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no. 5. This, however, caused Javellana and Campos to file intra-constitutional and thus justiciable). EDSA I overthrew
a motion for reconsideration. Puno countered by saying the whole government. EDSA II sought to petition the
that Aquino had pledged that “no right provided under the government for redress of grievances which only affected
1973 Constitution shall be absent from the Freedom the office of the President.
Constitution” and thus by virtue of Section 2 E.O. 33, Puno
can claim seniority. This was debunked by the SC on the CONSTITUENT AND MINISTRANT FUNCTIONS
ground that a revolution changes everything because it
went in defiance of the then existing 1973 Constitution. The ACCFA v. CUGCO
core issue at hand was precisely WON the existing legal
order was overthrown by the revolutionary government. It ACCFA is being sued by CUGCO because of alleged
was. The little resistance met by the new government, violations of a collective bargaining agreement,
control of the state, appointment of key officers in the discrimination against members, and refusal to bargain.
administration, departure of officials of the previous regime, The CIR favored the complainants but ACCFA petitioned to
and the revamp of the military and judiciary signaled the the SC questioning WON the CIR has jurisdiction over the
point where the legal system had ceased to be obeyed by case depending on WON ACCFA exercised governmental
the Filipino people. or proprietary functions. The court ruled that the
implementation of the land reform program of the
Estrada v. Desierto government according to Republic Act No. 3844 is most
(2001) certainly a governmental, not a proprietary, function. The
CIR has no jurisdiction but nevertheless the collective
Erap alleges that he is still the President, albeit on-leave, bargaining agreements must be enforced.
where as Arroyo merely claims to be President. He sought
to enjoin the respondent Ombudsman from conducting any The ACA is a government office or agency engaged in
criminal complaints against his office until after the term of governmental, not proprietary functions. These functions
his presidency was over and only if legally warranted. The may not be strictly what President Wilson described as
first issue raised by the respondents is that the case is a "constituent" (as distinguished from "ministrant"),4 such as
political question and therefore outside the jurisdiction of those relating to the maintenance of peace and the
the SC. To determine whether or not the question is prevention of crime, those regulating property and property
political, the court looks to the most authoritative guideline rights, those relating to the administration of justice and the
in determining such issues: Justice Brennan’s words in the determination of political duties of citizens, and those
1962 case of Baker v. Carr. The Philippines’ leading case is relating to national defense and foreign relations. Under
Tanada v. Cuenco, where this Court, through former Chief this traditional classification, such constituent functions are
Justice Roberto Concepcion, held that political questions exercised by the State as attributes of sovereignty, and not
refer: merely to promote the welfare, progress and prosperity of
the people — these letter functions being ministrant he
“to those questions which, under the Constitution, are to be exercise of which is optional on the part of the government.
decided by the people in their sovereign capacity, or in
regard to which full discretionary authority has been The growing complexities of modern society, however,
delegated to the legislative or executive branch of the have rendered this traditional classification of the functions
government. It is concerned with issues dependent upon of government quite unrealistic, not to say obsolete. The
the wisdom, not legality of a particular measure.” areas which used to be left to private enterprise and
initiative and which the government was called upon to
The court held that the Arroyo government was not a enter optionally, and only "because it was better equipped
revolutionary government as compared to its Aquino to administer for the public welfare than is any private
counterpart. EDSA I involved extra-constitutional exercise individual or group of individuals,"5 continue to lose their
of people power revolution (and is thus a political question well-defined boundaries and to be absorbed within
and not subject to judicial review) whereas EDSA II activities that the government must undertake in its
provoked the resignation of the sitting president which sovereign capacity if it is to meet the increasing social
resulted in the succession of the vice president (which is challenges of the times. Here as almost everywhere else
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the tendency is undoubtedly towards a greater socialization The prohibition of the article in the first issue has already
of economic forces. Here of course this development was been decided in recent cases by reasoning of: ". . . for the
envisioned, indeed adopted as a national policy, by the prohibition to operate, the sale or assignment of the
Constitution itself in its declaration of principle concerning property must take place during the pendency of the
the promotion of social justice. litigation involving the property"1 Thus, no violation of said
provision took place. As for the second regarding the
PARENS PATRIAE violation of the Code of Commerce provision:
Gov. of Phil. Islands v. Monte de Piedad Political Law has been defined as that branch of public law
(1916) which deals with the organization and operation of the
governmental organs of the State and define the relations
Contributions were collected during the Spanish Regime of the state with the inhabitants of its territory (People vs.
for the relief of the victims of an earthquake. Part of the Perfecto). It may be recalled that political law embraces
money was never distributed and was instead deposited constitutional law, law of public corporations, administrative
with the defendant bank. In an action for its recovery later law including the law on public officers and elections.
filed by the government, the defendant questioned the Specifically, Article 14 of the Code of Commerce partakes
competence of the plaintiff (PI government), contending more of the nature of an administrative law because it
that the suit could be instituted only by the intended regulates the conduct of certain public officers and
beneficiaries themselves or by the heirs of the victims. The employees with respect to engaging in business; hence,
issue of concern here is WON the PI has the right to file a political in essence.
case in behalf of its citizens. It does in its capacity as the
guardian or parens patriae of the people. Upon the transfer of sovereignty from Spain to the United
States and later on from the United States to the Republic
of the Philippines, Article 14 of the Spanish Code of
SOVEREIGNTY Commerce must be deemed to have been abrogated
Elements of the State because where there is change of sovereignty, the political
laws of the former sovereign, whether compatible or not
Co Kim Chan v. Valdez Tan Keh (1945) with those of the new sovereign, are automatically
abrogated, unless they are expressly re-enacted by
There was no change of sovereignty during the period of affirmative act of the new sovereign.
Japanese occupation. Possession of sovereignty remained Thus, We held in Roa vs. Collector of Customs that:
with the Americans while the exercise of the acts of
sovereignty belonged to the belligerent invaders. "'By well-settled public law, upon the cession of territory by
one nation to another, either following a conquest or
Macariola v. Asuncion otherwise, . . . those laws which are political in their nature
(1992) and pertain to the prerogatives of the former government
immediately cease upon the transfer of sovereignty.' 2
In a civil case of the CFI Leyte, Judge Asuncion ruled a
partition of lots of one deceased Francisco Reyes among "While municipal laws of the newly acquired territory not in
Macariola (sole child of Francisco’s first wife) and the conflict with the laws of the new sovereign continue in force
children from his second marriage. A year later, the judge without the express assent or affirmative act of the
bought one of the lots he settled from a certain Galapon. conqueror, the political laws do not. 3
Macariola charges Asuncion with a complaint of committing
“acts unbecoming a judge.” The main issues are twofold: 1
the first is WON he violated Article 1491 (5) of the CC; and The Director of Lands vs. Ababa, et al., [1979]; Rosario
vda. de Laig vs. Court of Appeals, [1978]
second is WON he violated Article 14 (1) & (5) of the Code
of Commerce. 2
Opinion, Atty. Gen., July 10, 1899
3
Halleck's Int. Law, chap. 34, par. 14
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Likewise, in People vs. Perfecto, this Court stated that: "It ordinance violate his constitutional rights; that the penalties
is a general principle of the public law that on acquisition of provided for are much more severe than the RPC. SolGen
territory the previous political relations of the ceded region is of the opinion that the petition should be granted
are totally abrogated." because the Ordinance mentioned in creating said court is
“tinged with political complexion”, that the procedure does
There appears no enabling or affirmative act that continued not afford a fair trial and violates constitutional right of
the effectivity of the aforestated provision of the Code of accused persons under a legitimate Constitution. The court
Commerce after the change of sovereignty from Spain to is of the opinion that:
the United States and then to the Republic of the
Philippines. Consequently, Article 14 of the Code of As to the validity of the creation of the Court of Special and
Commerce has no legal and binding effect and cannot Exclusive Criminal Jurisdiction by Ordinance No. 7, the
apply to the respondent, then Judge of the Court of First only factor to be considered is the authority of the
Instance, now Associate Justice of the Court of Appeals. legislative power which promulgated said law or ordinance.
It is well established in International Law that "The criminal
Ruffy v. Chief of Staff jurisdiction established by the invader in the occupied
(1946) territory finds its source neither in the laws of the
conquering or conquered state, — it is drawn entirely from
Ruffy, a provincial commander of the Philippine the law martial as defined in the usages of nations. The
Constabulary, instead of surrendering to the Japanese authority thus derived can be asserted either through
forces, disbanded his company, retreated to the mountains special tribunals, whose authority and procedure is defined
and led a guerilla unit. Lieut. Col. Jurado, recognized by in the military code of the conquering state, or through the
the United States Armed Forces, was sent to replace Ruffy ordinary courts and authorities of the occupied district."
but was slain by the latter and his companions. The same (Taylor, International Public Law, p. 598.)
people who killed the replacing officer claim that they were
not subject to military law at the time when the offense was The so-called Republic of the Philippines, being a
committed. But the rule suspending political laws only governmental instrumentality of the belligerent occupant,
affects the civilian inhabitants of the occupied territory and had therefore the power or was competent to create the
is not intended to bind the enemies in arms. Thus, Court of Special and Exclusive Criminal Jurisdiction. No
members of the armed forces continued to be covered by question may arise as to whether or not a court is of a
the National Defense Act, the Articles of War, and other political complexion, for it is mere governmental agency
laws relating to the armed forces even during the Japanese charged with the duty of applying the law to cases falling
occupation. By the acceptance of the petitioners’ within its jurisdiction. Its judgments and sentences may be
appointments as officers in the Philippine Army they of a political complexion or not depending upon the nature
became amenable to the Articles of War. or character of the law so applied. There is no room for
doubt, therefore, as to the validity of the creation of the
Peralta v. Director of Prisons court in question.
(1945)
The validity of the sentence rendered by the Court of
Petitioner, a member of the Metropolitan Constabulary, was Special and Exclusive Criminal Jurisdiction which imposes
prosecuted for the crime of robbery as defined by the life imprisonment upon the herein petitioner, depends upon
National Assembly of the so-called Republic of the the competence or power of the belligerent occupant to
Philippines. He was found guilty and sentenced to serve promulgate Act No. 65 which punishes the crime of which
time by the Court of Special and Exclusive Criminal said petitioner was convicted.
Jurisdiction created in sec. 1 of Ordinance no. 7
promulgated by the President of the Republic. The petition It appears clear that it was within the power and
for habeas corpus is based on the ground that the Court’s competence of the belligerent occupant to promulgate,
existence was void ab initio because it was created as a through the National Assembly of the so-called Republic of
political instrumentality under the command of the the Philippines, Act No. 65 of the said Assembly, which
Japanese Imperial Army; that the provisions of said penalizes the crimes of robbery and other offenses by
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imprisonment ranging from the maximum period of the in the municipal laws, or acts already penalized by the
imprisonment prescribed by the laws and ordinances latter as a crime against the legitimate government, but
promulgated by the President of the so-called Republic as taken out of the territorial law and penalized as new
minimum, to life imprisonment or death as maximum. offenses committed against the belligerent occupant,
Although these crimes are defined in the Revised Penal incident to a state of war and necessary for the control of
Code, they were altered and penalized by said Act No. 65 the occupied territory and the protection of the army of the
with different and heavier penalties, as new crimes and occupier. They are acts penalized for public rather than
offenses demanded by military necessity, incident to a state private reasons, acts which tend, directly or indirectly, to aid
of war, and necessary for the control of the country by the or favor the enemy and are directed against the welfare,
belligerent occupant, the protection and safety of the army safety and security of the belligerent occupant. As
of occupation, its support and efficiency, and the success of examples, the crimes against national security, such as
its operations. treason, espionage, etc., and against public order, such as
rebellion, sedition, etc., were crimes against the
The last question is the legal effect of the reoccupation of Commonwealth or United States Government under the
the Philippines and restoration of the Commonwealth Revised Penal Code, which were made crimes against the
Government; that is, whether or not, by the principle of belligerent occupant.
postliminy, the punitive sentence which petitioner is now
serving fell through or ceased to be valid from that time.
STATE IMMUNITY
We have already held in our recent decision in the case of
Co Kim Cham vs. Valdez Tan Keh and Dizon, supra, that all CHARACTERIZATION OF SUIT
judgment of political complexion of the courts during the
Japanese regime, ceased to be valid upon reoccupation of Begosa v. Chairman, Phil. Vet. Assoc.
the islands by virtue of the principle or right of postliminium. (1970)
Applying that doctrine to the present case, the sentence
which convicted the petitioner of a crime of a political A veteran, Begosa, suffering from permanent disability was
complexion must be considered as having ceased to be being denied what has been granted him specifically by
valid ipso facto upon the reoccupation or liberation of the legislative enactment (which certainly is superior to any
Philippines by General Douglas MacArthur. regulation that may be promulgated by the Philippine
Veterans Administration). Although the respondent
Alcantara v. Director of Prisons relented, the amount released was far less than what the
veteran was legally entitled to. He appealed. The doctrine
Petitioner was convicted of the crime of illegal discharge of of state immunity cannot be invoked by the PVA.
firearms. The CA modified the sentence from arresto mayor
to prision correccional. Petitioner questions the validity of Where litigation may have adverse consequences on the
the CA on the sole ground that the court was a creation of public treasury, whether in the disbursements of funds or
the so-called Republic of the Philippines during the loss of property, the public official being tried cannot be
Japanese military occupation. In Co Kim Cham v. Valdez held liable by virtue of state immunity. However, where the
Tan Keh and Dizon, the court ruled that the RP and the suit against such a government official had to be instituted
PEC were governments de facto and that judicial acts were because of his failure to comply with the duty imposed by
good and valid and remained good and valid after the statute appropriating funds for the benefit of the plaintiff,
restoration of the Commonwealth Government. The CA that then the doctrine of state immunity cannot be applied.
existing during Japanese occupation was the CA after the
restoration. And even if the CA was a new court, its Republic v. Feliciano
judgments would still remain good and valid provided that (1987)
they do not have a political complexion.
Feliciano allegedly owns a parcel of land through his
A punitive or penal sentence is said to be of a political possession of informacion possesoria. But this same land,
complexion when it penalizes either a new act not defined by virtue of Proclamation No. 90 of President Ramon
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Magsaysay, became reserved for settlement purposes. The doctrine of state immunity is applicable not only to our
Feliciano seeks to prove that his ownership of the land as own government but also to foreign states who are subject
evidenced by his informacion is valid and makes a claim to to the jurisdiction of our courts.
recover said property. However, the court ruled that the
state did not give its consent to be sued and thus immune The practical justification for the doctrine, as Holmes put it,
from the complaint. Although the proclamation stated that it is that "there can be no legal right against the authority
shall be “subject to private rights if any there be”, this which makes the law on which the right depends." In the
cannot be construed as an express waiver of immunity. case of foreign states, the rule is derived from the principle
of the sovereign equality of states which wisely
Waiver of immunity, being a derogation of sovereignty, will admonishes that par in parem non habet imperium5 and
not be inferred lightly, but must be construed in strictissimi that a contrary attitude would "unduly vex the peace of
juris4. Moreover, the Proclamation is not a legislative act. nations." Our adherence to this precept is formally
The consent of the State to be sued must emanate from expressed in Article II, Section 2, of our Constitution, where
statutory authority. Waiver of State immunity can only be we reiterate from our previous charters that the Philippines
made by an act of the legislative body. "adopts the generally accepted principles of international
law as part of the law of the land."
because barbershop concessionaires are commercial in The consent of the state to be sued may be manifested
nature and the state entering into such a proprietary expressly or impliedly. Express consent may be embodied
contract implicitly gave its consent to be sued. in a general law or a special law. Consent is implied when
the state enters into a contract or it itself commences
(2) A cook was found guilty of pouring urine in soup and litigation.
was subsequently relieved from duty. He files a complaint
against the club manager who invokes state immunity. The The general law waiving the immunity of the state from suit
State can be sued since restaurant operation is a is found in Act No. 3083, under which the Philippine
commercial affair, however, it does not necessarily mean government "consents and submits to be sued upon any
that the state is liable. moneyed claim involving liability arising from contract,
express or implied, which could serve as a basis of civil
(3) Luis Bautista was caught in a buy-bust operation; he action between private parties." In Merritt v. Government of
was then subsequently relieved from duty. He now sues the Philippine Islands, a special law was passed to enable
with the complaint of illegal dismissal. The respondent a person to sue the government for an alleged tort. When
State cannot be sued because it performed acts within its the government enters into a contract, it is deemed to have
official capacity. descended to the level of the other contracting party and
divested of its sovereign immunity from suit with its implied
There is no question that the United States of America, like consent. Waiver is also implied when the government files
any other state, will be deemed to have impliedly waived its a complaint, thus opening itself to a counterclaim.
non-suability if it has entered into a contract in its
proprietary or private capacity. It is only when the contract The above rules are subject to qualification. Express
involves its sovereign or governmental capacity that no consent is effected only by the will of the legislature
such waiver may be implied. through the medium of a duly enacted statute. 18 We have
held that not all contracts entered into by the government
Even without such affirmation [in Art. 16, Sec. 3 of 1987 will operate as a waiver of its non-suability; distinction must
Constitution], we would still be bound by the generally be made between its sovereign and proprietary acts. As for
accepted principles of international law under the doctrine the filing of a complaint by the government, suability will
of incorporation. Under this doctrine, as accepted by the result only where the government is claiming affirmative
majority of states, such principles are deemed incorporated relief from the defendant.
in the law of every civilized state as a condition and
consequence of its membership in the society of nations.
Upon its admission to such society, the state is
automatically obligated to comply with these principles in
its relations with other states.
The Holy See v. Rosario
XXX (1994)
The doctrine is sometimes derisively called "the royal The Holy See, represented by the Papal Nuncio, sold
prerogative of dishonesty" because of the privilege it grants certain parcels of land to two buyers. However, because
the state to defeat any legitimate claim against it by simply the petitioners were unable to evict the squatters, a dispute
invoking its non-suability. That is hardly fair, at least in arose as to who held the responsibility of clearing the said
democratic societies, for the state is not an unfeeling tyrant parcels of land of squatters. Respondents filed a complaint
unmoved by the valid claims of its citizens. In fact, the for the annulment of the sale of the land but the DFA filed a
doctrine is not absolute and does not say the state may not motion to intervene claiming that it had a legal interest in
be sued under any circumstance. On the contrary, the rule the outcome of the case as regards the diplomatic
says that the state may not be sued without its consent, immunity of petitioner.
which clearly imports that it may be sued if it consents.
The burden of the petition is that respondent trial court has
no jurisdiction over petitioner, being a foreign state enjoying
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sovereign immunity. On the other hand, private respondent acquisition and subsequent disposal of Lot 5-A were made
insists that the doctrine of non-suability is not anymore for profit but claimed that it acquired said property for the
absolute and that petitioner has divested itself of such a site of its mission or the Apostolic Nunciature in the
cloak when, of its own free will, it entered into a commercial Philippines. Private respondent failed to dispute said claim.
transaction for the sale of a parcel of land located in the
Philippines. WAIVER OF IMMUNITY
duly-enacted statute. Neither does such answer come as important, if not more so, that there be fidelity to legal
under the implied forms of consent as earlier discussed. norms on the part of officialdom if the rule of law were to be
maintained. It is not too much to say that when the
Amigable v. Cuenca government takes any property for public use, which is
(1972) conditioned upon the payment of just compensation, to be
judicially ascertained, it makes manifest that it submits to
The government used a portion of the land owned by the jurisdiction of a court. There is no thought then that the
Amigable for the construction of the Mango and Gorordo doctrine of immunity from suit could still be appropriately
Avenues without prior negotiation/expropriation. Amigable invoked."
sues Cuenca in his capacity as Commissioner of Public
Highways seeking payment for the appropriated land. The Santiago v. Republic
court ruled in favor of the state by virtue of applying state (1978)
immunity. However, the SC set aside the lower courts
decision on the basis that “immunity from suit cannot serve Santiago filed an action in the CFI naming as defendant the
as an instrument for penetrating an injustice on a citizen.” Government of the Republic of the Philippines represented
by the Director of the Bureau of Plant Industry (BPI). His
Ministerio v. City of Cebu plea was for the revocation of a deed of donation executed
(1971) by him and his spouse in 1971, with the BPI as the donee.
Petitioner alleges that the donee failed to comply the terms
Petitioners seek just compensation for a registered lot of the donation. Petitioner then is led to conclude that he
alleging that the government took physical and material was exempt from compliance with such an explicit
possession of it and used it for the widening of Gorodo Ave. constitutional command, which prohibits a suit against the
in Cebu City. CFI dismissed the case on the ground of Republic without its consent. The issue is WON the RP
immunity of the state to be sued without its consent. gave its consent when it accepted the terms of donation
The SC held that: where the government takes away given by Santiago, thereby allowing itself to be sued based
property from a private landowner for public use without on the high dictates of equity and justice.
going through the legal process of expropriation or
negotiated sale, the aggrieved party may properly maintain In the case at bar, the Republic, as donee, gave its implied
a suit against the government without thereby violating the consent to perform the conditions of the donation. In such a
doctrine of governmental immunity from suit without its case as this, the court held that the donor, with the
consent. The SC there said: Republic as donee, is entitled to go to court in case of an
alleged breach of the conditions of such donation. He (the
". . . If the constitutional mandate that the owner be donor) has the right to be heard. Under the circumstances,
compensated for property taken for public use were to be the fundamental postulate of non-suitability cannot stand in
respected, as it should, then a suit of this character should the way. The government being the beneficiary manifests
not be summarily dismissed. The doctrine of governmental its adherence to the highest ethical standards, which can
immunity from suit cannot serve as an instrument for only be ignored at the risk of losing the confidence of the
perpetrating an injustice on a citizen. Had the government people.
followed the procedure indicated by the governing law at
the time, a complaint would have been filed by it, and only Lim v. Brownell
upon payment of the compensation fixed by the judgment, (1960)
or after tender to the party entitled to such payment of the
amount fixed, may it have the right to enter in and upon the Lim is claiming ownership over certain lots of land that
land so condemned, to appropriate the same to the public were reclaimed by the US government and subsequently,
use defined in the judgment.' If there were an observance turned over to the RP. Lim claims these lands originally
of procedural regularity, petitioners would not be in the sad belong to his deceased mother but were illegally
plaint they are now. It is unthinkable then that precisely possessed by Japanese troops. The US was able to take
because there was a failure to abide by what the law possession of said lands after the war by virtue of the
requires, the government would stand to benefit. It is just Trading with the Enemy Act.
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and the doctrine of state immunity exempts them from suit. performed, in which case the provisions of the preceding
IAC ruled in favor of Baliwag, hence this appeal. article shall be applicable." It is, therefore, evident that the
State (the Government of the Philippine Islands) is only
Although PNR is a government formed department, PNR liable, according to the above quoted decisions of the
engages in a purely commercial action. PNR was created Supreme Court of Spain, for the acts of its agents, officers
not to discharge a governmental function but to operate a and employees when they act as special agents within the
transport service which is essentially a business concern. meaning of paragraph 5 of article 1903, supra, and that the
When the government enters in a commercial business, it chauffeur of the ambulance of the General Hospital was not
abandons its sovereign capacity and is to be treated like such an agent.
any other private corporation.
SUITABILITY V. LIABILITY
Gonzales v. COMELEC 4. The spirit of the Constitution demands that the election,
November 9, 1967, Concepcion, C.J. in which proposals for amendment shall be submitted to
the people for ratification, must be held under such
Facts: conditions — which, allegedly, do not exist — as to give the
The House of Representatives passed a bill which allowed people a reasonable opportunity to have a fair grasp of the
for proposals in Resolution 1 (increasing max number of nature and implications of said amendments.
representatives from 120-180) and Resolution 3
( authorizing Senators and Representatives to be Senator Arturo Tolentino objected to the PHILCONSA
delegates in a constitutional convention) to be passed. This petition on the following grounds: a) that the Court has no
was subsequently approved by the President as R.A. 4913 jurisdiction either to grant the relief sought in the petition, or
which provided for amendments to be made subject to the to pass upon the legality of the composition of the House of
people’s approval at the general elections of Nov. 1967. Representatives; b) that the petition, if granted, would, in
effect, render in operational the legislative department; and
Gonzales, a taxpayer, filed a class suit and prayed that: (1) c) that "the failure of Congress to enact a valid
COMELEC restrain from performing acts that would result reapportionment law . . . does not have the legal effect of
in the holding of the plebiscite for ratification; and (2) rendering illegal the House of Representatives elected
declare the Act unconstitutional. thereafter, nor of rendering its acts null and void."
It was urged by the petitioners that said resolutions are null The force of the precedent in Mabanag vs. Lopez Vito
and void because: declaring the issue to be “merely political” has been
weakened by Suanes vs. Chief Accountant of the Senate,
1. The Members of Congress, which approved the Avelino vs. Cuenco, Tañada vs. Cuenco, and Macias vs.
proposed amendments, as well as the resolution calling a Commission on Elections. In the first, we held that the
convention to propose amendments, are, at best, de facto officers and employees of the Senate Electoral Tribunal are
Congressmen; under its supervision and control, not of that of the Senate
President, as claimed by the latter; in the second, this
2. Congress may adopt either one of two alternatives Court proceeded to determine the number of Senators
propose — amendments or call a convention therefore but necessary for a quorum in the Senate; in the third, we
may not avail of both — that is to say, propose amendment nullified the election, by Senators belonging to the party
and call a convention — at the same time; having the largest number of votes in said chamber,
purporting to act on behalf of the party having the second
3. The election, in which proposals for amendment to the largest number of votes therein, of two (2) Senators
Constitution shall be submitted for ratification, must be a belonging to the first party, as members, for the second
special election, not a general election, in which officers of party, of the, Senate Electoral Tribunal; and in the fourth,
6
we declared unconstitutional an act of Congress purporting
No digests for the first two sections of this chapter:
Separation of Powers and the Non-Delegation Doctrine to apportion the representative districts for the House of
Mars Veloso 1C, 2006-2007 Constitutional Law I Digests (Pre-Legislative Compilation) v1.5 Page No.13
however, said:
Mars Veloso 1C, 2006-2007 Constitutional Law I Digests (Pre-Legislative Compilation) v1.5 Page No.14
ARTICLE XV AMENDMENTS
shall have the same functions, responsibilities, rights, 1976 amendments must necessarily suffer from the same
privileges, and disqualifications as the interim National congenital infirmity.
Assembly and the regular National Assembly and the
Members thereof." One of such powers is precisely that of 3. Prescinding from the foregoing and assuming the validity
proposing amendments. of the proposed amendments, I reiterate my stand in
Sanidad that the doctrine of fair and proper submission firs
Petitioners would argue that the amendments proposed are enunciated by a simple majority of six Justices (of an
so extensive as to constitute a revision. “At any rate, eleven member Court prior to the 1973 Constitution which
whether the Constitution is merely amended in part or increased the official composition of the Court to fifteen) in
revised or totally changed would become immaterial the Gonzales vs. Comelec and subsequently officially adopted
moment the same is ratified by the sovereign people.” by the required constitutional two-thirds majority vote of the
Court (of eight votes, then) in Tolentino is fully applicable in
Regarding the issue of votes necessary to propose the case at bar. The three resolutions proposing complex,
amendments as well as the standard for proper complicated and radical amendments of our very structure
submission, petitioners have not made out a case that calls of government were considered and approved by the
for a judgment in their favor. The language of the Interim Batasang Pambansa sitting as a constituent
Constitution supplies the answer to the above questions. assembly on February 27, 1981. It set the date of the
The Interim Batasang Pambansa, sitting as a constituent plebiscite for thirty-nine days later on April 7, 1981 which is
body, can propose amendments. In that capacity, only a totally inadequate and far short of the ninety-day period
majority vote is needed. It would be an indefensible fixed by the Constitution for submittal to the people to
proposition to assert that the three-fourth votes required "sufficiently inform them of the amendments to be voted
when it sits as a legislative body applies as well when it upon, to conscientiously deliberate thereon and to express
has been convened as the agency through which their will in a genuine manner."
amendments could be proposed.
4. "The minimum requirements that must be met in order
Teehankee, J. (Dissenting): that there can be a proper submission to the people of a
1. Under the prevailing doctrine of Tolentino vs. Comelec proposed constitutional amendment" as stated by retired
that the proposed amendments to be valid must come from Justice Conrado V. Sanchez in his separate opinion in
the constitutional agency vested with the constituent power Gonzales bears repeating as follows: "... we take the view
to do so, i.e. in the Interim National Assembly provided in that the words 'submitted to the people for their ratification,'
the Transitory Article XVII which would then have to be if construed in the light of the nature of the Constitution – a
convened and not from the executive power as vested in fundamental charter that is legislation direct from the
the President (Prime Minister) from whom such constituent people, an expression of their sovereign will – is that it can
power has been withheld. only be amended by the people expressing themselves
according to the procedure ordained by the Constitution.
2. As restated by me in the 1977 case of Hidalgo, under the Therefore, amendments must be fairly laid before the
controlling doctrine of Tolentino, the October 1976 people for their blessing or spurning. The people are not to
constitutional amendments which created the Interim be mere rubber stamps. They are not to vote blindly. They
Batasang Pambansa in lieu of the Interim National must be afforded ample opportunity to mull over the original
Assembly were invalid since as ruled by the Court therein, provisions, compare them with the proposed amendments,
constitutional provisions on amendments "dealing with the and try to reach a conclusion as the dictates of their
procedure or manner of amending the fundamental law are conscience suggest, free from the incubus of extraneous or
binding upon the Convention and the other departments of possibly insidious influences. We believe the word
the government (and) are no less binding upon the people" 'submitted' can only mean that the government, within its
and "the very Idea of deparcing from the fundamental law maximum capabilities, should strain every short to inform
is anachronistic in the realm of constitutionalism and every citizen of the provisions to be amended, and the
repugnant to the essence of the rule of law." The proposed proposed amendments and the meaning, nature and
amendments at bar having been adopted by the Interim effects thereof. ... What the Constitution in effect directs is
Batasang Pambansa as the fruit of the invalid October, that the government, in submitting an amendment for
Mars Veloso 1C, 2006-2007 Constitutional Law I Digests (Pre-Legislative Compilation) v1.5 Page No.16
Facts:
Lasco, et. al were dismissed from the United Nations Revolving Fund for Natural Resources
Exploration (UNRFNRE), which is a special fund and subsidiary organ of the United Nations.
Issues/Held/Ratio: The UNRFNRE is involved in a joint project of the Philippine Government and the United
(1) WON petitioners have legal standing. Nations for exploration work in Dinagat Island. They filed suit with the Labor Arbiter for illegal
dismissal and damages.
No. They cannot file suit as taxpayers because the military exercise does not involve
Congress’ taxing or spending powers. Being lawyers does not invest them with personality to
8
A lot of dissenting opinions. Too lazy. Will get back to them when I have time.
Respondent UNRFNRE filed a motion to dismiss claiming the Labor Arbiter had no jurisdiction
because the respondent enjoyed diplomatic immunity (citing the 1946 Convention on the Issues/Held/Ration:
Privileges and Immunities of the United Nations).9 WON the respondent is immune by virtue of its diplomatic status.
Labor Arbiter subsequently dismissed the claim made by the petitioner. With their motion for As a matter of state policy as expressed in the Constitution, the Philippine Government adopts
reconsideration denied, they proceeded to appeal with NLRC which affirmed the Labor the generally accepted principles of international law (1987 Constitution, Art. II, Sec. 2). Being
Arbiter’s decision. Without seeking a reconsideration of the resolution, they filed an instant a member of the United Nations and a party to the Convention on the Privileges and
petition for certiorari in the SC. Immunities of the Specialized Agencies of the United Nations, the Philippine Government
adheres to the doctrine of immunity granted to the United Nations and its specialized
Petitioners argued that the acts of mining exploration and exploitation are outside the official agencies. Both treaties have the force and effect of law.
functions of an international agency protected by diplomatic immunity. Even assuming that
private respondent was entitled to diplomatic immunity, petitioners insisted that private Our courts can only assume jurisdiction over private respondent if it expressly waived its
respondent waived it when it engaged in exploration work and entered into a contract of immunity, which is not so in the case at bench (Convention on the Privileges and Immunities
employment with petitioners. of the Specialized Agencies of the United Nations, Art. III, Sec. 4).
Petitioners, likewise, invoked the constitutional mandate that the State shall afford full Private respondent is not engaged in a commercial venture in the Philippines. Its presence
protection to labor and promote full employment and equality of employment opportunities for here is by virtue of a joint project entered into by the Philippine Government and United
all (1987 Constitution, Art. XIII, Sec. 3). Nations for mineral exploration in Dinagat Island. Its mission is not to exploit our natural
resources and gain pecuniarily thereby but to help improve the quality of life of the people,
The Office of the Solicitor General is of the view that private respondent is covered by the including that of petitioners.
mantle of diplomatic immunity. Private respondent is a specified agency of the United Nations.
Under Article 105 of the Charter of the United Nations. 10 This is not to say that petitioners have no recourse. Section 31 of the Convention on the
Privileges and Immunities of the Specialized Agencies of the United Nations states that "each
9
In support thereof, private respondent attached a letter from the Department of Foreign Affairs specialized agency shall make a provision for appropriate modes of settlement of: (a) disputes
dated August 26, 1991, which acknowledged its immunity from suit. The letter confirmed that arising out of contracts or other disputes of private character to which the specialized agency
private respondent, being a special fund administered by the United Nations, was covered by the is a party."
1946 Convention on the Privileges and Immunities of the United Nations of which the Philippine
Government was an original signatory (Rollo, p. 21).
10
"1. The Organization shall enjoy in the territory of its Members such privileges and
immunities as are necessary for the fulfillment of its purposes. "Sec. 4. The specialized agencies, their property and assets, wherever located and by
whomsoever held, shall enjoy immunity from every form of legal process except insofar as in any
particular case they have expressly waived their immunity. It is, however, understood that no
waiver of immunity shall extend to any measure of execution mphasis supplied).
"2. Representatives of the Members of the United Nations and officials of the Organization
shall similarly enjoy such privileges and immunities as are necessary for the independent
exercise of their functions in connection with the Organization."
"Sec. 5. The premises of the specialized agencies shall be inviolable. The property and assets
of the specialized agencies, wherever located and by whomsoever held, shall be immune from
search, requisition, confiscation, expropriation and any other form of interference, whether by
Corollary to the cited article is the Convention on the Privileges and Immunities of the executive, administrative, judicial or legislative action".
Specialized Agencies of the United Nations, to which the Philippines was a signatory (Vol. 1,
Philippine Treaty Series, p. 621.) We quote Sections 4 and 5 of Article III thereof:
Protection against deprivation of liberty without due process is not limited to Filipinos (extends
Mejoff v. Director Of Prisons to everyone except enemy aliens)11
1951 (Jackie Espenilla) Art 2, Sec. 3 – the Phils adopts the generally accepted principles of international law as part of
the law of the Nation
Nature:
a 2nd petitition for habeas corpus by Boris Mejoff (a Russian who was brought to the country Phils was part of UN General Assembly that approved Universal Declaration of Human Rights.
from Shanghai as a secret operative by the Japanese) Said Declaration outlined:
All human beings are born free and equal in rights
Facts: Everyone is entitled to the freedoms set forth in this Declaration w/o making any
Mejoff was arrested as a Japanese spy upon Phil liberation by the US Counter Intelligence distinctions
Corps; he was handed to the Commonwealth for disposition according to Commonwealth Act Everyone has the right to an effective remedy by competent tribunals for acts
No. 682. The People’s Court later released him. violating fundamental rights granted to him by the Consti or law
No one shall be subject to arbitrary arrest, detention or exile
The Deportation Board found that he had no travel documents and was thus an illegal alien.
Philippine law on immigration was copied from US law, thus the reasoning in Staniszewski v.
The Board of Commissioners of Immigration declared that he entered the country illegally in Watkins applies (writ of habeas corpus was sustained. Petitioner was released w/ condition to
1944 and was ordered deported immediately inform immigration officials of his whereabouts every month until he can be properly deported)
Has been in detention ever since (failed attempts to deport him) while authorities try to make Further, petitioner has no pending charges against him and the prospects of bringing any
new travel arrangements against him are slim and remote.
The Court held that temporary detention is a necessary step in the process of expulsion of
undesirable aliens and said detention for a reasonable length of time is a Government right
No period was fixed within which immigration authorities would Kuroda v. Jalandoni
carry out the deportation (Jackie Espenilla)
“Reasonable time” depends on the circumstances
Nature:
Issue/Held/ Petition to declare EO No. 6812 invalid/ petition to prohibit proceeding with the case
WON Mejoff should be discharged from custody
Facts:
Writ will issue commanding petitioner’s release w/ terms: shall be placed under surveillance; Kuroda was formerly a Lt. General of the Japanese Army and Commanding General of the
will put up a bond as surety Japanese forces in the Phils. he is now charged before a military commission convened by
Ratio:
Non-enemy Foreign nationals against whom no charge has been made other than the expiry
of their permission to stay may not be indefinitely kept in detention 11
Note: Petitioner’s entry in to the Phils was not unlawful as was brought in by a de facto
belligerent Jap govt (decrees were law)
12
EO No. 68 – established a National War Crimes Office prescribing rule and regulation
governing the trial of accused war criminals.
the Chief of Staff of the Armed Forces of the Philippines with having failed to discharge his says that participating lawyers have to be qualified in the Phils. Common in military tribunals
duties 13 that counsels are usually military personal
Kuroda now petitions SC to establish the illegality of EO No. 68 because (a) it violates local Spirit of comity esp. since US is a party in interest
laws and constitution and (b) because the Phils. is not a signatory of the Hague Convention
on Rules and regulations covering Land Warfare EO No. 68 is valid. Military commission can proceed.
Issues/Held/Ratio:
(1) WON EO No. 68 is valid
Art. 2, Sec. 3 of Consti – Phils. renounces war as an instrument of national policy and adopts
the generally accepted principles of international law as part of the nation
Kookooritchkin v. Solicitor General
The Hague Convention and Geneva Conventions form part of and are wholly based on the (Jackie Espenilla)
generally accepted principles of international law.
Nature:
Since both US and Japan signed them, their principles form part of our law even if Phils. was Appeal from a decision of lower court denying petition for naturalization of Eremes
not a signatory Kookooritchkin
Phils. was under the sovereignty of the US at the time the crimes were committed so we are
equally bound to uphold the principle Facts:
Kookoo applied for citizenship under Commonwealth Act 473 as amended by Act 535
Rights and obligations were not erased by assumption of sovereignty
Established at the hearing that he was a native born Russian and grew up in Russia under the
International jurisprudence established that all persons who have been guilty of planning or czars. When Bolsheviks took over, he fled the country and found his way to Manila in 1923
staging a war, committing atrocious crimes and offenses, etc are to be held accountable 14
Permanently established residence in Camarines Sur on May 1925
(2) WON respondents Hussey and Port can participate in prosecuting petitioner’s case Remained a resident except from 1942-1945 because he
became an underground guerilla officer. After the liberation, he
Yes. It is not violative of Consti because the Military Commission is a special military tribunal went back to Camarines
governed by a special law and not by ROC which govern civil courts. Nothing in EO. 68 which Has resided in Phils. for about 25 years
14
EO No. 68 is in conformity with this
Can speak English and Bicol dialect. Intermingles with Pinoys. Has good moral character and
believes in the Phil Constitution
Applicant could have been chummy with the Japanese but instead, chose to fight in guerilla
movement
Although a Russian by birth, he disclaims allegiance to the present Communist govt of Russia.
He is thus STATELESS and a REFUGEE of this country
Issues/Held/Ratio:
(1) WON declaration of intention to become a Filipino citizen is invalid and insufficient as a
basis for the petition for naturalization
Sec. 5 of Revised Naturalization Law – No declaration shall be valid until entry for permanent Yamashita v. Styer
residence has been established and a certificate showing the date, place and manner of (Jackie Espenilla)
arrival has been issued
i. Only a reconstituted declaration was presented as the records Nature:
of the Bureau of Justice were destroyed during the battle for the Petition for habeas corpus and prohibition against Lt. Gen. Styer (Commanding General of the
liberation of Manila US Army Forces)
ii. Even if reconstituted, declaration is still valid coz proven by
other competent evidence Facts:
Yamashita was the commanding general of the 14 th army group of the Japanese army in the
(2) WON Kookoo established a legal residence in the Phils and WON he can speak and write Phils and is now charged before the American military commission for committing heinous
in Phil. Languages acts against Americans and Pinoys
Testimonies on the record show that he was a legal resident for a continuous period of not Was originally classified as prisoner of war but was later changed to war criminal
less than 10years as required by Sec. 2 of Commonwealth Act No. 473
Yamashita now wants to be changed back to prisoner of war and that the military commission
Lower court found that he could speak and write English and Bicol. Besides, no specific be prohibited from further trying him
standard has been set on the use of the principal Phil. Languages
Issues/Held/Ratio:
(3) WON Kookoo is really stateless and WON he is disqualified from citizenship WON Yamashita may seek writ of habeas corpus
15
Jackie: Kookoo is Pinoy!
ii. Military Commission has been validly constituted and has Issues/ Held/Ratio:
jurisdiction over petitioner (coz Yamashita fell into the hands of (1) WON the IBP has standing.
the US army)
No. They failed to present a specific and substantial interest in the resolution of the case.
Under Par. 356 of the Rules of the Land Warfare, a Military Commission for the trial and “Upholding the rule of law and the constitution” is not sufficient to clothe it with standing. This
punishment of war criminals must be designated by the belligerent (the belligerent’s is too general an interest which is shared by other groups and the whole citizenry.
representative in this case is Styer)
According to the Regulations Governing the Trial of War Criminals in the Pacific, the trial of
persons, units and organizations accused as war criminals will be the Military Commissions to (2) WON the President’s decision is subject to judicial review.
be convened by or under the authority of the Commander in Chief, US Army Forces.
Yes. When the President calls out the military to prevent or suppress lawless violence, the
Articles of War Nos. 12 and 15 recognized the military Commission appointed by military Court cannot question the wisdom or substitute its own. However, it can still conduct an
command as an appropriate tribunal for the trial and punishment of offenses against the law of examination on whether such a decision was exercised within permissible constitutional limits
the war not ordinarily tried by court martial.16 or whether or not it was exercised constituting grave abuse of discretion.
Further, it is alleged that Spain (Japan’s protecting power) as not given due notice before trial In lieu of such a decision made by the President, it is incumbent for the petitioners to show
was begun against petitioner, contrary to provision of Geneva convention. 17 that the decision was without factual basis. No evidence of such nature was adduced.
(3) WON grave abuse of discretion was committed in calling out the military when no
IBP v. Zamora emergency existed.
August 15, 2000, Kapunan, J.
In the words of the late Justice Irene Cortes in Marcos v. Manglapus:
Facts:
IBP alleged that Erap, in ordering the military deployed in Manila, committed grave abuse of “More particularly, this case calls for the exercise of the President’s powers as protector of the
discretion because: (a) no emergency existed, and thus no military deployment was peace. [Rossiter, The American Presidency]. The power of the President to keep the peace
warranted; and (b) through Letters of Instruction formulated by the head of the national police, is not limited merely to exercising the commander-in-chief powers in times of emergency or to
the joint exercise of ‘Task Force Tulungan’ (as visibility patrols) conducted by the marines and leading the State against external and internal threats to its existence. The President is not
the PNP was a violation of civilian supremacy because the task of law enforcement was only clothed with extraordinary powers in times of emergency, but is also tasked with
civilian in nature. attending to the day-to-day problems of maintaining peace and order and ensuring domestic
tranquility in times when no foreign foe appears on the horizon. Wide discretion, within the
16
bounds of law, in fulfilling presidential duties in times of peace is not in any way diminished by
Yamashita is charged with permitting atrocities like rape of young girls, massacre of
the relative want of an emergency specified in the commander-in-chief provision. For in
noncombatants, destruction of property – offenses described in Par. 347 of the Rules of Land
Warfare
making the President commander-in-chief the enumeration of powers that follow cannot be
said to exclude the President’s exercising as Commander-in-Chief powers short of the calling
of the armed forces, or suspending the privilege of the writ of habeas corpus or declaring
17
Nothing in Convention saying that notice is a prerequisite to the jurisdiction of military martial law, in order to keep the peace, and maintain public order and security.”
commissions appointed by victorious belligerent. Spain has also severed diplomatic relation with
Japan
(4) WON in deploying the marines, the President violated the civilian supremacy clause.
