In the tripartite system of the Philippine government, the Principle of Non-Delegation of Powers stands as a bedrock of constitutional law. Rooted in the maxim delegata potestas non potest delegari (what has been delegated cannot be further delegated), it ensures that the legislative power granted by the People to Congress remains where it was placed.
However, the increasing complexity of modern society has necessitated the growth of Administrative Agencies. To function effectively, these bodies require the authority to "fill in the details" of legislation. This has led to the development of the doctrine of Delegable Powers, provided specific constitutional safeguards are met.
I. The Fundamental Rule and its Rationale
Under Article VI, Section 1 of the 1987 Constitution, legislative power is vested in the Congress of the Philippines. The rationale for the prohibition against its delegation is twofold:
- Ethical/Legal: A person or body to whom power is entrusted cannot lawfully transfer that power to another.
- Functional: The legislature is chosen for its members' wisdom, patriotism, and ability to represent the will of the people.
II. The Tests for Valid Delegation
For a delegation of power to an administrative agency to be constitutionally valid, it must pass two essential tests: the Completeness Test and the Sufficient Standard Test.
1. The Completeness Test
The law must be complete in all its terms and conditions when it leaves the legislature. It must set forth the policy to be executed, leaving nothing to the delegate except the discretion as to its execution.
2. The Sufficient Standard Test
The law must provide a "standard"—a yardstick or a map—to trace the limits of the delegate’s authority. This prevents the delegate from exercising "unbridled discretion." In Philippine jurisprudence, the following have been recognized as sufficient standards:
- "Public interest"
- "Justice and equity"
- "Public convenience and welfare"
- "Simplicity, economy, and efficiency"
III. Permissible Delegations
While the general rule is non-delegation, the Supreme Court recognizes specific exceptions where delegation is not only permitted but necessary:
- Delegation to Local Government Units (LGUs): Based on the principle of local autonomy; LGUs exercise police power through their respective sanggunians.
- Delegation to the President: Specifically regarding tariff rates, import/export quotas, and tonnage/wharfage dues (Art. VI, Sec. 28[2]) or emergency powers in times of war or national emergency (Art. VI, Sec. 23[2]).
- Delegation to Administrative Bodies: Often referred to as "Power of Subordinate Legislation." Agencies can issue rules and regulations to implement a law.
- Delegation to the People: Through initiative and referendum.
IV. Powers of Administrative Agencies
Administrative bodies exercise three primary types of power:
| Power Type | Description |
|---|---|
| Quasi-Legislative | The power to make rules and regulations (Rule-Making Power). These rules have the force and effect of law if they are germane to the objects of the law and do not contradict the Constitution. |
| Quasi-Judicial | The power to hear and determine questions of fact and apply the law to those facts (Adjudicatory Power). |
| Determinative | Incidental powers such as the "Enabling Power" (granting licenses) or "Directing Power" (issuing orders). |
V. Limitations on the Power of Subordinate Legislation
Administrative agencies do not have absolute freedom. Their rule-making power is strictly limited by the following:
- The Statute Itself: An administrative rule cannot go beyond the "scope and soul" of the legislative act. It cannot expand or restrict the law.
- Publication: Under Article 2 of the Civil Code and the Administrative Code of 1987, rules must be published (usually in the Official Gazette or a newspaper of general circulation) and filed with the Office of the National Administrative Register (ONAR) to be effective.
- Reasonableness: Rules must not be arbitrary or oppressive.
- Prohibition against Penalties: An administrative agency cannot provide for a criminal penalty unless the law itself expressly prescribes a penalty for the violation of its rules.
VI. Judicial Review of Delegated Power
The Judiciary maintains the power of review over administrative actions through the Doctrine of Judicial Supremacy. Courts can strike down administrative acts if:
- There is a Grave Abuse of Discretion amounting to lack or excess of jurisdiction.
- The agency acted Ultra Vires (beyond its powers).
- There is a violation of Administrative Due Process (the right to a notice and hearing, a "substantial evidence" basis for decisions, and an impartial tribunal).
Conclusion
In the Philippine legal landscape, the delegation of power is a practical necessity that balances the rigidity of the separation of powers with the complexities of modern governance. However, the "Completeness" and "Sufficient Standard" tests serve as the ultimate guardians, ensuring that the legislative "baton" is never fully surrendered, only lent for the purpose of efficient execution.