Republic of the Philippines

SUPREME COURT
Manila
EN BANC
G.R. No. 17122 February 27, 1922
THE UNITED STATES, plaintiff-appellee,
vs.
ANG TANG HO, defendant-appellant.
Williams & Ferrier for appellant.
Acting Attorney-General Tuason for appellee.
JOHNS, J.:
At its special session of 1919, the Philippine Leislatu!e passed Act No. "#$#, entitled %An Act
penali&in the 'onopol( and holdin of, and speculation in, pala(, !ice, and co!n unde! e)t!ao!dina!(
ci!cu'stances, !eulatin the dist!ibution and sale the!eof, and autho!i&in the *ove!no!-*ene!al,
+ith the consent of the Council of ,tate, to issue the necessa!( !ules and !eulations the!efo!, and
'a-in an app!op!iation fo! this pu!pose,% the 'ate!ial p!ovisions of +hich a!e as follo+s.
,ection 1. /he *ove!no!-*ene!al is he!eb( autho!i&ed, +heneve!, fo! an( cause, conditions
a!ise !esultin in an e)t!ao!dina!( !ise in the p!ice of pala(, !ice o! co!n, to issue and
p!o'ulate, +ith the consent of the Council of ,tate, te'po!a!( !ules and e'e!enc(
'easu!es fo! ca!!(in out the pu!pose of this Act, to +it.
0a1 /o p!event the 'onopol( and hoa!din of, and speculation in, pala(, !ice o! co!n.
0b1 /o establish and 'aintain a ove!n'ent cont!ol of the dist!ibution o! sale of the
co''odities !efe!!ed to o! have such dist!ibution o! sale 'ade b( the *ove!n'ent itself.
0c1 /o fi), f!o' ti'e to ti'e the 2uantities of pala( !ice, o! co!n that a co'pan( o! individual
'a( ac2ui!e, and the 'a)i'u' sale p!ice that the indust!ial o! 'e!chant 'a( de'and.
0d1 . . .
,EC. ". 3t shall be unla+ful to dest!o(, li'it, p!event o! in an( othe! 'anne! obst!uct the
p!oduction o! 'illin of pala(, !ice o! co!n fo! the pu!pose of !aisin the p!ices the!eof4 to
co!ne! o! hoa!d said p!oducts as defined in section th!ee of this Act4 . . .
,ection 5 defines +hat shall constitute a 'onopol( o! hoa!din of pala(, !ice o! co!n +ithin the
'eanin of this Act, but does not specif( the p!ice of !ice o! define an( basic fo! fi)in the p!ice.
,EC. 6. /he violations of an( of the p!ovisions of this Act o! of the !eulations, o!de!s and
dec!ees p!o'ulated in acco!dance the!e+ith shall be punished b( a fine of not 'o!e than
five thousands pesos, o! b( i'p!ison'ent fo! not 'o!e than t+o (ea!s, o! both, in the
disc!etion of the cou!t. Provided, /hat in the case of co'panies o! co!po!ations the 'anae!
o! ad'inist!ato! shall be c!i'inall( liable.
,EC. 7. At an( ti'e that the *ove!no!-*ene!al, +ith the consent of the Council of ,tate, shall
conside! that the public inte!est !e2ui!es the application of the p!ovisions of this Act, he shall
so decla!e b( p!ocla'ation, and an( p!ovisions of othe! la+s inconsistent he!e+ith shall f!o'
then on be te'po!a!il( suspended.
8pon the cessation of the !easons fo! +hich such p!ocla'ation +as issued, the *ove!no!-
*ene!al, +ith the consent of the Council of ,tate, shall decla!e the application of this Act to
have li-e+ise te!'inated, and all la+s te'po!a!il( suspended b( vi!tue of the sa'e shall
aain ta-e effect, but such te!'ination shall not p!event the p!osecution of an( p!oceedins
o! cause beun p!io! to such te!'ination, no! the filin of an( p!oceedins fo! an offense
co''itted du!in the pe!iod cove!ed b( the *ove!no!-*ene!al9s p!ocla'ation.
Auust 1, 1919, the *ove!no!-*ene!al issued a p!ocla'ation fi)in the p!ice at +hich !ice should be
sold.
Auust #, 1919, a co'plaint +as filed aainst the defendant, An /an :o, cha!in hi' +ith the
sale of !ice at an e)cessive p!ice as follo+s.
/he unde!sined accuses An /an :o of a violation of E)ecutive ;!de! No. <5 of the
*ove!no!-*ene!al of the Philippines, dated the 1st of Auust, 1919, in !elation +ith the
p!ovisions of sections 1, " and 6 of Act No. "#$#, co''itted as follo+s.
/hat on o! about the $th da( of Auust, 1919, in the cit( of Manila, Philippine 3slands, the
said An /an :o, volunta!il(, illeall( and c!i'inall( sold to Ped!o /!inidad, one anta of !ice
at the p!ice of eiht( centavos 0P.#=1, +hich is a p!ice !eate! than that fi)ed b( E)ecutive
;!de! No. <5 of the *ove!no!-*ene!al of the Philippines, dated the 1st of Auust, 1919,
unde! the autho!it( of section 1 of Act No. "#$#. Cont!a!( to la+.
