People v. Judge Dacuycuy, 173 SCRA 90

ISSUE:  Whether or not the case constitutes an undue delegation of legislative power, the duration of the penalty of imprisonment being solely left to the discretion of the court as if the latter were the legislative department of the Government 

FACTS:  Private respondents were charged with violating RA 4670 (Magna Carta for Public School Teachers), for which they have been convicted of. The penal provision, Section 32 of said Act, states that "x x x upon conviction, [they] may be punished by a fine of not less than one hundred pesos, or by imprisonment, in the discretion of the court." Respondents posited that said penalty merely indicated as imprisonment is too broad and should not be enforced. 

DECISION:  Decision and resolution of respondent judge are REVERSED and SET ASIDE 

RATIO DECIDENDI:  There is undue delegation of legislative powers. Section 32 of RA 4670 provides an indeterminable period of imprisonment, with no maximum or minimum period set by legislative authority. The courts are thus given a wide latitude of discretion, without benefit of sufficient standard. This cannot be allowed, as it vests in the courts a power and a duty essentially legislative in nature and is thus violative of the rules on separation of powers as well as non-delegability of legislative powers.