Case Digests in Administrative Law

Topics: Separation of powers, Legislature, Law Pages: 18 (5722 words) Published: April 22, 2014
Case Digests in Administrative Law by Mark Anthony N. Manuel


G.R. No. L-45685
November 16, 1937
FACTS: This case involves the constitutionality of the old probation law. Respondent Cu Unjieng was convicted by the trial court in Manila. He filed for reconsideration which was elevated to the SC and the SC remanded the appeal to the lower court for a new trial. While awaiting new trial, he appealed for probation under the provisions of Act No. 4221. Judge Tuason of the Manila CFI directed the appeal to the Insular Probation Office. The IPO denied the application. However, Judge Vera upon another request by petitioner allowed the petition to be set for hearing. The City Prosecutor countered alleging that Vera has no power to place Cu Unjieng under probation because it is in violation of Sec. 11 Act No. 4221, which grants provincial boards the power to provide a system of probation to convicted person. Nowhere in the law is stated that it is applicable to a cities like Manila as it is only indicated therein that only provinces are covered. And even if Manila is covered by the law, it is unconstitutional because it is violative of the equal protection clause of the constitution. It also avers that the said law provides absolute discretion to provincial boards, thus it constitutes undue delegation of power.

ISSUE: Whether or not Act 4221 or the old probation law is an undue delegation of legislative power on the ground that there is no standard set by congress for its implementation. HELD: Yes. There is undue delegation of power because there is no standard provided by Congress on how provincial boards must act in carrying out a system of probation. The provincial boards are given absolute discretion which is violative of the constitution and the doctrine of the non delegability of power. Further, it is a violation of equity so protected by the constitution. The challenged section of Act No. 4221 in section 11 which reads as follows: This Act shall apply only in those provinces in which the respective provincial boards have provided for the salary of a probation officer at rates not lower than those now provided for provincial fiscals. Said probation officer shall be appointed by the Secretary of Justice and shall be subject to the direction of the Probation Office. This only means that only provinces that can provide appropriation for a probation officer may have a system of probation within their locality. This would mean to say that convicts in provinces where no probation officer is instituted may not avail of their right to probation.

G.R. No. L-2044
August 26, 1949
FACTS: This case involves Commonwealth Act 671, otherwise known as AN ACT DECLARING A STATE OF TOTAL EMERGENCY AS A RESULT OF WAR INVOLVING THE PHILIPPINES AND AUTHORIZING THE PRESIDENT TO PROMULGATE RULES AND REGULATIONS TO MEET SUCH EMERGENCY or simply the Emergency Powers Act. Antonio Araneta is being charged for violation of EO 62 which regulates rentals for houses and lots for residential buildings. Judge Rafael Dinglasan is the judge hearing the case. Araneta appealed seeking to prohibit Dinglasan and the Fiscal from proceeding with the case. He avers that EO 62, issued by virtue of CA No. 671, is null and void as the effect of CA No. 671 granting emergency power to the president has already ceased. Three other cases were consolidated with the case of Araneta. These are: 1.) L-3055, an appeal by Leon Ma. Guerrero, a shoe exporter, against EO 192 which controls exports in the Philippines; 2.) L3054 filed by Eulogio Rodriguez to prohibit the treasury from disbursing funds pursuant to EO 225; 1

Case Digests in Administrative Law by Mark Anthony N. Manuel


and 3.)L-3056 filed by Antonio Barredo attacking EO 226 that appropriates funds to hold the national elections. All the petitioners aver that CA 671 ceased to have any force and effect hence all E0s passed...
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