CONSTITUTIONAL LAW 1
Reason: the necessity of the Chief Executive the authority to act
Layla-Tal Medina
2007-67099-1
Delegation of Powers, Legislative Department, Powers of the Congress
DELEGATION OF POWERS
“Potestas delegate non delegare potest”- “What has been delegated cannot
be delegated”
Basis: the ethical 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 through the intervening mind of
another.
RESULT OF FURTHER DELEGATION: it would constitute a negation of duty in
violation of the trust reposed in the delegate mandated to discharge it
directly.
WHEN AND WHERE IT IS APPLICABLE
• It 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 delegation is permitted.
Reason:
• The increasing complexity of government tasks makes the
legislature unable to cope directly with problems that demand its
attention. The growth of society has created peculiar and
sophisticated problems that the legislature cannot be expected to
reasonably understand.
• There is a need for specialization for there are so many matters
that may need attention but the legislators may not have any
competence, the time or interest to provide a direct and desired
result, or even specific solutions.
CASES WHERE DELEGATION IS PERMITTED
1. Delegation of tariff powers- the taxing power, vested in the
Congress (impose taxing rates, import and export quotas, tonnage
and wharfage dues and other duties and imports).
immediately on matters concerning national economy lest delay cause
hardship to the people.
2. Emergency powers-In times of war, convening a quorum is highly
unlikely for it to do business. Even if it were possible, there will still
be delay in the lawmaking process that could hamper solutions of
the problem caused by the emergency. These problems need to
be solved as not to cause further hardship on the people.
What happens when emergency powers are delegated?
• The President, in effect, becomes a Constitutional dictator.
However, there is no total abdication of power from the legislature.
The conferment of such power is subject to restrictions and
requirements determined to make him an agent, NOT a
replacement of the legislature.
Requisites for Delegation of Emergency Powers
1. There must be war or other national emergency.
2. Delegation must be for a limited period only.
3. Delegation must be subject to such restrictions as the Congress
may prescribe.
4. Emergency powers must be exercised to carry out a national
policy declared by the Congress.
There can be no emergency powers in the absence of an emergency.
Furthermore, these powers are self-liquidating unless they are withdrawn
sooner in the sense that it will cease automatically upon the end of the
emergency that justified the delegation.
Other instances of national emergency
1. rebellion
2. economic crisis
3. pestilence
4. epidemic
5. flood or similar catastrophe of nationwide proportions
Conferment of this said power to the President is not mandatory on
the Congress. Even in the face of the worst crisis, the Congress can still
hold to its legislative powers and validly refuse to delegate. Should they
delegate it, the duration would be limited and can be terminated even Even if the law does not expressly pinpoint the standard, the Court will
before the end of emergency. bend over backward to locate the same elsewhere into spare the statute (if
it can) from constitutional infirmity.
The emergency does not automatically confer powers to the President. In
the same thread, mere continuance of the emergency does not
necessarily lengthen or continue the emergency powers if they
have been granted at a shorter period.

To prevent the delegation from being a total surrender of legislative

The Legislative Department
authority, it must be subject to the restrictions provided by the Congress.
Any act that is not in keeping with the scope of national policy can be
Consists of…
challenged as beyond the scope of his delegated authority.
1. The House of Representatives
2. The Senate
3. Delegation to the People

REFERENDUM- a method of submitting an important legislative measure to

1. THE SENATE
a direct vote of the whole people.
1.1 COMPOSITION
PLEBISCITE- a device to obtain a direct popular vote on a matter of political
importance; creating a more or less permanent political condition.
The Senate is composed of 24 senators who shall be elected at large by
qualified voters of the Philippines as provided by law.
4. Delegation to local governments
1.2 QUALIFICATIONS
5. Delegation to administrative bodies
A, Age- must be at least 35 years old at the day of elections and NOT on
the day of proclamation of winners.
TESTS OF DELEGATION
B. DOMICILE
1. The completeness test- the law must be complete in all its
essential terms and conditions when it leaves the legislature so
Domicile-place where one habitually resides and to which, he is absent, has
there will be nothing left for the delegate to do but to enforce it
the intention of returning.
when it reaches him.
2. The sufficient standard test-intended to map out boundaries of the C. OTHER QUALIFICATIONS
delegate’s authority by defining the legislative policy and
indicating the circumstances under which it is pursued and • Must be a natural-born Filipino citizen
effected. The purpose of the sufficient standard is to prevent a • Must be able to read and write
total transference of legislative power from the law making power • Must be a registered voter
to the delegate.

Note: The sufficient standard is usually indicated in the law delegating

legislative power.

2. THE HOUSE OF REPRESENTATIVES

2.1 Consists of…

a. district representatives
b. party list representatives

2.2 Qualifications

A, Age qualification is slightly lower than that of the Senate

B. Residence must be in the district, not in the province comprising the
district for one year immediately preceding the election.

Purpose: To ensure familiarity with the conditions and problems of the

constituency sought to be represented and consequent efficiency and
concern in the discharge of legislative duties.

2.3 Term- limited to three terms only, or a total of nine years

PARTY LIST REPRESENTATIVES

-shall constitute 20% of the total membership of the body

Provisions of RA 7941

1. Any political party, organ i sa t i on , coa l i t i on may f i l e a ver i f i ed pet i t i on

th rough i t s pres iden t or sec re ta ry f o r i t s par t i c ipa t ion i n the par ty - l i s t
sys tem a t tach ing a copy o f i t s cons t i tu t i on , by - l aws ,