G.R. No. 17122 ; February 27, 1922
THE UNITED STATES, plaintiff-appellee, vs. ANG TANG HO, defendant-appellant.

FACTS

The Philippine Legislature passed Act No. 2868, which authorized the Governor-General, with the consent of the Council of State, to issue temporary rules and emergency measures—including fixing maximum sale prices—whenever conditions arose causing an extraordinary rise in the price of palay, rice, or corn. Violations of the Act or the rules issued under it were penalized. On August 1, 1919, the Governor-General issued Executive Order No. 53 fixing the price of rice. The defendant, Ang Tang Ho, was charged with selling rice at a price higher than that fixed by the order on August 6, 1919. He was convicted and sentenced. On appeal, he challenged the validity of the executive order. The records showed the Act was approved on July 30, 1919, but published on August 13, 1919, and the executive order was published on August 20, 1919.

ISSUE

Whether Act No. 2868, in authorizing the Governor-General to fix the price of rice and penalize its violation, constitutes an unconstitutional delegation of legislative power.

RULING

Yes, the relevant portion of Act No. 2868 is unconstitutional. The Act authorized the Governor-General to issue rules, including price-fixing, “for any cause” resulting in an “extraordinary rise” in price, without the Legislature specifying or defining what constitutes a “cause,” an “extraordinary rise,” or what a “temporary rule” or “emergency measure” is. It left these determinations entirely to the discretion of the Governor-General. This is an undue delegation of legislative power. Under the organic law and the principle of separation of powers, the power to make laws is vested exclusively in the Legislature. The Legislature cannot delegate this power to the Executive. The judgment of conviction is reversed, and the defendant is discharged.