CONSTITUTIONAL LAW I

DELEGATION OF POWERS Permissible Delegation

Principle of Non-Delegation of Powers 1. Delegation of tariff powers to the President

2. Delegation of emergency powers to the President
 Potestas delegata non delegari potest – What has been 3. Delegation to the people at large
delegated cannot be delegated 4. Delegation to local governments
o Ethical principle that such delegated power 5. Delegation to administrative bodies
constitutes not only a right but a duty to be
performed by the delegate through the TARIFF POWERS
instrumentality of his own judgment and not
 Sec. 28(2) povides that “Congress may by law authorize
through the intervening mind of another
the President to fix within specified limits, and subject
 Applicable to all branches of government, with emphasis on
to such limitations and restrictions as it may impose,
the legislative department because of the many instances
tariff rates, import and export quotas, tonnage and
when delegation is permitted
wharfage dues, and other duties and imposts x x x”
 Because of its proliferation, it has been observed that the
 RATIONALE: To act immediately on certain matters
delegation of legislative power has become the rule,
affecting national economy lest delay result in hardship
and non-delegation the exception
to the people. Legislative process is too cumbersome for
o Increasing complexity of the task of government and
speedy solution of some economic problems, especially
growing inability of legislatureto cope directly
relating to foreign trade.
o An example is for common carriers (transport
 The provision should not be considered as a source of
vehicles) and the intricate details that should be
the power of the President to negotiate international
given attention to. Hence, the creation of the Land
trade agreements
Transportation Franchising and Regulatory
Board empowering it to promulgate needed rules EMERGENCY POWERS
and regulations, subject to certain statutory
limitations
  Sec. 23(2) provides that the Congress, in times of war or DELEGATION TO THE PEOPLE
other national emergency, may by law authorize the
President for a limited period and subject to such  The prevailing doctrine is that the people have
expressly reserved to themselves a power of
restrictions, to exercise powers necessary and proper
to carry out a declared national policy. decision, the function of legislation cannot be
exercised by them, even to the extent of accepting or
 RATIONALE: In times of war, it is difficult to achieve a
quorum to enable Congress to do business. Assuming rejecting a law which has been framed for their
consideration.
quorum, there is still divisiveness and inherent delay in
the lawmaking process that may hamper effective  The people had voluntarily surrendered the power of
legislation when they adopted the Constitution.
solution of the problems caused by emergency.
 The President in effect, becomes a constitutional  Referendum – the power of the electorate to approve
or reject a legislation through an election for the
dictator. But there is no total abdication of legislative
power. He is an agent, rather than a replacement of purpose (Sec 2, Art. XVII)
 Plebiscite – electoral process by which an initiative on
legislature.
the Constitution is approved or rejected by the people
Requisites for a Valid Exercise of Emergency Powers
REFERENDUM PLEBISCITE
1. There must be a war or other national emergency Method of submitting an Intended to work more
a. Rebellion important legislative measure permanent changes in the
b. Economic crisis to a direct vote of the whole political structure, such as a
people proposal amending the
c. Pestilence or epidemic
Constitution
d. Typhoon, flood, etc.
2. The delegation must be for a limited period of time
3. The delegation must be subject to such restriction as DELEGATION TO LOCAL GOVERNMENTS
Congress may provide
 RATIONALE: Local legislatures are more
4. The emergency powers must be exercised to carry out a
knowledgeable than the national lawmaking body on
national policy declared by Congress
matters of purely local concern. They are in a better
 The emergency powers are self-liquidating unless
position to enact necessary and appropriate legislation
sooner withdrawn. It will cease to exist if the emergency
 Local affairs shall be managed by local authorities,
ceases to exist.
general affairs by central authority
  While the rule is that legislative power may not be
delegated, the creation of municipalities exercise local
autonomy has never been held to trench upon that rule.
 Not a transfer of general legislative power, but the
grant of authority to prescribe local regulations
1. Power of eminent domain (delegated by Congress)
2. Police power (delegated by Congress)
3. Power of taxation (Constitutional provision)
DELEGATION TO ADMINISTRATIVE BODIES
 Power of subordinate legislation – entrustment of
national legislature to administrative bodies
 The Supreme Court upheld the need to delegate to
administrative bodies the authority to promulgate
rules and regulations to implement a given statute
and effectuate its policies.
