Section 1.

The Legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

A. Definition of Legislative Power

Legislative power is the authority to make laws and to alter or repeal them.

B. Where Vested
Legislative power is vested in Congress except to the extent reserved to the people by the provision on initiative and
referendum.

C. Classification of legislative power

(1) Original legislative power- possessed by the sovereign people.
(2) Derivative legislative power- that which has been delegated by the sovereign people to the legislative bodies. (Kind of
power vested in Congress)
(3) Constituent- The power to amend or revise the constitution
(4) Ordinary- Power to pass ordinary laws. Legislative power exercised by the people. The people, through the
amendatory process, exercise constituent power, and through initiative and referendum, ordinary legislative power.

D. Scope of Legislative power.

Congress may legislate on any subject matter. (Vera v. Avelino) In other words, the legislative power of Congress is
plenary.

Power to Create Public Office is Inherently Legislative Power. It is settled that, except for the offices created by the
Constitution, the creation of a public office is primarily a legislative function. (Separate Opinion of C.J. Corona in
Biraogo v. PTC, 2010) The power to create a public office is essentially legislative, and, therefore, it belongs to Congress.
It is not shared by Congress with the President, until and unless Congress enacts legislation that delegates a part of the
power to the President, or any other officer or agency. (Separate Opinion of J. Bersamin in Biraogo v. PTC, 2010)

How is public office created?

A public office may be created only through any of the following modes, namely:
(a) by the Constitution; or
(b) by statute enacted by Congress; or
(c) by authority of law (through a valid delegation of power). (J.Bersamin in Biraogo v. PTC citing Secretary of DOTC v.
Malabot, G.R. No. 138200, February 27, 2002, 378 SCRA 128.)

E. Limitations on legislative power:

1. Substantive limitations138
2. Procedural limitations139
1. Substantive limitations:
a. Express Limitations
i. Bill of Rights140
ii. On Appropriations141
iii. On Taxation142
iv. On Constitutional Appellate jurisdiction of SC143
v. No law granting a title of royalty or nobility shall be enacted (art. 6 §31)
b. Implied limitations
i. Congress cannot legislate irrepealable laws
ii. Congress cannot delegate legislative powers
iii. Non-encroachment on powers of other departments
2. Procedural Limitations
a. Only one subject
 b. Three readings on separate days
c. Printed copies in its final form 3 days before passage of the bill. (art 6 § 26)

F. Non-delegability of Legislative power

Doctrine of Non-delegation of legislative powers:
The rule is delegata potestas non potest delagari-what has been delegated cannot be delegated. The doctrine rests on the
ethical principle that a delegated power constitutes not only a right but duty to be performed by the delegate by the
instrumentality of his own judgment and not through the intervening mind of another.

G. Rationale of the Doctrine of Non-delegability:

(1) Based on the separation of powers. (Why go to the trouble of separating the three powers of government if they can
straightaway remerge on their own notion?)
(2) Based on due process of law. Such precludes the transfer of regulatory functions to private persons.
(3) And, based on the maxim, “degelata potestas non potest delegari” meaning what has been delegated already cannot be
further delegated.

H. Valid delegation of legislative powers

General Rule: Legislative power cannot be delegated
Exceptions:
(1) Delegation of tariff power to the President
(2) Delegation of emergency powers to the President
(3) Delegation to LGU

Note:
Some commentators include:
(a) delegation to the people at large and
(b) delegation to administrative bodies to the exceptions.(See Cruz, Philippine Political Law p 87, 1995 ed.)

However, I submit this is not accurate. I submit that legislative power is not delegated to the people because in the first
place they are the primary holder of the power; they only delegated such power to the Congress through the Constitution.
(See Preamble and Article II Section 1) Note that Article VI Section 1 does not delegate power to the people. It reserves
legislative power to the people. -asm What is delegated to administrative bodies is not legislative power but rule-making
power or law execution.

Delegation of rule-making powers

What is delegated to administrative bodies is not legislative power but rule-making power or law execution.
Administrative agencies may be allowed either to:
 Fill up the details on otherwise complete statue
Or
 Ascertain the facts necessary to bring a “contingent” law or provision into actual operation.

Power of Subordinate Legislation.

It is the authority of the administrative body tasked by the legislature to implement laws to promulgate rules and
regulations to properly execute and implement laws.

Contingent Legislation
The standby authority given to the President to increase the value added tax rate in the VAT Law, R.A. 9337 was upheld
as an example of contingent legislation where the effectivity of the law is made to depend on the verification by the
executive of the existence of certain conditions.
J. Requisites for a valid delegation of rule-making power or execution: (2005 Bar Question)
(1) The delegating law must be complete in itself – it must set therein the policy to be carried out or implemented
by the delegate.
(2) The delegating law must fix a sufficient standard- the limits of which are sufficiently determinate or
determinable, to which the delegate must conform in the performance of his functions.

Importance of Policy.
Without a statutory declaration of policy, the delegate would, in effect, make or formulate such policy, which is the
essence of every law. Importance of Standard. Without standard, there would be no means to determine with reasonable
certainty whether the delegate has acted within or beyond the scope of his authority. Hence, he could thereby arrogate
upon himself the power, not only to make law, but also to unmake it, by adopting measures inconsistent with the end
sought to be attained by the Act of Congress. (Pelaez v. Auditor General)

K. Standards
1. Need not be explicit
2. May be found in various parts of the statute
3. May be embodied in other statutes of the same statute
1. A legislative standard need not be explicit or formulated in precise declaratory language. It can be drawn from
the declared policy of the law and from the totality of the delegating statute. (Osmena v. Orbos) It can be implied from the
policy and purpose of the law (Agustin v. Edu)
2. A legislative standard may be found in various parts of the statute. (Tablarin v. Guttierez)
3. A legislative standard need not be found in the law challenged and may be embodied in other statues on the
same subject. (Chiongbayan v Orbos)