8pon this cha!e, he +as t!ied, found uilt( and sentenced to five 'onths9 i'p!ison'ent and to pa(
a fine of P<==, f!o' +hich he appealed to this cou!t, clai'in that the lo+e! cou!t e!!ed in findin
E)ecutive ;!de! No. <5 of 1919, to be of an( fo!ce and effect, in findin the accused uilt( of the
offense cha!ed, and in i'posin the sentence.
/he official !eco!ds sho+ that the Act +as to ta-e effect on its app!oval4 that it +as app!oved >ul( 5=,
19194 that the *ove!no!-*ene!al issued his p!ocla'ation on the 1st of Auust, 19194 and that the
la+ +as fi!st published on the 15th of Auust, 19194 and that the p!ocla'ation itself +as fi!st
published on the "=th of Auust, 1919.
/he 2uestion he!e involves an anal(sis and const!uction of Act No. "#$#, in so fa! as it autho!i&es
the *ove!no!-*ene!al to fi) the p!ice at +hich !ice should be sold. 3t +ill be noted that section 1
autho!i&es the *ove!no!-*ene!al, +ith the consent of the Council of ,tate, fo! an( cause !esultin in
an e)t!ao!dina!( !ise in the p!ice of pala(, !ice o! co!n, to issue and p!o'ulate te'po!a!( !ules and
e'e!enc( 'easu!es fo! ca!!(in out the pu!poses of the Act. B( its ve!( te!'s, the p!o'ulation of
te'po!a!( !ules and e'e!enc( 'easu!es is left to the disc!etion of the *ove!no!-*ene!al. /he
Leislatu!e does not unde!ta-e to specif( o! define unde! +hat conditions o! fo! +hat !easons the
*ove!no!-*ene!al shall issue the p!ocla'ation, but sa(s that it 'a( be issued %fo! an( cause,% and
leaves the 2uestion as to +hat is %an( cause% to the disc!etion of the *ove!no!-*ene!al. /he Act also
sa(s. %?o! an( cause, conditions a!ise !esultin in an e)t!ao!dina!( !ise in the p!ice of pala(, !ice o!
co!n.% /he Leislatu!e does not specif( o! define +hat is %an e)t!ao!dina!( !ise.% /hat is also left to
the disc!etion of the *ove!no!-*ene!al. /he Act also sa(s that the *ove!no!-*ene!al, %+ith the
consent of the Council of ,tate,% is autho!i&ed to issue and p!o'ulate %te'po!a!( !ules and
e'e!enc( 'easu!es fo! ca!!(in out the pu!poses of this Act.% 3t does not specif( o! define +hat is
a te'po!a!( !ule o! an e'e!enc( 'easu!e, o! ho+ lon such te'po!a!( !ules o! e'e!enc(
'easu!es shall !e'ain in fo!ce and effect, o! +hen the( shall ta-e effect. /hat is to sa(, the
Leislatu!e itself has not in an( 'anne! specified o! defined an( basis fo! the o!de!, but has left it to
the sole @ude'ent and disc!etion of the *ove!no!-*ene!al to sa( +hat is o! +hat is not %a cause,%
and +hat is o! +hat is not %an e)t!ao!dina!( !ise in the p!ice of !ice,% and as to +hat is a te'po!a!(
!ule o! an e'e!enc( 'easu!e fo! the ca!!(in out the pu!poses of the Act. 8nde! this state of facts,
if the la+ is valid and the *ove!no!-*ene!al issues a p!ocla'ation fi)in the 'ini'u' p!ice at +hich
!ice should be sold, an( deale! +ho, +ith o! +ithout notice, sells !ice at a hihe! p!ice, is a c!i'inal.
/he!e 'a( not have been an( cause, and the p!ice 'a( not have been e)t!ao!dina!(, and the!e 'a(
not have been an e'e!enc(, but, if the *ove!no!-*ene!al found the e)istence of such facts and
issued a p!ocla'ation, and !ice is sold at an( hihe! p!ice, the selle! co''its a c!i'e.
B( the o!anic la+ of the Philippine 3slands and the Constitution of the 8nited ,tates all po+e!s a!e
vested in the Leislative, E)ecutive and >udicia!(. 3t is the dut( of the Leislatu!e to 'a-e the la+4 of
the E)ecutive to e)ecute the la+4 and of the >udicia!( to const!ue the la+. /he Leislatu!e has no
autho!it( to e)ecute o! const!ue the la+, the E)ecutive has no autho!it( to 'a-e o! const!ue the la+,
and the >udicia!( has no po+e! to 'a-e o! e)ecute the la+. ,ub@ect to the Constitution onl(, the
po+e! of each b!anch is sup!e'e +ithin its o+n @u!isdiction, and it is fo! the >udicia!( onl( to sa(
+hen an( Act of the Leislatu!e is o! is not constitutional. Assu'in, +ithout decidin, that the
Leislatu!e itself has the po+e! to fi) the p!ice at +hich !ice is to be sold, can it deleate that po+e!
to anothe!, and, if so, +as that po+e! leall( deleated b( Act No. "#$#A 3n othe! +o!ds, does the
Act deleate leislative po+e! to the *ove!no!-*ene!alA B( the ;!anic La+, all Leislative po+e! is
vested in the Leislatu!e, and the po+e! confe!!ed upon the Leislatu!e to 'a-e la+s cannot be
deleated to the *ove!no!-*ene!al, o! an( one else. /he Leislatu!e cannot deleate the leislative
po+e! to enact an( la+. 3f Act no "#$# is a la+ unto itself and +ithin itself, and it does nothin 'o!e
than to autho!i&e the *ove!no!-*ene!al to 'a-e !ules and !eulations to ca!!( the la+ into effect,
then the Leislatu!e itself c!eated the la+. /he!e is no deleation of po+e! and it is valid. ;n the
othe! hand, if the Act +ithin itself does not define c!i'e, and is not a la+, and so'e leislative act
!e'ains to be done to 'a-e it a la+ o! a c!i'e, the doin of +hich is vested in the *ove!no!-
*ene!al, then the Act is a deleation of leislative po+e!, is unconstitutional and void.
