US vs Ang Tang Ho Case Digest
By the organic law of the Philippine Islands and the Constitution of the United States all powers are vested in the Legislative, Executive and Judiciary. It is the duty of the Legislature to make the law; of the Executive to execute the law; and of the Judiciary to construe the law.
The Legislature has no authority to execute or construe the law, the Executive has no authority to make or construe the law, and the Judiciary has no power to make or execute the law.
“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 or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.”
Facts
The Philippine Legislatire passed Act No 2869. “An Act penalizing and holding of palay, rice, and corn under extraordinary circumstances. Regulating the distribution and sales thereof, and authorizing the Governor-General to issue the necessary rules and regulations thereof”.
The Governor-General issued EO53 fixing the price at which rice should be sold. Ang Tang Ho found guilty of violating EO53 by selling rice at a price higher than what is set by EO EO53. He contested the validity of the EO.
RELATED:
Issue
Whether Act 2068 invalidly delegate legislative power to the Gov-Gen.
Ruling
Yes.
When Act 2868 left the legislative branch , it should have been completed in all its terms and provision and nothing is left to the judgment of the delegate of the legislative.
By the terms of the Organic Act, subject only to constitutional limitations, the power to legislate and enact laws is vested exclusively in the Legislative, which is elected by a direct vote of the people of the Philippine Islands. As to the question here involved, the authority of the Governor-General to fix the maximum price at which palay, rice and corn may be sold in the manner power in violation of the organic law.
The judgment of the lower court is reversed and the defendant is discharged.
US vs Ang Tang Ho Case Digest
