CHAPTER 6 - SEPARATION OF POWERS

DOCTRINE OF SEPARATION OF POWERS

● Executive - enforcement of laws (may not enact or apply them)
● Legislative (Congress) enactment of law (may not enforce or apply)
● Judiciary (SC) - application of laws (may not enact or enforce them)

JUDICIARY
● It was regarded as the weakest of the three branches, but has been
considerably strengthened in the new constitution
● Additions: conferment on it of additional important powers

REVIVAL OF SOME BRANCHES

1. Commission on Appointments - check upon the appointing power in general
2. Judicial and Bar Council - ensure better selection of the members of the
judiciary
3. Electoral Tribunal - “sole judge” of all contests relating to the election,
returns and qualifications of the members of their respective houses (House
of Rep and Senate)
a. IN 1973 Constitution – COMELEC

The Cardinal Postulate explains that – the 3 branches must discharge their
functions within the limits of authority conferred by the Constitution.

Principle of the separation of powers – neither Congress, the President, nor the
Judiciary may encroach on fields allocated to other branches of the government.
● This is not only a characteristic of Republicanism but also for the reason
that the major powers of government are actually distributed by the
Constitution among the several departments and the Constitutional
Commissions.

Article VI, Section 13 - no member of the Congress may hold any other office or
employment in the government during his term without forfeiting his seat.

PURPOSE

● The doctrine of the separation of powers is intended to prevent

concentration of authority in one person or group of persons that might lead
to an irreversible error or abuse in its exercise to the detriment of our
republican institutions.
● According to Justice Laurel – intended to secure action, forestall
over-action, to prevent despotism¹ and to obtain efficiency.

1 Despotism - the exercise of absolute power, especially in a cruel and oppressive way.
 ● What does this principle of separation of powers ordain?
○ It ordains that each of the three great branches of government has
exclusive cognizance and is supreme in matters falling within its own
constitutionally allocated sphere.

Presumption of Constitutionality - this is rooted in the doctrine of

separation of powers
● Example: Judicial vs legislative/executive branch
○ For the judiciary to justify the nullification of any legislative or
executive act, it must be shown the statute or issuance clearly violates
the constitution
● FILING OF BILLS - within the legislative power of Congress = so must not
be subject to judicial restraint

CONGRESS
● While the Congress has been vested with the under:
○ Authority to define, prescribe and apportion the jurisdiction of the
various courts - Section 2, Article VIII
○ Create statutory courts in Section 1, Article VIII
● This should not result in an abnegation of the court’s own power to
promulgate rules of pleading, practice, and procedure under Section 5 (5)
Article VIII.

EXECUTIVE
● Entrusted with the conduct of foreign relations for the Philippines
● It cannot interfere with or question the wisdom of the conduct of foreign
relations by it

LIMITATIONS: (C I A )
1. Courts cannot limit the application or coverage of a law
2. Impose conditions not provided in a law – This will result to JUDICIAL
LEGISLATION
3. Cannot amplify the scope of laws, even on the ground of equal protection =
as this will result to an act of judicial legislation abjured by the trias politica
principle

Doctrinaire application - a person who tries to apply some doctrine or theory

without sufficient regard for practical considerations; an impractical theorist.
Pedantic rigor - It typically describes an irritating person who is eager to correct
small errors others make
 BLENDING OF POWERS
● It is often necessary for certain powers to be reposed in more than one
department, so that they may better collaborate with, and in the process,
check each other for the public good.
○ Blending of powers is actually sharing of powers of the different
departments of government whereby one department helps and
coordinates with the other in the exercise of a particular power,
function or responsibility.
EXAMPLES:
1. General Appropriations Law (President)
Process:
● Begins with the preparation by the President of the budget
● Becomes the basis of the bill adopted by the Congress
● Submitted to the President
● Approved by the President

