DELEGATION OF POWERS: POWERS : COMPLETENESS TEST
US V. ANG TANG HO G.R. No. 17122
Februar 27! 1"22
THE UNITED STATES! plaintiff-appellee, STATES! plaintiff-appellee, vs. ANG TANG HO! defendant-appellant. HO! defendant-appellant. Background:
PH Legislature passed Act. No. 2868 “An Ant penalizing the monopol and uphol upholdi ding ng o!" and specu specula lati tion on in" in" pala pala"" rice rice"" and and cor corn unde underr e#tra e#traor ordin dinar ar circ circums umstan tances ces"" regul regulati ating ng the dis distri tri$ut $ution ion and sale sale thereo!" and authorizing the %o&ernor'%eneral" (ith the consent o! the )ouncil o! *tate" to issue the necessar rule and regulations there!or" and making an appropriation !or this purpose+ *ec. *ec., , - he he %'% is here$ here$ authorized" whenever" !or !or any cause" condit condition ions s arise arise resul resultin ting g in an extraordinary rise in the price o! pala" rice or corn" to issue and promulgate" (ith the consent o! the )oun )ounci cill o! *tat *tate" e" temp tempor orar ar rule rules s and and emer emerge genc nc meas measur ures es !or carring out the purpose o! this Act.
/acts:
Aug. 0," ,1,1' %'% issued proclamation #ing the price at (hich rice should $e sold Aug. 06" ,1,1' Ang ang Ho" &oluntaril" illegall and criminall sold to Pedro rinidad" one ganta o! rice at the price o! 0.80 cents" (hich is greater than that #ed $ 34 No. 5 Aug. 08" ,1,1' complaint led &s. Ang ang Ho" charging him (ith e#cessi&e sale price" in &iolation o! 34 No. 5 o! the %'% o! PH" in relation (ith the pro&isions o! *ec. ," 2" and 7 o! Act No. 2868 pon pon this this char charge ge"" he (as (as trie tried" d" !oun !ound d guil guilt t and sent senten ence ced d to 5 mont months hs impr impris ison onme ment nt and and to pa pa a ne ne o! P5 P500 00"" !rom !rom (hic (hich h he appealed claiming that the lo(er court erred in nding 34 N4. 5 to $e o! an !orce and e9ect.
ssue:
;
Held:
No. Legislati&e po(ers cannot $e delegated. ;hat can $e delegated is the e#ecution o! the la(s under accepta$le standards" limiting discretion o! the e#ecuti&e. Ho(e&er" the constitution pro&ides certain specic e#emptions. t is the duty of the Legislature to make the law and the Executive to execute the law . he Legislature has no authority to execute the law or construe" as (ell as the Executive has no authority to make or construe a law. *u$>ect to the )onstitution onl" the po(er o! each $ranch is supreme within its own jurisdiction" and it is !or the ?udiciar onl to sa (hen an Act o! the Legislature is or not constitutional. All Legislati&e po(er is &ested in the Legislature" and the po(er con!erred upon the Legislature to make la(s cannot $e delegated to the %'%" or an one else. he Legislature cannot delegate the legislati&e po(er to enact an la(. A la( must $e complete" in all its terms and pro&isions" (hen it lea&es the legislati&e $ranch o! the go&ernment" and nothing must $e le!t to the >udgment o! the electors or the other appointee" so that" in !orm and su$stance" it is a la( in all its details. With the above case" the Legislature left it to the sole discretion of the G-G to sa (hat (as and (hat (as not “an cause+" “an e#traordinar rise in the price+" and under certain undened conditions to # the price should $e sold" (ithout regard to grade or @ualit" also to sa a proclamation should $e issued" and i! so (hether or not the la( should $e en!orced" and its e9ecti&e period. he Legislature did not specify or dene what was !any cause" and !an extraordinary rise in price"# $either did it specify or dene the conditions upon which the proclamation should be issued . n the a$sence o! the proclamation" no crime (as committed. he alleged sale (as made a crime" i! at all" $ecause the %'% issued a proclamation. ?udgment o! lo(er court is reversed and the de!endant discharged.
