Professional Documents
Culture Documents
Chapter 5 Isagani Cruz
Chapter 5 Isagani Cruz
L-49112 February 2, 1979 Juinio, Minister of Public Works, Transportation 207, recommended the enactment of local
LEOVILLO C. AGUSTIN, petitioner, and Communications; and Baltazar Aquino, legislation for the installation of road safety
vs. Minister of Public Highways; were to answer. signs and devices; [Now, therefore, I,
HON. ROMEO F. EDU, in his capacity as Land That they did in a pleading submitted by Ferdinand E. Marcos], President of the
Transportation Commissioner; HON. JUAN Solicitor General Estelito P. Philippines, in the interest of safety on all
PONCE ENRILE, in his capacity as Minister of Mendoza. 2 Impressed with a highly streets and highways, including expressways
National Defense; HON. ALFREDO L. JUINIO, persuasive quality, it makes devoid clear that or limited access roads, do hereby direct: 1.
in his capacity as Minister Of Public Works, the imputation of a constitutional infirmity is That all owners, users or drivers of motor
Transportation and Communications; and devoid of justification The Letter of Instruction vehicles shall have at all times in their motor
HON: BALTAZAR AQUINO, in his capacity as on is a valid police power measure. Nor could vehicles at least one (1) pair of early warning
Minister of Public Highways, respondents. the implementing rules and regulations issued device consisting of triangular, collapsible
Leovillo C. Agustin Law Office for petitioner. by respondent Edu be considered as reflectorized plates in red and yellow colors at
Solicitor General Estelito P. Mendoza, amounting to an exercise of legislative least 15 cms. at the base and 40 cms. at the
Assistant Solicitor General Ruben E. Agpalo power. Accordingly, the petition must be sides. 2. Whenever any motor vehicle is
and Solicitor Amado D. Aquino for dismissed. stalled or disabled or is parked for thirty (30)
respondents. minutes or more on any street or highway,
The facts are undisputed. The assailed Letter including expressways or limited access
FERNANDO, J.: of Instruction No. 229 of President Marcos, roads, the owner, user or driver thereof shall
The validity of a letter of Instruction 1 providing issued on December 2, 1974, reads in full: cause the warning device mentioned herein
for an early seaming device for motor "[Whereas], statistics show that one of the to be installed at least four meters away to
vehicles is assailed in this prohibition major causes of fatal or serious accidents in the front and rear of the motor vehicle
proceeding as being violative of the land transportation is the presence of staged, disabled or parked. 3. The Land
constitutional guarantee of due process and, disabled, stalled or parked motor vehicles Transportation Commissioner shall cause
insofar as the rules and regulations for its along streets or highways without any Reflectorized Triangular Early Warning
implementation are concerned, for appropriate early warning device to signal Devices, as herein described, to be prepared
transgressing the fundamental principle of approaching motorists of their presence; and issued to registered owners of motor
non- delegation of legislative power. The [Whereas], the hazards posed by such vehicles, except motorcycles and trailers,
Letter of Instruction is stigmatized by obstructions to traffic have been recognized charging for each piece not more than 15 %
petitioner who is possessed of the requisite by international bodies concerned with of the acquisition cost. He shall also
standing, as being arbitrary and oppressive. A traffic safety, the 1968 Vienna Convention on promulgate such rules and regulations as are
temporary restraining order as issued and Road Signs and Signals and the United appropriate to effectively implement this
respondents Romeo F. Edu, Land Nations Organization (U.N.); [Whereas], the order. 4. All hereby concerned shall closely
Transportation Commissioner Juan Ponce said Vienna Convention which was ratified by coordinate and take such measures as are
Enrile, Minister of National Defense; Alfredo L. the Philippine Government under P.D. No. necessary or appropriate to carry into effect
then instruction. 3 Thereafter, on November vehicle, the following rules and regulations transportation Commission," 11 alleged that
15, 1976, it was amended by Letter of are hereby issued: 1. LTC Administrative Order said Letter of Instruction No. 229, as
Instruction No. 479 in this wise. "Paragraph 3 of No. 1, dated December 10, 1976; shall now amended, "clearly violates the provisions and
Letter of Instruction No. 229 is hereby be implemented provided that the device delegation of police power, [sic] * * *: " For him
amended to read as follows: 3. The Land may come from whatever source and that it they are "oppressive, unreasonable, arbitrary,
transportation Commissioner shall require shall have substantially complied with the confiscatory, nay unconstitutional and
every motor vehicle owner to procure from EWD specifications contained in Section 2 of contrary to the precepts of our
any and present at the registration of his said administrative order; 2. In order to insure compassionate New Society." 12 He
vehicle, one pair of a reflectorized early that every motor vehicle , except contended that they are "infected with
warning device, as d bed of any brand or motorcycles, is equipped with the device, a arbitrariness because it is harsh, cruel and
make chosen by mid motor vehicle. The Land pair of serially numbered stickers, to be issued unconscionable to the motoring
Transportation Commissioner shall also free of charge by this Commission, shall be public;" 13 are "one-sided, onerous and
promulgate such rule and regulations as are attached to each EWD. The EWD. serial patently illegal and immoral because [they]
appropriate to effectively implement this number shall be indicated on the registration will make manufacturers and dealers instant
order.'" 4 There was issued accordingly, by certificate and official receipt of payment of millionaires at the expense of car owners who
respondent Edu, the implementing rules and current registration fees of the motor vehicle are compelled to buy a set of the so-called
regulations on December 10, 1976. 5 They concerned. All Orders, Circulars, and early warning device at the rate of P 56.00 to
were not enforced as President Marcos on Memoranda in conflict herewith are hereby P72.00 per set." 14 are unlawful and
