Adminstrative Law

Arellano Univeristy School of Law

aiza ebina/2015

US vs BARRIAS
11 Phil 327
Doctrine of Non-Delegation of Powers
Basis of Doctrine of Non-Delegation of Powers
FACTS: In 1904, Congress, through a law, Act No. 1136, authorized the Collector of Customs to regulate
the business of lighterage. Lighterage is a business involving the shipping of goods by use of lighters or
cascos (small ships/boats). The said law also provides that the Collector may promulgate such rules to
implement Act No. 1136. Further, Act No. 1136 provides that in case a fine is to be imposed, it should not
exceed one hundred dollars. Pursuant to this, the Collector promulgated Circular No. 397.
Meanwhile, Aniceto Barrias was caught navigating the Pasig River using a lighter which is manually
powered by bamboo poles (sagwan). Such is a violation of Circular No. 397 because under said Circular,
only steam powered ships should be allowed to navigate the Pasig River. However, in the information
against Barrias, it was alleged that the imposable penalty against him should be a fine not exceeding
P500.00 at the discretion of the court this was pursuant to Circular No. 397 which provides:
For the violation of any part of the foregoing regulations, the persons offending shall be liable to a fine of
not less than P5 and not more than P500, in the discretion of the court.
Barrias now challenged the validity of such provision of the Circular as it is entirely different from the penal
provision of Act. No. 1136 which only provided a penalty of not exceeding $100.
In this court, counsel for the appellant attacked the validity of Circular No. 397 on the ground that if the
acts of the Philippine Commission bear the interpretation of authorizing the Collector to promulgate such a
law, they are void, as constituting an illegal delegation of legislative power.
ISSUE: Whether or not the authority conferred to the Collector to promulgate said Circular constitutes an
invalid delegation of legislative power
RULING: Yes. A law authorizing the Collector to impose penalties for violations of his rules is invalid, as
vesting in him upon a power exclusively lodged in Congress. The Collector cannot exercise a power
exclusively lodged in Congress. Hence, Barrias should be penalized in accordance to the penalty being
imposed by Act No. 1136. One of the settled maxims in constitutional law is that the power conferred upon
the legislature to make laws cannot be delegated by that department to any other body or authority.
Where the sovereign power of the state has located the authority, there it must remain; and by that
constitutional agency alone the laws must be made until the Constitution itself is changed. The power to
whose judgment, wisdom, and patriotism this high prerogative has been entrusted cannot relieve itself of
the responsibility by choosing other agencies upon which the power shall be devolved, nor can it substitute
the judgment, wisdom, and patriotism of any other body for those to which alone the people have seen fit
confide this sovereign trust.
This doctrine is based on the ethical principle that such a delegated power constitutes not only a right but
a duty to be performed by the delegate by the instrumentality of his own judgment acting immediately
upon the matter of legislation and not through the intervening mind of another.
RATIO: Basis of Doctrine of Non-Delegation of Powers. - The doctrine of non-delegation of powers is based
on the maxim of "potestas delegata non potest delegari" which means what has been delegated cannot in
turn be delegated. The doctrine rests on the ethical principle that a delegated power constitutes not only a
right but a duty to be performed by the delegate by the instrumentality of his own judgment acting
immediately upon the matter and not through the intervening mind of another.
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