Separation and Delegation - 5!10!17

SAN BEDA COLLEGE OF LAW 2017
MENDIOLA, MANILA
nothing less." [In re: Manzano, A.M. No. 88-7-

1861-RTC, October 5, 1988]
SEPARATION OF POWERS
Unless the Constitution provides otherwise,
the Executive department should exclusively
Concept exercise all roles and prerogatives which go
The separation of powers is a fundamental into the implementation of the national
principle in our system of government. It budget as provided under the GAA as well as
obtains not through express provision but by any other appropriation law…. Clearly, these
actual division in our Constitution. Each post-enactment measures which govern the
department of the government has exclusive areas of project identification, fund release
cognizance of matters within its jurisdiction, and fund realignment are not related to
and is supreme within its own sphere. But it functions of congressional oversight and,
does not follow from the fact that the three hence, allow legislators to intervene and/or
powers are to be kept separate and distinct assume duties that properly belong to the
that the Constitution intended them to be sphere of budget execution. Indeed, by virtue
absolutely unrestrained and independent of of the foregoing, legislators have been, in one
each other. The Constitution has provided for form or another, authorized to participate in
an elaborate system of checks and balances to "the various operational aspects of
secure coordination in the workings of the budgeting," including "the evaluation of work
various departments of the government. and financial plans for individual activities"
[Angara vs. Electoral Commission, G.R. No. and the "regulation and release of funds" in
45081, July 15, 1936] violation of the separation of powers
principle. [Belgica v. Executive Secretary,
While the doctrine of separation of powers is G.R. No. 208566, November 19, 2013]
a relative theory not to be enforced with
pedantic rigor, the practical demands of
government precluding its doctrinaire Purpose: To prevent concentration of
application, it cannot justify a member of the
authority in one person or group of
judiciary being required to assume a position
persons that might lead to an irreversible
or perform a duty non-judicial in character.
That is implicit in the principle. Otherwise error or abuse in its exercise to the
there is a plain departure from its command. detriment of republican institutions. “To
The essence of the trust reposed in him is to secure action, to forestall overaction, to
decide. Only a higher court, as was prevent despotism and to obtain
emphasized by Justice Barredo, can pass on efficiency” [Pangasinan Transporation
his actuation. He is not a subordinate of an Co. v. Public Service Commission, 40 O.G.
executive or legislative official, however 8th Supp. 57]. See also Tuason v.
eminent. It is indispensable that there be no Register of Deeds of Caloocan City, 157
exception to the rigidity of such a norm if he SCRA 613; In Re: Manzano, 166 SCRA
is, as expected, to be confined to the task of
246.
adjudication. Fidelity to his sworn
responsibility no less than the maintenance of
respect for the judiciary can be satisfied with
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SUBIJANO, CHRISTOPHER
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In La Bugal-B’Laan Tribal Association v.

Ramos, G.R. No. 127882, December 1, IN RE: MANZANO
2004, the Court restrained itself from 166 SCRA 246, 1988
intruding into policy matters to allow the
FACTS:
President and Congress maximum
Judge Manzano was designated member of
discretion in using the mineral resources the Ilocos Norte Provincial Committee on
of our country and in securing the Justice by the Provincial Governor. The
assistance of foreign groups to eradicate function of the Committee is to receive
the grinding poverty of our people and complaints and make recommendations
answer their cry for viable employment towards the speedy disposition of cases of
opportunities in the country. “The detainees, particularly those who are poor.
Judiciary is loath to interfere with the due
exercise by co-equal branches of ISSUE: May the Judge accept the designation?
government of their official functions”.
HELD: No. The committee performs
administrative functions, that is, functions
Let the development of the mining which “involve the regulation and control
over the conduct mand affairs of individuals
industry be the responsibility of the for their own welfare and the promulgation of
political branches of government. The rules and regulations to better carry out the
questioned provisions of R.A. 7942 policy of the legislature or such as are
(Philippine Mining Act of 1995) are not devoted upon the administrative agency by
the organic law of its existence. Under the
unconstitutional. Constitution, the members of the Supreme
Court and other courts established by law
Application: Not “doctrinaire” nor with shall not be designated to any agency
“pedantic rigor”; “not independence but performing quasi-judicial or administrative
interdependence”. functions (Section 12, Art. VIII, Constitution).
In the absence of any administrative Considering that membership of Judge

action taken against the RTC Judge by the Manzano in the Ilocos Norte Provincial
Supreme Court with regard to the Committee on Justice, which discharges
former’s certificate of service, the administrative functions, will be in violation
investigation conducted by the of the Constitution. This declaration does not
Ombudsman encroaches into the mean that RTC Judges should adopt an
attitude of monastic insensibility or
Supreme Court’s power of administrative
unbecoming indifference to Province/City
supervision over all courts and its Committee on Justice. As incumbent RTC
personnel, in violation of the doctrine of Judges, they form part of the structure of
separation of powers [Maceda v. Vasquez, government. Their integrity and performance
221 SCRA 464]. in the adjudication of cases contribute to the
solidity of such structure. As public officials,

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they are trustees of an orderly society. Even assigned to it by the Constitution to

as non-members of Provincial/City determine conflicting claims of authority
Committees on Justice, RTC judges should under the Constitution and to establish for
render assistance to said Committees to help the parties in an actual controversy the rights
promote the landable purposes for which which that instrument secures and
they exist, but only when such assistance may guarantees to them. This is in truth all that is
be reasonably incidental to the fulfillment of involved in what is termed "judicial
their judicial duties. supremacy" which properly is the power of
judicial review under the Constitution. Even
then, this power of judicial review is limited
Doctrine of Judicial Supremacy to actual cases and controversies to be
But in the main, the Constitution has blocked exercised after full opportunity of argument
out with deft strokes and in bold lines, by the parties, and limited further to the
allotment of power to the executive, the constitutional question raised or the very lis
mota presented. Any attempt at abstraction
legislative and the judicial departments of the
could only lead to dialectics and barren legal
government. The overlapping and interlacing questions and to sterile conclusions of
of functions and duties between the several wisdom, justice or expediency of legislation.
departments, however, sometimes makes it More than that, courts accord the
hard to say just where the one leaves off and presumption of constitutionality to legislative
the other begins. In times of social enactments, not only because the legislature
disquietude or political excitement, the great is presumed to abide by the Constitution but
also because the judiciary in the
landmarks of the Constitution are apt to be
determination of actual cases and
forgotten or marred, if not entirely controversies must reflect the wisdom and
obliterated. In cases of conflict, the judicial justice of the people as expressed through
department is the only constitutional organ their representatives in the executive and
which can be called upon to determine the legislative departments of the government.
proper allocation of powers between the [Angara vs. Electoral Commission, G.R. No.
several departments and among the integral 45081, July 15, 1936]
or constituent units thereof.
The Constitution is a definition of the powers

of government. Who is to determine the
nature, scope and extent of such powers? The ANGARA VS. THE ELECTORAL
Constitution itself has provided for the COMMISSION
instrumentality of the judiciary as the rational G.R. NO. 45081. JULY 15, 1936
way. And when the judiciary mediates to LAUREL, J:
allocate constitutional boundaries, it does not
assert any superiority over the other FACTS:
departments; it does not in reality nullify or Petitioner Jose Angara and respondents
invalidate an act of the legislature, but only Pedro Ynsua, Miguel Castillo and Dionisio
asserts the solemn and sacred obligation

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Mayor, were candidates voted for the Assembly"; that in adopting its resolution
position of member of the National of December 9, 1935, fixing this date as
Assembly for the first district of the the last day for the presentation of
Province of Tayabas in the September 17, protests against the election of any
1395 election. Petitioner was proclaimed member of the National Assembly, it acted
to be a member-elect of the National within its jurisdiction and in the
Assembly by the Provincial Board of legitimate exercise of the implied powers
Canvassers. Thereafter, petitioner took granted it by the Constitution to adopt the
his oath. rules and regulations essential to carry
out the powers and functions conferred
The National Assembly passed a upon the same by the fundamental law;
Resolution, confirming proclamation of that in adopting its resolution of January
Angara. Ynsua filed before the respondent 23, 1936, overruling the motion of the
Electoral Commission a "Motion of petitioner to dismiss the election protest
Protest" against the election of petitioner, in question, and declaring itself with
and praying that said respondent be jurisdiction to take cognizance of said
declared elected member, or that the protest, it acted in the legitimate exercise
election of said position be nullified. The of its quasi-judicial functions as an
respondent denied petitioner's "Motion to instrumentality of the Legislative
Dismiss the Protest." Petitioner argues Department of the Commonwealth
that: the Constitution confers exclusive Government, and hence said act is beyond
jurisdiction upon the Electoral the judicial cognizance or control of the
Commission solely as regards the merits Supreme Court, among others.
of contested elections to the National
Assembly, and that the Constitution Petitioner prayed for the issuance of a
excludes from said jurisdiction the power preliminary writ of injunction against the
to regulate the proceedings of said Commission, which petition was denied
election contests, which power has been "without passing upon the merits of the
reserved to the Legislative Department of case."
the Government or the National Assembly.
ISSUE: Whether or not the Electoral
The Solicitor-General appeared and filed Commission acted without or in excess of
an answer in behalf of the respondent, its jurisdiction in assuming to take
interposing the special defense that the cognizance of the protest filed against the
Commission has been created by the election of the herein petitioner
Constitution as an instrumentality of the notwithstanding the previous
Legislative Department invested with the confirmation of such election by
jurisdiction to decide "all contests relating resolution of the National Assembly.
to the election, returns, and qualifications
of the members of the National HELD:
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The separation of powers is a returns and qualifications of the members

fundamental principle in our system of of the National Assembly."
government. It obtains not through
express provision but by actual division in The transfer of the power of determining
our Constitution. Each department of the the election, returns and qualifications of
government has exclusive cognizance of the members of the Legislature long
matters within its jurisdiction, and is lodged in the legislative body, to an
supreme within its own sphere. But it independent, impartial and non-partisan
does not follow from the fact that the tribunal, is by no means a mere
three powers are to be kept separate and experiment in the science of government.
distinct that the Constitution intended The members of the Constitutional
them to be absolutely unrestrained and Convention who framed our fundamental
independent of each other. The law were in their majority men mature in
Constitution has provided for an years and experience. The creation of the
elaborate system of checks and balances Electoral Commission was designed to
to secure coordination in the workings of remedy certain evils of which the framers
the various departments of the of our Constitution were cognizant. From
government. the deliberations of our Constitutional
Convention it is evident that the purpose
The issue hinges on the interpretation of was to transfer in its totality all the
section 4 of Article VI of the Constitution. powers previously exercised by the
The nature of the present controversy Legislature in matters pertaining to
shows the necessity of a final contested elections of its members, to an
constitutional arbiter to determine the independent and impartial tribunal. It
conflict of authority between two was not so much the knowledge and
agencies created by the Constitution. If appreciation of contemporary
the conflict were left undecided and constitutional precedents, however, as the
undetermined, a void would be created in long-felt need of determining legislative
our constitutional system, which may in contests devoid of partisan
the long run prove destructive of the considerations which prompted the
entire framework. Upon principle, reason people acting through their delegates to
and authority, the Supreme Court has the Convention to provide for this body
jurisdiction over the Electoral known as the Electoral
Commission and the subject matter of the Commission. With this end in view, a
present controversy for the purpose of composite body in which both the
determining the character, scope and majority and minority parties are equally
extent of the constitutional grant to the represented to off-set partisan influence
Electoral Commission as "the sole judge of in its deliberations was created, and
all contests relating to the election, further endowed with judicial temper by

