Adminstrative Law

Arellano Univeristy School of Law

aiza ebina/2015

RUBI vs PROVINCIAL BOARD OF MINDORO

39 Phil 660
Sufficiency of Standards
Delegation of Legislative Powers to Local Governments
FACTS: This is an application for habeas corpus in favor of Rubi and other Manguianes of the Province of Mindoro. It
is alleged that the Maguianes are being illegally deprived of their liberty by the provincial officials of that province.
Rubi and his companions are said to be held on the reservation established at Tigbao, Mindoro, against their will,
and one Dabalos is said to be held under the custody of the provincial sheriff in the prison at Calapan for having run
away form the reservation.
The Philippine Legislature has, by the enactment of Section 2145 of the Administrative Code, conferred authority
upon the Province of Mindoro to be exercised by the provincial governor and the provincial board.
ISSUE: Whether or not the provision in question is an unlawful delegation of legislative power
RULING: No. Discretion may be committed by the Legislature to an executive department or official. The
Legislature may make decisions of executive departments of subordinate official thereof, to whom t has committed
the execution of certain acts, final on questions of fact. The growing tendency in the decision is to give prominence
to the "necessity" of the case.
In the case at bar, the Legislature merely conferred upon the Provincial Governor, with the approval of the Provincial
Board and the Department Head, discretionary authority as to the execution of law. Who, but the provincial
governor and the provincial board, as the official representatives of the province, are better qualified to judge
"when such as course is deemed necessary in the interest of law and order." As officials charged with the
administration of the province and the protection of its inhabitants, who but they are better fitted to select sites
which have the conditions most favorable for improving the people who have the misfortune of being in a backward
state.
RATIO: Delegation of Legislative Powers to Local Governments. An exception to the general rule against the
delegation of legislative power sanctioned by immemorial practice permits the central legislative body to make
such delegation to local authorities.
"Necessary in the interest of law and order" is a standard held sufficient.
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