Case Facts
Rubi Vs. This is an application
Provincial for habeas corpus in
Board of favor of Rubi and
Mindoro other Manguianes of
(39 Phil the Province of
660) 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 from the
reservation.
The Philippine Legislature
has, by the enactment of
Sec. 2145 of the
Administrative Code,
conferred authority upon
Mindoro Province to be
exercised by the provincial
governor and the
provincial board.
Issues Held Ruling/Ratio
Whhether or NO Discretion may be committed by the
not the legislature to an executive department or official.
provision in The Legislature may make decisions of executive
question is an departments of subordinate official thereof, to
unlawful whom it has committed the execution of certain
delegation of acts, final on questions of fact. The growing
legislative tendency in the decision is to give prominence to
power 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 a 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.
On Ratio: Delegation of Legislative Powers to
Local Governments. An exception to the general
rule against the delegation of the legislative
power sanctioned by immemorial practice
permits the central legislative body to make such
delegation to local authorities