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including in its membership three justices National Assembly has chosen to act, a
of the Supreme Court. situation worse than that intended to be
remedied by the framers of our
The grant of power to the Electoral Constitution. The power to regulate on
Commission to judge all contests relating the part of the National Assembly in
to the election, returns and qualifications procedural matters will inevitably lead to
of members of the National Assembly, is the ultimate control by the Assembly of
intended to be as complete and the entire proceedings of the Electoral
unimpaired as if it had remained Commission, and, by indirection, to the
originally in the Legislature. The express entire abrogation of the constitutional
lodging of that power in the Electoral grant. It is obvious that this result should
Commission is an implied denial of the not be permitted.
exercise of that power by the National
Assembly. If the power claimed for the
National Assembly to regulate the
proceedings of the Electoral Commission Political Question vs. Justiceable Question
and cut off the power of the Electoral The term "political question" connotes what it
Commission to lay down a period within means in ordinary parlance, namely, a
which protest should be filed were question of policy. It refers to those questions
conceded, the grant of power to the which under the Constitution, are to be
commission would be ineffective. decided by the people in their sovereign
The Electoral Commission in such a case capacity; or in regard to which full
would be invested with the power to discretionary authority has been delegated to
the legislative or executive branch of the
determine contested cases involving the
government. It is concerned with issues
election, returns, and qualifications of the
dependent upon the wisdom, not legality, of a
members of the National Assembly but particular measure"
subject at all times to the regulative
power of the National Assembly. Not only A purely justiciable question or controversy
would the purpose of the framers of our as it implies a given right, legally demandable
Constitution of totally transferring this and enforceable, an act or omission violative
authority from the legislative body be of said right, and a remedy, granted or
frustrated, but a dual authority would be sanctioned by law, for said breach of right.
created with the resultant inevitable clash Before and after the ratification and
of powers from time to time. A sad effectivity of the New Constitution, the nature
of the aforesaid issue as well as the
spectacle would then be presented of the
consequences of its resolution by the Court,
Electoral Commission retaining the bare
remains the same as above-stated. [Casibang
authority of taking cognizance of cases vs. Aquino, G.R. No. L-38025, August 20,
referred to, but in reality without the 1979]
necessary means to render that authority
effective whenever and wherever the
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reason of which — (principally) Section 9

Grave Abuse of Discretion of Article XVII [Transitory Provisions] and
A petition for certiorari will prosper only if Section 2 of Article XI — a political
grave abuse of discretion is alleged and question has intervened in the case. Yu
proved to exist. "Grave abuse of discretion,"
contended that "the provisions in the
under Rule 65, has a specific meaning. It is the
1935 Constitution relative to all local
arbitrary or despotic exercise of power due to
passion, prejudice or personal hostility; or governments have been superseded by
the whimsical, arbitrary, or capricious the 1973 Constitution. Respondent Judge
exercise of power that amounts to an evasion sustained the political question theory
or refusal to perform a positive duty enjoined and ordered the dismissal of the electoral
by law or to act at all in contemplation of law. protest. Hence, this petition.
For an act to be struck down as having been
done with grave abuse of discretion, the ISSUE: Whether or not the electoral
abuse of discretion must be patent and gross. protest filed by the petitioner remained a
[Ongsiako Reyes vs. COMELEC, G.R. No. justiciable question even after the 1973
207264, June 25, 2013]
Constitution was adopted, thus remains
to be under the jurisdiction of the Court of
First Instance.
CASIBANG VS. AQUINO
G.R. NO. L-38025. AUGUST 20, 1979 HELD:
MAKASIAR, J P: The thrust of the aforesaid political
question theory of respondent Yu is that
FACTS: the 1973 Constitution, through Section 9
Respondent Remigio Yu was proclaimed of Article XVII thereof, protected only
as the elected Mayor of Rosales, those incumbents, like him, at the time of
Pangasinan over his rival, petitioner, who its ratification and effectivity and are the
seasonably filed a protest with the trial only ones authorized to continue in office
court, presided by respondent Judge, who and their term of office as extended now
initially took cognizance of the same as it depends on the pleasure of, as the same
is unquestionably a justiciable has been entrusted or committed to, the
controversy. incumbent President of the Philippines or
the Legislative Department; and that
In the meantime, President Marcos issued Section 2 of Article XI thereof entrusted to
Proclamation No. 1081, placing the entire the National Assembly the revamp of the
country under Martial Law; thereafter, a entire local government structure by the
new Constitution was adopted. Yu moved enactment of a local government code,
to dismiss the election protest on the thus presenting a question of policy, the
ground that the trial court had lost necessity and expediency of which are
jurisdiction over the same in view of the outside the range of judicial review. In
effectivity of the 1973 Constitution by short, for the respondent Judge to still
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continue assuming jurisdiction over the to rectify mistakes or excesses committed

pending election protest of petitioner is by the other departments, e.g., veto power
for him to take cognizance of a question of the President as check on improvident
or policy "in regard to which full legislation, etc..
discretionary authority has been
delegated to the Legislative or Executive Role of the Judiciary. The judicial power,
branch of the government." as defined in Sec. 1, Art. VIII, “includes the
duty of the courts of justice to settle
The electoral protest case herein involved actual controversies involving rights
has remained a justiciable controversy. which are legally demandable and
No political question has ever been enforceable, and to determine whether or
interwoven into this case. Nor is there any not there has been a grave abuse, of
act of the incumbent President or the discretion amounting to lack or excess of
Legislative Department to be indirectly jurisdiction on the part of any branch or
reviewed or interfered with if the instrumentality of the Government”.
respondent Judge decides the election
protest. The term "political question" Note that when the court mediates to
connotes what it means in ordinary allocate constitutional boundaries or
parlance, namely, a question of policy. It invalidates the acts of a coordinate body,
refers to those questions which under the what it upholds is not its own superiority
Constitution, are to be decided by the but the supremacy of the Constitution
people in their sovereign capacity; or in [Angara v. Electoral Commission, 63
regard to which full discretionary Phil 139] Read The Power of Judicial
authority has been delegated to the Review, supra. See also: Aquino v. Enrile,
legislative or executive branch of the 59 SCRA 183; Bondoc v. Pineda, 201
government. It is concerned with issues SCRA 792.
dependent upon the wisdom, not legality,
of a particular measure" (Tañada vs. The first and safest criterion to determine
Cuenco, L-1052, Feb. 28, 1957). whether a given power has been validly
exercised by a particular department is
Principle of Blending of Powers. whether or not the power has been
Instances when powers are not confined constitutionally conferred upon the
exclusively within one department but department claiming its exercise — since
are assigned to or shared by several the conferment is usually done expressly.
departments, e.g., enactment of general However, even in the absence of express
appropriations law. conferment, the exercise of the power
may be justified under the doctrine of
Principle of Checks and Balances. This necessary implication, i.e. that the grant of
allows one department to resist an express power carries with it all other
encroachments upon its prerogatives or powers that may be reasonably inferred
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from it. Note also that there are powers Constitution, it becomes not only the right
which although not expressly conferred but the duty of the judiciary to settle the
nor implied therefrom, are inherent or dispute.
incidental, e.g., the President’s power to
deport undesirable aliens which may be “The term 'political question’ connotes
exercised independently of constitutional what it means in ordinary parlance,
or statutory authority, because it is an namely a question of policy. It refers to
“act of State”. See also: Marcos v. those questions which, under the
Manglapus, 178 SCRA 760, where the Constitution, are to be decided by the
Supreme Court justified the action of people in their sovereign capacity, or in
President Aquino in banning the return of regard to which full discretionary
the Marcoses to the Philippines on the authority has been delegated to the
basis of the President’s residual powers. legislative or executive branch of
government. It is concerned with issues
Political and justiciable questions. “A of a particular measure” [Tanada v.
purely justiciable question implies a given Cuenco, 100 Phil 1101].
right, legally demandable and enforceable,
an act or omission violative of such right, Thus, in Defensor-Santiago v. Guingona,
and a remedy granted and sanctioned by G.R. No. 134577, November 18, 1998,
law for said breach of right” [Casibang v. where Senator Defensor-Santiago
Aquino, 92 SCRA 642]. questioned the election of Senator
Guingona as Minority Floor Leader, the
In Tatad v. Secretary of Energy, supra., Supreme Court said that it “has no
the Supreme Court ruled that what the authority to interfere and unilaterally
petitioners raised were justiciable intrude into that exclusive realm, without
questions, considering that the running afoul of constitutional principles
“statement of facts and definition of that it is bound to protect and uphold ---
issues clearly show that the petitioners the very duty that justifies the Court’s
are assailing R.A. 8180 because its being. Constitutional respect and a
provisions infringe the Constitution and becoming regard for the sovereign acts of
not because the law lacks wisdom”. a co-equal branch prevent this Court from
prying into the internal workings of the
In Tanada v. Angara, supra., the petition Senate. To repeat, this Court will be
seeking the nullification of the Senate neither a tyrant nor a wimp; rather, it will
concurrence of the President’s ratification remain steadfast and judicious in
of the Agreement establishing the World upholding the rule and the majesty of the
Trade Organization (WTO), was held to law.” See also Bagatsing v. Committee on
present a justiciable controversy, because Privatization, supra., where it was held
where an action is alleged to infringe the that the decision of PNOC to privatize
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Petron and the approval of such by the System and should have been filed against
Committee on Privatization, being in the State Insurance Fund. The POEA
accordance with Proclamation No. 50, nevertheless assumed jurisdiction and
cannot be reviewed by the Courts, after considering the position papers of
because such acts are an exercise of the parties ruled in favor of the
executive functions over which the Court complainant.
will not pass judgment nor inquire into
the wisdom of. For further application of Petitioner came to this Court, prompting
the “political question” principle, read the Solicitor General to move for
Sanidad v. Comelec, 73 SCRA 333, and dismissal on the ground of non-
Romulo v. Yniguez, 141 SCRA 263. exhaustion of administrative remedies.
Ordinarily, the decisions of the POEA
But remember that the scope of the should first be appealed to the National
political question doctrine has been Labor Relations Commission, on the
limited by the 2nd paragraph, Sec. 1, Art. theory inter alia that the agency should be
VIII, particularly the portion which vests given an opportunity to correct the errors,
in the judiciary the power “to determine if any, of its subordinates. This case comes
whether or not there has been a grave under one of the exceptions, however, as
abuse of discretion amounting to lack or the questions the petitioner is raising are
excess of jurisdiction on the part of any essentially questions of law.
branch or instrumentality of the
Government”. Moreover, the private respondent himself
has not objected to the petitioner's direct
resort to this Court, observing that the
usual procedure would delay the
disposition of the case to her prejudice.
EASTERN SHIPPING LINES,
INC. VS. POEA ISSUE: Whether or not there had been a
G.R. NO. 76633, OCTOBER 18, 1988 valid delegation of power.
CRUZ, J.:
HELD:
FACTS: What can be delegated is the discretion to
Vitaliano Saco was Chief Officer of the determine how the law may be enforced,
M/V Eastern Polaris when he was killed not what the law shall be. The
in an accident. His widow sued for ascertainment of the latter subject is a
damages under E.O. 797 and prerogative of the legislature. This
Memorandum Circular No. 2 of the POEA. prerogative cannot be abdicated or
The petitioner, as the vessel owner, surrendered by the legislature to the
argued that the complaint was cognizable delegate.
not by the POEA but by the Social Security
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There are two accepted tests to determine with the myriad problems demanding its
whether or not there is a valid delegation attention. The growth of society has
of legislative power, viz, the completeness ramified its activities and created peculiar
test and the sufficient standard test. and sophisticated problems that the
Under the first test, the law must be legislature cannot be expected reasonably
complete in all its terms and conditions to comprehend. Specialization even in
when it leaves the legislature such that legislation has become necessary. To
when it reaches the delegate the only many of the problems attendant upon
thing he will have to do is enforce it. present-day undertakings, the legislature
Under the sufficient standard test, there may not have the competence to provide
must be adequate guidelines or stations in the required direct and efficacious, not to
the law to map out the boundaries of the say, specific solutions. These solutions
delegate's authority and prevent the may, however, be expected from its
delegation from running riot. Both tests delegates, who are supposed to be experts
are intended to prevent a total in the particular fields assigned to them.
transference of legislative authority to the
delegate, who is not allowed to step into The reasons for the delegation of
the shoes of the legislature and exercise a legislative powers in general are
power essentially legislative. particularly applicable to administrative
bodies. With the proliferation of
The principle of non-delegation of powers specialized activities and their attendant
is applicable to all the three major powers peculiar problems, the national
of the Government but is especially legislature has found it more and more
important in the case of the legislative necessary to entrust to administrative
power because of the many instances agencies the authority to issue rules to
when its delegation is permitted. The carry out the general provisions of the
occasions are rare when executive or statute. This is called the "power of
judicial powers have to be delegated by subordinate legislation."
the authorities to which they legally
certain. In the case of the legislative With this power, administrative bodies
power, however, such occasions have may implement the broad policies laid
become more and more frequent, if not down in a statute by "filling in' the details
necessary. This had led to the observation which the Congress may not have the
that the delegation of legislative power opportunity or competence to provide.
has become the rule and its non- This is effected by their promulgation of
delegation the exception. what are known as supplementary
regulations, such as the implementing
The reason is the increasing complexity of rules issued by the Department of Labor
the task of government and the growing on the new Labor Code. These regulations
inability of the legislature to cope directly have the force and effect of law.
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Memorandum Circular No. 2 is one such corresponding oath of office therefore",

