Chapter - Delegation of Powers

POTESTAS DELEGATA NON DELEGARI POTEST - Conditions/Requisites
- What has been delegatedd cannot be delegated. o There must be a war or other national emergency
- It is based upon tge ethical principle that such delegated power o The delegation must be for a limited period of time
constitutes not only a right but a duty to be performed by the delegate o The delegation must be subject to restrictions as the congress
through the intrumentality of his own judgment and not through the may prescribe
intervening mind of another. o The emergency powers must be exercised to carry out a
national policy declared by the Congress.
The principle "potestas delegata non delegari potest" means “what has been 3. Delegation to the People at Large
delegated cannot be delegated”. In simple terms, if someone has been given a - refers to instances where the citizens themselves are given direct
specific power or responsibility, they cannot pass that power on to another power to decide on important national matters. This usually happens
person. This is important in to ensure that the person originally chosen or through referendums or plebiscites, where people vote on specific
trusted to carry out a duty does it themselves. issues instead of leaving the decision to elected officials.
- Referendum is “the power of the electorate to approve or reject a
The reason behind this rule is ethical. When power is delegated to someone, it's legislation through an election called for the purpose,” while a
not just a right but also a responsibility that must be fulfilled. The person who plebiscite is “the electoral process by which an initiative on the
receives this power is expected to use their own judgment and decisions, not Constitution is approved or rejected by the people.”
rely on someone else to make those choices for them. - Referendum – approval of the new Constitution after the People Power
Revolution
This principle helps maintain accountability and ensures that important - Plebescite – 2001 creation of the ARMM Autonomous Region in Muslim
decisions are made by those who were specifically selected to handle them. It Mindanao
prevents the risk of power being passed around without proper oversight or 4. Delegation to Local Governments
control. - This traditional exception is based on the recognition that local
legislatures are more knowledgeable than the national law making
PERMISSIBLE DELEGATION body on matter purely local concern and are therefore in a better
- Delegation of legislative powers is permitted in the following cases: position to enact necessary and appropriate legislation thereon.
1. Delegation of tariff powers to the President Examples, the power of eminent domain and the police power have
- Article 2, Section 28 been expressly delegated by the legislature to the local government
- The President is granted standby or flexible tariff powers by Congress. lawmaking bodies.
The reason for this delegation is the necessity, not to say expediency, 5. Delegation to Administrative Bodies
giving the chief executive the authority to act immediately on certain - Delegation to administrative bodies means that government or higher
matters affecting national economy lest delay result in hardship to the authorities give specific tasks and powers to specialized agencies or
people. organizations to manage certain activities. Instead of handling
2. Delegation of Emergency Powers to the President everything themselves, they let these administrative bodies make
- Article 2, Section 23 decisions or enforce rules in specific areas.
- Delegation of emergency powers to the President allows quick action - Examples are, SEC, PhilHealth, DENR, CSC, ERC.
during crises, like war or natural disasters, without needing Congress's
approval. For example, the President can deploy the military Test of Delegation
domestically to maintain order or assist in disaster relief, such as - SC states that “all that is required for the valid exercise of this power of
during Hurricane Katrina. These powers are temporary and end once subordinate legislation is that the regulation be germane to the objects
the emergency is over. and purposes of the law and that the regulation be not in contradiction
- to, but in conformity with, the standards prescribed by the law.
1. The Completeness Test
- Ideally, the law must be complete in all its essential terms and
conditions when it leaves the legislature so that there will be nothing
left for the delegate to do when it reaches him except enforce it.
- Example: US vs Ang Tang Ho
2. The Sufficient Standard Test
- A sufficient standard is intended to map out the boundaries of the
delegate’s authority by defining the legislative policy and indicating
circumstances under which it is to be pursued and effected.
- To be sufficient, the standard must specify the limits of the delegate’s
authority, announce the legislative policy and identify the conditions
under which it is to be implemented.

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POTESTAS DELEGATA NON DELEGARI POTEST - Conditions/Requisites

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