January 25, 1977, ordered a six-month period superseded, This Order shall take effect unconstitutional and contrary to the precepts
of suspension insofar as the installation of immediately. 9 It was for immediate of a compassionate New Society [as being]
early warning device as a pre-registration implementation by respondent Alfredo L. compulsory and confiscatory on the part of
requirement for motor vehicle was Juinio, as Minister of Public Works, the motorists who could very well provide a
concerned. 6 Then on June 30, 1978, another transportation, and Communications. 10 practical alternative road safety device, or a
Letter of Instruction 7 the lifting of such better substitute to the specified set of
suspension and directed the immediate Petitioner, after setting forth that he "is the EWD's." 15 He therefore prayed for a judgment
implementation of Letter of Instruction No. owner of a Volkswagen Beetle Car, Model both the assailed Letters of Instructions and
229 as amended. 8 It was not until August 29, 13035, already properly equipped when it Memorandum Circular void and
1978 that respondent Edu issued came out from the assembly lines with unconstitutional and for a restraining order in
Memorandum Circular No. 32, worded thus: blinking lights fore and aft, which could very the meanwhile.
"In pursuance of Letter of Instruction No. 716, well serve as an early warning device in case
dated June 30, 1978, the implementation of of the emergencies mentioned in Letter of A resolution to this effect was handed down
Letter of Instruction No. 229, as amended by Instructions No. 229, as amended, as well as by this Court on October 19, 1978: "L-49112
Letter of Instructions No. 479, requiring the use the implementing rules and regulations in (Leovillo C. Agustin v. Hon. Romeo F. Edu,
of Early Warning Devices (EWD) on motor Administrative Order No. 1 issued by the land etc., et al.) — Considering the allegations
contained, the issues raised and the same are likewise oppressive, arbitrary, its highly-persuasive quality cannot be
arguments adduced in the petition for confiscatory, one-sided, onerous, immoral denied.
prohibition with writ of prohibitory and/or unreasonable and illegal the truth being that
mandatory injunction, the Court Resolved to said allegations are without legal and factual This Court thus considered the petition
(require) the respondents to file an answer basis and for the reasons alleged in the submitted for decision, the issues being
thereto within ton (10) days from notice and Special and Affirmative Defenses of this clearly joined. As noted at the outset, it is far
not to move to dismiss the petition. The Court Answer."18 Unlike petitioner who contented from meritorious and must be dismissed.
further Resolved to [issue] a [temporary himself with a rhetorical recital of his litany of
restraining order] effective as of this date and grievances and merely invoked the 1. The Letter of Instruction in question was
continuing until otherwise ordered by this sacramental phrases of constitutional issued in the exercise of the police power.
Court.16 litigation, the Answer, in demonstrating that That is conceded by petitioner and is the
the assailed Letter of Instruction was a valid main reliance of respondents. It is the
Two motions for extension were filed by the exercise of the police power and submission of the former, however, that while
Office of the Solicitor General and granted. implementing rules and regulations of embraced in such a category, it has
Then on November 15, 1978, he Answer for respondent Edu not susceptible to the charge offended against the due process and equal
respondents was submitted. After admitting that there was unlawful delegation of protection safeguards of the Constitution,
the factual allegations and stating that they legislative power, there was in the portion although the latter point was mentioned only
lacked knowledge or information sufficient to captioned Special and Affirmative Defenses, in passing. The broad and expansive scope of
form a belief as to petitioner owning a a citation of what respondents believed to be the police power which was originally
Volkswagen Beetle car," they "specifically the authoritative decisions of this Tribunal Identified by Chief Justice Taney of the
deny the allegations and stating they lacked calling for application. They are Calalang v. American Supreme Court in an 1847 decision
knowledge or information sufficient to form a Williams, 19 Morfe v. Mutuc, 20 and Edu v. as "nothing more or less than the powers of
belief as to petitioner owning a Volkswagen Ericta. 21 Reference was likewise made to the government inherent in every
Beetle Car, 17 they specifically deny the 1968 Vienna Conventions of the United sovereignty" was
23 stressed in the
allegations in paragraphs X and XI (including Nations on road traffic, road signs, and aforementioned case of Edu v. Ericta thus:
its subparagraphs 1, 2, 3, 4) of Petition to the signals, of which the Philippines was a "Justice Laurel, in the first leading decision
effect that Letter of Instruction No. 229 as signatory and which was duly after the Constitution came into
amended by Letters of Instructions Nos. 479 ratified. 22 Solicitor General Mendoza took force, Calalang v. Williams, Identified police
and 716 as well as Land transportation pains to refute in detail, in language calm power with state authority to enact legislation
Commission Administrative Order No. 1 and its and dispassionate, the vigorous, at times that may interfere with personal liberty or
Memorandum Circular No. 32 violates the intemperate, accusation of petitioner that property in order to promote the general
constitutional provisions on due process of the assailed Letter of Instruction and the welfare. Persons and property could thus 'be
law, equal protection of law and undue implementing rules and regulations cannot subjected to all kinds of restraints and
delegation of police power, and that the survive the test of rigorous scrutiny. To repeat, burdens in order to we the general comfort,
health and prosperity of the state.' Shortly in the conception that men in organizing the 3. The futility of petitioner's effort to nullify both
after independence in 1948, Primicias v. state and imposing upon its government the Letter of Instruction and the implementing