IBP contends that with the said agreement, the civilian task of law enforcement is militarized Issues/ Held/Ratio:
and is thus in violation of Sec. 3, Article II of the Constitution. WON the ExecSec and DFA have a ministerial duty to transmit to the Senate the copy of the
Rome Statute.
Court rules that there is no breach. The joint exercise merely constitutes a permissible use of
military assets for civilian law enforcement; military participation in the conduct of joint visibility No. As chief architect of foreign policy, President is the country’s mouthpiece with respect to
patrols is appropriately circumscribed as evidenced by the LOI. Furthermore, leadership is international affairs. In the realm of treaty making, President has the sole authority to
vested in the PNP, a civilian institution, and their assigned role specifically gives them the negotiate with other states; ratification is under his/her authority. The Constitution, however,
responsibility of directing and managing the deployment of the marines. provides a limitation to such power to ratify by vesting in the Senate, the power to concur with
the President’s decision. It does not the agency delegated to ratify but the agency to concur or
There is no incursion of the military because the marines weren’t incorporated or enlisted as not with said decision. The duty being in the province of the President’s official duties, the
members of the PNP - the marines, in effect, merely provided assistance in these visibility court cannot compel the Executive branch by means of mandamus because it is beyond its
patrols; hence, such deployment does not destroy the civilian character of the PNP. jurisdiction.
As evidenced by the long history of military and civilian agencies working in tandem with each
other, the joint visibility patrols instead of showing the alleged derogation of civilian Bayan v. Executive Secretary
supremacy, shows mutual support and cooperation in the deployment of the marines. October 10, 2000, Buena, J.
Issues/ Held/Ratio:
(1) WON petitioners have standing.
No. As concerned citizens, taxpayers, and legislators, they fail to show that they have
sustained or in danger of sustaining any direct injury as a result of the enforcement of the
Pimentel v. Executive Secretary VFA. As taxpayers, the VFA doesn’t involve the exercise by Congress in taxing/spending
powers.
Facts:
The Rome Statute was signed by the Philippines through the DFA. Its’ provisions, however, (2) WON the applicable provision is that stated by the petitioners or that stated by
required that it be subject to ratification, acceptance and approval of the signatory states. respondents.
Pimentel, as senator, files a petition for mandamus claiming that the ratification of a treaty
(under domestic and international law) is a function of the Senate, hence, the Executive Dept. When the respondent says that temporary visits doesn’t make it a basing arrangement and
has a duty to transmit the signed statute to the Senate for ratification. thus invalidates the applicability of Article XIII Sec. 25, the Court considers this untenable
since the Constitution does not make a distinction between transient and permanent bases. Married businessman Silva cohabited with an unmarried actress Gonzales without benefit of a
When the respondent avers that said Article shouldn’t be controlling because no bases are marriage. Although they had two children, they eventually parted ways. Gonzales refused to
involved but merely troops and facilities, the Court finds it irrelevant because the provision’s allow Silva to be with the children on weekends. Silva filed a petition for custodial rights before
prohibition involves either one of the independent situations. the RTC. Petition was opposed by the mother of the children on the ground that Silva was a
womanizer and a gambler and such behavior would have detrimental effects on the children.
“It is our considered view that both constitutional provisions, far from contradicting each other, The RTC granted visitation rights which Gonzales still contended despite her marrying a
actually share some common ground. These constitutional provisions both embody phrases in Dutch national and emigrating to Holland with the children. The CA ruled in favor of Gonzales
the negative and thus, are deemed prohibitory in mandate and character. In particular, Section because it saw that the rotation of custody would not be conducive to the welfare of the
21 opens with the clause “No treaty x x x,” and Section 25 contains the phrase “shall not be children.
allowed.” Additionally, in both instances, the concurrence of the Senate is indispensable to
render the treaty or international agreement valid and effective.”
“The fundamental law is crystalline that the concurrence of the Senate is mandatory to comply
with the strict constitutional requirements” regardless of what provision is deemed applicable. Issues/ Held/Ratio:
WON visitations right should be granted.
The only thing to consider now is whether all the requirements of Article XVIII Sec. 25 have
been complied with: Yes. The Constitution doesn’t specifically mandate the “natural and primary rights of parents”
(a) it must be under a treaty; (b) the treaty must be duly concurred in by the Senate and, when to those who have legitimate relationships with their children. And such visitations, contrary to
so required by congress, ratified by a majority of the votes cast by the people in a national the CA’s ruling, would not affect the children to such an extent that it would be detrimental to
referendum; and (c) recognized as a treaty by the other contracting state. their upbringing.
Petitioners say that there must be concurrence by the US Senate as well as illuminated by (c).
Respondents claim that the only thing necessary is US recognition of the treaty which was Hernandez v. Court of Appeals
given when the US Ambassador stated the VFA was binding.
Facts:
The Court says : “To require the other contracting state, the United States of America in this Married for 11 years, wife, former teacher of the husband in college, files petition for
case, to submit the VFA to the United States Senate for concurrence pursuant to its annulment on the ground of psychological incapacity for failure to support the family and
Constitution, is to accord strict meaning to the phrase.” contribute to the management of the household. She alleges that he spent most of his time
drinking with his friends and that because of his extramarital relations, he infected her with an
“Well-entrenched is the principle that the words used in the Constitution are to be given their STD – testament to which was confinement of both parties in a hospital for treatment. RTC
ordinary meaning except where technical terms are employed, in which case the significance dismissed the petition saying: “The Court can underscore the fact that the circumstances
thus attached to them prevails. Its language should be understood in the sense they have in mentioned by the petitioner in support of her claim that respondent was "psychologically
common use.” incapacitated" to marry her are among the grounds cited by the law as valid reasons for the
grant of legal separation (Article 55 of the Family Code) - not as grounds for a declaration of
nullity of marriages or annulment thereof.” CA affirmed the decision of the RTC citing Santos v.
Silva v. CA CA: “It is clear in the above law and jurisprudence that the psychological incapacity of a
spouse, as a ground for declaration of nullity of marriage, must exist at the time of the
Facts: celebration of marriage. More so, chronic sexual infidelity, abandonment, gambling and use of
prohibited drugs are not grounds per se, of psychological incapacity of a spouse.”
June 13, 1997, Mendoza, J.
Issues/ Held/Ratio:
WON the instant case with the circumstances presented can serve as a ground for Facts:
psychological incapacity. CMTC’s timber concession was approved by Marcos after it was previously cancelled;
however, said concession, operating on TLA no. 106, was under another concession (TLA no.
No. In the instant case, other than her self-serving declarations, petitioner failed to establish 360) operated by FLDC – after issuance by Ministry of National Resources. TLA no. 360 was
the fact that at the time they were married, private respondent was suffering from a given primacy over the TLA no. 106 allegedly because of Marcos’ sister who was behind
psychological defect which in fact deprived him of the ability to assume the essential duties of FLDC. Two years later, however, on June 1986, Ministry head suspended TLA no. 360 and
marriage and its concomitant responsibilities. As the Court of Appeals pointed out, no cancelled the license of FLDC (because in spite of previous suspension order, logging still
evidence was presented to show that private respondent was not cognizant of the basic continued). CMTC, learning of the cancellation, sought to revalidate TLA no. 106 by writing a
marital obligations. letter to the said government agency.
DENR declared TLA no. 106 as no longer having force and effect, the petition being barred
PT&T v. NLRC because of latches: CMTC did not immediately file an opposition when FLDC was awarded
the said concession and because it had waited for two years before filing such a petition. In an
Facts: appeal to the Office of the President and after its second motion for reconsideration, CMTC
A woman’s (Grace de Guzman) employment was terminated by PT&T because of alleged claims that it had written a letter dated on the day to oppose FLDC’s grant of TLA. The Office
concealment of civil status and defalcation of company funds. De Guzman argues that the real of the President, however, again denied the petition on the basis of a “new policy of
reason she was fired was because she contracted the married during employment which is consideration on forest conservation and protection.”
against company policy. She admits, however, that when she applied to work she indicated
she was single when, in fact, she was already married. She was reminded by correspondence CMTC appeals to the SC saying that there were no latches and that the new public
of the company’s policy of not accepting married women as employees. She subscribed to the consideration averred to by the Office of the President denied the CMTC due process. There
defense that she wasn’t aware of such a policy and thus, had no intent to hide the fact that being no total log ban in the country (Congress still needing to make an announcement
she was already married. The labor arbiter decided that she was discriminated against regarding the issue), any notice to this effect “must be stated in good form, not implied”; and
because of having contracted marriage while employed with the company. PT&T appealed to that in any case, any new policy consideration should be prospective in application and cannot
the NLRC but the latter upheld the decision of the labor arbiter modifying the decision by affect petitioner’s vested rights in its TLA no. 106.
saying the woman’s dishonest nature warrants a 3-month suspension from work.
Main Issue/ Held/Ratio:
Issues/ Held/Ratio: WON the new policy of forest conservation and protection could affect the previous TLAs
WON PT&T’s policy of not accepting or considering as disqualified from work any woman mentioned.
worker who contracts a marriage, is discriminatory and thus contrary to the Constitution?
Yes. Although PT&T asserts that it dismissed Grace because of her dishonesty; records, not As evidenced by reports, it would seem that CMTC was one of those whose TLAs were
to mention the letter reminding her of her company’s policy, say otherwise; proving that she terminated in 1983, a year before its concession was awarded to FLDC. Since petitioner failed
was terminated because of her civil status. Furthermore, it was the policy itself which was the to protest the grant of concession within a “reasonable time”, action is barred by latches.
cause of Grace’s secretive conduct (he who is the cause of the cause is the cause of the evil
caused.) PT&T’s allegations of misappropriation is insincere and self-serving. “because executive evaluation of timber licenses and their consequent cancellation in the
process of formulating policies with regard to the utilization of timber lands is a prerogative of
the executive department and in the absence of evidence showing grave abuse of discretion
CMTC v. Alcala, Sec. DENR courts will not interfere with the exercise of that discretion.”
They further contend that the Presidential Decrees are no longer operative since they became
Public respondents herein, upon whose shoulders rests the task of implementing the policy to functus oficio after President Marcos was ousted. With a new congress replacing the one
develop and conserve the country's natural resources, have indicated an ongoing department man-legislature, new legislation regarding appropriation should be passed. Current
evaluation of all timber license agreements entered into, and permits or licenses issued, under appropriation, operating on no laws therefore, would be unenforceable.
the previous dispensation. . . .
Moreover, they content that assuming arguendo that the said decrees did not expire with the
The ongoing administrative reassessment is apparently in response to the renewed and ouster of Marcos, after adoption of the 1987 Constitution, said decrees were inconsistent with
growing global concern over the despoliation of forest lands and the utter disregard of their Sec. 24, Article VI of the Constitution which stated that:
crucial role in sustaining a balanced ecological system. The legitimacy of such concern can
hardly be disputed, most especially in this country. . . . Sec. 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt,
bills of local application, and private bills shall originate exclusively in the House of
Thus, while the administration grapples with the complex and multifarious problems caused by Representatives, but the Senate may propose or concur with amendments.
unbridled exploitation of these resources, the judiciary will stand clear. . . . More so where, as whereby bills have to be approved by the President, 10 then a law must be passed by
in the present case, the interests of a private logging company are pitted against that of the Congress to authorize said automatic appropriation. Further, petitioners state said decrees
public at large on the pressing public policy issue of forest conservation. . . . Timber licenses, violate Section 29(1) of Article VI of the Constitution which provides as follows
permits and license agreements are the principal instruments by which the State regulates the
utilization and disposition of forest resources to the end that public welfare is promoted. And it Sec. 29(1). No money shall be paid out of the Treasury except in pursuance of an
can hardly be gainsaid that they merely evidence a privilege granted by the State to qualified appropriation made by law.
entities, and do not vest in the latter a permanent or irrevocable right to the particular They assert that there must be definiteness, certainty and exactness in an appropriation, 11
concession area and the forest products therein. They may be validly amended, modified, otherwise it is an undue delegation of legislative power to the President who determines in
replaced or rescinded by the Chief Executive when national interests so require. Thus, they advance the amount appropriated for the debt service.
are not deemed contracts within the purview of the due process of law clause.
SolGen argues, on the other hand, that automatic appropriation provides flexibility: ". . . First,
for example, it enables the Government to take advantage of a favorable turn of market
Guingona v. Carague conditions by redeeming high interest securities and borrowing at lower rates, or to shift from
April 22, 1991, Gancayco, J. short-term to long-term instruments, or to enter into arrangements that could lighten our
outstanding debt burden debt-to-equity, debt-to-asset, debt-to-debt or other such schemes.
Facts: Second, the automatic appropriation obviates the serious difficulties in debt servicing arising
The 1990 budget consisted of P98.4B in automatic appropriation (86.8 going to debt service) from any deviation from what has been previously programmed. The annual debt service
and P155.3 from the General Appropriations Act or a total of P233.5B; only P27B was allotted estimates, which are usually made one year in advance, are based on a mathematical set or
for DECS. Petitioners, as members of the Senate, question the constitutionality of the matrix or, in layman's parlance, `basket' of foreign exchange and interest rate assumption's
automatic appropriation for debt service in the said budget as provided for by Presidential which may significantly differ from actual rates not even in proportion to changes on the basis
Decrees 81, 117, and 1967. of the assumptions. Absent an automatic appropriation clause, the Philippine Government has
to await and depend upon Congressional action, which by the time this comes, may no longer
Petitioners allege that the allotted budget runs contrary to Sec. 5(5), Art. XIV of the be responsive to the intended conditions which in the meantime may have already drastically
Constitution. And as provided by Art. 7 of the Civil Code, when statutes run contrary to the changed. In the meantime, also, delayed payments and arrearages may have supervened,
Constitution, it shall be void. only to worsen our debt service-to-total expenditure ratio in the budget due to penalties and/or
demand for immediate-payment even before due dates.
Clearly, the claim that payment of the loans and indebtedness is conditioned upon the (3) WON there was undue delegation of legislative power by automatic appropriation.
continuance of the person of President Marcos and his legislative power goes against the
intent and purpose of the law. The purpose is foreseen to subsist with or without the person of No. The legislative intention in R.A. No. 4860, as amended, Section 31 of P.D. No. 1177 and
Marcos." P.D. No. 1967 is that the amount needed should be automatically set aside in order to enable
the Republic of the Philippines to pay the principal, interest, taxes and other normal banking
Issues/ Held/Ratio: charges on the loans, credits or indebtedness incurred as guaranteed by it when they shall
(1) WON appropriation of P86.8B for debt service as compared to its appropriation of P27.7B become due without the need to enact a separate law appropriating funds therefore as the
for education in violation of Sec. 5(5), Article XIV of the Constitution. need arises. The purpose of these laws is to enable the government to make prompt payment
and/or advances for all loans to protect and maintain the credit standing of the country.
The State shall assign the highest budgetary priority to education and ensure that teaching will
attract and retain its rightful share of the best available talents through adequate remuneration Although the subject presidential decrees do not state specific amounts to be paid,
and other means of job satisfaction and fulfillment. necessitated by the very nature of the problem being, addressed, the amounts nevertheless
are made certain by the legislative parameters provided in the decrees. The Executive is not
The Court disagrees that Congress’ hands are hamstrung by the provision provided. There of unlimited discretion as to the amounts to be disbursed for debt servicing. The mandate is to
are other imperatives of national interest that it must attend to; the amount allotted to pay only the principal, interest, taxes and other normal banking charges on the loans, credits
education, 27.8B, is the highest in all department budgets thereby complying with the or indebtedness, or on the bonds, debentures or security or other evidences of indebtedness
mandate of having the highest priority as stated above. The enormous national debt, incurred sold in international markets incurred by virtue of the law, as and when they shall become due.
by the previous administration, however, still needs to be paid. Not only for the sake of honor No uncertainty arises in executive implementation as the limit will be the exact amounts as
but because the national economy is itself at stake. Thus, if Congress allotted more for debt shown by the books of the Treasury.
service such an appropriation cannot be considered by this Court as unconstitutional.
Cruz, Dissenting:
(2) WON the Presidential Decrees are still operative, and if they are, do they violate Sec. 29 He sees that an essential requirement for valid appropriation is that the sum authorized for
(1), Article VI of the Constitutional. release should be determinate or determinable. The Presidential Decrees do not satisfy this
requirement. As to the ponencia’s reference to “legislative parameters provided by law”, Cruz
Yes, they are still operative. The transitory provision provided in Sec. 3, Article XVIII of the says no such regulatory boundaries exist.
Constitution recognizes that:
Padilla, Dissenting:
All existing laws, decrees, executive orders, proclamations, letters of instructions and other He agrees with Cruz but furthers the argument by saying that Sec. 29(1)Article VI implies that
executive issuances not inconsistent with the Constitution shall remain operative until a law enacted by Congress (and approved by the President) appropriating a particular sum or
amended, repealed or revoked. sums must be made before payment from the Treasury can be made. Laws should be
construed in light of current laws and not those made by a one-man legislative branch.
This transitory provision of the Constitution has precisely been adopted by its framers to
preserve the social order so that legislation by the then President Marcos may be recognized. Besides, these decrees issued by President Marcos relative to debt service were tailored for
Such laws are to remain in force and effect unless they are inconsistent with the Constitution the periods covered by said decrees. Today it is Congress that should determine and approve
or are otherwise amended, repealed or revoked. the proper appropriations for debt servicing, as this is a matter of policy that, in my opinion,
pertains to the legislative department, as the policy-determining body of the Government.
Well-known is the rule that repeal or amendment by implication is frowned upon. Equally
fundamental is the principle that construction of the Constitution and law is generally applied Paras, Dissenting: Any law that undermines our economy and therefore our security is per se
prospectively and not retrospectively unless it is so clearly stated. unconstitutional.
In seeking to nullify an act of the Philippine Senate on the ground that it contravenes the
Constitution, the petition no doubt raises a justiciable controversy. Where an action of the
Tanada v. Angara legislative branch is seriously alleged to have infringed the Constitution, it becomes not only
May 2, 1997, Panganiban, J. the right but in fact the duty of the judiciary to settle the dispute. "The question thus posed is
judicial rather than political. The duty (to adjudicate) remains to assure that the supremacy of
Facts: the Constitution is upheld."
The Philippines, by ratification of the President and concurrence of the Senate became a
member of the WTO. Petitioners argue that the letter, spirit and intent of the Constitution (2) WON the WTO agreement and its three annexes contravene the respective provisions in
mandating “economic nationalism” are violated by the “parity provisions” and “national the Constitution.
treatment” clauses scattered in the agreement, annexes and other parts of the treaty. These
allegedly place foreign nationals on equal footing as Filipinos in contravention of the Declaration of Principles Not Self-Executing
Constitution’s Filipino-first policy. Main provisions which are supposedly violated by the WTO By its very title, Article II of the Constitution is a "declaration of principles and state policies."
agreement are the following: The counterpart of this article in the 1935 Constitution 21 is called the "basic political creed of
the nation" by Dean Vicente Sinco. These principles in Article II are not intended to be self-
(1) Art II, Sec. 19 – Self-reliant, independent economy. executing principles ready for enforcement through the courts. They are used by the judiciary
as aids or as guides in the exercise of its power of judicial review, and by the legislature in its
(2) Art. XII Sec. 10 – Capital owned by Filipinos; grants, privileges, concessions for national enactment of laws. As held in the leading case of Kilosbayan, Incorporated vs. Morato , the
economy gives preference to qualified Filipinos. principles and state policies enumerated in Article II and some sections of Article XII are not
"self-executing provisions, the disregard of which can give rise to a cause of action in the
(3) Art. XII Sec. 12 – Preferential use of Filipino labor, material and goods. courts. They do not embody judicially enforceable constitutional rights but guidelines for
legislation."
These provisions are allegedly desecrated in the areas of investment measures, trade
selected aspects of IPR, and in the General Agreement on Trade in Services. Economic Nationalism Should Be Read with Other Constitutional Mandates to attain Balanced
Development of
The SolGen, on the other hand, argues (a) that the charter provisions are not self-executing Economy
and are mere general policies; (b) that the provisions shouldn’t be read in isolation but in
conjunction with Art. XII Sec. 1 and 13, which when read properly as a whole, ensures that the As pointed out by the Solicitor General, Sec. 1 lays down the basic goals of national economic
WTO agreement doesn’t violate the Constitution; and (c) that WTO contains sufficient development, as follows: (1) A more equitable distribution of opportunities, income and
provisions to protect developing countries like the Philippines from the harshness of trade wealth; (2) A sustained increase in the amount of goods and services provided by the nation
liberalization. for the benefit of the people; and (3) An expanding productivity as the key to raising the quality
of life for all especially the underprivileged.
By praying for the nullification of the Philippine ratification of the WTO Agreement, petitioners
are invoking this Court's constitutionally imposed duty "to determine whether or not there has With these goals in context, the Constitution then ordains the ideals of economic nationalism
been grave abuse of discretion amounting to lack or excess of jurisdiction" on the part of the (1) by expressing preference in favor of qualified Filipinos "in the grant of rights, privileges and
Senate in giving its concurrence therein via Senate Resolution No. 97. concessions covering the national economy and patrimony" and in the use of "Filipino labor,
domestic materials and locally-produced goods"; (2) by mandating the State to "adopt
Issues/ Held/Ratio: measures that help make them competitive; and (3) by requiring the State to "develop a self-
(1) WON the petition presents a jusiticiable controversy? reliant and independent national economy effectively controlled by Filipinos." In similar
language, the Constitution takes into account the realities of the outside world as it requires
the pursuit of "a trade policy that serves the general welfare and utilizes all forms and outside the Organization. This is not merely a matter of practical alliances but a negotiating
arrangements of exchange on the basis of equality and reciprocity"; and speaks of industries strategy rooted in law. Thus, the basic principles underlying the WTO Agreement recognize
"which are competitive in both domestic and foreign markets" as well as of the protection of the need of developing countries like the Philippines to "share in the growth in international
"Filipino enterprises against unfair foreign competition and trade practices." trade commensurate with the needs of their economic development."
It is true that in the recent case of Manila Prince Hotel vs. Government Service Insurance Constitution Does Not Rule Out Foreign Competition
System, et al., this Court held that "Sec. 10, second par., Art. XII of the 1987 Constitution is a Furthermore, the constitutional policy of a "self-reliant and independent national economy"
mandatory, positive command which is complete in itself and which needs no further does not necessarily rule out the entry of foreign investments, goods and services. It
guidelines or implementing laws or rules for its enforcement. From its very words the provision contemplates neither "economic seclusion" nor "mendicancy in the international community."
does not require any legislation to put it in operation. It is per se judicially enforceable." As explained by Constitutional Commissioner Bernardo Villegas, sponsor of this constitutional
However, as the constitutional provision itself states, it is enforceable only in regard to "the policy:
grants of rights, privileges and concessions covering national economy and patrimony" and
not to every aspect of trade and commerce. It refers to exceptions rather than the rule. The "Economic self reliance is a primary objective of a developing country that is keenly aware of
issue here is not whether this paragraph of Sec. 10 of Art. XII is self-executing or not. Rather, overdependence on external assistance for even its most basic needs. It does not mean
the issue is whether, as a rule, there are enough balancing provisions in the Constitution to autarky or economic seclusion; rather, it means avoiding mendicancy in the international
allow the Senate to ratify the Philippine concurrence in the WTO Agreement. And we hold that community. Independence refers to the freedom from undue foreign control of the national
there are. economy, especially in such strategic industries as in the development of natural resources
and public utilities."
All told, while the Constitution indeed mandates a bias in favor of Filipino goods, services,
labor and enterprises, at the same time, it recognizes the need for business exchange with the The WTO reliance on "most favored nation," "national treatment," and "trade without
rest of the world on the bases of equality and reciprocity and limits protection of Filipino discrimination" cannot be struck down as unconstitutional as in fact they are rules of equality
enterprises only against foreign competition and trade practices that are unfair. In other and reciprocity that apply to all WTO members. Aside from envisioning a trade policy based
words, the Constitution did not intend to pursue an isolationist policy. It did not shut out foreign on "equality and reciprocity," the fundamental law encourages industries that are "competitive
investments, goods and services in the development of the Philippine economy. While the in both domestic and foreign markets," thereby demonstrating a clear policy against a
Constitution does not encourage the unlimited entry of foreign goods, services and sheltered domestic trade environment, but one in favor of the gradual development of robust
investments into the country, it does not prohibit them. industries that can compete with the best in the foreign markets. Indeed, Filipino managers
and Filipino enterprises have shown capability and tenacity to compete internationally. And
WTO Recognizes Need to Protect Weak Economies given a free trade environment, Filipino entrepreneurs and managers in Hongkong have
demonstrated the Filipino capacity to grow and to prosper against the best offered under a
Upon the other hand, respondents maintain that the WTO itself has some built-in advantages policy of laissez faire.
to protect weak and developing economies, which comprise the vast majority of its members.
Unlike in the UN where major states have permanent seats and veto powers in the Security Constitution Favors Consumers, Not Industries or Enterprises
Council, in the WTO, decisions are made on the basis of sovereign equality, with each
member's vote equal in weight to that of any other. There is no WTO equivalent of the UN The Constitution has not really shown any unbalanced bias in favor of any business or
Security Council. enterprise, nor does it contain any specific pronouncement that Filipino companies should be
pampered with a total proscription of foreign competition.
Hence, poor countries can protect their common interests more effectively through the WTO
than through one-on-one negotiations with developed countries. Within the WTO, developing
countries can form powerful blocs to push their economic agenda more decisively than Oposa v. Factoran
the created world in its entirety. Such rhythm and harmony indispensably include, inter alia,
Facts: the judicious disposition, utilization, management, renewal and conservation of the country's
Petitioners, minors represented by their parents, filed a complaint in the RTC; it was a forest, mineral, land, waters, fisheries, wildlife, off-shore areas and other natural resources to
taxpayer’s class suit representing themselves, the countless multitudes, and future the end that their exploration, development and utilization be equitably accessible to the
generations of those who are entitled to the benefits of the country’s virgin tropical forests. present as well as future generations. Needless to say, every generation has a responsibility
to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and
The plaintiff’s complaint was specified as follows: that a balanced and healthful ecology in the healthful ecology. Put a little differently, the minors' assertion of their right to a sound
Philippines is evidenced by 54% forest cover and 46% everything else. environment constitutes, at the same time, the performance of their obligation to ensure the
protection of that right for the generations to come.
Twenty five years ago, tropical virgin forests amounted to 53% of our land area but in 1987,
satellite images showed that only four percent of the land was covered by forests. Recent (2) Is there a specific right violated that would serve a the petitioner’s cause of action?
surveys, in the meantime, show that only 2.8% of the country’s land area is composed of
tropical virgin rainforests. Yes. Sec. 16, Article II of the Constitution provides the right. A cause of action is therefore
present but as far as cancellation of TLA’s is concerned, there is a need to implead the
Public records reveal that at the present rate of deforestation, the Philippine Islands will be guarantees of the same for they are indispensable parties.
bereft of national resources after the end of the decade, if not earlier. Plaintiffs assert their
constitutional right to a balanced and healthful ecology and claim that they are entitled to (3) Are the TLAs contracts? Are they protected by the non-impairment clause?
protection of this right by the State in its capacity as parens patriae.
No. Even if a law is passed mandating cancellation/modification of the TLAs, the same cannot
The complaint was filed against Factoran, then head of the DENR; it would order the DENR to be stigmatized as a violation of non-impairment clause because it is within the State’s
cancel all existing timber licensing agreements (TLAs) in the country, and cease and desist exercise of police power to protect its ecology.
from accepting, processing, renewing, and approving TLAs. The trial court dismissed the
complaint and the judge stated that the relief sought for (cancellation of TLAs) cannot be done Feliciano, Concurring:
because it would not allow due process. The amended petition to the SC repeated its earlier Although the petitioners are in fact entitled to a balanced and healthful ecology as stressed by
right to a sound environment, and added that (a) TLAs were not contracts and even if they the Constitutional right, one cannot classify such a right as “specific” without doing excessive
were considered protected by the non-impairment clause, the State may still revoke such violence to the language. The implications of making the Sections in Article II self-executory
agreements when public interest demands it; and (b) in granting more TLAs to cover more are not the subject of this case. Petitioners should seek a specific legal right. It is his
areas of land than what is available is an act constituting grave abuse of discretion, and is understanding that the Court’s decision implies that within the collection of statutes, there is a
therefore subject to judicial scrutiny. specific right which the petitioners can use.
Issues/ Held/Ratio:
(1) WON petitioners have standing.
The petitioners, minors assert that they represent their generation as well as generations yet
unborn. We find no difficulty in ruling that they can, for themselves, for others of their
generation and for the succeeding generations, file a class suit. Their personality to sue in
behalf of the succeeding generations can only be based on the concept of intergenerational Chavez v. Phil. Estates Authority 18
responsibility insofar as the right to a balanced and healthful ecology is concerned. Such a
right, as hereinafter expounded, considers the "rhythm and harmony of nature." Nature means 18
As you’ll gather from the last few deplorable digests (and this last one) … I’ve run out of juice.
Feel free to fix/update/mock them at your convenience. – Mars.
Respondents – Yes; satisfied petitioner’s prayer for disclosure of renegotiations; moot,
Facts: because already signed.
PEA, as authorized by its charter created by Marcos, was mandated to reclaim land, develop,
improve, etc… sell, and lease these reclaimed lands. During the time of Cory, more land was Petitioners - counters that PEA and AMARI cannot avoid the constitutional issue by simply
transferred to PEA under its name. Transfer Certificate of Titles of the then reclaimed fast-tracking the signing and approval of the Amended JVA before the Court could act on the
Freedom Islands were given to PEA during this time. During Ramos’ tenure as President, issue. Presidential approval does not resolve the constitutional issue or remove it from the
PEA, entered into a joint venture agreement (JVA) with AMARI, a private corporation without ambit of judicial review.
public bidding. The JVA intended to develop the reclaimed Freedom Islands and reclaim an
additional 250 hectares surrounding said islands. In 1996, Senate President Maceda, in a Court - PEA and AMARI have still to implement the Amended JVA. The prayer to enjoin the
privileged speech, called the JVA “the grandmother of all scams.” An investigation ensued with signing of the Amended JVA on constitutional grounds necessarily includes preventing its
the report concluding the following: implementation if in the meantime PEA and AMARI have signed one in violation of the
Constitution. Petitioner’s principal basis in assailing the renegotiation of the JVA is its violation
(1) The lands being sold to AMARI were lands of the public domain which the government has of Section 3, Article XII of the Constitution, which prohibits the government from alienating
not yet classified as alienable, and therefore the PEA has no authority to sell yet. lands of the public domain to private corporations. If the Amended JVA indeed violates the
Constitution, it is the duty of the Court to enjoin its implementation, and if already
(2) Transfer Certificate of Titles of the Freedom Islands are then void; and the implemented, to annul the effects of such unconstitutional contract.
(3) JVA entered into is illegal. Also, the instant petition is a case of first impression. All previous decisions of the Court
In 1997, a Legal Task Force was formed by the President to study the JVA; but contrary to the involving Section 3, Article XII of the 1987 Constitution, or its counterpart provision in the 1973
Senate investigation that decried the JVA, the task force upheld its legality. This prompted Constitution, covered agricultural lands sold to private corporations which acquired the lands
Chavez, in 1998, to file suit as a taxpayer, contending the following: from private parties. The transferors of the private corporations claimed or could claim the
right to judicial confirmation of their imperfect titles under Title II of Commonwealth Act. 141
Petitioner contends the government stands to lose billions of pesos in the sale by PEA of the (“CA No. 141” for brevity). In the instant case, AMARI seeks to acquire from PEA, a public
reclaimed lands to AMARI. Petitioner prays that PEA publicly disclose the terms of any corporation, reclaimed lands and submerged areas for non-agricultural purposes by purchase
renegotiation of the JVA, invoking Section 28, Article II, and Section 7, Article III, of the 1987 under PD No. 1084 (charter of PEA) and Title III of CA No. 141. Certain undertakings by
Constitution on the right of the people to information on matters of public concern. Petitioner AMARI under the Amended JVA constitute the consideration for the purchase. Neither
assails the sale to AMARI of lands of the public domain as a blatant violation of Section 3, AMARI nor PEA can claim judicial confirmation of their titles because the lands covered by the
Article XII of the 1987 Constitution prohibiting the sale of alienable lands of the public domain Amended JVA are newly reclaimed or still to be reclaimed. Judicial confirmation of imperfect
to private corporations. Finally, petitioner asserts that he seeks to enjoin the loss of billions of title requires open, continuous, exclusive and notorious occupation of agricultural lands of the
pesos in properties of the State that are of public dominion. public domain for at least thirty years since June 12, 1945 or earlier. Besides, the deadline for
filing applications for judicial confirmation of imperfect title expired on December 31, 1987.
The Amended JVA, however, pushed through after being signed by PEA and AMARI, with the
approval of then President Estrada. After such a maneuver, Chavez prayed that the Lastly, there is a need to resolve immediately the constitutional issue raised in this petition
renegotiated contract be declared null and void based on constitutional and statutory grounds. because of the possible transfer at any time by PEA to AMARI of title and ownership to
portions of the reclaimed lands. Under the Amended JVA, PEA is obligated to transfer to
Issues/ Held/Ratio: AMARI the latter’s seventy percent proportionate share in the reclaimed areas as the
(1) WON the case is academic and moot after subsequent events. reclamation progresses. The Amended JVA even allows AMARI to mortgage at any time the
entire reclaimed area to raise financing for the reclamation project.
(2) WON the petition should be dismissed because judicial hierarchy wasn’t respected. PEA argues that petitioner has no standing to institute mandamus proceedings to enforce his
constitutional right to information without a showing that PEA refused to perform an affirmative
PEA and AMARI claim petitioner ignored the judicial hierarchy by seeking relief directly from duty imposed on PEA by the Constitution. PEA also claims that petitioner has not shown that
the Court. The principle of hierarchy of courts applies generally to cases involving factual he will suffer any concrete injury because of the signing or implementation of the Amended
questions. As it is not a trier of facts, the Court cannot entertain cases involving factual JVA. Thus, there is no actual controversy requiring the exercise of the power of judicial
issues. The instant case, however, raises constitutional issues of transcendental importance review.
to the public. The Court can resolve this case without determining any factual issue related to
the case. Also, the instant case is a petition for mandamus which falls under the original The petitioner has standing to bring this taxpayer’s suit because the petition seeks to compel
jurisdiction of the Court under Section 5, Article VIII of the Constitution. We resolve to PEA to comply with its constitutional duties. There are two constitutional issues involved here.
exercise primary jurisdiction over the instant case. First is the right of citizens to information on matters of public concern. Second is the
application of a constitutional provision intended to insure the equitable distribution of
(3) WON the petition should be dismissed because of non-exhaustion of administrative alienable lands of the public domain among Filipino citizens. The thrust of the first issue is to
remedies. compel PEA to disclose publicly information on the sale of government lands worth billions of
pesos, information which the Constitution and statutory law mandate PEA to disclose. The
Respondent – they didn’t ask us for the information before proceeding to Court to issue a thrust of the second issue is to prevent PEA from alienating hundreds of hectares of alienable
mandamus; this is in violation of the rule of mandamus. Tanada v. Tuvera is different from the lands of the public domain in violation of the Constitution, compelling PEA to comply with a
current situation because there, the ExecDept had an affirmative statutory duty to publish the constitutional duty to the nation.
President Decrees and thus, the mandamus was warranted. In the instant case, PEA has no
affirmative duty to disclose such information. Moreover, the petition raises matters of transcendental importance to the public. In Chavez v.
PCGG,[28] the Court upheld the right of a citizen to bring a taxpayer’s suit on matters of
Court - The original JVA sought to dispose to AMARI public lands held by PEA, a government transcendental importance to the public, thus -
corporation. Under Section 79 of the Government Auditing Code, the disposition of
government lands to private parties requires public bidding. PEA was under a positive legal “Besides, petitioner emphasizes, the matter of recovering the ill-gotten wealth of the Marcoses
duty to disclose to the public the terms and conditions for the sale of its lands. The law is an issue of ‘transcendental importance to the public.’ He asserts that ordinary taxpayers
obligated PEA to make this public disclosure even without demand from petitioner or from have a right to initiate and prosecute actions questioning the validity of acts or orders of
anyone. PEA failed to make this public disclosure because the original JVA, like the Amended government agencies or instrumentalities, if the issues raised are of ‘paramount public
JVA, was the result of a negotiated contract, not of a public bidding. Considering that PEA interest,’ and if they ‘immediately affect the social, economic and moral well being of the
had an affirmative statutory duty to make the public disclosure, and was even in breach of this people.’
legal duty, petitioner had the right to seek direct judicial intervention.
Moreover, the mere fact that he is a citizen satisfies the requirement of personal interest,
Moreover, and this alone is determinative of this issue, the principle of exhaustion of when the proceeding involves the assertion of a public right, such as in this case. He invokes
administrative remedies does not apply when the issue involved is a purely legal or several decisions of this Court which have set aside the procedural matter of locus standi,
constitutional question. The principal issue in the instant case is the capacity of AMARI to when the subject of the case involved public interest.
acquire lands held by PEA in view of the constitutional ban prohibiting the alienation of lands
of the public domain to private corporations. We rule that the principle of exhaustion of Further, in Albano v. Reyes, we said that while expenditure of public funds may not have been
administrative remedies does not apply in the instant case. involved under the questioned contract for the development, management and operation of
the Manila International Container Terminal, ‘public interest [was] definitely involved
(4) Do petitioners have standing? considering the important role [of the subject contract] . . . in the economic development of the
country and the magnitude of the financial consideration involved.’ We concluded that, as a
consequence, the disclosure provision in the Constitution would constitute sufficient authority essential to the existence and proper functioning of any democracy. As explained by the
for upholding the petitioner's standing. Court in Valmonte v. Belmonte, Jr.
Similarly, the instant petition is anchored on the right of the people to information and access “An essential element of these freedoms is to keep open a continuing dialogue or process of
to official records, documents and papers — a right guaranteed under Section 7, Article III of communication between the government and the people. It is in the interest of the State that
the 1987 Constitution. Petitioner, a former solicitor general, is a Filipino citizen. Because of the the channels for free political discussion be maintained to the end that the government may
satisfaction of the two basic requisites laid down by decisional law to sustain petitioner's legal perceive and be responsive to the people’s will. Yet, this open dialogue can be effective only
standing, i.e. (1) the enforcement of a public right (2) espoused by a Filipino citizen, we rule to the extent that the citizenry is informed and thus able to formulate its will intelligently. Only
that the petition at bar should be allowed.” when the participants in the discussion are aware of the issues and have access to
information relating thereto can such bear fruit.”
(5) Whether the constitutional right to information includes official information on on-going
negotiations before a final agreement. PEA asserts, citing Chavez v. PCGG,[31] that in cases of on-going negotiations the right to
information is limited to “definite propositions of the government.” PEA maintains the right
Section 7, Article III of the Constitution explains the people’s right to information on matters of does not include access to “intra-agency or inter-agency recommendations or
public concern in this manner: communications during the stage when common assertions are still in the process of being
formulated or are in the ‘exploratory stage’.”
Sec. 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents, and papers pertaining to official Also, AMARI contends that petitioner cannot invoke the right at the pre-decisional stage or
acts, transactions, or decisions, as well as to government research data used as basis for before the closing of the transaction.
policy development, shall be afforded the citizen, subject to such limitations as may be
provided by law.” AMARI argues there must first be a consummated contract before petitioner can invoke the
right. Requiring government officials to reveal their deliberations at the pre-decisional stage
The State policy of full transparency in all transactions involving public interest reinforces the will degrade the quality of decision-making in government agencies. Government officials will
people’s right to information on matters of public concern. This State policy is expressed in hesitate to express their real sentiments during deliberations if there is immediate public
Section 28, Article II of the Constitution, thus: dissemination of their discussions, putting them under all kinds of pressure before they
decide.
Sec. 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public interest.” We must first distinguish between information the law on public bidding requires PEA to
disclose publicly, and information the constitutional right to information requires PEA to
These twin provisions of the Constitution seek to promote transparency in policy-making and release to the public. Before the consummation of the contract, PEA must, on its own and
in the operations of the government, as well as provide the people sufficient information to without demand from anyone, disclose to the public matters relating to the disposition of its
exercise effectively other constitutional rights. These twin provisions are essential to the property. These include the size, location, technical description and nature of the property
exercise of freedom of expression. If the government does not disclose its official acts, being disposed of, the terms and conditions of the disposition, the parties qualified to bid, the
transactions and decisions to citizens, whatever citizens say, even if expressed without any minimum price and similar information. PEA must prepare all these data and disclose them
restraint, will be speculative and amount to nothing. These twin provisions are also essential to the public at the start of the disposition process, long before the consummation of the
to hold public officials “at all times x x x accountable to the people,”[29] for unless citizens contract, because the Government Auditing Code requires public bidding. If PEA fails to make
have the proper information, they cannot hold public officials accountable for anything. this disclosure, any citizen can demand from PEA this information at any time during the
Armed with the right information, citizens can participate in public discussions leading to the bidding process.
formulation of government policies and their effective implementation. An informed citizenry is
Information, however, on on-going evaluation or review of bids or proposals being undertaken refers to any document that is part of the public records in the custody of government
by the bidding or review committee is not immediately accessible under the right to agencies or officials. The second category refers to documents and papers recording,
information. While the evaluation or review is still on-going, there are no “official acts, evidencing, establishing, confirming, supporting, justifying or explaining official acts,
transactions, or decisions” on the bids or proposals. However, once the committee makes its transactions or decisions of government agencies or officials. The third category refers to
official recommendation, there arises a “definite proposition” on the part of the government. research data, whether raw, collated or processed, owned by the government and used in
From this moment, the public’s right to information attaches, and any citizen can access all the formulating government policies.
non-proprietary information leading to such definite proposition. In Chavez v. PCGG, the
Court ruled as follows: The information that petitioner may access on the renegotiation of the JVA includes evaluation
reports, recommendations, legal and expert opinions, minutes of meetings, terms of reference
“Considering the intent of the framers of the Constitution, we believe that it is incumbent upon and other documents attached to such reports or minutes, all relating to the JVA. However,
the PCGG and its officers, as well as other government representatives, to disclose sufficient the right to information does not compel PEA to prepare lists, abstracts, summaries and the
public information on any proposed settlement they have decided to take up with the like relating to the renegotiation of the JVA. The right only affords access to records,
ostensible owners and holders of ill-gotten wealth. Such information, though, must pertain to documents and papers, which means the opportunity to inspect and copy them. One who
definite propositions of the government, not necessarily to intra-agency or inter-agency exercises the right must copy the records, documents and papers at his expense. The
recommendations or communications during the stage when common assertions are still in exercise of the right is also subject to reasonable regulations to protect the integrity of the
the process of being formulated or are in the “exploratory” stage. There is need, of course, to public records and to minimize disruption to government operations, like rules specifying when
observe the same restrictions on disclosure of information in general, as discussed earlier – and how to conduct the inspection and copying.
such as on matters involving national security, diplomatic or foreign relations, intelligence and
other classified information.” The right to information, however, does not extend to matters recognized as privileged
information under the separation of powers. The right does not also apply to information on
Contrary to AMARI’s contention, the commissioners of the 1986 Constitutional Commission military and diplomatic secrets, information affecting national security, and information on
understood that the right to information “contemplates inclusion of negotiations leading to the investigations of crimes by law enforcement agencies before the prosecution of the accused,
consummation of the transaction.” Certainly, a consummated contract is not a requirement for which courts have long recognized as confidential. The right may also be subject to other
the exercise of the right to information. Otherwise, the people can never exercise the right if limitations that Congress may impose by law.
no contract is consummated, and if one is consummated, it may be too late for the public to
expose its defects. There is no claim by PEA that the information demanded by petitioner is privileged information
rooted in the separation of powers. The information does not cover Presidential
Requiring a consummated contract will keep the public in the dark until the contract, which conversations, correspondences, or discussions during closed-door Cabinet meetings which,
may be grossly disadvantageous to the government or even illegal, becomes a fait accompli. like internal deliberations of the Supreme Court and other collegiate courts, or executive
This negates the State policy of full transparency on matters of public concern, a situation sessions of either house of Congress, are recognized as confidential. This kind of information
which the framers of the Constitution could not have intended. Such a requirement will cannot be pried open by a co-equal branch of government. A frank exchange of exploratory
prevent the citizenry from participating in the public discussion of any proposed contract, ideas and assessments, free from the glare of publicity and pressure by interested parties, is
effectively truncating a basic right enshrined in the Bill of Rights. We can allow neither an essential to protect the independence of decision-making of those tasked to exercise
emasculation of a constitutional right, nor a retreat by the State of its avowed “policy of full Presidential, Legislative and Judicial power. This is not the situation in the instant case.
disclosure of all its transactions involving public interest.”