%&LL 'E(') 6 Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 17122
Februar 27! 1"22
THE UNITED STATES! plaintiff-appellee, vs. ANG TANG HO! defendant-appellant. Williams & Ferrier for appellant. Acting Attorney-General Tuason for appellee. #OHNS! J.: At its special session of 1919, the Philippine e!islatu"e passed Act No. #$6$, entitled %An Act penali&in! the 'onopol( and holdin! of, and speculation in, pala(, "ice, and co"n unde" e)t"ao"dina"( ci"cu'stances, "e!ulatin! the dist"ibution and sale the"eof, and autho"i&in! the *ove"no"-*ene"al, +ith the consent of the Cou ncil of tate, to issue the necessa"( "ules and "e!ulations the"efo", and 'ain! an app"op"iation fo" this pu"pose,% the 'ate"ial p"ovisions of +hich a"e as follo+s ection 1. /he *ove"no"-*ene"al is he"eb( autho"i&ed, +heneve", fo" an( cause, conditions a"ise "esultin! in an e)t"ao"dina"( "ise in the p"ice of pala(, "ice o" co"n, to issue and p"o'ul!ate, +ith the consent of the C ouncil of tate, te'po"a"( "ules and e'e"!enc( 'easu"es fo" ca""(in! out the pu"pose of this Act, to +it
0a /o p"event the 'onopol( and hoa"din! of, and speculation in, pala(, "ice o" co"n. 0b /o establish and 'aintain a !ove"n'ent cont"ol of the dist"ibution o" sale of the co''odities "efe""ed to o" have such dist"ibution o" sale 'ade b( the *ove"n'ent itself. 0c /o fi), f"o' ti'e to ti'e the 2uantities of pala( "ice, o" co"n that a co'pan( o" individual 'a( ac2ui"e, and the 'a)i'u' sale p"ice that the indust"ial o" 'e"chant 'a( de'and. 0d . . . EC. #. 3t shall be unla+ful to dest"o(, li'it, p"event o" in an( othe" 'anne" obst"uct the p"oduction o" 'illin! of pala(, "ice o" co"n fo" the pu"pose o f "aisin! the p"ices the"eof4 to co"ne" o" hoa"d said p"oducts as defined in section th"ee of this Act4 . . . ection 5 defines +hat shall constitute a 'onopol( o" hoa"din! of pala(, "ice o" co"n +ithin the 'eanin! of this Act, but does not specif( the p"ice of "ice o" define an ( basic fo" fi)in! the p"ice. EC. . /he violations of an( of the p"ovisions of this Act o" of the "e!ulations, o"de"s and dec"ees p"o'ul!ated in acco"dance the"e+ith shall be punished b( a fine of not 'o"e than five thousands pesos, o" b( i'p"ison'ent fo" not 'o"e than t+o (ea"s, o" both, in the disc"etion of the cou"t Provided , /hat in the case of co'panies o" co"po"ations the 'ana!e" o" ad'inist"ato" shall be c"i'inall( liable. EC. 7. At an( ti'e that the *ove"no"-*ene"al, +ith the consent of the Council of tate, shall conside" that the public inte"est "e2ui"es the application of the p"ovisions of this Act, he shall so decla"e b( p"ocla'ation, and an( p"ovisions of othe" la+s inconsistent he"e+ith shall f"o' then on be te'po"a"il( suspended. 8pon the cessation of the "easons fo" +hich such p"ocla'ation +as issued, the *ove"no"-*ene"al, +ith the consent of the Council o f tate, shall decla"e the application of this Act to have lie+ise te"'inated, and all la+s te'po"a"il( suspended b( vi"tue of the sa'e shall a!ain tae effect, but such te"'ination shall not p"event the p"osecution of an( p"oceedin!s o" cause be!un p"io" to such te"'ination, no" the filin! of an( p"oceedin!s fo" an offense co''itted du"in! the pe"iod cove"ed b( the *ove"no"-*ene"als p "ocla'ation. Au!ust 1, 1919, the *ove"no"-*ene"al issued a p"ocla'ation fi)in! the p"ice at +hich "ice should be sold. Au!ust $, 1919, a co'plaint +as filed a!ainst the defendant, An! /an! :o, cha"!in! hi' +ith the sale of "ice at an e)cessive p"ice as follo+s
/he unde"si!ned accuses An! /an! :o of a violation of E)ecutive ;"de" No. <5 of the *ove"no"-*ene"al of the Philippines, dated the 1st of Au!ust, 1919, in "elation +ith the p"ovisions of sections 1, # and of Act No. #$6$, co''itted as follo+s /hat on o" about the 6th da( of Au!ust, 1919, in the cit( of Manila, Philippine 3slands, the said An! /an! :o, volunta"il(, ille!all( and c"i'inall( sold to Ped"o /"inidad, one !anta of "ice at the p"ice of ei!ht( centavos 0P.$=, +hich is a p"ice !"eate" than that fi)ed b( E)ecutive ;"de" No. <5 of the *ove"no"-*ene"al of the Philippines, dated the 1st of Au!ust, 1919, unde" the autho"it( of section 1 of Act No. #$6$. Cont"a"( to la+. 