STATUTORY CONSTRUCTION b. Lopez v. De los Reyes 55 Phil. 186, 188, G.R. No. 6. ID.; ID.; ID.; ID.

G.R. No. 6. ID.; ID.; ID.; ID. — Imprisonment for a term not
DOCTRINES & JURISPRUDENCE 34361, November 5, 1930 exceeding the session of the deliberative body in which the
contempt occurred is the limit of the authority to deal
CHAPTER I 1. CONSTITUTIONAL LAW; HOUSE OF directly by way of contempt, without criminal prosecution.
INTRODUCTION TO THE CONSTITUTION AND REPRESENTATIVES, PHILIPPINE LEGISLATURE;
CONSTITUTIONAL CONSTRUCTION LEGISLATIVE POWER IN THE PHILIPPINES TO 7. ID.; ID.; ID.; ID. — One, L, assaulted Representative D
PUNISH NON-MEMBERS FOR CONTEMPT; "HABEAS on October 23, 1929. The House of Representatives of
I. CONSTITUTION, DEFINITION AND CORPUS." — Where no traverse to the return to the writ of which Representative D was a member then adopted a
CHARACTERISTICS habeas corpus was interposed, and where no exception to resolution on November 6, 1929, requiring the Speaker to
the denial of the application for permission to offer order the arrest of L to be confined in Bilibid Prison for
a. Manila Prince Hotel v. GSIS, G.R. No. 122156, evidence was made in the court below, no question of fact twenty-four hours. The House adjourned that session, the
February 3, 1997, 267 SCRA 408 is involved. Under such conditions, a strictly question of second, at midnight on November 8, 1929, without the
law, in other words of jurisdiction, is presented for order of arrest having been served on L. A confirmatory
determination on habeas corpus. resolution was approved by the House on September 16,
A constitution is a system of fundamental laws for the
1930, during the third session of the Philippine Legislature.
governance and administration of a nation. It is supreme,
imperious, absolute and unalterable except by the authority 2. ID.; ID.; ID.; ID. — Where the liberty of the citizen is Shortly thereafter, a new warrant of arrest was issued by the
concerned the legality of the action taken by the legislative Speaker of the House of Representatives, and L was taken
from which it emanates. It has been defined as the
body in punishing for contempt is a proper subject for into custody by a constabulary officer. The trial judge
fundamental and paramount law of the nation. It prescribes
inquiry on habeas corpus. dismissed the petition for habeas corpus and remanded the
the permanent framework of a system of government,
petitioner to the custody of the respondent for compliance
assigns to the different departments their respective powers
3. ID.; ID.; ID.; ID. — The experience of Great Britain and with the order of the House of Representatives. Held: Error
and duties, and establishes certain fixed principles on which
the United States described and the cases on the subject is refusing to grant the writ of habeas corpus, and L ordered
government is founded. The fundamental conception in
reviewed. The legislative power to punish for contempt discharged from custody.
other words is that it is a supreme law to which all other
laws must conform and in accordance with which all arises by implication, is justified only by the right of self-
private rights must be determined and all public authority preservation, and is the least possible power adequate to the Per JOHNSON, J., dissenting:
administered. end proposed. 8. LEGISLATIVE BODIES; POWER TO PUNISH FOR
CONTEMPT; "HABEAS CORPUS." — The power of
4. ID.; ID.; ID.; ID. — The Philippine Legislature could not legislative bodies to punish for contempt is inherent and a
Under the doctrine of constitutional supremacy, if a law or
divest itself, or either of its House, of the essential and necessary power for their protection, orderly deliberation
contract violates any norm of the constitution that law or
inherent power to punish for contempt, in cases to which and perpetuation. The power of the Legislature of the
contract whether promulgated by the legislative or by the
the power of either House properly extended. Philippine Islands to punish for contempt is inherent and
executive branch or entered into by private persons for
needs no statutory or constitutional authority for that
private purposes is null and void and without any force and
5. ID.; ID.; ID.; ID. — A limited power to punish non- purpose. An order punishing for contempt, issued by a
effect. Thus, since the Constitution is the fundamental,
members for contempt resides in the House of particular legislative entity, continues to have full force and
paramount and supreme law of the nation, it is deemed
Representatives of the Philippine Legislature. effect until final adjournment — until that particular
written in every statute and contract.
legislative entity passes out of existence.

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 ID.; PROVISIONAL CONSTITUTION; TENURE OF a. Gold Creek Mining Corp. v. Rodriguez, 66 Phil. 259,
c. Alfredo M. de Leon v. Hon. Benjamin B. Esguerra, GOVERNMENT FUNCTIONARIES; ONE YEAR G.R. No. 45859, September 28, 1938
G.R. No. 78059, August 31, 1987 PERIOD WITHIN WHICH TO DESIGNATE
SUCCESSOR SHORTENED BY THE RATIFICATION 1. CONSTITUTIONAL LAW; CONSTITUTION OF THE
POLITICAL LAW; 1987 CONSTITUTION; DATE OF AND EFFECTIVITY ON FEBRUARY 2, 1987 OF THE PHILIPPINES; ALIENATION OF NATURAL
RATIFICATION; RETROACTS ON THE DAY OF THE CONSTITUTION. — The Court next holds as a RESOURCES; MINERAL LANDS. — The fundamental
PLEBISCITE. — The main issue resolved in the judgment consequence of its declaration at bar that the Constitution principle of constitutional construction is to give effect to
at bar is whether the 1987 Constitution took effect on took effect on the date of its ratification in the plebiscite the intent of the framers of the organic law and of the
February 2, 1987, the date that the plebiscite for its held on February 2, 1987, that: (1) the Provisional people adopting it. The intention to which force is to be
ratification was held or whether it took effect on February Constitution promulgated on March 25, 1986 must be given is that which is embodied and expressed in the
11, 1987, the date its ratification was proclaimed per deemed to have been superseded by the 1987 Constitution constitutional provisions themselves. It is clear that section
Proclamation No. 58 of the President of the Philippines, on the same date February 2, 1987 and (2) by and after said 1 of Article XII of the Constitution of the Philippines
Corazon C. Aquino. The thrust of the dissent is that the date, February 2, 1987, absent any saying clause to the prohibits the alienation of natural resources, with the
Constitution should be deemed to "take effect on the date contrary in the Transitory Article of the Constitution, exception of public agricultural land. It seems likewise
its ratification shall have been ascertained and not at the respondent OIC Governor could no longer exercise the clear that the term "natural resources", as used therein,
time the people cast their votes to approve or reject it." This power to replace petitioners in their positions as Barangay includes mineral lands of the public domain, but not
view was actually proposed at the Constitutional Captain and Councilmen. Hence, the attempted mineral lands which at the time the provision took effect no
Commission deliberations, but was withdrawn by its replacement of petitioners by respondent OIC Governor's longer formed part of the public domain. The reason for
proponent in the face of the "overwhelming" contrary view designation on February 8, 1987 of their successors could this conclusion is found in the terms of the provision itself.
that the Constitution "will be effective on the very day of no longer produce any legal force and effect. While the This prohibition is directed against the alienation of such
the plebiscite." The record of the proceedings and debates Provisional Constitution provided for a one-year period natural resources as were declared to be the property of the
of the Constitutional Commission fully supports the Court's expiring on March 25, 1987 within which the power of State. And as only "agricultural, timber, and mineral lands
judgment. It shows that the clear, unequivocal and express replacement could be exercised, this period was shortened of the public domain" were declared property of the State,
intent of the Constitutional Commission in unanimously by the ratification and effectivity on February 2, 1987 of it is fair to conclude that mineral lands which at the time
approving (by thirty-five votes in favor and none against) the Constitution. Had the intention of the framers of the the constitutional provision took effect no longer formed
the aforequoted Section 27 of Transitory Article XVIII of Constitution been otherwise, they would have so provided part of the public domain, do not come within the
the 1987 Constitution was that "the act of ratification is the for in the Transitory Article, as indeed they provided for prohibition.
act of voting by the people. So that is the date of the multifarious transitory provisions in twenty six sections of
ratification" and that "the canvass thereafter [of the votes] Article XVIII, e.g. extension of the six-year term of the 2. ID.; ID.; ID.; ID.; PRESUMPTION. — A constitutional
is merely the mathematical confirmation of what was done incumbent President and Vice-President to noon of June 30, provision must be presumed to have been framed and
during the date of the plebiscite and the proclamation of the 1992 for purposes of synchronization of elections, the adopted in the light and understanding of prior and existing
President is merely the official confirmatory declaration of continued exercise of legislative powers by the incumbent laws and with reference to them. "Courts are bound to
an act which was actually done by the Filipino people in President until the convening of the first Congress, etc. presume that the people adopting a constitution are familiar
adopting the Constitution when they cast their votes on the with the previous and existing laws upon the subjects to
date of the plebiscite." II. GENERAL PRINCIPLES OF CONSTITUTIONAL which its provisions relate, and upon which they express
CONSTRUCTION their judgment and opinion in its adoption." (Barry vs.
Truax, 13 N. D., 131; 99 N. W., 769; 65 L. R. A., 762.)
Page | 2
3. ID.; ID.; ID.; ID. — The location of the mining claim contained in section 1 of Article XII of the Constitution and instrument. Sections bearing on a particular subject should
under consideration was perfected prior to November 15, in Commonwealth Act No. 137. be considered and interpreted together as to effectuate the
1935, when the Government of the Commonwealth was whole purpose of the Constitution and one section is not to
inaugurated; and according to the laws existing at that time, b. Francisco v. House of Representatives, G.R. No. be allowed to defeat another, if by any reasonable
as construed and applied by this court in McDaniel vs. 160261, November 10, 2003 construction, the two can be made to stand together. In
Apacible and Cuisia (42 Phil., 749), a valid location of a other words, the court must harmonize them, if practicable,
mining claim segregated the area from the public domain. The three well-settled principles of constitutional and must lean in favor of a construction which will render
construction are as follows: every word operative, rather than one which may make the
4. ID.; ID.; ID. — The legal effect of a valid location of a words idle and nugatory.
mining claim is not only to segregate the area from the First, verba legis, that is, wherever possible, the words used
public domain, but to grant to the locator the beneficial in the Constitution must be given their ordinary meaning c. Sarmiento v. Mison, 156 SCRA 549 (1987)
ownership of the claim and the right to a patent therefor except where technical terms are employed.
upon compliance with the terms and conditions prescribed The task of the Court is rendered lighter by the existence of
by law. "Where there is a valid location of a mining claim, Second, where there is ambiguity, ratio legis est anima. The relatively clear provisions in the Constitution because the
the area becomes segregated from the public domain and words of the Constitution should be interpreted in fundamental principle of constitutional construction is to
the property of the locator." (St. Louis Mining & Milling accordance with the intent of its framers. A foolproof give effect to the intent of the framers of the organic law
Co. vs. Montana Mining Co., 171 U. S., 650, 655; 43 Law. yardstick in constitutional construction is the intention and of the people adopting it. The intention to which force
ed., 320, 322.) underlying the provision under consideration. Thus, it has is to be given is that which is embodied and expressed in
been held that the Court in construing a Constitution should the constitutional provisions themselves. The Court will
5. ID.; ID.; ID. — As the mining claim under consideration bear in mind the object sought to be accomplished by its thus construe the applicable constitutional provisions, not
no longer formed part of the public domain when the adoption, and the evils, if any, sought to be prevented or in accordance with how the executive or the legislative
provisions of Article XII of the Constitution became remedied. A doubtful provision will be examined in the department may want them construed, but in accordance
effective, it does not come within the prohibition against light of the history of the times, and the condition and with what they say and provide. The 1987 Constitution, as
the alienation of natural resources and the petitioner has the circumstances under which the Constitution was framed. already pointed out, the clear and expressed intent of its
right to a patent therefor upon compliance with the terms The object is to ascertain the reason which induced the framers was to exclude presidential appointments from
and conditions prescribed by law. framers of the Constitution to enact the particular provision confirmation by the Commission on Appointments, except
and the purpose sought to be accomplished thereby, in appointments to offices expressly mentioned in the first
6. ID.; ID.; ID.; MANDAMUS. — Considering that the order to construe the whole as to make the words consonant sentence of Sec. 16, Article VII.
refusal of the respondents to act on the application for a to that reason and calculated to effect that purpose.
patent on its merits was due to their misinterpretation of a III. AIDS TO CONSTRUCTION
certain constitutional and statutory provisions, following Third, ut magis valeat quam pereat. The Constitution is to
the precedent established by the Supreme Court of the be interpreted as a whole. It is a well-established rule in a. Aquino v. COMELEC, G.R. No. 40004, January 31,
United States in Wilbur vs. United States ex rel Krushnic constitutional construction that no one provision of the 1975, 62 SCRA 275 (1975)
(280 U. S., 306; 74 Law. ed., 445), a writ of mandamus Constitution is to be separated from all the others, to be
should issue directing the respondents to dispose of the considered alone, but that all the provisions bearing upon a In an original petition for prohibition, petitioners seek to
application for patent on its merits, unaffected by the particular subject are to be brought into view and to be so nullify Presidential Decrees Nos. 1366, 1366-A, calling for
prohibition against the alienation of natural resources interpreted as to effectuate the great purposes of the a referendum on February 27, 1975, Presidential Decrees
Page | 3
Nos. 629 and 630 appropriating funds therefor, and legality of the appointment or election of a public officer in the Presidential elections of 1969 (Osmeña vs. Marcos,
Presidential Decrees Nos. 637 and 637-A specifying the cannot be questioned collaterally through a petition for Presidential Election Contest No. 3, Jan. 8, 1973).
referendum question, as well as other related presidential prohibition assailing the validity of his official acts.
decrees, orders and instructions. Petitioners contend that 7. ID.; ID.; ID.; RIGHT TO CONTINUE IN OFFICE
President Ferdinand E. Marcos does not hold any legal 4. ID.; 1973 CONSTITUTIONAL OF THE PHILIPPINES; AFTER EXPIRATION OF THEM. — While the term of
office nor possess any lawful authority under either the EFFECTIVITY UPHELD. — The Supreme Court had office of President Ferdinand E. Marcos under the 1935
1935 or the 1973 Constitution and therefore has no already ruled in the Ratification Cases "that there is no Constitution should have terminated on December 30,
authority to issue the questioned proclamations, decrees further judicial obstacle to the new Constitution being 1973, by the general referendum of July 27-28, 1973, the
and orders. In addition, petitioners argue that due to the considered in force and effect. As stressed in the Habeas sovereign people expressly authorized him to continue in
climate of fear generated by Martial Law there can be no Corpus cases, the issue of its effectivity "has been laid to office even beyond 1973 under the 1973 Constitution, and
true expression of the people's will and that the period for rest by Our decision in Javellana vs. Executive Secretary as this was the decision of the people, in whom
free debate is too short. The Supreme Court ruled that (36142, March 31, 1973, 50 SCRA 30, 141), and of course "sovereignty reside . . . and all government authority
President Ferdinand E. Marcos is the de jure President of by the existing political realities both in the conduct of emanates . . .," it is therefore beyond the scope of judicial
the Republic of the Philippines and that the questioned national affairs and in our relations with other countries" inquiry (Aquino, Jr. vs. Enrile, et al., supra).
proclamations, decrees and orders are valid. (Aquino, Jr. vs. Enrile and 8 companion cases, L-35546, L-
35538-40, L-35547, L-35556, L-35571 and L-35573, Sept. 8. ID.; 1973 CONSTITUTION OF THE PHILIPPINES;
1. CONSTITUTIONAL LAW; PRESIDENT OF THE 17, 1974, 59 SCRA 183, 241). TRANSITORY PROVISIONS; PRESIDENT
PHILIPPINES; PETITION CHALLENGING TITLE OF FERDINAND E MARCOS IS THE "INCUMBENT
INCUMBENT PRESIDENT THERETO; QUO 5. ID.; MARTIAL LAW PROCLAMATION; VALIDITY PRESIDENT" REFERRED TO. — Since President
WARRANTO IN NATURE. — Where the petition for AFFIRMED. — The Supreme Court had affirmed the Ferdinand E. Marcos was the only incumbent President of
prohibition challenges the title of the incumbent President validity of Martial Law Proclamation No. 1081 because the Philippines at the time the new Constitution was
to the office of the Presidency, such petition is in the nature there was no arbitrariness in its issuance pursuant to the approved by the Constitutional Convention, the
of a quo warranto proceeding, the appropriate action by 1935 Constitution; that the factual bases had not Constitutional Convention had nobody in mind except him
which the title of a public officer can be questioned before disappeared but had even been exacerbated; that the who shall initially convene the interim. Assembly. (Sec. 3,
the courts. question of its validity has been foreclosed by Section 3(2) Art. XVII, Transitory Provisions). It was the incumbent
of Article XVII of the 1973 Constitution; and that "any President Marcos alone who issued Martial Law
2. ID.; ID.; ID.; ID.; PETITIONERS IN INSTANT CASE inquiry by this Court in the present cases into the Proclamation No. 1081, orders, decrees as well as
WITHOUT RIGHT TO FILE QUO WARRANTO SUIT. constitutional sufficiency of the factual bases for the instructions, and performed others acts as president prior to
— Only the Solicitor General or the person who asserts title proclamation of Martial Law, has become moot and the approval and ratification of the new Constitution.
to the same office can legally file a quo warranto petition. purposeless as a consequence of the general referendum of Consequently, he was the incumbent President which the
Since petitioners do not claim such right to the office and July 27-28, 1973" (Aquino, Jr. vs. Enrile, supra). Constitutional Convention had in had in mind when it
not one of them is the incumbent Solicitor General, they provided in Section 3(2), Article XVII. "that all the
have no personality to file the suit. 6. ID.; PRESIDENT OF THE PHILIPPINES; proclamations, orders, decrees, instructions and acts
INCUMBENT PRESIDENT DULY REELECTED promulgated, issued or done by the incumbent President
3. ID.; PUBLIC OFFICIALS; COLLATERAL ATTACK UNDER 1935 CONSTITUTION. — Under the 1935 shall be part of the law of the land, and shall remain valid,
ON APPOINTMENT OR ELECTION THEREOF NOT Constitution, President Ferdinand E. Marcos was duly legal, binding and effective even after lifting of Martial
ALLOWED. — It is established jurisprudence that the reelected by an overwhelming vote of the sovereign people Law or the ratification of this Constitution, unless
Page | 4
modified, revoked or superseded by subsequent challenged proclamations is analogous to the referenda of
proclamations, orders, decrees, instructions or other acts of 12. ID.; ID.; LAW-MAKING POWER DURING January, 1973 and July 27-28, 1973.
the incumbent President, or unless expressly and explicitly MARTIAL RULE. — As Commander-in-Chief and
modified or repealed by the regular National Assembly." enforcer or administrator of martial law, the incumbent 15. ID.; ID.; ID.; HISTORICAL PRECEDENTS. — The
The same is true with the term incumbent President of the President of the Philippines can promulgate proclamations, actions of the incumbent President are not without
Philippines employed in Section 9 thereof. orders and decrees during the period of Martial Law historical precedents. The American Federal Constitution,
essential to the security and preservation of the Republic, to unlike the 1935 or 1973 Constitution of the Philippines,
9. ID.; ID.; ID.; ID.; CONCLUSION BUTTRESSED BY the defense of the political and social liberties of the people does not confer expressly on the American President the
PROVISION OF INCUMBENT MEMBERS OF and to the institution of reforms to prevent the resurgence power to proclaim Martial Law or to suspend the writ of
JUDICIARY. — The foregoing conclusions is further of rebellion or insurrection or secession or the threat thereof habeas corpus. And yet President Abraham Lincoln during
buttressed by Section 10 of the same Article XVII which as well as to meet the impact of a worldwide recession, the Civil War, and President Roosevelt during the Second
provides that "the incumbent members of the Judiciary may inflation or economic crisis which presently threatens all World War, without express constitutional or statutory
continue in office until they reach the age of 70 years nations all nations including highly developed countries authority, created agencies and offices and appropriated
unless sooner replaced in accordance with the preceding (Rossiter, Constitutional Dictatorship, 1948 Ed., pp. 7, 303; public funds therefor in connection with the prosecution of
section hereof." The phrase "incumbent members of the see also Chief Justice Stone's Concurring Opinion in the war. Nobody opposed the same. In the case of President
Judiciary" can only refer to those members of the Judiciary Duncan vs. Kahanamoku, 327 US 304). Roosevelt, the theater of war was not in the United States,
who were already Justices and Judges of the various courts but in the continents of Europe and America and in the Far
of the country at the time of the approval and ratification of 13. ID.; ID.; ID.; POWER AFFIRMED UNDER NEW East. In the Philippines, military engagements between the
the Constitution. CONSTITUTION. — The legality of the law-making government forces and the rebels and secessionists are
authority of the President during the period of Martial Law going on, emphasizing the immediacy of the peril to the
10. ID.; ID.; ID.; ID.; RIGHT TO CONTINUE is expressly affirmed under Section 3(2) of Article XVII of safety of the Republic itself. There is therefore greater
EXERCISING POWERS UNDER BOTH the new Constitution. This particular provision is not a reason to affirm this law-making authority of the incumbent
CONSTITUTION. — Because President Ferdinand E. grant of authority to legislate, but a recognition of such President during the period of Martial Law.
Marcos is the incumbent President referred to in Article power as already existing in favor of the incumbent
XVII of the transitory provisions of the 1973 Constitution, President during the period of Martial Law. 16. ID.; 1973 CONSTITUTION OF THE PHILIPPINES;
he can continue to exercise the powers and prerogatives INTERIM NATIONAL ASSEMBLY; EXISTENCE
under the 1935 Constitution and the powers vested in the 14. ID.; ID.; ID.; POWER TO MODIFY REVOKE OR DISTINGUISHED FROM ORGANIZATION. — There is
President and Prime Minister under the new Constitution SUPERSEDE NOT LIMITED TO PROCLAMATIONS distinction between the existence of the interim Assembly
until he convenes the interim National Assembly (Sec. 3(1), PRIOR TO RATIFICATION OF NEW CONSTITUTION. and its organization as well as its functioning. The interim
Article XVII, 1973 Constitution). — The power of the President under he second clause of Assembly already existed from the time the new
Section 3(2) to modify, revoke or supersede is not limited Constitution was ratified; because Section 1 of Article
11. ID.; PRESIDENT OF THE PHILIPPINES; POWER merely to his proclamations, orders, decrees, instructions or XVII states that "there shall be an interim National
TO PROCLAIM MARTIAL LAW. — Under the 1935 other acts promulgated, issued or done prior to the Assembly which shall exist immediately upon the
Constitution, the President is empowered to proclaim ratification of the 1973 Constitution. But even if the scope ratification of this Constitution and shall continue until the
Martial Law. Under the 1973 Constitution, it is the Prime of his legislative authority thereunder is to be limited to the members of the regular National Assembly shall have been
Minister who is vested with such authority (Sec. 12, Art. subject matter of his previous proclamations, orders, elected and shall have assumed office . . . " However, it
IX, 1973 Constitution). decrees or instructions or acts, the subject matter of the cannot function until it is convened and thereafter duly
Page | 5
organized with the election of its interim speaker and other President who may still amend the proclamation to extend 2. ID.; ID.; ID.; ID.; DOUBT DISSIPATED BY
officials. Such distinction was clearly delineated in Mejia, the period of free discussion. AFFIRMATIVE VOTE OF PEOPLE IN REFERENDUM.
et al. vs. Balolong, et al. (81 Phil. 486). — If there is any doubt at all that the Transitory Provisions
21. ID.; ID.; ID.; COUNTERPART OF BRIEF PERIOD refers to President Marcos as the "incumbent President,"
17. ID.; ID.; ID.; CONVENING LEFT TO THE IN PREVIOUS PLEBISCITES. — At any rate, such a brief then such doubt should be considered as having been
DISCRETION OF INCUMBENT PRESIDENT. — The period of discussion has its counterpart in pervious completely dissipated by the resounding affirmative vote of
Constitutional Convention intended of the time when he plebiscites for constitutional amendments. Under the Old the people on this question propounded in general
shall initially convene the interim Assembly, consistent Society. 15 days were allotted for the publication in three referendum of July 27-28, 1973: "Under the '1973'
with the prevailing conditions of peace and order in the consecutive issues of the Official Gazette of the women's Constitution, the President, if he so desires, can continue in
country. suffrage amendment to the Constitution before the office beyond 1973. Do you want President Marcos to
scheduled plebiscite on April 30, 1937 (Com. Act No. 34). continue beyond 1973 and finish the reforms he initiated
18. ID.; ID.; ID.; DEFERMENT OF CONVOCATION The constitutional amendment to append as ordinance the under martial law?"
SUPPORTED BY SOVEREIGN PEOPLE. — The complicated Tydings-Kocialskowski Act of the US Federal
decision of President Marcos to defer the initial Congress to the 1935 Constitution was published in only 3. ID.; ID.; ID.; POWER OF INCUMBENT PRESIDENT
convocation of the interim National Assembly was three consecutive issues of the Official Gazette for 10 days TO LEGISLATE. — On the matter of whether President
supported by the sovereign people at the referendum in prior to the scheduled amendments providing for the Marcos, at the present time, can constitutionally exercise
January, 1973, when they voted to postponed the convening bicameral Congress, the reelection of the President and legislative power, it need not be postulated that he derives
of the interim National Assembly until after at least seven Vice-President, and the creation of the Commission on legislative power from the constraints of a regime of
(7) years from the approval of the new Constitution. Elections, 20 days of publication in three consecutive issues martial law. Pars. 1 and 2 of Sec. 3 of the Transitory
of the Official Gazette was fixed (Com. Act No. 317). And Provisions are unequivocal authority for President Marcos
19. ID.; REFERENDUM; MARTIAL LAW NOT AN the Parity Amendment, an involved constitutional to legislate. They constitute an unmistakable constitutional
OBSTACLE. — The objection that there can be no true amendment affecting the economy as well as the warrant for the "incumbent President" (meaning President
expression of the people's will in the referendum on independence of the Republic was publicized in three Marcos) to legislate (until, at the very earliest, the interim
February 27, 1975 due to the climate of fear generated by consecutive issues of the Official Gazette for 20 days prior National Assembly shall have been convoked.)
Martial Law is not tenable. During the senatorial elections to the plebiscite (Republic Act No. 73).
in 1951 and 1971, the privilege of the writ of habeas corpus 4. ID.; ID.; INTERIM NATIONAL ASSEMBLY;
was suspended, yet the election was so free that a majority CASTRO, J., concurring: CONVENING THEREOF BY INCUMBENT
of the senatorial candidates of the opposition party were 1. CONSTITUTIONAL LAW; 1973 CONSTITUTION OF PRESIDENT; A MATTER OUTSIDE THE
elected and there was no reprisal against or harassment of THE PHILIPPINES; TRANSITORY PROVISIONS; COMPETENCE OF THE SUPREME COURT. — The
any voter thereafter. The same third was true in the "INCUMBENT PRESIDENT" REFERS TO THE peripheral matter of whether President Marcos should now
referendum of July 27-28, 1973, which was done also PRESIDENT FERDINAND E. MARCOS. — The or soon convene the interim National Assembly is
through secret ballot. Transitory Provisions (Art. XVII) of the 1973 Constitution, completely outside the competence of the Supreme Court to
more specifically Secs. 2, 3, 9, and 12 thereof, even if they resolve, as it is a political question addressed principally,
20. ID.; ID.; BRIEF PERIOD FOR DEBATE do not mention Ferdinand E. Marcos, clearly point to and basically, and exclusively to the President and the Filipino
ADDRESSED TO PRESIDENT. — The objection that the recognize him as the constitutional and lawful President of people.
two-week period for free debate in the scheduled the Philippines.
referendum is too short is addressed to the wisdom of the FERNANDO, J., concurring:
Page | 6
1. CONSTITUTIONAL LAW; COURTS; JURISDICTION resides in them, there is no sufficient merit in the petition to passed upon by the Supreme Court is the effect of
OVER POLITICAL QUESTIONS; INSTANT CASE. — call a halt to the scheduled referendum. A different acquiescence by the people to the present Constitution even
Respondent's assertion that the Supreme Court cannot conclusion would be attended by deplorable consequences. on the assumption that it was not ratified in accordance
entertain the instant petition for prohibition since the For one thing, it would implies with the stigma of illegality with the 1935 Charter.
questions raised are political and therefore left the political the viable procedure that under the stem realities of the
sovereign, not the courts, cannot stand the rigor of analysis. present is the only one in the horizon for ascertaining the 6. ID.; PRESIDENTIAL DECREES IMPLEMENTING
It is elemental that constitutionalism implies restraint as desire of the people. Moreover, under a republican regime, PROPOSED REFERENDUM; VALIDITY. — The
well on the process by which lawful and valid state even under normal times, their role is limited to the choice Presidential Decrees implementing the proposed
objective may be achieved. Since what is challenged are the of public officials, thereafter to be held to accountability referendum do no suffer from the corrosion of substantial
actuations of the incumbent President for alleged failure to through their informed, even immoderate, criticism. Now constitutional infractions. It, therefore, becomes
comply with constitutional requisites, it is much too late in with the proposed referendum, they will be sounded out on unnecessary to inquire into the nature of the authority
the day to assert that the petition is not appropriate for the what they think and how they feel on matters of conferred on the incumbent President under the Transitory
courts. This is not to venture into uncharted judicial significance. Provisions, whether purely executive or both executive and
territory. There are landmarks all along the way. This is not legislative. That question should be left for another day.
then to trespass on forbidden ground. There is no disregard 4. ID.; ID.; A STEP IN THE RIGHT DIRECTION. — What cannot be ignored is that with a National Assembly in
of the political question concept. Even assuming its consultative character, the scheduled existence but not convened, it is only the Executive that can
referendum remains at the very least a step in the right perform those essentials and indispensable functions of
2. ID.; SUIT AGAINST PUBLIC OFFICIALS; direction. It may not go far enough, but there is progress of dealing with the actual conduct of public affairs. To deny
CAPACITY OF PRIVATE CITIZENS TO SUE. — The sorts that hopefully may eventually lead to the goal of his power to issue decrees and to appropriate public funds
standing of petitioners to bring the prohibition suit cannot complete civilian rule. When people are allowed to express is thus to assure the paralyzation and impotence of
be attacked as vindicating at most a public right and not their wishes and voice their opinions, the concept of government. Precisely then if a referendum may lend itself
protecting their rights as individuals. That would conjure popular sovereignty, more so under crisis conditions, to a reappraisal of the situation, by all means let it be
the specter of the public right dogma as an inhibition to becomes impressed with a meaning beyond that of lyric conducted.
parties intent on keeping public officials staying on the path liturgy or acrimonious debate devoid illumination. Nor is
of constitutionalism. As so well put by Jaffe: "The this discern new waves of hope that may ultimately 7. ID.; MARTIAL LAW; EFFECT OF PROPOSED
protection of private rights is an essential constituent of dissolve in the sands of actuality. It is merely to manifest REFERENDUM. — Petitioners submit that under martial
public interest and, conversely, without a well-ordered state fidelity to the fundamental principle of the Constitution. law, with people denied their basic freedoms, particularly
there could be no enforcement of private rights. Private and their freedoms of expression and assembly, the referendum
public interest are, both in substantive and procedural 5. ID.; PRINCIPLE OF SOVEREIGNTY; WILL OF THE cannot be validly held. There is still that feeling of
sense, aspects of the totality of legal order." Moreover, PEOPLE IS DECISIVE. — The will of the people if given insecurity as to what the morrow may bring, not from high
petitioners have convincingly shown their capacity to sue expression even in an official manner but accurately and responsible officials, of course, but from those much
as taxpayer. ascertained, is impressed with decisive significance. It is lower in the ranks, whether in the armed forces or in the
more than just a foundation for societal or political civilian competent. Abuses, in the nature of things, cannot
3. ID.; PROPOSED REFERENDUM; OPPORTUNITY development. Whenever appropriate, it determines what is be completely curbed. In that sense, my misgiving are not
FOR PEOPLE TO EXPRESS THEIR VIEWS. — Since the to be done. Its significance is vital, not merely formal. It is unjustified. Nonetheless, I gain reassurance from the fact
opportunity of the people to give expression to their views understandable then why in Javellana vs. The Executive "the Philippine brand of martial law is impressed with a
is implicit in the fundamental principle that sovereignty Secretary, L-36142, March 31, 1973, one of the issues mild character." There is by and large high degree of
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confidence in the capabilities and moderation of those our deeply-cherished convictions. For he has no choice but of the government and its agencies and instrumentalities).
entrusted with its implementation. to comply as best he can with the duty to decide in Even from the declared Presidential objective of using
accordance with legal forms with roots that go far deeper Martial Law powers to institutionalize reforms and to
8. ID.; BILL OF RIGHTS; FREEDOMS OF than his personal preferences and predilections. remove the causes of rebellion, such powers by their very
EXPRESSION AND ASSEMBLY; MUST BE nature and from the plain language of the Constitution
ALLOWED FULL OPERATION. — The constitutional TEEHANKEE, J., concurring and dissenting: (Article IX, sec. 12, 1973 Constitution, Martial Law
rights to freedoms of expression and of assembly are once 1. 1973 CONSTITUTION OF THE PHILIPPINES; provision) are limited to such necessary measure as will
again enshrined in our Bill of Rights — and in the very TRANSITORY PROVISIONS; "INCUMBENT safeguard the Republic and suppress the rebellion (or
same language. If the Constitution is now fully in force, PRESIDENT" IS PRESIDENT FERDINAND E. invasion) and measures directly connected with removing
they must be allowed full operation. I do not deny that they MARCOS. — President Ferdinand E. Marcos is the the root causes thereof, such as the tenant emancipation.
are not absolute in character, but the limitation is supplied "incumbent President" and head of government who is The concept of martial law may not be expanded, as the
by the clear and present danger test. Nor do I deny that vested with authority under Article XVII, section 3(1) of main opinion does, to cover the lesser threats of
under emergency conditions, it is not unreasonable to the Transitory Provisions of the 1973 Constitution to "worldwide recession, inflation or economic crisis which
enlarge the area of state authority, to seek national "continue to exercise his powers and prerogatives under the presently threatens all nations" in derogation of the
cohesiveness, and to discourage dissent. What I cannot 1935 Constitution and the powers vested in the President Constitution.
sufficiently stress through is that dissent, even during such and Prime Minister under this Constitution."
periods of stress, is not disloyalty, much less subversion. 4. CONSTITUTIONAL LAW; CONSTITUTIONAL
Thus the citizens can invoke in the exercise of the freedoms 2. ID.; MOST IMPORTANT CHANGE EFFECTED CONSTRUCTION; WORDS SHOULD BE GIVEN
of expression and of assembly not the challenged decrees THEREBY; PRESIDENTIAL TO PARLIAMENTARY ORDINARY MEANING. — It is axiomatic that the
but their constitutional rights. Moreover, as thus construed SYSTEM OF GOVERNMENT. — The single most primary task in constitutional construction is to ascertain
as they should be to avoid any taint invalidity, they may be important change effected by the 1973 Constitution is the and assure realization of the purpose of the framers and of
pulled back from the edge of the constitutional precipice. It change of our system of government from presidential to the people in the adoption of the Constitution and that the
would follow, and that would be to the credit of the parliamentary wherein the legislative power is vested in a courts may not inquire into the wisdom and efficacy of a
Executive, that even in those trying and parlous times, there National Assembly and the Executive power is vested in constitutional or statutory mandate. Where the language
is adherence to a tolerant, compassionate view of life. the Prime Minister who "shall be elected by a majority of used is plain and unambiguous, there is no room for
all the members of the National Assembly from among interpretation. "It is assumed that the words in which
9. ID.; ID.; ID.; OLD LANDMARKS OF THE LAW AS themselves." The President who is likewise elected by a constitutional provisions are couched express the objective
GUIDES. — For me the old landmarks of the law are still majority vote of all members of the National Assembly sought to be attained. They are to be given their ordinary
there to serve as guides, that precedents to serve as factors from among themselves "shall be the symbolic head of meaning except where technical terms are employed in
for continuity and stability not to be ignored but also not to state." which case the significance thus attached to them prevails.
be slavishly obeyed. For the constitutional law more than in As the Constitution is not primarily a lawyer's document, it
any other branch of juristic science, much depends on the 3. ID.; MARTIAL LAW PROVISIONS; LIMIT ON being essential for the rule of law to obtain that it should
immediacy and reality of the specific problems to be faced. MARTIAL LAW POWER. — There is constitutional basis ever be present in the people's consciousness, its language
Hence it has been truly said in days of crisis or emergency, for the observation that the President's legislative and as much as possible should be understood in the sense they
to stand still is to lose ground. Nonetheless, one has always appropriation powers under martial law are confined to the have in common use. What it says according to the text of
to reckon with the imponderables and the intangibles, even law of necessity of preservation of the state which gave rise the provision to be construed compels acceptance and
so often elusive to our understanding and disheartening to to its proclamation (including appropriations for operations negates the power of the courts to alter it, based on the
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postulate that the framers and the people mean what they people's and their constituencies' views as well as to assist "consultative referendum" is not provided for nor envisaged
say." him as mandated by the Constitution in the enactment of in the Constitution as the appropriate vehicle therefor is
priority measures to achieve fundamental and far-reaching provided through the interim and regular National
5. ID.; ID.; ID.; TRANSITORY PROVISIONS OF 1973 reforms. Assemblies. It should perhaps be reexamined whether the
CONSTITUTION; CONVENING OF INTERIM mandate of the Constitution that "it shall be the obligation
ASSEMBLY INDICATED THEREBY. — Section 3(1) of 7. ID.; ID.; ID.; ID.; PEOPLE'S SENTIMENT AGAINST of every citizen qualified to vote to register and cast his
the Transitory Provisions of the 1973 Constitution indicate CONVENING OF THE INTERIM ASSEMBLY vote" (at elections of members of the National Assembly
that after the coming into "immediate existence of the CANNOT BE GIVEN LEGAL FORCE. — The sentiment and elective local officials and at plebiscites, as therein
interim National Assembly upon the proclamation of expressed by the people in the Referendum of January, provided for) and the criminal penalties imposed in the
ratification of the Constitution," the "initial convening" 1973 against the convening of the interim National questioned decrees should be deemed applicable to such
thereof with the election of the interim Speaker and the Assembly for at least seven years, cannot be given any extra-constitutional consultative referendums wherein non-
election of the interim President and the interim Prime legal force and effect in the light of the State's admission at qualified voters (the 15-years old up to below 18) are asked
Minister should have followed as a matter of course. The the hearing that such referendums are merely consultative to participate.
mandate of section 1 of the Transitory Provisions that the and cannot amend the constitution or any provision or
interim National Assembly shall "exist immediately upon mandate thereof such as the Transitory Provisions which BARREDO, J., concurring:
the ratification of this Constitution" calls for its coming into call for the immediate existence" and "initial convening" of 1. 1973 CONSTITUTION OF THE PHILIPPINES;
existence "right away". Its members, as provided in section the interim National Assembly to "give priority to measures SECTION 3 (1), ARTICLE XVII; PRESIDENT
2, duly took their oath of office and qualified thereto upon for the orderly transition from the presidential to the MARCOS' BEING PRESIDENT OF THE PRESIDENT,
the proclamation of ratification. The clear import of section parliamentary system" and the other urgent measures CONSTITUTIONALLY INDUBITABLE. — President
3 in order to give meaning and effect to the creation and enumerated in section 5 thereof. This seems self-evident for Marcos' authority to continue exercising the powers of the
"immediate existence" of the interim National Assembly is the sovereign people through their mutual compact of a President under the 1935 Constitution and to exercise those
that the incumbent President shall then proceed to "initially written constitution have themselves thereby — set bounds of President and Prime Minister under the 1973
(i.e. 'in the first place: at the beginning') convene" it and to their own power, as against the sudden impulse of mere Constitution is specifically provided for in Section 3 (1),
preside over its sessions until the election of the interim and fleeting majorities and hence have provided for strict Article XVII of the 1973 Constitution. By virtue of these
Speaker after which he calls for the election of the interim adherence with the mandatory requirements of the provisions, President Marcos' being the President of the
President and the interim Prime Minister "who shall then amending process through a fair and proper submission at a Philippines, is constitutionally indubitable.
exercise their respective powers vested to this plebiscite, with sufficient information and full debate to
Constitution." (The "incumbent President" then bows out assure intelligent consent or rejection. 2. ID.; NEW CHARTER VALID AS IF RATIFIED IN
and is succeeded by the Prime Minister who may of course ACCORDANCE WITH 1935 CONSTITUTION. — As far
be himself). 8. ID.; ID.; ID.; "CONSULTATIVE REFERENDUM" as the Supreme Court is concerned, its holding in Javellana
NOT PROVIDED FOR IN 1973 CONSTITUTION; that" there is no more judicial obstacle to the New
6. ID.; ID.; ID.; ID.; CONCEIVED PURPOSE OF PENAL SANCTIONS AGAINST THOSE WHO FAIL TO Constitution being considered as in force and effect" should
CONVENING INTERIM ASSEMBLY. — The convening REGISTER AND VOTE QUESTIONABLE. — The be understood as meaning that the charter is as valid and
of the interim National Assembly with its cross-section of imposition of penal sanctions of imprisonment and fine binding for all purposes as if it had been ratified strictly in
knowledgeable representatives from all over the country upon the citizens who fail to register and vote in the accordance with the 1935 Constitution.
was obviously hopefully conceived to serve (more than scheduled referendum is open to serious constitutional
consultative referendum) to apprise the President of the referendum question. It seem clear that the calling of
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3. ID.; TRANSITORY PROVISIONS; HISTORICAL 5. ID.; ID.; ID.; SECTION 3(2) OF ARTICLE XVII; LAW. — It must be borne in mind that once martial law is
FACTS TO BE TAKEN INTO ACCOUNT IN PRESIDENT MUST EXERCISE LEGISLATIVE proclaimed, all the powers of government are of necessity
CONSTRUCTION THEREOF. — The transcendental POWERS DURING MARTIAL LAW. — Section 3(2) of assumed by the authority that administers the martial law
historical facts that the New Constitution was formulated Article XVII which makes all the proclamations, decrees, and the operation of the regular government, including its
and approved under abnormal and exceptional orders and instructions of the incumbent President part of legislative and its judiciary, is subjected to its imperatives.
circumstances, that the country was then as it still is under the law of the land, is the Convention's own Contemporary Of course, the Constitution itself is not ousted, but by the
martial law, that normal process of government have not construction that during martial law, the administrator power that the Constitution itself vests in the Executive to
been in operation since its proclamation, and that President thereof must of necessity exercise legislative powers issue the proclamation, it yields the application and effects
Marcos had in fact assumed all the powers of government particularly those needed to carry out the objectives of the of some of its provisions to the demands of the situation, as
should taken into account in construing the Transitory proclamation, with no evident limitation except that no the administrator may in his bona fide judgment so
Provisions of the New Constitution. Given the choice particular legislation not demanded by said objectives shall determine. Otherwise stated, since laws and regulations
between, on the one hand delaying the approval of a new infringe Section 7 of Article XVII which reserves to the would be needed to maintain the government and to
charter until after martial law shall have been lifted and, on regular National Assembly the power to amend, modify or provide for the safety and security of the people, the orders
the other, immediately enacting one which would have to repeal "all existing law not inconsistent with his of the administrator are given the force of law. In that
give due allowances to the exercise of martial law powers Constitution." sense, the administrator legislates. If he can legislate, so
in the manner being done by President Marcos, the 6. ID.; ID.; ID.; SECTION 3(1) AND (2) OF ARTICLE also he can appropriate public funds.
convention opted for the latter. It is only from this point of XVII; IMMEDIATE CONVENTION OF INTERIM
view that one should read and try to understand the peculiar ASSEMBLY NOT INTENDED. — Neither paragraph (1) 8. ID.; PRINCIPLE THAT "SOVEREIGNTY RESIDES
and unusual features of the transitory provisions of the New nor paragraph (2) of Section 3 of Article XVII would have IN THE PEOPLE AND ALL GOVERNMENT
Constitution. been necessary if the Convention had intended that the AUTHORITY EMANATES FROM THEM";
interim National Assembly would be immediately REFERENDUMS PROVIDE MEANS FOR ASSERTION
4. ID.; ID.; ID.; PROVISIONS INTENDED TO AVOID convened and the new President and the Prime Minister BY PEOPLE OF THEIR SOVEREIGNTY. —If there is
PUTTING HINDRANCE TO PRESIDENT'S EXERCISE would be forthwith elected. Indeed, it is implicit in the said anything readily patent in the Constitution, it is that it has
OF MARTIAL LAW POWERS. — It is logical to provisions that the delegates had in mind that there would been ordained to secure to the people the blessings of
conclude that the reason why the Transitory Provisions of be a considerable time gap between the going into effect of democracy and that its primordial declared principle is that
the Constitution, granted the incumbent President the the New Constitution and the election of the new President "sovereignty resides in the people and all government
power to convene the interim Assembly, did not fix the and the Prime Minister. And they could not have been authority emanates from them." Of course, it establishes a
time when the incumbent President should initially convene thinking merely of the possibility of protracted delay in the representative democracy, but surely, there is and there
it, and lodged in the incumbent President the authority to election of said officers because the Assembly itself, once could be no prohibition in it against any practice or action
call for the election of the new President and the Prime convened, could have readily provided in the exercise of its that would make our government approximate as much as
Minister is to avoid putting any hindrance or obstacle to the inherent powers for what might be required in such a possible a direct one which is the ideal. On the contrary, it
continued exercise by President Marcos of the powers he contingency. is self-evident that conditions and resources of the country
had assumed under his martial law proclamation and his permitting, any move along such a direction should be
general orders subsequent thereto. If the Convention were 7. CONSTITUTIONAL LAW; PROCLAMATION OF welcome. In fact, at this time when there are fears about
differently minded, it could have easily so worded the MARTIAL LAW; ALL GOVERNMENTAL POWERS what some consider as an emerging dictatorship,
transitory provisions in the most unequivocal manner. ASSUMED BY MARTIAL LAW ADMINISTRATOR; referendums in the manner contemplated in the impugned
ORDERS OF ADMINISTRATOR GIVEN FORCE OF presidential decrees provide the means for the most
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vigorous assertion by the people of their sovereignty, what with their duty prescribed in no uncertain terms by the paragraph 2 thereof provided that: "All proclamations,
with the participation therein of even the fifteen-year olds fundamental law of the land. orders, decrees, instructions, and acts promulgated, issued,
and non-literates and the concrete efforts being exerted to or done by the incumbent President shall be part of the law
insure the most adequate submission and the utmost ANTONIO, J., concurring: of the land and shall remain valid, legal, binding and
freedom of debate and consensus as the emergency 1. 1973 CONSTITUTION OF THE PHILIPPINES; effective even after lifting of martial law or ratification of
situation would permit and to have the fairest recording and TRANSITORY PROVISIONS; PROVISIONS MUST BE this Constitution, unless modified, revoked, or superseded
tabulation of the votes. Granting the good faith of everyone READ IN THE CONTEXT OF ITS ECONOMIC, by subsequent proclamations, orders, decrees, instructions,
concerned, and there is absolutely no reason why it should POLITICAL AND SOCIAL ENVIRONMENT. — The or other acts of the incumbent President, or unless
be otherwise, a unique exercise of essential democratic only rational way to ascertain the meaning and intent of expressly and explicitly modified or repealed by the regular
rights may be expected, unorthodox as the experience may paragraph 1 and 2 of Section 3 of Article XVII (transitory National Assembly.
be to those who cannot understand or who refuse to provisions) of the New Constitution is to read its language
understand martial law Philippine style. In principle, to in connection with the known conditions of affairs out of 3. ID.; ID.; ID.; ID.; MATTER OF CONVENING
oppose the holding of a referendum under these which the occasion for its adoption has arisen, and then INTERIM ASSEMBLY WHOLLY CONFIDED BY
circumstances could yet be a disservice to the nation. construe it, if there be any doubtful expression, not in a CONSTITUTION TO INCUMBENT PRESIDENT. —
narrow or technical sense, but liberally, giving effect to the The impossibility for the Convention to determine a priori,
9. ID.; ID.; ID.; CALLING OF REFERENDUM; whole Constitution, in order that it may accomplish the in view of the emergency situation, the time when
POLITICAL QUESTION. — Whether a referendum objects of its establishment. For these provisions can never conditions shall have sufficiently normalized to permit the
should be called or not and what questions should be asked be isolated from the context of its economic, political and convening of the interim Assembly, precluded them from
therein are purely political matters as to which it does not social environment. fixing in the transitory provisions of the Constitution a
appear to be proper and warranted for the Court too exert definite period when the incumbent President shall initially
its judicial power in the premises. To be sure, the 2. ID.; ID.; ID.; INCUMBENT PRESIDENT TO convene that body. It was a matter which was wholly
referendum in question could be a waste of the people's EXERCISE EXTRAORDINARY POWERS confided by the Constitution to the incumbent President.
money in the eyes of some concerned citizens, while it may THEREUNDER. — The New Constitution was framed and Since the exercise of this power was committed to the
be a necessary and fruitful democratic exercise in the view adopted at a time of national emergency when, as incumbent President in all the vicissitudes and conditions
of others, but what is certain is that considering its nature traditionally assumed by democratic political theorists, of the emergency, it has necessarily given him ample scope
and declared purposes and the public benefits to the derived there is a need to discharged for the time being the for the exercise of his judgment and discretion. It was a
from it, it is the better part of discretion, granted to it by the governmental process prescribed for peacetime and to rely political decision for which he is directly responsible to the
Constitution for the Court to refrain from interfering with upon a generically different method of government — the people to whom he is accountable and for whose welfare he
the decision of the President. exercise by the Chief Executive of extraordinary or is obliged to act.
authoritarian powers, to preserve the State and the
10. ID.; ID.; ID.; VOTING IN REFERENDUM, SACRED permanent freedom of its citizens. It was with a view of the 4. ID.; ID.; ID.; ID.; EXERCISE BY INCUMBENT
CIVIC OBLIGATION. — Under the New Constitution, continuance of the exercise of these extraordinary powers PRESIDENT OF EXTRAORDINARY POWERS
every citizen is charged with the duty to vote. To vote in a that the Convention provided in paragraph 1, Section 3, of REPRESENTS WILL OF SOVEREIGN PEOPLE;
referendum is no less a sacred civic obligation than to vote Article XVII of the transitory provisions of the New HOLDING OF REFERENDUM LOGICAL. — It cannot
in an election of officials or in a plebiscite. The impugned Constitution that: "He (the incumbent President) shall be asserted that the exercise by the incumbent President of
decrees cannot therefor be constitutionally faulted just continue to exercise his powers and prerogatives under the those extraordinary powers is necessarily inconsistent with
because they provide penalties for those who fail to comply nineteen hundred thirty-five Constitution . . . " and in and an absolute contradiction to the existence of a
Page | 11
democracy. When the exercise of such authoritarian powers plebiscite, direct legislation or advisory referendum or freedom attendant to a regime of martial law. Thus, State
is expressly conferred upon him by the Constitution, it consultation, that the political community manifests its restrictions on press freedom had been removed, except
represents the will of the sovereign people as the source of consent or dissent. The national leadership as the elected over publications which, because of their subversive or
all political power. So long as the power is used to fulfill its representative of the national community has the duty to be seditious character, are deemed incompatible with the
true function in realizing the ethical purposes of the responsive and responsible to his sovereign will. It has been public safety. Freedom of discussion and of assembly are
community, which is to ensure the economic and social said that the President "speaks and acts as the people's now encouraged. No less than the incumbent President on
well-being of its citizens and to secure to them justice, such agent. He lays claim to a mandate from them for his acts. the Philippines has underscored the need for an accurate
power is employed for constructive and moral purposes. Its Authority descends upon him from the nation, not from the and honest canvass of the people's sentiments. As the
exercise is, therefore, legitimate as it represents the other organs of government." nation's leader, he is called upon to make hold decisions in
collective will of the people themselves. It is, therefore, the face of the grave problems confronting the nation, but
logical that the incumbent President consult the people on 6. ID.; ID.; ID.; ID.; ID.; ID.; REFERENDUMS he is convinced that such decisions cannot be effective
issues vital to the public interest even through a REQUIRES INVOLVEMENT OF EVERY FILIPINO. — unless rooted in the will and reflective of the true
consultative referendum. Such useful and healthy contact In his dual role as Chief Executive and Legislator under sentiments of the sovereign people.
between the government administrator and the citizenry is martial law, the incumbent President has a greater decree of
the more necessary in a period of martial law, because the accountability to the political community. To discharge FERNANDEZ, J., concurring:
equal participation of the citizenry in the formulation of the effectively that responsibility, he has to ascertain the 1. 1973 CONSTITUTION OF THE PHILIPPINES;
will of the State and in its fundamental political decisions people's consensus or common judgment and to act in TRANSITORY PROVISIONS; DISCUSSION AND
ensures the unity of the people in their efforts to surmount accordance therewith. Only then can it be said that his VOTES THEREON IN PLENARY SESSION OF
the crisis. actions represent the people's collective judgment and, CONSTITUTIONAL CONVENTION, WHAT ARE
therefore, entitled to their whole-hearted support. The SHOWN THEREBY. — The discussion of the Transitory
5. ID.; ID.; ID.; ID.; ID.; RIGHT AND DUTY OF coming referendum is a national undertaking affecting the Provisions of the 1973 Constitution in the plenary session
CITIZEN TO CONTRIBUTE TO FORMULATION OF future of the country and the people. It, therefore, requires of the Constitutional Convention on October 18, 19 and 20,
CONSENSUS ON MATTERS AFFECTING the involvement of every Filipino. By participating in the 1972 and the votes thereon clearly show; (1) That the
DEMOCRATIC POLITY. — Political democracy is national consultation or advisory referendum of February determination of the date the interim National Assembly
essentially a government of consensus. The citizen has "a 27, 1975, the Filipino people will prove to the rest of the should be convened was left to the judgment of the
right and a duty to judge his own concerns, his acts and world their maturity and capability as a people to make President, the country being, as it still is, under martial law;
their effects, as they bear on the common good. If they major decisions. (2) That the incumbent President legally holds office as
entail the common acts of the community, he again has the such having been authorized to continue in office and to
duty and right to contribute to the common deliberation by 7. ID.; ID.; ID.; ID.; ID.; HONEST CANVASS OF exercise not only the powers of the President under the
which the acts of community are decided. Common PEOPLE' SENTIMENTS NEEDED. — It is asserted that a 1935 Constitution but also those of the President and Prime
deliberation or mutual persuasion occurs on all levels of referendum had under present existing circumstances is of Minister under the 1973 Constitution, from the time the
society, and as a result thereof a common judgment or no far-reaching significance because it is being undertaken New Constitution was ratified on January 17, 1973 until the
consensus is formed on those matters which affect in a climate of fear. The infirmity of such a priori judgment election of the interim President and interim Prime Minister
democratic polity. This is based on the premise that is evident from the fact that it is not based on reality. It which up to now has not yet taken place; and (3) That
sovereignty in a political democracy resides in the people betrays a lack of awareness of the strength and character of included in the powers of the President under the 1935
and that their government is founded on their consent. It is our people. It is contradicted by past experience. There has Constitution and the powers of the Prime Minister under
in the formulation of this consensus whether in an election, been a deliberate policy to lift gradually the strictures on the 1973 Constitution is the power to declare martial law
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which in turn includes the power to make all needful rules resurgence by the removal of the causes which gave rise to 4. ID.; ID.; ID.; ID.; LEGISLATIVE POWERS. — Aside
and regulations with the force and effect of law until the them; in a word, the reform of our society. from his vast executive powers, the incumbent President
termination of the martial rule. was granted under Section 3(2) of the same Transitory
MUÑOZ PALMA, J., concurring: Provisions legislative powers, in the sense, that all
2. ID.; ID.; ID.; WISDOM OF CONVENTION'S 1. CONSTITUTIONAL LAW; 1973 CONSTITUTION; proclamations, orders, decrees, instructions, and acts which
DECISION TO GIVE PRESIDENT DISCRETION WHEN TRANSITORY PROVISIONS; PRESIDENT were promulgated, issued, or done by him before the
TO CONVENE INTERIM ASSEMBLY PROVEN BY FERDINAND E. MARCOS IS THE "INCUMBENT ratification of the Constitution were declared part of the law
SUBSEQUENT EVENTS. — Subsequent events proved PRESIDENT" REFERRED TO. — President Ferdinand E. of the land, to remain valid, legal, binding or effective even
the wisdom of the decision of the Convention to give the Marcos and no other is the person referred to as "incumbent after the lifting of martial law or the ratification of the
President a wide discretion when to convene the interim President" in the Transitory provisions of the 1973 Constitution, unless modified, revoked or superseded by
National Assembly. (a) For although the peace and order Constitution, because at the time the draft of the new subsequent proclamation, etc., by him or unless expressly
condition of the country has improved, it suffered a relapse. Constitution was being prepared and when it was finally and explicitly modified or repealed by the regular National
The rebellion had not been completely quelled. (b) The oil signed by the Constitutional Convention delegates, it was Assembly.
crises which brought about worldwide inflation, recession President Marcos who was holding the position President
and depression, created problems which, according to of the Philippines. 5. ID.; ID.; ID.; ID.; ID.; EXISTENCE THEREOF AFTER
economic experts, can be solved effectively only with the RATIFICATION OF CONSTITUTION. — Whether or not
President exercising legislative powers. A National 2. ID.; ID.; ID.; ID.; AUTHORITY TO CONTINUE AS the unlimited legislative power of the President continues
Assembly would take a longer period of time to be able to PRESIDENT DURING TRANSITION PERIOD. — As to exist even after the ratification of the Constitution cannot
pass the necessary legislation to cope with this worsening such incumbent President, President Marcos was vested by be conceded at the moment, and is not essential in resolving
economic situation. (c) And what is most important is that Section 3(1) of the Transitory Provisions with the petition. Nonetheless, the President is empowered to
in addition to the criticisms levelled in the Convention constitutional authority to continue as President of the issue proclamations, orders, etc., to carry out and
against the membership of the interim National Assembly, Philippines during the transition period, that is, until the implement the objectives of the proclamation of martial law
the people themselves expressed their disfavor against the interim President and the interim Prime Minister shall have be it under the 1935 or 1973 Constitution, and for orderly
interim Assembly by voting against its immediate been elected by the interim National Assembly who shall and efficient functioning of the government, its
convening when they ratified the Constitution on January then exercise their respective powers vested by the new instrumentalities, and agencies. This grant of legislative
10-15, 1973. In the July 24, 1973 referendum, the Constitution, after which the office of the incumbent power is necessary to fill up a vacuum during the transition
Barangays reiterated decision of January, 1973 to suspend President ceases. period when the interim National Assembly is not yet
the convening of the interim National Assembly. convened and functioning, for otherwise, there will be a
3. ID.; ID.; ID.; ID.; EXECUTIVE POWERS DURING disruption of official functions resulting in a collapse of the
3. MARTIAL LAW; MODERN CONCEPT; TRANSITION PERIOD. — During the transition period, government and of the existing social order.
PRESIDENT'S POWER TO REFORM SOCIETY President Marcos was given extraordinary powers
INCLUDED. — The legislative power of the President consisting of the powers and prerogatives of the President 6. ID.; ID.; ID.; INTERIM NATIONAL ASSEMBLY;
under martial law should not be limited to the legislative under the 1935 Constitution, and the powers vested in the INCUMBENT PRESIDENT NOT GRANTED
power under the old classical concept of martial law rule. President and the Prime Minister under the 1973 INDEFINITE TIME TO INITIALLY CONVENE SAME.
For the modern concept of martial law rule includes not Constitution. — Because the grant of vast executive and legislative
only the power to suppress invasion, insurrection or powers to the incumbent President will necessarily result in
rebellion and imminent danger, but also to prevent their what the petitioners call a one-man rule as there is a
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concentration of power in one person, it could not have shall exercise all the powers and prerogatives which are funds which are subject to his executive control and
been the intent of the framers of the new Constitution to executive in character, and that the judicial power shall disposition to accomplish the purpose.
grant to the incumbent President an indefinite period of continue to be vested in the Judiciary existing at the time of
time within which to initially convene the interim National the coming into force and effect of the 1973 Constitution. 11. ID.; ID.; NO FAR-REACHING SIGNIFICANCE IF
Assembly and to set in motion the formation of the The situation would also render nugatory the provisions of HELD UNDER MARTIAL RULE. — A referendum held
Parliamentary from of government which was one of the Section 5 of the Transitory Provisions which assign to the under a regime of martial law can be of no far-reaching
purposes of adopting a new Constitution. interim National Assembly a vital role to perform during significance because it is being accomplished under an
the transition period. atmosphere or climate of fear. There can be no valid
7. ID.; ID.; ID.; ID.; AUTOMATIC EXISTENCE UPON comparison between a situation under martial rule and one
RATIFICATION OF NEW CONSTITUTION. — The 9. AD.; ID.; ID.; ID.; CONVENING THEREOF where the privilege of the writ of habeas corpus is
interim National Assembly came automatically into ADDRESSED TO DISCRETION OF PRESIDENT. — suspended, because the former entails a wider area of
existence upon the ratification of the 1973 Constitution. As While the convening of the interim National Assembly curtailment and infringement of individual rights, such as,
a matter of fact, from the submission of the Solicitor cannot be said to be simply at the pleasure and convenience human liberty, property rights, right of free expression and
General, it appears that may if not all of those entitled to of the President, however, the matter is one addressed to his assembly, protection against unreasonable searches and
become members of the interim National Assembly have sound discretion and judgment for which he is answerable seizures, liberty of abode and of travel, etc.
opted to serve therein and have qualified thereto in alone to his conscience, to the people he governs, to
accordance with the requirements of Section 2 of the posterity, and to history. 12. ID.; ID.; CHANCE OF LOCAL GOVERNMENT;
Transitory Provisions. RESULTS OF VOTES THEREON MAY BE IGNORED
10. ID.; REFERENDUM; CALLING THEREOF, A BY PRESIDENT. — Whatever may be the totality of the
8. ID.; ID.; ID.; ID.; ABSENCE OF SPECIFIC PERIOD CONSULTATIVE ACT OF PRESIDENT. — The act of answers given to the proposed referendum questions on
FOR PRESIDENT TO CONVENE NOT PLACING the President in calling a referendum on February 27, 1975 local government will be of no real value to the President
MATTER AT HIS PLEASURE. — The absence of a is not really in the nature of a legislative act which violates because under Article XI, Section 2, 1973 Constitution, it is
specific period of time for the President to initially convene the present Constitution. There is no prohibition in the the National Assembly which is empowered to enact a local
the interim assembly cannot be reasonably construed as Constitution for the Chief Executive or the President to government code, and any change in the existing form of
placing the matter at his sole pleasure and convenience for consult the people on national issues which in his judgment local government shall not take effect until ratified by the
to do so would enable the incumbent President to keep the are relevant and important. The word "consult" is used majority of the votes cast in a plebiscite called for the
interim National Assembly in suspended animation and because in effect the measure taken by the President is purpose, all of which cannot be complied with for the
prevent it from becoming fully operational as long as he nothing more than consultative in character and the mere simple reason that for the present there is no National
pleases. This would violate the very spirit and intent of the fact that such measure or advice is called a referendum in Assembly. Moreover, any vote given on this matter cannot
1973 Constitution more particularly its Transitory the Presidential Decrees in question will not affect nor be truly intelligent considering the vagueness of the
Provisions to institute a form of government, during the change in any manner its true nature which is simply a question as drafted and the short period of time given to the
transition period, based upon the fundamental principle of means of assessing public reaction to the given issues citizenry to study the so-called manager or commission
the "separation of powers," with its checks and balances, by submitted to the people for their consideration. Calling the type of local government being submitted to the voters.
specifically providing that there shall exist immediately people to a consultation is derived from or within the
upon the ratification of the 1973 Constitution an interim totality of the executive power of the President, and b. Civil Liberties Union v. Executive Secretary, 194
National Assembly in which legislative power shall be because this is so, it necessarily follows that he has the SCRA 317 (1991)
vested, that there shall be the incumbent President who authority to appropriate the necessary amount from public
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In construing a Constitution, it should be bear in mind the 6. ID.; ID.; ELECTORAL TRIBUNAL; AUTHORITY OF;
object sought to be accomplished by its adoption, and the d. Vera v. Avelino, 77 Phil. 192 (1946), G.R. No. L-543, FUNCTIONS OF ASSEMBLY ON ELECTION AND
evils, if any, sought to be prevented or remedied. A August 31, 1946 QUALIFICATIONS OF MEMBERS. — The
doubtful provision will be examined in the light of the Constitutional Convention circumscribed the authority of
history of the times, and the condition and circumstances 1. CONSTITUTIONAL LAW; SEPARATION OF the Electoral Tribunal to "contests" relating to the election,
under which the Constitution was framed. The object is to POWERS; MANDAMUS; LEGISLATIVE BODY NOT etc, and did not intend to give it all the functions of the
ascertain the reason which induced the framers of the COMPELLABLE BY, TO PERFORM LEGISLATIVE Assembly on the subject of election and qualifications of its
Constitution to enact the particular provision and the FUNCTIONS. — Mandamus will not lie against the members.
purpose sought to be accomplished thereby, in order to legislative body, its members, or its officers, to compel the
construe the whole as to make the words consonant to that performance of purely legislative duties. 7. ID.; ID.; ID.; ID.; ID.;. — The House or Senata retains
reason and calculated to effect that purpose. the authority to defer the oath-taking of any of its members,
2. ID.; ID.; JUDICIAL DEPARTMENT WITHOUT pending an election contest.
c. Luz Farms v. Secretary of the Department of POWER TO REVISE LEGISLATIVE ACTIONS. — The
Agrarian Reform, 192 SCRA 51 (1990) judicial department has no power to revise even the most 8. ID.; ID.; ID.; ID.; ID.;. — Independently of
arbitrary and unfair action of the legislative department, or constitutional or statutory grant, the Senate has, under
The primary task in constitutional construction is to of either house thereof, taken in pursuance of the power parliamentary practice, the power to inquire into the
ascertain and thereafter assure the realization of the purpose committed exclusively to that department by the credentials of any member and the latter's right to
of the framers in the adoption of the Constitution. Constitution. participate in its deliberations.
Ascertainment of the meaning of the provision of
Constitution begins with the language of the document 3. ID.; ID.; POWER OF SUPREME COURT TO ANNUL 9. ID.; ID.; CONGRESS; EXTENT OF LEGISLATIVE
itself. The words used in the Constitution are to be given LEGISLATIVE ENACTMENT. — In proper cases and POWER. — The legislative power of the Philippine
their ordinary meaning except where technical terms are with appropriate parties, this court may annul any Congress is plenary, subject only to such limitations, as are
employed in which case the significance thus attached to legislative enactment that fails to observe the constitutional found in the Republic's Constitution.
them prevails. It is generally held that, in construing limitations.
constitutional provisions which are ambiguous or of 10. ID.; ID.; ID.; SENATE; POWER TO ADOPT RULES
doubtful meaning, the courts may consider the debates in 4. ID.; ID.; JUDICIARY NOT REPOSITORY OF FOR ITS PROCEEDINGS. — The Senate, as a branch of
the constitutional convention as throwing light on the intent REMEDIES FOR ALL POLITICAL OR SOCIAL the legislative department, has the constitutional power to
of the framers of the Constitution. It is true that the intent of WRONGS. — The judiciary is not the repository of adopt rules for its proceedings, and by legislative practice
the convention is not controlling by itself, but as its remedies for all political or social ills. the power to promulgate such orders as may be necessary
proceeding was preliminary to the adoption by the people to maintain its prestige and to preserve its dignity.
of the Constitution the understanding of the convention as 5. ID.; ID.; PROHIBITION; SCOPE OF. — Prohibition
to what was meant by the terms of the constitutional refers only to proceedings of any tribunal, corporation, 11. ID.; ID.; SUPREME COURT JUSTICES
provision which was the subject of the deliberation, goes a board, or person, exercising functions judicial or DESIGNATED TO ELECTORAL TRIBUNAL NOT
long way toward explaining the understanding of the ministerial. As the respondents exercise legislative DISQUALIFIED IN CASE AT BAR. — The designation
people when they ratified it. functions, the dispute falls beyond the scope of such special of several justices to the electoral tribunals did not
remedy. disqualify them in this litigation.

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12. ID.; ID.; LEGISLATURE; PRESUMPTION THAT IT of senators and representatives, is exclusively lodged in the 21. CONSTITUTIONAL AND POLITICAL LAW;
ACTED WITHIN CONSTITUTIONAL POWERS. — It is respective Electoral Tribunal, the exclusively being SENATE; COMMISSION ON ELECTIONS;
presumed that the legislature has acted within its emphasized by the use of the word "sole" by the drafters of CERTIFICATE OF CANVASS AND PROCLAMATION
constitutional powers. the Constitution. CONCLUSIVE AS TO RIGHT OF CANDIDATES
PROCLAIMED TO SEAT IN SENATE. — The
13. ID.; ID.; CONSTRUCTION OF CONSTITUTION; 17. ID.; CONSTITUTION; CO-AUTHORS IN BETTER petitioners' credentials consisting of the certificate of
WEIGHT OF PROCEEDINGS OF CONSTITUTIONAL POSITION TO CONSTRUE. — The co-authors of the canvass and proclamation of election issued by the
CONVENTION. — The proceedings of the Constitutional fundamental law are in a better position to construe the Commission on Elections, are conclusive as to their right to
Convention are less conclusive of the proper construction very document in which they have infused the ideas which their seats in the Senate.
of the constitution than are legislative proceedings of the boiled in their minds, and grave a definite form to their own
proper construction of a statute. conviction and decisions. 22. ID.; ELECTORAL COMMISSION; POWER OF;
EXTENT. — The grant of power to the Electoral
14. ID.; ID.; CONGRESS; DUTY OF PROCLAIMED 18. ID.; SENATE; "QUORUM" TO DO BUSINESS. — Commission to judge all contest relating to the election,
CANDIDATES TO ASSUME OFFICE AND ATTEND To do business, the Senate, being composed of 24 returns and qualifications of members of the National
SESSION. — Section 12 of Commonwealth Act No. 725 is members, needs the presence of at least 13 senators. "A Assembly, is intended to be as complete and unimpaired as
addressed to the individual member of Congress, imposes smaller number may adjourn from day to day and may if it had remained originally in the legislature. The express
on him the obligation to come to Manila, and join his compel the attendance of absent members," but not in lodging of that power in the Electoral Commission is an
colleagues in regular session, and does not imply that if, for exercising any power, such as the adoption of the Pendatun implied denial of the exercised of that power by the
any reason, he is disqualified, the House is powerless to Resolution. National Assembly. And this is as effective a restriction
postpone his admission. upon the legislative power as an express prohibition in the
19. CRIMINAL LAW; FAILURE TO DISCHARGE Constitution.
15. ID.; ID.; ID.; IMMUNITY OF MEMBERS FOR ELECTIVE OFFICE; PENALTY. — If senators should fail
SPEECH OR DEBATE; GIVING OF VOTE OR to discharge the duties of their respective offices, they will 23. ID.; SEPARATION OF POWERS; VULGAR
PRESENTATION OF RESOLUTION INCLUDED. — incur criminal responsibility and may be punished, NOTION OF. — The vulgar notion of separation of powers
The constitutional provision that "for any speech or debate" according to the Revised Penal Code, with arresto mayor or appears to be simple, redimentary and clear-cut. As a
in Congress, Senators and Congressmen "shall not be a fine not exceeding 1,000 pesos or both. consequence, the principle of separation of powers creates
questioned in any other place," includes the giving of a vote in the mind of the ignorant or uninitiated the images of the
or the presentation of a resolution. 20. ID.; VIOLATION OF PARLIAMENTARY different departments of government as individual units,
IMMUNITY; PENALTY. — No one may prevent senators each one existing independently, all alone by itself,
PER PERFECTO, J., dissenting: from performing the duties of their office, such as attending completely disconnected from the remaining all others. The
the meetings of the Senate or of any of any of its picture in their mental panorama offers, in effect, the
16. CONSTITUTIONAL AND POLITICAL LAW; committees or subcommittees, or from expressing their appearance of each department as a complete government
ELECTORAL TRIBUNAL; EXCLUSIVE POWER TO opinions or casting their votes, without being criminally by itself. Each governmental department appears to be a
JUDGE ALL CONTESTS RELATING TO ELECTION, guilty of a violation of parliamentary immunity, a criminal veritable state in the general set up of the Philippine state,
RETURNS AND QUALIFICATIONS OF SENATORS offense punished by the Penal Code with prision mayor. like the autonomous kingdoms and princedoms of the
AND REPRESENTATIVES. — The power to judge "all maharajahs of India.
contests relating to the election, returns, and qualifications"
Page | 16
24. ID.; ID.; CONSTITUTIONAL CONCEPTION OF. — 25. ID.; ID.; ID.; WHOLE GOVERNMENT AS A UNIT. not only as ancillary remedy in senatorial election contests,
The only acceptable conception of the principle of — The idea of unity is fundamental in the Constitution. The but even in the exercise of the Senate Judicial power to
separation of power within our democracy is the whole government must be viewed as a unit, and all punish its members for disorderly conduct.
constitutional one. The separation of powers is a departments and other government organs, agencies and
fundamental principle in our system of government. It instrumentalities as parts of that unit in the same way as the 28. ID; SEPARATION OF POWERS; SUPREME
obtains not enough express provision but by actual division head, the hands, and the heart are parts of a human body. COURT, JURISDICTION TO DECIDE QUESTION OF
in our Constitution. Each department of the government has As a matter of fact, there is no government power vested VALIDITY OR NULLITY OF SENATE RESOLUTION.
exclusive cognizance of matters within its jurisdiction, and exclusively in any authority, office, or government agency. — The principle of separation of powers can not be
is supreme within its own sphere. The Constitution has To understand well the true meaning of the principle of invoked to deny the Supreme Court jurisdiction in this case,
provided for an elaborate system of checks and balances to separation of powers, it is necessary to remember and pay because to decide the question of validity or nullity of the
secure co-ordination in the workings of the various special attention to the fact that the idea of separation Pendatun Resolution, of whether petitioners are illegally
departments of the government. For example, the Chief refers, not to departments, organs, or other government deprived of their constitutional rights and privileges as
Executive under our Constitution is so far made a check on agencies, but to powers exercised. The things separated are senators of the Philippines, of whether respondents must or
the legislative power that this assent is required in the not the subject of the powers, but the functions to be must not be enjoined by injunction or prohibition from
enactment of laws. This, however, is subject to the further performed. It means division of functions, but not of illegally and unconstitutionally trampling upon the
check that a bill may become a law notwithstanding the officials or organs which will perform them. It is analogous constitutional and legal rights of petitioners, is a function
refusal of the President to approve it, by a vote of two- to the economic principle of division of labor practiced in a judicial in nature and, not having been assigned by the
thirds or three-fourths, as the case may be, by a vote of factory where multiple manufacturing processes are Constitution to other department of government, is
two-thirds or three-fourths, as the case may be, of the performed to produce a finished article. logically within the province of courts of Justice, including
National Assembly. The President has also the right to the Supreme Court.
convene the Assembly in special session whenever he 26. ID.; ID.; SENATE ELECTORAL TRIBUNAL
chooses. On the other hand, the National Assembly POWER TO JUDGE ELECTORAL CONTESTS AND TO 29. ID.; ID.; POWER TO DECLARE LAW
operates as a check on the Executive in the sense that its SUSPEND IN RELATION THERETO CASE AT BAR. — UNCONSTITUTIONAL. — If the law enacted is
consent through its Commission on Appointments is From the facts of the case, it is evident that respondents unconstitutional, the Supreme Court has the power to
necessary in the appointment of certain officers; and the encroached upon, invaded, and usurped the ancillary power declare it so and deny effect to the same.
concurrence of a majority of all its members is essential to to suspend petitioners in relation to the power to judge
the conclusion of treaties. Furthermore, in its power to electoral contests concerning senators, a power which the 30. ID.; ID.; ID.; ANGARA vs. ELECTORAL
determine what courts other than the Supreme Court shall Constitution specifically assigns to the Senate Electoral COMMISSION (63 Phil., 139) PARALLEL WITH CASE
be established, to define their jurisdiction and to Tribunal, exclusive of all other departments, agencies, or AT BAR. — The facts and legal issues in Angara vs.
appropriate funds for their support, the national Assembly organs of government. The power of suspension is Electoral Commission (63 Phil., 139), are in exact parallel
controls the judicial department to a certain extent. The accessory, adjective, complementary, and ancillary to the with those in the case at bar. Since the decision in that case
Assembly also exercises the judicial power of trying substantial power to judge said electoral contests. The has been written, the question as to the Supreme Court's
impeachments. And the judiciary in turn, with the Supreme accessory must follow the principal; the adjective, the jurisdiction to take cognizance and decide controversies
Court as the final arbiter, effectively checks the other substantive; the complementary, the complemented. such as the present one and to grant redress for or against
departments in the exercise of its power to determine the parties like those included in this litigation, has been
law, and hence to declare executive and legislative acts 27. ID.; SENATE; POWER TO SUSPEND MEMBERS, unmistakably and definitely settled in this jurisdiction.
void if violative of the Constitution. LACK OF. — The Senate lacks the power of suspension,
Page | 17
31. CONTEMPT; SUPREME COURT; POWER TO a time), in some particular, who are incorporated by law in nationality of its incumbent unique and single number and
PUNISH SENATOR FOR CONTEMPT. — Should the order to give them some legal advantages particularly that head, the bishop of the diocese. It can be also maintained
respondent senators disobey any order of the Supreme of perpetuity which in their natural persons they could not without fear of being gainsaid that the Roman Catholic
Court, they may be punished for contempt. have . . . (Reid vs. Barry, 93 Fla. 849 112 So. 846). Apostolic Church in the Philippines has no nationality and
Through this legal fiction, church properties acquired by that the frames of the Constitution did not have in mind the
32. CONSTITUTIONAL AND POLITICAL LAW; the incumbent of a corporation sole pass, by operation of religious corporation sole when they provided that 60 per
ELECTIONS; ELECTION CONTESTS; SCOPE UNDER law, upon his death not to his personal heirs but to his centum of the capital thereof be owned by Filipino citizens.
CONSTITUTION. — The election contests mentioned in successor in office. A corporation sole, therefore, is created Thus, if this constitutional provision were not intended for
section 11 of Article VI of the Constitution include contests not only to administer the temporalities of the church or corporation sole, it is obvious that this could not be
"relating to qualifications" of the respective members of the religious society where he belongs, but also to hold and regulated or restricted by said provision.
Senate and of the House of Representatives. transmit the same to his successor in said office.
4. ID.; ID.; ID.; ID.; CONSTITUTIONAL
33. ID., CONSTITUTION; CHARACTER OF. — The 2. ID.; PERSONALITY OF SEPARATE AND DISTINCT REQUIREMENT LIMITED TO OWNERSHIP NOT TO
Constitution of the Philippines is both a grant and a FROM THAT OF ROMAN PONTIFF. — Although a CONTROL. — But the Corporation Law and the Canon
limitation of powers of Government decreed by our people, branch of the Universal Roman Catholic Apostolic Church, Law are explicit in their provisions that a corporation sole
on whom sovereignty resides and from whom all every Roman Catholic Church in different countries, if it or "ordinary" is not the owner of the properties that he may
government authority emanates. exercises its mission and is lawfully incorporated in acquire but merely the administrator thereof and holds the
accordance with laws of the country where it is located, is same in trust for the church to which the corporation is an
34. ID, CONGRESS; LEGISLATIVE POWER NOT considered an entity or person with all the rights and organized and constituents part. Being mere administrator
VESTED IN ANY BRANCH ALONE. — The legislative privileges granted to such artificial being under laws of that of the temporalities or properties titled in his name, the
power is vested in Congress, composed of the Senate and country, separate and distinct from the personality of the constitutional provision requiring 60 per centum Filipino
the House of Representatives, and not in any of its branches Roman Pontiff or the Holy See, without prejudice to its ownership is not applicable. The said constitutional
alone. religious relations with the latter which are governed by the provision is limited by it terms to ownership alone and does
Common Law or their rules and regulations. not extend to control unless the control over the property
e. Roman Catholic Apostolic Administration of Davao, affected has been devised to circumvent the real purpose of
Inc. v. Land Registration Commission, 102 Phil. 596 3. ID.; ID.; POWER AND QUALIFICATION TO the constitution.
