Powers in General

Maximo Calalang vs A.D. Williams, et al.

There is a distinction between 1) delegation of power to make the law necessarily involves a
discretion as to what it shall be, and 2) conferring an authority or discretion as to its execution
to be exercised under and in pursuance of the law.

Legislature cannot delegate its power to make the law; but it can make a law to delegate power
to determine some fact or state of things upon which the law makes, or intends to make, its own
action depend. To deny this would be to stop the wheels of government.
The delegated power, if at all, therefore, is not the determination of what the law shall be, but
merely the ascertainment of the facts and circumstances upon which the application of said law
is to be predicated. To promulgate rules and regulations on the use of national roads and to
determine when and how long a national road should be closed to traffic, in view of the condition
of the road or the traffic thereon and the requirements of public convenience and interest, is an
administrative function which cannot be directly discharged by the National Assembly. It must
depend on the discretion of some other government official to whom is confided the duty of
determining whether the proper occasion exists for executing the law.
Principle of Subordinate Legislation rigidity of separation of powers has to a large extent
been relaxed by permitting the delegation of greater powers by the legislative and vesting a
larger amount of discretion in administrative and executive officials, not only in the execution of
the law, but also in the promulgation of certain rules and regulations calculated to promote public
interest.
Express and Implied Powers

(PASEI) vs. TORRES, as Secretary of DOLE and SARMIENTO, as

Administrator of POEA G.R. No. 101279 August 6, 1992
It is noteworthy that the assailed circulars do not prohibit the petitioner from
engaging in the recruitment and deployment of Filipino landbased workers for
overseas employment. A careful reading of the challenged administrative issuances
discloses that the same fall within the "administrative and policing powers expressly
or by necessary implication conferred" upon the respondents. The power to "restrict
and regulate conferred by Article 36 of the Labor Code involves a grant of police
power. To "restrict" means "to confine, limit or stop"and whereas the power to
"regulate" means "the power to protect, foster, promote, preserve, and control with
due regard for the interests, first and foremost, of the public, then of the utility and
of its patrons".