We rule, therefore, that the constitutional right to information includes official information on
The right covers three categories of information which are “matters of public concern,” namely: on-going negotiations before a final contract. The information, however, must constitute
(1) official records; (2) documents and papers pertaining to official acts, transactions and definite propositions by the government and should not cover recognized exceptions like
decisions; and (3) government research data used in formulating policies. The first category privileged information, military and diplomatic secrets and similar matters affecting national
security and public order. Congress has also prescribed other limitations on the right to contrary to law,” or whose “object is outside the commerce of men,” are “inexistent and void
information in several legislations. from the beginning.” The Court must perform its duty to defend and uphold the Constitution,
and therefore declares the Amended JVA null and void ab initio.
(6) Whether stipulations in the Amended JVA for the transfer to AMARI of lands, reclaimed or
to be reclaimed, violate the Constitution. Seventh issue: whether the Court is the proper forum to raise the issue of whether the
Amended JVA is grossly disadvantageous to the government.
We can now summarize our conclusions as follows:
Considering that the Amended JVA is null and void ab initio, there is no necessity to rule on
1. The 157.84 hectares of reclaimed lands comprising the Freedom Islands, now covered by this last issue. Besides, the Court is not a trier of facts, and this last issue involves a
certificates of title in the name of PEA, are alienable lands of the public domain. PEA may determination of factual matters.
lease these lands to private corporations but may not sell or transfer ownership of these lands WHEREFORE, the petition is GRANTED. The Public Estates Authority and Amari Coastal
to private corporations. PEA may only sell these lands to Philippine citizens, subject to the Bay Development Corporation are PERMANENTLY ENJOINED from implementing the
ownership limitations in the 1987 Constitution and existing laws. Amended Joint Venture Agreement which is hereby declared NULL and VOID ab initio.
2. The 592.15 hectares of submerged areas of Manila Bay remain inalienable natural 1. Calderon vs. Carale
resources of the public domain until classified as alienable or disposable lands open to G.R. No. 91636 April 23, 1992
disposition and declared no longer needed for public service. The government can make such Controversy is focused anew on Sec. 16, Art. VII of the 1987 Constitution which provides:
classification and declaration only after PEA has reclaimed these submerged areas. Only Sec. 16. The President shall nominate and, with the consent of the Commission on
then can these lands qualify as agricultural lands of the public domain, which are the only Appointments, appoint the heads of the executive departments, ambassadors, other public
natural resources the government can alienate. In their present state, the 592.15 hectares of ministers and consuls, or officers of the armed forces from the rank of colonel or naval
submerged areas are inalienable and outside the commerce of man. captain, and other officers whose appointments are vested in him in this Constitution. He shall
also appoint all other officers of the Government whose appointments are not otherwise
3. Since the Amended JVA seeks to transfer to AMARI, a private corporation, ownership of provided for by law, and those whom he may be authorized by law to appoint. The Congress
77.34 hectares[110] of the Freedom Islands, such transfer is void for being contrary to Section may, by law, vest the appointment of other officers lower in rank in the President alone, in the
3, Article XII of the 1987 Constitution which prohibits private corporations from acquiring any courts, or in the heads of departments, agencies, commissions, or boards.
kind of alienable land of the public domain. The President shall have the power to make appointments during the recess of the Congress,
whether voluntary or compulsory, but such appointments shall be effective only until
4. Since the Amended JVA also seeks to transfer to AMARI ownership of 290.156 disapproval by the Commission on Appointments or until the next adjournment of the
hectares[111] of still submerged areas of Manila Bay, such transfer is void for being contrary to Congress.
Section 2, Article XII of the 1987 Constitution which prohibits the alienation of natural x x x
resources other than agricultural lands of the public domain. PEA may reclaim these From the three (3) cases above-mentioned (Sarmiento III vs. Mison, Mary Concepcion
submerged areas. Thereafter, the government can classify the reclaimed lands as alienable or Bautista v. Salonga and Teresita Quintos Deles, et al. v. The Commission on Constitutional
disposable, and further declare them no longer needed for public service. Still, the transfer of Commissions, et al.,), these doctrines are deducible:
such reclaimed alienable lands of the public domain to AMARI will be void in view of Section 1. Confirmation by the Commission on Appointments is required only for presidential
3, Article XII of the 1987 Constitution which prohibits private corporations from acquiring any appointees mentioned in the first sentence of Section 16, Article VII, including, those officers
kind of alienable land of the public domain. whose appointments are expressly vested by the Constitution itself in the president (like
sectoral representatives to Congress and members of the constitutional commissions of Audit,
Clearly, the Amended JVA violates glaringly Sections 2 and 3, Article XII of the 1987 Civil Service and Election).
Constitution. Under Article 1409[112] of the Civil Code, contracts whose “object or purpose is
2. Confirmation is not required when the President appoints other government officers whose 2) it amends by legislation the second sentence of Sec. 16, Art. VII of the Constitution, by
appointments are not otherwise provided for by law or those officers whom he may be imposing the confirmation of the Commission on Appointments on appointments which are
authorized by law to appoint (like the Chairman and Members of the Commission on Human otherwise entrusted only with the President.
Rights). Also, as observed in Mison, when Congress creates inferior offices but omits to Deciding on what laws to pass is a legislative prerogative. Determining their constitutionality is
provide for appointment thereto, or provides in an unconstitutional manner for such a judicial function. The Court respects the laudable intention of the legislature. Regretfully,
appointments, the officers are considered as among those whose appointments are not however, the constitutional infirmity of Sec. 13 of RA 6715 amending Art. 215 of the Labor
otherwise provided for by law. Code, insofar as it requires confirmation of the Commission on Appointments over
Sometime in March 1989, RA 6715 (Herrera-Veloso Law), amending the Labor Code (PD 442) appointments of the Chairman and Member of the National Labor Relations Commission
was approved. It provides in Section 13 thereof as follows: (NLRC) is, as we see it, beyond redemption if we are to render fealty to the mandate of the
xxx xxx xxx Constitution in Sec. 16, Art. VII thereof.
The Chairman, the Division Presiding Commissioners and other Commissioners shall all be Supreme Court decisions applying or interpreting the Constitution shall form part of the legal
appointed by the President, subject to confirmation by the Commission on Appointments. system of the Philippines. No doctrine or principle of law laid down by the Court in a decision
Appointments to any vacancy shall come from the nominees of the sector which nominated rendered en banc or in division may be modified or reversed except by the Court sitting en
the predecessor. The Executive Labor Arbiters and Labor Arbiters shall also be appointed by banc.
the President, upon recommendation of the Secretary of Labor and Employment, and shall be . . . The interpretation upon a law by this Court constitutes, in a way, a part of the law as of the
subject to the Civil Service Law, rules and regulations. date that law was originally passed, since this Court's construction merely establishes the
Pursuant to said law (RA 6715), President Aquino appointed the Chairman and contemporaneous legislative intent that the law thus construed intends to effectuate. The
Commissioners of the NLRC representing the public, workers and employers sectors. settled rule supported by numerous authorities is a restatement of the legal maxim "legis
This petition for prohibition questions the constitutionality and legality of the permanent interpretado legis vim obtinent" � the interpretation placed upon the written law by a
appointments extended by the President of the Philippines to the respondents Chairman and competent court has the force of law.
Members of the National Labor Relations Commission (NLRC), without submitting the same to ISSUE 2: Can legislation expand a constitutional provision after the Supreme Court has
the Commission on Appointments for confirmation pursuant to Art. 215 of the Labor Code as interpreted it?
amended by said RA 6715. In Endencia and Jugo vs. David, the Court held:
ISSUE 1: Whether or not Congress may, by law, require confirmation by the Commission on We have already said that the Legislature under our form of government is assigned the task
Appointments of appointments extended by the president to government officers additional to and the power to make and enact laws, but not to interpret them. This is more true with regard
those expressly mentioned in the first sentence of Sec. 16, Art. VII of the Constitution whose to the interpretation of the basic law, the Constitution, which is not within the sphere of the
appointments require confirmation by the Commission on Appointments. Legislative department. If the Legislature may declare what a law means, or what a specific
HELD: No. portion of the Constitution means, especially after the courts have in actual case ascertained
Indubitably, the NLRC Chairman and Commissioners fall within the second sentence of its meaning by interpretation and applied it in a decision, this would surely cause confusion
Section 16, Article VII of the Constitution, more specifically under the "third groups" of and instability in judicial processes and court decisions. Under such a system, a final court
appointees referred to in Mison, i.e. those whom the President may be authorized by law to determination of a case based on a judicial interpretation of the law or of the Constitution may
appoint. Undeniably, the Chairman and Members of the NLRC are not among the officers be undermined or even annulled by a subsequent and different interpretation of the law or of
mentioned in the first sentence of Section 16, Article VII whose appointments requires the Constitution by the Legislative department that would be neither wise nor desirable, being
confirmation by the Commission on Appointments. To the extent that RA 6715 requires clearly violative of the fundamental principles of our constitutional system of government,
confirmation by the Commission on Appointments of the appointments of respondents particularly those governing the separation of powers. (Emphasis supplied)
Chairman and Members of the National Labor Relations Commission, it is unconstitutional Congress, of course, must interpret the Constitution, must estimate the scope of its
because: constitutional powers when it sets out to enact legislation and it must take into account the
1) it amends by legislation, the first sentence of Sec. 16, Art. VII of the Constitution by adding relevant constitutional prohibitions.
thereto appointments requiring confirmation by the Commission on Appointments; and . . . The Constitution did not change with public opinion.
It is not only the same words, but the same in meaning . . . and as long as it it speaks not only The essence of amendments “directly proposed by the people through initiative upon a
in the same words, but with the same meaning and intent with which it spoke when it came petition” is that the entire proposal on its face is a petition by the people. This means two
from the hands of its framers, and was voted and adopted by the people . . . essential elements must be present.
The function of the Court in passing upon an act of Congress is to "lay the article of the First, the people must author and thus sign the entire proposal. No agent or representative
Constitution which is invoked beside the statute which is challenged and to decide whether can sign on their behalf.
the latter squares with the former" and to "announce its considered judgment upon the Second, as an initiative upon a petition, the proposal must be embodied in a petition.
question." These essential elements are present only if the full text of the proposed amendments is first
WHEREFORE, the petition is DISMISSED. Art. 215 of the Labor Code as amended by RA shown to the people who express their assent by signing such complete proposal in a petition.
6715 insofar as it requires the confirmation of the Commission on Appointments of The full text of the proposed amendments may be either written on the face of the petition, or
appointments of the Chairman and Members of the National Labor Relations Commission attached to it. If so attached, the petition must state the fact of such attachment. This is an
(NLRC) is hereby declared unconstitutional and of no legal force and effect. assurance that every one of the several millions of signatories to the petition had seen the full
text of the proposed amendments before - not after - signing.
Moreover, “an initiative signer must be informed at the time of signing of the nature and effect
2. Lambino, et al. vs. COMELEC (G.R. No. 174153, 25 October 2006) - Digest of that which is proposed” and failure to do so is “deceptive and misleading” which renders the
On 15 February 2006, the group of Raul Lambino and Erico Aumentado (”Lambino Group”) initiative void.
commenced gathering signatures for an initiative petition to change the 1987 Constitution. On In the case of the Lambino Group’s petition, there’s not a single word, phrase, or sentence of
25 August 2006, the Lambino Group filed a petition with the Commission on Elections text of the proposed changes in the signature sheet. Neither does the signature sheet state
(COMELEC) to hold a plebiscite that will ratify their initiative petition under Section 5(b) and that the text of the proposed changes is attached to it. The signature sheet merely asks a
(c) and Section 7 of Republic Act No. 6735 or the Initiative and Referendum Act. The question whether the people approve a shift from the Bicameral-Presidential to the
proposed changes under the petition will shift the present Bicameral-Presidential system to a Unicameral- Parliamentary system of government. The signature sheet does not show to the
Unicameral-Parliamentary form of government. people the draft of the proposed changes before they are asked to sign the signature sheet.
The Lambino Group claims that: (a) their petition had the support of 6,327,952 individuals This omission is fatal.
constituting at least 12% of all registered voters, with each legislative district represented by at An initiative that gathers signatures from the people without first showing to the people the full
least 3% of its registered voters; and (b) COMELEC election registrars had verified the text of the proposed amendments is most likely a deception, and can operate as a gigantic
signatures of the 6.3 million individuals. fraud on the people. That’s why the Constitution requires that an initiative must be “directly
The COMELEC, however, denied due course to the petition for lack of an enabling law proposed by the people x x x in a petition” - meaning that the people must sign on a petition
governing initiative petitions to amend the Constitution, pursuant to the Supreme Court’s that contains the full text of the proposed amendments. On so vital an issue as amending the
ruling in Santiago vs. Commission on Elections. The Lambino Group elevated the matter to nation’s fundamental law, the writing of the text of the proposed amendments cannot be
the Supreme Court, which also threw out the petition. hidden from the people under a general or special power of attorney to unnamed, faceless,
1. The initiative petition does not comply with Section 2, Article XVII of the Constitution on and unelected individuals.
direct proposal by the people 2. The initiative violates Section 2, Article XVII of the Constitution disallowing revision through
Section 2, Article XVII of the Constitution is the governing provision that allows a people’s initiatives
initiative to propose amendments to the Constitution. While this provision does not expressly Article XVII of the Constitution speaks of three modes of amending the Constitution. The first
state that the petition must set forth the full text of the proposed amendments, the mode is through Congress upon three-fourths vote of all its Members. The second mode is
deliberations of the framers of our Constitution clearly show that: (a) the framers intended to through a constitutional convention. The third mode is through a people’s initiative.
adopt the relevant American jurisprudence on people’s initiative; and (b) in particular, the Section 1 of Article XVII, referring to the first and second modes, applies to “any amendment
people must first see the full text of the proposed amendments before they sign, and that the to, or revision of, this Constitution.” In contrast, Section 2 of Article XVII, referring to the third
people must sign on a petition containing such full text. mode, applies only to “amendments to this Constitution.” This distinction was intentional as
shown by the deliberations of the Constitutional Commission. A people’s initiative to change
the Constitution applies only to an amendment of the Constitution and not to its revision. In other hand, constitutions allow people’s initiatives, which do not have fixed and identifiable
contrast, Congress or a constitutional convention can propose both amendments and deliberative bodies or recorded proceedings, to undertake only amendments and not
revisions to the Constitution. revisions.
Does the Lambino Group’s initiative constitute an amendment or revision of the Constitution? In California where the initiative clause allows amendments but not revisions to the
Yes. By any legal test and under any jurisdiction, a shift from a Bicameral-Presidential to a constitution just like in our Constitution, courts have developed a two-part test: the quantitative
Unicameral-Parliamentary system, involving the abolition of the Office of the President and the test and the qualitative test. The quantitative test asks whether the proposed change is so
abolition of one chamber of Congress, is beyond doubt a revision, not a mere amendment. extensive in its provisions as to change directly the substantial entirety of the constitution by
Courts have long recognized the distinction between an amendment and a revision of a the deletion or alteration of numerous existing provisions. The court examines only the
constitution. Revision broadly implies a change that alters a basic principle in the constitution, number of provisions affected and does not consider the degree of the change.
like altering the principle of separation of powers or the system of checks-and-balances. There The qualitative test inquires into the qualitative effects of the proposed change in the
is also revision if the change alters the substantial entirety of the constitution, as when the constitution. The main inquiry is whether the change will “accomplish such far reaching
change affects substantial provisions of the constitution. On the other hand, amendment changes in the nature of our basic governmental plan as to amount to a revision.†Whether
broadly refers to a change that adds, reduces, or deletes without altering the basic principle there is an alteration in the structure of government is a proper subject of inquiry. Thus, “a
involved. Revision generally affects several provisions of the constitution, while amendment change in the nature of [the] basic governmental plan†includes “change in its
generally affects only the specific provision being amended. fundamental framework or the fundamental powers of its Branches.†A change in the
Where the proposed change applies only to a specific provision of the Constitution without nature of the basic governmental plan also includes changes that “jeopardize the
affecting any other section or article, the change may generally be considered an amendment traditional form of government and the system of check and balances.â€
and not a revision. For example, a change reducing the voting age from 18 years to 15 years Under both the quantitative and qualitative tests, the Lambino Group’s initiative is a
is an amendment and not a revision. Similarly, a change reducing Filipino ownership of mass revision and not merely an amendment. Quantitatively, the Lambino Group’s proposed
media companies from 100% to 60% is an amendment and not a revision. Also, a change changes overhaul two articles - Article VI on the Legislature and Article VII on the Executive -
requiring a college degree as an additional qualification for election to the Presidency is an affecting a total of 105 provisions in the entire Constitution. Qualitatively, the proposed
amendment and not a revision. changes alter substantially the basic plan of government, from presidential to parliamentary,
The changes in these examples do not entail any modification of sections or articles of the and from a bicameral to a unicameral legislature.
Constitution other than the specific provision being amended. These changes do not also A change in the structure of government is a revision of the Constitution, as when the three
affect the structure of government or the system of checks-and-balances among or within the great co-equal branches of government in the present Constitution are reduced into two. This
three branches. alters the separation of powers in the Constitution. A shift from the present Bicameral-
However, there can be no fixed rule on whether a change is an amendment or a revision. A Presidential system to a Unicameral-Parliamentary system is a revision of the Constitution.
change in a single word of one sentence of the Constitution may be a revision and not an Merging the legislative and executive branches is a radical change in the structure of
amendment. For example, the substitution of the word “republican” with “monarchic” or government. The abolition alone of the Office of the President as the locus of Executive Power
“theocratic” in Section 1, Article II of the Constitution radically overhauls the entire structure of alters the separation of powers and thus constitutes a revision of the Constitution. Likewise,
government and the fundamental ideological basis of the Constitution. Thus, each specific the abolition alone of one chamber of Congress alters the system of checks-and-balances
change will have to be examined case-by-case, depending on how it affects other provisions, within the legislature and constitutes a revision of the Constitution.
as well as how it affects the structure of government, the carefully crafted system of checks- The Lambino Group theorizes that the difference between “amendment†and
and-balances, and the underlying ideological basis of the existing Constitution. “revision†is only one of procedure, not of substance. The Lambino Group posits that
Since a revision of a constitution affects basic principles, or several provisions of a when a deliberative body drafts and proposes changes to the Constitution, substantive
constitution, a deliberative body with recorded proceedings is best suited to undertake a changes are called “revisions†because members of the deliberative body work full-
revision. A revision requires harmonizing not only several provisions, but also the altered time on the changes. The same substantive changes, when proposed through an initiative,
principles with those that remain unaltered. Thus, constitutions normally authorize deliberative are called “amendments†because the changes are made by ordinary people who do
bodies like constituent assemblies or constitutional conventions to undertake revisions. On the not make an “occupation, profession, or vocation†out of such endeavor. The SC,
however, ruled that the express intent of the framers and the plain language of the ISSUE: Whether Section 19 of Comelec Resolution No. 2167 is unconstitutional on the ground
Constitution contradict the Lambino Group’s theory. Where the intent of the framers and that it violates the constitutional guarantees of the freedom of expression and of the press.
the language of the Constitution are clear and plainly stated, courts do not deviate from such HELD:
categorical intent and language. It is clear from Art. IX-C of the 1987 Constitution that what was granted to the Comelec was
3. A revisit of Santiago vs. COMELEC is not necessary the power to supervise and regulate the use and enjoyment of franchises, permits or other
The petition failed to comply with the basic requirements of Section 2, Article XVII of the grants issued for the operation of transportation or other public utilities, media of
Constitution on the conduct and scope of a people’s initiative to amend the Constitution. communication or information to the end that equal opportunity, time and space, and the right
There is, therefore, no need to revisit this Court’s ruling in Santiago declaring RA 6735 to reply, including reasonable, equal rates therefor, for public information campaigns and
“incomplete, inadequate or wanting in essential terms and conditions†to cover the forums among candidates are ensured. The evil sought to be prevented by this provision is
system of initiative to amend the Constitution. An affirmation or reversal of Santiago will not the possibility that a franchise holder may favor or give any undue advantage to a candidate in
change the outcome of the present petition. It’s settled that courts will not pass upon the terms of advertising space or radio or television time. This is also the reason why a "columnist,
constitutionality of a statute if the case can be resolved on some other grounds. commentator, announcer or personality, who is a candidate for any elective office is required
Even assuming that RA 6735 is valid, this will not change the result here because the present to take a leave of absence from his work during the campaign period (2nd par. Section 11(b)
petition violates Section 2, Article XVII of the Constitution, which provision must first be R.A. 6646). It cannot be gainsaid that a columnist or commentator who is also a candidate
complied with even before complying with RA 6735. Worse, the petition violates the following would be more exposed to the voters to the prejudice of other candidates unless required to
provisions of RA 6735: take a leave of absence.
a. Section 5(b), requiring that the people must sign the petition as signatories. The 6.3 million However, neither Article IX-C of the Constitution nor Section 11 (b), 2nd par. of R.A. 6646 can
signatories did not sign the petition or the amended petition filed with the COMELEC. Only be construed to mean that the Comelec has also been granted the right to supervise and
Attys. Lambino, Donato and Agra signed the petition and amended petition. regulate the exercise by media practitioners themselves of their right to expression during
b. Section 10(a), providing that no petition embracing more than one subject shall be plebiscite periods. Media practitioners exercising their freedom of expression during plebiscite
submitted to the electorate. The proposed Section 4(4) of the Transitory Provisions, periods are neither the franchise holders nor the candidates. In fact, there are no candidates
mandating the interim Parliament to propose further amendments or revisions to the involved in a plebiscite. Therefore, Section 19 of Comelec Resolution No. 2167 has no
Constitution, is a subject matter totally unrelated to the shift in the form of government. statutory basis.
Source: http://jlp-law.com/blog/lambino-vs-comelec-gr-174153-25-october-2006-digest/ In the case of Badoy, Jr. v. Comelec, L-32546, Oct. 16, 1970, where the constitutionality of the
3. Sanidad vs. COMELEC prohibition of certain forms of election propaganda was assailed, We ruled therein that the
G.R. No. 90878 January 29, 1990 prohibition is a valid exercise of the police power of the state "to prevent the perversion and
PABLITO V. SANIDAD vs. THE COMMISSION ON ELECTIONS prostitution of the electoral apparatus and of the denial of equal protection of the laws." The
On October 23, 1989, Republic Act No. 6766, entitled "AN ACT PROVIDING FOR AN evil sought to be prevented in an election which led to Our ruling in that case does not obtain
ORGANIC ACT FOR THE CORDILLERA AUTONOMOUS REGION" was enacted into law. in a plebiscite. In a plebiscite, votes are taken in an area on some special political matter
The Commission on Elections, promulgated Resolution No. 2167, to govern the conduct of the unlike in an election where votes are cast in favor of specific persons for some office. In other
plebiscite on the said Organic Act for the Cordillera Autonomous Region. words, the electorate is asked to vote for or against issues, not candidates in a plebiscite.
In a petition dated November 20, 1989, herein petitioner Pablito V. Sanidad, who claims to be Anent respondent Comelec's argument that Section 19 of Comelec Resolution 2167 does not
a newspaper columnist of the "OVERVIEW" for the BAGUIO MIDLAND COURIER, a weekly absolutely bar petitioner-columnist from expressing his views and/or from campaigning for or
newspaper circulated in the City of Baguio and the Cordilleras, assailed the constitutionality of against the organic act because he may do so through the Comelec space and/or Comelec
Section 19 of Comelec Resolution No. 2167, which provides: radio/television time, the same is not meritorious. While the limitation does not absolutely bar
Section 19. Prohibition on columnists, commentators or announcers. � During the plebiscite petitioner's freedom of expression, it is still a restriction on his choice of the forum where he
campaign period, on the day before and on the plebiscite day, no mass media columnist, may express his view. No reason was advanced by respondent to justify such abridgement.
commentator, announcer or personality shall use his column or radio or television time to We hold that this form of regulation is tantamount to a restriction of petitioner's freedom of
campaign for or against the plebiscite issues. expression for no justifiable reason.
Plebiscite issues are matters of public concern and importance. The people's right to be economic life of the nation. It was acquired not temporarily but as a permanent adjunct to
informed and to be able to freely and intelligently make a decision would be better served by perform essential government or government-related functions, as the marketing arm of the
access to an unabridged discussion of the issues, including the forum. The people affected by PNOC to assist the latter in selling and distributing oil and petroleum products to assure and
the issues presented in a plebiscite should not be unduly burdened by restrictions on the maintain an adequate and stable domestic supply.
forum where the right to expression may be exercised. Comelec spaces and Comelec radio
time may provide a forum for expression but they do not guarantee full dissemination of But these jurisprudential rules invoked by petitioner in support of his claim that the CIIF
information to the public concerned because they are limited to either specific portions in companies are government owned and/or controlled corporations are incomplete without
newspapers or to specific radio or television times. resorting to the definition of "government owned or controlled corporation" contained in par.
ACCORDINGLY, the instant petition is GRANTED. Section 19 of Comelec Resolution No. (13), Sec. 2, Introductory Provisions of the Administrative Code of 1987, i. e., any agency
2167 is declared null and void and unconstitutional. The restraining order herein issued is organized as a stock or non-stock corporation vested with functions relating to public needs
hereby made permanent. whether governmental or proprietary in nature, and owned by the Government directly or
4. Leyson vs. Office of the Ombudsman through its instrumentalities either wholly, or, where applicable as in the case of stock
G.R. No. 134990 April 27, 2000 corporations, to the extent of at least fifty-one (51) percent of its capital stock. The definition
On 11 March 1997 petitioner Manuel M. Leyson Jr., Executive Vice President of ITTC, filed mentions three (3) requisites, namely, first, any agency organized as a stock or non-stock
with public respondent Office of the Ombudsman a grievance case against respondent Oscar corporation; second, vested with functions relating to public needs whether governmental or
A. Torralba. The following is a summary of the irregularities and corrupt practices allegedly proprietary in nature; and, third, owned by the Government directly or through its
committed by respondent Torralba: (a) breach of contract - unilateral cancellation of valid and instrumentalities either wholly, or, where applicable as in the case of stock corporations, to the
existing contract; (b) bad faith - falsification of documents and reports to stop the operation of extent of at least fifty-one (51) percent of its capital stock.
MT Transasia; (c) manipulation - influenced their insurance to disqualify MT Transasia; (d) In the present case, all three (3) corporations comprising the CIIF companies were organized
unreasonable denial of requirement imposed; (e) double standards and inconsistent in favor of as stock corporations. The UCPB-CIIF owns 44.10% of the shares of LEGASPI OIL, 91.24%
MT Marilag; (f) engaged and entered into a contract with Southwest Maritime Corp. which is of the shares of GRANEXPORT, and 92.85% of the shares of UNITED COCONUT. 15
not the owner of MT Marilag, where liabilities were waived and whose paid-up capital is only Obviously, the below 51% shares of stock in LEGASPI OIL removes this firm from the
P250,000.00; and, (g) overpricing in the freight rate causing losses of millions of pesos to definition of a government owned or controlled corporation. Our concern has thus been limited
Cocochem. to GRANEXPORT and UNITED COCONUT as we go back to the second requisite.
On 2 January 1998 petitioner charged respondent Tirso Antiporda, Chairman of UCPB and Unfortunately, it is in this regard that petitioner failed to substantiate his contentions. There is
CIIF Oil Mills, and respondent Oscar A. Torralba with violation of The Anti-Graft and Corrupt no showing that GRANEXPORT and/or UNITED COCONUT was vested with functions
Practices Act also before the Ombudsman anchored on the aforementioned alleged relating to public needs whether governmental or proprietary in nature unlike PETROPHIL in
irregularities and corrupt practices. The OMB dismissed the complaint, based on the finding Quimpo. The Court thus concludes that the CIIF companies are, as found by public
that the case involved breach of contract. respondent, private corporations not within the scope of its jurisdiction.
ISSUE: Whether the OMB committed GADLAEJ in dismissing the complaint With the foregoing conclusion, we find it unnecessary to resolve the other issues raised by
HELD: Quimpo v. Tanodbayan involved the issue as to whether PETROPHIL was a petitioner.
government owned or controlled corporation the employees of which fell within the A brief note on private respondents' charge of forum shopping. Executive Secretary v. Gordon
jurisdictional purview of the Tanodbayan for purposes of The Anti-Graft and Corrupt Practices 16 is instructive that forum shopping consists of filing multiple suits involving the same parties
Act. We upheld the jurisdiction of the Tanodbayan on the ratiocination that � for the same cause of action, either simultaneously or successively, for the purpose of
While it may be that PETROPHIL was not originally "created" as a government-owned or obtaining a favorable judgment. It is readily apparent that the present charge will not prosper
controlled corporation, after it was acquired by PNOC, which is a government-owned or because the cause of action herein, i. e., violation of The Anti-Graft and Corrupt Practices Act,
controlled corporation, PETROPHIL became a subsidiary of PNOC and thus shed-off its is different from the cause of action in the case pending before the trial court which is
private status. It is now funded and owned by the government as, in fact, it was acquired to collection of a sum of money plus damages.
perform functions related to government programs and policies on oil, a vital commodity in the
WHEREFORE, the petition is DISMISSED. The Resolution of public respondent Office of the ; October 16, 1971
Ombudsman of 30 January 1998 which dismissed the complaint of petitioner Manuel M.
Leyson Jr., as well as its Order of 4 June 1998 denying his motion for reconsideration, is PLANAS V COMMISSION ON ELECTIONS
AFFIRMED. Costs against petitioner.1�wphi1.n�t ; January 22, 1973
SO ORDERED.
PRELIMINARIES JAVELLANA V EXECUTIVE SECRETARY
; March 31, 1973
ANGARA V ELECTORAL COMMISSION
SANIDAD V COMMISSION ON ELECTIONS
ABAKADA GURO V ERMITA ; October 12, 1976
1. WON the court can take action of this case despite there being a pending case before the VITUG
COMELEC
2. WON RA 6735 is an adequate enabling law for people’s initiative The COMELEC should have dismissed the petition, since it did not have the required number
3. WON the COMELEC resolution no. 2300 is valid of signatures.
4. WON the COMELEC acted without jurisdiction or in grave abuse of discretion in
entertaining the Delfin petition FRANCISCO [concur and dissent]
HELD looking at the definition of terms in the said RA, the law clearly intends to include amendments
1. Yes. Comelec’s failure to act on roco’s motion to dismiss and its insistence to hold on to the to the Constitution.
petition rendered ripe and viable the instant petition under sec 2 rule 65 of rules of court
- Case may be treated as a special civil action for certiorari since delfin didn’t come up with PANGANIBAN
the minimum number of signatures
- Court may brush aside technicalities in cases of transcendental importance. RA 6735 is not perfect but taken together with the Constitution and COMELEC Res. No. 2300,
2. No. The law is inadequate. it is sufficient to implement Constitutional initiatives.
- First, in Sec 2 of the Act (Statement and Policy), it seems that the word Constitution was a
delayed afterthought. The word Constitution was neither germane nor relevant to the said RESOLUTION
section. It only proves that it is silent to amendments in the constitution. ;
ESTRADA V DESIERTO - Impeachment trial was adjourned in the spirit of Christmas and when January came, more
PUNO; bombshells were exploded.
> Sec. of Finance Atty. Espiritu testified that Estrada jointly owned BW Resources
FACTS Corporation with Mr. Dante Tan who was facing charges of insider trading.
- Nature: Writ of Preliminary Injunction against complaints against him until his term is over > Jan. 16, 2001~ with a vote of 11-10, the Senator judges ruled against opening the 2 nd
- May 11, 1998 ~ Estrada was elected President; Arroyo was VP; some 10 million Filipinos envelope which allegedly contained evidence showing that petitioner held 3.3 billion pesos
voted for Estrada and both Estrada and Arroyo were to serve a 6-year term. in a secret bank account under the name "Jose Velarde."
- Oct. 4, 2000 ~ Estrada's "sharp decent from power" began; Chavit Singson, Estrada's long > In short, this resulted to what we know as "EDSA II"
time friend, publicly accused Estrada, Estrada's family and friends of receiving millions of - January 19, 2001~ withdrawal of support from the Armed Forces, PNP and mass
pesos from jueteng lords. resignations ensued
- Oct. 5, 2000~ Sen. Teofisto Guingona Jr. delivered a speech entitled "I ACCUSE" wherein he - Jan 20, 2001~ Estrada surrendered. At 12 nn, CJ Davide administered the oath to Arroyo as
accused Estrada of receiving 220 million pesos worth of jueteng money from Gov. Singson the President of the Philippines.
from November 1998 till August 200 and obtained another 70 million peson on excise tax still > Estrada left Malacañang and issued a press statement saying that he now leaves
from Gov. Singson Malacañang Palace for the sake of peace and in order to begin the healing process of our
- The privilege speech was referred by Sen. Drilon to the Blue Ribbon Committee and the nation.
Committee on Justice for joint investigation > He also wrote a letter saying that the VP shall be the acting president and said letter was
- The House of Reps also decided to investigate the expose of Gov. Singson. transmitted to former Speaker Fuentebella and Sen. Pres. Pimentel.
- Reps. Heherson Alvarez, Ernesto Herrera and Michael Defensor spearheaded the move to - Jan 21, 2001~ Arroyo discharged the powers and duties of the Presidency. The SC issued a
impeach Estrada. resolution, which confirmed the authority given by the 12 members of the Court then present
- Oct. 11, 2000 ~ Archbishop Jaime Cardinal Sin issued a pastoral statement asking Estrada to the Chief Justice to administer the oath of office to GMA.
to step down from the presidency as he had lost the moral authority to govern - Jan. 24, 2001~ Despite the receipt of Estrada's letter, House of Reps. passed House
- Oct. 13, 2000~ CBCP also cried out for Estrada's resignation Resolution No. 175 experiencing full support to GMA's administration and also HR no. 176
- Oct. 17, 2000~ Former Pres. Aquino joined the calls for resignation and former Pres. Ramos - Feb 7, 2001~ Despite receipt of Estrada's letter claiming inability, Senate passed Resolution
joined the chorus as well. No. 82 confirming GMA's nomination of Teofisto Guingona as VP and the Senate's support of
- But before that, on Oct 12, Arroyo already resigned as DSWD Secretary and also asked for the new gov't. and also in the same date, Senate passed Res. No. 83 recognizing that the
Estrada's resignation but Estrada really held on to his office and refused to resign. (According impeachment court is functus offictio.
to J. Puno: "The heat is on.") - Feb. 8, 2001~ Senate passed Res. No. 84 certifying vacancy in the Senate.
- November ended with a "big-bang" because on November 13, House Speaker Manuel Villar - Feb 15, 2001- CJ Davide and J. Panganiban inhibited themselves from participating in this
transmitted the Articles of Impeachment (which was based on the grounds of bribery, graft and case as per Saguisag's motion. They of course debunked his charge "that they have
corruption, betrayal of public trust and culpable violation of the Constitution) signed by 115 compromised their weight on one side" but nonetheless recused themselves.
representatives to the Senate.
- Nov. 20, 2000~ Senate finally opened the impeachment trial. 21 senators took their oath as ISSUES
judges with SC Chief Justice Hilario G. Davide Jr, presiding. 1. WON the petitions present a justiciable controversy
- Dec. 7, 2000~ The impeachment trial started. 2. WON the petitioner resigned as president
- Dramatic point of the December hearings was the testimony of Clarissa Ocampo, the SVP of 3. WON the petitioner is only temporarily unable to act as president
Equitable-PCI BANK. Ocampo testified that she was one foot away from Estrada when he 4. WON the petitioner enjoys immunity from suit (and assuming he enjoys immunity, the
affixed the signature "Jose Velarde" on documents involving a 500 million pesos investment extent of the immunity)
account with their bank on Feb 4 2000. 5. WON the prosecution of petitioner Estrada should be enjoined due to prejudicial publicity.
HELD - Ramon Gonzales, in his capacity as citizen and taxpayer, filed a petition for prohibition and
1. The Court shall consider as justiciable the issue of WON the change in the presidency was mandamus, assailing the constitutionality of the creation of the PCCR on two grounds:
done in the manner prescribed by the 1987 Constitution. (In this part, the ponente > it is a public office which only the legislature can create by way of law
differentiated EDSA I from EDSA II saying that EDSA I was a revolution, change of presidency > by creating the PCCR, the President is intervening in a process from which he is totally
was done extra-constitutionally whereas EDSA II was not a revolution, the change was done excluded by the Constitution, i.e. the amendment of the fundamental charter.
to an element of the government only and it was done intra-constitutionally because GMA - In this regard, Gonzales:
swore to uphold or protect the 1987 Constitution. Read it if u want a better understanding. > seeks to enjoin the PCCR and the presidential consultants, advisers and assistants from
Also, the Court is interpreting ART II sec 1, ART VII Sec 8 and ART VII Sec 11 in this acting as such
case so look at those provisions too.) > seeks to enjoin Exec Sec Ronaldo Zamora from enforcing their advice and
2. The Court held that resignation shall be determined from the totality of prior, recommendations
contemporaneous and posterior facts and circumstantial evidence bearing a material > seeks to enjoin the Commission on Audit from passing in audit expenditures for the
relevance on the issue. (In relation to this, see Art. VII, Section 8) PCCR and the presidential consultants, advisers and assistants
3. The Court held that the question WON it may review and revise the decision of both > prays for an order compelling respondent Zamora to furnish petitioner with information on
Houses of Congress recognizing GMA as the de jure President of the Philippines is a political certain matters.
one. (Congress has laid Estrada's claim of inability to rest because of its recognition of GMA
as president. The issue is a political question and the Court cannot review Congress' decision ISSUES
without violating the principle of separation of powers.) 1. WON the case has become moot and academic
4. The Court held (shall rule) that the President enjoys immunity only during his tenure. 2. WON petitioner has standing as a citizen
(Reasoning in the In Re: Bermudez case that the incumbent President is immune from suit or 3. WON petitioner has standing as a taxpayer
from being brought to court during his period of his incumbency and tenure but not beyond.) 4. WON the President has power to create positions (70) in the Office of the President and
5. The Court shall rule that to warrant a finding of prejudicial publicity, there must be allegation appoint presidential consultants (20), advisers (22) and assistants (28)
and proof that the judges have been unduly influenced by the barrage of publicity. 5. WON the Court may issue a writ of mandamus ordering Exec Sec Ronaldo Zamora to
Deicison The petitions of Joseph E. Estrada challenging the respondent Gloria Macapagal- provide petitioner with names of executive officials holding multiple positions in government,
Arroyo as the de jure 14th President of the Republic are DISMISSED. copies of their appointments, and a list of the recipients of luxury vehicles seized by the
Bureau of Customs and turned over to Malacañang.
GONZALES V NARVASA
GONZAGA-REYES; August 14, 2000 HELD
1. Ratio An act is considered moot when it no longer presents a justiciable controversy
FACTS because the issues involved have become academic or dead. It is beyond the scope of
- Preparatory Commission on Constitutional Reform or PCCR was created by then President judicial power to give advisory opinion.
Joseph Estrada on Nov 26, 1998 by virtue of Executive Order No. 43 in order to “study and Obiter The case has already become moot and academic as the PCCR has already ceased
recommend proposed amendments and/or revisions to the 1987 Constitution, and the manner to exist. Relief prayed for by Gonzales (prohibition) is impossible to grant and is an
of implementing the same.” inappropriate remedy as body sought to be enjoined no longer exists. Any ruling regarding the
> The PCCR was instructed to complete its task on or before June 30, 1999. On Feb 19, PCCR would only be in the nature of an advisory opinion.
1999, the President issued Executive Order No. 70 which extended the time frame of the 2. Ratio A citizen has standing only if he can establish that he has suffered some actual or
PCCR’s work until Dec 31 1999. threatened injury as a result of the allegedly illegal conduct of the government; the injury is
> The PCCR submitted its recommendations to the President on Dec 20, 1999 and was fairly traceable to the challenged action; and the injury is likely to be redressed by a favorable
dissolved by the President on the same day. action.
Obiter The interest of a person assailing the constitutionality of a statute must be direct and (ART I, II, IV, V)
personal. He must be able to show that the law is invalid, but also that he has sustained or is
in immediate danger of sustaining some direct injury as a result of its enforcement, and not STATE DEFINED
merely that he suffers thereby in some indefinite way.19
3. Ratio A taxpayer has standing to raise a constitutional issue when it is established that COLLECTOR OF INTERNAL REVENUE V CAMPOS RUEDA
public funds have been disbursed in alleged contravention of the law or the Constitution, the FERNANDO; October 29, 1971
action of which is properly brought only when there is an exercise by Congress of its taxing or
spending power. FACTS
Obiter Under Sec 7 of EO No 43 which created the PCCR, the amount of P3 million is - Collector of Internal Revenue held Antonio Campos Rueda, as administrator of the estate of
“appropriated” for its operational expenses “to be sourced from the funds of the Office of the the late Estrella Soriano Vda. de Cerdeira, liable for the stun of P 161,974.95 as deficiency
President.” The appropriations were authorized by the President, not by Congress. In fact, estate and inheritance taxes for the transfer of intangible personal properties in the
there was no appropriation at all since appropriation has been defined ‘as nothing more than Philippines, the deceased, a Spanish national having been a resident of Tangier, Morocco
the legislative authorization prescribed by the Constitution that money may be paid out of the from 1931 up to the time of her death in 1955.
Treasury.’ The funds for the PCCR was taken from the funds intended for the Office of the - Rueda’s request for exemption was denied on the ground that the law of Tangier is not
President, in the exercise of the Chief Executive’s power to transfer funds pursuant to Sec 25 reciprocal to Section 122 of the National Internal Revenue Code.
(5) Art VI of Constitution. - Rueda requested for the reconsideration of the decision denying the claim for tax exemption.
4. Appointment is not synonymous with creation. However, respondent denied this request on the grounds that there was no reciprocity [with
- Petitioner does not have the personality to raise this issue as he has not proven that he has Tangier, which was moreover] a mere principality, not a foreign country.
sustained or is in danger of sustaining any injury as a result of the appointment, and he has - Court of Tax Appeals ruled that the expression 'foreign country,' used in the last proviso of
not alleged the necessary facts to enable the Court to determine if he possesses a taxpayer’s Section 122 of the National Internal Revenue Code, refers to a government of that foreign
interest. power which, although not an international person in the sense of international law, does not
5. As enshrined in Sec 7 of the Bill of Rights, “the right of the people to information on matters impose transfer or death taxes upon intangible personal properties of our citizens not residing
of public concern shall be recognized. Access to official records, and to documents, and therein, or whose law allows a similar exemption from such taxes. It is, therefore, not
papers pertaining to official acts, transactions, or decisions, as well as to government research necessary that Tangier should have been recognized by our Government in order to entitle the
data used as basis for policy development, shall be afforded the citizen, subject to such petitioner to the exemption benefits of the last proviso of Section 122 of our Tax Code.
limitations as may be provided by law.”
- The right to information is a public right, and the requirement of personal interest is satisfied ISSUE
by the mere fact that petitioner is a citizen and therefore part of the general public which Whether or not the requisites of statehood, or at least so much thereof as may be necessary
possesses the right. for the acquisition of an international personality, must be satisfied for a "foreign country" to
- “matters of public concern” is a term which “embrace(s) a broad spectrum of subjects which fall within the exemption of Section 122 of the National Internal Revenue Code
the public may want to know, either because these directly affect their lives, or simply because
such matters naturally arouse the interest of an ordinary citizen. In the final analysis, it is for HELD
the courts to determine in a case to case basis whether the matter at issue is of interest or - Supreme Court affirmed Court of tax Appeal’s Ruling.
importance, as it relates to or affects the public.” - If a foreign country is to be identified with a state, it is required in line with Pound's
Decision Petition is dismissed, with the exception that respondent Zamora is ordered to formulation that it be a politically organized sovereign community independent of outside
furnish petitioner with information requested. control bound by ties of nationhood, legally supreme within its territory, acting through a
government functioning under a regime of law.
THE PHILIPPINES AS A STATE - it is thus a sovereign person with the people composing it viewed as an organized corporate
society under a government with the legal competence to exact obedience to its commands.