8pon this cha"!e, he +as t"ied, found !uilt( and sentenced to five 'onths i'p"ison'ent and to pa( a fine of P<==, f"o' +hich he appealed to this cou"t, clai'in! that the lo+e" cou"t e""ed in findin! E)ecutive ;"de" No. <5 of 1919, to be of an( fo"ce and effect, in findin! the accused !uilt( of the offense cha"!ed, and in i'posin! the sentence. /he official "eco"ds sho+ that the Act +as to tae effect on its app"oval4 that it +as app"oved >ul( 5=, 19194 that the *ove"no"-*ene"al issued his p"ocla'ation on the 1st of Au!ust, 19194 and that the la+ +as fi"st published on the 15th of Au!ust, 19194 and that the p"ocla'ation itself +as fi"st published on the #=th of Au!ust, 1919. /he 2uestion he"e involves an anal(sis and const"uction of Act No. #$6$, in so fa" as it autho"i&es the *ove"no"-*ene"al to fi) the p"ice at +hich "ice should be sold. 3t +ill be noted that section 1 autho"i&es the *ove"no"-*ene"al, +ith the consent of the Council of tate, fo" an( cause "esultin! in an e)t"ao"dina"( "ise in the p"ice of pala(, "ice o" co"n, to issue and p"o'ul!ate te'po"a"( "ules and e'e"!enc( 'easu"es fo" ca""(in! ou t the pu"poses of the Act. B( its ve"( te"'s, the p"o'ul!ation of te'po"a"( "ules and e'e"!enc( 'easu"es is left to the disc"etion of the *ove"no"-*ene"al. /he e!islatu"e does n ot unde"tae to specif( o" define unde" +hat conditions o" fo" +hat "easons the *ove"no"-*ene"al shall issue the p"ocla'ation, but sa(s that it 'a( be issued %fo" an( cause,% and leaves the 2uestion as to +hat is %an( cause% to the disc"etion of the *ove"no"-*ene"al. /he Act also sa(s %?o" an( cause, conditions a"ise "esultin! in an e)t"ao"dina"( "ise in the p"ice of pala(, "ice o" co"n.% /he e!islatu"e does not specif( o" define +hat is %an e)t"ao"dina"( "ise.% /hat is also left to the disc"etion of the *ove"no"-*ene"al. /he Act also sa(s that the *ove"no"-*ene"al, %+ith the consent of the Council of tate,% is autho"i&ed to issue and p"o'ul!ate %te'po"a"( "ules and e'e"!enc( 'easu"es fo" ca""(in! out the pu"poses of this Act.% 3t does not specif( o" define +hat is a te'po"a"( "ule o" an e'e"!enc( 'easu"e, o" ho+ lon! such te'po"a"( "ules o" e'e"!enc( 'easu"es shall "e'ain in fo"ce and effect, o" +hen the( shall tae effect. /hat is to sa(, the e!islatu"e itself has not in an( 'anne" specified o" defined an( basis fo" the o"de", but has left it to the sole @ud!e'ent and disc"etion of the *ove"no"*ene"al to sa( +hat is o" +hat is not %a cause,% and +hat is o" +hat is not %an e)t"ao"dina"( "ise in the p"ice of "ice,% and as to +hat is a te'po"a"( "ule o" an e'e"!enc( 'easu"e fo" the ca""(in! out the pu"poses of the Act. 8nde" this state of facts, if the la+ is valid and the *ove"no"-*ene"al issues a p"ocla'ation fi)in! the 'ini'u' p"ice at +hich "ice should be sold, an( deale" +ho, +ith o" +ithout notice, sells "ice at a hi!he" p"ice, is a c"i'inal. /he"e
'a( not have been an( cause, and the p"ice 'a( not have been e)t"ao"dina"(, and the"e 'a( not have been an e'e"!enc(, but, if the *ove"no"-*ene"al found the e)istence of such facts and issued a p"ocla'ation, and "ice is sold at an( hi!he" p"ice, the selle" co''its a c"i'e. B( the o"!anic la+ of the Philippine 3slands and the Constitution of the 8nited tates all po+e"s a"e vested in the e!islative, E)ecutive and >udicia"(. 3t is the dut( of the e!islatu"e to 'ae the la+4 of the E)ecutive to e)ecute the la+4 and of the >udicia"( to const"ue the la+. /he e!islatu"e has no autho"it( to e)ecute o" const"ue the la+, the E)ecutive has no autho"it( to 'ae o" const"ue the la+, and the >udicia"( has no po +e" to 'ae o" e)ecute the la+. ub@ect to the Constitution onl(, the po+e" of each b"an ch is sup"e'e +ithin its o+n @u"isdiction, and it is fo" the >udicia"( onl( to sa( +hen an( Act of the e!islatu"e is o" is not constitutional. Assu'in!, +ithout decidin!, that the e!islatu"e itself has the po+e" to fi) the p"ice at +hich "ice is to be sold, can it dele!ate that po+e" to anothe", and, if so, +as that po+e" le!all( dele!ated b( Act No. #$6$ 3n othe" +o"ds, does the Act dele!ate le!islative po+e" to the *ove"no"-*ene"al B( the ;"!anic a+, all e!islative po+e" is vested in the e!islatu"e, and the po+e" confe""ed upon the e!islatu"e to 'ae la+s cannot be dele!ated to the *ove"no"-*ene"al, o" an( one else. /he e!islatu"e cannot dele!ate the le!islative po+e" to enact an ( la+. 3f Act no #$6$ is a la+ unto itself and +ithin itself, and it does nothin! 'o"e than to autho"i&e the *ove"no"-*ene"al to 'ae "ules and "e!ulations to ca""( the la+ into effect, then the e!islatu"e itself c"eated the la+. /he"e is no dele!ation of po+e" and it is valid. ;n the othe" hand, if the Act +ithin itself does not define c"i'e, and is not a la+, and so'e le!islative act "e'ains to be done to 'ae it a la+ o" a c"i'e, the doin! of +hich is vested in the *ove"no"-*ene"al, then the Act is a dele!ation of le!islative po+e", is unconstitutional and void. /he up"e'e Cou"t of the 8nited tates in +hat is no+n as the Granger Cases 09 8.., 1$5-1$74 # . ed., 9, fi"st laid do+n the "ule Rail"oad co'panies a"e en!a!ed in a public e'plo('ent affectin! the public inte"est and, unde" the decision in Munn vs. 3ll., ante, 