 Implementing Rules and Regulations - they fill in
the details which Congress may not have opportunity or
competence to provide (also supplementary
regulations)
o They have the force and effect of law
 They may also issue contingent regulations pursuant to
a delegation of authority to determine some facts or
state things upon which the enforcement of law
depends.
o They also have the force and effect of law
Requisites for a Valid Delegation to Administrative Bodies
1. Authorized by legislature
2. Within the scope of authority given by legislature
3. Promulgated in accordance with the prescribed
procedure
4. Must be reasonable
TEST OF DELEGATION
 Assuming that the delegation of legislative power
derives its authority from any of the permissible
delegations, the question now is whether or not the
delegation has been validly made.
 The delegation itself must be circumscribed by
legislative restrictions
1. Completeness Test
 The law must be complete in all its essential terms
and conditions when it leaves the legislature so that
nothing will be left for the delegate to do when
it reaches him except enforce it
 A law is complete when it sets forth therein the
policy to be executed, carried out, or implemented
by the delegate. (What is the delegate supposed to
do?)
 If there are gaps in the law that will prevent its
enforcement unless filled, the delegate will then
have been given opportunity to step into the shoes
of the legislature. This is invalid delegation.
 In US v. Ang Tang Ho, a law authorized the
Governor-General “whenever for any cause,
conditions arise resulting in extraordinary rise in the
price of palay, rice, or corn, to issue and promulgate,
with the consent of the Council of State, temporary
 rules and emergency measures for carrying out
purposes of this act.” Pursuant to said provision,
he issued ceiling prices for said cereals. This was
challenged on the ground that it constituted an
invalid delegation. The Supreme Court sustained his
contention.
2. Sufficient Standard Test
 Sufficient Standard – map out the boundaries of
the delegate’s authority by defining legislative
policy and indicating circumtances under which
it is to be pursued and effected.
Emmanuel Pelaez v. Auditor General
FACTS
 Sec. 68 of the Administrative Code empowers the
President to create, merge, divide, abolish, or
otherwise alter the boundaries of municipal
corporations
 Petitioner Pelaez argues it is an invalid delegation of
legislative power.
 Government argued that it was not, invoking the case of
Cardona v. Binangonan, where the power of the
Governor-General to transfer territory from one
municipality to another was sustained.
ISSUE
 Whether or not Sec. 68 of the Administrative Code is a
valid delegation of legislative power?
RULING
 NO. Section 68 does not meet the requirements for a
valid delegation of power.
 A delegation of legislative power, in order to be valid,
must meet the two requisites:
1. Completeness Test – sets forth the policy to be
executed, carried out, or implemented by the
delegate
2. Sufficient Standard Test – fixing the limits to
which the delegate must conform in the
performance of functions
 In the case at bar, there was no statutory declaration of
policy and no sufficient standard to form as basis in
determining whether the delegate has acted within or
beyond the scope of his authority.
 It does not enunciate any policy to be carried out or
implemented by the President.
 Neither does it give a standard sufficiently precise to
avoid the evil effects above referred to.
 Hence, the delegate could thereby arrogate upon
himself the power not only to make low, but also to
unmake it, nullifying the principle of separation of
powers.
FUNDAMENTAL PRINCIPLES AND STATE POLICIES
  Lay down the rules underlying our system of
government and therefore, must be adhered to in the
conduct of public affairs and resolution of public issues.
 To emphasize and articulate the objectives and
limitations of governmental action in pursuit of the
general goals in the Preamble.
 The Supreme Court has made it clear that most of the
provisions are to be considered “mere legislative guides,
which absent enabling legisltion, do not embody
enforceable constitutional rights.” (Magallona v.
Ermita)
 Sec. 5 and Sec. 18 of Art. II, as well as the social justice
provision, are not self-executing provisions.
 These are merely statements of principles and policies,
to give them effect, legislative enactment is required.
A. REPUBLICANISM
 Sec 1, Art. II provides, “The Philippines is a democratic
and a republican state. Sovereignty resides in the people
and all government authority emanates from them.”
 Accords to the citizens a greater participation in
the affairs of government
i. People’s initiative
ii. Right to information on matters of public
concern (including the right to know the
state of health of the President)
iii. Right to file cases questioning factual bases
for suspension of privilege of the writ of
habeas corpus or declaration of martial law
 Right to interefere in the affairs of government and
challenge any act tending to prejudice their interest
 Encourages non-governmental, community-based, or
sectoral organizations that promote the welfare of the
nation
 No law shall be passed abridging the right of the people
to form unions, associations, and societies for purposes
not contrary to law
 The role of independent people’s organizations shall be
respected
 The right of the people and their organizations to
effective and reasonable participation at all levels of
social, political and economic decision-making
 The establishment of adequate consulation mechanisms
(regional development councils) for purpose of
administrative decentralization and strengthening of
local autonomy
 The people are declared supreme. Every citizen is an
individual repository of sovereignty. They are the origin
and restriction of all government authority.
