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  • Alegre Vs Collector of Customs

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    CJ Millena
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    The petitioner Juan Allegre applied for a permit to export abaca but was denied unless he obtained a certificate from the Fiber Standardization Board. The Act established the board to determine official standards for Philippine fibers exported abroad. The issue was whether this was an impermissible delegation of legislative power. The court ruled it was not a delegation of legislative power but rather an administrative one, as the legislature specified the board should determine official fiber standards, and delegating this was necessary to carry out the law's purpose.

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    The petitioner Juan Allegre applied for a permit to export abaca but was denied unless he obtained a certificate from the Fiber Standardization Board. The Act established the board to determine official standards for Philippine fibers exported abroad. The issue was whether this was an impermissible delegation of legislative power. The court ruled it was not a delegation of legislative power but rather an administrative one, as the legislature specified the board should determine official fiber standards, and delegating this was necessary to carry out the law's purpose.

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    25 views1 page

    Alegre Vs Collector of Customs

    Uploaded by

    CJ Millena
    The petitioner Juan Allegre applied for a permit to export abaca but was denied unless he obtained a certificate from the Fiber Standardization Board. The Act established the board to determine official standards for Philippine fibers exported abroad. The issue was whether this was an impermissible delegation of legislative power. The court ruled it was not a delegation of legislative power but rather an administrative one, as the legislature specified the board should determine official fiber standards, and delegating this was necessary to carry out the law's purpose.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    of 1

    JUAN B.

    ALEGRE, petitioner-appellee
    vs.
    THE INSULAR COLLECTOR OF CUSTOMS, respondents-appellant
    (1929) J. Johns

    Topic: Permissible delegation

    Facts:
     Petitioner Juan Allegre tried to apply for a permit to export one hundred bales of abaca to
    England with the Respondent Insular Collector of Customs. Permit was denied unless the export
    is accompanied by a certificate of the Fiber Standardization Board.

     Act No. 2380 is entitled "An Act providing for the inspection, grading, and baling of abaca and
    was enacted by the Philippine Legislature. The original law was later amended and made a part
    of the Administrative Code.

     Section 1772 of the Administrative Code, as amended, reads as follows:

     The Fiber Standardization Board shall determine the official standards for the various
    commercial grades of Philippine fibers that are or may hereafter be produced on the Philippine
    Islands for shipment abroad.

    Issue:
    WON the authority vested in the board is a delegation of legislative power.

    Ruling:
    No. What was delagated was not legislative powers but administrative powers.

    Ratio:
    The Legislature has specifically provided for the creation of "official standards for commercial grades
    of fibers," and that "the Fiber Standardization Board shall determine the official standards for the
    various commercial grades of Philippine fibers."

    It is nothing more than a delegation of administrative power in the Fiber Board, to carry out the
    purpose and intent of the law. In the very nature of things, the Legislature could not inspect, grade and
    bale the hemp, and from necessity, the power to do that would have to be vested in a board of
    commission.

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