The lawmaking body cannot delegate to administrative official
the power to declare what act constitutes a criminal offense. However, it can authorize the issuance of regulations and the imposition of the penalty provided for in the law itself. An administrative regulation must be in harmony with the law, since its sole purpose is to carry into effect its general provisions and therefore, it must not amend an act of the legislature Fishery Administrative Order No. 84 penalizing electro fishing is null and void since the prohibition against electro fishing not expressly stated under the Fishery Laws (ACT 4003 and RA 3512). As electro fishing is not banned under the law, the Secretary of Agriculture and Natural Resources and the Commissioner of Fisheries are POWERLESS to penalize it.
Maceda vs Energy Regulatory Board (ERB)
While under Executive Order No. 172, a hearing is indispensable,
it does not preclude the Board (ERB) from ordering, ex parte, a provisional increase, as it did here, subject to its final disposition of whether or not: i) To make it permanent ii) To reduce or increase it further or iii)To deny the application Section 3, paragraph (e) is akin to a temporary restraining order or a writ of preliminary attachment issued by the courts, which are given exparte, and which are subject to the resolution of the main case.
Cruz vs Youngberg The Legislature passed Act No. 3155 to protect the cattle industry of the country and to prevent the introduction of cattle diseases through the importation of foreign cattle.
The promotion of industries affecting the public welfare and the
development of the resources of the country are objects within the scope of the police power.
The power given to Stanton Younberg, as Director of the Bureau
of Animal Industry to suspend or not, at his discretion, the prohibition provided in Act DOES NOT constitute an unlawful delegation of the legislative powers, but confers an authority or discretion as to its execution, to be exercised under and in pursuance of the law. The true distinction is between the delegation of power: To make the law (CANNOT BE DONE) which necessarily involves a discretion as to what it shall be, and Conferring an authority or discretion as to its execution (NO VALID OBJECTION CAN BE MADE) which is to be exercised under and in pursuance of the law