77, a"e sub@ect to le!islative cont"ol as to thei" "ates of fa"e and f"ei!ht unless p"otected b( thei" cha"te"s. /he 3llinois statute of Ma". #5, 1$7, to establish "easonable 'a)i'u' "ates of cha"!es fo" the t"anspo"tation of f"ei!hts and passen!e"s on the diffe"ent "ail"oads of the tate is not void as bein! "epu!nant to the Constitution of the 8nited tates o" to that of the tate. 3t +as the"e fo" the fi"st ti'e held in substance that a "ail"oad +as a public utilit(, and that, bein! a public utilit(, the tate had po+e" to establish "easonable 'a)i'u' f"ei!ht and passen!e" "ates. /his +as follo+ed b( the tate of Minnesota in enactin! a si'ila" la+, p"ovidin! fo", and e'po+e"in!, a "ail"oad co''ission to hea" and dete"'ine +hat +as a @ust and "easonable "ate. /he constitutionalit( of this la+ +as attaced and upheld b( the up"e'e Cou"t of Minnesota in a lea"ned and e)haustive opinion b( >ustice Mitchell, in the
case of tate vs. Chica!o, Mil+auee t. Paul "(. Co. 05$ Minn., #$1, in +hich the cou"t held egulations of rail!ay tariffs " Conclusiveness of commission#s tariffs. 8nde" a+s 1$$7, c. 1=, sec. $, the dete"'ination of the "ail"oad and +a"ehouse co''ission as to +hat a"e e2ual and "easonable fa"es and "ates fo" the t"anspo"tation of pe"sons and p"ope"t( b( a "ail+a( co'pan( is conclusive, and, in p"oceedin!s b( mandamus to co'pel co'pliance +ith the ta"iff of "ates "eco''ended and published b( the', no issue can be "aised o" in2ui"( had on that 2uestion. $ame " constitution " %elegation of po!er to commission. /he autho"it( thus !iven to the co''ission to dete"'ine, in the e)e"cise of thei" disc"etion and @ud!e'ent, +hat a"e e2ual and "easonable "ates, is not a dele!ation of le!islative po+e". 3t +ill be noted that the la+ c"eatin! the "ail"oad co''ission e)p"essl( p"ovides /hat all cha"!es b( an( co''on ca""ie" fo" the t"anspo"tation of passen!e"s and p"ope"t( shall be e2ual and "easonable. Dith that as a basis fo" the la+, po+e" is then !iven to the "ail"oad co''ission to investi!ate all the facts, to hea" and dete"'ine +hat is a @ust and "easonable "ate. Even then that la+ does not 'ae the violation of the o"de" of the co''ission a c"i'e. /he onl( "e'ed( is a civil p"oceedin!. 3t +as the"e held /hat the le!islative itself has the po+e" to "e!ulate "ail"oad cha"!es is no+ too +ell settled to "e2ui"e eithe" a"!u'ent o" citation of autho"it(. /he diffe"ence bet+een the po+e" to sa( +hat the la+ shall be, and the po+e" to adopt "ules and "e!ulations, o" to investi!ate and dete"'ine the facts, in o"de" to ca""( into effect a la+ al"ead( passed, is appa"ent. /he t"ue distinction is bet+een the dele!ation of po+e" to 'ae the la+, +hich necessa"il( involves a disc"etion as to +hat it shall be, and the confe""in! an autho"it( o" disc"etion to be e)e"cised unde" and in pu"suance of the la+. /he le!islatu"e enacts that all f"ei!hts "ates and passen!e" fa"es should be @ust and "easonable. 3t had the undoubted po+e" to fi) these "ates at +hateve" it dee'ed e2ual and "easonable. /he( have not dele!ated to the co''ission an( autho"it( o" disc"etion as to +hat the la+ shall be, +hich +ould not be allo+able, but have 'e"el( confe""ed upon it an autho"it( and disc"etion, to be e)e"cised in the e)ecution of the la+, and unde" and in pu"suance of it, +hich is enti"el( pe"'issible. /he le!islatu"e itself has passed upon the e)pedienc( of the la+, and +hat is shall be. /he co''ission is int"usted
+ith no autho"it( o" disc"etion upon these 2uestions. 3t can neithe" 'ae no" un'ae a sin!le p"ovision of la+. 3t is 'e"el( cha"!ed +ith the ad'inist"ation of the la+, and +ith no othe" po+e". /he dele!ation of le!islative po+e" +as befo"e the up"e'e Cou"t of Disconsin in o+lin! vs. ancoshi"e 3ns. Co. 09# Dis., 65. /he o pinion sa(s %/he t"ue distinction is bet+een the dele!ation of po+e" to 'ae the la+, +hich necessa"il( involves a disc"etion as to +hat it shall be, and confe""in! autho"it( o" disc"etion as to its e)ecution, to be e)e"cised unde" and in pu"suance of the la+. /he fi"st cannot be done4 to the latte" no valid ob@ection can be 'ade.% /he act, in ou" @ud!'ent, +holl( fails to p"ovide definitel( and clea"l( +hat the standa"d polic( should contain, so that it could be put in use as a unifo"' polic( "e2ui"ed to tae the place of all othe"s, +ithout the dete"'ination of the insu"ance co''issione" in "espect to 'ate"s involvin! the e)e"cise of a le!islative disc"etion that could not be dele!ated, and +ithout +hich the act could not possibl( be put i n use as an act in confi"'it( to +hich all fi"e insu"ance policies +e"e "e2ui"ed to be issued. /he "esult of all the cases on this sub@ect is that a la+ 'ust be co'plete, in all its te"'s and p"ovisions, +hen it leaves the le!islative b"anch of the !ove"n'ent, and nothin! 