Fugoso reiterated the doctrine, such a limitations to safeguard constitutional rights rules and regulations becomes even more
competence being referred to as 'the power did not intend thereby to enable an apparent considering his failure to lay the
to prescribe regulations to promote the individual citizen or a group of citizens to necessary factual foundation to rebut the
health, morals, peace, education, good obstruct unreasonably the enactment of presumption of validity. So it was held
order or safety, and general welfare of the such salutary measures calculated to in Ermita-Malate Hotel and Motel Operators
people. The concept was set forth in communal peace, safety, good order, and Association, Inc. v. City Mayor of
negative terms by Justice Malcolm in a pre- welfare." 24 Manila. 28 The rationale was clearly set forth in
Commonwealth decision as 'that inherent 2. It was thus a heavy burden to be an excerpt from a decision of Justice
and plenary power in the State which shouldered by petitioner, compounded by Branders of the American Supreme Court,
enables it to prohibit all things hurtful to the the fact that the particular police power quoted in the opinion: "The statute here
comfort, safety and welfare of society. In that measure challenged was clearly intended to questioned deals with a subject clearly within
sense it could be hardly distinguishable as promote public safety. It would be a rare the scope of the police power. We are asked
noted by this Court in Morfe v. Mutuc with the occurrence indeed for this Court to invalidate to declare it void on the ground that the
totality of legislative power. It is in the above a legislative or executive act of that specific method of regulation prescribed is
sense the greatest and most powerful at. character. None has been called to our unreasonable and hence deprives the
tribute of government. It is, to quote Justice attention, an indication of its being non- plaintiff of due process of law. As underlying
Malcolm anew, 'the most essential, insistent, existent. The latest decision in point, Edu v. questions of fact may condition the
and at least table powers, I extending as Ericta, sustained the validity of the Reflector constitutionality of legislation of this
Justice Holmes aptly pointed out 'to all the Law, 25 an enactment conceived with the character, the presumption of
great public needs.' Its scope, ever- same end in view. Calalang v. Williams found constitutionality must prevail in the absence
expanding to meet the exigencies of the nothing objectionable in a statute, the of some factual foundation of record in
times, even to anticipate the future where it purpose of which was: "To promote safe overthrowing the statute. 29
could be done, provides enough room for an transit upon, and. avoid obstruction on roads
efficient and flexible response to conditions and streets designated as national roads * * 4. Nor did the Solicitor General as he very well
and circumstances thus assuring the greatest *. 26 As a matter of fact, the first law sought to could, rely solely on such rebutted
benefits. In the language of Justice Cardozo: be nullified after the effectivity of the 1935 presumption of validity. As was pointed out in
'Needs that were narrow or parochial in the Constitution, the National Defense his Answer "The President certainly had in his
past may be interwoven in the present with Act, 27 with petitioner failing in his quest, was possession the necessary statistical
the well-being of the nation. What is critical or likewise prompted by the imperative information and data at the time he issued
urgent changes with the time.' The police demands of public safety. said letter of instructions, and such factual
power is thus a dynamic agency, suitably foundation cannot be defeated by
vague and far from precisely defined, rooted petitioner's naked assertion that early
warning devices 'are not too vital to the redundancy, nor oppressive, for car owners 6. Nor did the other extravagant assertions of
prevention of nighttime vehicular accidents' whose cars are already equipped with 1) constitutional deficiency go unrefuted in the
because allegedly only 390 or 1.5 per cent of blinking lights in the fore and aft of said motor Answer of the Solicitor General "There is
the supposed 26,000 motor vehicle accidents vehicles,' 2) "battery-powered blinking lights nothing in the questioned Letter of Instruction
that in 1976 involved rear-end collisions (p. 12 inside motor vehicles," 3) "built-in reflectorized No. 229, as amended, or in Administrative
of petition). Petitioner's statistics is not backed tapes on front and rear bumpers of motor Order No. 1, which requires or compels motor
up by demonstrable data on record. As aptly vehicles," or 4) "well-lighted two (2) petroleum vehicle owners to purchase the early warning
stated by this Honorable Court: Further: "It lamps (the Kinke) * * * because: Being device prescribed thereby. All that is required
admits of no doubt therefore that there being universal among the signatory countries to is for motor vehicle owners concerned like
a presumption of validity, the necessity for the said 1968 Vienna Conventions, and visible petitioner, to equip their motor vehicles with
evidence to rebut it is unavoidable, unless the even under adverse conditions at a distance a pair of this early warning device in question,
statute or ordinance is void on its face, which of at least 400 meters, any motorist from this procuring or obtaining the same from
is not the case here"' * * *. But even as g the country or from any part of the world, who whatever source. In fact, with a little of
verity of petitioner's statistics, is that not sees a reflectorized rectangular early industry and practical ingenuity, motor
reason enough to require the installation of seaming device installed on the roads, vehicle owners can even personally make or
early warning devices to prevent another 390 highways or expressways, will conclude, produce this early warning device so long as
rear-end collisions that could mean the death without thinking, that somewhere along the the same substantially conforms with the
of 390 or more Filipinos and the deaths that travelled portion of that road, highway, or specifications laid down in said letter of
could likewise result from head-on or frontal expressway, there is a motor vehicle which is instruction and administrative order.