/he ,up!e'e Cou!t of the 8nited ,tates in +hat is -no+n as the Granger Cases 096 8.,., 1#5-1#74
"6 L. ed., 961, fi!st laid do+n the !ule.
Rail!oad co'panies a!e enaed in a public e'plo('ent affectin the public inte!est and,
unde! the decision in Munn vs. 3ll., ante, 77, a!e sub@ect to leislative cont!ol as to thei! !ates
of fa!e and f!eiht unless p!otected b( thei! cha!te!s.
/he 3llinois statute of Ma!. "5, 1#76, to establish !easonable 'a)i'u' !ates of cha!es fo!
the t!anspo!tation of f!eihts and passene!s on the diffe!ent !ail!oads of the ,tate is not void
as bein !epunant to the Constitution of the 8nited ,tates o! to that of the ,tate.
3t +as the!e fo! the fi!st ti'e held in substance that a !ail!oad +as a public utilit(, and that, bein a
public utilit(, the ,tate had po+e! to establish !easonable 'a)i'u' f!eiht and passene! !ates.
/his +as follo+ed b( the ,tate of Minnesota in enactin a si'ila! la+, p!ovidin fo!, and
e'po+e!in, a !ail!oad co''ission to hea! and dete!'ine +hat +as a @ust and !easonable !ate. /he
constitutionalit( of this la+ +as attac-ed and upheld b( the ,up!e'e Cou!t of Minnesota in a lea!ned
and e)haustive opinion b( >ustice Mitchell, in the case of ,tate vs. Chicao, Mil+au-ee B ,t. Paul !(.
Co. 05# Minn., "#11, in +hich the cou!t held.
egulations of rail!ay tariffs " Conclusiveness of commission#s tariffs. C 8nde! La+s 1##7,
c. 1=, sec. #, the dete!'ination of the !ail!oad and +a!ehouse co''ission as to +hat a!e
e2ual and !easonable fa!es and !ates fo! the t!anspo!tation of pe!sons and p!ope!t( b( a
!ail+a( co'pan( is conclusive, and, in p!oceedins b( mandamus to co'pel co'pliance
+ith the ta!iff of !ates !eco''ended and published b( the', no issue can be !aised o!
in2ui!( had on that 2uestion.
$ame " constitution " %elegation of po!er to commission. C /he autho!it( thus iven to
the co''ission to dete!'ine, in the e)e!cise of thei! disc!etion and @ude'ent, +hat a!e
e2ual and !easonable !ates, is not a deleation of leislative po+e!.
3t +ill be noted that the la+ c!eatin the !ail!oad co''ission e)p!essl( p!ovides C
/hat all cha!es b( an( co''on ca!!ie! fo! the t!anspo!tation of passene!s and p!ope!t(
shall be e2ual and !easonable.
Dith that as a basis fo! the la+, po+e! is then iven to the !ail!oad co''ission to investiate all the
facts, to hea! and dete!'ine +hat is a @ust and !easonable !ate. Even then that la+ does not 'a-e
the violation of the o!de! of the co''ission a c!i'e. /he onl( !e'ed( is a civil p!oceedin. 3t +as
the!e held C
/hat the leislative itself has the po+e! to !eulate !ail!oad cha!es is no+ too +ell settled to
!e2ui!e eithe! a!u'ent o! citation of autho!it(.
/he diffe!ence bet+een the po+e! to sa( +hat the la+ shall be, and the po+e! to adopt !ules
and !eulations, o! to investiate and dete!'ine the facts, in o!de! to ca!!( into effect a la+
al!ead( passed, is appa!ent. /he t!ue distinction is bet+een the deleation of po+e! to 'a-e
the la+, +hich necessa!il( involves a disc!etion as to +hat it shall be, and the confe!!in an
autho!it( o! disc!etion to be e)e!cised unde! and in pu!suance of the la+.
/he leislatu!e enacts that all f!eihts !ates and passene! fa!es should be @ust and
!easonable. 3t had the undoubted po+e! to fi) these !ates at +hateve! it dee'ed e2ual and
!easonable.
/he( have not deleated to the co''ission an( autho!it( o! disc!etion as to +hat the la+
shall be, C +hich +ould not be allo+able, C but have 'e!el( confe!!ed upon it an autho!it(
and disc!etion, to be e)e!cised in the e)ecution of the la+, and unde! and in pu!suance of it,
+hich is enti!el( pe!'issible. /he leislatu!e itself has passed upon the e)pedienc( of the
la+, and +hat is shall be. /he co''ission is int!usted +ith no autho!it( o! disc!etion upon
these 2uestions. 3t can neithe! 'a-e no! un'a-e a sinle p!ovision of la+. 3t is 'e!el(
cha!ed +ith the ad'inist!ation of the la+, and +ith no othe! po+e!.