19
in Kilosbayan v Morato citing Valmonte v Phil Charity Sweepstakes Office
- The stress is on its being a nation, its people occupying a definite territory, politically PANGANIBAN; May 2, 1997
organized, exercising by means of its government its sovereign will over the individuals within
it and maintaining its separate international personality. FACTS
- State is a territorial society divided into government and subjects, claiming within its allotted - Petition for Certiorari
area a supremacy over all other institutions. Moreover, similarly would point to the power - DTI secretary Rizalino Navarro signed the Final Act Embodying the Results of the Uruguay
entrusted to its government to maintain within its territory the conditions of a legal order and to Round of Multilateral Negotiations. (Final Act). By signing it, he agreed on behalf of the
enter into international relations. With the latter requisite satisfied, international law does not Philippines
exact independence as a condition of statehood. o To submit the WTO agreement to competent authorities for their approval
- Collector of Internal Revenue v. De Lara: There can be no doubt that California as a state in o Adopt the ministerial declarations and decisions
the American Union was lacking in the alleged requisite of international personality. (Basically, the final act aims to liberalize and expand world trade and strengthen the
Nonetheless, it was held to be a foreign country within the meaning of Section 122 of the interrelationship between trade and economic policies affecting growth and development.)
National Internal Revenue Code. - The president then sent to the senate a letter which submits the Uruguay Round Final Act for
their concurrence
- This Court did commit itself to the doctrine that even a tiny principality, that of Liechtenstein, - Another letter was sent by the president. This time, he submits the Uruguay Final Round Act,
hardly an international personality in the traditional sense, did fall under this exempt category. the Agreement Establishing the WTO, the Ministerial Declarations and Decisions and the
Understanding on Commitments in Financial Services to the Senate for its concurrence.
SOVEREIGNTY AND SOVEREIGN IMMUNITY - The Senate adopted Resolution number 97, which expresses their concurrence in the
ratification of the president of the Agreement Establishing the WTO.
ART II DECLARATION OF PRINCIPLES AND STATE POLICIES - The President signed the Instrument of Ratification of the Agreement Establishing the WTO
and the agreements and associated legal instruments of that agreement.
Sec 1: The Philippines is a democratic and republican state. Sovereignty resides in the - The final act signed by Secretary Navarro, on the other hand, embodies not only the WTO
people and all government authority emanates form them. agreement but also the ministerial declarations and decisions and the understanding on
commitments in financial services.
ART V SUFFRAGE - Petitioners assail the constitutionality of the treaty. They also claim that since the Senate
only concurred with the WTO agreement and not on all the contents of the Final act, they
Sec 1: Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified impliedly rejected the Final act.
by law, who are at least 18 years of age, and who shall have resided in the Philippines for at
least one year and in the place wherein they propose to vote, for at least six months ISSUES
immediately preceding the election. No literacy, property, or other substantive requirement 1. WON the case is justiciable.
shall be imposed on the exercise of suffrage 2. WON the parity provisions and national treatment clauses in the WTO agreement
violates Sec. 19 Article 2, Sec. 10 and 12 Article 12 of the Constitution (“economic
nationalism” clauses).
Sec 2: The Congress shall provide a system for securing the secrecy and sanctity of the 3. WON the WTO agreement unduly limits, restricts and impairs legislative power of the
ballot as well as a system for absentee voting by qualified Filipinos abroad. Congress.
4. WON the WTO agreement intrudes on the power of the Supreme Court to promulgate
The Congress shall also design a procedure for the disabled and illiterates to vote without the rules concerning pleading, practice and procedures.
assistance of other persons. Until then, they shall be allowed to vote under existing laws and 5. WON the concurring of the senate only in the WTO agreement and not in the final act
such rules as the Commission on Elections may promulgate to protect secrecy of the ballot. implies rejection of the final act.
HELD
TANADA V ANGARA
- Petition dismissed.
1. Yes. 5. No.
- The judiciary has the duty and power to strike down grave abuse of discretion on the part of - The final act need not be ratified. It is not the treaty itself. Rather, it is just a summary of the
any branch or instrumentality of government including Congress proceedings. The final act only required that the senate concur with the WTO agreement,
2. No which they did.
- The declaration of principles are not intended to be self-executing, rather, they are - The Senate was well-aware of what it was concurring to as shown by the member’s
just aid and guides by the judiciary in judicial review, and by the legislature in deliberations.
enacting laws. These broad principles need legislative enactments to implement them.
REAGAN V COMMISSIONER OF INTERNAL REVENUE
- The economic nationalism provisions should be read with other constitutional mandates, FERNANDO; December 27, 1969
especially Sec 1 and 13 of Article 12.
- The WTO protects the weak economies. There are specific provisos in the agreement with FACTS
respect to tariffs, domestic subsidies and protection from unfair competition which are APPEAL from a decision of the Court of Tax Appeals
intended to help developing economies. Petitioner: William Reagan –civilian employee of an American corporation providing technical
- The Constitution does not rule out foreign competition. Independence refers to the freedom assistance to the United States Air Force in the Philippines
from undue foreign control of the national economy. Respondent: Commissioner of Internal Revenue
- The Constitution has not really shown any unbalanced bias in favor of any business or July 7, 1959 –Reagan was assigned at the Clark Field Air Base
enterprise, nor does it contain any specific pronouncement that Filipino companies should be April 22, 1960 –He imported a tax-free Cadillac with accessories valued at $6,443.83
July 11, 1960 –petitioner asked Base Commander for permit to sell the car which was granted
pampered with total prescription of foreign competition.
provided that he sell it to a member of the US Armed Forces or a US citizen employed in the
- Constitutions are designed to meet not only the vagaries of contemporary events. They Philippine military bases. On the same date, he sold his car for $6,600.00 to Willie Johnson,
should be interpreted to cover even future and unknown circumstances. Jr. of the US Marine Corps.
3. No - As a result of the transaction, respondent, after deducting the landed cost of the car as well
- Sovereignty is not absolute because it is subject to restrictions and voluntarily as petitioner’s personal exemption, fixed his net taxable income arising from the sale at
agreed to by the Philippines. P17,912.34 rendering him liable for P2,979.00 income tax. After paying the sum, petitioner
- The Constitution did not envision a hermit type isolation of the country. sought a refund claiming that he was exempt, but pending action on his request, he filed the
- By their inherent nature, treaties really limit or restrict the absoluteness of sovereignty case with the Court of Tax Appeals which denied his petition.
- Petitioner asserts that he is exempt from paying the income tax. He contends that in legal
- There are certain restrictions to the Constitution
contemplation the sale was made outside Philippine territory and therefore beyond its
- Limitations imposed by the very nature of membership in the family of nations. jurisdiction to tax.
- Limitations imposed by treaty stipulations - Petitioner relies on a statement of Justice Tuason in Co Po v. Collector of Internal Revenue:
- When the Philippines join the UN, it consented to restrict its soverign rights under the “While in army bases or installations within the Philippines those goods were in contemplation
concept of auto-limitation. (Reagan vs Commission of Internal Revenue) of law on foreign soil.” The court resolved this by pointing out that the statement was merely
- The underlying concept in the partial surrender of sovereignty is the reciprocal commitment obiter dictum in that case and therefore, cannot be invoked in this case.
of the other contracting states granting the same privilege and immunities to the Philippines,
its officials and its citizens. ISSUE
WON the Clark Field Air Base is Philippine territory
4. No.
- The burden of proof is not transferred in cases of patent infringement. It is still on the patent
HELD
owner to introduce evidence of the existence of the alleged identical product.
Yes. Bases under lease to the American armed forces by virtue of the Military Bases
- The new rule should not really present any problem in changing the rules of evidence as the Agreement of 1947 remain part of Philippine territory.
present law on the subject, RA 165 (Patent Law), provides a similar presumption in cases of - The Philippines being independent and sovereign, its authority may be exercised over its
infringement of patent design. entire domain. Within its limits, its decrees are supreme, its commands paramount. Likewise,
- Conclusion in the third issue also applies. it has to be exclusive. If it were not thus, there is a diminution of its sovereignty.
- Concept of auto-limitation: Any state may, by its consent, express or implied, submit to a *The ff account groups, using various foreign foundations in certain Swiss banks,
restriction of its sovereign rights. It is not precluded from allowing another power to participate previously held the funds:
in the exercise of jurisdictional right over certain portions of its territory. If it does so, it by no 1. Azio-Verso-Vibur Foundation accounts
means follows that such areas become impressed with an alien character. They retain their 2. Xandy-Wintrop: Charis-Scolari-Valamo-Spinus-
status as native soil. They are still subject to its authority. Its jurisdiction may be diminished, Avertina-Foundation accounts
but it does not disappear. So it is with the bases under lease to the American armed forces by 3. Trinidad-Rayby-Palmy Foundation accounts
virtue of the military bases agreement of 1947. They are not and cannot be foreign territory. 4. Rosalys-Aguamina Foundation accounts
- Therefore, the Philippines’ jurisdictional rights over the bases, certainly not 5. Maler Foundation accounts
excluding the power to tax, have been preserved. As to certain tax matters, an
appropriate exemption was provided for. b. the forfeiture of US$25 million and US$5 million in treasury notes which exceeded
- Judgment (7 concur, 2 concur in the result, 1 did not take part) the Marcos couple’s salaries, other lawful income as well as income from
The decision of the Court of Tax Appeals denying the refund of P2,979.00 as the legitimately acquired property. These treasury notes are frozen at the Bangko
income tax paid by petitioner is affirmed. Sentral ng Pilipinas by virtue of freeze order issued by PCGG.
- Oct 18, 1993, respondents Imelda R Marcos, Ma. Imelda M Manotoc, Irene M Araneta and
REPUBLIC V SANDIGANBAYAN Ferdinand R Marcos, Jr. filed their answer.
CORONA; July 15, 2003
The General Agreement/Supplemental Agreements
FACTS - Before case was set for pre-trial, a General Agreement and the Supplemental Agreements
- Special Civil Action in the Supreme Court. Certiorari. dated Dec 28, 1993 were executed by the Marcos children and then PCGG Chairman
- Dec 17 1991, the Republic, through the Presidential Commission on Good Government or Magtanggol Gunigundo for a global settlement of the assets of the Marcos family
PCGG, filed a petition for forfeiture before the Sandiganbayan, entitled Republic of the - The General Agreement/Supplemental Agreements sought to identify, collate, cause the
Philippines vs. Ferdinand E. - Marcos, represented by his Estate/heirs and Imelda R. Marcos , inventory of and distribute all assets presumed to be owned by the Marcos family under the
pursuant to RA 137920. conditions contained therein.
- PCGG was created by virtue of Executive Order No. 1 issued on February 28, 1986 - It was stated in one of the “whereas clauses” the fact that petitioner Republic “obtained a
by then President Corazon Aquino, and was charged with the task of assisting the judgment from the Swiss Federal Tribunal on Dec 21 1990 that the US$356 million belongs in
President in the “recovery of all ill-gotten wealth accumulated by former President principle to the Republic of the Philippines provided certain conditions are met….” The
Ferdinand E. Marcos, his immediate family, relatives, subordinates and close decision of the Swiss Federal Supreme Court affirmed the decision of Zurich District Attorney
associates, whether located in the Philippines or abroad, including the takeover or Peter Cosandey granting legal assistance to Republic. Cosandey declared the various
sequestration of all business enterprises and entities owned or controlled by them
deposits in the name of the foundations to be of illegal provenance and ordered that they be
during is administration, directly or through nominees, by taking undue advantage of
their public office and/or using their powers, authority, influence, connections or frozen to await the final verdict in favor of the parties entitled to restitution.
relationship.” - Sandiganbayan conducted hearings on the motion to approve the General/Supplemental
- In said case, petitioner Republic, represented by the Office of the Solicitor General (OSG) Agreements.
sought:
a. the declaration of the aggregate amount of US$356 million (estimated to be US$658 - Oct 18 1996 petitioner filed a motion for summary judgment and/or judgment on the
million inclusive of interest as of the time of decision) deposited in escrow 21 in the pleadings. Respondents filed their opposition.
Philippine National Bank (PNB), as ill-gotten wealth. - Nov 20 1997 Sandiganbayan denied petitioner’s motion for summary judgment and/or
judgment on the pleadings on the ground that the motion to approve the compromise
agreement “(took) precedence over the motion for summary judgment”
20
An Act Declaring Forfeiture In Favor of the State Any Property To Have Been Unlawfully Acquired By Any Public Officer or Employee and Providing For the
Procedure Therefor.
21
Money or a deed or other instrument deposited with a third person for a delivery to a given party upon the fulfillment of some condition. While in the keeping of the
third party, the money or instrument is said to be “in escrow”. (Random House Webster’s Legal Dictionary, Random House, New York, 1996)
- May 26 1998 Mrs. Marcos filed manifestation claiming she was not a party to the motion for
approval of the Compromise Agreement and that the owned 90% of the funds with the Analysis of Respondents’ Legitimate Income
remaining 10% belonging to the Marcos estate. - the Marcoses reported P16,408,442.00 or US$2,414,484.91 in total income over a period of
20 years from 1965 to 1984.
The Fund Transfer - This amount includes Ferdinand Marcos’ salary as Senate President in 1965, (P15,935) and
- Aug 10 1995 petitioner Republic filed with the District Attorney in Zurich, Switzerland an as President from 1966 to 1985 (1966-1976 at P60,000/year; 1977-1985 at P100,000/year),
additional request for the immediate transfer of the deposits to an escrow account in PNB. Imelda Marcos’ salary as Minister of Human Settlements from 1976 to 1986 (P75,000/year),
This was granted. income from legal practice (P11,109,836), plus other sources.
- Marcoses appealed, Swiss Federal Supreme Court affirmed ruling of District Attorney of - Ferdinand Marcos made it appear that he had an extremely profitable legal practice before
Zurich, and funds were remitted to the Philippines in escrow in 1998. he became President, and that he was still receiving payments almost 20 years after
The Petition for Summary Judgment - Computations establish the total net worth of spouses Ferdinand and Imelda, for the years
- Mar 10 2000 petitioner filed another motion for summary judgment “pertaining to the 1965 to 1984, in the amount of US$957,487.75. (assuming income from legal practice is valid)
forfeiture of the US$356 million, based on ff grounds: - The five group accounts have a total balance of US$356 million.
a. essential facts which warrant the forfeiture of the funds are admitted by respondents
in their pleadings and other submissions made in the course of the proceeding
ISSUES
b. respondents’ admission made during pre-trial that they do not have any interest or
ownership over the funds tenders no genuine issue or controversy as to any 1. WON petitioner Republic’s action for certiorari is proper.
material fact in the present action 2. WON respondents raised any genuine issue of fact which would either justify or negate
- Mrs. Marcos filed her opposition, which was later adopted by co-respondents Marcos summary judgment.
children. 3. WON petitioner Republic was able to prove its case for forfeiture in accordance with
- Mar 24 2000 hearing on motion for summary judgment was conducted Sections 2 and 3 of RA 1379.
- Sep 19 2000 Sandiganbayan granted petitioner’s motion for summary judgment, stating that
there is no issue of fact which calls for the presentation of evidence, and declared the funds, HELD
which were deemed unlawfully acquired as ill-gotten wealth, forfeited in favor of the State. 1. Ratio Where the case is undeniably ingrained with immense public interest, public policy
- Mrs. Marcos filed motion for reconsideration on Sep 26 2000; Marcos children followed. and deep historical repercussions, certiorari is allowed notwithstanding the existence and
- In Jan 31 2002 resolution, Sandiganbayan reversed its Sep 19 2000 decision, stating that availability of the remedy of appeal.
“the evidence offered for summary judgment of the case did not prove that the money in the Obiter Almost two decades have passed since the government initiated its search for and
Swiss Banks belonged to the Marcos spouses because no legal proof exists in the record as reversion of ill-gotten wealth. The definitive resolution of such cases on the merits is long
to the ownership by the Marcoses of the funds”, and thus denied petitioner’s motion for overdue.
summary judgment. Hence, the present petition. 2. Ratio Mere denials, if unaccompanied by any fact which will be admissible in evidence at
- Petitioner asserts in the main that the Sandiganbayan committed grave abuse of discretion a hearing, are not sufficient to raise genuine issues of fact and will not defeat a motion for
in reversing the decision on the ground that the original copies of the authenticated Swiss summary judgment
Federal Supreme Court decisions and their “authenticated translations” have not been Obiter Court held that respondent Marcoses failed to raise any genuine issue of fact in their
submitted to the Court, when in fact the Sandiganbayan quoted extensively a portion of the pleadings. Summary judgment should take place as a matter of right.
Swiss decisions in denying a previous motion dated July 29 1999. Petitioner adds that - a genuine issue is an issue of fact which calls for the presentation of evidence, as
nowhere in the respondents’ motions for reconsideration and supplemental motion for distinguished from an issue which is fictitious and contrived, set up in bad faith or patently
reconsideration were the authenticity, accuracy and admissibility of the Swiss decisions ever lacking in substance.
challenged. - Respondents failed to specifically deny each and every allegation contained in the petition
- Respondents, of course, assert that the petition should be denied. for forfeiture in the manner required by the rules (Sec 10 Rule 8 1997 Rules of Civil
Procedure). Their answers include “they have no sufficient knowledge” or “they could not proves, that these were lawfully acquired and that there are other legitimate sources of
recall because it happened a long time ago” or “the funds were lawfully acquired” without income.
stating the basis of such assertions. Obiter burden of proof was on respondents to dispute presumption and show by clear and
- Question: Whether the kind of denial in respondents’ answer qualifies as the specific denial convincing evidence that the Swiss deposits were lawfully acquired and that they had other
called for by the rules. No. The Court holds that if an allegation directly and specifically legitimate sources of income. A presumption is prima facie proof of the fact presumed, and,
charges a party with having done, performed or committed a particular act which the latter did unless the fact thus prima facie established by legal presumption is disproved, it must stand
not in fact do, perform or commit, a categorical and express denial must be made. as proved.
- The allegations for forfeiture on the existence of the Swiss bank deposits, not having been - the Court not only took into consideration that respondents themselves made admissions in
specifically denied by respondents in their answer, were deemed admitted pursuant to Sec 11 their pleadings and testimonies, but that petitioner was able to present sworn statements of
Rule 8 of 1997 Rules on Civil Procedure. witnesses who had personal knowledge of the Marcoses’ participation in the illegal acquisition
a. Propriety of Summary Judgment of funds.
- Summary judgment is proper when there is clearly no genuine issue as to any material
fact in the action. The Court is justified in dispensing with the trial and rendering RESOLUTION
summary judgment if it is demonstrated by affidavits, depositions or admissions that the CORONA; November 18, 2003
issues are not genuine but sham or fictitious.
- motion for summary judgment is premised on the assumption that the - SC: Respondents in their motions for reconsideration do not raise any new matters for the
issues presented need not be tried either because these are patently devoid of Court to resolve.
substance or that there is no genuine issue as to any pertinent fact.
- It is a procedural device for the prompt disposition of actions in which the
pleadings raise only a legal issue, not a genuine issue as to any material fact. Is summary judgment in forfeiture proceedings a violation of due process?
b. Whether petitioner Republic had bound itself to go to trial and had legally waived - Respondents: RA 1379 is penal in substance and effect, hence they are entitled to
right it had to move for summary judgment. constitutional safeguards enjoyed by accused.
- Court rules that petitioner could validly move for summary judgment any time after the - SC: Due process of law has two aspects: substantive and procedural. There must be a
respondents’ answer was filed or, for that matter, at any subsequent stage of the compliance with both substantive and procedural requirements in order that a particular act
litigation. The fact that petitioner agreed to proceed to trial did not in any way prevent it may not be impugned as violative of the due process clause.
from moving for summary judgment. - substantive due process refers to intrinsic validity of a law that interferes with
c. Whether by the time motion for summary judgment was filed on Mar 10 2000, the rights of a person to his property
estoppel by laches had already set in against petitioner. - there is no showing that RA 1379 is unfair, unreasonable or unjust.
- Doctrine of estoppel or laches does not apply when government sues as a sovereign or Respondents were not deprived of their property through forfeiture for
asserts governmental rights. Nor can estoppel validate an act that contravenes law or arbitrary reasons.
public policy. - procedural due process means compliance with procedures or steps, even
- estoppel by laches is the failure or neglect for an unreasonable or periods, prescribed by the statute, in conformity with the standard of fair play
unexplained length of time to do that which, by exercising due diligence, could or and without arbitrariness on the part of those who are called upon to administer
should have been done earlier, warranting a presumption that the person has it.
abandoned his right or declined to assert it. - forfeiture proceedings are actions in rem, thus civil in nature, contrary to
- in invoking doctrine of estoppel by laches, respondents must show not respondents’ contention that they are penal in character. The proceedings under
only unjustified inaction but also that some unfair injury to them might result RA 1379 do not terminate in the imposition of penalty but merely in the forfeiture
unless the action is barred. in favor of the State of properties illegally acquired.
3. Ratio The prima facie presumption raised by the law that a property is unlawfully acquired - Civil suits to recover unlawfully acquired property under RA 1379 may be proven
when the amount or value is manifestly disproportionate to the official salary and other lawful by preponderance of evidence. The Government is required only to state the
income of the public officer who owns it stands as proved unless defendant shows, and known lawful income of respondents for the prima facie presumption of illegal
provenance to attach. Petitioner Republic having established this presumption,
burden of proof shifted to respondents to show by clear and convincing evidence - No prescription against the Spanish Crown
that the Swiss deposits were lawfully acquired and that they had other legitimate - Decree of June 25, 1880 required registration within a limited time to make
sources of income. Respondents failed on this part. the title good
- essence of due process is found in the reasonable opportunity to be heard and
- And US succeeded the title of Spain (through Treaty of Paris)
submit one’s evidence in support of his defense
- Respondents were repeatedly accorded full opportunity to present their - Plaintiff’s land not registered and he had lost all rights and a mere trespasser
case, defenses and pleadings. They obstinately refused to do so and have - Also, Benguet never brought under civil or military government of the
tried to confuse the issues and the Court and to delay the disposition of the Spanish Crown, so it is not certain whether registration granted was under
case Spanish laws
- “the people and the State are entitled to favorable judgment, free from vexatious, - Plaintiff argues:
capricious and oppressive delays, the salutary objective being to restore the - Argument seems to amount to denial of native titles throughout an important
ownership of the Swiss deposits to the rightful owner – that is, the Republic of the Island of Luzon
Philippines – in the shortest possible time.”
ISSUE
Motions for reconsiderations denied with finality. WON Carino owns the land
SHAUF V COURT OF APPEALS Doctrine Yes. Regalado is concurred with by Melencio-Herrera, Paras, Padilla, and
REGALADO; November 27, 1990 Sarmiento.
1. The US officers are NOT IMMUNE from suit even without the consent of the State.
FACTS 2. Yes the petitioners are guilty of discrimination against Shauf. Despite Shauf’s
Petitioner Loida Q. Shauf, a Filipino by origin and married to an American who is a member qualifications, Persi did not even consider the former’s application. Since the
of the United States Air Force, applied for the vacant position of Guidance Counselor, GS petitioner was able to prove the discrimination in the non-consideration of her
1710-9, in the Base Education Office at Clark Air Base, for which she is eminently qualified. application, the burden shifted to the respondents. The respondents however
answered with mere denials of the charges.
3. Shauf need not be awarded compensatory damages. There was no proof that she Ratio Officers of the US Navy as instrumentalities of the US government are immune from
really was to earn $39,662 if she was employed at the time. Damages which are suit (but only when they are acting/ discharging their official functions. this is part of the
merely possible are speculative. There must be an actual proof of loss. second issue)
Art.XVI, sec.3 of 1987 consti provides that state may not be sued without its consent. But
WYLIE V RARANG
even without this affirmation, court is still bound by the doctrine of incorporation 22. The doctrine
GUTIERREZ; May 28, 1992
is applicable not only to suits against the state but also to complaints filed against officials for
acts allegedly performed by them in discharge of their official duties.
FACTS
The traditional rule of immunity excepts a State from being sued in the courts of another State
Petitioners Wylie and Williams were the assistant administrative officer and commanding
without its consent or waiver. This rule is a necessary consequence of the principles of
officer, respectively, of the US Naval base in Subic. Respondent Aurora Rarang was an
independence and equality of States.
employee in the Office of the Provost Marshal assigned as the merchandise control guard.
Because the activities of states have multiplied, it has been necessary to distinguish them ––
Wylie, as one of his duties, supervised the publication of the “Plan of the Day” a daily
between sovereign and governmental acts (jure imperii) and private, commercial and
publication that featured among others, an “action line inquiry”. On feb.3,1978, an inquiry was
proprietary acts (jure gestionis). The result is that State immunity now extends only to acts
published saying that confiscated goods were being consumed/ used for personal benefit by
jure imperii.
the merchandise control inspector and that a certain “Auring” was, in herself, a disgrace to the
There is no question, therefore, that the petitioners actively participated in screening the
office. Rarang, being the only person named Auring in the said office, went to press an action features and articles in the POD as part of their official functions. Under the rule that U.S.
for damages against Wylie and Williams and the US Naval Base. (That Rarang was indeed officials in the performance of their official functions are immune from suit, then it should follow
the Auring mentioned in the inquiry was proven by the apology letter issued by Wylie for the that the petitioners may not be held liable for the questioned publication.
inadvertent publication.) It is to be noted, however, that the petitioners were sued in their personal capacities for their
She alleged that the article constituted false, injurious, and malicious defamation and libel alleged tortious acts in publishing a libelous article.
tending to impeach her honesty, virtue and reputation exposing her to public hatred, contempt
and ridicule. 2. No.
Defendants alleged that (1) defendants acted in performance of their official functions as Ratio Our laws and, we presume, those of the United States do not allow the commission of
officers of the US Navy and are thus immune from suit (2) US Naval Base is immune from suit crimes in the name of official duty. The general rule is that public officials can be held
being an instrumentality of the US Government and (3) the RTC has no jurisdiction over the personally accountable for acts claimed to have been performed in connection with official
subject matter and the parties involved. duties where they have acted ultra vires or where there is showing of bad faith. Immunity from
Lower court ruling: defendants pay damages because acts were not official acts of the US suit cannot institutionalize irresponsibility and non-accountability nor grant a privileged status
government, but personal and tortious acts (which are not included in the rule that a sovereign not claimed by any other official of the Republic.
country can’t be sued without its consent). Suit against US Naval Base was dismissed. Under Art. 2176 of the civil code, whoever by act or omission, causes damage to another,
there being fault or negligence is obliged to pay for the damage done. Such fault or
negligence, if there is no pre-existing contractual relation between the parties, is called a
ISSUES
quasi-delict and is governed by the provisions of this Chapter.
1. WON officials of the US Naval Base inside Philippine Territory, in discharge of their official Indeed the imputation of theft contained in the POD dated February 3, 1978 is a defamation
duties, are immune from suit. against the character and reputation of the private respondent. Petitioner Wylie himself
2. Are US officers who commit a crime or tortious act while discharging official functions still admitted that the Office of the Provost Marshal explicitly recommended the deletion of the
covered by the principle of state immunity from suit? name Auring if the article were published. The petitioners, however, were negligent because
under their direction they issued the publication without deleting the name "Auring." Such act
HELD or omission is ultra vires and cannot be part of official duty. It was a tortious act which ridiculed
the private respondent. The petitioners, alone, in their personal capacities are liable for the
1. Yes, they are immune.
damages they caused the private respondent.
22
principles are deemed incorporated in the law of every civilized state as a condition and consequence of its membership in the society of nations. Upon
its admission to such society, the state is automatically obligated to comply with these principles in its relations with other states
- Petitioners filed for certiorari and prohibition with preliminary injunction in the SC.
UNITED STATES OF AMERICA V GUINTO
CRUZ; February 26, 1990 G.R. No. 80018
- Luis Bautista, was employed as barracks boy in Camp O’ Donnel, an extension of Clark Air
FACTS Base.
- Petition for certiorari and prohibition with preliminary injunction to review the decision of the - He was arrested following a buy-bust operation conducted by individual petitioners King, Dye
RTC of Angeles City and Bostick, officers of the United States Air Force and special agents of the United States Air
- This case is a consolidation of four separate cases, all involving state immunity. Force Office of Special Operations, for violating R.A. 6425, or the Dangerous Drugs Act.
- Bautista was dismissed from employment.
G.R. No. 76607 - He then filed a complaint for damages against individual petitioners.
- Private respondents Valencia, Tanglao and del Pilar sued officers of the U.S. Air Force in - Petitioners filed a motion to dismiss the complaint on the ground that the
Clark Air Base in connection with the bidding conducted by them for contracts for barbering defendants were acting in their official capacity when they did the acts complained
services in the said base. of and that the suit was against the United States without its consent.
- Respondents sought to compel the Philippine Area Exchange (PHAX) and individual - Motion was denied by respondent judge.
petitioners to cancel the award to defendant Dizon, to conduct rebidding and to allow - Petitioners filed for certiorari and prohibition with preliminary injunction in the SC.
respondents by a writ of preliminary injunction to continue operating concessions pending
litigation. G.R. No. 80258
- Respondent court issued an order directing petitioners to maintain the status quo. - Private respondents filed a complaint for damages for injuries sustained as a result of the
- Petitioners filed motion to dismiss and opposition to the petition for preliminary acts of herein petitioners.
injunction on the ground that the action was a suit against the United States, which - According to plaintiffs (herein respondents), defendants (herein petitioners) beat them up,
has not waived its non-suability, and that as officials/employees of the U.S. Air handcuffed them and unleashed dogs on them which bit them and caused them extensive
Force, defendants were also immune from suit. injuries.
- Trial Court denied the application for a writ of preliminary injunction as well as the motion to - According to defendants, the plaintiffs were arrested for theft and were bitten by the dogs
dismiss. because they were struggling and resisting arrest.
- Petitioners filed for certiorari and prohibition with preliminary injunction in the SC. - The United States of America and the individually named defendants moved to
dismiss the case and argued that the suit was in effect a suit against the United
G.R. No. 79470 States which has not given its consent to be sued. The defendants also claimed
- Genove filed a complaint for damages against Lamachia, Belsa, Cartalla and Orascion for immunity for acts done by them in the performance of their official functions.
his dismissal as cook in the U.S. Air Force Recreation Center at John Hay Air Station in - Trial court denied the motion to dismiss, as well as the motion for reconsideration.
Baguio City. After investigation, the ff: facts were ascertained: - Petitioners filed for certiorari and prohibition with preliminary injunction in the SC.
- Genove poured urine into the soup stock used in cooking vegetables served to club
customers. ISSUES
- Lamachia, as club manager, suspended Genove and referred the case to the Board of 1. WON the cases against the petitioners were suits against the United States, to which it has
Arbitrators, which found him guilty and recommended his dismissal. not consented
- Defendants, joined by the United States of America, moved to dismiss the 2. WON the individual petitioners may invoke immunity from suit by mere assertion that the
complaint, alleging that Lamachia, as an officer of the U.S. Air Force, was immune acts were done by them in the performance of their official functions as officers or agents of
from suit, and that the suit was in effect against the United States, which has not the United States
given its consent to be sued.
- Said motion was denied. HELD
1) Ratio If the case involves the state entering into a contract in the discharge of its - However, notwithstanding these considerations, complaint in the court below must still be
commercial, proprietary and private function, then the state will be deemed to have impliedly dismissed. Although suable, the petitioners are not liable because of the strength of evidence
consented to the suit. that they acted properly in terminating Genove for his disgusting offense.
Reasoning - Petition is granted, case against petitioners is dismissed.
- The rule that a state may not be sued without its consent now expressed in Article XVI, G.R. No. 80018
Section 3, of the 1987 Constitution, is one of the generally accepted principles of international - Individually-named petitioners were acting in the exercise of their official functions, and not in
law. their private or unofficial capacity.
- All states are sovereign equals and cannot assert jurisdiction over the other. - It follows that for discharging their duties as agents of the United States, they cannot be
- The rule says that a state may not be sued without its consent, which clearly imports that it directly impleaded for acts imputable to their principal, which has not given its consent to be
may be sued if it consents. sued.
- Consent may be express or implied. - Petition is granted, case against petitioners is dismissed.
- Express-embodied in a general or special law G.R. No. 80258
- Implied-when the state enters into a contract or it commences litigation - The court hesitates to make a conclusion because the record is too meager to indicate if the
- However, not all contracts operate as a waiver of non-suability—a distinction must be made individual petitioners were acting in the discharge of their official functions, or had actually
between contracts entered into in a state’s governmental and sovereign capacity or private, exceeded their authority.
proprietary and commercial capacity - Only after needed inquiry in the lower court shall have determined in what capacity the
- The latter implies waiver of non-suability, the former does not. individual petitioners were acting will the Court determine if the doctrine of state immunity is
* If it is not proven that the acts were done by the individual petitioners in the performance of applicable.
their official functions as officers or agents of the United States, then they may not invoke - Petition is dismissed and the respondent court is directed to proceed with the hearing and
immunity form suit. decision.
- The doctrine of state immunity is also applicable to complaints filed against officials of
the state for acts allegedly performed by them in the discharge of their duties. JUSMAG PHILIPPINES V. NLRC
- The fact that the acts were done by the individual petitioners in the PUNO; December 15, 1994
performance of their official functions as officers or agents of the United States is a
matter of evidence, and charges against them may not be dismissed just by mere assertion. FACTS
If the individual petitioners are found liable for personal torts in which the US itself is not - Florencio Sacramento was one of the 74 security assistance support personnel (SASP)
involved, then they alone must satisfy the judgment. working at JUSMAG Phils.; he had been with JUSMAG for more than 20yrs (1969-1992); was
2) Ruling: (Application of ratio in the different cases) dismissed on April 27, 1992
G.R. No. 76607 - He filed a complaint with the Dept. of Labor and Employment (March 31, 1992) on the
- Barbershops subject of the concessions granted by US are commercial enterprises operated ground that he was illegally suspended and dismissed; asked for reinstatement
by private persons. The contracts being decidedly commercial, petitioners cannot plead any - JUSMAG filed a Motion to Dismiss invoking its immunity from suit as an agency of US;
immunity. also alleged lack of employer-employee rel’p and it has no juridical personality to sue and be
- Petition is dismissed. sued
G.R. No. 79470 - Labor Arbiter Daniel Cueto dismissed complaint for want of jurisdiction
- Restaurant services offered at the John Hay Air Station partake of the nature of a business - NLRC reversed—JUSMAG had lost its right not to be sued based on: 1) estoppel- JUSMAG
enterprise undertaken by the US government in its proprietary capacity. Petitioners cannot failed to refute the employer-employee rel’p under the control test and 2) it has waived its right
invoke the doctrine of state immunity to justify the dismissal of the damage suit against them. to immunity from suit when it hired Sacramento’s services.
- NLRC relied on Harry Lyons vs. USA (“US Govt waived its immunity from suit by - It is apparent that when JUSMAG took the services of private respondent, it was
entering into a contract of stevedoring services, and thus, it submitted itself to the performing a governmental function on behalf of the US. Hence, the suit is, in effect, one
jurisdiction of local courts”) against the US Government.
- JUSMAG now contends that the NLRC committed grave abuse of discretion in - In this jurisdiction, Immunity of State is a universally accepted principle. Immunity is
reversing the labor arbiter’s decision, in saying that JUSMAG waived its immunity from understood as the exemption of the state and its organs from the judicial jurisdiction of
suit, in finding an employer-employee relp between JUSMAG and Sacramento, and in another state.
considering JUSMAG estopped from denying that respondent is its employee for failure - A state cannot be sued in the courts of another state, without its consent or waiver. An
to present proof. exception to the doctrine, however, was recognized in Santos, et al vs. Santos, et al:
“the state itself may be sued, even without its consent, because by entering into a
ISSUE contract, the sovereign state has descended the level of the citizen and its consent to be
Is the Joint United States Military Assistance Group to the RP (JUSMAG-PHIL) immune from sued is implied from the very act of entering into such contract.”
suit? - it was in this light that the state immunity issue in Harry Lyons vs. USA was decided
- Exception evolved: existence of contract does not, per se, mean that sovereign
HELD states may, at all times, be sued in local courts.
Ratio As it stands now, the application of the doctrine of immunity from suit has been - US vs. Ruiz: “...does not apply where the contract relates to the exercise of its
restricted to sovereign or governmental activities. The mantle of state immunity cannot be sovereign functions”
extended to commercial, private and proprietary acts. - US vs. Hon. Rodrigo, et al: “petitioners cannot invoke the doctrine of state
immunity...the reason is that by entering into the employment contract with Genove
Reasoning
in the discharge of its proprietary functions, it impliedly divested itself of its
- When JUSMAG took the services of Sacramento, it was performing a governmental function sovereign immunity from suit.”
on behalf of the US pursuant to the Military Assistance Agreement. The suit is, in effect, one - SASP are employees of the AFP as consistently contended by JUSMAG, thus it is not
against the US and, considering that the US has not waived or consented to the suit, the estopped from denying employer-employee relationship
complaint cannot prosper. Dispositive Petition for certiori is granted, resolution of NLRC is reversed and set aside
- Immunity of State from suit is one of the universally recognized principles of international law
that the Phils. Recognizes and adopts as part of the law of the land. This is anchored on the PNB V CIR
principle of sovereign equality of states (an equal has no power over an equal). FERNANDO; January 31, 1978
Discussion
- Historical Background of JUSMAG FACTS
- was created pursuant to the Military Assistance Agreement dated March 21, 1947 - Petitioner PNB received a notice of garnishment which was served upon its branch on QC by
between the Philippines and the US; primary task was to advise and assist the an authorized deputy sheriff of the court
Philippines on air force, army and naval matters *** What was sought to be garnished was the money of the People’s Homesite and Housing
- in 1991, US manifested its preparedness to provide funds to cover the salaries of SASP Corporation deposited at the petitioner’s branch in QC in order to satisfy the decision of the
and security guards, the rent of bldgs, and housing, and cost of utilities respondent court
- Memorandum of Agreement between AFP and JUSMAG-Phils - PNB filed a motion to quash the notice based on 2 grounds:
- Salaries- for security guards and SASP 1. the appointment of respondent Gilbert Lorenzo as authorized deputy sheriff to
- SASP are employees of the AFP; under the total operational control of the Chief serve the writ of execution was contrary to law
JUSMAG-Phils; AFP to assume the severance/retirement pay liability for all *** PNB contends that the service of notice by the authorized deputy sheriff of this court
appointed SASP contravenes Sec. 11 of Commonwealth Act No. 10523
23
“All writs and processes issued by the court shall be served and executed free of charge by provincial sheriffs or by any person authorized by this court, in
the same manner as writs and processes of Courts of First Instance
*** It argues that it is the sheriff of QC and not the Clerk of this court who is its Ex- up to the present date. Notice of the Sheriff's Sale of the mortgaged property was initially
officio Sheriff, that has the authority to serve the notice of garnishment and that the actual published in the Sunday Chronicle in its issue of July 14, 1968 announcing the sale at public
service of the latter officer of said notice is therefore not in order auction of the said mortgaged property. Despite plaintiff’s letter to defendant demanding the
2. the funds subject of the character “may be public in character” latter to withdraw foreclosure and discontinue the publication of the notice of sale of their
- COIR denied PNB’s motion to quash a notice of garnishment property claiming that plaintiffs were up-to date in the payment of their monthly amortizations,
defendant SSS still went on to publish second and third publications of foreclosure.
ISSUE - On July 24, 1968, the plaintiff Cruz spouses instituted before the Court of First Instance of
WON an order of Court of Industrial Relations (COIR) denying, for lack of merit, petitioner Rizal an action for damages and attorney's fees against the SSS and the Provincial Sheriff of
PNB’s motion to quash a notice of garnishment 24 can be stigmatized as a grave abuse of Rizal alleging, among other things, that they had fully and religiously paid their monthly
discretion. amortizations and had not defaulted in any payment. Trial Court rendered judgment against
defendant SSS. Court of Appeals affirmed Trial Court’s decision. Hence, this petition for
HELD review on certiorari.
No. There’s no grave abuse of discretion.
Ratio ISSUES
1. RA No. 4201 has already repealed Commonwealth Act No. 103, and under this law, it is (1) WON the Cruz spouses had, in fact, violated their real estate mortgage contract with the
now the Clerk of this Court that is at the same time the Ex-Officio Sheriff. Therefore, the Clerk SSS as would have warranted the publications of the notices of as would have foreclosure
of this Court has the authority to issue writs of execution and notices (2) WON the SSS is immune from suit
2. First, the tone in asserting this argument was even irresolute. And 2 nd, the People’s (3) WON SSS can be held liable for damages.
Homesite and Housing Corporation had a juridical existence enabling it to sue and be sued.
The premise that the funds spoken of are public in character may be accepted in the sense HELD
that it was government-owned. However, it does not follow that they were exempt from (1) Ratio On questions of appreciation of evidence, factual findings of the lower court are
garnishment. not subject to review by this Court.
Reasoning The reasoning used precedence to arrive at this ratio. Applying the rule, it can be
SSS v CA said therefore, that the findings of the Court of Appeals that the mortgage-debtors have not in
MELENCIO-HERRERA; February 21. 1983 fact violated their contract because SSS accepted their installment payments although given
late will not be disturbed on appeal.
FACTS (2) Ratio An entity performing governmental functions, by virtue of the explicit provision of
- In March 1963, spouses David B. Cruz and Socorro Cancio Cruz applied for and were an enabling law, is deemed to have waived immunity from suit, although it does not thereby
granted a real estate loan by the SSS with their residential lot located at Lozada Street, Sto. concede its liability.
Rosario, Pateros, Rizal covered by Transfer Certificate of Title No. 2000 of the Register of Reasoning Again, the leg of reasoning is ratio by precedence, citing Rayo v. Court of First
Deeds of Rizal its collateral. Pursuant to this real estate loan said spouses executed on March Instance of Bulacan, (110 SCRA 457), which involved the National Power Corporation as an
26, 1963 the corresponding real estate mortgage originally in the amount of P39,500.00 which entity performing governmental functions. In that case it said, “It is sufficient to say that the
was later increased to P48,000.00 covering said property. government has organized a private corporation, put money in it and has allowed it to site and
- On July 9, 1968, defendant SSS filed an application with the Provincial Sheriff of Rizal for the be sued in any court under its charter.” The enabling law is R.A. No. 6395. Applying this rule in
foreclosure of the real estate mortgage executed by the plaintiffs on the ground, among others the present case, the SSS’ own organic act specifically provides that it can sue and be sued in
that the conditions of the mortgage have been broken since October 1967 with the default on Court, the enabling law being R.A. 1161 and P.D. 24. Hence, there’s a statutory consent by
the part of the mortgagor to pay in full the installments then due and payable on the principal the SSS to waive right of immunity from suit.
debt and the interest thereon, and all of the monthly installments due and payable thereafter
24
Garnishment – a legal warning concerning the attachment of property to satisfy a debt
-- also the attachment of such property
(3) Ratio No moral and/or temperate damages is to be adjudged against a party which Total due from the government, including attorney’s fee of ten percent amounted to
commenced foreclosure proceedings in view of the irregular payments of the debtor of his P214,356.75.
installments. - Apparently, the court a quo, in revising upward the compensation, relied on Article 1250 of
Decision (1) The ruling of the lower courts remain. While it is true that the payments of the the New Civil Code which provides for payment of an obligation in an amount different from
monthly installments were previously not regular, it is a fact that as of June 30, 1968 the what has been agreed on because of the supervention of extra-ordinary inflation or deflation.
appellee, David B. Cruz and Socorro Concio-Cruz were up-to-date and current in the payment - The government, through the Solicitor General, appealed the decision contending that the
of their monthly installments. Having accepted the prior late payments of the monthly court a quo erred in applying its method and violated the high court’s order to make as a basis
installments, the appellant could no longer suddenly and without prior notice to the mortgagors of compensation the price or the value of the land when it was taken. The Solicitor General
apply for the extra-judicial foreclosure of the mortgage. also took issue with the award of ten percent as attorney’s fees as exhorbitant considering
(2) SSS is deemed to have waived its immunity from suit. that Amigable only sought P5,000.00.
(3) SSS cannot be held liable for damages.
Voting 10 justices concur, 1 dissent, 3 took no part. ISSUES
1. WON the compensation awarded by the court is proper
SEPARATE OPINION 2. WON the attorney’s fees awarded were exorbitant
FACTS Dispositive Judgment appealed is reversed as to the basis of determining the price of the
- Appeal from a decision of the Court of First Instance of Cebu land. And the price of P2.37 per square meter or total amount is P14,615.79 plus six percent
- The facts of the case is as per above except that the compensation determined is now the per annum interest reckoned from the time the property was taken to the time the
issue. The value of the property was pegged at P 2.37 per square meter based on the price compensation is paid.
used in the conveyance of several pieces of property in the same area at about the same
time. However, the court a quo in determining due compensation, considered the value of the GOVERNMENT
pesos to the dollar at the time the case was being decided. So instead of just P14,615.79 the
amount awarded became P49,459.34. (the original amount of 14,615.79 divided by 2 {the UNITED STATES V DORR
exchange rate at the time of the taking to be P2.00 to US$1.00} and the product being LADD; May 19, 1903
multiplied by 6.775). Based on this amount, the court determined interest to be P145,410.44.
