People vs Dacuycuy

ISSUE
WON Section 32 of RA No. 4670 constitutes an undue delegation of
legislative power
FACTS
1) Matondo, Caval and Zanoria, public officials of Leyte, were charged
for violation of RA. 4670.
2) Respondents moved to quash the complaint for lack of jurisdiction
over the offense allegedly due to the correctional nature of the
penalty of imprisonment prescribed for the offense.
3) Petitioners contend that the law was unconstitutional for the ff
reasons:
a) It imposes a cruel and unusual punishment bc the term of
imprisonment is unfixed and may run to reclusion perpetua
b) It constitutes an undue delegation of legislative power bc the
duration of the penalty of imprisonment is left solely to the
discretion of the court as if the latter were the legislative
department of the government
c) A judicial determination of what Congress intended to be the
duration of the penalty of imprisonment would be violative of
the constitutional prohibition against undue delegation of
legislative power
d) the absence of a provision on the specific term of imprisonment
constitutes that penalty into a cruel and unusual form of
punishment
DECISION
YES

NOTES

It is not for the courts to fix the term of imprisonment where no

points of reference have been provided by the legislature
For a valid delegation in an exercise of discretion, the length of
service of a term of imprisonment should be defined by specific or
designated limits provided by law. The absence of which would be
an undue delegation of legislative power
Section 32 does not provide minimum or maximum duration set by
legislative and courts are given the discretion to f fix the punishment
without the benefit of sufficient standard. It can go from 1 minute to
a lifetime. This cannot be allowed.
This time, there is no presumption of constitutionality in the
legislative act of congress.

RA No. 4670
Magna Carta for Public School Teachers
Section 32, Penal Provision A Person who shall willfully interfere
with, retrain or coerce any teacher in the exercise of his rights
guaranteed by this act or who shall in any other manner commit any
act to defeat any of the provision of this act shall, upon conviction,
be punished by a fine of not less than one hundred pesos nor more
than one thousand pesos or by imprisonment, in the discretion of
the court.
No provision providing for the penalty
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