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People vs Maceren

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

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