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Alegre vs. Collector of CustomsJ. Johns

Facts:

Act No. 2380: "An Act providing for the inspection grading and !aling of a!aca #anila hemp$ mague%

cantala$ sisal and other fi!ers" &enacted !% the 'hilippine (egislature Fe!ruar% 28 )*)+

'etitioner for a num!er of %ears has !een and is no, engaged in the production of a!aca and its

e-portation to foreign marets. Novem!er 8 )*2/ he applied to the respondent for a permit to e-port )00!ales of a!aca to ngland ,hich ,as denied and advised that he ,ould not !e permitted to e-port thea!aca in 1uestion ,ithout a certificate of the Fi!er tandardiation 4oard. Alleging that the provisions ofthe Administrative Code for the grading inspection and certification of fi!ers and in particular sections)//2 and )2++ of that Code are unconstitutional and void

'ertinent sections of Act 2380: "a$ 5he 6irector of Agriculture is here!% en7oined and directed to

esta!lish define and designate standards for the commercial grades of a!aca mague% and sisal ,hichshall !ecome the official standards of classification throughout the 'hilippine slands calling to hisassistance the agencies of his 4ureau those of an% other 4ureau or !ranch of this 9overnment or suchother agencies as he ma% deem necessar% "!$ 5he 6irector of Agriculture shall prepare in suita!le formthe official standard of each grade of the fi!ers covered !% this Act and furnish the same; "f$ 5he6irector of Agriculture shall esta!lish one or several standards for a!aca ,hich ma% have !een partiall%cleaned or prepared in the form of to, ,aste or strings at the re1uest of a part% concerned if suchstandards are re1uired !% the maret. riginal la, 2380$ ,as made part of Admin Code. ec )2++ reads: "A collector of customs shall not permit

a!aca mague% or sisal or other fi!rous products for ,hich standard grades have !een esta!lished !% the6irector of Agriculture to !e laden a!oard a vessel clearing for a foreign port unless the shipmentconforms to the re1uirements of la, relative to the shipment of such fi!ers."

ection )//2: "5he Fi!er tandardiation 4oard shall determine the official standards for the various

commercial grades of 'hilippine fi!ers that are or ma% hereafter !e produced in the 'hilippine slands forshipment a!road. ach grade shall have its proper name and designation ,hich together ,ith the !asisupon ,hich the several grades are determined shall !e defined !% the said 4oard in a general order. uchorder shall have the approval of the ecretar% of Agriculture and Natural ?esources and for thedissemination of information copies of the same shall !e supplied gratis to the foreign marets provincialgovernors municipal presidents and to such other persons and agencies as shall mae re1uest therefor.

purpose and intent of the original la, ,as to provide in detail for the inspection grading and !aling of

a!aca mague% sisal and other fi!ers and for a uniform scale for grading and to issue official certificatesas to the ind and 1ualit% of the hemp so that an intending purchaser from an e-amination of the

certificates might !e assured and no, the grade and 1ualit% of the hemp offered for sale

ssue: @>N the authorit% vested in the F4 is an undue delegation of legislative po,er N> A(6 6(9A5>N$

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?: C>D?5 >F A''A( '6?> (. EA' F #(AN> F. AN5A9> A9?CD(5D?A( #ANA9#N5 6(>'#N5 C>?'

(a, G ?A HII/ G pa%ment for lando,ners to !e made in cash or !onds?ule G 6A? Admin >rder * G allo,ed pa%ment to !e earmared or the use of trust accounts

Facts:

'rivate respondents are lando,ners ,hose landholdings ,ere ac1uired !% the 6A? and su!7ected to

transfer schemes to 1ualified !eneficiaries under the Comprehensive Agrarian ?eform (a,. Aggrieved !%the alleged lapses of the 6A? and the (and!an ,ith respect to the valuation and pa%ment ofcompensation for their land the% filed a 'etition for Certiorari and #andamus ,ith pra%er for preliminar%mandator% in7unction. 5he% 1uestioned the validit% of 6A? Administrative >rder No. H eries of )**2 and6A? Administrative >rder No. * eries of )**0 and sought to compel the 6A? to e-pedite the pendingsummar% administrative proceedings to finall% determine the 7ust compensation of their properties and the(and!an to deposit in cash and !onds the amounts respectivel% "earmared" "reserved" and "depositedin trust accounts" for private respondents and to allo, them to ,ithdra, the same.

'rivate respondents argued that Administrative >rder No. * eries of )**0 ,as issued ,ithout 7urisdiction

and ,ith grave a!use of discretion !ecause it permits the opening of trust accounts !% the (and!an inlieu of depositing in cash or !onds in an accessi!le !an designated !% the 6A? the compensation for theland !efore it is taen and the titles are cancelled as provided under ection )He$ of ?A HHI/. * 'rivaterespondents also assail the fact that the 6A? and the (and!an merel% "earmared" "deposited in trust" or"reserved" the compensation in their names as lando,ners despite the clear mandate that !efore taingpossession of the propert% the compensation must !e deposited in cash or in !onds.

'etitioner 6A? ho,ever maintained that Administrative >rder No. * is a valid e-ercise of its rule&maing

po,er pursuant to ection +* of ?A HII/. )) #oreover the 6A? maintained that the issuance of the"Certificate of 6eposit" !% the (and!an ,as a su!stantial compliance ,ith ection )He$ of ?A HHI/ andthe ruling in the case of Association of mall (ando,ners in the 'hilippines nc. et al. vs. N the rule 6A? Admin >rder *$ is valid N>$