administrative regulation. The model said respondents had "acted absolutely
contract prescribed thereby has been without color of appointment or authority
applied in a significant number of the and are unlawfully, and in violation of the
cases without challenge by the employer. Constitution, usurping, intruding into and
The power of the POEA (and before it the exercising the powers of members of the
National Seamen Board) in requiring the Senate Electoral Tribunal."
model contract is not unlimited as there is
a sufficient standard guiding the delegate Respondents assail the court’s
in the exercise of the said authority. That jurisdiction to entertain the petition, upon
standard is discoverable in the executive the ground that the power to choose six
order itself which, in creating the (6) Senators as members of the Senate
Philippine Overseas Employment Electoral Tribunal has been expressly
Administration, mandated it to protect conferred by the Constitution upon the
the rights of overseas Filipino workers to Senate, despite the fact that the draft
"fair and equitable employment submitted to the constitutional
practices." convention gave to the respective political
parties the right to elect their respective
representatives in the Electoral
Commission provided for in the original
Constitution of the Philippines, and that
TAÑADA VS. CUENCO the only remedy available to petitioners
G.R. NO. L-10520, FEBRUARY 28, 1957 herein "is not in the judicial forum", but
CONCEPCION, J.: "to bring the matter to the bar of public
opinion."
FACTS:
Petitioners Lorenzo M. Tañada and ISSUE: Whether or not the case at bar
Diosdado Macapagal sought to oust raises merely a political question.
respondent senators from the Senate
Electoral Tribunal. Petitioners allege that HELD:
the that the Committee on Rules for the Willoughby lucidly states: "Elsewhere in
Senate, in nominating Senators Cuenco this treatise the well-known and well-
and Delgado, and the Senate, in choosing established principle is considered that it
these respondents, as members of the is not within the province of the courts to
Senate Electoral Tribunal, had "acted pass judgment upon the policy of
absolutely without power or color of legislative or executive action. Where,
authority and in clear violation .. of Article therefore, discretionary powers are
VI, Section 11 of the Constitution"; that "in granted by the Constitution or by statute,
assuming membership in the Senate the manner in which those powers are
Electoral Tribunal, by taking the exercised is not subject to judicial review.
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The courts, therefore, concern themselves by the people in their sovereign capacity,
only with the question as to the existence or in regard to which full discretionary
and extent of these discretionary powers. authority has been delegated to the
legislative or executive branch of the
"As distinguished from the judicial, the government."
legislative and executive departments are
spoken of as the political departments of Thus, it has been repeatedly held that the
government because in very many cases question whether certain amendments to
their action is necessarily dictated by the Constitution are invalid for non-
considerations of public or political policy. compliance with the procedure therein
These considerations of public or political prescribed, is not a political one and may
policy of course will not permit the be settled by the Courts. The term
legislature to violate constitutional "political question" connotes, in legal
provisions, or the executive to exercise parlance, what it means in ordinary
authority not granted him by the parlance, namely, a question of policy. In
Constitution or by, statute, but, within other words, in the language of Corpus
these limits, they do permit the Juris Secundum (supra), it refers to "those
departments, separately or together, to questions which, under the Constitution,
recognize that a certain set of facts exists are to be decided by the people in their
or that a given status exists, and these sovereign capacity, or in regard to which
determinations, together with the full discretionary authority has been
consequences that flow therefrom, may delegated to the Legislature or executive
not be traversed in the courts." branch of the Government." It is
(Willoughby on the Constitution of the concerned with issues dependent upon
United States, Vol. 3, p. 1326; emphasis the wisdom, not legality, of a particular
supplied.). To the same effect is the measure.
language used in Corpus Juris Secundum,
from which we quote:. "It is well-settled Such is not the nature of the question for
doctrine that political questions are not determination in the present case. Here,
within the province of the judiciary, the court is called upon to decide whether
except to the extent that power to deal the election of Senators Cuenco and
with such questions has been conferred Delgado, by the Senate, as members of the
upon the courts by express constitutional Senate Electoral Tribunal, upon
or statutory provisions. "It is not easy, nomination by Senator Primicias-a
however, to define the phrase `political member and spokesman of the party
question', nor to determine what matters, having the largest number of votes in the
fall within its scope. It is frequently used Senate-on behalf of its Committee on
to designate all questions that lie outside Rules, contravenes the constitutional
the scope of the judicial questions, which mandate that said members of the Senate
under the constitution, are to be decided Electoral Tribunal shall be chosen "upon
Page | 13
MENDIOLA, MANILA
nomination .. of the party having the to supervise and regulate media during
second largest number of votes" in the election or plebiscite period and can
Senate, and hence, is null and void. This is express his news through the Comelec
not a political question. The Senate is not space & airtime.
clothed with "full discretionary authority"
in the choice of members of the Senate ISSUE: Whether or not Comelec is granted
Electoral Tribunal. The exercise of its the power to regulate mass media during
power thereon is subject to constitutional election or plebiscite period under Article
limitations which are claimed to be 9C of the 19987 Constitution.
mandatory in nature. It is clearly within
the legitimate prove of the judicial HELD:
department to pass upon the validity the It is given that what was granted to
proceedings in connection therewith. Comelec was the power to supervise and
regulate the use and enjoyment of
franchises, permits, or other grants issued
for the operation of transportation or
other public utilities, media
SANIDAD V. COMELEC communication or information to the end
G.R. NO. L-44640. OCTOBER 12, 1976 that equal opportunity, time and space,
and the right to reply, including
FACTS: reasonable, equal rates therefore, for
Pablito Sanidad, a newspaper columnist public information campaign and forums
of “Overview,” a weekly newspaper among candidates are ensured. The evil
circulating in Baguio and the Cordilleras, sought to be prevented is the possibility
assailed the Constitutionality of Sec 19 of that a franchise holder may favor or give
the Comelec Resolution 2167 which any undue advantage to a candidate.
provides that during the plebiscite
campaign period, on the day before and Neither the Constitution nor RA 6646 can
on plebiscite day, no mass media be construed to mean that the Comelec
columnist, commentator, announcer or has also been granted the right to
personality shall use his column or radio supervise and regulate the exercise by
or television time to campaign for or media practitioners themselves of their
against the plebiscite issue. Petitioner right to expression during plebiscite
contends that it violates the freedom of periods. Media practitioners exercising
expression and of the press. Hence, their freedom of expression during
constitutes as a prior restraint in his plebiscite periods are neither the
constitutional right. Solicitor General franchise holders nor the candidates. In
contends that it does not violate the fact, there are no candidates involved in a
Constitution for it is a valid plebiscite. Comelec Resolution No 2167
implementation of the power of Comelec has no statutory basis.
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MENDIOLA, MANILA
DAZA VS. SINGSON

180 SCRA 496, 1989
FACTS:
Petitioner was a member of the
Commission on Appointments
representing the Liberal Party. With the
organization of the LDP (Laban ng
Demokratikong Pilipino), some
congressional members belonging to the
Liberal Party resigned from said party to
join the LDP. When the Commission on
Appointments were reorganized,
petitioner was replaced by an LDP
representative.
Petitioner contends that the organization

of the LDP cannot affect the composition
of the Commission on Appointments
because LDP is not a registered party and
has not yet shown the stability of a party.
ISSUE: Does the situation present a
“political question”?
HELD:The question is justiciable. The

issue is one of legality not of wisdom. The
ascertainment of the manner of forming
the Commission on Appointments is
distinct from the discretion of the parties
to designate there representatives. And
even if the question were political in
nature, it would still come under the
expanded power of review in Article VIII,
Section 1.

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MENDIOLA, MANILA
In Lim v. Pacquing, 240 SCRA 649,

the Court clarified that “since ADC
DELEGATION OF POWERS has no franchise from Congress to
operate jai-alai, it cannot, even if it
has a license or permit from the
City Mayor, operate jaialai in the
City of Manila”. By the same token,
What is the rule on delegation of
SAGE has to obtain a separate
powers?
legislative franchise, and not “ride
Generally, “Potestas delegata non potest on” PAGCOR’s franchise if it were
delegare”, delegated power constitutes to legally operate on-line Internet
not only a right but a duty to be gambling [Jaworski v. PAGCOR,
performed by the delegate through the G.R. No. 144463, January 14,
instrumentality of his own judgment and 2004],
not through the intervening mind of
another. What has been delegated cannot
be further delegated.
Rule: “Potestas delegata non potest What are the different kinds of
permissible delegations as an
delegare”, based on the ethical principle
exception to the general rule?
that delegated power constitutes not only
a right but a duty to be performed by the 1. tariff powers of the president
delegate through the instrumentality of 2. emergency powers to the
his own judgment and not through the president
intervening mind of another. 3. delegation to the people
4. delegation to the local government
ia) While PAGCOR is allowed units
under its charter to enter into 5. delegation to the people at large
operator’s and/or management 6. Delegation to the administrative
contracts, it is not allowed to agencies
relinquish or share its franchise,
much less grant a veritable
franchise to another entity such as I. TARIFF POWERS OF THE PRESIDENT
SAGE. PAGCOR cannot delegate its
power, inasmuch as there is SEC. 28(2), ART. VI, The Congress may, by law,
authorize the President to fix within specified
nothing in the charter to show that
limits, and subject to such limitations and
it has been expressly authorized to
restrictions as it may impose, tariff rates, import
do so.
and export quotas, tonnage and wharfage dues,
and other duties or imposts within the

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MENDIOLA, MANILA
framework of the national development ISSUE: Whether or not EO 475 and 478 are
program of the Government. constitutional.
HELD: Under Section 24, Article VI of the
Constitution, the enactment of appropriation,
revenue and tariff bills, like all other bills is, of
course, within the province of the Legislative
GARCIA V. EXECUTIVE SECRETARY re: rather than the Executive Department. It does
tariff powers to the President not follow, however, that therefore Executive
Orders Nos. 475 and 478, assuming they may be
FACTS:
characterized as revenue measures, are
In November 1990, President Corazon Aquino prohibited to be exercised by the President,
issued Executive Order No. 438 which imposed, that they must be enacted instead by the
in addition to any other duties, taxes and Congress of the Philippines.
charges imposed by law on all articles imported
Section 28(2) of Article VI of the Constitution
into the Philippines, an additional duty of 5% ad
provides as follows:
valorem tax. This additional duty was imposed
across the board on all imported articles, The Congress may, by law, authorize the
including crude oil and other oil products President to fix within specified limits, and
imported into the Philippines. In 1991, EO 443 subject to such limitations and restrictions as it
increased the additional duty to 9%. In the same may impose, tariff rates, import and export
year, EO 475 was passed reinstating the quotas, tonnage and wharfage dues, and other
previous 5% duty except that crude oil and duties or imposts within the framework of the
other oil products continued to be taxed at national development program of the
9%. Enrique Garcia, a representative from Government.
Bataan, avers that EO 475 and 478 are
There is thus explicit constitutional permission
unconstitutional for they violate Section 24 of
to Congress to authorize the President “subject
Article VI of the Constitution which provides:
to such limitations and restrictions as
Sec. 24: All appropriation, revenue or tariff [Congress] may impose” to fix “within specific
bills, bills authorizing increase of the public limits” “tariff rates . . . and other duties or
debt, bills of local application, and private bills imposts . . . .” In this case, it is the Tariff and
shall originate exclusively in the House of Customs Code which authorized the President
Representatives, but the Senate may propose to issue the said EOs.
or concur with amendments.
The Tariff and Customs Code grants
He contends that since the Constitution vests such stand-by powers to the President.
the authority to enact revenue bills in Congress, In Garcia v. Executive Secretary, 211
the President may not assume such power by SCRA 219, the Supreme Court upheld the
issuing Executive Orders Nos. 475 and 478 constitutionality of Executive Orders Nos.
which are in the nature of revenue-generating 475 and 478, which levied a special duty
measures. of P0.95 per liter on imported crude oil,
and P1.00 per liter on imported oil