'ust be left to the @ud!e'ent of the electo"s o" othe" appointee o" dele!ate of the le!islatu"e, so that, in fo"' and substance, it is a la+ in all its details in presenti , but +hich 'a( be left to tae effect in futuro, if necessa"(, upon the asce"tain'ent of an( p"esc"ibed fact o" event. /he dele!ation of le!islative po+e" +as befo"e the up"e'e Cou"t in 8nited tates vs. *"i'aud 0##= 8.., <=64 << . ed., <65, +he"e it +as held that the "ules and "e!ulations of the ec"eta"( of A!"icultu"e as to a t"espass on !ove"n'ent land in a fo"est "ese"ve +e"e valid constitutional. /he Act the"e p"ovided that the ec"eta"( of A!"icultu"e %. . . 'a( 'ae such "ules and "e!ulations and establish such se"vice as +ill insu"e the ob@ect of such "ese"vations4 na'el(, to "e!ulate thei" occupanc( and use, and to p"ese"ve the fo"ests the"eon f"o' dest"uction4and any violation of te provisions of tis act or suc rules and regulations sall be punised , . . .% /he b"ief of the 8nited tates olicito"-*ene"al sa(s 3n "efusin! pe"'its to use a fo"est "ese"vation fo" stoc !"a&in!, e)cept upon stated te"'s o" in stated +a(s, the ec"eta"( of A!"icultu"e 'e"el( asse"t and enfo"ces the p"op"ieta"( "i!ht of the 8nited tates ove" land +hich it o+ns. /he "e!ulation of the ec"eta"(, the"efo"e, is not an e)e"cise of le!islative, o" even of ad'inist"ative, po+e"4 but is an o"dina"( and le!iti'ate "efusal of the lando+ne"s autho"i&ed a!ent to allo+ pe"son havin! no "i!ht in the land to use it as the( +ill. /he "i!ht of p"op"ieta"( cont"ol is alto!ethe" diffe"ent f"o' !ove"n'ental autho"it(. /he opinion sa(s
?"o' the be!innin! of the !ove"n'ent, va"ious acts have been passed confe""in! upon e)ecutive office"s po+e" to 'ae "ules and "e!ulations, not fo" the !ove"n'ent of thei" depa"t'ents, but fo" ad'iniste"in! the la+s +hich d id !ove"n. None of these statutes could confe" le!islative po+e". But +hen Con!"ess had le!islated po+e". But +hen Con!"ess had le!islated and indicated its +ill, it could !ive to those +ho +e"e to act unde" such !ene"al p"ovisions %po+e" to fill up the details% b( the establish'ent of ad'inist"ative "ules and "e!ulations, the violation of +hich could be punished b( fine o" i'p"ison'ent fi)ed b( Con!"ess, o" b( penalties fi)ed b( Con!"ess, o" 'easu"ed b( the in@u"( done. /hat %Con!"ess cannot dele!ate le!islative po+e" is a p"inciple unive"sall( "eco!ni&ed as vital to the inte!"it( and 'aintenance of the s(ste' of !ove"n'ent o"dained b( the Constitution.% 3f, afte" the passa!e of the act and the p"o'ul!ation of the "ule, the defendants d"ove and !"a&ed thei" sheep upon the "ese"ve, in violation of the "e!ulations, the( +e"e 'ain! an unla+ful use of the !ove"n'ents p"ope"t(. 3n doin! so the( the"eb( 'ade the'selves liable to the penalt( i'posed b( Con!"ess. /he sub@ects as to +hich the ec"eta"( can "e!ulate a"e defined. /he lands a"e set apa"t as a fo"est "ese"ve. :e is "e2ui"ed to 'ae p"ovisions to p"otect the' f"o' dep"edations and f"o' ha"'ful uses. :e is autho"i&ed to "e!ulate the occupanc( and use and to p"ese"ve the fo"ests f"o' dest"uction. A violation of "easonable "ules "e!ulatin! the use and occupanc( of the p"ope"t( is 'ade a c"i'e, not b( the ec"eta"(, but b( Con!"ess.% /he above a"e leadin! cases in the 8nited tates on the 2uestion of dele!atin! le!islative po+e". 3t +ill be noted that in the %*"an!e" C ases,% it +as held that a "ail"oad co'pan( +as a public co"po"ation, and that a "ail"oad +as a public utilit(, and that, fo" such "easons, the le!islatu"e had the po+e" to fi) and dete"'ine @ust and "easonable "ates fo" f"ei!ht and passen!e"s. /he Minnesota case held that, so lon! as the "ates +e"e @ust and "easonable, the le!islatu"e could dele!ate the po+e" to asce"tain the facts and dete"'ine f"o' the facts +hat +e"e @ust and "easonable "ates,. and that in vestin! the co''ission +ith such po+e" +as not a dele!ation of le!islative po+e". /he Disconsin case +as a civil action founded upon a %Disconsin standa"d polic( of fi"e insu"ance,% and the cou"t held that %the act, . . . +holl( fails to p"ovide definitel( and clea"l( +hat the standa"d polic( should contain, so that it could be put in use as a unifo"' polic( "e2ui"ed to tae the place of all othe"s, +ithout the dete"'ination of the insu"ance co''issione" in "espect to 'atte"s involvin! the e)e"cise of a le!islative disc"etion that could not be dele!ated.% /he case of the 8nited tates up"e'e Cou"t, sup"a dealt +ith "ules and "e!ulations +hich +e"e p"o'ul!ated b( the ec"eta"( of A!"icultu"e fo" *ove"n'ent land in the fo"est "ese"ve.
