Principle of Non-Delegability of Legislative Power

Legislative power, as vested in the Congress of the Philippines by the Constitution (Article VI, Section 1), is the authority to enact laws. This power is considered supreme within its sphere and cannot be delegated to any other body or agency unless authorized by the Constitution itself. This principle is known as the "Doctrine of Non-Delegability of Legislative Power."

Rationale for Non-Delegability

Separation of Powers: Under the constitutional doctrine of the separation of powers, the legislative, executive, and judicial branches of government have distinct and non-overlapping functions. The legislative branch creates laws, the executive enforces them, and the judiciary interprets them. Delegating legislative power to another branch or body would violate this principle.
Responsibility and Accountability: The Constitution vests legislative power in Congress because the people elect their representatives to legislate on their behalf. Delegating this power would dilute the accountability of lawmakers to their constituents.

Exceptions to the Principle of Non-Delegability

The rule on non-delegability is not absolute. Several exceptions have been recognized, both by the Constitution itself and by jurisprudence. These exceptions allow the delegation of certain legislative powers under limited conditions. The most notable exceptions include:

1. Delegation to Local Government Units (LGUs)

Under the Local Government Code (Republic Act No. 7160), Congress delegates certain legislative powers to local government units (LGUs). This is authorized by the Constitution itself (Article X, Section 5) and is an exception to the principle of non-delegability.

Constitutional Basis: Article X, Section 5 of the 1987 Constitution provides that "Each local government unit shall have the power to create its own sources of revenue and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide."
Scope: Local governments can enact ordinances, pass resolutions, and create taxes, subject to statutory limitations provided by Congress.

2. Delegation to the President (Emergency Powers)

The Constitution allows Congress to delegate certain powers to the President in times of national emergency or war. This is provided under Article VI, Section 23(2) of the Constitution, which states:

"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."

Nature: The delegation of emergency powers is a temporary measure to address extraordinary situations. Congress typically enacts a law defining the scope of powers and the duration for which the President can exercise them.

3. Delegation to Administrative Agencies

Congress may delegate rule-making authority to administrative agencies, as long as it provides sufficient standards to guide the exercise of such authority. This is known as subordinate legislation and is considered an exception to the non-delegability rule.

Tests for Valid Delegation: For the delegation to administrative agencies to be valid, two conditions must be met:
1. Completeness Test: The law delegating the power must be complete in itself and must set out the policy to be carried out.
2. Sufficient Standard Test: The law must prescribe adequate standards that guide the agency in implementing the legislative intent.
Rationale: Congress recognizes that certain matters require technical expertise or detailed management (e.g., taxation, labor relations, energy regulation), which administrative agencies are better equipped to handle.

4. Tariff Powers Delegated to the President

Article VI, Section 28(2) of the Constitution provides that Congress may delegate to the President the authority to fix tariff rates, import and export quotas, and other trade restrictions, within the framework set by Congress. This exception is based on the recognition that tariff and trade matters are subject to rapid changes, necessitating swift and flexible responses.

Limits: Congress usually provides guidelines for the exercise of this power, including the range of tariff rates that the President can impose or adjust.

5. Delegation to the People (Plebiscites and Referenda)

Congress may also delegate power directly to the people through plebiscites and referenda. This is an exception rooted in direct democracy, where citizens have the opportunity to make decisions on certain issues through a direct vote.

Constitutional Basis: Article VI, Section 32 of the Constitution mandates that Congress shall provide for a system of initiative and referendum to allow the people to directly propose and enact laws or reject any act or law passed by Congress or the local legislative body.

6. Delegation to the Judiciary (Judicial Rule-Making Power)

Although the legislative power to create laws is non-delegable, Congress has recognized the judiciary's authority to promulgate rules concerning procedure in courts. This delegation is based on the judiciary’s constitutional power under Article VIII, Section 5(5), which grants the Supreme Court the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts.

7. Delegation to International Bodies or Treaties

Under Article VII, Section 21 of the Constitution, the President may enter into treaties or international agreements with the concurrence of the Senate. These treaties, when ratified, can have the effect of domestic law, especially in cases where the treaty is self-executing. In this sense, Congress effectively allows international bodies or treaty agreements to have legislative effects within the domestic sphere.

Illustrative Jurisprudence on Delegation of Legislative Power

People v. Vera (1937): This case established the principle that delegation of legislative power is generally impermissible unless exceptions are provided by the Constitution. It invalidated the delegation to the provincial boards of the authority to decide which municipalities would be subject to the probation law.
Abakada Guro Party List v. Ermita (2005): In this case, the Supreme Court upheld the delegation of tariff-setting power to the President, recognizing that Congress may delegate powers to adjust tariff rates, as long as it sets the parameters for their exercise.
Tolentino v. Secretary of Finance (1994): The Supreme Court upheld the delegation of certain tax powers to the Secretary of Finance. Congress provided clear standards on how the Secretary should implement Value Added Tax (VAT) law provisions, making the delegation valid under the sufficient standard test.

Conclusion

While legislative power is generally non-delegable under the 1987 Philippine Constitution, various exceptions to this principle exist, grounded in practicality and constitutional mandates. These include delegation to local governments, administrative agencies, the President during emergencies, and the people through referenda. For such delegations to be valid, Congress must set adequate standards and clear parameters to guide the exercise of delegated powers, ensuring that the delegating body remains accountable to the people.