Administrative law (De Leon and de leon, jr.

, 2010)
1 | P a g e
San Beda College, Manila College of Law SALVADOR, Vanessa L.
| 2J
Ut In Omnibus Glorificetur Deus. 2
nd
Semester, A.Y. 2011-
2012
CH.4: SEPARATION OF ADMINISTRATIVE AND OTHER POWERS
Doctrine of Separation of Powers
Fundamental principle in a republic government. It obtains not through express provision but by actual
division in the Constitution.
1. Allocation of governmental powers
Governmental powers are divided among the 3 depts and confined such powers, precluding one branch
from exercising or invading the powers of another.
It is the duty of the Legislature to make the law; the Executive to execute it; and the Judiciary to
construe it.
2. Blending of allocated powers
Exact delimitation is impossible.
3. Exclusive exercise of assigned powers
The TRUE MEANING of the theory of separation of powers is that the powers assigned to one
department should not be exercised by either of the other depts., and that no dept ought to possess,
directly or indirectly, an overruling influence or control over the others.
Doctrine of Non-Delegation of Powers
Based on the maxim potestas delegata non potest delegari (what has been delegated cannot in turn be
delegated).
Principle: A delegated power constitutes not only a right but a duty to be performed by the delegate by
the instrumentality of his own judgment acting immediately upon the matter and not through the
intervening mind of another. A further delegation of such power would constitute a negation of the duty
in violation of the trust reposed in the delegate mandated to discharge it directly.
Permissible Delegation
1. Tariff powers to the Pres
2. Emergency powers to the Pres
3. To people at large (by way of referendum or plebiscite)
4. To LGU
5. To admin bodies (subordinate legislation)
Delegation to AAs
What can be delegated is the discretion to determine how the law may be enforced, not what the law
shall be.
When the legislature laid down the fundamentals of a law, it may delegate to AAs the authority to
exercise such legislative power as is necessary to carry into effect the general legislative purpose.
1. Need for delegation
- Details beyond the capacity of legislature to determine
- Matter requires more specialized knowledge and expertise

2. Requisites for delegation
a. Completeness of the statute making the delegation; and
- a statute must be complete in itself so that by appropriate judicial review and control, any
action taken pursuant to delegated authority may be kept within the defined limits of the
authority conferred.
- a statute may be compete when the subject, manner and the extent of its operation are stated
in it such that when it reaches the delegate, the only thing he will have to do is enforce it.
- TEST: W the provision is sufficiently definite and certain to enable one to know his rights and
obligations thereunder.


b. Presence of a sufficient standard.
- there must be adequate guidelines or limitations in the law to map out the boundaries of the
delegated authority and prevent the delegation from running riot.
- Standard may be express (prescribed by the law itself), or implied (from the policy and purpose
of the statute considered as a whole, other laws).
- In the delegation of rate-fixing, the only standard is that the rate be reasonable and just.
Restriction on grant of judicial power
Doctrine of separation of powers also operates to restrict the exercise of judicial functions to AA.
However, it is recognized that some judicial powers may be conferred upon and exercised by AAs
without violating the Consti, provided that it be a restricted one, limited only to the efficient
administration of the statutes.