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MENDIOLA, MANILA
products, as a valid exercise of delegated In his power to declare a state of

legislative authority under the Tariff and emergency, no legitimate constitutional
Customs Code. In Philippine Interisland objection can be raised. Whereas in his
Shipping Association v. Court of Appeals, power to exercise emergency powers,
G.R. No. 100481, January 22, 1997, it manifold constitutional issues arise.
was held that the fixing of rates is
essentially a legislative power. When the In the first, it does not require a
same is delegated to the President, he delegation from the Congress. It is
may exercise it directly, e.g., issuance of required in the second.
the questioned Executive Order 1088,
without thereby withdrawing an earlier
delegation made to the Philippine Ports NOTE: In the case of ABAKADA VS
Authority (PPA). But when the President ERMITA, what was delegated to the
directly exercises the delegated authority, president is the determination of the
the PPA may not revise the rates fixed by existence of the conditions fixed by law.
the former.
WHAT IS TARIFF POWER?

- In tariff powers, there must be a
law, within the framework of the ARANETA V. DINGLASAN
national development program
(Section 28 (2), Article VI) FACTS:
Antonio Araneta is being charged for
allegedly violating of Executive Order 62 which
regulates rentals for houses and lots for
residential buildings. Judge Rafael Dinglasan
II. EMERGENCY POWERS TO THE PRESIDENT was the judge hearing the case. Araneta
appealed seeking to prohibit Dinglasan and the
SEC. 23(2), ART. VI, “In times of war or other
Fiscal from proceeding with the case. He
national emergency, the Congress may by law,
authorize the President, for a limited period averred that EO 62 was issued by virtue of
and subject to such restrictions as it may Commonwealth Act (CA) No. 671 which he
prescribe, to exercise powers necessary and claimed ceased to exist, hence, the EO has no
legal basis.
proper to carry out a declared national policy.
Unless sooner withdrawn by resolution of the Three other cases were consolidated with this
Congress, such powers shall cease upon the one. L-3055 which is an appeal by Leon Ma.
next adjournment thereof.” Guerrero, a shoe exporter, against EO 192
which controls exports in the Philippines; he is
What are the distinctions between the
seeking to have permit issued to him.
President’s authorities?

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MENDIOLA, MANILA
L-3054 is filed by Eulogio Rodriguez to prohibit ABDICATION VS DELEGATION. WHAT

the treasury from disbursing funds [from ’49- IS THE TEST?
‘50] pursuant to EO 225. - The assigned power may be
L-3056 filed by Antonio Barredo is attacking EO withdrawn by the principal
226 which was appropriating funds to hold the without the consent of the agent to
national elections. the delegation
They all aver that CA 671, otherwise known as
AN ACT DECLARING A STATE OF TOTAL
Delegated Tariff Powers May Be Delegated
EMERGENCY AS A RESULT OF WAR INVOLVING
to the President for Revenue Raising
THE PHILIPPINES AND AUTHORIZING THE Purposes
PRESIDENT TO PROMULGATE RULES AND Petitioner's singular theory collides with a
REGULATIONS TO MEET SUCH EMERGENCY or very practical fact of which this Court may
simply the Emergency Powers Act, is already take judicial notice — that the Bureau of
inoperative and that all EOs issued pursuant to Customs which administers the Tariff and
said CA had likewise ceased. Customs Code, is one of the two (2) principal
ISSUE: Whether or not CA 671 has ceased. traditional generators or producers of
governmental revenue, the other being the
HELD: Yes. CA 671, which granted emergency Bureau of Internal Revenue. (There is a third
powers to the president, became inoperative ex agency, non-traditional in character, that
proprio vigore when Congress met in regular generates lower but still comparable levels of
session on May 25, 1946, and that Executive revenue for the government — The Philippine
Orders Nos. 62, 192, 225 and 226 were issued Amusement and Games Corporation
without authority of law. In setting the first [PAGCOR].)
regular session of Congress instead of the first
special session which preceded it as the point of
expiration of the Act, the SC is giving effect to In the third place, customs duties which are
the purpose and intention of the National assessed at the prescribed tariff rates are
Assembly. In a special session, the Congress very much like taxes which are frequently
may “consider general legislation or only such imposed for both revenue-raising and for
subjects as he (President) may designate.” Such regulatory purposes. Thus, it has been held
that "customs duties" is "the name given to
acts were to be good only up to the
taxes on the importation and exportation of
corresponding dates of adjournment of the
commodities, the tariff or tax assessed upon
following sessions of the Legislature, “unless
merchandise imported from, or exported to, a
sooner amended or repealed by the National foreign country." The levying of customs
Assembly.” Even if war continues to rage on, duties on imported goods may have in some
new legislation must be made and approved in measure the effect of protecting local
order to continue the EPAs, otherwise it is lifted industries — where such local industries
upon reconvening or upon early repeal. actually exist and are producing comparable
goods. Simultaneously, however, the very
same customs duties inevitably have the
effect of producing governmental revenues.

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MENDIOLA, MANILA
Customs duties like internal revenue taxes may not abdicate its powers. Yet how, in view
are rarely, if ever, designed to achieve one of the scope that legislative delegations take
policy objective only. [Garcia vs. Executive nowadays, is the line between delegation and
Secretary, G.R. No. 101273, July 3, 1992]
abdication to be maintained? Only, I urge, by
rendering the delegatedpowers recoverable
without the consent of the delegate; . . ."
Limitations of the Emergency Powers of the [Araneta vs. Dinglasan, G.R. No. L-2044,
President
August 26, 1949]
It is to be presumed that Commonwealth Act
No. 671 was approved with this limitation in Under the 1935 Constitution, Delegated
view. The opposite theory would make the
Emergency Powers Cease When the Congress
law repugnant to the Constitution, and is
Meets in Regular Session . More anomalous
contrary to the principle that the legislature is
than the exercise of legislative functions by
deemed to have full knowledge of the
the Executive when Congress is in the
constitutional scope of its powers. The
unobstructed exercise of its authority is the
assertion that new legislation is needed to
fact that there would be two legislative bodies
repeal the act would not be in harmony with
operating over the same field, legislating
the Constitution either. If a new and different
concurrently and simultaneously, mutually
law were necessary to terminate the
nullifying each other's actions. Even if the
delegation, the period for the delegation, it
emergency powers of the President, as
has been correctly pointed out, would be
suggested, be suspended while Congress was
unlimited, indefinite, negative and uncertain;
in session and be revived after each
"that which was intended to meet a
adjournment, the anomaly would not be
temporary emergency may become
eliminated. Congress by a two-third vote
permanent law," (Peck vs. Fink, 2 Fed. [2d],
could repeal executive orders promulgated by
912); for Congress might not enact the repeal,
the President during congressional recess,
and even if it would, the repeal might not
and the President in turn could treat in the
meet with the approval of the President, and
same manner, between sessions of Congress,
the Congress might not be able to override
laws enacted by the latter.
the veto. Furthermore, this would create the
anomaly that, while Congress might delegate
its powers by simple majority, it might not be It is our considered opinion, and we so hold,
able to recall them except by a two-third vote. that Commonwealth Act No. 671 became
In other words, it would be easier for inoperative when Congress met in regular
Congress to delegate its powers than to take session on May 25, 1946, and that Executive
them back. This is not right and is not, and Orders Nos. 62, 192, 225 and 226 were issued
ought not to be, the law. Corwin, President: without authority of law. In setting the first
Office and Powers, 1948 ed., p. 160, says: regular session of Congress instead of the first
special session which preceded it as the point
of expiration of the Act, we think we are
"It is generally agreed that the maxim that the giving effect to the purpose and intention of
legislature may not delegate its powers the National Assembly. In a special session,
the Congress may "consider general
signifies at the very least that the legislature
Page | 20
MENDIOLA, MANILA
legislation or only such subjects as he under reasonable terms prescribed by it,

(President) may designate." (Section 9, Article temporarily take over or direct the
VI of the Constitution.) In a regular session, operation of any privately owned public
the power of Congress to legislate is not utility or business affected with public
circumscribed except by the limitations
interest”, “the State” refers to Congress,
imposed by the organic law. [Araneta vs.
not the President. Whether the President
Dinglasan, G.R. No. L-2044, August 26,
1949] may exercise such power is dependent on
whether Congress delegates it to the
former pursuant to a law prescribing the
reasonable terms thereof [David v.
NACHURA: Macapagal-Arroyo, supra.].
An example of this is R.A. 6826, approved
on December 20,1989. The President
issued National Emergency Memorandum IN EMERGENCY POWERS OF THE
Orders (NEMOs) in the exercise of PRESIDENT, IS THE DECLARATION OF
delegated legislative powers. See: STATE OF WAR REQUIRED?
Araneta v. Dinglasan, 84 Phil 368; - Yes. But if there is an emergency,
Rodriguez v. Gella, 92 Phil 603. there is no need to declare a state
of emergency.
A distinction has to be made between the
President’s authority to declare a “state of IN NATIONAL EMERGENCY, IS IT
emergency” and to exercise emergency REQUIRED THAT THE EFFECTS OF THE
powers. To the first, since Sec. 18, Art. VII, EMERGENCY ARE FELT BY THE ENTIRE
grants the President such power, no COUNTRY?
legitimate constitutional objection can be - Yes. Even if localized. (like Yolanda
raised. To the second, manifold typhoon)
constitutional issues arise. The exercise of
emergency powers, such as the taking DOES EMERGENCY POWERS CEASE
over of privately-owned public utilities or UPON THE END OF EMERGENCY?
businesses affected with public interest, - No. As long as within the period
requires a delegation from Congress. Sec. provided.
17, Art. XII, must be understood as an
aspect of the emergency powers clause.
The taking over of private businesses Withdrawal of Emergency Powers Does
Require a Law
affected with public interest is just
Although House Bill No. 727, had been vetoed
another facet of the emergency powers by the President and did not thereby become
generally reposed in Congress. Thus, a regular statute, it may at least be considered
when Sec. 17, Art. XII, provides that “the as a concurrent resolution of the Congress
State may, during the emergency and formally declaring the termination of the

