PELAEZ VS AUDITOR GENERAL (December 24, 1965)

Nature Writ of prohibition with preliminary injunction against the auditor general (to prevent audit and disbursement of
public funds in relation to 33 municipalities created)
Parties Emmanuel Pelaez, then VP, petitioner
Auditor General, respondent
Disputed Matter EOs issued by Pres. Ferdinand Marcos creating 33 municipalities, pursuant to Sec. 68 of the RAC
Antecedents  Pres. Ferdinand Marcos creating 33 municipalities, pursuant to Sec. 68 of the RAC
 Pelaez counters saying such EOs were unconstitutional as Sec. 68 of RAC has already been repealed by RA
No. 2370 stating that barrios may be created only via a legislative act. If this act prohibits the creation of
barrios, how much more a municipality?
 Filed a motion before the SC to enjoin the auditor general from disbursing public funds to said
municipalities
Petitioner Court Doctrine
1. Allowing the President to create Section 68 of the Revised Although Congress may delegate to another branch of
municipalities is an undue Administrative Code does not the government the power to fill in the details in the
delegation of power meet these well settled execution, enforcement or administration of a law, it is
requirements for a valid essential, to forestall a violation of the principle of
delegation of the power to fix the separation of powers, that said law: (a) be complete
details in the enforcement of a law. in itself — it must set forth therein the policy to be
It does not enunciate any policy to executed, carried out or implemented by the delegate
be carried out or implemented by — and (b) fix a standard — the limits of which are
the President. Neither does it give a sufficiently determinate or determinable — to which
standard sufficiently precise to the delegate must conform in the performance of his
avoid the evil effects above referred functions.
to.

The creation of municipalities, is

not an administrative function, but
one which is essentially and
eminently legislative in
character.