10. Delegated Powers

Exceptions:

If the acts are disapproved or reprobated by the President. If the President is required to act in person by law or by the Constitution (e.g. the power to grant pardons).

Tests for Valid Delegation

• Completeness Test – The law must be complete in itself, setting forth therein the policy to be executed, carried out, or implemented by the delegate; and
• Sufficiency Standard Test – The law must fix a standard, the limits of which are sufficiently determinate or determinable, to which the delegate must conform in the performance of his functions.

NOTE: For subordinate legislation to be valid, the Administrative Code of 1987 requires the filing of rules adopted by the administrative agencies with the UP Law Center, in addition to compliance with completeness test and sufficient standard test. (Quezon City PTCA Federation. Inc. v. DepEd, G.R. No. 188720, 23 Feb. 2016)

Q: The Kindergarten Education Act institutionalized kindergarten education, which is one (1) year of preparatory education for children at least five years old, as part of basic education, and is made mandatory and compulsory for entrance to Grade 1. On the other hand, to be at par with international standards and in line with the country’s commitment in EFA 2015, the Philippine Congress, on 15 May 2013, passed the K to 12 Law. One of its salient features is expansion of basic education from ten (10) years to thirteen (13) years, encompassing “at least one (1) year of kindergarten education, six (6) years of elementary education, and six (6) years of secondary education.

Secondary education includes four (4) years of junior high school and two (2) years of senior high school education.” Claiming that the K to 12 Basic Education Program violates various constitutional provisions, petitions were filed before the Court praying that the Kindergarten Education Act, K to 12 Law, K to 12 IRR, DO No. 31, Joint Guidelines, and CMO No. 20, be declared unconstitutional.

Are the petitioners correct?

A. NO. Contrary to petitioners’ contention, the K to 12 Law was validly enacted. Petitioner’s claim of lack of prior consultations is belied by the nationwide regional consultations conducted by DepEd pursuant to DepEd Memorandum Nos. 38 and 98, series of 2011.

There is no undue delegation of legislative power in the enactment of the K to 12 Law. In determining whether or not a statute constitutes an undue delegation of legislative power, the Court has adopted two tests: the completeness test and the sufficient standard test. Clearly, under the two tests, the K to 12 Law, read and appreciated in its entirety, is complete in all essential terms and conditions and contains sufficient parameters on the power delegated to the DepEd, CHED, and TESDA. The fact that the K to 12 Law did not have any provision on labor does not make said law incomplete.

The purpose of permissible delegation to administrative agencies is for the latter to “implement the broad policies laid down in a statute by ‘filling in’ the details which the Congress may not have the opportunity or competence to provide.” With proliferation of specialized activities and their attendant peculiar problems, the legislature has found it necessary to entrust to administrative agencies, who are supposed to be experts in the particular fields assigned to them, the authority to provide direct and efficacious solutions to these problems.

This is effected by the promulgation of supplementary regulations, such as the K to 12 IRR jointly issued by the DepEd, CHED and TESDA and the Joint Guidelines issued in coordination with DOLE, to address in detail labor and management rights relevant to implementation of the K to 12 Law. (Council of Teachers and Staff of Colleges and Universities of the Philippines v. Secretary of Education, G.R. Nos. 216930, 217451, 217725, 218045, 218098, 218123 & 218465, 09 Oct. 2018)

Delegated

• The President
• Administrative bodies
• Law-making bodies of LGUs

Flexible tariff clause

Delegation of tariff powers to the President under the flexible tariff clause [Section 28(2), Article VI, 1987 Constitution].

Flexible tariff clause: The authority given to the President, upon the recommendation of NEDA, to adjust the tariff rates under Sec. 1608 of the CMTA in the interest of national economy, general welfare and/or national security.