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MENDIOLA, MANILA
emergency powers. To contend that the Bill due to the Korean War and his perception that
needed presidential acquiescence to produce war is still subsisting as a fact. Note also that CA
effect, would lead to the anomalous, if not 671 was already declared inoperative by the
absurd, situation that, "while Congress might Supreme Court in the same case of Araneta vs
delegate its powers by a simple majority, it Dinglasan.
might not be able to recall them except by
two-third vote. In other words, it would be ISSUE: Whether or not the EOs are valid.
easier for Congress to delegate its powers HELD: No. As similarly decided in
than to take them back. This is not right and is the Araneta case, the EO’s issued in pursuant to
not, and ought not to be the law." CA 671 shall be rendered ineffective. The
president did not invoke any actual
emergencies or calamities emanating from the
Act No. 671 may be likened to an ordinary last world war for which CA 671 has been
contract of agency, whereby the consent of intended. Without such invocation, the veto of
the agent is necessary only in the sense that the president cannot be of merit for the
he cannot be compelled to accept the trust, in emergency he feared cannot be attributed to
the same way that the principal cannot be the war contemplated in CA 671. Even if the
forced to keep the relation in eternity or at president vetoed the repealing bill the intent of
the will of the agent. Neither can it be Congress must be given due weight. For it
suggested that the agency created under the would be absurd to contend otherwise. For
Act is coupled with interest. Rodriguez vs. “while Congress might delegate its power by a
Gella [G.R. No. L-6266, February 2, 1953] simple majority, it might not be able to recall
them except by two-third vote”. In other
words, it would be easier for Congress to
delegate its powers than to take them back.
RODRIGUEZ V. GELLA This is not right and is not, and ought not to be
the law.” Act No. 671 may be likened to an
FACTS: Eulogio Rodriguez et al seek to ordinary contract of agency, whereby the
invalidate Executive Orders 545 and 546 issued consent of the agent is necessary only in the
in 1952, the first appropriating the sum of sense that he cannot be compelled to accept
P37,850,500 for urgent and essential public the trust, in the same way that the principal
works, and the second setting aside the sum of cannot be forced to keep the relation in eternity
P11,367,600 for relief in the provinces and cities or at the will of the agent. Neither can it be
visited by typhoons, floods, droughts, suggested that the agency created under the
earthquakes, volcanic action and other Act is coupled with interest.
calamities. They sought to have Vicente Gella,
then National Treasurer, be enjoined from
releasing funds pursuant to said EOs. These EO’s
were pursuant to Commonwealth Act 671. Note III. DELEGATION TO THE PEOPLE. The courts
that prior to Araneta vs Dinglasan, Congress have sustained the delegation of legislative
passed House Bill 727 intending to revoke CA power to the people at large. Under the 1987
671 but the same was vetoed by the President

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MENDIOLA, MANILA
Constitution, there are specific provisions no designated probation officer – hence, a

where the people have reserved to themselves Manila court cannot grant probation.
the function of legislation.
Meanwhile, HSBC also filed its own comment on
the matter alleging that Act 4221 is
IV. DELEGATION TO LOCAL GOVERNMENT unconstitutional for it violates the constitutional
UNITS. Such transfer is not regarded as a guarantee on equal protection of the laws.
transfer of general legislative power, but rather HSBC averred that the said law makes it the
as the grant of the authority to prescribe local prerogative of provinces whether or nor to
regulations, according to immemorial practice, apply the probation law – if a province chooses
subject, of course, to the interposition of the to apply the probation law, then it will appoint a
superior classes in cases of necessity. This probation officer, but if it will not, then no
recognizes the fact that local legislatures are probation officer will be appointed – hence,
more knowledgeable than international that makes it violative of the equal protection
lawmaking body on matters of purely local clause.
concern, and are in a better position to to enact Further, HSBC averred that the Probation Law is
appropriate legislative measures thereon. an undue delegation of power because it gave
the option to the provincial board to whether or
not to apply the probation law – however, the
PEOPLE V. VERA legislature did not provide guidelines to be
followed by the provincial board.
FACTS: In 1934, Mariano Cu Unjieng was
convicted in a criminal case filed against him by Further still, HSBC averred that the Probation
the Hongkong and Shanghai Banking Law is an encroachment of the executive’s
Corporation (HSBC). In 1936, he filed for power to grant pardon. They say that the
probation. The matter was referred to the legislature, by providing for a probation law,
Insular Probation Office which recommended had in effect encroached upon the executive’s
the denial of Cu Unjieng’s petition for probation. power to grant pardon. (Ironically, the
A hearing was set by Judge Jose Vera Prosecution agreed with the issues raised by
concerning the petition for probation. The HSBC – ironic because their main stance was the
Prosecution opposed the petition. Eventually, non-applicability of the probation law only in
due to delays in the hearing, the Prosecution Manila while recognizing its application in
filed a petition for certiorari with the Supreme provinces).
Court alleging that courts like the Court of First For his part, one of the issues raised by Cu
Instance of Manila (which is presided over by Unjieng is that, the Prosecution, representing
Judge Vera) have no jurisdiction to place the State as well as the People of the
accused like Cu Unjieng under probation Philippines, cannot question the validity of a
because under the law (Act No. 4221 or The law, like Act 4221, which the State itself
Probation Law), probation is only meant to be created. Further, Cu Unjieng also castigated the
applied in provinces with probation officers; fiscal of Manila who himself had used the
that the City of Manila is not a province, and Probation Law in the past without question but
that Manila, even if construed as a province, has

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MENDIOLA, MANILA
is now questioning the validity of the said law Encroachment of Executive Power
(estoppel).
Though Act 4221 is unconstitutional, the
Supreme Court recognized the power of
Congress to provide for probation. Probation
ISSUE:
does not encroach upon the President’s power
1. May the State question its own laws? to grant pardon. Probation is not pardon.
2. Is Act 4221 constitutional? Probation is within the power of Congress to fix
penalties while pardon is a power of the
HELD: president to commute penalties.
1. Yes. There is no law which prohibits the State,
or its duly authorized representative, from
questioning the validity of a law. Estoppel will V. DELEGATION TO THE PEOPLE AT LARGE –
also not lie against the State even if it had been The provision for the creation of referendum
using an invalid law. and plebiscite. This is more of a reservation
than a delegation considering the fact that the
2. No, Act 4221 or the [old] Probation Law is people are repositories of all governmental
unconstitutional. powers.
What is the difference between
Violation of the Equal Protection Clause referendum and plebiscite?
The contention of HSBC and the Prosecution is Referendum is the power of the electorate
well taken on this note. There is violation of the to approve or reject a legislation through
equal protection clause. Under Act 4221, an election called for the purpose. It may
provinces were given the option to apply the be a referendum on statutes or
law by simply providing for a probation officer.
referendum on local law. Plebiscite is the
So if a province decides not to install a
electoral process by which an initiative on
probation officer, then the accused within said
the Constitution is approved or rejected
province will be unduly deprived of the
provisions of the Probation Law.
by the people.
Undue Delegation of Legislative Power

There is undue delegation of legislative power. NACHURA
Act 4221 provides that it shall only apply to
provinces where the respective provincial Delegation to the People (Sec. 32, Art. VI;
boards have provided for a probation officer. Sec. 10, Art. X; Sec. 2, Art. XVII; Republic
But nowhere in the law did it state as to what Act 6735). See: People v. Vera, 65 Phil 56,
standard (sufficient standard test) should which was decided under the 1935
provincial boards follow in determining whether Constitution, where the Supreme Court
or not to apply the probation law in their said that courts have sustained the
province. This only creates a roving commission delegation of legislative power to the
which will act arbitrarily according to its whims. people at large. Under the 1987

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MENDIOLA, MANILA
Constitution, there are specific provisions VI. DELEGATION TO ADMINISTRATIVE

where the people have reserved to AGENCIES (Power of subordinate
themselves the function of legislation. legislation)
Referendum vs. Plebiscite. Referendum NACHURA:

is the power of the electorate to approve Delegation to Administrative Bodies
or reject legislation through an election “The power of subordinate legislation.”
called for the purpose. It may be of two In Conference of Maritime Manning
classes, namely: referendum on statutes
Agencies, Inc., v. POEA, 243 SCRA 666,
which refers to a petition to approve or POEA Governing Board Resolution No. 01-
reject an act or law, or part thereof, 94, increasing and adjusting the rates of
passed by Congress; and referendum on compensation and other benefits in the
local law which refers to a petition to Standard Employment Contract for
approve or reject a law, resolution or Seafarers, was held to be a valid exercise
ordinance enacted by regional assemblies
of delegated legislative authority,
and local legislative bodies. Plebiscite is inasmuch as it conforms to the sufficient
the electoral process by which an and valid standard of “fair and equitable
initiative on the Constitution is approved employment practices” prescribed in E.O.
or rejected by the people [Sec. 2 (c) and 797.
(e), Republic Act No. 6735].
In Osmena v. Orbos, supra., it was held
Delegation to local government units that there was no undue delegation of
(See: R.A. 7160). “Such legislation (by legislative power in the authority granted
local governments) is not regarded as a by legislature to the Energy Regulatory
transfer of general legislative power, but Board to impose additional amounts to
rather as the grant of the authority to augment the resources of the Oil Price
prescribe local regulations, according to Stabilization Fund. See also: Tablarin v.
immemorial practice, subject, of course, to Gutierrez, 152 SCRA 730; Eastern
the interposition of the superior in cases Shipping v. POEA, 166 SCRA 533.
of necessity” [Peopje v. Vera, supra.]. This
recognizes the fact that local legislatures But in Kilusang Mayo Uno Labor Center
are more knowledgeable than the v. Garcia, supra., the authority given by
national lawmaking body on matters of
LTFRB to provincial bus operators to set a
purely local concern, and are in a better fare range over and above the existing
position to enact appropriate legislative authorized fare was held to be illegal for
measures thereon. being an undue delegation of power.

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MENDIOLA, MANILA
DELEGATION OF POWER sophisticated problems that the legislature

cannot be expected reasonably to
Reason for Non-Delegation comprehend. Specialization even in
Any attempt to abdicate the power is legislation has become necessary. To many of
unconstitutional and void, on the principle the problems attendant upon present-day
that potestas delegata non delegare potest. undertakings, the legislature may not have
The classic statement of the rule is that of the competence to provide the required
Locke, namely: "The legislative neither must direct and efficacious, not to say, specific
nor can transfer the power of making laws to solutions. These solutions may, however, be
anybody else, or place it anywhere but where expected from its delegates, who are
the people have." This court posits the supposed to be experts in the particular fields
doctrine "on the ethical principle that such a assigned to them.
delegated power constitutes not only a right
but a duty to be performed by the delegate by
the instrumentality of his own judgment The reasons given above for the delegation of
acting immediately upon the matter of legislative powers in general are particularly
legislation and not through the intervening applicable to administrative bodies. With the
mind of another. [People vs. Vera, G.R. No. proliferation of specialized activities and their
45685, November 16, 1937] attendant peculiar problems, the national
The principle of non-delegation of powers is legislature has found it more and more
applicable to all the three major powers of the necessary to entrust to administrative
Government but is especially important in the agencies the authority to issue rules to carry
case of the legislative power because of the out the general provisions of the statute. This
many instances when its delegation is is called the "power of subordinate
permitted. The occasions are rare when legislation." [Eastern Shipping Lines vs.
executive or judicial powers have to be POEA, G.R. No. L-76633, October 18, 1988]
delegated by the authorities to which they
Tests of Valid Delegation of Legislative
legally pertain. In the case of the legislative
Power to Administrative Agencies
power, however, such occasions have become
There are two accepted tests to determine
more and more frequent, if not necessary.
whether or not there is a valid delegation of
This had led to the observation that the
legislative power, viz,, the completeness test
delegation of legislative power has become
and the sufficient standard test. Under the
the rule and its non-delegation the exception.
first test, the law must be complete in all its
[Eastern Shipping Lines vs. POEA, G.R. No. L-
terms and conditions when it leaves the
76633, October 18, 1988]
legislature such that when it reaches the
delegate the only thing he will have to do is
Reason for Permissible Delegation
enforce it Under the sufficient standard test,
The reason is the increasing complexity of the
there must be adequate guidelines or
task of government and the growing inability
limitations in the law to map out the
of the legislature to cope directly with the
boundaries of the delegate's authority and
myriad problems demanding its attention.
prevent the delegation from running riot.
The growth of society has ramified its
Both tests are intended to prevent a total
activities and created peculiar and
transference of legislative authority to the

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MENDIOLA, MANILA
delegate, who is not allowed to step into the not subject to delegation. Nevertheless,
shoes of the legislature and exercise a power POEA assumed jurisdiction and decided
essentially legislative. the case.
With this power, administrative bodies may ISSUE:

