DELEGATION OF POWERS

 Based on the ethical principle that such delegated power constitutes not only a right but a duty
to be performed by the delegate by the instrumentality of his own judgement acting
immediately upon the matter of his own judgement and not through the intervening mind of
another.
 Potestas delegata non delegare potest – what has been delegated should not be further
delegated.
 It signifies the choice of the appropriate officials or institutions upon whom such matters of
important state business had been vested based on their sense of responsibility, accountability
and patriotism. One congress cannot yield up its own powers, much less those of other
Congresses to follow. Abdication of responsibility is not part of the constitutional design.
 The power conferred upon the legislature to make laws cannot be delegated by the department
to any other body or authority.
 {People v. Rosenthal} the theory of separation of powers is designed by its originators to secure
action and to forestall overaction which necessarily results from undue concentration of
powers, and thereby obtain efficiency and prevent despotism (tyranny).
 3 distinct ideas contributed to the principle that legislative power cannot be delegated:
1.) Doctrine of separation of powers;
2.) Due process of law – precludes the transfer of regulatory functions to private persons.
3.) Delegata potestas non potest delegari
 The ff. had come about where delegation may be allowed:
a.) Emergency powers to the President
- Even as emergency powers inherently belong to the legislature, there may be occasions
when they have been exercised by the President since as the sole official upon whom
executive power is vested, he would be in a better position to respond in a timely
manner to emergencies and fast changing developments that are crucial to the welfare,
safety or security of the nation.
- Exercise must be within the parameters set out by the constitution.
- Emergency does not create power, but it may furnish the occasion for the exercise of
power.
- Law provides that the delegation may done during war or other national emergency,
allowing the president to exercise such powers which are necessary and proper to carry
out a declared national policy for a limited period, and subject to restrictions prescribed
by Congress. Insofar as duration, if Congress doesn’t expressly take back the powers by
means of a resolution, the same shall cease upon its next adjournment.
- It would be easier for the congress to delegate its powers than to take them back.
- Section 3 of the Recovery Act is without precedent. It supplies no standards for any
trade, industry or activity. It does not undertake to prescribe rules of conduct to be
applied to particular states of fact determined by appropriate administrative procedure.
- The discretion of the President in approving or prescribing codes, and thus enacting laws
for the government of trade and industry throughout the country, is virtually
unfettered.
 - … anything that Congress may do within the limits of the commerce clause for the
betterment of business may be done by the President upon the recommendation of a
trade association by calling it a code.
- Thus, when it comes to emergency powers, we must remember that they belong to the
legislature, and it is only by valid delegation, limited as to the extent and time, that the
President may exercise them.
b.) Tariff powers to the President
- (Art 6 Consti) the congress may, by law, authorize the President to fix within specifies
limits, and subject to cut limitations and restrictions as it may impose, tariff rates,
import and export quotas, tonnage and wharfage dues, and other duties or imposts
within the framework of the national development program of the Government.
- Congress may not be able to act to changing developments in international trade and
commerce, thus it be advisable to allow the Chief Executive that ability to exercise some
authority to make necessary or desirable adjustments in tariff rates and other trade
concerns.
- Since the power is legislative in nature, there is a need for constitutional permission for
congress to delegate.
- Tariff powers: prerogative to fic tariff rates, import and export quotas, tonnage and
wharfage dues, etc.
- To allow the President to exercise tariff powers, constitution provides specified
limitations that shall be within the framework of the national development of the
Government.
- The power may be delegated not to the President directly all the time. It may be
entrusted to the appropriate functionaries in the executive department.
- Secretary of Finance acts as the alter ego of the President.
- SMA provides exceptional instance wherein it is the DTI or Agriculture Secretary who is
tasked by Congress to impose such measures. DTI Secretary has no inherent power,
even as alter ego of President, to levy tariffs and imports.
- Even the President may be considered as agent of Congress for the purpose of imposing
safeguard measure. It is the Congress, not the President, which possesses inherent
powers to impose tariffs and imposts. Without legislative authorization through statute,
the President has no power, authority or right to impose such safeguard measures
because taxation is inherently legislative, not executive.
- … through the President, to carry out a unifies national economic program and to
administer the laws of the country to the end that its economic interests would be
adequately protected.
c.) Powers to local governments
- It is the State policy to promote local autonomy.
- Local Government Code – fashioned to delineate the specific parameters and limitations
to be complied with by each LGU in the exercise of these delegated powers with the
view of making each LGU a fully functioning subdivision of the State subject to the
constitutional and statutory limitations.
- They may exercise police power under General Welfare Clause – the power of eminent
domain, and the power to tax.
 - Creation of new provinces and cities could only be done by the national legislature, not
by local governments since it entails indirectly the creation of new legislative districts.
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d.) Subordinate legislation to administrative agencies
 The legislative power shall be vested in the Congress of the Philippines which shall consist of a
Senate and a House of Representatives, except to the extent reserved to the people by the
provision on initiative and referendum (Art. 6 Consti)
 The people did not delegate the entirety if legislative power to Congress.