collisions with stalled vehicles?" 30 It is quite stationary, stalled or disabled which obstructs Accordingly the early warning device
manifest then that the issuance of such Letter or endangers passing traffic. On the other requirement can neither be oppressive,
of Instruction is encased in the armor of prior, hand, a motorist who sees any of the onerous, immoral, nor confiscatory, much less
careful study by the Executive Department. aforementioned other built in warning does it make manufacturers and dealers of
To set it aside for alleged repugnancy to the devices or the petroleum lamps will not said devices 'instant millionaires at the
due process clause is to give sanction to immediately get adequate advance expense of car owners' as petitioner so
conjectural claims that exceeded even the warning because he will still think what that sweepingly concludes * * *. Petitioner's fear
broadest permissible limits of a pleader's well- blinking light is all about. Is it an emergency that with the early warning device
known penchant for exaggeration. vehicle? Is it a law enforcement car? Is it an requirement 'a more subtle racket may be
ambulance? Such confusion or uncertainty in committed by those called upon to enforce
5. The rather wild and fantastic nature of the the mind of the motorist will thus increase, it * * * is an unfounded speculation. Besides,
charge of oppressiveness of this Letter of rather than decrease, the danger of that unscrupulous officials may try to enforce
Instruction was exposed in the Answer of the collision. 31 said requirement in an unreasonable manner
Solicitor General thus: "Such early warning or to an unreasonable degree, does not
device requirement is not an expensive render the same illegal or immoral where, as
in the instant case, the challenged Letter of taken, may be the basis for declaring a Otherwise, the charge of complete
Instruction No. 229 and implementing order statute invalid. This is as it ought to be. The abdication may be hard to repel A standard
disclose none of the constitutional defects principle of separation of powers has in the thus defines legislative policy, marks its maps
alleged against it.32 main wisely allocated the respective out its boundaries and specifies the public
authority of each department and confined agency to apply it. It indicates the
7 It does appear clearly that petitioner's its jurisdiction to such a sphere. There would circumstances under which the legislative
objection to this Letter of Instruction is not then be intrusion not allowable under the command is to be effected. It is the criterion
premised on lack of power, the justification Constitution if on a matter left to the by which legislative purpose may be carried
for a finding of unconstitutionality, but on the discretion of a coordinate branch, the out. Thereafter, the executive or
pessimistic, not to say negative, view he judiciary would substitute its own. If there be administrative office designated may in
entertains as to its wisdom. That approach, it adherence to the rule of law, as there ought pursuance of the above guidelines
put it at its mildest, is distinguished, if that is the to be, the last offender should be courts of promulgate supplemental rules and
appropriate word, by its unorthodoxy. It bears justice, to which rightly litigants submit their regulations. The standard may be either
repeating "that this Court, in the language of controversy precisely to maintain unimpaired express or implied. If the former, the non-
Justice Laurel, 'does not pass upon questions the supremacy of legal norms and delegation objection is easily met. The
of wisdom justice or expediency of prescriptions. The attack on the validity of the standard though does not have to be spelled
legislation.' As expressed by Justice Tuason: 'It challenged provision likewise insofar as there out specifically. It could be implied from the
is not the province of the courts to supervise may be objections, even if valid and cogent policy and purpose of the act considered as
legislation and keep it within the bounds of on is wisdom cannot be sustained. 33 a whole. In the Reflector Law clearly, the
propriety and common sense. That is primarily legislative objective is public safety. What is
and exclusively a legislative concern.' There 8. The alleged infringement of the sought to be attained as in Calalang v.
