LEGISLATIVE plenary, and limited only by the

Constitution, any attempt to limit the

ARTICLE VI, Sec. 1
powers of future Congresses via an
The legislative power shall be vested irrepealable law is not allowed.
in the Congress of the Philippines
Meaning they cannot pass laws that
which shall consist of a Senate and a
are irrepealable or cannot be altered,
House of Representatives, except to
changed .
the extent reserved to the people by
the provision on initiative and An irrepealable law is one that cannot
referendum. be legally removed or reversed, but
this concept is generally not
1.Define Legislative Power
recognized in modern legal systems,
-The authority to make laws and to especially in constitutional
alter or repeal them. law, because it would limit the future
powers of the legislature and
Classification of legislative power: contravene the principle that every
(O De CO) legislature has the authority to
1. Original – Possessed by the change, alter, or repeal existing laws.
people in their sovereign Congress, as a general rule, cannot
capacity delegate its legislative power. Since
2. Delegated – Possessed by the people have already delegated
Congress and other legislative legislative power to Congress, the
bodies by virtue of the latter cannot delegate it any further.
Constitution EXCEPTIONS:
3. Constituent – The power to Delegation of legislative power to local
amend or revise the government units;
Constitution
Instances when the Constitution itself
4. Ordinary – The power to pass allows for such delegation [see Art. VI
ordinary laws Sec. 23(2)]
Note: b. Limitations on the Power:
Substantive – limitations on the
The original legislative power of the people
content of laws. E.g. no law shall be
is exercised via initiative and referendum.
passed establishing a state religion.
In this manner, people can directly propose
and enact laws, or approve or reject any act Procedural – limitations on the manner
or law passed by Congress or a local of passing laws. E.g. generally, a bill
must go through three readings on
government unit.
three separate days.
A.Can the Congress pass Note:Provided that these two
irrepealable laws? limitations are not exceeded,
Congress cannot pass irrepealable Congress’ legislative power is plenary.
laws. Since Congress’ powers are 1. Substantive
Art. III, Sec. 4, 5, 10, 19, 22, among 2. Procedural
others
To be discussed in Art. VI, Sec. 26 and
Section 4. No law shall be passed 27
abridging the freedom of speech, of
AS YOU GO THROUGH THE
expression, or of the press, or the right
CONSTITUTION, LOOK FOR OTHER
of the people peaceably to assemble
RESTRICTIONS (I.E., "NO LAW SHALL
and petition the government for
BE PASSED" AND OTHER SIMILAR
redress of grievances.
WORDINGS.) MAKE A LIST FOR THIS.
Section 5. No law shall be made
2. Non-Delegation - explain this
respecting an establishment of
doctrine. Who delegated
religion, or prohibiting the free
legislative powers to the
exercise thereof. The free exercise and
legislature il he first place, which
enjoyment of religious profession and
would prohibit the congress from
worship, without discrimination or
further delegation'
preference, shall forever be allowed.
No religious test shall be required for *legislative power is delegated to the
the exercise of civil or political rights. Legislature (Congress) by the
Constitution, which is enacted by the
Section 10. No law impairing the
people. The Philippine Constitution
obligation of contracts shall be passed.
itself establishes the Congress,
Section 19. consisting of the Senate and the
House of Representatives, as the body
Excessive fines shall not be imposed,
responsible for making laws, a power
nor cruel, degrading or inhuman
granted to it by the sovereign will of
punishment inflicted. Neither shall
the Filipino people through the
death penalty be imposed, unless, for
Constitution.
compelling reasons involving heinous
crimes, the Congress hereafter Principle of Non-Delegation of Powers,
provides for it. Any death penalty as expressed in the Latin
already imposed shall be reduced to maxim: potestas delegata non
reclusion perpetua. delegari potest which means "what
has been delegated, cannot be
The employment of physical,
delegated."38 This doctrine is based
psychological, or degrading
on the ethical principle that such as
punishment against any prisoner or
delegated power constitutes not only a
detainee or the use of substandard or
right but a duty to be performed by
inadequate penal facilities under
the delegate through the
subhuman conditions shall be dealt
instrumentality of his own judgment
with by law.
and not through the intervening mind
Section 22. No ex post facto law or bill of another.
of attainder shall be enacted.
