Romena R. Luciano | Admin Law | Atty.

Berne Guererro| AUSL | SY 2014-2015|

CHAPTER 4
SEPARATION FO ADMINISTRATIVE AND
OTHER POWERS
Doctrine of Separation of Powers

The Doctrine of Separation of Powers is a

fundamental principle in our system of
Government. It obtains not through
express provision but by actual division
in our constitution.
Allocation of Governmental Powers It
declares that Government powers are
divided among the three department of
Government broadly operates to confine
powers, precluding one branch from
exercising or invading the powers of
another.
i. Legislative powers to Legislative Dept
ii. Executive powers to Executive Dept
iii. Judicial powers to Judicial Dept
Exclusive exercise of Assigned Powers
The powers assigned to one department
should not be executed by either of the
other departments, and that no other
department ought to possess, directly or
indirectly, an overruling influence or
control over the other.
Blending of Allocated Powers Exact
delimitation of governmental powers,
however, is not possible. Thus, certain
degree of blending or admixture of the 3
powers of government, particularly in
administrative
agencies,
is
well
recognized.
Doctrine of non-delegation of powers

Doctrine of non-delegation of powers is a

necessary

corollary

of

separation

powers doctrine prohibits the

delegation of legislative power, the vesting
of judicial officers with non-judicial
functions and vice versa.
Basis potestas delegate non potest
delegari what has been delegated cannot
in turn be delegated. The doctrine rests
on the ethical principle that a delegated
power constitute not only a right but a
duty to be performed by the delegate by
the instrumentality of his own judgment
acting immediately upon the matter and
not through the intervening mind of
another.
Non-delegation of legislative power
Non-delegation

to

administrative

agencies - The general rule is that

Congress
may
not
delegate
to
administrative agencies the legislative
powers vested in it except when
authorized by the constitution. While the
rule of Non-delegation is applicable to all
three branches, it usually arises to the
grant of powers pertaining to lawmaking
because of many instances when their
delegation is made.1
Rule fixed and unalterable Nondelegation of legislative power is not
depending upon the existence of an
emergency.
An
unconstitutional
delegation of legislative power is not
brought within the limits of permissible
delegation by the establishment of
procedural safeguards, the right to
judicial review, or by the assumption that
the officer acts and will act for the public
good. Such delegation will violate not

1 Eastern Shipping Lines, Inc v POEA,

166 SCRA 533 (1988)
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Romena R. Luciano | Admin Law | Atty. Berne Guererro| AUSL | SY 2014-2015|

only the doctrine of separation of powers
but also the due process guarantee.
Doctrine of non-delegation not absolute

Delegation to administrative agencies

Many cases recognize that a particular
admin agency has legislative and judicial
power. Sometimes softened by a quasi
or stated to be in nature legislative and
judicial, and sometimes stated to be in
addition to administrative powers. It is
this
combination
in
fact,
which
principally gives rise to the need for
Administrative Law as a separate
category of law.

(a) The completeness of the statute

making the delegation; and
(b) The presence of a sufficient
standard
Illustrative Cases: US v Tang, 43 Phil
[1923]; Compana General de Tabacos
De Filipinas v The Board of Public
Utility Commissioner, 34 Phil. 136
[1916]; People vs Vera, 65 Phil 56
{1937]; Pelaez v Auditor-General, 15
SCRA 569 [1965]; Alegre v Collector of
Customs, 53 Phil 934 [1929]; Edu v
Ericta, 35 SCRA 481 [1970]; Echegaray
v Sec of Justice, 297 SCRA 754 [1998].
Delegation to administrative agencies

