TESTS FOR VALID DELEGATION

1. Completeness Test

The law must be complete when it leaves the legislature so that there will be nothing left
on the delegate except to enforce it.
2. Sufficient Standard Test.
A standard that is to map out the boundaries of the delegate’s authority by defining the
legislative policy and indicating the circumstances under which it is to be pursued and
effected.

Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which
shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective
Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices
of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of
the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of
proportional representation from the political parties and the parties or organizationsregistered under
the party-list system represented therein. The senior Justice in the Electoral Tribunal shall
be its Chairman.
Note: The HRET (Electoral Tribunals) was created as non-partisan court. It must be independent of
Congress and devoid of partisan influence and consideration. Disloyalty to the party and breach of party
discipline are not valid grounds for expulsion of a member (Angara vs. Electoral Commission, 63 Phil.
139).
Electoral Tribunal; Functions & Composition
(Q5-2006)
1. What is the function of the Senate Electoral Tribunal and the House of Representatives Electoral
Tribunal? (2.5%)
SUGGESTED ANSWER:
Under Article VI, Section 17 of the 1987 Constitution, the Senate and House of Representatives
Electoral Tribunals shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members.
2. What is the composition of each? (2.5%)
SUGGESTED ANSWER:
Each Electoral Tribunal shall be composed of NINE Members, three of whom shall be Justices of the
Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the
Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of
proportional representation from the political parties and the parties or organizations registered
under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be
its Chairman (Article VI, Section 17,1987 Constitution).
Electoral Tribunal; Senate; Jurisdiction
(1990)
No. 3: Y was elected Senator in the May 1987 national elections. He was born out of wedlock
in 1949 of an American father and a naturalized Filipina mother. Y never elected Philippine
citizenship upon reaching the age of majority. Before what body should T, the losing candidate,
question the election of Y? State the reasons for your answer. Is Y a Filipino citizen? Explain your
answer.
SUGGESTED ANSWER:
(1) T, the losing candidate, should question the election of Y before the Senate Electoral Tribunal,
because the issue involved is the qualification of Y to be a Senator. Section 17,
Article VI of the 1987 Constitution provides that. The Senate and the House of Representatives
shall each-have an Electoral Tribunal which shall be the sole judge of all contests relating to
the election, returns, and qualifications of their respective Members."
(2) Yes, Y is a natural born Filipino citizen. ....
Electoral Tribunal; SET; PET Jurisdiction (2012) No. IV. Mr. Yellow and Mr. Orange were the
leading candidates in the vice-presidential elections. After elections, Yellow emerged as the
winner by a slim margin of 100,000 votes. Undaunted, Orange filed a protest with the
Presidential Electoral Tribunal (PET). After due consideration of the facts and the issues, the
PET ruled that Orange was the real winner of the elections and ordered his immediate
proclamation.
(a) Aggrieved, Yellow filed with the Supreme Court a Petition for Certiorari challenging the
decision of the PET alleging grave abuse of discretion. Does the Supreme Court have
jurisdiction? Explain. (3%) SUGGESTED ANSWER The Supreme Court has no jurisdiction
over the petition. The Presidential Electoral Tribunal is not simply an agency to which
the Members of the Senate Court were assigned. It is not separate from the Supreme
Court. (Macalintal vs. Presidential Electoral Tribunal, 631 SCRA 239.) (b) Would the
answer in (a.) be the same if Yellow and Orange were contending for a senatorial slot and it was
the Senate Electoral Tribunal (SET) who issued the challenged ruling? (3%) SUGGESTED
ANSWER The Supreme Court would have jurisdiction if it were the Senate Electoral
Tribunal who issued the challenged ruling. The Supreme Court can review its decision if
it acted with grave abuse of discretion. (Lerias vs. House of Representatives Electoral
Tribunal, 202 SCRA 808.)
Electoral Tribunal; HRET Members’ Right &
Responsibilities (2002)
No IV. In an election case, the House of Representatives Electoral Tribunal rendered a decision
upholding the election protest of protestant A, a member of the Freedom Party, against protestee B,
a member of the Federal Party. The deciding vote in favor of A was cast by Representative X, a
member of the Federal Party . For having voted against his party mate, Representative X was
removed by Resolution of the House of Representatives, at the instance of his party (the Federal
Party), from