Whether or not the Issuance of
implement the broad policies laid down in a
Memorandum Circular No. 2 is a violation
statute by "filling in" the details which the
of non-delegation of powers.
Congress may not have the opportunity or
competence to provide. This is effected by RULING:
their promulgation of what are known as No. SC held that there was a valid
supplementary regulations, such as the delegation of powers.
implementing rules issued by the Department The authority to issue the said regulation
of Labor on the new Labor Code. These is clearly provided in Section 4(a) of
regulations have the force and effect of law. Executive Order No. 797. ... "The
[Eastern Shipping Lines vs. POEA, G.R. No. L- governing Board of the Administration
76633, October 18, 1988] (POEA), as hereunder provided shall
promulgate the necessary rules and
regulations to govern the exercise of the
adjudicatory functions of the
Administration (POEA)."
EASTERN SHIPPING LINES V. POEA
It is true that legislative discretion as to
the substantive contents of the law cannot
FACTS: A Chief Officer of a ship was killed be delegated. What can be delegated is the
in an accident in Japan. The widow filed a discretion to determine how the law may
complaint for charges against the Eastern be enforced, not what the law shall be.
Shipping Lines with POEA, based on a The ascertainment of the latter subject is
Memorandum Circular No. 2, issued by a prerogative of the legislature. This
the POEA which stipulated death benefits prerogative cannot be abdicated or
and burial for the family of overseas surrendered by the legislature to the
workers. ESL questioned the validity of delegate.
the memorandum circular as violative of
the principle of non-delegation of The reasons given above for the
legislative power. It contends that no delegation of legislative powers in general
authority had been given the POEA to are particularly applicable to
promulgate the said regulation; and even administrative bodies. With the
with such authorization, the regulation proliferation of specialized activities and
represents an exercise of legislative their attendant peculiar problems, the
discretion which, under the principle, is national legislature has found it more and
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MENDIOLA, MANILA
more necessary to entrust to EO. He was found guilty as charged and was
administrative agencies the authority to sentenced to 5 months imprisonment plus a
issue rules to carry out the general P500.00 fine. He appealed the sentence
provisions of the statute. This is called the countering that there is an undue delegation of
"power of subordinate legislation." power to the Governor General.
ISSUE: Whether or not there is undue
With this power, administrative bodies delegation to the Governor General.
may implement the broad policies laid
HELD: First of, Ang Tang Ho’s conviction must
down in a statute by "filling in' the details
be reversed because he committed the act prior
which the Congress may not have the to the publication of the EO. Hence, he cannot
opportunity or competence to provide. be ex post facto charged of the crime. Further,
This is effected by their promulgation of one cannot be convicted of a violation of a law
what are known as supplementary or of an order issued pursuant to the law when
regulations, such as the implementing both the law and the order fail to set up an
rules issued by the Department of Labor ascertainable standard of guilt.
on the new Labor Code. These regulations
Anent the issue of undue delegation, the said
have the force and effect of law.
Act wholly fails to provide definitely and clearly
what the standard policy should contain, so that
it could be put in use as a uniform policy
UNITED STATES V. ANG TANG HO required to take the place of all others without
the determination of the insurance
FACTS: commissioner in respect to matters involving
the exercise of a legislative discretion that could
In July 1919, the Philippine Legislature (during
not be delegated, and without which the act
special session) passed and approved Act No.
could not possibly be put in use. The law must
2868 entitled An Act Penalizing the Monopoly be complete in all its terms and provisions when
and Hoarding of Rice, Palay and Corn. The said it leaves the legislative branch of the
act, under extraordinary circumstances, government and nothing must be left to the
authorizes the Governor General (GG) to issue judgment of the electors or other appointee or
the necessary Rules and Regulations in delegate of the legislature, so that, in form and
regulating the distribution of such products.
substance, it is a law in all its details in
Pursuant to this Act, in August 1919, the GG present, but which may be left to take effect in
issued Executive Order No. 53 which was future, if necessary, upon the ascertainment of
published on August 20, 1919. The said EO fixed
any prescribed fact or event.
the price at which rice should be sold. On the
other hand, Ang Tang Ho, a rice dealer, sold a
ganta of rice to Pedro Trinidad at the price of
eighty centavos. The said amount was way
higher than that prescribed by the EO. The sale
was done on the 6th of August 1919. On August
8, 1919, he was charged for violation of the said

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MENDIOLA, MANILA
YNOT V. IAC Issue: Is the E.O. constitutional?
FACTS: Holding: The EO is unconstitutional.

Petition granted.
Petitioner transported 6 carabaos from
The lower courts are not prevented from
Masbate to Iloilo in 1984 and these wer
confiscated by the station commander in examining the constitutionality of a law.
Constitutional grant to the supreme court
Barotac, Iloilo for violating E.O. 626 A
to review.
which prohibits transportation of a
Justice Laurel's said, “courts should not
carabao or carabeef from one province to
follow the path of least resistance by
another. Confiscation will be a result of
this. simply presuming the constitutionality of
a law when it is questioned. On the
The petitioner sued for recovery, and the
contrary, they should probe the issue
Regional Trial Court of Iloilo City issued a
more deeply, to relieve the abscess, and
writ of replevin upon his filing of a
so heal the wound or excise the affliction.”
supersedeas bond of P12,000.00. After
considering the merits of the case, the The challenged measure is denominated
an executive order but it is really
court sustained the confiscation of the
presidential decree, promulgating a new
carabaos and, since they could no longer
be produced, ordered the confiscation of rule instead of merely implementing an
existing law due to the grant of legislative
the bond. The court also declined to rule
authority over the president under
on the constitutionality of the executive
Amendment number 6.
order, as raise by the petitioner, for lack
Provisions of the constitution should be
of authority and also for its presumed
validity. cast in precise language to avoid
controversy. In the due process clause,
The same result was decided in the trial
however, the wording was ambiguous so
court.
In the Supreme Court, he then petitioned it would remain resilient. This was due to
the avoidance of an “iron rule “laying
against the constitutionality of the E.O.
due to the outright confiscation without down a stiff command for all
circumstances. There was flexibility to
giving the owner the right to heard before
allow it to adapt to every situation with
an impartial court as guaranteed by due
process. He also challenged the improper varying degrees at protection for the
changing conditions.
exercise of legislative power by the
Courts have also refrained to adopt a
former president under Amendment 6 of
standard definition for due process lest
the 1973 constitution wherein Marcos
they be confined to its interpretation like
was given emergency powers to issue
letters of instruction that had the force of a straitjacket.
law.

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MENDIOLA, MANILA
There must be requirements of notice immediately. This was a clear

and hearing as a safeguard against encroachment on judicial functions and
arbitrariness. against the separation of powers. The
There are exceptions such as conclusive policeman wasn’t liable for damages since
presumption which bars omission of the law during that time was valid.
contrary evidence as long as such
presumption is based on human
experience or rational connection
between facts proved and fact presumed. The Standards May be Implied
An example is a passport of a person with The standard may be either expressed or
a criminal offense cancelled without implied. If the former, the non-delegation
hearing. objection is easily met. The standard though
does not have to be spelled out specifically. It
The protection of the general welfare is could be implied from the policy and purpose
the particular function of police power of the act considered as a whole. [Tablarin vs.
which both restrains and is restrained by Gutierrez, G.R. No. 78164, July 31, 1987]
due process. This power was invoked in
626-A, in addition to 626 which prohibits
slaughter of carabaos with an exception.
TABLARIN V. GUTIERREZ
While 626-A has the same lawful subject
as the original executive order, it can’t be FACTS:
said that it complies with the existence of
a lawful method. The transport The petitioners sought to enjoin the
prohibition and the purpose sought had a Secretary of Education, Culture and
gap. Summary action may be taken in Sports, the Board of Medical Education
valid admin proceedings as procedural and the Center for Educational
due process is not juridical only due to Measurement from enforcing Section 5
the urgency needed to correct it. (a) and (f) of Republic Act No. 2382, as
amended, and MECS Order No. 52, series
There was no reason why the offense in of 1985, dated 23 August 1985 and from
the E.O. would not have been proved in a requiring the taking and passing of the
court of justice with the accused acquired NMAT as a condition for securing
the rights in the constitution. certificates of eligibility for admission,
from proceeding with
The challenged measure was an invalid accepting applications for taking the
exercise of police power because the NMAT and from administering the NMAT
method to confiscate carabaos was as scheduled on 26 April 1987 and in the
oppressive. Due process was violated future. The trial court denied said petition
because the owner was denied the right on 20 April 1987. The NMAT was
to be heard or his defense and punished conducted and administered as

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MENDIOLA, MANILA
previously scheduled. college may admit any student who has

not been convicted by any court of
Republic Act 2382, as amended by competent jurisdiction of any offense
Republic Acts Nos. 4224 and 5946, known involving moral turpitude and who
as the "Medical Act of 1959" defines its presents (a) a record of completion of a
basic objectives in the following manner: bachelor's degree in science or arts; (b) a
certificate of eligibility for entrance to a
"SECTION 1. Objectives. — This Act medical school from the Board of Medical
provides for and shall govern (a) the Education; (c) a certificate of good moral
standardization and regulation of medical character issued by two former
education; (b) the examination for professors in the college of liberal arts;
registration of physicians; and (c) the and (d) birth certificate. Nothing in this
supervision, control and regulation of the act shall be construed to inhibit any
practice of medicine in the Philippines." college of medicine from establishing, in
addition to the preceding,
The statute, among other things, created a other entrance requirements that may be
Board of Medical Education. Its functions deemed admissible.”
as specified in Section 5 of the statute
include the following: MECS Order No. 52, s. 1985, issued by the
then Minister of Education, Culture and
"(a) To determine and Sports and dated 23 August 1985,
prescribe requirements for admission established a uniform admission
into a recognized college of medicine; test called the National
Medical Admission Test (NMAT) as an
x x x additional requirement for issuance of a
certificate of eligibility for admission into
(f) To accept applications for certification medical schools of the Philippines,
for admission to a medical school and beginning with the school year 1986-
keep a register of those issued said 1987. This Order goes on to state that: "2.
certificate; and to collect from said The NMAT, an aptitude test, is considered
applicants the amount of twenty-five as an instrument toward upgrading the
pesos each which shall accrue to the selection of applicants for admission into
operating fund of the Board of Medical the medical schools and its calculated to
Education;” improve the quality of medical education
in the country. The cutoff score for the
Section 7 prescribes certain successful applicants, based on the scores
minimum requirements for applicants to on the NMAT, shall be determined every
medical schools: year by the Board of Medical Education
after consultation with the Association of
"Admission requirements. — The medical Philippine Medical Colleges. The NMAT
Page | 31
MENDIOLA, MANILA
rating of each applicant, together with the community, on the other hand. This
other admission requirements as question is perhaps most usefully
presently called for under existing rules, approached by recalling that the
shall serve as a basis for the issuance of regulation of the practice of medicine in
the prescribed certificate of eligibility for all its branches has long been recognized
admission into the medical colleges. as a reasonable method of protecting the
health and safety of the public.
Issue: Whether or not Section 5 (a) and MECS Order No. 52, s. 1985 articulates the
(f) of Republic Act No. 2382, as amended, rationale of regulation of this type: the
and MECS Order No. 52, s. 1985 are improvement of the professional and
constitutional. technical quality of the graduates of
medical schools, by upgrading the quality
of those admitted to the student body of
Held: Yes. We conclude that prescribing the medical schools. That upgrading is
the NMAT and requiring certain minimum sought by selectivity in the process of
scores therein as a condition for admission, selectivity consisting, among
admission to medical schools in the other things, of limiting admission to
Philippines, do not constitute an those who exhibit in the required degree
unconstitutional imposition. the aptitude for medical studies and
eventually for medical practice. The need
The police power, it is commonplace to maintain, and the difficulties of
learning, is the pervasive and non- maintaining, high standards in our
waivable power and authority of the professional schools in general, and
sovereign to secure and promote all the medical schools in particular, in the
important interests and needs — in a current stage of our social and economic
word, the public order — of the general development, are widely known. We
community. An important component of believe that the government is entitled to
that public order is the health and prescribe an admission test like the
physical safety and well being of the NMAT as a means for achieving its stated
population, the securing of which no one objective of "upgrading the selection
can deny is a legitimate objective of of applicants into [our] medical schools"
governmental effort and regulation. and of "improv[ing] the quality of medical
Perhaps the only issue that needs some education in the country. We are entitled
consideration is whether there is some to hold that the NMAT is reasonably
reasonable relation between the related to the securing of the ultimate end
prescribing of passing the NMAT as a of legislation and regulation in this area.
condition for admission to medical school That end, it is useful to recall, is the
on the one hand, and the securing of the protection of the public from the
health and safety of the general potentially deadly effects of incompetence
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MENDIOLA, MANILA
and ignorance in those who would PELAEZ V. AUDITOR GENERAL