Need for delegation

(a) Details
and
question
beyond
capacity of legislature to determine
While the legislature may not divest
itself of its proper functions or
delegate its general legislative
authority, there are questions which
are beyond determination by the
legislature and which must be left
to the determination of executive or
administrative agencies.
(b) Matter requiring more specialized
knowledge and expertise possessed
by administrative agencies
Specialized in the particular fields
assigned to them, administrative
can deal with the problems thereof
with more expertise and dispatch
than can be expected from the
legislature or the courts of justice.
Requisites

for

delegation

The

requisites for such delegation are

In the strict sense, administrative

agencies do not possess legislative (or
judicial) power, however limited power
may be conferred to carry out the
Legislative purpose.
(1) What cannot be delegated is power
that is essentially or purely Legislative
in nature, but one which is merely
incidental
to
some
of
the
administrative powers for the exercise
of which a board of commission was
created may be delegated to admin
agency.
(2) What can be delegated is the
discretion to determine how the law
may be enforced, not what the law
shall be.2
(3) Authority to make findings of fact may
also be delegated. Fact-finding power
may be conferred for putting into
effect, suspending, or applying the
law. Except where delegation to a factfinding body empowers it to create the

2 ibid
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Romena R. Luciano | Admin Law | Atty. Berne Guererro| AUSL | SY 2014-2015|

(4)

(5)

(6)

(7)

(8)

conditions which constitute the fact,

in such case, the delegation is invalid.
Administrative
agency
may
be
authorized to fill up the details in
promoting the purposes of the
legislation and carrying it into effect.
The rule-making power must be
confined to details for regulating the
mode of proceedings to carry into
effect the law as it has been enacted.
The
Legislature
must
ordinarily
prescribe a policy, standard, or rule for
their guidance and must not vest them
with an arbitrary and uncontrolled
discretion with regard thereto. Under
the sufficient standard test, there
must
be adequate guidelines or
limitations in the law to map out the
boundaries of the delegate authority
and prevent the delegation from
running riot.3
Specific formula is not necessary for
the
guidance
of
administrative
agencies in a field where flexibility and
the adaptation of the legislative policy
to
infinitely
variable
conditions
constitute the essence of the program.
(Liberal in permitting grants of
discretion to administrative agencies)
The
standard
to
guide
and
administrative agency in the exercise
of its rule-making power may be either
express or implied. If implied, it could
be from policy and purpose of the
statute as a whole.
In delegation of a rate-fixing power,
the
only
standard
which
the
legislature is required to prescribe is
that the rate be reasonable and just,
but even in the absence of an express
requirement as to reasonableness, this
standard may be implied.4

3 Cervantes v Auditor General, 91 Phil

359 (1952); People v Rosenthal, 68
Phil 328 (1939)

(9) Under the completeness test, a statute

must be complete in itself so that by
appropriate
judicial
review
and
control, any action taken pursuant to
delegated authority may be kept within
the defined limits of the authority
conferred.
The test of completeness test has been said to
be whether the provision is sufficiently
definite and certain to enable one to know
his rights and obligations thereunder.

(10) Requirement of an express standard

to guide the exercise of discretion of
administrative agencies is subject to
exceptions
(11) The rule of non-delegation of
powers does not apply when permitted
by the Constitution (Permissible
delegation of legislative power under
the Constitution)
Sufficiency of Standards

Dependent

upon

certain

considerations - The sufficiency of

standard depends upon the nature of the
power exercised and the nature of the
right restricted by such power. It also
depends upon whether or not proper
regulation or control requires the vesting
of such discretion.
Detailed standard not required
Necessities of modern legislation dealing
with complex economic and social
problems have led to judicial approval of
broad standards for administrative
action. In many situations, detailed
standards in precise and unvarying
forms would be wholly unrealistic and
more arbitrary then a general indefinite
one.

4 Philippine Communications Satellite

Corporation v Alcuaz, 180 SCRA 386
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Romena R. Luciano | Admin Law | Atty. Berne Guererro| AUSL | SY 2014-2015|

