THE GOVERNMENT OP THE PHILIPPINE ISLANDS, EX REL. THE MUNICIPALITY OF CARDONA, PLAINTIFF, VS. THE MUNICIPALITY OF BINAÑGONAN ET AL., DEFENDANTS.

The plaintiff amended his complaint in this action after a demurrer thereto
had been sustained. No new or additional facts have been alleged and the case
stands precisely where it stood before the amended complaint was filed. A
demurrer having been offered to the amended complaint, that also must be
sustained.

The plaintiff still insists with great vigor that section 1 of Act No. 1748;
entitled “An Act authorizing the adjustment of provincial and municipal
boundaries and authorizing the change of capitals of provinces and subproyinces,
as may be necessary from time to time to serve the public convenience and
interest,” is in violation of the Act of Congress of July 1, 1902, in that it
delegates legislative powers to the Governor-General, whereas the Act of
Congress referred to lodges those powers in the Philippine Legislature.

Section 1 of the Act referred to provides in substance that, whenever in the
judgment of the Governor-General the public welfare requires, he may, by
executive order, enlarge, contract, or otherwise change the boundary of any
province, subprovince, municipality, or township or other political subdivision,
or separate any such subdivision into such portions as may be required, merge
any of such subdivisions with another, divide any province into one or more
subdivisions as may be required, name any new subdivision so created, change the
seat of government within any subdivision existing or created thereunder, to
such place therein as the public interests require, and shall fix in such
executive order the date when the change, merger, separation or other action
shall take effect. The section also provides that whenever the Governor-General
creates a new political subdivision he shall appoint such officers for the new
subdivision with such powers and duties as may be required by the existing
provisions of law applicable to the case and fix their salaries; and that such
appointees shall hold office until their successors are appointed or elected and
qualify. Successors to the elective offices shall be elected at the next general
election following such appointment.

The contention of the plaintiff ;s not well founded. The delegation of the
power referred to on the Governor-General does not involve an abdication of
legislative functions on the part of the legislature with regard to the
particular subject-matter with which it authorizes the Governor-General to deal.
It is simply a transference of certain details with respect to provinces,
municipalities, and townships, many of them newly created, and all of them
subject to more or less rapid change both in development and centers of
population, the proper regulation of which might require not only prompt action
but action of such a detailed character as not to permit the legislative body,
as such, to take it efficiently. We find no provision of the Act applicable so
far as it touches this case which is in violation of the Act of Congress of July
1, 1902.

The demurrer is sustained and the complaint is finally dismissed, with costs.
So ordered.

Torres, Carson, Trent, and Araullo, JJ., concur.