can be no possible objection then to the fundamental principle of non-delegation of Williams is "safe transit upon the roads.' This is
observation of Justice Montemayor. 'As long legislative power is equally without any to adhere to the recognition given expression
as laws do not violate any Constitutional support well-settled legal doctrines. Had by Justice Laurel in a decision announced not
provision, the Courts merely interpret and petitioner taken the trouble to acquaint too long after the Constitution came into
apply them regardless of whether or not they himself with authoritative pronouncements force and effect that the principle of non-
are wise or salutary. For they, according to from this Tribunal, he would not have the delegation "has been made to adapt itself to
Justice Labrador, 'are not supposed to temerity to make such an assertion. An the complexities of modern governments,
override legitimate policy and * * * never exempt from the forecited decision of Edu v. giving rise to the adoption, within certain
inquire into the wisdom of the law.' It is thus Ericta sheds light on the matter: "To avoid the limits, of the principle of "subordinate
settled, to paraphrase Chief Justice taint of unlawful delegation, there must be a legislation" not only in the United States and
Concepcion in Gonzales v. Commission on standard, which implies at the very least that England but in practically all modern
Elections, that only congressional power or the legislature itself determines matters of governments.' He continued: 'Accordingly,
competence, not the wisdom of the action principle and lays down fundamental policy. with the growing complexity of modern life,
the multiplication of the subjects of * * *." 36 The 1968 Vienna Convention on Road Makasiar, J, reserves the right to file a
governmental regulation, and the increased Signs and Signals is impressed with such a separate opinion.
difficulty of administering the laws, there is a character. It is not for this country to Aquino J., took no part.
constantly growing tendency toward the repudiate a commitment to which it had Concepcion J., is on leave.
delegation of greater powers by the pledged its word. The concept of Pacta sunt Castro, C.J., certifies that Justice Concepcion
legislature and toward the approval of the servanda stands in the way of such an concurs in their decision.
practice by the courts.' Consistency with the attitude, which is, moreover, at war with the
conceptual approach requires the reminder principle of international morality.
that what is delegated is authority non- August 15, 1961
legislative in character, the completeness of 10. That is about all that needs be said. The IN RE: PETITION OF ARTURO EFREN GARCIA for
the statute when it leaves the hands of rather court reference to equal protection admission to the Philippine Bar without taking
Congress being assumed." 34 did not even elicit any attempt on the Part of the examination. ARTURO EFREN
Petitioner to substantiate in a manner clear, GARCIA, petitioner.
9. The conclusion reached by this Court that positive, and categorical why such a casual RESOLUTION
this petition must be dismissed is reinforced by observation should be taken seriously. In no BARRERA, J.:
this consideration. The petition itself quoted case is there a more appropriate occasion for
these two whereas clauses of the assailed insistence on what was referred to as "the Arturo E. Garcia has applied for admission to
Letter of Instruction: "[Whereas], the hazards general rule" in Santiago v. Far Eastern the practice of law in the Philippines without
posed by such obstructions to traffic have Broadcasting Co., 37 namely, "that the submitting to the required bar examinations.
been recognized by international bodies constitutionality of a law wig not be
concerned with traffic safety, the 1968 considered unless the point is specially In his verified petition, he avers, among
Vienna Convention on Road Signs and pleaded, insisted upon, and adequately others, that he is a Filipino citizen born in
Signals and the United Nations Organization argued." 38 "Equal protection" is not a Bacolod City, Province of Negros Occidental,
(U.N.); [Whereas], the said Vionna talismanic formula at the mere invocation of of Filipino parentage; that he had taken and
Convention, which was ratified by the which a party to a lawsuit can rightfully finished in Spain, the course of "Bachillerato
Philippine Government under P.D. No. 207, expect that success will crown his efforts. The Superior"; that he was approved, selected
recommended the enactment of local law is anything but that. and qualified by the "Instituto de Cervantes"
legislation for the installation of road safety WHEREFORE, this petition is dismissed. The for admission to the Central University of
signs and devices; * * * " 35 It cannot be restraining order is lifted. This decision is Madrid where he studied and finished the law
disputed then that this Declaration of immediately executory. No costs. course graduating there as "Licenciado En
Principle found in the Constitution possesses Castro, C.J., Barredo, Antonio, Santos, Derecho"; that thereafter he was allowed to
relevance: "The Philippines * * * adopts the Fernandez, Guerrero, Abad Santos, De practice the law profession in Spain; and that
generally accepted principles of Castro and Melencio-Herrera, concur. under the provision of the Treaty of Academic
international law as part of the law of the land Degrees and the Exercise of Professions
between the Republic of the Philippines and (2) Article I of the Treaty, in its pertinent part, upon the constitutional prerogative of the
the Spanish state, he is entitled to practice provides: Supreme Court to promulgate rules for
the law profession in the Philippines without admission to the practice of law in the
submitting to the required bar examinations. The nationals of both countries who Philippines, the lower to repeal, alter or
shall have obtained degree or supplement such rules being reserved only to
After due consideration, the Court resolved diplomas to practice the liberal the Congress of the Philippines. (See Sec. 13,
to deny the petition on the following grounds: professions in either of the Contracting Art VIII, Phil. Constitution).