Examples of standards held sufficient

necessity, necessary or expedient,
appropriate, reasonable, just and
reasonable,
fair
and
equitable,
sufficient, excessive profits, unduly
complicated corporate structures and
inequitable distribution of voting power,
fit or unfit, etc.
Illustrative Cases: People v Rosenthal
and Osmena, 68 Phil. 328 [1939];
Cervantes v Auditor General, 91 Phil 359
[1952]; Mutual Film Co. v Industrial
Commission of Ohio, 236 USA 230 [1914];
People v Jollife, 105 Phil 677 [1959]; Phil
Association of Colleges and Universitites v
Secretary of Education, 97 Phil 806
[1955[;
Balbuena
v
Secretary
of
Education, 110 Phil 150 [1960]; Eastern
Shipping Lines, Inc v POEA, 166 SCRA
533 [1988]; Tatad v Secretary of Energy
281 SCRA 330 [1997]
Restriction on grant of judicial power
Administrative agency may not perform
functions which are in their nature,
judicial, and possess and exercise quasijudicial powers. It is recognized, however,
that some judicial powers may be
conferred upon and exercised by the
administrative agencies without violating
the constitutional provisions inhibiting
the delegation of judicial power. This
power conferred is a restricted one,
limited to what is incidental and
reasonably necessary to the proper
and efficient administration of the
statutes that are committed to them
for administration.
Illustrative Cases: Lovina v Moreno, 9
SCRA 557 [1965]; Miller v Mardo, 2 SCRA
898 [1961]

Law where standard may be expressed or

contained
Standard may be prescribed in the law
itself The standard or limit governing
the authority and discretion of the
agency in effecting the policy of
legislation must be found in the law
itself, since only the legislature can
create such standards and limits.
Implied in the statute conferring the
power- It may be found within the
framework of the statute under which
the act is to be performed or may
inhere in its subject matter or purpose
when a particular is in terms is not
limited by any specific standards.
Standard

may

be

found

in

other

sources on pertinent legislation, or an

executive order, or in the field of law
govern the operation of the agency.

Exceptions to rule requiring standards or

guides
Uncontrolled discretion may be vested on
administrative agencies on the following
instances:
(1) In the handling of state property or
funds
(2) A power which is not directly or
exclusively a legislative one in the
exercise of which the State is
supreme and may act in its pleasure,
and which has no relation whatsoever
to personal or property rights
(3) Purely
administrative
(internal
administration)
(4) Making recommendations which bind
no
one
by
a
Board
(held

Romena R. Luciano | Admin Law | Atty. Berne Guererro| AUSL | SY 2014-2015|

administrative and not legislative)
(5) Matters in the nature of privileges as
to the using of property, the engaging
in occupations, or the committing of
acts which might well be forbidden
altogether, but which under certain
conditions may be harmless or well
managed;
(6) When it is impractible to lay down a
definitie comprehensive rule, such as
where regulation turns upon the
question of personal fitness
(7) Necessary to protect the general
welfare, moral and safety of the
public
In these situations, the standard of
reasonableness is to be applied.
Permissible delegation of legislative
power under the constitution

Delegation of strictly legislative power is

expressly authorized in the following
provisions in the constitution:
1. Sec 23 (2) Emergency Powers
2. Sec 28 (2)- Taxation Powers related to
the national development program of
the Government
3. Sec 32 Enactment of Laws by the
People
through
initiative
and
referendum
4. Sec 3 Local Government Code
(system of decentralization with
effective
mechanisms
of
recall,
initiative, and referendum)
5. Sec 5 Power of Local Government to
create its own sources of revenues
and to levy taxes, fees and charges,
subject to the guidelines and
limitation provided by the Congress
6. Sec 10 Creation, division, merging
and abolition, substantial alteration
in accordance with the criteria

established in the local government

code
7. Sec 18 Creation of the autonomous
region
8. Sec 20 Organic act of autonomous
regions
providing
for
legislative
powers

Delegation of Legislative powers to local

governments
Delegation of Legislative powers to local
governments is an exception to the
general rule against the delegation of
legislative
power
sanctioned
by
immemorial practice permits the central
legislative body to make such delegation
to local authorities. 5
It is cardinal principle in our system of
government that local affairs shall be
managed by local authorities, and general
affairs by the central authority; and hence
while the rule is also fundamental that the
power to make laws cannot be delegated, the
creation of municipalities exercising localgovernment has never been held to trench
upon the rule. Such legislation is not
regarded as a transfer of general legislation
power but rather as the grant of authority to
prescribe local regulations, according to
immemorial practice, subject of course to the
interposition of the superior in cases of
necessity.6

5 CONS., Art X
6 McQUILLIN, MUNICIPAL
CORPORATIONS, Sec 4 (3rd Ed.)
5