EFFECTIVITY CLAUSE La Bugal B’laan Tribal Association Inc vs.

Victor Ramos
Farinas vs Executive Secretary GR. No. 127882
GR No.147387 January 27, 2004
December 10,2003
Facts:
Facts: 1. Petitioners assails the constitutionality of the RA 792 (Phil.Mining
Before the court is a petition to declare as unconstitutional Sec.14 of RA 9006 Act of 1995) along with its Implementing rules and regulations,
(The fair election act) insofar as it expressly repeals Sec.67 of BP 881 (The DENR Administrative order 96-40 and the Financial and technical
Omnibus Election Code) filed by Farinas et al, minority members of the assistance agreement (FTAA) entered into on March 30,1995, by
minority bloc in the HR. Impleaded as respondents are the Executive sec, the Republic of the Philippines and Western Mining Corporation
Speaker of the House etal. Philippines, Inc. (WMCP)
2. On July 25, 1987, two days before the opening of congress,
Issue/s: Pres.Cory Aquino issued EO 279, authorizing the DENR secretary
1. WON the effectivity clause which states “This Act shall take effect to accept, consider and evaluate proposals from foreign-owned
upon its approval” (Sec.16) is a violation of the due process corporations or foreign investors for contracts of agreements
clause of the Constitution involving either technical or financial assistance for large-scale
explorations, which upon recommendation of the Sec, the
Ruling: President may execute with the foreign proponent. Sec.8 of the
1. An effectivity clause which provides that the law “shall take EO states that the same “shall take effect immediately”. By such
immediately upon its approval” is defective, but it does not authority the subject WMCP FTAA was executed on March 30,
render the entire law invalid, the law shall take effect fiftten days 1995.
after its publication in the OG or newspaper of general circulation. 3. On March 3, 1995, Fidel V. Ramos approved RA 7942, to govern
In Tanada vs Tuvera, the court laid down the rule: “The clause, the exploration, development, utilization and processing of all
unless otherwise provided refers to the date of effectivity and not mineral resources. 30 days following its publication on March 10,
to the requirement of publication itself”… Publication is 1995 in Malaya and Manila times, or on April 9, 1995, RA 7942
indispensable in every case. took effect.
4. Before the effectivity of RA 7942, or on March 30, 1995 the
President entered into an FTAA with WMCP.
Umali vs Estanislao 5. On August 15, 195, DENR Secretary, Victor Ramos issued DAO 95-
GR 104069 23, later repealed by DAO 96-40
May 29,1992 6. Subsequently WMCP sold all its shares to Sagittarius mines, Inc, a
Filipino corporation. By virtue of such, DENR approved the
Facts: transfer and registration of the subject FTAA from WMCP to
Congress enacted RA 7167 entitled “An act adjusting the basic personal and Saguittarius.
additional exemptions allowable to individuals for income tax purposes to
the poverty threshold level, amending for the purpose Sec.29 of the NIRC”. Issue/s:
The said act was signed and approved by the President on Dec.19,1991 and 1. WON EO 279 came into effect.
published on Jan.14,1992 in Malaya, a newspaper of general circulation.
Sec.3 of the said act states: “This act shall take effect upon its approval”, Ruling:
while Sec.5 states: “These regulations shall take effect on compensation 1. EO 279 came into effect. Petitioner’s contentions that based on
income from January 1, 1992. EO 200, Sec.1, EO 27 could have only taken effect fifteen days
after its publication at which time Congress had already convened
Issue/s: and the President’s power to legislate has ceased have no merit.
1. WON RA 7167 took effect upon its approval by the president on From a reading of Sec.8 of EO 279, Sec.1 of EO 200 and Tanada v
Dec.19,1991 or on Jan.30 1992, 15 days after its publication? Tuvera, the court holds that EO 279 became effective immediately
upon its publication in the OG on August 3, 1987. There is nothing
Ruling in EO 200 that prevents a law from taking effect on a date other
1. RA 7167 took effect on January 30,1992 after 15 days of its than – even before – the 15 day period after its publication;
bel. 1

