DELOS REYES, NOVA GRACE A.

Classification of powers of congress:

The primary function of congress is to legislate. The constitution, however, has
also expressly given it powers which are non-legislative in character.
The powers of congress may be classified into:
1. General legislative power- it is the power to enact laws intended as rules of
conduct to govern the relations among individuals or between the individuals
and senate. Congress can enact any law as long as it is not contrary to the
constitution. Unless otherwise decreed by competent court, a law is
presumed constitutional;
2. Specific powers- They are powers which the constitution expressly directs
authorizes congress to exercise like the power to choose who shall be the
president in case two or more candidates have an equal and highest number
of votes, to confirm certain appointments by the president, to promote social
justice, to declare the existence of a state of war, to impose taxes, to
appropriate money, to impeach, to act as a constituent assembly.
3. Implied powers- They are those essential or necessary to the effective
exercise of the powers expressly granted, like the power to conduct inquiry
and investigation in aid of legislation, to punish for contempt, to determine
the rules of its proceedings ;
4. Inherent powers- they are the powers which are possessed and can be
exercised by every government because they exist as an attribute of
sovereignty. In other words, they are always deemed conferred by people
even if not expressly granted by them in the constitution. These powers
which are legislative in nature are the power of taxation, power of eminent
domain, and police power. They fall the general legislative powers of
congress.

Limits on the legislative power of Congress:

1. Substantive limitations on the content of laws. E.g. no law shall be passed
establishing a state religion.
1. Procedural limitations on the manner of passing laws. E.g. generally a bill
must go through three readings on three separate days.
Note:
Provided that these two limitations are not exceeded, Congress legislative power is
plenary.

EXECUTIVE PRIVELEGE

- a claim by the President or another high official of the executive branch

that he/she need not answer a request (including a
subpena issued by a court or Congress) for confidential government or
personal communications, on the ground that such
revelations would hamper effective governmental operations and
Decision-making.
- The power of the government to withhold information from the public,
the courts, and the congress

DOCTRINE OF QUALIFIED POLITICAL AGENCY

Doctrine of qualifi ed political agency or alter ego principle means that

the acts of the secretaries of the Executive departments performed and
promulgated in the regular course of business are presumptively the
acts of the Chief Executive. (Villena v. Secretary of the Interior, G.R. No.
L46570, April 21, 1939)

EXCEPTIONS:

1. In cases wherein the Chief Executive is required by the Constitution or

by the law to act in person or

2. The exigencies of the situation demand that he act personally, the

multifarious executive and administrative functions of the Chief
Executive are performed by and through the executive departments.

All the diff erent executive and administrative organizations are mere
adjuncts of the executive department. This is an adjunct of
the Doctrine of Single Executive.

The heads of the various executive departments are assistants and

agents of the Chief Executive. [Villena v. Sec. of Interior (1939)]

In the case of Abakada Guro v. Executive Secretary, G.R. No. 168056,

Sept. 1, 2005, the SC held that the Secretary of Finance can act as an
agent of the Legislative Dept. to determine and declare the event upon
which its expressed will is to take eff ect. Thus, being the agent of
Congress and not of the President, the latter cannot alter, or modify or
nullify, or set aside the fi ndings of the Secretary of Finance and
to substitute the judgment of the former for that of the latter.