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DELEGATION

OF POWERS
WIKARAMBULAN

CONE STY CHEW SHOWN

CONSTITUTION
WIKARAMBULAN
1. FOUR RAIN UP FAIRS FOREIGN AFFAIRS

2. POW BLINK WAR IRKS AND HI WAZE PUBLIC WORKS AND HIGHWAYS

NATIONAL DEFENSE
3. NOW SHOW NULL DEW PENS

4. BOW JET AND MOM AGE MEANT BUDGET AND MANAGEMENT


WIKARAMBULAN
5. TRAY AID AND HE IN THUS TREE TRADE AND INDUSTRY

6. HUG RARE HE AN RAY FORM AGRARIAN REFORM

7. IN TEAR YOUR AND INTERIOR AND LOCAL GOVERNMENT


LOW CALL GO BEAR MEANT

8. SAW SHALL WELL FAIR AND SOCIAL WELFARE AND


DAY WAY LOFT MEANT DEVELOPMENT
Executive
The Principle of Non-delegation of Powers

Judiciary
potestas delegata non
delegari potest

Legislative
WHY?
In the legislative branch, delegation is

PERMITTED

FREQUENT

NECESSARY
increasing complexity of tasks
the growth of society has created peculiar
and sophisticated problems
specialization in legislation has become a
necessity
Congress may create administrative bodies
that would solve these problems
Delegation of legislative power has become the
rule and its non-delegation the exception.
Delegation of tariff powers to the President

Delegation of emergency powers to the President

Delegation of
Delegation to the people at large
legislative powers is
permitted in the
following cases:
Delegation to local governments

Delegation to administrative bodies


TARIFF POWERS
Tariff Powers

The Congress may by law authorize the President to fix within


specified limits, and subject to such limitations and restrictions as it
may impose, tariff rates, import and export quotas, tonnage and
wharfage dues, and other duties or imposts, within the framework
of the national development program of the Government.

- Art. VI Sec. 28(2), Constitution


Tariff Powers

The reason for this delegation is NECESSITY.


EMERGENCY POWERS
Emergency Powers Conditions for giving the President
emergency powers:
In times of war or other national
emergency, the Congress may, by law,
authorize the President, for a limited There must be war or other national emergency
period and subject to such
restrictions as it may prescribe, to
exercise powers necessary and proper The delegation must be for a limited period only
to carry out a declared national
policy. Unless sooner withdrawn by The delegation must be subject to such
resolution of the Congress, such restrictions as the Congress may prescribe
powers shall cease upon the next
adjournment.
The emergency powers must be exercised to
- Art. VI Sec. 23(2), Constitution
carry out a national policy declared by Congress
In times of war or
other national emergency
REBELLION

ECONOMIC CRISIS

PESTILENCE OR EPIDEMIC

TYPHOON, FLOOD OR OTHER SIMILAR CATASTROPHE OF


NATIONWIDE PROPORTIONS OR EFFECT
Conferment of
Chief Justice Paras
emergency powers
on the President is
not mandatory on
the Congress. emergency itself cannot and
should not create power.
Specific Requirement of
the Constitution:
The President may be authorized to exercise
powers NECESSARY AND PROPER only for the
purpose of carrying out a national policy NOT BY
HIM BUT BY THE CONGRESS.
DELEGATION TO THE PEOPLE
Delegation to the People

According to Cooley:

The people have expressly reserved to themselves a power of


decision, the function of legislation cannot be exercised
by them, even to the extent of accepting or rejecting a law which has
been framed for their consideration.
REFERENDUM PLEBICITE

VS
DELEGATION TO LOCAL GOVERNEMENTS
Delegation to local governments

Local affairs shall be managed by local authorities,


and general affairs by the central authority.

Includes:
power of eminent domain
police power
The rule is that the power to make laws cannot be
delegated, the creation of municipalities exercising local
self-government has never been held to trench upon
that rule.
G.R. No. 177597 July 16, 2008

BAI SANDRA S. A. SEMA,


Petitioner
vs
COMMISSION ON ELECTIONS
and DIDAGEN P. DILANGALEN,
Respondents

CARPIO, J.
WIKARAMBULAN
1. HEY GREE COOL TOUR AGRICULTURE

2. JAZZ TEA EASY JUSTICE

3. IN FOUR MAY SEE ON AND INFORMATION AND


TEA INK KNOW LOW GEE TECHNOLOGY

ENERGY
4. HEY NEAR GEE
WIKARAMBULAN
5. AND BYE ROW MEANT AND NOT ENVIRONMENT AND NATURAL
YOU ROLL REE SAW SAYS RESOURCES

6. LAY BOAR AND HEM FLUE LABOR AND EMPLOYMENT


MEANT

7. SAY HE ANTS AND THINK SCIENCE AND TECHNOLOGY


KNOW LOW GEE

ENERGY
8. HEY NEAR GEE
Delegation to Administrative Bodies
Delegation of Administrative Bodies

also known as the power of subordinate legislation/ quasi-legislative


powers.

This refers to the authority vested by Congress to the administrative


bodies to fill in the details which Congress cannot provide due to
lack of opportunity or competence. This includes the making of
supplementary rules and regulations. They have the force and effect of
law.
Administrative Agencies may also issue contingent
regulations pursuant to a delegation of authority to
determine some fact or state of things upon which
the enforcement of law depends.

