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US v. Tang Ho, 43 Phil 1
ISSUE: Whether or not Article 2868 is a delegation of power and is thus unconstitutional
FACTS: The Philippine Legislature enacted Act 2868 with one of its salient provisions, Section 1, authorizing the governor-General “for any cause resulting in an extraordinary rise in the price of palay, rice or corn, to issue and promulgate temporary rules and emergency measures for carrying out the purposes of the Act”. Thus, on August 1, 1919, the Governor-General signed EO 53, fixing the price of rice. On August 6, 1919, Ang Tang Ho was caught selling a ganta of rice at the price of eighty centavos, a price higher than that fixed by EO 53. Defendant was found guilty and now assails the constitutionality of the Act 2868 for invalid delegation of legislative powers.
DECISION: The judgment of the lower court is reversed, and the defendant discharged
RATIO DECIDENDI: Yes. Said Act constituted an invalid delegation of power since the said Act authorized the Governor-General to promulgate laws and not merely rules and regulations to effect the law. The said Act was not complete when it left the legislature as it failed to specify what conditions the Governor-General shall issue the proclamation as the said Act states “for any cause”. It also failed to define “extraordinary rise” that such proclamation by the Governor-General aims to prevent. Lastly, the said Act authorized the promulgation of temporary rules and emergency measures by the Governor-General,
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