The government or cabinet consisting of the political

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Unformatted text preview: s only from congressional grant. Thus, it is the prerogative of Congress to impose limitations and restrictions on such powers which do not normally belong to the executive in the first place. (Southern Cross Cement Corporation v. Philippine Cement Manufacturing Corp., G.R. No. 158540, Aug. 3, 2005) 4. Delegation to Administrative bodies – also known as power of subordinate legislation. Note: This refers to the authority vested by Congress to the administrative bodies to “fill in the details” which Congress cannot provide due to lack of opportunity or competence. Such includes the making of supplementary rules and regulations. Such have the force and effect of law. 5. Delegation to Local Governments – It is not regarded as a transfer of general legislative power, but rather as the grant of authority to prescribe local regulations. Note: Congress can only delegate, usually to administrative agencies, Rule‐Making Power. Q: What are the two tests of valid delegation? A: 1. Completeness Test‐ law must be complete in all 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. 2. Sufficient Standard Test‐ if law does not spell out in detail the limits of the delegate’s authority, it may be sustained if delegation is made subject to a sufficient standard. Note: SUFFICIENT STANDARD – maps out the boundaries of the delegate’s authority and indicating the circumstances under which it is to be pursued and effected (purpose: prevent total transference of legislative power). Note: INVALID DELEGATION OF LEGISLATIVE POWER–If there are gaps that will prevent its enforcement, delegate is given the opportunity to 16 step into the shoes of the legislature and exercise discretion in order to repair the omissions. Q: What is the distinction between the President’s authority to declare a state of national emergency and her authority to exercise emergency powers? A: The President’s authori...
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This document was uploaded on 03/12/2014.

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