2. Grant of Amnesty (President)

Process:
● Requires the concurrence of all the members of the Congress

NOTE! What is an amnesty? extinguish any criminal liability for acts committed in
pursuit of a political belief, without prejudice to the grantee's civil liability for
injuries or damages caused to private persons.
● Amnesty is granted usually for political crimes against the state, such as
treason, sedition, or rebellion

3. Commission on Elections (needs consent from the President)

● Does not alone deputize law-enforcement agencies and
instrumentalities of the government for the purpose of ensuring free,
orderly, honest, peaceful and credible elections

CHECKS AND BALANCES

● One department is allowed to resist encroachments upon its prerogatives or
to rectify mistakes or excesses committed by the other departments

THEORY BEHIND: the ends of the government are better achieved through the
exercise by its agencies of only the powers assigned to them, subject to reversal in
proper cases by those constitutionally authorized.
EXAMPLES:
1. Veto Power of the President - this can be overridden by the legislature
2. Refusal of the Congress - the Congress may refuse to give its concurrence
to an Amnesty proclaimed by the President
3. Treaty refusal - may refuse to give concurrence to the treaty he concluded
4. President can nullify conviction - the President can nullify a conviction in
a criminal case by pardoning the offender (Amnesty)
5. Congress can limit the jurisdiction of Supreme Courts and inferior
courts
6. Congress can abolish latter tribunals
7. Judiciary
a. Declare an act of Congress, the President and his subordinates, or the
Constitutional Commissions as invalid

ROLE OF THE JUDICIARY (settle controversies)

● The Judiciary sees to it that the constitutional distribution of powers among
the several departments of the government are respected and observed
(does not mean the it is superior to the other departments)

How to determine whether a giver power has been validly exercised by a particular
department?
1. First criterion – whether or not the power in question, regardless of its
nature, has been constitutionally conferred upon the department claiming
its exercise

EXPLANATION:
Constitutional Authority:
To determine if a power has been validly exercised, one must first establish that the
department has the constitutional authority to act. This involves examining:
● Are there specific articles or sections in the constitution that explicitly grant
this power to the department?
● Has the legislature enacted laws that delegate this power to the department?
This may include statutes that outline the scope and limits of the powers
conferred.

Power to impeach (executive) lodged to judicial

Power to try and decide impeachment cases (judicial) but lodged in Congress
Power of investigation (executive or judicial) lodged as legislative
Power to punish contempt (judicial) can be exercised by legislature
DOCTRINE OF IMPLICATION
● The grant of an express power carries with it all other powers that may be
reasonably inferred from it. 4

The Doctrine of Implication is a principle in constitutional and statutory

interpretation that allows courts to recognize powers or rights that are not explicitly
stated in a legal text but are necessary to give effect to its provisions.

Example:

In the case of Angara v. Electoral Commission (1936) in the Philippines, the

Supreme Court applied the Doctrine of Implication when it interpreted the
powers of the Electoral Commission (now COMELEC) under the 1935 Constitution.

● The Constitution created the Electoral Commission to handle election disputes

involving members of Congress but did not explicitly detail all the powers and
procedures the Commission could follow.
● The Court held that, even though not explicitly stated, the Commission must
have the implied power to act on election contests because it was
established to ensure fair elections, and this power is necessary to carry out
its constitutional mandate.

In essence, the Court inferred that the Commission had powers beyond what was
directly mentioned in the Constitution, as these powers were necessary for fulfilling
its duties. This is an example of the Doctrine of Implication being used to give effect
to the intended purpose of a constitutional body.

JUSTICIABLE AND POLITICAL QUESTIONS

Justiciable Question - implies a given right, legally demandable and enforceable,

an act or omission violative of such right, and remedy granted and sanctioned by
law, for said breach of right.

Assuming that the proper repository of the power in question has been ascertained
on the basis of a valid constitutional grant, is the power of the judiciary to review
official action terminated?