/hese decisions hold that the le!islative onl( can enact a la +, and that it cannot dele!ate it le!islative autho"it(. /he line of cleava!e bet+een +hat is and +hat is not a dele!ation of le!islative po+e" is pointed out and clea"l( defined. As the up"e'e Cou"t of Disconsin sa(s /hat no pa"t of the le!islative po+e" can be dele!ated b( the le!islatu"e to an( othe" depa"t'ent of the !ove"n'ent, e)ecutive o" @udicial, is a funda'ental p"inciple in constitutional la+, essential to the inte!"it( and 'aintenance of the s(ste' of !ove"n'ent established b( the constitution. Dhe"e an act is clothed +ith all the fo"'s of la+, and is co'plete in and of itself, it 'a( be p"ovided that it shall beco'e ope "ative onl( upon so'e ce"tain act o" event, o", in lie 'anne", that its ope"ation shall be suspended. /he le!islatu"e cannot dele!ate its po+e" to 'ae a la+, but it can 'ae a la+ to dele!ate a po+e" to dete"'ine so'e fact o" state of thin!s upon +hich the la+ 'aes, o" intends to 'ae, its o+n action to depend. /he Filla!e of ittle Chute enacted an o"dinance +hich p"ovides All saloons in said villa!e shall be closed at 11 ocloc P.M. each da( and "e'ain closed until < ocloc on the follo+in! 'o"nin!, u nless b( special pe"'ission of the p"esident. Const"uin! it in 156 Dis., <#64 1#$ A. . R., 11==, 1 the up"e'e Cou"t of that tate sa(s De "e!a"d the o"dinance as void fo" t+o "easons4 ?i"st, because it atte'pts to confe" a"bit"a"( po+e" upon an e)ecutive office", and allo+s hi', in e)ecutin! the o"dinance, to 'ae un@ust and !"oundless disc"i'inations a'on! pe"sons si'ila"l( situated4 second, because the po+e" to "e!ulate saloons is a la+-'ain! po+e" vested in the villa!e boa"d, +hich cannot be dele!ated. A le!islative bod( cannot dele!ate to a 'e"e ad'inist"ative office" po+e" to 'ae a la+, but it can 'ae a la+ +ith p"ovisions that it shall !o into effect o" be suspended in its ope"ations upon the asce"tain'ent of a fact o" state of facts b( an ad'inist"ative office" o" boa"d. 3n the p"esent case the o"dinance b( its te"'s !ives po+e" to the p"esident to decide a"bit"a"(, and in the e)e"cise of his o+n disc"etion, +hen a saloon shall close. /his is an atte'pt to vest le!islative disc"etion in hi', and cannot be sustained. /he le!al p"inciple involved the"e is s2ua"el( in point he"e. 3t 'ust be conceded that, afte" the passa!e of act No. #$6$, and befo"e an( "ules and "e!ulations +e"e p"o'ul!ated b( the *ove"no"-*ene"al, a deale" in "ice could sell it at an( p"ice, even at a peso pe" %!anta,% and that he +ould not co''it a c"i'e, because the"e +ould be no la+ fi)in! the p"ice of "ice, and the sale of it at an( p"ice +ould not be a c"i'e.
/hat is to sa(, in the absence of a p"ocla'ation, it +as not a c"i'e to sell "ice at an( p"ice. :ence, it 'ust follo+ that, if the defendant co''itted a c"i'e, it +as because the *ove"no"*ene"al issued the p"ocla'ation. /he"e +as no act of the e!islatu"e 'ain! it a c"i'e to sell "ice at an( p"ice, and +ithout the p"ocla'ation, the sale of it at an( p"ice +as to a c"i'e. /he E)ecutive o"de" # p"ovides 0< /he 'a)i'u' sellin! p"ice of pala(, "ice o" co"n is he"eb( fi)ed, fo" the ti'e bein! as follo+s 3n Manila Pala( at P6.7< pe" sac of <7G ilos, o" #9 centavos pe" !anta. Rice at P1< pe" sac of <7G ilos, o" 65 centavos pe" !anta. Co"n at P$ pe" sac of <7G ilos, o" 5 centavos pe" !anta. 3n the p"ovinces p"oducin! pala(, "ice and co"n, the 'a)i'u' p"ice shall be the Manila p"ice less the cost of t"anspo"tation f"o' the sou"ce of suppl( and necessa"( handlin! e)penses to the place of sale, to be dete"'ined b( the p"ovincial t"easu"e"s o" thei" deputies. 3n p"ovinces, obtainin! thei" supplies f"o' Manila o" othe" p"oducin! p"ovinces, the 'a)i'u' p"ice shall be the autho"i&ed p"ice at the place of suppl( o" the Manila p"ice as the case 'a( be, plus the t"anspo"tation cost, f"o' the place of suppl( and the necessa"( handlin! e)penses, to the place of sale, to be dete"'ined b( the p"ovincial t"easu"e"s o" thei" deputies. 06 P"ovincial t"easu"e"s and thei" deputies a"e he"eb( di"ected to co''unicate +ith, and e)ecute all inst"uctions e'anatin! f"o' the i"ecto" of Co''e"ce and 3ndust"(, fo" the 'ost effective and p"ope" enfo"ce'ent of the above "e!u lations in thei" "espective localities. /he la+ sa(s that the *ove"no"-*ene"al 'a ( fi) %the 'a)i'u' sale p"ice that the indust"ial o" 'e"chant 'a( de'and.% /he la+ is a !ene"al la+ and not a local o" special la+. /he p"ocla'ation unde"taes to fi) one p"ice fo" "ice in Manila and othe" and diffe"ent p"ices in othe" and diffe"ent p"ovinces in the Philippine 3slands, and dele!ates the po+e" to dete"'ine the othe" and diffe"ent p"ices to p"ovincial t"easu"e"s and thei" deputies. :e"e, then, (ou +ould have a dele!ation of le!islative po+e" to the *ove"no"-*ene"al, and a dele!ation b( hi' of that po+e" to p"ovincial t"easu"e"s and thei" deputies, +ho %a"e he"eb( di"ected to co''unicate +ith, and e)ecute all inst"uctions e'anatin! f"o' the i"ecto" of Co''e"ce and 3ndust"(, fo" the 'ost effective and p"ope" enfo"ce'ent of the above "e!ulations in thei" "espective localities.% /he issuance of the p"ocla'ation b( the *ove"no"-
