Delegation of Powers -standard used to justify the validity of IRR: the regulation of medicine
has been a recognized standard to be admitted in med school
-legislative: makes the law
-implied standard: public safety
-judicial: implements the law
-valid exercise of police power:
-executive: executes the law
*reasonable connection with act and resolution
-Supreme in their own sphere
*to promote general welfare
GR: non-delegation of powers
Pelaez
EX:
-President has only supervisory functions
-while it is essentially legislative, it may be delegated but subject to 2
Requirements of IRR tests (completeness & sufficient standard test)
Lokin -sec 68 does not state the policy/objective of the law
Requisites for a valid administrative IRR: -did not pass completeness + sufficient standard test
1. Its promulgation must be authorized by the Legislature; Abakada
2. It must be within the scope of the authority given by the Legislature; -oversight committee should only exercise __ to prevent the violation
3. It must be promulgated in accordance with the prescribed procedure; of separation of powers
and *scrutiny is allowed
4. It must be reasonable. *investigation is allowed
Umali *legislative supervision is not allowed
-operative fact doctrine: “the actual existence of a statute prior to such Gerochi
a determination is an operative fact and may have consequences which
cannot always be erased by a new judicial declaration.” -completeness test: primary purpose of the law in this case is to have a
viable electric power industry
-sufficient standard:
Delegation to Agencies
-every law enjoys presumption of constitutionality (if one assails, then it
Tablarin should be based on clear evidence)
Dagan Delegation to Executive
-Did Philracom delegate its power to Manila Jockey Club? NO, merely Garcia v Exec Sec
a directive
-sufficient standard? YES
-no GADALEJ
*Basis: National economy, general welfare, security
Ynot
Powers of Administrative Agencies
-executive x legislative powers conferred to Marcos
Eastern Shipping Lines v. POEA
-from Consti, EO is like an act of Congress
-2 basic powers of admin agencies:
US v Nag Tang Ho
*quasi-legislative: implementing rules and regulations (notice
and hearing not required) -completeness test? NO, it doesn’t state until when the proclamation is
valid
*quasi-judicial: interpret and apply regulations (notice and
hearing required) *Act 2868 does not make it criminal
CT Torres *proclamation made it a crime
-HLURB given a quasi-legislative function of the statute -gov general delegated powers to provincial officers = IMPROPER
DELEGATION
PHILCOMSAT
Delegation of Emergency Powers by the President
-quasi-judicial function
Araneta v. Dinglasan
-valid delegation? YES
-emergency powers is limited to period during the war so Eos issued
-valid fixing of rate? NO – there should be notice or hearing after that should be declared as void because it was issued without
authority
Smart v. NTC
-exhaustion of administrative remedies; when should you exhaust? Only
applicable in quasi-judicial function Rodriguez v. Gella
-same issues w/ Araneta
-President vetoed bill that repeals all emergency powers acts
-EOs are inoperative as well. Same ruling w/ Araneta
-even if pres vetoes the House Bill, such bill is acknowledged as a
concurrent resolution (express intent of legislative to terminate power)
People v. Vera
-petitioners were saying that probation encroaches the power to grant
pardon by the pres which is executive in nature
-does probation encroach on the exec power of president? NO
- pardon (executive) v probation (judicial)
*pardon: as if no crime is committed
*probation: suspension of sentence but there is still a crime &
penalty (convict is under supervision of a probationary officer)
-undue delegation of legislative power? YES
*no standard, not complete; discretionary power given to
provincial boards
*some provinces opt to apply probation law, some opt not to
= violates EPC
-entire law is void (even if only sec 11 was struck down) because such
provision affects the entire law
-GR: if provision is void, only that provision is void; other provs may
still be valid
-EX: such provision is connected/essential to the effectivity of the
entire statute