States, issued by competent national Bengzon, C.J., Padilla, Labrador, Reyes, J.B.L.,
(1) the provisions of the Treaty on Academic authorities, shall be deemed Paredes, Dizon, De Leon and Natividad,
Degrees and the Exercise of Professions competent to exercise said professions JJ., concur.
between the Republic of the Philippines and in the territory of the Other, subject to Bautista Angelo, J., on leave, took no part.
the Spanish State cannot be invoked by the laws and regulations of the latter. . Concepcion, J., took no part.
applicant. Under Article 11 thereof; . ...
The Nationals of each of the two It is clear, therefore, that the privileges G.R. No. L-45892 July 13, 1938
countries who shall have obtained provided in the Treaty invoked by the THE PEOPLE OF THE PHILIPPINES, plaintiff-
recognition of the validity of their applicant are made expressly subject to the appellee,
academic degrees by virtue of the laws and regulations of the contracting State vs.
stipulations of this Treaty, can practice in whose territory it is desired to exercise the TRANQUILINO LAGMAN, defendant-
their professions within the territory of legal profession; and Section 1 of Rule 127, in appellant.
the Other, . . .. (Emphasis supplied). connection with Sections 2,9, and 16 thereof, -----------------------------
which have the force of law, require that G.R. No. L-45893 July 13, 1938
from which it could clearly be discerned that before anyone can practice the legal THE PEOPLE OF THE PHILIPPINES, plaintiff-
said Treaty was intended to govern Filipino profession in the Philippine he must first appellee,
citizens desiring to practice their profession in successfully pass the required bar vs.
Spain, and the citizens of Spain desiring to examinations; and PRIMITIVO DE SOSA, defendant-appellant.
practice their professions in the Philippines. Severino P. Izon for appellants.
Applicant is a Filipino citizen desiring to (3) The aforementioned Treaty, concluded Office of the Solicitor-General Tuason for
practice the legal profession in the between the Republic of the Philippines and appellee.
Philippines. He is therefore subject to the laws the Spanish State could not have been AVANCEÑA, J.:
of his own country and is not entitled to the intended to modify the laws and regulations
privileges extended to Spanish nationals governing admission to the practice of law in In these two cases (G.R. Nos. L-45892 and
desiring to practice in the Philippines. the Philippines, for the reason that the 45893), the appellants Tranquilino and
Executive Department may not encroach Primitivo de Sosa are charged with a violation
of section 60 of Commonwealth Act No. 1,
known as the National Defense Law. It is Constitution of the Philippines provides as 385), it was said that, without violating the
alleged that these two appellants, being follows: Constitution, a person may be compelled by
Filipinos and having reached the age of SEC. 2. The defense of the state is a force, if need be, against his will, against his
twenty years in 1936, willfully and unlawfully prime duty of government, and in the pecuniary interests, and even against his
refused to register in the military service fulfillment of this duty all citizens may religious or political convictions, to take his
between the 1st and 7th of April of said year, be required by law to render personal place in the ranks of the army of his country,
notwithstanding the fact that they had been military or civil service. and risk the chance of being shot down in its
required to do so. The evidence shows that defense. In the case of United States vs. Olson
these two appellants were duly notified by The National Defense Law, in so far as it (253 Fed., 233), it was also said that this is not
the corresponding authorities to appear establishes compulsory military service, does deprivation of property without due process
before the Acceptance Board in order to not go against this constitutional provision but of law, because, in its just sense, there is no
register for military service in accordance with is, on the contrary, in faithful compliance right of property to an office or employment.
law, and that the said appellants, in spite of therewith. The duty of the Government to The circumstance that these decisions refer
these notices, had not registered up to the defend the State cannot be performed to laws enacted by reason on the actual
date of the filing of the information. except through an army. To leave the existence of war does not make our case any
organization of an army to the will of the different, inasmuch as, in the last analysis,
The appellants do not deny these facts, but citizens would be to make this duty of the what justifies compulsory military service is
they allege in defense that they have not Government excusable should there be no the defense of the State, whether actual or
registered in the military service because sufficient men who volunteer to enlist therein. whether in preparation to make it more
Primitivo de Sosa is fatherless and has a effective, in case of need. The circumstance
mother and a brother eight years old to In the United States the courts have held in a that the appellants have dependent families
support, and Tranquilino Lagman also has a series of decisions that the compulsory military to support does not excuse them from their
father to support, has no military learnings, service adopted by reason of the civil war duty to present themselves before the
and does not wish to kill or be killed. and the world war does not violate the Acceptance Board because, if such
Constitution, because the power to establish circumstance exists, they can ask for
Each of these appellants was sentenced by it is derived from that granted to Congress to determent in complying with their duty and,
the Court of First Instance to one month and declare war and to organize and maintain an at all events, they can obtain the proper
one day of imprisonment, with the costs. army. This is so because the right of the pecuniary allowance to attend to these
Government to require compulsory military family responsibilities (secs. 65 and 69 of
In this instance, the validity of the National service is a consequence of its duty to defend Commonwealth Act No. 1).