(1957), G.R. No. L-8451, December 20, 1957 PURCHASE IN ITS NAME PRIVATE LANDS; 60 PER
CENTUM REQUIREMENT NOT INTENDED TO 5. ID.; CORPORATION SOLE WITHOUT
1. CORPORATIONS SOLE; COMPONENTS AND CORPORATION SOLE. — Under the circumstances of NATIONALITY; NATIONALITY OF CONSTITUENTS
PURPOSE OF; POWER TO HOLD AND TRANSMIT the present case, it is safe to state that even before the DETERMINES WHETHER CONSTITUTIONAL
CHURCH PROPERTIES TO HIS SUCCESSOR IN establishment of the Philippine Commonwealth and of the REQUIREMENTS IS APPLICABLE. — The corporation
OFFICE. — A corporation sole is a special form of Republic of the Philippines every corporation sole then sole by reason of their peculiar constitution and form of
corporation usually associated with clergy . . . designed to organized and registered had by express provision of law operation have no designed owner of its temporalities,
facilitate the exercise of the functions of ownership of the (Corporation Law, Public Act. 1459) the necessary power although by the terms of the law it can be safely implied
church which was regarded as the property owner (I and qualification to purchase in its name private lands that they ordinarily hold them in trust for the benefit of the
Bouvier's Law Dictionary, p. 682-683). It consists of one located in the territory in which it exercised its functions or Roman Catholic faithful of their respective locality or
person only, and his successors (who will always be one at ministry and for which it was created, independently of the diocese. They can not be considered as aliens because they
Page | 18
have no nationality at all. In determining, therefore, largest number of votes in the Senate, on behalf of its 4. ID.; ID.; MOST VITAL FEATURE OF ELECTORAL
whether the constitutional provision requiring 60 per Committee on Rules, contravenes the constitutional TRIBUNALS. — The most vital feature of the Electoral
centum Filipino capital is applicable to corporations sole, mandate that said members of the tribunal shall be chosen Tribunals is the equal representation of the parties having
the nationality of the constituents of the diocese, and not "upon nomination *** of the party having the second the largest and the second largest number of votes in each
the nationality of the actual incumbent of the parish, must largest number of votes" in the Senate, and hence, is null House therein, and the resulting equilibrium to be
be taken into consideration. In the present case, even if the and void. This is not a political question. The Senate is not maintained by the Justices of the Supreme Court as
question of nationality be considered, the aforesaid clothed with "full discretionary authority" in the choice of members of said Tribunals.
constitutional requirement is fully met and satisfied, members of the Senate Electoral Tribunal. The exercise of
considering that the corporation sole in question is its power thereon is subject to constitutional limitations. It 5. ID.; ID.; PROCEDURE PRESCRIBED FOR
composed of an overwhelming majority of Filipinos. is clearly within the legitimate province of the judicial SELECTION OF MEMBERS; COMPLIANCE WITH
department to pass upon the validity of the proceedings in PROCEDURE MANDATORY. — The framers of the
f. Tanada v. Cuenco, 103 Phil. 1051, G.R. No. L-10520, connection therewith. Hence, this Court has, not only Constitution intended to prevent the majority party from
February 28, 1957. jurisdiction, but, also the duty, to consider and determine controlling the Electoral Tribunals, and the structure
the principal issue raised by the parties herein. thereof is founded upon the equilibrium between the
1. CONSTITUTIONAL LAW; SELECTION OF majority and the minority parties therein, with the Justice of
MEMBERS OF THE SENATE ELECTORAL 3. ID.; ID.; MAIN OBJECTION IN PROVIDING THE the Supreme Court, who are members of said Tribunals,
TRIBUNAL; NATURE OF TRIBUNAL. — Although the ESTABLISHMENT OR ELECTORAL TRIBUNALS. — holding the resulting balance of power. The procedure
Constitution provides that the Senate shall choose six (6) The main objective of the framers of the Constitution in prescribed in section 11 of Article VI of the Constitution
Senators to be members of the Senate Electoral Tribunal, providing for the establishment, first, of an Electoral for the selection of members of the Electoral Tribunals is
the letter is part neither of Congress nor of the Senate. Commission, and then of one Electoral Tribunal for each vital to the role they are called upon to play. It constitutes
(Angara vs. Electoral Commission, 63 Phil., 139; Suanes House of Congress was to insure the exercise of judicial the essence of said Tribunals. Hence, compliance with said
vs. Chief Accountant, 81 Phil., 818; 46 Off. Gaz., 462.) impartiality in the disposition of election contests affecting procedure is mandatory, and acts performed in violation
members of the lawmaking body. To achieve this purpose, thereof are null and void.
2. ID.; ID.; MEANING OF "POLITICAL QUESTION"; two devices were resorted to, namely: (a) the party having
CASE AT BAR. — The term "political question" connotes, the largest number of votes, and the party having the 6. ID.; ID.; PRESENT SITUATION NOT FORESEEN BY
in legal parlance, what it means in ordinary parlance, second largest number of votes, in the National Assembly FRAMERS OF THE CONSTITUTION; SPIRIT OF THE
namely, a question of policy. It refers to those questions or in each House of Congress, were given the same number LAW PREVAILS OVER ITS LETTER. — While it is true
which, under the Constitution, are to be decided by the of representatives in the Electoral Commission or Tribunal that the membership of the Senate Electoral Tribunal, in the
people in their sovereign capacity, or in regard to which full so that they may realize that partisan considerations could case at bar, would in effect be limited to seven (7), instead
discretionary authority has been delegated to the not control the adjudication of said cases, and thus be of nine (9), members it must be conceded that the present
Legislature or executive branch of the Government (16 C. induced to act with greater impartiality; and (b) the composition of the Senate, wherein twenty-three (23) of its
J. S., 413). It is concerned with issues dependent upon the Supreme Court was given in said body the same number of members belong to one party and one (1) member belongs
wisdom, not legality, of a particular measure. In the case at representatives as each one of said political parties, so that to another, was not foreseen by the framers of the
bar, the question for determination is whether the election the influence of the former may be decisive and endow said Constitution. Furthermore, the spirit of the law prevails
of two senators, by the Senate, as members of the Senate Commission or Tribunal with judicial temper. over its letter, and the solution herein adopted maintains the
Electoral Tribunal, upon nomination by another senator, spirit of the Constitution, for partisan considerations cannot
who is a member and spokesman of the party having the be decisive in a tribunal consisting of three (3) Justices of
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the Supreme Court, three (3) members nominated by the exigencies, the pressure of which is bound to increase in fundamental law and paving the way to its eventual
majority party and either one (1) or two (2) members proportion to the degree of predominance of the party from destruction.
nominated by the party having the second largest number of which it comes.
votes in the House concerned. 11. STATUTORY CONSTRUCTION; DOCTRINE OF
9. ID.; ID,; ID.; WAIVER OF CONSTITUTIONAL CONTEMPORANEOUS OR PRACTICAL
7. ID,; ID.; ID.; MODERATING ROLE OF JUSTICES OF PROVISIONS INTENDED FOR ONE'S BENEFIT — CONSTRUCTION; WHEN APPLICABLE. — As a
THE SUPREME COURT. — If the Nacionalista Party Although "an individual may waive constitutional general rule, it is only in cases of substantial doubt and
would be allowed to nominate five (5) members to the provisions intended for his benefit," particularly those ambiguity that the doctrine of contemporaneous or practical
Senate Electoral Tribunal instead of three (3), it would have meant for the protection of his property, and, sometimes, construction has any application. Where the meaning of a
the absolute majority, since there would be one (1) member even those tending "to secure his personal liberty" the constitutional provision is clear, a contemporaneous or
of the Citizens Party and three (3) members of the Supreme power to waive does not exist when "public policy or practical executive interpretation thereof is entitled to no
Court, and hence, the philosophy underlying the public morals" are involved. (11 Am. Jur. 765; I Cooley's weight and will not be allowed to distort or in any way
Constitution would be entirely upset. The equilibrium Constitutional Limitations, pp. 368-371) The procedure change its natural meaning. The reason is that the
between the political parties therein would be destroyed, outlined in the Constitution for the organization of the application of the doctrine of contemporaneous
and, what is worse, the decisive moderating role of the Electoral Tribunals was adopted in response to the demands construction is more restricted as applied to the
Justice of the Supreme Court would be wiped out, and, in of the commonweal, and it has been held that "where a interpretation of constitutional provisions than when
lieu thereof, the door would be thrown wide open for the statute is founded on public policy, those to whom it applied to statutory provisions, and that, except as to
predominance of political considerations in the applies should not be permitted to waive its provisions" (82 matters committed by the Constitution itself to the
determination of election protests pending before said C. J. S., 874). discretion of some other department, contemporary or
Tribunal, which is precisely what the fathers of our practical construction is not necessarily binding upon the
Constitution earnestly strove to forestall. 10. ID.; ACTS OF CONGRESS; AUTHORITY OF courts even in a doubtful case. Hence if in the judgment of
COURTS TO PASS UPON THE the court, such construction is erroneous and its further
8. ID.; ID.; RELIANCE BY THE CONSTITUTION UPON CONSTITUTIONALITY. — The provision in the application is not made imperative by any paramount
THE METHOD OF SELECTION ESTABLISHED Constitution vesting the legislative power in the Congress consideration of public policy, it may be rejected (16 C. J.
THEREIN. — When the election of members of Congress of the Philippines does not detract from the power of the S., 71-72)
to the Electoral Tribunal is made dependent upon the courts to pass upon the constitutionality of act of Congress.
nomination of the political parties referred to in the Since judicial power includes the authority to inquire into 12. ID.; CONFLICT BETWEEN SPIRIT AND LETTER
Constitution, the latter thereby indicates its reliance upon the legality of statutes enacted by the two Houses of OF A STATUTE. — As a general rule of statutory
the method of selection thus established, regardless of the Congress, and approved by the Executive there can be no construction, the spirit or intention of a statute prevails over
individual qualities of those chosen therefor. The delegates reason why the validity of an act of one of said Houses like the letter thereof, and whatever is within the spirit of a
to the Convention did not ignore the fact that the that of any other branch of the Government, may not be statute is within the statute although it is not within the
Constitution must limit itself to giving general patterns or determined in the proper actions. In fact, whenever the letter thereof, while that which is within the letter, but not
norms of action. In connection, particularly with the conducting claims of the parties to a litigation cannot within the spirit of a statute, is not within the statute, but,
composition of the Electorals, they believed that, even the properly be settled without inquiring into the validity of an the letter of it is not to be disregarded on the pretext of
most well meaning individuals often find it difficult to act of Congress or of either House thereof, the courts have, pursuing its spirit. (82 C.J.S., 613)
shake of the bias and prejudice created by political not only jurisdiction to pass upon said issue, but, also, the
antagonisms and to resist the demands of political duty to do so, which cannot be evaded without violating the
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g. Chiongbian v. De Leon, 82 Phil. 771, G.R. No. L-2007, best, negative guides, which cannot prevail over the Such threat of punishment for making a claim of the
January 31, 1949 positive provisions of the finally adopted Constitution. privilege leaves the witness no choice but to answer and
thereby forfeit the immunity purportedly granted by Sec. 5.
1. CONSTITUTIONAL LAW; CITIZENSHIP; HOLDING 4. CONTRACT OF SALE; HONEST ERROR The absurdity of such application is apparent — Sec. 5
PUBLIC OFFICE THROUGH ELECTION BEFORE COMMITTED IS NOT MISREPRESENTATION; CASE requires a claim which it, however, forecloses under threat
ADOPTION OF THE CONSTITUTION; LEGITIMATE AT BAR. — Respondent's allegation that the petitioner of contempt proceedings against anyone who makes such
MINOR CHILD. — Upon the adoption of the Constitution, violated the contract of sale with the Philippine Shipping claim. But the strong testimonial compulsion imposed by
V. C., father of herein petitioner, having been elected to a Administration on the ground of misrepresentation, Section 5 of P.D. 1886 viewed in the light of the sanctions
public office in the Philippines before the adoption of the petitioner having alleged in said contract that his father was provided in Section 4, infringes upon the witness' right
Constitution, became a Filipino citizen by virtue of Article a naturalized Filipino, is without merit. Held: That such against self-incrimination. As a rule, such infringement of
IV, section 1, subsection 2 of the Constitution. W. C., the was not a deliberate misrepresentation but an error which the constitutional right renders inoperative the testimonial
herein petitioner, who was then a minor, also became a any person not versed in the law is prone to commit. It is compulsion, meaning, the witness cannot be compelled to
Filipino by reason of subsection 3 (Article IV) of the clear that petitioner merely meant that his father was a answer UNLESS a co-extensive protection in the form of
Constitution, his father having become a Filipino citizen Filipino citizen by operation of law and not by birth. IMMUNITY is offered. 37 Hence, under the oppressive
upon the adoption of said Constitution. This is also in compulsion of P.D. 1886, immunity must in fact be offered
conformity with the settled rule in our jurisprudence that a h. Galman v. Pamaran, 138 SCRA 294, G.R. Nos. to the witness before he can be required to answer, so as to
legitimate minor child follows the citizenship of his father. 71208-09, 71212-13, August 30, 1985 safeguard his sacred constitutional right. But in this case,
the compulsion has already produced its desired results —
2. ID.; ID.; INTENTION OF FRAMERS OF THE The aforequoted provision renders inadmissible any the private respondents had all testified without offer of
CONSTITUTION; NO PROVISION THEREIN WAS confession obtained in violation thereof. As herein earlier immunity. Their constitutional rights are therefore, in
INTENDED ONLY FOR BENEFIT OF ONE PERSON. discussed, this exclusionary rule applies not only to jeopardy. The only way to cure the law of its
— The members of the Constitutional Convention could confessions but also to admissions, whether made by a unconstitutional effects is to construe it in the manner as if
not have dedicated a provision of our Constitution merely witness in any proceeding or by an accused in a criminal IMMUNITY had in fact been offered. We hold, therefore,
for the benefit of one person without considering that it proceeding or any person under investigation for the that in view of the potent sanctions imposed on the refusal
could also affect others. When they adopted subsection 2, commission of an offense. to testify or to answer questions under Sec. 4 of P.D. 1886,
they permitted, if not willed, that said provision should the testimonies compelled thereby are deemed immunized
function to the full extent of its substance and its terms, not Any interpretation of a statute which will give it a meaning under Section 5 of the same law. The applicability of the
by itself alone, but in conjunction with all other provisions in conflict with the Constitution must be avoided. So much immunity granted by P.D. 1886 cannot be made to depend
of that great document. They adopted said provision fully so that if two or more constructions or interpretations could on a claim of the privilege against self-incrimination which
cognizant of the transmissive essence of citizenship as possibly be resorted to, then that one which will avoid the same law practically strips away from the witness.
provided in subsection 3. Had it been their intention to unconstitutionality must be adopted even though it may be
curtail the transmission of citizenship in such a particular necessary for this purpose to disregard the more usual and IV. ORDINARY SENSE VS. TECHNICAL SENSE
case, they would have so clearly stated. apparent import of the language used. 34 To save the
statute from a declaration of unconstitutionality it must be a. J.M. Tuason & Co., Inc. v. Land Tenure
3. ID.; ID.; DELETIONS IN THE PRELIMINARY given a reasonable construction that will bring it within the Administration, G.R. No. 21064, February 18, 1970
DRAFTS OF THE CONVENTION, EFFECT OF. — fundamental law. Apparent conflict between two clauses
Deletions in the preliminary drafts of the Convention are, at should be harmonized.
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1. POLITICAL LAW; CONSTITUTIONAL LAW; subdivided for resale to those in need of them. Nor can it be but men of affairs, at home in statecraft, laying down the
POWER OF JUDICIAL REVIEW; EXPRESS OR doubted either that as to when such authority may be foundations of a government which can make effective and
IMPLIED FROM THE PROVISIONS OF THE exercised is purely for Congress to decide. Its discretion on operative all the powers conferred or assumed, with the
CONSTITUTION. — The power of judicial review is the matter is not to be interfered with. The language corresponding restrictions to secure individual rights and,
granted, if not expressly, at least by clear implication from employed is not swathed in obscurity. The recognition of anticipating, subject to the limitations of human foresight,
the relevant provisions of the Constitution. It is exercised the broad congressional competence is undeniable. The the problems that events to come in the distant days ahead
when the party adversely affected by either a legislative or judiciary in the discharge of its task to enforce will bring. Thus a constitution, to quote from Justice
executive act, or a municipal ordinance for that matter, files constitutional commands and prohibitions is denied the Cardozo, "states or ought to state not rules for the passing
the appropriate suit to test its validity. prerogative of curtailing its well-nigh all-embracing sweep. hour, but principles for an expanding future."

2. ID.; ID.; FUNDAMENTAL PRINCIPLE OF 4. ID.; ID.; PERMANENCY OF CONSTITUTION, ITS 5. ID.; ID.; EMINENT DOMAIN, FLEXIBLE CONCEPT
CONSTITUTIONAL CONSTRUCTION. — The words in DISTINGUISHING MARK. — The character of APPLIED TO CASE AT BAR. — The conclusion is
which constitutional provisions are couched express the permanency is the distinguishing mark of a constitution. It difficult to resist that the text of the constitutional provision
objective sought to be attained. They are to be given their was the view of Pres. Manuel A. Roxas, one of the chief in question, its historical background as noted in
ordinary meaning except where technical terms are architects of the fundamental law, that the constitution to be pronouncements in the Constitutional Convention and the
employed in which case the significance thus attached to adopted by the Constitutional Convention of 1934 would inexonerable need for the Constitution to have the capacity
them prevails. The Constitution is not to be construed "have an indefinite life, will be permanent, subject of for growth and ever be adaptable to changing social and
narrowly or pedantically, for the prescriptions therein course, to revisions, amendments and other changes that economic conditions all argue against its restrictive
contained, to paraphrase Justice Holmes, are not may be adopted constitutionally." That would be an construction. Such an approach was reflected succinctly in
mathematical formulas having their essence in their form, assurance that constitutional guarantees "will be the dissenting opinion of Justice J.B.L Reyes, concurred in
but are organic living institutions, the significance of which maintained, property rights will be safeguarded and by the present Chief Justice, in the Baylosis case which
is vital nor formal. There must be an awareness, as with individual rights maintained immaculate and sanctified. . . reads as follows: "The reasons set forth by it against the
Justice Brandeis, not only of what has been, but of what .." Another prominent delegate, Gregorio Perfecto, later a validity of the proposed expropriation are arguments
may be. The words employed by it are not to be construed member of this Tribunal, aptly noted that the transitory against the expropriation policies adopted by the
to yield fixed and rigid answers but as impressed with the character is essentially incompatible with the nature of government rather than reasons against the existence and
necessary attributes of flexibility and accommodation to laws, and necessarily so of a constitution, which is the application of the condemnation power in the present case.
enable them to meet adequately whatever problems the supreme law of a people and therefore must be impressed The propriety of exercising the power of eminent domain
future has in store. It is not, in brief, a printed finality but a with such attribute of permanency, much more than under Article XIII, section 4 of our Constitution can not be
dynamic process. ordinary statutes passed under its authority. It could thus be determined on a purely quantitative or area basis. Not only
said of our Constitution as of the U. S. Constitution, to does the constitutional provision speak of lands instead of
3. ID.; ID.; EMINENT DOMAIN; CONGRESSIONAL borrow from Chief Justice Marshall's pronouncement in landed estates, but I see no cogent reason why the
POWER TO EXPROPRIATE LANDS FOR RESALE, M'Culloch v. Maryland (4 Wheat 316 [1819]), that it is government, in its quest for social justice and peace, should
BROAD AND FAR FROM LIMITED. — It does not "intended to endure for ages to come and consequently, to exclusively devote attention to conflicts of large
admit of doubt that the congressional power to expropriate be adapted to the various crisis of human affairs." In the proportions, involving a considerable number of
lands for resale conferred by the constitution is far from language of another American jurist, Chief Justice Stone, it individuals, and eschew small controversies and wait until
limited. It has been left to the legislative will to determine is "a continuing instrument of government." Its framers they grow into a major problem before taking remedial
what lands may be expropriated so that they could be were not visionaries, toying with speculations or theories, action. The Constitution considered the small individual
Page | 22
land tenure to be so important to the maintenance of peace inconsistent with every just principle and fundamental circumstances or that all persons must be treated in the
and order and to the promotion of progress and the general maxim of a free government." same manner, the conditions not being different, both in the
welfare that it not only provided for the expropriation and privileges conferred and the liabilities imposed. Favoritism
subdivision of lands but also opened the way for the 8. ID.; ID.; DUE PROCESS, LIMITATION ON POWER and undue preference cannot be allowed. For the principle
limitation of private land holdings. It is not for this Court to OF EMINENT DOMAIN. — The requirement of due is that equal protection and security shall be given to every
judge the worth of these and other social and economic process is likewise a limitation on the power of eminent person under circumstances, which if not identical are
policies expressed by the Constitution; our duty is to domain. A landowner is covered by the mantle of its analogous. If law be looked upon in terms of burden or
conform to such policies and not to block their realization." protection. It is a mandate of reason. It frowns on charges, those that fall within a class should be treated in
arbitrariness, it is the antithesis of any governmental act the same fashion, whatever restrictions cast on some in the
6. ID.; ID.; POWER OF EMINENT DOMAIN; NOT that smacks of whim or caprice. It negates state power to group equally binding on the rest. With due recognition
WITHOUT LIMIT; JUST COMPENSATION, act in an oppressive manner. It is, as had been stressed so then of the power of Congress to designate the particular
STANDARD. — There need be no fear that such often, the embodiment of the sporting idea of fair play. In property to be taken and how much thereof may be
constitutional grant of power to expropriate lands is without that sense, it stands as a guaranty of justice. That is the condemned in the exercise of the power of expropriation, it
limit. There is the explicit requirement of the payment of standard that must be met by any governmental agency in is still a judicial question whether in the exercise of such
just compensation. It is well-settled that just compensation the exercise of whatever competence is entrusted to it. As competence, the party adversely affected is the victim of
means the equivalent for the value of the property at the was so emphatically stressed by the present Chief Justice, partiality and prejudice. That the equal protection clause
time of its taking. Anything beyond that is more, and "acts of Congress, as well as those of the Executive, can will not allow.
anything short of that is less, than just compensation. It deny due process only under pain of nullity, . . . ."
means a fair and full equivalent for the loss sustained, 10. ID.; ID.; EQUAL PROTECTION; CONGRESS
which is the measure of the indemnity, not whatever gain 9. ID.; ID.; EQUAL PROTECTION CLAUSE LIKEWISE AUTHORIZED BY CONSTITUTION TO ESTABLISH A
would accrue to the expropriating entity. The market value LIMITS POWER OF EMINENT DOMAIN. — The equal SYSTEM OF PRIORITIES. — There is nothing to prevent
of the land taken is the just compensation to which the protection guarantee must be satisfied for the exercise of Congress in view of the public funds at its disposal to
owner of condemned property is entitled, the market value eminent domain to be valid. The Constitution requires that follow a system of priorities. It could thus determine what
being that sum of money which a person desirous, but not no person be denied "the equal protection of the laws." The lands would first be the subject of expropriation. This it did
compelled to buy, and an owner, willing, but not compelled assumption underlying such a guaranty is that a legal norm, under the challenged legislative act. As already noted,
to sell, would agree on as a price to be given and received whether embodied in a rule, principle, or standard, Congress was moved to act in view of what it considered a
for such property. constitutes a defense against one extreme and tyranny at the serious social and economic problem. The solution which
other. Thereby, people living together in a community with for it was the most acceptable was the authorization of the
7. ID.; ID.; EMINENT DOMAIN; TAKING MUST BE its myriad and complex problems can minimize the friction expropriation of the Tatalon Estate. So it provided under
FOR PUBLIC USE. — Public use must be shown to exist and reduce the conflicts, to assure, at the very least, a the statute in question. It was confronted with a situation
before such power may be validly exercised. In the peaceful ordering of existence. The ideal situation is for the that called for correction, and the legislation that was the
language of Justice Tuason in the Guido decision, "the law's benefits to be available to all, that none be placed result of its deliberation sought to apply the necessary
assertion of the right on the part of the legislature to take outside the sphere of its coverage. Only thus could chance palliative. That it stopped short of possibly attaining the
the property of one citizen and transfer it to another, even and favor be excluded and the affairs of men governed by cure of other analogous ills certainly does not stigmatize its
for a full compensation, when the public interest is not that serene and impartial uniformity, which is of the very effort as a denial of equal protection. We have given our
promoted thereby, is claiming a despotic power, and one essence of the idea of law. It suffices then that the laws sanction to the principle underlying the exercise of police
operate equally and uniformly on all persons under similar power and taxation, but certainly not excluding eminent
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domain, that "the legislature is not required by the constitutional power of Congress to expropriate lands is 1. CONSTITUTIONAL LAW; EMINENT DOMAIN;
Constitution to adhere to the policy of 'all or none'." well nigh all embracing and forecloses the courts from CONGRESSIONAL POWER TO EXPROPRIATE
inquiring into the necessity for the taking of the property. LANDS FOR RESALE, UNLIMITED; JUST
11. ID.; ID.; JUDICIAL REVIEW; ROLE OF THE Does not the need for a more serious scrutiny as to the COMPENSATION, A PART OF THE POWER
COURTS IN THE CONSTRUCTION OF SOCIO- power of Congress to single out a particular piece of GRANTED TO CONGRESS. — The power granted to
ECONOMIC LEGISLATION. — In the appraisal of property for expropriation, acknowledged in the main Congress by the Constitution to "authorize, upon payment
government measures with social and economic opinion, call for judicial scrutiny, with all the facts in, as to of just compensation, the expropriation of lands to be
implications the courts should test the validity of the the need for the expropriation for full opportunity to dispute subdivided into small lots and conveyed at cost to
challenged statute in the light of the broad congressional the legislative appraisal of the matter? Who should bear the individuals" is unlimited by any other provision of said
power so apparent from the text of the constitutional burden of demonstrating that the equal protection guarantee Constitution. Just compensation is in reality a part of the
provision, the historical background and the cardinal had been observed, the State or the owner whose property power granted rather than a limitation thereto, just as just
postulate underlying constitutional construction that its has been singled out? compensation is of the essence in any exercise of the power
provisions are not to be interpreted to preclude their being of eminent domain, as, otherwise, it would be plain
responsive to future needs. In no other sphere of judicial 3. ID.; CONTRACTUAL RIGHTS RECONCILED WITH commandeering.
activity are judges called upon to transcend personal POWER OF EMINENT DOMAIN. — The main opinion
predilections and private notions of policy, lest legislation acknowledges that existing contractual rights that have 2. ID.; ID.; INHERENT POWER OF GOVERNMENT. —
intended to bring to fruition the hope of a better life for the been acquired by vendor and purchasers of subdivided lots The power of eminent domain, in general, is an inherent
great masses of our people, as embodied in the social of the property shall be accorded the appropriate power of any government, as, otherwise, it would be
justice principle of which this constitutional provision constitutional protection of non-impairment at the extremely difficult, if not impossible, for the government to
under scrutiny is a manifestation, be unjustifiably stricken expropriation proceedings. In view of the cardinal principle adequately respond to the demands of public need and
down. of eminent domain that just compensation of the market interest.
value of the land must be paid as well as of the
TEEHANKEE, J., concurring and dissenting: constitutional limitation that the land be conveyed at cost to 3. ID.; ID.; CONGRESSIONAL POWER TO
the individuals concerned, respondents may well consider EXPROPRIATE LANDS FOR RESALE; PUBLIC USE;
1. CONSTITUTIONAL LAW; FACTS THAT NEED BE that the objectives of the Act may be accomplished more GOVERNMENT NOT REQUIRED TO PRESENT
ESTABLISHED TO BRING ACT WITHIN expeditiously by a direct purchase of the available unsold PROOF OF PUBLIC USE. — As a statement of principle,
CONSTITUTIONAL LIMITS. — Before the vital issues lots for resale at cost to the remaining bona fide occupants it is right to reiterate as the main opinion does, that "for the
of: (a) necessity of the taking and (b) whether it is for the in accordance with the Act's provisions or by extending valid exercise of such (the) congressional power, (to
public use, may be resolved, the factual questions regarding financial assistance to enable them to purchase directly the expropriate lands for the purpose indicated) that the taking
the area of the Tatalon Estate covered by the act and the unsold lots from petitioner. Nothing can be gained by be for public use", but it is entirely a different matter to
bona fide occupants of the property who shall be the respondents from the institution of expropriation imply that in the judicial proceeding instituted towards such
beneficiaries thereof should first be determined to bring the proceedings, when petitioner-owner is actually selling the end, the Government is still required to present evidence of
questioned Act within confines of constitutional limits. property in subdivided lots. such public use as a fact.

2. ID.; POWER OF CONGRESS TO EXPROPRIATE, BARREDO, J., concurring: b. Ordillo v. Commission on Elections, 192 SCRA 100,
CONCEPTUALIZED, UNANSWERED QUESTIONS. — G.R. No. 93054, December 4, 1990
Dissent is hereby made to the observation that the
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The sole province of Ifugao cannot validly constitute the understood in the sense it has in common use and that the c. Marcos v. Chief of Staff, 89 Phil. 246, G.R. No. L-
Cordillera Autonomous Region. words used in constitutional provisions are to be given their 4663, L-4671, May 30, 1951
ordinary meaning except where technical terms are
It is explicit in Article X, Section 15 of the 1987 employed, must then, be applied in this case. 1. CONSTITUTIONAL LAW; COURT-MARTIAL;
Constitution that: ATTORNEY-AT-LAW; MEMBERS OF CONGRESS
Aside from the 1987 Constitution, a reading of the NOT ALLOWED TO APPEAR AS COUNSEL IN
"Section 15. There shall be created provisions of Republic Act No. 6766 strengthens the COURT-MARTIAL. — The provisions of section 17,
autonomous regions in Muslim Mindanao petitioner's position that the Region cannot be constituted Article VI of the Constitution prohibiting Senator or
and in the Cordillera consisting of from only one province. member of the House of Representatives to appear as
provinces, cities, municipalities and counsel for the accused in "any court" includes the General
geographical areas sharing common and Article III, Sections 1 and 2 of the Statute provide that the Court-Martial. A court-martial case is a criminal case
distinctive historical and cultural heritage, Cordillera Autonomous Region is to be administered by the within the meaning of this section of the Constitution. The
economic and social structures, and other Cordillera government consisting of the Regional words "any court" used in prohibiting members of Congress
relevant characteristics within the Government and local government units. It further provides to appear as counsel "in any criminal case in which an
framework of this Constitution and the that: officer or employee of the Government is accused of an
national sovereignty as well as territorial offense committed in relation to his office," refers, not only
integrity of the Republic of the "SECTION 2. The Regional Government to a civil, but also to a Military court of a Court-Martial.
Philippines." shall exercise powers and functions
necessary for the proper governance and 2. ID.; CONSTRUCTION AND INTERPRETATION;
The keywords — provinces, cities, municipalities and development of all provinces, cities, RESTRICTED AND GENERAL MEANING OF WORDS.
geographical areas connote that "region" is to be made up municipalities, and barangay or ili within — In construing a Constitution, it must be taken as
of more than one constituent unit. The term "region" used the Autonomous Region . . ." established that where words are used which have both a
in its ordinary sense means two or more provinces. This is restricted and a general meaning, the general must prevail
supported by the fact that the thirteen (13) regions into From these sections, it can be gleaned that Congress never over the restricted unless the nature of the subject matter of
which the Philippines is divided for administrative purposes intended that a single province may constitute the the context clearly indicates that the limited sense is
are groupings of contiguous provinces. (Integrated autonomous region. Otherwise, we would be faced with the intended.
Reorganization Plan (1972), which was made as part of the absurd situation of having two sets of officials, a set of
law of the land by P.D. No. 1; P.D. No. 742) Ifugao is a provincial officials and another set of regional officials 3. ID.; COURTS; COURT-MARTIAL; CONSTRUCTION
province by itself. To become part of a region, it must join exercising their executive and legislative powers over AND INTERPRETATION; WORDS "INFERIOR
other provinces, cities, municipalities, and geographical exactly the same small area. COURTS" USED IN CONNECTION WITH APPELLATE
areas. It joins other units because of their common and JURISDICTION OF SUPREME COURT. — The words
distinctive historical and cultural heritage, economic and Article V, Sections 1 and 4 of Republic Act 6766 vest the inferior courts" used in connection with the appellate
social structures and other relevant characteristics. The legislative power in the Cordillera Assembly whose jurisdiction of the Supreme Court to "review on appeal
Constitutional requirements are not present in this case. llcd members shall be elected from regional assembly districts certiorari or writ of error, as the law or rules of court may
apportioned among provinces and the cities composing the provide, final judgments of inferior courts in all criminal
The well-established rule in statutory construction that the Autonomous Region. cases in which the penalty imposed is death or life
language of the Constitution, as much as possible should be imprisonment," as provided for in section 2, Article VIII of
Page | 25
the Constitution, do not refer to Courts- Martial or Military Army did not cease to be fully in the service, though, in a petitioners operated under the orders of duly established
Courts. (Ruffy vs. Chief of Staff of the Philippine Army, 43 measure, only in a measure, they were not subject to the and duly appointed commanders of the United States Army.
Off. Gaz., 855). military jurisdiction, if they were not in active duty. In the
latter case, like officers and soldiers on leave of absence or 4. CONSTITUTIONAL LAW; 93D ARTICLE OF WAR,
4. ID.; COURT-MARTIAL; ATTORNEY-AT-LAW; held as prisoners of war, they could not be held guilty of a CONSTITUTIONALITY OF; ABSENCE OF APPEAL
TRIAL; RIGHT OF ACCUSED TO BE REPRESENTED breach of the discipline of the command or of a neglect of TO SUPREME COURT FROM JUDGMENTS OF
BY COUNSEL IN A COURT-MARTIAL. — A duty, or disobedience of orders, or mutiny or subject to a COURTS MARTIAL IMPOSING DEATH OR LIFE
constitutional provision extending to the accused the right military trial therefor; but for an act unbecoming an officer IMPRISONMENT; COURT MARTIAL, NATURE OF. —
to be represented by counsel in any trial court whatever, and a gentleman, or an act which constitutes an offense of The 93d Article of War which fails to allow a review by the
applies to a court-martial and gives the accused the the class specified in the 95th Article of War, they may in Supreme Court of judgments of courts martial imposing
undeniable right to defend by counsel, and a court-martial general be legally held subject to military jurisdiction and death or life imprisonment does not violate Article VIII,
has no power to refuse an attorney the right to appear trial. section 2, paragraph 4, of the Constitution which provides
before it if he is properly licensed to practice in the courts that "the National Assembly may not deprive the Supreme
of the country. 2. ID.; ID.; ID.; SUSPENSION OF LAWS OF Court of its original jurisdiction over all criminal cases in
POLITICAL NATURE DURING MILITARY which the penalty imposed is death or life imprisonment."
5. ID.; ID; COURT; COURT-MARTIAL AS A COURT. OCCUPATION, EXTENT OF. — The rule that laws of Courts martial are agencies of executive character, and one
— The fact that a judgment of conviction, not of acquittal, political nature or affecting political relations are of the authorities "for the ordering of courts martial has
rendered by a court-martial must be approved by the considered superseded or in abeyance during the military been held to be attached to the constitutional functions of
reviewing authority before it can be executed (Article of occupation, is intended for the governing of the civil the President as Commander in Chief, independently of
War 46), does not change or affect the character of a court- inhabitants of the occupied territory. It is not intended for legislation." Unlike courts of law, they are not a portion of
martial as a court. and does not bind the enemies in arms. the judiciary.

6. ID.; ID.; ID.; DOUBLE JEOPARDY PROSECUTION 3. ID.; ID.; ID.; PERSONS SUBJECT TO MILITARY e. Krivenko v. Register of Deeds, 79 Phil. 461, G.R. No.
OF ACCUSED BEFORE COURT-MARTIAL. — A court- LAW; CASE AT BAR. — Petitioners come within the L-630, November 15, 1947
martial is a court, and the prosecution of an accused before general application of the clause in sub- paragraph (a) of
it is a criminal not an administrative case, and therefore it Article 2 of the 2d Article of War; "and all other persons 1. CONSTITUTIONAL LAW; JUDICIAL POLICY;
would be, under certain conditions, a bar to another lawfully called, drafted, or ordered into, or to duty or for CONSTITUTIONAL QUESTION SHOULD BE
prosecution of the defendant for the same offense, because training in, the said service, from the dates they are AVOIDED IF POSSIBLE. — The rule that a court should
the latter would place the accused in double jeopardy. required by the terms of the call, draft, or order to obey the not pass upon a constitutional question if its decision may
same." By their acceptance of appointments as officers in be made to rest upon other grounds, does not mean that to
d. Ruffy v. Chief of Staff, 75 Phil. 875, G.R. No. L-533, the Bolo Area from the General Headquarters of the 6th avoid a constitutional question, the court may decline to
August 20, 1946 Military District, they became members of the Philippine decide the case upon the merits. In the instant case, the only
Army amenable to the Articles of War. The Bolo Area issue is a constitutional question which is unavoidable if the
1. WAR; MILITARY OCCUPATION OF PHILIPPINES; received supplies and funds for the salaries of its officers case is to be decided upon the merits. And the court cannot
STATUS OF OFFICERS AND MEN OF PHILIPPINE and men from the Southwest Pacific Command. As officers avoid rendering its decision simply because it has to avoid
ARMY. — By the occupation of the Philippines by in the Bolo Area and the 6th Military District, the the constitutional question. It cannot, for instance, grant
Japanese forces, the officers and men of the Philippine appellant's motion withdrawing his appeal only because the
Page | 26
constitutional issue should be avoided. Whether that motion residential lands. It may safely be presumed, therefore, that leased, but not sold, to aliens, and the lease granted shall
should be, or should not be, granted, is a question involving what the members of the Constitutional Convention had in only be valid while the land is used for the purposes
different considerations. mind when they drafted the Constitution was this well- referred to. The exclusion of sale in the new Act is
known classification and its technical meaning then undoubtedly in pursuance of the constitutional limitation,
2. ID.; APPEAL; WITHDRAWAL OF APPEAL prevailing. and this again is another legislative construction that the
DISCRETIONARY UPON THE COURT AFTER BRIEFS term "public agricultural land" includes land for residence
ARE PRESENTED. — Withdrawal of appeal after briefs There seems to be no question among members of this purposes.
are presented, may or may not be granted in the discretion Court that the phrase "public agricultural lands" appearing
of the court, according to the rules. In the instant case, in section 1 of Article XIII of the Constitution includes The legislative interpretation is also in harmony with the
withdrawal was denied because under the circumstances, residential lands. And this is in conformity with a interpretation given by the Executive Department of the
particularly the circular of the Department of Justice issued legislative interpretation given after the adoption of the Government. Way back in 1939, Secretary of Justice Jose
while this case was pending before this Court and ordering Constitution. Well known is the rule that "where the Abad Santos rendered an opinion holding that under the
all registers of deeds to accept for registration all transfers Legislature has revised a statute after a Constitution has Constitution, the phrase "public agricultural lands" includes
of residential lots to aliens, together with the circumstance been adopted, such a revision is to be regarded as a residential lands.
that probably a similar question may never come up again legislative construction that the statute so revised conforms
before this Court, the effect of the withdrawal would be to the Constitution." Soon after the Constitution was 4. PRIVATE AGRICULTURAL LANDS UNDER THE
offensive to the opinion reached by a majority of the adopted, the National Assembly revised the Public Land CONSTITUTION. — Under section 2 of Article XIII of
members of the Court after long and exhaustive Law and passed Commonwealth Act No. 141, and sections the Constitution, "natural resources, with the exception of
deliberations on the constitutional question. To allow the 58, 59 and 60 thereof permit the sale of residential lots to public agricultural land, shall not be alienated," and with
withdrawal under such circumstances is equivalent to Filipino citizens or to associations or corporations respect to public agricultural lands, their alienation is
tolerating an offense to the constitution, offense which may controlled by such citizens, which is equivalent to a solemn limited to Filipino citizens. But this constitutional purpose
be permanent. declaration that residential lots are considered as of conserving agricultural resources in the hands of Filipino
agricultural lands, for, under the Constitution, only citizens may easily be defeated by the Filipino citizens
3. CLASSIFICATION OF LANDS OF THE PUBLIC agricultural lands may be alienated. themselves who may transfer their agricultural lands in
DOMAIN UNDER THE CONSTITUTION. — When favor of aliens. It is partly to prevent this result that section
section 1, Article XIII, of the Constitution, with reference Furthermore, prior to the Constitution, under section 24 of 5 is included in Article XIII, which reads: "Save in cases of
to lands of the public domain, makes mention of only Public Land Act No. 2874, aliens could acquire public hereditary succession, no private agricultural land shall be
agricultural, timber and mineral lands, it undoubtedly agricultural lands used for industrial or residential transferred or assigned except to individuals, corporations,
means that all lands of the public domain are classified into purposes, but after the Constitution and under section 23 of or associations qualified to acquire or hold lands of the
said three groups, namely, agricultural, timber and mineral. Commonwealth Act No. 141, the right of aliens to acquire public domain the Philippines." This constitutional
And this classification finds corroboration in the such kind of lands is completely stricken out, undoubtedly provision closes the only remaining avenue through which
circumstance that at the time of the adoption of the in pursuance of the constitutional limitation. And, again, agricultural resources may leak into aliens' hands. It would
Constitution, that was the basic classification existing in the prior to the Constitution, under section 57 of Public Land certainly be futile to prohibit the alienation of public
public laws and judicial decision in the Philippines, and the Act No. 2874, land of the public domain suitable for agricultural lands to aliens if, after all, they may be freely
term "public agricultural lands" under said classification residence or industrial purposes could be sold or leased to so alienated upon their becoming private agricultural lands
has always been construed as referring to those lands that aliens, but after the Constitution and under section 60 of in the hands of Filipino citizens. Undoubtedly, as above
were neither timber nor mineral, and as including Commonwealth Act No. 141, such land may only be indicated, section 5 is intended to insure the policy of
Page | 27
nationalization contained in section 1. both sections must, private residential lots. Indeed, the prohibition as to private obnoxious to the conservative spirit of the Constitution is
therefore, be read together for they have the same purpose residential lands will eventually become more important, beyond question.
and the same subject matter. It must be noticed that the for time will come when, in view of the constant
persons against whom the prohibition is directed in section disposition of public lands in favor private individuals, V. SELF-EXECUTING VS. NON-SELF-EXECUTING
5 are the very same persons who under section 1 are almost all, if not all, the residential lands of the public
disqualified to acquire or hold lands of the public domain in domain shall have become private residential lands. a. Knights of Rizal v. DMCI Homes, Inc., G.R. No.
the Philippines. And the subject matter of both sections is 213948, April 25, 2017
the same, namely, the non-transferability of agricultural The constitutional intent is made more patent and is
land to aliens. Since "agricultural land" under section 1 strongly implemented by an Act of the National Assembly No, The SC ruled that there was no law prohibiting the
includes residential lots, the same technical meaning should passed soon after the Constitution was approved. We are construction of the project. It was not even considered as
be attached to "agricultural land" under section 5. It is a referring again to Commonwealth Act No. 141. Prior to the contrary to morals, customs and public order. The project
rule of statutory construction that a word or phrase repeated Constitution, there were in the Public Land Act No. 2874 was way well from the Park where the monument was
in a statute will bear the same meaning throughout the provisions contained in section 120 and 121 thereof which located. The SC ruled further that a mandamus did not lie
statute, unless a different intention appears. The only granted to aliens the right to acquire private agricultural against the City of Manila. It is categorically clear that “a
difference between "agricultural land" under section 1 and lands only by way of reciprocity. Then came the mandamus is issued when there is a clear legal duty
"agricultural land" under section 5, is that the former is Constitution, and Commonwealth Act No. 141 was passed imposed upon the office or the officer sought to be
public and the latter, private. But such difference refers to containing sections 122 and 123 which strike out compelled to perform an act, and the party seeking
ownership and not to the class of land. The lands are the completely the right of reciprocity granted to aliens. This, mandamus has a clear legal right to the performance of
same in both sections, and, for the conservation of the undoubtedly, is to conform to the absolute policy contained such act.” In the case at bar, such factors were wanting.
national patrimony, what is important is the nature or class in section 5 of Article XIII of the Constitution, which, in Nowhere was it found in the ordinance, or in any Law or
of the property regardless of whether it is owned by the prohibiting the alienation of private agricultural lands to rule that the construction of such building outside the Rizal
State or by its citizens. aliens, grants them no right of reciprocity. Park was prohibited if the building was within the
background sightline or vision of the Rizal Monument.
If, as conceded by all the members of this Court, residential 5. EFFECT UPON THE SPIRIT OF THE Thus, the petition was lacking of merit and, thus dismissed.
lands of the public domain should be considered as CONSTITUTION OF NOT CONSIDERING
agricultural lands to be protected as part of the national RESIDENTIAL LANDS AS AGRICULTURAL LANDS. Even the KOR could not point to any law that respondent
patrimony, there can be no reason why residential lands of — If the term "private agricultural lands" is to be construed City of Manila had violated and could only point to
private ownership should not deserve the same as not including residential lots or lands not strictly declarations of policies by the NHCP and the Venice
consideration and protection. There is absolutely no agricultural, the result would be that aliens may freely Charter which do not constitute clear legal bases for the
difference in nature, character, value or importance to the acquire and possess not only residential lots and houses for issuance of a writ of mandamus. The Venice Charter is
nation between a residential land of the public domain and themselves but entire subdivisions, and whole towns and merely a codification of guiding principles for the
a residential land of private ownership, and, therefore, both cities, and that they may validly buy and hold in their preservation and restoration of ancient monuments, sites,
should equally be considered as agricultural lands to be names lands of any area for building homes, factories, and buildings. It brings together principles in the field of
protected as part of the national patrimony. Specially is this industrial plants, fisheries, hatcheries, schools, health and historical conservation and restoration that have been
so where, as indicated above, the prohibition as to the vacation resorts, markets, golf courses, playgrounds, developed, agreed upon, and and laid down by experts over
alienation of public residential lots may become airfields, and a host of other uses and purposes that are not, the years. Each country, however, remains “responsible for
superfluous if the same prohibition is not equally applied to in appellant's words, strictly agricultural. That this is applying the plan within the framework of its own culture
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and traditions.” The Venice Charter is not a treaty and The presumption of a natural-born citizenship of the constitution that law or contract whether promulgated by
therefore does not become enforceable as law. The foundlings stems from the presumption that their parents the legislative or by the executive branch or entered into by
Philippines is not legally bound to follow its directive, as in are nationals of the Philippines. Adopting the legal private persons for private purposes is null and void and
fact, these are not directives but mere guidelines- a set of principles of international laws from 1930 Hague without any force and effect. Thus, since the Constitution is
the best practices and techniques that have been proven Convention and the 1961 Convention on stateliness is the fundamental, paramount and supreme law of the nation,
over the years to be the most effective in preserving and rational and reasonable and consistent in the Philippine it is deemed written in every statute and contract. Adhering
restoring historical monuments, sites and buildings. Constitution’s regime of Jus saguinis. Moreover, the SC to the doctrine of constitutional supremacy, the subject
clearly stated that the COMELEC cannot reverse the constitutional provision is, as it should be, impliedly
b. Grace Poe-Llamanzares v. COMELEC, G.R. No. judicial precedent as it was reserved to the court. In line written in the bidding rules issued by respondent GSIS, lest
221697, March 8, 2016 with this, the Supreme Court ruled that Poe is qualified to the bidding rules be nullified for being violative of the
be a candidate for President on May 2016. The court Constitution. It is a basic principle in constitutional law that
GRACE POE is considerably a natural-born Filipino likewise stated that Poe-Llamanzares, being a foundling is a all laws and contracts must conform with the fundamental
Citizen. For that, she satisfied the constitutional reqt that natural-born citizen based on 1. Circumstantial evidence, 2. law of the land. Those which violate the Constitution lose
only natural-born Filipinos may run for Presidency. Legislation and 3. Generally Accepted principle of other their reason for being.
laws.
(1) there is high probability that Poe’s parents are Filipinos, 3. ID.; ID.; CONSIDERED SELF-EXECUTING RATHER
as being shown in her physical features which are typical of c. Manila Prince Hotel v. GSIS, G.R. No. 122156, 3 THAN NON-SELF-EXECUTING. — In case of doubt, the
Filipinos, aside from the fact that she was found as an February 1997. Constitution should be considered self-executing rather
infant in Jaro, Iloilo, a municipality wherein there is 99% than non-self-executing . . . Unless the contrary is clearly
probability that residents there are Filipinos, consequently 1. POLITICAL LAW; CONSTITUTION; DEFINED. — A intended, the provisions of the Constitution should be
providing 99% chance that Poe’s bilogical parents are constitution is a system of fundamental laws for the considered self-executing, as a contrary rule would give the
Filipinos. Said probability and circumstancial evidence are governance and administration of a nation. It is supreme, legislature discretion to determine when, or whether, they
admissible under Rule 128, Sec 4 of the Rules on Evidence. imperious, absolute and unalterable except by the authority shall be effective. These provisions would be subordinated
from which it emanates. It has been defined as the to the will of the lawmaking body, which could make them
(2) The SC pronounced that FOUNDLINGS are as a class, fundamental and paramount law of the nation.It prescribes entirely meaningless by simply refusing to pass the needed
natural born- citizens as based on the deliberations of the the permanent framework of a system of government, implementing statute. (Cruz, Isagani A., Constitutional
1935 Constitutional Convention, wherein though its assigns to the different departments their respective powers Law,1993 ed.,pp. 8-10)
enumeration is silent as to foundlings, there is no restrictive and duties, and establishes certain fixed principles on which
language either to definitely exclude the foundlings to be government is founded. The fundamental conception in 4. ID.; ID.; SELF-EXECUTING PROVISIONS;
natural born citizens. other words is that it is a supreme law to which all other LEGISLATURE NOT PRECLUDED FROM ENACTING
laws must conform and in accordance with which all LAWS ENFORCING PROVISIONS. — Quite apparently,
(3) That Foundlings are automatically conferred with the private rights must be determined and all public authority Sec. 10, second par., of Art. XII is couched in such a way
natural-born citizenship as to the country where they are administered. as not to make it appear that it is non-self-executing but
being found, as covered and supported by the UN simply for purposes of style. But, certainly, the legislature
Convention Law. 2. ID.; ID.; DEEMED WRITTEN IN EVERY STATUTE is not precluded from enacting further laws to enforce the
AND CONTRACT. — Under the doctrine of constitutional constitutional provision so long as the contemplated statute
supremacy, if a law or contract violates any norm of the squares with the Constitution. Minor details may be left to
Page | 29
the legislature without the self-executing nature of Constitution is a mandatory, positive command which is shelter for it comprises the majority and controlling stock,
constitutional provisions. The omission from a constitution complete in itself and which needs no further guidelines or so that anyone who acquires or owns the 51% will have
of any express provision for a remedy for enforcing a right implementing laws or rules for its enforcement. From its actual control and management of the hotel. In this
or liability is not necessarily an indication that it was not very words the provision does not require any legislation to instance, 51% of the MHC cannot be disassociated from the
intended to be self-executing. The rule is that a self- put it in operation. It is per se judicially enforceable. When hotel and the land on which the hotel edifice stands.
executing provision of the constitution does not necessarily our Constitution mandates that [i]n the grant of rights, Consequently, we cannot sustain respondents' claim that the
exhaust legislative power on the subject, but any legislation privileges, and concessions covering national economy and Filipino First Policy provision is not applicable since what
must be in harmony with the constitution, further the patrimony, the State shall give preference to qualified is being sold is only 51% of the outstanding shares of the
exercise of constitutional right and make it more available. Filipinos, it means just that — qualified Filipinos shall be corporation, not the Hotel building nor the land upon which
Subsequent legislation however does not necessarily mean preferred. And when our Constitution declares that a right the building stands.
that the subject constitutional provision is not, by itself, exists in certain specified circumstances an action may be
fully enforceable. maintained to enforce such right notwithstanding the 9. ID.;STATE; SALE BY THE GSIS OF 51% OF ITS
absence of any legislation on the subject; consequently, if SHARE IN MANILA HOTEL CORP.,A STATE
5. ID.;ID.;ID.;A PROVISION MAY BE SELF- there is no statute especially enacted to enforce such ACTION, SUBJECT TO CONSTITUTIONAL
EXECUTING IN ONE PART AND NON-SELF- constitutional right, such right enforces itself by its own COMMAND. — In constitutional jurisprudence, the acts of
EXECUTING IN ANOTHER. — Respondents also argue inherent potency and puissance and from which all persons distinct from the government are considered "state
that the non-self-executing nature of Sec. 10, second par.,of legislations must take their bearings. Where there is a right action" covered by the Constitution (1) when the activity it
Art. XII is implied from the tenor of the first and third there is a remedy. Ubi jus ibi remedium. engages in is a " public function",(2) when the government
paragraphs of the same section which undoubtedly are not is so-significantly involved with the private actor as to
self-executing. The argument is flawed. If the first and third 7. ID.; ID.; ID.; INCLUDES THE NATIONAL make the government responsible for his action; and, (3)
paragraphs are not self-executing because Congress is still RESOURCES AND CULTURAL HERITAGE. — When when the government has approved or authorized the
to enact measures to encourage the formation and operation the Constitution speaks of national patrimony, it refers not action. It is evident that the act of respondent GSIS in
of enterprises fully owned by Filipinos, as in the first only to the natural resources of the Philippines, as the selling 51% of its share in respondent MHC comes under
paragraph, and the State still needs legislation to regulate Constitution could have very well used the term natural the second and third categories of "state action." Without
and exercise authority over foreign investments within its resources,but also to the cultural heritage of the Filipinos. doubt therefore the transaction, although entered into by
national jurisdiction, as in the third paragraph, then a respondent GSIS, is in fact a transaction of the State and
fortiori,by the same logic, the second paragraph can only be 8. ID.;ID.;ID.;MANILA HOTEL CORPORATION, therefore subject to the constitutional command.
self-executing as it does not by its language require any EMBRACED THEREIN; FILIPINO FIRST POLICY
legislation in order to give preference to qualified Filipinos PROVISION, APPLICABLE IN SALES OF HOTEL 10. ID.; CONSTITUTION; WHEN THE CONSTITUTION
in the grant of rights, privileges and concessions covering STOCKS. — For more than eight (8) decades Manila Hotel ADDRESSES THE STATE, IT REFERS TO BOTH
the national economy and patrimony. A constitutional has bore mute witness to the triumphs and failures, loves PEOPLE AND GOVERNMENT. — When the
provision may be self-executing in one part and non-self- and frustrations of the Filipinos; its existence is impressed Constitution addresses the State it refers not only to the
executing in another. with public interest; its own historicity associated with our people but also to the government as elements of the State.
struggle for sovereignty, independence and nationhood. After all, government is composed of three (3) divisions of
6. ID.; ID.; NATIONAL PATRIMONY; PROVISION ON Verily, Manila Hotel has become part of our national power — legislative, executive and judicial. Accordingly, a
PREFERENCE TO QUALIFIED FILIPINOS, SELF- economy and patrimony. For sure, 51% of the equity of the constitutional mandate directed to the State is
EXECUTING. — Sec. 10, second par., Art. XII of the 1987 MHC comes within the purview of the constitutional correspondingly directed to the three (3) branches of
Page | 30
government. It is undeniable that in this case the subject mandate, petitioner had not yet matched the bid offered by defer to the Constitution in the proper governance of a free
constitutional injunction is addressed among others to the Renong Berhad. Thus it did not have the right or society; after all, there is nothing so sacrosanct in any
Executive Department and respondent GSIS, a government personality then to compel respondent GSIS to accept its economic policy as to draw itself beyond judicial review
instrumentality deriving its authority from the State. earlier bid. Rightly, only after it had matched the bid of the when the Constitution is involved.
foreign firm and the apparent disregard by respondent GSIS
11. ID.;ID.;NATIONAL PATRIMONY; PREFERENCE of petitioner's matching bid did the latter have a cause of d. Tanada v. Angara, G.R. No. 118295, May 2, 1997
TO QUALIFIED FILIPINOS; SALE OF STOCKS OF action.
MANILA HOTEL CORPORATION BY THE GSIS; 1. REMEDIAL LAW; ACTIONS; ESTOPPEL, SUBJECT
FILIPINOS ALLOWED TO MATCH THE BID OF 13. ID.;SPECIAL CIVIL ACTION, CERTIORARI; TO WAIVER. — The matter of estoppel will not be taken
FOREIGN ENTITY. — In the instant case, where a foreign FAILURE OF THE GSIS TO EXECUTE up because this defense is waivable and the respondents
firm submits the highest bid in a public bidding concerning CORRESPONDING DOCUMENTS WHERE have effectively, waived it by not pursuing it in any of their
the grant of rights, privileges and concessions covering the PETITIONER HAD MATCHED THE BID PRICE BY pleadings; in any event, this issue, even if ruled in
national economy and patrimony, thereby exceeding the bid FOREIGN BIDDER, A GRAVE ABUSE OF respondents' favor, will not cause the petition's dismissal as
of a Filipino, there is no question that the Filipino will have DISCRETION. — Since petitioner has already matched the there are petitioners other than the two senators, who are
to be allowed to match the bid of the foreign entity. And if bid price tendered by Renong Berhad pursuant to the not vulnerable to the defense of estoppel.
the Filipino matches the bid of a foreign firm the award bidding rules, respondent GSIS is left with no alternative
should go to the Filipino. It must be so if we are to give life but to award to petitioner the block of shares of MHC and 2. ID.; ID.; PARTIES; LOCUS STANDI; SUBJECT TO
and meaning to the Filipino First Policy provision of the to execute the necessary agreements and documents to WAIVER. — During its deliberations on the case, the
1987 Constitution. For, while this may neither be expressly effect the sale in accordance not only with the bidding Court noted that the respondents did not question the locus
stated nor contemplated in the bidding rules, the guidelines and procedures but with the Constitution as well. standi of petitioners. Hence, they are also deemed to have
constitutional fiat is omnipresent to be imply disregarded. The refusal of respondent GSIS to execute the waived the benefit of such issue. They probably realized
To ignore it would be to sanction a perilous skirting of the corresponding documents with petitioner as provided in the that grave constitutional issues, expenditures of public
basic law. bidding rules after the latter has matched the bid of the funds and serious international commitments of the nation
Malaysian firm clearly constitutes grave abuse of are involved here, and that transcendental public interest
12. REMEDIAL LAW; ACTIONS; FOREIGN BIDDERS discretion. requires that the substantive issues be met head on and
WITHOUT CAUSE OF ACTION AGAINST GSIS decided on the merits, rather than skirted or deflected by
BEFORE ACCEPTANCE OF BID. — The argument of 14. ID.; SUPREME COURT; DUTY BOUND TO MAKE procedural matters.
respondents that petitioner is now estopped from SURE THAT CONTRACTS DO NOT VIOLATE THE
questioning the sale to Renong Berhad since petitioner was CONSTITUTION OR THE LAWS. — While it is no 3. ID.; ID.; PETITION SEEKING TO NULLIFY ACT OF
well aware from the beginning that a foreigner could business of the Court to intervene in contracts of the kind SENATE ON GROUND THAT IT CONTRAVENES THE
participate in the bidding is meritless. Undoubtedly, referred to or set itself up as the judge of whether they are CONSTITUTION, A JUSTICIABLE QUESTION. — In
Filipinos and foreigners alike were invited to the bidding. viable or attainable, it is its bounden duty to make sure that seeking to nullify an act of the Philippine Senate on the
But foreigners may be awarded the sale only if no Filipino they do not violate the Constitution or the laws, or are not ground that it contravenes the Constitution, the petition no
qualifies, or if the qualified Filipino fails to match the adopted or implemented with grave abuse of discretion doubt raises a justiciable controversy. Where an action of
highest bid tendered by the foreign entity. In the case amounting to lack or excess of jurisdiction. It will never the legislative branch is seriously alleged to have infringed
before us, while petitioner was already preferred at the shirk that duty, no matter how buffeted by winds of unfair the Constitution, it becomes not only the right but in fact
inception of the bidding because of the constitutional and ill-informed criticism. Indeed, the Court will always the duty of the judiciary to settle the dispute. "The question
Page | 31
thus posed is judicial rather than political. The duty (to 5. ID.; SPECIAL CIVIL ACTIONS; CERTIORARI, enterprises only against foreign competition and trade
adjudicate) remains to assure that the supremacy of the PROHIBITION AND MANDAMUS; APPROPRIATE practices that are unfair. In other words, the Constitution
Constitution is upheld." Once a "controversy as to the REMEDIES TO REVIEW ACTS OF LEGISLATIVE did not intend to pursue an isolationist policy. It did not
application or interpretation of a constitutional provision is AND EXECUTIVE OFFICIALS. — Certiorari, prohibition shut out foreign investments, goods and services in the
raised before this Court (as in the instant case), it becomes and mandamus are appropriate remedies to raise development of the Philippine economy. While the
a legal issue which the Court is bound by constitutional constitutional issues and to review and/or prohibit/nullify, Constitution does not encourage the unlimited entry of
mandate to decide." when proper, acts of legislative and executive officials. foreign goods, services and investments into the country, it
does not prohibit them either. In fact, it allows an exchange
4. ID.; SUPREME COURT; JUDICIAL POWER; SCOPE. 6. POLITICAL LAW; CONSTITUTION; on the basis of equality and reciprocity, frowning only on
— The jurisdiction of this Court to adjudicate the matters DECLARATION OF PRINCIPLES AND STATE foreign competition that is unfair.
raised in the petition is clearly set out in the 1987 POLICIES; AIDS OR GUIDES IN THE EXERCISE OF
Constitution, as follows: "Judicial power includes the duty JUDICIAL AND LEGISLATIVE POWERS. — By its 8. REMEDIAL LAW; SPECIAL CIVIL ACTIONS;
of the courts of justice to settle actual controversies very title, Article II of the Constitution is a "declaration of CERTIORARI; JOINING THE WORLD TRADE
involving rights which are legally demandable and principles and state policies." The counterpart of this article ORGANIZATION, NOT A GRAVE ABUSE OF
enforceable, and to determine whether or not there has been in the 1935 Constitution is called the "basic political creed DISCRETION. — The basic principles underlying the
a grave abuse of discretion amounting to lack or excess of of the nation" by Dean Vicente Sinco. These principles in WTO Agreement recognize the need of developing
jurisdiction on the part of any branch or instrumentality, of Article II are not intended to be self-executing principles countries like the Philippines to "share in the growth in
the government." The foregoing text emphasizes the ready for enforcement through the courts. They are used by international trade commensurate with the needs of their
judicial department's duty and power to strike down grave the judiciary as aids or as guides in the exercise of its economic development." GATT has provided built-in
abuse of discretion on the part of any branch or power of judicial review, and by the legislature in its protection from unfair foreign competition and trade
instrumentality, of government including Congress. It is an enactment of laws. As held in the leading case of practices including anti-dumping measures, countervailing
innovation in our political law. As explained by former Kilosbayan, Incorporated vs. Morato, the principles and measures and safeguards against import surges. Where
Chief Justice Roberto Concepcion, "the judiciary is the state policies enumerated in Article II and some sections of local businesses are jeopardized by unfair foreign
final arbiter on the question of whether or not a branch of Article XII are not "self-executing provisions, the disregard competition, the Philippines can avail of these measures.
government or any of its officials has acted without of which can give rise to a cause of action in the courts. There is hardly therefore any basis for the statement that
jurisdiction or in excess of jurisdiction or so capriciously, They do not embody judicially enforceable constitutional under the WTO, local industries and enterprises will all be
as to constitute an abuse of discretion amounting to excess rights but guidelines for legislation." wiped out and that Filipinos will be deprived of control of
of jurisdiction. This is not only a judicial power but a duty the economy. Quite the contrary, the weaker situations of
to pass judgment on matters of this nature." As this Court 7. ID.; ID.; THOUGH IT MANDATES A BIAS IN developing nations like the Philippines have been taken
has repeatedly and firmly emphasized in many cases, it will FAVOR OF FILIPINO GOODS, SERVICES, LABOR into account; thus, there would be no basis to say that in
not shirk, digress from or abandon its sacred duty and AND ENTERPRISES, IT RECOGNIZES THE NEED joining the WTO, the respondents have gravely abused
authority to uphold the Constitution in matters that involve FOR BUSINESS EXCHANGE WITH THE REST OF their discretion. True, they have made a bold decision to
grave abuse of discretion brought before it in appropriate THE WORLD. — While the Constitution indeed mandates steer the ship of state into the yet uncharted sea of
cases, committed by any officer, agency, instrumentality or a bias in favor of Filipino goods, services, labor and economic liberalization. But such decision cannot be set
department of the government. enterprises, at the same time, it recognizes the need for aside on the ground of grave abuse of discretion simply
business exchange with the rest of the world on the bases of because we disagree with it or simply because we believe
equality and reciprocity and limits protection of Filipino only in other economic policies. As earlier stated, the Court
Page | 32
in taking jurisdiction of this case will not pass upon the demonstrated the Filipino capacity to grow and to prosper mere moral obligation but creates a legally binding
advantages and disadvantages of trade liberalization as an against the best offered under a policy of laissez faire. obligation on the parties . . . A state which has contracted
economic policy. It will only, perform its constitutional valid international obligations is bound to make in its
duty of determining whether the Senate committed grave 11. REMEDIAL LAW; ACTIONS; QUESTIONS legislations such modifications as may be necessary to
abuse of discretion. INVOLVING "JUDGMENT CALLS", NOT SUBJECT ensure the fulfillment of the obligations undertaken."
TO JUDICIAL REVIEW. — Will adherence to the WTO
9. POLITICAL LAW; CONSTITUTION; treaty bring this ideal (of favoring the general welfare) to 13. ID.; ID.; ID.; ID. — When the Philippines joined the
DECLARATION OF PRINCIPLES AND STATE reality? Will WTO/GATT succeed in promoting the United Nations as one of its 51 charter members, it
POLICIES; POLICY OF "SELF-RELIANT AND Filipinos' general welfare because it will — as promised by consented to restrict its sovereign rights under the "concept
INDEPENDENT NATIONAL ECONOMY" DOES NOT its promoters — expand the country's exports and generate of sovereignty as auto-limitation." Under Article 2 of the
RULE OUT ENTRY OF FOREIGN INVESTMENTS, more employment? Will it bring more prosperity, UN Charter, "(a)ll members shall give the United Nations
GOODS AND SERVICES. — The constitutional policy of employment, purchasing power and quality products at the every assistance in any action it takes in accordance with
a "self-reliant and independent national economy" does not most reasonable rates to the Filipino public? The responses the present Charter, and shall refrain from giving assistance
necessarily rule out the entry, of foreign investments, goods to these questions involve "judgment calls" by our policy to any state against which the United Nations is taking
and services. It contemplates neither "economic seclusion" makers, for which they are answerable to our people during preventive or enforcement action." Apart from the UN
nor "mendicancy in the international community." appropriate electoral exercises. Such questions and the Treaty, the Philippines has entered into many other
answers thereto are not subject to judicial pronouncements international pacts — both bilateral and multilateral — that
10. POLITICAL LAW; INTERNATIONAL LAW; based on grave abuse of discretion. involve limitations on Philippine sovereignty the
WORLD TRADE LAW ORGANIZATION/GENERAL Philippines has effectively agreed to limit the exercise of its
AGREEMENT ON TARIFFS AND TRADE; RELIANCE 12. POLITICAL LAW; SOVEREIGNTY; SUBJECT TO sovereign powers of taxation, eminent domain and police
ON "MOST FAVORED NATIONS", RESTRICTIONS AND LIMITATIONS VOLUNTARILY power. The underlying consideration in this partial
CONSTITUTIONAL. — The WTO reliance on "most AGREED TO BY THE STATE; CASE AT BAR. — While surrender of sovereignty is the reciprocal commitment of
favored nation", "national treatment", and "trade without sovereignty has traditionally been deemed absolute and all- the other contracting states in granting the same privilege
discrimination" cannot be struck down as unconstitutional encompassing on the domestic level, it is however subject and immunities to the Philippines, its officials and its
as in fact they are rules of equality and reciprocity, that to restrictions and limitations voluntarily agreed to by the citizens. The same reciprocity characterizes the Philippine
apply to all WTO members. Aside from envisioning a trade Philippines, expressly or impliedly, as a member of the commitments under WTO-GATT. The point is that, as
policy based on "equality and reciprocal", the fundamental family of nations. In its Declaration of Principles and State shown by the foregoing treaties, a portion of sovereignty
law encourages industries that are "competitive in both Policies, the Constitution "adopts the generally accepted may be waived without violating the Constitution, based on
domestic and foreign markets," thereby demonstrating a principles of international law as part of the law of the land, the rationale that the Philippines "adopts the generally
clear policy against a sheltered domestic trade environment, and adheres to the policy of peace, equality, justice, accepted principles of international law as part of the law of
but one in favor of the gradual development of robust freedom, cooperation and amity, with all nations." By the the land and adheres to the policy of . . . cooperation and
industries that can compete with the best in the foreign doctrine of incorporation, the country is bound by generally amity with all nations."
markets. Indeed, Filipino managers and Filipino enterprises accepted principles of international law, which are
have shown capability and tenacity to compete considered to be automatically part of our own laws. One of 14. ID.; ID.; ID.; WORLD TRADE ORGANIZATION;
internationally. And given a free trade environment, the oldest and most fundamental rules in international law PARAGRAPH 1, ARTICLE 34 OF THE GENERAL
Filipino entrepreneurs and managers in Hongkong have is pacta sunt servanda — international agreements must be PROVISIONS AND BASIC PRINCIPLES OF THE
performed in good faith. "A treaty engagement is not a AGREEMENT ON TRADE-RELATED ASPECTS OF
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INTELLECTUAL PROPERTY RIGHTS (TRIPS); DOES patented process is NEW or (2) there is a substantial need for ratification. They were approved by the ministers
NOT INTRUDE ON THE POWER OF THE SUPREME likelihood that the identical product was made by the by virtue of Article XXV: 1 of GATT which provides that
COURT TO PROMULGATE RULES ON PLEADING, process and the process owner has not been able through representatives of the members can meet "to give effect to
PRACTICE AND PROCEDURES. — Petitioners aver that reasonable effort to determine the process used. Where those provision of this Agreement which invoke joint
paragraph 1, Article 34 (Process Patents: Burden of Proof) either of these two provisos does not obtain, members shall action, and generally with a view to facilitating the
of the General Provisions and Basic Principles of the be free to determine the appropriate method of operation and furthering the objectives of this Agreement."
Agreement on Trade-Related Aspects of Intellectual implementing the provisions of TRIPS within their own The Understanding on Commitments in Financial Services
Property Rights (TRIPS) intrudes on the power of the internal systems and processes. By and large, the arguments also approved in Marrakesh does not apply to the
Supreme Court to promulgate rules concerning pleading, adduced in connection with our disposition of the third Philippines. It applies only to those 27 Members which
practice and procedures. A WTO Member is required to issue — derogation of a legislative power — will apply to "have indicated in their respective schedules of
provide a rule of disputable (note the words "in the absence this fourth issue also. Suffice it to say that the reciprocity commitments on standstill, elimination of monopoly,
of proof to the contrary") presumption that a product shown clause more than justifies such intrusion, if any actually expansion of operation of existing financial service
to be identical to one produced with the use of a patented exists. Besides, Article 34 does not contain an unreasonable suppliers, temporary entry of personnel, free transfer and
process shall be deemed to have been obtained by the burden, consistent as it is with due process and the concept processing of information, and national treatment with
(illegal) use of the said patented process, (1) where such of adversarial dispute settlement inherent in our judicial respect to access to payment, clearing systems and
product obtained by the patented product is new, or (2) system. So too, since the Philippine is a signatory to most refinancing available in the normal course of business."
where there is "substantial likelihood" that the identical international conventions on patents, trademarks and
product was made with the use of the said patented process copyrights, the adjustments in legislation and rules of 16. REMEDIAL LAW; SPECIAL CIVIL ACTIONS;
but the owner of the patent could not determine the exact procedure will not be substantial. CERTIORARI; RESORT THERETO ON GROUND OF
process used in obtaining such identical product. Hence, the GRAVE ABUSE OF DISCRETION AVAILABLE ONLY
"burden of proof" contemplated by Article 34 should 15. ID.; ID.; ID.; ID.; MINISTERIAL DECLARATION WHERE THERE IS NO PLAIN, SPEEDY AND
actually be understood as the duty of the alleged patent AND DECISIONS AND THE UNDERSTANDING ON ADEQUATE REMEDY IN THE ORDINARY COURSE
infringer to overthrow such presumption. Such burden, COMMITMENTS IN FINANCIAL SERVICES, NOT OF LAW. — Procedurally. a writ of certiorari grounded on
properly understood, actually refers to the "burden of SUBJECT TO CONCURRENCE BY THE SENATE. — grave abuse of discretion may be issued by the Court under
evidence" (burden of going forward) placed on the "A final act, sometimes called protocol de cloture, is an Rule 65 of the Rules of Court when it is amply shown that
producer of the identical (or fake) product to show that his instrument which records the winding up of the petitioners have no other plain, speedy and adequate
product was produced without the use of the patented proceedings of a diplomatic conference and usually remedy in the ordinary course of law.
process. The foregoing notwithstanding, the patent owner includes a reproduction of the texts of treaties, conventions,
still has the "burden of proof" since, regardless of the recommendations and other acts agreed upon and signed by
presumption provided under paragraph 1 of Article 34, such the plenipotentiaries attending the conference." It is not the
owner still has to introduce evidence of the existence of the treaty itself. It is rather a summary of the proceedings of a 17. ID.; ID.; ID.; GRAVE ABUSE OF DISCRETION,
alleged identical product, the fact that it is "identical" to the protracted conference which may have taken place over CONSTRUED. — By grave abuse of discretion is meant
genuine one produced by the patented process and the fact several years. The assailed Senate Resolution No. 97 such capricious and whimsical exercise of judgment as is
of "newness" of the genuine product was made by the expressed concurrence in exactly what the Final Act equivalent to lack of jurisdiction. Mere abuse of discretion
patented process. Moreover, it should be noted that the required from its signatories, namely, concurrence of the is not enough. It must be grave abuse of discretion as when
requirement of Article 34 to provide a disputable Senate in the WTO Agreement. The Ministerial the power is exercised in an arbitrary or despotic manner by
presumption applies only if (1) the product obtained by the Declarations and Decisions were deemed adopted without reason of passion or personal hostility, and must be so
Page | 34
patent and so gross as to amount to an evasion of a positive exercise was wise, beneficial or viable is outside the realm fact, these basic rights need not even be written in the
duty or to a virtual refusal to perform the duty, enjoined or of judicial inquiry and review. That is a matter between the Constitution for they are assumed to exist from the
to act at all in contemplation of law. Failure on the part of elected policy makers and the people. As to whether the inception of humankind. If they are now explicitly
the petitioner to show grave abuse of discretion will result nation should join the worldwide march toward trade mentioned in the fundamental charter, it is because of the
in the dismissal of the petition. liberalization and economic globalization is a matter that well-founded fear of its framers that unless the rights to a
our people should determine in electing their policy balanced and healthful ecology and to health are mandated
18. ID.; ID.; ID.; CONCURRENCE BY THE SENATE IN makers. After all, the WTO Agreement allows withdrawal as state policies by the Constitution itself, thereby
THE WORLD TRADE ORGANIZATION, NOT A of membership, should this be the political desire of a highlighting their continuing importance and imposing
GRAVE ABUSE OF DISCRETION. — In rendering this member. upon the state a solemn obligation to preserve the first and
Decision, this Court never forgets that the Senate, whose protect and advance the second, the day would not be too
act is under review, is one of two sovereign houses of e. Oposa v. Factoran, G.R. No. 101083, July 30, 1993 far when all else would be lost not only for the present
Congress and is thus entitled to great respect in its actions. generation, but also for those to come — generations which
It is itself a constitutional body independent and coordinate, 1. CONSTITUTIONAL LAW; DECLARATION OF stand to inherit nothing but parched earth incapable of
and thus its actions are presumed regular and done in good PRINCIPLES AND STATE POLICIES; RIGHT TO A sustaining life. The right to a balanced and healthful
faith. Unless convincing proof and persuasive arguments BALANCED AND HEALTHFUL ECOLOGY, ecology carries with it the correlative duty to refrain from
are presented to overthrow such presumptions, this Court CONSTRUED. — The complaint focuses on one specific impairing the environment.
will resolve every doubt in its favor. Using the foregoing fundamental legal right — the right to a balanced and
well-accepted definition of grave abuse of discretion and healthful ecology which, for the first time in our nation's 2. ID.; ID.; TIMBER LICENSES; NATURE THEREOF;
the presumption of regularity in the Senate's processes, this constitutional history, is solemnly incorporated in the NON-IMPAIRMENT CLAUSE MAY NOT BE
Court cannot find any cogent reason to impute grave abuse fundamental law. Section 16, Article II of the 1987 INVOKED; CASE AT BAR. — all licenses may thus be
of discretion to the Senate's exercise of its power of Constitution explicitly provides: "SEC. 16. The State shall revoked or rescinded by executive action. It is not a
concurrence in the WTO Agreement granted it by Sec. 21 protect and advance the right of the people to a balanced contract, property or a property right protected by the due
of Article VII of the Constitution. That the Senate, after and healthful ecology in accord with the rhythm and process clause of the Constitution. In Tan vs. Director of
deliberation and voting, voluntarily and overwhelmingly harmony of nature." This right unites with the right to Forestry, (125 SCRA 302, 325 [1983]) This Court held: ". .
gave its consent to the WTO Agreement thereby making it health which is provided for in the preceding section of the . A timber license is an instrument by which the State
"a part of the law of the land" is a legitimate exercise of its same article: "SEC. 15. The State shall protect and promote regulates the utilization and disposition of forest resources
sovereign duty and power. We find no "patent and gross" the right to health of the people and instill health to the end that public welfare is promoted. A timber license
arbitrariness or despotism "by reason of passion or personal consciousness among them." While the right to a balanced is not a contract within the purview of the due process
hostility" in such exercise. It is not impossible to surmise and healthful ecology is to be found under the Declaration clause; it is only a license or privilege, which can be validly
that this Court, or at least some of its members, may even of Principles and State Policies and not under the Bill of withdrawn whenever dictated by public interest or public
agree with petitioners that it is more advantageous to the Rights, it does not follow that it is less important than any welfare as in this case. 'A license is merely a permit or
national interest to strike down Senate Resolution No. 97. of the civil and political rights enumerated in the latter. privilege to do what otherwise would be unlawful, and is
But that is not a legal reason to attribute grave abuse of Such a right belongs to a different category of rights not a contract between the authority, federal, state, or
discretion to the Senate and to nullify its decision. To do so altogether for it concerns nothing less than self-preservation municipal, granting it and the person to whom it is granted;
would constitute grave abuse in the exercise of our own and self-perpetuation — aptly and fittingly stressed by the neither is it property or a property right, nor does it create a
judicial power and duty. Ineludably, what the Senate did petitioners — the advancement of which may even be said vested right; nor is it taxation' (37 C.J. 168). Thus, this
was a valid exercise of its authority. As to whether such to predate all governments and constitutions. As a matter of Court held that the granting of license does not create
Page | 35
irrevocable rights, neither is it property or property rights same is understood to be subject to reasonable legislative of the courts of justice to settle actual controversies
(People vs. Ong Tin, 54 O.G. 7576) . . ." We reiterated this regulation aimed at the promotion of public health, moral, involving rights which are legally demandable and
pronouncement in Felipe Ysmael, Jr. & Co., Inc. vs. safety and welfare. In other words, the constitutional enforceable, and to determine whether or not there has been
Deputy Executive Secretary: (190 SCRA 673 684 [1990]) guaranty of non-impairment of obligations of contract is a grave abuse of discretion amounting to lack or excess of
". . . Timber licenses, permits and license agreements are limited by the exercise of the police power of the State, in jurisdiction on the part of any branch or instrumentality of
the principal instruments by which the State regulates the the interest of public health, safety, moral and general the Government." Commenting on this provision in his
utilization and disposition of forest resources to the end that welfare." The reason for this is emphatically set forth in book, Philippine Political Law, Mr. Justice Isagani A. Cruz,
public welfare is promoted. And it can hardly be gainsaid Nebia vs. New York, (291 U.S. 502, 523, 78 L. ed. 940 a distinguished member of this Court, says: "The first part
that they merely evidence a privilege granted by the State 947-949) quoted in Philippine American Life Insurance Co. of the authority represents the traditional concept of judicial
to qualified entities, and do not vest in the latter a vs. Auditor General, (22 SCRA 135, 146-147 [1968]) to power, involving the settlement of conflicting rights as
permanent or irrevocable right to the particular concession wit: "'Under our form of government the use of property conferred by law. The second part of the authority
area and the forest products therein. They may be validly and the making of contracts are normally matters of private represents a broadening of judicial power to enable the
amended, modified, replaced or rescinded by the Chief and not of public concern. The general rule is that both courts of justice to review what was before forbidden
Executive when national interests so require. Thus, they are shall be free of governmental interference. But neither territory, to wit, the discretion of the political departments
not deemed contracts within the purview of the due process property rights nor contract rights are absolute; for of the government. As worded, the new provision vests in
of law clause [See Sections 3(ee) and 20 of Pres. Decree government cannot exist if the citizen may at will use his the judiciary, and particularly the Supreme Court, the
No. 705, as amended. Also, Tan v. Director of property to the detriment of his fellows, or exercise his power to rule upon even the wisdom of the decisions of the
Forestry,G.R. No. L-24548, October 27, 1983, 125 SCRA freedom of contract to work them harm. Equally executive and the legislature and to declare their acts
302]." Since timber licenses are not contracts, the non- fundamental with the private right is that of the public to invalid for lack or excess of jurisdiction because tainted
impairment clause, which reads: "SEC. 10. No law regulate it in the common interest.'" In court, the non- with grave abuse of discretion. The catch, of course, is the
impairing the obligation of contracts shall be passed." In impairment clause must yield to the police power of the meaning of 'grave abuse of discretion,' which is a very
the second place, even if it is to be assumed that the same state. (Ongsiako vs. Gamboa, 86 Phil. 50 [1950]; Abe vs. elastic phrase that can expand or contract according to the
are contracts, the instant case does not involve a law or Foster Wheeler Corp., supra; Phil. American Life Insurance disposition of the judiciary." In Daza vs. Singson, (180
even an executive issuance declaring the cancellation or Co. vs. Auditor General, supra; Alalyan vs. NLRC, 24 scra SCRA 496, 501-502 [1989]. See also Coseteng vs. Mitra,
modification of existing timber licenses. Hence, the non- 172 [1968]; Victoriano vs. Elizalde Rope Workers Union, 187 SCRA 377 [1990]; Gonzales vs. Macaraig, 191 SCRA
impairment clause cannot as yet be invoked. Nevertheless, 59 SCRA 54 [1974]; Kabiling vs. National Housing 844 [1991]; Bengzon vs. Senate Blue Ribbon Committee,
granting further that a law has actually been passed Authority, 156 SCRA 623 [1987]). 203 SCRA 767 [1991]) Mr. Justice Cruz, now speaking for
mandating cancellations or modifications, the same cannot this Court, noted: "In the case now before us, the
still be stigmatized as a violation of the non-impairment 3. ID.; JUDICIAL REVIEW; NO LONGER IMPAIRED jurisdictional objection becomes even less tenable and
clause. This is because by its very nature and purpose, such BY THE POLITICAL QUESTION DOCTRINE; decisive. The reason is that, even if we were to assume that
a law could have only been passed in the exercise of the RATIONALE. — It must, nonetheless, be emphasized that the issue presented before us was political in nature, we
police power of the state for the purpose of advancing the the political question doctrine is no longer the would still not be precluded from resolving it under the
right of the people to a balanced and healthful ecology, insurmountable obstacle to the exercise of judicial power or expanded jurisdiction conferred upon us that now covers, in
promoting their health and enhancing the general welfare. the impenetrable shield that protects executive and proper cases, even the political question. Article VII,
In Abe vs. Foster Wheeler Corp., (110 Phil. 198, 203 legislative actions from judicial inquiry or review. The Section 1, of the Constitution clearly provides: . . ."
