CHAPTER 7 DELEGATION OF POWERS

international trade agreements (only

power to fix tariff rates, import and
export quotas and other taxes)

Potestas delegate non delegari potest What

has been delegated cannot be delegated.

Emergency Powers
Based upon the principle that such
delegated power constitutes not only a
right but a duty to be performed by the
delegate through the instrumentality of
his own judgment and not through the
intervening mind of another.
Further delegation would constitute
violation of the trust reposed upon the
delegate
Applicable to all major powers of the
government but is especially important
in the case of the legislative power
Delegation of legislative power has
become the rule and its non-delegation
the exception why? increasing
complexity of the task of the
government and the growing inability
of the legislature to cope directly with
the many problems demanding its
attention. Specialization in legislation
has become necessary. (e.g. LTFRB)

Sec. 23 (2) - In times of war or other national

emergency, the Congress may, by law,
authorize the President, for a limited period
and subject to such restrictions as it may
prescribe, to exercise powers necessary and
proper to carry out a declared national policy.
Unless sooner withdrawn by resolution of the
Congress, such powers shall cease upon the
next adjournment thereof.

Reason: unlikeliness that a quorum can

be convened in Congress in times of
war and the delay inherent in the
lawmaking process that may hamper
effective solution of the problems
caused by the emergency.

When
emergency
powers
are
delegated
to
the
President,
he
becomes in effect a constitutional
dictator. But in strict legal theory, there
is no total abdication of legislative
authority in his favor.

Permissible Delegation
1.
2.
3.
4.
5.

Delegation of tariff powers to the

President
Emergency power to the President
To the people at large
To local government
To administrative bodies

Conditions:
1.

War or other national emergency

Tariff Powers

2.

Limited period

Sec. 28(2) - 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.

3.

Subject to restrictions as the Congress

may prescribe

4.

Exercised to carry out national policy

as declared by the Constitution.

Self-liquidating
unless
sooner
withdrawn in the sense that they will
automatically cease upon the end of
the emergency that justified their
delegation.

Reason: necessity and expediency of

giving the president the authority to
act immediately on certain matter
affecting the national economy lest
delay result in hardship to the people.
Akbayan v. Aquino this provision
should not be considered as a source of
power of the president to negotiate

Other national emergency includes

rebellion, economic crisis, pestilence or
epidemic, typhoon, flood, or other
similar catastrophe of nationwide
proportions.

Delegation of emergency powers not

mandatory
on
the
Congress.
(emergency itself cannot and should
not create power)

Emergency,
in
order
to
justify
delegation, must be temporary or it
cannot be said to be an emergency

Read Emergency Powers Cases

Section 17 of Article XII of the

Constitution provides: In times of
national emergency, when the public
interest so requires, the State may,
during the emergency and under
reasonable terms prescribed by it,
temporarily take over or direct the
operation of any privately-owned public
utility or business affected with public
interest.

In David v. Arroyo The President may

not invoke this provision to authorize
him during emergency to temporarily
take over or direct the operation of any
privately owned public utility or
business affected with public interest
without authority from Congress.

However
in
Divinagracia
v.
Consolidated Broadcasting System, Inc.
SC acknowledged that the President
has been authorized to exercise
considerable infringements on the right
of
franchisees
to
operate
their
enterprises, citing as justification
Section
17
Article
XII
of
the
Constitution. Among the laws referred
to by the Court is Section 5 of RA 7477

Delegation to the People

According to Cooley, the prevailing

doctrine in the courts appears to be

that except in cases where by the

Consitution, 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.
the
people
have
voluntarily surrendered that power
when they adopted the Constitution.

People v. Vera courts have sustained

the delegation of legislative power to
the people at large, although it added
that some authorities maintain that this
may not be done.

RA 6735 defined referendum as the

power of the electorate to approve or
reject a legislation through election
called for the purpose while plebiscite
is the electoral process by which an
initiative on the Constitution is
approved or rejected by the people.

Delegation to Local Governments

Based on the recognition that local

legislatures are more knowledgeable
than the national lawmaking body on
matters purely local concern and are in
a better positon to enact necessary
legislation.

It is a cardinal principle of our system

of government that local affairs shall
be managed by local authorities and
general affairs by the central authority

Creation of municipalities exercising

local self-government has never been
held to trench upon the rule of non
delegation of rule making power.

Such legislation is not regarded as a

transfer of general legislative power,
but rather as the grant of the authority
to prescribe local regulations subject to

the interposition of the superior in

cases of necessity.

Power of eminent domain and ,under

the general welfare clause, the police
power have been expressly delegated
by the legislature to the local
lawmaking bodies. However, the power
of taxation is derived by them directly
from the constitution, subject only to

limitations that may be imposed by the

Congress.
Delegation to Administrative Bodies

Reason: proliferation of specialized

activities and their attendant peculiar
problems