THE PEOPLE OF THE PHILIPPINES vs. HON. MAXIMO A. MACEREN CFI, Sta.

Cruz,
Laguna
Doctrine: The lawmaking body cannot delegate to an executive official the power to
declare what acts should constitute an offense. It can authorize the issuance of
regulations and the imposition of the penalty provided for in the law itself.

This is a case involves the validity of a regulation, penalizing electro fishing in fresh
water fisheries, promulgated under the old Fisheries Law and the law creating the
Fisheries Commission. Jose Buenaventura, et. al, were charged with having violated
Fisheries A. O. No. 84-1 for electro fishing in the waters of Laguna.
The lower court held that electro fishing cannot be penalized because electric
current is not an obnoxious or poisonous substance, but a form of energy conducted
or transmitted by substances as contemplated under Fisheries Law. Since the law
does not clearly prohibit electro fishing, the executive and judicial departments
cannot consider it unlawful. Hence, an Admin Order prohibiting electro fishing in
in fresh water fisheries in the Philippines, such as rivers, lakes, swamps, dams,
irrigation canals and other bodies of fresh water” was promulgated.

Issue: WON the Admin. Orders were issued in excess of authority.

Ruling: Yes.
We are of the opinion that the Secretary of Agriculture and Natural Resources and
the Commissioner of Fisheries exceeded their authority in issuing the admin orders.
The reason is that the Fisheries Law does not expressly prohibit electro fishing. As
electro fishing is not banned under that law, the aforementioned officials are
powerless to penalize it. In other words, Administrative Orders, in penalizing electro
fishing, are devoid of any legal basis.

Had the lawmaking body intended to punish electro fishing, a penal provision to that
effect could have been easily embodied in the old Fisheries Law.
The lawmaking body cannot delegate to an executive official the power to declare
what acts should constitute an offense. It can authorize the issuance of regulations
and the imposition of the penalty provided for in the law itself.
However, at present, electro fishing is punishable under the Fisheries Law because
of PD No. 704, which is a revision and consolidation of all laws and decrees affecting
fishing and fisheries expressly punishes electro fishing in fresh water and salt water
areas.