FACTS
The defendants, Fred Dorr et al., have been convicted upon a complaint charging them with individual members, it contains no attack upon the governmental system by which authority of
the offense of writing, publishing, and circulating a scurrilous libel against the Government of the U.S. is enforced in these Islands. Furthermore, it is the character of the men who are
the United States or the Insular Government of the Philippine Islands. The complaint is based intrusted with the administration of the government that the writer is seeking to bring into
upon section 8 of Act No. 292 of the Commission 25. The alleged libel was published as an disrepute by impugning the purity of their motives, their public integrity, and their private
editorial in the issue of “Manila Freedom” of April 6, 1902. Virulent attacks on the Civil morals, and the wisdom of their policy. The publication of the article therefore, no seditious
Commission and its members, for instance the appointment of one Tecson as justice of the tendency being apparent, constitutes no offense under section 8 of Act No. 292)
peace and the branding of Trinidad H. Pardo de Tavera as a coward and a rascal, were Dispositive The judgment of conviction is reversed and the defendants are acquitted.
explicitly raised among others. Hence, this appeal.
TERRITORY
ISSUES ART I NATIONAL TERRITORY
1. What is meant in section 8 of Act No. 292 by the expression “the Insular Government of the
Philippines”?26 The national territory comprises the Philippine archipelago, with all the islands and water
2. Whether the article constitutes an offense under section 8 of Act No. 292? embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea,
HELD the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around,
1. Ratio The term “government” as employed in Act No. 292 of the United States Philippine between, and connecting the islands of the archipelago, regardless of their breadth and
Commission is used in the abstract sense of the existing political system as distinguished from dimensions, form part of the internal waters of the Philippines.
the concrete organism of the Government – the Houses of Congress and the Executive.
Reasoning There are two admissible meanings of the term “government” provided: a. in a REPUBLIC ACT NO. 3046
general and abstract sense, the existing laws and institutions of the Islands, or b. the An Act to Define the Baselines of the Territorial Sea of the Philippines
aggregate of the individuals by whom the Government of the Islands is, for the time being,
administered. The first admissible definition is derived from the act of (the U.S.) Congress on - Approved: 17 June 1961
July 14, 1798, commonly known as the Sedition Act) 27 Whereas clauses –
1. The following form part of territorial sea of the Phils:
2. Ratio The publication of an article can not be punished under Act No. 292 of the United All waters within limits set forth in Treaty of Paris (1898), US-Spain treaty (1900), and
States Philippine Commission as having seditious tendencies unless it has a tendency to US-Britain treaty (1930).
produce disaffection or a feeling incompatible with a disposition to remain loyal to the All waters around, between and connecting the various islands of the archipelago.
Government and obedient to its laws. All waters beyond outermost islands of archipelago but within limits of boundaries set
- The publication of an article abusive of the United States Philippine Commission and its forth in such treaties.
2. The baselines from which the territorial sea of Philippines is determined consist of straight
members is not a libel upon the Government and does not fall within said Act No. 292 of the
lines joining appropriate points of the outermost islands of the archipelago.
United States Philippine Commission.
Section 1 – It defines and describes the baselines for the territorial sea of the Phils.
Reasoning The article in question contains no attack upon the government system of the
Section 2 – All waters within the baselines provided in sec1 are considered inland or internal
U.S., and though grossly abusive as respects both the Commission as a body and some of its
waters of the Phils.
25
“Every person who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the Government of the United States or the
Insular Government of the Philippine Islands, or which tend to disturb or obstruct any lawful officer in executing his office, or which tend to instigate others to
cabal or meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which tend to stir up the people against the lawful REPUBLIC ACT NO. 5446
authorities, or to disturb the peace of the community, the safety and order of the Government, or who shall unknowingly conceal such evil practices, shall be
punished by a fine not exceeding two thousand dollars or by imprisonment not exceeding two years, or both, in the discretion of the court.” (Italics mine)
26
N.B. We need to answer this question first in order to be able to resolve the next issue. R.A. 5446 is simply an Act to correct typographical errors in Section 1 of R.A. 3046 defining
27
“It is made an offense to write, print, utter, publish or cause to procure to be written, printed, uttered, or published or to knowingly and willingly assist or aid the baselines of the territorial sea of the Philippines. It further says that the definition of the
in writing, printing, uttering, or publishing any false, scandalous, and malicious writing or writings against the Government of the United States, or the
President of the United States, with intent to defame the said Government, or either House of said Congress, or the said President, or to bring them, or either baselines of the territorial seas of the Philippine Archipelago as provided in this Act is without
of them, into contempt or disrepute, or to excite against them or either any of them the hatred of the good people of the United States…"
prejudice to the delineation of the baselines of the territorial sea around the territory of Sabah, - The President may authorize a government agency to promulgate rules for the purposes of
situated in North Borneo, over which the Republic of the Phils. has acquired dominion and this decree
sovereignty. Approved September 18, 1968. - Anyone who violates any provision of the decree shall be subject to a fine (P2,000-
P100,000) or imprisonment (6 mos – 10 yrs) or both. Vessels and other equipment or articles
PRESIDENTIAL DECREE NO. 1596 used shall be confiscated.
June 11, 1978 - Pres. Marcos issued P.D. 1596 declaring certain area (the Kalayaan Island PEOPLE
Group or more commonly known as the “Spratly Islands”) as Philippine territory as well as PREAMBLE
providing for its Government and Administration.
said area is vital to the security and economic survival of the Philippines and much We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just
of it is part of the continental margin of the Phil. archipelago and humane society and establish s Government that shall embody our ideals and
the area does not legally belong to any state or nation and by reason of history, aspirations, promote the common good, conserve and develop our patrimony, and secure to
indispensable need, effective occupation and control established in accordance with ourselves and our posterity, the blessings of independence and democracy under the rule of
international law, said area (including its sea-bed, subsoil, continental margin and air
law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and
space) must be deemed to belong to and subject to the sovereignty of the Phil.
promulgate this Constitution.
other states’ claims to some of the area cannot prevail over the claims of the
Philippines on legal, historical, and equitable grounds
named it “Kalayaan” and constituted it as a distinct and separate municipality of ART II DECLARATION OF PRINCIPLES AND STATE POLICIES
Palawan
administration and government shall be vested in the Secretary of National Defense Sec 1: The Philippines is a democratic and republican State. Sovereignty resides in the
or in other Civil govt. or AFP officers as may be designated by the Pres. people and all government authority emanates from them.
PRESIDENTIAL DECREE NO. 1599 Sec 4: The prime duty of the Government is to serve and protect the people. The
Establishing an Exclusive Economic Zone and for Other Purposes Government may call upon the people to defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided by law, to render personal, military or civil
- Exclusive Economic Zone (EEZ) is a seazone over which a state has special rights over the service.
exploration and use of marine resources – Wikipedia
- It extends from two hundred nautical miles beyond and from the baselines from which the Sec 15: The State shall protect and promote the right to health of the people and instill health
territorial sea consciousness among them.
- when it overlaps another EEZ, the common boundaries shall be determined by countries
- What can be exercised in EEZ? Sec 16: The State shall protect and advance the right of the people to a balanced and
o Sovereignty rights for the purpose of exploration and exploitation, conservation and healthful
management of the natural resources
o Exclusive rights and jurisdiction with respect to the establishment and utilization of
ART III BILL OF RIGHTS
artificial islands, off-shore terminals, installations and structures, the preservation of
the marine environment, including the prevention and control of pollution, and scientific
research Sec 2:
o Other rights recognized by international law or state practice Sec 7:
- It also restricts other countries from exercising the rights above in our EEZ.
- Recognizes that other countries have EEZs ART VII EXECUTIVE DEPARTMENT
Sec 4: - Lorenzo married Marta Reyes and their son Allan was born on May 17, 1915. The
birth certificate of Allan showed that his father was an Español father and to a mestiza
ART XVI GENERAL PROVISIONS Español mother.
Sec 2: Procedure
- In the January 19, 2004 hearing before the COMELEC, Fornier presented the following
ART XVIII TRANSITORY PROVISIONS pieces of evidence:
- Copy of the certificate of birth of FPJ
Sec 25: - Certified photocopy of an affidavit by Paulita Gomez-Poe attesting that she had filed
a bigamy case against Allan F. Poe because of his relationship with Kelley (in Spanish)
TECSON V. COMMISSION ON ELECTIONS English translation of (b)
VITUG; March 3, 2004 - Certified copy of the certificate of birth of Allan F. Poe
- Certification from the director of the Records Management and Archives Office
FACTS stating that a Lorenzo Poe/Pou resided in the Philippines before 1907
- On December 31, 2003, FPJ filed his certificate of candidacy for the position of President of - Certification from OIC of the Archives Division of the National Archives stating that
the Philippines under the Koalisyon ng Nagkakaisang Pilipino (KNP). there was no available information regarding the birth of Allan F. Poe
- In his certificate of candidacy, FPJ represented himself to be a natural-born citizen. - FPJ presented the following pieces of evidence among others:
- His real name was stated to be “Fernando, Jr.” or “Ronald Allan” Poe, born in Manila - Certification that there was no available information regarding the birth of Allan F. Poe
on August 20, 1939. in the registry of births for San Carlos, Pangasinan
- On January 9, 2004, Victorino X. Fornier filed a petition before the COMELEC to disqualify - Certification by the OIC of the Archives Division of the National Archives that there
FPJ and to deny due course or to cancel his certificate of candidacy on the ground that FPJ was no available information about the marriage of Allan F. Poe and Paulita Gomez
made a material misrepresentation in his certificate of candidacy by claiming to be a natural- - Certificate of birth of Ronald Allan F. Poe
born Filipino citizen. - Original Certificate of Title if the Registry Deeds of Pangasinan in the name of
- According to Fornier, FPJ’s parents were foreigners – his mother Bessie Kelley Poe Lorenzo Pou,
was an American and his father Allan F. Poe was a Spanish national being a son of - Copies of tax declarations under the name of Lorenzo Pou
Lorenzo Pou, a Spanish subject. - Copy of certificate of death of Lorenzo Pou
- Even if Allan F. Poe was a Filipino citizen, he could not have transmitted his Filipino - Copy of marriage contract of Fernando Pou and Bessie Kelley
citizenship to FPJ because FPJ was illegitimate. - Certification issued by the City Civil Registrar of San Carlos, Pangasinan stating that
- Allan F. Poe contracted a prior marriage to a certain Paulita Gomez before the records of the birth of the said office from 1900 to May 1946 were destroyed during
marrying Bessie Kelley according to an “uncertified” copy of a supposed World War II
certification of the marriage in July 5, 1936. - January 23, 2004 – COMELEC dismissed the Fornier petition for lack of merit and Fornier
- Even if no such prior marriage existed, Allan F. Poe married Bessey Kelley filed a motion for reconsideration on January 26, 2004. The motion was denied by the
only a year after the birth of FPJ. The marriage certificate of their marriage COMELEC en banc on February 6, 2004.
reflected the date of their marriage to be on September 16, 1940 where Allan - February 10, 2004 – Fornier filed a petition before the Supreme Court, praying for TRO, a
was 25, unmarried and Filipino, and Bessie was 22, unmarried and American. writ of preliminary injunction or any other resolution that would stay the finality and/or
- FPJ’s earliest established ascendant was his grandfather Lorenzo Pou. execution of the COMELEC resolutions.
- No birth certificate for Lorenzo but his death certificate issued upon his death in - The two other petitions (Tecson and Desidero v. COMELEC and Velez v. Poe) challenge the
September 11, 1954 at age 84 identified him as a Filipino residing in San Carlos, jurisdiction of the COMELEC and assert that only the Supreme Court has original and
Pangasinan. exclusive jurisdiction to resolve the basic issue on the case.
- The Tecson and Velez petitions make use of Art. 7, Sec 4(7) of the Constitution in
ISSUES assailing the COMELEC’s jurisdiction when it took cognizance of the Fornier petition
1. Does the Court have jurisdiction over the three cases filed? because the “Supreme Court sitting en banc shall be the sole judge of all contests
2. Can FPJ be disqualified as a presidential candidate on the ground that he materially relating to the election, returns and qualifications of the President or Vice President
misrepresented in his certificate of candidacy that he was a natural-born Filipino? and may promulgate its rules for the purpose.”
- A “contest” refers to a post-election scenario. Election contests are either election
HELD protests or a quo warranto which would have the objective of dislodging the winner
1. Ratio Jurisdiction issue from office. The Rules of the Presidential Electoral Tribunal state:
- The COMELEC’s decision on disqualified cases involving a presidential candidate - “Tribunal shall be the sole judge of all contests…relating to qualifications of the
could be elevated to and could be taken cognizance by the Supreme Court. President or Vice-President of the Philippines.” (Rule 12)
- The jurisdiction of the Supreme Court would not include cases directly brought before - “An election contest is initiated by the filing of an election contest or a petition
it questioning the qualifications of a candidate for the presidency or vice-presidency for quo-warranto against the President or Vice-President.” (Rule 13)
before the elections are held. - “Only the registered candidate for President or Vice-President who received the
Reasoning second or third highest number of votes may contest the election of the President
- Does the Court have jurisdiction over the three cases filed? or the Vice-President…by filing a verified petition…within 30 days after the
- Fornier petition - Yes proclamation of the winner.” (Rule 14)
- In seeking the disqualification of FPJ before the COMELEC, Fornier relied on the - The rules speak of the jurisdiction of the tribunal over contests relating to the election,
following: returns and qualifications of the President and the Vice President and not candidates
- “A verified petition seeking to deny due course or to cancel a certificate of for President or Vice-President.
candidacy may be filed by any person exclusively on the ground that any material
representation contained therein as required under Section 74 is false…” 2. Ratio FPJ’s citizenship issue (Voting 6 concur, 7 dissent, 1 abstention and 1 separate
(Omnibus Election Code, Sec. 78) opinion)
- “…the Commission shall have exclusive charge of the enforcement and - The distinctions between legitimacy and illegitimacy should only remain in the sphere
administration of all laws relative to the conduct of elections for the purpose of of civil law and should not unduly impinge on the domain of political law.
enduring free, orderly and honest elections…” (Sec. 52, same) - The 1935 Constitution confers citizenship to all persons whose fathers are Filipino
- “any interested party” authorized to file a verified petition to deny or cancel the regardless of whether such children are legitimate of illegitimate.
certificate of candidacy of any nuisance candidate (Art. 69, same) Reasoning
- Decisions of the COMELEC on disqualification cases may be reviewed by the - Can FPJ be disqualified as a presidential candidate on the ground that he materially
Supreme Court under the Revised Rules of Civil Procedure (Rule 65). Aside from that, misrepresented in his certificate of candidacy that he was a natural-born Filipino?
according to Art. 9, Sec. 7 of the Constitution, “any decision, order or ruling of each - Concept of citizenship
Commission may be brought to the Supreme Court on certiorari by the aggrieved - Aristotle described a citizen as a man who shared in the administration of justice and
party within thirty days from receipt thereof.” in the holding of an office and the state would be composed of such individuals in
- Judicial power is vested in the Supreme Court which includes the duty of the courts order to achieve a self-sufficient existence.
to settle actual controversies involving rights which are legally demandable and - Citizenship deals with rights and entitlements on the one hand and with concomitant
enforceable and to determine whether or not there has been grave abuse of discretion obligations on the other.
amounting to lack or excess of jurisdiction on the part of any branch of instrumentality - Citizenship underwent changes in the 18th to 20th centuries.
of the government. (Art. 8, Sec. 1, Constitution). - In the 18th century, the concept was civil citizenship which established the rights
- Tecson petition and Velez petition - No necessary for necessary for individual freedom (eg. Rights to property, personal
liberty and justice)
- In the 19th century, it expanded to include political citizenship which - An inhabitant who obtained Spanish papers on or before April 11, 1899.
encompassed the right to participate in the exercise of political power. - Controversy as to the citizenship of a child born between April 11, 1899 and July
- In the 20th century, there was the development of social citizenship which laid 1, 1902 as there was no citizenship law in the Philippines. The common law
emphasis on the right of the citizen to economic well-being and social security. principle jus soli (principle of territoriality) was said to govern those born in the
- Internationalization of citizenship is an ongoing development. Philippines during this time.
- Philippine Autonomy Act (Jones Law) – A native born inhabitant of the Philippines
- Citizenship in the Philippines from the Spanish times to the present was deemed to be a citizen of the Philippines as of April 11, 1899 if:
- During the Spanish period, no such term as “Philippine citizens,” only “Spanish - A Spanish subject on April 11, 1899
subjects.” In church records, natives were identified as “indios.” - Residing in the Philippines on the said date
- Spanish laws on citizenship included: - Since that date, not a citizen of another country
- Order de la Regencia of 1841 - 1935 Constitution – provided that jus sanguinis (blood relationship) be the basis for
- Royal Decree of 23 August 1868 (defined the political status of children born citizenship, as stated in Sec. 1, Art. 3:
in the Philippines) - Those who are citizens of the Philippine Islands at the time of the adoption of
- Ley Extranjera de Ultramar of 1870 the Constitution
- The 1876 Spanish Constitution was not extended to the Philippines because the - Those born in the Philippine Islands of foreign parents who, before the adoption
colony was to be governed by special laws. of this Constitution, had been elected to public office in the Philippine Islands
- According to the Civil Code of Spain, the following were Spanish citizens: - Those whose fathers are citizens of the Philippines
- Persons born in Spanish territory - Those whose mothers are citizens of the Philippines and upon reaching the age
- Children of a Spanish father or mother even if they were born outside Spain of majority, elect Philippine citizenship
- Foreigners who have obtained naturalization papers - Those who are naturalized in accordance with law
- Those who, without such papers, may have become domiciled inhabitants of - 1973 Constitution – Corrected Sec. 1, Art. 3 (4) of the 1935 Constitution, which, when
any town of the Monarchy taken together with the existing civil law provisions would provide that women would
- Article 10 of the Treaty of Paris stated that the civil and political status of the native automatically lose their Filipino citizenship and acquire that of their foreign husbands.
inhabitants would be determined by the US Congress. Spanish subjects and natives This was deemed discriminatory in that it incapacitated the Filipino woman from
who choose to remain in the territory may preserve their allegiance to the Crown of transmitting her citizenship to her legitimate children and required illegitimate children
Spain by making a declaration of their decision within a year from the date of the of Filipino mothers to still elect Filipino citizenship upon reaching the age of majority.
ratification of the treaty. If no such declaration is made, their allegiance shall be held The provisions of Sec. 1, Art. 3 of the 1973 Constitution state that the following are
renounced and they would have adopted the nationality of the territory in which they citizens of the Philippines:
reside. - Those who are citizens of the Philippines at the time of the adoption of this
- Upon ratification of the treaty, the native inhabitants of the Philippines became Constitution
Spanish subjects. - Those whose fathers or mothers are citizens of the Philippines
- They did not become American citizens but were issued passports describing - Those who elect Philippine citizenship pursuant to the provisions of the 1935
them to be citizens of the Philippines entitled to protection of the US. Constitution
- Philippine Organic Act of 1902 – first appearance of the term “citizens of the - Those who are naturalized in accordance with law
Philippine islands.” A citizen of the Philippine islands under this Act was: - Add Sec. 2 of the same article which provided that a female citizen of the
- An inhabitant of the Philippines and a Spanish subject on April 11, 1899. Philippines who marries an alien retainers her Philippine citizenship unless by her
- An inhabitant meant: act or omission she is deemed to have renounced her citizenship under the law.
- A native born inhabitant
- An inhabitant who was a native of Spain
- 1987 Constitution – aimed to correct the irregular situation generated by the of official duty in the preparation of the statement made. The penalty
questionable proviso in the 1935 Constitution which outlines in Article 4, Sec. 1 that affixed to a breach of that duty. Routine and disinterested origin of most
the following are Filipino citizens: such statements. Publicity of the record which makes more likely the prior
- Those who are citizens of the Philippines at the time of the adoption of this exposure of such errors as might have occurred
Constitution - It is safe to assume that Lorenzo Pou’s place of residence at the time of death
- Those whose fathers and mothers are citizens of the Philippines was the same as his residence before death in the absence of evidence that
- Those born before January 17, 1973 of Filipino mothers who elect Philippine would attest otherwise. In that case, Lorenzo Pou would have benefited from
citizenship upon reaching the age of majority the “en masse Filipinization” that the Philippine Bill effected in 1902. This
- Those who are naturalized in accordance with law. citizenship would then extend to his son Allan F. Poe, FPJ’s father.
- Lorenzo born sometime in 1870 during the Spanish colonization period.
- The Constitution requires that the President of the Philippines should be, among the - Fornier argues that Lorenzo was not in the Philippines during the crucial
many requirements, a natural-born citizen of the Philippines (Art. 7, Sec. 2). period of 1898 to 1902 but there is no existing record to attest to that
- Natural born citizen – citizens of the Philippines from birth without having to perform claim.
any act to acquire or perfect their Philippine citizenship - Fornier failed to show that Lorenzo was out of the country during that
- Citizenship of FPJ in relation to grandfather Lorenzo Pou’s citizenship and father same time period.
Allan F. Poe’s citizenship - Lorenzo’s residence at the time of death was in San Carlos, Pangasinan.
- Allan F. Poe was a Filipino citizen because his father Lorenzo was also Filipino. - For proof of filiation or paternity, the mandatory rules of civil law would not apply
- Conclusions with some degree of certainty to be drawn from the documents in this case. The duly notarized declaration by Ruby Kelley Mangahas, FPJ’s
presented: maternal aunt and sister of his mother Bessie, proving the acts of Allan F. Poe,
- The parents of FPJ were Allen Poe and Bessie Kelley. recognizing his own paternal relationship with FPJ (living with Bessie and the
- FPJ was born to them on August 20, 1939. children in one house as one family) would be accepted.
- Allan F. Poe and Bessie Kelley were married to each other on September - Fornier argues that the mandatory rules under civil rule should apply because
16, 1940. FPJ was an illegitimate son.
- The father of Allan F. Poe was Lorenzo Pou. - Acknowledgement needed to establish paternity (eg. Acknowledgement
- At the time of his death on September 11, 1954, Lorenzo Poe was 84 in the birth certificate by signing name)
years old. - In the FPJ case, there was no signature of Allan F. Poe in the birth
- The public documents submitted are deemed trustworthy. certificate of FPJ.
- The three documents (birth certificate of FPJ, marriage certificate of - 1950 Civil Code – acknowledgement of illegitimate children of three
Bessie and Allan and the death certificate of Lorenzo) were certified true types which had to be done during the lifetime of the presumed parent:
copies of the originals. - Voluntary (expressly made in record birth, will or a statement before
- The Rules of Court (130, Section 3) state that when the subject of the the court in authentic writing)
inquiry is the content of the document, no evidence shall be admissible - Legal (in favor of full blood brothers and sisters of an illegitimate
except the original document itself. One of the exceptions however is child who was recognized as natural)
when the original is a public record in the custody of a public office is - Compulsory (demanded generally in cases when the child had in
recorded in a public office. his favor any evidence to prove filiation)
- As public documents, the three documents are prima facie proof of their - The Family Code has liberalized the rules as stated in Articles 172,
contents as stated in the Rules of Court (130, Section 44) that the entries 173 and 175 and the rules have retroactive effect (Article 255).
in official records made by a public officer in the performance of his duty These provisions are there to govern the private and personal affairs
are prima facie evidence of the facts stated therein. This is grounded on:’
of the family. There is little indication that this should also govern his 1. The evidence does not establish conclusively FPJ’s citizenship but the evidence
political rights. preponderates in his favor to hold that he could not be guilty of misrepresentation in his
- This should be taken in the context of civil law, being that branch of law which certificate of candidacy. Fornier v. COMELEC DISMISSED for failure to show grave abuse of
is concerned with the organization of the family and regulation of property. discretion on the part of the COMELEC for dismissing the original petition.
The relevance of citizenship is exemplified in Art. 15 of the Civil Code. 2. Tecson v. COMELEC and Velez v, Poe DISMISSED for want of jurisdiction.
- The proof of filiation for purposes of determining citizenship status should be
deemed independent from those prescribed for civil code purposes. The SEPARATE OPINION
ordinary rules should govern.
- DNA testing to prove paternity could also be resorted to. PUNO
- There is no jurisprudence to prove that an illegitimate child cannot inherit his father’s Jurisdiction
citizenship. - SC is unanimous on the issue of jurisdiction
- Fornier argues that even if Allan F. Poe were Filipino, Allan’s citizenship would - Tecson and Valdez petitions – petitioners cannot invoke Art VII S4 of the Constitution
not have been transmitted to FPJ because FPJ was illegitimate. because the word “contest” means that the Court can only be invoked after the
- FPJ was alleged to be illegitimate because of the bigamous marriage between election and proclamation of a President or Vice President. There can be no “contest”
his parents Allan and Bessie for the reason that Allan allegedly had a prior before a winner is proclaimed.
existing marriage to a certain Paulita Gomez. The Court held that the veracity of - Fornier petition – as a review under R64 in relation to R65 of the RoC, Court has
this marriage between Paulita and Allan is doubtful. jurisdiction.
- Fornier also contended that even if Allan and Bessie’s marriage was not - COMELEC did not commit grave abuse of discretion when it ruled that petitioner failed to
bigamous, FPJ was still illegitimate because his parents were married after he prove by substantial evidence that FPJ deliberately misrepresented that he is a natural-born
Filipino citizan in his CoC
was born. Fornier based his arguments on the cases of Morano v. Vivo,
- Certiorari power of the SC to review COMELEC decisions is a limited power
Chiongbian v. de Leon and Serra v. Republic.
- Can only reverse or change the COMELEC decision on the ground that COMELEC
- In the cases cited above, it is important to note the lis mota in each case.
committed grave abuse of discretion (despotic, arbitrary or capricious)
If the pronouncement of jus sangunis was in the lis mota, it would
- The ruling of the COMELEC denying the petition to disqualify respondent Poe is based on
constitute doctrine courtesy of stare decisis. If not, it is mere obiter
substantial evidence, hence is not despotic, whimsical or capricious
dictum.
- Romualdez-Marcos v COMELEC – misrepresentation must not only be material but
- In all of the mentioned cases, there was no jus sanguinis in the lis mota
also deliberate and willful
of the cases. If there was jus sangunis mentioned, it was mere obiter
- Petitioner has burden to prove evidence to show that (1) respondent made
dictum.
misrepresentation in his CoC, (2) that misrepresentation is material to the position to
- The pronouncement that an illegitimate child cannot inherit the father’s
which he is candidate and (3) that material misrepresentation was made deliberately
citizenship has no textual basis in the Constitution and violates the equal
and willfully
protection clause.
- Analysis of petitioner’s evidence
- For jurisprudence that regarded an illegitimate child to inherit the mother’s
- Certificate of birth – only proved the date of birth of FPJ, not that he is not a natural-
citizenship, it was there to ensure a Filipino nationality for the child with the
born citizen
assumption that the mother would gain custody.
- Sworn statements of Paulita Gomez charging Allan Poe with bigamy and marriage
- The 1935 Constitution applies to FPJ since he was born during that time period
license of between Allan Poe and Paulita Gomez, presented thru Dir. Manapat – pulled
and it states that Filipino citizens include those whose fathers are citizens of the
out because they were fabricated
Philippines.
- Respondent submitted affidavits that show that the files submitted by the
petitioner are fabricated by Manapat’s instructions
Decision
- Petitioner claims that the affidavits must not be considered because of technical - “The right to run for public office includes the right to equal chance to compete. The
grounds right to run is empty if the chance to win is diminished of denied a candidate.
- SC ruled that the COMELEC is a quasi-judicial body and are not bound by the - To avoid delay, the court should itself decide the issue and declare respondent Poe as a
technical rules of evidence. natural-born citizen on the basis of the evidence adduced before the COMELEC
- Birth certificate of Allan Poe – also fabricated; does not prove anything besides birth - Whether respondent Poe is illegitimate is irrelevant in determining his status as natural-born
- Certification of Dir. Manapat that the National Archives has no record that Lorenzo citizen --- that is the law.
Pou entered or resided in the Philippines before 1907 – manufactured - The law does not make any distinction in applying jus sanguinis to illegitimate
- Certification of Estrella Domingo, OIC Archives Div that the Register of Births that children.
there is no information on the National Archives on the birth of Allan Poe to the spouse - Morano v Vivo – WON the stepson was to file the natural cerebral house.
Lorenzo Pou and Marta Reyes – lack of information is not proof - Chiongbian v de Leon – a legitimate son whose father became Filipino because of
- Poe from the time of his involuntary birth has always conducted himself as Filipino election to a public office before the 1935 constitution
- “For failure of the petitioner to discharge the burden of proof, Poe is entitled to an - Serra v Republic – an illegitimate son of a Chinese father and a Filipino mother
outright dismissal of the Fornier petition.” Poe does not need to present contrary - Paa v Chan – Quintin claims that his father is Filipino because his grandmother is a
evidence for the burden of proof is not shifted to him. Filipina. The court ruled that since there is no proof that his grandmother is Filipino
- Assuming that COMELEC gravely abused its jurisdiction and the issue of whether then his father is not Filipino thereby not making him Filipino as well. The court’s ruling
respondent Poe is a natural-born citizen Filipino should now be resolved, the Fornier petition should have stopped here but the SC followed with an obiter dictum that even if
need not be remanded to the COMELEC for further reception of evidence Quintin’s father were Filipino, he would not be Filipino because he was illegitimate.
- Remand to the COMELEC to give the petitioner a second opportunity to prove his case is a - The statements on the illegitimate child were unnecessary and were just obiter
palpable error dicta and not ratio decidendi, therefore do not constitute stare decisis.
- “In light of these erudite opinions of our amici curae, it is daylight clear that petitioner - Obiter dicta do not establish doctrine even if repeated endlessly.
Fornier is not only wring with his facts but also wrong with his law. - Reasons why court should create new doctrine:
- Remand means a new round of litigation in the COMELEC when its proceedings - There is no textual foundation
have long been closed and terminated; to give another chance to prove facts which he - It violates the equal protection clause
failed to prove before - People v Cayat – established the doctrine on constitutionally allowable
- Favors of remand cannot be extended to the litigant because of political neutrality distinctions. Such distinction must be germane to the purpose of the law.
- Remand will change the nature of a Sec 78 proceeding by judicial legislation, hence, - Tan Chong v Secretary of Labor – “The duty of this Court is to forsake and
unconstitutional abandon any doctrine or rule found to be in violation of the law in force.”
- Principal issue: whether respondent deliberately made a material misrepresentation - Ubi les non distinguit ne nos distinguere debemus , especially if the distinction
in his CoC when he wrote that he is a natural-born Filipino citizen has no textual
- Remanding the case to COMELEC will change the character of a S78 proceeding - Merlin Magallona – transmissive essence of citizenship
(WON FOJ is a natural-born Filipino citizen will be the main issue and not just an issue - To establish that respondent Poe is a natural-born citizen, all that is needed is proof of his
incidental to the issue of material misrepresentation) filiation to his father Allan Poe, a Filipino citizen --- that is the critical fact.
- SC cannot engage in judicial legislation as it is something only legislature can - Filipino citizenship of Allan Poe, respondent’s father is well established.
change by another law - To disqualify respondent Poe because he is illegitimate will violate our treaty obligation.
- Remand will violate respondent Poe’s right to due process, hence, unconstitutional Dispositive Whether respondent Fernando Poe, Jr. is qualified to run for President involves
- If case were remanded to the COMELEC, the body is no longer an impartial tribunal a constitutional issue but its political tone is no less dominant. The Court is split down the
is there are three of the seven members of the commission that have given firm view middle on the citizenship of respondent Poe, an issue of first impression made more difficult
that Poe is not a natural-born Filipino citizen by the interplay of national and international law. Given the indecisiveness of the votes of the
- Remand will delay the resolution of the issue of whether respondent Poe is qualified. Delay members of this Court, the better policy approach is to let the people decide who will be the
will also prejudice his candidacy and will favor his political opponents. next President. For on political questions, this Court may err but the sovereign people will not.
To be sure, the Constitution did not grant to the unelected members of this Court the right to - SC can take cognizance of issue of WON COMELEC committed grave abuse of
elect in behalf of the people. discretion amounting to lack or excess of jurisdiction in the challenged resolution by
IN VIEW WHEREOF, the petitions in G.R. Nos. 161434, 161634 and 161824 are virtue of (ArtVIII S1 Consti)
DISMISSED. WON FPJ is a natural-born Filipino Citizen
Facts:
DAVIDE 1. FPJ was born on 20 August 1939 in Manila, Philippines.
FACTS 2. FPJ was born to Allan Poe and Bessie Kelley.
- January 9, 2004 – Fornier filed petition to disqualify FPJ and to cancel his certificate of 3. Bessie Kelley and Allan Poe were married on 16 September 1940.
candidacy for the May 10 elections because of he is not a natural-born Filipino citizen 4. Allan Poe was a Filipino because his father, Lorenzo Poe, albeit a Spanish subject, was not
- January 23, 2004 – COMELEC dismissed the case declaring that its jurisdiction is limited to shown to have declared his allegiance to Spain by virtue of the Treaty of Paris and the
all matters relating to election, returns and qualifications of all elective regional, provincial and Philippine Bill of 1902.
city officials, but not those of national officials like the president.
- but it has jurisdiction to pass upon the issue of citizenship of national officials under Ratio For the purposes of citizenship, an illegitimate child whose father is Filipino and
sec 78 of OECon petitions to deny due course or cancel certificates of candidacy on whose mother is an alien, proof of paternity or filiation is enough for the child to follow the
the ground of false material representation. citizenship of the father
- Findings: COMELEC did not commit any grave abuse of discretion in holding that FPJ is a Filipino
- Fornier evidence is not substantial citizen pursuant to Art IV S1 per 3 consti. The provision did not make any distinction between
- FPJ did not commit any falsehood in material representation when he stated legitimate and illegitimate children of Filipino fathers.
that he is a natural-born Filipino citizen Petitions are dismissed.
- Tecson and Desiderio, Jr prayed special civil action of certiorari under R65 RoC to challenge
jurisdiction of COMELEC over the issue of FPJ’s citizenship. They claim that only the Sc has SANDOVAL-GUTIERREZ
jurisdiction (ArtVII S4, consti) May court exercise judicial power to disqualify a candidate before the election?
- January 29, 2004 - Velez filed petition with the ff issues: - Court may not. It will wreck the constitutional right of the people to choose their candidates.
- Whether COMELEC has jurisdiction over the petitions to deny due course or cancel Romualdez-Marcos v COMELEC
certificated of candidacy of Presidential candidates - Mr. Justice Vicente V. Mendoza, a retired member of this Court, in his Separate Opinion said,
- Whether SC has jurisdiction over the petitions of Tecson, Velez and Fornier “In my view, the issue in this case is whether the Commission on Elections has the power to
- Whether FPJ is a Filipino citizen, and if so, if he’s a natural-born Filipino citizen disqualify candidates on the ground that they lack eligibility for the office to which they seek to
Jurisdiction be elected. I think that it has none and that the qualifications of candidates may be
- Tecson and Velez petitions questioned only in the event they are elected, by filing a petition for quo warranto or an
- The provision in the constitution only refers to past-election remedies, they should election protest in the appropriate forum.”
have resorted to pre-election remedies in the OEC which are implemented by the - Ruling of COMELEC is the same as Mandoza opinion.
COMELEC Rules of Procedure - Disqualifying respondent Poe will be viewed as directed against the “masses,” a situation not
- Pre-election remedies are not within the jurisdiction of the SC allowed by the Constitution. The SC may become like the Iranian Guardian Council.This
- Under the OEC, COMELEC has original jurisdiction to determine whether a Court, as the last guardian of democracy, has the duty to protect the right of our nation to a
candidate for an elective office ineligible for the office for which he filed his certificate genuine, free and fair election.
of candidacy because of any of the recognized grounds for disqualification.
- Fornier petition Whether the COMELEC committed grave abuse of discretion in dismissinG Fornier’s
- SC has jurisdiction over the case under (Art IX-A S7 Consti ) petition for disqualification against respondent
- Salcedo v COMELEC – the only instance when a petition raising the qualifications of a
registered candidate is before election (S78 OEC)
- To justify the cancellation of CoC, false representation mentioned must pertain to - In re Bosque – expiration of the term of 18 months without making an express declaration of
material matter intention to retain their Spanish nationality resulted in the loss of the latter and thereby
- There must be deliberate attempt to mislead, misinform, or hide fact which would becoming subjects of the new sovereign in the same manner as the natives of these islands
render a candidate ineligible - Palanca v Republic –
- Fornier petition brought under R65 RoCP – where COMELEC acted with grave abuse of - “A person, who was an inhabitant of the Philippine Islands and a naturalized subject
discretion in Jan 23 and Feb 6 resolutions holding that “considering the evidence presented by of Spain on the 11th day of April 1899, is a Filipino citizen, by virtue of the provisions of
the petitioner is not substantial, we declare that the respondent did not commit any material Sec. 4 of the Act of Congress on 1 July 1902 and of Sec. 2 of the Act of Congress of
misrepresentation when he stated in his CoC that he is a natural born Filipino citizen” 29 August 1916. Under the Constitution, he is also a citizen of the Philippines
Allegations in the COMELEC petition: because he was such at the time of the adoption of the Constitution.”
1. Respondent Poe committed false material representation by stating in his Certificate - Constitution did not specify in referring to those whose fathers are Filipino citizens as
of Candidacy that he is a natural born Filipino citizen; and to whether this only applies to legitimate children or not.
2. He knowingly made such false representation. - Ubi lex non distinguit nec nos distinguere debemus , especially if the distinction has
- FPJ is not a citizen because both his parents are aliens.
no textual foundation in the Constitution, serves no state interest, and even imposes
- Director Manapat of the National Archives falsified the marriage contract of FPJ’s
an injustice on an innocent child. (Fr Bernas)
parents and his father’s birth certificate.
- To introduce a distinction between legitimacy or illegitimacy in the status of the child
- Ei incumbit probation qui decit, non que negat . – he who asserts, not he who denies, vis-à-vis the derivation of his citizenship from the father defeats the transmissive
must prove; S1 R131 RroE; Borlongan v Madrideo – burden of proof is on the party
essence of citizenship in blood relationship. (Dean Merlin Magalona)
asserting the affirmative of an issue
In fine, I reiterate that the COMELEC did not gravely abuse its discretion in rendering its
- Fornier failed to prove allegations; writ of certiorari can only be granted if it can be assailed Resolutions dated January 23, 2004 and February 6, 2004.
proven that COMELEC committed a grave abuse of discretion; WHEREFORE, I concur with Justice Jose C. Vitug in his ponencia and with Senior Justice
-Grave abuse of discretion – capricious and whimsical exercise of judgment so Reynato S. Puno in his Separate Opinion DISMISSING Fornier’s petition
patent and gross that it amounted to an evasion of positive duty or to a virtual
refusal to perform the duty enjoined or to act at all in contemplation of law CARPIO-MORALES
- We cannot discern from the records any indication that the COMELEC gravely abused its Issues for Resolution:
discretion in dismissing Fornier’s petition. Indeed, his availment of the extraordinary writ of 1) Whether this Court has original and exclusive jurisdiction to pass upon the qualifications of
certiorari is grossly misplaced.
presidential candidates;
Whether the respondent committed a material and false representation when he declared in
his CoC that he is a natural-bron Filipino citizen 2) Whether the COMELEC acted with grave abuse of discretion when it issues its Resolutions
- COMELEC held that the FPJ did not commit any material misrepresentation in his CoC of Jan. 23, 2004 and Feb. 6, 2004, dismissing the Petition for Disqualification;
because his father is a Filipino by virtue of jus sanguinis and under the 1935 constitution. 3) Whether FPJ is a natural-born Filipino and therefore qualified to seek election as President.
- Valles v COMELEC – Philippine law on citizenship adheres to jus sanguinis
- FPJ is Filipino citizen, having been born to a Filipino father 1) Jurisdiction:
- Petitioners claim that Allan Fernando Poe is a citizen of Spain because his - Petitions in G.R. Nos. 161464 and 161634
- Marriage Contract with Paulita Gomez shows that his parents are citizens of Spain. - Petitioners Tecson et al. and Velez assert that this Court has exclusive original
- The marriage certificate was shown to have been falsified. jurisdiction to determine whether FPJ is qualified to be a candidate for President:
- Fornier did not dispute that Allan Fernando Poe is the father of FPJ paragraph 7, Section 4 of Article VII of the Constitution:
- Allan’s father, Lorenzo Pou is a Spanish subject and an inhabitant of the Philippines - The Supreme Court, sitting en banc , shall be the sole judge of all
on April 11, 1899 when Spain ceded the Philippines (Treaty of Paris, Phil Bill 1902 and contests relating to the election, returns, and qualifications of the
Jones Law) President or Vice-President, and may promulgate its rules for the purpose.
- refers to this Court’s jurisdiction over electoral contests relating to the
election, returns and qualifications of the President, and not to the
qualifications or disqualifications of a presidential candidate. FPJ is still just a and held that held that Fornier should have presented “proof of misrepresentation
candidate; petition: premature. with a deliberate attempt to mislead” on the part of FPJ— confined the issue in the
- Petitioners Tecson et al. and Velez claim that the issue of FPJ’s qualification for the Petition for Disqualification to whether FPJ “must have known or have been aware
Presidency may also be brought directly to this Court on the basis of Section 1 of of the falsehood as [allegedly] appearing on his certificate.”
Article VIII of the Constitution through a petition for certiorari under Rule 65 of the - Carpio-Morales: it is impossible for the COMELEC to determine whether FPJ was
Rules of Court, specially considering that the instant case is one of transcendental aware of a false material representation in his Certificate of Candidacy without first
importance. determining whether such material representation (in this case, his claim of natural-
- a petition for certiorari under Rule 65 of the Rules of Court is not available born citizenship) was false. The fact alone that there is a public document ( i.e., his
where there is another plain, speedy and adequate remedy in the ordinary birth certificate) which FPJ might have relied upon in averring natural-born
course of law—like in this case: (to intervene in the Petition for Disqualification) citizenship does not automatically exclude the possibility that (a) there is other
- in determining whether procedural rules, such as standing, should be relaxed evidence to show that such averment is false, and (b) that FPJ was aware of such
on the ground of “transcendental importance,” the following should be evidence.
considered: the lack of any other party with a more direct and specific interest 3) Whether FPJ is a natural-born Filipino
in raising the questions being raised. Considering that the substantive issues - Five crucial factual questions
raised by petitioners Tecson et al. and Velez in G.R. Nos. 161434 and 161634, (1) Whether Lorenzo Pou has been established to be a Filipino citizen at the time of the
respectively, are virtually identical to those raised by petitioner Fornier in G.R. birth of his son, Allan F. Poe;
- the evidence presented does not show that Lorenzo Pou acquired Philippine
No. 161824, this Court is not convinced that the “transcendental importance” of
citizenship by virtue of the Treaty of Paris or the Organic Acts covering the
the issues raised herein justifies a direct resort to this Court under Rule 65 of Philippine Islands. (no evidence as to his residence, only prima facie evidence.)
the Rules of Court or the exercise of its expanded certiorari jurisdiction under (2) Whether Allan F. Poe, the putative father of FPJ was a Filipino at the time of the birth
Sec. 1, Article VIII of the Constitution. of the latter;
- Petition in G.R. No. 161824 - Claim: Allan F. Poe acquired Filipino citizenship independently of his father’s by
- this Court definitely has jurisdiction over the petition for Certiorari questioning the virtue of jus soli, Allan F. Poe having been allegedly born in the Philippines on
Resolutions of Jan. 23, 2004 and Feb. 6, 2004, issued by COMELEC: Section 7 of November 27, 1916.
