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This case involves a habeas corpus application filed on behalf of Maguianes from Mindoro Province who allege they are being illegally detained by provincial officials. The key issue is whether a provision of the Administrative Code that delegates authority to provincial governors and boards to establish reservations for indigenous peoples constitutes an unlawful delegation of legislative power. The court held that such delegation does not violate the separation of powers as the legislature may commit execution of certain acts to executive departments or officials, and those decisions will be considered final on questions of fact. Provincial authorities are best qualified to determine when reservations are necessary for law and order or improving conditions of indigenous groups in their province.
Originalbeschreibung:
Mindoro Provincial Board
Originaltitel
ConstiLaw - Rubi vs Provincial Board of MIndoro (39 Phil 660)
This case involves a habeas corpus application filed on behalf of Maguianes from Mindoro Province who allege they are being illegally detained by provincial officials. The key issue is whether a provision of the Administrative Code that delegates authority to provincial governors and boards to establish reservations for indigenous peoples constitutes an unlawful delegation of legislative power. The court held that such delegation does not violate the separation of powers as the legislature may commit execution of certain acts to executive departments or officials, and those decisions will be considered final on questions of fact. Provincial authorities are best qualified to determine when reservations are necessary for law and order or improving conditions of indigenous groups in their province.
This case involves a habeas corpus application filed on behalf of Maguianes from Mindoro Province who allege they are being illegally detained by provincial officials. The key issue is whether a provision of the Administrative Code that delegates authority to provincial governors and boards to establish reservations for indigenous peoples constitutes an unlawful delegation of legislative power. The court held that such delegation does not violate the separation of powers as the legislature may commit execution of certain acts to executive departments or officials, and those decisions will be considered final on questions of fact. Provincial authorities are best qualified to determine when reservations are necessary for law and order or improving conditions of indigenous groups in their province.
Rubi Vs. This is an application Whether or NO Discretion may be committed by the
Provincial for habeas corpus in not the legislature to an executive department or official. Board of favor of Rubi and provision in The Legislature may make decisions of executive Mindoro other Manguianes of question is an departments of subordinate official thereof, to (39 Phil the Province of unlawful whom it has committed the execution of certain 660) Mindoro. It is alleged delegation of acts, final on questions of fact. The growing that the Maguianes legislative tendency in the decision is to give prominence to are being illegally power the necessity of the case. deprived of their liberty by the In the case at bar, the Legislature merely provincial officials of conferred upon the Provincial Governor, with the that province. Rubi approval of the Provincial Board and the and his companions Department Head, discretionary authority as to are said to be held on the execution of law. Who but the provincial the reservation governor and the provincial board, as the official established at Tigbao, representatives of the province are better Mindoro, against qualified to judge when such a course is deemed their will, and one necessary in the interest of law and order. As Dabalos is said to be held officials charged with the administration of the under the custody of the province and the protection of its inhabitants, provincial sheriff in the who but they are better fitted to select sites prison at Calapan for which have the conditions most favorable for having run away from the improving the people who have the misfortune of reservation. being in a backward state.
The Philippine Legislature On Ratio: Delegation of Legislative Powers to
has, by the enactment of Local Governments. An exception to the general Sec. 2145 of the rule against the delegation of the legislative Administrative Code, power sanctioned by immemorial practice conferred authority upon permits the central legislative body to make such Mindoro Province to be delegation to local authorities exercised by the provincial governor and the provincial board.
Remarks of Mr. Calhoun of South Carolina on the bill to prevent the interference of certain federal officers in elections: delivered in the Senate of the United States February 22, 1839