Case Digest (G.R. No. L-17122)
Facts:
In The United States v. Ang Tang Ho, G.R. No. 17122, decided February 27, 1922, the Philippine Legislature enacted Act No. 2868 on July 30, 1919, authorizing the Governor-General, with Council of State approval, to issue emergency measures to prevent hoarding and speculation in palay, rice, and corn and to fix maximum sale prices. Pursuant to that authority, the Governor-General issued Executive Order No. 53 on August 1, 1919, fixing the price of rice in Manila at 63 centavos per ganta. On August 6, 1919, Ang Tang Ho sold one ganta of rice in Manila at 80 centavos, exceeding the prescribed rate. A complaint filed August 8 charged him with violating sections 1, 2 and 4 of Act No. 2868. The lower court found him guilty, sentenced him to five months’ imprisonment, and imposed a P500 fine. He appealed on the grounds that (1) the executive order had no force, (2) Act No. 2868 unconstitutionally delegated legislative power, and (3) the lower court erred in sentencing him.Issues:
- Di
Case Digest (G.R. No. L-17122)
Facts:
- Enactment and Provisions of Act No. 2868
- Section 1 authorizes the Governor-General, with Council of State consent, upon “any cause” resulting in an “extraordinary rise” in palay, rice, or corn prices to issue temporary emergency measures to:
- Prevent monopoly, hoarding, speculation
- Regulate or assume government control of distribution/sale
- Fix acquisition quantities and maximum sale prices
- Section 2 makes it unlawful to obstruct production/milling or hoard; Section 3 defines hoarding; Section 4 prescribes penalties (fine up to ₱5,000, imprisonment up to 2 years, or both); Section 7 permits proclamation to suspend inconsistent laws and to terminate measures.
- Proclamation and Publication
- July 30, 1919 – Act approved; August 1, 1919 – Governor-General issues Executive Order No. 53 fixing maximum prices (rice at ₱15/sack or ₱0.63/ganta).
- Act first published August 13; Executive Order published August 20; underlying sale occurred August 6.
- Arrest, Trial, and Appeal
- August 6, 1919 – Ang Tang Ho sells one ganta of rice at ₱0.80 to Pedro Trinidad, exceeding fixed price.
- Charged under Executive Order No. 53 and Sections 1, 2, 4 of Act No. 2868; convicted by lower court—5 months’ imprisonment and ₱500 fine.
- Appeal argues: Executive Order lacked force; law was unpublished (ex post facto); unconstitutional delegation; vague standards.
Issues:
- Whether Act No. 2868 and Executive Order No. 53 could validly take effect given their publication dates and ex post facto implications.
- Whether Act No. 2868 unconstitutionally delegates legislative power to the Governor-General to fix prices and criminalize sales by proclamation.
- Whether the statute and order provide an ascertainable standard (uniform price, grade distinctions, local vs. general law) sufficient for due process.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)