G.R. No. L-19870; March 18, 1967.
Municipality of San Joaquin, petitioner-appellant, vs. Nicanor Siva, Basilio Sapitanan, et al., respondents-appellees.

FACTS

The Municipality of San Joaquin filed a petition for prohibition in the Court of First Instance of Iloilo, contesting the legality of Executive Order No. 436 issued by the President of the Philippines on July 10, 1961. This Executive Order created the municipality of Lawigan from twenty-one (21) barrios that were previously part of the Municipality of San Joaquin. The respondents-appellees were the individuals appointed by the President to serve as mayor, vice-mayor, and councilors of the new municipality of Lawigan. The petitioner sought to restrain these respondents from performing their official functions, arguing that Section 68 of the Revised Administrative Code, which served as the basis for the Executive Order, constituted an undue delegation of legislative power and was therefore unconstitutional. The lower court dismissed the petition, upholding the validity of the Executive Order, prompting the petitioner’s appeal to the Supreme Court.

ISSUE

Whether Section 68 of the Revised Administrative Code, which authorized the President to create municipalities by executive order, constitutes an undue delegation of legislative power and is therefore unconstitutional.

RULING

The Supreme Court reversed the decision of the lower court. Citing its prior ruling in Pelaez vs. Auditor General (G.R. No. L-23825, December 24, 1965), the Court held that Section 68 of the Revised Administrative Code indeed constituted an undue delegation of legislative power and was unconstitutional. Consequently, Executive Order No. 436, which was based on this unconstitutional provision, was declared null and void ab initio. The respondents-appellees were directed to refrain from acting as officers of the municipality of Lawigan. Costs were awarded against the respondents-appellees.