Abakada Guro Party List Vs Ermita
Abakada Guro Party List Vs Ermita
Abakada Guro Party List Vs Ermita
or (ii) National government deficit as a percentage of GDP of The Supreme Court ruled that RA 9337 is not unconstitutional
the previous year exceeds one and one-half percent (1%) thus dismissing the petitions filed before them.
(c) delegation to the people at large Congress just granted the Secretary of Finance the authority to
ascertain the existence of a fact--- whether by December 31,
(d) delegation to local governments 2005, the VAT collection as a percentage of GDP of the previous
year exceeds 2 4/5 % or the national government deficit as a
(e) delegation to administrative bodies percentage of GDP of the previous year exceeds one and 1%.
If either of these two instances has occurred, the Secretary of
For the delegation to be valid, it must be complete and it must Finance, by legislative mandate, must submit such information
fix a standard. A sufficient standard is one which defines to the President.
the States power is entitled to presumption of validity. As a
In making his recommendation to the President on the rule, the judiciary will not interfere with such power absent a
existence of either of the two conditions, the Secretary of clear showing of unreasonableness, discrimination, or
Finance is not acting as the alter ego of the President or even arbitrariness
her subordinate. He is acting as the agent of the legislative
department, to determine and declare the event upon which its 3 important keys (in relation to Tolentino case)
expressed will is to take effect. The Secretary of Finance 1. It is not the law but the bill that should originate from
becomes the means or tool by which legislative policy is the House of Representatives
determined and implemented, considering that he possesses 2. Not allowing senate to amend, violates co-equality
all the facilities to gather data and information and has a much between two houses
broader perspective to properly evaluate them. His function is 3. Senate can propose, concur or amend
to gather and collate statistical data and other pertinent
information and verify if any of the two conditions laid out by
Congress is present.