Cruz vs Youngberg Case Digest

Cruz vs Youngberg Case Digest – G.R. No. L-34674 October 26, 1931

Cruz vs Youngberg Case Digest

This is a petition brought originally before the Court of First Instance of Manila for the issuance of a writ of mandatory injunction against the respondent, Stanton Youngberg, as Director of the Bureau of Animal Industry, requiring him to issue a permit for the landing of ten large cattle imported by the petitioner and for the slaughter thereof. The petitioner attacked the constitutionality of Act No. 3155, which at present prohibits the importation of cattle from foreign countries into the Philippine Islands.

Facts

Petitioner Mauricio Cruz filed a complaint before the Court of First Instance Manila for the issuance of Writ of Mandatory injunction“, questioning the constitutionality of ACT NO. 3155, prohibiting the importation of cattle from foreign countries into the Philippine Islands.


RELATED

Issue

Whether or not the power given by Act no. 3155 to the Governor-General to suspend or not, at his discretion, the prohibition provided in the act constitutes unlawful delegation of legislative power.

Ruling – Cruz vs Youngberg Case Digest

No.

The power given by Act No. 3155 does not constitute unlawful delegation of the legislative power. The Governor – General is authorized to lift prohibitions, with the consent of the presiding officers of the legislative of there is no longer any threat.

Hence, the true distinction is between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring authority on discretion as to its execution, to be exercised under and in pursuance of the law.


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