With respect to the Legislature,
Art. VI, Sec. 31 Section 1 of Article VI of the
Constitution provides that "the
Section 31. No law granting a title of Legislative power shall be vested in
royalty or nobility shall be enacted. the Congress of the Philippines which
shall consist of a Senate and a House that the delegation itself is valid. It is
of Representatives." The powers which valid only if the law (a) is complete in
Congress is prohibited from delegating itself, setting forth therein the policy
are those which are strictly, or to be executed, carried out, or
inherently and exclusively, legislative. implemented by the delegate; and (b)
Purely legislative power, which can fixes a standard — the limits of which
never be delegated, has been are sufficiently determinate and
described as the authority to make a determinable — to which the delegate
complete law – complete as to the must conform in the performance of
time when it shall take effect and as his functions. A sufficient standard is
to whom it shall be applicable – and to one which defines legislative policy,
determine the expediency of its marks its limits, maps out its
enactment. Thus, the rule is that in boundaries and specifies the public
order that a court may be justified in agency to apply it. It indicates the
holding a statute unconstitutional as a circumstances under which the
delegation of legislative power, it must legislative command is to be effected.
appear that the power involved is
Tests for a Valid Delegation
purely legislative in nature – that is,
one appertaining exclusively to the I.Completeness Test and the Sufficient
legislative department. It is the Standard Test. The Completeness Test
nature of the power, and not the requires a law to be complete in its
liability of its use or the manner essential terms and conditions when it
of its exercise, which determines leaves the legislature, leaving only the
the validity of its delegation. enforcement for the delegate. The
Sufficient Standard Test requires that
NONETHELESS, THE GENERAL RULE
the law provide adequate guidelines or
BARRING DELEGATION OF LEGISLATIVE
limitations to define the boundaries of
POWERS IS SUBJECT TO THE
the delegate's authority, preventing
FOLLOWING RECOGNIZED LIMITATIONS
them from making laws themselves.
OR EXCEPTIONS:
A.Emmanuel PELAEZ vs. AUDITOR
1.Delegation of tariff powers to the
GENERAL, G.R. No. L-23825
President under Section 28 (2) of
Article VI of the Constitution; FACTS:
2.Delegation of emergency powers to the President of the Philippines,
the President under Section 23 (2) of purporting to act pursuant to Section
Article VI of the Constitution; 68 of the Revised Administrative Code,
issued Executive Orders creating 33
3.Delegation to the people at large;
municipalities
4.Delegation to local governments;
petitioner Emmanuel Pelaez, as Vice
and
President of the Philippines and as
5.Delegation to administrative bodies. taxpayer, instituted a special civil
action, for a writ of prohibition with
3. Permissible Delegation:
preliminary injunction, against the
In every case of permissible Auditor General, to restrain him, as
delegation, there must be a showing well as his representatives and agents,
from passing in audit any expenditure (b) fix a standard – the limits of which are
of public funds in implementation of sufficiently determinate or determinable – to
said executive orders and/or any which the delegate must conform in the
disbursement by said municipalities. performance of his functions.

Petitioner alleges that said executive In this case, Sec. 68 lacked any such standard
orders are null and void, upon the and it does not meet these well settled
ground that said Section 68 has been requirements for a valid delegation of the power
impliedly repealed by Republic Act No. to fix the details in the enforcement of a law. It
2370 and constitutes an undue does not enunciate any policy to be carried out
delegation of legislative power. or implemented by the President. Indeed,
without a statutory declaration of policy, the
The third paragraph of Section 3 of delegate would, in effect, make or formulate
Republic Act No. 2370, provides that; such policy, which is the essence of every law;
Barrios shall not be created or their and, without the aforementioned standard, there
boundaries altered nor their names would be no means to determine, with
changed except under the provisions reasonable certainty, whether the delegate has
of this Act or by Act of Congress. acted within or beyond the scope of his
authority.
