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    US v. Barrias

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    June Vincent Ferrer III
    The Supreme Court ruled that regulations issued by the Insular Collector of Customs requiring vessels to use adequate power when moving heavily loaded in the Pasig River, and establishing penalties for violations, did not constitute an undue delegation of legislative power. Harbor regulations are a matter of police power, and it is necessary to allow local authorities to establish specialized rules for each harbor. The Collector was authorized under statute to issue suitable regulations to regulate licensed harbor business and enforce them with reasonable fines.

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    US v. Barrias

    Uploaded by

    June Vincent Ferrer III
    95 views3 pages
    The Supreme Court ruled that regulations issued by the Insular Collector of Customs requiring vessels to use adequate power when moving heavily loaded in the Pasig River, and establishing penalties for violations, did not constitute an undue delegation of legislative power. Harbor regulations are a matter of police power, and it is necessary to allow local authorities to establish specialized rules for each harbor. The Collector was authorized under statute to issue suitable regulations to regulate licensed harbor business and enforce them with reasonable fines.

    Original Title

    41. US v. Barrias

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    The Supreme Court ruled that regulations issued by the Insular Collector of Customs requiring vessels to use adequate power when moving heavily loaded in the Pasig River, and establishing penalties for violations, did not constitute an undue delegation of legislative power. Harbor regulations are a matter of police power, and it is necessary to allow local authorities to establish specialized rules for each harbor. The Collector was authorized under statute to issue suitable regulations to regulate licensed harbor business and enforce them with reasonable fines.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    95 views3 pages

    US v. Barrias

    Uploaded by

    June Vincent Ferrer III
    The Supreme Court ruled that regulations issued by the Insular Collector of Customs requiring vessels to use adequate power when moving heavily loaded in the Pasig River, and establishing penalties for violations, did not constitute an undue delegation of legislative power. Harbor regulations are a matter of police power, and it is necessary to allow local authorities to establish specialized rules for each harbor. The Collector was authorized under statute to issue suitable regulations to regulate licensed harbor business and enforce them with reasonable fines.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    US v.

    Barrias
    G.R. No. 4349, September 24, 1908
    J. Tracey

    Digest Author: June Vincent Ferrer III

    Topic: Power of Administrative Agencies – Quasi-Legislative Power or Rule-Making


    Power

    Plaintiff-appellee: The United States


    Defendant-appellant: Aniceto Barrias

    Case Summary: Barrias was charged and convicted before CFI with a violation of some
    regulations of the Insular Collector of Customs. Hence, this petition. Barrias claims that
    such regulations constitute an undue delegation of legislative power.

    The Supreme Court ruled that the said regulations do not constitute an undue delegation
    of legislative power. Under Act No. 1235, the Collector is empowered to make suitable
    regulations and to fix penalties for violations thereof.

    Doctrine: Harbor regulations are in the nature of police regulations. Hence, they do not
    involve an undue grant of legislative power

    FACTS

    • Aniceto Barrias was charged before CFI with a violation of Pars. 70 and 83,
    Circular No. 397 of the Insular Collector of Customs

    • It was proved that:


    o Being the captain, he moved the ship and directed its movement in the
    Pasig River
    § When heavily laden by bamboo poles in the hands of the crew
    § Without steam, sail, or any other external power

    • It was based on:


    o Par. 70, Circular No. 397
    § No heavily loaded casco, lighter, or other similar craft shall be
    permitted to move in the Pasig River without being towed by steam
    or moved by other adequate power
    o Par. 83, Circular No. 397
    § For the violation of any of the foregoing regulations, the person
    offending shall be liable to a ne of not less than P5 and not more
    than P500, in the discretion of the court

    • Hence, this petition.


    Barrias contends:

    • Par. 70, Circular No. 397 is not valid


    o It is unauthorized by Sec. 19, Act No. 355
    o If the Acts of the Philippine Commission bear the interpretation of
    authorizing the Collector to promulgate such a law, they are void
    § It constitutes an illegal delegation of legislative power

    ISSUES AND HELD

    1. W/N the regulations constitute an undue delegation of legislative power – NO

    RULE

    • Secs. 1, 2, and 3 of Act No. 1136


    o The Collector of Customs is authorized to license craft engaged in the
    lighterage or other exclusively harbor business of the ports of the Islands,
    and, with certain exceptions, all vessels engaged in lightering are required
    to be so licensed

    • Sec. 5, Act No. 1136


    o The Collector of Customs for the Philippine Islands is hereby authorized,
    empowered, and directed to promptly make and publish suitable rules and
    regulations to carry this law into effect and to regulate the business herein
    licensed

    APPLICATION

    • The regulation of the Collector is valid under Sec. 5, Act No. 1136

    • Here, Lighterage is the very business in which the vessel was engaged

    • The vessel, heavily laden with hemp, was navigating the Pasig River below the
    Bridge of Spain, Manila
    o This spot is near the mouth of the river where the docks are used for the
    purpose of taking on and discharging freight
    o Hence, in a sense, it was part of the harbor

    • It is necessary to confide to some local authority the framing, changing, and


    enforcing of harbor regulations
    o Each region and each harbor requires peculiar rules more minute than could
    be enacted by the central lawmaking power

    • These harbor regulations are in the nature of police regulations


    o Hence, they do not involve an undue grant of legislative power
    • Under Act No. 1235, the Collector is empowered to make suitable regulations and
    to fix penalties for violations thereof, not exceeding a fine of P500

    • Such a delegated power constitutes not only a right but a duty to be performed by
    the delegate by the instrumentality of his own judgment acting immediately upon
    the matter of legislation and not through the intervening mind of another

    • Therefore, Secs. 5 and 8 of Act No. 1136 are valid

    RULING

    Petition DENIED.

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