Defense Law, under which the accused were the State and is reciprocal with its duty to
sentenced, is impugned on the ground that it defend the life, liberty, and property of the The appealed judgment rendered in these
is unconstitutional. Section 2, Article II of the citizen. In the case of Jacobson vs. two cases is affirmed, with the costs to the
Massachusetts (197 U.S., 11; 25 Sup. Ct. Rep., appellants. So ordered.
Villa-Real, Imperial, Diaz, Laurel and were not duly recorded, respondent Judge proceedings in the Municipal Court were not
Concepcion, JJ., concur. ordered the prosecution to present anew its recorded, said proceedings were in fact
evidence in a trial de novo. On December 2, recorded in typewritten form, the same
1974, private respondents were arraigned having been transmitted to respondent Court
G.R. No. L-41672 March 30, 1977 before respondent Court. The prosecution together with the records of the case.
THE PEOPLE OF THE PHILIPPINES, Petitioner, commenced the presentation of its evidence
vs. THE HONORABLE SEGUNDO M. ZOSA, on January 10, 1975. and rested its case on On the other hand, respondents aver that the
Judge of the Court of First Instance of Samar, April 17, 1975. On April 25, 1975 the defense proceedings in the Municipal Court of
JUSTINA SALAZAR LAPIDARIO TOMAS filed a motion to dismiss on the ground that Daram, Samar were not duly recorded
MACASIL, SR., and SANTOS MACASIL, the prosecution had failed to prove the because the typewritten notes transmitted by
SR., Respondents. element of violence, which is an it to respondent Court were neither certified
Tomas Cobriros Assistant Provincial Fiscal and indispensable element of the crime of grave nor signed by the stenographer who
Antonio F Mendiola, private prosecutor for coercion. The prosecution filed an opposition purportedly took notes of the proceedings,
petitioner.chanrobles virtual law library to the motion to dismiss on May 5, 1975. On and that the prosecution did not object to
Antonio M. Bolastig for private respondents, June 5, 1975, respondent Court issued the the exercise of the court's jurisdiction, but
ANTONIO, J: Order subject matter of this petition, instead presented its evidence and
dismissing the case for insufficiency of submitted it to the judgment of said court. It
Certiorari to annul the Order of respondent evidence. A motion for reconsideration of the was only after the case was dismissed that it
Judge of the Court of First Instance of Samar, aforementioned Order was filed by the raised for the first time the question of
reversing the judgment of conviction prosecution on the ground that respondent jurisdiction.
rendered by the Municipal Court of Daram, Court had no jurisdiction to review or try the
Samar in Criminal Case No. 3093. The petition appealed case, but the same was denied on It will be noted that petitioner, thru the
is premised upon the following facts: August 20, 1975. prosecution, failed to seasonably object to
the findings of the respondent Judge that the
On September 22, 1974, Justina Salazar Petitioner contends that: (1) the appeal from proceedings in the inferior court had not
Lapidario. Tomas Macasil, Sr. and Santos the judgment of the Municipal Court of been duly recorded and, therefore, a trial de
Macasil, Sr., private respondents, were Daram, Samar, lies directly with the Court of novo had to be conducted. Instead of
convicted of the crime of grave coercion by Appeals, the crime of grave coercion being interposing an objection to this course of
the Municipal Court of Daram, Samar. The within the concurrent jurisdiction of said action, the prosecution went through the
judgment of conviction was appealed to the Municipal Court and the Court of First process of trial, thereby indicating their
Court of First Instance of Samar, Branch I, Instance; hence, the latter had no jurisdiction conformity with such findings of the
presided over by the Honorable Segundo M. over the appeal and (2) respondent Court respondent Court. It was only after the Order
Zosa, and the appeal was docketed as should not have tried the case de novo dismissing the case against private
Criminal Case No. 878, Upon a finding that because use, contrary to its finding that the respondents had been issued that, in a
the proceedings before the Municipal Court
motion for 'reconsideration, the prosecution amendments. Thus, Section 87 of the enactment must, therefore, be deemed as
came up with the assertion that the Judiciary Act, as amended by Republic Act another exception to the original rule
proceedings in the inferior court had been No. 2613 on August 1, 1959, specifically contained in Section 41 of Republic Act No.
duly recorded. This being the case, petitioner provided that all cases falling within the 296 (Judiciary Act) - that the Courts of First
can no longer ventilate before this Court the concurrent jurisdiction of "justices of the Instance shall have appellate jurisdiction over
issue of whether or not there was proper peace of provincial capitals" and "judges of all cases arising in city and municipal courts.