 Republic – representative government, a government
run by and for the people
o Of the people – government’s composition
(government is made up of people who come
from the people)
o By the people – the people chooses those people
who make up the government
o For the people – the people are the ones for
whose benefit the governmental process exists
  Not a pure democracy where the people govern
themselves directly
a. Essential Features
1. Representation – selection by the citizenry of a
corps of public functionaries who derive their
mandate from the people and act on their
behalf, serving for a limited period only, and are
replaced or retained at the option of the
principal
2. Renovation – It does not allow permanent
legislation as well as governmental acts. These
acts are subject to changes by future government
officers.
b. Manifestation
1. Ours is a government of laws and not of men
(Villavicencio v. Lukban)
2. Rule of the majority (plurality in elections)
3. Accountability of public officials
4. Bill of Rights
5. Legislature cannot pass irrepealable laws
6. Separation of Powers
B. INCORPORATION CLAUSE
 Sec. 2, Art. II provides that “The Philippines renounces
war as an instrument of national policy, adopts the
generally accepted principles of international law as part
of the law of the land, and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all
nations.”
 In relation to Secs. 7 and 8 (independent foreign policy
and nuclear-free Philippines), Art. II; Sec. 25 (expiration
of bases agreement) Art. XVIII
a. Renunciation of War – The historical development
condemning or outlawing war in the international
scene:
1. Covenant of the League of Nations – provided
conditions for the right to go to war
2. Kellogg-Briand Pact of 1928 – otherwise the
“General Treaty of the Renunciation of War”
ratified by 62 states which forbade war as an
“instrument of national policy.”
3. Charter of the United Nations – Art. 2 of which
prohibits the threat or use of force against
the territorial integrity or political
independence of a State
b. Incorporation vs. Transformation
1. Incorporation - Our Courts have applied the
rules of international law in a number of cases
even if such rules had not previously been
subject of statutory enactments, because these
generally accepted principles of international
law are automatically part of our own laws
 Generally accepted principles of
international law – norms of general or
customary international law binding on all
states
 Incorporation method applies when by mere
constitutional declaration, international
 law is deemed to have the force of
domestic law
2. Doctrine of Transformation – Requires that an
international law be transformed into domestic
law through a constitutional mechanism such as
local legislation.
 Pursuant to Sec. 21, Art. VII, that “[n]o treaty
or international agreement shall be valid and
effective unless concurred in by at least two-
thirds of all members of the Senate.” Treaties
or international law must go through a
process of transformation before it can be
applied to domestic conflicts.
c. Conflict between Local vs International Law
 The doctrine of incorporation is applied
whenever there is a conflict between an
international law and the provisions of the
constitution or a statute.
 The international law will have the force of a
domestic law.
 Efforts should be first exerted to harmonize
them, to give effect to both.
 When the conflict is irreconcilable, municipal
law prevails over international law.
 In Ichong v. Hernandez, the court ruled that the
Retail Trade National Law was passed in the
exercise of police power and may not be
bargained away through a treaty or contract.
 In Gonzales v. Hechanova, the court ruled in
favor of the municipal law on the basis of
separation of powers and the rule-making
powers of the Supreme Court. Courts are organs
of municipal law.
 In most countries, the doctrine of incorporation
dictates that rules of international law are given
equal standing with, and not superior to,
national legislative enactments.
 Lex Posterior Derogat Priori – A later law
repeals an earlier law. A legal rule arising after a
conflicting legal rule prevails over the earlier rule
to the extent of the conflict.
 In the Philippines, where the Constitution is the
highest law of the land, both statutes and
treaties may be invalidated ig against the
constitution.
 In Philip Morris, Inc. v. CA, the Supreme Court
ruled that the fact that the international law has
been made part of the law of the land does not
by any means imply primacy of international law
over national law in the municipal sphere.
C. CIVILIAN SUPREMACY
 Sec. 3, Art. III provides that, “Civilian authority is
supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its
goal is to secure the sovereignty of the State and the
integrity of the national territory.”
 Sec. 18, Art. VII provides that, “The President shall be the
Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may
call out such armed forces to prevent or supress lawless
 violence, invasion, or rebellion. In case of invasion or
rebellion, when the public safety requires it, he may, for
a period of not exceeding sixty days, suspend the
privilege of the writ of habeas corpus or place the
Philippines or any part thereof under martial law.
