Published — July 19, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After reading “Executive Powers of the President: Delegated Powers”, read also “Executive Powers of the President: Residual Powers”
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What has been delegated cannot be delegated.
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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.
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As the Congress is generally the repository of emergency powers, several conditions must first be met to be able to delegate such powers to the President.
What has been delegated cannot be delegated. This doctrine is based on the ethical principle that such a delegated power constitutes 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 of legislation and not through the intervening mind of another. (Rodrigo Jr. vs. Sandiganbayan, G.R. No. 125498 July 2, 1999)
Jurisprudence says:
Where personal trust or confidence is reposed in the agent and especially where the exercise and application of the power is made subject to his judgment or discretion, the authority is purely personal and cannot be delegated to another unless there is a special power of substitution either express or necessarily implied. (Dalamal vs. Deportation Board, G.R. No. L-16812, October 31, 1963)
What are the delegated powers of the President?
First is the Tariff Powers. And second is the Emergency Powers.
What are the Tariff Powers of the President?
The law says:
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. (Section 28(2), Article VI, 1987 Constitution of the Philippines)
The further discussion on Tariff Powers can be found through this link: __
What are the Emergency Powers of the President?
The law says:
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. (Section 23(2), Article VI, 1987 Constitution)
In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest. (Section 17, Article XII, 1987 Constitution)
The rationale behind such broad emergency powers of the Executive is the release of the government from “the paralysis of constitutional restrains” so that the crisis may be ended and normal times restored. (Sanidad vs. COMELEC, G.R. No. L-44640 October 12, 1976)
To say “for a limited period” is intended to mean restrictive in duration.
Jurisprudence says:
Article VI of the Constitution provides that any law passed by virtue thereof should be “for a limited period.” “Limited” has been defined to mean “restricted; bounded; prescribed; confined within positive bounds; restrictive in duration, extent or scope.” The words “limited period” as used in the Constitution are beyond question intended to mean restrictive in duration. Emergency, in order to justify the delegation of emergency powers, “must be temporary or it can not be said to be an emergency. (Araneta vs. Dinglasan, G.R. No. L-2044, August 26, 1949)
As stated in the aforementioned quoted provision, Section 17, Article XII, 1987 Constitution, during these times of emergency, when the common good so requires, the State may temporarily take over or direct the operation of any privately owned public utility or business affected with public interest. (David vs. Arroyo, G.R. No. 171396, May 3, 2006)
It is important to note, however, that the President cannot, without legislation, take over privately-owned public utility or business affected with public interest.
Jurisprudence says:
The President cannot decide whether exceptional circumstances exist warranting the take over of privately-owned public utility or business affected with public interest. Nor can he determine when such exceptional circumstances have ceased. Likewise, without legislation, the President has no power to point out the types of businesses affected with public interest that should be taken over. In short, the President has no absolute authority to exercise all the powers of the State under Section 17, Article VII in the absence of an emergency powers act passed by Congress. (David vs. Arroyo, G.R. No. 171396, May 3, 2006)
Thus, as the Congress is generally the repository of emergency powers, several conditions must first be met to be able to delegate such powers to the President. First, there must be a war or national emergency. Second, the delegation to the President is for a limited period only or only during the said emergency. Third, the delegation is subject to restrictions provided by Congress as said in the law. And lastly, the Emergency Powers are exercised to carry out a declared national policy. All the following conditions must be done by Congress through passing a law. (David vs. Arroyo, G.R. No. 171396, May 3, 2006)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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