ANSWER AND EXPLANATION:

● Even when a department is constitutionally empowered, the judiciary retains
the ability to scrutinize how that power is being exercised. The courts can
 evaluate if the department is overstepping its bounds or misusing the
authority granted to it by the constitution and laws.
● While establishing the department's constitutional authority is the first
important step, it doesn't completely eliminate the judiciary's power to
review the department's actions. The courts can still assess if the department
is properly using the powers it has been legally given.

Political Question - the matter falls under the discretion of another department or
especially the people themselves, and the decision reached is in the category of a
political question (discussions about governance, policy, and public opinion)

Example to the difference between Justiciable and Political Questions:

Situation: Suspension or expulsion of a member of the Congress – based on

disorderly behavior (concurred by at least two thirds of the members of his colleagues)

Political Question – determination of what constitutes a disorderly behavior

(dependent upon the wisdom, not legality of a particular measure)
Justiciable Question - disciplinary measure, procedural rule, legality, validity of the
contested act

Application
1. Abueva v Wood and Severino vs Governor General
a. These cases involve a writ of mandamus which could not be issued to
compel them first to produce vouchers relative to the expenses of an
official mission, and to call a special election. These are powers were
discretionary in the executive and therefore – NOT JUDICIAL
(JUSTICIABLE)
2. Ratification Cases - SC expressed the view that they were concluded by the
ascertainment made by the President of the PH, in the exercise of his political
prerogatives, that the people had acquiesced in or accepted in the 1973
Constitution
3. Custodio v Senate President – taxpayer challenged the validity of a provision
in the general appropriations law that compensated the members of the
Congress for services supposedly rendered by them during the Japanese
Occupation – the case was a political question
4. Vera vs Avelino – three senators-elect were prevented from taking their
oaths of office by resolution of the Senate went to the SC and alleged that
 only the Electoral Tribunal had jurisdiction relating to their elections, returns
and qualications
5. Wisdom of congress in allowing Stock Distribution Plan through a corporation
as an alternative mode of implementing Agrarian Reform is not judicial
determination

POLITICAL QUESTIONS UNDER THE NEW CONSTITUTION

New Definition of Judicial Power

“Includes the duty…to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.”

● It suggests that this duty (and power) is available even against the executive
and legislative departments, including the President and the Congress, in the
exercise of their discretionary powers.

1987 Constitution
● Has narrowed the reach of the political question doctrine when it expanded
the power of judicial review of this court not only to settle actual
controversies involving rights which are legally demandable and enforceable.
● In sync and symmetry, with this intent are other provisions of the 1987
Constitution in trimming the so called “political thicket”

Example:
When the SC was invoked by it in rejecting the motion for the dismissal of the
petitions against the constitutionality of the Anti-Terrorism Act
● The political question doctrine cannot be raised by the government as a defense
against the constitutional challenges to the ATA.
● Because the question as whether any part or instrumentality of the government had
authority or had abused its authority is not a political question

CHAPTER 7 - DELEGATION OF POWERS

Corollary to the doctrine of separation of powers is the PRINCIPLE OF

NON-DELEGATION OF POWERS

Potestas delegata non delegari potest - WHAT HAS BEEN DELEGATED CANNOT
BE DELEGATED.
● It is based upon the ethical principle that such delegated power constitutes
NOT ONLY A RIGHT but A DUTY to be performed by the delegate through the
 instrumentality of his own judgment and not through the intervening mind of
another.

This principle is applicable to all three major powers of the government BUT IS
ESPECIALLY important in the case of the legislative power because of the many
instances when its delegation is permitted.

Why? – The increasing complexity of the task of government and the growing
inability of the legislature to cope directly with many problems demanding its
attention. Specialization is necessary. The legislature may not have the
competence, interest, and time to provide the required direct and efficacious
solutions.