/he deleation of leislative po+e! +as befo!e the ,up!e'e Cou!t of Disconsin in
Eo+lin vs. Lancoshi!e 3ns. Co. 09" Dis., $51. /he opinion sa(s.
%/he t!ue distinction is bet+een the deleation of po+e! to 'a-e the la+, +hich necessa!il(
involves a disc!etion as to +hat it shall be, and confe!!in autho!it( o! disc!etion as to its
e)ecution, to be e)e!cised unde! and in pu!suance of the la+. /he fi!st cannot be done4 to
the latte! no valid ob@ection can be 'ade.%
/he act, in ou! @ud'ent, +holl( fails to p!ovide definitel( and clea!l( +hat the standa!d polic( should
contain, so that it could be put in use as a unifo!' polic( !e2ui!ed to ta-e the place of all othe!s,
+ithout the dete!'ination of the insu!ance co''issione! in !espect to 'ate!s involvin the e)e!cise
of a leislative disc!etion that could not be deleated, and +ithout +hich the act could not possibl(
be put in use as an act in confi!'it( to +hich all fi!e insu!ance policies +e!e !e2ui!ed to be issued.
/he !esult of all the cases on this sub@ect is that a la+ 'ust be co'plete, in all its te!'s and
p!ovisions, +hen it leaves the leislative b!anch of the ove!n'ent, and nothin 'ust be left to the
@ude'ent of the electo!s o! othe! appointee o! deleate of the leislatu!e, so that, in fo!' and
substance, it is a la+ in all its details in presenti, but +hich 'a( be left to ta-e effect in futuro, if
necessa!(, upon the asce!tain'ent of an( p!esc!ibed fact o! event.
/he deleation of leislative po+e! +as befo!e the ,up!e'e Cou!t in 8nited ,tates vs. *!i'aud
0""= 8.,., <=$4 << L. ed., <$51, +he!e it +as held that the !ules and !eulations of the ,ec!eta!( of
A!icultu!e as to a t!espass on ove!n'ent land in a fo!est !ese!ve +e!e valid constitutional. /he Act
the!e p!ovided that the ,ec!eta!( of A!icultu!e %. . . 'a( 'a-e such !ules and !eulations and
establish such se!vice as +ill insu!e the ob@ect of such !ese!vations4 na'el(, to !eulate thei!
occupanc( and use, and to p!ese!ve the fo!ests the!eon f!o' dest!uction4and any violation of t&e
provisions of t&is act or suc& rules and regulations s&all be punis&ed, . . .%
/he b!ief of the 8nited ,tates ,olicito!-*ene!al sa(s.
3n !efusin pe!'its to use a fo!est !ese!vation fo! stoc- !a&in, e)cept upon stated te!'s o!
in stated +a(s, the ,ec!eta!( of A!icultu!e 'e!el( asse!t and enfo!ces the p!op!ieta!( !iht
of the 8nited ,tates ove! land +hich it o+ns. /he !eulation of the ,ec!eta!(, the!efo!e, is not
an e)e!cise of leislative, o! even of ad'inist!ative, po+e!4 but is an o!dina!( and leiti'ate
!efusal of the lando+ne!9s autho!i&ed aent to allo+ pe!son havin no !iht in the land to use
it as the( +ill. /he !iht of p!op!ieta!( cont!ol is altoethe! diffe!ent f!o' ove!n'ental
autho!it(.
/he opinion sa(s.
?!o' the beinnin of the ove!n'ent, va!ious acts have been passed confe!!in upon
e)ecutive office!s po+e! to 'a-e !ules and !eulations, C not fo! the ove!n'ent of thei!
depa!t'ents, but fo! ad'iniste!in the la+s +hich did ove!n. None of these statutes could
confe! leislative po+e!. But +hen Con!ess had leislated po+e!. But +hen Con!ess had
leislated and indicated its +ill, it could ive to those +ho +e!e to act unde! such ene!al
p!ovisions %po+e! to fill up the details% b( the establish'ent of ad'inist!ative !ules and
!eulations, the violation of +hich could be punished b( fine o! i'p!ison'ent fi)ed b(
Con!ess, o! b( penalties fi)ed b( Con!ess, o! 'easu!ed b( the in@u!( done.
/hat %Con!ess cannot deleate leislative po+e! is a p!inciple unive!sall( !econi&ed as
vital to the inte!it( and 'aintenance of the s(ste' of ove!n'ent o!dained b( the
Constitution.%
3f, afte! the passae of the act and the p!o'ulation of the !ule, the defendants d!ove and
!a&ed thei! sheep upon the !ese!ve, in violation of the !eulations, the( +e!e 'a-in an
unla+ful use of the ove!n'ent9s p!ope!t(. 3n doin so the( the!eb( 'ade the'selves liable
to the penalt( i'posed b( Con!ess.
/he sub@ects as to +hich the ,ec!eta!( can !eulate a!e defined. /he lands a!e set apa!t as a fo!est
!ese!ve. :e is !e2ui!ed to 'a-e p!ovisions to p!otect the' f!o' dep!edations and f!o' ha!'ful uses.