Petitioner argues, accordingly: "If the
President, under this new law, cannot Further, although Sec. 68 provides the qualifying
even create a barrio, how can he clause “as the public welfare may require” –
create a municipality which is which would mean that the President may
composed of several barrios, since exercise such power as the public welfare may
barrios are units of municipalities?" require – is present, still, such will not replace
the standard needed for a proper delegation of
Respondent answers in the affirmative, power. In the first place, what the phrase “as the
upon the theory that a new public welfare may require” qualifies is the text
municipality can be created without which immediately precedes hence, the proper
creating new barrios, such as, by interpretation is “the President may change the
placing old barrios under the seat of government within any subdivision to
jurisdiction of the new municipality. such place therein as the public welfare may
require.” Only the seat of government may be
ISSUE: Whether or not the power to changed by the President when public welfare so
create barrio has been duly delegated requires and NOT the creation of a municipality.
by Congress to the President.
The Supreme Court declared that the power to
RULING: NO. There was no delegation here. create municipalities is essentially and eminently
Although Congress may delegate to another legislative in character not administrative (not
branch of the government the power to fill in the executive).
details in the execution, enforcement or
administration of a law, it is essential, to prevent b. YNOT vs. IAC, G.R. No. 74457
a violation of the principle of separation of
FACTS:
powers, that said law:
EO 626 was an existing law prohibiting
(a) be complete in itself – it must set forth
the slaughtering of carabaos.
therein the policy to be executed, carried out or
implemented by the delegate; and President Marcos strengthened this
law by issuing EO 626- which banned
the movement of carabaos and RULING: YES. EO 626-A created a
carabeef from one province to another. presumption based on the judgment of
the executive.
The petitioner had transported six
carabaos in a pump boat from The president’s legislative power
Masbate to Iloilo on January 13, 1984, under Amendment No. 6 of the 1973
when they were confiscated by the Constitution provides that whenever in
police station commander of Barotac his judgment there existed a grave
Nuevo, Iloilo. emergency or a threat or imminence
thereof or whenever the legislature
He was charged for violation of EO
failed or was unable to act adequately
626-A
on any matter that in his judgment
Petitioner argues that EO 626-A is required immediate action, he could,
unconstitutional for its penalty is in order to meet the exigency, issue
invalid because it is imposed without decrees, orders or letters of instruction
according the owner a right to be that were to have the force and effect
heard before the court as guaranteed of law.
by due process.
The movement of carabaos from one
There is also challenge to the improper area to the other does not mean a
exercise of the legislative power by subsequent slaughter of the same
the former President under would ensue. Ynot should be given the
Amendment No. 6 of the 1973 right to defend himself and explain
Constitution. why the carabaos are being
transferred before they can be
Amendment No. 6. confiscated.
It was provided thereunder that WHEREFORE, Executive Order No. 626-
whenever in his judgment there A is hereby declared unconstitutional.
existed a grave emergency or a threat Except as affirmed above, the decision
or imminence thereof or whenever the of the Court of Appeals is reversed.
legislature failed or was unable to act
adequately on any matter that in his
judgment required immediate action,
he could, in order to meet the
exigency, issue decrees, orders or c. TATAD vs. SECRETARY OF
letters of instruction that were to have ENERGY, G.R. No. 124360
the force and effect of law.