Example:

Regulation of Common Carriers

● The task requires determination of such intricate
matters like routes to be serviced by such carriers
● Number of them to be allowed in each route
● Conveniences to passengers
● Fare charges
● Type of vehicles used
Hence, creation of the Land Transportation
Franchising and Regulatory Board and empower it to promulgate the needed
rules and regulation – subject to certain statutory limitations or broad policies
pre-determined by the legislative itself
PERMISSIBLE DELEGATION

Delegation of legislative powers is permitted in the following cases:

1. Delegation of tariff powers to the President
2. Delegation of emergency powers to the President
3. Delegation to the people at large
4. Delegation to local governments
5. Delegation to administrative bodies

Post-enactment identification authority to individual legislators because it violates

the principle of non-delegability since said legislators are effectively allowed to
individually service the power of appropriation, which is lodged in Congress.
Violation of Non-Delegability of Legislative Power
The post-enactment authority also violates the principle of non-delegability of
legislative power, as it allows individual legislators to exercise the power of
appropriation, which is a legislative power.
● Legislators are authorized to determine the amount from their PDAF that
would go to specific projects they identify, which is an exercise of the power
of appropriation.
● The Constitution does not allow individual legislators to perform this function,
which is a legislative power.

Undermining of Checks and Balances

The post-enactment authority undermines the system of checks and balances by:
● Making it difficult for legislators to be disinterested observers when
conducting oversight, as they would be checking on activities in which they
participate.
● Allowing legislators to intervene in matters before other government offices,
rendering them susceptible to taking undue advantage of their office.
In summary, the Supreme Court found that the post-enactment authority given to
individual legislators to identify specific projects to be funded from their PDAF
allocation violates the separation of powers, the non-delegability of legislative
power, and the system of checks and balances enshrined in the Constitution.

(1) Tariff Powers

What is a tariff? - A tariff is a tax imposed by the government of a country or by a

supranational union on imports or exports of goods

ARTICLE VI - Legislative Department

Sec. 28 (2) The Congress may, by law, authorize the President to fix within
specified limits, and subject to such limitations and restrictions as it may impose,
● tariff rates, import and export quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the national development program
of the Government.

Tariff and Customs Code

● Granted standby or flexible tariff powers
Why delegate?
● Reason for necessity, not to say expediency, of giving the chief executive the
authority to act IMMEDIATELY on certain matters affecting the national
economy lest delta result in the hardship of people.
● The legislative process is too cumbersome for the speedy solution of some
economic problems, especially those relating to foreign trade

NOTE: NOT TO NEGOTIATE TREATIES but to fix tariff rates, import and export
quotas, and other taxes.

(2) Emergency Powers

(the president becomes a CONSTITUTIONAL DICTATOR)

ARTICLE VI - Legislative Department

Sec. 23 (2) 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. Unless sooner withdrawn by resolution of the Congress, such powers
shall cease upon the next adjournment thereof.

● There is still the divisiveness and delay inherent in the lawmaking process
that may hamper effective solution of the problems caused by the
emergency.
● Such problems need to be resolved within the shortest possible time

The conditions for the vesture of emergency powers in the President:

1. There must be war or other national emergency
2. The delegation must be for a limited period of time
3. The delegation must be subject to such restrictions as the Congress may
prescribe
4. The emergency powers must be exercised to carry out national policy
declared by the Congress

Other national emergency - rebellion, economic crisis, pestilence or epidemic,

typhoon, flood, or other similar catastrophe of nation-wide proportions or effect

What is not mandatory?

● The conferment of emergency powers on the President is not mandatory in
the Congress.
● The Congress may hold on to its legislative power and validly refuse to
delegate it
 ● Or if the legislature allows to do so – should limit its duration and terminate it
even before the end of the emergency
● THE EMERGENCY DOES NOT AUTOMATICALLY CONFER EMERGENCY POWERS

What is the specific requirement of the Constitution to be authorized to exercise

“necessary and proper”
● Only for the purpose of carrying out a national policy declared NOT BY him
but by the CONGRESS.

