The project identifications made by the Executive should always be in the nature of law enforcement
and, hence, for the sole purpose of enforcing an existing appropriation law. In relation thereto, it may purpose of
(a) filling up the details of the law for its enforcement, known as
supplementary rule-making, or
(b) ascertaining facts to bring the law into
actual operation, referred to as contingent rule-making.
There are two (2)
fundamental tests to ensure that the legislative guidelines for delegated rule making
are indeed adequate.
The first test is called the "completeness test."
Case law states that a law is complete when it sets forth therein the policy to
be executed, carried out, or implemented by the delegate.
On the other hand,
the second test is called the "sufficient standard test." Jurisprudence holds
that a law lays down a sufficient standard when it provides adequate
guidelines or limitations in the law to map out the boundaries of the
delegate's authority and prevent the delegation from running riot. 247 To be
sufficient, the standard must specify the limits of the delegate's authority,
announce the legislative policy, and identify the conditions under which it is
to b e t.m p 1e mente d .2 48