[1960]) this Court stated: "The freedom of contract, under second paragraph of section 1, Article VIII of the
our system of government, is not meant to be absolute. The Constitution states that: "Judicial power includes the duty
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4. REMEDIAL LAW; PLEADINGS; CAUSE OF the court render a valid judgment in accordance with the administrative agency directly concerned and the private
ACTION, DEFINED; CASE AT BAR. — the right of the prayer in the complaint? In Militante vs. Edrosolano, this persons or entities operating in the field or sector of activity
petitioners (and all those they represent) to a balanced and Court laid down the rule that the judiciary should "exercise involved. Whether such a beneficiaries' right of action may
healthful ecology is as clear as the DENR's duty — under the utmost care and circumspection in passing upon a be found under any and all circumstances, or whether some
its mandate and by virtue of its powers and functions under motion to dismiss on the ground of the absence thereof failure to act, in the first instance, on the part of the
E.O. No. 192 and the Administrative Code of 1987 — to [cause of action] lest, by its failure to manifest a correct governmental agency concerned must be shown ("prior
protect and advance the said right. A denial or violation of appreciation of the facts alleged and deemed hypothetically exhaustion of administrative remedies"), is not discussed in
that right by the other who has the correlative duty or admitted, what the law grants or recognizes is effectively the decision and presumably is left for future determination
obligation to respect or protect the same gives rise to a nullified. If that happens, there is a blot on the legal order. in an appropriate case.
cause of action. Petitioners maintain that the granting of the The law itself stands in disrepute." After a careful
TLAs, which they claim was done with grave abuse of examination of the petitioners' complaint, We find the 2. CONSTITUTIONAL LAW; DECLARATION OF
discretion, violated their right to a balanced and healthful statements under the introductory affirmative allegations, as PRINCIPLES AND STATE POLICIES; RIGHT TO "A
ecology; hence, the full protection thereof requires that no well as the specific averments under the subheading BALANCE AND HEALTHFUL ECOLOGY";
further TLAs should be renewed or granted. A cause of CAUSE OF ACTION, to be adequate enough to show, INTERPRETATION. — The Court has also declared that
action is defined as: ". . . an act or omission of one party in prima facie, the claimed violation of their rights. On the the complaint has alleged and focused upon "one specific
violation of the legal right or rights of the other; and its basis thereof, they may thus be granted, wholly or partly, fundamental legal right — the right to a balanced and
essential elements are legal right of the plaintiff, correlative the reliefs prayed for. healthful ecology" (Decision, p. 14). There is no question
obligation of the defendant, and act or omission of the that "the right to a balanced and healthful ecology" is
defendant in violation of said legal right." (Marao Sugar FELICIANO, J., concurring: "fundamental" and that, accordingly, it has been
Central Co. vs. Barrios, 79 Phil. 666 [1947]; Community "constitutionalized." But although it is fundamental in
Investment and Finance Corp. vs. Garcia, 88 Phil. 215 1. REMEDIAL LAW; ACTIONS; LOCUS STANDI, character, I suggest, with very great respect, that it cannot
[1951]; Remitere vs. vda. de Yulo, 16 SCRA 251 [1966]; CONSTRUED; CASE AT BAR. — The Court explicitly be characterized as "specific," without doing excessive
Caseñas vs. Rosales, 19 SCRA 462 [1967]; Virata vs. states that petitioners have the locus standi necessary to violence to language. It is in fact very difficult to fashion
Sandiganbayan, 202 SCRA 680 [1991]; Madrona vs. Rosal, sustain the bringing and maintenance of this suit (Decision, language more comprehensive in scope and generalized in
204 SCRA 1 [1991]. pp. 11-12). Locus standi is not a function of petitioners' character than a right to "a balanced and healthful ecology."
claim that their suit is properly regarded as a class suit. I The list of particular claims which can be subsumed under
5. ID.; ID.; MOTION TO DISMISS; LACK OF CAUSE understand locus standi to refer to the legal interest which a this rubric appears to be entirely open-ended: prevention
OF ACTION, AS A GROUND; RULE; CASE AT BAR. plaintiff must have in the subject matter of the suit. Because and control of emission of toxic fumes and smoke from
— It is settled in this jurisdiction that in a motion to dismiss of the very broadness of the concept of "class" here factories and motor vehicles; of discharge of oil, chemical
based on the ground that the complaint fails to state a cause involved — membership in this "class" appears to embrace effluents, garbage and raw sewage into rivers, inland and
of action, the question submitted to the court for resolution everyone living in the country whether now or in the future coastal waters by vessels, oil rigs, factories, mines and
involves the sufficiency of the facts alleged in the — it appears to me that everyone who may be expected to whole communities; of dumping of organic and inorganic
complaint itself. No other matter should be considered; benefit from the course of action petitioners seek to require wastes on open land, streets and thoroughfares; failure to
furthermore, the truth or falsity of the said allegations is public respondents to take, is vested with the necessary rehabilitate land after strip-mining or open-pit mining;
beside the point for the truth thereof is deemed locus standi. The Court may be seen therefore to be kaingin or slash-and-burn farming; destruction of fisheries,
hypothetically admitted. The only issue to be resolved in recognizing a beneficiaries' right of action in the field of coral reefs and other living sea resources through the use of
such a case is: admitting such alleged facts to be true, may environmental protection, as against both the public dynamite or cyanide and other chemicals; contamination of
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ground water resources; loss of certain species of fauna and 4. REMEDIAL LAW; CIVIL PROCEDURE; CAUSE OF standards, and to implement them before the courts should
flora; and so on. The other statements pointed out by the ACTION; LEGAL RIGHTS, AS ESSENTIAL intervene.
Court: Section 3, Executive Order No. 192 dated 10 June COMPONENTS; STANDARDS. — the legal right which
1987; Section 1, Title XIV, Book IV of the 1987 is an essential component of a cause of action be a specific,
Administrative Code; and P.D. No. 1151, dated 6 June operable legal right, rather than a constitutional or statutory
1977 — all appear to be formulations of policy, as general policy, for at least two (2) reasons. One is that unless the f. Pamatong v. COMELEC, G.R. No. 161872, April 13,
and abstract as the constitutional statements of basic policy legal right claimed to have been violated or disregarded is 2004
in Article II, Sections 16 ("the right — to a balanced and given specification in operational terms, defendants may
healthful ecology") and 15 ("the right to health"). As a well be unable to defend themselves intelligently and The “equal access” provision is a subsumed part of Article
matter of logic, by finding petitioners' cause of action as effectively; in other words, there are due process II of the Constitution, entitled “Declaration of Principles
anchored on a legal right comprised in the constitutional dimensions to this matter. The second is a broader-gauge and State Policies.” The provisions under the Article are
statements above noted, the Court is in effect saying that consideration — where a specific violation of law or generally considered not self-executing, 2 and there is no
Section 15 (and Section 16) of Article II of the Constitution applicable regulation is not alleged or proved, petitioners plausible reason for according a different treatment to the
are self-executing and judicially enforceable even in their can be expected to fall back on the expanded conception of “equal access” provision. Like the rest of the policies
present form. The implications of this doctrine will have to judicial power in the second paragraph of Section 1 of enumerated in Article II, the provision does not contain any
be explored in future cases; those implications are too large Article VIII of the Constitution which reads: "Section 1 . . . judicially enforceable constitutional right but merely
and far-reaching in nature even to be hinted at here. Judicial power includes the duty of the courts of justice to specifies a guideline for legislative or executive action. 3
settle actual controversies involving rights which are The disregard of the provision does not give rise to any
3. ID.; RIGHT TO HEALTH; SHOULD SPECIFICALLY legally demandable and enforceable, and to determine cause of action before the courts. 4
EXIST IN OUR CORPUS OF LAW. — Justice Feliciano whether or not there has been a grave abuse of discretion
suggestion is simply that petitioners must, before the trial amounting to lack or excess of jurisdiction on the part of An inquiry into the intent of the framers 5 produces the
court, show a more specific legal right — a right cast in any branch or instrumentality of the Government." When same determination that the provision is not self-executory.
language of a significantly lower order of generality than substantive standards as general as "the right to a balanced The original wording of the present Section 26, Article II
Article II (15) of the Constitution — that is or may be and healthy ecology" and "the right to health" are combined had read, “The State shall broaden opportunities to public
violated by the actions, or failures to act, imputed to the with remedial standards as broad ranging as "a grave abuse office and prohibit public dynasties.” 6 Commissioner (now
public respondent by petitioners so that the trial court can of discretion amounting to lack or excess of jurisdiction," Chief Justice) Hilario Davide, Jr. successfully brought forth
validly render judgment granting all or part of the relief the result will be, it is respectfully submitted, to propel an amendment that changed the word “broaden” to the
prayed for. To my mind, the Court should be understood as courts into the uncharted ocean of social and economic phrase “ensure equal access,” and the substitution of the
simply saying that such a more specific legal right or rights policy making. At least in respect of the vast area of word “office” to “service.” He explained his proposal in
may well exist in our corpus of law, considering the general environmental protection and management, our courts have this wise:
policy principles found in the Constitution and the no claim to special technical competence and experience
existence of the Philippine Environment Code, and that the and professional qualifications. Where no specific, operable
I changed the word “broaden” to “ENSURE EQUAL
trial court should have given petitioners an effective norms and standards are shown to exist, then the policy
ACCESS TO” because what is important would be equal
opportunity so to demonstrate, instead of aborting the making departments — the legislative and executive
access to the opportunity. If you broaden, it would
proceedings on a motion to dismiss. departments — must be given a real and effective
necessarily mean that the government would be mandated
opportunity to fashion and promulgate those norms and
to create as many offices as are possible to accommodate as
many people as are also possible. That is the meaning of
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broadening opportunities to public service. So, in order that may motu proprio refuse to give due course to or cancel a in legal parlance, what it means in ordinary parlance,
we should not mandate the State to make the government Certificate of Candidacy. namely, a question of policy. It refers to those questions
the number one employer and to limit offices only to what which, under the Constitution, are to be decided by the
may be necessary and expedient yet offering equal As long as the limitations apply to everybody equally people in their sovereign capacity, or in regard to which full
opportunities to access to it, I change the word “broaden.” 7 without discrimination, however, the equal access clause is discretionary authority has been delegated to the
(emphasis supplied) not violated. Equality is not sacrificed as long as the Legislature or executive branch of the Government (16 C.
burdens engendered by the limitations are meant to be J. S., 413). It is concerned with issues dependent upon the
Obviously, the provision is not intended to compel the State borne by any one who is minded to file a certificate of wisdom, not legality, of a particular measure. In the case at
to enact positive measures that would accommodate as candidacy. In the case at bar, there is no showing that any bar, the question for determination is whether the election
many people as possible into public office. The approval of person is exempt from the limitations or the burdens which of two senators, by the Senate, as members of the Senate
the “Davide amendment” indicates the design of the they create. Electoral Tribunal, upon nomination by another senator,
framers to cast the provision as simply enunciatory of a who is a member and spokesman of the party having the
desired policy objective and not reflective of the imposition Significantly, petitioner does not challenge the largest number of votes in the Senate, on behalf of its
of a clear State burden. constitutionality or validity of Section 69 of the Omnibus Committee on Rules, contravenes the constitutional
Election Code and COMELEC Resolution No. 6452 dated mandate that said members of the tribunal shall be chosen
Moreover, the provision as written leaves much to be 10 December 2003. Thus, their presumed validity stands "upon nomination *** of the party having the second
desired if it is to be regarded as the source of positive and has to be accorded due weight. largest number of votes" in the Senate, and hence, is null
rights. It is difficult to interpret the clause as operative in and void. This is not a political question. The Senate is not
the absence of legislation since its effective means and Clearly, therefore, petitioner’s reliance on the equal access clothed with "full discretionary authority" in the choice of
reach are not properly defined. Broadly written, the myriad clause in Section 26, Article II of the Constitution is members of the Senate Electoral Tribunal. The exercise of
of claims that can be subsumed under this rubric appear to misplaced. its power thereon is subject to constitutional limitations. It
be entirely open-ended. 8 Words and phrases such as is clearly within the legitimate province of the judicial
“equal access,” “opportunities,” and “public service” are department to pass upon the validity of the proceedings in
VI. MANDATORY VS. DIRECTORY
susceptible to countless interpretations owing to their connection therewith. Hence, this Court has, not only
inherent impreciseness. Certainly, it was not the intention jurisdiction, but, also the duty, to consider and determine
a. Tanada v. Cuenco, 103 Phil. 1051 (1957)
of the framers to inflict on the people an operative but the principal issue raised by the parties herein.
amorphous foundation from which innately unenforceable 1. CONSTITUTIONAL LAW; SELECTION OF
rights may be sourced. 3. ID.; ID.; MAIN OBJECTION IN PROVIDING THE
MEMBERS OF THE SENATE ELECTORAL
ESTABLISHMENT OR ELECTORAL TRIBUNALS. —
TRIBUNAL; NATURE OF TRIBUNAL. — Although the
As earlier noted, the privilege of equal access to The main objective of the framers of the Constitution in
Constitution provides that the Senate shall choose six (6)
opportunities to public office may be subjected to providing for the establishment, first, of an Electoral
Senators to be members of the Senate Electoral Tribunal,
limitations. Some valid limitations specifically on the Commission, and then of one Electoral Tribunal for each
the letter is part neither of Congress nor of the Senate.
privilege to seek elective office are found in the provisions House of Congress was to insure the exercise of judicial
(Angara vs. Electoral Commission, 63 Phil., 139; Suanes
9 of the Omnibus Election Code on “Nuisance Candidates” impartiality in the disposition of election contests affecting
vs. Chief Accountant, 81 Phil., 818; 46 Off. Gaz., 462.)
and COMELEC Resolution No. 6452 10 dated December members of the lawmaking body. To achieve this purpose,
10, 2002 outlining the instances wherein the COMELEC two devices were resorted to, namely: (a) the party having
2. ID.; ID.; MEANING OF "POLITICAL QUESTION"; the largest number of votes, and the party having the
CASE AT BAR. — The term "political question" connotes,
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second largest number of votes, in the National Assembly LAW PREVAILS OVER ITS LETTER. — While it is true nomination of the political parties referred to in the
or in each House of Congress, were given the same number that the membership of the Senate Electoral Tribunal, in the Constitution, the latter thereby indicates its reliance upon
of representatives in the Electoral Commission or Tribunal case at bar, would in effect be limited to seven (7), instead the method of selection thus established, regardless of the
so that they may realize that partisan considerations could of nine (9), members it must be conceded that the present individual qualities of those chosen therefor. The delegates
not control the adjudication of said cases, and thus be composition of the Senate, wherein twenty-three (23) of its to the Convention did not ignore the fact that the
induced to act with greater impartiality; and (b) the members belong to one party and one (1) member belongs Constitution must limit itself to giving general patterns or
Supreme Court was given in said body the same number of to another, was not foreseen by the framers of the norms of action. In connection, particularly with the
representatives as each one of said political parties, so that Constitution. Furthermore, the spirit of the law prevails composition of the Electorals, they believed that, even the
the influence of the former may be decisive and endow said over its letter, and the solution herein adopted maintains the most well meaning individuals often find it difficult to
Commission or Tribunal with judicial temper. spirit of the Constitution, for partisan considerations cannot shake of the bias and prejudice created by political
be decisive in a tribunal consisting of three (3) Justices of antagonisms and to resist the demands of political
4. ID.; ID.; MOST VITAL FEATURE OF ELECTORAL the Supreme Court, three (3) members nominated by the exigencies, the pressure of which is bound to increase in
TRIBUNALS. — The most vital feature of the Electoral majority party and either one (1) or two (2) members proportion to the degree of predominance of the party from
Tribunals is the equal representation of the parties having nominated by the party having the second largest number of which it comes.
the largest and the second largest number of votes in each votes in the House concerned.
House therein, and the resulting equilibrium to be 9. ID.; ID,; ID.; WAIVER OF CONSTITUTIONAL
maintained by the Justices of the Supreme Court as 7. ID,; ID.; ID.; MODERATING ROLE OF JUSTICES OF PROVISIONS INTENDED FOR ONE'S BENEFIT —
members of said Tribunals. THE SUPREME COURT. — If the Nacionalista Party Although "an individual may waive constitutional
would be allowed to nominate five (5) members to the provisions intended for his benefit," particularly those
5. ID.; ID.; PROCEDURE PRESCRIBED FOR Senate Electoral Tribunal instead of three (3), it would have meant for the protection of his property, and, sometimes,
SELECTION OF MEMBERS; COMPLIANCE WITH the absolute majority, since there would be one (1) member even those tending "to secure his personal liberty" the
PROCEDURE MANDATORY. — The framers of the of the Citizens Party and three (3) members of the Supreme power to waive does not exist when "public policy or
Constitution intended to prevent the majority party from Court, and hence, the philosophy underlying the public morals" are involved. (11 Am. Jur. 765; I Cooley's
controlling the Electoral Tribunals, and the structure Constitution would be entirely upset. The equilibrium Constitutional Limitations, pp. 368-371) The procedure
thereof is founded upon the equilibrium between the between the political parties therein would be destroyed, outlined in the Constitution for the organization of the
majority and the minority parties therein, with the Justice of and, what is worse, the decisive moderating role of the Electoral Tribunals was adopted in response to the demands
the Supreme Court, who are members of said Tribunals, Justice of the Supreme Court would be wiped out, and, in of the commonweal, and it has been held that "where a
holding the resulting balance of power. The procedure lieu thereof, the door would be thrown wide open for the statute is founded on public policy, those to whom it
prescribed in section 11 of Article VI of the Constitution predominance of political considerations in the applies should not be permitted to waive its provisions" (82
for the selection of members of the Electoral Tribunals is determination of election protests pending before said C. J. S., 874).
vital to the role they are called upon to play. It constitutes Tribunal, which is precisely what the fathers of our
the essence of said Tribunals. Hence, compliance with said Constitution earnestly strove to forestall. 10. ID.; ACTS OF CONGRESS; AUTHORITY OF
procedure is mandatory, and acts performed in violation COURTS TO PASS UPON THE
thereof are null and void. 8. ID.; ID.; RELIANCE BY THE CONSTITUTION UPON CONSTITUTIONALITY. — The provision in the
THE METHOD OF SELECTION ESTABLISHED Constitution vesting the legislative power in the Congress
6. ID.; ID.; PRESENT SITUATION NOT FORESEEN BY THEREIN. — When the election of members of Congress of the Philippines does not detract from the power of the
FRAMERS OF THE CONSTITUTION; SPIRIT OF THE to the Electoral Tribunal is made dependent upon the courts to pass upon the constitutionality of act of Congress.
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Since judicial power includes the authority to inquire into 12. ID.; CONFLICT BETWEEN SPIRIT AND LETTER 3. ID.; NATURE OF POWER TO AMEND THE
the legality of statutes enacted by the two Houses of OF A STATUTE. — As a general rule of statutory CONSTITUTION. — The power to amend the Constitution
Congress, and approved by the Executive there can be no construction, the spirit or intention of a statute prevails over or to propose, amendments thereto is not included in the
reason why the validity of an act of one of said Houses like the letter thereof, and whatever is within the spirit of a general grant of legislative powers to Congress (Sec. 1, Art,
that of any other branch of the Government, may not be statute is within the statute although it is not within the VI, Const.) It is part of the inherent powers of the people -
determined in the proper actions. In fact, whenever the letter thereof, while that which is within the letter, but not as the repository of sovereignty in a republican state, such
conducting claims of the parties to a litigation cannot within the spirit of a statute, is not within the statute, but, as ours (Sec. 1, Art. II, Const.) — to make and hence, to
properly be settled without inquiring into the validity of an the letter of it is not to be disregarded on the pretext of amend their own Fundamental Law. Congress may propose
act of Congress or of either House thereof, the courts have, pursuing its spirit. (82 C.J.S., 613) amendments to the Constitution merely because the same
not only jurisdiction to pass upon said issue, but, also, the explicit]y grants such power (Sec. 1, Art. XV, Const.).
duty to do so, which cannot be evaded without violating the b. Gonzales v. COMELEC, G.R. No. 28196, November Hence, when exercising the same, it is said that Senators
fundamental law and paving the way to its eventual 9, 1967 and Members of the House of Representatives act, not as
destruction. members of Congress, but as component elements of a
1. CONSTITUTIONAL LAW; POWER OF JUDICIAL constituent assembly. When acting as such, the members of
11. STATUTORY CONSTRUCTION; DOCTRINE OF DEPARTMENT TO DETERMINE PROPER Congress derive their authority from the Constitution,
CONTEMPORANEOUS OR PRACTICAL ALLOCATION OF POWERS BETWEEN SEVERAL unlike the people, when performing the same function, for
CONSTRUCTION; WHEN APPLICABLE. — As a DEPARTMENTS. — The "Judicial department is the only their authority does not emanate from the Constitution -
general rule, it is only in cases of substantial doubt and constitutional organ which can be called upon to determine they are the very source of all powers of government,
ambiguity that the doctrine of contemporaneous or practical the proper allocation of powers between the several including the Constitution itself.
construction has any application. Where the meaning of a departments and among the integral or constituent units
constitutional provision is clear, a contemporaneous or thereof" (Angara vs. Electoral Commission, 63 Phil., 139). 4. ID.; POWER OF APPORTIONMENT OF
practical executive interpretation thereof is entitled to no CONGRESSIONAL DISTRICTS. — It is not true that
weight and will not be allowed to distort or in any way 2. ID.; POWER TO PASS UPON VALIDITY OF Congress has not made an apportionment within three years
change its natural meaning. The reason is that the CONSTITUTIONAL AMENDMENT. — In Mabanag vs. after the enumeration or census made in 1960. It did
application of the doctrine of contemporaneous Lopez Vito, (78 Phil., 1), the Court declined to pass upon actually pass a bill, which became Republic Act 3040
construction is more restricted as applied to the the question whether or not a given number of votes cast in (Approved, June 17, 1961) purporting to make said
interpretation of constitutional provisions than when Congress in favor of a proposed amendment to the apportionment. This Act was, however, declared
applied to statutory provisions, and that, except as to Constitution satisfied the three-fourths vote requirement of unconstitutional, on the ground that the apportionment
matters committed by the Constitution itself to the the fundamental law, characterizing the issue as a political therein undertaken had not been made according to the
discretion of some other department, contemporary or one. The force of this precedent has been weakened by number of inhabitants of the different provinces of the
practical construction is not necessarily binding upon the Suanes vs. Chief Accountant of the Senate (81 Phil. 818), Philippines (Macias vs. Commission on Elections, supra).
courts even in a doubtful case. Hence if in the judgment of Avelino vs. Cuenco (1-12851, March 4, and 14, 1949),
the court, such construction is erroneous and its further Tañada vs. Cuenco (L-10520, Feb. 18, 1957), and Macias 5. ID.; ID.; FAILURE OF CONGRESS TO MAKE
application is not made imperative by any paramount vs. Commission on Elections, 58 Off. Gaz; (51) 8388. The APPORTIONMENT DID NOT MAKE CONGRESS
consideration of public policy, it may be rejected (16 C. J. Court rejected the theory, advanced in these four cases, that ILLEGAL OR UNCONSTITUTIONAL. — The fact that
S., 71-72) the issues therein raised were political questions, the Congress is under legal obligation to make apportionment
determination of which, is beyond judicial review. as required under the Constitution, does not justify the
Page | 41
conclusion that failure to comply with such obligation consequence of the failure of said body to make an 12. ID.; ID.; VALIDITY OF ACTS OF DE FACTO
rendered Congress illegal or unconstitutional, or that its apportionment within three years after the census of 1960. OFFICER CANNOT BE ASSAILED COLLATERALLY.
Members have become de facto officers. The effect of the Inasmuch as the general elections in 1965 were presumably — Neither may the validity of his acts be questioned upon
omission has been envisioned ia the Constitution (Sec. 5, held in conformity with said Election Law and the legal the ground that he is merely a de facto officer (People vs.
Art. VI, Const.). The provision does not support the view provisions creating Congress - with a House of Gabitanan, 43 Off. Gaz. 3211). And the reasons are
that, upon the expiration of the period to make their Representatives composed of members elected by qualified obvious: (1) it would be an indirect inquiry into the title to
apportionment, a Congress which falls to make it is voters of representative districts as they existed at the time toe office; and (2) the acts of a de facto officer, if within the
dissolved or becomes illegal. On the contrary it implies of said elections - remained in force, we cannot see how competence of his office, are valid, insofar as the public is
necessarily that Congress shall continue to function with said Members of the House of Representatives can be concerned.
representative districts existing at the time of the expiration regarded as de facto officers owing to the failure of their
of said period. predecessors in office to make a reapportionment within the 13. ID.; MEANING OF THE TERM "OR". — The term
period aforementioned. "or" has, oftentimes, been held to mean "and," or vice-
6. ID.; ID.; NO VALID APPORTIONMENT SINCE versa, when the spirit or context of the law warrants it (50
ADOPTION OF CONSTITUTION IN 1935; EFFECT 10. ID.; DE FACTO DOCTRINE REASON THEREOF. — Am. Jur. 267-268).
THEREOF. — Since the adoption of the Constitution in The main reason for the existence of the de facto doctrine is
1935, Congress has not made a valid apportionment as that public interest demands that acts of persons holding 14. ID.; POWER OF CONGRESS TO APPROVE
required in the fundamental law. under color of title, an office created by a valid statute be, RESOLUTIONS AMENDING THE CONSTITUTION. —
likewise, deemed valid insofar as the public — as There is nothing in the Constitution or in the history thereof
7. ID.; ID.; SENATE AND HOUSE CONSTITUTED ON distinguished from the officer in question - is concerned that would negate the authority of different Congresses to
DECEMBER 30, 1961 WERE DE JURE BODIES. — The (Lino Luna vs. Rodriquez, et al., 37 Phil., 192 and other approve the contested resolutions, or of the same Congress
Senate and House of Representatives organized or cases). Indeed, otherwise, those dealing with officers and to pass the same in different sessions or different days of
constituted on December 30, 1961 were de jure bodies and employees of the Government would be entitled to demand the same congressional session. Neither has any plausible
the Members thereof were de jure officers. from them satisfactory proof of their title to the positions reason been advanced to justify the denial of authority to
they hold, before dealing with them, or before recognizing adopt said resolutions on the same day.
8. ID.; ID.; FAILURE OF CONGRESS TO DISCHARGE their authority or obeying their commands, even if they
MANDATORY DUTY. — Neither our political law, in should act within the limits of the authority vested in their 15. ID.; MEANING OF TERM "ELECTION" IN ART.
general, nor our law on public officers, in particular, respective offices, positions or employments (Torres vs. XV, CONSTITUTION. — There is in this provision
supports the view that failure to discharge a mandatory Ribo, 81 Phil., 50). One can imagine the great nothing to indicate that the "election" therein referred to is a
duty, whatever it may be, would automatically result in the inconvenience, hardships and evils that would result in the "special", not a general, election. The circumstance that
forfeiture of an office, in the absence of a statute to this absence of the de facto doctrine. three previous amendments to the Constitution had been
effect. submitted to the people for ratification in special elections
11. ID.; ID.; TITLE OF DE FACTO OFFICER CANNOT merely shows that Congress deemed it best to do so under
9. ID.; ID.; PROVISIONS OF ELECTION LAW BE ASSAILED COLLATERALLY. — The title of a de the circumstances then obtaining. It does not negate its
RELATIVE TO ELECTION OF MEMBERS OF facto officer cannot be assailed collaterally (Nacionalista authority to submit proposed amendments for ratification in
CONGRESS IN 1965, NOT REPEALED. — The Party vs. De Vera, 85, Phil., 126). It may not be contested general elections.
provisions of our Election Law relative to the election of except directly, by quo warranto proceedings.
Members of Congress in 1965, were not repealed in
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16. ID.; LEGISLATION CANNOT BE NULLIFIED FOR 19. ID.; DETERMINATION OF CONDITIONS FOR interpretation that the petitioners would have on this
FAILURE OF CERTAIN SECTORS TO DISCUSS IT SUBMISSION OF AMENDMENTS TO PEOPLE, provision, namely, that it means only a special election.
SUFFICIENTLY. — A legislation cannot be nullified by PURELY LEGISLATIVE. — The determination of the
reason of the failure of certain sectors of the community to conditions under which the proposed amendments shall be BENGZON, J.P., J., concurring:
discuss it sufficiently. Its constitutionality or submitted to the people is concededly a matter which falls
unconstitutionality depends upon no other factors than within the legislative sphere. 1. CONSTITUTIONAL LAW; AMENDMENTS TO THE
those existing at the time of the enactment thereof, CONSTITUTION; REPUBLIC ACT 49138. — Republic
unaffected by the acts or omissions of law enforcing MAKALINTAL, J., concurring: Act 4913, effective June 17, 1967, is an Act submitting to
agencies, particularly those that take place subsequently to the Filipino people for approval the amendments to the
the passage or approval of the law. 1. CONSTITUTIONAL LAW; AMENDMENTS TO THE Constitution of the Philippines proposed by the Congress of
CONSTITUTION; RATIFICATION BY THE PEOPLE; the Philippines in Resolutions of both Houses Numbered 1
17. ID.; PUBLIC KNOWLEDGE OF PROPOSED SECTIONS 2 AND 4 OF REPUBLIC ACT 4913 IS and 3, adopted on March 16, 1967. Said Republic Act fixes
AMENDMENTS. — A considerable portion of the people SUFFICIENT COMPLIANCE WITH THE the date and manner of the election at which the aforesaid
may not know how over 160 of the proposed maximum of REQUIREMENTS OF THE LAW. — Considered in itself proposed amendments shall be voted upon by the people,
representative districts are actually apportioned by RBH and without reference to extraneous factors and and appropriates funds for said election. Resolutions of
No. 1 among the provinces in the Philippines. It is not circumstances, the manner prescribed in Sections 2 and 4 of both Houses Nos. 1 and 3 propose two amendments to the
impossible however, that they are not interested in the R.A. 4913 is sufficient for the purpose of having the Constitution: the first, to amend Sec. 5 Art. VI, by
detail of the apportionment, or that a careful reading thereof proposed amendments submitted to the people for their increasing the maximum membership of the House of
may tend, in their simple minds, to impair a clear vision ratification, as enjoined in Section 1, Article XV of the Representatives from 120 to 180, apportioning 160 of said
thereof. Upon the other hand, those who are more Constitution. I am at a loss to say what else should have 180 seats and eliminating the provision that Congress shall
sophisticated, may enlighten themselves sufficiently by been required by the Act to make it adhere more closely to by law make an apportionment within three years after the
reading the copies of the proposed amendments posted in the constitutional requirement. Certainly it would have return of every enumeration; the second, to amend Sec. 16,
public places, the copies kept in the polling places and the been out of place to provide, for instance, that Art. VI, by allowing Senators and Representatives to be
text of the contested resolutions as printed in full on the governmental officials and employees should go out and delegates to a constitutional convention without forfeiting
back of the ballots they will use. explain the amendments to the people, or that they should their seats.
be the subject of any particular means or form of public
18. ID.; JUDICIAL POWER TO NULLIFY EXECUTIVE discussion. 2. ID.; ID.; ID.; RATIFICATION BY THE PEOPLE IN A
OR LEGISLATIVE ACTS, NOT VIOLATIVE OF SPECIAL ELECTION FOR THE PURPOSE NOT
PRINCIPLE OF SEPARATION OF POWERS. — The 2. ID., ID.; ID.; SUBMISSION OF AMENDMENTS TO SPECIFICALLY REQUIRED. — Nowhere in Sec. 1, Art.
system of checks and balances underlying the judicial THE PEOPLE AT A GENERAL ELECTION. — I reject XV is it required that the ratification be thru an election
power to strike down acts of the Executive or of Congress the argument that the ratification must necessarily be in a solely for that purpose. It only requires that it be at "an
transcending the confines set forth in the fundamental law special election or plebiscite called for that purpose alone. election at which the amendments are submitted to the
is not in derogation of the principle of separation of powers, While such procedure is highly to be preferred, the people for their ratification." To join it with an election for
pursuant to which each department is supreme within its Constitution speaks simply of "an election at which the candidates to public office, that is, to make it concurrent
own sphere. amendments are submitted to the people for their with such election, does not render it any less an election at
ratification," and I do not subscribe to the restrictive which the proposed amendments are submitted to the
people for their ratification. No prohibition being found in
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the plain terms of the Constitution, none should be inferred. 4. ID.; ID.; ID.; STATUTE WHICH PROVIDES oneself with the Constitution as it stands has been available
Had the framers of the Constitution thought of requiring a SUFFICIENT OPPORTUNITY TO THE VOTERS TO thru all these years. Perhaps it would have been more
special election for the purpose only of the proposed CAST AN INTELLIGENT VOTE ON THE PROPOSALS, convenient for the voters if the present wording of the
amendments, they could have said so, by qualifying the NOT OFFENSIVE AGAINST THE DUE PROCESS provisions were also to be printed on the ballot. The same
phrase with some word such as "special" or "solely" or CLAUSE. — Republic Act 4913 does not offend against however, is a matter policy. As long as the method adopted
"exclusively". They did not. substantive due process. An examination of the provisions provides sufficiently reasonable chance to intelligently vote
of the law shows no violation of the due process clause of on the amendments, and I think it does in this case, it is not
3. ID.; ID.; ID.; STATUTE WHICH PROVIDES FOR the Constitution. The publication in the Official Gazette at constitutionally defective.
HOW AND WHEN THE AMENDMENTS ALREADY least 20 days before the election, the posting of notices in
PROPOSED ARE GOING TO BE VOTED UPON AND public buildings not later than Oct. 14, 1967, to remain 6. ID.; LEGISLATIVE DEPARTMENT; POWER OF
APPROPRIATES FUNDS TO CARRY OUT ITS posted until after the elections, the placing of copies of the CONGRESS TO PROPOSE AMENDMENTS OR CALL
PROVISIONS DOES NOT NEED THE 3/4 VOTE OF proposed amendments in the polling places, aside from A CONVENTION FOR THAT PURPOSE. — Sec. 1, Art.
CONGRESS IN JOINT SESSION. — The submission of printing the same at the back of the ballot, provide XV states that Congress "may propose amendments or call
proposed amendments can be done thru an ordinary statute sufficient opportunity to the voters to cast an intelligent a convention for that purpose". The term "or", however, is
passed by Congress. The Constitution does not expressly vote on the proposal. Due process refers only to providing frequently used as having the same meaning as "and"
state by whom the submission shall be undertaken; the rule fair opportunity; it does not guarantee that the opportunity particularly in permissive, affirmative sentences so that the
is that a power not lodged elsewhere under the Constitution given will in fact be availed of; that is the look out of the interpretation of the word "or" as "and" in the Constitution
is deemed to reside with the legislative body, under the voter and the responsibility of the citizen. As long as fair in such use will not change its meaning (Vicksburg, S. and
doctrine of residuary powers. Congress therefore validly and reasonable opportunity to be informed is given, and it P. R. Co. v. Goodenough, 32 So. 404, 411, 108 La. 442).
enacted Republic Act 4913 to fix the details of the date and is, the due process clause is not infringed. And it should be pointed out that the resolutions proposing
manner of submitting the proposed amendments to the amendments (R.B.H. Nos. 1 and 3) are different from that
people for their ratification. Since it does not "propose 5. ID.; ID.; RATIFICATION OF; VOTERS TO BE calling for a convention (R.B.H. No. 2). Surely, if Congress
amendments" in the sense referred to by Sec. 1, Art. XV of SUFFICIENTLY INFORMED OF THE PROPOSED deems it better or wise to amend the Constitution before a
the Constitution, but merely provides for how and when the AMENDMENTS TO INTELLIGENTLY VOTE convention caused for is elected, it should not be fettered
amendments already proposed, are going to be voted upon, THEREON; METHOD ADOPTED IN THE CASE AT from doing so. For our purposes in this case, suffice it to
the same does not need the 3/4 vote in joint session BAR NOT CONSTITUTIONALLY DEFECTIVE. — note that the Constitution does not prohibit it from doing
required in Sec. 1, Art. XV of the Constitution. Non-printing of the provisions to be amended as they now so.
Furthermore, Republic Act 4913 is an appropriation stand, and the printing of the full proposed amendments at
measure. Sec. 6 thereof appropriates P1,000,000 for the back of the ballot instead of the substance thereof at the 7. ID.; ID.; MEMBERS OF CONGRESS;
carrying out its provisions. Sec. 18, Art. VI of the face of the ballot, do not deprive the voter of fair REPRESENTATION ACCORDING TO DISTRICTS;
Constitution states that "All appropriation bills shall opportunity to be informed. The present wording of the STATUS QUO RETAINED IN THE ABSENCE OF
originate exclusively in the House of Representatives". Constitution is not being veiled or suppressed from him; he APPORTIONMENT REQUIRED BY LAW. — Sec. 5 of
Republic Act 4913, therefore, could not have been validly is conclusively presumed to know them and they are Art. VI of the Constitution provides in part that "The
adopted in a joint session, reinforcing the view that Sec. 1, available should he want to check on what he is Congress shall by law make an apportionment within three
Art. XV does not apply to such a measure providing for the conclusively presumed to know. Should the voters choose years after the return of every enumeration, and not
holding of the election to ratify the proposed amendments, to remain ignorant of the present Constitution, the fault otherwise". It however further states in the next sentence:
which must perforce appropriate funds for its purpose. does not lie with Congress. For opportunity to familiarize "Until such apportionment shall have been made, the House
Page | 44
of Representatives shall have the same number of Members from the incubus of extraneous or possibly insidious and people do not have at hand the necessary data on which
as that fixed by law for the National Assembly, who shall influences. We believe the word "submitted" can only mean to base their stand on the merits and demerits of said
be elected by the qualified electors from the present that the government, within its maximum capabilities, amendments, there is no proper submission of the proposed
Assembly districts". The failure of Congress, therefore, to should strain every effort to inform every citizen of the constitutional amendments within the meaning and
pass a valid redistricting law since the time the above provisions to be amended, and the proposed amendments intendment of Section 1, Article XV of the Constitution.
provision was adopted, does not render the present and the meaning, nature and effects thereof. By this, we are
districting illegal or unconstitutional. For the Constitution not to be understood as saying that, if one citizen or 100 REYES, J.B.L., J., concurring:
itself provides for its continuance in such cases, rendering citizens or 1,000 citizens cannot be reached, then there is
legal and de jure the status quo. no submission within the meaning of the word as intended 1. CONSTITUTIONAL LAW; AMENDMENTS TO THE
by the framers of the Constitution. What the Constitution in CONSTITUTION; RATIFICATION BY THE PEOPLE;
SANCHEZ J., concurring: effect directs is that the government, in submitting an SUBMISSION OF THE PROPOSED AMENDMENTS AT
amendment for ratification, should put every A SPECIAL ELECTION CALLED FOR THE PURPOSE.
1. CONSTITUTIONAL LAW; AMENDMENTS TO THE instrumentality or agency within its structural framework to — The framers of the Constitution, aware of the
CONSTITUTION; AN EXPRESSION OF THE PEOPLE'S enlighten the people, educate them with respect to their act fundamental character thereof, and of the need of giving it
SOVEREIGN WILL. — A constitutional amendment is not of ratification or rejection. For, as we have earlier stated, as much stability as is practicable, could have only meant
a temporary expedient. Unlike a statute which may suffer one thing is submission and another is ratification. There that any amendments thereto should be debated, considered
amendments three or more times in the same year, it is must be fair submission, intelligent consent or rejection. If and voted upon at an election wherein the people could
intended to stand the test of time. It is an expression of the with all these safeguards the people still approve the devote undivided attention to the subject, That this was the
people's sovereign will. amendment no matter how prejudicial it is to them, then so intention and the spirit of the provision is corroborated in
be it. For, the people decree their own fate. the case of all other constitutional amendments in the past,
2. ID.; ID.; RATIFICATION BY THE PEOPLE; that were submitted to and approved in special elections
SUBMISSION OF PROPOSED AMENDMENTS; 3. ID.; ID.; ID.; ID.; NO PROPER SUBMISSION WHERE exclusively devoted to the issue whether the legislature's
GOVERNMENT TO EXERT EFFORTS TO INFORM PEOPLE NOT SUFFICIENTLY INFORMED OF THE amendatory proposals should be ratified or not.
EVERY CITIZEN OF THE PROVISIONS TO BE AMENDMENT TO BE VOTED UPON. — If the people
AMENDED. — The words "submitted to the people for are not sufficiently informed of the amendments to be voted FERNANDO, J., concurring:
ratification", if construed in the light of the nature of the upon, to conscientiously deliberate thereon, to express their
Constitution — a fundamental charter that is legislation will in a genuine manner, it cannot be said that in 1. CONSTITUTIONAL LAW; AMENDMENTS TO THE
direct from the people, an expression of their sovereign will accordance with the constitutional mandate, "the CONSTITUTION; JUDICIAL INQUIRY AS TO THE
— mean that it can only be amended by the people amendments are submitted to the people for their AMENDING PROCESS APPROPRIATE TO ASSURE
expressing themselves according to the procedures ratification." UTMOST COMPLIANCE WITH THE
ordained by the Constitution. Therefore, amendments must CONSTITUTIONAL REQUIREMENTS. — In Mabanag
be fairly laid before the people for their blessing or 4. ID.; ID.; ID.; ID.; RA 4913 VIOLATIVE OF THE v. Lopez Vito, 78 Phil. 1 (1947) this Court through Justice
spurning. The people are not to be mere rubber stamps. CONSTITUTION FOR PRESCRIBING A PROCEDURE Tuazon followed Coleman v. Miller, 307 US 433 (1939) in
They are not to vote blindly. They must be afforded ample WHICH DOES NOT EFFECTIVELY BRING THE its holding that certain aspects of the amending process
opportunity to mull over the original provisions, compare MATTER TO THE PEOPLE. — When the voters do not may be considered political. His opinion quoted with
them with the proposed amendments and try to reach a have the benefit of proper notice of the proposed approval the view of Justice Black, to which three other
conclusion as the dictates of their conscience suggest, free amendments thru dissemination by publication in extenso members of the United States Supreme Court agreed, that
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the process itself is political in its entirety, "from expect absolute correctness of the facts stated in the 3. The power of the Court to review the sufficiency of the
submission until am amendment becomes part of the proclamation and in the written Report as the President factual basis of the proclamation of martial law or the
Constitution, and is not subject to judicial guidance, control could not be expected to verify the accuracy and veracity of suspension of the privilege of the writ of habeas corpus
or interference at any point." In a sense that would solve the all facts reported to him due to the urgency of the situation. under Section 18, Article VII of the 1987 Constitution is
matter neatly. The judiciary would be spared the at times To require him otherwise would impede the process of his independent of the actions taken by Congress.
arduous and in every case soul-searching process of decision-making.
determining whether the procedure for amendments The Court may strike down the presidential proclamation in
required by the Constitution has been followed. At the b.) The recommendation of the Defense Secretary is not a an appropriate proceeding filed by any citizen on the
same time, without impugning the motives of Congress, condition for the declaration of martial law or suspension of ground of lack sufficient factual basis. On the other hand,
which cannot be judicially inquired into at any rate, it is not the privilege of the writ of habeas corpus. A plain reading Congress may revoke the proclamation or suspension,
beyond the realm of possibility that a failure to observe the of Section 18, Article VII of the Constitution shows that the which revocation shall not be set aside by the President.
requirements of Article XV would occur. In the event that President’s power to declare martial law is not subject to The power to review by the Court and the power to revoke
judicial intervention is sought, to rely automatically on the any condition except for the requirements of actual by Congress are not only totally different but likewise
theory of political question to avoid passing on such a invasion or rebellion and that public safety requires it. independent from each other although concededly, they
matter of delicacy might under certain circumstances be Besides, it would be contrary to common sense if the have the same trajectory, which is, the nullification of the
considered, and rightly so, as nothing less than judicial decision of the President is made dependent on the presidential proclamation.
abdication or surrender. recommendation of his mere alter ego. Only on the
President can exercise of the powers of the Commander-in- 4. The parameters for determining the sufficiency of factual
c. Rep. Edcel Lagman, et al. v. Executive Secretary Chief. basis are as follows: l) actual rebellion or invasion; 2)
Medialdea, G.R. No. 231658, July 4, 2017 public safety requires it; the first two requirements must
c.) As Commander-in-Chief, the President has the sole concur; and 3) there is probable cause for the President to
1. The Court agrees that the jurisdiction of this Court under discretion to declare martial law and/or to suspend the believe that there is actual rebellion or invasion.
the third paragraph of Section 18, Article VII is sui generis. privilege of the writ of habeas corpus, subject to the
It is a special and specific jurisdiction of the Supreme Court revocation of Congress and the review of this Court. Since The President needs only to satisfy probable cause as the
different from those enumerated in Sections 1 and 5 of the exercise of these powers is a judgment call of the standard of proof in determining the existence of either
Article VIII. The phrase “in an appropriate proceeding” President, the determination of this Court as to whether invasion or rebellion for purposes of declaring martial law,
appearing on the third paragraph of Section 18, Article VII there is sufficient factual basis for the exercise of such, and that probable cause is the most reasonable, most
refers to any action initiated by a citizen for the purpose of must be based only on facts or information known by or practical and most expedient standard by which the
questioning the sufficiency of the factual basis of the available to the President at the time he made the President can fully ascertain the existence or non-existence
exercise of the Chief Executive’s emergency powers, as in declaration or suspension which facts or information are of rebellion necessary for a declaration of martial law or
these cases. It could be denominated as a complaint, a found in the proclamation as well as the written Report suspension of the writ. To require him to satisfy a higher
petition, or a matter to be resolved by the Court. submitted by him to Congress. These may be based on the standard of proof would restrict the exercise of his
situation existing at the time the declaration was made or emergency powers.
2. a.) In determining the sufficiency of the factual basis of past events. As to how far the past events should be from
the declaration and/or the suspension, the Court should look the present depends on the President. 5. The judicial power to review the sufficiency of factual
into the full complement or totality of the factual basis, and basis of the declaration of martial law or the suspension of
not piecemeal or individually. Neither should the Court the privilege of the writ of habeas corpus does not extend to
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the calibration of the President’s decision of which among Chief Executive of any of his power and prerogatives, safety and thus impelled him to declare martial law and
his graduated powers he will avail of in a given situation. leading the President to believe that there was probable suspend the privilege of the writ of habeas corpus.
To do so would be tantamount to an incursion into the cause that the crime of rebellion was and is being
exclusive domain of the Executive and an infringement on committed and that public safety requires the imposition of 9. a.) The calling out power is in a different category from
the prerogative that solely, at least initially, lies with the martial law and suspension of the privilege of the writ of the power to declare martial law and the power to suspend
President. habeas corpus. the privilege of the writ of habeas corpus; nullification of
Proclamation No. 216 will not affect Proclamation No. 55.
6. a.) Inclusion of “other rebel groups ” does not make After all, what the President needs to satisfy is only the
Proclamation No. 216 vague. The term “other rebel groups” standard of probable cause for a valid declaration of martial The President may exercise the power to call out the Armed
in Proclamation No. 216 is not at all vague when viewed in law and suspension of the privilege of the writ of habeas Forces independently of the power to suspend the privilege
the context of the words that accompany it. Verily, the text corpus. of the writ of habeas corpus and to declare martial law.
of Proclamation No. 216 refers to “other rebel groups” Even so, the Court’s review of the President’s declaration
found in Proclamation No. 55, which it cited by way of 8. Terrorism neither negates nor absorbs rebellion. of martial law and his calling out the Armed Forces
reference in its Whereas clauses. Rebellion may be subsumed under the crime of terrorism, necessarily entails separate proceedings instituted for that
which has a broader scope covering a wide range of particular purpose.
b.) Lack of guidelines/operational parameters does not predicate crimes. In fact, rebellion is only one of the
make Proclamation No. 216 vague. Operational guidelines various means by which terrorism can be committed. b.) Neither would the nullification of Proclamation No. 216
will serve only as mere tools for the implementation of the result in the nullification of the acts of the President done
proclamation. Meanwhile, public safety requires the declaration of martial pursuant thereto. Under the operative fact doctrine,” the
law and the suspension of the privilege of the writ of unconstitutional statute is recognized as an “operative fact”
There is no need for the Court to determine the habeas corpus in the whole of Mindanao. For a declaration before it is declared unconstitutional.
constitutionality of the implementing and/or operational of martial law or suspension of the privilege of the writ of
guidelines, general orders, arrest orders and other orders habeas corpus to be valid, there must be concurrence of 1.) Verily, the Court upholds the validity of the declaration of
issued after the proclamation for being irrelevant to its actual rebellion or invasion and 2.) the public safety martial law and suspension of the privilege of the writ of
review. Any act committed under the said orders in requirement. habeas corpus in the entire Mindanao region. The Court
violation of the Constitution and the laws should be FINDS sufficient factual bases for the issuance of
resolved in a separate proceeding. Finally, there is a risk In his report, the President noted that the acts of violence Proclamation No. 216 and DECLARES it as
that if the Court wades into these areas, it would be deemed perpetrated by the ASG and the Maute Group were directed CONSTITUTIONAL. Accordingly, the consolidated
as trespassing into the sphere that is reserved exclusively not only against government forces or establishment but Petitions are hereby DISMISSED.
for Congress in the exercise of its power to revoke. likewise against civilians and their properties. There were
bomb threats, road blockades, burning of schools and VII. PROSPECTIVE VS. RETROACTIVE
7. There is sufficient factual basis for the declaration of churches, hostages and killings of civilians, forced entry of
martial law and the suspension of the writ of habeas corpus. young male Muslims to the group, there were hampering of a. Hagonoy Water Distirct v. NLRC, 165 SCRA 272,
By a review of the facts available to him that there was an medical services and delivery of basic services, G.R. No. 81490, August 31, 1988
armed public uprising, the culpable purpose of which was reinforcement of government troops, among others. These
to remove from the allegiance to the Philippine particular scenarios convinced the President that the 1. ADMINISTRATIVE LAW; WATER UTILITY
Government a portion of its territory and to deprive the atrocities had already escalated to a level that risked public DISTRICTS; EMPLOYEES THEREOF GOVERNED BY
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THE CIVIL SERVICE LAW. — The Labor Arbiter JURISDICTION OVER CASES PREVIOUSLY criminal cases, a person's life and liberty are at stake. As a
asserted jurisdiction over the alleged illegal dismissal of OUTSIDE THE SCOPE OF ITS COMPETENCE; DO petition for review under Rule 45 is the available remedy, a
private respondent Villanueva by relying on Section 26 of NOT OPERATE RETROSPECTIVELY. — We believe petition for certiorari under Rule 65 would not prosper.
Presidential Decree No. 198, known as the "Provincial and so hold that the 1987 Constitution did not operate Basic it is that certiorari is invocable only where there is no
Water Utilities Act of 1973" which went into effect on 25 retrospectively so as to confer jurisdiction upon the Labor other plain, speedy or adequate remedy. TSCIEa
May 1973, and which provides as follows: "Exemption Arbiter to render a decision which, under the law applicable
from Civil Service. — The district and its employees, being at the time of the rendition of such decision, was clearly 2. CONSTITUTIONAL LAW; BILL OF RIGHTS;
engaged in a proprietary function, are hereby exempt from outside the scope of competence of the Labor Arbiter. RIGHTS OF AN ACCUSED DURING INVESTIGATION
the provisions of the Civil Service Law. Collective Thus, the respondent Commission had nothing before it FOR THE COMMISSION OF AN OFFENSE;
Bargaining shall be available only to personnel below which it could pass upon in the exercise of its appellate ENUMERATED. — The relevant rights of an accused
supervisory levels: Provided, however, That the total of all jurisdiction. For it is self-evident that a decision rendered under Article III, Section 12 of the 1987 Constitution are,
salaries, wages, emoluments, benefits or other by the Labor Arbiter without jurisdiction over the case is a inter alia,as follows: "(1) Any person under investigation
compensation paid to all employees in any month shall not complete nullity, vesting no rights and imposing no for the commission of an offense shall have the right to be
exceed fifty percent (50%) of average net monthly revenue, liabilities. informed of his right to remain silent and to have
said net revenue representing income from water sales and competent and independent counsel preferably of his own
sewerage service charges, less pro-rata share of debt service b. Filoteo v. Sandiganbayan, 263 SCRA 222 (1996) choice. If the person cannot afford the services of counsel,
and expenses for fuel or energy for pumping during the he must be provided with one. These rights cannot be
preceding fiscal year." The Labor Arbiter however failed to 1. REMEDIAL LAW; JURISDICTION OF THE waived except in writing and in the presence of counsel. (2)
take into account the provisions of Presidential Decree No. SUPREME COURT; DECISION AND FINAL ORDERS No torture, force, violence, threat, intimidation, or any
1479, which went into effect on 11 June 1978. P.D. No. OF THE SANDIGANBAYAN; APPEALABLE BY other means which vitiate the free will shall be used against
1479 wiped away Section 25 of P.D. 198 quoted above, and PETITION FOR REVIEW ON CERTIORARI ON PURE him. Secret detention places, solitary, incommunicado, or
Section 26 of P.D. 198 was renumbered as Section 25 in the QUESTIONS OF LAW IN ACCORDANCE WITH RULE other similar forms of detention are prohibited. (3) Any
following manner: "Section 26 of the same decree 45 OF THE RULES OF COURT; EXCEPTIONAL confession or admission obtained in violation of this or
[P.D.198] is hereby amended to read as Section 25 as CASES. — As amended by Republic Act No. 7975, Section 17 hereof shall be inadmissible in evidence against
follows: 'Section 25. Authorization. — The district may Section 7 of P.D. No. 1606 expressly provides that him. (4) The law shall provide for penal and civil sanctions
exercise all the powers which are expressly granted by this "(d)ecisions and final orders of the Sandiganbayan shall be for violations of this section as well as compensation to and
Title or which are necessarily implied from or incidental to appealable to the Supreme Court by petition for review on rehabilitation of victims of torture or similar practices and
the powers and purposes herein stated. For the purpose of certiorari raising pure questions of law in accordance with their families." (emphasis supplied.) Obviously, the 1973
carrying out the objectives of this Act, a district is hereby Rule 45 of the Rules of Court." However, in exceptional Constitution did not contain the right against an
granted the power of eminent domain, the exercise thereof cases, this Court has taken cognizance of questions of fact uncounselled waiver of the right to counsel which is
shall, however, be subject to review by the Administration.' in order to resolve legal issues, as where there was palpable provided under paragraph 1, Section 12, Article III of the
Thus, Section 25 of P.D. 198 exempting the employees of error or grave misapprehension of facts by the lower court. 1987 Constitution, above underscored)
water districts from the application of the Civil Service Criminal cases elevated by convicted public officials from
Law was removed from the statute books. the Sandiganbayan deserve the same thorough treatment by 3. ID.; ID.; ID.; WAIVER OF RIGHT TO COUNSEL
this Court as criminal cases involving ordinary citizens WITHOUT THE BENEFIT OF COUNSEL; WHEN
2. LABOR LAW; LABOR ARBITER; PROVISIONS OF simply because the constitutional presumption of innocence ADMISSIBLE. — By parity of reasoning, the specific
THE 1987 CONSTITUTION CONFERRING must be overcome by proof beyond reasonable doubt. In all provision of the 1987 Constitution requiring that a waiver
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by an accused of his right to counsel during custodial 5. ID.; BILL OF RIGHTS; DISTINGUISHED FROM witnesses, is binding upon this Court, absent any
investigation must be made with the assistance of counsel PENAL LAWS. — A bill of rights is a declaration and arbitrariness, abuse or palpable error.
may not be applied retroactively or in cases where the enumeration of the individual rights and privileges which
extrajudicial confession was made prior to the effectivity of the Constitution is designed to protect against violations by 8. CRIMINAL LAW; BRIGANDAGE; CONSTRUED. —
said Constitution. Accordingly, waivers of the right to the government, or by individuals or groups of individuals. 'The main object of the Brigandage Law is to prevent the
counsel during custodial investigation without the benefit It is a charter of liberties for the individual and a limitation formation of bands of robbers. The heart of the offense
of counsel during the effectivity of the 1973 Constitution upon the power of the State. Penal laws, on the other hand, consists in the formation of a band by more than three
should, by such argumentation, be admissible. Although a strictly and properly are those imposing punishment for an armed persons for the purpose indicated in Art. 306. Such
number of cases held that extrajudicial confessions made offense committed against the state which the executive of formation is sufficient to constitute a violation of Art. 306.
while the 1973 Constitution was in force and effect, should the State has the power to pardon. In other words, a penal It would not be necessary to show, in a prosecution under
have been made with the assistance of counsel, the law denotes punishment imposed and enforced by the State it, that a member or members of the band actually
definitive ruling was enunciated only on April 26, 1983 for a crime or offense against its law. committed robbery or kidnapping or any other purpose
when this Court, through Morales, Jr. vs. Enrile,121 SCRA attainable by violent means. The crime is proven when the
538, 554, issued the guidelines to be observed by law 6. ID.;ID.;ARREST; IRREGULARITY THERETO IS organization and purpose of the band are shown to be such
enforcers during custodial investigation. The Court DEEMED WAIVED BY VOLUNTARILY SUBMITTING as are contemplated by Art. 306. On the other hand, if
specifically ruled that "(t)he right to counsel may be waived TO THE JURISDICTION OF THE COURT. — It is well- robbery is committed by a band, whose members were not
but the waiver shall not be valid unless made with the settled that any objection involving a warrant of arrest or primarily organized for the purpose of committing robbery
assistance of counsel." procedure in the acquisition by the court of jurisdiction or kidnapping, etc.,the crime would not be brigandage, but
over the person of an accused must be made before he only robbery.Simply because robbery was committed by a
4. ID.;JUDICIAL DECISIONS; PROSPECTIVE enters his plea, otherwise the objection is deemed waived. band of more than three armed persons, it would not follow
APPLICATION OF "JUDGE-MADE" LAWS UPHELD Besides, this issue is being raised for the first time by that it was committed by a band of brigands. In the Spanish
BY THE COURT. — The prospective application of appellant. He did not move for the quashal of the text of Art. 306, it is required that the band 'sala a los
"judge-made" laws was underscored in Co vs. Court of information before the trial court on this ground. campos para dedicarse a robar.' A finding of brigandage or
Appeals, 227 SCRA 444, 448-449, October 28, 1993, Consequently, any irregularity attendant to his arrest, if highway robbery involves not just the locus of the crime or
where the Court ruled thru Chief Justice Andres R. Narvasa any, was cured when he voluntarily submitted himself to the fact that more than three (3) persons perpetrated it. It is
that in accordance with Article 8 of the Civil Code which the jurisdiction of the trial court by entering a plea of not essential to prove that the outlaws were purposely
provides that "(j)udicial decisions applying or interpreting guilty and by participating in the trial. Moreover, the illegal organized not just for one act of robbery but for several
the laws or the Constitution shall form part of the legal arrest of an accused is not sufficient cause for setting aside indiscriminate commissions thereof. In the present case,
system of the Philippines," and Article 4 of the same Code a valid judgment rendered upon a sufficient complaint after there had been no evidence presented that the accused were
which states that "(l)aws shall have no retroactive effect trial free from error. a band of outlaws organized for the purpose of
unless the contrary is provided," the principle of "depredation upon the persons and properties of innocent
prospectivity of statutes, original or amendatory, shall 7. REMEDIAL LAW; EVIDENCE; FINDINGS OF and defenseless inhabitants who travel from one place to
apply to judicial decisions, which, although in themselves FACTS OF THE TRIAL COURT; BINDING UPON THE another." What was duly proven in the present case is one
are not laws, are nevertheless evidence of what the law SUPREME COURT. — Weighing heavily against the isolated hijacking of a postal van. There was also no
means. defense is the well-settled doctrine that findings of facts of evidence of any previous attempts at similar robberies by
the trial courts — in this case, the Sandiganbayan itself — the accused to show the "indiscriminate" commission
particularly in the assessment of the credibility of thereof.
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 ARBITRARY AND IMPROVIDENT USE OF POWER independent of Congress and the Supreme Court. The
RESULTING TO DENIAL OF DUE PROCESS. — In the power granted to HRET by the Constitution is intended to
case of Robles vs. HRET (181 SCRA 780 [1980]) the be as complete and unimpaired as if it had remained
Supreme Court stated that the judgments of the Tribunal are originally in the legislature (Angara vs. Electoral
c. Co v. Electoral Tribunal, 199 SCRA 692, G.R. Nos. beyond judicial interference save only "in the exercise of Commission, 63 Phil. 139 [1936]). In passing upon
92191-92, 92202-03, July 30, 1991 this Court's so-called extraordinary jurisdiction, . . . upon a petitions, the Court with its traditional and careful regard
determination that the Tribunal's decision or resolution was for the balance of powers, must permit this exclusive
1. CONSTITUTIONAL LAW; ELECTORAL TRIBUNAL rendered without or in excess of its jurisdiction, or with privilege of the Tribunals to remain where the Sovereign
OF THE HOUSE OF REPRESENTATIVES AND HOUSE grave abuse of discretion or paraphrasing Morrero, upon a authority has placed it (See Veloso vs. Boards of
OF SENATE; SOLE JUDGES OF ALL CONTESTS clear showing of such arbitrary and improvident use by the Canvassers of Leyte and Samar, 39 Phil. 886 [1919]).
RELATING TO ELECTION, RETURNS AND Tribunal of its power as constitutes a denial of due process
QUALIFICATIONS OF THEIR RESPECTIVE of law, or upon a demonstration of a very clear unmitigated 4. ID.; SUPREME COURT; EXPANDED JURISDICTION
MEMBERS. — The Constitution explicitly provides that ERROR, manifestly constituting such GRAVE ABUSE OF UNDER 1987 CONSTITUTION. — The Supreme Court
the House of Representatives Electoral Tribunal (HRET) DISCRETION that there has to be a remedy for such under the 1987 Constitution, has been given an expanded
and the Senate Electoral Tribunal (SET) shall be the sole abuse." In the leading case of Morrero vs. Bocar (66 Phil. jurisdiction, so to speak, to review the decisions of the
judges of all contests relating to the election, returns, and 429 [1938]) the Court ruled that the power of the Electoral other branches and agencies of the government to
qualifications of their respective members (See Article VI, Commission "is beyond judicial interference except, in any determine whether or not they have acted within bounds of
Section 17, Constitution). The authority conferred upon the event, upon a clear showing of such arbitrary and the Constitution (See Article VIII, Section 1, Constitution).
Electoral Tribunal is full, clear and complete. The use of improvident use of power as will constitute a denial of due Yet, in the exercise thereof, the Court is to merely check
the word sole emphasizes the exclusivity of the jurisdiction process." The Court does not venture into the perilous area whether or not the government branch or agency has gone
of these Tribunals. The Supreme Court in the case of of trying to correct perceived errors of independent beyond the Constitutional limits of its jurisdiction, not that
Lazatin vs. HRET (168 SCRA 391 [1988]) stated that branches of the Government. It comes in only when it has it erred or has a different view.
under the 1987 Constitution, the jurisdiction of the to vindicate a denial of due process or correct an abuse of
Electoral Tribunal is original and exclusive. And that, " . . . discretion so grave or glaring that no less than the 5. ID.; CONSTITUTIONAL PROVISIONS; HOW
so long as the Constitution grants the HRET the power to Constitution calls for remedial action. CONSTRUED; SPIRIT AND INTENDMENT MUST
be the sole judge of all contests relating to election, returns PREVAIL. — In construing the law, the Courts are not
and qualifications of members of the House of 3. ID.; ID.; ID.; APPLIED IN CASE AT BAR. — In the always to be hedged in by the literal meaning of its
Representatives, any final action taken by the HRET on a absence of a showing that the HRET has committed grave language. The spirit and intendment thereof, must prevail
matter within its jurisdiction shall, as a rule, not be abuse of discretion amounting to lack of jurisdiction, there over the letter, especially where adherence to the latter
reviewed by this Court . . . the power granted to the is no occasion for the Court to exercise its corrective would result in absurdity and injustice (Casela vs. Court of
Electoral Tribunal is full, clear and complete and excludes power; it will not decide a matter which by its nature is for Appeals, 35 SCRA 279 [1970]). A Constitutional provision
the exercise of any authority on the part of this Court that the HRET alone to decide (See Marcos vs. Manglapus, 177 should be construed so as to give it effective operation and
would in any wise restrict it or curtail it or even affect the SCRA 668 [1989]). It has no power to look into what it suppress the mischief at which it is aimed, hence, it is the
same." thinks is apparent error. As constitutional creations invested spirit of the provision which should prevail over the letter
with necessary power, the Electoral Tribunals, although not thereof (Jarrolt vs. Mabberly, 103 U.S. 580). In the words
2. ID.; ID.; JUDGMENTS THEREOF AS A RULE powers in the tripartite scheme of the government, are, in of the Court in the case of J.M. Tuazon vs. LTA (31 SCRA
BEYOND JUDICIAL INTERFERENCE; EXCEPTION; the exercise of their functions independent organs — 413 [1970]); "To that primordial intent, all else is
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subordinated. Our Constitution, any constitution is not to be the bestowment of the status of "natural-born" cannot be 8. ID.; ID.; ID.; ID.; CASE OF IN RE: FLORENCIO
construed narrowly or pedantically, for the prescriptions made to depend on the fleeting accident of time or result in MALLARE (59 SCRA 45 [1974]) APPLIES IN CASE AT
therein contained, to paraphrase Justice Holmes, are not two kinds of citizens made up of essentially the same BAR. — In the case of In Re: Florencio Mallare (59 SCRA
mathematical formulas having their essence in their form similarly situated members. It is for this reason that the 45 [1974]), the Court held that the exercise of the right of
but are organic living institutions, the significance of which amendments were enacted, that is, in order to remedy this suffrage and the participation in election exercises
is vital not formal . . . ." accidental anomaly, and, therefore, treat equally all those constitute a positive act of election of Philippine
born before the 1973 Constitution and who elected citizenship. In the exact pronouncement of the Court, we
6. ID.; CITIZENSHIP; SECTION 1, PARAGRAPH 3 OF Philippine citizenship either before or after the effectivity held: "Esteban's exercise of the right of suffrage when he
ARTICLE IV OF 1987 CONSTITUTION; CONSTRUED. of that Constitution. came of age, constitutes a positive act of election of
— Article IV of the Constitution provides: "Section 1. The Philippine citizenship." The private respondent did more
following are citizens of the Philippines: . . . (3) Those born 7. ID.; ID.; SECTION 2 OF ARTICLE IV OF THE 1987 than merely exercise his right of suffrage. He has
before January 17, 1973, of Filipino mothers, who elect CONSTITUTION; ELECTION OF CITIZENSHIP; established his life here in the Philippines. For those in the
Philippine citizenship upon reaching the age of majority; APPLIES ONLY TO THOSE BORN OF FILIPINO peculiar situation of the respondent who cannot be expected
and . . . Section 2. Natural-born Citizens are those who are MOTHER AND ALIEN FATHER BUT NOT TO ONE to have elected citizenship as they were already citizens, we
citizens of the Philippines from birth without having to WHOSE FATHER HAS BEEN NATURALIZED WHEN apply the In Re Mallare rule. The filing of a sworn
perform any act to acquire or perfect their citizenship. MINOR WAS ONLY NINE (9) YEARS OF AGE. — statement or formal declaration is a requirement for those
Those who elect Philippine citizenship in accordance with There is no dispute that respondent's mother was a natural who still have to elect citizenship. For those already
paragraph 3 hereof shall be deemed natural-born citizens." born Filipina at the time of her marriage. Crucial to this Filipinos when the time to elect came up, there are acts of
The Court interprets Section 1, Paragraph 3 above as case is the issue of whether or not the respondent elected or deliberate choice which cannot be less binding. Entering a
applying not only to those who elect Philippine citizenship chose to be a Filipino citizen. Election becomes material profession open only to Filipinos, serving in public office
after February 2, 1987 but also to those who, having been because Section 2 of Article IV of the Constitution accords where citizenship is a qualification, voting during election
born of Filipino mothers, elected citizenship before that natural born status to children born of Filipino mothers time, running for public office, and other categorical acts of
date. The provision in Paragraph 3 was intended to correct before January 17, 1973, if they elect citizenship upon similar nature are themselves formal manifestations of
an unfair position which discriminates against Filipino reaching the age of majority. To expect the respondent to choice for these persons.
women. To make the provision prospective from February have formally or in writing elected citizenship when he
3, 1987 is to give a narrow interpretation resulting in an came of age is to ask for the unnatural and unnecessary. 9. ID.; ID.; AN ATTACK THERETO MAY ONLY BE
inequitable situation. It must also be retroactive. The The reason is obvious. He was already a citizen. Not only DONE THROUGH A DIRECT ACTION. — The
provision in question was enacted to correct the anomalous was his mother a natural born citizen but his father had petitioners argue that the respondent's father was not,
situation where one born of a Filipino father and an alien been naturalized when the respondent was only nine (9) validly, a naturalized citizen because of his premature
mother was automatically granted the status of a natural- years old. He could not have divined when he came of age taking of the oath of citizenship. The Court cannot go into
born citizen while one born of a Filipino mother and an that in 1973 and 1987 the Constitution would be amended the collateral procedure of stripping Mr. Ong's father of his
alien father would still have to elect Philippine citizenship. to require him to have filed a sworn statement in 1969 citizenship after his death and at this very late date just so
If one so elected, he was not, under earlier laws, conferred electing citizenship in spite of his already having been a we can go after the son. The petitioners question the
the status of a natural-born. Under the 1973 Constitution, citizen since 1957. In 1969, election through a sworn citizenship of the father through a collateral approach. This
those born of Filipino fathers and those born of Filipino statement would have been an unusual and unnecessary can not be done. In our jurisprudence, an attack on a
mothers with an alien father were placed in equal footing. procedure for one who had been a citizen since he was nine person's citizenship may only be done through a direct
They were both considered as natural-born citizens. Hence, years old.
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action for its nullity (See Queto vs. Catolico, 31 SCRA 52 Te falls within the meaning of sub-paragraph 4 of Article owned by the Ong family are in the name of the private
[1970]). 17 of the Civil Code of Spain. Although Ong Te made brief respondent's parents. Upon the demise of his parents,
visits to China, he, nevertheless, always returned to the necessarily, the private respondent, pursuant to the laws of
10. ID.; ID.; TO DECLARE THE GRANT THEREOF AS Philippines. The fact that he died in China, during one of succession, became the co-owner thereof (as a co-heir),
NULL AND VOID VIOLATIVE OF THE DUE his visits in said country, was of no moment. This will not notwithstanding the fact that these were still in the names
PROCESS CLAUSE WHERE PERSON INVOLVED HAS change the fact that he already had his domicile fixed in the of his parents. Even assuming that the private respondent
BEEN LAID TO REST. — To ask the Court to declare that Philippines and pursuant to the Civil Code of Spain, he had does not own any property in Samar, the Supreme Court in
grant of Philippine citizenship to Jose Ong Chuan as null become a Spanish subject. If Ong Te became a Spanish the case of De los Reyes vs. Solidum (61 Phil. 893 [1935])
and void would run against the principle of due process. subject by virtue of having established his domicile in a held that it is not required that a person should have a house
Jose Ong Chuan has already been laid to rest. How can he town under the Monarchy of Spain, necessarily, Ong Te in order to establish his residence and domicile. It is enough
be given a fair opportunity to defend himself. A dead man was also an inhabitant of the Philippines for an inhabitant that he should live in the municipality or in a rented house
cannot speak. To quote the words of the HRET: "Ong has been defined as one who has actual fixed residence in a or in that of a friend or relative.
Chuan's lips have long been muted to perpetuity by his place; one who has a domicile in a place (Bouvier's Law
demise and obviously he could not rise beyond where his Dictionary, Vol. II). A priori, there can be no other logical 14. ID.; ID.; ID.; TEMPORARY ABSENCE DOES NOT
mortal remains now lie to defend himself were this matter conclusion but to educe that Ong Te qualified as a Filipino NECESSARILY CONNOTE CHANGE THEREOF;
to be made a central issue in this case." citizen under the provisions of Section 4 of the Philippine "ANIMUS REVERTENDI" ESTABLISHED IN CASE AT
Bill of 1902. BAR. — It has also been settled that absence from
11. ID.; ID.; ARTICLE 17 OF THE CIVIL CODE OF residence to pursue studies or practice a profession or
SPAIN SUB-PARAGRAPH 4 THEREOF IN RELATION 12. ID.; ID.; "RESIDENCE"; MEANING THEREOF registration as a voter other than in the place where one is
TO SECTION 4 OF THE PHILIPPINE BILL OF 1902, UNDER THE CONSTITUTION. — Under the elected, does not constitute loss of residence (Faypon vs.
APPLIED IN CASE AT BAR. — Article 17 of the Civil Constitution, the term "residence" has been understood as Quirino, 96 Phil. 294 [1954]). The private respondent
Code of Spain enumerates those who were considered synonymous with domicile not only under the previous stayed in Manila for the purpose of finishing his studies and
Spanish Subjects, viz: "ARTICLE 17. The following are Constitutions but also under the 1987 Constitution. The later to practice his profession. There was no intention to
Spaniards: . . . (4). Those without such papers, who may term "domicile" denotes a fixed permanent residence to abandon the residence in Laoang, Samar. On the contrary,
have acquired domicile in any town in the Monarchy." The which when absent for business or pleasure, one intends to the periodical journeys made to his home province reveal
domicile of a natural person is the place of his habitual return (Ong Huan Tin vs. Republic, 19 SCRA 966 [1967]). that he always had the animus revertendi.
residence. This domicile, once established is considered to The absence of a person from said permanent residence, no
continue and will not be deemed lost until a new one is matter how long, notwithstanding, it continues to be the 15. ID.; ID.; PROSPECTIVE JUDICIAL
established (Article 50, NCC; Article 40, Civil Code of domicile of that person. In other words, domicile is RECOMMENDATION; MORE HUMANE AND LESS
Spain; Zuellig vs. Republic, 83 Phil. 768 [1949]). Ong Te characterized by animus revertendi (Ujano vs. Republic, 17 TECHNICAL APPROACH TO CITIZENSHIP
became a permanent resident of Laoang, Samar around SCRA 147 [1966]). PROBLEMS. — Our citizens no doubt constitute the
1895. Correspondingly, a certificate of residence was then country's greatest wealth. Citizenship is a special privilege
issued to him by virtue of his being a resident of Laoang, 13. ID.; ID.; ID.; ESTABLISHMENT THEREOF; which one must forever cherish. However, in order to truly
Samar. The domicile that Ong Te established in 1895 OWNERSHIP OF A HOUSE NOT NECESSARY. — The revere this treasure of citizenship, we do not, on the basis of
continued until April 11, 1899; it even went beyond the petitioners' allegation that since the private respondent too harsh an interpretation, have to unreasonably deny it to
turn of the 19th century. It is also in this place where Ong owns no property in Laoang, Samar, he cannot, therefore, those who qualify to share in its richness. Under the overly
Te set up his business and acquired his real property. Ong be a resident of said place is misplaced. The properties strict jurisprudence surrounding our antiquated
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naturalization laws only the very affluent backed by rule. It was established in the proceedings before the HRET VIII, Section 1 of the 1987 Constitution provides that:
influential patrons, who were willing to suffer the that the originals of the Committee Report No. 12, the "Judicial power includes the duty of the courts of justice to
indignities of a lengthy, sometimes humiliating, and often minutes of the plenary session of the 1971 Constitutional settle actual controversies involving rights which are
corrupt process of clearances by minor bureaucrats and Convention held on November 28, 1972 cannot be found. legally demandable and enforceable, and to determine
whose lawyers knew how to overcome so many technical This was affirmed by Atty. Ricafrente, Assistant Secretary whether or not there has been a grave abuse of discretion
traps of the judicial process were able to acquire of the 1971 Constitutional Convention; by Atty. Nolledo, amounting to lack or excess of jurisdiction on the part of
citizenship. It is time for the naturalization law to be Delegate to the 1971 Constitutional Convention; and by any branch or instrumentality of the government." The
revised to enable a more positive, affirmative, and Atty. Antonio Santos, Chief Librarian of the U.P. Law Constitution, it is true, constitutes the tribunal as the sole
meaningful examination of an applicant's suitability to be a Center, in their respective testimonies given before the judge of all contests relating to the election, returns, and
Filipino. A more humane, more indubitable and less HRET to the effect that there is no governmental agency qualifications of Members of the House of Representatives.
technical approach to citizenship problems is essential. which is the official custodian of the records of the 1971 But as early as 1938, it was held in Morrero vs. Bocar (66
Constitutional Convention. The execution of the originals Phil. 429), construing Section 4, Article VI of the 1935
16. ID.; HOUSE OF REPRESENTATIVE; was established by Atty. Ricafrente, who as the Assistant Constitution which provided that " . . . The Electoral
CANDIDATES; PROPERTY OWNERSHIP; NOT A Secretary of the 1971 Constitutional Convention was the Commission shall be the sole judge of all contests relating
QUALIFICATION. — To require the private respondent to proper party to testify to such execution. The inability to to the election, returns and qualifications of the Members of
own property in order to be eligible to run for Congress produce the originals before the HRET was also testified to the National Assembly." that: "The judgment rendered by
would be tantamount to a property qualification. The as aforestated by Atty. Ricafrente, Atty. Nolledo, and Atty. the (electoral) commission in the exercise of such and
Constitution only requires that the candidate meet the age, Santos. In proving the inability to produce, the law does not acknowledged power is beyond judicial interference,
citizenship, voting and residence requirements. Nowhere is require the degree of proof to be of sufficient certainty; it is except, in any event, 'upon a clear showing of such
it required by the Constitution that the candidate should enough that it be shown that after a bona fide diligent arbitrary and improvident use of the power as will
also own property in order to be qualified to run (see search, the same cannot be found (see Government of P.I. constitute a denial of due process of law' (Barry vs. US ex
Maquera vs. Borra, 122 Phil. 412 [1965]). vs. Martinez, 44 Phil. 817 [1918]). Since the execution of rel. Cunningham, 279 US 597; 73 Law. ed., 867; Angara
the document and the inability to produce were adequately vs. Electoral Commission, 35 Off. Gaz., 23)." And then
17. REMEDIAL LAW; BEST EVIDENCE RULE; established, the contents of the questioned documents can under the afore-quoted provisions of Article VIII, Section 1
EXCEPTION; ORIGINAL HAS BEEN LOST; be proven by a copy thereof or by the recollection of of the 1987 Constitution, this Court is duty-bound to
REQUIREMENTS THEREOF TO BE ADMISSIBLE; witnesses. determine whether or not, in an actual controversy, there
PROPERLY LAID IN CASE AT BAR. — The petitioners' has been a grave abuse of discretion amounting to lack or
sole ground in disputing that respondent was a natural-born PADILLA, J., dissenting: excess of jurisdiction on the part of any branch or
Filipino is that the documents presented to prove it were instrumentality of the government.
not in compliance with the best evidence rule. The 1. CONSTITUTIONAL LAW; SUPREME COURT;
petitioners allege that the private respondent failed to JURISDICTION THEREOF; EXPANDED UNDER THE 2. ID.; ID.; ID.; ID.; APPLIED IN CASE AT BAR. — The
present the original of the documentary evidence, 1987 CONSTITUTION; DECISION OF HOUSE present controversy, involves more than perceived
testimonial evidence and of the transcript of the ELECTORAL TRIBUNAL SUBJECT TO JUDICIAL irregularities in the conduct of a congressional election or a
proceedings of the body upon which the resolution of the REVIEW. — I believe that, contrary to the respondents' disputed appreciation of ballots, in which cases, it may be
1971 Constitutional Convention was predicated. On the contentions, the Court has the jurisdiction and competence contended with great legal force and persuasion that the
contrary, the documents presented by the private to review the questioned decision of the House Electoral decision of the electoral tribunal should be final and
respondent fall under the exceptions to the best evidence Tribunal and to decide the present controversy. Article conclusive, for it is, by constitutional directive, made the
Page | 53
sole judge of contests relating to such matters. The present ultimately from some legitimate area of governmental naturalized citizen (father), who were born in the
controversy, however, involves no less than a determination power (the Supreme Court in Modern Role, C.B. Sevisher, Philippines prior to the naturalization of the parent
of whether the qualifications for membership in the House 1958, p. 36)." Moreover, it is decidedly a matter of great automatically become Filipino citizens, this does not alter
of Representatives, as prescribed by the Constitution, have public interest and concern to determine whether or not the fact that private respondent was not born to a Filipino
been met. Indeed, this Court would be unforgivably remiss private respondent is qualified to hold so important and father, and the operation of Section 15 of CA 473 did not
in the performance of its duties, as mandated by the high a public office which is specifically reserved by the confer upon him the status of a natural-born citizen merely
Constitution, were it to allow a person, not a natural-born Constitution only to natural-born Filipino citizens. because he did not have to perform any act to acquire or
Filipino citizen, to continue to sit as a Member of the perfect his status as a Filipino citizen.
