Last week, we discussed the doctrine of separation of powers, the constitutional mandate and powers of the three (3) great branches of the government and how they collaborate and work together in the discharge of government functions. In this week’s column, we will discuss another attributes of the doctrine of separation of powers – the principle of non-delegation of powers.
The principle of non-delegation of power is based upon the ethical principle that such delegated power constitutes not only a right but also a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. It derived from the latin maxim – potestas delegatas non delegari potest – what has been delegated cannot be delegated.
The principle of non-delegation of powers is applicable to all the major powers of the Government but is especially important in the case of the legislative power because of the many instances when its delegation is permitted. The occasions are rare when the executive or judicial powers have to be delegated by the authorities to which they legally pertain. In the case of the legislative power, however, such occasions have become more and more frequent, if not necessary. This had led to the observation that the delegation of legislative power has become the rule and its non-delegation the exception. The reason is the increasing complexity of the task of government and the growing inability of the legislature to cope directly with the myriad problems demanding its attention. The growth of society has ramified its activities
Having settled that the legislative power is the most delegated power in our system of government, we will discuss one by one the instances where the same is permitted
Some of the instances where the delegation of legislative powers is permitted are as follows: (1) Delegation of tariff powers to the President; (2) Delegation of emergency powers to the President; (3) Delegation to the people at large; (4) Delegation to local governments; (5) Delegation to administrative bodies.
First is the Delegation of Tariff Powers. Article VI, Section 28 (2) of the 1987 Philippine Constitution specifically provides: 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.
This delegation of the authority to fix tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts is order for the President to act promptly and immediately on matters affecting the national economy. The Supreme Court, however, clarified that the subject of Article VI, Section 28(2) is not the power to negotiate treaties and international agreements, but the power to fix tariff rates, import and export quotas, and other taxes.[1]
Second is the Delegation of Emergency Powers. Article VI, Section 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 its next adjournment.”
The rationale behind this delegation is exigency and necessity. During war or other national emergency, it would be very difficult, if not impossible, for the members of Congress to meet and convene to discuss about matters and discharge their duties. The problems being faced by the nation during those time need to be resolved in the earliest time possible, thus, the grant of emergency powers to the President during such times is imperative.
In times of war or other national emergency, it is not likely that a quorum can be convened in the Congress to enable it to do business. Assuming such quorum, there is still the divisiveness and delay inherent in the lawmaking process that may hamper effective solution of the problems caused by the emergency. Such problems, needless to say, must be solved within the shortest possible time to prevent them from aggravating the difficulties of the nation.
Third is the Delegation to the People. This delegation of legislative power took place when the people may directly (1) propose a law or amendment of an existing law or the Constitution (Initiative); (2) when the people were asked whether they accept or reject a law (Referendum) or a proposed amendment or revision of the constitution (Plebiscite).
Fourth is the Delegation to Local Governments. All local government units – the barangays, municipalities, cities and provinces – have a legislative body of their own empowered to enact laws with their jurisdiction in the form of ordinances. This delegation recognizes the fact that local legislative bodies have more knowledge as to the needs and situation in their respective localities, thus, they would be more suitable and capable to enact the necessary laws to address the problems and matters within their respective local units.
Fifth is the Delegation to Administrative Bodies otherwise known as the power of subordinate legislation. Given the volume and variety of interactions in today’s society, it is doubtful if the legislature can promulgate law that will deal adequately with and respond promptly to the minutiae of everyday life. Hence, the need to delegate to administrative bodies – the principal agencies tasked to execute laws in their specialized fields – the authority to promulgate rules and regulations to implement a given statute and effectuate its policies.[2]
All that is required for the valid exercise of this power of subordinate legislation is that the regulation be germane to the objects and purpose of the law and that the regulation be not in contradiction to, but in conformity with the standards prescribed by the law.[3]
¹G.R. No. 170516, July 16, 2008
²G.R. No. 159796, July 17, 2007
³Idem
[1] G.R. No. 170516, July 16, 2008
[2] G.R. No. 159796, July 17, 2007
[3] Idem