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2.) Delegation to the Supreme Court
Sections 54, 55, 56, 57, Republic Act No. 7160 (Local Government Code)
Section 54. Approval of Ordinances.
(a) Every ordinance enacted by the Sangguniang Panlalawigan, Sangguniang Panlungsod,
or Sangguniang bayan shall be presented to the provincial governor or city or municipal
mayor, as the case may be. If the local chief executive concerned approves the same,
he shall affix his signature on each and every page thereof; otherwise, he shall veto it
and return the same with his objections to the Sanggunian, which may proceed to
reconsider the same. The Sanggunian concerned may override the veto of the local
chief executive by two-thirds (2/3) vote of all its members, thereby making the
ordinance or resolution effective for all legal intents and purposes.
(b) The veto shall be communicated by the local chief executive concerned to the
Sanggunian within fifteen (15) days in the case of a province, and ten (10) days in the
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case of a city or a municipality; otherwise, the ordinance shall be deemed approved as
if he had signed it.
(c) Ordinances enacted by the Sangguniang Barangay shall, upon approval by the majority
of all its members, be signed by the Punong Barangay.
Section 55. Veto Power of the Local Chief Executive.
(a) The local chief executive may veto any ordinance of the Sangguniang Panlalawigan,
Sangguniang Panlungsod, or Sangguniang bayan on the ground that it is ultra vires or
Prejudicial to the public welfare, stating his reasons therefor in writing.
(b) The local chief executive, except the Punong Barangay, shall have the power to veto
any particular item or items of an appropriations ordinance, an ordinance or resolution
adopting a local development plan and public investment program, or an ordinance
directing the payment of money or creating liability. In such a case, the veto shall not
affect the item or items which are not objected to. The vetoed item or items shall not
take effect unless the Sanggunian overrides the veto in the manner herein provided;
otherwise, the item or items in the appropriations ordinance of the previous year
corresponding to those vetoed, if any, shall be deemed reenacted.
(c) The local chief executive may veto an ordinance or resolution only once. The
Sanggunian may override the veto of the local chief executive concerned by two-thirds
(2/3) vote of all its members, thereby making the ordinance effective even without the
approval of the local chief executive concerned.
Section 56. Review of Component City and Municipal Ordinances or Resolutions by
the Sangguniang Panlalawigan.
(a) Within three (3) days after approval, the secretary to the Sanggunian Panlungsod or
Sangguniang bayan shall forward to the Sangguniang Panlalawigan for review, copies
of approved ordinances and the resolutions approving the local development plans and
public investment programs formulated by the local development councils.
(b) Within thirty (30) days after receipt of copies of such ordinances and resolutions, the
Sangguniang Panlalawigan shall examine the documents or transmit them to the
provincial attorney, or if there be none, to the provincial prosecutor for prompt
examination. The provincial attorney or provincial prosecutor shall, within a period of
ten (10) days from receipt of the documents, inform the Sangguniang Panlalawigan in
writing of his comments or recommendations, which may be considered by the
Sangguniang Panlalawigan in making its decision.
(c) If the Sangguniang Panlalawigan finds that such an ordinance or resolution is beyond
the power conferred upon the Sangguniang Panlungsod or Sangguniang bayan
concerned, it shall declare such ordinance or resolution invalid in whole or in part. The
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Sangguniang Panlalawigan shall enter its action in the minutes and shall advise the
corresponding city or municipal authorities of the action it has taken.
(d) If no action has been taken by the Sangguniang Panlalawigan within thirty (30) days
after submission of such an ordinance or resolution, the same shall be presumed
consistent with law and therefore valid.
Section 57. Review of Barangay Ordinances by the Sangguniang Panlungsod or
Sangguniang Bayan.
(a) Within ten (10) days after its enactment, the Sangguniang Barangay shall furnish copies
of all Barangay ordinances to the Sangguniang Panlungsod or Sangguniang bayan
concerned for review as to whether the ordinance is consistent with law and city or
municipal ordinances.
(b) If the Sangguniang Panlungsod or Sangguniang bayan, as the case may be, fails to take
action on Barangay ordinances within thirty (30) days from receipt thereof, the same
shall be deemed approved.
(c) If the Sangguniang Panlungsod or Sangguniang bayan, as the case may be, finds the
Barangay ordinances inconsistent with law or city or municipal ordinances, the
Sanggunian concerned shall, within thirty (30) days from receipt thereof, return the
same with its comments and recommendations to the Sangguniang Barangay concerned
for adjustment, amendment, or modification; in which case, the effectivity of the
Barangay ordinance is suspended until such time as the revision called for is effected.
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The validity of delegating legislative power is now a quiet area in our constitutional landscape.