House of Representatives, solely because the House 4. ID.; CITIZENSHIP; NATURAL-BORN; REQUISITE;
Electoral Tribunal has declared him to be so. In such a case, NOT COMPLIED WITH IN CASE AT BAR. — The 6. ID.; ID.; NATURALIZATION; NATURE THEREOF;
the tribunal would have acted with grave abuse of records show that private respondent was born on 19 June PRIVILEGE NOT A RIGHT. — "Naturalization is not a
discretion amounting to lack or excess of jurisdiction as to 1948 to the spouses Jose Ong Chuan, a Chinese citizen, and right, but a privilege of the most discriminating as well as
require the exercise by this Court of its power of judicial Agrifina E. Lao, a natural-born Filipino citizen, in Laoang, delicate and exacting nature, affecting public interest of the
review. Besides, the citizenship and residence Northern Samar. In other words, at birth, private respondent highest order, and which may be enjoyed only under the
qualifications of private respondent for the office of was a Chinese citizen (not a natural-born Filipino citizen) precise conditions prescribed by law therefor."
Member of the House of Representatives, are here because his father was then a Chinese citizen (not a
controverted by petitioners who, at the same time, claim naturalized Filipino citizen). Under the 1935 Constitution 7. ID.; ID.; ID.; PETITION; GRANT THEREOF;
that they are entitled to the office illegally held by private which was enforced at the time of private respondent's birth APPEALABLE; OATH TAKEN BEFORE EXPIRATION
respondent. From this additional direction, where one on 19 June 1948, only those whose fathers were citizens of OF THE PERIOD OF APPEAL; IMPROPER. — It is
asserts and earnestly perceived right that in turn is the Philippines were considered Filipino citizens. Those settled that an order granting a petition to take the requisite
vigorously resisted by another, there is clearly a justiciable whose mothers were citizens of the Philippines had to elect oath of allegiance of one who has previously obtained a
controversy proper for this Court to consider and decide. Philippine citizenship upon reaching the age of majority, in decision favorable to his application for naturalization, is
order to be considered Filipino citizens. Following the basic appealable. It is, therefore, improper and illegal to authorize
3. ID.; ID.; ID.; EXERCISE OF JUDICIAL REVIEW NOT definition in the 1987 Constitution of a natural-born citizen, the taking of said oath upon the issuance of said order and
VIOLATIVE OF THE PRINCIPLE OF SEPARATION OF in relation to the 1935 Constitution, private respondent is before the expiration of the reglementary period to perfect
POWERS. — The Court, in reviewing the decision of the not a natural-born Filipino citizen, having been born a any appeal from said order. In Cua Sun Ke vs. Republic
tribunal, does not assert supremacy over it in contravention Chinese citizen by virtue of the Chinese citizenship of his (159 SCRA 477), this Court held that: "Administration of
of the time-honored principle of constitutional separation of father at the time of his birth, although from birth, private the oath of allegiance on the same day as issuance of order
powers. The Court in this instance simply performs a respondent had the right to elect Philippine citizenship, the granting citizenship is irregular and makes the proceedings
function entrusted and assigned to it by the Constitution of citizenship of his mother, but only upon his reaching the so taken null and void (Republic vs. Guy, 115 SCRA 244
interpreting, in a justiciable controversy, the pertinent age of majority. [1982]; citing the case of Ong So vs. Republic of the
provisions of the Constitution with finality. "It is the role of Philippines, 121 Phil. 1381)."
the Judiciary to refine and, when necessary, correct 5. ID.; ID.; ID.; SECTION 15 OF THE REVISED
constitutional (and/or statutory) interpretation, in the NATURALIZATION LAW (C.A. 473); DID NOT 8. ID.; ID.; NATURAL-BORN; DEFINED AND
context of the interactions of the three branches of the CONFER STATUS OF NATURAL-BORN IN CASE AT INTERPRETED UNDER THE 1987 CONSTITUTION. —
government, almost always in situations where some BAR. — While under Section 15 of the Revised Article IV, Section 2 of the 1987 Constitution defines
agency of the State has engaged in action that stems Naturalization Law (C.A. 473) minor children of a natural-born (Filipino) citizens as: "Natural-born citizens
Page | 54
are those who are citizens of the Philippines from birth 10. ID.; ID.; ID.; CASE OF IN RE: FLORENCIO cannot be deemed a natural-born Filipino citizen under
without having to perform any act to acquire or perfect MALLARE (ADMINISTRATIVE CASE NO. 533, Sections 2 and 1 (3), Article IV of the 1987 Constitution.
their Philippine citizenship. Those who elect Philippine SEPTEMBER 12, 1974, [59 SCRA 45]) NOT
citizenship in accordance with paragraph (3), Section 1 APPLICABLE IN CASE AT BAR. — The respondent 12. ID.; ELECTION PROTEST; QUESTIONING
hereof shall be deemed natural-born citizens." Article IV, tribunal cites In re: Florencio Mallare which held that ELIGIBILITY OF A CANDIDATE-ELECT; IN EFFECT
Section 1, paragraph (3) of the 1987 Constitution provides Esteban Mallare's exercise of the right of suffrage when he A QUO WARRANTO PROCEEDING; INELIGIBILITY
that: "Section 1. The following are citizens of the came of age, constituted a positive act of election of OF CANDIDATE-ELECT RESULTS IN NO-CHOICE. —
Philippines: . . . (3) Those born before January 17, 1973, of Philippine citizenship. Mallare, cited by respondent tribunal Neither of the petitioners may take the place of private
Filipino mothers, who elect Philippine citizenship upon as authority for the doctrine of implied election of respondent in the House of Representatives representing the
reaching the age of majority." It would appear then that the Philippine citizenship, is not applicable to the case at bar. second district of Northern Samar. The ruling of this Court
intent of the framers of the 1987 Constitution in defining a The respondent tribunal failed to consider that Esteban in Ramon L. Labo, Jr. vs. The Commission on Elections
natural-born Filipino citizen was to equalize the position of Mallare reached the age of majority in 1924, or seventeen (COMELEC) EN BANC and Luis L. Lardizabal (176
Filipino fathers and Filipino mothers as to their children (17) years before CA 625 was approved and, more SCRA 1), is controlling. There we held that Luis L.
becoming natural-born Filipino citizens. In other words, importantly, eleven (11) years before the 1935 Constitution Lardizabal, who filed the quo warranto petition, could not
after 17 January 1973, effectivity date of the 1973 (which granted the right of election) took effect. replace Ramon L. Labo, Jr. as mayor of Baguio City for the
Constitution, all those born of Filipino fathers (with alien simple reason that as he obtained only the second highest
spouse) or Filipino mothers (with alien spouse) are natural- 11. ID.; ID.; ID.; REQUISITE PROVIDED FOR UNDER number of votes in the election, he was obviously not the
born Filipino citizens. But those born to Filipino mothers COMMONWEALTH ACT NO. 625 NOT COMPLIED choice of the people of Baguio City for mayor of that City.
prior to 17 January 1973 must still elect Philippine WITH IN CASE AT BAR. — The respondent tribunal A petition alleging that the candidate-elect is not qualified
citizenship upon reaching the age of majority, in order to be erred in ruling that by operation of CA 473, the Revised for the office is, in effect, a quo warranto proceeding even
deemed natural-born Filipino citizens. The election, which Naturalization Law, providing for private respondent's if it is labelled an election protest. It is a proceeding to
is related to the attainment of the age of majority, may be acquisition of Filipino citizenship by reason of the unseat the ineligible person from office but not necessarily
made before or after 17 January 1973. This interpretation naturalization of his father, the law itself had already to install the protestant in his place. The general rule is that
appears to be in consonance with the fundamental purpose elected Philippine citizenship for him. For, assuming the fact that a plurality or a majority of the votes are cast
of the Constitution which is to protect and enhance the arguendo that the naturalization of private respondent's for an ineligible candidate in an election does not entitle the
people's individual interests, and to foster equality among father was valid, and that there was no further need for candidate receiving the next highest number of votes to be
them. private respondent to elect Philippine citizenship (as he had declared elected. In such a case, the electors have failed to
automatically become a Filipino citizen) yet, this did not make a choice and the election is a nullity.
9. ID.; ID.; ELECTION THEREOF; MUST BE MADE mean that the operation of the Revised Naturalization Law
EXPRESSLY AS PROVIDED FOR UNDER amounted to an election by him of Philippine citizenship as 13. ID.; ID.; PHILIPPINE BILL OF 1902;
COMMONWEALTH ACT NO. 625. — It is settled contemplated by the Constitution. Besides, election of REQUIREMENTS PROVIDED THEREIN; NOT
doctrine in this jurisdiction that election of Philippine Philippine citizenship derived from one's Filipino mother, COMPLIED WITH IN CASE AT BAR. — The "test,"
citizenship must be made in accordance with is made upon reaching the age of majority, not during one's following the premises of the 1971 Constitutional
Commonwealth Act 625, Sections 1 and 2 of the Act minority. There is no doubt in my mind, therefore, that Convention, is whether or not Ong Te, private respondent's
mandate that the option to elect Philippine citizenship must private respondent did not elect Philippine citizenship upon and Emil L. Ong's grandfather was "an inhabitant of the
be effected expressly, not impliedly. reaching the age of majority in 1969 or within a reasonable Philippines who continued to reside therein and was a
time thereafter as required by CA 625. Consequently, he Spanish subject on April 11, 1899." If he met these
Page | 55
requirements of the Philippine Bill of 1902, then, Ong Te SCRA 561): " . . . Everytime the citizenship of a person is House of Representatives, as the "sole judge" of all contests
was a Filipino citizen; otherwise, he was not a Filipino material or indispensable in a judicial or administrative relating to the membership in the House, as follows: "Sec.
citizen. Petitioners (protestants) submitted and offered in case, whatever the corresponding court or administrative 17. The Senate and the House of Representatives shall each
evidence before the House Electoral Tribunal exhibits W, authority decides therein as to such citizenship is generally have an Electoral Tribunal which shall be the sole judge of
X, Y, Z, AA, BB, CC, DD and EE which are copies of not considered as res judicata, hence it has to be threshed all contests relating to the election, returns, and
entries in the "Registro de Chinos" from years 1896 to 1897 out again and again as the occasion may demand." qualifications of their respective Members. Each Electoral
which show that Ong Te was not listed as an inhabitant of Tribunal shall be composed of nine Members, three of
Samar where he is claimed to have been a resident. 15. ID; SUPREMACY OF THE CONSTITUTION; MUST whom shall be Justices of the Supreme Court to be
Petitioners (protestants) also submitted and offered in BE ENFORCED. — It is regrettable that one (as private designated by the Chief Justice, and the remaining six shall
evidence before the House Electoral Tribunal Exhibit V, a respondent) who unquestionably obtained the highest be Members of the Senate or the House of Representatives,
certification of the Chief of the Archives Division, Records number of votes for the elective position of Representative as the case may be, who shall be chosen on the basis of
and Management and Archives Office, stating that the (Congressman) to the House of Representatives for the proportional representation from the political parties and
name of Ong Te does not appear in the "Registro de second district of Northern Samar, would have to cease in the parties or organizations registered under the party-list
Chinos" for the province of Samar for 1895. These exhibits office by virtue of this Court's decision, if the full system represented therein. The senior Justice in the
prove or at least, as petitioners validly argue, tend to prove membership of the Court had participated in this case, with Electoral Tribunal shall be its Chairman." is the best judge
that Ong Te was NOT a resident of Samar close to 11 April the result that the legislative district would cease to have, in of facts and this Court can not substitute its judgment
1899 and, therefore, could not continue residing in Samar, the interim, a representative in the House of because it thinks it knows better.
Philippines after 11 April 1899, contrary to private Representatives. But the fundamental consideration in case
respondent's pretense. In the face of these proofs or of this nature is the Constitution and only the Constitution. 2. ID.; SUPREME COURT; EXPANDED JURISDICTION
evidence, private respondent FAILED TO PRESENT ANY It has to be assumed, therefore, that when the electorate in THEREOF; REVIEW OF FACTS NOT INCLUDED. —
REBUTTAL OR COUNTERVAILING EVIDENCE. the second legislative district of Northern Samar cast the In the case of Aratuc vs. Commission on Elections (88
majority of their votes for private respondent, they seemed SCRA 251), it was held that this Court can not review the
14. ID.; ID.; RES JUDICATA; NOT APPLICABLE. — and believed that he was fully eligible and qualified for the errors of the Commission on Elections (then the "sole
The decision of the 1971 Constitutional Convention in the office because he is a natural-born Filipino citizen. That judge" of all election contests) — in the sense of reviewing
case of Emil L. Ong was a decision of a political body, not erroneous assumption and belief can not prevail over, but facts and unearthing mistakes — and that this Court's
a court of law. And, even if we have to take such a decision must yield to the majesty of the Constitution. jurisdiction is to see simply whether or not it is guilty of a
as a decision of a quasi-judicial body (i.e., a political body grave abuse of discretion. It is true that the new
exercising quasi-judicial functions), said decision in the SARMIENTO, J., concurring: Constitution has conferred expanded powers on the Court,
Emil L. Ong case can not have the category or character of but as the Charter states, our authority is "to determine
res judicata in the present judicial controversy, because 1. CONSTITUTIONAL LAW; ELECTORAL TRIBUNAL whether or not there has been a grave abuse of discretion
between the two (2) cases, there is no identity of parties OF THE HOUSE OF REPRESENTATIVES; AS SOLE amounting to lack or excess of jurisdiction on the part of
(one involves Emil L. Ong, while the other involves private JUDGE OF ALL CONTEST RELATING TO MEMBERS any branch or instrumentality of the government." It is not
respondent) and, more importantly, there is no, identity of THEREOF; ISSUE OF CITIZENSHIP INCLUDED; to review facts.
causes of action because the first involves the 1935 BEYOND JUDICIAL INTERVENTION. — The question
Constitution while the second involves the 1987 of citizenship is a question of fact, and as a rule, the 3. ID.; ID.; ID.; "GRAVE ABUSE OF DISCRETION"
Constitution. As held in Lee vs. Commissioners on Supreme Court leaves facts to the tribunal that determined DEFINED. — "Grave abuse of discretion" has been
Immigration (G.R. No. L-23446, 20 December 1971, 42 them. I am quite agreed that the Electoral Tribunal of the defined as whimsical exercise of power amounting to
Page | 56
 excess of jurisdiction, or otherwise, to denial of due process SECTION 4. (1) The Supreme Court shall be composed of (2) Review, revise, reverse, modify, or affirm on appeal or
of law. a Chief Justice and fourteen Associate Justices. It may sit certiorari, as the law or the Rules of Court may provide,
en banc or in its discretion, in divisions of three, five, or final judgments and orders of lower courts in:
CHAPTER II seven Members. Any vacancy shall be filled within ninety
INTRODUCTION TO JUDICIAL REVIEW days from the occurrence thereof. (a) All cases in which the constitutionality or validity of
any treaty, international or executive agreement, law,
I. BASIS, EXTENT AND LIMITATIONS (2) All cases involving the constitutionality of a treaty, presidential decree, proclamation, order, instruction,
international or executive agreement, or law, which shall be ordinance, or regulation is in question.
a. Article VIII, Section 1 and Section 4 of the 1987 heard by the Supreme Court en banc, and all other cases
Constitution which under the Rules of Court are required to be heard en (b) All cases involving the legality of any tax, impost,
banc, including those involving the constitutionality, assessment, or toll, or any penalty imposed in relation
SECTION 1. The judicial power shall be vested in one application, or operation of presidential decrees, thereto.
Supreme Court and in such lower courts as may be proclamations, orders, instructions, ordinances, and other
established by law. regulations, shall be decided with the concurrence of a (c) All cases in which the jurisdiction of any lower court is
majority of the Members who actually took part in the in issue.
deliberations on the issues in the case and voted thereon.
Judicial power includes the duty of the courts of justice to
settle actual controversies involving rights which are (d) All criminal cases in which the penalty imposed is
legally demandable and enforceable, and to determine (3) Cases or matters heard by a division shall be decided or reclusion perpetua or higher.
whether or not there has been a grave abuse of discretion resolved with the concurrence of a majority of the Members
amounting to lack or excess of jurisdiction on the part of who actually took part in the deliberations on the issues in
(e) All cases in which only an error or question of law is
any branch or instrumentality of the Government. the case and voted thereon, and in no case, without the
involved.
concurrence of at least three of such Members. When the
required number is not obtained, the case shall be decided
SECTION 2. The Congress shall have the power to define, (3) Assign temporarily judges of lower courts to other
en banc: Provided, that no doctrine or principle of law laid
prescribe, and apportion the jurisdiction of various courts stations as public interest may require. Such temporary
down by the court in a decision rendered en banc or in
but may not deprive the Supreme Court of its jurisdiction assignment shall not exceed six months without the consent
division may be modified or reversed except by the court
over cases enumerated in Section 5 hereof. of the judge concerned.
sitting en banc.
No law shall be passed reorganizing the Judiciary when it (4) Order a change of venue or place of trial to avoid a
SECTION 5. The Supreme Court shall have the following
undermines the security of tenure of its Members. miscarriage of justice.
powers:
SECTION 3. The Judiciary shall enjoy fiscal autonomy. (5) Promulgate rules concerning the protection and
(1) Exercise original jurisdiction over cases affecting
Appropriations for the Judiciary may not be reduced by the enforcement of constitutional rights, pleading, practice, and
ambassadors, other public ministers and consuls, and over
legislature below the amount appropriated for the previous procedure in all courts, the admission to the practice of law,
petitions for certiorari, prohibition, mandamus, quo
year and, after approval, shall be automatically and the Integrated Bar, and legal assistance to the
warranto, and habeas corpus.
regularly released. underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases,
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shall be uniform for all courts of the same grade, and shall In any action which involves the validity of a statute, or his jurisdiction, or with grave abuse of discretion
not diminish, increase, or modify substantive rights. Rules executive order or regulation, or any other governmental amounting to lack or excess of jurisdiction, and there is no
of procedure of special courts and quasi-judicial bodies regulation, the Solicitor General shall be notified by the appeal, or any plain, speedy, and adequate remedy in the
shall remain effective unless disapproved by the Supreme party assailing the same and shall be entitled to be heard ordinary course of law, a person aggrieved thereby may file
Court. upon such question. a verified petition in the proper court, alleging the facts
Sec. 4. Local government ordinances. with certainty and praying that judgment be rendered
(6) Appoint all officials and employees of the Judiciary in In any action involving the validity of a local government annulling or modifying the proceedings of such tribunal,
accordance with the Civil Service Law. ordinance, the corresponding prosecutor or attorney of the board or officer, and granting such incidental reliefs as law
local governmental unit involved shall be similarly notified and justice may require.
b. Rules of Court, Rules 63 and 65 and entitled to be heard. If such ordinance is alleged to be The petition shall be accompanied by a certified true copy
unconstitutional, the Solicitor General shall also be notified of the judgment, order or resolution subject thereof, copies
and entitled to be heard. of all pleadings and documents relevant and pertinent
RULE 63
Sec. 5. Court action discretionary. thereto, and a sworn certification of non-forum shopping as
DECLARATORY RELIEF AND SIMILAR provided in the third paragraph of section 3, Rule 46.
REMEDIES Except in actions falling under the second paragraph of
section 1 of this Rule, the court, motu proprio or upon Sec. 2. Petition for prohibition.
Section 1. Who may file petition.
motion, may refuse to exercise the power to declare rights When the proceedings of any tribunal, corporation, board,
Any person interested under a deed, will, contract or other officer or person, whether exercising judicial, quasi-judicial
written instrument, whose rights are affected by a statute, and to construe instruments in any case where a decision
would not terminate the uncertainty or controversy which or ministerial functions, are without or in excess of its or
executive order or regulation, ordinance, or any other his jurisdiction, or with grave abuse of discretion
governmental regulation may, before breach or violation gave rise to the action, or in any case where the declaration
or construction is not necessary and proper under the amounting to lack or excess of jurisdiction, and there is no
thereof, bring an action in the appropriate Regional Trial appeal or any other plain, speedy, and adequate remedy in
Court to determine any question of construction or validity circumstances.
Sec. 6. Conversion into ordinary action. the ordinary course of law, a person aggrieved thereby may
arising, and for a declaration of his rights or duties, file a verified petition in the proper court, alleging the facts
thereunder. If before the final termination of the case, a breach or with certainty and praying that judgment be rendered
An action for the reformation of an instrument, to quiet title violation of an instrument or a statute, executive order or
commanding the respondent to desist from further
to real property or remove clouds therefrom, or to regulation, ordinance, or any other governmental regulation proceedings in the action or matter specified therein, or
consolidate ownership under Article 1607 of the Civil should take place, the action may thereupon be converted otherwise granting such incidental reliefs as law and justice
Code, may be brought under this Rule. into an ordinary action, and the parties shall be allowed to may require.
Sec. 2. Parties. file such pleadings as may be necessary or proper.
The petition shall likewise be accompanied by a certified
All persons who have or claim any interest which would be true copy of the judgment, order or resolution subject
affected by the declaration shall be made parties; and no RULE 65 thereof, copies of all pleadings and documents relevant and
declaration shall, except as otherwise provided in these CERTIORARI, PROHIBITION AND MANDAMUS pertinent thereto, and a sworn certification of non-forum
Rules, prejudice the rights of persons not parties to the shopping as provided in the third paragraph of section 3,
action. Section 1. Petition for certiorari. Rule 46.
Sec. 3. Notice on Solicitor General. When any tribunal, board or officer exercising judicial or Sec. 3. Petition for mandamus.
quasi-judicial functions has acted without or in excess of its
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When any tribunal, corporation, board, officer or person respondents, the person or persons interested in sustaining temporary restraining order or a writ of preliminary
unlawfully neglects the performance of an act which the the proceedings in the court; and it shall be the duty of such injunction for the preservation of the rights of the parties
law specifically enjoins as a duty resulting from an office, private respondents to appear and defend, both in his or pending such proceedings. The petition shall not interrupt
trust, or station, or unlawfully excludes another from the their own behalf and in behalf of the public respondent or the course of the principal case unless a temporary
use and enjoyment of a right or office to which such other respondents affected by the proceedings, and the costs restraining order or a writ of preliminary injunction has
is entitled, and there is no other plain, speedy and adequate awarded in such proceedings in favor of the petitioner shall been issued against the public respondent from further
remedy in the ordinary course of law, the person aggrieved be against the private respondents only, and not against the proceeding in the case.
thereby may file a verified petition in the proper court, judge, court, quasi-judicial agency, tribunal, corporation, Sec. 8. Proceedings after comment is filed.
alleging the facts with certainty and praying that judgment board, officer or person impleaded as public respondent or After the comment or other pleadings required by the court
be rendered commanding the respondent, immediately or at respondents. are filed, or the time for the filing thereof has expired, the
some other time to be specified by the court, to do the act Unless otherwise specifically directed by the court where court may hear the case or require the parties to submit
required to be done to protect the rights of the petitioner, the petition is pending, the public respondents shall not memoranda. If after such hearing or submission of
and to pay the damages sustained by the petitioner by appear in or file an answer or comment to the petition or memoranda or the expiration of the period for the filing
reason of the wrongful acts of the respondent. any pleading therein. If the case is elevated to a higher thereof the court finds that the allegations of the petition are
The petition shall also contain a sworn certification of non- court by either party, the public respondents shall be true, it shall render judgment for the relief prayed for or to
forum shopping as provided in the third paragraph of included therein as nominal parties. However, unless which the petitioner is entitled.
section 3, Rule 46. otherwise specifically directed by the court, they shall not The court, however, may dismiss the petition if it finds the
Sec. 4. Where petition filed. appear or participate in the proceedings therein. same to be patently without merit, prosecuted manifestly
The petition may be filed not later than sixty (60) days from Sec. 6. Order to comment. for delay, or that the questions raised therein are too
notice of the judgment, order or resolution sought to be If the petition is sufficient in form and substance to justify unsubstantial to require consideration.
assailed in the Supreme Court or, if it relates to the acts or such process, the court shall issue an order requiring the Sec. 9. Service and enforcement of order or judgment.
omissions of a lower court or of a corporation, board, respondent or respondents to comment on the petition A certified copy of the judgment rendered in accordance
officer or person, in the Regional Trial Court exercising within ten (10) days from receipt of a copy thereof. Such with the last preceding section shall be served upon the
jurisdiction over the territorial area as defined by the order shall be served on the respondents in such manner as court, quasi-judicial agency, tribunal, corporation, board,
Supreme Court. It may also be filed in the Court of Appeals the court may direct, together with a copy of the petition officer or person concerned in such manner as the court
whether or not the same is in aid of its appellate and any annexes thereto. may direct, and disobedience thereto shall be punished as
jurisdiction, or in the Sandiganbayan if it is in aid of its In petitions for certiorari before the Supreme Court and the contempt. An execution may issue for any damages or costs
jurisdiction. If it involves the acts or omissions of a quasi- Court of Appeals, the provisions of section 2, Rule 56, shall awarded in accordance with section 1 of Rule 39.
judicial agency, and unless otherwise provided by law or be observed. Before giving due course thereto, the court
these Rules, the petition shall be filed in and cognizable may require the respondents to file their comment to, and
only by the Court of Appeals. c. Record of the Constitutional Commission, 434-436
not a motion to dismiss, the petition. Thereafter, the court (1986)
Sec. 5. Respondents and costs in certain cases. may require the filing of a reply and such other responsive
When the petition filed relates to the acts or omissions of a or other pleadings as it may deem necessary and proper.
d. Endencia v. David, 93 Phil. 696 (1953) G.R. Nos. L-
judge, court, quasi-judicial agency, tribunal, corporation, Sec. 7. Expediting proceedings; injunctive relief. 6355-56, August 31, 1953
board, officer or person, the petitioner shall join, as private The court in which the petition is filed may issue orders
respondent or respondents with such public respondent or expediting the proceedings, and it may also grant a
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1. CONSTITUTIONAL LAW; TAXATION; exercises to a certain extent control over the judicial
INTERPRETATION OF LAWS, A JUDICIAL department. The Assembly also exercises the judicial
FUNCTION. — The Legislature cannot lawfully declare e. Angara v. Electoral Commission, G.R. No. L-45081, power of trying impeachments. And the judiciary in turn,
the collection of income tax on the salary of a public 15 July 1936 with the Supreme Court as the final arbiter, effectively
official, specially a judicial officer, not a decrease of his checks the other departments in the exercise of its power to
salary, after the Supreme Court has found and decided 1. CONSTITUTIONAL LAW; SEPARATION OF determine the law, and hence to declare executive and
otherwise. "Defining and interpreting the law is a judicial POWERS. — The separation of powers is a fundamental legislative acts void if violative of the Constitution.
function and the legislative branch may not limit or restrict principle in our system of government. It obtains not
the power granted to the courts by the Constitution." through express provision but by actual division in our 3. ID.; ID.; ID.; JUDICIARY THE ONLY
(Bandy vs. Mickelson et al., 44 N.W., 2nd, 341, 342; see Constitution. Each department of the government has CONSTITUTIONAL ARBITER TO ALLOCATE
also 11 Am. Jur., 714- 715 and 905.) The act of interpreting exclusive cognizance of matters within its jurisdiction, and CONSTITUTIONAL BOUNDARIES. — But in the main,
the Constitution or any part thereof by the Legislature is an is supreme within its own sphere. the Constitution has blocked out with deft strokes and in
invasion of the well-defined and established province and bold lines, allotment of power to the executive, the
jurisdiction of the Judiciary. 2. ID.; ID.; SYSTEM OF CHECKS AND BALANCES. — legislative and the judicial departments of the government.
But it does not follow from the fact that the three powers The overlapping and interlacing of functions and duties
2. ID.; SEPARATION OF POWERS. — Under our system are to be kept separate and distinct that the Constitution between the several departments, however, sometimes
of constitutional government, the Legislative department is intended them to be absolutely unrestrained and makes it hard to say just where the one leaves off and the
assigned the power to make and enact laws. The Executive independent of each other. The Constitution has provided other begins. In times of social disquietude or political
department is charged with the execution or carrying out of for an elaborate system of checks and balances to secure excitement, the great landmarks of the Constitution are apt
the provisions of said laws. But the interpretation and coordination in the workings of various departments of to be forgotten or marred, if not entirely obliterated. In
application of said laws belong exclusively to the Judicial government. For example, the Chief Executive under our cases of conflict, the judicial department is the only
department. And this authority to interpret and apply the Constitution is 80 far made a check on the legislative power constitutional organ which can be called upon to determine
laws extends to the Constitution. Before the courts can that his assent is required in the enactment of laws. This, the proper allocation of powers between the several
determine whether a law is constitutional or not, it will however, is subject to the further check that a bill may departments and among the integral or constituent units
have to interpret and ascertain the meaning not only of said become a law notwithstanding the refusal of the President thereof.
law, but also of the pertinent portion of the Constitution in to approve it, by a vote of two-thirds or three-fourths, as the
order to decide whether there is a conflict between the two, case may be, of the National Assembly. The President has 4. ID.; ID.; ID.; ID.; MODERATING POWER OF THE
because if there is, then the law will have to give way and also the right to convene the Assembly in special session JUDICIARY IS GRANTED, IF NOT EXPRESSLY, BY
has to be declared invalid and unconstitutional. whenever he chooses. On the other hand, the National CLEAR IMPLICATION. — As any human production, our
Assembly operates as a check on the Executive in the sense Constitution is of course lacking perfection and
3. TAXATION; INCOME TAX; TAXING SALARIES OF that its consent through its Commission on Appointments is perfectibility, but as much as it was within the power of our
JUDICIAL OFFICERS, A DIMINUTION OF THEIR necessary in the appointment of certain officers; and the people, acting through their delegates to so provide, that
COMPENSATION AS FIXED BY LAW. — The doctrine concurrence of a majority of all its members is essential to instrument which is the expression of their sovereignty
laid down in the case of Perfecto vs. Meer (85 Phil., 552) to the conclusion of treaties. Furthermore, in its power to however limited, has established a republican government
the effect that the collection of income tax on the salary of determine what courts other than the Supreme Court shall intended to operate and function as a harmonious whole,
a judicial officer is a diminution thereof and so violates the be established, to define their jurisdiction and to under a system of checks and balances, and subject to
Constitution, is reiterated. appropriate funds for their support, the National Assembly specific limitations and restrictions provided in the said
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instrument. The Constitution sets forth in no uncertain 6. ID.; ID.; ID.; JUDICIAL REVIEW LIMITED TO 8. ID.; OUR CONSTITUTION HAS ADOPTED THE
language the restrictions and limitations upon governmental ACTUAL LITIGATION; WISDOM, JUSTICE OR AMERICAN TYPE OF CONSTITUTIONAL
powers and agencies. If these restrictions and limitations EXPEDIENCY OF LEGISLATION. — Even then, this GOVERNMENT. — Discarding the English type and other
are transcended, it would be inconceivable if the power of judicial review is limited to actual cases and European types of constitutional government, the framers
Constitution had not provided for a mechanism by which to controversies to be exercised after full opportunity of of our Constitution adopted the American type where the
direct the course of government along constitutional argument by the parties, and limited further to the written constitution is interpreted and given effect by the
channels, for, then, the distribution of powers would be constitutional question raised or the very lis mota judicial department. In some countries which have declined
mere verbiage, the bill of rights mere expressions of presented. Any attempt at abstraction could only lead to to follow the American example, provisions have been
sentiment, and the principles of good government mere dialectics and barren legal questions and to sterile inserted in their constitutions prohibiting the courts from
political apothegms. Certainly, the limitations and conclusions unrelated to actualities. Narrowed as its exercising the power to interpret the fundamental law. This
restrictions embodied in the Constitution are real as they function is in this manner, the judiciary does not pass upon is taken as a recognition of what otherwise would be the
should be in any living constitution. In the United States questions of wisdom, justice or expediency of legislation. rule that in the absence of direct prohibition courts are
where no express constitutional grant is found in their More than that, courts accord the presumption of bound to assume what is logically their function. For
constitution, the possession of this moderating power of the constitutionality to legislative enactments not only because instance, the Constitution of Poland of 1921, expressly
courts, not to speak of its historical origin and development the Legislature is presumed to abide by the Constitution but provides that courts shall have no power to examine the
there, has been set at rest by popular acquiescence for a also because the judiciary in the determination of actual validity of statutes (article 81, chapter IV). The former
period of more than one and a half centuries. In our case, cases and controversies must reflect the wisdom and justice Austrian Constitution contained a similar declaration. In
this moderating power is granted, if not expressly, by clear of the people as expressed through their representatives in countries whose constitutions are silent in this respect,
implication from section 2 of article VIII of our the executive and legislative departments of the courts have assumed this power. This is true in Norway,
Constitution. government. Greece, Australia and South Africa. Whereas, in
Czechoslovakia (arts. 2 and 3, Preliminary Law to
5. ID.; ID.; ID.; WHAT IS MEANT BY "JUDICIAL 7. ID.; ID.; ID.; SYSTEM ITSELF NOT THE CHIEF Constitutional Charter of the Czechoslovak Republic,
SUPREMACY". — The Constitution is a definition of the PALLADIUM OF CONSTITUTIONAL LIBERTY; February 29, 1920) and Spain (arts 121-123, Title IX,
powers of government. Who is to determine the nature, SUCCESS MUST BE TESTED IN THE CRUCIBLE OF Constitution of the Republic of 1931) especial
scope and extent of such powers? The Constitution itself FILIPINO MINDS AND HEARTS. — But much as we constitutional courts are established to pass upon the
has provided for the instrumentality of the judiciary as the might postulate on the internal checks of power provided in validity of ordinary laws.
rational way. And when the judiciary mediates to allocate our Constitution, it ought not the less to be remembered
constitutional boundaries, it does not assert any superiority that, in the language of James Madison, the system itself is 9. ID.; JURISDICTION OVER THE ELECTORAL
over the other departments; it does not in reality nullify or not "the chief palladium of constitutional liberty . . . the COMMISSION. — The nature of the present controversy
invalidate an act of the Legislature, but only asserts the people who are authors of this blessing must also be its shows the necessity of a final constitutional arbiter to
solemn and sacred obligation assigned to it by the guardians . . . their eyes must be ever ready to mark, their determine the conflict of authority between two agencies
Constitution to determine conflicting claims of authority voice to pronounce . . . aggression on the authority of their created by the Constitution. If the conflict were left
under the Constitution and to establish for the parties in an constitution." In the last and ultimate analysis, then, must undecided and undetermined, a void would be created in
actual controversy the rights which that instrument secures the success of our government in the unfolding years to our constitutional system which may in the long run prove
and guarantees to them. This is in truth all that is involved come be tested in the crucible of Filipino minds and hearts destructive of the entire framework. Natura vacuum
in what is termed "judicial supremacy" which properly is than in the consultation rooms and court chambers. abhorret, so must we avoid exhaustion in our constitutional
the power of judicial review under the Constitution. system. Upon principle, reason and authority, the Supreme
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Court has jurisdiction over the Electoral Commission and the election, returns and qualifications of the members of 12. ID.; ELECTORAL COMMISSION IN THE UNITED
the subject matter of the present controversy for the the Legislature long lodged in the legislative body, to an STATES. — The creation of an Electoral Commission
purpose of determining the character, scope and extent of independent, impartial and non-partisan tribunal, is by no whose membership is recruited both from the legislature
the constitutional grant to the Electoral Commission as "the means a mere experiment in the science of government. As and the judiciary is by no means unknown in the United
sole judge of all contests relating to the election, returns early as 1868, the House of Commons in England solved States. In the presidential elections of 1876 there was a
and qualifications of the members of the National the problem of insuring the non-partisan settlement of the dispute as to the number of electoral votes received by each
Assembly." controverted elections of its members by abdicating its of the two opposing candidates. As the Constitution made
prerogative to two judges of the King's Bench of the High no adequate provision for such a contingency, Congress
10. ID.; THE ELECTORAL COMMISSION; Court of Justice selected from a rota in accordance with passed a law on January 29, 1877 (United States Statutes at
CONSTITUTIONAL GRANT OF POWER TO THE rules of court made for the purpose. Having proved Large, vol. 19, chap. 37, pp. 227-229), creating a special
ELECTORAL COMMISSION TO BE THE SOLE JUDGE successful, the practice has become imbedded in English Electoral Commission composed of five members elected
OF ALL CONTESTS RELATING TO THE ELECTION, jurisprudence (Parliamentary Elections Act, 1868 [31 & 32 by the Senate, five members elected by the House of
RETURNS AND QUALIFICATIONS OF MEMBERS OF Vict. c. 125] as amended by Parliamentary Elections and Representatives, and five justices of the Supreme Court, the
THE NATIONAL ASSEMBLY. — The original provision Corrupt Practices Act, 1879 [42 & 43 Vict. c. 75], s. 2; fifth justice to be selected by the four designated in the Act.
regarding this subject in the Act of Congress of July 1, Corrupt and Illegal Practices Prevention Act 1883 [46 & 47 The decision of the commission was to be binding unless
1902 (sec. 7, par. 5) laying down the rule that the assembly Vict. c. 51], s. 70; Expiring Laws Continuance Act, 1911 [1 rejected by the two houses voting separately. Although
shall be the judge of the elections, returns, and & 2 Geo. 5, c. 22]; Laws of England, vol. XII, p. 408, vol. there is not much moral lesson to be derived from the
qualifications of its members", was taken from clause 1 of XXI, p. 787). In the Dominion of Canada, election contests experience of America in this regard, the experiment has at
section 5, Article I of the Constitution of the United States which were originally heard by the Committee of the House least abiding historical interest.
providing that "Each House shall be the Judge of the of Commons, are since 1922 tried in the courts. Likewise,
Elections, Returns, and Qualifications of its own Members, in the Commonwealth of Australia, election contests which 13. ID.; ID.; FAMILIARITY OF THE MEMBERS OF
. . . ." The Act of Congress of August 29, 1916 (sec. 18, were originally determined by each house, are since 1922 THE CONSTITUTIONAL CONVENTION WITH THE
par. 1) modified this provision by the insertion of the word tried in the High Court. In Hungary, the organic law HISTORY AND POLITICAL DEVELOPMENT OF
"sole" as follows: "That the Senate and House of provides that all protests against the election of members of OTHER COUNTRIES OF THE WORLD; ELECTORAL
Representatives, respectively, shall be the sole judges of the the Upper House of Diet are to be resolved by the Supreme COMMISSION IS THE EXPRESSION OF THE
elections, returns, and qualifications of their elective Administrative Court (Law 22 of 1916, chap. 2, art. 37, par. WISDOM AND ULTIMATE JUSTICE OF THE PEOPLE.
members, . . ." apparently in order to emphasize the 6). The Constitution of Poland of March 17, 1921 (art. 19) — The members of the Constitutional Convention who
exclusive character of the jurisdiction conferred upon each and the Constitution of the Free City of Danzig of May 13, framed our fundamental law were in their majority men
House of the Legislature over the particular cases therein 1922 (art. 10) vest the authority to decide contested mature in years and experience. To be sure, many of them
specified. This court has had occasion to characterize this elections to the Diet or National Assembly in the Supreme were familiar with the history and political development of
grant of power to the Philippine Senate and House of Court. For the purpose of deciding legislative contests, the other countries of the world. When, therefore, they deemed
Representatives, respectively, as "full, clear and complete". Constitution of the German Reich of July 1, 1919 (art. 31), it wise to create an Electoral Commission as a
(Veloso vs. Boards of Canvassers of Leyte and Samar the Constitution of the Czechoslovak Republic of February constitutional organ and invested it with the exclusive
[1919], 39 Phil., 886, 888.) 29, 1920 (art. 19) and the Constitution of the Grecian function of passing upon and determining the election,
Republic of June 2, 1927 (art. 43) all provide for an returns and qualifications of the members of the National
11. ELECTORAL COMMISSION; HISTORICAL Electoral Commission. Assembly, they must have done so not only in the light of
INSTANCES. — The transfer of the power of determining their own experience but also having in view the experience
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of other enlightened peoples of the world. The creation of IS CLOSER TO THE LEGISLATIVE DEPARTMENT Electoral Commission in such a case would be invested
the Electoral Commission was designed to remedy certain THAN TO ANY OTHER. — The Electoral Commission is with the power to determine contested cases involving the
evils of which the framers of our Constitution were a constitutional creation, invested with the necessary election, returns, and qualifications of the members of the
cognizant. Notwithstanding the vigorous opposition of authority in the performance and execution of the limited National Assembly but subject at all times to the regulative
some members of the Convention to its creation, the plan and specific function assigned to it by the Constitution. power of the National Assembly. Not only would the
was approved by that body by a vote of 98 against 58. All Although it is not a power in our tripartite scheme of purpose of the framers of our Constitution of totally
that can be said now is that, upon the approval of the government, it is, to all intents and purposes, when acting transferring this authority from the legislative body be
Constitution, the creation of the Electoral Commission is within the limits of its authority, an independent organ. It frustrated, but a dual authority would be created with the
the expression of the wisdom and "ultimate justice of the is, to be sure, closer to the legislative department than to resultant inevitable clash of powers from time to time. A
people". (Abraham Lincoln, First Inaugural Address, any other. The location of the provision (sec. 4) creating the sad spectacle would then be presented of the Electoral
March 4, 1861.) Electoral Commission under Article VI entitled Commission retaining the bare authority of taking
"Legislative Department" of our Constitution is very cognizance of cases referred to, but in reality without the
14. ID.; ID.; ID.; PURPOSE WAS TO TRANSFER IN ITS indicative. Its composition is also significant in that it is necessary means to render that authority effective whenever
TOTALITY POWER EXERCISED PREVIOUSLY BY constituted by a majority of members of the Legislature. and wherever the National Assembly has chosen to act, a
THE LEGISLATURE OVER THE CONTESTED But it is a body separate from and independent of the situation worse than that intended to be remedied by the
ELECTIONS OF THE MEMBERS TO AN Legislature. framers of our Constitution. The power to regulate on the
INDEPENDENT AND IMPARTIAL TRIBUNAL. — part of the National Assembly in procedural matters will
From the deliberations of our Constitutional Convention it 16. ID.; ID; ID.; GRANT OF POWER TO THE inevitably lead to the ultimate control by the Assembly of
is evident that the purpose was to transfer in its totality all ELECTORAL COMMISSION INTENDED TO BE AS the entire proceedings of the Electoral Commission, and, by
the powers previously exercised by the Legislature in COMPLETE AND UNIMPAIRED AS IF IT HAD indirection, to the entire abrogation of the constitutional
matters pertaining to contested elections of its members, to REMAINED ORIGINALLY IN THE LEGISLATURE. — grant. It is obvious that this result should not be permitted.
an independent and impartial tribunal. It was not so much The grant of power to the Electoral Commission to judge
the knowledge and appreciation of contemporary all contests relating to the election, returns and 17. ID.; ID.; ID; ID.; THE POWER TO PROMULGATE
constitutional precedents, however, as the long-felt need of qualifications of members of the National Assembly, is INCIDENTAL RULES AND REGULATIONS LODGED
determining legislative contests devoid of partisan intended to be as complete and unimpaired as if it had ALSO IN THE ELECTORAL COMMISSION BY
considerations which prompted the people acting through remained originally in the Legislature. The express lodging NECESSARY IMPLICATION. — The creation of the
their delegates to the Convention to provide for this body of that power in the Electoral Commission is an implied Electoral Commission carried with it ex necesitate rei the
known as the Electoral Commission. With this end in view, denial of the exercise of that power by the National power regulative in character to limit the time within which
a composite body in which both the majority and minority Assembly. And this is as effective a restriction upon the protests intrusted to its cognizance should be filed. It is a
parties are equally represented to off-set partisan influence legislative power as an express prohibition in the settled rule of construction that where a general power is
in its deliberations was created, and further endowed with constitution (Ex parte Lewis, 46 Tex. Crim. Rep., 1; State conferred or duty enjoined, every particular power
judicial temper by including in its membership three vs. Whisman, 33 S. D., 260; L. R. A., 1917B, 1). If the necessary for the exercise of the one or the performance of
justices of the Supreme Court. power claimed for the National Assembly to regulate the the other is also conferred (Cooley, Constitutional
proceedings of the Electoral Commission and cut off the Limitations, eighth ed., vol. I, pp. 138, 139). In the absence
15. ID.; ID.; ID.; THE ELECTORAL COMMISSION IS power of the Electoral Commission to lay down a period of any further constitutional provision relating to the
AN INDEPENDENT CONSTITUTIONAL CREATION within which protest should be filed were conceded, the procedure to be followed in filing protests before the
ALTHOUGH FOR PURPOSES OF CLASSIFICATION IT grant of power to the commission would be ineffective. The Electoral Commission, therefore, the incidental power to
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promulgate such rules necessary for the proper exercise of 19. ID.; ID.; ID.; FACTS OF THE CASE; EQUITABLE Constitution. This result was not and could not have been
its exclusive powers to judge all contests relating to the CONSIDERATIONS. — The Commonwealth Government contemplated, and should be avoided.
election, returns and qualifications of members of the was inaugurated on November 15, 1935, on which date the
National Assembly, must be deemed by necessary Constitution, except as to the provisions mentioned in 20. ID.; ID.; ID.; CONFIRMATION BY THE NATIONAL
implication to have been lodged also in the Electoral section 6 of Article XV thereof, went into effect. The new ASSEMBLY CAN NOT DEPRIVE THE ELECTORAL
Commission. National Assembly convened on November 25, of that COMMISSION OF ITS AUTHORITY TO FIX THE
year, and the resolution confirming the election of the TIME WITHIN WHICH PROTESTS AGAINST THE
18. ID; ID.; ID.; POSSIBILITY OF ABUSE NO petitioner was approved by that body on December 3, 1935. ELECTION, RETURNS AND QUALIFICATIONS OF
ARGUMENT AGAINST GRANT OF POWER. — The The protest by the herein respondent against the election of MEMBERS OF THE NATIONAL ASSEMBLY SHOULD
possibility of abuse is not an argument against the the petitioner was filed on December 9 of the same year. BE FILED. — Resolution No. 8 of the National Assembly
concession of the power as there is no power that is not The pleadings do not show when the Electoral Commission confirming the election of members against whom no
susceptible of abuse. If any mistake has been committed in was formally organized but it does appear that on protests has been filed at the time of its passage on
the creation of an Electoral Commission and in investing it December 9, 1935, the Electoral Commission met for the December 3, 1936, can not be construed as a limitation
with exclusive jurisdiction in all cases relating to the first time and approved a resolution fixing said date as the upon the time for the initiation of election contests. While
election, returns, and qualifications of members of the last day for the filing of election protests. When, therefore, there might have been good reason for the legislative
National Assembly, the remedy is political, not judicial, the National Assembly passed its resolution of December 3, practice of confirmation of members of the Legislature at
and must be sought through the ordinary processes of 1935, confirming the election of the petitioner to the the time the power to decide election contests was still
democracy. All the possible abuses of the government are National Assembly, the Electoral Commission had not yet lodged in the Legislature, confirmation alone by the
not intended to be corrected by the judiciary. The people in met; neither does it appear that said body had actually been Legislature cannot be construed as depriving the Electoral
creating the Electoral Commission reposed as much organized. As a matter of fact, according to certified copies Commission of the authority incidental to its constitutional
confidence in this body in the exclusive determination of of official records on file in the archives division of the power to be "the sole judge of all contests relating to the
the specified cases assigned to it, as it has given to the National Assembly attached to the record of this case upon election, returns, and qualifications of the members of the
Supreme Court in the proper cases entrusted to it for the petition of the petitioner, the three justices of the National Assembly", to fix the time for the filing of said
decision. All the agencies of the government were designed Supreme Court and the six members of the National election protests. Confirmation by the National Assembly
by the Constitution to achieve specific purposes, and each Assembly constituting the Electoral Commission were of the returns of its members against whose election no
constitutional organ working within its own particular respectively designated only on December 4 and 6, 1936. If protests have been filed is, to all legal purposes,
sphere of discretionary action must be deemed to be Resolution No. 8 of the National Assembly confirming unnecessary. Confirmation of the election of any member is
animated with same zeal and honesty in accomplishing the non-protested elections of members of the National not required by the Constitution before he can discharge his
great ends for which they were created by the sovereign Assembly had the effect of limiting or tolling the time for duties as such member. As a matter of fact, certification by
will. That the actuations of these constitutional agencies the presentation of protests, the result would be that the the proper provincial board of canvassers is sufficient to
might leave much to be desired in given instances, is National Assembly — on the hypothesis that it still retained entitle a member-elect to a seat in the National Assembly
inherent in the imperfections of human institutions. From the incidental power of regulation in such cases — had and to render him eligible to any office in said body (No. 1,
the fact that the Electoral Commission may not be already barred the presentation of protests before the par. 1, Rules of the National Assembly, adopted December
interfered with in the exercise of its legitimate power, it Electoral Commission had had time to organize itself and 6, 1935).
does not follow that its acts, however illegal or deliberate on the mode and method to be followed in a
unconstitutional, may not be challenged in appropriate matter entrusted to its exclusive jurisdiction by the 21. ID.; EFFECT OF CONFIRMATION UNDER THE
cases over which the courts may exercise jurisdiction. JONES LAW. — Under the practice prevailing when the
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Jones Law was still in force, each House of the Philippine f. Marcos v. Manglapus, G.R. No. 88211, 15 September executive power which is vested in one official — the
Legislature fixed the time when protests against the 1989 President.
election of any of its members should be filed. This was
expressly authorized by section 18 of the Jones Law 1. CONSTITUTIONAL LAW; BILL OF RIGHTS; RIGHT 5. ID.; PRESIDENT'S POWER UNDER THE 1987
making each House the sole judge of the election, returns TO RETURN TO ONE'S COUNTRY, NOT AMONG CONSTITUTION; EXTENT AND LIMITATION. —
and qualifications of its members, as well as by a law (sec. THE RIGHTS GUARANTEED. — The right to return to Consideration of tradition and the development of
478, Act No. 3387) empowering each House respectively to one's country is not among the rights specifically presidential power under the different constitutions are
prescribe by resolution the time and manner of filing guaranteed in the Bill of Rights, which treats only of the essential for a complete understanding of the extent of and
contest the election of members of said bodies. As a matter liberty of abode and the right to travel. limitations to the President's powers under the 1987
of formality, after the time fixed by its rules for the filing of Constitution. Although the 1987 Constitution imposes
protests had already expired, each House passed a 2. ID.; ID.; RIGHT TO RETURN CONSIDERED AS A limitations on the exercise of specific powers of the
resolution confirming or approving the returns of such GENERALLY ACCEPTED PRINCIPLE OF President, it maintains intact what is traditionally
members against whose election no protest had been filed INTERNATIONAL LAW. — It is the court's well- considered as within the scope of "executive power."
within the prescribed time. This was interpreted as cutting considered view that the right to return may be considered, Corollarily, the powers of the President cannot be said to be
off the filing of further protests against the election of those as a generally accepted principle of international law and limited only to the specific powers enumerated in the
members not theretofore contested (Amistad vs. Claravall under our Constitution, is part of the law of the land [Art. II Constitution. In other words, executive power is more than
[Isabela], Second Philippine Legislature, Record — First Sec. 2 of the Constitution.] the sum of specific powers so enumerated.
Period, p. 89; Urgello vs. Rama [Third District, Cebu],
Sixth Philippine Legislature; Fetalvero vs. Festin 3. ID.; ID.; RIGHT TO RETURN, DISTINCT AND 6. ID.; PRESIDENT'S RESIDUAL POWER TO
[Romblon], Sixth Philippine Legislature, Record — First SEPARATE FROM THE RIGHT TO TRAVEL. — It is PROTECT THE GENERAL WELFARE OF THE
Period, pp. 637-640; Kintanar vs. Aldanese [Fourth distinct and separate from the right to travel and enjoys a PEOPLE; THE POWERS INVOLVED. — The power
District, Cebu], Sixth Philippine Legislature, Record — different protection under the International Covenant of involved is the President's residual power to protect the
First Period, pp. 1121, 1122; Aguilar vs. Corpus [Masbate], Civil and Political Rights, i.e., against being "arbitrarily general welfare of the people. It is founded on the duty of
Eighth Philippine Legislature, Record — First Period, vol. deprived" thereof [Art. 12 (4).] the President, as steward of the people. To paraphrase
III, No. 56, pp. 892, 893). The Constitution has expressly Theodore Roosevelt, it is not only the power of the
repealed section 18 of the Jones Law. Act No. 3387, section 4. ID.; ALLOCATION OF POWER IN THE THREE President but also his duty to do anything not forbidden by
478, must be deemed to have been impliedly abrogated BRANCHES OF GOVERNMENT A GRANT OF ALL the Constitution or the laws that the needs of the nation
also, for the reason that with the power to determine all THE POWERS INHERENT THERETO. — As the demand. The President is not only clothed with
contests relating to the election, returns and qualifications Supreme Court in Ocampo v. Cabangis [15 Phil. 626 extraordinary powers in times of emergency, but is also
of members of the National Assembly, is inseparably linked (1910)] pointed out "a grant of the legislative power means tasked with attending to the day-to-day problems of
the authority to prescribe regulations for the exercise of that a grant of all legislative power; and a grant of the judicial maintaining peace and order and ensuring domestic
power. There was thus no law nor constitutional provision power means a grant of all the judicial power which may be tranquillity in times when no foreign foe appears on the
which authorized the National Assembly to fix, as it is exercised under the government." [At 631-632.] If this can horizon. Wide discretion, within the bounds of law, in
alleged to have fixed on December 3, 1935, the time for the be said of the legislative power which is exercised by two fulfilling presidential duties in times of peace is not in any
filing of contests against the election of its members. And chambers with a combined membership of more than two way diminished by the relative want of an emergency
what the National Assembly could not do directly, it could hundred members and of the judicial power which is vested specified in the commander-in-chief provision.
not do by indirection through the medium of confirmation. in a hierarchy of courts, it can equally be said of the
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7. ID.; LIBERTY OF ABODE AND RIGHT TO 9. ID.; LIBERTY OF ABODE AND RIGHT TO the province of the judiciary, except to the extent that
TRAVEL; REQUEST TO BE ALLOWED TO RETURN TRAVEL; DENIAL OF REQUEST TO BE ALLOWED power to deal with such questions has been conferred on
TO THE PHILIPPINES; TO BE TREATED AS TO RETURN TO THE PHILIPPINES, NOT A GRAVE the courts by express constitutional or statutory provisions.
ADDRESSED TO THE RESIDUAL UNSTATED ABUSE OF DISCRETION. — We find that from the
POWERS OF THE PRESIDENT. — The request or pleadings filed by the parties, from their oral arguments, 3. ID.; ID.; CONSTRUED. — It is not so easy, however, to
demand of the Marcoses to be allowed to return to the and the facts revealed during the briefing in chambers by define the phrase political question, nor to determine what
Philippines cannot be considered in the light solely of the the Chief of Staff of the Armed Forces of the Philippines matters fall within its scope. It is frequently used to
constitutional provisions guaranteeing liberty of abode and and the National Security Adviser, wherein petitioners and designate all questions that lie outside the scope of the
the right to travel, subject to certain exceptions, or of case respondents were represented, there exist factual bases for judicial power. More properly, however, it means those
law which clearly never contemplated situations even the President's decision. The documented history of the questions which, under the constitution, are to be decided
remotely similar to the present one. It must be treated as a efforts of the Marcoses and their followers to destabilize by the people in their sovereign capacity, or in regard to
matter that is appropriately addressed to those residual the country, as earlier narrated in this ponencia bolsters the which full discretionary authority has been delegated to the
unstated powers of the President which are implicit in and conclusion that the return of the Marcoses at this time legislative or executive branch of the government.
correlative to the paramount duty residing in that office to would only exacerbate and intensify the violence directed
safeguard and protect general welfare. In that context, such against the State and instigate more chaos. With these 4. ID.; ID.; CONSTITUTIONAL POWER VESTED
request or demand should submit to the exercise of a before her, the President cannot be said to have acted EXCLUSIVELY IN THE PRESIDENT OR CONGRESS,
broader discretion on the part of the President to determine arbitrarily and capriciously and whimsically in determining BEYOND PROHIBITION OR EXAMINATION BY THE
whether it must be granted or denied. that the return of the Marcoses poses a serious threat to the COURT REQUIRED FOR ITS EXISTENCE. — For a
national interest and welfare and in prohibiting their return. political question to exist, there must be in the Constitution
8. ID.; JUDICIAL REVIEW; POWER TO DETERMINE a power vested exclusively in the President or Congress,
GRAVE ABUSE OF DISCRETION OR EXCESS OF GUTIERREZ, JR., J.: dissenting: the exercise of which the court should not examine or
JURISDICTION ON ANY BRANCH OR prohibit. A claim of plenary or inherent power against a
INSTRUMENTALITY OF THE GOVERNMENT. — The 1. CONSTITUTIONAL LAW; CONSTITUTION; ITS civil right which claim is not found in a specific provision
present Constitution limits resort to the political question PROVISIONS PROTECT ALL MEN, AT ALL TIMES is dangerous. Neither should we validate a roving
doctrine and broadens the scope of judicial inquiry into AND UNDER ALL CIRCUMSTANCES. — "The commission allowing public officials to strike where they
areas which the Court, under previous constitutions, would Constitution . . . is a law for rulers and people, equally in please and to override everything which to them represents
have normally left to the political departments to decide. war and in peace, and covers with the shield of its evil. The entire Government is bound by the rule of law.
The deliberations of the Constitutional Commission cited protection all classes of men, at all times, and under all The authority implied in Section 6 of the Bill of Rights
by petitioners show that the framers intended to widen the circumstances. No doctrine involving more pernicious itself does not exist because no law has been enacted
scope of judicial review but they did not intend courts of consequences was ever invented by the wit of man than that specifying the circumstances when the right may be
justice to settle all actual controversies before them. When any of its provisions can be suspended during any of the impaired in the interest of national security or public safety.
political questions are involved, the Constitution limits the great exigencies of government." (Ex Parte Milligan, 4 The power is in Congress, not the Executive.
determination to whether or not there has been a grave Wall. 2; 18 L. Ed. 281 [1866]).
abuse of discretion amounting to lack or excess of 5. ID.; LIBERTY OF ABODE AND RIGHT TO
jurisdiction on the part of the official whose action is being 2. ID.; POLITICAL QUESTIONS; OUTSIDE THE TRAVEL; RIGHT TO TRAVEL INCLUDES RIGHT TO
questioned. SCOPE OF JUDICIAL DETERMINATION. — It is a TRAVEL OUT OF OR BACK TO THE PHILIPPINES. —
well-settled doctrine that political questions are not within Section 6 of the Bill of Rights states categorically that the
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liberty of abode and of changing the same within the limits buttress a conclusion. In the first place, there has never Manila. Invoking his powers as Commander-in-Chief under
prescribed by law may be impaired only upon a lawful been a pronouncement by the President that a clear and Section 18, Article VII of the Constitution, the President
order of a court. Not by an executive officer. Not even by present danger to national security and public safety will directed the AFP Chief of Staff and PNP Chief to
the President. Section 6 further provides that the right to arise if Mr. Marcos and his family are allowed to return to coordinate with each other for the proper deployment and
travel, and this obviously includes the right to travel out of the Philippines. It was only after the present petition was utilization of the Marines to assist the PNP in preventing or
or back into the Philippines, cannot be impaired except in filed that the alleged danger to national security and public suppressing criminal or lawless violence. The President
the interest of national security, public safety, or public safety conveniently surfaced in the respondents' pleadings. also declared that the services of the Marines in the anti-
health, as may be provided by law. Secondly, President Aquino herself limits the reason for the crime campaign are merely temporary in nature and for a
ban Marcos policy to (1) national welfare and interest and reasonable period only, until such time when the situation
6. ID.; POLITICAL QUESTION DOCTRINE NO (2) the continuing need to preserve the gains achieved in shall have improved. The Integrated Bar of the Philippines
LONGER UTILIZED BY THE COURT; COURT terms of recovery and stability. Neither ground satisfies the (the "IBP") filed the instant petition to annul LOI 02/2000
COMPELLED TO DECIDE THE CASE UNDER THE criteria of national security and public safety. The and to declare the deployment of the Philippine Marines
1987 CONSTITUTION. — The framers of the Constitution "confluence theory" of the Solicitor General or what the null and void and unconstitutional, arguing that the
believed that the free use of the political question doctrine majority calls "catalytic effect," which alone sustains the deployment of marines in Metro Manila is violative of the
allowed the Court during the Marcos years to fall back on claim of danger to national security is fraught with perilous Constitution because no emergency situation obtains in
prudence, institutional difficulties, complexity of issues, implications. Any difficult problem or any troublesome Metro Manila as would justify, even only remotely, the
momentousness of consequences or a fear that it was person can be substituted for the Marcos threat as the deployment of soldiers for law enforcement work; hence,
extravagantly extending judicial power in the cases where it catalysing factor. It was precisely the banning by Mr. said deployment in derogation of Article II, Section 3 of the
refused to examine and strike down an exercise of Marcos of the right to travel by Senators Benigno Aquino, Constitution.
authoritarian power. Parenthetically, at least two of the Jr., Jovito Salonga, and scores of other "undesirables" and
respondents and their counsel were among the most "threats to national security" during that unfortunate period The Supreme Court found no merit in the petition. When
vigorous critics of Mr. Marcos (the main petitioner) and his which led the framers of our present Constitution not only the President calls the armed forces to prevent or suppress
use of the political question doctrine. The Constitution was to re-enact but to strengthen the declaration of this right. lawless violence, invasion or rebellion, he necessarily
accordingly amended. We are now precluded by its exercises a discretionary power solely vested in his
mandate from refusing to invalidate a political use of power g. Integrated Bar of the Philippines v. Zamora, G.R No. wisdom. This is clear from the intent of the framers and
through a convenient resort to the political question 141284, 15 August 2000 from the text of the Constitution itself. The Court, thus,
doctrine. We are compelled to decide what would have cannot be called upon to overrule the President's wisdom or
been non-justiceable under our decisions interpreting The President of the Philippines, Joseph Ejercito Estrada, in substitute its own. It does not, however, prevent an
earlier fundamental charters. a verbal directive, ordered the PNP and the Marines to examination of whether such power was exercised within
conduct joint visibility patrols for the purpose of crime permissible constitutional limits or whether it was exercised
7. ID.; LIBERTY OF ABODE AND RIGHT TO prevention and suppression. In compliance with the in a manner constituting grave abuse of discretion. In view
TRAVEL; DENIAL A GRAVE ABUSE OF presidential mandate, the PNP Chief, through Police Chief of the constitutional intent to give the President full
DISCRETION. — We do not have to look into the factual Superintendent Edgar B. Aglipay, formulated Letter of discretionary power to determine the necessity of calling
bases of the ban Marcos policy in order to ascertain Instruction 02/2000 (the "LOI") which detailed the manner out the armed forces, it is incumbent upon the petitioner to
whether or not the respondents acted with grave abuse of by which the joint visibility patrols, called Task Force show that the President's decision is totally bereft of factual
discretion. Nor are we forced to fall back upon judicial Tulungan, would be conducted. Task Force Tulungan was basis. The petition failed to discharge such heavy burden as
notice of the implications of a Marcos return to his home to placed under the leadership of the Police Chief of Metro there was no evidence to support the assertion that there
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exists no justification for calling out the armed forces nor SUCCESSFULLY ESTABLISHED A DIRECT AND of standing. Since petitioner has not successfully
was grave abuse committed because the power to call was PERSONAL INJURY AS A CONSEQUENCE OF THE established a direct and personal injury as a consequence of
exercised in such a manner as to violate the constitutional QUESTIONED ACT. — The IBP primarily anchors its the questioned act, it does not possess the personality to
provision on civilian supremacy over the military. In the standing on its alleged responsibility to uphold the rule of assail the validity of the deployment of the Marines. This
performance of the Court's duty of "purposeful hesitation" law and the Constitution. Apart from this declaration, Court, however, does not categorically rule that the IBP has
before declaring an act of another branch as however, the IBP asserts no other basis in support of its absolutely no standing to raise constitutional issues now or
unconstitutional, only where such grave abuse of discretion locus standi. The mere invocation by the IBP of its duty to in the future. The IBP must, by way of allegations and
is clearly shown shall the Court interfere with the preserve the rule of law and nothing more, while proof, satisfy this Court that it has sufficient stake to obtain
President's judgment and to doubt is to sustain. The Court undoubtedly true, is not sufficient to clothe it with standing judicial resolution of the controversy.
also ruled that the calling of the Marines in this case in this case. This is too general an interest which is shared
constitutes permissible use of military assets for civilian by other groups and the whole citizenry. Based on the 2. ID.; EXECUTIVE DEPARTMENT; POWERS OF THE
law enforcement. The participation of the Marines in the standards above-stated, the IBP has failed to present a PRESIDENT; THE PRESIDENT DID NOT COMMIT
conduct of joint visibility patrols is appropriately specific and substantial interest in the resolution of the GRAVE ABUSE OF DISCRETION IN CALLING OUT
circumscribed. The limited participation of the Marines is case. Its fundamental purpose which, under Section 2, Rule THE MARINES. — When the President calls the armed
evident in the provisions of the LOI itself, which 139-A of the Rules of Court, is to elevate the standards of forces to prevent or suppress lawless violence, invasion or
sufficiently provides the metes and bounds of the Marines' the law profession and to improve the administration of rebellion, he necessarily exercises a discretionary power
authority. It is noteworthy that the local police forces are justice is alien to, and cannot be affected by the deployment solely vested in his wisdom. This is clear from the intent of
the ones in charge of the visibility patrols at all times, the of the Marines. It should also be noted that the interest of the framers and from the text of the Constitution itself. The
real authority belonging to the PNP. Under the LOI, the the National President of the IBP who signed the petition, is Court, thus, cannot be called upon to overrule the
police forces are tasked to brief or orient the soldiers on his alone, absent a formal board resolution authorizing him President's wisdom or substitute its own. However, this
police patrol procedures. It is their responsibility to direct to file the present action. To be sure, members of the BAR, does not prevent an examination of whether such power
and manage the deployment of the Marines. It is, likewise, those in the judiciary included, have varying opinions on was exercised within permissible constitutional limits or
their duty to provide the necessary equipment to the the issue. Moreover, the IBP, assuming that it has duly whether it was exercised in a manner constituting grave
Marines and render logistical support to these soldiers. It authorized the National President to file the petition, has abuse of discretion. In view of the constitutional intent to
cannot be properly argued then that military authority is not shown any specific injury which it has suffered or may give the President full discretionary power to determine the
supreme over civilian authority. Moreover, the deployment suffer by virtue of the questioned governmental act. Indeed, necessity of calling out the armed forces, it is incumbent
of the Marines to assist the PNP does not unmake the none of its members, whom the IBP purportedly represents, upon the petitioner to show that the President's decision is
civilian character of the police force. Neither does it has sustained any form of injury as a result of the operation totally bereft of factual basis. The present petition fails to
amount to an "insidious incursion" of the military in the of the joint visibility patrols. Neither is it alleged that any discharge such heavy burden as there is no evidence to
task of law enforcement in violation of Section 5(4), Article of its members has been arrested or that their civil liberties support the assertion that there exist no justification for
XVI of the Constitution. have been violated by the deployment of the Marines. What calling out the armed forces. There is, likewise, no
the IBP projects as injurious is the supposed evidence to support the proposition that grave abuse was
1. POLITICAL LAW; JUDICIAL DEPARTMENT; "militarization" of law enforcement which might threaten committed because the power to call was exercised in such
POWER OF JUDICIAL REVIEW; PETITIONER Philippine democratic institutions and may cause more a manner as to violate the constitutional provision on
INTEGRATED BAR OF THE PHILIPPINES HAS NOT harm than good in the long run. Not only is the presumed civilian supremacy over the military. In the performance of
COMPLIED WITH THE REQUISITES OF LEGAL "injury" not personal in character, it is likewise too vague, this Court's duty of purposeful hesitation" before declaring
STANDING IN CASE AT BAR; PETITIONER HAS NOT highly speculative and uncertain to satisfy the requirement an act of another branch as unconstitutional, only where
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such grave abuse of discretion is clearly shown shall the lawless violence must be done swiftly and decisively if it police patrol procedures. It is their responsibility to direct
Court interfere with the President's judgment. To doubt is were to have any effect at all. Such a scenario is not and manage the deployment of the Marines. It is, likewise,
to sustain. farfetched when we consider the present situation in their duty to provide the necessary equipment to the
Mindanao, where the insurgency problem could spill over Marines and render logistical support to these soldiers. In
3. ID.; ID.; ID.; GROUNDS FOR THE DECLARATION the other parts of the country. The determination of the view of the foregoing, it cannot be properly argued that
OF MARTIAL LAW AND SUSPENSION OF THE WRIT necessity for the calling out power if subjected to unfettered military authority is supreme over civilian authority.
OF HABEAS CORPUS; SAID CONDITIONS ARE NOT judicial scrutiny could be a veritable prescription for
REQUIRED IN THE CASE OF THE POWER OF THE disaster, as such power may be unduly straitjacketed by an VITUG, J., separate opinion:
PRESIDENT TO CALL OUT THE ARMED FORCES. — injunction or a temporary restraining order every time it is
Under Section 18, Article VII of the Constitution, in the exercised. Thus, it is the unclouded intent of the POLITICAL LAW; JUDICIAL DEPARTMENT; POWER
exercise of the power to suspend the privilege of the writ of Constitution to vest upon the President, as Commander-in- OF JUDICIAL REVIEW; THE ACT OF THE
habeas corpus or to impose martial law, two conditions Chief of the Armed Forces, full discretion to call forth the PRESIDENT IN SIMPLY CALLING ON THE ARMED
must concur: (1) there must be an actual invasion or military when in his judgment it is necessary to do so in FORCES, AN EXECUTIVE PREROGATIVE, TO
rebellion and, (2) public safety must require it. These order to prevent or suppress lawless violence, invasion or ASSIST THE PHILIPPINE NATIONAL POLICE IN
conditions are not required in the case of the power to call rebellion. Unless the petitioner can show that the exercise "JOINT VISIBILITY PATROLS" DOES NOT
out the Armed Forces. The only criterion is that "whenever of such discretion was gravely abused, the President's CONSTITUTE GRAVE ABUSE OF DISCRETION THAT
it becomes necessary," the President may call the armed exercise of judgment deserves to be accorded respect from WOULD WARRANT AN EXERCISE BY THE COURT
forces "to prevent or suppress lawless violence, invasion or this Court. OF ITS EXTRAORDINARY POWER OF JUDICIAL
rebellion." The implication is that the President is given full REVIEW. — The term grave abuse of discretion is long
discretion and wide latitude in the exercise of the power to 5. ID.; ID.; ID.; THE DEPLOYMENT OF THE MARINES understood in our jurisprudence as being, and confined to, a
call as compared to the two other powers. DOES NOT VIOLATE THE CIVILIAN SUPREMACY capricious and whimsical or despotic exercise of judgment
CLAUSE NOR DOES IT INFRINGE THE CIVILIAN amounting to lack or excess of jurisdiction. Minus the not-
4. ID.; ID.; ID.; DETERMINATION OF NECESSITY CHARACTER OF THE POLICE FORCE. — The so-unusual exaggerations often invoked by litigants in the
FOR POWER TO CALL OUT ARMED FORCES IF deployment of the Marines does not constitute a breach of duel of views, the act of the President in simply calling on
SUBJECTED TO UNFETTERED JUDICIAL SCRUTINY the civilian supremacy clause. The calling of the Marines in the Armed Forces of the Philippines, an executive
COULD BE A VERITABLE PRESCRIPTION FOR this case constitutes permissible use of military assets for prerogative, to assist the Philippine National Police in
DISASTER, AS SUCH POWER MAY BE UNDULY civilian law enforcement. The participation of the Marines "joint visibility patrols" in the metropolis does not, I
STRAITJACKETED BY AN INJUNCTION OR in the conduct of joint visibility patrols is appropriately believe, constitute grave abuse of discretion that would now
TEMPORARY RESTRAINING ORDER EVERY TIME circumscribed. The limited participation of the Marines is warrant an exercise by the Supreme Court of its
IT IS EXERCISED. — The President as Commander-in- evident in the provisions of the LOI itself, which extraordinary power as so envisioned by the fundamental
Chief has a vast intelligence network to gather information, sufficiently provides the metes and bounds of the Marines' law. HSTAcI
some of which may be classified as highly confidential or authority. It is noteworthy that the local police forces are
affecting the security of the state. In the exercise of the the ones in charge of the visibility patrols at all times, the PUNO, J., separate opinion:
power to call, on-the-spot decisions may be imperatively real authority belonging to the PNP. In fact, the Metro
necessary in emergency situations to avert great loss of Manila Police Chief is the overall leader of the PNP- 1. POLITICAL LAW; JUDICIAL DEPARTMENT;
human lives and mass destruction of property. Indeed, the Philippine Marines joint visibility patrols. Under the LOI, POWER OF JUDICIAL REVIEW; CONDITIONS THAT
decision to call out the military to prevent or suppress the police forces are tasked to brief or orient the soldiers on MUST BE MET BEFORE THE PRESIDENT, AS
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COMMANDER-IN-CHIEF, MAY CALL OUT THE who ratified it, the intent to be arrived at is that of the people protected by the Constitution cannot be
ARMED FORCES OF THE PHILIPPINES; SAID people. downgraded. We cannot hold that acts of the commander-
CONDITIONS DEFINE THE PARAMETERS OF THE in-chief cannot be reviewed on the ground that they have
CALLING OUT POWER AND WHETHER OR NOT 2. ID.; ID.; ID.; IT MAY BE CONCEDED THAT THE lesser impact on the civil and political rights of our people.
THERE IS COMPLIANCE WITH THE SAID EXERCISE OF THE CALLING OUT POWER MAY BE The exercise of the calling out power may be "benign" in
PARAMETERS IS A JUSTIFIABLE ISSUE AND NOT A A "LESSER POWER" COMPARED TO THE POWER the case at bar but may not be so in future cases. THaCAI
POLITICAL QUESTION. — It is clear from Section 18, TO SUSPEND THE PRIVILEGE OF THE WRIT OF
Article VII of the 1987 Constitution that the President, as HABEAS CORPUS AND THE POWER TO DECLARE MENDOZA, J., concurring and dissenting:
Commander-in-Chief of the armed forces of the MARTIAL LAW, STILL ITS EXERCISE CANNOT BE
Philippines, may call out the armed forces subject to two LEFT TO ABSOLUTE DISCRETION OF THE CHIEF 1. POLITICAL LAW; JUDICIAL DEPARTMENT;
conditions: (1) whenever it becomes necessary; and (2) to EXECUTIVE, AS COMMANDER-IN-CHIEF OF THE POWER OF JUDICIAL REVIEW; JUDGMENT ON THE
prevent or suppress lawless violence, invasion or rebellion. ARMED FORCES, AS ITS IMPACT ON THE RIGHTS SUBSTANTIAL ISSUES RAISED BY PETITIONER
Undeniably, these conditions lay down the sine qua OF THE PEOPLE PROTECTED BY THE MUST AWAIT AN ACTUAL CASE INVOLVING REAL
requirement for the exercise of the power and the objective CONSTITUTION CANNOT BE DOWNGRADED. — It PARTIES WITH "INJURIES" TO SHOW AS A RESULT
sought to be attained by the exercise of the power. They is true that the third paragraph of Section 18, Article VII of OF THE OPERATION OF THE CHALLENGED
define the constitutional parameters of the calling out the 1987 Constitution expressly gives the Court the power EXECUTIVE DECISION. — I submit that judgment on
power. Whether or not there is compliance with these to review the sufficiency of the factual bases used by the the substantive constitutional issues raised by petitioner
parameters is a justiciable issue and is not a political President in the suspension of the privilege of the writ of must await an actual case involving real parties with
question. I am not unaware that in the deliberations of the habeas corpus and the declaration of martial law. It does "injuries" to show as a result of the operation of the
Constitutional Commission, Commissioner Bernas opined not follow, however, that just because the same provision challenged executive action. While as an organization for
that the President's exercise of the "calling out power," did not grant to this Court the power to review the exercise the advancement of the rule of law petitioner has an interest
unlike the suspension of the privilege of the writ of habeas of the calling out power by the President, ergo, this Court in upholding the Constitution, its interest is
corpus and the declaration of martial law, is not a cannot pass upon the validity of its exercise. Given the light indistinguishable from the interest of the rest of the
justiciable issue but a political question and therefore not of our constitutional history, this express grant of power citizenry and falls short of that which is necessary to give
subject to judicial review. It must be borne in mind, merely means that the Court cannot decline the exercise of petitioner standing. As I have indicated elsewhere, a
however, that while a member's opinion expressed on the its power because of the political question doctrine as it did citizens' suit challenging the constitutionality of
floor of the Constitutional Convention is valuable, it is not in the past. In fine, the express grant simply stresses the governmental action requires that (1) the petitioner must
necessarily expressive of the people's intent. The mandatory duty of this Court to check the exercise of the have suffered an "injury in fact" of an actual or imminent
proceedings of the Convention are less conclusive on the commander-in-chief powers of the President. It eliminated nature; (2) there must be a causal connection between the
proper construction of the fundamental law than are the discretion of the Court not to wield its power of review injury and the conduct complained of; and (3) the injury is
legislative proceedings of the proper construction of a thru the use of the political question doctrine. It may be likely to be redressed by a favorable action by this Court.
statute, for in the latter case it is the intent of the legislature conceded that the calling out power may be a "lesser The "injury in fact" test requires more than injury to a
the courts seek, while in the former, courts seek to arrive at power" compared to the power to suspend the privilege of cognizable interest. It requires that the party seeking review
the intent of the people through the discussions and the writ of habeas corpus and the power to declare martial be himself among those injured. My insistence on
deliberations of their representatives. The conventional law. Even then, its exercise cannot be left to the absolute compliance with the standing requirement is grounded in
wisdom is that the Constitution does not derive its force discretion of the Chief Executive as Commander-in-Chief the conviction that only a party injured by the operation of
from the convention which framed it, but from the people of the armed forces, as its impact on the rights of our the governmental action challenged is in the best position to
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aid the Court in determining the precise nature of the Jardeleza’s “inability to discharge the duties of his office”. nomination process. Actually, its adherence to the precepts
problem presented. Many a time we have adverted to the The records bear that Chief Justice Sereno initially invoked of due process supports and enriches the exercise of its
power of judicial review as an awesome power not to be the “unanimity rule”during the JBC meeting where she discretion. Having been able to secure four (4) out of six
exercised save in the most exigent situation. For, indeed, expressed her position that Jardeleza did not possess the (6) votes, the only conclusion left to propound is that a
sound judgment on momentous constitutional questions is integrity required to be a member of the Court. The Court majority of the members of the JBC, nonetheless, found
not likely to be reached unless it is the result of a clash of cannot consider Chief Justice Sereno’s invocation of Jardeleza to be qualified for the position of Associate
adversary arguments which only parties with direct and Section 2, Rule 10 of JBC-009 as conformably within the Justice and this grants him a rightful spot in the shortlist
specific interest in the outcome of the controversy can contemplation of the rule. What this disposition perceives, submitted to the President.
make. This is true not only when we strike down a law or therefore, is the inapplicability of Section 2, Rule 10 of
official action but also when we uphold it. ESTDIA JBC-009 to the original ground of its invocation. When an i. Saturnino Ocampo v. Executive Secretary Medialdea,
integrity question arises, the voting requirement for his or G.R. No. 225973, November 8, 2016
2. ID.; ID.; ID.; ID.; NO EVIDENCE ON THE EFFECT her inclusion as a nominee to a judicial post becomes
OF MILITARY PRESENCE IN MALLS AND “unanimous”instead of the “majority vote”. Ocampo, et al. invoked Sections 2, 11, 13, 23, 26, 27 and
COMMERCIAL CENTERS, I.E., WHETHER SUCH 28 of Article II; Sec. 17 of Art. VII, Sec. 3(2) of Art. XIV;
PRESENCE IS COERCIVE OR BENIGN. — In this case, Considering that JBC-009 employs the term “integrity”as Sec. 1 of Art. XI; and Sec. 26 of Art. XVIII of the
because of the absence of parties with real and substantial an essential qualification for appointment, and its doubtful Constitution. While the Constitution is a product of our
interest to protect, we do not have evidence on the effect of existence in a person merits a higher hurdle to surpass, that collective history as a people, its entirety should not be
military presence in malls and commercial centers, i.e., is, the unanimous vote of all the members of the JBC, the interpreted as providing guiding principles to just about
whether such presence is coercive or benign. We do not Court is of the safe conclusion that “integrity”as used in the anything remotely related to the Martial Law period such as
know whether the presence of so many marines and rules must be interpreted uniformly. The crux of the issue is the proposed Marcos burial at the LNMB.
policemen scares shoppers, tourists, and peaceful civilians, on the availability of the right to due process in
or whether it is reassuring to them. To be sure, the JBCproceedings. The Court concludes that the right to due Tañada v. Angara already ruled that the provisions in
deployment of troops to such places is not like parading process is available and thereby demandable as a matter of Article II of the Constitution are not self-executing. The
them at the Luneta on Independence Day. Neither is it, right.The Court does not brush aside the unique and special reasons for denying a cause of action to an alleged
however, like calling them out because of actual fighting or nature of JBC proceedings. The fact that a proceeding is sui infringement of broad constitutional principles are sourced
the outbreak of violence. We need to have evidence on generis and is impressed with discretion, however, does not from basic considerations of due process and the lack of
these questions because, under the Constitution, the automatically denigrate an applicant’s entitlement to due judicial authority to wade “into the uncharted ocean of
President's power to call out the armed forces in order to process. Disciplinary proceedings are actually aimed to social and economic policy making.” In the same vein, Sec.
suppress lawless violence, invasion or rebellion is subject verify and finally determine, if a lawyer charged is still 1 of Art. XI of the Constitution is not a self-executing
to the limitation that the exercise of this power is required qualified to benefit from the rights and privileges that provision. The Court also found the reliance on Sec. 3(2) of
in the interest of public safety. membership in the legal profession evoke. Art. XIV and Sec. 26 of Art. XVIII of the Constitution to
be misplaced, with such provisions bearing no direct or
h. Jardeleza v. Sereno, G.R. No. 213181, August 19, The Court subscribes to the view that in cases where an indirect prohibition to Marcos’ interment at the LNMB.