- even assuming arguendo that Allan F. Poe was born in the Philippines on
Art. IX-A of the Constitution vests this Court with the power of review over decisions,
November 27, 1916, such fact, per se, would not suffice to prove that he was a
orders, or rulings of the COMELEC. citizen of the Philippine Islands absent a showing that he was judicially declared to
- COMELEC’s Jurisdiction Over the Subject Matter of the Petition for Disqualification be a Filipino citizen: In Tan Chong v. Secretary of Labor, this Court ruled that the
Under Section 78 of the Omnibus Election Code. principle jus soli or acquisition of citizenship by place of birth was never extended or
- not really a constitutional question… applied in the Philippine Islands:
2) Whether The COMELEC Acted with Grave Abuse of Discretion in Dismissing the (3) Whether FPJ is a legitimate or illegitimate child;
Petition for is qualification for Lack of Merit. - FPJ’s birth certificate indicates that his parents were married, and that he is a
- the COMELEC did indeed act with grave abuse of discretion in issuing them: legitimate child. However, the Marriage Contract of his putative parents, Fernando
- By resolving to dismiss the petition in the Petition for Disqualification without stating the R. Pou and Bessie Kelley, is dated September 16, 1940, thereby indicating that he
factual bases therefore: was born out of wedlock. Since, in the Marriage Contract, the two contracting
- Section 14, Article VIII of the Constitution provides that “[n]o decision shall be parties, Allan F. Poe and Bessie Kelley, participated in its execution, the entry
therein with respect to the date of their marriage should be given greater weight
rendered by any court without expressing therein clearly and distinctly the facts and
than the birth certificate, which was executed by a physician who had to rely on
the law on which it is based.” hearsay as regards FPJ’s legitimacy.
- By resolving to dismiss the Petition for Disqualification without ruling categorically on - FPJ was born out of wedlock, and was thus an illegitimate child at birth.
the issue of FPJ’s citizenship. (4) Whether Allan F. Poe has been legally determined to be the father of FPJ (Assuming
- To justify its evasion of the duty to rule squarely on the issue of citizenship, the arguendo that Allan F. Poe has been shown to have acquired Philippine citizenship)
COMELEC relies on this Court’s ruling in Salcedo II v. Commission on Elections,
- As proof of his filiation, FPJ relies upon (1) the stipulation by petitioner Fornier, - OSG commented that Ching being the “legitimate child of a Chinese father and a Filipino
both before the COMELEC and this Court that Allan F. Poe is indeed the father of mother and born under the 1935 Consti was a Chinese citizen and continued to be so, unless
FPJ; (2) the declaration of Ruby Kelley Mangahas; and (3) a certified copy of an upon reaching the age of majority he elected Phil citizenship. If Ching formally elects Phil
affidavit of “Fernando R. Poe” for Philippine Army Personnel.
citizenship, it would already be beyond the reasonable time allowed by present jurisprudence
- none of the proofs supplied are sufficient proofs of filiation under Article 172 of the
Family Code. - Two conditions of an effective election of Phil citizenship (from OSG):
(5) Whether FPJ is a natural-born Filipino Citizen. 1st – the mother of the person making the election must be a Phil citizen
- Carpio-Morales adopts the rule that an illegitimate, child of an alien-mother 2nd – election must be made upon reaching the age of majority (w/c means a reasonable
who claims to be an offspring of a Filipino father may be considered a natural-born time interpreted by the Sec of Justice as 3 yrs, from the Velayo case; in Cuenco, noted
citizen if he was duly acknowledged by the latter at birth , thus leaving the that this pd not inflexible, however, held in the same case that 7 yrs not reasonable time)
illegitimate child with nothing more to do to acquire or perfect his citizenship (nothing - Ching, to support his cause, invokes these special circumstances: continuous and
more to do to acquire citizenship = natural born).
uninterrupted say in the Philippines, being a CPA, a registered voter, and elected public official
- no evidence has been submitted to show that Allan F. Poe did indeed acknowledge
FPJ as his own son at birth
ISSUE
- Since FPJ then was born out of wedlock and was not acknowledged by his father,
1. WON Ching has elected Phil citizenship w/in a reasonable time
the only possible Filipino parent, at the time of his birth, the inescapable
and if so, WON his citizenship has retroacted to the time he took the bar.
conclusion is that he is not a natural-born Philippine citizen.
2. WON Ching’s special circumstances entitle him to citizenship
Conclusion WHEREFORE, I vote to: (1) DISMISS the petitions in G.R. Nos. 161434 and
161634 for being premature, (2) DECLARE COMELEC Resolutions dated January 23, 2004
and February 6, 2004, rendered in COMELEC SPA No. 04-003 NULL AND VOID, and (3)
DIRECT the COMELEC to cancel the Certificate of Candidacy of Ronald Allan Kelley Poe, HELD
a.k.a. Fernando Poe Jr., for containing a false material representation. 1. No, Ching’s election was clearly beyond, by any reasonable yardstick, the allowable pd
w/in which to exercise the privilege. Being born in April 1964, he was already 35 yrs old when
IN RE: CHING he complied w/ the requirements of C.A. No 625 in June ’99. He was already more then 14
KAPUNAN; October 1, 1999 yrs over the age of majority.
Although the Court is sympathetic of his plight, controlling statues and jurisprudence compel
FACTS the Court in its decision. Also, Ching has offered no reason why he delayed his election of
- Petition for Admission to the Phil Bar Phil citizenship, the latter not being a tedious and painstaking process.
- April 1964: Vicente D Ching born as the legitimate son of sps Tat Ching, Chinese citizen, and Philippine citizenship can never be treated like a commodity that can be claimed when
Prescila Dulay, Filipina, in La Union. Since birth, Ching has resided in the Phils needed and suppressed when convenient. It should be availed of with fervor, enthusiasm and
- During this time, the governing charter is the 1935 Constitution. Father’s citizenship is promptitude.
followed, with a right to elect citizenship upon reaching the age of majority 2. No, the abovementioned special circumstances cannot vest in him Philippine citizenship as
- July 1998: Ching, after graduating from St. Louis University in Baguio City, filed an the law specifically lays down the requirements for acquisition of Philippine citizenship by
application to take the ’98 Bar Examinations. election.
- Sept 1998: Court allowed Ching to take the exams provided he must submit proof of his Phil Decision Court denies Vicente D Ching’s application for admission to the Philippine Bar
citizenship
- Nov 1998: Ching submitted certification that he is CPA, Voter Cert from COMELEC, and Cert BENGZON III V HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL
as a member of the Sangguniang Bayan of Tubao, La Union also from COMELEC. KAPUNAN; May 7, 2001
- April 1999: results of Bar Exams were released and Ching passed. He was further required
to submit more proof of citizenship. FACTS
- July 1999: Ching filed Manifestation w/ Affidavit of Election of Phil Citizenship and his Oath of - Constitutional requirement for members of the House of Representatives: “no person shall
Allegiance. be a Member of the House of Representatives unless he is a natural born citizen.”
- Teodoro Cruz is a natural born citizen of the Philippines. He was born in Tarlac on April 27, taking an oath of allegiance to the RP and registering it in the Local Civil
1960. On November 5, 1985 he enlisted in the US Marine Corps without the consent of the Registrar of the place where the person concerned resides or last resided.
Republic of the Philippines. He took an oath of allegiance to the US and as a consequence - Repatriation would result in the recovery of the original nationality. He will be restored to his
he lost his Filipino Citizenship because under the Commonwealth Act no. 63 a Filipino may former status as a natural-born citizen. Cruz recovered his original status as a natural-born
lose his citizenship by rendering service to or accepting commission in the armed forces of a citizen because of his repatriation.
foreign country. Any doubts as to his citizenship at the time was settled by his naturalization Note: As distinguished from the lengthy process of naturalization, repatriation simply
as a US citizen on June 5, 1990. consists of taking an oath of allegiance to the RP and registering said oath with the Local
- May 17, 1994 he reacquired his citizenship through repatriation under RA 2630. Civil Registry
- He was elected as the Representative of the Second District of Pangasinan in 1998 and his - 1987 Constitution does not provide a separate category for persons who after losing
opponent was Bengson. Philippine citizenship, subsequently reacquires it because they are either natural born or
- Bengson filed a case Quo Warranto Ad Cautelam with HRET claiming Cruz, not being a naturalized depending on the reason for the loss of their citizenship and the mode prescribed
natural-born citizen by the contention that Aricle IV, Sec 2 of the Consti defines natural-born by the applicable law for reacquisition.
citizens as “citizens from birth without having to perform any act to acquire or perfect such - Cruz was not required by law to go through naturalization proceedings in order to reacquire
citizenship, was not eligible to be member of the House. his citizenship, he is perforce a natural-born Filipino.
2. No.
ISSUES Ratio HRET has been empowered by the Consti to be the “sole judge” of all contests relating
1. WON Cruz, a natural born Filipino who became an American citizen, can still be to the elction, returns and qualifications of the members of the House. Court’s jurisdiction is
considered a natural-born Filipino upon his reacquisition of Philippine citizenship via merely to check WON there has been grave abuse; absent such showing, there is no
Repatriation, so that the question of WON he is eligible to be a member of the House might be occasion for the Court to exercise its corrective power
addressed
2. - WON the HRET committed serious erros and grave abuse of discreation amounting to SEPARATE OPINION
excess of jurisdiction in ruling in favour of Cruz as natural-born citizen
SANDOVAL-GUTIERREZ
HELD Additional Facts:
1. Yes. - In the 1995 local elections, Cruz filed his certificate of candidacy for Mayor declaring himself
Ratio Two ways of acquiring Filipino citizenship to be a naturalized Filipino citizen
o By birth – natural born citizens - Thereafter, Cruz ran for Congres, this time declaring himself as natural-born
o Naturalization – Naturalized citizens (those who become Filipino citizens - Petitioner and respondent present opposing interpretation of the phrase “from birth” in Art IV,
through naturalization, generally under the Commonwealth Act no. 473. To be Sec 2 of the Consti
naturalized, an applicant has to prove that he possesses all the qualifications and - Petitioner avers: means starting from a definite point and must be continuous, constant
none of the disqualifications and without interruption
- 1987 Constitution only provides for 2 classes of citizens: - Respondent contends: refers to the innate, inherent and inborn characteristic of being a
o Natural born “natural-born”
o Naturalized - J. Sandoval-Gutierrez holds:
- Filipino citizens who have lost their citizenship may reacquire it by naturalization, repatriation
- Natural-born citizens are so by virtue of birth without performing any acts. To repatriate,
or by direct act of Congress.
Cruz had to perform certain acts before he could again become a Filipino citizen.
o Naturalization – mode for acquisition and reacquisition of Philippine citizenship.
Therefore, he does not reaquire natural-born citizenship
o Repatriation – available for those who have lost their citizenship due to
- The history of the Consti shows that the meaning and application of the requirement of
desertion of the armed forces, service in the armed forces of the allied forces in
WWII, service in the armed forces of the US at any other time, marriage of a being natural-born have become more narrow and qualified over the years, more
Filipino woman to an alien, and political and economic necessity. Process: stringent; and the decision of HRET in the case at bar reverses the historical trend and
clear intendment of the Consti, a matter which can only be accomplished through consti c. Polygamists/believers of polygamy
amendment; clearly, HRET has acted with grave abuse of discretion. d. Convicted of crimes (moral turpitude)
e. Suffering from mental alienation/incurable contagious disease
f. Not mingled socially w/ Filipinos, have not evinced a sincere desire to learn and embrace
COMMONWEALTH ACT NO. 473
customs, traditions, and ideals of Filipinos
An Act to Provide for the Acquisition of the Citizenship by Naturalization, and to g. Citizens/subjects of nations w/whom US and the Philippines are at war – during such war
repeal Acts 2927 and 3448 h. Citizens/subjects of foreign country [OTHER THAN US!] whose laws don’t grant Filipinos
right to become naturalized citizens/subjects
Sec 1: Title: “Revised Naturalization Law” Sec 2: Qualifications: Who may become Sec 5. Declaration of intention: file declaration that it is his bona fide intention to
citizens of the Philippines by naturalization? become a citizen of the Philippines
1. >21 years old at the day of the hearing of the petition - under oath
2. resided in the Philippines for CONTINUOUS period of >10yrs - 1 year prior to the filing of petition for admission to Philippine citizenship
3. of good moral character of the Bureau of Justice
+ believes in principles underlying the Philippine Constitution (1935 Consti)
-contents+ name
+ conducted himself in proper and irreproachable manner during entire period of residence in
+ age
the Philippines in relation with constituted government and community with community in
+ occupation
which he is living
+ personal description
4. (must own real estate in the Philippines > P5000) or Philippine currency or lucrative
trade/profession/lawful occupation + place of birth
5. able to speak and write English/Spanish + any one of the principal Philippine language +last foreign residence and allegiance
6. enrolled his MINOR children of school age in any of the public schools/private schools +date of arrival
during the entire period of residence in the Philippines required of him prior to the hearing of +name of vessel/aircraft (if any) in which he came to the Philippines
his petition +place of residence in the Philippines at the time of making the declaration *to be valid:
…School: establish lawful entry for permanent residence + issued certificate showing date, place, and
- recognized by the Office of Private Education of the Philippines manner of arrival
- teaches Philippine history, government and civics and prescribes it as part of the school *also state that he had enrolled his minor children in school (see sec2(6))
curriculum *2 pictures of himself
Sec 3: Special qualifications: when the 10 year qualification required in Sec2(2) Sec 6. Widow and minor children of aliens dying after declaration of intention not
could be reduced to a continuous 5 years? required to file declaration of intention
1. had honorably held office under the Government of the Philippines/ under that of any of the Sec 7. Petition for citizenship: requirements filed with competent court
provinces, cities, municipalities, or political subdivisions thereof [aliens, particularly American
*a petition in triplicate
citizens, were the ones who were governing the country prior to the Commonwealth]
2. established new industry/ introduced a useful invention in the Philippines contents of petition:
3. married to a Filipino woman +name and surname
4. engaged as a teacher in the Philippines for >2 yrs +present and former places of residence
school: public/recognized private school + not established for exclusive instruction of children +occupation
of persons of particular nationality/race +place and date of birth
5. born in the Philippines +status; if married and the father, include name, age, birthplace and residence of wife and
Sec 4: Who are disqualified? Persons… each child
a. opposed to organized government/affiliated with any association or group of persons who +approximate date of his/her arrival in the Philippines
uphold and teach doctrines opposing organized gov’t +name of the port of debarkation + name of ship (if remembered)
b. defending/teaching the necessity or propriety of violence/personal assault/assassination for
+declaration of qualifications and non-disqualification
the success and predominance of their ideas
+declaration that he has complied with sec. 5 Sec 13. Record Books: clerk of court keep 2 books: (1) record of petition and declarations
+declaration of continuous residence in RP from date of filing petition to admission as RP of intentions in chronological order; (2) record of naturalization certificate
Citizen Sec 14. Fees.
*2 photographs of petitioner *P30.00 (for recording of petition and for proceedings + issuance of certificate)
*petition signed by applicant + supported by affidavit of at least 2 credible persons (see *P24.00 (for each appeal and for connected services rendered)
provision for requirements) sec 15. Effect of naturalization on wife and children
Sec 8. Competent court: CFI of province in w/c the petitioner has resided for at least 1 yr *on wife: shall be deemed a citizen of Philippines (if just married or also naturalized)
immediately preceding the filing of the petition *on minor children:
Sec 9. Notification and appearance. Tasks of clerk of court …if born in the Philippines: Filipino
…publish petition for 3 consecutive weeks in OG and in one of gen circulation newspapers in …if foreign-born but dwelling in the Philippines during naturalization of parent:
the province where petitioner resides Filipino
…post copies of petitions in conspicuous places (contain name, birthplace and residence of …if foreign-born, not dwelling in the Philippines during naturalization of parent:
petitioner, date and place of arrival, names of witnesses, date of hearing the petition) Filipino during minority, unless resides in the Philippines permanently and still a
*hearing shall not be held w/n 90 days from date of last publication of notice minor, then legally Filipino upon age of majority
…forward copies of the petition, sentence, naturalization certificate and pertinent data to …if foreign-born after naturalization of parent: Filipino unless fails to register and
Department of the Interior, Bureau of Justice, Provincial Inspector of the Philippine take oath 1 yr after age of majority
Constabulary of the province, and justice of peace of the municipality where petitioner resides Sec 16. Right of widow and children of petitioners_who_have _died: continue
Sec 10. Hearing of the petition. proceedings, same legal effect
*no hearing w/n 30 days preceding any election Sec 17. Renunciation of title or orders of nobility: unless w/ express consent of the
*public hearing National Assembly
*Solicitor-General/representative/provincial fiscal appear for Commonwealth at all Sec 18. Cancellation of naturalization certificates issued
proceedings *upon motion made in proper proceedings by Solicitor-General/representative/proper
*upon belief of court of qualifications and non-disqualification of petitioner, court order proper provincial fiscal
naturalization certificate in proper civil registry (required in Sec. 10, Act No. 3753) *cancelled by competent judge on the ff. grounds:
Sec 11. Appeal: to the SC a. naturalization certificate obtained fraudulently/illegally
Sec 12: Issuance of the Certificate of Naturalization: 30 days after and from date of b. person naturalized establishes permanent residence outside Philippines w/n 5 yrs after
notice to the parties (in case of appeal, SC confirmed deci), clerk of court issue naturalization issuance of naturalization certificate
certificate c. petition made on invalid declaration of intention
contents of certificate of naturalization” d. minor children shown to have failed to graduate from school in sec 2 (6) through fault of
*file no. of petition parents either by neglect to support or by transferring them to another school(s)
*number of naturalization certificate e. naturalized citizen only used as a dummy to violate constitutional or legal provision
*signature of the person naturalized affixed in the presence of the clerk of court requiring Philippine citizenship
*personal circumstances of the person naturalized Sec 19 Penalties for violation of this Act: fine < P5,000.00 or imprisonment< 5 yrs or
*dates of filing of declaration of intention and petition both, naturalization cancelled
*date of decision granting petition Sec 20. Prescription: file complaint w/n 5 yrs from detection/discovery of commission of
*name of the judge who rendered deci offense
*photograph of peti with dry seal of court w/c granted petition Sec. 21. Regulation and blanks.
*oath declared in open court [refer to the original] *Secretary of Justice: issue necessary regulations
*Solicitor-General, subject to approval of Secretary of Justice: naturalization certificate commission, & taking the oath of allegiance incident thereto, states that he does so only
blanks, etc. in connection with his service to said foreign country : & provided that any Filipino citizen
Sec 22. Repealing clause: Repeals Act. No. 2927 as amended by Act No. 3448 who is rendering service to/or is commissioned in, the armed forces of foreign country
[Naturalization Law] under (a) or (b), shall not be permitted to participate nor vote in any election of RP during
period of service to/commission in, the armed forces of said foreign country.
REPUBLIC ACT NO. 530 automatically entitled to full enjoyment of civil and political rights as a Filipino citizen upon
An Act Making Additional Provisions for Naturalization his discharge;
(5) cancellation of certificates of naturalization;
- Requires the publication of petitions for citizenship (also required by previous law, prob. Act (6) having been declared by competent authority, a deserter of the AFP in time of war, unless
423, below) pardon or granted amnesty; &
- Court will hear petitions for citizenship 6 months after the publication (7) woman: marriage to a foreigner if, by virtue of the laws in force in her husband's country,
- Decisions granting the application become executory only after 2 years, and she acquires his nationality.
- The Solicitor General or his representative finds that during the intervening time, applicant *** Sec 1 amended by RA 106, section 1, approved June 2, 1947
has: *when dual citizenship was allowed at that time:
NOT left the Philippines …acquisition of citizenship by natural born Filipino citizen from Iberian/democratic Ibero-
Dedicated himself continuously to lawful calling or profession American countries/ United Kingdom if the law of that country grants same privilege to its
NOT been convicted of any offense or violation of govt. rules citizens –agreed upon by treaty between the Philippines and foreign country from which
NOT committed any act prejudicial to the interest of the nation or contrary to any
citizenship is acquired.
govt. announced policies
- After the finding, the order of the court granting citizenship will be registered and the oath Section. 2. How citizenship may be reacquired.
taken by the applicant before he will be entitled to the privileges of citizenship. (1) naturalization: applicant possess none of the disqualification's prescribed in sec 2, Act No.
- Repealed inconsistent parts of Act No. 423. 2927 (repealed by CA 473 – so sec 4)
- Approved, June 16, 1950. (2) repatriation of deserters of the Army, Navy or Air Corp: Provided, woman by sec 1(7) may
be repatriated in accordance with the provisions of this Act after the termination of the
COMMONWEALTH ACT NO. 63 marital status;(see PD 725 for more details)
An Act Providing for the Ways in which Philippine Citizenship may be lost or (3) direct act of the National Assembly.
reacquired Section 3. Procedure incident to reacquisition of Philippine citizenship. Apply Act No.
2927 (now CA 473) to the reacquisition of Philippine citizenship by naturalization provided for
Section 1. How citizenship may be lost. in the next preceding sec: Provided, qualifications and special qualifications prescribed in sec
(1) naturalization in a foreign country; 3 & 4 of Act 2927 shall not be required (sorry guys, I can’t find a copy of Act 2927 in the net so
(2) express renunciation of citizenship; I don’t know what these sections are in CA 473): further, applicant…
(3) subscribing to an oath of allegiance to support constitution or laws of foreign country upon (1) at least 21 y.o. + resided in RP at least 6 mos. before he applies for naturalization;
+21y.o.: a Filipino may not divest himself of Philippine citizenship while the RP is at war; (2) have conducted himself in proper and irreproachable manner during
(4) rendering services to/accepting commission in, the armed forces of foreign country: +the entire period of his residence in RP
rendering of service to/the acceptance of such commission in, the armed forces of foreign +in his relations with the constituted government
country, and the taking of an oath of allegiance incident thereto, with the consent of RP, shall +with the community in which he is living; and
not divest a Filipino of his Philippine citizenship if either of the ff. is present: (3) subscribes to an oath declaring his intention to renounce absolutely and perpetually all
(a) RP has defensive and/or offensive pact of alliance with the said foreign country; or faith and allegiance to the foreign authority/state/sovereignty of which he was a citizen or
(b) said foreign country maintains armed forces on Philippine territory w/ consent of RP: subject.
Filipino citizen concerned, at the time of rendering said service/or acceptance of said
Section 4. Repatriation: effected by merely taking the necessary oath of allegiance to the Ratio
Commonwealth of the Philippines (RP) and registration in the proper civil registry. (used in the - Renunciation – made known distinctly & explicitly and not left to interference or implication
Bengzon Case) (BI Commissioners vs. Go Gallano). His resumption/reacquisition of his Portuguese
Section 5. Similar to Sec 21 of CA 473 citizenship and passport and representation as a Portuguese even after he has acquired
Filipino citizenship are proof enough of his renunciation.
YU V DEFENSOR-SANTIAGO - He does not dispute the facts. He was given the opportunity to show proof of continued
PADILLA; January 24, 1989 Philippine citizenship but he failed. There is no denial of due process.
- Trial court should have jurisdiction over this case. But due to petitioner’s insistence, SC had
FACTS
to do it.
- Petition for Habeas Corpus
- Philippine citizenship is not a commodity or were to be displayed when required and
- 1971 – Yu was issued a Portuguese passport in 1971 valid for 5 years & renewed for same
suppressed when convenient.
period upon presentment before Portuguese consular officer
- Feb. 10, 1978 – He was naturalized as a Phil. citizen
SEPARATE OPINION
- April 1980 – signed commercial documents in Hong Kong (Companies Registry of Tai Shun
Estate, Ltd.) and he declared his nationality as Portuguese
CRUZ [concur]
- July 21, 1981 – He applied & was issued another Portuguese passport in Tokyo. Passport
Yu has failed to overcome presumption that he has forfeited his status as naturalized Filipino
will expire July 20, 1986.
by obtaining Portuguese passport. Passports are generally issued only to nationals. No proof
Procedural Facts:
of Yu’s unequivocal & deliberate renunciation of Phi. Citizenship w/ full awareness of its
- July 4, 1988 – He filed for a petition for habeas corpus. He was detained because the
significance & consequences as provided for in CA No. 63. Commercial documents signed are
Commission on Immigration & Deportation was processing his deportation. CID claims that his
not proof enough of renunciation.
acts are tantamount to an express renunciation of his Philippine citizenship.
- July 20, 1988 – oral arguments
FERNAN [dissent]
- Nov. 10, 1988 – SC resolution denied petition for habeas corpus & resolved issued on
Summary procedure & pieces of documentary evidence are not enough to reach such
jurisdiction of CID over naturalized Filipino citizen & validity of warrantless arrest & detention.
decision. Evidence must be clear & express w/o room for interference or implication. In a
Yu filed MFR, denied w/finality. Filed urgent motion for issuance of restraining order, denied.
deportation proceeding where alien claims citizenship w/substantial evidence, he’s entitled to
- Dec. 5, 1988 – Yu filed motion for clarification w/prayer for restraining order.
have his status determined by judicial & not an executive tribunal. He deserves a full-blown
- Dec. 7, 1988 – SC issued TRO. CID ordered to cease & desist from deporting Yu pending
trial under more rigid rules of evidence in a court proceeding. SC is not a trier of facts.
conclusion of hearings before Board of Special Inquiry of CID.
- Dec. 13, 1988 – Respondent commissioner filed motion to lift TRO saying the commission
GUTIERREZ [dissent]
already issued a summary judgment of deportation against Yu on Dec. 2, 88.
Summary procedure would not suffice. Something as important as denaturalization should be
- Dec. 13, 1988 – Yu filed an urgent motion for release from arbitrary detention. Opposed
filed & prosecuted in proper trial court in accordance w/the due process clause. When a
vigorously to lifting of TRO.
person pleads vigorously that he has not renounced his citizenship, he should at least be
- Yu ordered to explain why he should still be considered a Phil citizen. He complied. His reply
given a full trial where his actions may be explored & the facts fully ascertained. Dangerous
revealed aforementioned substantive facts.
precedent to allow administrative officials to rule that one has renounced his citizenship based
on informal evidence. Mere use of a foreign passport is not express renunciation. He may
ISSUE
have passport for other purposes (employment, convenience). Some high gov’t officials have
WON the acts of Yu constitute an express renunciation of his Philippine citizenship.
done acts w/c are more indicative of express renunciation than mere use of passport or
different citizenship has been signed. SC is not a trier of facts. Yu’s morality is beside the
HELD
Yes. Motion for release from detention denied. TRO lifted. point. He deserves his full day in court.
JAO V REPUBLIC
CORTES [dissent] VASQUEZ; March 29, 1983
CID findings are subject to judicial review. Loss of Yu’s Filipino citizenship has not been
established. Evidence presented were not authenticated by proper Philippine consul, thus not FACTS
substantial and are inadequate. - Modesta Jao claims to be a Philippine citizen because she was born of a Chinese father and
an illiterate Filipina mother who were not legally married. - She married a Chinese man and
PEOPLE V AVENGOZA therefore lost her Philippine citizenship but he is now dead.
RELOVA; December 7, 1982 - Her handicapped mother erroneously registered her as an alien and she was issued an Alien
FACTS Certificate of Registration (ACR).
- She is claiming back her Phil. citizenship, by way of a petition for repatriation filed in CFI of
- Criminal Case; Appeal from Decision of CFI of Camarines Sur
Davao.
- Anselma Avengoza and husband Go Gam, a Chinese, together with the former’s mother - CFI issued an order declaring petitioner as “judicially repatriated,” and ordered cancelled her
Gavina Avengoza and Rafaela Anfante are being charged with violation of the Anti-Dummy ACR.
Law on transactions for the spouses to own agricultural lands in the Philippines. - Provincial Fiscal in behalf of the Republic, appealed the case.
- Anselma Avengoza, upon marriage to Go Gam, acquired Chinese citizenship
- The Anti-Dummy Law provides that only Filipino citizens may own local agricultural land. ISSUE
- Pending litigation, Go Gam and Gavina passed away. WON the judicial decree by the RTC was necessary for repatriation.
- Upon Go Gam’s passing, Anselma executed an oath of allegiance to the RP and filed it with
HELD
the Office of the Municipal Treasurer for the purpose of reacquiring her citizenship by Ratio Proceedings to declare a person as “judicially repatriated” are a complete nullity. There
repatriation, averring by reason whereof that her criminal liability is thereby extinguished; and is no law requiring or authorizing that repatriation should be effected by a judicial proceeding.
that the issue of the criminal case is rendered moot and academic Reasoning In Lim v. Republic, 37 SCRA 783, it was held that “there is no proceeding
- Trial court dismissed case principally predicated on its opinion that Anselma had validly established by law or the rules by which any person claiming to be a citizen may get a
reacquired Philippine citizenship declaration in a court of justice to that effect or in regard to his citizenship.” All that is needed
for a female citizen of the Phil. who lost her citizenship to an alien to reacquire her Phil.
citizen, upon the termination of her martial status, “is for her to take necessary oath of
ISSUES
allegiance to the Republic of the Phil. and to register the said oath in the proper civil registry.”
1. WON Anselma reacquired citizenship after executing an oath of allegiance to the RP and Disposition Decision appealed from is revoked and set aside. 5 Justices concur.
filing it with the Municipal Treasurer Obiter Petitioner’s claim of Phil. citizenship prior to her marriage for being allegedly an
2. if so, WON such reacquisition of citizenship exempted her from liability for the violation of illegitimate child of a Chinese father and a Filipina mother may not be established in an action
the Anti-Dummy Law where the mother or her heirs are not parties. It is the consistent rule in this jurisdiction that
Phil. citizenship may not be declared in a non-adversary suit where the persons whose rights
HELD are affected by such a declaration are not parties, such as an action for declaratory relief,
1. No. petition for judicial repatriation, or an action to cancel registration as an alien.
Ratio Mere taking of oath of allegiance insufficient for reacquisition of Filipino citizenship.
Would-be repatriate should show conclusive proof that she has the qualifications to be so VILLAVICENCIO V LUKBAN
repatriated. Anselma became an alien by reason of her lawful marriage to a Chinese citizen; MALCOLM; March 25, 1919
however this does not necessarily mean that she was a Filipino citizen prior to such marriage.
2. No. FACTS
Ratio Even had she been considered repatriated, like an alien who became a naturalized - Manila Mayor, Justo Lukban, wanting to exterminate vice, ordered the closing of the city’s
Filipino citizen, her repatriation will not exempt her from criminal liability for violation of the red light district. The brothels were closed and the workers (170 women) were rounded up and
Anti-Dummy Law. kept confined to their houses in the district by the police for a little more than a week. On the
night of Oct.25, 1918, the women were forcibly hustled aboard the steamers Corregidor and
Negros and sent off to Davao to work as laborers without their consent, without opportunity to
consult with friends/family or to defend their rights. They reached Davao 4 days later and were action because it did not want the public to see a clash between executive officials and the
met by Francisco Sales, governor of Davao and by hacendero Feliciano Yñigo and Rafael judiciary and because it wanted to give the respondents another chance to demonstrate their
Castillo, etc. good faith and to mitigate their wrong.
- During their voyage, the women’s relatives and friends initiated an application for habeas
2 nd order: Yes. Respondents (through better effort) were able to produce 8 women. The
corpus, alleging that Justo Lukban, along with Anton Hohmann (the police chief), and others
deprived the women of their liberty. The court awarded the writ of habeas corpus (w of hc) and mandate called for all of the women not in Manila. However, the court decided that there was
ordered Lukban and co. to bring the women before the court. Although they returned with substantial compliance, noting the effort (placards were posted, police helped, free shipping to
none of the women, they were given another chance. The court issued another order this time Manila was provided) and the fact that they had a sincere desire to see the unhappy incident
calling for the respondents to produce all of the women not in Manila. The respondents were finally closed.
only able to bring forward 8 women and challenged the issuance of the writ.
3. Ratio Only Lukban is guilty of contempt. His intentions were commendable, his methods
ISSUES were unlawful. An officer’s failure to produce the body of a person in obedience to a writ of
1. Re: the proper granting of the writ: habeas corpus, when he has power to do so, is contempt committed in the face of the court.
a. WON the petitioners had standing Reasoning He was primarily responsible for setting forth this whole chain of events and had
b. WON the S.C. erred in assuming jurisdiction
c. WON the women were actually restrained of their liberty under his power as head of the city government to facilitate the return of the women to Manila
2. WON there was compliance with the court orders but failed. The rest of the respondents other than Lukban are not guilty of contempt. Some
3. On contempt of court were merely following the orders of their superiors or merely fulfilling a duty. Another was
merely drawn into the case through miscommunication.
HELD Disposition No further action on the w of hc. Lukban found in contempt of court and shall
1a. Yes pay Php 100 within 5 days. Rest of respondents found not to be in contempt of court.
Ratio When it is is impossible for a party to sign an application for the w of hc, another
person may submit it in his/her behalf. KURODA JALANDONI
Reasoning It was impossible for the women to have signed a petition for habeas corpus with MORAN; March 26, 1949
the way their expulsion was conducted. They were first isolated from society and then
shipped. It was consequently proper for the writ to be submitted by persons in their behalf. FACTS
1b No Kuroda, a high ranking Japanese army official is being charged by the Military Commission
Ratio The w of hc may be granted by the Supreme Court or any judge thereof enforcible with failure to perform duties as commander in preventing crimes/atrocities against civilians,
anywhere in the Philippines. The SC can decide upon where the writ shall be made returnable and POWs. In defense, he is alleging that Executive Order No. 68 (EO68) which established a
to (whether before the SC or before a lower court).
Natl. War Crimes Office is unconstitutional and that 2 prosecuting attorneys, Hussey and Port
Reasoning The CFI of Davao was not in session. The case involves parties from different
(both American) have no authority to practice law in the country. As such, the respondents
parts of the country. Habeas Corpus was devised as a speedy and effectual remedy to relieve
should be prohibited from proceeding with this case.
persons from unlawful restraint.
1c. Yes
Ratio The forcible taking, isolation, and transfer of the women is constitutive of deprivation of ISSUES
freedom of locomotion. 1. WON EO68 is unconstitutional
Reasoning The essential object and purpose of the writ of habeas corpus is to inquire into 2. Re: Attys. Hussey and Port
all manner of involuntary restraint as distinguished from voluntary and to relieve a person from A. WON they are qualified to practice in accordance with the Rules of Court
such restraint if it is illegal. Any restraint which will preclude freedom of action is sufficient. B. WoN their appointment as prosecutors is violative of the Constitution
2. 1 st order: No. Respondents were not able to bring the women before the court on the day HELD
named. The court could have sent the respondents to jail however, the court forebore drastic
1. Ratio The President as Commander in Chief is fully empowered to consummate an Mandamus against Jaime Hernandez, Secretary of Finance and Marcelino Sarmiento, City
unfinished aspect of war which is the trial and punishment of war criminals through the Treasurer of Manila.
issuance and enforcement of EO68. - Preliminary consideration of legal principles involved
Reasoning EO68 was issued by the President to establish a Natl. War Crimes Office and A. Police Power
provide for rules and regulations in trying accused war criminals. It conforms to the generally - the most positive and active of all governmental processes, the most essential, insistent and
accepted principles/policies of international law, including the Hague Convention and the illimitable
Geneva Convention, which are part of the law of the nation. Its promulgation was an exercise - necessary esp. in a modern democratic framework
of the President of his powers as Commander in Chief of the whole armed forces. Iin B. Equal Protection Clause
Yamashita v. Tyer, the court held that “the power to create a military commission for the trial - against undue favor and individual or class privilege, as well as hostile discrimination or the
and punishment of war criminals is an aspect of waging war. A military commission has oppression of inequality; it requires that all persons shall be treated alike, under like
jurisdiction so long as a technical state of war continues.” circumstances and conditions
2A. Ratio The Military Commission is special military tribunal governed by a special law and - is not infringed by legislation which applies only to those persons falling within a specified
not by the Rules of Court. class, if it applies alike to all persons within such class, and reasonable grounds exists for
Reasoning There is nothing in EO68 which requires that counsel appearing before said making distinction between those who fall within such class and those who do not.
commissions must be attys. qualified to practice law in the Phil. in accordance with the Rules - Criteria for Test of EPC
of Court. 1. presence of public interest and welfare
2B. No 2. existence of reasonable relation between purposes and means
Ratio The appointment of the 2 American attorneys is not violative of our national 3. existence of reasonable basis for distinction and classification made
sovereignty. C. Due Process clause
Reasoning It is only fair and proper that the US, which has submitted the vindication of - has to do with reasonableness of legislation enacted in pursuance of the police power
crimes against her govt. and her people to a tribunal of our nation, should be allowed - Questions for test:
representation in the trial of those very crimes. 1. Is there is a public interest/purpose?
Disposition The Military Commission having been convened by virtue of a valid law, with 2. Is the Act is reasonably necessary for the accomplishment of the legislature’s purpose;
jurisdiction over the crimes charged which fall under the provisions of Executive Order No. 68, is it not unreasonable, arbitrary or oppressive?
and having jurisdiction over the person of the petitioner by having said petitioner in its custody, 3. Can the aims conceived be achieved by the means used or is it merely an unjustified
this Court will not interfere with the due processes of such Military Commission. Petition interference with private interest?
denied. With costs de oficio.
ISSUES
ICHONG V HERNANDEZ AND SARMIENTO 1. WON RA 1180 denies to alien residents the equal protection of the laws.
LABRADOR; May 31, 1957 2. WON RA 1180 deprives alien residents of their liberty and property without due process of
law.
FACTS 3. WON the title of the Act is misleading or deceptive, as it conceals the real purpose of the
- Injunction and Mandamus bill, which is to nationalize the retail business and prohibit aliens from engaging therein.
- The Legislature enacted RA 1180 entitled ”An Act to Regulate the Retail Business.” It 4. WON RA 1108 violates international and treaty obligations of the Republic of the
prohibits aliens and associations, partnerships, or corporations, which are not wholly owned Philippines.
by citizens, to engage directly or indirectly in the retail trade. In effect it nationalizes the retail
business. HELD
- Procedure Lao Ichong, in his own behalf and in behalf of other alien residents, 1. No. The act does not transcend the limit of equal protection established by the
corporations, and partnerships adversely affected by RA 1180 filed a petition for Injunction and Constitution if there is a question of public interest involved or pursued and the classification
or distinction used by the legislature, in this case between nationals and aliens, is actual, real - Section 8 of Article XIV provides that “no franchise, certificate, or any other form of
and reasonable, and all persons of one class are treated alike, and as it cannot be said that authorization for the operation of a public utility shall be granted except to citizens of the
classification is patently unreasonable and unfounded. Philippines”
Reasoning c. Provisions of law not unreasonable
a. Based on experience of the country, alien retailer has shown disregard for his customers - The legislature is primarily the judge of the necessity of an enactment or of any of its
and the people on whom he makes his profit. Aliens lack spirit of loyalty and enthusiasm for provisions, and every presumption is in favor of its validity, and though the Court may hold
the country. Alien participation in the retail trade has been attended by intolerable practices views inconsistent with the wisdom of the law, it may not annul the legislation if not in excess
like the ff: of the legislative power.
- hoarding essential commodities
- violating price control laws 3. No. The provisions of the law are clearly embraced in the title. The general rule is for the
- boycotting honest merchants and traders who would not cater or yield to their demands use of general terms in the title of the bill and the title need not be an index to the entire
- believed to have evaded tax laws contents of the law.
- bribing public officials Reasoning
b. Economic reason – alien retailer never really makes a genuine contribution to national a. The term regulate is a broader term than either prohibition or nationalization. Both of these
income and wealth since the gains and profits he makes are not invested in industries that have always been included within the term regulation.
would help the country’s economy and increase national wealth.
c. precedents 4. No treaty has actually been entered into on the subject and the police power may not be
Smith Bell & Co. vs. Natividad, Gibbon vs. Ongden Commonwealth vs. Hana, Anton vs. Van curtailed or surrendered by any treaty or any other conventional agreement.
Winkle, Templar vs. Michigan State Board of Examiners
- Essentially held that the difference in status between citizens and aliens constitutes a GONZALES V HECHANOVA
basis for reasonable classification in the exercise of police power. CONCEPCION; October 22, 1963
Takahashi vs. Fish and game Commission, Fraser vs. McConway & Tarley
- held that the distinction between aliens and citizens is not valid because the laws were FACTS
found to be arbitrary, unreasonable or capricious, or were the result or product of racial - Respondent Exec. Sec. authorized importation of foreign rice and created rice procurement
antagonism and hostility, and there was no question of public interest involved or committee. Gonzales, a rice planter and President of Iloilo Palay and Corn Planters
pursued. Association, filed petition.
Procedure Case is an original action for prohibition with preliminary injunction to restrain
2. No. There is due process if the laws passed are seen to have reasonable relation to a implementation of decision of Exec. Sec. to import rice. Respondents were required to file
proper legislative purpose, the means are reasonably necessary for the accomplishment of answer and hearing was set.
the purpose, and not unduly oppressive upon individuals. - on WON respondents are acting without jurisdiction or in excess of jurisdiction
Reasoning Petitioner’s stand:
a. legitimacy of the purpose of the law - Yes, bec. RA 3452 explicitly prohibits importation of rice and corn by Rice and Corn
- Its purpose is to prevent persons who are not citizens of the Philippines from having a Administration and any other gov’t agency.
strangle hold upon our economic life\ Respondents’ stand:
- Freedom and liberty are not real and positive if the people are subject to the economic - Petitioner has no sufficient interest to file petition.
control and domination of others, especially if not of their own race or country. - Petitioner has not exhausted all administrative remedies available before coming to court.
b Nationalistic protective policy laid down in the Constitution - Petitioner’s action is not sufficient and not governed by RA 3452 because importation was
authorized by President as Commander in Chief for military stock pile purposes. As such,
Pres must prepare for threats without waiting for any special authority.
- Also, they say it’s not under RA 3452 bec. the RAs prohibit importation of rice and corn by - The Constitution in 1935 mandated the policy of social justice to "insure the well-being and
“government agency” and not the government itself. economic security of all the people," especially the, less privileged.
- Even if the proposed importation violated the RAs, it can still be permitted because it is for - In 1973, the new Constitution affirmed this goal adding specifically that "the State shall
the benefit of the people. regulate the acquisition, ownership, use, enjoyment and disposition of private property and
- The Phils is already under executive agreements with contracts for purchase of rice with equitably diffuse property ownership and profits. Significantly, there was also the specific
Vietnam and Burma. In case of conflict between the RAs and the contracts, the contracts injunction to "formulate and implement an agrarian reform program aimed at emancipating the
should prevail because it came later. These contracts have been consummated bec. the tenant from the bondage of the soil."
Phils. has already paid. - The 1987 Constitution, besides echoing these sentiments, also adopted one whole and
separate Article XIII on Social Justice and Human Rights. One of its sections:
ISSUE - SEC. 4. The State shall, by law, undertake an agrarian reform program founded on the right
WON respondents are acting without jurisdiction or in excess of jurisdiction of farmers and regular farmworkers, who are landless, to own directly or collectively the lands
they till or, in the case of other farmworkers, to receive a just share of the fruits thereof To this
HELD end, the State shall encourage and undertake the just distribution of all agricultural lands,
- RA 3452 says that the gov’t policy is to purchase basic foods directly from farmers in Phils. subject to such priorities and reasonable retention limits as the Congress may prescribe,
Petitioner has sufficient interest. taking into account ecological, developmental, or equity considerations and subject to the
- Case at bar involves question which is a purely legal one. It falls under the exemption from payment of just compensation. In determining retention limits, the State shall respect the right
the doctrine of exhaustion of administrative remedies. of small landowners. The State shall further provide incentives for voluntary landsharing.
- The proposed importation is governed by RA 2207 and RA 3452 bec it covers “all - R.A, No. 3844, otherwise known as the Agricultural Land Reform Code, had already been
importations of rice and corn into the Phils.” enacted by the Congress of the Philippines on August 8, 1963, in line with the above-stated
- RA 2207 and 3452 also applies to importations of the government itself bec. RA 2207 talks principles. This was substantially superseded almost a decade later by P.D. No. 27, which
about imports authorized by the President, by and on behalf of government. RA 3452 also was promulgated on October 21, 1972, along with martial law, to provide for the compulsory
indicates that only private parties may import rice under its provisions. These RAs are only in acquisition of private lands for distribution among tenant-farmers and to specify maximum
addition to Commonwealth Act No. 138 which says that in all purchases by gov’t, incl. those retention limits for landowners.
for armed forces, preference is given to materials produced in the Phils. - On July 17, 1987, President Corazon C. Aquino issued E.O. No. 228, declaring full land
- The “benefit of the people” argument can’t be accepted because there is no local rice ownership in favor of the beneficiaries of P.D. No. 27 and providing for the valuation of still
shortage. And the importation is said to be for stockpile of Army, not for the civilian population. unvalued lands covered by the decree as well as the manner of their payment. This was
- The contracts w/ Vietnam and Burma are not executive agreements. Even if they were, followed on July 22, 1987 by Presidential Proclamation No. 131, instituting a
they are unlawful, being against the RAs. The alleged consummation does not render this comprehensive agrarian reform program (CARP), and E.O. No. 229, providing the
case academic. The contracts may have already been entered into and the payment may mechanics for its implementation.
have been made but the actual importation has not yet taken place. - With its formal organization, the revived Congress of the Philippines (formally convened on
Disposition - For lack of requisite majority, injunction prayed for is DENIED. July 27, 1987) took over legislative power from the President and started its own deliberations,
- It is declared that Exec. Sec. has no power to authorize importation in question and he including extensive public hearings, on the improvement of the interests of farmers. The
exceeded jurisdiction in granting authority. The importation is not sanctioned by law and is result, after almost a year of spirited debate, was the enactment of R.A. No. 6657, otherwise
contrary to its provisions. known as the Comprehensive Agrarian Reform Law of 1988, which President Aquino
signed on June 10, 1988. This law, while considerably changing the earlier mentioned
ASSOCIATION OF SMALL LANDOWNERS V SECRETARY OF DAR enactments, nevertheless gives them suppletory effect insofar as they are not inconsistent
CRUZ; July 14, 1989 with its provisions.
