-HLURB given a quasi-legislative function of the statute -gov general delegated powers to provincial officers = IMPROPER
DELEGATION
PHILCOMSAT
Delegation of Emergency Powers by the President
-quasi-judicial function
Araneta v. Dinglasan
-valid delegation? YES
-emergency powers is limited to period during the war so Eos issued
-valid fixing of rate? NO – there should be notice or hearing after that should be declared as void because it was issued without
authority
Smart v. NTC
-exhaustion of administrative remedies; when should you exhaust? Only
applicable in quasi-judicial function Rodriguez v. Gella
-same issues w/ Araneta
-President vetoed bill that repeals all emergency powers acts
-EOs are inoperative as well. Same ruling w/ Araneta
-even if pres vetoes the House Bill, such bill is acknowledged as a
concurrent resolution (express intent of legislative to terminate power)
People v. Vera
-petitioners were saying that probation encroaches the power to grant
pardon by the pres which is executive in nature
-does probation encroach on the exec power of president? NO
- pardon (executive) v probation (judicial)
*pardon: as if no crime is committed
*probation: suspension of sentence but there is still a crime &
penalty (convict is under supervision of a probationary officer)
-undue delegation of legislative power? YES
*no standard, not complete; discretionary power given to
provincial boards
*some provinces opt to apply probation law, some opt not to
= violates EPC
-entire law is void (even if only sec 11 was struck down) because such
provision affects the entire law
-GR: if provision is void, only that provision is void; other provs may
still be valid
-EX: such provision is connected/essential to the effectivity of the
entire statute