*ene"al +as the e)e"cise of the dele!ation of a dele!ated po+e", and +as even a sub dele!ation of that po+e". Assu'in! that it is valid, Act No. #$6$ is a !ene"al la+ and does not autho"i&e the *ove"no"-*ene"al to fi) one p"ice of "ice in Manila and anothe" p"ice in 3loilo. 3t onl( pu"po"ts to autho"i&e hi' to fi) the p"ice of "ice in the Philippine 3slands unde" a la+, +hich is *ene"al and unifo"', and not local o" special. 8nde" the te"'s of the la+, the p"ice of "ice fi)ed in the p"ocla'ation 'ust be the sa'e all ove" the 3slands. /he"e cannot be one p"ice at Manila and anothe" at 3loilo. A!ain, it is a 'ate" of co''on no+led!e, and of +hich this cou"t +ill tae @udicial notice, that the"e a"e 'an( inds of "ice +ith diffe"ent and co""espondin! 'a"et values, and that the"e is a +ide "an!e in the p"ice, +hich va"ies +ith the !"ade and 2ualit(. Act No. #$6$ 'aes no distinction in p"ice fo" the !"ade o" 2ualit( of the "ice, and the p"ocla'ation, upon +hich the defendant +as t"ied and convicted, fi)es the sellin! p"ice of "ice in Manila %at P1< pe" sac of <7G ilos, o" 65 centavos pe" !anta,% and is unifo"' as to all !"ades of "ice, and sa(s nothin! about !"ade o" 2ualit(. A!ain, it +ill be noted that the la+ is confined to pala(, "ice and co"n. /he( a"e p"oducts of the Philippine 3slands. :e'p, tobacco, coconut, chicens, e!!s, and 'an( othe" thin!s a"e also p"oducts. An( la+ +hich sin!le out pala(, "ice o" co"n f"o' the nu'e"ous othe" p"oducts of the 3slands is not !ene"al o" unifo"', but is a local o" special la+. 3f such a la+ is valid, then b ( the sa'e p"inciple, the *ove"no"-*ene"al could be au tho"i&ed b( p"ocla'ation to fi) the p"ice of 'eat, e!!s, chicens, coconut, he'p, and tobacco, o" an( othe" p"oduct of the 3slands. 3n the ve"( natu"e of thin!s, all of that class of la+s should be !ene"al and unifo"'. ;the"+ise, the"e +ould be an un@ust disc"i'ination of p"ope"t( "i!hts, +hich, unde" the la+, 'ust be e2ual and info"'. Act No. #$6$ is nothin! 'o"e than a floatin! la+, +hich, in the disc"etion and b( a p"ocla'ation of the *ove"no"-*ene"al, 'aes it a floatin! c"i'e to sell "ice at a p"ice in e)cess of the p"ocla'ation, +ithout "e!a"d to ! "ade o" 2ualit(. Dhen Act No. #$6$ is anal(&ed, it is the violation of the p"ocla'ation of the *ove"no"*ene"al +hich constitutes the c"i'e. Dithout that p"ocla'ation, it +as no c"i'e to sell "ice at an( p"ice. 3n othe" +o"ds, the e!islatu"e left it to the sole disc"etion of the *ove"no"*ene"al to sa( +hat +as and +hat +as not %an( cause% fo" enfo"cin! the act, and +hat +as and +hat +as not %an e)t"ao"dina"( "ise in the p"ice of pala (, "ice o" co"n,% and unde" ce"tain undefined conditions to fi) the p"ice at +hich "ice should be sold, +ithout "e!a"d to !"ade o" 2ualit(, also to sa( +hethe" a p"ocla'ation should be issued, if so, +hen, and +hethe" o" not the la+ should be enfo"ced, ho+ lon! it should be enfo"ced, and +hen the la+ should be suspended. /he e!islatu"e did not specif( o" define +hat +as %an( cause,% o" +hat +as %an e)t"ao"dina"( "ise in the p"ice of "ice, pala( o" co"n,% Neithe" did it specif( o" define the conditions upon +hich the p"ocla'ation should be issued. 3n the absence of the p"ocla'ation no c"i'e +as co''itted. /he alle!ed sale +as 'ade a c"i'e, if at all, because the *ove"no"-*ene"al issued the p"ocla'ation. /he act o" p"ocla'ation does not sa( an(thin! about the diffe"ent !"ades o" 2ualities of "ice, and the defendant is cha"!ed +ith the sale %of one !anta of "ice at the p"ice of ei!ht( centavos 0P=.$= +hich is a p"ice !"eate" than that fi)ed b( E)ecutive o"de" No. <5 .%
