RBG Case Doctrines Delegation of Powers

RBG case doctrines
IV. Delegation of Powers

A. Potestas delegata non delegare protest – what has been delegated should
not be further delegated
> The principle is not to be understood as an absolute prohibition against

delegation, for were it the case, then the government might not be able
to properly and efficiently function, paralyzed by those primarily tasked
with certain jobs to do their tasks because of sheer impossibility of being
present in all places and undertaking to perform all the minute details
associated with their main duties
B. Powers that can be delegated:

1. emergency powers to the President – VI sec. 23 par. 2
2. tariff powers to the President – VI sec. 28 par. 2
3. powers to local governments – II sec. 25, X sec. 2
4. subordinate legislation to administrative agencies -
(5. power to legislate through initiative and referendum – VI sec.1)
B.1. Emergency powers
> The President would be in a better position to respond in a timely

manner to emergencies and fast changing developments that are critical to
the welfare, safety, or security of the nation. But such exercise must be within
certain parameters set out by the Constitution itself and the law delegating such
powers. (VI sec. 23 par. 2)
> If Congress does not expressly take back the powers by means of
resolution, the same shall cease upon its next adjournment.
~ Araneta v. Dinglasan – CA No. 671: Total emergency of the Philippines
- cessation of total emergency power of the President implies total cessation of

the laws enacted therein (executive orders); express repeal unnecessary
- There is implied cessation of total emergency powers when the legislature

conducts the first regular session after the emergency. Emergency itself cannot
and should not create power.
~ Rodriguez v. Gella
- creating a bill to repeal CA No. 671 is unconstitutional but shall be a concurrent
resolution to formally declare termination of emergency powers
- The Congress might delegate its powers by a simple majority, it might not be
able to recall them except by a 2/3 vote. In other words, it would be easier for
Congress to delegate its powers than to take them back.
B.1.1 Kinds of emergency
 in times of war
 other national emergency – after-effect of war or from natural
disasters
B.2. Tariff powers
> Prerogative to fix tariff rates, import and export quotas, tonnage and
wharfage, provided certain guidelines, such as spelling out specified limitations
and restrictions, and that the same be within the framework of the national
development program of the Government.
> This power may be delegated not to the President directly all the time. It
may also be entrusted to the appropriated functionaries in the executive
department. It is generally the Secretary of Finance who acts as alter ego to the
President to impose tariffs under Article VI, sec. 28(2)
~ Southern Cross Cement Corporation v. Cement Manufacturers Association of

the Philippines
- DTI has no inherent power, even as alter ego of the President, to levy tariffs and
imports
- However, SMA provides an exceptional instance when it is the DTI or
Agriculture Secretary, and the Tariff Commission who is tasked by the Congress,
in their capacity as alter egos of the President, to impose such measures, subject
to limitations and restrictions
- With that being said, both the TC and DTI secretary may be regarded as
agents of Congress within their limited respective spheres as ordained by SMA.
- Even the President may be considered as an agent of Congress for the

purpose of safeguard measures. It is the Congress which possesses inherent
powers to impose tariffs and imposts. Without legislative authorization through
statute, the President has no power because taxation is inherently legislative,
not executive.
B.3. Powers to local governments
> RA 7160 – Local Government Code of 1991 – LGUs may exercise police
power, eminent domain, and power to tax as they would be better able to
attend local concerns in an effective and meaningful manner, instead of relying
too much on the national government under the General Welfare Clause
> “The State shall ensure the autonomy of local governments” (II sec. 25)
~Sema v. COMELEC – wants to make a new province called “Shariff Kabunsuan”
- ARMM regional assembly, can only make barangays; not provinces.
- Even as Congress may delegate some powers, there are certain things it
cannot, without violating the Constitution, such as the creation of new provinces
and cities. This could only be done by the national legislature; not by local
governments since it entails indirectly the creation of new legislative districts.
- RA 9054, Article VI, sec. 19 is unconstitutional because Congress can only

create another province (X sec. 10)
B.4. subordinate legislation to administrative agencies
> Administrative agencies are clothed with rule-making powers because

the lawmaking body finds it impracticable, it not impossible, to anticipate and
provide for the multifarious and complex situations that may be encountered in
enforcing the law.
> The grant of the rule-making power to administrative agencies is a

relaxation of the principle of separation of powers
> Such administrative regulations must be in harmony with the provisions

