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Delegation of powers allowed in the following 4. It must be reasonable.

cases:
When the delegation relates merely to
1. To local governments in respect of administrative implementation that may call for
matters of local concern to be exercised some degree of discretionary powers under a set
by the local legislative bodies thereof. of sufficient standards expressed by law.
2. When allowed by the Constitution.
Thus, the Congress may, by law,
authorize the President to fix within Bar Question (2003)
specified limits, and subject to such
limitations and restrictions as it may May Congress, under the 1987 Constitution,
impose, tariff rates, import and export abolish power to tax of local governemnts?
quotas, tonnage and wharfage dues, and Suggested Answer:
other duties or imposts within the
framework of the national development No. Congress cannot abolish what is expressly
program of the government. granted by the fundamental law. The only
a. Delegation of legislative powers authority conferred to Congress is to provide the
to the president is permitted in guidelines and limitations on the local
Sec. 23(2) and 28(2) of Article government’s exercise of the power to tax (Sec.
VI of the Constitution. 5, Art X, 1987 Consitution)
b. By virtue of a valid delegation
of legislative power, it may also
be exercised by the President
and administrative boards, as
well as the lawmaking bodies of
all municipal levels, including
the barangay.
c. Such delegation confers upon
the President quasi-legislative
power which may be defined as
the authority delegated by the
lawmaking body to the
administrative body to adopt
rules and regulations intended to
carry out the provisions of the
law and implement legislative
policy.
To be valid, an administrative issuance, such as
an executive order, must comply with the
following requisites:
1. Its promulgation must be authorized by
the legislature;
2. It must be promulgated in accordance
with the prescribed procedure;
3. It must be within the scope of authority
given by the legislature; and

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