Emmanuel Pelaez, petitioner vs.

Auditor General, respondent

15 SCRA 569, December 24, 1965,
Concepcion, J:

FACTS
The President of the Philippines issued executive orders creating 33 municipalities via an
Executive Order.
Petitioner Emmanuel Pelaez, Vice President, instituted for a writ of prohibition with
preliminary injunction against the Auditor General to restrain him and his agents from disbursing
public funds to said municipalities.
Petitioner alleges that said executive orders are null and void for it constitutes on under
delegation of legislative power.
The law prohibits the creation of Barrios except by an act of Congress or upon petition of
majority of the voters in the areas affected, approval by at least 2/3 of the provincial board and
recommendation of the Council of the municipality.
Respondent on the other hand argued that it can create new municipalities without
creating new barrios.
Revised Administrative Code states that the President may by Eos define the boundaries
of any political subdivision.
ISSUE
WON valid delegation of legislative power
RULING
No. Said law must pass the completeness and sufficient standard test.
a) Law must be complete in itself (policy to be executed)
b) fix a standard – the limits of which are sufficiently determined – to which the
delegate must conform in the performance of his functions.
The Revise Administrative Code does not meet these well settled requirements.
The power of control is denied by the Constitution to the executive, insofar as LGUs are
concerned. (LGC of 1991)
The EO’s are void ab initio.