Alegre V Collector of Customs

ALEGRE v.
INSULAR COLLECTO ROF CUSTOMS …basta basically the law says the Director is in charge of EVERYTHING ) enforcement,
(1929|Johns) standard making, investigation, etc.
P has been engaged in abaca and its exportation. He directly applied from R for
permit to export 100 bales of abaca to Engalnd, admitting he did not want to submit to the [contested provision] TRANSLATED INTO Section 1783 of the Administrative Code:
inspectors of the Fiber Standardization Board recently created by law and had no required In any grade of abaca in which the quality of the fiber may be injured by excessive pressure, the
certification from it. It was denied as he had no certifacate of the Fiber Standardization Board approximate dimensions and weight of each bale of such fiber shall be determined in a general
order by the Director of Agriculture. He shall in like manner determine the limit of the diameter of
or a notation is written on the face of the triplicate of the export entry signed by the
hanks contained in bales, the manner in which these hanks shall be arranged in the bale, and
fiber inspector who made the inspection indicating that the abaca covered thereby the manner of labeling and trying of each entire bale.
has complied with the provisions of the law relative to the shipment of such product.. ---
P filed w/ CFI for a writ of mandamus, alleging the provisions of the Administrative Section 2 of Act No. 3263, which was approved December 7, 1925
Code for the grading, inspection and certification of fibers and, in particular, sections
1772 and 1244 of that Code, are unconstitutional and void. SEC. 1771-A. Philippine fiber inspection service. — There is hereby created an office which
shall have charge of the classification, baling, and inspection of Philippine fibers and shall be
designated and known as "Philippines Fiber Inspection Service" and he governed by a
**PLEASE READ** standardization board.
[original law] Act No. 2380 "An Act providing for the inspection, grading, and baling of abaca SEC. 1771-B. Standardization Board. — There is hereby created a board which shall be
(Manila hemp), maguey (cantala), sisal, and other fibers," (February 28, 1914) designated and known as "Fiber Standardization Board" and shall be vested with the
powers and duties hereinafter specified…
Section 2:
TRANSFERRED INTO Section 1772 of the Administrative Code, as amended, reads as
(a) The Director of Agriculture is hereby enjoined and directed to establish, define, and follows:
designate standards for the commercial grades of abaca, maguey, and sisal, which shall
become the official standards of classification throughout the Philippine Islands, calling to his Each grade shall have its proper name and designation which, together with the basis
assistance the agencies of his Bureau, those of any other Bureau or branch of this Government, upon which the several grades are determined, shall be defined by the said Board in a general
or such other agencies as he may deem necessary. order. Such order shall have the approval of the Secretary of Agriculture and Natural Resources;
and for the dissemination of information, copies of the same shall be supplied gratis to the
(b) The Director of Agriculture shall prepare in suitable form the official standard of each grade of foreign markets, provincial governors, municipal presidents, and to such other persons and
the fibers covered by this Act and furnish the same upon request to all authorized grading agencies as shall make request therefor.
establishments, provincial governments, chambers of commerce, planters' associations, and If it is considered expedient to change these standards at any time, notice shall be given in the
other institutions directly interested in the trade, the actual cost of such specimen to be paid in local and foreign markets for a period of at least six months before the new standards shall go
advance by the party requesting the same…. into effect.
(d) To preserve the official standards as originally prepared, the Director of Agriculture shall Section 1788
stipulate the manner in which they shall be kept and shall define the period at the expiration of
which they shall be renewed. No fiber within the purview of this law shall be exported from the Philippine Islands in quantity
greater than the amount sufficient to make one bale, without being graded, baled, inspected, and
(f) The Director of Agriculture shall establish one or several standards for abaca which may have certified as in this law provided.
been partially cleaned or prepared in the form of tow, waste, or strings, at the request of a party
concerned, if such standards are required by the market. He shall also likewise establish a
standard or standards for the fiber of any species of Musa other than abaca for which there shall
be a demand in the market. Such standards, if established, shall be designated and defined in
ISSUE: Whether or not the authority vested in the Fiber Standardization Board is a
the general order deferred to in section two (c) of this Act. delegation of legislative power.
Subsection (b), of section 3, provides: HELD:

