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Abakada Guro Party List Vs Ermita Case Digest
Abakada Guro Party List Vs Ermita Case Digest
Ermita
Post under case digests, Political Law at Monday, March 05, 2012 Posted by Schizophrenic Mind
Facts: On May 24, 2005, the President signed into law Republic Act 9337 or the VAT Reform
Act. Before the law took effect on July 1, 2005, the Court issued a TRO enjoining government
from implementing the law in response to a slew of petitions for certiorari and prohibition
questioning the constitutionality of the new law.
The challenged section of R.A. No. 9337 is the common proviso in Sections 4, 5 and 6: That
the President, upon the recommendation of the Secretary of Finance, shall, effective January 1,
2006, raise the rate of value-added tax to 12%, after any of the following conditions has been
satisfied:
(i) Value-added tax collection as a percentage of Gross Domestic Product (GDP) of the previous
year exceeds two and four-fifth percent (2 4/5%);
or (ii) National government deficit as a percentage of GDP of the previous year exceeds one
and one-half percent (1%)
Petitioners allege that the grant of stand-by authority to the President to increase the VAT rate is
an abdication by Congress of its exclusive power to tax because such delegation is not covered
by Section 28 (2), Article VI Consti. They argue that VAT is a tax levied on the sale or exchange
of goods and services which cant be included within the purview of tariffs under the exemption
delegation since this refers to customs duties, tolls or tribute payable upon merchandise to the
government and usually imposed on imported/exported goods. They also said that the President
has powers to cause, influence or create the conditions provided by law to bring about the
conditions precedent. Moreover, they allege that no guiding standards are made by law as to
how the Secretary of Finance will make the recommendation.
Issue: Whether or not the RA 9337's stand-by authority to the Executive to increase the VAT
rate, especially on account of the recommendatory power granted to the Secretary of Finance,
constitutes undue delegation of legislative power? NO
Held: The powers which Congress is prohibited from delegating are those which are strictly, or
inherently and exclusively, legislative. Purely legislative power which can never be delegated is
the authority to make a complete law- complete as to the time when it shall take effect and as to
whom it shall be applicable, and to determine the expediency of its enactment. It is the nature of
the power and not the liability of its use or the manner of its exercise which determines the
validity of its delegation.
The exceptions are:
evaluate them. His function is to gather and collate statistical data and other pertinent
information and verify if any of the two conditions laid out by Congress is present.
Congress does not abdicate its functions or unduly delegate power when it describes what job
must be done, who must do it, and what is the scope of his authority; in our complex economy
that is frequently the only way in which the legislative process can go forward.
There is no undue delegation of legislative power but only of the discretion as to the execution
of a law. This is constitutionally permissible. Congress did not delegate the power to tax but the
mere implementation of the law.