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Alegre Vs Collector of Customs
Alegre Vs Collector of Customs
ALEGRE, petitioner-appellee
vs.
THE INSULAR COLLECTOR OF CUSTOMS, respondents-appellant
(1929) J. Johns
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.
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.