:e is autho!i&ed 9to !eulate the occupanc( and use and to p!ese!ve the fo!ests f!o' dest!uction.9 A
violation of !easonable !ules !eulatin the use and occupanc( of the p!ope!t( is 'ade a c!i'e, not
b( the ,ec!eta!(, but b( Con!ess.%
/he above a!e leadin cases in the 8nited ,tates on the 2uestion of deleatin leislative po+e!. 3t
+ill be noted that in the %*!ane! Cases,% it +as held that a !ail!oad co'pan( +as a public
co!po!ation, and that a !ail!oad +as a public utilit(, and that, fo! such !easons, the leislatu!e had the
po+e! to fi) and dete!'ine @ust and !easonable !ates fo! f!eiht and passene!s.
/he Minnesota case held that, so lon as the !ates +e!e @ust and !easonable, the leislatu!e could
deleate the po+e! to asce!tain the facts and dete!'ine f!o' the facts +hat +e!e @ust and
!easonable !ates,. and that in vestin the co''ission +ith such po+e! +as not a deleation of
leislative po+e!.
/he Disconsin case +as a civil action founded upon a %Disconsin standa!d polic( of fi!e insu!ance,%
and the cou!t held that %the act, . . . +holl( fails to p!ovide definitel( and clea!l( +hat the standa!d
polic( should contain, so that it could be put in use as a unifo!' polic( !e2ui!ed to ta-e the place of
all othe!s, +ithout the dete!'ination of the insu!ance co''issione! in !espect to 'atte!s involvin
the e)e!cise of a leislative disc!etion that could not be deleated.%
/he case of the 8nited ,tates ,up!e'e Cou!t, sup!a dealt +ith !ules and !eulations +hich +e!e
p!o'ulated b( the ,ec!eta!( of A!icultu!e fo! *ove!n'ent land in the fo!est !ese!ve.
/hese decisions hold that the leislative onl( can enact a la+, and that it cannot deleate it
leislative autho!it(.
/he line of cleavae bet+een +hat is and +hat is not a deleation of leislative po+e! is pointed out
and clea!l( defined. As the ,up!e'e Cou!t of Disconsin sa(s.
/hat no pa!t of the leislative po+e! can be deleated b( the leislatu!e to an( othe!
depa!t'ent of the ove!n'ent, e)ecutive o! @udicial, is a funda'ental p!inciple in
constitutional la+, essential to the inte!it( and 'aintenance of the s(ste' of ove!n'ent
established b( the constitution.
Dhe!e an act is clothed +ith all the fo!'s of la+, and is co'plete in and of itself, it 'a( be
p!ovided that it shall beco'e ope!ative onl( upon so'e ce!tain act o! event, o!, in li-e
'anne!, that its ope!ation shall be suspended.
/he leislatu!e cannot deleate its po+e! to 'a-e a la+, but it can 'a-e a la+ to deleate a
po+e! to dete!'ine so'e fact o! state of thins upon +hich the la+ 'a-es, o! intends to
'a-e, its o+n action to depend.
/he Fillae of Little Chute enacted an o!dinance +hich p!ovides.
All saloons in said villae shall be closed at 11 o9cloc- P.M. each da( and !e'ain closed until
< o9cloc- on the follo+in 'o!nin, unless b( special pe!'ission of the p!esident.
Const!uin it in 15$ Dis., <"$4 1"# A. ,. R., 11==,
1
the ,up!e'e Cou!t of that ,tate sa(s.
De !ea!d the o!dinance as void fo! t+o !easons4 ?i!st, because it atte'pts to confe!
a!bit!a!( po+e! upon an e)ecutive office!, and allo+s hi', in e)ecutin the o!dinance, to
'a-e un@ust and !oundless disc!i'inations a'on pe!sons si'ila!l( situated4 second,
because the po+e! to !eulate saloons is a la+-'a-in po+e! vested in the villae boa!d,
+hich cannot be deleated. A leislative bod( cannot deleate to a 'e!e ad'inist!ative
office! po+e! to 'a-e a la+, but it can 'a-e a la+ +ith p!ovisions that it shall o into effect o!
be suspended in its ope!ations upon the asce!tain'ent of a fact o! state of facts b( an
ad'inist!ative office! o! boa!d. 3n the p!esent case the o!dinance b( its te!'s ives po+e! to
the p!esident to decide a!bit!a!(, and in the e)e!cise of his o+n disc!etion, +hen a saloon
shall close. /his is an atte'pt to vest leislative disc!etion in hi', and cannot be sustained.
/he leal p!inciple involved the!e is s2ua!el( in point he!e.
3t 'ust be conceded that, afte! the passae of act No. "#$#, and befo!e an( !ules and !eulations
+e!e p!o'ulated b( the *ove!no!-*ene!al, a deale! in !ice could sell it at an( p!ice, even at a peso
pe! %anta,% and that he +ould not co''it a c!i'e, because the!e +ould be no la+ fi)in the p!ice of
!ice, and the sale of it at an( p!ice +ould not be a c!i'e. /hat is to sa(, in the absence of a
p!ocla'ation, it +as not a c!i'e to sell !ice at an( p!ice. :ence, it 'ust follo+ that, if the defendant
co''itted a c!i'e, it +as because the *ove!no!-*ene!al issued the p!ocla'ation. /he!e +as no act
of the Leislatu!e 'a-in it a c!i'e to sell !ice at an( p!ice, and +ithout the p!ocla'ation, the sale of
it at an( p!ice +as to a c!i'e.
