CASE DIGEST
People vs. Santos 62 Phil. 300 Facts: The Secretary of Agriculture Agriculture and Commerce, by virtue of the authority vested in him by section 4 of Act No.4003 issued Administrative Order No. Section ! relative to fish and game "rovides as follo#s$ %!. &rohibited &rohibited fishing areas. areas. collect, collect, gather, gather, ta'e, or remove fish fish and other other sea "roducts "roducts from from &hili""ine #aters shall be allo#ed to fish, loiter, or anchor #ithin 3 'ilometers of the sore line of islands and reservations over #hich (urisdiction is e)ercised by naval or military authorities of the *nited States, "articularly "articularly Corregidor, &ulo Caballo, +a on(a, -l raile, and Carabao, and all other islands and detached roc's lying bet#een ariveles /eservation on the north side of the entrance to anila ay and Calum"an &oint /eservation on the south side of said entrance$ &rovided, That boats not sub(ect to license under Act No. 4003 and this order may fish #ithin the areas mentioned above only u"on receiving #ritten "ermission therefor, #hich "ermission may be granted by the Secretary of Agriculture and Commerce u"on recommendation of the military or naval authorities concerned. %A violation of this "aragra"h may be "roceeded against under section 41 of the ederal &enal Code.% The herein accused and a""ellee Augusto Augusto A. Santos is charged #ith having ordered his fishermen to manage and o"erate the motor launches alabon 22 and alabon 222 registered in his name and to fish, loiter and anchor #ithin three 'ilometers of the shore line of the 2sland of Corregidor over #hich (urisdiction is e)ercised by naval and military authorities of the *nited States, #ithout "ermission from the Secretary of Agriculture and Commerce. Issu Issues es:: heth hether er or not not violat violation ion of sectio section n ! of admin administ istrat rative ive order order No. No. can give give rise rise to crimin criminal al "rosecution. Held: Held: Act No. 4003 does not contain a "rovision "rohibiting boats not sub(ect to license to fish #ithin the sti"ulated areas areas #ithout the #ritten "ermission "ermission of the Secretary. Secretary. Since the act itself does not contain such "rohibition, the rules and regulations "romulgated by the Secretary of Agriculture to carry into effect the "rovisions of the la# cannot incor"orate such "rohibition. or the foregoing considerations, #e are of the o"inion and so hold that the conditional clause of section ! of Administrative Order No. , issued by the Secretary of Agriculture and Commerce, is null and void and #ithout effect, as constituting an e)cess of the regulatory "o#er conferred u"on him by section 4 of Act No. 4003 and an e)ercise of a legislative "o#er #hich has not been and cannot be delegated to him. herefore, inasmuch as the facts #ith the commission of #hich Augusto A. Santos is charged do not constitute a crime or a violation of some criminal la# #ithin the (urisdiction of the civil courts, the information filed against him is dismissed, #ith the costs de oficio. So ordered.
G.R. No. L-2!"
#u$ust "%& "!36
'H( P()PL( )F 'H( PHILIPPIN( ISL#N*S& "laintiffa""ellant, ISL#N*S& "laintiffa""ellant, vs. #+G+S') #. S#N')S& defendanta""ellee. S#N')S& defendanta""ellee. Office of the Solicitor-General Hilado for appellant. Arsenio Santos for appellee. ,ILL#-R(#L& J.:
This case is before us by b y virtue of an a""eal ta'en by the "rosecuting attorney from the order of the Court of irst 2nstance of Cavite #hich reads as follo#s$ O/5-/ hen this case #as called for trial for the arraignment, counsel for the accused a""eared stating that in vie# of the ruling laid do#n do #n by this court in criminal case No. 67!1 of this court, holding that the "enalty a""licable is under section !3 of Act No. 4003 #hich falls #ithin the original (urisdiction of the (ustice of the "eace court he re8uests that the case be remanded to the (ustice of the "eace court of Cavite #hich conducted the "reliminary investigation, so that the latter may try it, being #ithin its original (urisdiction. e agree that it falls #ithin the ( urisdiction of the corres"onding (ustice of the " eace court, but it being alleged in the information that the infraction #as committed #ithin the #aters of the 2sland of Corregidor, the com"etent (ustice of the "eace court is that of Corregidor, not Cavite. herefore, #e decree the dismissal of this case, cancelli ng the bond filed by the accused, #ith costs de oficio,, #ithout "re(udice to the filing by the "rosecuting attorney of a ne# i nformation in the (ustice of the oficio "eace court of Corregidor, if he so deems convenient. 2t is so ordered. 2n su""ort of his a""eal the a""ellant assigns as the sole alleged error committed by the court a quo its quo its having dismissed the case on the ground that it does not fall #ithin its original (urisdiction. On 9une :!, :;30, the "rovincial fiscal of Cavite filed against the accused a""ellee Augusta A. Santos an information #hich reads as follo#s$ The undersigned &rovincial iscal accuses Augusta A. Santos of violation of section ! of ish and
