3. Delegation of Powers

Principle of Non-Delegability

GR: What has been delegated cannot be delegated.

It is based upon the ethical principle that such delegated power constitutes not only as a right, but also as a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. A further delegation of such power, unless permitted by the sovereign power, would constitute a negation of this duty in violation of the trust reposed in the delegate. (Cruz, 2014)

XPNs:

• Delegations to the People at large;
• R.A. No. 6735 – The Initiative and Referendum Act as authorized by the constitutional mandate for the creation of a system of legislation by initiative and referendum; and
• A plebiscite is required in the creation, division, merger, abolition of province, city, municipality, or barangay or the substantial alteration of its boundary.

NOTE: These are more of reservations of power by the people than delegations considering the fact that the people are repositories of all governmental powers.

• Emergency powers of the President, as authorized by Congress under Article VI, Section 23(2) of the 1987 Constitution;
• Tariff powers of the President; (Sec. 28(2), Art. VI, 1987 Constitution)
• Delegation to local governments; (Sec. 3, Art. X, 1987 Constitution) and
• Delegation to administrative bodies of the power of subordinate legislation. (Cruz, 2014)

Updated: Administrative rulemaking requires a statutory declaration of policy and adequate standards to prevent the delegate from making the law itself (Province of Pampanga v. Executive Secretary Alberto Romulo, G.R. No. 195987, 12 January 2021).

Tariff Powers

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. (Sec. 28 (2), Art. VI, 1987 Constitution)

Purpose for delegation:

• To broaden the local power base
• To make the units more responsive and accountable
• To ensure the full development of LGUs into self-reliant communities
• To break the monopoly of the national government over managing local affairs
• To relieve the national government from the burden of managing local affairs
• Political Autonomy or Decentralization of Power - grants LGUs autonomy over local affairs within the powers allocated by the Constitution and law; it is not an abdication of national governmental authority (1987 Constitution, Art. X, Sec. 3).
• Deconcentration - it is the transfer of power, authority or responsibility, or the discretion to plan, decide, and manage from central point or local levels, but within the central or national government itself. The nature of the transfer is administrative and the approach is sectoral.
• Debureaucratization - it is the transfer of some public functions and responsibilities, which the government may perform, to private entities or NGOs, it is people’s empowerment or participation in local governance.

Substantive Limitations

Circumscribe both the exercise of the power itself and the allowable subject of legislation (i.e. non-delegation).

Grant by Congress of authority to the President to impose tariff rates

Delegation of tariff powers to the President under the Flexible Tariff Clause [Section 28(2), Article VI, 1987 Constitution], which authorizes the President to modify import duties [Section 1608, Customs Modernization and Tariff Act (CMTA)].