De a"e clea"l( of the opinion and hold that Act No. #$6$, in so fa" as it unde"taes to autho"i&ed the *ove"no"-*ene"al in his disc"etion to issue a p"ocla'ation, fi)in! the p"ice of "ice, and to 'ae the sale of "ice in violation of the p"ice of "ice, a nd to 'ae the sale of "ice in violation of the p"ocla'ation a c"i'e, is unconstitutional and void. 3t 'a( be u"!ed that the"e +as an e)t"ao"dina"( "ise in the p"ice of "ice and p"ofitee"in!, +hich +o"ed a seve"e ha"dship on the poo"e" classes, and that an e'e"!enc( e)isted, but the 2uestion he"e p"esented is the constitutionalit( of a pa"ticula" po"tion of a statute, and none of such 'atte"s is an a"!u'ent fo", o" a!ainst, its constitutionalit(. /he Constitution is so'ethin! solid, pe"'anent an substantial. 3ts stabilit( p"otects the life, libe"t( and p"ope"t( "i!hts of the "ich and the poo" alie, and that p"otection ou!ht not to chan!e +ith the +ind o" an( e'e"!enc( condition. /he funda'ental 2uestion involved in this case is the "i!ht of the people of the Philippine 3slands to be and live unde" a "epublican fo"' of !ove"n'ent. De 'ae the b"oad state'ent that no state o" nation, livin! unde" "epublican fo"' of !ove"n'ent, unde" the te"'s and conditions specified in Act No. #$6$, has eve" enacted a la+ dele!atin! the po+e" to an( one, to fi) the p"ice at +hich "ice should be sold. /hat po+e" can neve" be dele!ated unde" a "epublican fo"' of !ove"n'ent. 3n the fi)in! of the p"ice at +hich the defendant should sell his "ice, the la + +as not dealin! +ith !ove"n'ent p"ope"t(. 3t +as dealin! +ith p"ivate p"ope"t( and p"ivate "i!hts, +hich a"e sac"ed unde" the Constitution. 3f this la+ should be sustained, upon the sa'e p"inciple and fo" the sa'e "eason, the e!islatu"e could autho"i&e the *ove"no"-*ene"al to fi) the p"ice of eve"( p"oduct o" co''odit( in the Philippine 3slands, and e'po+e" hi' to 'ae it a c"i'e to sell an( p"oduct at an( othe" o" diffe"ent p"ice. 3t 'a( be said that this +as a +a" 'easu"e, and that fo" such "eason the p"ovision of the Constitution should be suspended. But the tubbo"n fact "e'ains that at all ti'es the @udicial po+e" +as in full fo"ce and effect, and that +hile that po+e" +as in fo"ce and effect, such a p"ovision of the Constitution could not be, and +as not, suspended even in ti'es of +a". 3t 'a( be clai'ed that du"in! the +a", the 8nited tates *ove"n'ent unde"too to, and did, fi) the p"ice at +hich +heat and flou" should be bou!ht and sold, and that is t"ue. /he"e, the 8nited tates had decla"ed +a", and at the ti'e +as at +a" +ith othe" nations, and it +as a +a" 'easu"e, but it is also t"ue that in doin! so, and as a pa"t of the sa'e act, the 8nited tates co''andee"ed all the +heat and flou", and too possession of it, eithe" actual o" const"uctive, and the !ove"n'ent itself beca'e the o+ne" of the +heat and flou", and fi)ed the p"ice to be paid fo" it. /hat is not this case. :e"e the "ice sold +as the pe"sonal and p"ivate p"ope"t( of the defendant, +ho sold it to one of his custo'e"s. /he !ove"n'ent had not bou!ht and did not clai' to o+n the "ice, o" have an( inte"est in it, and at the ti'e of the alle!ed sale, it +as the pe"sonal, p"ivate p"ope"t( of the defendant. 3t 'a( be that the la+ +as passed in the inte"est of the public, but the 'e'be"s o f this cou"t have taen on sole'n oath to uphold and defend the Constitution, and it ou!ht not to be const"ued to 'eet the chan!in! +inds o" e'e"!enc( conditions. A!ain, +e sa( that no state o" nation unde" a "epublican fo"' of !ove"n'ent eve" enacted a la+ autho"i&in! an( e)ecutive, unde" the conditions states, to fi) the p"ice at +hich a p"ice pe"son +ould sell his
o+n "ice, and 'ae the b"oad state'ent that no decision of an( cou"t, on p"inciple o" b( analo!(, +ill eve" be found +hich sustains the constitutionalit( of the pa"ticula" po"tion of Act No. #$6$ he"e in 2uestion. B( the te"'s of the ;"!anic Act, sub@ect onl( to constitutional li'itations, the po+e" to le!islate and enact la+s is vested e)clusivel( in the e!islative, +hich is elected b( a di"ect vote of the people of the Philippine 3slands. As to the 2uestion he"e involved, the autho"it( of the *ove"no"-*ene"al to fi) the 'a)i'u' p"ice at +hich pala(, "ice and co"n 'a( be sold in the 'anne" po+e" in violation of the o"!anic la+. /his opinion is confined to the pa"ticula" 2uestion he"e involved, +hich is the "i!ht of the *ove"no"-*ene"al, upon the te"'s and conditions stated in the Act, to fi) the p"ice of "ice and 'ae it a c"i'e to sell it at a hi!he" p"ice, and +hich holds that po"tions of the Act unconstitutional. 3t does not decide o" unde"tae to const"ue the constitutionalit( of an( of the "e'ainin! po"tions of the Act. /he @ud!'ent of the lo+e" cou"t is "eve"sed, and the defendant discha"!ed. o o"de"ed. Araullo, C.'., 'onson, $treet and (strand, ''., concur. omualde), '., concurs in te result.