recording in the inferior court, particularly as municipal courts" with the Courts of First This construction is in harmony with the
the same is a question of fact which We are Instance shall be "tried and decided on the statutory purpose of expediting the
not in a position to resolve. Parties must take merits by the respective justices of the peace termination of cases by limiting the number of
the consequences of the position they and municipal judges. Proceedings had shall appeals from the decisions of municipal
assume. 1 A party who has taken one be recorded and decisions therein shall courts. Thus, cages falling under the exclusive
position, by which he has benefited at the be appealable directly to the Court of original jurisdiction of the municipal and city
expense of the other is estopped from Appeals or the Supreme Court, as the case courts are appealed to the Courts of First
repudiating that and taking another may be." On June 22, 1963, pursuant to Instance, and the decision of the latter shall
inconsistent position to the prejudice of the Republic Act No. 3828, justices of the peace be final, provided that the findings of fact
other. 2 Besides, the finding of respondent and justice of the peace court were contained in said decision are supported by
Court, in its Order on December 2, 1974, that converted into municipal judges and substantial evidence as basis thereof, and the
the proceedings were not recorded in municipal courts and were granted authority conclusions are not clearly against the law
accordance with law appears to be to appoint their clerk-stenographers. On and jurisprudence. Upon the other hand, in
supported by the record. August 4, 1969, Republic Act No 6031 took cases falling under the concurrent
effect, this law converted municipal and city jurisdictions of municipal and city courts with
There is no question that the crime of grave courts into courts of record and made final the Courts of First Instance, the appeal shall
coercion, which is punishable by arresto the decision of Courts of First Instance in be made directly to the Court of Appeals
mayor or a fine of not exceeding P500.00, fails appealed cases failing under the exclusive whose decision, except on questions of law,
within the concurrent jurisdiction of the original jurisdiction of municipal and city shall be final. This is evident from the
municipal and city courts with the Courts of courts, except on questions of law. Under the discussion of Senate Bill No. 659, which is now
First Instant 3It must be noted that while under last paragraph of Section 45 of the Judiciary Republic Act No. 6031. 4
the original Section 45 of the Judiciary Act of Act as amended by Republic Act No. 6031, it
June 17, 1948, the Court of First Instance has was specifically provided that in "cases falling In order that it could be appealed directly to
"appellate jurisdiction over all cases arising in under the concurrent jurisdictions of the the Court of appeals, the proceedings should
municipal and justice of the peace courts in municipal and city courts with the Courts of be recorded. In the absence of a full and
their respective provinces", this conferment of First Instance, the appeal shall be made complete records of the proceedings, the
general appellate jurisdiction was directly to the Court of Appeals whose trial of the case by the Municipal Court of
subsequently modified by latter decision shall be final." This subsequent
Daram was not conducted in accordance courts or of the municipal courts of provincial Fernando (Chairman), Barredo and
with law. capitals in the exercise of this jurisdiction are Concepcion Jr., JJ., concur.chanrobl
similar of the Court of First Instance, and their
In the light of Our ruling in Aquino v. decisions cannot be appealed to the Court
Estenzo, 5 the proceedings taken before the of Appeals or to the Supreme Court, as the
Municipal Court of Daram, Samar under the case may be, if there are no records of their
circumstances should, therefore, be proceedings. When a city court, or the
considered null and void. In Aquino, We said: municipal court of provincial capitals, does
We hold that the proceedings in the City not record its proceedings in the trial of a
Court of Ormoc City in Criminal Case No. case in the exercise of its jurisdiction under
5640 was a nullity, not because the City Court Sec. 87(c) of Republic Act 296, as amended,
had no jurisdiction to try the case but then it does not exercise its jurisdiction in
because the requirement of the law the accordance with law and, therefore, the
proceedings be recorded was not complied proceedings had before it are null and void.
with. When it was provided in Sec. 87 (c) of (At pp. 23-24).
Rep. Act 296, as amended by Rep. Act 2613,
that the city courts of chartered cities have Notwithstanding that the court involved in
like jurisdiction as the court of First Instance to the Aquino case is a city court and not a
try parties charged with an offense in which municipal court, We find no cogent reason
the Penalty provided by law does not why the principles enunciated in said case
exceed prision correccional or imprisonment could not be applicable to the case at bar.
for not more than six years or fine not
exceeding P3,000.00 or both, the city court Rather than return the case to the Daram
thereby acts as a Court of First Instance and Court for a new hearing which would unduly
its decisions are appealable directly to the delay the matter, it was within the
Court of Appeals or to the Supreme Court, as competence of the Court of First Instance of
the case may be. When the city Court tries Samar to take cognizance of the case in the
cases of this nature and it acts as a Court of exercise of its original jurisdiction and decide
First Instance, it must perforce act as a court the case on the merits.
of record. The very law itself provides that in
the exercise of this jurisdiction by the WHEREFORE, the petition for certiorari is
municipal courts of provincial capitals said by hereby DISMISSED, without pronouncement
city courts the proceedings must be as to costs.
recorded, Certainly, the decisions of the city