Delegated Powers of the President under Political Law and Public International Law

1. Definition of Delegated Powers

Delegated powers refer to those powers that the President exercises not by virtue of inherent executive powers, but because these have been delegated to him or her by another body, typically the legislature, through statutes or resolutions. These powers are conferred on the President by Congress, or in some cases, by international agreements, to carry out specific functions that are not inherently within the executive domain. Delegation allows the executive to perform certain tasks efficiently and address specific issues that require swift or specialized action.

2. Basis for Delegated Powers

The doctrine of separation of powers under the Philippine Constitution vests specific powers in each branch of government—the Legislative, Executive, and Judiciary. While executive powers are generally vested in the President under Article VII of the 1987 Constitution, there are instances where Congress may delegate certain functions to the President, especially for matters that require expertise, expediency, or flexibility in implementation. This delegation, however, is subject to constitutional limitations to prevent the undue concentration of power in one branch of government.

3. Constitutional Basis for Delegation

Article VI, Section 23 (2) of the 1987 Constitution provides a key instance where Congress may delegate power to the President:

"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."

This provision allows Congress to delegate powers to the President, particularly in emergency situations where the executive needs expanded authority to act swiftly in the national interest.

4. Requirements for Valid Delegation

Delegation of legislative power is generally disfavored because it conflicts with the doctrine of separation of powers. However, it is allowed under certain conditions, specifically:

Completeness test: The law delegating power must be complete in itself, outlining the policy to be carried out, and leaving only the execution of the law to the President or the delegated authority.
Sufficient standard test: The law must provide sufficient standards to guide the delegate in the exercise of the power. It should outline clear parameters within which the President must act, to prevent arbitrary or unguided discretion.

These tests ensure that the delegated powers do not amount to an unconstitutional abdication of legislative power.

5. Examples of Delegated Powers to the President

Emergency Powers: As discussed earlier, Congress may delegate emergency powers to the President during times of national emergency or crisis. This delegation is often done through emergency legislation that empowers the President to issue regulations, take over certain industries, or reallocate resources without the usual bureaucratic processes.

For instance, during the COVID-19 pandemic, Republic Act No. 11469 (Bayanihan to Heal as One Act) granted the President specific emergency powers to address the public health crisis, allowing for the reallocation of funds and the implementation of programs to mitigate the effects of the pandemic.
Tariff and Customs Powers: Under Section 401 of the Tariff and Customs Code, Congress has delegated to the President the power to impose tariff rates, import and export restrictions, and quotas. This delegation allows the President to respond quickly to economic conditions and foreign trade policies by adjusting tariffs and customs duties without waiting for Congress to pass legislation on each specific instance.
Delegated Powers in Public International Law: The President, as the primary representative of the Philippines in international relations, exercises certain powers delegated by Congress in relation to treaties, international agreements, and trade deals. For example, while treaty ratification requires Senate concurrence, Congress may delegate to the President the authority to negotiate and enter into executive agreements with other countries. These agreements do not require Senate approval but must still conform to Philippine law.
- Executive Agreements: These are a form of international agreement entered into by the President and do not require Senate ratification, unlike treaties. The President is often given the power to enter into these agreements under specific enabling laws or where the agreement is necessary to implement existing treaties or legislation.
Delegation of Powers under International Commitments: The President also exercises delegated powers in implementing international obligations, such as those under the World Trade Organization (WTO) or ASEAN agreements. Congress may pass enabling laws allowing the President to act in line with the Philippines’ international commitments, such as adjusting tariff rates or enacting trade measures pursuant to these multilateral agreements.
Borrowing Powers: Under the Foreign Borrowing Act (Republic Act No. 4860), Congress has delegated to the President the authority to contract foreign loans on behalf of the Republic of the Philippines. This power is subject to conditions, such as prior approval by the Monetary Board of the Bangko Sentral ng Pilipinas (BSP) to ensure that foreign loans remain within manageable levels.
Budgetary Adjustments: Under the General Appropriations Act (GAA), Congress may delegate to the President certain flexibility in the allocation and realignment of funds, particularly through the use of savings or contingency funds. For example, the President is often given authority to declare savings in one part of the budget and use them for another purpose, subject to conditions laid down in the GAA.

6. Limitations on Delegated Powers

Although Congress may delegate certain powers to the President, the delegation is always subject to limitations and must comply with constitutional safeguards:

Non-delegation doctrine: The principle of non-delegation prevents Congress from delegating powers that are inherently legislative in nature, such as making laws or deciding on policy matters. Congress may delegate only the authority to execute or implement laws, not to make them.
Judicial Review: The exercise of delegated powers by the President is subject to judicial review. The courts may strike down actions taken by the President if they are found to be in excess of the delegated authority or violate constitutional standards. For instance, if the President’s emergency powers exceed the limitations imposed by Congress, the courts may invalidate the actions.
Temporary Delegation: Delegated powers, particularly emergency powers, must be time-bound. Congress must set clear limits on the duration of the delegated authority, ensuring that the powers revert to Congress once the national emergency or specified period is over.
Accountability and Oversight: Congress retains oversight over the exercise of delegated powers. The President must report to Congress on the actions taken pursuant to the delegation, and Congress may amend, repeal, or modify the law granting the delegated authority if it deems the President’s actions inappropriate or unnecessary.

7. Conclusion

Delegated powers provide the President with the necessary tools to address pressing issues that require swift and decisive action, particularly in emergencies, economic management, and international relations. However, the delegation of power is carefully circumscribed by constitutional safeguards, including the completeness and sufficient standard tests, judicial review, and legislative oversight, to prevent the excessive concentration of power in the executive branch. The balance between efficient governance and adherence to the doctrine of separation of powers is thus maintained through these limitations.