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People V Vera
People V Vera
Issues/Ruling:
1. (Procedural Issue) Whether or not the constitutionality of Act No. 4221 has been
properly raised in the proper proceedings?
YES. The general rule is that constitutionality should be raised in the earliest
possible opportunity, which means during proceedings in the inferior court.
However, Supreme Court is granted concurrent jurisdiction. When the inferior
court or tribunal derives its jurisdiction exclusively from an unconstitutional
statute, it may be prevented by a writ of prohibition from enforcing that statute.
Since the CFI Manila sitting on probation proceedings derive its jurisdiction
from Act No. 4221, it cannot determine whether the statute granting them
jurisdiction is constitutionally valid or not. On the second level of the argument
of the defence, the public prosecutors representing the People of the Philippines
is also allowed to assail the constitutionality of an act promulgated by the
legislative because the State is always interested in the integrity of its
constitution or statutes involved.
1
FYI, charges were for a complex crime involving forgery of quedans. The case itself was on
several motions of the defence particularly the motion for a new trial.
power is unconstitutional and void under the principle potestas delegata non
delegare potest2. The non-delegation principle, however is not absolute and
inflexible and are subject to several exceptions: (1) Congress could delegate
legislative power to agencies in certain territories; (2) the Constitution could
delegate legislative power; (3) the National Assembly may authorise the
President, subject to limitations and restrictions, to fix tariff rates,
import/export quotas, and the like; and (4) the National Assembly also grants
emergency powers to the president at times of war. The test of the propriety
of delegation lies on the completeness of the statute in its terms and
provisions when it left the hands of legislature so much so that nothing is left
to judgment of the appointee or delegate of the legislature. The general rule
is that an act of legislature is incomplete and hence invalid if it does not lay
down any rule or definite standards by which the administrative board may
be guided in the exercise of discretionary powers.
The assailed Act DOES NOT have such rules or definite standards. It is a
roving commission because the provincial board is completely left to its
arbitrary discretion to decide whether or not they should apply the
Probationary Act, all it has to do is to decline the appropriate amount needed
for the salary of the probation officer. This becomes a virtual surrender of
legislative power to the provincial board, and therefore is unconstitutional.
2
Translation: No delegated powers can be further delegated.