Pelaez vs.

Auditor General

The President of the Philippines pursuant to Section 68 of the Revised Administrative Code,
issued Executive Order Nos. 93 to 121, 124 and 126 to 129 creating 33 municipalities.
Philippine Vice Pelaez instituted a civil action against the Auditor General to restrain from
passing in audit and disbursement of expenditure of public funds in implementation of said executive
orders. Petitioner alleges that said executive orders are null and void, because Section 68 has been
impliedly repealed, in which denies the president in creating new barrios and negates bigger power to
create a municipalities. Petitioner claimed that the act of the President constitutes an undue delegation
of power.
Respondent answered upon the theory that new municipality can be created without creating
new barrios, such as, by placing old barrios under the jurisdiction of the new municipality.

Issue:
Whether or not there is undue delegation of power to the President in creating 33 municipalities.

Ruling:
Yes, there is an undue delegation of power. The authority to create Municipal Corporation is
essentially legislative in nature. The Congress may delegate power to another branch of government,
given that the said law delegating the power is (1) be complete in itself, and has (2) fix standard-the
limits of which are sufficiently determinable.
Section 68 of the Revised Administrative Code, where the issuance of the Executive Orders relied
upon, does not enunciate any policy to be carried out and implemented by the President. It does not fix
the details in the enforcement of the law