Non-delegation of Legislative Power

17. Phil. International Trading v. Angeles

-PITC was legally empowered to issue Administrative Orders, as a valid exercise of a
power ancillary to legislation
- the grant of quasi-legislative powers in administrative bodies is not unconstitutional.
Rationale:
-as a result of the growing complexity of the modern society, it has
become necessary to create more and more administrative bodies to help in the
regulation of its ramified activities.
-Specialized in the particular field assigned to them, they can deal within
the problems thereof with more expertise and dispatch than can be expected
from the legislature or the courts of justice.
-The issued AO was invalid because of inability to meet the necessary publication
requirements and not because it was unconstitutional
18. US v. Barrias
-legislature could delegate to the administrative agencies the authority to make rules
and regulation
-but the penalty for the violation of such rules and regulations must not be left to the
administrative agencies but must be provided by the statue itself
19. The People of the Philippines v. Que Po Lay
-regulations made by administrative agencies must be published in the Official Gazette
or a newspaper of a general circulation
-If as a matter of fact Circular No. 20 had not been published as required by law before
its violation, then in the eyes of the law there was no such circular to be violated and
consequently appellant committed no violation of the circular or committed any
offense, and the trial court may be said to have had no jurisdiction.
Drug Test Unconstitutional
20. Social Justice Secretary v. PDEA
- No undue delegation of legislative power on drug tests conducted by schools and
employers since the statute itself provides how drug testing for students of secondary
and tertiary schools and officers/employees of public/private offices should be
conducted.
21. Aquilino Pimentel Jr. v. COMELEC
- the COMELEC, in the guise of enforcing and administering election laws or
promulgating rules and regulations to implement drug testing, cannot validly impose
qualifications on candidates for senator in addition to what the Constitution prescribes
*what is delegated to administrative agencies is not legislative or law-making power but
rule-making power or law of execution.
Party List
22. Ang Bagong Bayani, et al. v. COMELEC
-major political parties cannot be disqualified from the party-list elections merely on the
ground that they are political parties
-Political Parties can participate in the party list
-if it represents a marginalized sector
- intent of the law :
not to allow associations to participate indiscriminately,
but to limit participation to organizations representing marginalized and
underprivileged