FACTS ISSUES
1. WON petitions are justiciable. 1. RD: Yes. The Court will assume jurisdiction over a constitutional question only if it is
2. WON P.D. No. 27, Presidential Proclamation No. 131, E.O. Nos. 228 and 229 and R.A. shown that the essential requisites of a judicial inquiry into such a question are first satisfied
6657 contravene the Constitution on the grounds inter alia of separation of powers, due but even if they are not covered by the definition, it is still within the wide discretion of the
process, equal protection and the constitutional limitation that no private property shall be Court to waive the requirement and so remove the impediment to its addressing and resolving
taken for public use without just compensation. the serious constitutional questions raised.
Sub issues 2a. The determination made by the DAR is only preliminary unless accepted by all parties
a. The determination of just compensation may be made only by a court of justice and not by concerned. Otherwise, the courts of justice will still have the right to review with finality the
the President of the Philippines. said determination in the exercise of what is admittedly a judicial function. (Sec. 16f)
b. The just compensation contemplated by the Bill of Rights is payable only in money or in 2b. It cannot be denied that the traditional medium for the payment of just compensation is
cash but not in the form of bonds or other things of value. money and no other. And so, conformably, has just compensation been paid in the past solely
c. In considering rentals as advance payment on the land, E.O. No. 228 deprives the in that medium. However, we do not deal here with the traditional exercise of the power of
petitioners of their property rights as protected by due process. eminent domain.29 This is not an ordinary expropriation where only a specific property of
d. The equal protection clause is violated when the burden of solving the agrarian problems is relatively limited area is sought to be taken by the State from its owner for a specific and
placed on the owners only of agricultural lands. perhaps local purpose. What we deal with here is a revolutionary kind of expropriation.
e. In declaring the beneficiaries under P.D. No. 27 to be the owners of the lands occupied by 2c. When E.O. No. 228, categorically stated in its Section 1 that:
them, E.O. No. 228 ignored judicial prerogatives and so violated due process. All qualified farmer-beneficiaries are now deemed full owners as of October 21, 1972 of the
f. The power to provide for a Comprehensive Agrarian Reform Program as decreed by the land they acquired by virtue of P.D. No. 27.
Constitution belongs to Congress and not the President. Although petitioners agree that the It was obviously referring to lands already validly acquired under the said decree, after proof
President could exercise legislative power until the Congress was convened, they contend of full-fledged membership in the farmers' cooperatives and full payment of just compensation.
that she could do so only to enact emergency measures during the period. Hence, it was also perfectly proper for the Order to also provide in its Section 2 that the "lease
g. The money needed to create the P50 billon special fund under Proc. No. 131 is in futuro, rentals paid to the landowner by the farmer-beneficiary after October 21, 1972 (pending
not in esse, i.e., it has yet to be raised and cannot be appropriated at that time. transfer of ownership after full payment of just compensation), shall be considered as advance
h. The sugar planters argued that they are a separate group with problems exclusively their payment for the land.
own and by being lumped in the same legislation with other farmers, their right to equal 2d. Equal protection simply means that all persons or things similarly situated must be treated
protection has been violated. alike both as to the rights conferred and the liabilities imposed. The argument that not only
i. There was a failure to establish by clear and convincing evidence the necessity for the landowners but also owners of other properties must be made to share the burden of
exercise of the powers of eminent domain, and the violation of the fundamental right to own implementing land reform must be rejected. There is a substantial distinction between these
property. two classes of owners that is clearly visible except to those who will not see. 30
j. The petitioners also decry the penalty for non-registration of the lands, which is the 2e. The CARP Law conditions the transfer of possession and ownership of the land to the
expropriation of the said land for an amount equal to the government assessor's valuation of government on receipt by the landowner of the corresponding payment or the deposit by the
the land for tax purposes. On the other hand, if the landowner declares his own valuation, he DAR of the compensation in cash or LBP bonds with an accessible bank. Until then, title
is unjustly required to immediately pay the corresponding taxes on the land, in violation of the remains with the landowner. No outright change of ownership is contemplated either.
uniformity rule.28 2f. The power of President Aquino to promulgate Proc. No. 131 and E.O. Nos. 228 and 229
k. E.O. No. 229 violates the constitutional requirement that a bill shall have only one subject, was authorized under Section 6 of the Transitory Provisions of the 1987 Constitution. It is not
to be expressed in its title. correct to say that these measures ceased to be valid when she lost her legislative power for,
like any statute, they continue to be in force unless modified or repealed by subsequent law or
HELD 29
The power of eminent domain is one of the three inherent powers of the State. It is the power “to forcibly acquire private lands intended for public use
upon payment of just compensation to the owner.” It is inherent because it exists without need for legislation, i.e., even if it is not sanctioned by any law or
even the Constitution, the State may exercise it. Why? Because these powers are necessary for a state to exist. The other two are police power and taxation.
28 30
This was not discussed directly but may be construed as being under No. 1 above. It will still be the courts who will decide what just compensation would Frankly, I don’t like the way this ponente argues. He’s like saying, now I don’t want to explain why. If you can’t see the reasoning it’s your fault. Anyway,
be. we’re infallible remember? His next sentence: There is no need to elaborate on this matter. Tsk…
declared invalid by the courts. A statute does not ipso facto become inoperative simply 1. R.A. No. 6657, P.D. No. 27, Proc. No. 131, and E.O. Nos. 228 and 229 are SUSTAINED
because of the dissolution of the legislature that enacted it. Significantly, the Congress she is against all the constitutional objections raised in the herein petitions.
alleged to have undercut has not rejected but in fact substantially affirmed the challenged 2. Title to all expropriated properties shall be transferred to the State only upon full payment of
measures and has specifically provided that they shall be suppletory to R.A. No. 6657 compensation to their respective owners.
whenever not inconsistent with its provisions. 3. All rights previously acquired by the tenant-farmers under P.D. No. 27 are retained and
2g. Proc. No. 131 is not an appropriation measure even if it does provide for the creation of recognized.
said fund, for that is not its principal purpose. An appropriation law is one the primary and 4. Landowners who were unable to exercise their rights of retention under P.D. No. 27 shall
specific purpose of which is to authorize the release of public funds from the treasury. The enjoy the retention rights granted by R.A. No. 6657 under the conditions therein prescribed.
creation of the fund is only incidental to the main objective of the proclamation, which is 5. Subject to the above-mentioned rulings, all the petitions are DISMISSED, without
agrarian reform. Section 24 and Section 25(4) of Article VI, are not applicable. With particular pronouncement as to costs.
reference to Section 24, this obviously could not have been complied with for the simple SO ORDERED. (Unanimous court)
reason that the House of Representatives, which now has the exclusive power to initiate
appropriation measures, had not yet been convened when the proclamation was issued. The LUZ FARMS V SECRETARY OF DAR
legislative power was then solely vested in the President of the Philippines, who embodied, as PARAS; December 4, 1990
it were, both houses of Congress.
2h. No evidence has been submitted to the Court that the requisites of a valid classification FACTS
have been violated. Classification has been defined as the grouping of persons or things - Petition for prohibition to review the decision of the Secretary of the Department of Agrarian
similar to each other in certain particulars and different from each other in these same Reform
particulars. To be valid, it must conform to the following requirements: (1) it must be based on - 6/10/88: Pres. Aquino approved RA 6657 or the Comprehensive Agrarian Reform Law which
substantial distinctions; (2) it must be germane to the purposes of the law; (3) it must not be includes the raising of livestock, swine and poultry
limited to existing conditions only; and (4) it must apply equally to all the members of the 1/2/89: Sec. of Agrarian Reform (SAR) promulgated Guidelines and Procedures Implementing
class. The Court finds that all these requisites have been met by the measures here Production and Profit Sharing for RA 6657 (S13 & S32)
challenged as arbitrary and discriminatory. - 1/9/89: SAR promulgated Rules and Regulations implementing S11 (commercial farms)
2i. The power of expropriation is by no means absolute. The limitation is found in the -Luz Farms, petitioner, is a corporation engaged in livestock/poultry, adversely affected by RA
constitutional injunction that "private property shall not be taken for public use without just 6657
compensation" and in the abundant jurisprudence that has evolved from the interpretation of -petition prays that RA be declared unconstitutional; it is also prayed that a preliminary
this principle. Basically, the requirements for a proper exercise of the power are: (1) public use injunction be issued to enjoin the enforcement of the said law (injunction denied)
and (2) just compensation.31 8/24/89: court granted motion for reconsideration on injunctive relief
Some of the petitioners invoked their right of maximum retention under Art. XIII, Sec. 4 of the -Luz Farms questions the following provisions of RA 6657:
Constitution and under P.D. 316 which was promulgated in implementation of P.D. 27. S3(b): includes raising of livestock in definition of “Agricultural Enterprise/Activity”
2j. R.A. No. 6657 does provide for such limits now in Sec. 6 of the law, which in fact is one of S11: defines “commercial farms” as “agricultural lands devoted to commercial livestock,
its most controversial provisions. (Sec 6: Max per landowner is 5 hec. 3 hec may be awarded poultry and swine raising
to each child at least 15 yrs old and actually tilling or directly managing the land) S13: calls for production-sharing plan (distribute 3% of gross sales & 10% of gross profits
2k. It is settled that the title of a bill does not have to be a catalogue of its contents and will to workers as additional compensation)
S16(d) & 17: vests in DAR authority to determine compensation to be paid for lands
suffice if the matters embodied in the text are relevant to each other.
covered by RA 6657
Decision S32: spells out production-sharing plan in S13
WHEREFORE, the Court holds as follows: -the constitutional provision under consideration is A13, S4, “Agrarian and Natural Resources
Reform”
31
There was a shift in subject after this. He tackled the argument on why the State did not distribute public lands only by pointing out the Constitution’s “the
just distribution of all agricultural lands” clause. Then he plays the political question card on the issue of why the distribution would be private lands first.
which grants farmers and farm-workers who are landless, the right to directly or collectively FACTS
own the land they are tilling Petitioner challenges RA7042 on the ground that:
-livestock and poultry raising is different from crop farming in that land is not a primary input in - It defeats the constitutional policy of developing a self-reliant and independent national
the former economy effectively controlled by Filipinos and the protection of Filipino enterprises against
unfair foreign competition and trade practices
ISSUE - He claims that the law abdicates all regulation of foreign enterprises in this country and gives
WON S3(b), 11, 13 & 32 of RA 6657 are constitutional insofar as said law includes the raising them unfair advantages over local investments which are practically elbowed out in their own
of livestock, poultry and swine in its coverage as well as in its Implementing Rules and land with the complicity of their own government
Guidelines - Under Section 5 of the said law a foreign investor may do business in the Philippines or
invest in a domestic enterprise up to 100% of its capital without need of prior approval
HELD o All that it has to do is register with the Securities and Exchange Commission or the
Instant petition GRANTED. S3(b), 11, 13 & 32 of RA 6657 are constitutional insofar as said Bureau of Trade Regulation and Consumer Protection in the case of a single
law includes the raising of livestock, poultry and swine in its coverage as well as in its proprietorship
Implementing Rules and Guidelines are hereby declared null and void for being o “The SEC or BTRCP, as the case may be, shall not impose any limitations on the
extent of foreign ownership in an enterprise additional to those provided in the Act”
unconstitutional and the writ of preliminary injunction issued is hereby made permanent
- Under Section 7, “non-Philippine nationals may own up to one hundred percent (100%) of
Ratio the question raised is one of constitutional construction; in construing any ambiguous
domestic market enterprises unless foreign ownership therein is prohibited or limited by
provisions, the courts may look to the debates of the concon
existing law or the Foreign Investment Negative List under Section 8 hereof."
-the transcripts of the 1986 concon clearly show that the meaning of the word “agricultural” (its
- However, the system of negative list under Section 8 abandons the positive aspect of
dictionary meaning aside) was never meant to include livestock and poultry industries in its
regulation and exercise of authority over foreign investments. In effect, it assumes that so long
coverage;
as foreign investments are not in areas covered by the list, such investments are not
there is no reason to include livestock and poultry lands in agrarian reform
detrimental to but are good for the national economy.
-S13 & 32 calling for production-sharing is confiscatory and is thus violative of due process
o List A – merely enumerate areas of activities already reserved to Philippine nationals
by mandate of the Constitution and specific laws
SEPARATE OPINION o List B - contain areas of activities and enterprises already regulated according to law
and includes small and medium-sized domestic market enterprises or export
SARMIENTO enterprises which utilize raw materials from depleting natural resources with paid-in
-agrees that petition be granted but not that main issue is one of consti construction and equity capital of less than the equivalent of US$500,000.00; meaning, SMEs are for
interpretation Filipinos. Or even, Filipinos are not encouraged to go big.
A13, S4: “..in case of other farm workers, to receive a just share of the fruits thereof…”—this o List C - contain areas of investment m which "existing enterprises already serve
phrase provides a possible coverage of livestock, poultry and swine adequately the needs of the economy and the consumers and do not need further
foreign investments."; However, existing enterprises must be qualified as Filipino, if
-every presumption should be indulged in favor of the constitutionality of a statute
not, it shall protect foreign enterprises too
ISSUE: WON assailed provisions violate equal protection clause of the consti - Section 9 is also attacked, because if a Philippine national believes that an area of
-clearly, livestock & poultry lands and crop & tree farms are not similarly situated, hence the investment should be included in list C, the burden is on him to show that the criteria
inclusion of the former in CARP would be violative of the equal protection clause enumerated in said section are met
- Articles 2, 32, & 35 of the Omnibus Investments Code of 1982 are done away with by RA
GARCIA V EXECUTIVE SECRETARY 7042.
CRUZ; December 2, 1991 - By repealing Articles 49, 50, 54 and 56 of the 1987 Omnibus Investments Code, RA No.
7042 further abandons the regulation of foreign investments by doing away with important
requirements for doing business in the Philippines.
- The Transitory provisions of RA 7042, which allow practically unlimited entry of foreign - Section 9 provides for the criteria to be used by NEDA in determining the areas of
investments for three years, subject only to a supposed Transitory Foreign Investment investment for inclusion in List C
Negative List, not only completely deregulates foreign investments but would place Filipino o Petition for inclusion therein requires "a public hearing at which affected parties will
enterprises at a fatal disadvantage in their own country. have the opportunity to show whether the petitioner industry adequately serves the
Sol-Gen answers: economy and the consumers."
- phrase "without need of prior approval" applies to equity restrictions alone o Provision is designed to protect the consumers as not all existing enterprises satisfy
the criteria inclusion in List C.
o prior to the effectivity of RA 7042, Article 46 of the Omnibus
- Regarding the repealing of provisions of the Omnibus Investment Code
Investments Code of 1987 (EO No. 226), provided that a non-Philippine national could,
without need of prior authority from the Board of Investments (BOI), invest in: (1) any o purposely removed because the determination of the areas of investment open to
enterprise registered under Book I (Investments with Incentives); and (2) enterprises foreign investors is made easy by the Foreign Investment Negative List formulated and
not registered under Book I, to the extent that the total investment of the non- recommended by NEDA following the process and criteria provided in Sections 8 & 9
Philippine national did not exceed 40% of the outstanding capital of the Act
o On the other hand, under Article 47 thereof, if an investment by a - Re the Transitory Foreign Investment Negative List
non-Philippine nationals in an enterprise not registered under Book I was such that the o it practically includes the same areas of investment reserved to Filipino under Section
total participation by non-Philippine nationals in the outstanding capital thereof 5", and the “SEC shall disallow registration of the applying non-Philippine national if
exceeded 40%, prior authority from the BOI was required. the existing joint venture enterprises, particularly the Filipino partners therein, can
- With the introduction of the Negative List under Sections 8 & 15, the areas of investments reasonably prove they are capable to make the investment needed for the domestic
not open to foreign investors are already determined and outlined; hence, registration with the market activities to be undertaken by the competing applicant.
SEC or BTRCP, as the case may be, is now the initial step to be taken by foreign investors.
Senator Paterno as Intervenor:
- the over-all strategy embodied in the Act to develop a self-reliant economy, as well as the
- This registration constitutes regulation and exercise of authority over foreign investments.
provisions designed to promote full employment for Filipinos
Under SEC and BTRCP rules and regulations, foreign investors must first comply with certain
- suggests that the constitutional challenge should be rejected outright for noncompliance with
requirements before they can be issued a license to do business in the Philippines.
the requisites of a judicial inquiry into a constitutional question, to wit: (1) there must be an
- Section 7 of RA 7042 allows non-Philippine nationals to own up to 100% of domestic market
actual case or controversy; (2) the constitutional question must be raised by a proper party;
enterprises only in areas of investments outside the prohibitions and limitations imposed by
(3) the constitutional question must be raised at the earliest opportunity; and (4) the resolution
law to protect Filipino ownership and interest.
of the constitutional question must be necessary to the decision of the case.
- The Foreign Investment Negative List under Section 8 reserves to Filipinos sensitive areas
of investments. List C prohibits foreign investors from engaging in areas of activities where
ISSUES
existing enterprises already serve adequately the needs of the economy and the consumer.
1. WON there is actual controversy
o The Act opens the door to foreign investments only after securing to Filipinos their
rights and interests over the national economy. 2. WON petitioners have legal standing
o List A – The provisions of the Constitution and other specific laws regulate or limit the 3. WON constitutionality lis mota of the case
extent of foreign ownership in enterprises engaged in areas of activity reserved for 4. WON this entails a political question
Filipinos
o List B - contains areas already regulated pursuant to law already makes it clear that it HELD
is regulatory. It channels efforts at promoting foreign investments to bigger enterprises 1. There is at this point no actual case or controversy, particularly because of the absence of
where there is an acute lack of Filipino capital; scheme is for foreign investments to the implementing rules that are supposed to carry the Act into effect
supplement Filipino capital in big enterprises. a. A controversy must be one that is appropriate or "ripe" for determination, not
o List C - to allow healthy competition, Activities which do not adequately meet-the conjectural or anticipatory
needs of the consumers should not be included in list C; if not, consumers would be at 2. The petitioner, as a citizen and taxpayer, and particularly as a member of the House of
the mercy of unscrupulous producers Representatives, comes under the definition that a proper party is one who has sustained
o Foreign Corporations under a valid license prior to the enactment of RA 7042 or is in danger of sustaining an injury as a result of the act complained of.
necessarily come within the protection of the law.
3. The constitutional question has not been raised tardily but in fact, as just remarked, - Commonwealth Act No. 548 gives the Director of Public Works, with the approval of the
prematurely. Secretary of the Public Works and Communications the authority to promulgate rules and
- The constitutional challenge must be rejected for failure to show that there is an indubitable regulations to regulate and control the use of and traffic on national roads.
ground for it, not to say even a necessity to resolve it.
a. Policy of the courts is to avoid ruling on constitutional questions and to presume that Procedure Maximo Calang, in his capacity as private citizen and as a taxpayer of Manila,
the acts of the political departments are valid in the absence of a clear and
filed a petition for a writ of prohibition against the Chairman of NTC, Director of PW, Acting
unmistakable showing to the contrary. To doubt is to sustain.
b. based on the doctrine of separation of powers which enjoins upon each department a Secretary of PWC, Mayor of Manila and Acting Chielf of Police of Manila.
becoming respect for the acts of the other departments
c. theory is that as the joint act of Congress and the President of the Philippines, a law ISSUES
has been carefully studied and determined to be in accordance with the fundamental 1. WON Commonwealth Act No. 548 is unconstitutional because it constitutes an undue
law before it was finally enacted. delegation of legislative power.
- the cause of unconstitutionality has not been proved by the petitioner 2. WON the rules and regulations promulgated constitute an unlawful interference with
d. Act does not violate any of the constitutional provisions the petitioner has mentioned legitimate business or trade and abridge the right to personal liberty and freedom of
4. What we see here is a debate on the wisdom or the efficacy of the Act, but this is a matter
locomotion.
on which we are not competent to rule.
a. In Angara v Electoral Commission: "the judiciary does not pass upon questions of 3. WON the rules and regulations complained of infringe the upon the constitutional precept
wisdom, justice or expediency of legislation." regarding the promotion of social justice to insure the well-being of all the people.
b. allowed only "to settle actual controversies involving rights which are legally
demandable and enforceable," 5 and may not annul an act of the political departments HELD
simply because we feel it is unwise or impractical. 1. No.The Legislature cannot delegate power to make law; but it can make a law to delegate
c. There is no irregularity also, that shows that there has been a grave abuse of a power to determine some fact or state of things upon which the law makes, or intends to
discretion amounting to lack or excess of jurisdiction on the part of any branch or
make, its own action depend.
instrumentality of the Government.
Decision Petition dismissed. Reasoning
1. adherence to precedent
Rubi vs. Provincial Board of Mindoro, Wayman vs. Southard – it was held here that discretion
CALALANG vs. WILLIAMS
may be delegated to executive departments or subordinate officials the execution of certain
LAUREL; December 2, 1940
acts, final on questions of fact.
2. textual interpretation of Commonwealth Act No. 548
FACTS
The provision that “….the Director of Public Works, with the approval of the Secretary of the
- The Secretary of Public Works and Communications (PWC) approved with modification the
Public Works and Communications, shall promulgate rules and regulations to regulate and
recommendation that originated from the National Traffic Commission (NTC), which was
control the use of and traffic on national roads…”, is an administrative function which
favorably indorsed by the Director of Public Works (PW), that Rosario Street and Rizal Avenue
cannot be directly discharged by the National Assembly.
be closed to traffic of animal-drawn vehicles, between the points and during the hours from 7
3. practicality
a.m. to 11 p.m., for a period of one year from the date of the opening of the Colgante Bridge to The complexities of modern governments, the multiplication of the subjects of govt’l
traffic; that the Mayor of Manila and the Acting Chief of Police of Manila have enforced and regulations, and the increased difficulty in administering the law give rise to the adoption,
caused to be enforced the rules and regulations thus adopted; that as a consequence of such within certain limits, the delegation of greater powers by the legislative and vesting a larger
enforcement, all animal drawn vehicles are not allowed to pass and pick up passengers in the amount of discretion in administrative and executive officials, not only in the execution of
places above-mentioned to the detriment not only of their owners but of the riding public as the laws, but also in the promulgation of certain rules and regulations.
well.
2. No. The state may enact laws that may interfere with personal liberty, with property, and - Considering transcendental public interest and the Court’s duty to check on limits of other
with business and occupation if the said laws are intended to promote the welfare of the branches of gov’t, SC brushed aside technicalities of procedure and took cognizance of the
public. (police power of the State) petition.
Reasoning Substantive Issues:
1. precedents (US vs. Gomez, Dobbins vs. Los Angeles & People vs. Pomar) 1. Gambling, unless allowed by law, is prohibited. But prohibition does not mean that gov’t
2. Paradox - The apparent curtailment of liberty is precisely the very means of insuring its can’t regulate it in exercise of police power. Police power is “state authority to enact
preservation legislation that may interfere with personal liberty or property in order to promote general
welfare.” PAGCOR has been beneficial, not just to gov’t, but to society as well.
3. No. Social justice is promoted if the greatest good is brought about to the greatest
2. Manila, being a mere municipal corporation, has no inherent right to impose taxes, its
number.
power to tax must always yield to a legislative act. Municipal corporations are mere creatures
of Congress, therefore Charter of Manila is subject to control by Congress. If Congress can
BASCO V PHILIPPINE AMUSEMENT AND GAMING CORPORATION
grant a municipal corporation the power to tax, it can also provide exemptions or even take
PARAS; May 14, 1991
back the power. Also, Manila’s power to impose license fees on gambling has long been
revoked. The power is now vested exclusively on national government.
FACTS
Local governments, too, have no power to tax instrumentalities of national government, such
- PAGCOR was created by virtue of PD 1067-A and was granted franchise under PD 1067-B
as PAGCOR. PAGCOR is exempt from local taxes.
to establish, operate and maintain gambling casinos. PAGCOR proved to be a potential
The power of local gov’t to impose taxes and fees is always subject to limits w/c Congress
source of revenue. Thus, PD 1399 was passed for PAGCOR to fully attain its objectives. PD
may provide. It can’t be violative, but consistent with principle of local autonomy.
1869 was passed later on to enable PAGCOR/government to regulate and centralize all
Local autonomy doesn’t make local gov’t sovereign w/in state; it simply means
games of chance, giving it territorial jurisdiction all over the Philippines.
decentralization. The local gov’t has been described as a political subdivision of state
PAGCOR became 3rd largest source of gov’t revenue, next to BIR and Bureau of Customs. It
constituted by law and has substantial control of local affairs. It can only be an intra sovereign
sponsored socio-cultural and charitable projects and at that time employed 4,494 employees
subdivision of a sovereign nation, it can’t be an imperium in imperio.
in its 9 casinos.
3. Equal protection doesn’t preclude classification of individuals who may be accorded diff.
Procedure This is petition seeking to annul the PAGCOR charter – PD 1869 treatment as long as classification is not unreasonable/arbitrary. The fact that some gambling
activities (e.g. sweepstakes, lottery, races, cockfighting, etc.) are legalized while others are
ISSUES
prohibited does not render applicable laws such as PD 1869 unconstitutional.
Procedural Issue
Whether or not PD 1869 is a wise legislation is up for Congress to determine. But as of now,
WON petitioners, as taxpayers and practicing lawyers can question and seek the annulment
every law has in its favor the presumption of constitutionality. For a law to be nullified, there
of PD 1869
must be a showing of clear and unequivocal breach of Constitution.
Substantive Issue/s
4. If PD 1869 runs counter to gov’t policies, it is for Executive to recommend to Congress its
WON PD 1869 should be annulled based on the ff grounds:
repeal or amendment. Judiciary does not settle policy issues.
1. it is allegedly contrary to morals, public policy and order
Disposition Petition is DISMISSED.
2. it waived and intruded into the Manila City government’s right to impose taxes and license
fees
OPOSA V FACTORAN
3. it violates equal protection clause in that it legalizes PAGCOR but outlaws other forms of
DAVIDE; July 30, 1993
gambling and vices
4. it violates trend of government away from monopolistic and crony economy
FACTS
HELD
Procedural Issue:
- The overarching theme of the case deals with the prevention the misappropriation or 2. WON minors can assert that they represent other generations and those succeeding
impairment of Philippine rainforests and arrest the unabated hemorrhage of the country’s vital theirs?
life support systems and continued rape of Mother Earth. 3. Merits: WON the respondent judge committed grave abuse of discretion amounting to lack
- In 1991 a case was filed by minors (represented by their parents) and the Philippine of jurisdiction by declaring the petitioners to have no legal right?
Ecological Network (PENI) against the then Secretary of the Department of Environment and 4. Whether or not granting the petition would violate the non-impairment clause found in the
Natural Resources (DENR), Fulgencio Factoran, Jr. who was substituted by the new Constitution?
secretary, Angel Alcala. The complaint was instituted to be a taxpayer’s class suit as it alleges
that all citizen’s of the Philippines are entitled to benefit, use and enjoyment of the country’s HELD
virgin tropical rainforests. The suit also alleges that this suit represents people who are 1. Yes it is a class suit because the subject matter of the complaint is of common and general
sharing the same sentiment towards the preservation of our natural resources (since not all of interest to all citizens of the Philippines and that it would be impracticable to bring them all to
them could go before the court). Furthermore, this was also asserted to be representative of court. The plaintiffs in this case are numerous and representative enough to ensure that all
the current generation and generation that are yet to be born. interests is protected.
- The suit calls for two primary actions that orders the Department of Environment and Natural 2. Yes they can, following the concept of intergenerational responsibility. Every generation
Resources (DENR), its agents, representatives, and those acting on its behalf to, 1. Cancel all has a responsibility to the next to preserve the rhythm and harmony for the full enjoyment of a
existing timber license agreements in the country and 2. to cease and desist from receiving, balanced and healthful environment.
accepting, processing, and renewing or approving new timber license agreements. 3. Yes respondent judge committed grave abuse of discretion amounting to lack of jurisdiction
- The suit starts off with statement of facts regarding the country, the country’s islands, its because it failed to recognize the legal right of the petitioners which is the right to a balanced
natural resources, and scientific evidences pointing to the requirement for the country to and healthful ecology that is incorporated in the 1987 Constitution under Section 16 Article II.
maintain a balanced and healthful ecology (54% should be use for forest cover and 46% for - Moreover, this rights need not be written in the Constitution for this deals with rights that are
agricultural, residential, industrial, commercial, and other uses). They asserted that assumed from the very inception oh humankind. The reason why it was written was because
deforestation resulted in, a. water shortages b. salinization c. massive erosion and loss of soil the framers feared that without a mandate as stated in the state policies future generations
fertility d. extinction of some of the countries flora and fauna e. disturbance and dislocation of would inherit nothing to sustain life. It is clear then that there is a legal right for a balanced
indigenous cultures f. siltation of rivers and seabed g. drought h. increasing velocity of healthful ecology and the right to health. Given that it could also be said that this right is
typhoon winds i. flooding of lowlands j. siltation and shortening of the life span of dams k. further supported by Executive Order No. 192 and the Administrative Code of 1987 making
reduction of earth’s capacity to process carbon dioxide. the cause of action existent.
- Initially the petition was dismissed on the grounds of lack of cause of action, of being political 4. No it does not violate the non-impairment clause because licenses are not contracts,
question, and of causing the impairment of contracts. The petitioners filed for certiorari hence properties or a property right that is protected by the due process clause of the Constitution.
this case. They contend that there is a cause of action using articles 19, 20, and 21 of the As the court held in Tan v. Director of Forestry, a license is merely a permit or privilege to do
Civil Code (the right to a sound environment), Section 4 of Executive Order No. 192 that calls what otherwise would be unlawful and is not a contract. It is not irrevocable. The Chief
for the creation of the Department of Environment and Natural Resources (DENR) to Executive may validly amend, modify, replace, or rescind licenses when national interests so
safeguard the people’s right to a healthful environment, Section 3 of Presidential Decree No. require.
1151 ( Philippine Environmental Policy), and Section 16, Article II of the 1987 Constitution that Given that it is not a contract, the non-impairment clause cannot be invoked.
recognizes the right of the people to a balanced and healthful ecology. As well as the concept - Even if the licenses are contracts, the action stated in the case still does not affect it given
of generational genocide in Criminal Law and the concept of man’s inalienable right to self- that no law or action by the Chief Executive to amend, modify, replace, or rescind licenses so
preservation and self-perpetuation in natural law. it is could not as of the moment be invoked. And furthermore, if there would be a law passed it
would not be considered as a violation of the non-impairment clause as the very nature of the
ISSUES law deals with the exercising of the police power of the state to advance the right of the people
1. Locus Standi: WON the case is a class suit? to a balanced and healthful ecology. The non-impairment clause yields to the police power of
the state.
Decision Petition is granted. Petitioners may amend complaint to implead as defendants the and control the practice of medicine also includes the power to regulate admission to the
holders or grantees of the questioned timber license agreements. ranks of those authorized to practice medicine.
2. The police power of the State is validly exercised if
DECS V SAN DIEGO - (a) the interests of the public generally, as distinguished from those of a particular class,
CRUZ; December 21, 1989 require the interference of the State <lawful subject>; &
(b) the means employed are reasonably necessary to the attainment of the object sought to
FACTS be accomplished, not unduly oppressive upon individuals <lawful method>
- decided en banc, unanimous decision - The case at bar complies with this requisites...
- Respondent Roberto Rey C. San Diego is a BS Zoology graduate from UE. He has taken <subject> It is the right and indeed the responsibility of the State to insure that the medical
the NMAT four times and flunked it as many times. His application to take a fifth examination profession is not infiltrated by incompetents to whom patients may unwarily entrust their
was denied by petitioner DECS on the basis of the “three-flunk rule” under MECS Order #12, lives and health.
Series of 1972. <method> The three-flunk rule is intended to insulate the medical schools and ultimately the
San Diego filed a petition for mandamus at the Valenzuela RTC, invoking his constitutional medical profession from the intrusion of those not qualified to be doctors.
rights to academic freedom and quality education. In an amended complaint, he raised the 3. The right to quality education is NOT absolute. The Constitution also provides that
additional grounds of due process and equal protection and also challenged the "every citizen has the right to choose a profession or course of study, subject to fair,
constitutionality of the aforementioned order. reasonable and equitable admission and academic requirements."
- Pendente lite, with the agreement of both parties, he was allowed to take a fifth attempt at - It is not enough to simply invoke the right to quality education as a guarantee of the
NMAT. This attempt he also failed. Constitution: one must show that he is entitled to it because of his preparation and promise.
- RTC decision released 4 July 1989 granted the petition and declared the challenged order 4. What the equal protection clause requires is equality among equals. A law does not have
invalid. It held that the petitioner had been deprived of his right to pursue a medical education to operate with equal force on all persons or things to be conformable to Article III, Section 1
through an arbitrary exercise of the police power. of the Constitution.
- A substantial distinction exists between medical students and other students who are not
ISSUE subjected to the NMAT and the three-flunk rule. The medical profession directly affects the
WON a person who has thrice failed the National Medical Admission Test (NMAT) is entitled to very lives of the people, unlike other careers which, for this reason, do not require more
take it again. vigilant regulation. The accountant, for example, while belonging to an equally respectable
Or, WON the three-flunk rule is a proper exercise of the police power of the State profession, does not hold the same delicate responsibility as that of the physician and so
need not be similarly treated.
HELD - There would be unequal protection if some applicants who have passed the tests are
Ratio Measures, such as admission exams and the three flunk rule, designed to gauge the admitted and others who have also qualified are denied entrance.
academic preparation of an applicant fall within the valid exercise of the police Note While every person is entitled to aspire to be a doctor, he does not have a
power of the State. constitutional right to be a doctor. The Court suggests the notion of appropriate calling. It is
Reasoning time indeed that the State took decisive steps to regulate and enrich our system of education
1. use of precedent: In Tablarin v. Gutierrez, unanimous Court upheld the constitutionality of by directing the student to the course for which he is best suited as determined by initial tests
the NMAT as a measure intended to limit the admission to medical schools only to those who and evaluations.
have initially proved their competence and preparation for a medical education. Decision Petition is granted. Decision of Valenzuela RTC reversed. Costs against private
- analogy: Tablarin case & case at bar – issue is academic preparation of the applicant. respondent San Diego.
Admission test and the three-flunk rule are both valid measures in the regulation of the
medical profession. The regulation of the practice of medicine in all its branches is a CARINO V INSULAR GOVERNMENT
reasonable method of protecting the health and safety of the public. This power to regulate MALCOLM; February 23, 1909
tenants at will. The fact was that titles were admitted to exist that owed nothing to the powers
FACTS of Spain.
- An appeal to review the judgment of the Supreme Court of the Philippine Islands which - Royal Cedula of October 15, 1754 – Where such possessor shall not be able to produce title
affirmed a judgment of the Court of First Instance of the Province of Benguet, dismissing an deeds, it shall be sufficient if they shall show that ancient possession, as valid title by
application for the registration of certain land. prescription. As prescription, even against the Crown, was recognized by the laws of Spain,
- Mateo Carino, an Igorot, filed an application for the registration of a certain land in the the court sees no sufficient reason to admit that it was recognized in the Philippines in regard
Province of Benguet. For more than 50 years before the Treaty of Paris, in 1899, the to lands over which Spain had only a paper sovereignty.
applicant and his ancestors had held the land as owners. His grandfather had lived upon it - Decree of June 25, 1880 – For private ownership, there must have been a grant by
and maintained fences sufficient for the holding of cattle. His father had cultivated parts and competent authority. For all legal effects, those who have been in possession for certain times
had used parts for pasturing cattle. He had received the land from his father in accordance shall be deemed owners. For cultivated land, 20 years; for uncultivated, 30 years. When this
with Igorot customs and had used it for pasture. They all had been recognized as owners of decree went into effect, the applicant’s father was owner of the land by the very terms of the
the land by the Igorots. No document of title, however, had issued from the Spanish crown decree. This being the case and the fact that his possession was not unlawful (no attempt at
and although I, in 1893-1894, and again in 1896-1897, he made application for one under the any such proceedings against him or his father was ever made), the regulation for the
royal decrees then in force, nothing has come of it. In 1901, he filed a petition, alleging registration of royal land wrongfully occupied does not apply to him. Moreover, the decree
ownership, under the mortgage law, and the lands were registered to him, that process was not calculated to the mind of an Igorot Chief the notion that ancient family possessions
establishing only a possessory title. were in danger, if he had read every word of it.
- Applicant claims that he now owns the land, and is entitled to registration under the Disposition Judgment reversed. Law and justice require that the applicant should be granted
Philippine Commission’s Act No,496 of 1902, which established a court for that purpose with what he seeks, and should not be deprived of what by practice and belief of those among
jurisdiction throughout the Philippine Archipelago, and authorized in general terms whom he live, was his property.
applications to be made by persons claiming to own the land.
- The government claims that Spain had title to all the land in the Philippines except so far as RUBI V PROVINCIAL BOARD OF MINDORO
it saw fit to permit private titles to be acquired; that there was no prescription against the MALCOLM; February 28, 1919
crown and that, if there was, a decree of June 25, 1880, required registration within a limited
time to make the title good; that the applicant’s land was not registered, and therefore became FACTS
public land; that he United States succeeded to the title of Spain, and that the he has no rights - Rubi and various other Manguianes in the Province of Mindoro were ordered by the
that the Philippine government is bound to respect. provincial governor of Mindoro to remove their residence from their native habitat and to
establish themselves on a reservation at Tigbao in the Province of Mindoro and to remain
ISSUE there, or be punished by imprisonment if they escaped. This reservation, as appears from the
WON the applicant owns the land resolution of the provincial board, extends over an area of 800 hectares of land, which is
approximately 2,000 acres, on which about three hundred Manguianes are confined. One of
HELD the Manguianes, Dabalos, escaped from the reservation and was taken in hand by the
- Yes. By the Organic Act of July 1, 1902, all the property and rights acquired by the United provincial sheriff and placed in prison at Calapan, solely because he escaped from the
States are to be administered for the benefits of the inhabitants of the Philippines. Thus, reservation. The Manguianes sued out a writ of habeas corpus in this court, alleging that they
when, as far back as testimony or memory goes, the land has been held by individuals under are deprived of their liberty in violation of law.
a claim of private ownership, it shall be presumed to have been held in the same way before - The return of the Solicitor-General alleges that on February 1, 1917, the provincial board of
the Spanish conquest, and never to have been public land. Mindoro adopted resolution No. 25 signed by the provincial governor, Hon. Juan Morente, jr..
- Under the laws of Spain, there is no clear proof that he does not own the land. Spain did not The law’s primary objective is the advancement of the welfare of the non-Christian people of
assume to convert all the native inhabitant of the Philippines into trespassers or even into Mindoro. In one of the Whereas clauses, it was stated that the provincial governor is of the
opinion that the sitio of Tigbao on Lake Naujan is a place most convenient for the Mangyanes
to live on. Pursuant to the Governor’s powers under section 2077 of the Administrative Code, - There is no doubt in my mind that this people has not a right conception of liberty and does
800 hectares of public land in the sitio of Tigbao on Naujan Lake was selected as a site for the not practise liberty in a rightful way. They understand liberty as the right to do anything they
permanent settlement of Mangyanes in Mindoro subject to the approval of the Honorable will-going from one place to another in the mountains, burning and destroying forests and
Secretary of the Interior. Under the resolution of the Provincial Board, any Mangyan who shall making illegal caiñgins thereon. Not knowing what true liberty is and not practicing the same
refuse to comply with this order shall upon conviction be imprisoned not exceeding sixty days rightfully, how can they allege that they are being deprived thereof without due process of
in accordance with section 2759 of the revised Administrative Code. The resolution of the law?
provincial board of Mindoro copied in paragraph 1 and the executive order of the governor of - But does the Constitutional guaranty that no person shall be deprived of his liberty without
the same province copied in paragraph 3, were necessary measures for the protection of the due process of law apply to a class of persons who do not have a correct idea of what liberty
Mangyanes of Mindoro as well as the protection of public forests in which they roam, and to is and do not practice liberty in a rightful way?
introduce civilized customs among them. - To say that it does will mean to sanction and defend an erroneous idea of such class of
persons as to what liberty is. It will mean, in the case at bar, that the Government should not
ISSUES adopt any measures looking to the welfare and advancement of the class of persons in
1. WON the Mangyan’s were deprived of due process when their liberty to choose their homes question. It will mean that this people should be let alone in the mountains and in a permanent
were limited by the law. state of savagery without even the remotest hope of coming to understand liberty in its true
2. WON the Legislature exceeded its authority in enacting the law mandating the forcible and noble sense. In dealing with the backward population, like the Manguianes, the
transfer of the Mangyanes. Government has been placed in the alternative of either letting them alone or guiding them in
the path of civilization. The latter measure was adopted as the one more in accord with
HELD humanity and with national conscience.
1. NO. None of the rights of the citizen can be taken away except by due process of law. - The Mangyans will ultimately become a heavy burden to the State and on account of their
Daniel Webster, in the course of the argument in the Dartmouth College Case before the ignorance they will commit crimes and make depredations, or if not they will be subjected to
United States Supreme Court, since a classic in forensic literature, said that the meaning of involuntary servitude by those who may want to abuse them.. They understand liberty as the
"due process of law" is, that "every citizen shall hold his life, liberty, property, and immunities right to do anything they will-going from one place to another in the mountains, burning and
under the protection of the general rules which govern society." To constitute "due process of destroying forests and making illegal caiñgins thereon. To allow them to successfully invoke
law," as has been often held, a judicial proceeding is not always necessary. In some that Constitutional guaranty at this time will leave the Government without recourse to pursue
instances, even a hearing and notice are not requisite, a rule which is especially true where the works of civilizing them and making them useful citizens. They will thus be left in a
much must be left to the discretion of the administrative officers in applying a law to particular permanent state of savagery and become a vulnerable point of attack by those who doubt,
cases. (See McGehee, Due Process of Law, p. 371.) Neither is due process a stationary and may challenge the ability of the nation to deal with our backward brothers.
blind sentinel of liberty. "Any legal proceeding enforced by public authority, whether - Further, one cannot hold that the liberty of the citizen is unduly interfered with when the
sanctioned by age and custom, or newly devised in the discretion of the legislative power in degree of civilization of the Manguianes is considered. They are restrained for their own good
furtherance of the public good which regards and preserves these principles of liberty and and the general good of the Philippines. Nor can one say that due process of law, has not
justice must be held to be due process of law." (Hurtado vs. California [1883], 110 U. S., 516.) been followed. To go back to our definition of due process of law and equal protection of the
"Due process of law" means simply * * * "first, that there shall be a law prescribed in harmony laws, there exists a law; the law seems to be reasonable; it is enforced according to the
with the general powers of the legislative department of the Government; second, that this law regular methods of procedure prescribed; and it applies alike to all of a class.
shall be reasonable in its operation; third, that it shall be enforced according to the regular
methods of procedure prescribed; and fourth, that it shall be applicable alike to all the citizens 2. NO. Considered, therefore, purely as an exercise of the police power, the courts cannot
of the state or to all of a class." (U. S. vs. Ling Su Fan [1908], 10 Phil., 104, affirmed on fairly say that the Legislature has exceeded its rightful authority. It is, indeed, an unusual
appeal to the United States Supreme Court.1) "What is due process of law depends on exercise of that power. But a great malady requires an equally drastic remedy.
circumstances it varies with the subject-matter and necessities of the situation." (Moyer vs. - As a point which has been left for the end of this decision and which in case of doubt, would
Peabody [1909], 212 U. S., 82.) lead to the determination that section 2145 is valid, is the attitude which the courts should
assume towards the settled policy of the Government. In a late decision with which we are in Christian" tribe, not only to maintain a mode of life independent of and apart from that
full accord, Gamble vs. Vanderbilt University (200 Southwestern Reporter, 510) the Chief maintained by such tribe, but a mode of life as would not be inimical to the lives or property or
Justice of the Supreme Court of Tennessee writes: general welfare of the civilized inhabitants of the Islands with whom they are brought in
We can see no objection to the application of public policy as a ratio decidendi. Every contact.
really new question that comes before the courts is, in the last analysis, determined on - The contention that in this particular case, and without challenging the validity of the statute,
that theory, when not determined by differentiation of the principle of a prior case or line the writ should issue because of the failure to give these petitioners as well as the rest of the
of cases, or by the aid of analogies furnished by such prior cases. In balancing conflicting fifteen thousand Manguianes by the reconcentration order an opportunity to be heard before
solutions, that one is perceived to tip the scales which the court believes will best any attempt was made to enforce it, begs the question and is, of course, tantamount to a
promote the public welfare in its probable operation as a general rule 2145 of the contention that there is no authority in law for the issuance of such an order.
