Mga Kabuuang Pageview

Miyerkules, Oktubre 19, 2011

Araneta v Gatmaitan

Facts:
The President issued E.O 22 - prohibiting the use of trawls in San Miguel Bay, and the E.O 66 and 80 as amendments to EO 22, as a response for the general clamor among the majority of people living in the coastal towns of San Miguel Bay that the said resources of the area are in danger of major depletion because of the effects of trawl fishing. A group of Otter trawl operators filed a complaint for injunction to restrain the Secretary of Agriculture and Natural Resources from enforcing the said E.O. and to declare E.O 22 as null and void.

Issue:
W/N E.O 22, 60 and 80 were valid, for the issuance thereof was not in the exercise of legislative powers unduly delegated to the Pres.

Held:
VALID! Congress provided under the Fisheries Act that a.) it is unlawful to take or catch fry or fish eggs in the waters of the Phil and b.) it authorizes Sec. of Agriculture and Nat. Resources to provide regulations/ restrictions as may be deemed necessary. The Act was complete in itself and leaves it to the Sec. to carry into effect its legislative intent. The Pres. did nothing but show an anxious regard for the welfare of the inhabitants and dispose of issues of gen. concern w/c were in consonance and strict conformity with law.

Distinction bet:
Delegation of Power to Legislate  - involves discretion of what law shall be
Execution of Law – authority or discretion as to its execution has to be exercised under and in pursuance of law.

Walang komento:

Mag-post ng isang Komento