undertake to treat our bodies and minds
for disease or trauma. FACTS:
In 1964, President Ferdinand Marcos issued
executive orders creating 33 municipalities –
What are the tests for a valid
this was purportedly pursuant to Section 68 of
delegation?
the Revised Administrative Code which provides
Both of the ff. tests must be complied in part:
with: The President may by executive order define
the boundary of any municipality and may
I. COMPLETENESS TEST – the change the seat of the government within any
law must be complete in all its subdivision to such place therein as the public
essential terms and conditions welfare may require
when it leaves the legislature
so that nothing will be left for The then Vice President, Emmanuel Pelaez, as a
taxpayer, filed a special civil action to prohibit
the delegate to do when it
the auditor general from disbursing funds to be
reaches him except to enforce
appropriated for the said municipalities. Pelaez
it. claims that the EOs were unconstitutional. He
II. SUFFICIENT STANDARD TEST said that Section 68 of the RAC had been
– A sufficient standard is impliedly repealed by Section 3 of RA 2370
intended to map out the which provides that barrios may “not be
boundaries of the delegates created or their boundaries altered nor their
authority by defining the names changed” except by Act of Congress.
legislative policy and indicating Pelaez argues: “If the President, under this new
the circumstances under which law, cannot even create a barrio, how can he
it is to be pursued and effected. create a municipality which is composed of
This is intended to prevent several barrios, since barrios are units of
a total transference of municipalities?”
legislative power from the The Auditor General countered that there was
legislature to the delegate the no repeal and that only barrios were barred
standard is usually indicated in from being created by the President.
the law delegating legislative Municipalities are exempt from the bar and that
power. a municipality can be created without creating
barrios. He further maintains that through Sec.
68 of the RAC, Congress has delegated such
power to create municipalities to the President.
ISSUE: Whether or not Congress has delegated
the power to create barrios to the President by
virtue of Sec. 68 of the RAC.

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MENDIOLA, MANILA
HELD: No. There was no delegation eminently legislative in character not

here. Although Congress may delegate to administrative (not executive).
another branch of the government the power to
fill in the details in the execution, enforcement
or administration of a law, it is essential, to In Pelaez v. Auditor General, 15 SCRA
forestall a violation of the principle of 569, Sec. 68 of the Revised
separation of powers, that said law: (a) be Administrative Code (authorizing the
complete in itself — it must set forth therein
President to create municipalities through
the policy to be executed, carried out or
executive orders) was declared
implemented by the delegate — and (b) fix a
unconstitutional for being an undue
standard — the limits of which are sufficiently
determinate or determinable — to which the delegation of legislative power However,
delegate must conform in the performance of in Municipality of San Narciso (Quezon)
his functions. In this case, Sec. 68 lacked any v. Mendez, 239 SCRA 11, E.O 353 creating
such standard. Indeed, without a statutory the Municipal District of San Andres in
declaration of policy, the delegate would, in 1959 was not declared unconstitutional
effect, make or formulate such policy, which is because it was only after almost 30 years
the essence of every law; and, without the that the legality of the executive order
aforementioned standard, there would be no was challenged; throughout its 30 years
means to determine, with reasonable certainty, of existence, the municipal district had
whether the delegate has acted within or exercised the powers and authority of a
beyond the scope of his authority. duly created local government institution,
Further, although Sec. 68 provides the and the State had, at various times,
qualifying clause “as the public welfare may recognized its continued existence.
require” – which would mean that the President
may exercise such power as the public welfare Likewise, the Pelaez ruling was not
may require – is present, still, such will not applied in Municipality of Candihay,
replace the standard needed for a proper Bohol v. Court of Appeals, 251 SCRA 530,
delegation of power. In the first place, what the because the municipality had been in
phrase “as the public welfare may require” existence for 16 years before the Pelaez
qualifies is the text which immediately precedes ruling was promulgated, and various
hence, the proper interpretation is “the governmental acts throughout the years
President may change the seat of government all indicate the State’s recognition and
within any subdivision to such place therein as acknowledgment of the existence of the
the public welfare may require.” Only the seat municipal corporation, In Municipality of
of government may be changed by the Jimenez, Misamis Occidental v. Borja,
President when public welfare so requires and 265 SCRA 182, not only was the
NOT the creation of municipality. Municipality of Sinacaban in existence for
The Supreme Court declared that the power to 16 years before the Pe/aez ruling, but that
create municipalities is essentially and even the State and the Municipality of
Jimenez itself had recognized Sinacaban’s
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MENDIOLA, MANILA
corporate existence (by entering into an See Ynot v. Intermediate

agreement concerning common Appellate Court, supra.; de la
boundaries, and that Sinacaban had Liana v. Alba, 112 SCRA 294;
attained de jure status by virtue of the Demetria v. Alba, 148 SCRA 208;
Ordinance appended to the 1987 Lozano v. Martinez, 146 SCRA
Constitution apportioning legislative 323.
districts throughout the country which
considered Sinacaban as part of the 2nd On the challenge relative to
district of Misamis Occidental. the validity of the provision
of R.A. 6734 which
authorized the President to
NACHURA: “merge”, by administrative
determination, the regions
Tests for valid delegation: Both of the
remaining after the
following tests are to be complied with
establishment of the
[Pelaez v. Auditor General, 15 SCRA 569;
Tatad v. Secretary of Energy, supra.]: Autonomous Region of
Muslim Mindanao, in
Chiongbian v. Orbos, 245
A. Completeness Test. The law must
be complete in all its essential SCRA 253, the Court said
that the legislative standard
terms and conditions when it
need not be expressed, it
leaves the legislature so that there
may simply be gathered or
will be nothing left for the delegate
implied; neither should it
to do when it reaches him except
to enforce it. See U.S. v. Ang Tang always be found in the law
challenged, because it may
Ho, 43 Phil 1.
be found in other statutes
B. Sufficient standard test. A on the same subject. In this
case, the standard was
sufficient standard is intended to
map out the boundaries of the found in R.A. 5435 on the
power of the President to
delegate’s authority by defining
reorganize the Executive
the legislative policy and
indicating the circumstances under Department “to promote
simplicity, economy and to
which it is to be pursued and
enable it to pursue
effected. This is intended to
programs consistent with
prevent a total transference of
national goals for
legislative power from the
legislature to the delegate. The accelerated social and
economic development”.
standard is usually indicated in the
law delegating legislative power.

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MENDIOLA, MANILA
In Tatad v. Secretary, provide the limitations on

Department of Energy, the Energy Regulatory
supra., even as the Commission’s power to
Supreme Court found that formulate the
“R.A. 8180 contained Implementing Rules and
sufficient standards for the Regulations.
delegation of power to the
President to advance the
date of full deregulation (of
the oil industry)”, Executive
Order No. 392 constituted a
misapplication of R.A. 8180,
because the President
rewrote the standards set
forth in the law when he
considered the extraneous
factor of depletion of OPSF
funds.
In Gerochi v. Department
of Energy, G.R. No. 159796,
July 17, 2007, the Court
held that the EPIRA, read
and appreciated in its
entirety, in relation to Sec.
34 thereof, is complete in
all its essential terms and
conditions, and that it
contains sufficient
standards. Provisions of the
EPIRA such as, among
others, “to ensure the total
electrification of the
country and the quality,
reliability, security and
affordability of the supply
of electric power”, and
“watershed rehabilitation
and management” are
sufficient standards, as they
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MENDIOLA, MANILA
ALBA-NOTES justly be pronounced the very definition

of tyranny”. In People vs Vera, it was said
that the theory of separation of powers is
designed by its originators to secure
SEPARATION OF POWERS action and at the same time to forestall
overaction which necessary results from
undue concentration of powers and
thereby obtain efficiency and prevent
Q – What are the three (3)
despotism.
departments of the government
established by the constitution?
Ans – They are the legislative, executive, Q – There are basically three (3)
and judiciary departments of the government. How
do you consider their relation to one
another?
Q: What is the fundamental principle
Ans – They are coordinate, co-equal, and
that underlies these three (3)
co-important. While independent, in the
departments of the government?
sense that each is unable to perform its
Explain.
functions fully and adequately without
Ans – One basic principle that underlies the other, they are nonetheless in many
the three (3) departments of government instances independent of each other. That
us the principle of separation of powers. is to say, one department may not control
It is essential to the operation of this or even interfere with another in the
system that the departments of branches exercise of its particular functions.
of government shall not encroach upon (Province of Tarlac vs Gale 26 PHIL 338)
the powers of each other. It means that
each brance must exercise its powers
without intruding in to the exercise of the Q – Is the principle of separation of
powers of the other branches, for they are powers absolute? Why?
independent, and coordinate.
Ans – No, because there is more truism in
interdependence than in total
independence among the three (3)
Q – What is the basic purpose of the
branches of the government. In Planas vs
principle of separation of powers?
Gil, 67 PHIL 62, it was said that the
Ans – Basically, it is designed to prevent classical separation of governmental
the accumulation of powers in the same powers is a relative theory of government.
hands, which according to Madison, “may There is a more truism and actually in

Page | 37
MENDIOLA, MANILA
interdependence than in independence 1. To prevent encroachment of

and separation of powers. power, thus, preserving the will of
the sovereign expressed in the
constitution.
Q – What is the principle of blending of 2. To restrain impulsive, hasty and
powers? improvident action of one branch,
Ans – It is a situation where there is a except where full discretionary
sharing of two or more departments in authority has been delegated to it
the performance of a given constitutional by the constitution.
task. One department acts in a manner
complementary of supplementary to
another.
Q – Give Instances of the principle of
check and balances in operation.
Q – Give instances of the principle of Ans –

Blending of Powers.
1. In the enactment of bills, the
Ans – President may veto the bills, but
Congress can also override the
1. In the enactment of a law, the
veto;
congress passes the bill, the
2. When a court convicts and accused,
President signs it in to law.
but is pardoned by the president;
2. In the appointment of certain
3. When the senate refuses to ratify a
officers, the President
treaty;
recommends, and the Commission
4. When the courts declare a law or
on Appointments approves the
executive order or treaty
same, and,
unconstitutional.
3. In the treaty-making power of the
President, the senate ratifies it.
Q – How do the courts enforce the

principle of separation of powers?
Q – What are the purposes of check and
balances? Ans – Courts enforce the principle of
separation of powers when they exercise
Ans – The purposes are: the power of judicial review and
prudently refuse to assume jurisdiction

Page | 38
MENDIOLA, MANILA
over cases involving political questions. Q - RA 7354 was passed by congress

(Bondoc vs Pineda et al.,) after it came from the conference
committee. Therefore, it was enrolled
with its certification with the senate
president and the Speaker. It was
Q – What is a political question?
contended that it did not pass the
Ans – It is a question of policy. It refers to regular procedure for the enactment of
those questions which, under the bills. Can the courts inquire beyond
Constitution, are to be decided by the such certification? Why?
people in their sovereign capacity or in
regard to which full discretionary Ans – No, the courts cannot inquire
beyond the certification of approval of a
authority has been delegated to the
bill from the presiding officers of congress,
Legislature or the Executive Branch of the
government. It is concerned with issues otherwise, it would be violating the
principle of separation of powers. (PhilJA
of a particular measure. (Tanada et. Al, vs Prado)
vs Cuenco)
Q – If the issues in the case have

political complexion, what is the extent
Q – May the courts review the act of the
president in reassigning a diplomatic of the power of the courts in reviewing
the acts of the executive officers or the
personnel, like a permanent
legislature? Explain.
representative of the government in
the U.N? Why? Is the rule absolute? Ans – When political questions are
Why? involved, the Constitution limits the
determination to whether or not there
Ans – No, because that personnel is
has been grave abuse of discretion
holding a primarily confidential position
which ends upon loss of confidence. He amounting to lack of jurisdiction or excess
thereof, on the part of the official whose
holds office at the pleasure of the
action is being questioned. If grave abuse
president. The reassignment is merely a
is not established, the court will not
change of post or transfer of location of
substitute its judgment for that of the
work. The court may not review the
reassignment or order the reinstatement official concerned and decide a matter
which by its nature or by law is for the
without violating the system of separation
latter alone to decide. (Marcos vs
of powers. (Santos vs Manglapus)
Manglapus).

