The case examines whether Commonwealth Act 548 unduly delegates legislative power to the Director of Public Works. Justice Laurel defines social justice and also addresses the delegation issue. He determines that the Act does not confer true legislative powers, but rather authorizes the Director to carry out the National Assembly's policy of promoting road safety. Specifically, the Director is empowered to ascertain facts and circumstances to apply the law, such as enacting rules on road use and closures based on traffic conditions. This is deemed a valid administrative function rather than lawmaking. Therefore, there is no undue delegation of legislative power.
The case examines whether Commonwealth Act 548 unduly delegates legislative power to the Director of Public Works. Justice Laurel defines social justice and also addresses the delegation issue. He determines that the Act does not confer true legislative powers, but rather authorizes the Director to carry out the National Assembly's policy of promoting road safety. Specifically, the Director is empowered to ascertain facts and circumstances to apply the law, such as enacting rules on road use and closures based on traffic conditions. This is deemed a valid administrative function rather than lawmaking. Therefore, there is no undue delegation of legislative power.
The case examines whether Commonwealth Act 548 unduly delegates legislative power to the Director of Public Works. Justice Laurel defines social justice and also addresses the delegation issue. He determines that the Act does not confer true legislative powers, but rather authorizes the Director to carry out the National Assembly's policy of promoting road safety. Specifically, the Director is empowered to ascertain facts and circumstances to apply the law, such as enacting rules on road use and closures based on traffic conditions. This is deemed a valid administrative function rather than lawmaking. Therefore, there is no undue delegation of legislative power.
Consti CALALANG V. WILLIAMS HELD: The case of Calalang vs Williams is known for the elegant exposition of the There is no undue deleagation of definition of social justice. legislative power. Commonwealth Act 548 does not confer legislative powers In this case, Justice Laurel defined to the Director of Public Works. The social justice as “neither communism, authority conferred upon them and nor despotism, nor atomism, nor under which they promulgated the rules anarchy” but humanization of laws and and regulations now complained of is equalization of social and economic not to determine what public policy forces by the State so that justice in its demands but merely to carry out the rational and objectively secular legislative policy laid down by the conception may at least be National Assembly in said Act, to wit, “to approximated. promote safe transit upon and avoid obstructions on, roads and streets As I browse through the entire case, I designated as national roads by acts of found out that there is more to this case the National Assembly or by executive than the definition of social justice. In orders of the President of the fact, another important issue raised here Philippines” and to close them is whether there was a valid delegation temporarily to any or all classes of traffic of power by the National Assembly to “whenever the condition of the road or the Director of Public Works. the traffic makes such action necessary or advisable in the public convenience FACTS: and interest.” In pursuance of Commonwealth Act 548 which mandates the the Director of The delegated power, if at all, therefore, Public Works, with the approval of the is not the determination of what the law Secretary of Public Works and shall be, but merely the ascertainment Communications, shall promulgate the of the facts and circumstances upon necessary rules and regulations to which the application of said law is to be regulate and control the use of and predicated. traffic on such roads and streets to promote safe transit upon, and avoid To promulgate rules and regulations on obstructions on, roads and streets the use of national roads and to designated as national roads, the determine when and how long a national Director of Public Works adopted the road should be closed to traffic, in view resolution of the National Traffic of the condition of the road or the traffic Commission, prohibiting the passing of thereon and the requirements of public animal drawn vehicles in certain streets convenience and interest, is an in Manila. administrative function which cannot be directly discharged by the National Petitioner questioned this as it Assembly. constitutes an undue delegation of legislative power. It must depend on the discretion of some other government official to whom ISSUE: is confided the duty of determining whether the proper occasion exists for executing the law. But it cannot be said that the exercise of such discretion is the making of the law.
George W. Morosani, Individually and On Behalf of All Other Persons Similarly Situated v. The First National Bank of Atlanta, 703 F.2d 1220, 1st Cir. (1983)