FACTS:
The petitioner appealed the decision
Prior to 1971, there was no
to the Intermediate Appellate Court,
government agency regulating the oil
which upheld the trial court, and he
industry other than those dealing with
has now come before us in this
ordinary commodities. Oil companies
petition for review on certiorari.
were free to enter and exit the market
ISSUE:Whether or not the president without any government interference.
improperly exercised his legislative
There were four (4) refining companies
power in executing EO 626
(Shell, Caltex, Bataan Refining
Company and Filoil Refining) and six deregulation at the end of March 1997
(6) petroleum marketing companies is mandatory and the Executive has no
(Esso, Filoil, Caltex, Getty, Mobil and discretion to postpone it for any
Shell), then operating in the country. 2 purported reason. Thus, the law is
complete on the question of the final
In 1971, the country was driven to its knees by a
date of full deregulation.
crippling oil crisis. The government, realizing
that petroleum and its products are vital to The discretion(choice,option) given to
national security and that their continued supply the President is to advance the date of
at reasonable prices is essential to the general full deregulation before the end of
welfare, enacted laws to accommodate March 1997.
innovations in the oil industry.
Section 15 lays down the standard to
In March 1996, Congress took the audacious guide the judgment of the President —
step of deregulating the downstream oil industry. he is to time it as far as
It enacted R.A. No. 8180, entitled the practicable when the prices of crude
"Downstream Oil Industry Deregulation Act of oil and petroleum products in the
1996." Under the deregulated environment, "any world market are declining and when
person or entity may import or purchase any the exchange rate of the peso in
quantity of crude oil and petroleum products relation to the US dollar is stable.
from a foreign or domestic source, lease or own
and operate refineries and other downstream oil The Court found that the
facilities and market such crude oil or use the provisions on tariff differential,
same for his own requirement," subject only to inventory reserves, and predatory
monitoring by the Department of Energy. prices imposed substantial
barriers to the entry and exit of
On February 8, 1997, the President implemented new players in the downstream oil
the full deregulation of the Downstream Oil industry, thereby violating the
Industry through E.O. No. 372. constitutional mandate against
The petitions at bar assail the constitutionality of monopolies and restraint of trade.
various provisions of R.A No. 8180 and E.O. IN VIEW WHEREOF, the petitions
No. 372. are granted. R.A. No. 8180 is
ISSUE: whether or not section 15 of declared unconstitutional and E.O.
RA 8180 violates the constitutional No. 372 void.
prohibition on undue delegation of d. US vs. ANG TANG HO, G.R. No.
power; L-17122
RULING: FACTS:
NO. Section 15 can hurdle both the Philippine Legislature passed Act No.
completeness test and the sufficient 2868, entitled "An Act penalizing the
standard test. monopoly and holding of, and
It will be noted that Congress speculation in, palay, rice, and corn
expressly provided in R.A. No. 8180 under extraordinary circumstances,
that full deregulation will start at the regulating the distribution and sale
end of March 1997, regardless of the thereof, and authorizing the Governor-
occurrence of any event. Full General, with the consent of the
Council of State, to issue the direct vote of the people of the
necessary rules and regulations Philippine Islands.
therefor, and making an appropriation
On the other hand, if the Act within
for this purpose
itself does not define crime, and is not
Ang Tang Ho was charged of a a law, and some legislative act
violation of Executive Order No. 53 for remains to be done to make it a law or
selling overpriced rice to Pedro a crime, the doing of which is vested
Trinidad at the price of 80 centavo per in the Governor-General, then the Act
one ganta of rice, which is a price is a delegation of legislative power, is
greater than that fixed by Executive unconstitutional and void.
Order No. 53.
e. TIO vs. VIDEOGRAM
he was tried, found guilty and REGULATORY BOARD, G.R. No.
sentenced to five months' 75697
imprisonment and to pay a fine of
VALENTIN TIO doing business under
P500,
the name and style of OMI
he appealed to this court, claiming ENTERPRISES, petitioner,
that the lower court erred in finding vs.