/he E)ecutive o!de!
"
p!ovides.
0<1 /he 'a)i'u' sellin p!ice of pala(, !ice o! co!n is he!eb( fi)ed, fo! the ti'e bein as
follo+s.
3n Manila C
Pala( at P$.7< pe! sac- of <7G -ilos, o! "9 centavos pe! anta.
Rice at P1< pe! sac- of <7G -ilos, o! $5 centavos pe! anta.
Co!n at P# pe! sac- of <7G -ilos, o! 56 centavos pe! anta.
3n the p!ovinces p!oducin pala(, !ice and co!n, the 'a)i'u' p!ice shall be the Manila p!ice
less the cost of t!anspo!tation f!o' the sou!ce of suppl( and necessa!( handlin e)penses to
the place of sale, to be dete!'ined b( the p!ovincial t!easu!e!s o! thei! deputies.
3n p!ovinces, obtainin thei! supplies f!o' Manila o! othe! p!oducin p!ovinces, the
'a)i'u' p!ice shall be the autho!i&ed p!ice at the place of suppl( o! the Manila p!ice as the
case 'a( be, plus the t!anspo!tation cost, f!o' the place of suppl( and the necessa!(
handlin e)penses, to the place of sale, to be dete!'ined b( the p!ovincial t!easu!e!s o! thei!
deputies.
0$1 P!ovincial t!easu!e!s and thei! deputies a!e he!eb( di!ected to co''unicate +ith, and
e)ecute all inst!uctions e'anatin f!o' the Ei!ecto! of Co''e!ce and 3ndust!(, fo! the 'ost
effective and p!ope! enfo!ce'ent of the above !eulations in thei! !espective localities.
/he la+ sa(s that the *ove!no!-*ene!al 'a( fi) %the 'a)i'u' sale p!ice that the indust!ial o!
'e!chant 'a( de'and.% /he la+ is a ene!al la+ and not a local o! special la+.
/he p!ocla'ation unde!ta-es to fi) one p!ice fo! !ice in Manila and othe! and diffe!ent p!ices in othe!
and diffe!ent p!ovinces in the Philippine 3slands, and deleates the po+e! to dete!'ine the othe! and
diffe!ent p!ices to p!ovincial t!easu!e!s and thei! deputies. :e!e, then, (ou +ould have a deleation
of leislative po+e! to the *ove!no!-*ene!al, and a deleation b( hi' of that po+e! to p!ovincial
t!easu!e!s and thei! deputies, +ho %a!e he!eb( di!ected to co''unicate +ith, and e)ecute all
inst!uctions e'anatin f!o' the Ei!ecto! of Co''e!ce and 3ndust!(, fo! the 'ost effective and
p!ope! enfo!ce'ent of the above !eulations in thei! !espective localities.% /he issuance of the
p!ocla'ation b( the *ove!no!-*ene!al +as the e)e!cise of the deleation of a deleated po+e!, and
+as even a sub deleation of that po+e!.
Assu'in that it is valid, Act No. "#$# is a ene!al la+ and does not autho!i&e the *ove!no!-*ene!al
to fi) one p!ice of !ice in Manila and anothe! p!ice in 3loilo. 3t onl( pu!po!ts to autho!i&e hi' to fi) the
p!ice of !ice in the Philippine 3slands unde! a la+, +hich is *ene!al and unifo!', and not local o!
special. 8nde! the te!'s of the la+, the p!ice of !ice fi)ed in the p!ocla'ation 'ust be the sa'e all
ove! the 3slands. /he!e cannot be one p!ice at Manila and anothe! at 3loilo. Aain, it is a 'ate! of
co''on -no+lede, and of +hich this cou!t +ill ta-e @udicial notice, that the!e a!e 'an( -inds of !ice
+ith diffe!ent and co!!espondin 'a!-et values, and that the!e is a +ide !ane in the p!ice, +hich
va!ies +ith the !ade and 2ualit(. Act No. "#$# 'a-es no distinction in p!ice fo! the !ade o! 2ualit(
of the !ice, and the p!ocla'ation, upon +hich the defendant +as t!ied and convicted, fi)es the sellin
p!ice of !ice in Manila %at P1< pe! sac- of <7G -ilos, o! $5 centavos pe! anta,% and is unifo!' as to
all !ades of !ice, and sa(s nothin about !ade o! 2ualit(. Aain, it +ill be noted that the la+ is
confined to pala(, !ice and co!n. /he( a!e p!oducts of the Philippine 3slands. :e'p, tobacco,
coconut, chic-ens, es, and 'an( othe! thins a!e also p!oducts. An( la+ +hich sinle out pala(,
!ice o! co!n f!o' the nu'e!ous othe! p!oducts of the 3slands is not ene!al o! unifo!', but is a local
o! special la+. 3f such a la+ is valid, then b( the sa'e p!inciple, the *ove!no!-*ene!al could be
autho!i&ed b( p!ocla'ation to fi) the p!ice of 'eat, es, chic-ens, coconut, he'p, and tobacco, o!
an( othe! p!oduct of the 3slands. 3n the ve!( natu!e of thins, all of that class of la+s should be
ene!al and unifo!'. ;the!+ise, the!e +ould be an un@ust disc!i'ination of p!ope!t( !ihts, +hich,
unde! the la+, 'ust be e2ual and info!'. Act No. "#$# is nothin 'o!e than a floatin la+, +hich, in
the disc!etion and b( a p!ocla'ation of the *ove!no!-*ene!al, 'a-es it a floatin c!i'e to sell !ice at
a p!ice in e)cess of the p!ocla'ation, +ithout !ea!d to !ade o! 2ualit(.