3? 'ilometers from the shore line of the 2sland of Corregidor over #hich the naval and military authorities of the *nited States e)ercise (urisdiction. Contrary to la#. Cavite, Cavite, 9une :!, :;31. Section ! of Administrative Order No. relative to fish and game, issued by the Secretary of Agriculture and Commerce, "rovides as follo#s$ !. Prohibited fishing areas. @ areas. @ No boats licensed in i n accordance #ith the "rovisions of Act No. 4003 and this order to catch, collect, gather, ta'e, or remove fish and other sea "roducts from &hili""ine #aters shall be allo#ed to fish, loiter, or anchor #ithin 3 'ilometers of the shore line of islands and reservations over #hich (urisdiction is e)ercised by naval or military authorities of the *nited *nited States, "articularly Corregidor, Corregidor, &ulo &ulo Caballo, +a on(a, -l raile, and Carabao, and all other islands and detached roc's lying bet#een ariveles /eservation on the north side of the entrance to anila ay and Calum"an &oint /eservation on the south side of said entrance$ Provided, Provided, That That boats not sub(ect to license under Act No. 4003 and this order may fish #ithin the areas mentioned above only u"on receiving #ritten "ermission therefor, #hich #hich
"ermission may be granted by the Secretary of Agriculture and Commerce u"on recommendation of the military or naval authorities concerned. A violation violation of this "aragra"h may be "roceeded "roceeded against under section 41 of the the ederal &enal Code. The above 8uoted "rovisions of Administrative, Order No. #ere issued b y the then Secretary of Agriculture and Natural /esources, no# Secretary of Agriculture and Commerce, by virtue of the authority vested in him b y section 4 of Act No. 4003 #hich reads as follo#s$ S-C. 4. Instructions, orders, rules and regulations. @ regulations. @ The Secretary of Agriculture and Natural /esources shall from time to time issue such instructions, orders, rules and regulations consistent #ith this Act, as may be necessary and "ro"er to carry into effect the "rovisions thereof and for the conduct of "roceedings arising under such "rovisions. The herein accused and a""ellee Augusto A. Santos is charged #ith having ordered his fishermen to manage and o"erate the motor launches Malabon II and and alabon 2ll registered in his name and to fish, loiter and anchor #ithin three 'ilometers of the shore line of the 2sland of Corregidor over #hich (ur isdiction is e)ercised by naval and military authorities of the *nited States, #ithout "ermission from the Secretary of Agriculture and Commerce. These acts constitute a violation of the conditional clause of section ! above 8uoted, 8u oted, #hich reads as follo#s$ Provided, That boats not sub(ect to lice nse under Act No. 4003 and this order may fish #ithin the areas Provided, That mentioned above >#ithin 3 'ilometers of the shore line of islands and reservations over #hich (urisdiction is e)ercised by naval and military authorities of the *nited States, "articularly Corregidor? only u"on receiving #ritten "ermission therefor, #hich "ermission may be granted by the Secretary of Agriculture and Commerce u"on recommendation of the military and naval authorities of concerned. >-m"hasis su""lied.? Act No. 4003 contains no no similar "rovision "rohibiting boats not sub(ect sub(ect to license from fishing #ithin three 'ilometers of the shore line of islands and reservations over #hich (urisdiction is e)ercised by naval and military authorities of the *nited States, #ithout "ermission from the Secretary of Agriculture and Commerce u"on recommendation of the military and naval authorities concerned. 2nasmuch as the only authority granted to the Secretary of Agriculture Agriculture and Commerce, by section 4 of Act No. 4003, is to issue from time to time such instructions, orders, rules, and regulations consistent #ith said Act, as may be necessary and "ro"er to carry into effect the "rovisions thereof and for the conduct of "roceedings arising under such "rovisions and inasmuch as said Act No. 4003, as stated, contains no "rovisions similar to those contained in the above 8uoted conditional clause of section ! of Administrative Order No. , the conditional clause in 8uestion su""li es a defect of the la#, e)tending it. This is e8uivalent to legislating on the matter, a "o#er #hich has not been and cannot be del egated to him, it being e)clusively reserved to the then &hili""ine +egislature by the 9ones +a#, and no# to the National Assembly by the Constitution of the &hili""ines. Such act constitutes not only an e)cess of the regulatory "o#er conferred u"on the Secretary of Agriculture Agriculture and Commerce, but also an e)ercise of a legislative "o#er #hich he does not have, and therefore said conditional clause is null and void and #ithout effect >: Cor"us 9uris, !41 /ubi vs. &rovincial oard of indoro, 3; &hil., 660 *.S. vs. Ang Tang Tang Bo, 43 &hil., : *.S. vs. arrias, :: &hil., 37?. or the foregoing considerations, #e are of the o"inion and so hold that the conditional clause of section ! of Administrative Order No. . . issued by the Secretary of Agriculture Agriculture and Commerce, is null and and void and #ithout effect, as constituting an e)cess of the regulatory "o#er conferred u"on him by section 4 of Act No. 4003 and an e)ercise of a legislative "o#er #hich has not been and cannot be delegated to him. herefore, inasmuch as the facts #ith the commission of #hich Augusto A. Santos is charged do not constitute a crime or a violation of some criminal la# #ithin the (urisdiction of the civil courts, the information filed against him is dismissed, #ith the costs de oficio. oficio. So ordered.
Avancea, !. "., "., Abad Santos, Santos, I#perial, $ia%, &ecto, &ecto, and 'aurel, ""., concur. concur.
