People vs Vera

G. R. No. L-45685: People vs Vera Cu Unjieng was convicted by the trial court in
Manila. He filed for reconsideration which was elevated to the SC and the SC
remanded the appeal to the lower court for a new trial. While awaiting new trial, he
appealed for probation alleging that the he is innocent of the crime he was
convicted of. Judge Tuason of the Manila CFI directed the appeal to the Insular
Probation Office. The IPO denied the application. However, Judge Vera upon another
request by petitioner allowed the petition to be set for hearing. The City Prosecutor
countered alleging that Vera has no power to place Cu Unjieng under probation
because it is in violation of Sec. 11 Act No. 4221 which provides that the act of
Legislature granting provincial boards the power to provide a system of probation to
convicted person. Nowhere in the law is stated that the law is applicable to a city
like Manila because it is only indicated therein that only provinces are covered. And
even if Manila is covered by the law it is unconstitutional because Sec 1 Art 3 of the
Constitution provides equal protection of laws. The said law provides absolute
discretion to provincial boards and this also constitutes undue delegation of power.
Further, the said probation law may be an encroachment of the power of the
executive to provide pardon because providing probation, in effect, is granting
freedom, as in pardon. ISSUE: Whether or not there is undue delegation of power.
HELD: The act of granting probation is not the same as pardon. In fact it is limited
and is in a way an imposition of penalty. There is undue delegation of power
because there is no set standard provided by Congress on how provincial boards
must act in carrying out a system of probation. The provincial boards are given
absolute discretion which is violative of the constitution and the doctrine of the non
delegability of power. Further, it is a violation of equity so protected by the
constitution. The challenged section of Act No. 4221 in section 11 which reads as
follows:
This Act shall apply only in those provinces in which the respective provincial boards
have provided for the salary of a probation officer at rates not lower than those now
provided for provincial fiscals. Said probation officer shall be appointed by the
Secretary of Justice and shall be subject to the direction of the Probation Office. This
only means that only provinces that can provide appropriation for a probation officer
may have a system of probation within their locality. This would mean to say that
convicts in provinces where no probation officer is instituted may not avail of their
right to probation.