Chapter 7- Delegation of Powers

Corollary to the doctrine of separation of powers is the principle of non-delega

tion of powers.
Potestas delegata non delegari potest- What has been delegated cannot be delegat
ed
Such delegated power constitutes not only a right but a duty to be performed by
the delegate through the instrumentality of his own judgment and notthrough the
intervening mind of another.
The principle of non-delegation of powers is applicable to all the three major p
owers of the government but is especially important in the case of thelegislativ
e power because of the many instances when its delegation is permitted.
Permissible Delegation
Delegation of tariff powers to the President.
o
Section 28(2). The Congress may by law authorize the President to fix within spe
cified limits, and subject to such limitations andrestrictions as it may impose,
tariff rates, import and export quotas, tonnage and wharfage dues, and other du
ties or imposts, within theframework of the national development program of the
Government.
o
Reason for the delegation: The necessity, not to say expediency, of giving the C
hief Executive the authority to act immediately on certainmatters affecting the
national economy lest delay result in hardship to the people.
Delegation of emergency powers to the President.
o
Section 23(2). In times of war or other national emergency, the Congress may by
law authorize the President, for a limited period andsubject to such restriction
s as it may prescribe, to exercise powers necessary and proper to carry out a de
clared national policy. Unlesssooner withdrawn by resolution of the Congress, su
ch powers shall cease upon its next adjournment.
o
When emergency powers are delegated to the President, he becomes in effect a con
stitutional dictator.
o
Conditions for the vesture of emergency powers in the President are the followin
g:
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There must be a war or other national emergency.
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The delegation must be for a limited period only.
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The delegation must be subject to such restrictions as the Congress may prescrib
e.
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The emergency powers must be exercised to carry out a national policy declared b
y the Congress.
o
Other national emergency may include rebellion, economic crisis, pestilence or epi
demic, typhoon, flood or other similar catastrophe of nation-wide proportions or
effect.
o
Conferment of emergency powers on the President is NOT MANDATORY on the Congress
.
o

The emergency does not automatically confer emergency powers on the President.
Delegation to the people at large.
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Referendum
- a method of submitting an important legislative measure to a direct vote of th
e whole people.
o
Plebiscite
- a device to obtain a direct popular vote on a matter of political importance,
but chiefly in order to create a some more or less permanent political condition
.
Delegation to the local government.
o
Based on the recognition that local legislatures are more knowledgeable than the
national lawmaking body on matters of purely localconcern and are therefore in
a better position to enact the necessary and appropriate legislation thereon.
o
Local affairs managed by local authorities and General affairs by the central au
thority.
Delegation to administrative body.
o
With this power administrative bodies may implement the broad policies laid down
in a statute by filling in the details which the Congressmay not have the opportu
nity or competence to provide.
o
This is effected by their promulgation of what are know as SUPPLEMENTARY REGULAT
IONS.
o
They may also issue contingent regulations pursuant to a delegation of authority
to determine some fact or state of things upon which theenforcement of law depe
nds. In other words, they are allowed to ascertain the existence of particular c
ontingencies and on the basis thereof enforce or suspend the operation of a law.
Tests of Delegation
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Question of whether or not the delegation has been validly made.
o
Completeness Test
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The law must be complete in all its essential terms and conditions when it leave
s the legislature so that there will be nothing leftfor the delegate to do when
it reaches him except to enforce it.
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If there are gaps in the law that will prevent its enforcement unless they are f
irst filed, the delegate will then have been given theopportunity to step into t
he shoes of the legislature and to exercise a discretion essentially legislative
in order to repair theomission. This is INVALID DELEGATION.
o
Sufficient Standard Test
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It is intended to map out the boundaries of the delegate s authority by defining t
he legislative policy and indicating thecircumstances under which it is to be pu
rsued and effected.
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PURPOSE: to prevent a total transference of legislative power from the lawmaking
body to the delegate.