Page | 39
MENDIOLA, MANILA
Q – May the courts inquire in to the government. Lacking the judicial power
acts of the Electoral tribunals of given to the judiciary, it cannot inquire in
congress in determining the election, to matters that are exclusively the
returns, and qualifications if the concern of the judiciary. (Bengzon vs
members of congress? Why? Senate Blue Ribbon Committee)
Ans – No, because the grant of power to

the Electoral Tribunals to determine the
election, returns, and qualifications of the Q – Do courts have the power to
members of Congress is exclusive. For the inquire in to allegations that, in
courts to interfere with the same would enacting a law, a House of Congress
be violative of the principle of separation failed to comply with its own rules?
of powers. The grant excludes the Ans – As a rule, No. Jurisprudence has
exercise of any authority on the part of denied to the courts the power to inquire
the courts that would restrict, curtail or into allegations that, in enacting a law, a
even affect the same. (Co vs HRET) House of Congress failed to comply with
The rule is not absolute because if there is its own rules, in the absence of showing
grave abuse of discretion amounting to that there was a violation of
lack or excess of jurisdiction, the court constitutional provision or the right of
may take cognizance of such an issue as private individuals. Courts have declared
an exception to the rule. that the rules adopted by deliberative
bodies are subject to revocation,
modification, or waiver at the pleasure of
the body adopting them. And it has been
Q – May the Senate Blue Ribbon said that parliamentary rules are merely
Committee conduct an investigation on procedural, and with their observance,
a matter already pending before the the courts have no concern. They may be
Sandiganbayan? waived or disregarded by the legislative
Ans – No, otherwise it would be an body. Consequently, the mere failure to
conform the parliamentary usage will not
encroachment in to the exclusive domain
of judicial jurisdiction that had earlier set invalidate the action (taken by a
deliberative body) when the requisite
in. It has been said that “broad as it is, the
number of members have agreed to a
power of Congress to investigate is not,
however, without limitations.” Since particular measure. (Osmena vs
Pendatun)
Congress may only investigate in to those
areas in which it may potentially legislate It is a well-settled rule that each of the
or appropriate, it cannot inquire in to three (3) departments of the government
matters which are within the exclusive has its separate sphere which the others
province of the other branches of the will not invade without upsetting the

Page | 40
MENDIOLA, MANILA
delicate balance on which our allow others for whatever reasons it may
constitutional order rest. Due regard for consider sufficient. In making such
the working of our system of government, choices, Congress has consulted its own
more than more comity, compels wisdom which the SC has no authority to
reluctance on the part of the courts to review, much less reverse. Questions
enter upon an inquiry in to an alleged regarding wisdom, morality, or
violation of the rules of the house. Courts practicability of statutes are not
must accordingly decline the invitation to addressed to the judiciary but may be
exercise their power. (Arroyo vs De resolved only by the legislative and the
Venecia) executive departments. The Function is
Exclusive.
Q – Is there a need to provide for the

principle of separation of powers in Q – May the RTC or any Court prohibit
the Constitution? Why? a committee of the Senate like the Blue
Ribbon Committee from requiring a
Ans – No, because the principle of person to appear before it when it is
separation of powers is a fundamental conducting investigation in aid of
principle in our system of government. It legislation? Explain.
obtains not through express provision but
by actual decision in our constitution. Ans – No, because that would be violative
Each department of government has of the principles of separation of powers.
exclusive cognizance of matters within its The principle essentially means that the
jurisdiction, and is supreme within its legislation belongs to Congress, Execution
own sphere. (Bengzon vs. Senate Blue to the Executive and settlement of legal
Ribbon Committee) controversies to the judiciary. Each is
prevented from invading the domain of
the others. When the committee served
Q- Is the Morality of Gambling, a subpoena to the witness to appear and
testify before it in connection with its
justiciable issue? Why?
investigation of alleged misuse and
Ans – No. In Magtajas vs Pryce mismanagement of the AFP-RSBS funds, it
Properties Corp., it has been ruled that did so pursuant to its authority to conduct
the morality of gambling is not a inquiries in aid of legislation. The courts
justiciable question. Gambling is not have no authority to prohibit the
illegal per se. It is left to congress to deal committee. (Senate Blue Ribbon
with the activity as it sees fit. In the Committee vs Hon Jose Majaducon)
exercise of such discretion, the legislature
may prohibit gambling altogether and

Page | 41
MENDIOLA, MANILA
1. When the constitution expressly

permits it;
DELEGATION OF POWERS 2. Delegation of powers to local
governments;
3. Delegation of powers to fil in
Q - What is the ethical basis of the details;
principle of non-delegation of powers?
4. Delegation of powers to ascertain
Ans – The basis is the principle of facts, contingencies, or events
potestas delegate non potest delegare. upon which the applicability of the
It means that a delegated power law is made to depend;
constitutes not only a right but a duty to 5. Delegation of powers to
be performed by the delegate by the
administrative agencies provided
instrumentality of his own judgment and
not through the intervening mind of certain standards are set;
another (US vs Barrias) 6. Delegation of powers to the people
at large;
7. Delegation of powers to the
Q – Is the doctrine of Non-delegation of president in the field of foreign or
powers applicable to all the three (3) international relations.
departments of the government?
Ans – Yes, but the doctrine is applicable

with greater and persistent force or Q – Give specific examples of a
application against the delegation of situation where the constitution
legislative power. Congress may not expressly allows delegation of powers.
escape its duties and responsibilities by
Ans – Such examples are found in the
delegating its powers to any other body
following provisions, thus:
or authority. Any attempt to abdicate the
legislative power is unconstitutional and 1. In times of war or other national
void. emergencies, the Congress may, by
law authorize the president, for a
limited period, and subject to such
Q – Is the principle of non-delegation of restrictions, as it may prescribe, to
powers, absolute? Why?
promulgate rules and regulations
Ans – No because there are exceptions to carry out a declared national
making it not rigid or inflexible. The policy. Section 23, par 2 Article VI,
following are the exceptions. 1987 Phil Conti.

Page | 42
MENDIOLA, MANILA
2. Congress, may by law authorize the laws (Pangasinan Trans Co vs PSC), it

the President, subject to such was found out that neither the legislative
limitations and restrictions as it departments nor the courts were
equipped to administer them. The
may impose, to fix, within specified
Legislature is not always in session. Its
limits, tariff rates, import or export members can agree only on general
quotas, and tonnage and wharfage policies but not matters of detail. The
dues. Section 28, par 2, Article 6 legislature has no time and competence to
1987 Phil Consti. possibly foresee every contingency
involved in a particular problem it is
seeking to control.
Q – What is the reason for a valid
delegation of powers to local
governments? Q – What is the example of delegation
of powers to the people at large?
Ans – Local affairs shall be managed by
local authorities and general affairs by the Ans – Under the constitution, the people
central authority. People vs Vera have reserved in themselves the power to
approce proposed amendments to, or
revision od the constitution by way of
referendum or plebiscite. Sec 4 Art XXVII
Q – May Congress p[ass a law leaving 1987 Phil Consti
the filling of details to an
administrative agency? Why?
Ans – Yes, because the administrative Q- What is the basis of the validity of
agencies may have more expertise in the the law?
filling up of details to implement the law,
the validity of the law depends upon the Ans – It is based on the principle that
existence of certain standards. sovereignty resides in the people. Sec 1
Art II 1987 Phil Consti
Q – What is the justification for the

validity of a law that delegates powers Q – What are the tests in determining
to administrative agencies? whether delegation of powers is valid
or not?
Ans – It has been said that with the
modern life, the multiplication of the Ans – There are two tests: (1) the
subjects of government regulation, and completeness or incompleteness test; and
the increased difficulty of administering

Page | 43
MENDIOLA, MANILA
(2) the absence or insufficiency of Q – Give examples of standards making

standard test. valid delegation of powers.
ANS –
Q – What is meant by the completeness 1. The promotion of simplicity,

test? economy, and efficiency in
reorganization.
Ans – It means that when the law leaves
the legislature, it must be complete, that 2. The convenience and welfare of
the administrative officer implementing it the public, particularly the
must not be given the power to determine motorists and passengers.
what the law is. Nothing must be left to 3. Public welfare.
the judgment of the electors, other 4. When necessary in the interest of
appointee, or delegate of a legislature. A
law and order.
statute is complete when it declares what
is to be done, who is to do it, and defines 5. Public interest.
the scope of his authority. 6. Justice, equity, and substantial
merits of the case.
Q – What is a standard?
Ans – A Standard is a criterion laid down

by the legislative department by which
the policy and purpose of the law may be
carried out. It defines the legislative
policy, marks its limits and maps out its
boundaries. It indicates the circumstances
under which the legislative command is to
be effected.
Q – What is the purpose of the

standard?
Ans – It is designed to map out the

boundaries of the delegates’ authority and
thus prevent the delegation from running
out.

Page | 44

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SAN BEDA COLLEGE OF LAW 2017

nothing less." [In re: Manzano, A.M. No. 88-7-

In La Bugal-B’Laan Tribal Association v.

In the absence of any administrative Considering that membership of Judge

COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM

they are trustees of an orderly society. Even assigned to it by the Constitution to

The Constitution is a definition of the powers

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The separation of powers is a returns and qualifications of the members

COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM

reason of which — (principally) Section 9

continue assuming jurisdiction over the to rectify mistakes or excesses committed

Memorandum Circular No. 2 is one such corresponding oath of office therefore",

DAZA VS. SINGSON

Petitioner contends that the organization

HELD:The question is justiciable. The

COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM

In Lim v. Pacquing, 240 SCRA 649,

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COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM

products, as a valid exercise of delegated In his power to declare a state of

WHAT IS TARIFF POWER?

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L-3054 is filed by Eulogio Rodriguez to prohibit ABDICATION VS DELEGATION. WHAT

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legislation or only such subjects as he under reasonable terms prescribed by it,

COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM

COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM

Constitution, there are specific provisions no designated probation officer – hence, a

COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM

Undue Delegation of Legislative Power

COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM

Constitution, there are specific provisions VI. DELEGATION TO ADMINISTRATIVE

Referendum vs. Plebiscite. Referendum NACHURA:

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DELEGATION OF POWER sophisticated problems that the legislature

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With this power, administrative bodies may ISSUE:

COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM

YNOT V. IAC Issue: Is the E.O. constitutional?

FACTS: Holding: The EO is unconstitutional.

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There must be requirements of notice immediately. This was a clear

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previously scheduled. college may admit any student who has

and ignorance in those who would PELAEZ V. AUDITOR GENERAL

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HELD: No. There was no delegation eminently legislative in character not

corporate existence (by entering into an See Ynot v. Intermediate

COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM

In Tatad v. Secretary, provide the limitations on

ALBA-NOTES justly be pronounced the very definition

COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM

interdependence than in independence 1. To prevent encroachment of

Q – Give instances of the principle of Ans –

Q – How do the courts enforce the

COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM

over cases involving political questions. Q - RA 7354 was passed by congress

Q – If the issues in the case have

COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM

Ans – No, because the grant of power to

COFFEE NOTES 2017 | POLITICAL LAW COMPENDIUM

Q – Is there a need to provide for the