As sagely observed, delegation of legislative power has become an inevitability in light of the
increasing complexity of the task of government.
To cede to the Executive the power to make law is to invite tyranny, indeed, to transgress the
principle of separation of powers. The exercise of delegated power is given a strict scrutiny by
courts for the delegate is a mere agent whose action cannot infringe the terms of agency.
C. LIMITATIONS ON THE RULE-MAKING POWER
1.) Distinctions between Quasi-legislative power and legislative power
a) LEGISLATIVE power involves the discretion to determine what the law shall be.
QUASI-legislative power only involves the discretion to determine how the law shall
be enforced.
b) LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be
delegated.
2.) Distinguished from judicial power
Judicial Power
The power to courts of justice to settle actual case of controversies involving legal
rights which are demandable and enforceable and to determine whether or not there is
grave abuse of discretion.
3.) Distinguished from administrative function
Administrative Function
Those which involve the regulation and control over the conduct and affairs of
individuals for their own welfare and the promulgation of rules and regulations to better
carry out the policy of the legislature as such are devolved upon the admin agency by
the organic law of existence.
D. REQUISITES FOR VALID DELEGATION OF QUASI-LEGISLATIVE POWER
1.) COMPLETENESS TEST
The law must be complete in all its items and conditions when it leaves the legislature such
that when it reaches the delegate, the only thing they will have to do is enforce it (Eastern
Shipping vs. POEA)
What cannot be delegated are those which are purely legislative in nature. He cannot
determine what the law shall be.
2.) SUFFICIENT STANDARD TEST
To map out the boundaries of the delegates authority by defining legislative policy and
indicating circumstances under which it is pursued.
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SUPPLEMENTARY LEGISLATION
A statute which leaves to the executive the power to fill in the technical details in view
of the latters expertise is a recognized delegation of legislative power.
Must be in compliance with the enabling law and not
1.) CLASSIFICATION OF RULES AND REGULATIONS
a. Those issued by an administrative superior and directed exclusively to the
subordinates --- rules and regulations of internal administration to be observed
by subordinate officials for the prompt and efficient dispatch of government
business and to facilitate the transactions of the general public with the
government;
b. Those directed not only to the inferior officers but also and primarily to
private individuals, fixing the manner by which the terms of a statute are to be
complied with.
2.) TYPES OF RULE-MAKING POWERS
a) Rule-making by reason of particular delegation of authority
(supplementary or detailed legislation)
Refers to the power to issue rules and regulations which have the force and
effect of law;
b) Rule-making by the construction and interpretation of a statute being
administered (interpretative legislation)
Refers to the power to interpret and construe the statutes entrusted to them for
implementation;
c) The ascertainment of facts which will form the basis for the enforcement
of a statute (contingent legislation or determination).
G. SUPPLEMENTARY/DETAILED LEGISLATION
1.) Source enabling law;
2.) Requisites for validity:
It is established in jurisprudence that Congress may validly delegate to administrative
agencies the authority to promulgate rules and regulations to implement a given legislation
and effectuate its policies.
4 REQUISITES OF THE VALID SUPPLEMENTARY DELEGATION
must be germane to the objects and purposes of the law
conform to the standards that the law prescribes
must be reasonable
must be related to carrying in to effect the general provisions of law
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The power of administrative officials to promulgate rules and regulations in the
implementation of a statute is necessarily limited to carrying into effect what is provided
in the legislative enactment.
H. INTERPRETATIVE LEGISLATION
1.) Distinction between rule and interpretation
Victorias Milling Co vs Social Security Commission 114 Phil 555
Ratio: When an administrative agency promulgates rules and regulations, in the exercise
of its rule making power delegated to it by the legislature, it makes a new law with the
force and effect of a valid law. When it renders an opinion, or gives a statement of policy,
it merely interprets a pre-existing law, hence, merely advisory.
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I. CONTINGENT LEGISLATION OR DELEGATION TO ASCERTAIN FACTS
J. PENAL RULES AND REGULATIONS
1.) Requisites for validity of penal rules and regulations.
2.) Imposition of penalties by administrative authorities
K. RATE-FIXING POWER
In case of delegation of rate-fixing power, the only standard which the legislature is required to
prescribe for the guidance of the admin authority is that the rate reasonable and just. However, it
has been held that even in the absence of an express requirement as to reasonableness, this standard
may be implied. The fixing of rate is quasi-legislative when the rules or the rates are meant to
apply to all enterprises of a given kind throughout the Philippines, in which case, notice and
hearing are not required for their validity.
L. EFFECTIVITY OF ADMINISTRATIVE RULES AND REGULATIONS
1.) Publication requirement
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