Delegation of Powers

Pelaez vs. Auditor General

GR No. L-23825 December 24, 1965

Facts:

The President of the Philippines, requesting to act according to the laws, section 68
of the Revised Administrative Code, issued Executive Order 93 to 121, 124, and
126-129 which are creating municipalities by the Auditor General. Philippines Vice-
President, Emmanuel Pelaez, issued the restraint of Auditor General from passing in
audit any expenditure of public funds in accordance with the said Executive Orders.
He allegedly states that the said laws are unconstitutional on the grounds that there
is undue delegation of legislative powers to the President.

Issue:
Whether or not the provisions under the Revised Administrative Code are
unconstitutional on the ground that there is no undue delegation of legislative
power

SC RULING/DECISION:

Yes. The power to build municipality corporation is legislative in nature. Section 68

of the Revised Administrative Code that grants the president the power to build
municipalities does not satisfy the requirements for valid delegation of power to fix
the details of the law. There would be no evidence to determine whether the
delegate acted within his jurisdiction.