The Presidents who used emergency powers:

FIRST EMERGENCY POWERS CASES:

1. Quirino - at stake was the validity of certain executive orders promulgated by
Quirino providing specifically for the appropriation of public funds in the
operation of the national government and the conduct of 1949 election,
control of exports, and regulation of the rentals of residential lots and
buildings

SECOND EMERGENCY POWERS CASES:

● Two executive orders: (1) appropriating public funds for public works
(2) relief for typhoon victims
● Congress had passed House Bill No. 727 repealing all Emergency
Power Acts except that this measure had been vetoed by the President

Here are the notable instances:

1. Ferdinand Marcos:
● Marcos declared Martial Law in 1972, which allowed him to
exercise extraordinary powers that effectively suspended civil
rights and concentrated power in the executive branch. This
period is often associated with authoritarian rule.
2. Joseph Estrada:
● In 1998, President Estrada requested emergency powers to
address issues related to a power crisis, which included
measures to expedite the construction of power plants.
3. Gloria Macapagal Arroyo:
● Arroyo declared a state of emergency in 2006, citing threats to
national security. This declaration was met with significant
controversy and was seen as a means to suppress dissent.
 4. Benigno Aquino III:
● In 2014, during a power crisis, Aquino sought emergency powers
from Congress to address the issue, which included the ability to
implement measures to ensure sufficient electricity supply.
5. Rodrigo Duterte:
● Duterte declared a State of Public Health Emergency on March 6,
2020, due to the COVID-19 pandemic through Proclamation No.
922. This was followed by Proclamation No. 929, which declared
a State of Calamity and allowed for enhanced community
quarantine measures. Congress subsequently enacted the
Bayanihan to Heal as One Act, granting him temporary
emergency powers to effectively respond to the pandemic.

How can the emergency powers of the President be withdrawn?

● Answer: through a resolution
● ERROR: Unless such emergency powers were sooner withdrawn by
resolution, they would continue until the NEXT adjournment of the
legislature. (this is still perpetuated in the New Constitution)

What is THE NEXT ADJOURNMENT?

● This refers to the session called after the adjournment of the first session
when the emergency powers were delegated.
 (3) DELEGATION TO THE PEOPLE

● The government of the state is democratic, but it is a representative

democracy
○ In passing general laws – the people act only through their
representatives in the legislature

REFERENDUM: PLEBISCITE:

Traditionally defined as method of submitting an The questions submitted in the plebiscite

important legislative measure to a direct vote of the are intended to work more permanent
whole people changes in the political structure.

Example: The Constitution

● It literally means, DECREE OF THE

PEOPLE

The plebiscite is a device to OBTAIN A

DIRECT POPULAR VOTE on a matter of
political importance

To create some more or less permanent

political condition

Where are these terms defined?

1. In RA 6735 - implementing Section 32 of Article VI
a. AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND REFERENDUM AND
APPROPRIATING FUNDS THEREFOR
2. Article VI, Section 32
a. The Congress shall, as early as possible, provide for a system of initiative and
referendum, and the exceptions therefrom, whereby the people can directly propose
and enact laws or approve or reject any act or law or part thereof passed by the
Congress or local legislative body after the registration of a petition therefore signed
by at least ten per centum of the total number of registered voters, of which
every legislative district must be represented by at least three per centum of the
registered voters thereto

“The power of the electorate to approve or reject “The electoral process by which an
a legislation through an election called for the initiative on the Constitution is approved or
purpose” rejected by the people”