2014 objection to an applicant’s qualifications is raised, the The Court also found no violation of President Duterte’s
observance of due process neither negates nor renders mandate under Sec. 17, Art. VII of the Constitution to take
The Court notes that the initial or original invocation of illusory the fulfilment of the duty of JBC to recommend. necessary and proper steps to carry into execution the law.
Section 2, Rule 10 of JBC-009 was grounded on This holding is not an encroachment on its discretion in the
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Ocampo, et al. also invoked RA 289, which authorized the “effective” reparation, provided under the International Under AFP Regulations G-161-375, the following are
construction of a National Pantheon as the burial place of Covenant on Civil and Political Rights (ICCPR), the Basic eligible for interment at the LNMB: (a) Medal of Valor
the mortal remains of all the Presidents of the Philippines, Principles and Guidelines on the Right to a Remedy and Awardees; (b) Presidents or Commanders-in-Chief, AFP;
national heroes and patriots, as well as a Board on National Reparation for Victims of Gross Violations of International (c) Secretaries of National Defense; (d) Chiefs of Staff,
Pantheon to implement the said law. Ocampo, et al. are Human Rights Law and Serious Violations of International AFP; (e) General/Flag Officers of the AFP; (f) Active and
mistaken. Both in their pleadings and during the oral Humanitarian Law, and the Updated Set of Principles for retired military personnel of the AFP to include active
arguments, they miserably failed to provide legal and the Protection and Promotion of Human Rights Through draftees and trainees who died in line of duty, active
historical bases as to their supposition that the LNMB and Action to Combat Impunity. reservists and CAFGU Active Auxiliary (CAA) who died
the National Pantheon are one and the same. To date, the in combat operations or combat related activities; (g)
Congress has deemed it wise not to appropriate any funds When the Filipinos regained their democratic institutions Former members of the AFP who laterally entered or joined
for its construction or the creation of the Board on National after the successful People Power Revolution that the PCG and the PNP; (h) Veterans of Philippine
Pantheon. This is indicative of the legislative will not to culminated on February 25, 1986, the three branches of the Revolution of 1890, WWI, WWII and recognized guerillas;
pursue, at the moment, the establishment of a singular government have done their fair share to respect, protect (i) Government Dignitaries, Statesmen, National Artists
interment place for the mortal remains of all Presidents of and fulfill the country's human rights obligations. The 1987 and other deceased persons whose interment or
the Philippines, national heroes, and patriots. Constitution contains provisions that promote and protect reinternment has been approved by the Commander-in-
human rights and social justice. As to judicial remedies, Chief, Congress or the Secretary of National Defense; and
Even if the Court treats R.A. No. 289 as relevant to the aside from the writs of habeas corpus, amparo, and habeas g) Former Presidents, Secretaries of Defense, Dignitaries,
issue, still, Ocampo, et al.'s allegations must fail. To apply data, the Supreme Court promulgated AO No. 25-2007, Statesmen, National Artists, widows of Former Presidents,
the standard that the LNMB is reserved only for the "decent which provides rules on cases involving extra-judicial Secretaries of National Defense and Chief of Staff.
and the brave" or "hero" would be violative of public policy killings of political ideologists and members of the media.
as it will put into question the validity of the burial of each On the part of the Executive Branch, it issued a number of Similar to AFP Regulations G-161-374, the following are
and every mortal remains resting therein, and infringe upon administrative and executive orders. Congress has passed not qualified to be interred in the LNMB: (a) Personnel
the principle of separation of powers since the allocation of several laws affecting human rights. who were dishonorably separated/reverted/discharged from
plots at the LNMB is based on the grant of authority to the the service; and (b) Authorized personnel who were
President under existing laws and regulations. Contrary to Ocampo, et al.’s postulation, our nation's convicted by final judgment of an offense involving moral
history will not be instantly revised by a single resolve of turpitude. In the absence of any executive issuance or law
Ocampo, et al. also invoked RA 10368, modifiying AFP President Duterte, acting through the Enriquez, et al., to to the contrary, the AFP Regulations G-161-375 remains to
Regulations G-161-375, which they interpreted as bury Marcos at the LNMB. Whether Ocampo, et al. admit it be the sole authority in determining who are entitled and
implicitly disqualifying Marcos’ burial at the LNMB or not, the lessons of Martial Law are already engraved, disqualified to be interred at the LNMB. Interestingly, even
because the legislature, a co-equal branch of the albeit in varying degrees, in the hearts and minds of the if they were empowered to do so, former Presidents
government, has statutorily declared his tyranny as a present generation of Filipinos. As to the unborn, it must be Corazon C. Aquino and Benigno Simeon C. Aquino III,
deposed dictator and has recognized the heroism and said that the preservation and popularization of our history who were themselves aggrieved at the Martial Law, did not
sacrifices of the Human Rights Violations Victims is not the sole responsibility of the Chief Executive; it is a revise the rules by expressly prohibiting the burial of
(HRVVs). joint and collective endeavor of every freedom-loving Marcos at the LNMB.
citizen of this country.
Ocampo, et al. argued that the burial of Marcos at the It is not contrary to the "well-established custom," as the
LNMB will violate the rights of the HRVVs to “full” and dissent described it, to argue that the word "bayani" in the
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LNMB has become a misnomer since while a symbolism of with finality by courts here and abroad, have no bearing in nor may its exercise be limited, much less withdrawn, by
heroism may attach to the LNMB as a national shrine for this case since they are merely civil in nature; hence, cannot the legislature. This is why President Duterte is not bound
military memorial, the same does not automatically attach and do not establish moral turpitude. by the alleged 1992 Agreement between former President
to its feature as a military cemetery and to those who were Ramos and the Marcos family to have the remains of
already laid or will be laid therein. Whether or not the To the Court’s mind, the word "service" should be Marcos interred in Batac, Ilocos Norte. As the incumbent
extension of burial privilege to civilians is unwarranted and construed as that rendered by a military person in the AFP, President, he is free to amend, revoke or rescind political
should be restricted in order to be consistent with the including civil service, from the time of his/her agreements entered into by his predecessors, and to
original purpose of the LNMB is immaterial and irrelevant commission, enlistment, probation, training or drafting, up determine policies which he considers, based on informed
to the issue at bar since it is indubitable that Marcos had to the date of his/her separation or retirement from the AFP. judgment and presumed wisdom, will be most effective in
rendered significant active military service and military- Civil service after honorable separation and retirement from carrying out his mandate.
related activities. Ocampo, et al. did not dispute that the AFP is outside the context of "service" under AFP
Marcos was a former President and Commander-in-Chief, a Regulations G-161-375. Hence, it cannot be conveniently Moreover, under the Administrative Code, the President
legislator, a Secretary of National Defense, a military claimed that Marcos' ouster from the presidency during the has the power to reserve for public use and for specific
personnel, a veteran, and a Medal of Valor awardee. EDSA Revolution is tantamount to his dishonorable public purposes any of the lands of the public domain and
separation, reversion or discharge from the military service. that the reserved land shall remain subject to the specific
For his alleged human rights abuses and corrupt practices, public purpose indicated until otherwise provided by law or
the Court may disregard Marcos as a President and Not being a military person who may be prosecuted before proclamation. At present, there is no law or executive
Commander-in-Chief, but the Court cannot deny him the the court martial, the President can hardly be deemed issuance specifically excluding the land in which the
right to be acknowledged based on the other positions he "dishonorably separated/reverted/discharged from the LNMB is located from the use it was originally intended by
held or the awards he received. In this sense, the Court service" as contemplated by AFP Regulations G-161-375. the past Presidents. The allotment of a cemetery plot at the
agreed with the proposition that Marcos should be viewed Dishonorable discharge through a successful revolution is LNMB for Marcos as a former President and Commander-
and judged in his totality as a person. While he was not all an extra-constitutional and direct sovereign act of the in-Chief, a legislator, a Secretary of National Defense,
good, he was not pure evil either. Certainly, just a human people which is beyond the ambit of judicial review, let military personnel, a veteran, and a Medal of Valor
who erred like us. alone a mere administrative regulation. It is undeniable that awardee, whether recognizing his contributions or simply
former President Marcos was forced out of office by the his status as such, satisfies the public use requirement.
Aside from being eligible for burial at the LNMB, Marcos people through the so-called EDSA Revolution. Said
possessed none of the disqualifications stated in AFP political act of the people should not be automatically given Presumption of regularity in the performance of official
Regulations G-161-375. He was neither convicted by final a particular legal meaning other than its obvious duty prevails over Ocampo, et al.'s highly disputed factual
judgment of the offense involving moral turpitude nor consequence - that of ousting him as president. To do allegation that, in the guise of exercising a presidential
dishonorably separated/reverted/discharged from active otherwise would lead the Court to the treacherous and prerogative, the Chief Executive is actually motivated by
military service. Despite ostensibly persuasive arguments perilous path of having to make choices from multifarious utang na loob (debt of gratitude) and bayad utang (payback)
as to gross human rights violations, massive graft and inferences or theories arising from the various acts of the to the Marcoses.
corruption, and dubious military records, the 1986 popular people.
uprising as a clear sign of Marcos’ discharge from the AFP, Conclusion
the fact remains that Marcos was not convicted by final The presidential power of control over the Executive
judgment of any offense involving moral turpitude. The Branch of Government is a self-executing provision of the In sum, there is no clear constitutional or legal basis to hold
various cases cited by Ocampo, et al., which were decided Constitution and does not require statutory implementation, that there was a grave abuse of discretion amounting to lack
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or excess of jurisdiction which would justify the Court to refers to any action initiated by a citizen for the purpose of must be based only on facts or information known by or
interpose its authority to check and override an act questioning the sufficiency of the factual basis of the available to the President at the time he made the
entrusted to the judgment of another branch. Truly, the exercise of the Chief Executive’s emergency powers, as in declaration or suspension which facts or information are
President's discretion is not totally unfettered. "Discretion is these cases. It could be denominated as a complaint, a found in the proclamation as well as the written Report
not a free-spirited stallion that runs and roams wherever it petition, or a matter to be resolved by the Court. submitted by him to Congress. These may be based on the
pleases but is reined in to keep it from straying. In its situation existing at the time the declaration was made or
classic formulation, 'discretion is not unconfined and 2. a.) In determining the sufficiency of the factual basis of past events. As to how far the past events should be from
vagrant' but 'canalized within banks that keep it from the declaration and/or the suspension, the Court should look the present depends on the President.
overflowing."' At bar, President Duterte, through Enriquez, into the full complement or totality of the factual basis, and
et al., acted within the bounds of the law and jurisprudence. not piecemeal or individually. Neither should the Court 3. The power of the Court to review the sufficiency of the
Notwithstanding the call of human rights advocates, the expect absolute correctness of the facts stated in the factual basis of the proclamation of martial law or the
Court must uphold what is legal and just. And that is not to proclamation and in the written Report as the President suspension of the privilege of the writ of habeas corpus
deny Marcos of his rightful place at the LNMB. For even could not be expected to verify the accuracy and veracity of under Section 18, Article VII of the 1987 Constitution is
the framers of our Constitution intend that full respect for all facts reported to him due to the urgency of the situation. independent of the actions taken by Congress.
human rights is available at any stage of a person's To require him otherwise would impede the process of his
development, from the time he or she becomes a person to decision-making. The Court may strike down the presidential proclamation in
the time he or she leaves this earth. an appropriate proceeding filed by any citizen on the
b.) The recommendation of the Defense Secretary is not a ground of lack sufficient factual basis. On the other hand,
There are certain things that are better left for history - not condition for the declaration of martial law or suspension of Congress may revoke the proclamation or suspension,
this Court - to adjudge. The Court could only do so much in the privilege of the writ of habeas corpus. A plain reading which revocation shall not be set aside by the President.
accordance with the clearly established rules and principles. of Section 18, Article VII of the Constitution shows that the The power to review by the Court and the power to revoke
Beyond that, it is ultimately for the people themselves, as President’s power to declare martial law is not subject to by Congress are not only totally different but likewise
the sovereign, to decide, a task that may require the better any condition except for the requirements of actual independent from each other although concededly, they
perspective that the passage of time provides. In the invasion or rebellion and that public safety requires it. have the same trajectory, which is, the nullification of the
meantime, the country must move on and let this issue rest. Besides, it would be contrary to common sense if the presidential proclamation.
decision of the President is made dependent on the
recommendation of his mere alter ego. Only on the 4. The parameters for determining the sufficiency of factual
President can exercise of the powers of the Commander-in- basis are as follows: l) actual rebellion or invasion; 2)
j. Rep. Edcel Lagman, et al. v. Executive Secretary Chief. public safety requires it; the first two requirements must
Medialdea, G.R. No. 231658, July 4, 2017 concur; and 3) there is probable cause for the President to
c.) As Commander-in-Chief, the President has the sole believe that there is actual rebellion or invasion.
1. The Court agrees that the jurisdiction of this Court under discretion to declare martial law and/or to suspend the
the third paragraph of Section 18, Article VII is sui generis. privilege of the writ of habeas corpus, subject to the The President needs only to satisfy probable cause as the
It is a special and specific jurisdiction of the Supreme Court revocation of Congress and the review of this Court. Since standard of proof in determining the existence of either
different from those enumerated in Sections 1 and 5 of the exercise of these powers is a judgment call of the invasion or rebellion for purposes of declaring martial law,
Article VIII. The phrase “in an appropriate proceeding” President, the determination of this Court as to whether and that probable cause is the most reasonable, most
appearing on the third paragraph of Section 18, Article VII there is sufficient factual basis for the exercise of such, practical and most expedient standard by which the
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President can fully ascertain the existence or non-existence as trespassing into the sphere that is reserved exclusively not only against government forces or establishment but
of rebellion necessary for a declaration of martial law or for Congress in the exercise of its power to revoke. likewise against civilians and their properties. There were
suspension of the writ. To require him to satisfy a higher bomb threats, road blockades, burning of schools and
standard of proof would restrict the exercise of his 7. There is sufficient factual basis for the declaration of churches, hostages and killings of civilians, forced entry of
emergency powers. martial law and the suspension of the writ of habeas corpus. young male Muslims to the group, there were hampering of
By a review of the facts available to him that there was an medical services and delivery of basic services,
5. The judicial power to review the sufficiency of factual armed public uprising, the culpable purpose of which was reinforcement of government troops, among others. These
basis of the declaration of martial law or the suspension of to remove from the allegiance to the Philippine particular scenarios convinced the President that the
the privilege of the writ of habeas corpus does not extend to Government a portion of its territory and to deprive the atrocities had already escalated to a level that risked public
the calibration of the President’s decision of which among Chief Executive of any of his power and prerogatives, safety and thus impelled him to declare martial law and
his graduated powers he will avail of in a given situation. leading the President to believe that there was probable suspend the privilege of the writ of habeas corpus.
To do so would be tantamount to an incursion into the cause that the crime of rebellion was and is being
exclusive domain of the Executive and an infringement on committed and that public safety requires the imposition of 9. a.) The calling out power is in a different category from
the prerogative that solely, at least initially, lies with the martial law and suspension of the privilege of the writ of the power to declare martial law and the power to suspend
President. habeas corpus. the privilege of the writ of habeas corpus; nullification of
Proclamation No. 216 will not affect Proclamation No. 55.
6. a.) Inclusion of “other rebel groups ” does not make After all, what the President needs to satisfy is only the
Proclamation No. 216 vague. The term “other rebel groups” standard of probable cause for a valid declaration of martial The President may exercise the power to call out the Armed
in Proclamation No. 216 is not at all vague when viewed in law and suspension of the privilege of the writ of habeas Forces independently of the power to suspend the privilege
the context of the words that accompany it. Verily, the text corpus. of the writ of habeas corpus and to declare martial law.
of Proclamation No. 216 refers to “other rebel groups” Even so, the Court’s review of the President’s declaration
found in Proclamation No. 55, which it cited by way of 8. Terrorism neither negates nor absorbs rebellion. of martial law and his calling out the Armed Forces
reference in its Whereas clauses. Rebellion may be subsumed under the crime of terrorism, necessarily entails separate proceedings instituted for that
which has a broader scope covering a wide range of particular purpose.
b.) Lack of guidelines/operational parameters does not predicate crimes. In fact, rebellion is only one of the
make Proclamation No. 216 vague. Operational guidelines various means by which terrorism can be committed. b.) Neither would the nullification of Proclamation No. 216
will serve only as mere tools for the implementation of the result in the nullification of the acts of the President done
proclamation. Meanwhile, public safety requires the declaration of martial pursuant thereto. Under the operative fact doctrine,” the
law and the suspension of the privilege of the writ of unconstitutional statute is recognized as an “operative fact”
There is no need for the Court to determine the habeas corpus in the whole of Mindanao. For a declaration before it is declared unconstitutional.
constitutionality of the implementing and/or operational of martial law or suspension of the privilege of the writ of
guidelines, general orders, arrest orders and other orders habeas corpus to be valid, there must be concurrence of 1.) Verily, the Court upholds the validity of the declaration of
issued after the proclamation for being irrelevant to its actual rebellion or invasion and 2.) the public safety martial law and suspension of the privilege of the writ of
review. Any act committed under the said orders in requirement. habeas corpus in the entire Mindanao region. The Court
violation of the Constitution and the laws should be FINDS sufficient factual bases for the issuance of
resolved in a separate proceeding. Finally, there is a risk In his report, the President noted that the acts of violence Proclamation No. 216 and DECLARES it as
that if the Court wades into these areas, it would be deemed perpetrated by the ASG and the Maute Group were directed
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 CONSTITUTIONAL. Accordingly, the consolidated were such legal duty, the determination of whether the City composed of a Presiding Justice and 20 Associate Justices
Petitions are hereby DISMISSED. of Manila failed to abide by this legal duty would involve divided into seven divisions, with three members each. The
factual matters which have not been admitted or established numerical order of the seniority or order of preference of
II. REQUISITES FOR JUDICIAL REVIEW in this case. Establishing factual matters is not within the the 20 Associate Justices is determined pursuant to law by
realm of this Court. Findings of fact are the province of the the date and order of their commission or appointment by
a. Knights of Rizal v. DMCI Homes, Inc., G.R. No. trial courts. the President.
213948, April 25, 2017
b. Hon. Philip Aguinaldo v. President Aquino, G.R. No. This is clear under Section 1, paragraph 3 of Presidential
The question of constitutionality of a governmental action 224302, November 29, 2016 Decree No. 1606, which reads:Sec. 1. Sandiganbayan;
is raised, the judicial power that the courts exercise is composition; qualifications; tenure; removal and
likewise identified as the power of judicial review– the The JBC was created under the 1987 Constitution with the compensation. - x x xx x x xThe Presiding Justice shall be
power to review the constitutionality of the actions of other principal function of recommending appointees to the so designated in his commission and the other Justices shall
branches of government. As a rule, as required by the Judiciary. It is a body, representative of all the stakeholders have precedence according to the dates of their respective
hierarchy of courts principle, these cases are filed with the in the judicial appointment process, intended to rid the commissions, or, when the commissions of two or more of
lowest court with jurisdiction over the subject matter. The process of appointments to the Judiciary of the evils of them shall bear the same date, according to the order in
judicial review that the courts undertake requires: political pressure and partisan activities. which their commissions have been issued by the President.
1) there be an actual case or controversy calling for the
exercise of judicial power; Consistent with the foregoing, Rule II, Section 1(b) of the
It is apparent from the CONCOM deliberations that
2) the person challenging the act must have “standing” to nomination by the JBC shall be a qualification for Revised Internal Rules of the Sandiganbayan similarly
challenge; he must have a personal and substantial interest appointment to the Judiciary, but this only means that the provides:Sec. 1. Composition of the Court and Rule on
in the case such that he has sustained, or will sustain, direct President cannot appoint an individual who is not Precedence.-x x x x(b) Rule on Precedence - The Presiding
injury as a result of its enforcement; nominated by the JBC. Justice shall enjoy precedence over the other members of
3) the question of constitutionality must be raised at the the Sandiganbayan in all official functions. The Associate
earliest possible opportunity; and Justices shall have precedence according to the order of
4) the issue of constitutionality must be the very lis mota of It should be stressed that the power to recommend of the
their appointments.
the case. JBC cannot be used to restrict or limit the President's power
to appoint as the latter's prerogative to choose someone
whom he/she considers worth appointing to the vacancy in Apropos herein is the following ruling of the Court in Re:
The lower court’s decision under the constitutional scheme the Judiciary is still paramount. As long as in the end, the Seniority Among the Four (4) Most Recent Appointments
reaches the Supreme Court through the appeal process, President appoints someone nominated by the JBC, the to the Position of Associate Justices of the Court of
through a petition for review on certiorari under Rule 45 of appointment is valid. Appeals,[50] which involved the Court of Appeals, another
the Rules of Court. In the present case, the KOR elevated collegiate court:
this case immediately to this Court in an original petition
for injunction which we later on treated as one for Moreover, in the case at bar, there were six simultaneous
mandamus under Rule 65. There is, however, no clear legal vacancies for the position of Sandiganbayan Associate In other words, the earlier the date of the commission of an
duty on the City of Manila to consider the provisions of Justice, and the JBC cannot, by clustering of the nominees, appointee, the more senior he/she is over the other
Ordinance No. 8119 for applications for permits to build designate a numerical order of seniority of the prospective subsequent appointees. It is only when the appointments of
outside the protected areas of the Rizal Park. Even if there appointees. The Sandiganbayan, a collegiate court, is two or more appointees bear the same date that the order of
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issuance of the appointments by the President becomes appointment, as well as restricts the chances for There is no explanation for the shift in practice by the JBC,
material. appointment of the qualified nominees, because (1) the which impaired the power of the President to appoint under
President's option for every vacancy is limited to the five to the 1987 Constitution and his statutory authority to
Evidently, based on law, rules, and jurisprudence, the seven nominees in the cluster; and (2) once the President determine seniority in a collegiate court. The clustering by
numerical order of the Sandiganbayan Associate Justices has appointed from one cluster, then he is proscribed from the JBC of the qualified nominees for the six vacancies for
cannot be determined until their actual appointment by the considering the other nominees in the same cluster for the Sandiganbayan Associate Justice appears to have been done
President. other vacancies. The said limitations are utterly without arbitrarily, there being no clear basis, standards, or
legal basis and in contravention of the President's guidelines for the same. The number of nominees was not
appointing power. even equally distributed among the clusters.In view of the
It bears to point out that part of the President's power to foregoing, President Aquino validly exercised his
appoint members of a collegiate court, such as the discretionary power to appoint members of the Judiciary
Sandiganbayan, is the power to determine the seniority or Additionally, in 1995, when Republic Act No. 7975
increased the divisions in the Sandiganbayan from three to when he disregarded the clustering of nominees into six
order of preference of such newly appointed members by separate shortlists for the vacancies for the 16th, 17th, 18th,
controlling the date and order of issuance of said members' five, which similarly created six simultaneous vacant
positions of Sandiganbayan Associate Justice, the JBC, 19th, 20th and 21st Sandiganbayan Associate Justices.
appointment or commission papers.
with then Supreme Court Chief Justice Andres R. Narvasa
as Chairman, submitted a single list of nominees from President Aquino merely maintained the well-established
There is also a legal ground why the simultaneous vacant which former President Fidel V. Ramos subsequently chose practice, consistent with the paramount Presidential
positions of Sandiganbayan Associate Justice should not his six appointees. constitutional prerogative, to appoint the six new
each be assigned a specific number by the JBC. The Sandiganbayan Associate Justices from the 37 qualified
Sandiganbayan Associate Justice positions were created nominees, as if embodied in one JBC list.
without any distinction as to rank in seniority or order of nce more, on November 23, 2009, the JBC, then headed by
preference in the collegiate court. The President appoints Supreme Court Chief Justice Reynato S. Puno (Puno),
his choice nominee to the post of Sandiganbayan Associate submitted to former President Gloria Macapagal-Arroyo The ruling of the Court in this case shall similarly apply to
Justice, but not to a Sandiganbayan Associate Justice (Macapagal-Arroyo) a single list of nominees for two the situation wherein there are closely successive vacancies
position with an identified rank, which is automatically vacant positions of Supreme Court Associate Justice, from in a collegiate court, to which the President shall make
determined by the order of issuance of appointment by the which President Macapagal-Arroyo ultimately appointed appointments on the same occasion, regardless of whether
President. The appointment does not specifically pertain to Associate Justices Jose P. Perez and Jose C. Mendoza. the JBC carried out combined or separate application
the 16th, 17th, 18th, 19th, 20th, or 21st Sandiganbayan process/es for the vacancies. The President is not bound by
Associate Justice, because the Sandiganbayan Associate And, as mentioned by the OSG, the JBC, during the the clustering of nominees by the JBC and may consider as
Justice's ranking is temporary and changes every time a Chairmanship of Supreme Court Chief Justice Renato C. one the separate shortlists of nominees concurrently
vacancy occurs in said collegiate court. Corona, submitted to President Aquino on June 21, 2011 submitted by the JBC.
just one list of nominees for two vacant positions of
Furthermore, the JBC, in sorting the qualified nominees Supreme Court Associate Justice, from which President Article VIII, Section 8 of the 1987 Constitution gives the
into six clusters, one for every vacancy, could influence the Aquino eventually appointed Associate Justices Bienvenido JBC the principal function of "recommending appointees to
appointment process beyond its constitutional mandate of L. Reyes and Estela M. Perlas-Bernabe. the Judiciary," but it also explicitly states that the JBC shall
recommending qualified nominees to the President. be "under the supervision of the Court" and that "[i]t may
Clustering impinges upon the President's power of
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exercise such other functions and duties as the Supreme The Court had recognized that "[s]upervision is not a of the petition. Courts generally decline jurisdiction over
Court may assign to it." meaningless thing. It is an active power. It is certainly not such case or dismiss it on the ground of mootness. This is
without limitation, but it at least implies authority to inquire because the judgment will not serve any useful purpose or
The Court also provided the following definition of into facts and conditions in order to render the power real have any practical legal effect because, in the nature of
supervision in the Jardeleza Decision[59]:As a meaningful and effective." things, it cannot be enforced.
guidepost, jurisprudence provides the definition and scope
of supervision. It is the power of oversight, or the authority c. Southern Hemisphere Engagement Network, Inc. v. e. Mendoza v. Familara, G.R. No. 191017, 15 November
to see that subordinate officers perform their duties. It Anti-Terrorism Council, G.R. No. 178552, 5 October 2011
ensures that the laws and the rules governing the conduct of 2010
a government entity are observed and complied with. Barangay elections; three-consecutive term limit rule.
Supervising officials see to it that rules are followed, but Judicial review is proper to determine whether a statute or Mendoza was a candidate for Barangay Captain of
they themselves do not lay down such rules, nor do they acts suffers from the defect of vagueness. It is so when it Barangay Balatasan, Oriental Mindoro, in the 29 October
have the discretion to modify or replace them. If the rules lacks comprehensible standards that men of common 2007 Barangay Elections. Prior thereto, Mendoza had been
are not observed, they may order the work done or redone, intelligence must necessarily guess at its meaning and elected as Barangay Captain of Barangay Balatasan for
but only to conform to such rules. They may not prescribe differ as to its application. A “facial” challenge is likewise three consecutive terms, on 9 May 1994, 12 May 1997 and
their own manner of execution of the act. They have no different from an “as applied” challenge. “Facial” challenge 15 July 2002. On 26 October 2007, respondent Senen C.
discretion on this matter except to see to it that the rules are is an examination of the entire law, pinpointing its flaws Familara (Familara) filed a Petition to Disqualify Mendoza
followed. and defects, not only on the basis of its actual operation to averring that Mendoza, under Section 2 of RA No. 9164, is
the parties, but also on the assumption or prediction that its ineligible to run again for Barangay Captain of Barangay
very existence may cause others not before the court to Balatasan, having been elected and having served in the
"Supervision" is differentiated from "control,"
refrain from constitutionally protected speech or activities. same position for three consecutive terms immediately
thus:Supervisory power, when contrasted with control, is
Under no case may ordinary penal statutes be subjected to a prior to the 2007 Barangay Elections. When the case was
the power of mere oversight over an inferior body; it does
facial challenge. If facial challenge to a penal statute is brought to the Supreme Court, one of the issues Mendoza
not include any restraining authority over such body.
permitted, the prosecution of crimes may be hampered. No raised was the constitutionality of the retroactive
Officers in control lay down the rules in the doing of an act.
prosecution would be possible. application to the 1994 Barangay Elections of the three-
If they are not followed, it is discretionary on his part to
consecutive term limit rule. The Supreme Court held that
order the act undone or re-done by his subordinate or he
d. Penafrancia Sugar Mills v. Sugar Regulatory the issue has already been settled in the case of COMELEC
may even decide to do it himself. Supervision does not
Administration, G.R. No. 208660, 5 March 2014 v. Cruz. The Court reiterated that no retroactive application
cover such authority. Supervising officers merely sees to it
was made because the three-term limit has been there all
that the rules are followed, but he himself does not lay
along as early as the second barangay law (RA No. 6679)
down such rules, nor does he have the discretion to modify Judicial review will not be used by the Court when the case
after the 1987 Constitution took effect; it was continued
or replace them. If the rules are not observed, he may order or the issue is already moot and academic. A case or issue
under the Local Government Code and can still be found in
the work done or re-done to conform to the prescribed is considered moot and academic when it ceases to present
the current law.
rules. He cannot prescribe his own manner for the doing of a justiciable controversy by virtue of supervening events, so
the act.[60] (Citations omitted.) that an adjudication of the case or a declaration on the issue
f. Kilosbayan v. Morato, G.R. No. 118910, 17 July 1995
would be of no practical value or use. In such instance,
there is no actual substantial relief which a petitioner would
be entitled to, and which would be negated by the dismissal
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1. REMEDIAL LAW; ACTIONS; "LAW OF THE CASE"; parties before in G.R. No. 113375, the ruling there cannot legal context or otherwise to avoid inequitable
DOCTRINE APPLICABLE ONLY WHEN A CASE IS in any sense be regarded as "the law of this case." The administration of the laws.
BEFORE A COURT A SECOND TIME AFTER A parties are the same but the cases are not.
RULING BY AN APPELLATE COURT. — Petitioners 8. ID.; ID.; ID.; ID.; QUESTION WHETHER
argue that inquiry into their right to bring this suit is barred 5. ID.;ID.;RULE ON CONCLUSIVENESS OF PETITIONERS HAVE STANDING TO QUESTION THE
by the doctrine of "law of the case." We do not think this JUDGMENT OR PRECLUSION OF ISSUES; EQUIPMENT LEASE AGREEMENT (ELA), A LEGAL
doctrine is applicable considering the fact that while this DOCTRINE CONSTRUED. — Nor is inquiry into QUESTION. — The question whether petitioners have
case is a sequel to G.R. No. 113375, it is not its petitioners' right to maintain this suit foreclosed by the standing to question the Equipment Lease Agreement or
continuation. The doctrine applies only when a case is related doctrine of "conclusiveness of judgment." ELA is a legal question. As will presently be shown, the
before a court a second time after a ruling by an appellate According to the doctrine, an issue actually and directly ELA, which petitioners seek to declare invalid in this
court. passed upon and determined in a former suit cannot again proceeding, is essentially different from the 1993 Contract
be drawn in question in any future action between the same of Lease entered into by the PCSO with the PGMC. Hence
2. ID.;ID.;ID.;DEFINITION. — "Law of the case" has been parties involving a different cause of action. (Peñalosa v. the determination in the prior case (G.R. No. 113375) that
defined as the opinion delivered on a former appeal. More Tuason,22 Phil. 303, 313 [1912];Heirs of Roxas v. petitioners had standing to challenge the validity of the
specifically, it means that whatever is once irrevocably Galido,108 Phil. 582 [1960]) 1993 Contract of Lease of the parties does not preclude
established as the controlling legal rule of decision between determination of their standing in the present suit.
the same parties in the same case continues to be the law of 6. ID.;ID.;ID.;DOCTRINE DOES NOT APPLY TO
the case, whether correct on general principles or not, so ISSUES OF LAW. — It has been held that the rule on 9. ID.;ID.;RULE ON STANDING AND REAL PARTY-
long as the facts on which such decision was predicated conclusiveness of judgment or preclusion of issues or IN-INTEREST, DIFFERENTIATED. — The difference
continue to be the facts of the case before the court. collateral estoppel does not apply to issues of law, at least between the rule on standing and real party-in-interest has
when substantially unrelated claims are involved. (Montana been noted by authorities thus: "It is important to note
3. ID.;ID.;"LAW OF THE CASE" DIFFERENTIATED v. United States,440 U.S. 147, 162, 59 L. Ed. 2d 210, 222 ...that standing because of its constitutional and public
FROM RES JUDICATA.— As this Court explained in [1979];BATOR MELTZER, MISHKIN AND SHAPIRO, policy underpinnings, is very different from questions
another case, "The law of the case, as applied to a former THE FEDERAL COURTS AND THE FEDERAL relating to whether a particular plaintiff is the real party-in-
decision of an appellate court, merely expresses the practice SYSTEM 1058, n. 2 [3rd Ed.,1988]) interest or has capacity to sue. Although all three
of the courts in refusing to reopen what has been decided. It requirements are directed towards ensuring that only certain
differs from res judicata in that the conclusiveness of the 7. ID.;ID.;ID.;ID. — This exception to the General Rule of parties can maintain an action, standing restrictions require
first judgment is not dependent upon its finality. The first Issue Preclusion is authoritatively formulated in a partial consideration of the merits, as well as broader
judgment is generally, if not universally, not final. It relates Restatement of the Law 2d, on Judgments, as follows: Sec. policy concerns relating to the proper role of the judiciary
entirely to questions of law, and is confined in its operation 28. Although an issue is actually litigated and determined in certain areas. (FRIEDENTHAL, KANE AND MILLER,
to subsequent proceedings in the same case." (Municipality by a valid and final judgment, and the determination is CIVIL PROCEDURE 328 [1985]) Standing is a special
of Daet v. Court of Appeals,93 SCRA 503, 521 [1979]) essential to the judgment, relitigation of the issue in a concern in constitutional law because in some cases suits
subsequent action between the parties is not precluded in are brought not by parties who have been personally injured
4. ID.; ID.; "LAW OF THE CASE"; DOCTRINE WILL the following circumstances: ...(2) The issue is one of law by the operation of a law or by official action taken, but by
NOT APPLY WHERE THE PARTIES ARE THE SAME and (a) the two actions involve claims that are substantially concerned citizens, taxpayers or voters who actually sue in
BUT THE CASES ARE DIFFERENT. — It follows that unrelated, or (b) a new determination is warranted in order the public interest. Hence the question in standing is
since the present case is not the same one litigated by the to take account of an intervening change in the applicable whether such parties have "alleged such a personal stake in
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the outcome of the controversy as to assure that concrete him." (1 MORAN, COMMENTS ON THE RULES OF PGMC is thus assured of payment of the rental. The PCSO
adverseness which sharpens the presentation of issues upon COURT 154-155 [1979]) now bears all losses because the operation of the system is
which the court so largely depends for illumination of completely in its hands. This feature of the new contract
difficult constitutional questions." (Baker v. Carr,369 U.S. 12. ID.; ID.; ID.; PARTIES WITHOUT PRESENT negates any doubt that it is anything but a lease agreement.
7 L. Ed. 2d 633 [1962]) On the other hand, the question as SUBSTANTIAL INTEREST IN THE EQUIPMENT In this case the rental has to be expressed in terms of
to "real party-in-interest" is whether he is "the party who LEASE AGREEMENT, NOT ENTITLED TO BRING percentage of the revenue of the PCSO because rentals are
would be benefited or injured by the judgment, or the 'party SUIT FOR ANNULMENT; CASE AT BAR. — But treated in the charter of the agency (R.A. No. 1169, Sec.
entitled to the avails of the suit.'" (Salonga v. Warner petitioners do not have such present substantial interest in 6[C]) as "operating expenses" and the allotment for
Barnes & Co.,Ltd.,88 Phil 125, 131 [1951]) the ELA as would entitle them to bring this suit. Denying to "operating expenses" is a percentage of the net receipts. We
them the right to intervene will not leave without remedy hold that the ELA is a lease contract and that it contains
10. ID.;ID.;REAL PARTIES-IN-INTEREST IN any perceived illegality in the execution of government none of the features of the former contract which were
ANNULMENT OF CONTRACTS ARE PARTIES TO contracts. Questions as to the nature or validity of public considered "badges of a joint venture agreement" To further
THE AGREEMENT. — In actions for the annulment of contracts or the necessity for a public bidding before they find fault with the new contract would be to cavil and
contracts, such as this action, the real parties are those who may be made can be raised in an appropriate case before expose the opposition to the contract to be actually an
are parties to the agreement or are bound either principally the Commission on Audit or before the Ombudsman. The opposition to lottery under any and all circumstances. But
or subsidiarily or are prejudiced in their rights with respect Constitution requires that the Ombudsman and his deputies, "[t]he morality of gambling is not a justiciable issue.
to one of the contracting parties and can show the detriment "as protectors of the people shall act promptly on Gambling is not illegal per se...It is left to Congress to deal
which would positively result to them from the contract complaints filed in any form or manner against public with the activity as it sees fit." (Magtajas v. Pryce
even though they did not intervene in it (Ibañez v. officials or employees of the government, or any Properties Corp. Inc.,234 SCRA 255, 268 [1994].Cf. Lim v.
Hongkong & Shanghai Bank,22 Phil. 572 [1912]),or who subdivision, agency or instrumentality thereof including Pacquing,G.R. No. 115044, Jan. 27, 1995) In the case of
claim a right to take part in a public bidding but have been government-owned or controlled corporations." (Art. XI, lottery, there is no dispute that, to enable the Philippine
illegally excluded from it. (See De la Lara Co.,Inc. v. 12) In addition, the Solicitor General is authorized to bring Charity Sweepstakes Office to raise funds for charity,
Secretary of Public Works and Communications,G.R. No. an action for quo warranto if it should be thought that a Congress authorized the Philippine Charity Sweepstakes
L-13460, Nov. 28, [1958]) government corporation, like the PCSO, has offended Office (PCSO) to hold or conduct lotteries under certain
against its corporate charter or misused its franchise. (Rule conditions.
11. ID.;ID..ID.;PARTIES WITH PRESENT 66, Sec. 2 [a] [d] For reasons set for, we hold that petitioner
SUBSTANTIAL INTEREST; "PRESENT have no cause against respondents and therefore their 14. REMEDIAL LAW; COURTS; WILL GENERALLY
SUBSTANTIAL INTEREST," CONSTRUED. — These petition should be dismissed. NOT INTERFERE WITH MATTERS OF BUSINESS
are parties with "a present substantial interest, as JUDGMENT. — Petitioners reply that to obviate the
distinguished from a mere expectancy or future, contingent, 13. CIVIL LAW; OBLIGATIONS AND CONTRACTS; possibility that the rental would not exceed 15% of the net
subordinate, or consequential interest. The phrase 'present EQUIPMENT LEASE AGREEMENT, A LEASE receipts what the respondents should have done was not to
substantial interest' more concretely is meant such interest CONTRACT. — The features of the old Contract of Lease agree on a minimum fixed rental of P35,000.00 per
of a party in the subject matter of action as will entitle him, have been removed in the present ELA. While the rent is terminal in commercial operation. This is a matter of
under the substantive law, to recover if the evidence is still expressed in terms of percentage (it is now 4.3% of the business judgment which, in the absence of a clear and
sufficient, or that he has the legal title to demand and the gross receipts from the sale of tickets) in the ELA, the convincing showing that it was made in grave abuse of
defendant will be protected in a payment to or recovery by PGMC is now guaranteed a minimum rent of P35,000.00 a discretion of the PCSO, this Court is not inclined to review.
year per terminal in commercial operation. (Par. 2) The
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15. ID.;EVIDENCE; PRESUMPTIONS; GOVERNMENT PROHIBITED FROM HOLDING OR CONDUCTING negated by what is prohibited by par. (B).To harmonize
IS PRESUMED TO HAVE ACTED IN GOOD FAITH IN LOTTERY "IN COLLABORATION, ASSOCIATION OR pars. (A) and (B),the latter must be read as referring to the
TAKING CONTRACTS; CASE AT BAR. — By virtue of JOINT VENTURE" WITH ANOTHER PARTY; authority of the PCSO to invest in the business of others.
the provision on upgrading of equipment, petitioners claim, PROHIBITION REFERS TO INVESTMENT IN Put in another way, the prohibition in 1(B) is not so much
the parties can change their entire agreement and thereby, BUSINESS ENGAGED IN LOTTERIES AND SIMILAR against the PCSO entering into any collaboration,
by "clever means and devices," enable the PGMC to ACTIVITIES. — The charter of the PCSO does not association or joint venture with others as against the PCSO
"actually operate, manage, control and supervise the absolutely prohibit it from holding or conducting lottery "in investing in the business of another franchise holder which
conduct and holding of the on-line lottery system," collaboration, association or joint venture" with another would directly compete with PCSO's own charity
considering that as found in the first decision, "the PCSO party. What the PCSO is prohibited from doing is to invest sweepstakes races, lotteries or similar activities. The
had neither funds of its own nor the expertise to operate and in a business engaged in sweepstakes races, lotteries and prohibition applies whether the PCSO makes the
manage an on-line lottery." The claim is speculative. It is similar activities, and it is prohibited from doing so whether investment alone or with others.
just as possible to speculate that after sometime operating in "collaboration, association or joint venture" with others
the lottery system the PCSO will be able to accumulate or "by itself." The reason for this is that these are 18. ID.; ID.; MAY ENTER INTO EQUIPMENT LEASE
enough capital to enable it to buy its own equipment and competing activities and the PCSO should not invest in the CONTRACT WITHOUT PUBLIC BIDDING. — Finally
gain expertise. As for expertise, after three months of business of a competitor. When parsed, it will be seen that the question is whether the ELA is subject to public
operation of the on-line lottery, there appears to be no 1 grants the PCSO authority to do any of the following: (1) bidding. In justifying the award of the contract to the
complaint that the PCSO is relying on others, outside its to hold or conduct charity sweepstakes races, lotteries and PGMC without public bidding, the PCSO invokes E.O. No.
own personnel, to run the system. In any case as in the similar activities; and/or (2) to invest whether "by itself or 301. E.O. No. 301, Sec. 1 applies only to contracts for the
construction of statutes, the presumption is that in making in collaboration, association or joint venture with any purchase of supplies, materials and equipment. It does not
contracts the government has acted in good faith. The person, association, company entity" in any "health and refer to contracts of lease of equipment like the ELA. The
doctrine that the possibility of abuse is not a reason for welfare-related investments, programs, projects and provisions on lease are found in Secs. 6 and 7 but they refer
denying power to the government holds true also in cases activities which may be profit oriented," except "the to the lease of privately-owned buildings or spaces for
involving the validity of contracts made by it. activities mentioned in the preceding paragraph (A)," government use or of government-owned buildings or
i.e.,sweepstakes races, lotteries and similar activities. The spaces for private use, and these provisions do not require
16. CIVIL LAW; OBLIGATIONS AND CONTRACTS; PCSO is prohibited from investing activities mentioned in public bidding. It is thus difficult to see how E.O. No. 301
LEASE CONTRACTS, DEFINED. — A contract of lease, the preceding paragraph (A)" because, as already stated, can be applied to the ELA when the only feature of the
as this is defined in Civil law, may call for some form of these are competing activities. The subject matter of 1(B) is ELA that may be thought of as close to a contract of
collaboration or association between the parties since lease the authority of the PCSO to invest in certain projects for purchase and sale is the option to buy given to the PCSO.
is a "consensual, bilateral, onerous and commutative profit in order to enable it to expand its health medical An option to buy is not of course a contract of purchase and
contract by which one person binds himself to grant assistance and charitable grants. The exception in the law sale.
temporarily the use of a thing or the rendering of some refers to investment in businesses engaged in sweepstakes
service to another who undertakes to pay some rent, races, lotteries and similar activities. The limitation applies PADILLA, J.,concurring opinion:
compensation or price." (5 PADILLA, CIVIL CODE 611 not only when the investment is undertaken by the PCSO
[6TH Ed 1974]). "in collaboration, association or joint venture" but also 1. REMEDIAL LAW; SUPREME COURT; DUTY TO
when made by the PCSO alone, "by itself." The prohibition APPLY THE LAW IRRESPECTIVE OF PERSONAL
17. ADMINISTRATIVE LAW; PHILIPPINE CHARITY can not apply to the holding of a lottery by the PCSO itself. CONVICTION OF MEMBER. — It is the duty of the
SWEEPSTAKES OFFICE (RA 1169); NOT Otherwise, what it is authorize to do in par. (A) would be Supreme Court to apply the laws enacted by Congress and
Page | 81
approved by the President, (unless they are violative of the institutions and government civic projects, because an basically, a policy-determination by the executive branch
Constitution) even if such laws run counter to a Member's outright purchase by PCSO of the lottery equipment which this Court should not ordinarily reverse or substitute
personal conviction that gambling should be totally appears next to impossible or at least not feasible costwise with its own judgment, in keeping with the time honored
prohibited by law. considering the capital equipment involved. In enacting the doctrine of separation of powers.
law creating the PCSO, Congress, to be sure, did not intend
2. CIVIL LAW; OBLIGATIONS AND CONTRACTS; to make it impossible for PCSO to attain its given purposes. FELICIANO, J.,dissenting opinion:
LEASE, DEFINED. — A lease is a contract whereby one A rigid interpretation of the restriction on "association,
of the parties binds himself to give to another the collaboration, and joint venture" will result in such 1. ADMINISTRATIVE LAW; PHILIPPINE CHARITY
enjoyment or use of a thing for a price certain and for a impossibility. Neither can petitioners' argument that certain SWEEPSTAKES OFFICE; PROHIBITION AGAINST
period which may be definite or indefinite (Article 1643, provisions in the ELA will ensure PGMC's continued HOLDING OR CONDUCTING LOTTERY IN
Civil Code). participation and interest in the lottery operations provide COLLABORATION, ASSOCIATION OR JOINT
enough grounds for granting the petition in this case. Such VENTURE WITH ANOTHER PARTY; VIEW
3. ID.;ID.;ID.;LESSOR OF EQUIPMENT, FREE TO arguments are based on speculations devoid of any material EXPRESSED BY THE INDIVIDUAL LEGISLATOR
DEMAND AMOUNT OF RENTALS. — It would appear or concrete factual basis. In sum, the ELA constitutes, in WHO CRAFTED QUESTIONED PROVISION SHOULD
from the above legal provision that the ELA is truly a my view, a straight lease agreement of equipment between AT LEAST BE ENTITLED TO A STRONG
straight contract of lease. That the parties to the ELA have PCSO and PGMC. Such an agreement is, as far as PCSO's PRESUMPTION OF CORRECTNESS. — I turn first to
stipulated on flexible rentals does not render it less of a charter is concerned, validly and lawfully entered into. the novel argument made in the majority opinion that the
lease contract and more of a joint venture. Surely, the charter of PCSO does not "prohibit [—] it from holding or
PGMC as owner of the leased equipment is free to demand 5. REMEDIAL LAW; SUPREME COURT; SHOULD conducting lottery in collaboration, association or joint
the amount of rentals it deems commensurate for the use NOT PREEMPT JUDGMENT OF COMMISSION ON venture with another party." That opinion argues that "what
thereof and, as long as PCSO agrees to the amount of such AUDIT (COA) ON MATTERS WITHIN ITS [PCSO] is prohibited from doing is to invest in a business
rentals, as justifying an adequate net return to it, then the JURISDICTION; ISSUE ON NECESSITY OF PUBLIC engaged in sweepstakes races, lotteries and similar
contract is valid and binding between the parties thereto. BIDDING IN ELA, WITHIN COA'S JURISDICTION. — activities" which are "competing activities and the PCSO
This is the essence of freedom to enter into contracts. On the allegation of lack of public bidding on the ELA, the should not invest in the business of a competitor." In so
Commission on Audit (COA) has yet to resolve a case doing, my learned brother Mendoza, J .purports to
4. ADMINISTRATIVE LAW; PHILIPPINE CHARITY where the issue of the validity of the ELA due to lack of controvert and overturn the reading that the majority of this
SWEEPSTAKES OFFICE; EQUIPMENT LEASE public bidding has been squarely raised. This matter Court, through Mr. Justice Davide, Jr.,in the first
AGREEMENT (ELA),A STRAIGHT LEASE surfaced during the hearing of the present case. Needless to Kilosbayan case gave to the relevant provisions of the
EQUIPMENT. — Petitioners have not cited any law which say, the Court should not preempt the determination and PCSO charter. It so happens that the critical language in the
prevents such stipulations to be included in contracts of judgment of the COA on matters which are within its relevant PCSO charter provision — that is, the "except"
lease or which changes the nature of such agreement from a primary jurisdiction under the Constitution. clause in Section 1 (B) of the PCSO charter as amended by
lease to some other juridical relation. In fact, such B.P. Blg. 42 — was crafted by the then Assemblyman
stipulations are common in leases of real estate for 6. POLITICAL LAW; ISSUE AS TO WHETHER ELA IS Hilario G. Davide, Jr. during the deliberations in the
commercial purposes. A ruling that would prevent PCSO GROSSLY DISADVANTAGEOUS TO THE Interim Batasan Pambansa on the bill that became B.P. Blg.
from entering into such lease agreement for the operation GOVERNMENT, A POLITICAL QUESTION. — As to 42. It is impliedly contended by the majority that the intent
by PCSO of the lottery would defeat the intent of the law to whether or not the ELA is grossly disadvantageous to the of an individual legislator should not be regarded as
raise, from such lotto operations, funds for charitable government, it should be stressed that the matter involves, conclusive as to the "collect" interpretation of the provision
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of a statute. This is true enough, as a general proposition, and conduct sweepstakes races, lotteries and similar use of the term "supplies" "cannot be limited so as to
for it is the intent of the legislative body as manifested in activities by collaborating or associating or entering into exclude 'materials' and 'equipment' without defeating the
the language used by the legislature that must be examined joint ventures with other persons or entities not purpose for which these exceptions are made." The first
and applied by this Court. However, it seems to me that the government-owned and legislatively chartered like the proposition finds no basis in the actual language used in the
view expressed by an individual legislator who eventually PCSO is. The prohibition against PCSO sharing its operative paragraph of Section 1 of Executive Order No.
comes to sit in this Court as to the meaning to be given to authority with others is designed, among other things, to 301 setting out the general rule ". . . no contract for public
words crafted by himself should, at the very least, be prevent diversion to other uses of revenue streams that services or for furnishing supplies, materials and equipment
regarded as entitled to a strong presumption of correctness. should go solely to the charitable and welfare-related to the government or any of its branches, agencies or
Put a little differently, I respectfully submit that in a purposes specified in PCSO's charter. It will be seen that instrumentalities shall be renewed or entered into without
situation such as that presented in this case, a strong without the "except" clause inserted at the initiative of public bidding, except under any of the following
presumption arises that the interpretation given by Mr. former Assemblyman Davide, Jr.,Section 1(B) would be so situations: ...It is worthy of special note that the above
Justice Davide, Jr. and approved and adopted by the comprehensively worded as to permit PCSO precisely to opening paragraph does not even use the words "purchase
majority of the Court in the first Kilosbayan case faithfully share its exclusive right to hold and conduct sweepstakes and sale" or "buy and sell";the actual term used is
reflected the intent of the legislative body as a whole. races, lotteries and the like. It is this "except" clause which "furnishing ...equipment to the government." The term
prevents such sharing or lending or farming out the PCSO "furnishing" can scarcely be limited to sales to the
2. ID.;ID.;ID.;INTENT CLEARLY DISCERNIBLE IN "franchise" "by itself or in collaboration, association or government but must instead be held to embraced any
WORDS USED BY LEGISLATURE. — Fortunately, in joint venture with any person, association, company or contract which provides the government with either title to
the present case, it is not necessary to take the word of Mr. entity, whether domestic or foreign, except for the activities or use of equipment. A contrary view can only result in
Justice Davide, Jr. as to what the intent of the legislative mentioned in the preceding paragraph (A) ..." This "except" serious emasculation of Executive Order No. 301. It is
body was in respect of Section 1 (B) of the present PCSO clause thus operates, as it were, as a renvoi clause which common place knowledge that equipment leases (especially
charter. For that intent is clearly discernible in the very refers back to Section 1 (A) and in this manner avoids the "financial leases" involving expensive capital equipment)
words used by the legislative body itself. Examining the necessity of simultaneously amending the text of Section 1 are often substitutes for or equivalents of purchase and sale
actual text of Section 1 (B),it will be noted that what PCSO (A).The textual location, in other words, of the "except" contracts, given the multifarious credit and tax constraints
has been authorized to do is not simply "to invest — clause offers no support for the new-found and entirely operating in the market place. Thus the above first
whether by itself or in collaboration, association or joint original interpretation offered in the majority opinion. proposition fails to take into account actual commercial
venture —' in any health and welfare-related investments, practice already reflected in our present commercial and tax
programs, projects and activities which may be profit- 4. ID.; ID.; EQUIPMENT LEASE AGREEMENT (ELA); law. The second proposition similarly requires one who
oriented ..." Rather, the PCSO has been authorized "to PUBLIC BIDDING, A NECESSARY PREREQUISITE; must interpret and apply the provisions of Section 1 of
engage in health and welfare-related investments,programs, CASE AT BAR. — I consider next the question of whether Executive Order No. 310 to disregard the actual language
projects and activities which may be profit-oriented. the "Equipment Lease Agreement" (ELA) is subject to used in that Order. For Executive Order No. 301 uses done
public bidding. PCSO refers to Executive Order No. 301 (3) distinguishable terms "supplies," "materials" and
3. ID.;ID.;ID.;CONSTRUED. — The "except" clause in dated 26 July 1987 in seeking to justify the award of the "equipment." These terms are not always used
Section 1 (B),is not designed as a non-competition ELA to the PGMC without public bidding. In accepting the simultaneously in Executive Order No. 301. In some
provision,nor as a measure intended to prevent PCSO from contentions of PCSO, the majority opinion relies basically places, only "supplies" is used; in other places, only
putting its money in enterprises competing with PCSO. on two (2) propositions. The first of these is that Executive "materials" is employed; and in still other places, the term
What the law seeks thereby to avoid, rather, is the PCSO Order No. 301, Section 1 refers to contracts of purchase "equipment" is used alongside with, but separately from,
sharing or franchising out its exclusive authority to hold and sale [only]. The second proposition offered is that the both of the other two (2) terms. To say that "supplies,"

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"materials" and "equipment" are merely synonymous or present case by the simple re-arrangement of words and PCSO charter that either requires or justifies the adoption
fungible would appear too casual a treatment of the actual paragraphs of the old contract considering that the reality of of the rental provision found both in the old contract and in
language of Executive Order No. 301. The fundamental the re-arrangement is controverted by the commercial terms the ELA giving PGMC a fixed share in gross revenues. The
difficulty with the above two (2) propositions is this: that of the new contract. explanation offered by the Solicitor General is
public bidding is precisely the standard and best way of unfortunately merely contrived; its acceptance depends on
ensuring that a contract by which the government seeks to 6. ID.;ID.;ID.;RENTAL IS NOT EXPRESSED IN TERMS lack of familiarity with elementary accounting concepts.
provide itself with supplies or materials or equipment is in OF A FIXED AND ABSOLUTE FIGURE. — I begin with
fact the most advantageous to government. It is true enough the natare and form of the rental provisions of the ELA. 7. ID.;ID.;APPROPRIATE RECOURSE TO THE
that public bidding may be inconvenient and time The rental payable by PCSO as lessee of equipment and LEGISLATIVE AUTHORITY TO VENTILATE LEGAL
consuming; but it is still the only method of procurement so other assets owned by PGMC as lessor, is fixed at a RESTRICTIONS ON ITS REVISED CHARTER. — The
far invented by man by which the government could specified percentage, 4.3% of the gross revenues accruing PCSO appears sincerely convinced that the legal
reasonably expect to keep relatively honest those who to PCSO out of or in connection with the operation of such restrictions placed upon its operations by the actual text of
would contract with it. This is the basic reason why equipment and assets. The rental payable is not, in other Section 1 (B) of its revised charter prevent it from realizing
competition through public bidding is the general rule and words, expressed in terms of a fixed and absolute figure, the kinds and volume of revenues that it needs for
not the exception. although a floor amount per leased terminal is set. Instead, charitable and health and welfare-oriented programs. In this
the actual total amount of the rental rises and falls from situation, the appropriate recourse is not to make light of
5. ID.;ID.;JOINT VENTURE NOT CONVERTED INTO month to month as the revenues grow or shrink in volume. I nor to conjure away those legal restrictions but rather to go
AN ORDINARY EQUIPMENT LEASE AGREEMENT respectfully suggest that thereby the lessor or the facilities to the legislative authority and there ask for further
BY SIMPLE REARRANGEMENT OF WORDS AND leased has acquired a legal interest either in the business of amendment of its charter. In that same forum, the
PARAGRAPHS. — I would address finally the question of the lessee PCSO that is conducted through the operation of petitioners may in turn ventilate their own concerns and
whether or not the original contract between PCSO and such facilities and equipment, or at least in the income deeply felt convictions.
PGMC which the Court in the first Kilosbayan case found stream of PCSO originating from such operation. In the
to be a joint venture, has been so substantially changed as commercial world, a rental provision cast in terms of a REGALADO, J.,dissenting opinion:
to have been effectively converted from a joint venture fixed participation in the gross revenues of the lessee,
arrangement to an ordinary equipment lease agreement. signals substantial economic interest in the business of such 1. REMEDIAL LAW; ACTIONS; "LAW OF THE CASE"
The majority of the Court have concluded that the ELA has lessee. Such a provision cannot be regarded as compatible DOCTRINE; PURPOSE. — Even in American law, the
been effectively "purged" of the characteristics of a joint with an "ordinary" equipment rental agreement. On the "law of the case" doctrine was essentially designed to
venture arrangement and that it should now be regarded as other hand, it is of the very substance of a commercial joint express the practice of courts generally to refuse to reopen
lawful under the provisions of the revised PCSO charter. It venture and of economic collaboration or association. The what has been decided and, thereby, to emphasize the rule
is suggested, with respect that the burden of showing that assertion that the 4.3% rental rate is "well within the that the final judgment of the highest court is a final
the elements found by the Court in the first Kilosbayan case maximum of 15% net receipt fixed by law" is entirely determination of the rights of the parties. That is the actual
to constitute the prohibited "collaboration, association or meaningless insofar as explaining the structure of the rental and basic role that it was conceived to play in judicial
joint venture" have truly (and not simply ostensibly) been provision and the reasonableness thereof is concerned. In determinations, just like the rationale for the doctrines of
expunged from the relationship between PCSO and PGMC the second place, it is child's play for an accountant to res judicataand conclusiveness of judgment.
rests, not on Kilosbayan nor on this Court, but rather on convert absolute figures representing operating expenses
PCSO and PGMC. It is respectfully submitted further that [actual or budgeted] into a percentage of "net receipts 2. ID.;ID.;ID.;MAY ARISE FROM AN ORIGINAL
that burden has not been adequately discharged in the [actual or expected]";there is nothing in Section 6 (C) of the HOLDING OF A HIGHER COURT ON A WRIT OF
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CERTIORARI. — The "law of the case" may also arise concise definition of the term. Who is the real party in revisited but if the ostensible basis is the change of
from an original holding of a higher court on a writ of interest depends on the peculiar facts of each separate case, membership and known positions of the new members
certiorari,and is binding not only in subsequent appeals or and one may be a party in interest and yet not be the sole anent an issue pending in a case in the Court, it may not sit
proceedings in the same case, but also in a subsequent suit real party in interest. well with the public as a judicious policy. This would be
between the same parties. Furthermore, since in our similar to the situation where a judgment promulgated by
jurisdiction an original action for certiorari to control and 6. ID.;ID.;ID.;ABSENCE OF REMEDIAL MEASURE, the Court is held up by a motion for reconsideration and
set aside a grave abuse of official discretion can be AVAILABLE TO PERSONS NOT REAL PARTIES-IN- which motion, just because the present Rules do not
commenced in the Supreme Court itself, it would be absurd INTEREST IN QUESTIONING GOVERNMENT provide a time limit for the resolution thereof, stays
that for its ruling therein to constitute the law of the case, CONTRACTS. — If the majority would have its way in unresolved until the appointment of members sympathetic
there must first be a remand to a lower court which this case, there would be no available judicial remedy thereto. Thus, the unkind criticisms of "magistrate
naturally could not be the court of origin from which the against irregularities or excesses in government contracts shopping" or "court packing" levelled by disgruntled
postulated second appeal should be taken. for lack of a party with legal standing or capacity to sue. litigants is not unknown to this Court.
The legal dilemma or vacuum is supposedly remediable
3. ID.;ID.;ID.;ID.;WITH SAME BINDING EFFECT under a suggestion submitted in the majority opinion. The 8. ID.;ID.;"LAW OF THE CASE" DOCTRINE; ISSUE
WITH THAT OF AN APPEALED CASE. — What I wish majority has apparently forgotten its own argument that in ON RIGHT OF PETITIONER TO FILE AND MAINTAIN
to underscore is that where, as in the instant case, the the present case petitioners are not the real parties, hence ACTION QUESTIONING LEGALITY OF
holding of this highest Court on a specific issue was handed they cannot avail of any remedial right to file a complaint GOVERNMENT CONTRACTS, FORECLOSED BY
down in an original action for certiorari,it has the same or suit. It is, therefore, highly improbable that the COURT'S JUDGMENT IN FIRST LOTTO CASE. — I
binding effect as it would have had if promulgated in a case Commission on Audit would deign to deal with those hold the view that the matter of the right of petitioners to
on appeal. whom the majority says are strangers to the contract. file and maintain this action — whether the objection
Again, should this Court now sustain the assailed contract, thereto is premised on lack of locus standi or right of action
4. ID.;ID.;CAUSE OF ACTION; CONCEPT THEREOF of what avail would be the suggested recourse to the — has already been foreclosed by our judgment in the first
IN PUBLIC INTEREST CASES SHOULD DIFFER Ombudsman? Finally, it is a perplexing suggestion that lotto case, G.R. No. 113375. If the majority refuses to
FROM PRIVATE INTEREST LITIGATIONS. — It is true petitioners ask the Solicitor General to bring a quo warranto recognize such right under the "law of the case" principle, I
that a right of action is the right or standing to enforce a suit, either in propria persona or ex relatione,not only see no reason why that particular issue can still be
cause of action. For its purposes, the majority urges the because one has to contend with that official's own views or ventilated now as a survivor of the doctrinal effects of res
adoption of the standard concept of a real party in interest personal interests but because he is himself the counsel for judicata.
based on his possession of a cause of action. It could not respondents in this case. Any proposed remedy must take
have failed to perceive, but nonetheless refuses to concede into account not only the legalities in the case but also the 9. ID.; ID.; ID.; REMOVAL AND REPLACEMENT OF
that the concept of a cause of action in public interest cases realities of life. SOME OBJECTIONABLE TERMS OF CONTRACT
should not be straitjacketed within its usual narrow DOES NOT EXTINGUISH IDENTITY OF SUBJECT
confines in private interest litigations. 7. ID.;ID.;JUDGMENT; CHANGE OF MEMBERSHIP MATTER IN BOTH CASES. — It is undeniable that in
OF MEMBERS OF COURT, NOT GROUND TO that case and the one at bar, there is identity of parties,
5. ID.;ID.;REAL PARTY-IN-INTEREST; NO DEFINED REEXAMINE RULING. — The majority believes that in subject matter and cause of action. Evidently, the judgment
RULE FOR ITS DETERMINATION. — There is no view of the retirement and replacement of two members of in G.R. No. 113375 was rendered by a court of competent
clearly defined rule by which one may determine who is or the Court, it is time to reexamine the ruling in the first lotto jurisdiction, it was an adjudication on the merits, and has
is not real party in interest, nor has there been found any case. A previous judgment of the Court may, of course, be long become final and executory. There is, to be sure, an
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attempt to show that the subject matter in the first action is DAVIDE, JR.,J.,dissenting opinion: charity sweepstakes races, lotteries and other similar
different from that in the instant case, since the former was activities," the PCSO cannot exercise it "in collaboration,
the original contract and the latter is the supposed expanded 1. REMEDIAL LAW; SUPREME COURT; SUDDEN association or joint venture" with any other party. This is
contract. I am not persuaded by the proffered distinction. REVERSAL OF RULING PUTS TO JEOPARDY THE the unequivocal meaning and import of the phrase "except
The removal and replacement of some objectionable terms FAITH AND CONFIDENCE OF THE PEOPLE IN THE for the activities mentioned in the preceding paragraph
of a contract, which nevertheless continues to operate under CERTAINTY AND STABILITY OF THE (A)," namely, "charity sweepstakes races, lotteries and
the same basis, with on the same property, for the same PRONOUNCEMENTS OF THIS COURT. — I am other similar activities."
purpose, and through the same contracting parties does not disturbed by the sudden reversal of our rulings in
suffice to extinguish the identity of the subject matter in Kilosbayan, Inc.,et al. vs. Guingona, et al.(hereinafter 3. REMEDIAL LAW; ACTIONS; UNDER THE
both cases. This would be to exalt form over substance. referred to as the first lotto case) regarding the application PRINCIPLE OF EITHER THE LAW OF THE CASE OR
Furthermore, respondents themselves admitted that the new or interpretation of the exception clause in paragraph B, RES JUDICATA,THE PCSO AND PGMC ARE BOUND
contract is actually the same as the original one, with just Section 1 of the Charter of the PCSO (R.A. No. 1169), as BY THE RULING IN THE FIRST LOTTO CASE ON
some variants in the terms of the latter to eliminate those amended by B.P. Blg. 442, and on the issue of locus standi THE LOCUS STANDI OF THE PETITIONERS AND
which were objected to. The contrary assumption now of the petitioners to question the contract of lease involving INTERPRETATION OF THE EXCEPTION CLAUSE IN
being floated by respondents would create chaos in our the on-line lottery system entered into between the PARAGRAPH B, SECTION 1 OF R.A. 1169, AS
remedial and contractual laws, open the door to fraud, and Philippine Charity Sweepstakes Office (PCSO) and the AMENDED FOR FAILING TO MOVE FOR ITS
subvert the rules on the finality of judgments. Philippine Gaming Management Corporation RECONSIDERATION. — The PCSO and the PGMC
(PGMC).Such reversal upsets the salutary doctrines of the never challenged our application or interpretation of the
10. ID.;ID.;CONCLUSIVENESS OF JUDGMENT; ALL law of the case, res judicata,and stare decisis.It puts to exception clause and our definitions of the terms
ISSUES FINALLY ADJUDGED SHALL BE jeopardy the faith and confidence of the people, specially collaboration, association,and joint venture.On the contrary,
CONCLUSIVE BETWEEN PARTIES ON APPEAL; the lawyers and litigants, in the certainty and stability of the they unconditionally accepted the same by not asking for
CASE AT BAR. — Even assuming purely ex hypothesi pronouncements of this Court. It opens the floodgates to reconsideration of our decision in the first lotto case. Under
that the amended terms in the expanded lease agreement endless litigations for reexamination of such the principle of either the law of the case or res judicata the
created a discrete set of litigable violations of the statutory pronouncements and weakens this Court's judicial and PCSO and the PGMC are bound by the ruling in the first
charter of the Philippine Charity Sweepstakes Office, moral authority to demand from lower courts obedience lotto case on the locus standi of the petitioners and the
thereby collectively resulting in a disparate actionable thereto and to impose sanctions for their opposite conduct. application or interpretation of the exception clause in
wrong or delict, that would merely constitute at most a paragraph B, Section 1 of R.A. No. 1169, as amended.
difference in the causes of action in the former and the 2. ADMINISTRATIVE LAW; PHILIPPINE CHARITY Moreover, that application or interpretation has been laid to
present cases. Under Section 49(c),Rule 39 of the Rules of SWEEPSTAKES OFFICE; CANNOT HOLD AND rest under the doctrine of stare decisis and has also become
Court, we would still have a situation of collateral estoppel, CONDUCT CHARITY SWEEPSTAKES RACES, part of our legal system pursuant to Article 8 of the Civil
better known in this jurisdiction as conclusiveness of LOTTERIES AND OTHER SIMILAR ACTIVITIES IN Code which provides: "Judicial decisions applying or
judgment. Hence, all relevant issues finally adjudged in the COLLABORATION, ASSOCIATION OR JOINT interpreting the laws or the constitution shall form part of
prior judgment shall be conclusive between the parties in VENTURE WITH ANY OTHER PARTY. — In the first the legal system of the Philippines."
the case now before us and that definitely includes at the lotto case, this Court also emphatically ruled that the
very least the adjudgment therein that petitioners have the language of Section 1 of R.A. No. 1169, as amended by 4. ID.;ID.;LAW OF CASE; CONSTRUED. — The
locus standi or the right to sue respondents on the contracts B.P. Blg. 42, is indisputably clear that with respect to this principle of the law of the case "is necessary as a matter of
concerned. [PCSO's] franchise or privilege "to hold and conduct policy to end litigation. There would be no end to a suit if
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every obstinate litigant could, by repeated appeals, compel would involve contracts relating or incidental to the or rule of law which has been established by the decision of
a court to listen to criticisms on their opinions, or speculate conduct or holding of lotteries by the PCSO in a court of controlling jurisdiction will be followed in other
on chances from changes in its members." collaboration, association, or joint venture with any person, cases involving a similar situation. It is founded on the
association, company, or entity. And, the contract in necessity for securing certainty and stability in the law and
5. ID.;ID.;ID.;DOCTRINE APPLIES WHERE THE question is not different from or unrelated to the first does not require identity or privity of parties. This is
SECOND CASE IS BUT A SEQUEL TO AND nullified contract, for it is nothing but a substitute for the explicitly fleshed out in Article 8 of the Civil Code which
CONTINUATION OF THE FIRST LOTTO CASE. — It latter. Respondent Morato was even candid enough to provides that decisions applying or interpreting the laws or
is, however, contended that the law of the case is admit that no new and separate public bidding was the constitution shall form part of the legal system. Such
inapplicable because that doctrine applies only when a case conducted for the ELA in question because the PCSO was decisions "assume the same authority as the statute itself
is before an appellate court a second time after its remand of the belief that the public bidding for the nullified and, until authoritatively abandoned, necessarily become, to
to a lower court. While indeed the statement may be contract was sufficient. the extent that they are applicable, the criteria which must
correct, it disregards the fact that this case is nothing but a control the actuations not only of those called upon to abide
sequel to and is, therefore, for all intents and purposes, a 7. ID.;ID.;PRECLUSION OF ISSUES OR COLLATERAL thereby but also of those in duty bound to enforce
continuation of the first lotto case. By their conduct, the ESTOPPEL; DOES NOT APPLY TO CASE AT BAR obedience thereto." Abandonment thereof must be based
parties admitted that it is, for which reason the PGMC and WHERE ISSUE INVOLVED IS ONE OF LAW. — Its only on strong and compelling reasons — which I do not
the PCSO submitted in the first lotto case a copy of the reliance on the ruling in Montana vs. United States that find in this case — otherwise, the becoming virtue of
ELA in question, and the petitioners commenced the instant preclusion of issues or collateral estoppel does not apply to predictability which is expected from this Court would be
petition also in the said case. Our resolution that the issues of law, at least when substantially unrelated claims immeasurably affected and the public's confidence in the
validity of the ELA could not be decided in the said case are involved, is misplaced. For one thing, the question of stability of its solemn pronouncements diminished.
because the decision therein had become final does not the petitioners' legal standing in the first lotto case and in
detract from the fact that this case is but a continuation of this case is one and the same issue of law.For another, these 9. ID.;ID.;RES JUDICATA;ASPECTS. — The doctrine of
the first lotto case or a new chapter in the raging cases involve the same and not substantially unrelated res judicata has dual aspects: (1) as a bar to the prosecution
controversy between the petitioners, on the one hand, and subject matter, viz.,the second contract between the PCSO of a second action upon the same claim, demand, or cause
the PCSO and the PGMC, on the other, on the operation of and the PGMC on the operation of the on-line lottery of action; and (2) as preclusion to the relitigation of
the on-line lottery system. system. The majority opinion likewise failed to consider particular facts or issues in another action between the same
that in the very authority it cited regarding the exception to parties on a different claim or cause of action.
6. ID.;ID.;CONCLUSIVENESS OF JUDGMENT; the rule of issue preclusion (Restatement of Law, 2d
APPLICABLE TO CASE AT BAR WHERE THE Judgments S. 28),the second illustration stated therein is 10. ID.;ID.;ID.;CONSTRUED. — Public policy, judicial
CONTRACT IN QUESTION IS NOT DIFFERENT subject to this NOTE: "The doctrine of the stare decisis orderliness, economy of judicial time, and the interest of
FROM OR UNRELATED TO THE FIRST NULLIFIED may lead the court to refuse to reconsider the question of litigants as well as the peace and order of society, all
CONTRACT. — Equally unacceptable is the majority sovereign immunity," which simply means that stare decisis require that stability should be accorded judgments; that
opinion's rejection of the related doctrine of conclusiveness is an effective bar to a re-examination of a prior judgment. controversies once decided on their merits shall remain in
of judgment on the ground that the question of standing is a repose; that inconsistent judicial decisions shall not be
legal question, as this case involves a different or unrelated 8. ID.;ID.;DOCTRINE OF STARE made on the same set of facts; and that there be an end to
contract. The legal question of locus standi which was DECISIS;CONSTRUED; ABANDONMENT THEREOF litigation which, without the said doctrine, would be
resolved in favor of the petitioners in the first lotto case is NOT WARRANTED IN CASE AT BAR. — The doctrine endless. It not only puts an end to strife, but recognizes that
the same in this case and in every subsequent case which of stare decisis embodies the legal maxim that a principle certainty in legal relations must be maintained. It produces
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certainty as to individual rights and gives dignity and benefited by the contracts or transactions, the so-called What is prohibited is the conduct or holding thereof "in
respect to judicial proceedings. real-party-in-interest chooses not to sue, the patently collaboration, association or joint venture with any person,
unconstitutional and illegal contracts or transactions will be association, company, or entity, whether domestic or
11. ID.;ID.;RULE ON REAL PARTY-IN-INTEREST placed beyond the scrutiny of this Court, to the irreparable foreign." In the first lotto case, this Court explained the
SUBORDINATE TO DOCTRINE OF LOCUS damage of the Government, and prejudice to public interest principal reasons for such prohibition. If the purpose of the
STANDI.— In public law the rule of real party-in-interest and the general welfare. prohibition in the exception clause is indeed to prevent
is subordinated to the doctrine of locus standi.The majority competition, it would be with more reason that no other
opinion declares that the real issue in this case is not 12. STATUTORY CONSTRUCTION; LAWS; person, natural or juridical, should be allowed to share on
whether the petitioners have locus standi but whether they LEGISLATIVE AMENDMENT; AUTHOR THEREOF, the PCSO's franchise to hold and conduct lotteries. In short,
are the real parties-in-interest. This proposition is a bold BEST AUTHORITY ON INTENTION OR RATIONALE the argument in the majority opinion sustains the rationale
move to set up a bar to taxpayer's suits or cases invested OF AMENDMENT. — Before I take up the defined issues, of the prohibition.
with public interest by requiring strict compliance with the I find it necessary to meet squarely the majority opinion's
rule on real-party-in-interest in ordinary civil action, interpretation of paragraph B, Section 1 of R.A. No. 1169, 13. ADMINISTRATIVE LAW; PHILIPPINE CHARITY
thereby effectively subordinating to that rule the doctrine of as amended. This is, of course, on the assumption that this SWEEPSTAKES OFFICE (PCSO);EQUIPMENT LEASE
locus standi.I am not prepared to be a party to that Court may now disregard the doctrines of the law of the CONTRACT (ELA),A JOINT VENTURE CONTRACT;
proposition. First. Friendenthal, et al.,whose book is cited case, res judicata,and stare decisis.I respectfully submit that DELETION OF PROVISIONS WHICH HOWEVER DID
in the majority opinion in its discussion of the rule on real the best authority on the intention or rationale of a NOT AFFECT THE INDIVISIBILITY OF COMMUNITY
party in interest and the doctrine of locus standi,admit that legislative amendment is its author. Fortunately, I happened OF INTEREST ON THE ON-LINE LOTTERY SYSTEM
there is a difference between the two, between the two, and to be the author of the exception clause in said provision. DOES NOT TRANSFORM CONTRACT TO ONE OF
that the former is not strictly applicable in public law cases. The language of that clause is very short and simple, and LEASE. — I am not persuaded. To my mind, the parties
Second. The attempt to use the real-party-in-interest rule is the elaboration given therefor, as earlier shown, is equally only performed a surgery on the nullified contract by
to resurrect the abandoned restrictive application of locus short and simple. The sponsor of the measure, then merely deleting therefrom provisions which this Court had
standi,This Court, speaking through the constitutionalist Assemblyman, now Congressman, Ronaldo Zamora did not considered in the first lotto case to be badges of a joint
nonpareil, Justice and later Chief Justice Enrique Fernando, even ask for an explanation or clarification; he readily venture contract and by engrafting some modifications on
has already declared in Tan vs. Macapagal that as far as a accepted the amendment. Nobody from the floor rental, which include an option to purchase. The PGMC
taxpayer's suit is concerned, this Court is not devoid of interpellated me for an explanation or clarification. I regret and the PCSO conveniently forgot that per this Court's
discretion as to whether or not it should be entertained. then to say that neither the letter nor the spirit of the findings in the first lotto case, they had an indivisible
Third. Such attempt directly or indirectly restricts the exception clause in paragraph B supports the interpretation community of interest in conception, birth,and growth of
exercise of the judicial authority of this Court in an original proposed in the majority opinion. The reason given in the the on-line lottery and that each is wed to the other for
action — and there had been many in the past — to majority opinion for the alleged prohibition from investing better or for worse. The surgery affected only the post-natal
determine whether or not there has been grave abuse of in "activities mentioned in the preceding paragraph (A)" activities of the union, but not the indivisibility of their
discretion amounting to lack or excess of jurisdiction on the (i.e.,the holding or conducting of charity sweepstakes races, community of interest at conception and at the birth of the
part of any branch or instrumentality of the Government. lotteries, and other similar activities) is that "these are on-line lottery system. Put differently, it only separated one
Only a very limited few may qualify, under the real-party- competing activities." In that aspect alone, the majority from the other from bed and board but did not dissolve the
in-interest rule, to bring actions to question acts or contracts opinion has clearly misconstrued the exception clause. The bonds of such indivisibility or community of interest. This
tainted with such vice. Where, because of fear of reprisal, prohibition is not direct against such activities, since they was confirmed by respondent Morato when he candidly
undue pressure, or even connivance with the parties are in fact the franchised primary activities of the PCSO. confessed in his letter to the COA Chairman that: [I]t is
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apparent that the lease of the needed equipment through union and community of interest, thereby giving further following situations. It is clear that Sections 1 and 2 of
negotiations is the most advantageous to the Government credence to this Court's observation in the first lotto case Executive Order No. 301 refer to contracts for public
since so many studies, plans and procedures had already that each is wed to the other for better or for worse. services,or furnishing supplies, materials,and equipment to
been worked out with PGMC since October 1993 as a the government. In no uncertain terms, the Executive Order
result of the previous bidding (Sec. 1. e, Executive Order 16. ID.;ID.;ID.;ID.;EQUIPMENT. — It may be observed itself distinguishes the terms supplies,materials, and
No. 301 [1987]). that the term facilities in the old contract included all equipment from each other, i.e.,it did not intend to consider
capital equipment but excluded "technology, intellectual them as synonymous terms. If such were the intention,
14. ID.;ID.;ID.;ID.;RENTAL CLAUSE. — Even on the property rights, knowhow, processes and systems." As this there would have been no need to enumerate them
face of the new ELA, the elements of the proscribed joint Court found in the first lotto case, there was a separate separately and to limit subparagraphs (a),(b),and (e) to
venture or, at the very least, collaboration or association, provision on the PGMC's obligations (1) to train PCSO and supplies;subparagraph (c) to materials,and subparagraph (f)
can be detected, albeit they are hidden behind the skirt of other local personnel and (2) to effect the transfer of to all three (supplies, materials and equipment).The specific
the following: (a) the Rental Clause; (b) the upgrading technology and other expertise. Clearly, the inclusion of mention of supplies in subparagraphs (a),(b),and (e) was
provision under the Repair Services Clause; and (c) the "technology, intellectual property rights, knowhow, clearly intended to exclude therefrom materials and
details of what are embraced in the term Lottery Equipment processes and systems" in the term Equipment was a ploy equipment,and the specific mention of materials in
and Accessories subject of the contract, which are found in to hide, again, the continuing indispensable collaboration of subparagraph (c) was likewise intended to exclude supplies
Annex "A" of the ELA. The Rental Clause provides for a the PGMC in the conduct of the on-line lottery business. and equipment.Expressio unius est exclusio
flexible rate based on a percentage of the gross amount of alterius.Elsewise stated, the Executive Order leaves no
ticket sales, payable bi-weekly, with an annual minimum 17. ID.;ID.;ID.;PUBLIC BIDDING, A PREREQUISITE. room for a construction that confuses supplies with
rental fixed at P35,000.00 per terminal in commercial — Even assuming that the subject ELA is not a joint materials or equipment or either of the last two with the
operation, any shortfall of which shall be paid out of the venture contract, still it must be nullified for having been first or with each other. Besides, subparagraph (e) of
proceeds of the current ticket sales. This is an unusually entered into without public bidding and for being grossly Section 1 unequivocally refers to a contract of purchase of
novel arrangement which insures and guarantees the PGMC disadvantageous to the Government. The opening supplies.The ELA in question is not a contract of purchase
full participation in the gross proceeds of ticket sales even paragraph of E.O. No. 298, series of 1940, of President of supplies. The parties themselves proclaim to the whole
if, ultimately, a draw could mean losses to the PCSO. The Manuel L. Quezon, entitled "Prohibiting the Automatic world and solemnly represent to this Court that it is a
rental clause is, indeed, a subtle scheme to unconditionally Renewal of Contracts, Requiring Public Bidding Before contract of lease of equipment. They titled it, in bold big
guaranty PGMC's share in the profits. Entering Into New Contracts, Providing Exceptions letters, "EQUIPMENT LEASE AGREEMENT," and
Therefor," states that . . . contracts for public services or for devote the first clause thereof to EQUIPMENT.