No person, association, or corporation shall engage in grading abaca, maguey, or sisal, unless a
permit shall have previously been obtained, which shall be signed by the Director of Agriculture, The Legislature enacted the law which provides for the inspection, grading
such permits to be known as 'grading permits.' and baling of fibers and the creation of a board to carry the law into effect, vesting
it with the power and authority to do the actual work.
And the last paragraph of subsection (i) says:
The object of such inspection shall be to determine whether or not the grade inspected conforms
with the official standard for the same, whether or not the private mark (if any) used is correct,
and whether the bailing and labeling is in conformity with the provisions of this Act and the The purpose and intent of the original law was to provide in detail for the
authorized instructions of the Director of Agriculture.. inspection grading and baling of abaca, maguey, sisal and other fibers, and for
a uniform scale for grading, and to issue official certificates as to the kind and The petitioner’s argument would leave the law, which provides for the
quality of the hemp, so that an intending purchaser from an examination of the inspection, grading and baling of hemp, without any means of its enforcement.
certificates might be assured and know the grade and quality of the hemp The criticism that there is partiality or even fraud in the administration of the law
offered for sale. is not an argument against its constitutionality.
 It was later amended and carried into the Administrative Code: A collector of
customs shall not permit abaca, maguey, or sisal or other fibrous products Boards and commissions now play an important part in the administration of
for which standard grades have been established by the Director of our laws. The great social and industrial evolution of the past century, and the many
Agriculture to be laden aboard a vessel clearing for a foreign port, unless the demands made upon our legislatures by the increasing complexity of human
shipment conforms to the requirements of law relative to the shipment of activities, have made essential the creation of these administrative bodies and the
such fibers. delegation to them of certain powers. Though legislative power cannot be delegated
to boards and commissions, the Legislature may delegate to them administrative
The Legislature can delegate power which is not legislative which it itself functions in carrying out the purposes of a statute and various governmental power
may rightfully exercise. for the more efficient administration of the laws.
 It may confer an authority to execute a law which may involve discretion, but
such must be exercised under and in pursuance of the law. RSAT (ask me nalang kung Malabo sorry)
 The Legislature must declare the policy of the law and fix the legal principles
which are to control in given cases; but an administrative officer or body may
have the power to apply the principles. If this could not be done there would
be infinite confusion in the laws, and in an effort to detail and to particularize,
they would miss sufficiency both in provision and execution.
 The purpose of delegating to Boards administrative functions is to carry out
the purpose and intent of the law for efficient administration. The details,
spirit and intent of the law could only be carried into effect through a
board of commission.
Example: Buttfield v. Stranahan: “Secretary of the Treasurer, upon the

recommendation of the said board [a Board of experts in tea], shall fix and establish
uniform standards of purity, quality, and fitness for consumption of all kinds of teas
imported”
 Congress legislated on the subject as far as was reasonably practicable, and
from the necessities of the case was compelled to leave to executive officials
the duty of bringing about the result pointed out by the statute. To deny the
power of Congress to delegate such a duty would, amount but to declaring
that the penalty power vested in Congress to regulate foreign commerce
could not be exerted…. the express the purpose to exclude the lowest
grades of tea, whether demonstrably of inferior purity, or unfit for
consumption, or presumably so because of their inferior quality. This, in
effect, was the fixing of a primary standard, and devolved upon the Secretary
of the Treasury the mere executive duty to effectuate the legislative policy
declared in the statute.
CASE AT BAR:
Such authority in this case is not a delegation of legislative power and 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 or commission.

Alegre V Collector of Customs

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Alegre V Collector of Customs

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ALEGRE v.

Subsection (b), of section 3, provides: HELD:

Example: Buttfield v. Stranahan: “Secretary of the Treasurer, upon the

Such authority in this case is not a delegation of legislative power and is

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