Within forty-eight hours from the proclamation of
martial law or the suspension of the privilege of the writ
of habeas corpus, the President shall submit a report in
person or in writing to the Congress. The Congress,
voting jointly, by a vote of at least a majority of all its
Members in a regular or special session, may revoke
such proclamation or suspension, which revocation
shall not be set aside by the President. Upon the initiative
of the President, the Congress may, in the same manner,
extend such proclamation or suspension for a period
to be determined by Congress, if the invasion or rebellion
shall persist and public safety requires it.
 The Congress, if not in session, shall, within
twenty-four hours following such proclamation or
suspension, convene in accordance with its rules
without need of a call.
 The Supreme Court may review, in an
appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of
martial law or the suspension of the privilege of the writ
of habeas corpus or the extension thereof, and must
promulgate its decision thereon within thirty days from
its filing.
 A state of martial law does not suspend the
operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies,
nor authorize the conferment of jurisdiction on military
courts and agencies over civilians where civil courts are
able to function, nor automatically suspend the privilege
of the writ of habeas corpus.
 The suspension of the privilege of the writ of
habeas corpus shall apply only to persons judicially
charged for rebellion or offenses inherent in, or
directly connected with invasion.
 During the suspension of the privilege of the writ
of habeas corpus, any person thus arrested or
detained shall be judicially charged within three
days, otherwise he shall be released.
D. DUTY OF THE GOVERNMENT/DEFENSE OF STATE
 Sec. 4, Art. II provides that, “The prime duty of the
Government is to serve and protect the people. The
Government may call upon the people to defend the State
and, in fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal
military or civil service.”
 The inherent right of every State to existence and self-
preservation.
 Section 4, Art. XVI provides that, “The Armed Forces of
the Philippines shall be composed of a citizen armed force
which shall undergo military training and serve as may be
provided by law. It shall keep a regular force necessary for
the security of the State.” The pertinent law is C.A. No. 1,
otherwise known as the National Defense Act.
 Section 5, XVI is on the duty of the members of the
armed forces to uphold and defend the Constitution,
 professionalism, prohibition from civil service, on
extension, proportional recruitment, limitation of the
tour of duty of the Chief of Staff for three years, and the
duty of the State to strengthen patriotic spirit and
nationalist consciousness of the military.
 In People v. Lagman and People v. Zosa, both accused
were charged with and convicted of refusal to register
for military training as required by the above-mentioned
statute. Zosa appealed that he was fatherless and had a
mother and eight brothers to support, while Lagman
alleged that he had a father to support, had no military
leanings, and did not wish to kill or be killed. Both
claimed that the statute was unconstitutional. The
Supreme Court ruled that the law was constitutional, on
the basis of Sec. 4, Art. II.
 The duty to protect the state cannot be performed
except through an army.
E. Peace and Order
 Section 5, Art. II provides that, “The maintenance of
peace and order, the protection of life, liberty, and
property, and the promotion of the general welfare
are essental for the enjoyment by all the people of the
blessings of democracy.”
 Right to bear arms – statutory, not constitutional
right. The license to carry a firearm is neither a property
nor property right. Neither does it create a vested right.
o Even if it were a property right, it cannot be
considered absolute by virtue of the police
power of the state.
o Act. No. 1780 – first real firearms law to regulate
the importation, acquisition, possession, use and
transfer of firearms
o P.D. 1856, as amended by R.A. 8294
F. SEPARATION OF CHURCH AND STATE
 Sec. 6, Art. II provides that, “The separation of Church
and State shall be inviolable.”
1. Reinforced by:
a. Sec. 5, Art. III on the freedom of religion
b. Sec. 2(5), Art. IX-C, religious sects cannot be
registered as a political party
c. Sec. 5(2), Art. VI, no sectoral representative
from the religious people
d. Sec. 29 (2), Art. VI (Prohibition against
appropriation forsectarian benefit)
2. Exceptions:
a. Sec. 28 (3), Art. VI: (Churches, parsonages,
etc., actually, directlyand exclusively used for
religious purposes shall be exempt from
taxation).
b. Sec. 29 (2), Art. VI: (Prohibition against
appropriation for sectarianbenefit, except
when priest, etc., is assigned to the armed
forces, or to any penal institution or
government orphanage or leprosarium).
c. Sec. 3 (3), Art. XIV: (Optional religious
instruction for publicelementary and high
school students).
 d. Sec. 4 (2), Art. XIV: (Filipino ownership
requirement for educationalinstitutions,
except those established by religious groups
and mission boards).
G. INDEPENDENT FOREIGN POLICY