CHAPTER 7 DELEGATION OF POWERSPotestas delegate non delegari potest What has been delegated cannot be delegated. Based upon the principle that such delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. Further delegation would constitute violation of the trust reposed upon the delegate Applicable to all major powers of the government but is especially important in the case of the legislative power Delegation of legislative power has become the rule and its non-delegation the exception why? increasing complexity of the task of the government and the growing inability of the legislature to cope directly with the many problems demanding its attention. Specialization in legislation has become necessary. (e.g. LTFRB)Permissible Delegation1. Delegation of tariff powers to the President2. Emergency power to the President3. To the people at large4. To local government5. To administrative bodiesTariff PowersSec. 28(2) - The Congress may, by law, authorize the President to fix within specified limits, and subject to such 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. Reason: necessity and expediency of giving the president the authority to act immediately on certain matter affecting the national economy lest delay result in hardship to the people. Akbayan v. Aquino this provision should not be considered as a source of power of the president to negotiate international trade agreements (only power to fix tariff rates, import and export quotas and other taxes)Emergency PowersSec. 23 (2) - In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof. Reason: unlikeliness that a quorum can be convened in Congress in times of war and the delay inherent in the lawmaking process that may hamper effective solution of the problems caused by the emergency. When emergency powers are delegated to the President, he becomes in effect a constitutional dictator. But in strict legal theory, there is no total abdication of legislative authority in his favor.Conditions: 1. War or other national emergency2. Limited period3. Subject to restrictions as the Congress may prescribe4. Exercised to carry out national policy as declared by the Constitution. Self-liquidating unless sooner withdrawn in the sense that they will automatically cease upon the end of the emergency that justified their delegation. Other national emergency includes rebellion, economic crisis, pestilence or epidemic, typhoon, flood, or other similar catastrophe of nationwide proportions. Delegation of emergency powers not mandatory on the Congress. (emergency itself cannot and should not create power) Emergency, in order to justify delegation, must be temporary or it cannot be said to be an emergency Read Emergency Powers Cases Section 17 of Article XII of the Constitution provides: In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest. In David v. Arroyo The President may not invoke this provision to authorize him during emergency to temporarily take over or direct the operation of any privately owned public utility or business affected with public interest without authority from Congress. However in Divinagracia v. Consolidated Broadcasting System, Inc. SC acknowledged that the President has been authorized to exercise considerable infringements on the right of franchisees to operate their enterprises, citing as justification Section 17 Article XII of the Constitution. Among the laws referred to by the Court is Section 5 of RA 7477Delegation to the People According to Cooley, the prevailing doctrine in the courts appears to be that except in cases where by the Consitution, the people have expressly reserved to themselves a power of decision, the function of legislation cannot be exercised by them, even to the extent of accepting or rejecting a law which has been framed for their consideration. the people have voluntarily surrendered that power when they adopted the Constitution. People v. Vera courts have sustained the delegation of legislative power to the people at large, although it added that some authorities maintain that this may not be done. RA 6735 defined referendum as the power of the electorate to approve or reject a legislation through election called for the purpose while plebiscite is the electoral process by which an initiative on the Constitution is approved or rejected by the people.

Delegation to Local Governments Based on the recognition that local legislatures are more knowledgeable than the national lawmaking body on matters purely local concern and are in a better positon to enact necessary legislation. It is a cardinal principle of our system of government that local affairs shall be managed by local authorities and general affairs by the central authority Creation of municipalities exercising local self-government has never been held to trench upon the rule of non delegation of rule making power. Such legislation is not regarded as a transfer of general legislative power, but rather as the grant of the authority to prescribe local regulations subject to the interposition of the superior in cases of necessity. Power of eminent domain and ,under the general welfare clause, the police power have been expressly delegated by the legislature to the local lawmaking bodies. However, the power of taxation is derived by them directly from the constitution, subject only to limitations that may be imposed by the Congress.Delegation to Administrative Bodies Reason: proliferation of specialized activities and their attendant peculiar problems