G.R. No. L-23825 – EMMANUEL PELAEZ, petitioner, vs. THE AUDITOR GENERAL, respondent.
CONCEPCION, J.
Rule Synopsis
Although Congress may delegate to another branch of the government the power to fill in the details in the execution, enforcement or administration of a 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) fix a standard — the limits of which are sufficiently determinate or determinable — to which the delegate must conform in the performance of his functions.
Facts
Pres. Ferdinand Marcos created 33 municipalities, pursuant to Sec. 68 of the RAC. Pelaez counters saying such EOs were unconstitutional as Sec. 68 of RAC has already been repealed by RA No. 2370 stating that barrios may be created only via a legislative act. If this act prohibits the creation of barrios, how much more a municipality? He filed a motion before the SC to enjoin the auditor general from disbursing public funds to said municipalities.
The petitioner argued that allowing the President to create municipalities is an undue delegation of power.
Issue
Does Section 68 of the Revised Administrative Code meet the requirements for a valid delegation of the legislative power?
Ruling and Discussion
No. Section 68 of the Revised Administrative Code does not meet these well settled requirements for a valid delegation of the power to fix the details in the enforcement of a law. It does not enunciate any policy to be carried out or implemented by the President. Neither does it give a standard sufficiently precise to avoid the evil effects above referred to.
The creation of municipalities, is not an administrative function, but one which is essentially and eminently legislative in character.
Dispositive
WHEREFORE, the Executive Orders in question are hereby declared null and void ab initio and the respondent permanently restrained from passing in audit any expenditure of public funds in implementation of said Executive Orders or any disbursement by the municipalities above referred to. It is so ordered.