15. ID.;ID.;ID.;ID.;UPGRADING CLAUSE. — It should furnishing of supplies, materials, and equipment to the Accordingly, since the ELA is not a contract of purchase of
be stressed here that in the old contract the upgrading Government be submitted to public bidding. This was supplies, we are unable to understand why the DOJ applied
clause is under facilities,which include among other things restated in E.O. No. 301 of President Corazon C. Aquino, Section 1(e) of E.O. No. 301 to exempt the ELA from the
all capital equipment, computers, terminals, and softwares. entitled "Decentralizing Actions on Government public-bidding requirement.
Under the upgrading provision, new equipment may be Negotiated Contracts, Lease Contracts and Records
used; the number of terminals may be increased; and new Disposals, " whose Section 1 reads in part that . . . no 18. ID.;ID.;ID.;NOT COVERED BY COA RULES AND
terms and conditions, including rates of "rentals" and the contract for public services or for furnishing supplies, REGULATION FOR PREVENTION OF IRREGULAR,
purchase price in case of exercise of the option to buy, may materials and equipment to the government or any of its UNNECESSARY, EXCESSIVE AND EXTRAVAGANT
be agreed upon. This makes the ELA not just a sweetheart branches, agencies or instrumentalities shall be renewed or EXPENDITURES. — The submission of the petitioners
contract, but one which will preserve the parties' indivisible entered into without public bidding, except under any of the that the ELA violates paragraph 4.3 of the COA Rules and
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Regulations for the Prevention of Irregular, Unnecessary, ticket sales, payable net of taxes required by law to be proceeds of the then current ticket sales after payment of
Excessive, and Extravagant Expenditures is not persuasive. withheld, which may, however, be drastically reduced, or in prizes and agents' commissions but prior to any other
The said paragraph covers Lease Purchase contracts. The extreme cases, totally obliterated because the PGMC bears payments, allocations, or disbursements. The grossness of
ELA in question hardly qualifies as a lease purchase "all risks if the revenue from ticket sales, on an annualized the disadvantage to the PCSO is all too obvious, and why
contract because there is no perfected agreement to basis, are insufficient to pay the entire prize money." Under the PCSO accepted such unreasonable, unconscionable, and
purchase (sale) but only an option on the part of PCSO to the assailed ELA, however, the PGMC is entitled to receive inequitable terms and conditions confounds as.
purchase the equipment for P25 million. It is, in fact, an a flexible rental equivalent to 4.3% of the gross ticket sale
option which is not supported by a separate and distinct (or only 0.6% lower than it was entitled to under the old VITUG, J.,concurring opinion:
consideration, hence, not really binding upon the PGMC. contract) for the use of its on-line lottery system equipment
(as distinguished from facilities in the old contract),which 1. REMEDIAL LAW; COURTS; JUDICIAL POWER,
19. CIVIL LAW; OBLIGATIONS AND CONTRACTS; does not anymore include the nationwide DEFINED. — "Judicial power," is such authority and duty
OPTIONAL CONTRACT, CONSTRUED. — An optional telecommunications network, without any assumption of of courts of justice "to settle actual controversies involving
contract is a privilege existing in one person, for which he business risks and the obligations (1) to keep the facilities rights which are legally demandable and enforceable and to
had paid a consideration, which gives him the right to buy in safe condition and if necessary, to upgrade, replace, and determine whether or not there has been a grave abuse of
certain specified property from another person, if he improve them from time to time as technology develops, discretion, amounting to lack or excess of jurisdiction, on
chooses, at any time within the agreed period, at a fixed and bear all expenses relating thereto; (2) to undertake the part of any branch or instrumentality of the
price. Said contract is separate and distinct contract from advertising and promotions campaign; (3) to bear all taxes, Government. I take it that the provision of Article VIII,
the contract which the parties may enter into upon the amusements, or other charges imposed on the activities Section 1, Constitution has not been intended to unduly
consummation of the option. The second paragraph of covered by the contract; (4) to pay the premiums for third mutate, let alone to disregard, the long established rules on
Article 1479 of the Civil Code expressly provides that "[a]n party or comprehensive insurance on the facilities: (5) to locus standi. Neither has it been meant, I most respectfully
accepted unilateral promise to buy or to sell a determinate pay all expenses for water, light, fuel, lubricants, electric submit, to do away with the principle of separation of
thing for a price certain is binding upon the promisor if the power, gas, and other utilities used and necessary for the powers and its essential incident such as by, in effect,
promise supported by a consideration distinct from the operation of the facilities; and to pay the salaries and conferring omnipotence on, or allowing an intrusion by, the
price." related costs of skilled and qualified personnel for courts in respect to purely political decisions, the exercise
administrative and technical operations and maintenance of which is explicitly vested elsewhere, and subordinate to
20. ADMINISTRATIVE LAW; PHILIPPINE CHARITY crew. The PGMC is also given thereunder a special that of their own the will of either the Legislative
SWEEPSTAKES OFFICE (PCSO);EQUIPMENT LEASE privilege of receiving P25 million as purchase price for the Department of the Executive Department — both co-equal,
CONTRACT (ELA);CONTRACT GROSSLY equipment at the expiration of eight years should the PCSO independent and coordinate branches, along with the
DISADVANTAGEOUS TO THE PCSO. — A comparison exercise its option to purchase. Unlike in the old contract Judiciary, in our system of government. Again, if it were
between the nullified contract and the assailed ELA to where nothing may at all be due the PGMC of the event otherwise, there indeed would be truth to the charge, in the
prove that the latter is grossly disadvantageous to the PCSO that the ticket sales, computed on an annual basis, are words of some constitutionalist, that "judicial tyranny" has
is not at all hampered by any perceived difficulty. For all insufficient to pay the entire prize money, under the new been institutionalized by the 1987 Constitution, an
the representations, duties, obligations, and responsibilities, ELA the PCSO is under obligation to pay rental equivalent apprehension which should, I submit, rather be held far
as well as the automatic loss of its ownership over the to 4.3% of the gross receipts from ticket sales, the from truth and reality.
facilities without any further consideration in favor of the aggregate amount of which per year should not be less than
PCSO after the expiration of only eight years, the PGMC the minimum annual rental of P35,000.00 per terminal in 2. ID.;ACTIONS; LOCUS STANDI,RULE THEREON
gets only a so-called rental of 4.9% of gross receipts from commercial operation. Any shortfall shall be paid out of the NOT DISREGARDED BY CONSTITUTIONAL
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DEFINITION OF JUDICIAL POWER. — I most humbly guarantees. Lastly, the contested actions are capable of whether such power was exercised within permissible
reiterate the separate opinion I have made in Kilosbayan, repetition. Certainly, the present petitions are subject to constitutional limits or whether it was exercised in a
Inc.,et al.,vs. Teofisto Guingona, Sr.,etc.,et al. (G.R. No. judicial review. manner constituting grave abuse of discretion.” Under the
113375, promulgated on 05 May 1994). Back to the core of expanded power of judicial review, the courts are
the petition, however, the matter of the legal standing of (2) All the petitioners have legal standing in view authorized not only “to settle actual controversies involving
petitioners in their suit assailing the subject-contract of the transcendental importance of the issue involved. It rights which are legally demandable and enforceable,” but
appears to me, both under substantive law and the rules of has been held that the person who impugns the validity of a also “to determine whether or not there has been a grave
procedure, to still be an insuperable issue. I have gone over statute must have a personal and substantial interest in the abuse of discretion amounting to lack or excess of
carefully the pleadings submitted in G.R. No. 118910, and I case such that he has sustained, or will sustain direct injury jurisdiction on the part of any branch or instrumentality of
regret my inability to see anything new that can convince as a result. Taxpayers, voters, concerned citizens, and the government.” As to how the Court may inquire into the
me to depart from the view I have expressed on it in G.R. legislators may be accorded standing to sue, provided that President’s exercise of the power, “judicial inquiry can go
No. 113375. the following requirements are met: (a)the cases involve no further than to satisfy the Court not that the President’s
constitutional issues; (b)for taxpayers, there must be a decision is correct,” but that “the President did not act
g. David v. Arroyo, G.R. No. 171396, 3 May 2006 claim of illegal disbursement of public funds or that the tax arbitrarily.” Thus, the standard laid down is not correctness,
measure is unconstitutional; (c)for voters, there must be a but arbitrariness. Petitioners failed to show that President
(1) The issuance of PP 1021 did not render the present showing of obvious interest in the validity of the election Arroyo’s exercise of the calling-out power, by issuing PP
petitions moot and academic because all the exceptions to law in question; (d)for concerned citizens, there must be a 1017, is totally bereft of factual basis. A reading of the
the “moot and academic” principle are present. The “moot showing that the issues raised are of transcendental Solicitor General’s Consolidated Comment and
and academic” principle is not a magical formula that can importance which must be settled early; and (e)for Memorandum shows a detailed narration of the events
automatically dissuade the courts from resolving a case. legislators, there must be a claim that the official action leading to the issuance of PP 1017, with supporting reports
Courts will decide cases, otherwise moot and academic, if: complained of infringes upon their prerogatives as forming part of the records. Petitioners did not refute such
(1) there is a grave violation of the Constitution; (2) the legislators. Being a mere procedural technicality, however, events. Thus, absent any contrary allegations, the President
exceptional character of the situation and the paramount the requirement of locus standi may be waived by the Court was justified in issuing PP 1017 calling for military aid.
public interest is involved; (3) the constitutional issue in the exercise of its discretion. The question of locus standi Judging the seriousness of the incidents, President Arroyo
raised requires formulation of controlling principles to is but corollary to the bigger question of proper exercise of was not expected to simply fold her arms and do nothing to
guide the bench, the bar, and the public; and (4) the case is judicial power. In view of the transcendental importance of prevent or suppress what she believed was lawless
capable of repetition yet evading review. All these this issue, all the petitioners are declared to have locus violence, invasion or rebellion. In times of emergency, our
exceptions are present here. It is alleged that the issuance of standi. Constitution reasonably demands that we repose a certain
PP 1017 and G.O. No. 5 violates the Constitution. There is amount of faith in the basic integrity and wisdom of the
no question that the issues being raised affect the public (3) There were sufficient factual bases for the Chief Executive but, at the same time, it obliges him to
interest, involving as they do the people’s basic rights to the President’s exercise of her calling-out power, which operate within carefully prescribed procedural limitations.
freedoms of expression, of assembly and of the press. petitioners did not refute. In other cases, the Court
Moreover, the Court has the duty to formulate guiding and considered the President’s “calling-out” power as a j. General v. Urro, G.R. No. 191560, 29 March 2011
controlling constitutional precepts, doctrines or rules. It has discretionary power solely vested in his wisdom. It is
the symbolic function of educating the bench and the bar, incumbent upon the petitioner to show that the President’s Quo warranto is a remedy to try disputes with respect to the
and in the present petitions, the military and the police, on decision is totally bereft of factual basis. Nonetheless, the title to a public office. Since the petitioner merely holds an
the extent of the protection given by constitutional Court stressed that “this does not prevent an examination of acting appointment (expired acting appointment), he clearly
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 does not have a cause of action to maintain the present calling-out power is considered illegal or ultra vires. There the 1973 Constitution. Legislative power is peculiarly
petition. The essence of an acting appointment is its lies the wisdom of our Constitution, the greater the power, within the province of the Legislature. Neither Martial Law
temporariness and its consequent revocability at any time the greater are the limitations. In declaring a state of nor a state of rebellion nor a state of emergency can justify
by the appointing authority. The petitioner in a quo national emergency, President Arroyo did not only rely on President Arroyo’s exercise of legislative power by issuing
warranto proceeding who seeks reinstatement to an office, Sec. 18, Art. VII of the Constitution, but also on Sec. 17, decrees. It follows that these decrees are void and,
on the ground of usurpation or illegal deprivation, must Art. XII, a provision on the State’s extraordinary power to therefore, cannot be enforced. She cannot call the military
prove his clear right to the office for his suit to succeed; take over privately-owned public utility and business to enforce or implement certain laws. She can only order
otherwise, his petition must fail. affected with public interest. It is plain in the wordings of the military, under PP 1017, to enforce laws pertinent to its
PP 1017 that what President Arroyo invoked was her duty to suppress lawless violence.
CHAPTER III calling- out power. PP 1017 is not a declaration of Martial
STATUTES Law. As such, it cannot be used to justify acts that can be (6) PP 1017 does not authorize President Arroyo
done only under a valid declaration of Martial Law. during the emergency to temporarily take over or direct the
I. LEGISLATIVE POWER Specifically, arrests and seizures without judicial warrants, operation of any privately owned public utility or business
ban on public assemblies, take-over of news media and affected with public interest without authority from
1. LEGISLATIVE POWER IN GENERAL, agencies and press censorship, and issuance of Presidential Congress. Generally, Congress is the repository of
WHERE LODGED Decrees, are powers which can be exercised by the emergency powers. However, knowing that during grave
President as Commander-in-Chief only where there is a emergencies, it may not be possible or practicable for
a. David v. Arroyo, G.R. 171396, May valid declaration of Martial Law or suspension of the writ Congress to meet and exercise its powers, the framers of
3, 2006 of habeas corpus. our Constitution deemed it wise to allow Congress to grant
emergency powers to the President, subject to certain
(5) PP 1017 is unconstitutional insofar as it grants conditions, thus: (a)there must be a war or other
(4) PP 1017 is not a declaration of Martial Law, but
President Arroyo the authority to promulgate decrees. The emergency; (b)the delegation must be for a limited period
merely an invocation of the President’s calling-out power.
second provision of the operative portion of PP 1017 states: only; (c)the delegation must be subject to such restrictions
Section 18, Article VII of the Constitution grants the
“and to enforce obedience to all the laws and to all decrees, as the Congress may prescribe; and (d)the emergency
President, as Commander-in-Chief, a “sequence” of
orders and regulations promulgated by me personally or powers must be exercised to carry out a national policy
graduated powers. From the most to the least benign, these
upon my direction.” The operative clause of PP 1017 was declared by Congress. The taking over of private business
are: the calling-out power, the power to suspend the
lifted from PP 1081, which gave former President Marcos affected with public interest is just another facet of the
privilege of the writ of habeas corpus, and the power to
legislative power. The ordinance power granted to emergency powers generally reposed upon Congress. Thus,
declare Martial Law. The only criterion for the exercise of
President Arroyo under the Administrative Code of 1987 is when Sec. 17, Art. XII of the Constitution states that the
the calling-out power is that “whenever it becomes
limited to executive orders, administrative orders, “the State may, during the emergency and under reasonable
necessary,” the President may call the armed forces “to
proclamations, memorandum orders, memorandum terms prescribed by it, temporarily take over or direct the
prevent or suppress lawless violence, invasion or
circulars, and general or special orders. She cannot issue operation of any privately owned public utility or business
rebellion.” Considering the circumstances then prevailing,
decrees similar to those issued by former President Marcos affected with public interest,” it refers to Congress, not the
President Arroyo found it necessary to issue PP 1017.
under PP 1081. Presidential Decrees are laws which are of President. Whether or not the President may exercise such
Owing to her Office’s vast intelligence network, she is in
the same category and binding force as statutes because power is dependent on whether Congress may delegate it to
the best position to determine the actual condition of the
they were issued by the President in the exercise of his her pursuant to a law prescribing the reasonable terms
country. But the President must be careful in the exercise of
legislative power during the period of Martial Law under thereof. There is a distinction between the President’s
her powers. Every act that goes beyond the President’s
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authority to declare a state of national emergency and her Likewise, the dispersal and arrest of members of KMU, et Under the Constitution, the main function of the Executive
authority to exercise emergency powers. Her authority to al. were unwarranted. Apparently, their dispersal was done is to enforce laws enacted by Congress. The former may
declare a state of national emergency is granted by Sec. 18, merely on the basis of Malacañang’s directive canceling all not interfere in the performance of the legislative powers of
Art. VII of the Constitution, hence, no legitimate permits to hold rallies. The wholesale cancellation of all the latter, except in the exercise of his veto power. He may
constitutional objection can be raised. The exercise of permits to rally is a blatant disregard of the principle that not defeat legislative enactments that have acquired the
emergency powers, such as the taking over of privately “freedom of assembly is not to be limited, much less status of laws, by indirectly repealing the same through an
owned public utility or business affected with public denied, except on a showing of a clear and present danger executive agreement providing for the performance of the
interest, is a different matter. This requires a delegation of a substantive evil that the State has a right to prevent.” very act prohibited by said laws. In the event of conflict
from Congress. The President cannot decide whether Furthermore, the search of the Daily Tribune offices is between a treaty and a statute, the one which is latest in
exceptional circumstances exist warranting the take over of illegal. Not only that, the search violated petitioners’ point of time shall prevail, is not applicable to the case at
privately-owned public utility or business affected with freedom of the press. It cannot be denied that the CIDG bar, Hechanova not only admits, but, also, insists that the
public interest. Nor can she determine when such operatives exceeded their enforcement duties. The search contracts adverted to are not treaties. No such justification
exceptional circumstances have ceased. Likewise, without and seizure of materials for publication, the stationing of can be given as regards executive agreements not
legislation, the President has no power to point out the policemen in the vicinity of the offices, and the arrogant authorized by previous legislation, without completely
types of businesses affected with public interest that should warning of government officials to media, are plain upsetting the principle of separation of powers and the
be taken over. censorship. The “acts of terrorism” portion of G.O. No. 5 system of checks and balances which are fundamental in
is, however, unconstitutional. G.O. No. 5 mandates the our constitutional set up.
(7) The illegal implementation of PP 1017, through AFP and the PNP to immediately carry out the “necessary
G.O. No. 5, does not render these issuances and appropriate actions and measures to suppress and c. Chavez, v. JBC, G.R. 202242, April
unconstitutional. The criterion by which the validity of a prevent acts of terrorism and lawless violence.” The phrase 16, 2013
statute or ordinance is to be measured is the essential basis “acts of terrorism” is still an amorphous and vague concept.
for the exercise of power, and not a mere incidental result Since there is no law defining “acts of terrorism,” it is From a simple reading of Section 8, Article VIII, it can
arising from its exertion. PP 1017 is limited to the calling President Arroyo alone, under G.O. No. 5, who has the readily be discerned that the provision is clear and
out by the President of the military to prevent or suppress discretion to determine what acts constitute terrorism. Her unambiguous. The first paragraph calls for the creation of a
lawless violence, invasion or rebellion. It had accomplished judgment on this aspect is absolute, without restrictions. JBC and places the same under the supervision of the
the end desired which prompted President Arroyo to issue Consequently, there can be indiscriminate arrest without Court. Then it goes to its composition where the regular
PP 1021. But there is nothing in PP 1017 allowing the warrants, breaking into offices and residences, taking over members are enumerated: a representative of the Integrated
police, expressly or impliedly, to conduct illegal arrest, the media enterprises, prohibition and dispersal of all Bar, a professor of law, a retired member of the Court and a
search or violate the citizens’ constitutional rights. But assemblies and gatherings unfriendly to the administration. representative from the private sector. On the second part
when in implementing its provisions, pursuant to G.O. No. All these can be effected in the name of G.O. No. 5. These lies the crux of the present controversy. It enumerates the
5, the military and the police committed acts which violate acts go far beyond the calling-out power of the President. ex officio or special members of the JBC composed of the
the citizens’ rights under the Constitution, the Court has to Certainly, they violate the due process clause of the Chief Justice, who shall be its Chairman, the Secretary of
declare such acts unconstitutional and illegal. David, et al. Constitution. Justice and “a representative of Congress.”
were arrested without a warrant while they were exercising
their right to peaceful assembly. They were not committing b. Gonzales v. Hechanova, 9 SCRA 230 The use of the singular letter “a” preceding “representative
any crime, neither was there a showing of a clear and of Congress” is unequivocal and leaves no room for any
present danger that warranted the limitation of that right. other construction. It is indicative of what the members of
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the Constitutional Commission had in mind, that is, practice can possibly cause disorder and eventually muddle In sensu striciore, when the legislative arm of the state
Congress may designate only one (1) representative to the the JBC’s voting process, especially in the event a tie is undertakes the proposals of amendment to a Constitution,
JBC. Had it been the intention that more than one (1) reached. The aforesaid purpose would then be rendered that body is not in the usual function of lawmaking. It is not
representative from the legislature would sit in the JBC, the illusory, defeating the precise mechanism which the legislating when engaged in the amending process. Rather,
Framers could have, in no uncertain terms, so provided. Constitution itself createdWhile it would be unreasonable it is exercising a peculiar power bestowed upon it by the
to expect that the Framers provide for every possible fundamental charter itself. In the Philippines, that power is
One of the primary and basic rules in statutory construction scenario, it is sensible to presume that they knew that an provided for in Article XVI of the 1973 Constitution (for
is that where the words of a statute are clear, plain, and free odd composition is the best means to break a voting the regular National Assembly) or in Section 15 of the
from ambiguity, it must be given its literal meaning and deadlock. Transitory Provisions (for the interim National Assembly).
applied without attempted interpretation. It is a well-settled While ordinarily it is the business of the legislating body to
principle of constitutional construction that the language d. Imbong v. Ochoa, G.R. No. 204819, legislate for the nation by virtue of constitutional
employed in the Constitution must be given their ordinary April 8, 2014 conferment, amending of the Constitution is not legislative
meaning except where technical terms are employed. As in character. In political science a distinction is made
much as possible, the words of the Constitution should be The wisdom behind RH Law for it is not within the between constitutional content of an organic character and
understood in the sense they have in common use. What it province of the court but of Congress for it is where that of a legislative character. The distinction, however, is
says according to the text of the provision to be construed lawmaking power is lodged. The Supreme Court clarified one of policy, not of law. Such being the case, approval of
compels acceptance and negates the power of the courts to that it cannot go beyond what the legislature has laid down. the President of any proposed amendment is a misnomer.
alter it, based on the postulate that the framers and the Its duty is to say what the law is as enacted by the The prerogative of the President to approve or disapprove
people mean what they say. Verba legis non est lawmaking body. That is not the same as saying what the applies only to the ordinary cases of legislation. The
recedendum – from the words of a statute there should be law should be or what is the correct rule in a given set of President has nothing to do with proposition or adoption of
no departure. circumstances. It is not the province of the judiciary to look amendments to the Constitution.
into the wisdom of the law nor to question the policies
Applying the foregoing principle to this case, it becomes adopted by the legislative branch. Nor is it the business of f. La Suerte Cigar v. CA, G.R. No.
apparent that the word “Congress” used in Article VIII, the Tribunal to remedy every unjust situation that may arise 125346, November 11, 2014
Section 8(1) of the Constitution is used in its generic sense. from the application of a particular law. It is for the
No particular allusion whatsoever is made on whether the legislature to enact remedial legislation if that would be The High Court clarified that the power of taxation is
Senate or the House of Representatives is being referred to, necessary in the premises. But as always, with apt judicial inherently legislative and may be imposed or revoked only
but that, in either case, only a singular representative may caution and cold neutrality, the Court must carry out the by the legislature. Moreover, this plenary power of taxation
be allowed to sit in the JBC. delicate function of interpreting the law, guided by the cannot be delegated by Congress to any other branch of
Constitution and existing legislation and mindful of settled government or private persons, unless its delegation is
It is worthy to note that the seven-member composition of jurisprudence. The Court's function is therefore limited, and authorized by the Constitution itself. Hence, the discretion
the JBC serves a practical purpose, that is, to provide a accordingly, must confine itself to the judicial task of to ascertain the following — (a) basis, amount, or rate of
solution should there be a stalemate in voting. This saying what the law is, as enacted by the lawmaking body. tax; (b) person or property that is subject to tax; (c)
underlying reason leads the Court to conclude that a single exemptions and exclusions from tax; and (d) manner of
vote may not be divided into half (1/2), between two e. Sanidad v. COMELEC, G.R. No. L- collecting the tax — may not be delegated away by
representatives of Congress, or among any of the sitting 44640, October 12, 1976 Congress. However, it is well-settled that the power to fill
members of the JBC for that matter. This unsanctioned in the details and manner as to the enforcement and
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administration of a law may be delegated to various c. Garcillano vs., House of Rep. G.R.
specialized administrative agencies like the Secretary of It is evident that the definition of “Congress” as a bicameral 170338, December 23, 2008
Finance in this case, called as permissible delegation of body refers to its primary function in government – to
legislative powers. legislate. In the passage of laws, the Constitution is explicit The SC stressed that the exercise of judicial power is
in the distinction of the role of each house in the process. limited to the determination and resolution of actual cases
Thus, rules and regulations implementing the law are The same holds true in Congress’ non-legislative powers. and controversies and the Court will not determine a moot
designed to fill in the details or to make explicit what is An inter-play between the two houses is necessary in the question in a case in which no practical relief can be
general, which otherwise cannot all be incorporated in the realization of these powers causing a vivid dichotomy that granted. A case becomes moot when its purpose has
provision of the law. Such rules and regulations, when the Court cannot simply discount. This, however, cannot be become stale. It is unnecessary to indulge in academic
promulgated in pursuance of the procedure or authority said in the case of JBC representation because no liaison discussion of a case presenting a moot question as a
conferred upon the administrative agency by law, “deserve between the two houses exists in the workings of the JBC. judgment thereon cannot have any practical legal effect or,
to be given weight and respect by the courts in view of the Hence, the term “Congress” must be taken to mean the in the nature of things, cannot be enforced.
rule-making authority given to those who formulate them entire legislative department.
and their specific expertise in their respective fields.” To be The Senate cannot be allowed to continue with the conduct
valid, a revenue regulation must be within the scope of b. Tolentino v. Secretary of Finance of the questioned legislative inquiry without duly published
statutory authority or standard granted by the legislature. 235 SCRA 630 rules of procedure, in clear derogation of the constitutional
Specifically, the regulation must (1) be germane to the requirement. Section 21, Article VI of the 1987
object and purpose of the law; (2) not contradict, but It is not the law but the revenue bill which is required by Constitution explicitly provides that “the Senate or the
conform to, the standards the law prescribes; and (3) be the Constitution to originate exclusively in the House of House of Representatives, or any of its respective
issued for the sole purpose of carrying into effect the Representatives. To insist that a revenue statute and not committees may conduct inquiries in aid of legislation in
general provisions of our tax laws. only the bill which initiated the legislative process accordance with its duly published rules of procedure.” The
culminating in the enactment of the law must substantially requisite of publication of the rules is intended to satisfy the
2. BICAMERALISM be the same as the House bill would be to deny the Senate’s basic requirements of due process. Publication is indeed
power not only to concur with amendments but also to imperative, for it will be the height of injustice to punish or
a. Chavez, v. JBC, G.R. 202242, April propose amendments, added by the High Court. Indeed, the otherwise burden a citizen for the transgression of a law or
16, 2013 SC furthered, what the Constitution simply means is that rule of which he had no notice whatsoever, not even a
the initiative for filing revenue, tariff or tax bills, bills constructive one. What constitutes publication is set forth in
The respondents insist that owing to the bicameral nature of authorizing an increase of the public debt, private bills and Article 2 of the Civil Code, which provides that “Laws
Congress, the word “Congress” in Section 8(1), Article bills of local application must come from the House of shall take effect after 15 days following the completion of
VIII of the Constitution should be read as including both Representatives on the theory that, elected as they are from their publication either in the Official Gazette, or in a
the Senate and the House of Representatives. They theorize the districts, the members of the House can be expected to newspaper of general circulation in the Philippines.”
that it was so worded because at the time the said provision be more sensitive to the local needs and problems. Nor does
was being drafted, the Framers initially intended a the Constitution prohibit the filing in the Senate of a 3. EXTENT AND LIMITATIONS ON
unicameral form of Congress. Then, when the substitute bill in anticipation of its receipt of the bill from LEGISLATIVE POWER
Constitutional Commission eventually adopted a bicameral the House, so long as action by the Senate as a body is
form of Congress, the Framers, through oversight, failed to withheld pending receipt of the House bill.
amend Article VIII, Section 8 of the Constitution.
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 a. In re: Cunanan 94 Phil. 534 the domain of another. The Legislative department to delegate the power to the individual member of
formulates an appropriation act and in implementing the Congress.
The Judicial system from which the Philippines has been national budget the role of the Executive department. Based
derived, the act of admitting, suspending, disbarring, and on the findings and recommendations in the Report made (c) Checks and balances – Under Section 27 (2), Article
reinstating attorneys at law in the practice of the profession by CoA “an illustration of how absolute and definitive the VI of the 1987 Constitution, the President has a power to
is concededly judicial. The Constitution has not conferred power of legislators wield over project implementation in veto an item written into an appropriation, revenue or tariff
on Congress and the SC equal responsibilities concerning complete violation of the constitutional [principle of bill submitted to him by Congress for approval through a
the admission to the practice of law. The primary power separation of powers.]” the provisions under 2013 PDAF process known as “bill presentment.” After the GAA is
and responsibility which the constitution recognizes Article showed the legislators have been accorded post- passed the intermediate appropriations are made by
continue to reside in in the SC. enactment authority to identify PDAF projects. The Court legislators. It means that the actual items of PDAF
declares the 2013 PDAF Article as well as all other appropriation would not have been written into the General
The retroactivity of RA 972 (Bar-Flunkers’ Act) is invalid provisions of law which similarly allow legislators to wield Appropriations Bill and thus effectuated without veto
in such a way that what the law seeks to “cure” are not the any form of post-enactment authority in the implementation consideration. The appropriation law leaves the actual
rules set in place by the Court but the lack of will or the or enforcement of the budget, unrelated to congressional amounts and purposes of the appropriation for further
defect in judgment of the court, and this power is not oversight, as violative of the separation of powers principle determination and, therefore, does not readily indicate a
included in the power granted by the Constitution to and thus unconstitutional. discernible item which may be subject to the President's
Congress because it lies exclusively within the judiciary. power of item veto.
The law is unconstitutional because there was a manifest (b) Non-delegability of legislative power - Section 1,
encroachment on the constitutional responsibility of the Article VI of the 1987 Constitution states that such power (d) Accountability - The post-enactment features dilute
Supreme Court as it is in effect a judgment revoking the shall be vested in the Congress of the Philippines which congressional oversight and violate Section 14, Article VI
resolution of the court (denying admissions of those who shall consist of a Senate and a House of Representatives, of the 1987 Constitution, therefore impairing public
did not pass the bar), and only the SC may revise or alter except to the extent reserved to the people by the provision accountability.
them, in attempting to do so, R.A. 972 violated the on initiative and referendum. The Court observes that the
Constitution. 2013 PDAF Article confers post-enactment identification c. ABAKADA Guro Party-List v.
authority to individual legislators violates the principle of Purisima, G.R. 166715, August 14,
Through the said law, the Congress has exceeded its power non-delegability since said legislators are effectively 2008
because it has not power in the first place to repeal, alter, allowed to individually exercise the power of appropriation,
and supplement the rules on admission to the bar. which is lodged in Congress. That the power to appropriate
The power of oversight is intrinsic in the grant of
must be exercised only through legislation is clear from
legislative power itself and integral to the checks and
Section 29 (1), Article VI of the 1987 Constitution. Under
b. Belgica v. Ochoa G.R. 208566, balances inherent in a democratic system of government.
the 2013 PDAF Article, the power of appropriation,
November 19, 2013 The power of oversight embraces all activities undertaken
individual legislators are given a personal lump-sum fund
by Congress to enhance its understanding of and influence
from which they are able to dictate (a) how much from such
(a) Separation of powers – the power of the Congress is to fund would go to (b) a specific project or beneficiary that
over the implementation of legislation it has enacted.
make laws, the power of the President is to enforce laws, Oversight concerns post-enactment measures undertaken by
they themselves also determine. The 2013 PDAF Article
and the power of the Court is to interpret laws. The Congress: (a) to monitor bureaucratic compliance with
authorizes individual legislators to perform the power of
principle of separation of power is to avoid concentration of program objectives, (b) to determine whether agencies are
appropriation the Constitution does not allow the congress
these powers in any one branch and unduly encroaches on properly administered, (c) to eliminate executive waste and
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dishonesty, (d) to prevent executive usurpation of by it, retains a “right” or “power” to approve or disapprove regions are established and discussed under Sections 15 to
legislative authority, and (d) to assess executive conformity such regulations before they take effect. As such, a 21 of this Article the article wholly devoted to Local
with the congressional perception of public interest. Hence, legislative veto in the form of a congressional oversight Government.
congressional oversight is not unconstitutional per se committee is in the form of an inward-turning delegation
because it does not necessarily constitute an encroachment designed to attach a congressional leash (other than through The Congress, in passing RA No. 10153, acted strictly
on the executive power to implement laws nor undermines scrutiny and investigation) to an agency to which Congress within its constitutional mandate. Given an array of
the constitutional separation of powers. Rather, it is integral has by law initially delegated broad powers. It radically choices, it acted within due constitutional bounds and with
to the checks and balances inherent in a democratic system changes the design or structure of the Constitution’s marked reasonableness in light of the necessary
of government. It may in fact even enhance the separation diagram of power a sit entrusts to Congress a direct role in adjustments that synchronization demands. Congress,
of powers as it prevents the over-accumulation of power in enforcing, applying or implementing its own laws. therefore, cannot be accused of any evasion of a positive
the executive branch. duty or of a refusal to perform its duty nor is there reason to
d. League of Cities v. COMELEC, G.R. accord merit to the petitioners claims of grave abuse of
To forestall the danger of congressional encroachment 176951, February 15, 2011 discretion. In relation with synchronization, both autonomy
“beyond the legislative sphere,” the Constitution imposes and the synchronization of national and local elections are
two basic and related constraints on Congress. It may not The Congress has the power to exempt certain recognized and established constitutional mandates, with
vest itself, any of its committees or its members with either municipalities from the requirements of cityhood under the one being as compelling as the other. If their compelling
executive or judicial power. And, when it exercises its Local Government Code by passing subsequent laws force differs at all, the difference is in their coverage;
legislative power, it must follow the “single, finely wrought simply because the Congress has the control over local synchronization operates on and affects the whole country,
and exhaustively considered, procedures” specified under government units. Court cannot use judicial review on the while regional autonomy as the term suggests directly
the Constitution including the procedure for enactment of wisdom and clear legislative intent and it should duly carries a narrower regional effect although its national
laws and presentment. Thus, any post-enactment recognize the certain collective wisdom of both houses of effect cannot be discounted.
congressional measure such as this should be limited to Congress.
scrutiny and investigation. In particular, congressional II. STATUTES AND THEIR ENACTMENT
oversight must be confined to the following: (1) scrutiny e. Datu Michael Abas Kida v. Senate,
based primarily on Congress’ power of appropriation and G.R. 19671, October 18, 2011 1. TITLE OF BILLS
the budget hearings conducted in connection with it, its
power to ask heads of departments to appear before and be a. Lidasan v. COMELEC, 21 SCRA
The ARMM elections should be included among the
heard by either of its Houses on any matter pertaining to 496
elections to be synchronized as it is a “local” election based
their departments and its power of confirmation and (2)
on the wording and structure of the Constitution. Regional
investigation and monitoring of the implementation of laws Under the constitution, the constitutional provision on law-
elections in the ARMM for the positions of governor, vice-
pursuant to the power of Congress to conduct inquiries in making contains dual limitations upon legislative power.
governor and regional assembly representatives fall within
aid of legislation.
the classification of “local” elections, since they pertain to First. Congress is to refrain from conglomeration, under
the elected officials who will serve within the limited one statute, of heterogeneous subjects. Second. The title of
Legislative veto is a statutory provision requiring the region of ARMM. From the perspective of the Constitution, the bill is to be couched in a language sufficient to notify
President or an administrative agency to present the autonomous regions are considered one of the forms of the legislators and the public and those concerned of the
proposed implementing rules and regulations of a law to local governments, as evident from Article X of the import of the single subject thereof. Of relevance in the
Congress which, by itself or through a committee formed Constitution entitled “Local Government.” Autonomous present case, according to the SC, is the second directive.
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 benefit is a form or another species of emolument, because parties in party-list elections is manifestly
The subject of the statute must be “expressed in the title” of it is a part of compensation for services of one possessing against the Constitution, the intent of the
the bill. This constitutional requirement “breathes the spirit any office. Republic Act 3836 provides for an increase in Constitutional Commission, and R.A. No.
of command.” Compliance is imperative, given the fact that the emoluments of Senators and Members of the House of 7941. This Court cannot engage in socio-
the Constitution does not exact of Congress the obligation Representatives, to take effect upon the approval of said political engineering and judicially
to read during its deliberations the entire text of the bill. Act, which was on June 22, 1963. Retirement benefits were legislate the exclusion of major political
immediately available thereunder, without awaiting the parties from the party-list elections in
The Constitution does not require Congress to employ in expiration of the full term of all the Members of the Senate patent violation of the Constitution and the
the title of an enactment, language of such precision as to and the House of Representatives approving such increase. law.”
mirror, fully index or catalogue all the contents and the Such provision clearly runs counter to the prohibition in
minute details therein. It suffices if the title should serve the Article VI, Section 14 of the Constitution. RA 3836 is In construing together R.A. No. 7941 and the deliberations
purpose of the constitutional demand that it informs the therefore unconstitutional. of the Constitutional Commission, it can be inferred, as
legislators, the persons interested in the subject of the bill, ruled by the Court, that major political parties are allowed
and the public, of the nature, scope and consequences of the c. BANAT v. COMELEC, G.R. to establish, or form coalitions with, sectoral organizations
proposed law and its operation. And this, to lead them to 177508, August 7, 2009 for electoral or political purposes.
inquire into the body of the bill, study and discuss the same,
take appropriate action thereon, and, thus, prevent surprise To resolve the issue on the participation of major political “There should not be a problem if, for
or fraud upon the legislators. parties, the Supreme Court revisited the deliberations of the example, the Liberal Party participates in
Constitutional Commission to interpret the provision on the party-list election through the
The test of the sufficiency of a title is whether or not it is Party-List System in accordance with the intent of the Kabataang Liberal ng Pilipinas (KALIPI),
misleading; and, which technical accuracy is not essential, framers. The Supreme Court pronounced that neither the its sectoral youth wing. The other major
and the subject need not be stated in express terms where it Constitution nor R.A. No. 7941 prohibits major political political parties can thus organize, or
is clearly inferable from the details set forth, a title which is parties from participating in the party-list system. However, affiliate with, their chosen sector or
so uncertain that the average person reading it would not be it is ruled that, the framers of the Constitution clearly sectors. To further illustrate, the
informed of the purpose of the enactment or put on inquiry intended the major political parties to participate in party- Nacionalista Party can establish a
as to its contents, or which is misleading, either in referring list elections through their sectoral wings. This is also fisherfolk wing to participate in the party-
to or indicating one subject where another or different one manifested when the members of the Constitutional list election, and this fisherfolk wing can
is really embraced in the act, or in omitting any expression Commission voted down, 19-22, any permanent sectoral field its fisherfolk nominees. Kabalikat ng
or indication of the real subject or scope of the act, is bad. seats and in the alternative the reservation of the party-list Malayang Pilipino (KAMPI) can do the
system to the sectoral groups. The Court added in this wise: same for the urban poor.”
b. PHILCONSA v. Gimenez, 15 SCRA
479 (1965) “In defining a ‘party’ that participates in The Court also ruled that under Section 9 of R.A. No. 7941,
party-list elections as either a political it is not necessary that the party-list organization’s nominee
Emolument is defined as the profit arising from office or party or a sectoral party, R.A. No. 7941 to wallow in poverty, destitution and infirmity as there is no
employment; that which is received as compensation for also clearly intended that major political financial status required in the law. It is enough that the
services or which is annexed to the possession of an office, parties will participate in the party-list nominee of the sectoral party, organization or coalition
as salary, fees and perquisites. It is evident that retirement elections. Excluding the major political belongs to the marginalized and underrepresented sectors,
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that is, if the nominee represents the fisherfolk, he or she Puno and the seven Justices opined that the ruling in Ang Constitutional Commission, these are
must be a fisherfolk, or if the nominee represents the senior Bagong Bayani case must still be upheld. In this wise, said expressed in the text of the Constitution
citizens, he or she must be a senior citizen. the Chief, which the people ratified. Indeed, it is the
intent of the sovereign people that matters
In this case also, the Court pronounced that the Constitution “Today, less than a decade after, there is in interpreting the Constitution.”
or R.A. No. 7941 does not mandate the filling-up of the an attempt to undo the democratic victory
entire 20% allocation of party-list representatives found in achieved by the marginalized in the It is noteworthy that the party-list system was also in
the Constitution. The Constitution, in paragraph 1, Section political arena in Ang Bagong Bayani. In consideration of historical precedents on how the elected
5 of Article VI, left the determination of the number of the permitting the major political parties to Members of the interim Batasang Pambansa and the regular
members of the House of Representatives to Congress. The participate in the party-list system, Mr. Batasang Pambansa tried to torpedo sectoral representation
20% allocation of party-list representatives is merely a Justice Carpio relies on the deliberations and delay the seating of sectoral representatives on the
ceiling; party-list representatives cannot be more than 20% of the Constitutional Commission. ground that they could not rise to the same leveled status of
of the members of the House of Representatives. Allegedly, the said deliberations indicate dignity as those elected by the people. To avoid this bias
Having ruled it by the Court, the Court, nonetheless, said that the party-list system is open to all against sectoral representatives, the President was given all
that it cannot allow the continued existence of a provision political parties, as long as they field the leeway to break new ground and precisely plant the
in the law, which will systematically prevent the candidates who come from the different seeds for sectoral representation so that the sectoral
constitutionally allocated 20% party-list representatives marginalized sectors. Buttressing his view, representatives will take roots and be part and parcel
from being filled. Furthermore, the Court also ruled that the Mr. Justice Carpio notes that the major exactly of the process of drafting the law which will
three-seat cap, as a limitation to the number of seats that a political parties also fall within the term stipulate and provide for the concept of sectoral
qualified party-list organization may occupy, remains a “political parties” in the Definition of representation.
valid statutory device that prevents any party from Terms in Republic Act 7941, otherwise
dominating the party-list elections. Seats for party-list known as the Party-List System Act. Chief Justice Puno opined that the Court should remember
representatives shall thus be allocated in accordance with Likewise, he holds that the qualifications of that while it is permissible in this jurisdiction to consult the
the guidelines abovementioned. However, due to the vote a party-list nominee as prescribed in debates and proceedings of the constitutional convention in
of 8-7, the Court decided to continue the ruling in Veterans Section 9 of the said law do not specify any order to arrive at the reason and purpose of the resulting
case disallowing major political parties from participating financial status or educational Constitution, resort thereto may be had only when other
in the party-list elections, directly or indirectly. This is in requirement, hence, it is not necessary for guides fail as said proceedings are powerless to vary the
line with the Concurring and Dissenting Opinion of Chief the party-list nominee to wallow in poverty, terms of the Constitution when the meaning is clear.
Justice Reynato S. Puno. destitution and infirmity. It is then Debates in the constitutional convention are of value as
concluded that major political parties may showing the views of the individual members, and as
CONCURRING and DISSENTING OPINION now participate in the party-list system. indicating the reason for their votes, but they give no light
– JUSTICE PUNO With all due respect, I cannot join this as to the views of the large majority who did not talk, much
Chief Justice Puno as joined by seven other submission. We stand on solid grounds less of the mass or our fellow citizens whose votes at the
Justices contended that the participation of the major when we interpret the Constitution to give polls gave that instrument the force of fundamental law.
political parties in the election of party-list representatives, utmost deference to the democratic
directly or indirectly, is not the intention of the Constitution sympathies, ideals and aspirations of the Chief said that, it is safer to construe the constitution from
in harmony with other provisions therein. Chief Justice people. More than the deliberations in the what appears upon its face and it must be harmonized with
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the other provisions and to make every word of the It is a well-settled rule that courts are to adopt a liberal The House of Representatives and the Senate in the
fundamental law operative and avoid rendering some words interpretation in favor of the constitutionality of a exercise of their legislative discretion gave full recognition
idle and nugatory, and by harmonizing Article VI, Section legislation, as Congress is deemed to have enacted a valid, to the Presidents certification for urgency and promptly
5 with related constitutional provisions, it will result to sensible, and just law. Because of this strong presumption, enacted RA No. 10153. Under the circumstances, nothing
revealing the better intent of the people, as the sovereign the one who asserts the invalidity of a law has to prove that short of grave abuse of discretion on the part of the two
Filipinos who ordained and promulgated the Constitution, there is a clear, unmistakable, and unequivocal breach of houses of Congress can justify our intrusion under our
as regards the party-list system. the Constitution; otherwise, the petition must fail. There power of judicial review. The petitioners, however, failed
must be a compelling reason that would surpass the strong to provide with any cause or justification for this course of
Chief Justice Reynato Puno ended his separate opinion by presumption of validity and constitutionality in favor of the action. Hence, while the judicial department and Court are
providing a wise interpretation of history behind party-list Fair Election Act. not bound by the acceptance of the President’s certification
system, he said, by both the House of Representatives and the Senate,
The proscription under Section 26(1), Article VI of the prudent exercise of our powers and respect due to the co-
“In sum, the evils that faced our Constitution is aimed against the evils of the so-called equal branches of government in matters committed to
marginalized and underrepresented people omnibus bills and log-rolling legislation as well as them by the Constitution, caution a stay of the judicial
at the time of the framing of the 1987 surreptitious and/or unconsidered encroaches. The hand, the High Court added. In any case, according to the
Constitution still haunt them today. It is provision merely calls for all parts of an act relating to its Court, despite the Presidents certification, the two-fold
through the party-list system that the subject finding expression in its title. To determine whether purpose that underlies the requirement for three readings on
Constitution sought to address this there has been compliance with the constitutional separate days of every bill must always be observed to
systemic dilemma. In ratifying the requirement that the subject of an act shall be expressed in enable our legislators and other parties interested in
Constitution, our people recognized how its title, the Court laid down the rule that Constitutional pending bills to intelligently respond to them. Specifically,
the interests of our poor and powerless provisions relating to the subject matter and titles of the purpose with respect to Members of Congress is: (1) to
sectoral groups can be frustrated by the statutes should not be so narrowly construed as to cripple or inform the legislators of the matters they shall vote on and
traditional political parties who have the impede the power of legislation. The requirement that the (2) to give them notice that a measure is in progress
machinery and chicanery to dominate our subject of an act shall be expressed in its title should through the enactment process. The Court finds, based on
political institutions. If we allow major receive a reasonable and not a technical construction. It is the records of the deliberations on the law, that both
political parties to participate in the party- sufficient if the title be comprehensive enough reasonably advocates and the opponents of the proposed measure had
list system electoral process, we will surely to include the general object which a statute seeks to effect, sufficient opportunities to present their views. In this light,
suffocate the voice of the marginalized, without expressing each and every end and means no reason exists to nullify RA No. 10153 on the cited
frustrate their sovereignty and betray the necessary or convenient for the accomplishing of that ground.
democratic spirit of the Constitution. That object. Mere details need not be set forth. The title need not
opinion will serve as the graveyard of the be an abstract or index of the Act. b. Tolentino v. Secretary of Finance
party-list system.” 235 SCRA 630
2. FORMALITIES
d. Giron v. COMELEC, G.R. 188179, A bill may be passed even if the three reading were not
January 22, 2013 a. Datu Michael Abas Kida v. Senate, done in separate days if certified. Hence, when the
G.R. 19671, October 18, 2011 President had certified S. No. 1630 as urgent, such
presidential certification dispensed with the requirement
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not only of printing but also that of reading the bill on political questions to which Courts may not inquire as a
separate days. That upon the certification of a bill by the b. ABAKADA Guro Party-List v. courtesy.
President the requirement of 3 readings on separate days Purisima, G.R. 166715, August 14,
and of printing and distribution can be dispensed with is 2008 b. Casco Phils. Chemical Co., Inc. v.
supported by the weight of legislative practice. Gimenez, G.R. L-17931, February
Legislative veto is a statutory provision requiring the 28, 1963
c. PHILJA vs., Prado, G.R. 105371, President or an administrative agency to present the
November 11, 1993 proposed implementing rules and regulations of a law to The opinions or statements of any member of Congress
Congress which, by itself or through a committee formed during the deliberation of the said law/bill do not represent
Article VI, Sec. 26 (l), of the Constitution providing that by it, retains a “right” or “power” to approve or disapprove the entirety of the Congress itself. What is printed in the
“Every bill passed by the Congress shall embrace only one such regulations before they take effect. As such, a enrolled bill would be conclusive upon the courts. The
subject which shall be expressed in the title thereof.” The legislative veto in the form of a congressional oversight enrolled bill is conclusive upon the courts as regards the
title of the bill is not required to be an index to the body of committee is in the form of an inward-turning delegation tenor of the measure passed by Congress and approved by
the act, or to be as comprehensive as to cover every single designed to attach a congressional leash (other than through the President. If there has been any mistake in the printing
detail of the measure. It has been held that if the title fairly scrutiny and investigation) to an agency to which Congress of the bill before it was certified by the officers of Congress
indicates the general subject, and reasonably covers all the has by law initially delegated broad powers. It radically and approved by the Executive — on which the SC cannot
provisions of the act, and is not calculated to mislead the changes the design or structure of the Constitution’s speculate, without jeopardizing the principle of separation
legislature or the people, there is sufficient compliance with diagram of power a sit entrusts to Congress a direct role in of powers and undermining one of the cornerstones of our
the constitutional requirement. The SC ruled that although, enforcing, applying or implementing its own laws. democratic system — the remedy is by amendment or
it is convinced that the withdrawal of the franking privilege curative legislation, not by judicial decree.
from some agencies is germane to the accomplishment of III. EVIDENCE OF DUE ENACTMENT OF LAWS
the principal objective of R.A. No. 7354, which is the c. Morales v. Subido, G.R. 29658,
creation of a more efficient and effective postal service 1. ENROLLED BILL THEORY November 29, 1968
system. However, its ruling is that, by virtue of its nature as
a repealing clause, Section 35 did not have to be expressly a. Mabanag v. Lopez-Vito, G.R. L- The enrolled Act in the office of the legislative secretary of
included in the title of the said law. 1223, March 5, 1947 the President of the Philippines shows that Section 10 is
exactly as it is in the statute as officially published in slip
3. APPROVAL OF BILLS An enrolled bill is binding to the Supreme Court. But the form by the Bureau of Printing. The SC cannot go beyond
Court may determine if there were irregularities in the the enrolled Act to discover what really happened. The
a. Bolinao Electronics v. Valencia, G.R. journal of Congress, it if finds no irregularities, then such respect due to the other branches of the Government
L-20740, June 30, 1964 Journal is binding and the enrolled bill as deliberated in the demands that the SC act upon the faith and credit of what
said Journal is conclusive to the Court. An enrolled bill the officers of the said branches attest to as the official acts
Executive’s veto power does not carry with it the power to deserves respect by the court because it has been duly of their respective departments. Otherwise the SC would be
strike out conditions or restrictions. Thus, if the veto is introduced, finally passed by both houses, signed by the cast in the unenviable and unwanted role of a sleuth trying
unconstitutional, it follows that the same produced no effect proper officers of each House, approved by the president to determine what actually did happen in the labyrinth of
whatsoever; and the restriction imposed by the and filed by the secretary of state. The deliberation as lawmaking, with consequent impairment of the integrity of
appropriation bill, therefore, remains. reflected in the Journals of both Houses are considered the legislative process. The SC is not of course to be
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understood as holding that in all cases the journals must prerogative of a coequal department for this Court either to the risks of misprinting and other errors, the journal can be
yield to the enrolled bill. To be sure there are certain set aside a legislative action as void because the Court looked upon in this case. The SC is merely asked to inquire
matters which the Constitution expressly requires must be thinks the House has disregarded its own rules of whether the text of House Bill No. 9266 signed by the
entered on the journal of each house. To what extent the procedure, or to allow those defeated in the political arena President was the same text passed by both Houses of
validity of a legislative act may be affected by a failure to to seek a rematch in the judicial forum when petitioners can Congress. Under the specific facts and circumstances of
have such matters entered on the journal, is a question find their remedy in that department itself. this case, the SC can do this and resort to the Senate journal
which the SC can decide upon but is not currently being for the purpose. The journal discloses that substantial and
confronted in the case at bar hence the SC does not now The Court has not been invested with a roving commission lengthy amendments were introduced on the floor and
decide. All the SC holds is that with respect to matters not to inquire into complaints, real or imagined, of legislative approved by the Senate but were not incorporated in the
expressly required to be entered on the journal, the enrolled skullduggery. It would be acting in excess of its power and printed text sent to the President and signed by him. Note
bill prevails in the event of any discrepancy. would itself be guilty of grave abuse of its discretion were however that the SC is not asked to incorporate such
it to do so. amendments into the alleged law but only to declare that
the bill was not duly enacted and therefore did not become
d. Arroyo v. De Venecia, G.R. 127255, 2. JOURNAL ENTRY RULE law. As done by both the President of the Senate and the
August 14, 1997 Chief Executive, when they withdrew their signatures
therein, the SC also declares that the bill intended to be as it
a. United States v. Pons, 34 Phil 729
The Rules of each House of Congress are hardly permanent is supposed to be was never made into law. To perpetuate
(1916)
in character. They are subject to revocation, modification or that error by disregarding such rectification and holding
waiver at the pleasure of the body adopting them as they that the erroneous bill has become law would be to sacrifice
The SC may look into the Journals to ascertain the date of
are primarily procedural. Courts ordinarily have no concern truth to fiction and bring about mischievous consequences
adjournment but the SC refused to go beyond the recitals in
with their observance. They may be waived or disregarded not intended by the law-making body.
the legislative Journals. The said Journals are conclusive on
by the legislative body. Consequently, mere failure to the Court and to inquire into the veracity of the journals of
conform to them does not have the effect of nullifying the IV. EFFECT OF STATUTES
the Philippine Legislature, when they are, as the SC have
act taken if the requisite number of members has agreed to said, clear and explicit, would be to violate both the letter
a particular measure. But this is subject to qualification. 1. WHEN THE CONSTITUTION BECOMES
and the spirit of the organic laws by which the Philippine
Where the construction to be given to a rule affects person EFFECTIVE
Government was brought into existence, to invade a
other than members of the legislative body, the question coordinate and independent department of the Government,
presented is necessarily judicial in character. Even its a. Alfredo M. de Leon v. Hon.
and to interfere with the legitimate powers and functions of
validity is open to question in a case where private rights Benjamin B. Esguerra, G.R. No.
the Legislature. The Journals and the enrolled bill are
are involved. When the matter complained of concerns a 78059, August 31, 1987
conclusive to the Court.
matter of internal procedure of the House, the Court should
not be concerned. 1. POLITICAL LAW; 1987 CONSTITUTION; DATE OF
b. Astorga v. Villegas, G.R. 23475,
RATIFICATION; RETROACTS ON THE DAY OF THE
April 30, 1974
Enrolled bill doctrine must be given respect because to PLEBISCITE. — The main issue resolved in the judgment
disregard the “enrolled bill” rule in such cases would be to at bar is whether the 1987 Constitution took effect on
The journal of the proceedings of each House of Congress February 2, 1987, the date that the plebiscite for its
disregard the respect due the other two departments of our is no ordinary record. The Constitution requires it. While it
government. It would be an unwarranted invasion of the ratification was held or whether it took effect on February
is true that the journal is not authenticated and is subject to
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11, 1987, the date its ratification was proclaimed per on the same date February 2, 1987 and (2) by and after said
Proclamation No. 58 of the President of the Philippines, date, February 2, 1987, absent any saying clause to the ADMINISTRATIVE CODE OF THE PHILIPPINES
Corazon C. Aquino. The thrust of the dissent is that the contrary in the Transitory Article of the Constitution, BOOK I
Constitution should be deemed to "take effect on the date respondent OIC Governor could no longer exercise the CHAPTER 5
its ratification shall have been ascertained and not at the power to replace petitioners in their positions as Barangay OPERATION AND EFFECT OF LAWS
time the people cast their votes to approve or reject it." This Captain and Councilmen. Hence, the attempted
view was actually proposed at the Constitutional replacement of petitioners by respondent OIC Governor's
Section 18. When Laws Take Effect. - Laws shall take
Commission deliberations, but was withdrawn by its designation on February 8, 1987 of their successors could
effect after fifteen (15) days following the completion of
proponent in the face of the "overwhelming" contrary view no longer produce any legal force and effect. While the
their publication in the Official Gazette or in a newspaper
that the Constitution "will be effective on the very day of Provisional Constitution provided for a one-year period
of general circulation, unless it is otherwise provided.
the plebiscite." The record of the proceedings and debates expiring on March 25, 1987 within which the power of
of the Constitutional Commission fully supports the Court's replacement could be exercised, this period was shortened
judgment. It shows that the clear, unequivocal and express by the ratification and effectivity on February 2, 1987 of Section 19. Prospectivity. - Laws shall have prospective
intent of the Constitutional Commission in unanimously the Constitution. Had the intention of the framers of the effect unless the contrary is expressly provided.
approving (by thirty-five votes in favor and none against) Constitution been otherwise, they would have so provided
the aforequoted Section 27 of Transitory Article XVIII of for in the Transitory Article, as indeed they provided for Section 20. Interpretation of Laws and Administrative
the 1987 Constitution was that "the act of ratification is the multifarious transitory provisions in twenty six sections of Issuances. - In the interpretation of a law or administrative
act of voting by the people. So that is the date of the Article XVIII, e.g. extension of the six-year term of the issuance promulgated in all the official languages, the
ratification" and that "the canvass thereafter [of the votes] incumbent President and Vice-President to noon of June 30, English text shall control, unless otherwise specifically
is merely the mathematical confirmation of what was done 1992 for purposes of synchronization of elections, the provided. In case of ambiguity, omission or mistake, the
during the date of the plebiscite and the proclamation of the continued exercise of legislative powers by the incumbent other texts may be consulted.
President is merely the official confirmatory declaration of President until the convening of the first Congress, etc.
an act which was actually done by the Filipino people in Section 21. No Implied Revival of Repealed Law.- When a
adopting the Constitution when they cast their votes on the 2. WHEN STATUTES BECOME law which expressly repeals a prior law itself repealed, the
date of the plebiscite." EFFECTIVE law first repealed shall not be thereby revived unless
expressly so provided.
2. ID.; PROVISIONAL CONSTITUTION; TENURE OF a. Civil Code, Article 2
GOVERNMENT FUNCTIONARIES; ONE YEAR Section 22. Revival of Law Impliedly Repealed. - When a
PERIOD WITHIN WHICH TO DESIGNATE Laws shall take effect after fifteen days following the law which impliedly repeals a prior law is itself repealed,
SUCCESSOR SHORTENED BY THE RATIFICATION completion of their publication in the Official Gazette, the prior law shall thereby be revived, unless the repealing
AND EFFECTIVITY ON FEBRUARY 2, 1987 OF THE unless it is otherwise provided. This Code shall take effect law provides otherwise.
CONSTITUTION. — The Court next holds as a one year after such publication.
consequence of its declaration at bar that the Constitution Section 23. Ignorance of the Law. - Ignorance of the law
took effect on the date of its ratification in the plebiscite b. Administrative Code, Book I, excuses no one from compliance therewith.
held on February 2, 1987, that: (1) the Provisional Chapter 5, Section 18
Constitution promulgated on March 25, 1986 must be c. Administrative Code, Book I, CHAPTER 6
deemed to have been superseded by the 1987 Constitution Chapter 6, Sections 24 – 25 OFFICIAL GAZETTE
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 Publication is indispensable in every case, but the question in the political forums or, if he is a proper party,
Section 24. Contents. - There shall be published in the legislature may in its discretion provide that the usual even in the courts of justice. In fact, a law without any
Official Gazette all legislative acts and resolutions of a fifteen-day period shall be shortened or extended. An bearing on the public would be invalid as an intrusion of
public nature; all executive and administrative issuances of example, as pointed out by the present Chief Justice in his privacy or as class legislation or as an ultra vires act of the
general application; decisions or abstracts of decisions of separate concurrence in the original decision, 6 is the Civil legislature. To be valid, the law must invariably affect the
the Supreme Court and the Court of Appeals, or other Code which did not become effective after fifteen days public interest even if it might be directly applicable only to
courts of similar rank, as may be deemed by said courts of from its publication in the Official Gazette but “one year one individual, or some of the people only, and not to the
sufficient importance to be so published; such documents after such publication.” The general rule did not apply public as a whole.
or classes of documents as may be required so to be because it was “otherwise provided.”
published by law; and such documents or classes of We hold therefore that all statutes, including those of local
documents as the President shall determine from time to It is not correct to say that under the disputed clause application and private laws, shall be published as a
time to have general application or which he may authorize publication may be dispensed with altogether. The reason is condition for their effectivity, which shall begin fifteen
so to be published. that such omission would offend due process insofar as it days after publication unless a different effectivity date is
The publication of any law, resolution or other official would deny the public knowledge of the laws that are fixed by the legislature. Covered by this rule are
documents in the Official Gazette shall be prima facie supposed to govern it. Surely, if the legislature could presidential decrees and executive orders promulgated by
evidence of its authority. lawphi1.net validly provide that a law shall become effective the President in the exercise of legislative powers whenever
immediately upon its approval notwithstanding the lack of the same are validly delegated by the legislature or, at
Section 25. Editing and Publications. - The Official Gazette publication (or after an unreasonably short period after present, directly conferred by the Constitution.
shall be edited in the Office of the President and published publication), it is not unlikely that persons not aware of it Administrative rules and regulations must also be published
weekly in Pilipino or in the English language. It shall be would be prejudiced as a result; and they would be so not if their purpose is to enforce or implement existing law
sold and distributed by the National Printing Office which because of a failure to comply with it but simply because pursuant also to a valid delegation. Interpretative
shall promptly mail copies thereof to subscribers free of they did not know of its existence. Significantly, this is not regulations and those merely internal in nature, that is,
postage. true only of penal laws as is commonly supposed. One can regulating only the personnel of the administrative agency
think of many non-penal measures, like a law on and not the public, need not be published. Neither is
d. Tanada v. Tuvera, G.R. No. 63915, prescription, which must also be communicated to the publication required of the so-called letters of instructions
29 December 1986 persons they may affect before they can begin to operate. issued by administrative superiors concerning the rules or
guidelines to be followed by their subordinates in the
After a careful study of this provision and of the arguments The term “laws” should refer to all laws and not only to performance of their duties. Accordingly, even the charter
those of general application, for strictly speaking all laws of a city must be published notwithstanding that it applies
of the parties, both on the original petition and on the
relate to the people in general albeit there are some that do to only a portion of the national territory and directly
instant motion, we have come to the conclusion, and so
not apply to them directly. An example is a law granting affects only the inhabitants of that place. All presidential
hold, that the clause "unless it is otherwise provided" refers
citizenship to a particular individual, like a relative of decrees must be published, including even, say, those
to the date of effectivity and not to the requirement of
President Marcos who was decreed instant naturalization. It naming a public place after a favored individual or
publication itself, which cannot in any event be omitted.
surely cannot be said that such a law does not affect the exempting him from certain prohibitions or requirements.
This clause does not mean that the legislature may make
public although it unquestionably does not apply directly to The circulars issued by the Monetary Board must be
the law effective immediately upon approval, or on any
all the people. The subject of such law is a matter of public published if they are meant not merely to interpret but to
other date, without its previous publication.
interest which any member of the body politic may
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"fill in the details" of the Central Bank Act which that body 1. COMMERCIAL LAW; PRIVATE CORPORATIONS; Aquino on January 2, 1992. Therefore, said law became
is supposed to enforce. LIQUIDATION; CONSTRUED; CONCEPT OF effective on said date.
LIQUIDATION IS CONTRARY TO CONCEPT OF
However, no publication is required of the instructions REHABILITATION SUCH THAT BOTH CANNOT BE 3. WHEN REGULATIONS BECOME
issued by, say, the Minister of Social Welfare on the case UNDERTAKEN AT THE SAME TIME. — Liquidation, in EFFECTIVE
studies to be made in petitions for adoption or the rules laid corporation law, connotes a winding up or settling with
down by the head of a government agency on the creditors and debtors. It is the winding up of a corporation a. Administrative Code, Book VII,
assignments or workload of his personnel or the wearing of so that assets are distributed to those entitled to receive Sections 2 – 9
office uniforms. Parenthetically, municipal ordinances are them. It is the process of reducing assets to cash,
not covered by this rule but by the Local Government discharging liabilities and dividing surplus or loss. It is BOOK VII
Code. crystal clear that the concept of liquidation is diametrically ADMINISTRATIVE PROCEDURE
opposed or contrary to the concept of rehabilitation, such CHAPTER 1
e. Philippine Veterans Bank v. Vega, that both cannot be undertaken at the same time. To allow
GENERAL PROVISIONS
G.R. No. 105364, 28 June 2001 the liquidation proceedings to continue would seriously
hinder the rehabilitation of the subject rank.
Section 1. Scope. - This Book shall be applicable to all
During the pendency of Case No. SP-32311, a petition for agencies as defined in the next succeeding section, except
assistance in the liquidation of the Philippine Veterans 2. ID.; ID.; REHABILITATION; CONSTRUED. — On the
the Congress, the Judiciary, the Constitutional
Bank (PVB). Republic Act No. 7169 providing for the opposite end of the spectrum is rehabilitation which
Commissions, military establishments in all matters relating
rehabilitation of the bank, was passed into law. It was connotes a reopening or reorganization. Rehabilitation
exclusively to Armed Forces personnel, the Board of
approved by the President on January 2, 1992 and contemplates a continuance of corporate life and activities
Pardons and Parole, and state universities and colleges.
published in the Official Gazette on February 24, 1992. in an effort to restore and reinstate the corporation to its
Section 2. Definitions. - As used in this Book:
Meanwhile, PVB filed a motion to terminate liquidation former position of successful operation and solvency.
(1) "Agency" includes any department, bureau, office,
proceedings with respondent judge in view of the passage commission, authority or officer of the National
of R.A. No. 7169. Another motion of the same character 3. CIVIL LAW; EFFECTIVITY OF LAWS; WHEN
Government authorized by law or executive order to make
was filed by the liquidator, but respondent judge continued LAWS SHALL TAKE EFFECT; SECTION 10 OF R.A.
rules, issue licenses, grant rights or privileges, and
with the proceedings. August 3, 1992, the PVB opened its NO. 7169 SHALL TAKE EFFECT UPON ITS
adjudicate cases; research institutions with respect to
doors to the public and started regular banking operations. APPROVAL. — While as a rule, laws take effect after
licensing functions; government corporations with respect
fifteen (15) days following the completion of their
to functions regulating private right, privileges, occupation
The enactment of Republic Act No. 7169 has rendered the publication in the Official Gazette or in a newspaper of
or business; and officials in the exercise of disciplinary
liquidation court functus officio and respondent judge has general circulation in the Philippines, the legislature has the
power as provided by law.
been stripped of the authority to issue orders involving acts authority to provide for exceptions, as indicated in the
(2) "Rule" means any agency statement of general
of liquidation. Liquidation connotes a winding up or clause "unless otherwise provided." In the case at bar,
applicability that implements or interprets a law, fixes and
settling with the creditors and debtors while rehabilitation Section 10 of R.A. No. 7169 provides: Sec. 10. Effectivity.
describes the procedures in, or practice requirements of, an
connotes a reopening or reorganization. Both are — This Act shall take effect upon its approval. Hence, it is
agency, including its regulations. The term includes
diametrically opposed to each other, such that both cannot clear that the legislature intended to make the law effective
memoranda or statements concerning the internal
be undertaken at the same time. immediately upon its approval. It is undisputed that R.A.
administration or management of an agency not affecting
No. 7169 was signed into law by President Corazon C.
the rights of, or procedure available to, the public.
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(3) "Rate" means any charge to the public for a service (12) "Sanction" includes the whole or part of a prohibition, Section 4. Effectivity. - In addition to other rule-making
open to all and upon the same terms, including individual limitation or other condition affecting the liberty of any requirements provided by law not inconsistent with this
or joint rates, tolls, classifications, or schedules thereof, as person; the withholding of relief; the imposition of penalty Book, each rule shall become effective fifteen (15) days
well as commutation, mileage, kilometerage and other or fine; the destruction, taking, seizure or withholding of from the date of filing as above provided unless a different
special rates which shall be imposed by law or regulation to property; the assessment of damages, reimbursement, date is fixed by law, or specified in the rule in cases of
be observed and followed by any person. restitution, compensation, cost, charges or fees; the imminent danger to public health, safety and welfare, the
(4) "Rule making" means an agency process for the revocation or suspension of license; or the taking of other existence of which must be expressed in a statement
formulation, amendment, or repeal of a rule. compulsory or restrictive action. accompanying the rule. The agency shall take appropriate
(5) "Contested case" means any proceeding, including (13) "Relief" includes the whole or part of any grant of measures to make emergency rules known to persons who
licensing, in which the legal rights, duties or privileges money, assistance, license, authority, privilege, exemption, may be affected by them.
asserted by specific parties as required by the Constitution exception, or remedy; recognition of any claim, right, Section 5. Publication and Recording. - The University of
or by law are to be determined after hearing. immunity, privilege, exemption or exception; or taking of the Philippines Law Center shall:
(6) "Person" includes an individual, partnership, any action upon the application or petition of any person. (1) Publish a quarter bulletin setting forth the text of rules
corporation, association, public or private organization of (14) "Agency proceeding" means any agency process with filed with it during the preceding quarter; and
any character other than an agency. respect to rule-making, adjudication and licensing. (2) Keep an up-to-date codification of all rules thus
(7) "Party" includes a person or agency named or admitted 1. "Agency action" includes the whole or part of published and remaining in effect, together with a complete
as a party, or properly seeking and entitled as of right to be every agency rule, order, license, sanction, relief or its index and appropriate tables.
admitted as a party, in any agency proceeding; but nothing equivalent or denial thereof. Section 6. Omission of Some Rules. -
herein shall be construed to prevent an agency from (1) The University of the Philippines Law Center may omit
admitting any person or agency as a party for limited CHAPTER 2 from the bulletin or the codification any rule if its
purposes. RULES AND REGULATIONS publication would be unduly cumbersome, expensive or
(8) "Decision" means the whole or any part of the final otherwise inexpedient, but copies of that rule shall be made
disposition, not of an interlocutory character, whether Section 3. Filing. - available on application to the agency which adopted it, and
affirmative, negative, or injunctive in form, of an agency in (1) Every agency shall file with the University of the the bulletin shall contain a notice stating the general subject
any matter, including licensing, rate fixing and granting of Philippines Law Center three (3) certified copies of every matter of the omitted rule and new copies thereof may be
rights and privileges. rule adopted by it. Rules in force on the date of effectivity obtained.
(9) "Adjudication" means an agency process for the of this Code which are not filed within three (3) months (2) Every rule establishing an offense or defining an act
formulation of a final order. from that date shall not thereafter be the basis of any which, pursuant to law, is punishable as a crime or subject
(10) "License" includes the whole or any part of any agency sanction against any party or persons. to a penalty shall in all cases be published in full text.
permit, certificate, passport, clearance, approval, (2) The records officer of the agency, or his equivalent
registration, charter, membership, statutory exemption or functionary, shall carry out the requirements of this section Section 7. Distribution of Bulletin and Codified Rules. -
other form of permission, or regulation of the exercise of a under pain of disciplinary action. The University of the Philippines Law Center shall furnish
right or privilege. (3) A permanent register of all rules shall be kept by the one (1) free copy each of every issue of the bulletin and of
(11) "Licensing" includes agency process involving the issuing agency and shall be open to public inspection. the codified rules or supplements to the Office of the
grant, renewal, denial, revocation, suspension, annulment, President, Congress, all appellate courts and the National
withdrawal, limitation, amendment, modification or Library. The bulletin and the codified rules shall be made
conditioning of a license. available free of charge to such public officers or agencies
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as the Congress may select, and to other persons at a price published as required by law before its violation, then in the in the Official Gazette, even if the law itself provides for
sufficient to cover publication and mailing or distribution eyes of the law there was no such circular to be violated the date of its effectivity.
costs. and consequently the accused committed no violation of the
circular, and the trial court may be said to have no 3. ID.; ID.; ID.; RATIONALE. — The clear object of
Section 8. Judicial Notice. - The court shall take judicial jurisdiction. This question may be raised at any stage of the Article 2 of the Civil Code is to give the general public
notice of the certified copy of each rule duly filed or as proceedings whether or not raised in the court below. adequate notice of the various laws which are to regulate
published in the bulletin or the codified rules. their actions and conduct as citizens. Without such notice
c. Tanada vs. Tuvera, G.R. No. L- and publication, there would be no basis for the application
Section 9. Public Participation. - 63915 April 24, 1985 of the maxim "ignorantia legis non excusat." It would be
(1) If not otherwise required by law, an agency shall, as far the height of injustice to punish or otherwise burden a
as practicable, publish or circulate notices of proposed rules 1. CONSTITUTIONAL LAW; STATUTES; citizen for the transgression of a law of which he had no
and afford interested parties the opportunity to submit their PUBLICATION IN THE OFFICIAL GAZETTE; LEGAL notice whatsoever, not even a constructive one.
views prior to the adoption of any rule. PERSONALITY OF PETITIONERS TO FILE
(2) In the fixing of rates, no rule or final order shall be valid MANDAMUS TO COMPEL PUBLICATION, 4. ID.; ID.; ID.; PUBLICATION OF PRESIDENTIAL
unless the proposed rates shall have been published in a RECOGNIZED. — The subject of the petition is to compel ISSUANCES "OF A PUBLIC NATURE" OR "OF
newspaper of general circulation at least two (2) weeks the performance of a public duty and petitioners maintain GENERAL APPLICABILITY," A REQUIREMENT OF
before the first hearing thereon. they need not show any specific interest for their petition to DUE PROCESS; UNPUBLISHED PRESIDENTIAL
(3) In case of opposition, the rules on contested cases shall be given due course. The right sought to be enforced by ISSUANCES WITHOUT FORCE AND EFFECT. — The
be observed. petitioners is a public right recognized by no less than the publication of all presidential issuances "of a public nature"
fundamental law of the land. If petitioners were not allowed or "of general applicability" is mandated by law.
b. People vs. Que Po Lay, G.R. No. L- to institute this proceeding, it would indeed be difficult to Obviously, presidential decrees that provide for fines,
6791, March 29, 1954 conceive of any other person to initiate the same, forfeitures or penalties for their violation or otherwise
considering that the Solicitor General, the government impose a burden on the people, such as tax and revenue
officer generally empowered to represent the people, has measures, fall within this category. Other presidential
1. CRIMINAL LAW; PENAL LAWS AND
entered his appearance for respondents in this case. issuances which apply only to particular persons such as
REGULATIONS IMPOSING PENALTIES, NEED BE
administrative and executive orders need not be published
PUBLISHED IN THE OFFICIAL GAZETTE BEFORE IT
2. ID.; ID.; ID.; ARTICLE 2 CIVIL CODE DOES NOT on the assumption that they have been circularized to all
MAY BECOME EFFECTIVE. — Circulars and
PRECLUDE PUBLICATION IN THE OFFICIAL concerned. (People vs. Que Po Lay, 94 Phil. 640; Balbuena,
regulations, especially like Circular No. 20 of the Central
GAZETTE EVEN IF THE LAW ITSELF PROVIDES et al. vs. Secretary of Education, et al., 110 Phil. 150) It is
Bank which prescribes a penalty for its violation, should be
published before becoming effective. Before the public FOR DATE OF ITS EFFECTIVITY. — That publication needless to add that the publication of presidential
in the Official Gazette is not a sine qua non requirement for issuances "of a public nature" or "of general applicability"
may be bound by its contents, especially its penal
the effectivity of laws where the laws themselves provide is a requirement of due process. It is a rule of law that
provisions, a law, regulation or circular must be published
for their own effectivity dates is correct only insofar as it before a person may be bound by law, he must first be
and the people officially and specifically informed of said
equates the effectivity of laws with the fact of publication. officially and specifically informed of its contents. The
contents and its penalties.
Considered in the light of other statutes applicable to the Court therefore declares that presidential issuances of
2. ID.; JURISDICTION; APPEALS; QUESTIONS THAT
issue at hand, the conclusion is easily reached that said general application, which have not been published, shall
MAY BE RAISED FOR THE FIRST TIME ON APPEAL.
