Pelaez vs Auditor General Case Digest

Pelaez vs Auditor General Case Digest – G.R. No. L-23825 December 24, 1965

Pelaez vs the Auditor General Case Digest


* The completeness test and sufficient standard test must be applied concurrently, not alternatively. [In delegating legislative power to another branch of the govt by law,] it is essential, to forestall a violation of the principle of separation of powers, that said law : (a) be complete in itself—it must set forth therein the policy to be executed, carried out or implemented by the delegate—and (b) x x x fix a standard—the limits of which are sufficiently determinate or determinable—to which the delegate must conform in the performance of his functions. (Pelaez v. Auditor General, 15 SCRA 569)


Facts

The President, purporting to act pursuant to Sec. 68 of the Revised Administrative Code (RAC) issued EOS 93 to 121, 124, and 126 to 129; creating 33 municipalities. Soon after, VP Pelaez instituted the present special civil action challenging the constitutionality of said ESs on the ground, among others, that Section 68 of the RAC relied upon constitutes an undue delegation of legislative power to the President.


RELATED


Issue

Whether or not Section 68 of the RAC constitutes an undue delegation of legislative power.

Ruling

Yes.

Section 68 of the Revised Administrative Code, insofar as it grants to the President the power to create municipalities does not meet the well-settled requirements for a valid delegation of the power to fix the details in the enforcement of the law. The law must (a) be complete in itself, and (b) fix a standard to which the delegate must conform.

The executive orders o question are null and void.


Pelaez vs the Auditor General Case Digest

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