DELEGATION OF POWERS

Principle of Non-Delegability
General Rule:
What has been delegated cannot be delegated.
It is based upon the ethical principle that such delegated power
constitutes not only as a right, but also as a duty to be performed by
the delegate through the instrumentality of his own judgment and
not through the intervening mind of another.
A further delegation of such power, unless permitted by the
sovereign power, would constitute a negation of this duty in violation
of the trust reposed in the delegate. (Cruz and Cruz, supra at 160)
Exceptions:
1.Delegations to the People at large;
2.Emergency powers of the President;
3.Tariff powers of the President;
4.Delegation to local governments; and
5.Delegation to Administrative bodies of
the power of subordinate legislation.
Delegations to the People at Large;
a.R.A. 6735 – The Initiative and Referendum Act as authorized
by the constitutional mandate for the creation of a system of
legislation by initiative and referendum
b.A plebiscite is required in the creation, division, merger,
abolition of province, city, municipality, or barangay or the
substantial alteration of its boundary.
NOTE: These are more of reservations of power by the
people than delegations considering the fact that the
people are repositories of all governmental powers.
Emergency Powers
For the delegation of emergency powers to the President to be
valid, the following requisites must concur:
1.It is done during war or national emergency
2.It must allow the President to exercise such powers which are
necessary and proper to carry out a declared national policy.
3.Such exercise must be for a limited period only.
NOTE: If the Congress does not expressly take back the power
by means of a Resolution, the same shall cease upon its next
Adjournment.
4.Such exercise must be subject to restrictions prescribed by the
Congress. [Sec. 23 (2), Art. VI, 1987 Constitution]
Tariff Powers
The Congress may, by law, authorize the President to
fix within specified limits, and subject to such
limitations and restrictions as it may impose, tariff
rates, import and export quotas, tonnage and
wharfage dues, and other duties or imposts within
the framework of the national development program
of the Government. [Sec. 28 (2), Art. VI, 1987
Constitution)
Local Governments
Pursuant to the State policy on local autonomy, the fundamental
powers of the State were delegated to local governments,
subject to restrictions imposed by Congress. The general law in
this regard is the Local Government Code (LGC).
The purpose for which the foregoing powers have been
delegated is to enable local authorities to attend to local
concerns in an effective and meaningful manner, instead of
relying too much on the national government, whose attention
would otherwise be diffuse over a multitude of local concerns.
Administrative Agencies and Subordinate
Legislation
Administrative agencies are clothed with rule-
making powers.
The only requirement is that the regulation
must be germane to the objects and purposes
of the law. (People v. Jolliffe, 105 Phil. 677,
1959)
Tests for Valid Delegation
1.Completeness Test – The law must be complete in itself, setting forth
therein the policy to be executed, carried out, or implemented by the
delegate.
2.Sufficiency Standard Test – The law must fix a standard, the limits of which
are sufficiently determinate or determinable, to which the delegate must
conform in the performance of his functions.
NOTE: For subordinate legislation to be valid, the Administrative Code of
1987 requires the filing of rules adopted by the administrative agencies with
the UP Law Center, in addition to compliance with completeness test and
sufficient standard test.