People of the Philippines vs Hon. Judge Auxenio C.

Dacuycuy
GR No. 45127, May 5, 1989

FACTS:
Several public school officials of Leyte were charged for violation of RA 4670 (Magna Carta for
public school teachers).These officials motioned to quash the charges against them for (1) Lack
of jurisdiction (2) unconstitutionality of Section 32. This motion was denied for lack of merit.
The private respondents filed a petition for certiorari to the Court of First Instance of Leyte. They
added to the grounds of unconstitutionality of Section 32 the following reasons: (1) it imposes a
cruel and unusual punishment (2) it constitutes an undue delegation of legislative power, for the
duration of penalty of the imprisonment is left to the discretion of the court. Judge Dacuycuy, the
respondent judge denied the motion saying that RA 4670 particularly Section 32 is valid and
constitutional.
ISSUE:
Whether or not Section 32 of RA 4670 is constitutional
HELD:
NO. Section 32 is unconstitutional since it provides an indeterminable period of imprisonment.
Too much discretion was left by the legislature to the court, making it undue delegation of power
of the legislature. Section 32 did not pass the test of sufficient standard. If section 32 will be
allowed, it will violate not just the rules of separation of powers but also the delegation of
legislative powers.
The charge against the public school officials will still be remanded to the municipal court where
it was first filed. RA 4670 contains a separability clause in Section 34. Although Section
32 was declared unconstitutional, other parts are still valid.