Nov 25, 2012

Rubi vs. Provincial Board Digest

Rubi v. Provincial Board
39 Phil 660

Facts:
The Provincial Board of Mindoro adopted a resolution which required all Mangyans to stay in one permanent settlement. The said resolution was approved by the Secretary of Interior as required under Sec. 2145 of the Revised Administrative Code. This provision authorized the establishment of non-Christian sites to be selected by the provincial governor. Sec. 2145 of the RAC is now herein assailed on ground that it is an unlawful delegation of legislative power to the provincial officials.

Issue: Whether or not Sec. 2145 of the RAC is valid

The provision is valid, as an exception to the general rule. The legislature is permitted to delegate legislative powers to the local authorities on matters that are of purely local concerns.

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