people vs Dacuycuy

GR No. 45127 May 5, 1989

FACTS: several pubic school officials of Leyte were charged for violation of RA 4670 (Magna
Carta for public school teachers).These officials motioned to quash the charges against them for
(1)lack of jurisdiction (2) unconstitutionality of Section 32. This motion was denied for lack of
merit. The private respondents filed a petition for certiorari to the Court of First Instance of
Leyte.They added to the grounds of unconsttutionality of Section 32 the following reasons: (1) it
imposes a cruel and unusual punishment (2) it constitutes an undue delegation of legislative
power, for the duration of penalty of the imprisonment is left to the discretion of the court. Judge
Dacuycuy, the respondent judge denied the motion saying that RA 4670 particularly Section 32
is valid and constitutional.
ISSUE: Whether or not Section 32 of RA 4670 is constitutional
HELD: NO. Section 32 is unconstitutional since it provides an indeterminable period of
imprisonment. Too much discretion was left by the legislature to the court, making it undue
delegation of power of the legislature. Section 32 did not pass the test of sufficient standard. If
section 32 will be allowed, it will violate not just the rules of separation of powers but also the
delegability of legislative powers.
Nota Bene: The charge against the public school officials will still be remanded to the municipal
court where it was first filed. RA 4670 ontains a separability clause in Section 34. Although Sec
32 was declared unconstitutional, other parts are still valid.