Executive Order No. 53 of 1919 VIDEOGRAM REGULATORY BOARD,
MINISTER OF FINANCE, METRO MANILA
ISSUE: Whether or not Act 2868
COMMISSION, CITY MAYOR and CITY
delegate legislative power to the
TREASURER OF MANILA, respondents.
Governor-General
FACTS:
RULING: NO. By the Organic Law, all
Legislative power is vested in the Presidential Decree No. 1987 entitled
Legislature, and the power conferred "An Act Creating the Videogram
upon the Legislature to make laws Regulatory Board" is vested with
cannot be delegated to the Governor- broad powers to regulate and
General, or anyone else. supervise the videogram industry
The Legislature cannot delegate the a month after the promulgation of the
legislative power to enact any law. If abovementioned decree, Presidential
Act no 2868 is a law itself, and it does Decree No. 1994 amended the
nothing more than to authorize the National Internal Revenue Code
Governor-General to make rules and imposing a tax on video tapes.
regulations to carry the law into effect,
Valentin Tio filed the petition
then the Legislature itself created the
challenging the constitutionality of the
law.
decree.
There is no delegation of power and it
the Greater Manila Theaters
is valid.
Association, Integrated Movie
By the terms of the Organic Act, Producers, Importers and Distributors
subject only to constitutional Association of the Philippines, and
limitations, the power to legislate and Philippine Motion Pictures Producers
enact laws is vested exclusively in the Association, hereinafter collectively
Legislative, which is elected by a referred to as the Intervenors, were
permitted by the Court to intervene in have the sole power to declare the
the case existence of a state of war.
ISSUE: Whether or not there is factual In times of war or other national
nor legal basis for the exercise by the emergency, the Congress may, by law,
President of the vast powers conferred authorize the President, for a limited
upon him by Amendment No. 6 period and subject to such restrictions
as it may prescribe, to exercise powers
necessary and proper to carry out a
declared national policy. Unless sooner
withdrawn by resolution of the
RULING: Congress, such powers shall cease
YES. the Intervenors and the Solicitor upon the next adjournment thereof.
General's Office aver that the 8th
"whereas" clause sufficiently
summarizes the justification in that 2. Art. VI, Section 28 (2)
grave emergencies corroding the
1.The rule of taxation shall be uniform
moral values of the people and
and equitable. The Congress shall
betraying the national economic
evolve a progressive system of
recovery program necessitated bold
taxation.
emergency measures to be adopted
with dispatch. Whatever the reasons 2.The Congress may, by law, authorize
"in the judgment" of the then the President to fix within specified
President, considering that the issue of limits, and subject to such limitations
the validity of the exercise of and restrictions as it may impose,
legislative power under the said tariff rates, import and export quotas,
Amendment still pends resolution in tonnage and wharfage dues, and other
several other cases, we reserve duties or imposts within the
resolution of the question raised at the framework of the national
proper time. development program of the
Government.
In fine, petitioner has not overcome
the presumption of validity which 3.Charitable institutions, churches and
attaches to a challenged statute. We personages or convents appurtenant
find no clear violation of the thereto, mosques, non-profit
Constitution which would justify us in cemeteries, and all lands, buildings,
pronouncing Presidential Decree No. and improvements, actually, directly,
1987 as unconstitutional and void. and exclusively used for religious,
charitable, or educational purposes
WHEREFORE, the instant Petition is
shall be exempt from taxation.
hereby dismissed.
4.No law granting any tax exemption
a. President
shall be passed without the
1. Art. VI, Section 23 (2) concurrence of a majority of all the
Members of the Congress.
The Congress, by a vote of two-thirds
of both Houses in joint session b. Local Government Units
assembled, voting separately, shall
1. RUBI VS. PROVINCIAL BOARD, G.R.
No. L-14078
2. PEOPLE VS. VERA, G.R. No. L-45685
c. Administrative Bodies
(Subordinate Legislation)
1. General Rule - what can the
administrative body do?
2. Force of a Penal Law