Case Summary (G.R. No. 250445)
Facts and Charges
Santos directed his fishermen to operate two licensed motor boats within 1,500 yards north of Cavalry Point, Corregidor Island—an area under U.S. naval and military jurisdiction—without written authorization from the Secretary of Agriculture and Commerce. The operation allegedly violated section 28 of Administrative Order No. 2 and was punishable under section 29.
Regulatory Framework Under Act No. 4003 and Administrative Order No. 2
Section 4 of Act No. 4003 empowered the Secretary of Agriculture and Commerce to issue regulations “consistent with this Act” to effect its provisions. Administrative Order No. 2, section 28, prohibited licensed boats from fishing, loitering, or anchoring within three kilometers of islands under U.S. jurisdiction (including Corregidor) and provided that unlicensed boats could do so only upon obtaining written permission from the Secretary, recommended by military authorities. Violations were prosecutable under section 45 of the Federal Penal Code.
Issue of Delegated Legislative Power
The central question was whether the conditional clause in section 28—requiring written permission for unlicensed boats—was a valid exercise of regulatory authority under section 4 of Act No. 4003 or an impermissible exercise of legislative power by the Secretary.
Court’s Legal Analysis
The Court observed that Act No. 4003 contains no provision expressly authorizing the Secretary to impose conditions on unlicensed boats or to extend prohibitions beyond the statute’s scope. By introducing a new requirement for written permission, the conditional clause went beyond mere regulation and effectively legislated a new crime. Under the Jones Law and the 1935 Constitution, legislative power could not be delegated to the Secretary. The Secretary’s rulemaking auth
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Procedural History
- The provincial fiscal of Cavite filed an information on June 18, 1935, charging Augusto A. Santos with violation of section 28 of Fish and Game Administrative Order No. 2, penalized by section 29 thereof.
- At arraignment before the Court of First Instance of Cavite, defense counsel argued that, under section 83 of Act No. 4003, the penalty fell within the original jurisdiction of the justice of the peace court.
- The Cavite trial court agreed as to jurisdiction but noted the alleged infraction occurred within the waters of Corregidor Island, vesting original jurisdiction in the justice of the peace of Corregidor rather than Cavite.
- The trial court dismissed the case, cancelled the accused’s bond, imposed costs de oficio, and permitted the prosecuting attorney to file a new information in the justice of the peace court of Corregidor.
- The People of the Philippine Islands appealed solely from the order dismissing the case for lack of original jurisdiction.
Facts
- On or about April 29, 1935, within 1,500 yards north of Cavalry Point, Corregidor Island, Province of Cavite, Augusto A. Santos, owner of two motor fishing boats (Malabon II and Malabon III), ordered his fishermen to fish, loiter, and anchor without permission from the Secretary of Agriculture and Commerce.
- The prohibited area lay within three (3) kilometers of the shoreline of Corregidor, over which United States naval and military authorities exercised jurisdiction.
- Boats licensed under Act No. 4003 were forbidden to operate within those waters; unlicensed boats could enter only upon written permission from the Secretary of Agriculture and Commerce, on recommendation of the military or naval authorities.
Statutory and Regulatory Framework
- Act No. 4003 (Section 4): Empowers the Secreta