In other words , they are allowed to ascertain the


existence of particular contingencies and on the
basis thereof enforce or suspend the operation of
law . Such contingent regulations also have the force
and effect of law.
Requisites for an administration regulation to be
valid:
Its promulgation must be authorized by the
legislature.
It must be within the scope of the authority given
by the legislature.
It must be promulgated in accordance with the
prescribed procedure.
It must be reasonable.
G.R. No. 159796 July 17, 2007
ROMEO P. GEROCHI, KATULONG NG BAYAN (KB) and
ENVIRONMENTALIST CONSUMERS NETWORK, INC.
(ECN), Petitioners,
vs.
DEPARTMENT OF ENERGY (DOE), ENERGY REGULATORY
COMMISSION (ERC), NATIONAL POWER CORPORATION
(NPC), POWER SECTOR ASSETS AND LIABILITIES
MANAGEMENT GROUP (PSALM Corp.), STRATEGIC
POWER UTILITIES GROUP (SPUG), and PANAY ELECTRIC
COMPANY INC. (PECO), Respondents

NACHURA, J.
G.R. No. 132601 January 19, 1999

LEO ECHEGARAY, petitioner,


vs.
SECRETARY OF JUSTICE, ET AL.,
respondents.

PUNO, J.:
Tests of Delegation

Q: Why is it required?
A: It is required for the valid exercise of the
power of subordinate legislation , that the
regulation be germane to the objects and
purposes of the law and that the regulations
be not in contradiction to, but in conformity
with, the standards prescribed by the law.
Q: What are the tests to determine
whether the delegation of legislative
power is valid ?

1. Completeness Tests

2. Sufficient Standard Tests


Completeness Test The law must be complete
in all essential terms and conditions when it leaves
the legislature so that there will be nothing left for
the delegate to do when it reaches him except to
enforce it.

Sufficient Standard Test If the law does not


spell out in detail the limits of the delegates
authority, it may be sustained if delegation is made
subject to a sufficient standard.
RESTITUTO YNOT, petitioner,
vs.
INTERMEDIATE APPELLATE COURT, THE STATION
COMMANDER, INTEGRATED NATIONAL POLICE,
BAROTAC NUEVO, ILOILO and THE REGIONAL
DIRECTOR, BUREAU OF ANIMAL INDUSTRY, REGION
IV, ILOILO CITY, respondents.

Cruz, J:
FACTS:
Petitioner in this case transported six carabaos in a pump boat.
The pump boat travelled from Masbate to
Iloilo on January 13, 1984.

MASBATE ILOILO
When they were confiscated by the police
station commander of Barotac Nuevo, Iloilo for
the violation of E.O. No. 626-A

STOP!!! You are


Executive violating
Order No. 626- Executive Order
A???? No. 626-A
Executive Order No. 626A states that no
carabao, regardless of age, sex, physical condition or
purpose and no carabeef shall be transported from one
province to another.

The carabaos or carabeef transported in violation of this


Executive Order as amended shall be subject to
confiscation and forfeiture by the government to be
distributed to charitable institutions and other similar
institutions as the Chairman of the National Meat
Inspection Commission may see fit, in the case of carabeef,
and to deserving farmers through dispersal as the Director
of Animal Industry may see fit, in the case of carabaos.
Ynot sued for recovery, and the Regional Trial Court of Iloilo City
issued a writ of replevin upon his filing of a supersedeas bond
of P12,000.00.

Ynot averred EO 626-A as unconstitutional for it violated his


right to be heard or his right to due process. He said that the
authority provided by EO 626-A to out rightly confiscate
carabaos even without being heard is unconstitutional.

After considering the merits of the case, the court sustained


the confiscation of the carabaos and, since they could no
longer be produced, ordered the confiscation of the bond. .
They stated that it is a valid exercise of police
power in order to promote general welfare so
as to curb down the indiscriminate slaughter of
carabaos. Its decision was affirmed by the IAC.

Hence, this petition for review filed by


Petitioner.
Issue:

Whether or not the Executive Order


No. 626-A is valid.
Ruling:
The SC ruled that the EO is not valid as it indeed violates due
process. EO 626-A created a presumption based on the
judgment of the executive. The movement of carabaos from
one area to the other does not mean a subsequent slaughter
of the same would ensue.

Ynot should be given to defend himself and explain why the


carabaos are being transferred before they can be
confiscated. The SC found that the challenged measure is an
invalid exercise of the police power because the method
employed to conserve the carabaos is not reasonably
necessary to the purpose of the law and, worse, is unduly
oppressive.
Due process is violated because the owner of the property
confiscated is denied the right to be heard in his defense and is
immediately condemned and punished. The conferment on
the administrative authorities of the power to adjudge the
guilt of the supposed offender is a clear encroachment on
judicial functions and militates against the doctrine of
separation of powers.

There is, finally, also an invalid delegation of legislative powers


to the officers mentioned therein who are granted unlimited
discretion in the distribution of the properties arbitrarily taken.
G.R. No. 76633 October 18, 1988
EASTERN SHIPPING LINES, INC., petitioner,
vs.
PHILIPPINE OVERSEAS EMPLOYMENT
ADMINISTRATION (POEA), MINISTER OF LABOR AND
EMPLOYMENT, HEARING OFFICER ABDUL BASAR and
KATHLEEN D. SACO, respondents.

CRUZ, J.:
G.R. No. 191424 August 7, 2013

ALFEO D. VIVAS, ON HIS BEHALF AND ON BEHALF OF THE


SHAREHOLDERS OF EUROCREDIT COMMUNITY BANK,
PETITIONER,
vs.
THE MONETARY BOARD OF THE BANGKO SENTRAL NG
PILIPINAS AND THE PHILIPPINE DEPOSIT INSURANCE
CORPORATION, RESPONDENTS.

MENDOZA, J.: