See also tablarin v gutierrez 152 scra 730 eastern

This preview shows page 101 - 103 out of 812 pages.

We have textbook solutions for you!
The document you are viewing contains questions related to this textbook.
College Physics
The document you are viewing contains questions related to this textbook.
Chapter 7 / Exercise 7
College Physics
Serway/Vuille
Expert Verified
See also: Tablarin v. Gutierrez, 152 SCRA 730; Eastern Shipping v. POEA, 166 SCRA 533. But in Kilusang Mayo Uno Labor Center v. Garcia, supra., the authoritygiven by LTFRB to provincial bus operators to set a fare range over and above the existing authorized fare was held to be illegal for being an undue delegation ofpower. iie1) In Pelaez v. Auditor General, 15 SCRA 569, Sec. 68 of the Revised Administrative Code (authorizing the President to create municipalities through executive orders) was declared unconstitutional for beingan undue delegation of legislative power However, in Municipality of San Narciso(Quezon) v. Mendez, 239 SCRA 11, E.O 353 creating the Municipal OUTLINE / REVIEWER IN POLITICAL LAW
We have textbook solutions for you!
The document you are viewing contains questions related to this textbook.
College Physics
The document you are viewing contains questions related to this textbook.
Chapter 7 / Exercise 7
College Physics
Serway/Vuille
Expert Verified
Constitutional Law 79 District of San Andres in 1959 was not declared unconstitutional because it was only after almost 30 years that the legality of the executive order was challenged; throughout its 30 years of existence, the municipal district had exercised the powers and authority of a duly created local government institution, and the State had, at various times, recognized its continued existence. Likewise, the Pe/aez ruling was not applied in Municipality of Candihay, Bohol v. Court of Appeals, 251 SCRA 530, because the municipality had been in existence for 16 years before thePe/aez ruling was promulgated, and various governmental acts throughout the years all indicate the States recognition and acknowledgment of the existence of the municipal corporation, In Municipality of Jimenez, Misamis Occidental v. Borja, 265 SCRA 182, not only was the Municipality of Sinacaban in existence for 16 years before the Pe/aez ruling, but that even the State and the Municipality of Jimenez itself had recognized Sinacabans corporate existence (by entering into an agreement concerning common boundaries, and that Sinacaban had attained de jure status by virtue of the Ordinance appended to the 1987 Constitution apportioning legislative districts throughout the country which considered Sinacaban as part of the 2nd district of Misamis Occidental. iii) Tests for valid delegation: Both of the following tests are to be complied with [Pelaez v. Auditor General, 15 SCRA 569; Tatad v. Secretary of Energy, supra.]: iiia) Completeness Test. The law must be complete in all its essential terms and conditions when it leaves the legislature so that there willbe nothing left for the delegate to do when it reaches him except to enforce it. See U.S. v. Ang Tang Ho, 43 Phil 1. iiib) Sufficient standard test. A sufficient standard is intended to map out the boundaries of the delegates authority by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected. This is intended to prevent a total transference of legislative power from the legislature to the delegate. The standard is usually indicated in the law delegating legislative power. See Ynot v. Intermediate Appellate Court, supra.; de la Liana v. Alba, 112 SCRA 294; Demetria v. Alba, 148 SCRA 208; Lozano v. Martinez, 146 SCRA 323.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture