ERIS C.

ATENDIDO (Block 1)
Eastern Shipping Line Inc. vs POEA
G.R. NO. 76633
Facts:
A Chief Officer of a ship was killed in an accident in Japan. The widow filed a complaint for
charges against the Eastern Shipping Lines with POEA, based on a Memorandum Circular No. 2,
issued by the POEA which stipulated death benefits and burial for the family of overseas
workers. ESL questioned the validity of the memorandum circular as violative of the principle of
non-delegation of legislative power. It contends that no authority had been given the POEA to
promulgate the said regulation; and even with such authorization, the regulation represents an
exercise of legislative discretion which, under the principle, is not subject to delegation.
Nevertheless, POEA assumed jurisdiction and decided the case.

Issue:
Whether or not the Issuance of Memorandum Circular No. 2 is a violation of non-delegation of
powers.

Ruling:
No. SC held that there was a valid delegation of powers.

The authority to issue the said regulation is clearly provided in Section 4(a) of Executive Order
No. 797. … “The governing Board of the Administration (POEA), as hereunder provided shall
promulgate the necessary rules and regulations to govern the exercise of the adjudicatory
functions of the Administration (POEA).”

Analysis: It is true that legislative discretion as to the substantive contents of the law cannot be
delegated. What can be delegated is the discretion to determine how the law may be enforced,
not what the law shall be. The ascertainment of the latter subject is a prerogative of the
legislature. This prerogative cannot be abdicated or surrendered by the legislature to the delegate.

Conclusion: The Petition is Dismissed.