Dhen Act No. "#$# is anal(&ed, it is the violation of the p!ocla'ation of the *ove!no!-*ene!al +hich
constitutes the c!i'e. Dithout that p!ocla'ation, it +as no c!i'e to sell !ice at an( p!ice. 3n othe!
+o!ds, the Leislatu!e left it to the sole disc!etion of the *ove!no!-*ene!al to sa( +hat +as and +hat
+as not %an( cause% fo! enfo!cin the act, and +hat +as and +hat +as not %an e)t!ao!dina!( !ise in
the p!ice of pala(, !ice o! co!n,% and unde! ce!tain undefined conditions to fi) the p!ice at +hich !ice
should be sold, +ithout !ea!d to !ade o! 2ualit(, also to sa( +hethe! a p!ocla'ation should be
issued, if so, +hen, and +hethe! o! not the la+ should be enfo!ced, ho+ lon it should be enfo!ced,
and +hen the la+ should be suspended. /he Leislatu!e did not specif( o! define +hat +as %an(
cause,% o! +hat +as %an e)t!ao!dina!( !ise in the p!ice of !ice, pala( o! co!n,% Neithe! did it specif( o!
define the conditions upon +hich the p!ocla'ation should be issued. 3n the absence of the
p!ocla'ation no c!i'e +as co''itted. /he alleed sale +as 'ade a c!i'e, if at all, because the
*ove!no!-*ene!al issued the p!ocla'ation. /he act o! p!ocla'ation does not sa( an(thin about the
diffe!ent !ades o! 2ualities of !ice, and the defendant is cha!ed +ith the sale %of one anta of !ice
at the p!ice of eiht( centavos 0P=.#=1 +hich is a p!ice !eate! than that fi)ed b( E)ecutive o!de! No.
<5.%
De a!e clea!l( of the opinion and hold that Act No. "#$#, in so fa! as it unde!ta-es to autho!i&ed the
*ove!no!-*ene!al in his disc!etion to issue a p!ocla'ation, fi)in the p!ice of !ice, and to 'a-e the
sale of !ice in violation of the p!ice of !ice, and to 'a-e the sale of !ice in violation of the
p!ocla'ation a c!i'e, is unconstitutional and void.
3t 'a( be u!ed that the!e +as an e)t!ao!dina!( !ise in the p!ice of !ice and p!ofitee!in, +hich
+o!-ed a seve!e ha!dship on the poo!e! classes, and that an e'e!enc( e)isted, but the 2uestion
he!e p!esented is the constitutionalit( of a pa!ticula! po!tion of a statute, and none of such 'atte!s is
an a!u'ent fo!, o! aainst, its constitutionalit(.
/he Constitution is so'ethin solid, pe!'anent an substantial. 3ts stabilit( p!otects the life, libe!t(
and p!ope!t( !ihts of the !ich and the poo! ali-e, and that p!otection ouht not to chane +ith the
+ind o! an( e'e!enc( condition. /he funda'ental 2uestion involved in this case is the !iht of the
people of the Philippine 3slands to be and live unde! a !epublican fo!' of ove!n'ent. De 'a-e the
b!oad state'ent that no state o! nation, livin unde! !epublican fo!' of ove!n'ent, unde! the te!'s
and conditions specified in Act No. "#$#, has eve! enacted a la+ deleatin the po+e! to an( one, to
fi) the p!ice at +hich !ice should be sold. /hat po+e! can neve! be deleated unde! a !epublican
fo!' of ove!n'ent.
3n the fi)in of the p!ice at +hich the defendant should sell his !ice, the la+ +as not dealin +ith
ove!n'ent p!ope!t(. 3t +as dealin +ith p!ivate p!ope!t( and p!ivate !ihts, +hich a!e sac!ed unde!
the Constitution. 3f this la+ should be sustained, upon the sa'e p!inciple and fo! the sa'e !eason,
the Leislatu!e could autho!i&e the *ove!no!-*ene!al to fi) the p!ice of eve!( p!oduct o! co''odit(
in the Philippine 3slands, and e'po+e! hi' to 'a-e it a c!i'e to sell an( p!oduct at an( othe! o!
diffe!ent p!ice.
3t 'a( be said that this +as a +a! 'easu!e, and that fo! such !eason the p!ovision of the
Constitution should be suspended. But the ,tubbo!n fact !e'ains that at all ti'es the @udicial po+e!