publication. (Tanada vs Tuvera) where a law provides for its own date of effectivity, such date
prevails over that prescribed by EO 200. What is mandatory under
EO 200, and what due process requires as held in Tanada v
Tuvera, is the publication of law.
The convening of the first congress did not prevent the effectivity
of the laws previously enacted by the president in the exercise of
her legislative powers. Art 18, Sec.6 states that “The incumbent
president shall continue to exercise legislative powers until the
First Congress is convened”. Thus, the convening of Congress
merely precluded the exercise of the legislative powers of the
President. There can be no question that EO 279 is an effective,
and a validly enacted, statute.
PREAMBLE
Aglipay vs Ruiz
People vs Echaves No.45459
L-47757-61 March 13, 1937
January 28, 1980
Facts:
Facts: 1. In May 1936, Director of Posts announced in the dailies of Manila
1. On Oct.25, 1977, Fiscal Abundio R.Ello filed with the lower court that he would order the issuance of postage stamps
separate information against 16 persons charging them with commemorating the celebration in the City of Manila the 33 rd
squatting as penalized by PD 772. International Eucharistic Congress, organized by the Roman
2. The information against Mario Aparici states that the accused Catholic Church. This is in pursuant of Act 4052 “An act
with stealth and strategy enter into, occupy and cultivate a appropriating the sum of P60k and making the same available out
portion of a grazing land physically occupied, possessed and of any funds in the insular treaty not otherwise appropriated for
claimed by Atty.Vicente de la Serna the cost of plates and printing of postage stamps with new
3. 5 of the information was raffled to Judge Vincent B. Echaves, in designs, and for other purposes. Sec.2 of the same states: “The
which he dismissed the case on the grounds that: Director of Posts, with the approval of the Sec. of Public Works
a. The land was entered through stealth and strategy and Communications, is hereby authorized to dispose of the
whereas the decree states that entry should be whole or any portion of the amount appropriated in the manner
effected with the use of force, intimidation or threat or indicated and as often as may be deemed advantageous to the
taking advantage of the absence or tolerance of the government.
landowner 2. The petitioner, Mons.Gregorio Aglipay, Supreme Head of the
b. Under the rule of ejusdem generis, the decree does Philippine Independent Church, requested Vicente Sotto, Esq,
not apply to the cultivation of grazing land member of the Philippine bar to denounce the matter to the
4. Because of the order, the fiscal amended the information on President of the Philippines. In which, the petitioner filed a writ of
“stealth and strategy” and asked for reconsideration. However, prohibition to prevent the respondent from issuing and selling
lower court dismissed the motion, and insisted that the phrase postage stamps commemorative of the 33 rd International
“for other purposes” in the decree does not include agricultural Eucharistic Congress.
purposes because its preamble does not mention Sec. of 3. The petitioner alleged that issuance of the said stamps are
Agriculture and makes reference to the affluent class. Hence, this violative of the Constitution under the provisions of Art.6, Sec.13
appeal before the court. par.3 “No public money or property shall ever be appropriate,
applied or used directly or indirectly for the use, benefit or
Issue: support of any sect, or church”
- WON PD 772, which penalizes squatting and similar acts, applies
to agricultural lands. Issue:
- Is the issuance of the postage stamps commemorating the
Ruling: celebration in the City of Manila the 33rd International Eucharistic
- The court holds that the lower court correctly ruled that the Congress, in violation of the Constitution?
decree does not apply to pasture lands because its preamble
shows that it was intended to apply to squatting in urban Ruling:
communities or more particularly to illegal constructions in - The court finds no constitutional infraction in the case at bar. Act
squatter areas made by well-to-do individuals. The squatting No.4052 grants the Director of Posts, with the approval of the Sec.
complained of involves pasture lands in rural areas. of Public Works and Communications, discretion to issue postage
*Squatting on public agricultural lands is punished by RA 947. stamps deemed advantageous to the Government. The officials
concerned merely took advantage of an event considered of
international importance to give publicity to the Philippines and
its people.
- Religious freedom, as a constitutional mandate is not inhibition of
profound reverence for religion and is not a denial of its influence
bel. 2

in human affairs. By imploring the aid of the Almighty in the

preamble, the Filipino expressed their intense religious nature,
manifesting the elevating influence of religion in human society
which is recognized here as elsewhere.
- The government should not be embarrassed in its activities simply
because of the incidental results, more or less religious in
character, if the purpose had in view is one which could
legitimately be undertaken by legitimate authority. It is obvious
that while the issuance and sale of the stamps in question may be
said to be inseparably linked with an event of religious character,
the resulting propaganda, if any, received by the Roman Catholic
church was not the aim and purpose of the Government.