G.R. No.

L-34674 October 26, 1931 BAR OPS, ADMIN LAW, CASE # 5

MAURICIO CRUZ, petitioner-appellant,
vs.
STANTON YOUNGBERG, Director of the Bureau of Animal Industry, respondent-
appellee.
FACTS:
Petitioner sought for a permit for the landing of ten large cattle and for the slaughter thereof. This
was denied by respondent pursuant to the prohibition of the importation of cattle from foreign
countries to the Philippine Island as imposed by Act No. 3155. Petitioner assails the said act
contending, inter alia, that the power given by Act No. 3155 to the Governor-General to suspend
or not, at his discretion, the prohibition provided in the act constitutes an unlawful delegation of
the legislative powers.
ISSUE: Whether or not there is unlawful delegation of Legislative powers.
RULING:
NO. The true distinction, therefore, is between the delegation of power to make the law, which
necessarily involves a discretion as to what it shall be, and conferring an authority or discretion
as to its execution, to be exercised under and in pursuance of the law. The first cannot be done;
to the latter no valid objection can be made. It clear in this case that the Gov. Gen. was conferred
not the power to make the law, but only the authority or discretion as to its execution.