People vs Vera

on December 18, 2011

Political Law Delegation of Powers

Cu Unjieng was convicted by the trial court in Manila. He filed for reconsideration
which was elevated to the SC and the SC remanded the appeal to the lower court
for a new trial. While awaiting new trial, he appealed for probation alleging that the
he is innocent of the crime he was convicted of. Judge Tuason of the Manila CFI
directed the appeal to the Insular Probation Office. The IPO denied the application.
However, Judge Vera upon another request by petitioner allowed the petition to be
set for hearing. The City Prosecutor countered alleging that Vera has no power to
place Cu Unjieng under probation because it is in violation of Sec. 11 Act No. 4221
which provides that the act of Legislature granting provincial boards the power to
provide a system of probation to convicted person. Nowhere in the law is stated that
the law is applicable to a city like Manila because it is only indicated therein that
only provinces are covered. And even if Manila is covered by the law it is
unconstitutional because Sec 1 Art 3 of the Constitution provides equal protection of
laws. The said law provides absolute discretion to provincial boards and this also
constitutes undue delegation of power. Further, the said probation law may be an
encroachment of the power of the executive to provide pardon because providing
probation, in effect, is granting freedom, as in pardon.

ISSUE: Whether or not there is undue delegation of power.

HELD: The act of granting probation is not the same as pardon. In fact it is limited
and is in a way an imposition of penalty. There is undue delegation of power
because there is no set standard provided by Congress on how provincial boards
must act in carrying out a system of probation. The provincial boards are given
absolute discretion which is violative of the constitution and the doctrine of the non
delegability of power. Further, it is a violation of equity so protected by the
constitution. The challenged section of Act No. 4221 in section 11 which reads as
follows: This Act shall apply only in those provinces in which the respective
provincial boards have provided for the salary of a probation officer at rates not
lower than those now provided for provincial fiscals. Said probation officer shall be
appointed by the Secretary of Justice and shall be subject to the direction of the
Probation Office. This only means that only provinces that can provide appropriation
for a probation officer may have a system of probation within their locality. This

would mean to say that convicts in provinces where no probation officer is instituted
may not avail of their right to probation.

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