You are on page 1of 1

De La Llana was a Judge and was allegedly affected by BP 129.

He, together with other colleagues, filed an action to enjoin the enactment of BP 129. BP 129 An Act Reorganizing the Judiciary, Appropriating Funds Therefor and for o ther Purposes". BP 129 mandates that Justices and Judges of inferior courts from the Court of Appeals to municipal courts, except the occupants of the Sandiganb ayan and the Court of Tax Appeals, unless appointed to the inferior courts estab lished by such Act, would be considered separated from the Judiciary. The purpos e of this act is to promote expediency in decisions and avoid accumulation of pe nding cases. Issue WON BP 129 is constitutional. Held The abolition of an office within the competence of a legitimate body if done in good faith suffers from no infirmity. This conclusion flows from the fundamenta l proposition that the legislature may abolish courts inferior to the SC and the refore may reorganize them territorially or otherwise thereby necessitation new appointments and commissions. The Constitution vests in the National Assembly th e power to define, prescribe, and apportion the jurisdiction of the various cour ts, subject to certain limitations in the case of the SC. There is no undue dele gation of legislative power if the law is complete and provides for a standard.

You might also like