PEOPLE vs. VERA G.R. No.

L-45685 November 16, 1937 FACTS: This case involves the constitutionality of
the old probation law. Respondent 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 under the provisions of Act No. 4221.
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 grants provincial boards the power to
provide a system of probation to convicted person. Nowhere in the law is stated that it is applicable to a
cities like Manila as it is only indicated therein that only provinces are covered. And even if Manila is
covered by the law, it is unconstitutional because it is violative of the equal protection clause of the
constitution. It also avers that the said law provides absolute discretion to provincial boards, thus it
constitutes undue delegation of power. ISSUE: Whether or not Act 4221 or the old probation law is an
undue delegation of legislative power on the ground that there is no standard set by congress for its
implementation. HELD: Yes. There is undue delegation of power because there is no 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.