a collections of case digests and laws that can help aspiring law students to become a lawyer
ISSUE: Whether the K to 12 Law constitutes an undue delegation of power
FACTS: On May 15, 2013, Congress passed the K to 12 law, which took effect on June 8, 2013. This essentially adds 2 more years to the then-current 10-year scheme of the Philippine education system.
DECISION: Petitions were denied; RA No 10533 (K to 12 Law), among others, was declared constitutional
RATIO DECIDENDI: There is no undue delegation of legislative power in the enactment of the K to 12 law. To determine this, there are two tests: the completeness test and the sufficient standard test. For completeness test, the law must be complete when it leaves the legislature such that when it reaches the delegate, the only thing he will have to do is to enforce it. For sufficient standard test, it mandates adequate guidelines or limitations in the law to determine the boundaries of the delegate's authority; limits must be specified. The K to 12 law's lack of provision on labor does not render the law incomplete. Clearly, under the two tests, the K to 12 law, is complete in all essential terms and conditions and contains sufficient parameters on the power delegated to the DepEd, CHED and TESDA.
Leave a Reply.