RULE-MAKING POWER

Nature
AA are endowned w/ powers legislative in nature or quasi-legislative
Power to make law
o New or additional legal provisions that have the effect and
force of law
Essential leg powers not be delegated to AA (no leg
power and are precluded from legislating
o Granted: RM power to implement law it is entrusted to enforce
Includes: amend, revise, alter, or repeal its RR
Necessity
Most pervasive leg power conferred upon AA power to make RR
o Impracticability of lawmakers providing general regulations for
various and varying details of management has been
recognized
o Specialization
Subordinate legislation/delegated RM adapt to
increasing complexity of modern life and variety of
public functions
o Time or competence
Fill in details which legislative neither have
time/competence
Condition
Valid exception to the rule of non-delegation of legislative power
2 conditions:
o Statute is COMPLETE in itself
o Statute FIXES standard, mapping out the boundaries of
agencys authority
Binding force and effect
A valid RR duly promulgated by AA has the force and effect of law
Binding on agency and all those dealing with agency
Law and same PR of validity and constitutionality given to statutes
Prospective/retroactive application
Prospectively (UNL: legislative intent to contrary is manifest by
express terms or necessary implication)

Limitations
NOT abridge the authority given it by Congress or Consti
NOT enlarge its power beyond scope intended
o Not MAKE RR which are inconsistent w/ provisions of Consti or
statute or in deregation of the purpose of statute
o Not AMEND, alter, modify, extend, supplant, enlarge or expand,
restrict or limit the provisions or coverage of the statute (legislative)
o Within limits of powers granted to it or what is found in legislative
enactment itself (OTHW: void)
Principle of non-delegation of powers
Corollary of separation of powers doctrine
o Prohibits the delegation of legislative power
o Prohibits the vesting judicial officers with non-judi functions
o Investing of non-judi officers w/ judi powers
o Any attempt at such delegation Unconsti and void
Basis: Potestas delegate non potest delegari
o What has been delegated cannot be in turn delegated
o Delegated power constitutes right and duty to be performed by the
delegate by the instrumentality of his own judgment acting
immediately upon the matter and not thru intervening mind of
another
o Further delegation negation of duty in violation of trust reposed in
the delegate mandated to discharge it directly
Delegation of power has become the rule and non-delegation the exception
5 instances of permissible delegation (PLATE)
People at large
Local govt
Administrative bodies
Tariff powers to President
Emergency powers to President