EXAMPLE: EXAMPLE:
1. Article XVI, Section 2. The Congress may, 1. Article X, Section 10. No province,
by law, adopt a new name for the country, a city, municipality, or barangay may
national anthem, or a national seal, which be created, divided, merged,
 shall all be truly reflective and symbolic of the abolished, or its boundary
ideals, history, and traditions of the people. substantially altered, except in
Such law shall take effect only upon its accordance with the criteria
ratification by the people in a national established in the local government
referendum. code and subject to approval by a
2. Article XVII, Section 3. The Congress may, majority of the votes cast in a
by a vote of two-thirds of all its Members, call plebiscite in the political units
a constitutional convention, or by a directly affected.
majority vote of all its Members, submit to
the electorate the question of calling such a 2. Article X, Section 11. The
convention. (submission via referendum) Congress may, by law, create special
3. Article XVIII, Section 25. After the metropolitan political subdivisions,
expiration in 1991 of the Agreement between subject to a plebiscite as set forth in
the Republic of the Philippines and the United Section 10 hereof. The component
States of America concerning Military Bases, cities and municipalities shall retain
foreign military bases, troops, or facilities their basic autonomy and shall be
shall not be allowed in the Philippines except entitled to their own local executive
under a treaty duly concurred in by the and legislative assemblies. The
Senate and, when the Congress so requires, jurisdiction of the metropolitan
ratified by a majority of the votes cast by the authority that will thereby be
people in a national referendum held for that created shall be limited to basic
purpose, and recognized as a treaty by the services requiring coordination.
other contracting State.

(4) Delegation to Local Governments

● Local governments are more knowledgeable than the national lawmaking
body on matters of purely local concern and therefore in a better position to
enact the necessary and appropriate legislation thereon.
● The creation of municipalities exercising local self-government has never
been held to trench upon the rule that the power to make laws cannot be
delegated

Eminent Domain
● The power of state or national government to take private property for public
use, excluding transfer between private entities without a public purpose.

General Welfare Clause

● Every local government unit shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as powers necessary,
appropriate, or incidental for its efficient and effective governance, and those
which are essential to the promotion of the general welfare.

= THE POLICE POWER have been expressly delegated by the legislature to the local
lawmaking bodies. Taxation – subject only to limitations by Congress
 DECENTRALIZATION OF POWER DECENTRALIZATION OF ADMINISTRATION

● Abdication of political power in favor ● Occurs when the central government

of the autonomous LGUs as to grant delegates administrative powers to the
them the freedom to chart their own LGUs as the means of broadening the
destinies and to shape their futures base of governmental powers and
with minimum intervention from the making the LGUs more responsive and
central government accountable in the process, and thereby
● Self-immolation – LGUs are ensure their fullest development
accountable not the central ● Self reliant communities
authorities but to their ● More effective partners in the pursuit of
constituencies their goals of national development and
social progress
● Relieves the central government of the
burden of managing local affairs

TWO GROUPS: Example:

1. Autonomous Region for Muslim ● Provinces
Mindanao (ARMM) ● Cities
2. Constitutionally mandated Cordillera ● Municipalities
Autonomous Region (CAR) ● Barangays

(5) Delegation of Administrative Bodies

● Quasi-legislative power
● “Power of subordinate legislation”
● Examples: boards, commissions, departments, bureaus, offices, authorities,
government corporations, government instrumentalities, and local
governments

Why?
Answer: with the growing complexity of modern life, the multiplication of the
subjects of governmental regulations, and the increased difficulty of administering
laws, the rigidity of the theory of separation of governmental powers has, to a large
extent, been relaxed by permitting the delegation of greater powers by the
legislative and vesting a large amount of discretion in administrative and executive
officials, not only in the execution of the laws, but also in the promulgation of
certain rules and regulations calculated to promote public interest.

How:
1. Filling in the details which the Congress may not have the opportunity or
competence to provide
a. Supplementary Regulations – implementing rules issued by the
Department of Labor on the Labor Code (have force and effect of law)
 Administrative Issuances:

1. Legislative Rule In the matter of subordinate legislation designed to implement a

primary legislation by providing the details thereof

2. Administrative Rule Designed to provide guidelines to the law which the administrative
agency is in charge of enforcing

Validity of the Administrative Regulation:

1. Must be within the scope of the authority given by the
legislature
2. Promulgated in accordance with the prescribed procedure
3. Must be reasonable
4. For its enforceability: Administrative Code of 1987 states
that it – requires the filing of rules adopted by the
administrative agencies with the UP Law Center
a. Except: interpretative regulations and those merely
internal in nature

Proper Exercise of Quasi-judicial Power:

1. Jurisdiction which must be acquired by the administrative body
2. Observance of the requirements of DUE PROCESS - right to notice and
hearing

