Delegation of Powers; Completeness Test; Sufficient Standard Test.

Delegation of Powers; Completeness Test; Sufficient Standard Test.

 "The right of the people to directly propose Amendments to the Constitution through the Initiative system would be entombed in the Constitution's cold niche until Congress provided for its implementation. The inevitable conclusion is that the system of initiative on the Constitution under Section 2 of Article XVII of the Constitution is not self-executory." 

[G.R. No. 127325 March 19, 1997]

MIRIAM DEFENSOR SANTIAGO , et al. vs. COMMISSION ON ELECTIONS, JESUS DELFIN, et al.

✍️👨‍⚖️ DAVIDE, JR., J. 

📷: froggyads.com

Private respondent Delfin filed a petition w/ COMELEC to amend the Constitution via People’s Initiative. This was opposed by petitioners arguing that there is still no enabling law for people’s initiative. Respondents countered saying that RA 6735 already exists, and that it empowers COMELEC to promulgate rules and regulations to implement such act. 

Court's ruling. 

The right of the people to directly propose Amendments to the Constitution through the Initiative system would be entombed in the Constitution's cold niche until Congress provided for its implementation. The inevitable conclusion is that the System of Initiative in the Constitution under Section 2 of Article XVII of the Constitution is not self-executive. 

The foregoing brings us to the conclusion that R.A. No. 6735 is incomplete, inadequate, or wanting in essential terms and conditions insofar as initiative on amendments to the Constitution is concerned. Its lacunae on this substantive matter are fatal and cannot be cured by “empowering” the COMELEC “to promulgate such rules and regulations as may be necessary to carry out the purposes of [the] Act. 

The rule is that what has been delegated, cannot be delegated or as expressed in a Latin maxim: potestas delegata non delegari potest. The recognized exceptions to the rule are delegation:

(1) Of tariff powers to the President under Section 28(2) of Article VI of the Constitution;

(2) Of emergency powers to the President under Section 23(2) of Article VI of the Constitution;

(3) To the people at large;

(4) To local governments; and

(5) To administrative bodies. 

However, in every case of permissible delegation, there must be a showing that the delegation itself is valid. 

It is valid only if the law (a) is complete in itself, setting forth therein the policy to be executed, carried out, or implemented by the delegate; and (b)  Empowering the COMELEC, an administrative body exercising quasi-judicial functions, to promulgate rules and regulations is a form of delegation of legislative authority. 

Insofar as initiative to propose amendments to the Constitution is concerned, R.A. No. 6735 miserably failed to satisfy both requirements in subordinate legislation. The delegation of the power to the COMELEC is then invalid. 

[G.R. No. 127325 March 19, 1997]

MIRIAM DEFENSOR SANTIAGO , et al. vs. COMMISSION ON ELECTIONS, JESUS DELFIN, et al.

✍️👨‍⚖️ DAVIDE, JR., J.

Full text: @lawphil.net

The end.