Emmanuel Pelaez, Petitioner Vs. Auditor General, Respondent.docx

Emmanuel Pelaez, petitioner vs. Auditor General, respondent 15 SCRA 569, December 24, 1965, Concepcion, J:

FACTS The President of the Philippines issued executive orders creating 33 municipalities via an Executive Order. Petitioner Emmanuel Pelaez, Vice President, instituted for a writ of prohibition with preliminary injunction against the Auditor General to restrain him and his agents from disbursing public funds to said municipalities. Petitioner alleges that said executive orders are null and void for it constitutes on under delegation of legislative power. The law prohibits the creation of Barrios except by an act of Congress or upon petition of majority of the voters in the areas affected, approval by at least 2/3 of the provincial board and recommendation of the Council of the municipality. Respondent on the other hand argued that it can create new municipalities without creating new barrios. Revised Administrative Code states that the President may by Eos define the boundaries of any political subdivision. ISSUE WON valid delegation of legislative power RULING No. Said law must pass the completeness and sufficient standard test. a) Law must be complete in itself (policy to be executed) b) fix a standard – the limits of which are sufficiently determined – to which the delegate must conform in the performance of his functions. The Revise Administrative Code does not meet these well settled requirements. The power of control is denied by the Constitution to the executive, insofar as LGUs are concerned. (LGC of 1991) The EO’s are void ab initio.