DELEGATION OF POWERS

It is 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. A further delegation of
such power, unless permitted by the sovereign power, would constitute a negation
of this duty in violation of the trust reposed in the delegate mandated to discharge
it directly.
The principle of non-delegation of powers is applicable to all the three major powers of
the government but is especially important in the case of the legislative power
because of the many instances when its delegation is permitted. The occasions are
rare when executive or judicial powers are exercised outside the department to
which they legally pertain.
EXCEPTION
PERMISSIBLE DELEGATION
(a) Delegation to the people at large. The Congress further delegates its legislative power by
allowing direct legislation by the people in cases of initiative and referendum;
A referendum is defined as a method of submitting an important legislative measure to a
direct vote of the whole people.
(b) Delegation of emergency powers to the President.
Section 23 (2), Article VI of the Constitution states that 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.
Emergency powers are delegated to the President by the Congress to effectively solve the
problems caused by war or other crisis which the Congress could not otherwise solve with more
dispatch than the President;
The conditions for the vesture of emergency powers in the president are the following:

There must be war or other national emergency.

The delegation must be for a limited period only.
The delegation must be subject to such restrictions as the Congress may prescribe.
The emergency powers must be exercised to carry out a national policy declared by
the Congress.

(c) Delegation of tariff powers to the President.

Section 28 (2), Article VI of the Constitution states that 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.
Tariff powers are delegated to the President by the Congress to efficiently and speedily solve
economic problems posed by foreign trade which the Congress could not otherwise address with
more dispatch than the President;

(d) Delegation to administrative bodies.

The Congress delegates the so called power of subordinate legislation to administrative bodies.
Due to the growing complexity of modern society, it has become necessary to allow specialized
administrative bodies to promulgate supplementary rules, so that they can deal with technical
problems with more expertise and dispatch than the Congress or the courts. Regulations or
supplementary rules passed by the administrative bodies are intended to fill-in the gaps and
provide details to what is otherwise a broad statute passed by Congress. For the rules and
regulations to be valid and binding, they must be in accordance with the statute on which they
are based, complete in themselves, and fix sufficient standards. If any of the requirements is not
satisfied, the regulation will not be allowed to affect private rights;
CRUZ VS. YOUNGBERG
THE LAW INVOLVED HERE PROHIBITED THE ENTRY INTI THE COUNTRY OF FOREIGN
CATTLE, WHICH HAD BEEN DETERMINED BY THE PHILIPPINE LEGISLATRE AS THE
CASE OF RINDERPEST EPIDEMIC THAT HAD KILLED MANY OF THE LIVESTOCK. THE
SAME LAW, HOWEVER AUTHORIZED THE GOVERNOR-GENERAL TO LIFT THE
PROHIBITION, WITH THE CONSENT OF THE PRESIDING OFFICERS OF THE LAW
MAKING BODY, IF HE SHOULD ASCERTAIN AFTER A FACT FINDING INVESTIGATION
THAT THERE WAS NO LONGER ANY THREAT OF CONTAGION FROM IMPORTED CATTLE.
(e) Delegation to the local governments. This delegation is based on the principle that the local
government is in better position than the national government to act on purely local concerns.
Legislative power is therefore given to them for effective local legislation.

TESTS FOR VALID DELEGATION

1. COMPLETENESS TEST
The law must be complete in all its essential terms and conditions so
that there is nothing for the delegate to do except to enforce it.
2. SUFFICIENT STANDARD TEST
Maps out the boundaries of the delegates authority by defining the
legislative policy and indicating the circumstances under which it is to
be pursued. Both tests must concur.
THE PELAEZ CASE (PELAEZ VS AUDITOR GENERAL)
THE CASE OF EMMANUEL PELAEZ VS. AUDITOR GENERAL IS WORTHY OF
SPECIAL ATTENTION BECAUSE OF ITS DISCUSSION OF THE TESTS OF VALID
DELEGATION OF LEGISLATIVE POWER. AT ISSUE HERE WAS THE VALIDITY OF SEC.
68 OF THE REVISED ADMINISTRATIVE CODE EMPOWERING THE PRESIDENT OF
THE PHILIPPINES TO CREATE, MERGE, ABOLISH OR OTHERWISE ALTER THE
BOUNDARIES OF MUNICIPAL CORPORATIONS. PELAEZ CONTENDED INTER ALIA
THAT IT WAS AN INVALID DELEGATION OF LEGISLATIVE POWER. THE
GOVERNMENT ARGUED THAT IT WAS NOT, INVOKING THE CASE OF CARDONA
VS. BINANGONAN, WHERE THE POWER OF THE GOVERNOR GENERAL TO
TRANSFER TERRRITORY FROM ONE MUNICIPALITY TO ANOTHER WAS SUSTAINED.
THE SC UPHELD PELAEZ. SIGNIFICANTLY, IT RULED THAT THE COMPLETENESS
TEST AND THE SFFICIENT STANDARD TEST, WHICH HAD THEREFORE BEEN
APPLIED ALTERNATIVELY, MUST BE APPLIED TOGETHER OR CONCURRENTLY.