U.S v.

Ang Tang Ho
43 Phil. 1 – Political Law – Delegation of Power – Administrative Bodies
Facts: In July 1919, the Philippine Legislature (during special session) passed and approved
Act No. 2868 entitled An Act Penalizing the Monopoly and Hoarding of Rice, Palay and Corn.
The said act, under extraordinary circumstances, authorizes the Governor General (GG) to
issue the necessary Rules and Regulations in regulating the distribution of such products.
Pursuant to this Act, in August 1919, the GG issued Executive Order No. 53 which was
published on August 20, 1919. The said EO fixed the price at which rice should be sold. On
the other hand, Ang Tang Ho, a rice dealer, sold a ganta of rice to Pedro Trinidad at the price
of eighty centavos. The said amount was way higher than that prescribed by the EO. The
sale was done on the 6thof August 1919. On August 8, 1919, he was charged for violation of
the said EO. He was found guilty as charged and was sentenced to 5 months imprisonment
plus a P500.00 fine. He appealed the sentence countering that there is an undue delegation
of power to the Governor General.
ISSUE: Whether or not there is undue delegation to the Governor General.
HELD: First of, Ang Tang Ho’s conviction must be reversed because he committed the act
prior to the publication of the EO. Hence, he cannot be ex post facto charged of the crime.
Further, one cannot be convicted of a violation of a law or of an order issued pursuant to the
law when both the law and the order fail to set up an ascertainable standard of guilt.
Anent the issue of undue delegation, the said Act wholly fails to provide definitely and clearly
what the standard policy should contain, so that it could be put in use as a uniform policy
required to take the place of all others without the determination of the insurance
commissioner in respect to matters involving the exercise of a legislative discretion that could
not be delegated, and without which the act could not possibly be put in use. The law must
be complete in all its terms and provisions when it leaves the legislative branch of the
government and nothing must be left to the judgment of the electors or other appointee or
delegate of the legislature, so that, in form and substance, it is a law in all its details in
presenti, but which may be left to take effect in future, if necessary, upon the ascertainment
of any prescribed fact or event.