What is a quasi-judicial agency

● Government body, not part of the judiciary or the legislative branch, which
adjudicates disputes and creates rules which affect private parties’ rights

TEST OF DELEGATION
1. The delegation itself must be circumscribed by legislative restrictions, not a
“roving commission”
2. Not canalized within banks that keep it from overflowing

The regulation be germane to the objects and purposes of the law and that the
regulation be not in contradiction to, but in conformity with, the standards
prescribed by law = completeness test and sufficient standard test
 (1) Completeness Test
● The law must be complete in all its essential terms and conditions
when it leaves the legislature so that there will be nothing left for the
delegate to do when it reaches him except to enforce it.
● A law is complete when – it sets forth therein the policy to be
executed, carried out or implement by the delegate

(2) The Sufficient Standard Test

● Intended to map out the boundaries of the delegate’s authority by
defining the legislative policy and indicating the circumstances under
which it is to be pursued and effected
● Purpose: to prevent total transference of legislative power from the
lawmaking body to the delegate
○ Not allowed to step into the shoes of the legislature and exercise
a power essentially legislative
● According to SC:
1. Defines legislative policy
2. Marks its limits
3. Maps out its boundaries
4. Specifies the public agency and apply it
5. Indicates circumstances under which the legislative command is
to be effected
6. It provides adequate guidelines or limitation in the law to map
out the boundaries of the delegates authority
7. Prevent delegation from running riot
8. Public welfare
9. Sense and experience of man
10.National security

The term "virtual surrender of legislative power" refers to the concept where a
legislative body effectively relinquishes its authority to make laws by delegating
that power to another entity, such as an administrative agency or local government.
This delegation can be problematic if it results in a lack of clear guidelines or
restrictions, leading to concerns about accountability and the separation of powers.
 PELAEZ CASE:

Case Digest (G.R. No. L-23825)

Facts:
The case revolves around the creation of 33 municipalities by the President of the Philippines
through Executive Orders Nos. 93 to 121, 124, and 126 to 129, issued from September 4 to
October 29, 1964. The President exercised this power pursuant to Section 68 of the Revised
Administrative Code. Vice-President Emmanuel Pelaez, suing as a private citizen and taxpayer,
filed a petition for prohibition with preliminary injunction against the Auditor General to
restrain him from passing in audit any expenditure of public funds in implementation of the
executive orders. Pelaez argued that the creation of municipalities through executive orders was
unconstitutional and an undue delegation of legislative authority.

Issue:

The main issue raised in this case is whether the President of the Philippines can create a
municipality by executive order, and whether Section 68 of the Revised Administrative Code,
which grants such power to the President, is valid and constitutional. In other words, can the
President exercise legislative power to create municipalities, or is this power exclusive to the
legislative branch of government?

Ruling:

The Supreme Court ruled that the executive orders creating the municipalities are null and void
ab initio, and the respondent Auditor General is permanently restrained from passing in audit
any expenditure of public funds in implementation of the executive orders. The Court declared
that the power to create municipalities cannot be delegated to the President and that Section 68
of the Revised Administrative Code is an invalid attempt to delegate purely legislative powers.

Ratio:

The Court's decision was based on the principle of separation of powers, which is enshrined in
the Philippine Constitution. The Court held that the power to create a municipality is legislative
in character and cannot be delegated to the Executive. Section 68 of the Revised Administrative
Code, which grants the President the power to create municipalities, does not meet the
requirements for a valid delegation of power, as it does not enunciate any policy to be carried
out or implemented by the President, nor does it fix a standard to which the President must
conform in exercising his functions. The Court further held that the phrase "public welfare" in
Section 68 is too broad and vague to constitute a sufficient standard for the exercise of
legislative power. Additionally, the Court noted that the executive orders were issued after
legislative bills for the creation of the municipalities had failed to pass Congress, which is a clear
indication that the issuance of the executive orders entails the exercise of purely legislative
functions.