+as in full fo!ce and effect, and that +hile that po+e! +as in fo!ce and effect, such a p!ovision of the
Constitution could not be, and +as not, suspended even in ti'es of +a!. 3t 'a( be clai'ed that
du!in the +a!, the 8nited ,tates *ove!n'ent unde!too- to, and did, fi) the p!ice at +hich +heat and
flou! should be bouht and sold, and that is t!ue. /he!e, the 8nited ,tates had decla!ed +a!, and at
the ti'e +as at +a! +ith othe! nations, and it +as a +a! 'easu!e, but it is also t!ue that in doin so,
and as a pa!t of the sa'e act, the 8nited ,tates co''andee!ed all the +heat and flou!, and too-
possession of it, eithe! actual o! const!uctive, and the ove!n'ent itself beca'e the o+ne! of the
+heat and flou!, and fi)ed the p!ice to be paid fo! it. /hat is not this case. :e!e the !ice sold +as the
pe!sonal and p!ivate p!ope!t( of the defendant, +ho sold it to one of his custo'e!s. /he ove!n'ent
had not bouht and did not clai' to o+n the !ice, o! have an( inte!est in it, and at the ti'e of the
alleed sale, it +as the pe!sonal, p!ivate p!ope!t( of the defendant. 3t 'a( be that the la+ +as
passed in the inte!est of the public, but the 'e'be!s of this cou!t have ta-en on sole'n oath to
uphold and defend the Constitution, and it ouht not to be const!ued to 'eet the chanin +inds o!
e'e!enc( conditions. Aain, +e sa( that no state o! nation unde! a !epublican fo!' of ove!n'ent
eve! enacted a la+ autho!i&in an( e)ecutive, unde! the conditions states, to fi) the p!ice at +hich a
p!ice pe!son +ould sell his o+n !ice, and 'a-e the b!oad state'ent that no decision of an( cou!t, on
p!inciple o! b( analo(, +ill eve! be found +hich sustains the constitutionalit( of the pa!ticula! po!tion
of Act No. "#$# he!e in 2uestion. B( the te!'s of the ;!anic Act, sub@ect onl( to constitutional
li'itations, the po+e! to leislate and enact la+s is vested e)clusivel( in the Leislative, +hich is
elected b( a di!ect vote of the people of the Philippine 3slands. As to the 2uestion he!e involved, the
autho!it( of the *ove!no!-*ene!al to fi) the 'a)i'u' p!ice at +hich pala(, !ice and co!n 'a( be
sold in the 'anne! po+e! in violation of the o!anic la+.
/his opinion is confined to the pa!ticula! 2uestion he!e involved, +hich is the !iht of the *ove!no!-
*ene!al, upon the te!'s and conditions stated in the Act, to fi) the p!ice of !ice and 'a-e it a c!i'e
to sell it at a hihe! p!ice, and +hich holds that po!tions of the Act unconstitutional. 3t does not decide
o! unde!ta-e to const!ue the constitutionalit( of an( of the !e'ainin po!tions of the Act.
/he @ud'ent of the lo+e! cou!t is !eve!sed, and the defendant discha!ed. ,o o!de!ed.
Araullo, C.'., 'o&nson, $treet and (strand, ''., concur.
omualde), '., concurs in t&e result.
Seara!e O"#"o#$
MA%CO%M, J., concu!!in.
3 concu! in the !esult fo! !easons +hich !each both the facts and the la+. 3n the fi!st place, as to the
facts, C one cannot be convicted e* post facto of a violation of a la+ and of an e)ecutive o!de!
issued pu!suant to the la+, +hen the alleed violation the!eof occu!!ed on Auust $, 1919, +hile the
Act of the Leislatu!e in 2uestion +as not published until Auust 15, 1919, and the o!de! +as not
published until Auust "=, 1919. 3n the second place, as to the la+, C one cannot be convicted of a
violation of a la+ o! of an o!de! issued pu!suant to the la+ +hen both the la+ and the o!de! fail to set
up an asce!tainable standa!d of uilt. 08.,. vs. Cohen *!oce!( Co'pan( H19"1I, "<< 8.,., #1,
holdin section 6 of the ?ede!al ?ood Cont!ol Act of Auust 1=, 1917, as a'ended, invalid.1
3n o!de! that the!e 'a( not be an( 'isunde!standin of ou! position, 3 +ould !espectfull( invite
attention to the decision of the 8nited ,tates ,up!e'e Cou!t in *e!'an Alliance 3ns. Co. vs. Le+is
0H1916, "55 8.,., 5#91, conce!nin the leislative !eulation of the p!ices cha!ed b( business
affected +ith a public inte!est, and to anothe! decision of the 8nited ,tates ,up!e'e Cou!t, that of
Ma!shall ?ield B Co. vs. Cla!- 0H1#9"I, 165 8.,., $691, +hich adopts as its o+n the p!inciples laid
do+n in the case of Loc-e9s Appeal 0H1#75I, 7" Pa. ,t., 6911, na'el(4 %/he Leislatu!e cannot
deleate its po+e! to 'a-e a la+4 but it can 'a-e a la+ to deleate a po+e! to dete!'ine so'e fact
o! state of thins upon +hich the la+ 'a-es, o! intends to 'a-e, its o+n action depend. /o den( this
+ould be to stop the +heels of ove!n'ent. /he!e a!e 'an( thins upon +hich +ise and useful
leislation 'ust depend +hich cannot be -no+n to the la+-'a-in po+e!, and 'ust, the!efo!e, be a
sub@ect of in2ui!( and dete!'ination outside of the halls of leislation.%
Avance+a and ,illamor, ''., concur.
Foo!#o!e$
1
Fillae of Little Chute vs. Fan Ca'p.
"
E)ecutive ;!de! No. <5, se!ies of 1919.
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