of the law, and should be for the sole purpose of carrying into effect its general
provisions. They CANNOT amend or expand the law, much less override or
abrogate them
> Administrative agencies are discharging not only quasi-legislative

functions but also quasi-judicial functions, and they have been referred to as
the 4th department
~ Philippine Airlines, Inc. v. Civil Aeronautics Board
- Congress controls any franchise but issuance of certificate isn’t exclusive (XII
sec. 2)
- the power to issue permits for the operation of domestic transport services, has
delegated to said body the authority to determine the capability and
competence of a prospective domestic air transport operator to engage in
such venture.
~ Philippine Interisland Shipping Association of the Philippines v. CA
- Even if a power is delegated, the legislature can still fix the pilotage rates
because it is legislative in character.
- Orders of the Philippine Ports Authority were in the nature of a subordinate

legislation
~ Yazaki Torres Manufacturing Inc. v. CA
- HDMF has the power to make implementing rules and regulations under
necessary implication
b.4.1. Doctrine of Primary Jurisdiction – courts will not interfere in

matters which are addressed to the sound discretion of the
government agency entrusted with the regulation of activities
coming under the special and technical training, and knowledge of
such agency
b.4.2. subordinate legislation – rules and regulations promulgated

by an administrative agency
b.4.3. doctrine of necessary implication – grant of express power to

formulate implementing rules and regulations must necessarily
include the power to amend, revise, alter or repeal the same
b.4.3. Delegated administrative rule-making authority limitations:
 supplementary rule-making – filling up the details of the law
for its enforcement
 contingent rule-making – ascertaining facts to bring the law
into actual operation
C. Tests for Valid delegation
> Valid delegation does not involve complete abdication of the

legislature’s prerogative to determine the law but the limited scope within which
the delegate may exercise a portion of legislative work or subordinate
legislation as a means to carry out the law itself
> Simply stated, the principal must make known what is to be done and
not simply leaves the same to the delegate or agent. The main design belongs
to the former, the details to the latter.
1. completeness test – said law should be complete in itself; policy to be

executed, carried out, or implemented by the delegate (Pelaez case)
2. sufficiency standard test – fixes a standard; the limits of which are

sufficiently determinate or determinable. Delegate must conform in the
performance of his function (Pelaez case)
*Both tests are intended to prevent a total transference of legislative

authority to the delegate, who is not allowed to step into the shoes of the
legislature and exercise a power essentially legislative.
~ Pelaez v. Auditing General (1965) - made municipalities through EO 353
- admin code sec. 68 (which provides the power to create municipalities) was
REPEALED by the 1935 constitution
- The President was (and is still is) not empowered to create municipalities
through executive issuances
- Creating a municipality isn’t an administrative power; it’s purely legislative. The

President can’t create them through executive orders just because of “public
interest”
- Without a statutory declaration of policy, which is the essence of every law,

and without the aforementioned standard, there would be no means to
determine, with reasonable certainty, whether the delegate has acted within or
beyond the scope of his authority
~ Municipality of San Narcisco, Quezon v. Mendez, Sr. - sought the nullity that
created the municipality of san andres because it’s one of those nullified in
Pelaez case
- denied because cured by the enactment of the Local Government Code.

Also EO 174 officially recognized San Andres as 5th class municipality
- LGC, sec. 442(d) cures the status of the municipalities created by EO’s, which
now made them regular municipalities
~ Camid v. Office of the President - Municipality of Andong: one of the

municipalities declared null and void from Pelaez case
- If there’s a strong impulse on reconstitution of the municipality nullified in
Pelaez, the solution is through the legislature and not judicial confirmation of a
void title
D. Other considerations
~ Binamira v. Garrucho, Jr. – Binamira was designated as General manager of

Philippine Tourism Authority
- designation = legislative in nature, appointment = executive in nature
- While the President generally delegates his powers since he could not possibly
do everything, or discharge every executive power or function, there are certain
acts that he must do personally, like the approval or veto of bills, or appointment
of certain officials
D.1. judicial review
> power invoked to issues concerning the validity of such discretionary

powers or whether said powers are within the limits prescribed by the
Constitution
D.2. Qualified Political Agency/Alter-ego Principle
> different executive departments are mere adjuncts of the President
> the heads of the various executive departments are assistants and
agents of the Chief Executive, and, except in cases where the Chief Executive is
required by the Constitution or law to act in person, or the exigencies of the
situation demand that he acts personally.
> the multifarious executive and administrative functions of the Chief

