THE UNITED STATES, plaintiff-appellee, vs. ANG TANG HO, defendant-appellant.

G.R. No. 17122 February 27, 1922

FACTS:
In July 1919, the Philippine Legislature (during special session) passed and approved Act No. 2868 entitled An Act
Penalizing the Monopoly and Hoarding of Rice, Palay and Corn . The said act, under extraordinary circumstances, authorizes
the Governor General (GG) to issue the necessary Rules and Regulations in regulating the distribution of such products.
Pursuant to this Act, in August 1919, the GG issued Executive Order No. 53 which was published on August 20, 1919. The
said EO fixed the price at which rice should be sold. On the other hand, Ang Tang Ho, a rice dealer, sold a ganta of rice to
Pedro Trinidad at the price of eighty centavos. The said amount was way higher than that prescribed by the EO. The sale
was done on the 6th of August 1919. On August 8, 1919, he was charged for violation of the said EO. He was found guilty
as charged and was sentenced to 5 months imprisonment plus a P500.00 fine.
US ANG TANG HO
Act No. 2868 is a general law and does not Appealed the sentence countering that there is an undue delegation of
authorize the Governor-General to fix one price power to the Governor General.
of rice in Manila and another price in Iloilo. It
only purports to authorize him to fix the price of
rice in the Philippine Islands under a law, which
is General and uniform, and not local or special.
ISSUE HELD RATIO
Whether or not Yes. By its very terms, the Ang Tang Ho’s conviction must be reversed because he committed the
there is undue promulgation of temporary act prior to the publication of the EO. Hence, he cannot be ex post
delegation to the rules and emergency facto charged of the crime. Further, one cannot be convicted of a
Governor General. measures is left to the violation of a law or of an order issued pursuant to the law when both
discretion of the Governor the law and the order fail to set up an ascertainable standard of guilt.
General.
Anent the issue of undue delegation, the said Act wholly fails to provide
definitely and clearly what the standard policy should contain, so that it
could be put in use as a uniform policy required to take the place of all
others without the determination of the insurance commissioner in
respect to matters involving the exercise of a legislative discretion that
could not be delegated, and without which the act could not possibly
be put in use. The law must be complete in all its terms and provisions
when it leaves the legislative branch of the government and nothing
must be left to the judgment of the electors or other appointee or
delegate of the legislature, so that, in form and substance, it is a law in
all its details in presenti, but which may be left to take effect in
future, if necessary, upon the ascertainment of any prescribed fact or
event.
Act No. 2868
"An Act penalizing the monopoly and holding of, and speculation in, palay, rice, and corn under extraordinary
circumstances, regulating the distribution and sale thereof, and authorizing the Governor-General, with the consent of the
Council of State, to issue the necessary rules and regulations therefor, and making an appropriation for this purpose,"
Section 1. The Governor-General is hereby authorized, whenever, for any cause, conditions arise resulting in an
extraordinary rise in the price of palay, rice or corn, to issue and promulgate, with the consent of the Council of State,
temporary rules and emergency measures for carrying out the purpose of this Act.