Article 2 does not preclude the requirement of publication have no force and effect.
— If as a matter of fact Circular No. 20 had not been
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 2. ID.; ID.; ID.; ID.; REQUIREMENT IN ART. 2 CIVIL and laws published and ascertainable and of equal
5. ID.; ID.; ID.; DECLARATION OF INVALIDITY OF CODE DOES NOT HAVE THE JUDICIAL FORCE OF A application to all similarly circumstanced and not subject to
UNPUBLISHED PRESIDENTIAL DECREES DOES CONSTITUTIONAL COMMAND. — The Chief Justice's arbitrary change but only under certain set procedure. The
NOT AFFECT THOSE WHICH HAVE BEEN qualified concurrence goes no further than to affirm that Court had consistently stressed that "it is an elementary rule
ENFORCED OR IMPLEMENTED PRIOR TO THEIR publication is essential to the effectivity of a legislative or of fair play and justice that a reasonable opportunity to be
PUBLICATION. — The implementation/enforcement of executive act of a general application. He is not in informed must be afforded to the people who are
presidential decrees prior to their publication in the Official agreement with the view that such publication must be in commanded to obey before they can be punished for its
Gazette is "an operative fact which may have consequences the Official Gazette. The Civil Code itself in its Article 2 violation," (People vs. de Dios, G.R. No. L-11003, August
which cannot be justly ignored. The past cannot always be expressly recognizes that the rule as to laws taking effect 31, 1959, per the late Chief Justice Paras) citing the settled
erased by a new judicial declaration . . .that an all inclusive after fifteen days following the completion of their principle based on due process enunciated in earlier cases
statement of a principle of absolute retroactive invalidity publication in the Official Gazette is subject to this that "before the public is bound by its contents. especially
cannot be justified." exception, "unless it is otherwise provided." Moreover, the its penal provisions, a law, regulation or circular must first
Civil Code is itself only a legislative enactment, Republic be published and the people officially and specially
FERNANDO, C.J., concurring with qualification: Act No. 386. It does not and cannot have the juridical force informed of said contents and its penalties." Without
of a constitutional command. A later legislative or official publication in the Official Gazette as required by
1. CONSTITUTIONAL LAW; STATUTES; executive act which has the force and effect of law can Article 2 of the Civil Code and Revised Administrative
PUBLICATION REQUIREMENT NEED NOT BE legally provide for a different rule. Code, there would be no basis nor justification for the
CONFINED TO THE OFFICIAL GAZETTE. — It is of corollary rule of Article 3 of the Civil Code (based on
course true that without the requisite publication, a due 3. ID.; ID.; ID.; TO DECLARE UNPUBLISHED constructive notice that the provisions of the law are
process question would arise if made to apply adversely to PRESIDENTIAL ISSUANCES WITHOUT LEGAL ascertainable from the public and official repository where
a party who is not even aware of the existence of any FORCE AND EFFECT WOULD RESULT IN they are duly published) that "Ignorance of the law excuses
legislative or executive act having the force and effect of UNDESIRABLE CONSEQUENCES. — Nor does the no one from compliance therewith."
law. But such publication required need not be confined to Chief Justice agree with the rather sweeping conclusion in
the Official Gazette. From the pragmatic standpoint, there the opinion of Justice Escolin that presidential decrees and 2. ID.; ID.; ID.; RESPONDENTS' CONTENTION THAT
is an advantage to be gained. It conduces to certainty. That executive acts not thus previously published in the Official "ONLY LAWS WHICH ARE SILENT AS TO THEIR
is to be admitted. It does not follow, however, that failure Gazette would be devoid of any legal character. That would EFFECTIVITY DATE NEED TO BE PUBLISHED IN
to do so would in all cases and under all circumstances be, in his opinion, to go too far. It may be fraught, as earlier THE OFFICIAL GAZETTE FOR THEIR
result in a statute, presidential decree, or any other noted, with undesirable consequences. He finds himself EFFECTIVITY," UNTENABLE. — The plain text and
executive act of the same category being bereft of any therefore unable to yield assent to such a pronouncement. meaning of the Civil Code is that "laws shall take effect
binding force and effect. To so hold would raise a after fifteen days following the completion of their
constitutional question. Such a pronouncement would lend TEEHANKEE, J., concurring: publication in the Official Gazette, unless it is otherwise
itself to the interpretation that such a legislative or provided," i.e. a different effectivity date is provided by the
presidential act is bereft of the attribute of effectivity unless 1. CONSTITUTIONAL LAW; STATUTES, law itself. This proviso perforce refers to a law that had
published in the Official Gazette. There is no such PUBLICATION IN THE OFFICIAL GAZETTE; been duly published pursuant to the basic constitutional
requirement in the Constitution. NECESSARY PURSUANT TO THE BASIC requirements of due process. The best example of this is the
CONSTITUTIONAL REQUIREMENTS OF DUE Civil Code itself: the same Article 2 provides otherwise that
PROCESS. — The Rule of Law connotes a body of norms it "shall take effect (only) one year (not 15 days) after such
Page | 108
publication." To sustain respondents misreading that "most that the guarantee of due process requires notice of laws to d. Yaokasin vs. Commissioner of
laws or decrees specify the date of their effectivity and for affected parties before they can be bound thereby; but such Customs, G.R. No. 84111, 22
this reason, publication in the Official Gazette is not notice is not necessarily by publication in the Official December 1989
necessary for their effectivity" would be to nullify and Gazette. The due process clause is not that precise. Neither
render nugatory the Civil Code's indispensable and is the publication in the Official Gazette required by any 1. ADMINISTRATIVE LAW; POWER OF AUTOMATIC
essential requirement of prior publication in the Official statute as a prerequisite for their effectivity, if said laws REVIEW OF THE COMMISSIONER OF CUSTOMS
Gazette by the simple expedient of providing for immediate already provide for their effectivity date. OVER THE DECISION OF THE COLLECTOR OF
effectivity or an earlier effectivity date in the law itself CUSTOMS IN PROTEST AND SEIZURE CASES;
before the completion of 15 days following its publication 2. ID.; ID.; PUBLICATION MAY BE MADE RATIONALE FOR THE PROVISION. — Taxes being the
which is the period generally fixed by the Civil Code for its ELSEWHERE THAN IN THE OFFICIAL GAZETTE. — lifeblood of the Government, Section 12, which the
proper dissemination. Article 2 of the Civil Code provides that "laws shall take Commissioner of Customs in his Customs Memorandum
effect after fifteen days following the completion of their Order No. 20-87, enjoined all collectors to follow strictly,
MELENCIO-HERRERA, J., concurring: publication in the Official Gazette, unless it is otherwise is intended to protect the interest of the Government in the
provided." Two things may be said of this provision: collection of taxes and customs duties in those seizure and
CONSTITUTIONAL LAW; STATUTES; PUBLICATION Firstly, it obviously does not apply to a law with a built-in protest cases which, without the automatic review provided
IN THE OFFICIAL GAZETTE; RETROACTIVITY IN provision as to when it will take effect. Secondly, it clearly therein, neither the Commissioner of Customs nor the
EFFECTIVITY DATE NOT ALLOWED WHERE IT recognizes that each law may provide not only a different Secretary of Finance would probably ever know about.
WILL RUN COUNTER TO CONSTITUTIONAL period for reckoning its effectivity date but also a different Without the automatic review by the Commissioner of
RIGHTS OR DESTROY VESTED RIGHTS. — There mode of notice. Thus, a law may prescribe that it shall be Customs and the Secretary of Finance, a collector in any of
cannot be any question but that even if a decree provides published elsewhere than in the Official Gazette. our country's far-flung ports, would have absolute and
for a date of effectivity, it has to be published. When a date unbridled discretion to determine whether goods seized by
effectivity is mentioned in the decree but the decree 3. ID.; ID.; COMMONWEALTH ACT 638 CANNOT him are locally produced, hence, not dutiable, or of foreign
becomes effective only fifteen (15) days after its NULLIFY OR RESTRICT OPERATION OF A STATUTE origin, and therefore subject to payment of customs duties
publication in the Official Gazette, it will not mean that the WITH A PROVISION AS TO ITS EFFECTIVITY. — Not and taxes. His decision, unless appealed by the aggrieved
decree can have retroactive effect to the date of effectivity all legislative acts are required to be published in the party (the owner of the goods), would become final with no
mentioned in the decree itself. There should be no Official Gazette but only "important" ones "of a public one the wiser except himself and the owner of the goods.
retroactivity if the retroactivity will run counter to nature." Moreover, Commonwealth Act No. 638 does not The owner of the goods cannot be expected to appeal the
constitutional rights or shall destroy vested rights. provide that publication in the Official Gazette is essential collector's decision when it is favorable to him. A decision
for the effectivity of laws. This is as it should be, for all that is favorable to the taxpayer would correspondingly be
PLANA, J., separate opinion: statutes are equal and stand on the same footing. A law, unfavorable to the Government, but who will appeal the
especially an earlier one of general application such as collector's decision in that case? Certainly not the
Commonwealth Act No. 638, cannot nullify or restrict the collectors.
1. CONSTITUTIONAL LAW; STATUTES;
PUBLICATION IN THE OFFICIAL GAZETTE NOT operation of a subsequent statute that has a provision of its
ESSENTIAL FOR EFFECTIVITY FOR EFFECTIVITY own as to when and how it will take effect. Only a higher 2. ID.; ID.; ID.; DISTINGUISHED FROM REVIEW OF
OF LAWS. — The Philippine Constitution does not require law, which is the Constitution, can assume the role. THE DECISION OF A COLLECTOR UNDER SECTION
the publication of laws as a prerequisite for their effectivity, 2913 OF THE TARIFF AND CUSTOMS CODE. —
unlike some Constitutions elsewhere. It may be said though Section 12 of the Plan and Section 2313 of the Tariff and
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Customs Code do not conflict with each other. They may When an administrative rule is merely interpretative in Whether pawnshops were included in the term lending
co-exist. Section 2313 of the Code provides for the nature, its applicability needs nothing further than its bare investors for the purpose of imposing the 5% percentage
procedure for the review of the decision of a collector in issuance, for it gives no real consequence more than what tax under then Section 116 of the National Internal
seizure and protest cases upon appeal by the aggrieved the law itself has already prescribed. When, on the other Revenue Code (NIRC)of 1977, as amended by Executive
party, i.e., the importer or owner of the goods. On the other hand, the administrative rule goes beyond merely providing Order No. 273, the Court ruled in the negative. Congress
hand, Section 12 of the Plan refers to the general procedure for the means that can facilitate or render least cumbersome never intended pawnshops to be treated in the same way as
in appeals in seizure and protest cases with a special the implementation of the law but substantially increases lending investors as they were subjected to different tax
proviso on automatic review when the collector's decision the burden of those governed, it behooves the agency to treatments. Section 116 of the NIRC of 1977, as amended,
is adverse to the government. Section 2313 and the accord at least to those directly affected a chance to be also subjected to percentage tax only dealers in securities
provision in Section 12, although they both relate to the heard, and thereafter to be duly informed, before that new and lending investors; there was no mention of pawnshops.
review of seizure and protest cases, refer to two different issuance is given the force and effect of law. Hence, several rulings were made to that effect by the BIR.
situations — when the collector's decision is adverse to the Finally, Section 116 of the NIRC of 1977 had already been
importer or owner of the goods, and when the decision is It is well-settled that rules and regulations, which are the repealed by RA 7716. Consequently, in the case at bar,
adverse to the government. product of a delegated power to create new and additional Revenue Memorandum Order (RMO) No. 15-91 and
legal provisions that have the effect of law, should be Revenue Memorandum Circular (RMC) No. 43-91, issued
3. ID.; EXECUTIVE AND ADMINISTRATION ORDERS within the scope of the statutory authority granted by the pursuant to Section 116 of the NIRC of 1977, were without
OR PROCLAMATIONS; MUST BE PUBLISHED IN legislature to the administrative agency. It is required that force and effect and, therefore, Lhuillier Pawnshop cannot
THE OFFICIAL GAZETTE; RECEPTION. — the regulation be germane to the objects and purposes of be made liable to pay the 5% lending investor's tax.
Commonwealth Act No. 633 (an Act to Provide for the the law; and that it be not in contradiction to, but in
Uniform Publication and Distribution of the Official conformity with, the standards prescribed by law. 1. POLITICAL LAW; ADMINISTRATIVE LAW;
Gazette) enumerates what shall be published in the Official ADMINISTRATIVE ISSUANCES OF THE
Gazette besides legislative acts and resolutions of a public In summary, petitioners violated respondent's right to due COMMISSIONER OF INTERNAL REVENUE MUST BE
nature of the Congress of the Philippines. Executive and process in the issuance of CMO 27-2003 when they failed CONSISTENT WITH THE LAW SOUGHT TO BE
administrative orders and proclamations, shall also be to observe the requirements under the Revised APPLIED. — RMO No. 15-91 and RMC No. 43-91 were
published in the Official Gazette, except such as have no Administrative Code. Petitioners likewise violated issued in accordance with the power of the CIR to make
general applicability." CMO No. 20-87 requiring collectors respondent's right to equal protection of laws when they rulings and opinions in connection with the implementation
of customs to comply strictly with Section 12 of the Plan, is provided for an unreasonable classification in the of internal revenue laws, which was bestowed by then
an issuance which is addressed only to particular persons or application of the regulation. Finally, petitioner Section 245 of the NIRC of 1977, as amended by E.O. No.
a class of persons (the customs collectors). "It need not be Commissioner of Customs went beyond his powers of 273. Such power of the CIR cannot be controverted.
published, on the assumption that it has been circularized to delegated authority when the regulation limited the powers However, the CIR cannot, in the exercise of such power,
all concerned" (Tañada vs. Tuvera, 136 SCRA 27). of the customs officer to examine and assess imported issue administrative rulings or circulars not consistent with
articles. the law sought to be applied. Indeed, administrative
e. Commissioner of Customs v. issuances must not override, supplant or modify the law,
Hypermix Feeds Corporation, G.R. f. Commissioner of Internal Revenue but must remain consistent with the law they intend to carry
No. 179579, 1 February 2012 v. Michel J. Lhuillier Pawnshop, out. Only Congress can repeal or amend the law.
Inc., G.R. No. 150947, 15 July 2003

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2. TAXATION; WORDS AND PHRASES; LENDING necessarily and by implication be excluded from its
INVESTOR AND PAWNSHOP, DEFINED. — Under operation and effect. This rule, as a guide to probable 6. ID.; ID.; ID.; ADMINISTRATIVE ISSUANCES;
Section 157(u) of the NIRC of 1986, as amended, the term legislative intent, is based upon the rules of logic and LEGISLATIVE RULE AND INTERPRETATIVE RULE,
lending investor includes "all persons who make a practice natural workings of the human mind. Fourth. The BIR had DISTINGUISHED. — Let us first distinguish between two
of lending money for themselves or others at interest." A ruled several times prior to the issuance of RMO No. 15-91 kinds of administrative issuances: the legislative rule and
pawnshop, on the other hand, is defined under Section 3 of and RMC 43-91 that pawnshops were not subject to the 5% the interpretative rule. A legislative rule is in the nature of
P.D. No. 114 as "a person or entity engaged in the business percentage tax imposed by Section 116 of the NIRC of subordinate legislation, designed to implement a primary
of lending money on personal property delivered as 1977, as amended by E.O. No. 273. This was even admitted legislation by providing the details thereof. An
security for loans and shall be synonymous, and may be by the CIR in RMO No. 15-91 itself. Considering that interpretative rule, on the other hand, is designed to provide
used interchangeably, with pawnbroker or pawn Section 116 of the NIRC of 1977, as amended, was guidelines to the law which the administrative agency is in
brokerage." practically lifted from Section 175 of the NIRC of 1986, as charge of enforcing. In Misamis Oriental Association of
amended, and there being no change in the law, the Coco Traders, Inc. vs. Department of Finance Secretary,
3. ID.; NATIONAL INTERNAL REVENUE CODE; interpretation thereof should not have been altered. this Tribunal ruled: . . . In the same way that laws must
PERCENTAGE TAX; PAWNSHOPS; PAWNSHOP NOT have the benefit of public hearing, it is generally required
CONSIDERED LENDING INVESTOR FOR THE 4. POLITICAL LAW; ADMINISTRATIVE LAW; that before a legislative rule is adopted there must be
PURPOSE OF IMPOSING 5% PERCENTAGE TAXES. REPEAL OF THE LAW AUTOMATICALLY REPEALS hearing. In this connection, the Administrative Code of
— While it is true that pawnshops are engaged in the ADMINISTRATIVE ISSUANCES MADE PURSUANT 1987 provides: Public Participation. — If not otherwise
business of lending money, they are not considered THERETO. — The approved bill which became R.A. No. required by law, an agency shall, as far as practicable,
"lending investors" for the purpose of imposing the 5% 7716 repealed Section 116 of NIRC of 1977, as amended, publish or circulate notices of proposed rules and afford
percentage taxes for the following reasons: First. Under which was the basis of RMO No. 15-91 and RMC No. 43- interested parties the opportunity to submit their views
Section 192, paragraph 3, sub-paragraphs (dd) and (ff), of 91. . . . Since Section 116 of the NIRC of 1977, which prior to the adoption of any rule. (2) In the fixing of rates,
the NIRC of 1977, prior to its amendment by E.O. No. 273, breathed life on the questioned administrative issuances, no rule or final order shall be valid unless the proposed
as well as Section 161, paragraph 2, sub-paragraphs (dd) had already been repealed, RMO 15-91 and RMC 43-91, rates shall have been published in a newspaper of general
and (ff), of the NIRC of 1986, pawnshops and lending which depended upon it, are deemed automatically circulation at least two weeks before the first hearing
investors were subjected to different tax treatments; . . . repealed. Hence, even granting that pawnshops are included thereon. (3) In case of opposition, the rules on contested
Second. Congress never intended pawnshops to be treated within the term lending investors, the assessment from 27 cases shall be observed. In addition, such rule must be
in the same way as lending investors. Section 116 of the May 1994 onward would have no leg to stand on. published. When an administrative rule is merely
NIRC of 1977, as renumbered and rearranged by E.O. No. interpretative in nature, its applicability needs nothing
273, was basically lifted from Section 175 of the NIRC of 5. ID.; ID.; QUASI-LEGISLATIVE POWERS; further than its bare issuance, for it gives no real
1986, which treated both tax subjects differently. . . . Third. ADMINISTRATIVE ISSUANCES REQUIRE consequence more than what the law itself has already
Section 116 of the NIRC of 1977, as amended by E.O. No. PUBLICATION. — Adding to the invalidity of the RMC prescribed. When, on the other hand, the administrative rule
273, subjects to percentage tax dealers in securities and No. 43-91 and RMO No. 15-91 is the absence of goes beyond merely providing for the means that can
lending investors only. There is no mention of pawnshops. publication. While the rule-making authority of the CIR is facilitate or render least cumbersome the implementation of
Under the maxim expressio unius est exclusio alterius, the not doubted, like any other government agency, the CIR the law but substantially increases the burden of those
mention of one thing implies the exclusion of another thing may not disregard legal requirements or applicable governed, it behooves the agency to accord at least to those
not mentioned. Thus, if a statute enumerates the things principles in the exercise of quasi-legislative powers. directly affected a chance to be heard, and thereafter to be
upon which it is to operate, everything else must EADCHS
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duly informed, before that new issuance is given the force LOCAL GOVERNMENT CODE rights, youth and sports development, environmental
and effect of law. RA 7610 protection, and cooperatives; the general jurisdiction of
CHAPTER III each committee; and the election of the chairman and
7. ID.; ID.; ID.; ID.; CASE AT BAR. — RMO No. 15-91 Local Legislation members of each committee;
and RMC No. 43-91 cannot be viewed simply as (2) The order and calendar of business for each session;
implementing rules or corrective measures revoking in the Section 48. Local Legislative Power. - Local legislative (3) The legislative process;
process the previous rulings of past Commissioners. power shall be exercised by the sangguniang panlalawigan (4) The parliamentary procedures which include the
Specifically, they would have been amendatory provisions for the province; the sangguniang panlungsod for the city; conduct of members during sessions;
applicable to pawnshops. Without these disputed CIR the sangguniang bayan for the municipality; and the (5) The discipline of members for disorderly behavior and
issuances, pawnshops would not be liable to pay the 5% sangguniang barangay for the barangay. absences without justifiable cause for four (4) consecutive
percentage tax, considering that they were not specifically sessions, for which they may be censured, reprimanded, or
included in Section 116 of the NIRC of 1977, as amended. Section 49. Presiding Officer. - excluded from the session, suspended for not more than
In so doing, the CIR did not simply interpret the law. The sixty (60) days, or expelled: Provided, That the penalty of
(a) The vice-governor shall be the presiding officer of the
due observance of the requirements of notice, hearing, and suspension or expulsion shall require the concurrence of at
sangguniang panlalawigan; the city vice-mayor, of the
publication should not have been ignored. least two-thirds (2/3) vote of all the sanggunian members:
sangguniang panlungsod; the municipal vice-mayor, of the
sangguniang bayan; and the punong barangay, of the Provided, further, That a member convicted by final
8. REMEDIAL LAW; CIVIL PROCEDURE; sangguniang barangay. The presiding officer shall vote judgment to imprisonment of at least one (1) year for any
JUDGMENTS; RULING OF THE COURT OF APPEALS only to break a tie. crime involving moral turpitude shall be automatically
NOT BINDING UPON THE SUPREME COURT. — (b) In the event of the inability of the regular presiding expelled from the sanggunian; and
There is no need for us to discuss the ruling in CA-G.R. SP officer to preside at a sanggunian session, the members (6) Such other rules as the sanggunian may adopt.
No. 59282 entitled Commissioner of Internal Revenue v. present and constituting a quorum shall elect from among
Agencia Exquisite of Bohol Inc., which upheld the validity themselves a temporary presiding officer. He shall certify Section 51. Full Disclosure of Financial and Business
of RMO No. 15-91 and RMC No. 43-91. Suffice it to say within ten (10) days from the passage of ordinances enacted Interests of Sanggunian Members. -
that the judgment in that case cannot be binding upon the and resolutions adopted by the sanggunian in the session (a) Every sanggunian member shall, upon assumption to
Supreme Court because it is only a decision of the Court of over which he temporarily presided. office, make a full disclosure of his business and financial
Appeals. The Supreme Court, by tradition and in our interests, or professional relationship or any relation by
system of judicial administration, has the last word on what affinity or consanguinity within the fourth civil degree,
the law is; it is the final arbiter of any justifiable Section 50. Internal Rules of Procedure. -
(a) On the first regular session following the election of its which he may have with any person, firm, or entity affected
controversy. There is only one Supreme Court from whose by any ordinance or resolution under consideration by the
decisions all other courts should take their bearings. members and within ninety (90) days thereafter, the
sanggunian concerned shall adopt or update its existing sanggunian of which he is a member, which relationship
rules of procedure. may result in conflict of interest. Such relationship shall
4. WHEN LOCAL ORDINANCES TAKE include:
(b) The rules of procedure shall provided for the following:
EFFECT (1) Ownership of stock or capital, or investment, in the
(1) The organization of the sanggunian and the election of
its officers as well as the creation of standing committees entity or firm to which the ordinance or resolution may
a. Local Government Code, Sections 54 apply; and
– 59 which shall include, but shall not be limited to, the
committees on appropriations, women and family, human
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(2) Contracts or agreements with any person or entity (c) All sanggunian sessions shall be open to the public approved by the members present, shall then declare the
which the ordinance or resolution under consideration may unless a closed-door session is ordered by an affirmative session adjourned for lack of quorum.
affect. vote of a majority of the members present, there being a
In the absence of a specific constitutional or statutory quorum, in the public interest or for reasons of security, Section 54. Approval of Ordinances. -
provision applicable to this situation, "conflict of interest" decency, or morality. No two (2) sessions, regular or (a) Every ordinance enacted by the sangguniang
refers in general to one where it may be reasonably special, may be held in a single day. panlalawigan, sangguniang panlungsod, or sangguniang
deduced that a member of a sanggunian may not act in the (d) In the case of special sessions of the sanggunian, a bayan shall be presented to the provincial governor or city
public interest due to some private, pecuniary, or other written notice to the members shall be served personally at or municipal mayor, as the case may be. If the local chief
personal considerations that may tend to affect his the member's usual place of residence at least twenty-four executive concerned approves the same, he shall affix his
judgment to the prejudice of the service or the public. (24) hours before the special session is held. signature on each and every page thereof; otherwise, he
(b) The disclosure required under this Act shall be made in Unless otherwise concurred in by two-thirds (2/3) vote of shall veto it and return the same with his objections to the
writing and submitted to the secretary of the sanggunian or the sanggunian members present, there being a quorum, no sanggunian, which may proceed to reconsider the same.
the secretary of the committee of which he is a member. other matters may be considered at a special session except The sanggunian concerned may override the veto of the
The disclosure shall, in all cases, form part of the record of those stated in the notice. local chief executive by two-thirds (2/3) vote of all its
the proceedings and shall be made in the following manner: (e) Each sanggunian shall keep a journal and record of its members, thereby making the ordinance or resolution
(1) Disclosure shall be made before the member proceedings which may be published upon resolution of the effective for all legal intents and purposes.
participates in the deliberations on the ordinance or sanggunian concerned. (b) The veto shall be communicated by the local chief
resolution under consideration: Provided, That, if the executive concerned to the sanggunian within fifteen (15)
member did not participate during the deliberations, the Section 53. Quorum. - days in the case of a province, and ten (10) days in the case
disclosure shall be made before voting on the ordinance or (a) A majority of all the members of the sanggunian who of a city or a municipality; otherwise, the ordinance shall be
resolution on second and third readings; and have been elected and qualified shall constitute a quorum to deemed approved as if he had signed it.
(2) Disclosure shall be made when a member takes a transact official business. Should a question of quorum be (c) Ordinances enacted by the sangguniang barangay shall,
position or makes a privilege speech on a matter that may raised during a session, the presiding officer shall upon approval by the majority of all its members, be signed
affect the business interest, financial connection, or immediately proceed to call the roll of the members and by the punong barangay.
professional relationship described herein. thereafter announce the results.
(b) Where there is no quorum, the presiding officer may Section 55. Veto Power of the Local Chief Executive. -
Section 52. Sessions. - declare a recess until such time as a quorum is constituted, (a) The local chief executive may veto any ordinance of the
(a) On the first day of the session immediately following or a majority of the members present may adjourn from day sanggunian panlalawigan, sangguniang panlungsod, or
the election of its members, the sanggunian shall, by to day and may compel the immediate attendance of any sanggunian bayan on the ground that it is ultra vires or
resolution, fix the day, time, and place of its regular member absent without justifiable cause by designating a prejudicial to the public welfare, stating his reasons therefor
sessions. The minimum numbers of regular sessions shall member of the sanggunian to be assisted by a member or in writing.
be once a week for the sangguniang panlalawigan, members of the police force assigned in the territorial (b) The local chief executive, except the punong barangay,
sangguniang panlungsod, and sangguniang bayan, and jurisdiction of the local government unit concerned, to shall have the power to veto any particular item or items of
twice a month for the sangguniang barangay. arrest the absent member and present him at the session. an appropriations ordinance, an ordinance or resolution
(b) When public interest so demands, special sessions may (c) If there is still no quorum despite the enforcement of the adopting a local development plan and public investment
be called by the local chief executive or by a majority of immediately preceding subsection, no business shall be program, or an ordinance directing the payment of money
the members of the sanggunian. transacted. The presiding officer, upon proper motion duly or creating liability. In such a case, the veto shall not affect
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the item or items which are not objected to. The vetoed shall enter its action in the minutes and shall advise the (a) Unless otherwise stated in the ordinance or the
item or items shall not take effect unless the sanggunian corresponding city or municipal authorities of the action it resolution approving the local development plan and public
overrides the veto in the manner herein provided; has taken. investment program, the same shall take effect after ten
otherwise, the item or items in the appropriations ordinance (d) If no action has been taken by the sangguniang (10) days from the date a copy thereof is posted in a
of the previous year corresponding to those vetoed, if any, panlalawigan within thirty (30) days after submission of bulletin board at the entrance of the provincial capitol or
shall be deemed reenacted. such an ordinance or resolution, the same shall be city, municipal, or barangay hall, as the case may be, and in
(c) The local chief executive may veto an ordinance or presumed consistent with law and therefore valid. at least two (2) other conspicuous places in the local
resolution only once. The sanggunian may override the veto government unit concerned.
of the local chief executive concerned by two-thirds (2/3) Section 57. Review of Barangay Ordinances by the (b) The secretary to the sanggunian concerned shall cause
vote of all its members, thereby making the ordinance Sangguniang Panlungsod or Sangguniang Bayan. - the posting of an ordinance or resolution in the bulletin
effective even without the approval of the local chief (a) Within ten (10) days after its enactment, the board at the entrance of the provincial capitol and the city,
executive concerned. sangguniang barangay shall furnish copies of all barangay municipal, or barangay hall in at least two (2) conspicuous
ordinances to the sangguniang panlungsod or sangguniang places in the local government unit concerned not later than
Section 56. Review of Component City and Municipal bayan concerned for review as to whether the ordinance is five (5) days after approval thereof.
Ordinances or Resolutions by the Sangguniang consistent with law and city or municipal ordinances. The text of the ordinance or resolution shall be
Panlalawigan. (b) If the sangguniang panlungsod or sangguniang bayan, disseminated and posted in Filipino or English and in the
(a) Within three (3) days after approval, the secretary to the as the case may be, fails to take action on barangay language understood by the majority of the people in the
sanggunian panlungsod or sangguniang bayan shall forward ordinances within thirty (30) days from receipt thereof, the local government unit concerned, and the secretary to the
to the sangguniang panlalawigan for review, copies of same shall be deemed approved. sanggunian shall record such fact in a book kept for the
approved ordinances and the resolutions approving the (c) If the sangguniang panlungsod or sangguniang bayan, as purpose, stating the dates of approval and posting.
local development plans and public investment programs the case may be, finds the barangay ordinances inconsistent (c) The gist of all ordinances with penal sanctions shall be
formulated by the local development councils. with law or city or municipal ordinances, the sanggunian published in a newspaper of general circulation within the
(b) Within thirty (30) days after the receipt of copies of concerned shall, within thirty (30) days from receipt province where the local legislative body concerned
such ordinances and resolutions, the sangguniang thereof, return the same with its comments and belongs. In the absence of any newspaper of general
panlalawigan shall examine the documents or transmit them recommendations to the sangguniang barangay concerned circulation within the province, posting of such ordinances
to the provincial attorney, or if there be none, to the for adjustment, amendment, or modification; in which case, shall be made in all municipalities and cities of the
provincial prosecutor for prompt examination. The the effectivity of the barangay ordinance is suspended until province where the sanggunian of origin is situated.
provincial attorney or provincial prosecutor shall, within a such time as the revision called for is effected. (d) In the case of highly urbanized and independent
period of ten (10) days from receipt of the documents, component cities, the main features of the ordinance or
inform the sangguniang panlalawigan in writing of his Section 58. Enforcement of Disapproved Ordinances or resolution duly enacted or adopted shall, in addition to
comments or recommendations, which may be considered Resolutions. - Any attempt to enforce any ordinance or being posted, be published once in a local newspaper of
by the sangguniang panlalawigan in making its decision. any resolution approving the local development plan and general circulation within the city: Provided, That in the
(c) If the sangguniang panlalawigan finds that such an public investment program, after the disapproval thereof, absence thereof the ordinance or resolution shall be
ordinance or resolution is beyond the power conferred upon shall be sufficient ground for the suspension or dismissal of published in any newspaper of general circulation.
the sangguniang panlungsod or sangguniang bayan the official or employee concerned.
concerned, it shall declare such ordinance or resolution
invalid in whole or in part. The sangguniang panlalawigan Section 59. Effectivity of Ordinances or Resolutions. -
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 b. Municipality of Paranaque v. V.M. control and restraints, imposed through the law conferring compliance with the first requisite that the mayor be
Realty Corporation, G.R. No. the power or in other legislations. authorized through an ordinance. If Congress intended to
127820, 20 July 1998 allow LGUs to exercise eminent domain through a mere
A local government unit, like the Municipality of resolution, it would have simply adopted the language of
Pursuant to Sangguniang Bayan Resolution No. 93-95, Parañaque, cannot authorize an expropriation of private the previous Local Government Code. But Congress did
Series of 1993, the Municipality of Parañaque filed with the property through a mere resolution of its lawmaking body. not. In a clear divergence from the previous Local
Regional Trial Court of Makati, Branch 134, on September The Local Government Code expressly and clearly requires Government Code, Section 19 of RA 7160 categorically
20, 1993 a complaint for expropriation against private an ordinance or a law for the purpose. A municipal requires that the local chief executive act pursuant to an
respondent over two parcels of land with a combined area ordinance is different from a resolution. An ordinance is a ordinance.
of about 10,000 square meters located at Wakas, San law, but a resolution is merely a declaration of the
Dionisio, Parañaque, Metro Manila and covered by Torrens sentiment or opinion of a lawmaking body on a specific 2. REMEDIAL LAW; CIVIL PROCEDURE; CAUSE OF
Certificate of Title No. 48700. Allegedly, the complaint matter. The fact that there is no cause of action is evident ACTION; PETITIONER'S COMPLAINT DOES NOT
was filed for the purpose of alleviating the living conditions from the face of the complaint for expropriation which was STATE A CAUSE OF ACTION; REASON. — It is
of the underprivileged by providing homes for the homeless based on a mere resolution. The absence of an ordinance hornbook doctrine that ". . . in a motion to dismiss based on
through a socialized housing project. authorizing the same is equivalent to lack of cause of the ground that the complaint fails to state a cause of
action. On the other hand, the principle of res judicata does action, the question submitted before the court for
In an Order dated February 4, 1994, the trial court not bar subsequent proceedings for the expropriation of the determination is the sufficiency of the allegations in the
authorized petitioner to take possession of the subject same property when all the legal requirements for its valid complaint itself. Whether those allegations are true or not is
property upon deposit with its clerk of court of an amount exercise are complied with. beside the point, for their truth is hypothetically admitted
equivalent to 15 percent of its fair market value based on its by the motion. The issue rather is: admitting them to be
current tax declaration. Private respondent filed its answer 1. CONSTITUTIONAL LAW; EMINENT DOMAIN; true, may the court render a valid judgment in accordance
alleging in the main that the complaint failed to state a EXERCISE OF THE POWER OF EMINENT DOMAIN with the prayer of the complaint?" The fact that there is no
cause of action because it was filed pursuant to a resolution BY AN LGU; A MUNICIPALITY MAY EXERCISE THE cause of action is evident from the face of the Complaint
and not to an ordinance as required by the Local POWER OF EMINENT DOMAIN PURSUANT ONLY for expropriation which was based on a mere resolution.
Government Code. The trial court then nullified its TO AN ORDINANCE AND NOT A MERE The absence of an ordinance authorizing the same is
February 4, 1994 order and dismissed the case. On appeal, RESOLUTION. — Section 19 of RA 7160, which equivalent to lack of cause of action. Consequently, the
the Court of Appeals affirmed the trial court's resolution. delegates to LGUs the power of eminent domain, also lays Court of Appeals committed no reversible error in
Hence, this petition. down the parameters for its exercise. It provides as follows: affirming the trial court's Decision which dismissed the
"Section 19. Eminent Domain. A local government unit expropriation suit.
The Supreme Court held that the petition is not meritorious. may, through its chief executive and acting pursuant to an 3. ID.; EMINENT DOMAIN NOT BARRED BY RES
The power of eminent domain is lodged in the legislative ordinance, exercise the power of eminent domain for public JUDICATA. — The Court holds that the principle of res
branch of government which may delegate the exercise use, or purpose, or welfare for the benefit of the poor and judicata, which finds application in generally all cases and
thereof to local government units, other public entities and the landless, upon payment of just compensation, pursuant proceedings, cannot bar the right of the State or its agent to
public utilities. A local government unit may therefore to the provisions of the Constitution and pertinent laws: . . . expropriate private property. The very nature of eminent
exercise the power to expropriate private property only In the case at bar, the local chief executive sought to domain, as an inherent power of the State, dictates that the
when authorized by Congress and subject to the latter's exercise the power of eminent domain pursuant to a right to exercise the power be absolute and unfettered even
resolution of the municipal council. Thus, there was no by a prior judgment or res judicata. The scope of eminent
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domain is plenary and, like police power, can "reach every particular persons or things of a class. 1 And the rule one. 7 A charter provision may be impliedly modified or
form of property which the State might need for public commonly said is that a prior special law is not ordinarily superseded by a later statute, and where a statute is
use." All separate interests of individuals in property are repealed by a subsequent general law. The fact that one is controlling, it must be read into the charter notwithstanding
held by the government under this tacit agreement or special and the other general creates a presumption that the any particular charter provision. 8 A subsequent general
implied reservation. Notwithstanding the grant to special is to be considered as remaining an exception of the law similarly applicable to all cities prevails over any
individuals, the eminent domain, the highest and most exact general, one as a general law of the land, the other as the conflicting charter provision, for the reason that a charter
idea of property, remains in the government, or in the law of a particular case. 2 However, the rule readily yields must not be inconsistent with the general laws and public
aggregate body of the people in their sovereign capacity; to a situation where the special statute refers to a subject in policy of the state. 9 A chartered city is not an independent
and they have the right to resume the possession of the general, which the general statute treats in particular. The sovereignty. The state remains supreme in all matters not
property whenever the public interest requires it." Thus, the exactly is the circumstance obtaining in the case at bar. purely local. Otherwise stated, a charter must yield to the
State or its authorized agent cannot be forever barred from Section 17 of the Revised Charter of the City of Manila constitution and general laws of the state, it is to have read
exercising said right by reason alone of previous non- speaks of "ordinance" in general, i.e., irrespective of the into it that general law which governs the municipal
compliance with any legal requirement. nature and scope thereof, whereas, Section 43 of the Local corporation and which the corporation cannot set aside but
Tax Code relates to "ordinances levying or imposing taxes, to which it must yield. When a city adopts a charter, it in
c. Bagatsing v. Ramirez, G.R. No. fees or other charges" in particular. In regard, therefore, to effect adopts as part of its charter general law of such
41631, 17 December 1976 ordinances in general, the Revised Charter of the City of character.
Manila is doubtless dominant, but, that dominant force
While the Revised Charter of the City of Manila requires loses its continuity when it approaches the realm of 5. MANNER OF COMPUTING TIME
publication before the enactment of the ordinance and after "ordinances levying or imposing taxes, fees or other
the approval thereof in two daily newspapers of general charges" in particular. There, the Local Tax Code controls. a. Civil Code, Article 13
circulation in the city, the Local Tax Code only prescribes Here, as always, a general provision must give way to a b. Administrative Code, Book I,
for publication after the approval of "ordinances levying or particular provision. 3 Special provision governs. 4 This is Chapter 8, Section 31
imposing taxes, fees or other charges" either in a newspaper especially true where the law containing the particular c. Administrative Code, Book I,
or publication widely circulated within the jurisdiction of provision was enacted later than the one containing the Chapter 7, Section 28
the local government or by posting the ordinance in the general provision. The City Charter of Manila was
local legislative hall or premises and in two other promulgated on June 18, 1949 as against the Local Tax CHAPTER 7
conspicuous places within the territorial jurisdiction of the Code which was decreed on June 1, 1973. The law-making REGULAR HOLIDAYS AND NATIONWIDE
local government. Petitioners' compliance with the Local power cannot be said to have intended the establishment of SPECIAL DAYS
Tax Code rather than with the Revised Charter of the City conflicting and hostile systems upon the same subject, or to
spawned this litigation. leave in force provisions of a prior law by which the new
Section 26. Regular Holidays and Nationwide Special
will of the legislating power may be thwarted and
Days. -
overthrown. Such a result would render legislation a useless
There is no question that the Revised Charter of the City of 1. Unless otherwise modified by law, order or
and idle ceremony, and subject the law to the reproach of
Manila is a special act since it relates only to the City of proclamation, the following regular holidays and special
uncertainty and unintelligibility.
Manila, whereas the Local Tax Code is a general law days shall be observed in this country:
because it applies universally to all local governments. (A) Regular Holidays
Blackstone defines general law as a universal rule affecting In fact, there is no rule which prohibits the repeal even by
implication of a special or specific act by a general or broad New Year's Day January 1
the entire community and special law as one relating to Maundy Thursday Movable date
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Good Friday Movable date and for all official documents. Only weights and measures month of February of 29 days. HELD: The order of
Araw ng Kagitingan April 9 of the metric system shall be officially sealed and licensed. dismissal should be affirmed. Art. 13 of the Civil Code of
Labor Day May 1 the Philippines limits the computation of each "year" to 365
Independence Day June 12 Section 30. Mandatory Nation-wide Use. - The metric days.
National Heroes Day Last Sunday of August system shall be fully adopted in all agricultural,
Bonifacio Day November 30 commercial, industrial, scientific and other sectors. Persons 3. ID.; ID.; INTERPRETATION OF MONTHS;
Christmas Day December 25 or entities allowed under existing laws to use the English JURISPRUDENCE. — Prior to the approval of the Civil
Rizal Day December 30 system or other standards and weights are given until the Code of Spain, the Supreme Court thereof had held on
date to be fixed by the Metric System Board to adopt the March 30, 1887, that, when the law spoke of months, it
(B) Nationwide Special Days
metric system. meant a "natural" month or "solar" month, in the absence of
All Saints Day November 1
express provision to the contrary. Such provision was
Last Day of the Year December 31 incorporated into the Civil Code of Spain, subsequently
Section 31. Legal Periods. - "Year" shall be understood to
be twelve calendar months; "month" of thirty days, unless it promulgated. Hence, the same Supreme Court declared
(2) The terms "legal or regular holiday" and "special refers to a specific calendar month in which case it shall be that, pursuant to Art. 7 of said Code, "whenever months . . .
holiday", as used in laws, orders, rules and regulations or computed according to the number of days the specific are referred to in the law, it shall be understood that the
other issuances shall be referred to as "regular holiday" and month contains; "day," to a day of twenty-four hours; and months are of 30 days," not the "natural," "solar" or
"special day", respectively. "night," from sunset to sunrise. "calendar" months, unless they are "designated by name,"
in which case "they shall be computed by the actual number
Section 27. Local Special Days. - The President may d. National Marketing Corp. v. Tecson, of days they have." This concept was later, modified in the
proclaim any local special day for a particular date, group G.R. No. 29131, 27 August 1969 Philippines, by Section 13 of the Revised Administrative
or place. Code, pursuant to which, "month shall be understood to
refer to a calendar month." In the language of this Court, in
1. CIVIL LAW; PRESCRIPTION OF ACTIONS;
Section 28. Pretermission of Holiday. - Where the day, or People vs. Del Rosario "with the approval of the Civil Code
ACTION FOR REVIVAL OF JUDGMENT; PERIOD
the last day, for doing any act required or permitted by law of the Philippines (Republic Act 386) . . . we have reverted
THEREFOR. — Pursuant to Article 1144-(3) of our Civil
falls on a regular holiday or special day, the act may be to the provisions of the Spanish Civil Code in accordance
Code,an action upon a judgment "must be brought within
done on the next succeeding business day. with which a month is to be considered as the regular 30-
10 years from the time the right of action accrues," which,
day month and not the solar or civil month," with the
in the language of Art. 1152 of the same Code "commences
CHAPTER 8 particularity that, whereas the Spanish Code merely
from the time judgment sought to be revived has become
LEGAL WEIGHTS MEASURES AND PERIOD mentioned "months, days or nights," ours has added thereto
final."
the term "years" and explicitly ordains that "it shall be
understood that years are of three hundred sixty-five days."
Section 29. Official Use of Metric System. - The metric 2. ID.; ID.; ID.; ID.; PRESCRIBED IN INSTANT CASE.
system of weights and measures shall be used in the — An action for revival of judgment which become final
Philippines for all products, articles, goods, commodities, 4. SUPREME COURT; NO POWER OF LEGISLATION
on December 21, 1955, was filed on December 21, 1965.
materials, merchandise, utilities, services, as well as for BY JUDICIAL DECREE. — Where, by upholding the
The lower court dismissed the action on the ground of
commercial transactions like contracts, agreements, deeds theory of appellant, Article 13 of the Civil Code of the
prescription, it having found that the aggregate of 10 years
and other legal instruments publicly and officially attested, Philippines is ignored and Section 13 of the Revised
or 3,650 days from December 21, 1955 expired on
Administrative Code is revived, the Court by such an
December 19, 1965, there being two leap years with the
Page | 117
interpretation would be engaging in judicial legislation, and month from January 31, 2008 will be from February 1,
in effect, repealing an act of Congress. If public interest 2008 until February 29, 2008. 30 There obviously exists a manifest incompatibility in the
demands a reversion to the policy embodied in the Revised manner of computing legal periods under the Civil Code
Administrative Code, this may be done through legislative A law may be repealed expressly (by a categorical and the Administrative Code of 1987. For this reason, we
process, not by judicial decree. declaration that the law is revoked and abrogated by hold that Section 31, Chapter VIII, Book I of the
another) or impliedly (when the provisions of a more recent Administrative Code of 1987, being the more recent law,
e. Commissioner of Internal Revenue law cannot be reasonably reconciled with the previous one). governs the computation of legal periods. Lex posteriori
v. Primetown Property Group, Inc., 31 Section 27, Book VII (Final Provisions) of the derogat priori.
G.R. No. 162155, August 28, 2007 Administrative Code of 1987 states:
f. PNB v. Court of Appeals, 222 SCRA
As already quoted, Article 13 of the Civil Code provides Sec. 27.Repealing clause. — All laws, 134, G.R. No. 98382, May 17, 1993
that when the law speaks of a year, it is understood to be decrees, orders, rules and regulations, or
equivalent to 365 days. In National Marketing Corporation portions thereof, inconsistent with this 1.CIVIL LAW; EFFECT AND APPLICATION OF
v. Tecson, 25 we ruled that a year is equivalent to 365 days Code are hereby repealed or modified LAWS; "WEEK." DEFINED. — It must be conceded that
regardless of whether it is a regular year or a leap year. accordingly. Article 13 is completely silent as to the definition of what is
However, in 1987, EO 27 292 or the Administrative Code a "week". In Concepcion vs. Zandueta (36 O.G. 3139
of 1987 was enacted. Section 31, Chapter VIII, Book I A repealing clause like Sec. 27 above is not an express [1938]; Moreno, Philippine Law Dictionary, Second Ed.,
thereof provides: repealing clause because it fails to identify or designate the 1972, p. 660), this term was interpreted to mean as a period
laws to be abolished. 32 Thus, the provision above only of time consisting of seven consecutive days a definition
Sec. 31.Legal Periods. — "Year" shall be impliedly repealed all laws inconsistent with the which dovetails with the ruling in E.M. Derby and Co. vs.
understood to be twelve calendar months; Administrative Code of 1987. City of Modesto, et al. (38 Pac. Rep. 900 [1984]; 1 Paras,
"month" of thirty days, unless it refers to a Civil Code of the Philippines Annotated, Twelfth Ed.,
specific calendar month in which case it Implied repeals, however, are not favored. An implied 1989, p. 88; 1 Tolentino, Commentaries and Jurisprudence
shall be computed according to the number repeal must have been clearly and unmistakably intended on the Civil Code, 1990, p. 46).
of days the specific month contains; "day", by the legislature. The test is whether the subsequent law
to a day of twenty-four hours and; "night" encompasses entirely the subject matter of the former law 2.ID.; ACT NO. 3135 AS AMENDED BY ACT NO. 4118;
from sunrise to sunset. and they cannot be logically or reasonably reconciled. 33 MORTGAGE; FORECLOSURE OF MORTGAGE MUST
BE PUBLISHED "AT LEAST TWO WEEKS" BEFORE
A calendar month is "a month designated in the calendar Both Article 13 of the Civil Code and Section 31, Chapter SALE; PUBLICATION OF NOTICE ON THE FIRST
without regard to the number of days it may contain." 28 It VIII, Book I of the Administrative Code of 1987 deal with DAY OF THE THIRD WEEK, NON-COMPLIANCE
is the "period of time running from the beginning of a the same subject matter — the computation of legal THEREOF. — Following the interpretation in Derby as to
certain numbered day up to, but not including, the periods. Under the Civil Code, a year is equivalent to 365 the publication of an ordinance for "at last two weeks" in
corresponding numbered day of the next month, and if days whether it be a regular year or a leap year. Under the some newspaper that: . . . . here there is no date or event
there is not a sufficient number of days in the next month, Administrative Code of 1987, however, a year is composed suggesting the exclusion of the first day's publication from
then up to and including the last day of that month." 29 To of 12 calendar months. Needless to state, under the the computation, and the cases above cited take this case
illustrate, one calendar month from December 31, 2007 will Administrative Code of 1987, the number of days is out of the rule stated in Section 12, Code Civ. Proc. which
be from January 1, 2008 to January 31, 2008; one calendar irrelevant. excludes the first day and includes the last; the publication
Page | 118
effected on April 11, 1969 cannot be construed as sufficient COMELEC Rules of Procedure provides that a petition to must be filed directly with the proper Clerk of Court of the
advertisement for the second week because the period for deny due course to or cancel a certificate of candidacy for Commission personally, or, unless otherwise provided in
the first week should be reckoned from March 28, 1969 an elective office may be filed with the Law Department of these Rules, by registered mail. In the latter case, the date
until April 3, 1969 while the second week should be the COMELEC on the ground that the candidate has made of mailing is the date of filing and the requirement as to the
counted from April 4, 1969 until April 10, 1969. It is clear a false material representation in his certificate. The number of copies must be complied with. Sec. 3. Form of
that the announcement on April 11, 1969 was both petition may be heard and evidence received by any official pleadings, etc. — All pleadings allowed by these Rules
theoretically and physically accomplished during the first designated by the COMELEC after which the case shall be shall be printed, mimeographed or typewritten on legal size
day of the third week and cannot thus be equated with decided by the COMELEC itself. Under the same Rules of bond paper shall be in English or Filipino. . . ." Every
compliance in law. Indeed, where the word is used simply Procedure, jurisdiction over a petition to cancel a certificate pleading before the COMELEC must be printed,
as a measure of duration of time and without reference to of candidacy lies with the COMELEC sitting in Division, mimeographed or typewritten in legal size bond paper and
the calendar, it means a period of seven consecutive days not en banc. Cases before a Division may only be filed in at least ten (10) legible copies. Pleadings must be
without regard to the day of the week on which it begins (1 entertained by the COMELEC en banc when the required filed directly with the proper Clerk of Court of the
Tolentino, supra at p. 467 citing Derby). number of votes to reach a decision, resolution, order or COMELEC personally, or, by registered mail.
ruling is not obtained in the Division. Moreover, only
g. Garvida v. Sales, Jr., 271 SCRA 767, motions to reconsider decisions, resolutions, orders or 3. ID.; ID.; ID.; DOES NOT SANCTION A PLEADING
G.R. No. 124893, April 18, 1997 rulings of the COMELEC in Division are resolved by the FILED BY FACSIMILE TRANSMISSION. — A facsimile
COMELEC en banc. It is therefore the COMELEC sitting or fax transmission is a process involving the transmission
1. POLITICAL LAW; LOCAL GOVERNMENT CODE in Divisions that can hear and decide election cases. This is and reproduction of printed and graphic matter by scanning
OF 1991; SEC. 532 (a), PROVIDES WHICH LAW clear from Section 3 of the said Rules thus: "Sec. 3. The an original copy, one elemental area at a time, and
SHALL COVER AND WHICH GOVERNING BODY Commission Sitting in Divisions. — The Commission shall representing the shade or tone of each area by a specified
SHALL, SUPERVISE THE CONDUCT OF THE SK sit in two (2) Divisions to hear and decide protests or amount of electric current. The current is transmitted as a
ELECTIONS. — Section 532 (a) of the Local Government petitions in ordinary actions, special actions, special cases, signal over regular telephone lines or via microwave relay
Code of 1991 provides that the conduct of the SK elections provisional remedies, contempt and special proceedings and is used by the receiver to reproduce an image of the
is under the supervision of the COMELEC and shall be except in accreditation of citizens' arms of the Commission. elemental area in the proper position and the correct shade.
governed by the Omnibus Election Code. The Omnibus The receiver is equipped with a stylus or other device that
Election Code, in Section 78, Article IX, governs the 2. ID.; ELECTIONS; COMELEC RULES OF produces a printed record on paper referred to as a
procedure to deny due course to or cancel a certificate of PROCEDURES; PROVIDES FOR THE FORMAL facsimile. Filing a pleading by facsimile transmission is not
candidacy, viz; "Sec. 78, Petition to deny due course to or REQUIREMENTS OF PLEADINGS FILED WITH THE sanctioned by the COMELEC Rules of Procedure, much
cancel a certificate of candidacy. — A verified petition COMELEC. — Formal requirements of pleadings under less by the Rules of Court. A facsimile is not a genuine and
seeking to deny due course or to cancel a certificate of the COMELEC Rules of Procedure: "Sec. 1. Filing of authentic pleading. It is, at best, in exact copy preserving all
candidacy may be filed by any person exclusively on the Pleadings. — Every pleading, motion and other papers the marks of an original. Without the original, there is no
ground that any material representation contained therein as must be filed in ten (10) legible copies. However, when way of determining on its face whether the facsimile
required under Section 74 hereof is false. The petition may there is more than one respondent or protestee, the pleading is genuine and authentic and was originally signed
be filed at any time not later than twenty-five days from the petitioner or protestant must file additional number of by the party and his counsel. It may, in fact, be a sham
time of filing of the certificate of candidacy and shall be copies of the petition or protest as there are additional pleading.
decided, after due notice and hearing, not later than fifteen respondents or protestees. Sec. 2. How Filed. — The
days before election." In relation thereto, Rule 23 of the documents referred to in the immediately preceding section
Page | 119
4. ID.; ID.; KATIPUNAN NG KABATAAN; AN ELECTIVE OFFICIAL. — For the May 6, 1996 SK courts may distinguish when there are facts and
SANGGUNIANG KABATAAN (SK); COMPOSITION elections, the COMELEC interpreted Sections 424 and 428 circumstances showing that the legislature intended a
AND TERMS OF OFFICE. — The Local Government of the Local Government Code of 1991 in Resolution No. distinction or qualification. The requirement that a
Code of 1991 changed the Kabataang Barangay into the 2824 and defined how a member of the Katipunan ng candidate possess the age qualification is founded on public
Katipunan ng Kabataan. It, however, retained the age limit Kabataan becomes a qualified voter and an elective official. policy and if he lacks the age on the day of the election, he
of the members laid down in B.P. 337 at 15 but not more A member of the Katipunan ng Kabataan may be a can be declared ineligible. In the same vein, if the candidate
than 21 years old. The affairs of the Katipunan ng Kabataan qualified voter in the May 6, 1996 SK elections if he is: (a) is over the maximum age limit on the day of the election,
are administered by the Sangguniang Kabataan (SK) a Filipino citizen; (b) 15 but not more than 21 years of age he is ineligible. The fact that the candidate was elected will
composed of a chairman and seven (7) members who are on election day, i.e., the voter must be born between May 6, not make the age requirement directory, nor will it validate
elected by the Katipunan ng Kabataan. The chairman 1975 and May 6, 1981, inclusive; and (c) a resident of the his election. The will of the people as expressed through the
automatically becomes ex-officio member of the Philippines for at least one (1) year and an actual resident ballot cannot cure the vice of ineligibility.
Sanggunian Barangay. A member of the SK holds office of the barangay at least six (6) months immediately
for a term of three (3) years, unless sooner removed for preceding the elections. A candidate for the SK must: (a) 8. ID.; ID.; ID.; ID.; ID.; NOT MORE THAN 21 YEARS
cause, or becomes permanently incapacitated, dies or possess the foregoing qualifications of a voter; (b) be a OF AGE; CONSTRUED. — The provision that an elective
resigns from office. Membership in the Katipunan ng resident in the barangay at least one (1) year immediately official of the SK should not be more than 21 years of age
Kabataan is subject to specific qualifications laid down by preceding the elections; and (c) able to read and write. on the day, of his election is very clear. The Local
the Local Government Code of 1991. Government Code speaks of years, not months nor days.
7. ID.; ID.; ID.; ID.; AGE QUALIFICATIONS; When the law speaks of years, it is understood that years
5. ID.; ID.; ID.; ID.; QUALIFICATIONS; OF MEMBERS; DISTINGUISHED. — A closer look at the Local are of 365 days each. One born on the first day of the year
OF ELECTIVE OFFICIALS. — Under Section 424 of the Government Code will reveal a distinction between the is consequently deemed to be one year old on the 365th day
Local Government Code, a member of the Katipunan ng maximum age of a member in the Katipunan ng Kabataan after his birth — the last day of the year. The phrase "not
Kabataan must be: (a) a Filipino citizen; (b) an actual and the maximum age of an elective SK official. Section more than 21 years of age" means not over 21 years, not
resident of the barangay for at least six months; (c) 15 but 424 of the Code sets a member's maximum age at 21 years beyond 21 years. It means 21 365-day cycles. It does not
not more than 21 years of age; and (d) duly registered in the only. There is no further provision as to when the member mean 21 years and one or some days or a fraction of a year
list of the Sangguniang Kabataan or in the official barangay shall have turned 21 years of age. On the other hand, because that would be more than 21 365-days cycles. "Not
list. Section 428 of the Code requires that an elective Section 428 provides that the maximum age of an elective more than 21 years old" is not equivalent to "less than 22
official of the Sangguniang Kabataan must be: (a) a SK official is 21 years old "on the day of his election." The years old," contrary to petitioner's claims. The law does not
Filipino citizen; (b) a qualified voter in the Katipunan ng addition of the phrase "on the day of his election" is an state that the candidate be less than 22 years on election
Kabataan; (c) a resident of the barangay at least one (1) additional qualification. The member may be more than 21 day.
year immediately preceding the election; (d) at least 15 years of age on election day or on the day he registers as
years but not more 21 years of age on the day of his member of the Katipunan ng Kabataan. The elective 9. ID.; ID.; ID.; ID.; ID.; RULE AND EXCEPTION. —
election; (e) able to read and write; and (f) must not have official, however, must not be more than 21 years old on The general rule is that an elective official of the
been convicted of any crime involving moral turpitude. the day, of election. The distinction is understandable Sangguniang Kabataan must not be more than 21 years of
considering that the Code itself provides more age on the day of his election. The only exception is when
6. ID.; ID.; ID.; ID.; COMELEC RESOLUTION NO. 2824 qualifications for an elective SK official than for a member the official reaches the age of 21 years during his
DEFINED HOW A MEMBER OF THE KATIPUNAN NG of the Katipunan ng Kabataan. Dissimilum dissimilis est incumbency. Section 423 [b] of the Code allows him to
KABATAAN BECOMES A QUALIFIED VOTER AND ratio. (Of things dissimilar, the rule is dissimilar.) The serve the remaining portion of the term for which he was
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elected. According to Senator Pimentel, the youth leader qualifications prescribed in the Constitution or the statutes necessary to have the change approved by the Department,
must have "been elected prior to his 21st birthday. for holding public office. Ineligibility is not one of the otherwise, the guilty parties would be penalized.
Conversely, the SK official must not have turned 21 years grounds enumerated in Section 435 for succession of the
old before his election. Reading Section 423 [b] together SK Chairman. i. Yapdiangco v. Buencamino, G.R.
with Section 428 of the Code, the latest date at which an No. 28841, 24 July 1983
SK elective official turns 21 years old is on the day of his h. Vir-jen Shipping v. NLRC, G.R. No.
election. The maximum age of a youth official must 58011, 20 July 1982 1.CRIMINAL LAW; LIGHT OFFENSES;
therefore be exactly 21 years on election day. Section 3 [b] PRESCRIPTION; COMPUTATION OF PERIOD. —
in relation to Section 6 [a] of COMELEC Resolution No. At first glance it might seem that the judgment of the Under Article 90 of the Revised Penal Code, light offenses
2824 is not ultra vires insofar as it fixes the maximum age NLRC should have more weight than that of NSB. Having prescribe in two months. Article 13 of the Civil Code
of an elective SK official on the day of his election. in view, however, the set up and relationship of these two provides that when the law speak of months, it shall be
entities framed by the Labor Code, the NSB is not only understood that months are of thirty days each. The period
10. ID.; ID.; AGE QUALIFICATION, A QUESTION OF charged directly with the administration of shipping of prescription shall commence to run from the day on
ELIGIBILITY; CONSEQUENCE OF NON- companies in the hiring of seamen for overseas which the crime is discovered by the offended party, the
COMPLIANCE; CASE AT BAR. — The ineligibility of employment by seeing to it that our seamen "secure the best authorities or their agents, and shall be interrupted by the
petitioner does not entitle private respondent, the candidate possible terms of employment for contract seamen workers filing of the complaint or information, and shall commence
who obtained the highest number of votes in the May 6, and secure compliance therewith". Its composition as of the to run again when such proceedings terminate without the
1996 elections, to be declared elected. A defeated candidate time this controversy arose is worth noting — for it is made accused being convicted or acquitted, or are unjustifiably
cannot be deemed elected to the office. Moreover, despite up of the Minister of Labor as Chairman, the Deputy stopped for any reason not imputable to him. The term of
his claims, private respondent has failed to prove that the Minister as Vice Chairman, and a representative each of the prescription shall not run when the offender is absent from
electorate themselves actually knew of petitioner's Ministries of Foreign Affairs, National Defense, Education the Philippine Archipelago.
ineligibility and that they maliciously voted for her with the and Culture, the Central Bank, the Bureau of Employment
intention of misapplying their franchises and throwing Service, a worker's organization and an employee's 2.ID.; STATUTE OF LIMITATION IN CRIMINAL
away their votes for the benefit of her rival candidate. organization and the Executive Director of the Overseas CASES; NATURE ESSENTIALLY DIFFERENT FROM
Neither can this Court order that pursuant to Section 435 of Employment Development Board. (Article 23, Labor Code) STATUTE OF LIMITATION IN CIVIL SUITS. — The
the Local Government Code petitioner should be succeeded It is such a board that has to approve all contracts of case at hands does not involve the simple issue of when to
by the Sangguniang Kabataan member who obtained the Filipino seamen (Article 18, Labor Code). And after such do an act. It deals with the prescription of a criminal action.
next higher number of votes in the May 6, 1996 elections. approval, the contract becomes unalterable, it being Under unquestioned authorities, the question to be resolved
Section 435 applies when a Sangguniang Kabataan "unlawful" under Article 34 of the Code "for any is when the State is deemed to have lost or waived its right
Chairman "refuses to assume office, fails to qualify, is individual, entity, licensee or holder of authority: (i) to to prosecute an act prohibited and punished by law. "We
convicted of a felony, voluntarily resigns, dies, is substitute or alter employment contracts approved and should at first observe that a mistake is sometimes made in
permanently incapacitated, is removed from office, or has verified by Department of Labor from the time of actual applying to statutes of limitation in criminal suits the
been absent without leave for more than three (3) signing thereof by the parties up to and including the period construction that has been given statutes of limitation in
consecutive months." The question of the age qualification of expiration of the same without the approval of the civil suits. The two classes of statutes, however, are
is a question of eligibility. Being "eligible" means being Department of Labor." In other words, it is not only that essentially different. In civil suits the statute is interposed
"legally qualified; capable of being legally chosen." contracts may not be altered or modified or amended by the legislature as an impartial arbiter between two
Ineligibility, on the other hand, refers to the lack of the without mutual consent of the parties thereto; it is further contending parties. In the construction of the statue,
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therefore, there is no intendment to be made in favor of REMEDIAL LAW; CRIMINAL PROCEDURE; reaching impact on law and politics, more extensive and
either party. Neither grants the right to the other; there is COMPLAINT OR INFORMATION; WHERE THE LAST nuanced analysis of temporary legislation is critical. This
therefore no grantor against whom the ordinary DAY OF FILLING THEREOF FELL ON A SUNDAY OR Article represents the first systematic attempt to analyze the
presumptions of construction are to be made. But it is HOLIDAY, THE SAME MAY BE FILED ON THE NEXT historical, legal, and political implications of temporary
otherwise when a statute of limitation is granted by the SUCCEEDING BUSINESS DAY. — Section 31 of the legislation.
State. Here the State is the grantor, surrendering by act of Revised Administrative Code provides that "where the day
grace its rights to prosecute, and declaring the offense to be or the last day, for doing an act required or permitted by b. Co Kim Chan v. Valdez Tan Keh,
no longer the subject of prosecution. The statute is not a law falls on a holiday, the act may be done on the next G.R. No. L-5, 17 September 1945
statute of process, to be scantily and grudgingly applied, succeeding business day." In the case at bar since the last
but an amnesty, declaring that after a certain time oblivion day within which ti file the complaint or information in 1. POLITICAL AND INTERNATIONAL LAW;
shall be cast over the offense; that the offender shall be at court fell on a Sunday, the filing thereof may be done on VALIDITY OF ACTS OF "DE FACTO"
liberty to return to his country, and resume his immunities the next succeeding business day. GOVERNMENT. — It is a legal truism in political and
as a citizen; and that from henceforth he may cease to international law that all acts and proceedings of the
preserve the proofs of his innocence, for the proofs of his 6. EFFECTIVITY OF LAWS UNTIL legislative, executive, and judicial departments of a de facto
guilt and blotted out. REPEALED government are good and valid.

3.ID.; RULES DEALING WITH THE COMPUTATION a. Concept of Temporary Statutes 2. ID.; KINDS OF "FACTO" GOVERNMENTS. — There
OF TIME ALLOWED TO PERFORM A PARTICULAR are several kinds of de facto governments. The first, or
ACT; INAPPLICABLE TO STATUTE OF LIMITATION In form, temporary legislation merely sets a date on government de facto in a proper legal sense, is that
IN CRIMINAL CASES. — The rules contained in Section which an agency, regulation, or statutory scheme will government that gets possession and control of, or usurps,
31 of the Revise Administrative Code and Section 1, Rule terminate unless affirmative action satisfying the by force or by the voice of the majority, the rightful legal
28 of the Old Rules of Court deal with the computation of constitutional requirements of bicameralism and government and maintains itself against the will of the
time allowed to do a particular act, such as, the filling of presentment is taken by the legislature.1 In function latter, such as the government of England under the
tax returns on or before a definite date, filing an answer to a however, temporary legislation differs systematically from Commonwealth, first the Parliament and later by Cromwell
complainant, taking an appeal, etc. they do not apply to permanent legislation in significant ways that implicate as Protector. The second is that which is established and
lengthen the period fixed by the State for it to prosecute core problems of institutional design, inter-temporal maintained by military forces who invade and occupy a
those who committed a crime against it. The waiver or loss allocation of political control within the legislature, the territory of the enemy in the course of war, and which is
of the right to prosecute such offenders is automatic and by ability of concentrated interest both to lobby for rents and denominated a government of paramount force, as the cases
operation of law. Where the sixtieth and last day to file an to have rents extracted from them by legislators, the of Castine, in Maine, which was reduced to British
information falls on a Sunday or legal holiday, the sixty- production and aggregation of information and expertise in possession in the in the war of 1812, and of Tampico,
day period cannot be extended up to the next working day. the policy-making process, and the transaction costs of Mexico, occupied during the war with Mexico, by the
Prescription has automatically set in. The remedy is for the enacting and maintaining public policy. Temporary and troops of the United States. And the third is that established
fiscal or prosecution to file the information on the last permanent laws differ only in their respective default rules; as an independent government by the inhabitants of a
working day before the criminal offense prescribes. but given the magnitude of transaction costs in legislatures, country who rise in insurrection against the parent state,
the import of that difference is remarkable. Both because such as the government of the Southern Confederacy in
RELOVA, J., dissenting: temporary legislation constitutes so significant a portion of revolt against the Union during the war of secession.
the overall legislative docket and because of the far-
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3. ID.; DISTINGUISHING CHARACTERISTICS OF military forces, was a civil government established by the other means recognized in the law of nations. For it is a
SECOND KIND OF "DE FACTO" GOVERNMENT. — military forces of occupation and therefore a de facto well-established doctrine in international law, recognized in
The distinguishing characteristics of the second kind of de government of the second Kind. It was not different from Article 45 of the Hague Convention of 1907 (which
facto government, more aptly denominated a government the government established by the British in Castine, prohibits compulsion of the population of the occupied
of paramount force, are (1), that its existence is maintained Maine, or by the United States in Tampico, Mexico. As territory to swear allegiance to the hostile power), that
by active military power within the territories and against Halleck says, "the government established over an enemy's belligerent occupation, being essentially provisional, does
the rightful authority of an established and lawful territory during the military occupation may exercise all the not serve to transfer sovereignty over the territory
government; and (2), that while it exist it must necessarily powers given by the laws of war to the conqueror over the controlled although the de jure government is during the
be obeyed in civil matters by private citizens who, by acts conquered, and is subject to all restrictions which that code period of occupancy deprived of the power to exercise its
of obedience rendered in submission to such force, do not imposes. It is of little consequence whether such rights as such. Even if the Republic of the Philippines had
become responsible, as wrongdoers, for those acts, though government be called a military or civil government. Its been established by the free will of the Filipino people who,
not warranted by the laws of the rightful government. character is the same and the source of its authority the taking advantage of the withdrawal of the American forces
Actual governments of this sort are established over same. In either case it is a government imposed by the laws from the Islands, had organized an independent government
districts differing greatly in extent and conditions. They are of war, and so far as it concerns the inhabitants of such under that name with the support and backing of Japan,
usually administered by military authority, but they may be territory or the rest of the world, those laws alone determine such government would have been considered as one
administered, also, by civil authority, supported more or the legality or illegality of its acts." (Vol. 2, p. 466.) The established by the Filipinos in insurrection or rebellion
less directly by military force. fact that the Philippine Executive Commission was a civil against the parent state of the United States. And, as such, it
and not a military government and was run by Filipinos and would have been a de facto government similar to that
4. ID.; ID.; POWERS AND DUTIES OF GOVERNMENT not by Japanese nationals, is of no consequence. organized by the confederate states during the war of
OF PARAMOUNT FORCE. — The powers and duties of secession and recognized by the as such by the Supreme
de facto governments of this description are regulated in 6. ID.; ID.; ID.; SO-CALLED REPUBLIC OF THE Court of the United States in numerous cases; and similar
Section III of the Hague Convention of 1907, which is a PHILIPPINES, OF SAME CHARACTER AS to the short-lived government established by the Filipino
revision of the provisions of the Hague Conventions of PHILIPPINE EXECUTIVE COMMISSION. — The so- insurgents in the Islands of Cebu during the Spanish-
1899 on the same subject of Military Authority over Hostile called Republic of the Philippines, apparently established American war, recognized as a de facto government by
Territory. Article 43 of said Section III provides that "the and organized as a sovereign state independent from any same court in the case of McCleod vs. United States (229
authority of the legitimate power having actually passed other government by the Filipino people, was, in truth and U. S., 416).
into the hands of the occupants, the latter shall take all steps reality, a government established by the belligerent
in his power to reestablish and issue, as far as possible, occupants or the Japanese forces of occupation. It was of 7. ID.; ID.; ID.; VALIDITY OF JUDICIAL ACTS AND
public order and safety, while respecting, unless absolutely the same character as the Philippine Executive PROCEEDINGS OF PHILIPPINE EXECUTIVE
prevented, the laws in force in the country." Commission, and the ultimate source of its authority was COMMISSION AND REPUBLIC OF THE PHILIPPINES
the same — the Japanese military authority and AFTER REOCCUPATION OF THE PHILIPPINES. —
5. ID.; ID.; ID.; PHILIPPINE EXECUTIVE government. Japan had no legal power to grant The governments of the Philippine Executive Commission
COMMISSION, A "DE FACTO" GOVERNMENT OF independence to the Philippines or transfer the sovereignty and the Republic of the Philippines during Japanese
THE SECOND KIND. — It is evident that the Philippine of the United States to, or recognize the latest sovereignty military occupation being de facto governments, it
Executive Commission, which was organized by Order No. of, the Filipino people, before its military occupation and necessarily follows that the judicial acts and proceedings of
1, issued on January 23, 1942 by the Commander of the possession of the islands had matured into an absolute and the courts of justice of those governments, which are not of
Japanese forces, was a civil government established by the permanent dominion or sovereignty by a treaty of peace or a political complexion, were good and valid, and, by virtue
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of the well-known principle of postliminy (postliminium) in JAPANESE MILITARY OCCUPATION. — Although in Philippines by virtue of the principle of postliminy (Hall,
international law, remained good and valid after the theory the authority of the local civil and judicial International Law, 7th ed., p. 526), may continue the
liberation or reoccupation of the Philippines by the administration is suspended as a matter of course as soon as proceedings in cases then pending in said courts, without
American and Filipino forces under the leadership of military occupation takes place, in practice the invader does necessity of enacting a law conferring jurisdiction upon
General Douglas MacArthur. not usually take the administration of justice into his own them to continue said proceedings.
hands, but continues the ordinary courts or tribunals to
8. ID.; ID.; ID.; SCOPE OF PROCLAMATION OF administer the laws of the country which he is enjoined, 10. ID.; ID.; ID.; CONTINUITY OF LAW. — It is a legal
GENERAL DOUGLAS MACARTHUR ANNULLING unless absolutely prevented, to respect. Following this maxim that, excepting that of a political nature, "Law once
ALL "PROCESSES OF ANY OTHER GOVERNMENT practice and the precepts of the law of nations, the established continues until changed by some competent
IN THE PHILIPPINE." — The phrase "processes of any Commander in Chief of the Japanese forces proclaimed on legislative power. It is not changed merely by chance of
other government" is broad and may refer not only to January 3, 1943, when Manila was occupied, the military sovereignty." (Joseph H. Beale, Cases on Conflict of Laws,
judicial processes, but also to administrative or legislative, administration under martial law over the territory occupied III, Summary section 9, citing Commonwealth vs.
as well as constitutional, processes of the Republic of the by the army, and ordered that "all the laws now in force in Chapman, 13 Met., 68.) As the same author says, in his
Philippines of other governmental agencies established in the Commonwealth, as well as executive and judicial Treatise on the Conflict of Laws (Cambridge, 1916, section
the Islands during the Japanese occupation. Taking into institutions, shall continue to be effective for the time being 131): "There can be no break or interregnum in law. From
consideration the fact that, according to the well-known as in the past," and "all public officials shall remain in their the time the law comes into existence with the first-felt
principles of international law all judgments and judicial present post and carry on faithfully their duties as before." corporateness of a primitive people it must last until the
proceedings, which are not of a political complexion, of the When the Philippine Executive Commission was organized final disappearance of human society. Once created, it
de facto governments during the Japanese military by Order No. 1 of the Japanese Commander in Chief, on persist until a change takes place, and when changed it
occupation were good and valid before and remained so January 23, 1943, the Chairman of the Executive continues in such changed condition until the next change,
after the occupied territory had come again into the power Commission, by Executive Orders Nos. 1 and 4 of January and so forever. Conquest or colonization is impotent to
of the titular sovereign, it should be presumed that it was 30 and February 5, respectively, continued the Supreme bring law to amend; in spite of change of constitution, the
not, and could not have been, the intention of General Court, Court of Appeals, Court of First Instance, and law continues unchanged until the new sovereign by
Douglas MacArthur, in using the phrase "processes of any justices of the peace courts, with the same jurisdiction, in legislative act creates a change." As courts are creatures of
other government" in said proclamation, to refer to judicial conformity with the instructions given by the Commander statutes and their existence depends upon that of the laws
processes, in violation of said principles of international in Chief of the Imperial Japanese army in Order No.3 of which create and confer upon them their jurisdiction, it is
law. The only reasonable construction of the said phrase is February 20, 1942. And on October 14, 1943 when the so- evident that such laws, not being of a political nature, are
that it refers to governmental processes other than judicial called Republic of the Philippines was inaugurated, the not abrogated by a change of sovereignty, and continues in
processes or court proceedings, for according to a well- same courts were continued with no substantial change in force "ex proprio vigore" unless and until repealed by
known rule of statutory construction, set forth in 25 R. C. the organization and jurisdiction thereof. If the proceedings legislative acts. A proclamation that said laws and courts
L., p. 1028, "a statute ought never to be construed to violate pending in the different courts of the Islands prior to the are expressly continued is not necessary in order that they
the law of nations if any other possible construction Japanese military occupation had been continued during the may continue in force. Such proclamation, if made, is but a
remains." Japanese military administration, the Philippine Executive declaration of the intention of respecting and not repealing
Commission, and the so-called Republic of the Philippines, those laws. As a consequence, enabling laws or acts
9. ID.; ID.; ID.; JURISDICTION OF COURTS OF it stands to reason the same courts, which become providing that proceedings pending in one court be
COMMONWEALTH TO CONTINUE PROCEEDINGS reestablished and conceived of as having been in continued continued by or transferred to another court, are not
IN ACTIONS PENDING IN COURTS DURING existence upon the reoccupation and liberation of the required by the mere change of government or sovereignty.
