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    Case Brief - Ech-WPS Office

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    shielala2002
    This case brief discusses Echegaray vs. Secretary of Justice. It summarizes the facts of the case where the petitioner was convicted of raping his common law spouse's daughter and sentenced to death. It then discusses the issues of whether RA 8177 delegating authority to implement lethal injection was an undue delegation of legislative power. The court held that RA 8177 was not an undue delegation, but section 19 of the implementing rules was invalid.

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    Case Brief - Ech-WPS Office

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    shielala2002
    7 views3 pages
    This case brief discusses Echegaray vs. Secretary of Justice. It summarizes the facts of the case where the petitioner was convicted of raping his common law spouse's daughter and sentenced to death. It then discusses the issues of whether RA 8177 delegating authority to implement lethal injection was an undue delegation of legislative power. The court held that RA 8177 was not an undue delegation, but section 19 of the implementing rules was invalid.

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    Case Brief_ Ech-WPS Office

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    This case brief discusses Echegaray vs. Secretary of Justice. It summarizes the facts of the case where the petitioner was convicted of raping his common law spouse's daughter and sentenced to death. It then discusses the issues of whether RA 8177 delegating authority to implement lethal injection was an undue delegation of legislative power. The court held that RA 8177 was not an undue delegation, but section 19 of the implementing rules was invalid.

    Copyright:

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

    Case Brief - Ech-WPS Office

    Uploaded by

    shielala2002
    This case brief discusses Echegaray vs. Secretary of Justice. It summarizes the facts of the case where the petitioner was convicted of raping his common law spouse's daughter and sentenced to death. It then discusses the issues of whether RA 8177 delegating authority to implement lethal injection was an undue delegation of legislative power. The court held that RA 8177 was not an undue delegation, but section 19 of the implementing rules was invalid.

    Copyright:

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

    Case Brief: Echegaray vs.

    Secretary of Justice

    JANUARY 23, 2018JEFF REY

    G.R. No. 132601. October 12, 1998

    LEO ECHEGARAY y PILO

    vs.

    THE SECRETARY OF JUSTICE

    FACTS :

    On June 25, 1996, petitioner was convicted for the rape of his common law spouse’s ten year old
    daughter and was sentenced to death penalty. He filed a Motion for Reconsideration and Supplemental
    Motion for Reconsideration raising for the first time the constitutionality of RA 7659 “ The Death Penalty
    Law”, and the imposition of death penalty for the crime of rape. The motions were denied with the
    court finding no reason to declare it unconstitutional and pronouncing Congress compliant with the
    requirements for its imposition.

    RA 8177 was passed amending Art. 8 of the RPC as amended by Sec. 24 of RA 7659. The mode of
    execution was changed from electrocution to lethal injection. The Secretary of Justice promulgated the
    rules and regulations to implement R.A 8177 and directed the Director of Bureau of Corrections to
    prepare the Lethal Injection Manual.

    Petitioner filed a petition for prohibition, injunction and TRO to enjoin the Secretary of Justice and
    Director of Bureau of Prisons from carrying out the execution, contending that RA 8177 and its
    implementing rules are unconstitutional and void. The Executive Judge of the RTC of Quezon City and
    Presiding Judge of RTC Branch 104 were later impleaded to enjoin them from setting a date of
    execution.

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    On March 3, 1998 , the court required respondents to comment and mandated the parties to mantain
    status quo . Petitioner filed a very urgent motion to clarify status quo and to request for TRO until
    resolution of the petition.

    The Solicitor General filed a comment on the petition dismissing the claim that the RA in question is
    unconstitutional and providing arguments in support of his contention. CHR filed a motion for Leave of
    Court to Intervene and appear as Amicus Curiae alleging that the death penalty is cruel and degrading
    citing applicable provisions and statistics showing how other countries have abolished the death penalty
    and how some have become abolitionists in practice . Petitioner filed a reply stating that lethal injection
    is cruel, degrading , inhuman and violative of the International Covenant on Civil and Political Rights.

    ISSUE :

    WON R.A. 8117 and its implementing rules do not pass constitutional muster for being an undue
    delegation of legislative power

    HELD:

    THERE IS NO UNDUE DELEGATION OF LEGISLATIVE POWER IN R.A. NO. 8177 TO THE SECRETARY OF
    JUSTICE AND THE DIRECTOR OF BUREAU OF CORRECTIONS, BUT SECTION 19 OF THE RULES AND
    REGULATIONS TO IMPLEMENT R.A. NO. 8177 IS INVALID.

    The separation of power is a fundamental principle in our system of government and each department
    has exclusive cognizance of matters placed within its jurisdiction, and is supreme within its own sphere.
    A consequence of the doctrine of separation of powers is the principle of non-delegation of powers. In
    Latin maxim, the rule is : potestas delegata non delegari potest.” (what has been delegated, cannot be
    delegated). There are however exceptions to this rule and one of the recognized exceptions is “
    Delegation to Administrative Bodies “

    The Secretary of Justice in conjunction with the Secretary of Health and the Director of the Bureau of
    Corrections are empowered to promulgate rules and regulations on the subject of lethal injection.
    The reason for delegation of authority to administrative agencies is the increasing complexity of the task
    of government requiring expertise as well as the growing inability of the legislature to cope directly with
    the myriad problems demanding its attention.

    Although Congress may delegate to another branch of the Government the power to fill in the details in
    the execution, enforcement or administration of a law, it is essential, to forestall a violation of the
    principle of separation of powers, that said law: (a) be complete in itself – it must set forth therein the
    policy to be executed, carried out or implemented by the delegate – and (b) fix a standard – the limits of
    which are sufficiently determinate or determinable – to which the delegate must conform in the
    performance of his functions.

    Considering the scope and the definiteness of RA 8177, which changed the mode of carrying out the
    death penalty, the Court finds that the law sufficiently describes what job must be done, who is to do it,
    and what is the scope of his authority.

    RA 8177 likewise provides the standards which define the legislative policy, mark its limits, map out its
    boundaries, and specify the public agencies which will apply it. It indicates the circumstances under
    which the legislative purpose may be carried out

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