leo ECHEGARAY y PILO
vs.
THE SEcRETRRY OF guSTICE
Facts:
Petitioner was convicted for the rape of his commen law
spouse's fen year eld daughter and war ventonced $0 death pendlty,
He filed 3 Motion for Reconsideration and Supptomental Motion for
Reconsider Btion raising for the fist time the conetitution ai:ty of
Re Te5q “ The Death Penalty Law" and the imposition oy death
penalty for the crime Of cape. The wetions Were denied withshe
court
nding Mo ceaven to declare i+ unconstitutional end
pronouncing Sengress compliant with the requicoments For ins
impogition: :
Issues
Whether ef not RA su7 and its implementing ruler Jo
not pass constitutional muse’ for being an undue delegation
at legtlative power.
RULING:
There is no undue delegation of legislative power 1a RA
No: $177 +0 the seceehary of Sustce and he director of buread
of corrections, but Section 1a of the rutss nd regulations to
jmploment 2A Ho. #177 iF invalid:
tne Separation Of power W 3 Findamental principle in our
isystem Of government end cach department har exclusive
cognizance of motters vlaced within 1H surisdiotion, and ix wpremeDate:
of the doctine ot wep2rasion
of powers if Hhe PAnciple of non delegation of Powers. zn
Letin maxim, the rule is! potertas delegate non deleg ari peter”
there Ore however caceptiens to this rule @nd one of the
recognized CheePtion is Y Delegaten to Rdmuwteatve Bodies.”