Executive are performed by and through executive departments, and the acts
of the secretaries of such departments which are performed and promulgated
in the regular course of business are (unless disapproved/reprobated by the
Chief Executive) presumptively the acts of the Chief Executive.
~ Llamas v. Orbos
- granting executive clemency in administrative cases is valid. Its only limit is

when the offender violates Election Laws (VII sec. 19)
~ NPC DAMA v. National Power Corporation
- discretion (definition) – the act of the liberty to decide according to the

principles of justice and one’s ideas of what is right and proper under the
circumstances, without willfulness or favor.
- voting and approving board resolutions are powers of the Board of Directors of
NPB because such act requires discretion/personal judgment in fulfillment of
responsibility
- There is already a violation of the duty imposed upon the specifically

enumerated department heads to employ their own sound discretion in
exercising the corporate powers of the NPC when it is the representatives of the
secretaries who exercised judgment in passing the resolutions and not the
secretaries themselves.
~ People v. Dacuycuy
- delegation of legislative power to the courts on term of imprisonment is invalid
~ Lina v. Purisima
- constitutional authority of courts remain unimpaired despite martial law.

Applies to courts as a whole
~ Mago v. Penalosa-Fermo – delegated preliminary investigation duty to a

stenographer
- An officer to whom a discretion is entrusted can’t delegate it to another
- Preliminary investigation needs personal examination. Not just paper bound

questions
~ Ilaw at Buklod ng Manggagawa v. Director of labor Relations
- DLR referring an appeal to a private person or entity is null and void; invalid
delegation of power
~ Association of Philippine Coconut Desiccators v. Philippine Coconut Authority
- PCA issued resolutions on not issuing license/permit anymore, without the

approval of the President. PCA basically abdicated its function of regulation.
PCA is under the direct supervision of the President.
- Administrative bodies can’t exercise legislative powers. Rules and Regulations

must be approved by the President before it can be effective. (resolutions)

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RBG case doctrines

IV. Delegation of Powers

> The principle is not to be understood as an absolute prohibition against

B. Powers that can be delegated:

B.1. Emergency powers

> The President would be in a better position to respond in a timely

- cessation of total emergency power of the President implies total cessation of

- There is implied cessation of total emergency powers when the legislature

B.2. Tariff powers

~ Southern Cross Cement Corporation v. Cement Manufacturers Association of

- Even the President may be considered as an agent of Congress for the

- RA 9054, Article VI, sec. 19 is unconstitutional because Congress can only

B.4. subordinate legislation to administrative agencies

> Administrative agencies are clothed with rule-making powers because

> The grant of the rule-making power to administrative agencies is a

> Such administrative regulations must be in harmony with the provisions

> Administrative agencies are discharging not only quasi-legislative

- Orders of the Philippine Ports Authority were in the nature of a subordinate

b.4.1. Doctrine of Primary Jurisdiction – courts will not interfere in

b.4.2. subordinate legislation – rules and regulations promulgated

b.4.3. doctrine of necessary implication – grant of express power to

> Valid delegation does not involve complete abdication of the

1. completeness test – said law should be complete in itself; policy to be

2. sufficiency standard test – fixes a standard; the limits of which are

*Both tests are intended to prevent a total transference of legislative

- Creating a municipality isn’t an administrative power; it’s purely legislative. The

- Without a statutory declaration of policy, which is the essence of every law,

- denied because cured by the enactment of the Local Government Code.

~ Camid v. Office of the President - Municipality of Andong: one of the

~ Binamira v. Garrucho, Jr. – Binamira was designated as General manager of

> power invoked to issues concerning the validity of such discretionary

> the multifarious executive and administrative functions of the Chief

- granting executive clemency in administrative cases is valid. Its only limit is

- discretion (definition) – the act of the liberty to decide according to the

- There is already a violation of the duty imposed upon the specifically

- constitutional authority of courts remain unimpaired despite martial law.

~ Mago v. Penalosa-Fermo – delegated preliminary investigation duty to a

- Preliminary investigation needs personal examination. Not just paper bound

- PCA issued resolutions on not issuing license/permit anymore, without the

- Administrative bodies can’t exercise legislative powers. Rules and Regulations

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