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They are necessary only in case the former courts are 2. VALIDITY OF THE CREATION OF THE COURT OF based on the semi-inquisitorial or mixed system prevailing
abolished or their jurisdiction so changed that they can no SPECIAL AND EXCLUSIVE CRIMINAL in France and other countries in continental Europe.
longer continue taking cognizance of the cases and JURISDICTION — The so called Republic of the
proceedings commenced therein, in order that the new Philippines, being a governmental instrumentality of the 4. VALIDITY OF ACT NO. 65 OF THE NATIONAL
courts or the courts having jurisdiction over said cases may belligerent occupant, had the power or was competent to ASSEMBLY OF THE SO-CALLED REPUBLIC OF THE
continue the proceedings. create the Court of Special and Exclusive Criminal PHILIPPINES. — It was within the power and competence
Jurisdiction. No question may arise as to whether or not a of the belligerent occupant to promulgate, through the
c. William F. Peralta v. The Director of court is of a political complexion, for it is a mere National Assembly of the so-called Republic of the
Prisons, G.R. No. L-49, 12 November governmental agency charged with the duty of applying the Philippines, Act No. 65 of the said Assembly, which
1945 law to cases falling within its jurisdiction. Its judgments penalizes the crimes of robbery and other offenses as new
and sentences may be of political complexion or not crimes and offenses demanded by military necessity,
1. CONSTITUTION OF THE PHILIPPINE depending upon the nature or character of the law so incident to a state of war, and necessary for the control of
COMMONWEALTH AND CONSTITUTION OF THE applied. There is no room for doubt, therefore, as to the the country by the belligerent occupant, the protection and
SO-CALLED REPUBLIC OF THE PHILIPPINES, NOT validity of the creation of the court in question. safety of the army of occupation, its support and efficiency,
APPLICABLE TO CASE AT BAR. — As the so-called and the success of its operations. They are not the same
Republic of the Philippines was a de facto government of 3. VALIDITY OF THE SUMMARY PROCEDURE ordinary offenses penalized by the Revised Penal Code.
the second kind (of paramount force), the questions ADOPTED FOR SAID COURT. — With respect to the The criminal acts penalized by said Act No. 65 are those
involved in the present case cannot be decided in the light summary procedure adopted by Ordinance No. 7, and committed by persons charged or connected with the
of the Constitution of the Commonwealth Government, followed in the trial of the case which resulted in the supervision and control of the production, procurement and
because the belligerent occupant was totally independent of conviction of the herein petitioner, there is also no question distribution of foods and other necessaries; and the
the constitution of the occupied territory in carrying out the as to the power or competence of the belligerent occupant penalties imposed upon the violators are different from and
administration over said territory (Oppenheim's to promulgate the law providing for such procedure. The much heavier than those provided by the Revised Penal
International Law, Vol. II, Sixth Edition, Revised, 1944, p. only restrictions or limitations imposed upon the power of a Code for the same ordinary crimes. The acts penalized by
342); and the doctrine laid down by the Supreme Court of belligerent occupant to alter the laws or promulgate new said Act were taken out of the territorial law or Revised
the United States in the cases involving the validity of ones, especially the criminal law as well as the laws Penal Code, and referred to what is called martial law by
judicial and legislative acts of the Confederate States, regarding procedure, so far as it is necessary for military international jurists, defined above by Hyde, in order, not
considered as de facto governments of the third kind, does purposes, that is, for his control of the territory and the only to prevent food and other necessaries from reaching
not apply to the acts of the so-called Republic of the safety and protection of his army, are those imposed by the the "guerrillas" which were harassing the belligerent
Philippines which is a de facto government of paramount Hague Regulations, the usages established by civilized occupant from every nook and corner of the country, but
force. The Constitution of the so-called Republic of the nations, the laws of humanity and the requirements of also to preserve the food supply and other necessaries in
Philippines can neither be applied, since the validity of an public conscience. It is obvious that the summary procedure order that in case of necessity, the Imperial Japanese forces
act of a belligerent occupant cannot be tested in the light of under consideration does not violate these precepts. It could easily requisition them, as they did, and as they had
another act of the same occupant, whose criminal cannot be considered as violating the laws of humanity and the right to do in accordance with the law of nations for
jurisdiction is drawn entirely from the law martial as public conscience, for it is less objectionable, even from the their maintenance and subsistence (Art LII, sec. III, Hague
defined in the usages of nations. point of view of those who are used to the accusatory Conventions of 1907). Especially taking into consideration
system of criminal procedure, than the procedural laws the fact, of which this court may take judicial notice, that

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the Imperial Japanese Army had depended mostly for their issued by General Douglas MacArthur on October 23, 13. REVOLTING PROCEDURE. — The procedure
supply upon the produce of this country. 1944. provided under Ordinance No. 7 is so revolting, so
nauseating, and so opposed to human nature, that it takes
5. POLITICAL COMPLEXION OF THE CRIMES 8. THE OCTOBER PROCLAMATION. — The October real courage to keep one's equanimity when analyzing it. It
PENALIZED BY SAID ACT NO. 65 AND ORDINANCE Proclamation was issued by General MacArthur in keeping is beyond comprehension how a man, endowed with
NO. 7 OF THE PRESIDENT OF THE SO-CALLED with the official statement issued by the President of the reason, could devise such an execrable system of judicial
REPUBLIC OF THE PHILIPPINES. — The crimes United States of October 23, 1943, denying recognition or procedure, which is but a shameless mockery of the
penalized by Act No. 65 — as well as the crimes against sympathy to the collaborationist "Philippine Executive administration of justice.
national security and the law of nations, and the crimes Commission" and the Laurel "Philippine Republic."
against public order, penalized by Ordinance No. 7 and 14. THE GUARANTEE AGAINST SELF-
placed under the jurisdiction of the Court of Special and 9. FUNDAMENTAL PRINCIPLES IN CRIMINAL INCRIMINATION SHOULD BE RETAINED
Exclusive Criminal Jurisdiction — are all of a political PROCEDURE. — Ordinance No. 7 is incompatible with JEALOUSY — It is necessary to be careful to retain
complexion, because the acts constituting those offenses the fundamental principles and essential safeguards in jealously the constitutional guarantee against self-
were punished, as are all political offenses, for public rather criminal procedure, universally recognized in civilized incrimination. It was acquired as a result of protests against
than private reasons, and were acts in aid or favor of the modern nations, and can only be justified by a retrogressive all inquisitorial and third degree procedure.
enemy and directed against the welfare, safety and security and reactionary mentality developed under the social,
of the belligerent occupant. cultural, and political atmosphere of the era of darkness. 15. THIRD DEGREE PROCEDURES. — We must not
forget that even during normal times, under the twentieth
6. VALIDITY OF SENTENCES DURING 10. WARRANTS OF SEARCH AND SEIZURE. — The century lights, just before the last global war started, in
OCCUPATION FOR CRIMES OF POLITICAL provisions of Ordinance no. 7 as to issuance of search America and in the Philippines, it was heard not rarely
COMPLEXION, AFTER REOCCUPATION OR warrants are repugnant to the Filipino sense of right in the denunciations of third degree procedures employed by
LIBERATION. — The punitive sentence under matter of warrants of search and seizure, sense of right agents of the law. This very Supreme Court, not only once,
consideration, although good and valid during the military which has been clearly and definitely stereotyped in Art. had to deal with cases where such tactics were conclusively
occupation of the Philippines by the Japanese forces, III, Sec. 1 (3), of the Constitution of the Philippines. Under proved. Even today, among criminal cases we have under
ceased to be good and valid ipso facto upon the the Constitution of the Philippines, search warrants should consideration, there is evidence of confessions exacted
reoccupation of these Islands and the restoration therein of be issued only by a judge. through cruel and brutal means.
the Commonwealth Government. (Hall's International Law,
seventh edition, p. 518; Westlake, International Law, Part 11. HABEAS CORPUS — Section 7 of Ordinance No. 7, 16. EVERYBODY'S SECURITY JEOPARDIZED. —
Ii, War, pp. 97, 98; Wheaton's International Law, War, suspending the privileges of the writ of habeas corpus, is Even with the existence of the constitutional guarantee
seventh edition, 1944, p. 245.) violative of one of the fundamental guarantees in the against self-incrimination, there are officers of the law who
Constitution of the Philippines. cannot resist the temptation of using their power to compel,
Per PERFECTO, J., concurring: through third degree methods, innocent of guilty persons to
12. SELF-INCRIMINATION — The criminal procedure admit involuntarily real or imaginary offenses. Let us allow
7. ORDINANCE NO. 7 NULLIFIED BY OCTOBER authorized by Ordinance No. 7, in relation with Executive changes tending to nullify the protection against self-
PROCLAMATION. — Ordinance No. 7 issued by Order No. 157, is violative of the constitutional guarantee incrimination, and no man, however innocent be may be,
President Laurel, of the "Republic of the Philippines" under against self-incrimination. shall be secure in his person, in his liberty, in his honor, in
the Japanese regime, was nullified by the proclamation his life.
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 permanent allegiance, which consists in the obligation of
17. APPEAL IS A FUNDAMENTAL RIGHTS OF ALL 23. INTERNATIONAL LAW. — Under international law, fidelity and obedience to his government or sovereign.
ACCUSED. — Under the provisions of the Constitution of under the most elemental principles of law, the legitimate
the Philippines (Art. VIII, sec. 2), the right of appeal has government, once restored to his own territory, after 2. ID.; ID.; ID.; EFFECT OF ENEMY OCCUPATION. —
been recognized as one of the fundamental rights of all expelling the invader, enjoys the absolute freedom of not The absolute and permanent allegiance of the inhabitants of
accused in the Philippines. recognizing or by nullifying any and all acts of the invader. a territory occupied by the enemy to their legitimate
government or sovereign is not abrogated or severed by the
18. ID., REASONS OF THE DRAFTERS OF THE 24. DECISION RENDERED UNDER FOREIGN enemy occupation, because the sovereignty of the
CONSTITUTION. — The drafters of our Constitution, AUTHORITY UNENFORCEABLE. — The decision is by government or sovereign de jure is not transferred thereby
taught by the unerring lessons of human experience, came which petitioner was convicted and is being held for life, to the occupier.
to the conclusion that mistake is one of the most having been rendered by a tribunal created, functioning,
irretrievable human weaknesses. To reduce to the minimum and acting under the authority of a foreign state, the 3. ID.; ID.; ID.; SOVEREIGNTY, EFFECT ON, OF
the effects of such innate human weakness, they provided n Emperor or the Imperial Government of Japan, is ENEMY OCCUPATION. — The subsistence of the
our fundamental law that appeal to the highest tribunal of unenforceable. sovereignty of the legitimate government in a territory
the land may be enjoyed by any accused. occupied by the military forces of the enemy during a war,
25. VESTIGES OF A PEOPLE SPIRITUALLY "although the former is in fact prevented from exercising
19. INSTRUMENTALITY IN THE SERVICE OF THE PERVERTED AND DEBASED. — The process and the supremacy over them" is one of the "rules of
PEOPLE. — The Supreme Court is just one of the judgment under which petitioner has been convicted is one international law of our times."
instrumentalities created by the Constitution in the service of the hateful vestiges left in our country by the moral
of the people. It is one of the means considered necessary savagery of a people spiritually perverted and debased. We 4. ID.; ID.; ID.; "TEMPORARY ALLEGIANCE"
to better serve the supreme interest of the people. must erase those vestiges if we want to keep immune from SIMILAR TO ALLEGIANCE OF FOREIGNER TO
all germs of decay the democratic institutions which are the GOVERNMENT OF HIS RESIDENCE. — The words
20. EQUAL PROTECTION OF THE LAWS ABRIDGED. pride of our people and country. "temporary allegiance," repudiated by Oppenheim and
— The summary procedure in criminal cases under other publicists, as descriptive of the relations borne by the
Ordinance No. 7 abridged the constitutional guarantee of 26. PERFECTION OF ELEMENTAL HUMAN inhabitants of the territory occupied by the enemy toward
equal protection of the laws. CONCEPTS.— The procedure here in question exhibits the military government established over them, may, at
either inversion, retroversion, subversion, or perversion of most, be considered similar to the temporary allegiance
21. PRESUMPTION OF INNOCENCE VIOLATED. — elemental human concepts. It ignores completely the high which a foreigner owes to the government or sovereign of
The summary procedure established by Ordinance No. 7 purposes of a judicial procedure. the territory wherein he resides in return for the protection
violates the constitutional principle that all accused shall be he receives and does not do away with the absolute and
presumed innocent until the contrary is proved beyond all d. Laurel v. Misa, G.R. No. L-409, 30 permanent allegiance which the citizen residing in a foreign
reasonable doubt. January 1947 country owes to his own government or sovereign.

22. THE HAGUE CONVENTION. — The Hague 1. INTERNATIONAL AND CONSTITUTIONAL LAW; 5. ID.; ID.; ID.; ID.; TREASON IN FOREIGN COUNTRY
Convention of 1899 is flagrantly violated by the enactment ALLEGIANCE OF CITIZEN OR SUBJECT TO AND IN TERRITORY UNDER MILITARY
of Ordinance No. 7. SOVEREIGN; NATURE OF. — A citizen or subject owes, OCCUPATION. — Just as a citizen or subject of a
not a qualified and temporary, but an absolute and government or sovereign may be prosecuted for and
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convicted of treason committed in a foreign country, in the aid and comfort, the occupant has no power, as a corollary political question, the determination of which by the
same way an inhabitant of a territory occupied by the of the preceding consideration, to repeal or suspend the legislative and executive departments of any government
military forces of the enemy may commit treason against operation of the law of treason. conclusively binds the judges, as well as all other officer,
his own legitimate government or sovereign if he adheres to citizens and subjects of the country."
the enemies of the latter by giving them aid and comfort. 9. ID.; ID.; ID.; ID.; SUSPENDED ALLEGIANCE,
EFFECT OF THEORY OF, ADOPTED. — Adoption of 13. ID.; ID.; ID.; PHILIPPINE REPUBLIC, RIGHT OF,
6. ID.; ID.; ID.; ID.; ID.; ARTICLE 114 OF REVISED the petitioner's theory of suspended allegiance would lead TO PROSECUTE TREASON COMMITTED DURING
PENAL CODE, APPLICABILITY OF. — Article 114 of to disastrous consequences for small and weak nations or JAPANESE OCCUPATION. — Just as treason may be
the Revised Penal Code, was applicable to treason states, and would be repugnant to the laws of humanity and committed against the Federal as well as against the State
committed against the national security of the legitimate requirements of public conscience, for it would allow Government, in the same way treason may have been
government, because the inhabitants of the occupied invaders to legally recruit or enlist the Quisling inhabitants committed during the Japanese occupation against the
territory were still bound by their allegiance to the latter of the occupied territory to fight against their own sovereignty of the United States as well as against the
during the enemy occupation. government without the latter incurring the risk of being sovereignty of the Philippine Commonwealth; and that the
prosecuted for treason, and even compel those who are not change of our form of government from Commonwealth to
7. ID.; ID.; ID.; ID.; POWER OF MILITARY to aid them in their military operation against the resisting Republic does not affect the prosecution of those charged
OCCUPANT TO CHANGE LAWS OR MAKE NEW enemy forces in order to completely subdue and conquer with the crime of treason committed during the
ONES. — Although the military occupant is enjoined to the whole nation, and thus deprive them all of their own Commonwealth, because it is an offense against the same
respect or continue in force, unless absolutely prevented by independence or sovereignty —such theory would sanction government and the same sovereign people, for Article
the circumstances, those laws that enforce public order and the action of invaders in forcing the people of a free and XVIII of our Constitution provides that: "The government
regulate the social and commercial life of the country, he sovereign country to be a party in the nefarious task of established by this Constitution shall be known as the
has, nevertheless, all the powers of a de facto government depriving themselves of their own freedom and Commonwealth of the Philippines. Upon the final and
and may, at his pleasure, either change the existing laws or independence and repressing the exercise by them of their complete withdrawal of the sovereignty of the United
make new ones when the exigencies of the military service own sovereignty; in other words, to commit a political States and the proclamation of Philippine Independence,
demand such action, that is, when it is necessary for the suicide. the Commonwealth of the Philippines shall thenceforth be
occupier to do so for the control of the country and the known as the Republic of the Philippines."
protection of his army, subject to the restrictions or 10. ID., SOVEREIGNTY, IN WHOM DOES IT RESIDE.
limitations imposed by the Hague Regulations, the usages — Sovereignty resides in the people of the Philippines. CHAPTER IV
established by civilized nations, the laws of humanity and CANONS OF CONSTRUCTION
the requirements of public conscience. 11. ID.; ID.; COMMONWEALTH OF THE PHILIPPINES
A SOVEREIGN GOVERNMENT. — The Commonwealth I. LITERAL INTERPRETATION
8. ID.; ID.; ID.; ID.; MILITARY OCCUPANT CANNOT of the Philippines was a sovereign government, though not
REPEAL OR SUSPEND OPERATION OF LAW OF absolute but subject to certain limitations imposed in the 1. VERBA LEGIS
TREASON. — Since the preservation of the allegiance or Independence Act and incorporated as Ordinance appended
the obligation of fidelity and obedience of a citizen or to our Constitution. a. Risos-Vidal v. COMELEC &
subject to his government or sovereign does not demand Estrada, G.R. No. 206666, January
from him a positive action, but only passive attitude or 12. ID.; ID.; ID.; QUESTIONS OF SOVEREIGNTY, 21, 2015
forbearance from adhering to the enemy by giving the latter POLITICAL. — The question of sovereignty is "a purely
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The 1987 Constitution, specifically Section 19 of Article provision granting pardoning power to the President shared b. Trade Investment Development
VII and Section 5 of Article IX-C, provides that the similar phraseology with what is found in the present 1987 Corp. v. Civil Service Commission,
President of the Philippines possesses the power to grant Constitution, the Court then unequivocally declared that G.R. No. 182249, March 5, 2013
pardons, along with other acts of executive clemency, to "subject to the limitations imposed by the Constitution, the
wit: pardoning power cannot be restricted or controlled by The CSC's rule-making power, albeit constitutionally
legislative action." The Court reiterated this pronouncement granted, is still limited to the implementation and
Section 19. Except in cases of in Monsanto v. Factoran, Jr. 29 thereby establishing that, interpretation of the laws it is tasked to enforce.
impeachment, or as otherwise provided in under the present Constitution, "a pardon, being a
this Constitution, the President may grant presidential prerogative, should not be circumscribed by The 1987 Constitution created the CSC as the central
reprieves, commutations, and pardons, and legislative action." Thus, it is unmistakably the long- personnel agency of the government mandated to establish
remit fines and forfeitures, after conviction standing position of this Court that the exercise of the a career service and promote morale, efficiency, integrity,
by final judgment. pardoning power is discretionary in the President and may responsiveness, progressiveness, and courtesy in the civil
not be interfered with by Congress or the Court, except service. 26 It is a constitutionally created administrative
He shall also have the power to grant amnesty with the only when it exceeds the limits provided for by the agency that possesses executive, quasi-judicial and quasi-
concurrence of a majority of all the Members of the Constitution. legislative or rule-making powers.
Congress.
This doctrine of non-diminution or non-impairment of the While not explicitly stated, the CSC's rule-making power is
Section 5. No pardon, amnesty, parole, or President's power of pardon by acts of Congress, subsumed under its designation as the government's
suspension of sentence for violation of specifically through legislation, was strongly adhered to by "central personnel agency" in Section 3, Article IX-B of the
election laws, rules, and regulations shall an overwhelming majority of the framers of the 1987 1987 Constitution. The original draft of Section 3
be granted by the President without the Constitution when they flatly rejected a proposal to carve empowered the CSC to "promulgate and enforce policies
favorable recommendation of the out an exception from the pardoning power of the President on personnel actions, classify positions, prescribe
Commission. in the form of "offenses involving graft and corruption" that conditions of employment except as to compensation and
would be enumerated and defined by Congress through the other monetary benefits which shall be provided by law."
enactment of a law. This, however, was deleted during the constitutional
It is apparent from the foregoing constitutional provisions
that the only instances in which the President may not commission's deliberations because it was redundant to the
extend pardon remain to be in: (1) impeachment cases; (2) It is well-entrenched in this jurisdiction that where the CSC's nature as an administrative agency
cases that have not yet resulted in a final conviction; and words of a statute are clear, plain, and free from ambiguity,
(3) cases involving violations of election laws, rules and it must be given its literal meaning and applied without The 1987 Administrative Code then spelled out the CSC's
regulations in which there was no favorable attempted interpretation. Verba legis non est recedendum. rule-making power in concrete terms in Section 12, Book
recommendation coming from the COMELEC. Therefore, From the words of a statute there should be no departure. V, Title I-A, which empowered the CSC to implement the
it can be argued that any act of Congress by way of statute 31 It is this Court's firm view that the phrase in the civil service law and other pertinent laws, and to
cannot operate to delimit the pardoning power of the presidential pardon at issue which declares that former promulgate policies, standards and guidelines for the civil
President. President Estrada "is hereby restored to his civil and service. 29
political rights" substantially complies with the requirement
of express restoration.
In Cristobal v. Labrador, and Pelobello v. Palatino, which The CSC's rule-making power as a constitutional grant is
were decided under the 1935 Constitution, wherein the an aspect of its independence as a constitutional
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commission. It places the grant of this power outside the Sec. 80. Arrest; Institution of Criminal
reach of Congress, which cannot withdraw the power at any (1) Cutting, gathering, collecting and Actions. — A forest officer or employee of
time. As we said in Gallardo v. Tabamo, Jr.,30 a case removing timber or other forest products the Bureau or any personnel of the
which upheld the validity of a resolution issued by the from any forest land, or timber from Philippine Constabulary/Philippine
Commission on Elections (COMELEC),another alienable or disposable public land, or from National Police shall arrest even without
constitutional commission: private land without any authority; and warrant any person who has committed or
is committing in his presence any of the
Hence, the present Constitution upgraded to a constitutional (2) Possession of timber or other forest offenses defined in this chapter. He shall
status the aforesaid statutory authority to grant the products without the legal documents also seize and confiscate, in favor of the
Commission broader and more flexible powers to required under existing forest laws and Government, the tools and equipment used
effectively perform its duties and to insulate it further from regulations. in committing the offense, and the forest
legislative intrusions. Doubtless, if its rule-making power is products cut, gathered or taken by the
made to depend on statutes, Congress may withdraw the As the Court held in People v. Que, in the first offense, one offender in the process of committing the
same at any time. Indeed, the present Constitution can raise as a defense the legality of the acts of cutting, offense…
envisions a truly independent Commission on Elections gathering, collecting, or removing timber or other forest
committed to ensure free, orderly, honest, peaceful and products by presenting the authorization issued by the Petitioner was in possession of the lumber without the
credible elections, and to serve as the guardian of the DENR. In the second offense, however, it is immaterial necessary documents when the police officers accosted
people's sacred right of suffrage — the citizenry's vital whether the cutting, gathering, collecting and removal of him. In open court, petitioner categorically admitted the
weapon in effecting a peaceful change of government and the forest products are legal or not. Mere possession of possession and ownership of the confiscated lumber as well
in achieving and promoting political stability. forest products without the proper documents consummates as the fact that he did not have any legal documents
the crime. Whether or not the lumber comes from a legal therefor and that he merely intended to use the lumber for
But while the grant of the CSC's rule-making power is source is immaterial because the Forestry Code is a special the repair of his dilapidated house. Mere possession of
untouchable by Congress, the laws that the CSC interprets law which considers mere possession of timber or other forest products without the proper documentation
and enforces fall within the prerogative of Congress. As an forest products without the proper documentation as malum consummates the crime. Dura lex sed lex. The law may be
administrative agency, the CSC's quasi-legislative power is prohibitum. harsh but that is the law.
subject to the same limitations applicable to other
administrative bodies. The rules that the CSC formulates On whether the police officers had the authority to arrest b. Sagana v. Francisco, G.R.
must not override, but must be in harmony with, the law it petitioner, even without a warrant, Section 80 of the No.161952, October 2, 2009
seeks to apply and implement Forestry Code authorizes the forestry officer or employee
of the DENR or any personnel of the PNP to arrest, even It is, at times, difficult to reconcile the letter of the law with
2. DURA LEX SED LEX without a warrant, any person who has committed or is its spirit. Thus, it is not altogether surprising that two
committing in his presence any of the offenses defined by competing values are usually discernable in every
a. Revaldo v. People, G.R. No. 170589, the Forestry Code and to seize and confiscate the tools and controversy — the principle of dura lex sed lex versus the
April 16, 2009 equipment used in committing the offense or the forest notion that technicalities should yield to broader interests of
products gathered or taken by the offender. Section 80 justice. In our rules of procedure, for instance, judges often
There are two distinct and separate offenses punished under reads: struggle to find a balance between due process
Section 68 of the Forestry Code, to wit: considerations and a liberal construction to secure a just
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 disposition of every action. In such cases, where a measure 1. REMEDIAL LAW; SPECIAL CIVIL ACTIONS; 3. CONSTITUTIONAL LAW; 1987 CONSTITUTION;
of discretion is permitted, courts must tread carefully, with CERTIORARI; COMELEC'S FAILURE TO ACT ON AMENDMENTS OR REVISIONS; PROVISION ON THE
due consideration of the factual milieu and legal principles MOTION TO DISMISS AND ITS INSISTENCE TO RIGHT OF THE PEOPLE TO DIRECTLY PROPOSE
involved. In so doing, we take steps — sometimes HOLD ON TO THE PETITION RENDERED RIPE AND AMENDMENTS TO THE CONSTITUTION, NOT SELF-
tentative, sometimes bold — to apply prior experience and VIABLE THE PETITION UNDER SECTION 2 OF RULE EXECUTORY. — Section 2 of Article XVII of the
precedent towards an eventual just resolution. It is these 65 OF THE RULES OF COURT. — Except for the Constitution is not self-executory. In his book, Joaquin
principles that animate our decision in the instant case. petitioners and intervenor Roco, the parties paid no serious Bernas, a member of the 1986 Constitutional Commission,
attention to the fifth issue, i.e., whether it is proper for this stated: Without implementing legislation Section 2 cannot
We do not intend this ruling to overturn jurisprudence to Court to take cognizance of this special civil action when operate. Thus, although this mode of amending the
the effect that statutory requirements of substituted service there is a pending case before the COMELEC. . . It must be Constitution is a mode of amendment which bypasses
must be followed strictly, faithfully, and fully, and that any recalled that intervenor Roco filed with the COMELEC a congressional action, in the last analysis it still is dependent
substituted service other than that authorized by the Rules motion to dismiss the Delfin Petition on the ground that the on congressional action. Bluntly stated the right of the
is considered ineffective. 32 However, an overly strict COMELEC has no jurisdiction or authority to entertain the people to directly propose amendments to the Constitution
application of the Rules is not warranted in this case, as it petition. The COMELEC made no ruling thereon evidently through the system of initiative would remain entombed in
would clearly frustrate the spirit of the law as well as do because after having heard the arguments of Delfin and the the cold niche of the Constitution until Congress provides
injustice to the parties, who have been waiting for almost oppositors at the hearing on 12 December 1996, it required for its implementation. Stated otherwise, while the
15 years for a resolution of this case. We are not heedless them to submit within five days their memoranda or Constitution has recognized or granted that right, the people
of the widespread and flagrant practice whereby defendants oppositions/memoranda. The COMELEC's failure to act on cannot exercise it if Congress, for whatever reason, does
actively attempt to frustrate the proper service of summons Roco's motion to dismiss and its insistence to hold onto the not provide for its implementation.
by refusing to give their names, rebuffing requests to sign petition rendered ripe and viable the instant petition under
for or receive documents, or eluding officers of the court. Section 2 of Rule 65 of the Rules of Court. 4. ID.; ID.; ID.; R.A. 6735; INTENDED TO COVER
Of course it is to be expected that defendants try to avoid INITIATIVE TO PROPOSE AMENDMENTS TO THE
service of summons, prompting this Court to declare that, 2. ID.; ID.; THE COURT MAY BRUSH ASIDE CONSTITUTION. — We agree that R.A. No. 6735 was, as
"the sheriff must be resourceful, persevering, canny, and TECHNICALITIES OF PROCEDURE IN CASES OF its history reveals, intended to cover initiative to propose
diligent in serving the process on the defendant". 33 TRANSCENDENTAL IMPORTANCE. — The Court may amendments to the Constitution. The Act is a consolidation
However, sheriffs are not expected to be sleuths, and brush aside technicalities of procedure in cases of of House Bill No. 21505 and Senate Bill No. 17. The
cannot be faulted where the defendants themselves engage transcendental importance. As we stated in Kilosbayan, Inc. former was prepared by the committee on Suffrage and
in deception to thwart the orderly administration of justice. v. Guingona, Jr.: A Party's standing before this Court is a Electoral Reforms of Representatives on the basis of two
procedural technicality which it may, in the exercise of its House Bills referred to it, viz., (a) House Bill No. 497,
II. DEPARTURE FROM LITERAL INTERPRETATION discretion, set aside in view of the importance of issues which dealt with the initiative and referendum mentioned in
raised. In the landmark Emergency Powers Cases, this Sections 1 and 32 of Article VI of the Constitution; and (b)
1. STATUTES MUST BE CAPABLE OF Court brushed aside this technicality because the House Bill No. 988, which dealt with the subject matter of
INTERPRETATION transcendental importance to the public of these cases House Bill No. 497, as well as with initiative and
demands that they be settled promptly and definitely, referendum under Section 3 of Article XVII of the
a. Defensor-Santiago v. COMELEC, brushing aside, if we must, technicalities of procedure. Constitution. Senate Bill No. 17 solely, dealt with initiative
G.R. No. 127325, March 19, 1997 and referendum concerning ordinances or resolutions of
local government units. The Bicameral Conference
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Committee consolidated Senate Bill No. 17 and House Bill whole or in part, the Constitution" through the system of amendments to the Constitution is concerned. Its lacunae
No. 21505 into a draft bill, which was subsequently initiative. They can only do so with respect to "laws, on this substantive matter are fatal and. cannot be cured by
approved on 8 June 1989 by the Senate and by the House of ordinances, or resolutions."' . . . Second. It is true that "empowering" the COMELEC "to promulgate such rules
Representatives. This approved bill is now R.A. No. 6735. Section 3 (Definition of Terms) of the Act defines initiative and regulations as may be necessary to carry out the
on amendments to the Constitution and mentions it as one purposes of [the] Act."
5. ID.; ID.; ID.; ID.; CONGRESS, INVESTED WITH THE of the three systems of initiative, and that Section 5
POWER TO PROVIDE FOR THE RULES (Requirements) restates the constitutional requirements as 7. ID.; ID.; ID.; ID.; SUBTITLING OF THE ACT, NOT
IMPLEMENTING THE EXERCISE OF THE RIGHT. — to the percentage of the registered voters who must submit ACCURATE. — A further examination of the Act even
There is, of course, no other better way for Congress to the proposal. But unlike in the case of the other systems of reveals that the subtitling is not accurate. Provisions not
implement the exercise of the right than through the initiative, the Act does not provide for the contents of a germane to the subtitle on National Initiative and
passage of a statute or legislative act. This is the essence or petition for initiative on the Constitution. Section 5 Referendum are placed therein, like (1) paragraphs (b) and
rationale of the last minute amendment by the paragraph (c) requires, among other things, a statement of (c) of Section 9, (2) that portion of Section 1] (Indirect
Constitutional Commission to substitute the last paragraph the proposed law sought to be enacted, approve or rejected, Initiative) referring to indirect initiative with the legislative
of Section 2 of Article XVII then reading: "The Congress amended or repealed, as the case may be. It does not bodies of local governments, and (3) Section 12 on Appeal,
shall by law provide for the implementation of the exercise include, as among the contents of the petition, the since it applies to decisions of the COMELEC on the
of this right with the Congress shall provide for the provisions of the Constitution sought to be amended, in the findings of sufficiency or insufficiency of the petition for
implementation of the exercise of this right." This case of initiative on the Constitution. . . . The use of the initiative or referendum, which could be petitions for both
substitute amendment was an investiture on Congress of a clause "proposed laws sought to be enacted, approved or national and local initiative and referendum.
power to provide for the rules implementing the exercise of rejected, amended or repealed" only strengthens the
the right. The "rules" means "the details on how [the right] conclusion that Section 2, quoted earlier, excludes initiative 8. ID.; ID.; ID.; ID.; SECTION 18 ON AUTHORITY OF
is to be carried out." on amendments to the Constitution. Third. While the Act COURTS UNDER SUBTITLE ON LOCAL INITIATIVE
provides subtitles for National Initiative and Referendum AND REFERENDUM, MISPLACED. — Section 18 on
6. ID.; ID.; ID.; ID.; NOT IN FULL COMPLIANCE (Subtitle, II) and for Local Initiative and Referendum "Authority of Courts" under subtitle III on Local Initiative
WITH THE POWER AND DUTY OF CONGRESS TO (Subtitle III), no subtitle is provided for initiative on the and Referendum is misplaced, since the provision therein
PROVIDE FOR THE IMPLEMENTATION OF THE Constitution. This conspicuous silence as to the latter applies to both national and local initiative and referendum.
EXERCISE OF THE RIGHT. — First, Contrary to the simply means that the main thrust of the Act is initiative
assertion of public respondent COMELEC, Section 2 of the and referendum on national and local laws. If Congress
9. ID.; ID.; ID.; ID.; FAILED TO GIVE SPECIAL
Act does not suggest an initiative on amendments to the intended R.A. No. 6735 to fully provide for the
ATTENTION ON THE SYSTEM OF INITIATIVE ON
Constitution. The inclusion of the word "Constitution" implementation of the initiative on amendments to the
AMENDMENTS TO THE CONSTITUTION WHICH IS
therein was a delayed afterthought. That word is neither Constitution, it could have provided for a subtitle therefor,
MORE IMPORTANT BEING THE PARAMOUNT
considering that in the order of things, the primacy of
germane nor relevant to said section, which exclusively SYSTEM OF INITIATIVE. — While R.A. No. 6735
relates to initiative and referendum on national laws and interest, or hierarchy of values, the right of the people to
exerted utmost diligence and care in providing for the
local laws, ordinances, and resolutions. That section is directly propose amendments to the Constitution is far
details in the implementation of initiative and referendum
silent as to amendments on the Constitution. As pointed out more important than the initiative on national and local
on national and local legislation thereby giving them
earlier, initiative on the Constitution is confined only to laws. . . . The foregoing brings us to the conclusion that
special attention, it failed, rather intentionally, to do so on
proposals to AMEND. The people are not accorded the R.A. No. 6735 is incomplete, inadequate, or wanting in
the system of initiative on amendments to the Constitution.
power to "directly propose, enact, approve, or reject, in essential terms and conditions insofar as initiative on
Upon the other hand, as to initiative on amendments to the
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Constitution, R.A. No. 6735, in all of its twenty-three 11. ID.; ID.; ID.; ID.; COMELEC DOES NOT HAVE THE initiative only after its filing. The petition then is the
sections, merely (a) mentions the word "Constitution" in POWER TO VALIDLY PROMULGATE RULES AND initiatory pleading. Nothing before its filing is cognizable
Section 2. (b) defines "initiative on the Constitution" and REGULATIONS TO IMPLEMENT THE EXERCISE OF by the COMELEC, sitting en banc. . . . Since the Delfin
includes it in the enumeration of the three systems of THE RIGHT OF THE PEOPLE TO DIRECTLY Petition is not the initiatory petition under R.A. No. 6735
initiative in Section 3; (c) speaks of "plebiscite" as the PROPOSE AMENDMENTS TO THE CONSTITUTION and COMELEC Resolution No. 2300, it cannot be
process by which the proposition, in an initiative on the UNDER R.A. 6735. — It logically follows that the entertained or given cognizance of by the COMELEC. The
Constitution may be approved or rejected by the people., COMELEC cannot validly promulgate rules and respondent Commission must have known that the petition
(d) reiterates the constitutional requirements as to the regulations to implement the exercise of the right of the does not fall under any of the actions or proceedings under
number of voters who should sign the petition; and (e) people to directly propose amendments to the Constitution the COMELEC Rules of Procedure or under Resolution
provides for the date of effectivity of the approved through the system of initiative. It does not have that power No. 2300, for which reason it did not assign to the petition
proposition. There was, therefore, an obvious downgrading under R.A. No. 6735. Reliance on the COMELEC's power a docket number. Hence, the said petition was merely
of the more important or the paramount system of initiative. under Section 2(1) of Article IX-C of the Constitution is entered as UND, meaning, undocketed. That petition was
R.A. No. 6735 thus delivered a humiliating blow to the misplaced, for the laws and regulations referred to therein nothing more than a mere scrap of paper, which should not
system of initiative on amendments to the Constitution by are those promulgated by the COMELEC under (a) Section have been dignified by the Order of 6 December 1996, the
merely paying it a reluctant lip service. 3 of Article IX-C of the Constitution, or (b) a law where hearing on 12 December 1996, and the order directing
subordinate legislation is authorized and which satisfies the Delfin and the oppositors to file their memoranda or
10. ID.; ID.; ID.; ID.; ARGUMENT THAT INITIATIVE "completeness" and the "sufficient standard" tests. oppositions. In so dignifying it, the COMELEC acted
ON AMENDMENTS TO THE CONSTITUTION IS without jurisdiction or with grave abuse of discretion and
SUBSUMED UNDER SUBTITLE ON NATIONAL 12. ID.; ID.; ID.; ID.; DELFIN PETITION, DEFECTIVE merely wasted its time, energy, and resources.
INITIATIVE AND REFERENDUM, NOT BECAUSE IT DOES NOT CONTAIN THE
ACCEPTABLE. — We cannot accept the argument that the SIGNATURES OF THE REQUIRED NUMBER OF 14. POLITICAL LAW; LEGISLATIVE DEPARTMENT ;
initiative on amendments to the Constitution is subsumed VOTERS. — Under Section 2 of Article XVII of the DELEGATION OF POWER; WHAT HAS BEEN
under the subtitle on National Initiative and Referendum Constitution and Section 5(b) of R.A. No. 6735, a petition DELEGATED CANNOT BE DELEGATED;
because it is national in scope. Our reading of Subtitle II for initiative on the Constitution must be signed by at least EXCEPTIONS THEREOF. — The rule is that what has
(National Initiative and Referendum) and Subtitle III (Local 12% of the total number of registered voters of which every been delegated, cannot be delegated or as expressed in a
Initiative and Referendum) leaves no room for doubt that legislative district is represented by at least 3% of the Latin maxim: potestas delegata non delegari potest. The
the classification is not based on the scope of the initiative registered voters therein. The Delfin Petition does not recognized exceptions to the rule are as follows: (1)
involved, but on its nature and character. It is national contain signatures of the required number of voters. Delfin Delegation of tariff powers to the President under Section
initiative," if what is proposed to be adopted or enacted is a himself admits that he has not yet gathered signatures and 28(2) of Article VI of the Constitution; (2) Delegation of
national law, or a law which only Congress can pass. It is that the purpose of his petition is primarily to obtain emergency powers to the President under Section 23 (2) of
"local initiative" if what is proposed to be adopted or assistance in his drive to gather signatures. Without the Article VI of the Constitution; (3) Delegation to the people
enacted is a law, ordinance, or resolution which only the required signatures, the petition cannot be deemed validly at large; (4) Delegation to local governments; and (5)
legislative bodies of the governments of the autonomous initiated. Delegation to administrative bodies.
regions, provinces, cities, municipalities, and barangays can
pass. This classification of initiative into national and local 13. ID.; ID.; ID.; ID.; DELFIN PETITION, NOTHING 15. ID.; ID.; ID.; REQUISITES FOR VALID
is actually based on Section 3 of the Act. MORE THAN A MERE SCRAP OF PAPER. — The DELEGATION; SUFFICIENT STANDARD;
COMELEC acquires jurisdiction over a petition for CONSTRUED; R.A. 6735 MISERABLY FAILED TO
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SATISFY BOTH REQUIREMENTS. — In every case of amendments to the Constitution or to propose and enact "interest of law and order," "justice and equity," "adequate
permissible delegation, there must be a showing that the legislations through an election called for the purpose," and and efficient instruction," "public safety," "public policy,"
delegation itself is valid. It is valid only if the law (a) is "plebiscite" as "the electoral process by which an initiative "greater national interest, "protect the local consumer by
complete in itself, setting forth therein the policy to be on the Constitution is approved or rejected by the people." stabilizing and subsidizing domestic pump rates," and
executed, carried out, or implemented by the delegate; and Third, the law provides the requirements for a petition for "promote simplicity, economy and efficiency in
(b) fixes a standard — the limits of which are sufficiently initiative to amend the Constitution. Section 5(b) states that government." A due regard and respect to the legislature, a
determinate and determinable — to which the delegate "(a) petition for an initiative on the 1987 Constitution must co-equal and coordinate branch of government, should
must conform in the performance of his functions. A have at least twelve per centum (12%) of the total number counsel this Court to refrain from refusing to effectuate
sufficient standard is one which defines legislative policy, of registered voters as signatories, of which every laws unless they are clearly unconstitutional.
marks its limits, maps out its boundaries and specifies the legislative district must be represented by at least three per
public agency to apply it. It indicates the circumstances centum (3%) of the registered voters therein." It also states 3. ID.; ID.; ID.; ID.; COMELEC RESOLUTION NO. 2300
under which the legislative command is to be effected. that "(i)nitiative on the Constitution may be exercised only MERELY PROVIDES THE PROCEDURE TO
Insofar as initiative to propose amendments to the after five (5) years from the ratification of the 1987 EFFECTUATE THE POLICY OF R.A. 6735, HENCE,
Constitution is concerned, R.A. No. 6735 miserably failed Constitution and only once every five (5) years thereafter." DID NOT VIOLATE THE RULES ON VALID
to satisfy both requirements in subordinate legislation. The Finally, R.A. No. 6735 fixes the effectivity date of the DELEGATION. — In enacting R.A. No. 6735, it cannot be
delegation of the power to the COMELEC is then invalid. amendment. Section 9(b) states that "(t)he proposition in an said that Congress totally transferred its power to enact the
initiative on the Constitution approved by a majority of the law implementing people's initiative to COMELEC. A
PUNO, J., concurring and dissenting: votes cast in the plebiscite shall become effective as to the close look at COMELEC Resolution No. 2300 will show
day of the plebiscite." that it merely provided the procedure to effectuate the
1. CONSTITUTIONAL LAW; 1987 CONSTITUTION; policy of R.A. No. 6735 giving life to the people's initiative
AMENDMENTS OR REVISIONS: R.A. 6735; 2. ID.; ID.; ID.; ID.; SUFFICIENTLY STATES THE to amend the Constitution. The debates in the
SUFFICIENTLY IMPLEMENTS THE RIGHTS OF THE POLICY AND STANDARDS TO GUIDE THE Constitutional Commission make it clear that the rules of
PEOPLE TO INITIATE AMENDMENTS TO THE COMELEC IN PROMULGATING THE procedure to enforce the people's initiative can be
CONSTITUTION THRU INITIATIVE. — I submit that IMPLEMENTING RULES AND REGULATIONS OF delegated. . . . The prohibition against the legislature is to
R.A. No. 6735 sufficiently implements the right of the THE LAW; CASE AT BAR. — R.A. No. 6735 sufficiently impair the substantive right of the people to initiate
people to initiate amendments to the Constitution thru states the policy and the standards to guide the COMELEC amendments to the Constitution. It is not, however,
initiative. . . . We need not torture the text of said law to in promulgating the law's implementing rules and prohibited from legislating the procedure to enforce the
reach the conclusion that it implements people's initiative to regulations of the law. . . . In the case at bar, the policy and people's right of initiative or to delegate it to another body
amend the Constitution. R.A. No. 6735 is replete with the standards are bright-lined in R.A. No. 6735. A 20-20 like the COMELEC with proper standard.
references to this prerogative of the people. First, the policy look at the law cannot miss them. They were not written by
statement declares: "Sec. 2. Statement of Policy. — The our legislators in invisible ink. The policy and standards 4. ID.; ID.; ID.; ID.; ARGUMENT ON LACK OF SUB-
power of the people under a system of initiative and can also be found in no less than Section 2, Article XVII of TITLE ON PEOPLE'S INITIATIVE TO AMEND THE
referendum to directly propose, enact, approve or reject, in the Constitution on Amendments or Revisions. There is CONSTITUTION, SHOULD BE GIVEN THE WEIGHT
whole or in part, the Constitution, laws, ordinances, or thus no reason to hold that the standards provided for in OF HELIUM. — The argument that R.A. No. 6735 does
resolutions passed by any legislative body upon compliance R.A. No. 6735 are insufficient for in other cases we have not include people's initiative to amend the Constitution
with the requirements and guaranteed." Second, the law upheld as adequate more general standards such as simply because it lacks a sub-title on the subject should be
defines "initiative" as "the power of the people to propose "simplicity and dignity," "public interest," "public welfare," given the weight of helium. Again, the hoary rule in
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statutory construction is that headings prefixed to titles, petition should be dismissed with respect to the Pedrosas.
chapters and sections of a statute may be consulted in aid of The inclusion of the Pedrosas in the petition is utterly 8. ID.; ID.; ID.; RESPONDENTS' RIGHT OF
interpretation, but inferences drawn therefrom are entitled baseless. The records show that the case at bar started when SOLICITING SIGNATURES TO AMEND THE
to very little weight, and they can never control the plain respondent Delfin alone and by himself filed with the CONSTITUTION, CANNOT BE ABRIDGED WITHOUT
terms of the enacting clauses. COMELEC a Petition to Amend the Constitution to Lift ANY IFS AND BUTS. — Section 16 of Article XIII of the
Term Limits of Elective Officials by People's Initiative. Constitution provides: "The right of the people and their
5. ID.; ID.; ID.; ID.; ID.; LAPSES IN R.A. 6735 ARE TO The Pedrosas did not join the petition. . . . Petitioners sued organizations to effective and reasonable participation at all
BE EXPECTED, FOR LAWS ARE NOT ALWAYS the COMELEC, Jesus Delfin, Alberto Pedrosa and Carmen levels of social, political and economic decision-making
WRITTEN IN IMPECCABLE ENGLISH. — It is Pedrosa in their capacities as founding members of the shall not be abridged. The State shall by law, facilitate the
unfortunate that the majority decision resorts to a strained People's Initiative for Reform, Modernization and Action establishment of adequate consultation mechanisms." This
interpretation of R.A. No. 6735 to defeat its intent which it (PIRMA). The suit is an original action for prohibition with is another novel provision of the 1987 Constitution
itself concedes is to implement people's initiative to prayer for temporary restraining order and/or writ of strengthening the sinews of the sovereignty of our people.
propose amendments to the Constitution. Thus, it laments preliminary injunction. The petition on its face states no In soliciting signatures to amend the Constitution, the
that the word "Constitution" is neither germane nor relevant cause of action against the Pedrosas. The only allegation Pedrosas are participating in the political decision-making
to the Policy thrust of Section 2 and that the statute's against the Pedrosas is that they are founding members of process of our people. The Constitution says their right
subtitling is not accurate. These lapses are to be expected the PIRMA which proposes to undertake the signature cannot be abridged without any ifs and buts. We cannot put
for laws are not always written in impeccable English. drive for people's initiative to amend the Constitution. a question mark on their right.
Rightly, the Constitution does not require our legislators to
be word-smiths with the ability to write bills with poetic 7 ID.; ID.; ID.; ID.; SOLICITATION OF SIGNATURES 9. ID.; ID.; ID.; RESPONDENTS' CAMPAIGN TO
commas like Jose Garcia Villa or in lyrical prose like IS A RIGHT GUARANTEED IN BLACK AND WHITE AMEND THE CONSTITUTION IS AN EXERCISE OF
Winston Churchill. But it has always been our good policy BY SECTION 2 OF ARTICLE XVII OF THE THEIR FREEDOM OF SPEECH AND EXPRESSION
not to refuse to effectuate the intent of a law on the ground CONSTITUTION. — One need not draw a picture to AND THEIR RIGHT TO PETITION THE
that it is badly written. As the distinguished Vicente impart the proposition that in soliciting signatures to start a GOVERNMENT FOR REDRESS OF GRIEVANCES. —
Francisco reminds us: "Many laws contain words which people's initiative to amend the Constitution the Pedrosas The Pedrosas' campaign to amend the Constitution is an
have not been used accurately. But the use of inapt or are not engaged in any criminal act. Their solicitation of exercise of their freedom of speech and expression. We
inaccurate language or words, will not vitiate the statute if signatures is a right guaranteed in black and white by have memorialized this universal right in all our
the legislative intention can be ascertained. The same is Section 2 of Article XVII of the Constitution which fundamental laws from the Malolos Constitution to the
equally true with reference to awkward, slovenly, or provides that ". . . amendments to this Constitution may 1987 Constitution. We have iterated and reiterated in our
ungrammatical expressions, that is, such expressions and likewise be directly proposed by the people through rulings that freedom of speech is a preferred right, the
words will be construed as carrying the meaning the initiative . . . ." This right springs from the principle matrix of other important rights of our people. Undeniably,
legislature intended that they bear, although such a proclaimed in Section 1, Article II of the Constitution that freedom speech enervates the essence of the democratic
construction necessitates a departure from the literal in a democratic and republican state "sovereignty resides in creed of think and let think. For this reason, the
meaning of the words used." the people and all government authority emanates from Constitution encourages speech even if it protects the
them." The Pedrosas are part of the people and their voice speechless.
6. ID.; ID.; ID.; ID.; PETITION AGAINST is part of the voice of the people. They may constitute but a
RESPONDENTS PEDROSAS SHOULD BE DISMISSED particle of our sovereignty but no power can trivialize them 10. ID.; ID.; ID.; RESPONDENTS, RIGHT TO SOLICIT
BECAUSE IT STATES NO CAUSE OF ACTION. — The for sovereignty is indivisible. SIGNATURES TO START A PEOPLE'S INITIATIVE TO
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AMEND THE CONSTITUTION DOES NOT DEPEND disregards the rule cast in concrete that the letter of the law cause the necessary publication of the petition "in
ON ANY LAW. — It is thus evident that the right of the is its body but its spirit is its soul. newspapers of general and local circulation," and to instruct
Pedrosas to solicit signatures to start a people's initiative to "Municipal Election Registrars in all Regions of the
amend the Constitution does not depend on any law, much 12. POLITICAL LAW; LEGISLATIVE DEPARTMENT; Philippines to assist petitioners and volunteers in
less on R.A. No. 6735 or COMELEC Resolution No. 2300. DELEGATION OF POWER; SUFFICIENT STANDARD; establishing signing stations at the time and on the dates
No law, no Constitution can chain the people to an PURPOSE THEREOF. — Former Justice Isagani A. Cruz designated for the purpose.
undesirable status quo. To be sure, there are no irrepealable similarly elucidated that "a sufficient standard is intended
laws just as there are no irrepealable Constitutions. Change to map out the boundaries of the delegates' authority by 2. ID.; ID.; ID.; TEMPORARY RESTRAINING ORDER
is the predicate of progress and we should not fear change. defining the legislative policy and indicating the ISSUED BY THE COURT SHOULD BE HELD TO
Mankind has long recognized the truism that the only circumstances under which it is to be pursued and effected. COVER ONLY THE DELFIN PETITION. — The TRO
constant in life is change and so should the majority. The purpose of the sufficient standard is to prevent a total earlier issued by the Court which, consequentially, is made
transference of legislative power from the lawmaking body permanent under the ponencia should be held to cover only
11. STATUTORY CONSTRUCTION; INTENT OF THE to the delegate." the Delfin petition and must not be so understood as having
LEGISLATURE; THE INTENT OF R.A. 6735 IS TO intended or contemplated to embrace the signature drive of
IMPLEMENT THE PEOPLE'S INITIATIVE TO AMEND 13. ID.; ID.; ID.; THE COURT HAS PRUDENTIALLY the Pedrosas. The grant of such a right is clearly implicit in
THE CONSTITUTION. — Our effort to discover the REFRAINED FROM INVALIDATING the constitutional mandate on people initiative.
meaning of R.A. No. 6735 should start with the search of ADMINISTRATIVE RULES ON THE GROUND OF
the intent of our lawmakers. A knowledge of this intent is LACK OF ADEQUATE STANDARD. — A survey of our FRANCISCO, J., dissenting and concurring:
critical for the intent of the legislature is the law and the case law will show that this Court has prudentially
controlling factor in its interpretation. Stated otherwise, refrained from invalidating administrative rules on the 1. CONSTITUTIONAL LAW; 1987 CONSTITUTION;
intent is the essence of the law, the spirit which gives life to ground of lack of adequate legislative standard to guide AMENDMENTS OR REVISIONS; R.A. 6735; AMPLY
its enactment. . . . Since it is crystalline that the intent of their promulgation. As aptly perceived by former Justice COVERS AN INITIATIVE ON THE CONSTITUTION.
R.A. No. 6735 is to implement the people's initiative to Cruz, "even if the law itself does not expressly pinpoint the — Republic Act No. 6735, otherwise known as "The
amend the Constitution, it is our bounden duty to interpret standard, the courts will bend backward to locate the same Initiative and Referendum Act" amply covers an initiative
the law as it was intended by the legislature. We have ruled elsewhere in order to spare the statute, if it can, from on the Constitution. In its definition of terms, Republic Act
that once intent is ascertained, it must be enforced even if it constitutional infirmity. No. 6735 defines initiative as "the power of the people to
may not be consistent with the strict letter of the law and propose amendments to the constitution or to propose and
this ruling is as old as the mountain. We have also held that VITUG, J., separate opinion: enact legislations through an election called for the
where a law is susceptible of more than one interpretation, purpose." The same section, in enumerating the three
that interpretation which will most tend to effectuate the systems of initiative, included in "initiative on the
1. CONSTITUTIONAL LAW; 1987 CONSTITUTION;
manifest intent of the legislature will be adopted. The text constitution which refers to a petition proposing
AMENDMENTS OR REVISIONS; R.A. 6735; DELFIN
of R.A. No. 6735 should therefore be reasonably construed
PETITION, UTTERLY DEFICIENT. — The Delfin amendments to the constitution." Paragraph (e) again of
to effectuate its intent to implement the people's initiative to Section 3 defines "plebiscite" as "the electoral process by
petition is thus utterly deficient. Instead of complying with
amend the Constitution. . . . All said, it is difficult to agree which an initiative on the constitution is approved or
the constitutional imperatives, the petition would rather
with the majority decision that refuses to enforce the rejected by the people." And as to the material requirements
have much of its burden passed on, in effect, to the
manifest intent or spirit of R.A. No. 6735 to implement the for an initiative on the Constitution, Section 5(b) distinctly
COMELEC. The petition would require COMELEC to
people's initiative to amend the Constitution. It blatantly enumerates the following: "A petition for an initiative on
schedule "signature gathering all over the country," to
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the 1987 Constitution must have at least twelve per centum In the absence, therefore, of an appropriate petition before to effectuate their purposes, to facilitate and not hamper the
(12%) of the total number of the registered voters as the Commission on Elections, any determination of exercise by the voters of the rights granted thereby'; and in
signatories, of which every legislative distinct must be whether private respondents' proposal constitutes an Garcia vs. Comelec, that any effort to trivialize the
represented by at least three per centum (3%) of the amendment or revision is premature. effectiveness of people's initiatives ought to be rejected."
registered voters therein. Initiative on the constitution may
be exercised only after five (5) years from the ratification 3. STATUTORY CONSTRUCTION; EVERY PART OF 2. ID.; ID.; ID .; ID.; MAJORITY'S POSITION ALL TOO
of 1987 Constitution and only once every five years THE STATUTE MUST BE INTERPRETED WITH SWEEPING AND ALL TOO EXTREMIST. — I find the
thereafter." These provisions were inserted, on purpose, by REFERENCE TO THE CONTEXT. — It is a rule that majority's position all too sweeping and all too extremist. It
Congress the intent being to provide for the implementation every part of the statute must be interpreted with reference is equivalent to burning the whole house to exterminate the
of the right to propose an amendment to the Constitution by to the context, i.e., that every part of the statute must be rats, and to killing the patient to relieve him of pain. What
way of initiative. "A legal provision," the Court has construed together with the other parts and kept subservient Citizen Delfin wants the Comelec to do we should reject.
previously said, "must not be construed as to be a useless to the general intent of the whole enactment. Thus, the But we should not thereby preempt any future effort to
surplusage, and accordingly, meaningless, in the sense of provisions of Republic Act No. 6735 may not be exercise the right of initiative correctly and judiciously. The
adding nothing to the law or having no effect whatsoever interpreted in isolation. The legislative intent behind every fact that the Delfin Petition proposes a misuse of initiative
thereon". . . . Clearly then, Republic Act No. 6735 covers law is to be extracted from the statute as a whole. does not justify a ban against its proper use. Indeed, there is
an initiative on the constitution. Any other construction as a right way to do the right thing at the right time and for the
what petitioners foist upon the Court constitute a betrayal PANGANIBAN, J., concurring and dissenting: right reason.
of the intent and spirit behind the enactment.
1. CONSTITUTIONAL LAW; 1987 CONSTITUTION; 3. ID.; ID.; ID.; ID.; COMELEC CANNOT ENTERTAIN
2. ID.; ID.; ID.; ID.; COMELEC CANNOT TAKE ANY AMENDMENTS OR REVISIONS; R.A. 6735; TAKEN ANY PETITION IN THE ABSENCE OF THE
ACTION ON DELFIN PETITION BECAUSE IT IS TOGETHER AND INTERPRETED PROPERLY, THE REQUIRED NUMBER OF SIGNATURES. — Until and
UNACCOMPANIED BY THE REQUIRED CONSTITUTION, R.A. 6735 AND COMELEC unless an initiatory petition can show the required number
PERCENTAGE OF REGISTERED VOTERS; CASE AT RESOLUTION 2300 ARE SUFFICIENT TO of signatures — in this case, 12% of all the registered
BAR. — I agree with the ponencia that the Commission on IMPLEMENT CONSTITUTIONAL INITIATIVES. — voters in the Philippines with at least 3% in every
Elections, at present, cannot take any action (such as those While R.A. 6735 may not be a perfect law it was — as the legislative district — no public funds may be spent and no
contained in the Commission's orders dated December 6, 9, majority openly concedes — intended by the legislature to government resources may be used in an initiative to amend
and 12, 1996 [Annexes B, C and B-1 ]) indicative of its cover and, I respectfully submit, it contains enough the Constitution. Verily, the Comelec cannot even entertain
having already assumed jurisdiction over private provisions to effectuate an initiative on the Constitution. I any petition absent such signatures.
respondents' petition. This is so because from the tenor of completely agree with the inspired and inspiring opinions
Section 5 (b) of R.A. No. 6735 it would appear that proof of Mr. Justice Reynato S. Puno and Mr. Justice Ricardo J. 4. ID.; ID.; ID.; ID.; WISELY EMPOWERED THE
of procurement of the required percentage of registered Francisco that RA 6735, the Roco law on initiative, COMMISSION ON ELECTIONS TO PROMULGATE
voters at the time the petition for initiative is filed, is a sufficiently implements the right of the people to initiate RULES AND REGULATIONS. — No law can completely
jurisdictional requirement. Here private respondents' amendments to the Constitution. Such views, which I shall and absolutely cover all administrative details. In
petition is unaccompanied by the required signatures. This no longer repeat nor elaborate on, are thoroughly consistent recognition of this, R.A. 6735 wisely empowered the
defect notwithstanding, it is without prejudice to the with this Court's unanimous en banc rulings in Subic Bay Commission on Elections "to promulgate such rules and
refiling of their petition once compliance with the required Metropolitan Authority vs. Commission on Elections, that regulations as may be necessary to carry out the purposes
percentage is satisfactorily shown by private respondents. "provisions for initiative . . . are (to be) liberally construed of this Act." And pursuant thereto, the Comelec issued its
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Resolution 2300 on 16 January 1991. Such Resolution, by underdeveloped and uninhabited land areas by allowing responsibilities, and resources, and
its very words, was promulgated "to govern the conduct of them to directly share in the allocation of funds under the provide for the qualifications, election,
initiative on the Constitution and initiative and referendum national budget. It should be remembered that, under appointment and removal, term, salaries,
on national and local laws," not by the incumbent Sections 284 and 285 of the LGC, the IRA is given back to powers and functions and duties of local
Commission on Elections by one then composed of Acting local governments, and the sharing is based on land area, officials, and all other matters relating to
Chairperson Haydee B. Yorac, Comms. Alfredo E. Abueg, population, and local revenue. the organization and operation of the local
Jr., Leopoldo L. Africa, Andres R. Flores, Dario C. Rama units.
and Magdara B. Dimaampao. All of these Commissioners Elementary is the principle that, if the literal application of
who signed resolution 2300 have retired from the the law results in absurdity, impossibility, or injustice, then These State policies are the very reason for the enactment
Commission, and thus we cannot ascribe any vile motive courts may resort to extrinsic aids of statutory construction, of the LGC, with the view to attain decentralization and
unto them, other than an honest, sincere and exemplary such as the legislative history of the law, 31 or may countryside development. Congress saw that the old LGC,
effort to give life to a cherished right of our people. consider the implementing rules and regulations and Batas Pambansa Bilang 337, had to be replaced with a new
pertinent executive issuances in the nature of executive law, now the LGC of 1991,which is more dynamic and
5. ID.; ID.; ID.; ID.; THE COURT HAS NO POWER TO and/or legislative construction. Pursuant to this principle, cognizant of the needs of the Philippines as an archipelagic
RESTRAIN ANYONE FROM EXERCISING THEIR Article 9 (2) of the LGC-IRR should be deemed country. This accounts for the exemption from the land area
RIGHT OF INITIATIVE. — The Court has no power to incorporated in the basic law, the LGC. requirement of local government units composed of one or
restrain them from exercising their right of initiative. The more islands, as expressly stated under Sections 442 and
right to propose amendments to the Constitution is really a It is well to remember that the LGC-IRR was formulated by 450 of the LGC, with respect to the creation of
species of the right of free speech and free assembly. And the Oversight Committee consisting of members of both the municipalities and cities, but inadvertently omitted from
certainly, it would be tyrannical and despotic to stop Executive and Legislative departments, pursuant to Section Section 461 with respect to the creation of provinces.
anyone from speaking freely and persuading others to 533 32 of the LGC. As Section 533 provides, the Oversight Hence, the void or missing detail was filled in by the
conform to his/her beliefs. As the eminent Voltaire once Committee shall formulate and issue the appropriate rules Oversight Committee in the LGC-IRR.
said, "I may disagree with what you say, but I will defend and regulations necessary for the efficient and effective
to the death your right to say it." After all, freedom is not implementation of any and all provisions of this Code, With three (3) members each from both the Senate and the
really for the thought we agree with, but as Justice Holmes thereby ensuring compliance with the principles of local House of Representatives, particularly the chairpersons of
wrote, "freedom for the thought that we hate." autonomy as defined under the Constitution. It was also their respective Committees on Local Government, it
mandated by the Constitution that a local government code cannot be gainsaid that the inclusion by the Oversight
2. RATIO LEGIS EST ANIMA shall be enacted by Congress, to wit — Committee of the exemption from the land area
requirement with respect to the creation of provinces
a. Navarro v. Executive Secretary Section 3.The Congress shall enact a local consisting of one (1) or more islands was intended by
Ermita, G.R. No. 180050, April 12, government code which shall provide for a Congress, but unfortunately not expressly stated in Section
2011 more responsive and accountable local 461 of the LGC, and this intent was echoed through an
government structure instituted through a express provision in the LGC-IRR. To be sure, the
system of decentralization with effective Oversight Committee did not just arbitrarily and
The matters raised during the said Bicameral Conference mechanisms of recall, initiative, and whimsically insert such an exemption in Article 9 (2) of the
Committee meeting clearly show the manifest intention of referendum, allocate among the different LGC-IRR. The Oversight Committee evidently conducted
Congress to promote development in the previously local government units their powers, due deliberation and consultations with all the concerned
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sectors of society and considered the operative principles of Ratio legis est anima. The spirit rather than the letter of the These cases, constituting 54 Petitions, were filed before the
local autonomy as provided in the LGC when the IRR was law. A statute must be read according to its spirit or intent, Supreme Court, for Certiorari and Prohibition by the party-
formulated. 33 Undoubtedly, this amounts not only to an for what is within the spirit is within the statute although it list groups and organizations assailing the Resolutions
executive construction, entitled to great weight and respect is not within its letter, and that which is within the letter but issued by the Commission on Elections (COMELEC)
from this Court, 34 but to legislative construction as well, not within the spirit is not within the statute. Put a bit disqualifying them from participating in the 13 May 2013
especially with the inclusion of representatives from the differently, that which is within the intent of the lawmaker party-list elections, either by denial of their petitions for
four leagues of local government units as members of the is as much within the statute as if within the letter, and that registration under the party-list system, or cancellation of
Oversight Committee. which is within the letter of the statute is not within the their registration and accreditation as party-list
statute unless within the intent of the lawmakers. Withal, organizations. The Court revisited the deliberations of the
With the formulation of the LGC-IRR, which amounted to courts ought not to interpret and should not accept an Constitutional Commission in 1986 and was convinced that
both executive and legislative construction of the LGC, the interpretation that would defeat the intent of the law and its the framers of the 1987 Constitution intended the party-list
many details to implement the LGC had already been put in legislators. system to include not only sectoral parties but also non-
place, which Congress understood to be impractical and not sectoral parties. The framers intended the sectoral parties to
too urgent to immediately translate into direct amendments So as it is exhorted to pass on a challenge against the constitute a part, but not the entirety, of the party-list
to the LGC. But Congress, recognizing the capacity and validity of an act of Congress, a co-equal branch of system.
viability of Dinagat to become a full-fledged province, government, it behooves the Court to have at once one
enacted R.A. No. 9355, following the exemption from the principle in mind: the presumption of constitutionality of Thus, in the end, the proposal, said the Court, to give
land area requirement, which, with respect to the creation statutes. This presumption finds its roots in the tri-partite permanent reserved seats to certain sectors was outvoted.
of provinces, can only be found as an express provision in system of government and the corollary separation of Instead, the reservation of seats to sectoral representatives
the LGC-IRR. In effect, pursuant to its plenary legislative powers, which enjoins the three great departments of the was only allowed for the first three consecutive terms.
powers, Congress breathed flesh and blood into that government to accord a becoming courtesy for each other's There can be no doubt whatsoever that the framers of the
exemption in Article 9 (2) of the LGC-IRR and transformed acts, and not to interfere inordinately with the exercise by 1987 Constitution expressly rejected the proposal to make
it into law when it enacted R.A. No. 9355 creating the one of its official functions. Towards this end, courts ought the party-list system exclusively for sectoral parties only,
Island Province of Dinagat. to reject assaults against the validity of statutes, barring of and that they clearly intended the party-list system to
course their clear unconstitutionality. To doubt is to sustain, include both sectoral and non-sectoral parties. The common
Further, the bill that eventually became R.A. No. 9355 was the theory in context being that the law is the product of denominator between sectoral and non-sectoral parties is
filed and favorably voted upon in both Chambers of earnest studies by Congress to ensure that no constitutional that they cannot expect to win in legislative district
Congress. Such acts of both Chambers of Congress prescription or concept is infringed. Consequently, before a elections but they can garner, in nationwide elections, at
definitively show the clear legislative intent to incorporate law duly challenged is nullified, an unequivocal breach of, least the same number of votes that winning candidates can
into the LGC that exemption from the land area or a clear conflict with, the Constitution, not merely a garner in legislative district elections. The party-list system
requirement, with respect to the creation of a province doubtful or argumentative one, must be demonstrated in will be the entry point to membership in the House of
when it consists of one or more islands, as expressly such a manner as to leave no doubt in the mind of the Court Representatives for both these non-traditional parties that
provided only in the LGC-IRR. Thereby, and by necessity, could not compete in legislative district elections.
the LGC was amended by way of the enactment of R.A. b. Atong Paglaum v. COMELEC, G.R.
No. 9355. No. 203766, April 2, 2013 The indisputable intent of the framers of the 1987
Constitution, as revisited by the Court, to include in the
party-list system both sectoral and non-sectoral parties is
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clearly written in Section 5(1), Article VI of the The Court is of the view that to require all national and the Court said that the phrase “marginalized and
Constitution. What the framers intended, and what they regional parties under the party-list system to represent the underrepresented” should refer only to the sectors in
expressly wrote in Section 5(1), could not be any clearer. marginalized and underrepresented is to deprive and Section 5 that are, by their nature, economically
The party-list system is composed of three different groups, exclude, by judicial fiat, ideology based and cause-oriented marginalized and underrepresented. These sectors are
and the sectoral parties belong to only one of the three parties from the party-list system and posed the question, distinguished by the Court, such as, labor, peasant,
groups. The text of Section 5(1) leaves no room for any “How will these ideology-based and cause-oriented parties, fisherfolk, urban poor, indigenous cultural communities,
doubt that national and regional parties are separate from who cannot win in legislative district elections, participate handicapped, veterans, overseas workers, and other similar
sectoral parties. in the electoral process if they are excluded from the party- sectors. For these sectors, added by the Court, a majority of
list system?” To exclude them from the party-list system is the members of the sectoral party must belong to the
The Court opined that it is clear from the text of the to prevent them from joining the parliamentary struggle, “marginalized and underrepresented.” The nominees of the
provision, the party-list system is composed of three leaving as their only option the armed struggle. To exclude sectoral party either must belong to the sector, or must have
different groups: (1) national parties or organizations; (2) them from the party-list system is, apart from being a track record of advocacy for the sector represented.
regional parties or organizations; and (3) sectoral parties or obviously senseless, patently contrary to the clear intent Belonging to the marginalized and underrepresented sector
organizations. National and regional parties or and express wording of the 1987 Constitution and R.A. No. does not mean one must wallow in poverty, destitution or
organizations are different from sectoral parties or 7941. infirmity. It is sufficient that one, or his or her sector, is
organizations. National and regional parties or below the middle class. More specifically, the economically
organizations need not be organized along sectoral lines Moreover, the Court said that, it is noticeable that the marginalized and underrepresented are those who fall in the
and need not represent any particular sector. sectors mentioned in Section 5 are not all necessarily low income group as classified by the National Statistical
marginalized and underrepresented. For sure, added by the Coordination Board.
Furthermore, added by the Court, Section 3(a) of R.A. No. Court, professionals are not by definition marginalized and
7941 defines a party as either a political party or a sectoral underrepresented, not even the elderly, women, and the This interpretation will harmonize the 1987 Constitution
party or a coalition of parties. Clearly, a political party is youth. However, professionals, the elderly, women, and the and R.A. No. 7941 and will give rise to a multi-party
different from a sectoral party. Quoting Section 3(c) of youth may lack well-defined political constituencies, and system where those marginalized and underrepresented,
R.A. No. 7941, the Court further provides that a political can thus organize themselves into sectoral parties in both in economic and ideological status will have the
party refers to an organized group of citizens advocating an advocacy of the special interests and concerns of their opportunity to send their own members to the House of
ideology or platform, principles and policies for the general respective sectors. Representatives. This interpretation will also make the
conduct of government. On the other hand, Section 3(d) of Interpreting anew the policy declaration in Section 2 of party-list system honest and transparent, eliminating the
R.A. No. 7941 provides that a “sectoral party” refers to an R.A. No. 7941, the Court declared that such policy broadly need for relatively well-off party-list representatives to
organized group of citizens belonging to any of the sectors refers to marginalized and underrepresented sectors, masquerade as "wallowing in poverty, destitution and
enumerated in Section 5 hereof whose principal advocacy organizations and parties, the specific implementing infirmity, even as they attend sessions in Congress riding in
pertains to the special interest and concerns of their sector. provisions of R.A. No. 7941, according to the Court, do not SUVs.
R.A. No. 7941 provides different definitions for a political define or require that the sectors, organizations or parties
and a sectoral party. Obviously, said the Court, they are must be marginalized and underrepresented. On the SEPARATE OPINIONS
separate and distinct from each other. R.A. No. 7941 does contrary, the Court is in the position that to even interpret –Chief Justice Sereno
not require national and regional parties or organizations to that all the sectors mentioned in Section 5 are marginalized
represent the marginalized and underrepresented sectors. and underrepresented would lead to “absurdities.” Chief Justice is still in the view that Social Justice remains
the primordial reason of the Party-List System.
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 ever evolving concepts, created to address social 2. ID.; ID.; ID.; WORD "NOW" AND PHRASE
She vied that it is within this historical and textual millieu disparities, to be able to give life to the “social justice” "FURNISH ON THE DATE OF ENACTMENT." — In
that the party-list provisions in the 1987 Constitution policy of our Constitution. connection with the use of the word "now" and the phrase
should be interpreted. Every provision should be read in the "furnish on the date of enactment" appellant would have
context of all the other provisions so that contours of 3. LITERAL IMPORT MUST YIELD TO this Court accept the view that as it began business after the
constitutional policy are made clear. She further added that, INTENT Minimum Wage Law was enacted in 1951, the safeguard in
the place of the party-list system in the constitutional said Section 19 of R.A. No. 602 that would preclude any
scheme was that it provided for the realization of the ideals a. Automotive Parts & Equipment Co. evasion thereof becomes nugatory because of the presence
on social justice in the political arena party-list system is v. Lingad, G.R. No. L-26406, therein of the word "now" which for appellant, would have
primarily a tool for social justice, the standard of October 31, 1969 the effect of limiting its application only to business
“marginalized and underrepresented” under Section 2 must establishments existing as of the date of its effectivity on
be deemed to qualify national, regional and sectoral parties 1. CONSTITUTIONAL LAW; PRINCIPLE OF SOCIAL April 6, 1951. Such view pays no heed to the constitutional
or organizations. To argue otherwise, the Chief warned, is JUSTICE; SECTION 19 OF R.A. No. 602 TO BE command of protection to labor or to assure that the
to divorce national and regional parties or organizations INTERPRETED IN CONFORMITY WITH SUCH legislative purpose be attained. It would defy common
from the primary objective of attaining social justice, which PRINCIPLE. — Petitioner-appellant believes that Section sense. It best amounts to a manifestation of verbal
objective surrounds, permeates, imbues, and underlies the 19 of R.A. No. 602, particularly that portion prohibiting the ingenuity but hardly satisfies the test of rationality on
entirety of both the 1987 Constitution and RA 7941. reduction of wages paid to employees in excess of the which law must be based.
Section 2 of RA 7941, according to the Chief, states that minimum wage established in the Act or supplements
the party-list system seeks to “enable Filipino citizens theretofore granted to employees only refers and applies to 3. STATUTORY CONSTRUCTION; DUTY OF
belonging to the marginalized and underrepresented employers in business prior to and at the time of enactment COURTS. — Courts are not to give words a meaning
sectors, organizations and parties to become members of of R.A. No. 602 and that the prohibition thereof against which would lead to absurd or unreasonable consequence.
the House of Representatives.” On its face, it is apparent reduction of supplements in Section 19 of said Republic It is of the essence of judicial duty to construe statutes so as
that “marginalized and underrepresented” qualifies Act should not be applied prospectively to employers to avoid such a deplorable result.
“sectors,” “organizations,” and “parties”. coming into existence subsequent to the effective date of
In her last contention, Chief Justice interpreted the phrase said R.A. No. 602, and that despite the passage of R.A. No. b. US v. Toribio, 15 Phil. 85, G.R. No.
“marginalized and underrepresented” as standards to 4180, such interpretation is not altered since said R.A. No. 5060, January 26, 1910
provide for sufficient legislations. Sectoral parties or 4180 amended only Section 3 of R.A. No. 602 in the
organizations may either be “marginalized and amendatory Act. Such construction is in collision with the 1. STATUTORY CONSTRUCTION; SLAUGHTER OF
underrepresented” or lacking in “well-defined political constitutional command pursuant to the social justice LARGE CATTLE. — Section 30 and 33 of Act No. 1147
constituencies.” It is enough that their principal advocacy principle that the government extend protection to labor. If construed.
pertains to the special interest and concerns of their sector, the interpretation offered by appellant would be considered
those sectors include labor, peasant, fisherfolk, urban poor, acceptable, then there would be a negation of the purpose 2. ID.; ID. — Where the language of a statute is fairly
indigenous cultural communities, handicapped, veterans, of the amendatory act increasing the minimum wage law. susceptible of two or more constructions, that construction
and overseas workers, while the sectors that lack “well- That would be to defeat and frustrate rather than foster its should be adopted which will most tend to give effect of the
defined political constituencies” include professionals, the policy. manifest intent of the lawmaker and promote the object for
elderly, women, and the youth. Ending her dissent, she is of which the statute was enacted, and a construction should be
the view that, such principles enunciated by the law are rejected which would tend to render abortive other
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provisions of the statute and to defeat the object which the to the context, i.e., that every part of the statute must be the opinion of the then Justice J.B.L. Reyes of that Court,
legislator sought of attain by its enactment. considered together with the other parts, and kept "to prohibit donations in favor of the other consort and his
subservient to the general intent of the whole enactment. descendants because of fear of undue and improper
3. ID.; ID.; POLICE POWER OF THE STATE. — The Statutes, including rules, should be construed in the light of pressure and influence upon the donor, a prejudice deeply
provisions of Act No. 1147 prohibiting and penalizing the the object to be achieved and the evil or mischief to be rooted in our ancient law; 'porque no se engañen
slaughter of carabaos for human consumption which are fit suppressed and they should be given such construction as despojandose el uno al otro por amor que han de consuno,'
for "agricultural work and draft purposes," held to be a will advance the object, suppress the mischief and secure [according to] the Partidas (Part. IV, Tit. Xl, LAW IV),
reasonable and justifiable exercise of the sovereign police the benefits intended. A statute should therefore be read reiterating the rationale 'Ne mutuato amore invicem
power of the State, under the conditions existing in theses with reference to its leading idea, and its general purpose spoliarentur' of the Pandects (Bk 24, Tit. I, De donat, inter
Islands. and intention should be gathered from the whole act, and virum et uxorem); then there is every reason to apply the
this predominant purpose will prevail over the literal import same prohibitive policy to persons living together as
4. ID.; ID.; ID.; APPROPRIATION OF PRIVATE of particular terms or clauses, if plainly apparent, operating husband and wife without benefit of nuptials. For it is not
PROPERTY TO PUBLIC USE. — These provisions held as a limitation upon some and as a reason for expanding the to be doubted that assent to such irregular connection for
not to constitute an appropriation of private property signification of others, so that the interpretation may accord thirty years bespeaks greater influence of one party over the
interests to a "public use" so as to bring them within the with the spirit of the entire act, and so that the policy and other, so that the danger that the law seeks to avoid is
principles of the exercise by the State of the right of object of the statute as a whole may be made effectual and correspondingly increased. Moreover, as already pointed
eminent domain and to entitle the owners to compensation, operative to the widest possible extent. Otherwise stated, out by Ulpian (in his lib. 32 ad Sabinum, fr. 1), it would not
being no more than a just restraint of an injurious private the spirit, rather than the letter of a law determines its be just that such donations should subsist lest the condition
use of property. construction; hence, a statute, as in the rules in this case, of those who incurred guilt should turn out to be better. So
must be read according to its spirit and intent. long as marriage remains the cornerstone of our family law,
reason and morality alike demand that the disabilities
5. ID.; ID.; CIRCUMSTANCES JUSTIFYING USE OF
d. Matabuena v. Cervantes, G.R. No. attached to marriage should likewise attach to concubinage.
THE POLICE POWNER. — "To justify the State" in the
exercise of its sovereign police power "it must appear, first, L-28771, March 31, 1971
that the interests of the public generally, as distinguished 2. ID.; SUCCESSION; INTESTATE SUCCESSION;
from those of a particular class, require such interference; 1. CIVIL LAW; PROPERTY RELATIONS BETWEEN SURVIVING SPOUSE; RULE WHERE A SISTER
and, second, that the means are reasonable necessary for the HUSBAND AND WIFE; DONATIONS BY REASON OF SURVIVES WITH THE WIDOW. — The lack of validity
accomplishment of the purpose, and not unduly oppressive MARRIAGE; PROHIBITION AGAINST DONATION of the donation made b~ the deceased to defendant
upon individuals." (Lawton vs. Steele, 152 U. S., 133, 136.) BETWEEN SPOUSES DURING MARRIAGE; Petronila Cervantes does not necessarily result in plaintiff
APPLICABLE TO COMMON LAW RELATIONSHIP. — having exclusive right to the disputed property. Prior to the
While Art. 133 of the Civil Code considers as void a death of Felix Matabuena, the relationship between him and
c. Sy Tiong Shiou v. Sy Chim and Sy,
"donation between the spouses during the marriage", policy the defendant was legitimated by their marriage on March
G.R. No. 174168, March 30, 2009
considerations of the most exigent character as well as the 28. 1962. She is therefore his widow. As provided in the
dictates of morality require that the same prohibition should Civil Code, she is entitled to one-half of the inheritance and
For while a third-party complaint is not included in the the plaintiff, as the surviving sister to the other half.
apply to a common-law relationship. A 1954 Court of
allowed pleadings, neither is it among the prohibited ones.
Appeals decision Buenaventura v. Bautista, (50 O.G. 3679)
Nevertheless, this conflict may be resolved by following
interpreting a similar provision of the old Civil Code speaks e. Resident Marine Mammals of the
the well-entrenched rule in statutory construction, that
unequivocally. If the policy of the law is, in the language of Protected Seascape Tanon Strait v.
every part of the statute must be interpreted with reference
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 Sec. Angelo Reyes, G.R. No. 180771, the fundamental, paramount and supreme law of the nation, Pangandaman v. Commission on Elections 74 expounding
21 April 2015 it is deemed written in every statute and contract. on this point, pronounced:
As this Court has held in La Bugal, our Constitution
While the requirements in executing service contracts in requires that the President himself be the signatory of It is a basic precept in statutory construction that a statute
paragraph 4, Section 2 of Article XII of the 1987 service agreements with foreign-owned corporations should be interpreted in harmony with the Constitution and
Constitution seem like mere formalities, they, in reality, involving the exploration, development, and utilization of that the spirit, rather than the letter of the law determines its
take on a much bigger role. As we have explained in La our minerals, petroleum, and other mineral oils. This power construction; for that reason, a statute must be read
Bugal, they are the safeguards put in place by the framers cannot be taken lightly. according to its spirit and intent. . . . . (Citation omitted.)
of the Constitution to "eliminate or minimize the abuses
prevalent during the martial law regime." 78 Thus, they are This Court could not simply assume that while Presidential Consequently, we find no merit in petitioners' contention
not just mere formalities, which will only render a contract Decree No. 87 had not yet been expressly repealed, it had that SC-46 is prohibited on the ground that there is no
unenforceable but not void, if not complied with. They are been impliedly repealed. As we held in Villareña v. The general law prescribing the standard or uniform terms,
requirements placed, not just in an ordinary statute, but in Commission on Audit,71 "[i]mplied repeals are not lightly conditions, and requirements for service contracts involving
the fundamental law, the non-observance of which will presumed." It is a settled rule that when laws are in conflict oil exploration and extraction.
nullify the contract. Elucidating on the concept of a with one another, every effort must be exerted to reconcile
"constitution," this Court, in Manila Prince Hotel v. them. In Republic of the Philippines v. Marcopper Mining But note must be made at this point that while Presidential
Government Service Insurance System,79 held: Corporation,72 we said: AaCTcI Decree No. 87 may serve as the general law upon which a
service contract for petroleum exploration and extraction
A constitution is a system of fundamental laws for the The two laws must be absolutely incompatible, and a clear may be authorized, as will be discussed below, the
governance and administration of a nation. It is supreme, finding thereof must surface, before the inference of exploitation and utilization of this energy resource in the
imperious, absolute and unalterable except by the authority implied repeal may be drawn. The rule is expressed in the present case may be allowed only through a law passed by
from which it emanates. It has been defined as the maxim, interpretare et concordare leqibus est optimus Congress, since the Tañon Strait is a NIPAS 75 area.
fundamental and paramount law of the nation.It prescribes interpretendi, i.e.,every statute must be so interpreted and
the permanent framework of a system of government, brought into accord with other laws as to form a uniform
assigns to the different departments their respective powers system of jurisprudence. The fundament is that the
and duties, and establishes certain fixed principles on which legislature should be presumed to have known the existing
government is founded. The fundamental conception in laws on the subject and not have enacted conflicting
other words is that it is a supreme law to which all other statutes. Hence, all doubts must be resolved against any
laws must conform and in accordance with which all implied repeal, and all efforts should be exerted in order to
private rights must be determined and all public authority harmonize and give effect to all laws on the subject.
administered. Under the doctrine of constitutional (Citation omitted.)
supremacy, if a law or contract violates any norm of the
constitution that law or contract whether promulgated by Moreover, in cases where the statute seems to be in conflict
the legislative or by the executive branch or entered into by with the Constitution, but a construction that it is in
private persons for private purposes is null and void and harmony with the Constitution is also possible, that
without any force and effect. Thus, since the Constitution is construction should be preferred. 73 This Court, in

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