Note congress can only delegate usually to

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Unformatted text preview: t and behavior of executive officials otherwise, it would be unconstitutional as per violation of the doctrine of separation of powers. (Noblejas v. Teehankee, G.R. No. L‐28790, Apr. 29, 1968) The first and safest criterion to determine whether a given power has been validly exercised by a particular department is whether or not the power has been constitutionally conferred upon the department claiming its exercise. However, even in the absence of express conferment, the exercise of the power may be justified under the Doctrine of Necessary Implication ‐ the grant of express power carried with it all other powers that may be reasonably inferred from it. DELEGATION OF POWERS Q: Can a delegated power be re‐delegated? A: GR: No. 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. XPN: Permissible delegations: PETAL 1. Delegation to the People through initiative and referendum. (Sec. 1, Art. VI, 1987 Constitution) 2. Emergency powers delegated by Congress to the President. (Sec. 23, Art. VI) The conditions for the vesture of emergency powers are the following: a. There must be war or other national emergency b. The delegation is for a limited period only c. Delegation is subject to restrictions as Congress may prescribe d. Emergency powers must be exercised to carry a national policy declared by Congress 3. Congress may delegate Tariff powers to the President. (Sec. 28 (2), Art. VI) Note: The Tariff and Customs Code is the enabling law that grants such powers to the president. ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 15 UST GOLDEN NOTES 2011 The power to impose tariffs in the first place is not inherent in the President but arise...
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