Digest on Political Law as regards the question on delegation of power.
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Congressman Chiongbian v. v. Exec. Secretary Orbos (1992) Pursuant to the Constitution, Congress passed a law creating the ARMM composed of the 4 provinces which through a plebiscite expressed expressed their votes that they wanted to be included in the said region. region. A total of ! provinces provinces and " cities participated participated in the plebiscite. plebiscite. As the said law law that created ARMM also allowed the President #A$uino% to merge the provinces who voted &'( to be included in the ARMM to be merged into existing regions, )' 4*" was issued transferring certain provinces to other regions. (he transfer of these provinces provinces was $uestioned, they they alleged that Art. ++, -! -! of R.A. R.A. &o. /!4 is is unconstitutional because % it unduly delegates legislative legislative power to the President by authori0ing him to 1merge 2by administrative determination3 the existing regions1 or at any rate provides no standard for the exercise of the power delegated and *% the power granted is not expressed in the title of the law. 5)6 whether the power to 1merge1 administrative regions is legislative or executive in character7 8 )+)C5(9) whether Art. ++, -! is invalid because it contains no standard standard to guide the President:s discretion 8 to promote simplicity, economy and e;ciency in the government to enable it to pursue programs consistent with national goals for accelerated social and economic development and to improve impro ve the service in the transaction of the public business. •
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<)=>6 ?irst issue6 Congress merely merely followed the pattern set in previous legislation dating bac@ to the initial organi0ation of administrative regions in "/*. P> /4* restructured the regional organi0ation of Mindanao, asilan, ulu and (awi8(awi P>. &o. //! further restructured the regional organi0ation of Mindanao P>BBB transferred the regional center of Region + from olo to Damboanga City. (he choice of the the President President as delegate delegate is logical division of the country into intended to facilitate administration administration of local governments, direction of executive departments which the law re$uires should have regional o;ces. n Abbas, we said that power to merge administrative regions is not expressly provided for in the Constitution 5( it is a power traditionally been lodged with the President to facilitate the exercise o of the power of general supervision supervision over local governments 2see Art. +, -4 of the Constitution3.1 Regions not territorial and political divisions li@e provinces, cities, municipalities and o barangays but a 1mere groupings of contiguous provinces for administrative administrative purposes.1 1administrative in nature1 •
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econd issue6 =egislative standard may be expressed or implied &eed not be found in the law challenged because it may be embodied in other statutes on the same subEect as that of the challenged legislation legislation As regards the $uestioned law, the standard is found in another law 8 R.A. &o. B4!B of the power to reorgani0e the )xecutive >epartment, • •
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(he standard is 1to promote simplicity, economy and e;ciency in the government to enable it to pursue programs consistent with national goals for accelerated social and economic development and to improve the service in the transaction of the public business.1