Administrative Code does not deprive a person of his liberty without due process of law
and does not deny to him the equal protection of the laws, and that confinement in MOIR
reservations in accordance with said section does not constitute slavery and involuntary - I realize that a dissenting opinion carries little weight, but my sense of justice will not
servitude. We are further of the opinion that section 2145 of the Administrative Code is a permit me to let this decision go on record without expressing my strong dissent from the
legitimate exertion of the police power, somewhat analogous to the Indian policy of the opinion of Justice Malcolm, concurred in by a majority of the court. I shall not attempt to
United States. Section 2145 of the Administrative Code of 1917 is constitutional. analyze the opinion or to go into the questions in detail. I shall simply state, as briefly as may
Decision Petitioners are not unlawfully imprisoned or restrained of their liberty. Habeas be the legal and human side of the case as it presents itself to my mind.
corpus can, therefore, not issue. - The Manguianes are not a separate state. They have no treaty with the Government of
the Philippine Islands by which they have agreed to live within a certain district where they are
SEPARATE OPINION accorded exclusive rights. They are citizens of the Philippine Islands. Legally they are
Filipinos. They are entitled to all the rights and privileges of any other citizen of this country.
CARSON And when the provincial governor of the Province of Mindoro attempted to take them from
- The legislative and administrative history of the Philippine Islands clearly discloses that the their native habitat and to hold them on the little reservation of about 800 hectares, he
standard of civilization to which a specific tribe must be found to have advanced, to justify its deprived them of their rights and their liberty without due process of law, and they were denied
removal from the class embraced within the descriptive term "non-Christian," as that term is the equal protection of the law. The majority opinion says "they are restrained for their own
used in the Philippine statute-book, is that degree of civilization which results in a mode of life good and the general good of the Philippines." They are to be made to accept the civilization
within the tribe, such that it is feasible and practicable to extend to, and enforce upon its of the more advanced Filipinos whether they want it or not. They are backward and deficient in
membership the general laws and regulations, administrative, legislative, and judicial, which culture and must be moved from their homes, however humble they may be and "brought
control the conduct of the admittedly civilized inhabitants of the Islands; a mode of life, under the bells" and made to stay on a reservation. Are these petitioners charged with any
furthermore, which does not find expression in tribal customs or practices which tend to crime? There is no mention in the return of the Solicitor-General of the Philippine Islands of
brutalize or debauch the members of the tribe indulging in such customs or practices, or to any crime having been committed by these "peaceful, timid, primitive, semi-nomadic people."
expose to loss or peril the lives or property of those who may be brought in contact with the - It has been said that this is a government of laws and not of men; that there is no arbitrary
members of the tribe. body of individuals; that the constitutional principles upon which our government and its
- So the standard of civilization to which any given number or group of inhabitants of a institutions rest do not leave room for the play and action of purely personal and arbitrary
particular province in these Islands, or any individual member of such a group must be found power, but that all in authority are guided and limited by these provisions which the people
to have advanced, in order to remove such group or individual from the class embraced within have, through the organic law, declared shall be the measure and scope of all control
the statutory description of "non-Christian," is that degree of civilization which would naturally exercised over them. In particular the fourteenth amendment, and especially the equal
and normally result in the withdrawal by such persons of permanent allegiance or adherence protection clause, thereof, forbids that the individual shall be subjected to any arbitrary
to a "non-Christian" tribe had they at any time adhered to or maintained allegiance to such a exercise of the powers of government; it was intended to prohibit, and does prohibit, any
tribe; and which would qualify them whether they reside within or beyond the habitat of a "non- arbitrary deprivation of life or liberty, or arbitrary spoliation of property.
- As we have seen, a statute which makes a purely arbitrary or unreasonable classification, or the Manguianes may be so taken from their native habitat and reconcentrated on a
which singles out any particular individual or class as the subject of hostile and discriminating reservation-in effect an open air jail-then so may the Ifugaos, so may the Tinguianes, who
legislation, is clearly unconstitutional as being opposed to the fourteenth amendment and have made more progress than the Ifugaos, and so may the Moros.
especially to the equal protection clause thereof. This is a plain case, and requires no further - There are "non-Christian" in nearly every province in the Philippine Islands. All of the thirty-
discussion." (Vol. 4, Encyclopedia of U. S. Supreme Court Reports, p. 366.) When we nine governors upon the prior approval of the head of the department have the power under
consider the nature and the theory of our institutions of government, the principles upon which this law to take the non-Christian inhabitants of their different provinces from their homes and
they are supposed to rest, and review the history of their development, we are constrained to put them on a reservation for "their own good and the general good of the Philippines," and
conclude that they do not mean to leave room for the play and action of purely personal and the courts will grant them no relief. These unfortunate citizens of the Philippine Islands would
arbitrary power. Sovereignty itself is, of course, not subject to law, for it is the author and hold their liberty, and their lives, may be subject to the unregulated discretion of the provincial
source of law; but in our system, while sovereign powers are delegated to the agencies of governor. And who would be safe? After the reservation is once established might not a
government, sovereignty itself remain with the people by whom and for whom all government provincial governor decide that some political enemy was a non-Christian, and that he would
exists and acts. And the law is the definition and limitation of power. It is, indeed, quite true, be safer on the reservation. No matter what his education and culture, he could have no trial,
that there must always be lodged somewhere, and in some person or body, the authority of he could make no defense, the judge of the court might be in a distant province and not within
final decision; and, in many cases of mere administration the responsibility is purely political, reach, and the provincial governor's fiat is final.
no appeal lying except to the ultimate tribunal of the public judgment, exercised either in the - There can be no denial that the Ifugaos are "non-Christians," or "wild tribes" and are in
pressure of opinion or by means of the suffrage. But the fundamental rights to life, liberty, and exactly the same category as the Manguianes. If the Manguianes may be so taken from their
the pursuit of happiness, considered as individual possessions, are secured by those maxims native habitat and reconcentrated on a reservation-in effect an open air jail-then so may the
of constitutional law which are the monuments showing the victorious progress of the race in Ifugaos, so may the Tinguianes, who have made more progress than the Ifugaos, and so may
securing to men the blessings of civilization under the reign of just and equal laws, so that, in the Moros.
the famous language of Massachusetts Bill of Rights, the Government of Commonwealth 'may - I think this Court should declare that sections 2145 and 2759 of the Administrative Code of
be a government of law and not of men.' For the very idea that one man may be compelled to 1917 are unconstitutional, null and void, and that the petitioners are illegally restrained of their
hold his life, or the means of living, or any material right essential to the enjoyment of life, at liberty, and that they have been denied the equal protection of the laws, and order the
the mere will of another, seems to be intolerable in any country where freedom prevails, as respondents immediately to liberate all of the petitioners.
being the essence of slavery itself." (Yiek Wo vs. Hopkins, 118 U. S., 374.)
- It is said that the present law is an old Act being in substance Act No. 547 of the Philippine PIT-OG V PEOPLE
Commission. But it has never been brought before this court for determination of its FERNAN; October 11, 1990
constitutionality. No matter how beneficient the motives of the lawmakers if the law tends to
deprive any man of life, liberty, or property without due process of law, it is void. In my opinion FACTS
the acts complained of which were taken in conformity with section 2145 of the Administrative - Appeal from the decision of the Court of Appeals
Code not only deprive these Manguianes of their liberty, without due process of law, but will in - There was a communal land in Laog, Mainit, Mt. Province called the tayan. It was owned by
all probability deprive them of their life, without due process of law. History teaches that to the tomayan group whose members were descendants of the original owners thereof named
take a semi-nomadic tribe from their native fastnesses and to transfer them to the narrow Jakot and Pang-o. One of their descendants, Pel-ey Cullalad, was requested by the tomayan
confines of a reservation is to invite disease and suffering and death. to act in their behalf in selling the 400-sqm residential portion of the tayan, in order that the
- From my long experience in the Islands, I should say that it would be a crime of little less tomayan would have something to butcher and eat during a celebration called ato. The sale
magnitude to take the Ifugaos from their mountain homes where they have reclaimed a was made in consideration of P1,500 and was made in favor of Edward Pasiteng, whose
wilderness and made it a land of beauty and fruitfulness and to transfer them to the more house had been built thereon. It was agreed that the unregistered property would be
fertile, unoccupied, malaria infested valleys which they look down upon from their fields-than it registered under Sec. 194 of the Revised Administrative Code as amended by Act No. 3344.
would be to order their decapitation en masse. There can be no denial that the Ifugaos are Besides Cullalad, several members of the tomayan affixed their signatures or thumb marks on
"non-Christians," or "wild tribes" and are in exactly the same category as the Manguianes. If
the notarized deed of sale. Thereafter, Pasiteng declared the property as his own for taxation
purposes and paid taxes thereon. HELD
- In 1983, while Pasiteng was out hunting, Erkey Pit-og (aka Mary Pit-og) and her companions 1. Erkey Pit-og could not have had criminal intent because she took the sugarcane and
destroyed the fence erected by Pasiteng and cut down and took away the sugarcane worth bananas believing them to be her own.
P1,000 and the banana fruits valued at P100 found in the area. Pasiteng reported the matter - Edward Pasiteng relied heavily on his documentary evidence to prove ownership over the
to the police. Three days later, the police filed a complaint for theft against Erkey Pit-og in the sugarcane and bananas. A careful study of these documents, in conjunction with the
Municipal Trial Court of Bontoc. testimonial evidence extant in the record, however, discloses matters which put a cloud of
- Pit-og pleaded not guilty of theft on the ground that the tayan belonged to her, her father doubt upon Pit-og’s culpability. The deed of sale describes the property as containing an area
Lobchoken being a descendant Jakot. She did not declare the land for taxation purposes of 400 sqm, while the tax declarations show that the property contains an area of 512 sqm.
because no one in the tomayan was allowed to declare the land as his own. However, any The testimonies presented by the prosecution and the defense show that the areas cultivated
member of the tomayan could make improvements on the land and claim them as his own. by Pasiteng and Pit-og were adjacent and so close to each other that the possibility of
Anyone who abandoned the land would be succeeded only by other members. No person confusion as to who planted which plants is not remote. In fact, before the filing of this case,
outside the tomayan could succeed to the cultivation of the tayan. Pit-og had sued Pasiteng's son, Donato, who allegedly cut down bananas she had planted in
- Lobchoken, planted sugarcane in the tayan in Loag and when he died, his widow Pidchoy the area. The fact that Edward had built a fence around the area he claimed as his does not
and their children continued cultivating the land. They also built a granary thereon. The land necessarily prove that he enclosed only the 400 square meters he had purchased from the
was later given to Pit-og by Pidchoy for cultivation. Thereafter, the family allowed Pasiteng to tomayan. After all, he had declared as his own for taxation purposes 112 square meters more
build a house behind the place where Pit-og and her family used to have a house because than the area he bought.
Edward was Erkey's uncle being the brother of her father. Erkey planted the bananas and - There is on record a survey plan of the 512 square-meter area claimed by Edward but there
avocado trees in the area and harvested the sugarcane. No one had ever prevented her from are no indications therein of the exact area involved in this case. Proof on the matter,
cutting the sugarcane and the other plants. however, is important for it means the Identification of the rightful owner of the stolen
The municipal trial court discredited Pit-og's story emphasizing that her claim of continuous properties. It should be emphasized that to prove the crime of theft, it is necessary and
occupation and possession of the land was baseless as she had "no papers to show" or prove indispensable to clearly Identify the person who, as a result of a criminal act, without his
such claim. It found that an the elements of theft under Article 308 of the RPC were present knowledge and consent, was wrongfully deprived of a thing belonging to him.
and accordingly rendered the judgment of conviction.
- On appeal, the Court of Appeals affirmed the decision of the lower courts with the following 2. The legal issues that must be ironed out with regard to claims of ownership over the tayan
findings and observations: should be threshed out in an appropriate civil action.
- Pasiteng’s claim of ownership is documented by a Deed of Conveyance, a public document - Obiter dicta related to Article II Section22 re Indigenous Community
which was executed between him and the members of the tomayan group. The validity of this - We see this case as exemplifying a clash between a claim of ownership founded on customs
public document has never been questioned by any one of the previous owners belonging to and tradition and another such claim supported by written evidence but nonetheless based on
the tomayan group. Furthermore, the tax declarations in the name of and the realty tax the same customs and tradition. when a court is beset with this kind of case, it can never be
payments by, Pasiteng, although not conclusive proofs of ownership, are, nevertheless, prima too careful More so in this case, where the accused, an illiterate tribeswoman who cannot be
facie evidence of his possession of the land in question. In contrast to these documentary expected to resort to written evidence of ownership, stands to lose her liberty on account of an
evidence, petitioner offers nothing better than her bare claim. The personal property taken by oversight in the court's appreciation of the evidence.
accused-petitioner not being hers but those of Pasiteng, and she gained from the taking Disposition Erkey Pit-og is ACQUITTED for lack of proof beyond reasonable doubt that she
thereof without the consent of the owner, accused-petitioner is guilty of the crime of theft. committed the crime of theft. No costs.
45
for and in behalf of those who wish to participate in the election irrespective of party affiliation
46
Article VIII, Sec.5 (2): In case a vacancy arises in the Batasang Pambansa eighteen months or more before a regular election, the Commission on
Election shall call a special election to be held within sixty (60) days after the vacancy occurs to elect the Member to serve the unexpired term.
- As voters, neither have petitioners the requisite interest or personality to qualify them to adequate representation for every province which forms only part of a certain region, specially
maintain and prosecute the present petition, for to have legal standing is to have personal and considering that the Body is only transitory in character.
substantial interest in the case, or sustain direct injury as a result of its enforcement. Interest - That the provision is found in the main body of the Constitution and not in included in
held in common by all members of the public is of abstract nature (as is the injury that will be Transitory Provisions adds to the intention that the provision applies only to the regular, and
sustained) and may not be used as standing to sue. Concrete injury, whether actual or not interim, Batasang Pambansa.
threatened, is that indispensable element for one to have personality in a dispute.
Decision Petition dismissed.
2. SC has no jurisdiction to entertain this petition
- The Supreme Court's jurisdiction over the COMELEC is only to review by certiorari the PACETE V SECRETARY OF COMMISSION
latter's decision, orders or rulings. This is as clearly provided in Article XII-C, Section II of the FERNANDO; July 23, 1971
1973 Constitution47. In this case, there is no such decision, order or ruling. Even from the
standpoint of an action for mandamus, with the total absence of a showing that COMELEC FACTS
has unlawfully neglected or refused the performance of a ministerial duty, it is not shown that Felizardo S. Pacete alleged that he was appointed by the then President of the Philippines on
petitioners have a clear right to the holding of a special election which is equally the clear and August 31, 1964 as Municipal Judge of Pigcawayan, Cotabato. He assumed office on
ministerial duty of COMELEC. September 11, 1964 and discharged his duties as such. As his appointment was made during
- Only the Batasan Pambansa can make the necessary appropriation for special elections, recess of Congress, it was submitted to the Commission on Appointments at its next session
and this power of the may neither be subject to mandamus by the courts much less may in 1965. Appointment was unanimously confirmed on May 20, 1965 (with Senate President
COMELEC compel the Batasan to exercise its power of appropriation. From the role Batasan and Chairman of Commission on Appointments Ferdinand Marcos even sending him a
Pambansa has to play in the holding of special elections, which is to appropriate the funds for congratulatory telegram). Nine months after his confirmation, on February 7, 1966, the then
the expenses thereof, it would seem that the initiative on the matter must come from said Secretary of Justice advised petitioner to vacate his position as municipal judge. Petitioner
body, not the COMELEC. The power to appropriate is the sole and exclusive prerogative of was informed that on May 21, 1965, Senator Rodolfo Ganzon (a member of the Commission
the legislative body, the exercise of which may not be compelled through a petition for on Appointments) wrote to its Chairman stating that he was filing a motion for reconsideration
mandamus. of the appointment in view of derogatory information which he had received.
4. Art. VIII, Sec. 5(2) in the 1973 Constitution does not apply to the Interim Batasang
Pambansa ISSUES
- The cited provision of the 1973 Constitution is not intended to apply to the Interim Batasang
1. WON the filing of a motion for reconsideration with the Commission on Appointments (CA),
Pambansa. without being acted on, suffices to set at naught a confirmation duly made of an ad interim
- The strongest reason for this is the fact that the Interim Batasang Pambansa was to be appointment.
composed by the delegates to the Constitutional Convention, as well as the then incumbent 2. WON the issue is a justiciable question, with the CA being an independent organ of the
President and Vice-President, and the members or the Senate and House of Representatives Constitution.
of Congress under the 1935 Constitution. With such number of representatives representing
each congressional district, or a province, not to mention the Senators, there was felt HELD
absolutely no need for filling vacancies occurring in the Interim National Assembly, considering 1. As per Altarejos v. Molo, the confirmation stands; it must be given force and effect.
the uncertainty of the duration of its existence.
Ratio Petitioner buttresses his plea for prohibition on the ground that the letter of then
Senator Ganzon, even on the assumption that it was a motion to reconsider an appointment
- The provision is intended to apply to the regular Batasang Pambansa, because a province or
duly confirmed, was without force and effect as it was not approved by the body as a whole.
representative district would have only one representative in said body. The need to fill up the
Interim Batasang Pambansa is neither imperative nor urgent, as there would always be
Reasoning
a. The controlling principle is supplied by Altarejos v. Molo, which interpreted Rule 21 of the
Revised Rules of the Commission on Appointments, which reads: “Resolution of the
47
Any decision, order or ruling of the Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from his
Commission on any appointment may be reconsidered on motion by a member presented not
receipt of a copy thereof.
more than one (1) day after their approval. If a majority of the members present concur to
grant a reconsideration, the appointment may be laid on the table, this shall be a final FACTS
disposition of such a motion.” Holding of the Court was that the mere filing of a - Summary: The Avelino I case illustrates judicial review of internal affairs of the legislature.
reconsideration did not have the effect of setting aside a confirmation. In the case, The Court refused to look into the legality of the election of a Senate President, in view of the
Aldeguer’s (respondent in Altarejos case) theory would give to the mere filing of a motion for separation of powers, the political nature of the controversy and the Senate’s constitutional
reconsideration the effect which it would have if the motion approved, and hence, would power to elect its own president
dispense with the necessity of such approval, for which the concurrence of a majority of the Before the opening of a morning session of the Senate, Senators Lorenzo Tañada and
members present is necessary. This is inconsistent with Rule 21 of the Revised Rules of the Prospero Sanidad prepared a resolution enumerating charges 48 against the then Senate
Commission. President Jose Avelino. AVELINO presided the session and called the meeting in order, and
In case of an adjournment sine die the period for filing the motion for except for a senator who was confined in a hospital and another who is in the United States,
reconsideration having expired, under Section 22, then the motion for all the Senators were present.49
reconsideration not having been acted upon is not approved and therefore, has no - TAÑADA sought to be recognized, but AVELINO and his followers prevented TAÑADA from
effect whatsoever. delivering his privilege speech. A commotion later ensued, upon which AVELINO and 9 other
What is decisive is that a confirmation duly made is not nullified simply by a motion of senators left the session hall. Subsequently, the Senate President Pro-tempore took the Chair
reconsideration being filed, without its being voted upon and approved. and proceeded with the session. The remaining senators unanimously approved, among
b. “The President shall have the power to make appointments during the recess of the others, a resolution “declaring vacant the position of the President of the Senate and
Congress, but such appointments shall be effective only until disapproval by the CA or until designating… Mariano Jesus Cuenco Acting President of the Senate." The next day the
the next adjournment of Congress.” President of the Philippines recognized CUENCO as acting Senate President.
- A distinction is made between the exercise of such presidential prerogative requiring - Hence, the present petition, AVELINO asking the Court to declare him the rightful Senate
confirmation by the CA when Congress is in session and when it is in recess. In the former, President and oust CUENCO.
the President nominates, and only upon the consent of the CA may the person assume office.
As with ad interim appointments, the appointment takes effect at once. The appointment is ISSUE
effective until disapproval by the CA or until the next adjournment in Congress. There must WON SC has jurisdiction over the subject matter
either be a rejection by the CA or nonaction on its part.
HELD
2. The insistence of respondent that the question involved is beyond the jurisdiction of this NO (6-4 vote)
Court is untenable. It would extend the boundaries of the political question doctrine beyond its Ratio The issue of the validity of the election of the new Senate President is a political
legitimate limits. The courts are called upon to see to it that private rights are not invaded. question.
- Although the CA is not a power in our tripartite system of government, it is to all intents and Reasoning
purposes, like the Electoral Tribunals, when acting within the limits of its authority, an - The answer is in the negative, in view of the separation of powers, the political nature of the
independent organ. Its actuation in the exercise of its power to approve appointment controversy and the constitutional grant to the Senate of the power to elect its own president,
submitted to it by the President of the Philippines is exempt from judicial supervision and which power should not be interfered with, nor taken over, by the judiciary. We should abstain
interference, except on a clear showing of such arbitrary and improvident use of the powers in this case because the selection of the presiding officer affects only the Senators
as will constitute a denial of due process. themselves who are at liberty at any time to choose their officers, change or reinstate them . If
the majority of the Senators want AVELINO to preside, his remedy lies in the Senate Session
AVELINO V CUENCO Hall, not in the Supreme Court.
PER CURIAM; March 4, 1949 48
BRYAN SJ: Among which were advocacy of the graft and corruption in the government (particularly those committed by the Liberal Party, to
which AVELINO was a member); questionable possession of checks totaling more than P500,000 after AVELINO’s assumption of office; and
RESOLUTION on Original action in the SC justification of electoral fraud.
49
Similar to the 1987 Const, the Senate is composed of 24 senators under the 1935 Const.
- The Court will not sally into the legitimate domain of the Senate on the plea that our refusal - If the rump session was not a continuation of the morning session, was it validly constituted?
to intercede might lead into a crisis, even a revolution. No state of things has been proved Yes. At the beginning of the rump session there were at least 14 senators. Also, in view of the
that might change the temper of the Filipino people as peaceful and law-abiding citizens . It is absence from the country of one senator, 12 senators constitute a majority of the Senate of 23
furthermore believed that the recognition accorded by the Chief Executive to CUENCO makes senators. When the Constitution declares that a majority of "each House" shall constitute a
it advisable, to adopt the hands-off policy enunciated by this Court in matters of similar nature. quorum, "the House" does not mean "all" the members. There is a difference between a
Decision Petition dismissed. majority of "all the members of the House" and a majority of "the House", the latter requiring
less number than the first. Therefore an absolute majority (12) of all the members of the
SEPARATE OPINION Senate less one (23), constitutes constitutional majority of the Senate for the purpose of a
quorum.
PERFECTO [dissent]
RESOLUTION on Motion for Reconsideration
- There was illegal adjournment of the morning session. The power to adjourn is one of the
exclusive prerogatives of a legislative chamber. It cannot be exercised by any single FACTS
individual, without usurpation of the collective prerogatives. The functions of the Senate and - In Avelino II, the Court, in light of events subsequent to Avelino I (i.e., refusal of the Avelino
its opportunity to transact official business cannot be left to the discretion of a single individual group to return to the session hall despite the compulsory process served upon them),
without jeopardizing the high purposes for which a legislative deliberative body is established reversed its original decision and now assumed jurisdiction over the case
in a democratic social order.
- There is no provision in the present rules of the Senate which expressly or impliedly ISSUES
authorizes an adjournment without the consent of the body or one which authorizes the 1. WON SC will assume jurisdiction over this case
presiding officer to decree motu propio said adjournment, and the sound parliamentary 2. WON election of Cuenco as Senate President is valid
practice and experience in this country and in the United States of America, upon which ours
is patterned, would not authorize the existence of such a provision. HELD
- AVELINO alleges that he ordered the adjournment because the motion of a senator to said 1. The Court has resolved (7-4 vote) to assume jurisdiction over the case in the light of
effect was properly made and met with no objection. The evidence, however, fails to support subsequent events which justify its intervention.
AVELINO’s claim. The circumstances lead us to the conclusion that illegal adjournment and 2. Partly for the reasons stated in the first resolution of this Court and partly upon the grounds
the walk out of AVELINO and his supporters from the session hall had the purpose of stated by Feria [and] Perfecto, JJ. in their separate opinions, to declare that there was a
defeating or, at least, delaying, action on the proposed investigation of the charges against quorum at the session where CUENCO was elected acting Senate President. Chief Justice
AVELINO and of his impeding ouster, by the decisive votes of CUENCO's group. [Moran] agrees with the result of the majority's pronouncement on the quorum, it appearing
- The rump session (i.e. the session after the AVELINO group walkout) had no valid quorum to from the evidence that any new session with a quorum would result in CUENCO's election as
transact business. – The Constitution provides: “A majority of each House shall constitute a Senate President, and that the CUENCO group has been trying to satisfy [the constitutional]
quorum to do business…” [cf Art. VI, Sec. 16 (2), 1987 Const]. The majority mentioned in the formalism by issuing compulsory processes against senators of the AVELINO group, but to no
provision cannot be other than the majority of the actual members of the Senate. The words avail, because of the latter's persistent efforts to block all avenues to constitutional processes.
"each House" in the above provision refer to the full membership of each chamber of For this reason, [the Chief Justice] believes that the CUENCO group has done enough to
Congress. The Senate is composed of 24 Senators, and a majority of them cannot be less satisfy the requirements of the Constitution and that the majority's ruling is in conformity with
than 13. 12 is only half of 24. Nowhere and at no time has one-half ever been the majority. substantial justice and with the requirements of public interest.
Majority necessarily has to be more than one-half. Decision The judgment of the Court is, therefore, that CUENCO has been legally elected as
Senate President and the petition is dismissed.
FERIA [concur]
SEPARATE OPINION
to act collectively and cannot act as collective body to perform the functions specifically vested
FERIA [concur] in it by the Constitution unless presided by one among their number. The collective body
constituted by said "smaller number" has to take measure to "compel the attendance of
I maintain my opinion that there was a quorum in the (rump) session. Among others, the absent members," so as to avoid disruption in the functions of the respective legislative
amendment of the quorum provision from "the majority of all the members of the National chamber. Said "smaller number" may be 12 or even less than 12 senators to constitute a
Assembly constitute a quorum to do business," into "a majority of each House shall constitute quorum for the election of a temporary or acting president, who will have to act until normalcy
a quorum to do business," shows the intention of the framers of the Constitution to base the is restored.
majority, not on the number fixed or provided for in the Constitution, but on actual members or - At the hearing of this case, CUENCO manifested that he was looking for an opportunity to
incumbents, and this must be limited to actual members who are not incapacitated to renounce the position of Acting Senate President, and that if AVELINO should attend the
discharge their duties by reason of death, incapacity, or absence from the jurisdiction of the sessions of the Senate and insist on claiming the presidency thereof, CUENCO would allow
House or for other causes which make attendance of the member concerned impossible, even AVELINO to preside over the sessions. AVELINO’s refusal to attend the sessions,
through coercive process which each House is empowered to issue to compel its members to notwithstanding CUENCO’s commitment to allow him to preside over them, can and should
attend the session in order to constitute a quorum. logically be interpreted as an abandonment which entails forfeiture of office.
History and time-honored principles of constitutional law have conceded to the Executive
ISSUES Branch certain powers in times of crisis or grave and imperative national emergency. Many
1. WON the President has the power under the Constitution to bar the Marcoses from terms are applied to these powers: “residual,” “inherent,” “moral,” “implied,” “aggregate,”
returning to the Philippines. “emergency.” Whatever they may be called, the fact is that these powers exist, as they must if
2. WON the President acted arbitrarily or with grave abuse of discretion amounting to lack or the governance function of the Executive Branch is to be carried out effectively and efficiently.
excess of jurisdiction when she determined that the return of the Marcoses to the Philippines
poses a serious threat to national interest and welfare and decided to bar their return. GUTIERREZ [dissent]
HELD The liberty of abode and of changing the same within the limits prescribed by law may be
1. Yes. Although the 1987 Constitution imposes limitations on the exercise of specific powers impaired only upon lawful order of the court, not of an executive officer, not even the
of the President, it maintains intact what is traditionally considered as within the scope of President. I do not think that we should differentiate the right to return home from the right to
“executive power.” Corollarily, the powers of the President cannot be said to be limited only to go abroad or to move around in the Philippines. If at all, the right to come home must be more
the specific powers enumerated in the Constitution. In other words, executive power is more preferred than any other aspect of the right to travel.
than the sum of the specific powers so enumerated.
- The request/demand of the Marcoses to be allowed to return to the Philippines cannot be CRUZ [dissent]
considered in light solely of the constitutional provision guaranteeing liberty of abode and the
right to travel, subject to certain exceptions, or of case law which clearly never contemplated Marcos is entitled to the same right to travel and liberty of abode that Aquino then invoked.
situations even remotely similar to the present one. It must be treated as a matter that is
appropriately addressed to those residual unstated powers of the President which are implicit PARAS [dissent]
and correlative to the paramount duty residing in that office to safeguard and protect general
welfare. The former President, as a Filipino citizen, has the right to return to his own country, except
only if prevented by the demands of national safety and national security.
2. No. The President did not act arbitrarily and capriciously and whimsically in determining that
the return of the Marcoses poses a serious threat to the national interest and welfare and in PADILLA [dissent]
prohibiting their return. The documented history of the efforts of the Marcoses and their
With or without restricting legislation, the right to travel may be impaired or restricted in the - Hence, this petition for Prelim Injunction. Villena contends that:
interest of national security, public safety, and public health. Power of the state to restrict the > SI has no jurisdiction or authority to suspend him, to file administrative charges against
right to travel finds abundant support in police power. The government failed to present him, and to decide the merits of the charges because the power to suspend, to try and
convincing evidence to defeat Marcos’ right to return to this country. punish municipal elective officials is lodged in some other agencies of the government.
> SI’s acts are null and void because:
SARMIENTO [dissent] + SI usurped the power given by the Constitution to the President when SI suspended
him (Villena).
The right to return to one’s own country cannot be distinguished from the right to travel and + SI must exercise the power to supervise in accordance with the provisions of law and
freedom of abode. While the President may exercise powers not expressly granted by the the provisions of law governing the trials and charges of against elective municipal
Constitution but may necessarily implied therefrom, the latter must yield to the paramountcy of officials are those contained in sec. 2188 of the Administrative Code as amended.
the Bill of Rights. Under the new Constitution, the right to travel may be impaired only within + SI is exercising an arbitrary power by converting himself into a complainant and at the
the limits provided by law. The President has been divested of the implied power to impair the same time the judge of the charges he filed against him.
right to travel. The determination of whether the Marcos’ return poses a threat to national + SI’s action didn’t follow the procedure under Sec. 2188 of the AC, which requires that a
security should not be left solely to the Chief Executive; the Court itself must be satisfied that complaint be based on a private person’s or citizen’s sworn statement.
the threat is not only clear but also present. - Villena prays that a writ of Preliminary Injunction be issued to stop the SI and his agents from
proceeding further with the investigation until this case is heard; that SI be declared as without
ESTRADA V DESIERTO authority to suspend him and order his reinstatement in office; that SI be declared as without
PUNO; authority to file charges against him and to investigate such charges.
(SEE DIGEST UNDER REMAKING THE CONSTITUTION) - His petition for the writ of preliminary injunction was denied.
- The Solicitor General contends that:
VILLENA V SECRETARY OF INTERIOR > Sec. 79 (C) in relation with sec. 86 of the Revised AC expressly empowers the SI to
LAUREL; April 21, 1939 “order the investigation of any act or conduct of any person in the service of any bureau or
office under his department” and in connection therewith to “designate an official or person
FACTS who shall conduct such investigation.”
- Jose D. Villena, then Mayor of Makati, sought to restrain the Secretary of the Interior (SI) and > Sec. 2188 of the Revised AC, invoked by Villena, doesn’t preclude SI from exercising the
his agents from proceeding with the investigation against him until this case was settled by the powers stated in Sec. 79 in connection to Sec. 86. Also, that invoked section, must be read
SC. in relation to sec. 37 of the Reorganization Law of 1932.
- Upon the request of the SI, the Division of Investigation of the Department of Justice > Villena didn’t question the jurisdiction of the SI at the start of the investigation but merely
conducted an inquiry into the conduct of Villena. He was found to have committed bribery, contended that such charges were not in accordance with law for the reason that they didn’t
extortion, malicious abuse of authority and unauthorized practice of the law profession. bear the oaths of the complaints.
- Feb. 8, 1939 ~ SI recommended to the President that Villena be suspended so as to prevent > The authority of a department head to order the investigation of a subordinate necessarily
the coercion of witnesses. The President verbally granted the recommendation on the same carries with it by implication the authority to take such measures as he may deem
day. necessary to accomplish the purpose of the investigation, including suspending the officer;
- Feb. 9,1939~ SI suspended Villena from office and instructed the Provincial Governor of plus, the President authorized the suspension.
Rizal to advise Villena of his suspension. > Courts of Equity have no power to restrain public officials by injunction from performing
- Feb. 13,1939~SI wrote Villena specifying the charges against him and notifying him that any official act, which they are required by law to perform, or acts, which are not in excess
Emiliano Anonas was the special investigator of the case. of the authority, and discretion reposed in them.
- Feb. 17, 1939~ the date set by Anonas when the formal investigation would begin. But
eventually postponed to March 28,1939 due to several incidents and postponements. ISSUES
1. WON the SI has the legal authority to order an investigation, by a special investigator promulgated in the regular course of business, are, unless disapproved or reprobated by the
appointed by him, of the charges of corruption and irregularity against Villena. Chief Executive, presumptively the acts of the Chief Executive.”
2. WON the SI has the legal authority to suspend Villena pending the investigation of the Obiter With reference to the Executive Dept of the Gov’t, there is one purpose which is
charges. crystal-clear and is readily visible without the projection of judicial searchlight, and that it is,
the establishment of a single, not plural, Executive.
HELD - The First Section of Article VII of the Constitution, dealing with the Executive Department,
1. The SI is invested with authority to order the investigation of the charges against the begins with the enunciation of the principle that “The executive power shall be vested in a
petitioner, Villena, and to appoint a special investigator for that purpose. President of the Philippines.”
- Sec. 79 of the Revised AC speaks of direct control, direction and supervision over bureaus - Without minimizing the importance of the heads of the various departments, their personality
and offices under the jurisdiction of the SI but it should be interpreted in relation to sec. 86 of is reality but the projection of that of the President.
the same Code which grants to the Dept of Interior “executive supervision over the - Citing Chief Justice Taft in Myers v. US~ “each head of a department is, and must be, the
administration of provinces, municipalities, chartered cities and other local political President’s alter ego in the matters of that department where the President is required by law
subdivisions.” to exercise authority.”
- Citing Planas v. Gil: “ Supervision is not a meaningless thing. It is an active power. It is - As a matter of executive policy, they may be granted departmental autonomy as to certain
certainly not without limitation, but it at least implies authority to inquire into facts and matters but this is by mere concession of the executive, in the absence of valid legislation in
conditions in order to render the power real and effective. If supervision is to be conscientious the particular field.
and rational, and not automatic and brutal, it must be founded upon knowledge of actual facts - The President should be answerable for the acts of administration of the entire Executive
and conditions disclosed after careful study and investigation.” Department before his own conscience
2. There is no clear and express grant of power to the secretary to suspend a mayor of a Note Read this case in relation to Sec. 1 and 17 of Art. 7 of the 1987 Constitution.
municipality who is under investigation.
- NOTE: There was an argument regarding the verbal approval or acquiescence of the SECRETARY OF THE DEPARTMENT OF TRANSPORTATION AND
President to the suspension. It was said that if the justices were to accept that the President COMMUNICATIONS V MABALOT
had the authority to suspend the petitioner, then the suspension made by the SI, since the BUENA; February 27, 2002
President approved it, should be sustained. Then this was followed by the discussion
regarding certain acts of the President that could not be validated by subsequent approval or FACTS
ratification. There are certain constitutional powers and prerogatives of the Chief Executive - On February 19, 1996, then DOTC Secretary Jesus B. Garcia, Jr. issued Memorandum
that should be exercised in person (i.e. suspension of the writ of habeas corpus and Order No. 96-735 addressed to Land Transportation Franchising Regulatory Board (LTFRB)
proclamation of martial law and the exercise of pardon.) But there were doubts regarding the Chairman Dante Lantin directing him to “effect the transfer of regional functions of that office
verbal approval by the President of the suspension if such could be considered as ratification to the DOTC-CAR Regional Office…”
in law (with law giving the power to suspend being the Chief Exec.) Hence, the ratio. - On March 13, 1996, Roberto Mabalot filed a petition for certiorari and prohibition with prayer
Ratio “xxx…under the presidential type of government which we have adopted and for preliminary injunction and/or restraining order against DOTC Secretary and LTFRB chair,
considering the departmental organization established and continued in force by par. 1, sec. praying among others that Memorandum Order No. 96-735 be declared “illegal and without
12, Art.VII of our (1935) Constitution, all executive and administrative organizations are effect.”
adjuncts of the Executive Department, the heads of the various executive departments are - On March 20, the lower court issued a temporary restraining order enjoining DOTC
assistants and agents of the Chief Executive, and, except in cases where the Chief Executive Secretary from implementing Memorandum Order No. 96-735. The lower court issued a writ of
is required by the Constitution or the law to act personally , the multifarious executive and preliminary injunction on April 8, 1996.
administrative functions of the Chief Executive are performed by and through the executive - On January 29, 1997, then DOTC Secretary Amado Lagdameo issued Department Order
departments, and the acts of the secretaries of such departments, performed and No. 97-1025 establishing the DOTC-CAR Regional Office “as the Regional Office of the
LTFRB-CAR and shall exercise the regional functions of the LTFRB in the CAR…”
- On March 31, 1999, the lower court rendered a decision declaring Memorandum Order Nos. bureaucracy more efficient. The reorganization in this case was decreed “in the interest of
96-735 and 97-1025 “null and void and without any legal effect as being violative of the service” and “for purposes of economy and more effective coordination of the DOTC functions
provision of the Constitution against encroachment on the powers of the legislative in CAR.”
department and also of the provision enjoining appointive officials from holding any other - The assailed orders are also not in violation of Sections 7 and 8 of Article IX-B of the
office or employment in the Government.” Constitution since the organic personnel of the DOTC-CAR are, in effect, merely designated
to perform the additional duties and functions of an LTFRB Regional Office subject to the
ISSUE direct supervision and control of the LTFRB Central Office, pending the creation of a regular
WON the assailed memorandum orders establishing the DOTC Regional Office as an LTFRB LTFRB Regional Office.
Regional Office is unconstitutional for being an undue exercise of legislative power.
BENGUET EXPLORATION V DEPARTMENT OF AGRICULTURE AND NATURAL
HELD RESOURCES
- The President may, through his/her duly constituted political agent and alter ego, legally and FERNANDO; February 28, 1977
validly decree the reorganization of the National Government in exercise of authority granted
by law. FACTS
- A public office may be created through any of the following modes: (1) by the Constitution - Sofia Reyes filed with the Bureau of Mines an adverse claim against a domestic Mining
(fundamental law), (2) by law (statute duly enacted by Congress), or (3) by authority of law. corporation’s (Benguet Exploration, Inc.) Lode Lease Agreement covering three mining claims
The creation and establishment of LTFRB-CAR Regional Office was made pursuant to the in Benguet, Mountain Province.
third mode. - Bureau of Mines dismissed the adverse claim
- The President, through Administrative Order No. 36 directed the various departments and - Reyes appealed to the Department of Agriculture and Natural Resource maintaining the
agencies of government to immediately undertake the creation and establishment of their sufficiency of her adverse claim
regional offices in CAR. - At first the Department dismissed the appeal but on a second motion for reconsideration and
- It is as if the President himself carried out the creation and establishment of the LTFRB-CAR ordered a formal hearing of the case
Regional Office, when in fact, the DOTC Secretary directly and merely sought to implement - Benguet Exploration, Inc. filed petition for review
the Chief Executive’s Administrative Order.
- The President’s control over all executive departments come from Section 17, Article VII of ISSUES
the 1987 Constitution, while the continuing authority to reorganize the national government is 1. WON the decision rendered by the Director of Lands approved by the Secretary, upon a
vested by Presidential Decree No. 1772 which amended Presidential Decree No. 1416 (as question of fact, is justiciable
ruled in Larin Vs. Executive Secretary). 2. WON the Secretary of Agriculture and Natural Resources can be precluded from
- Villena vs Secretary of the Interior: “without minimizing the importance of the heads of conducting his own inquiry
various departments, their personality is in reality but the projection of that of the President.” 3. WON Secretary Pascual, in calling for a hearing, failed to abide by the requirements of the
Thus, their acts, “performed and promulgated in the regular course of business, are, unless law
disapproved or reprobated by the Chief Executive, presumptively the acts of the Chief
Executive.” HELD
- The designation and subsequent establishment of DOTC-CAR as the Regional Office of the 1. A decision rendered by the Director of Lands and approved by the Secretary of Agriculture
LTFRB in CAR and the concomitant exercise and performance of functions by the former as and commerce, upon a question of fact is conclusive and not subject to be reviewed by the
the LTFRB-CAR Regional Office fall within the scope of the continuing authority of the courts unless there is a showing that such decision was rendered in consequence of fraud,
President to effectively reorganize the DOTC (and other departments). imposition or mistake, other than error of judgment in estimating the value or effect of
- In this jurisdiction, reorganization is regarded as valid provided it is pursued in good faith. A evidence, regardless of whether or not it is consistent with the preponderance of evidence, so
reorganization is carried out in good faith if it is for the purpose of economy or to make long as there is some evidence upon which the finding in question could be made
Reasoning - Several people were apprehended and detained including the petitioners on “reasonable
Acts of a department head, performed and promulgated in the regular course of business are, belief” that they had “participated in the crime of insurrection or rebellion.”
unless disapproved or reprobated by the Chief Executive, presumably the acts of the Chief - August 30, 1971 – Proclamation 889-A amended Proclamation 889.
Executive - September 18 and 25, October 4, 1971 -- Proclamations 889-B, 889-C and 889-D lifted the
2. The State acting through the legislature through its power of imperium acting as a suspension of the privilege of the writ of habeas corpus in some provinces, sub-provinces,
sovereign regulating property to come up with rules with which to exercise its power of cities, EXCEPT in Bataan, Benguet, Bulacan, Camarines Sur, Ifugao, Isabela, Laguna, Lanao,
dominium as owner of the property cannot act arbitrarily but in accordance with law North and South Cotabato, Nueva Ecija, Nueva Viscaya, Pampanga, Quezon, Rizal, Tarlac,
Reasoning Zambales, Aurora, Quirino, and 18 cities including Manila.
Indefeasibility of a title over land previously public is not a bar to an investigation by the
Director of Lands as to how such title has been acquired ISSUES
3. The Mining Act speaks of findings of facts of the Director of Mines “when affirmed by the 1. WON the Court had authority to and should inquire into the existence of the factual bases
Secretary of Agriculture and Natural Resources being final and conclusive,” in which case the required by the Constitution for the suspension of the privilege of the writ
aggrieved party may file a petition for review with this Court where only questions of law may 2. WON the Proclamation was valid/ constitutional. WON it complied with ART III Section 1
be raised par 1452 and ART VII Section 10 par 253 of the Constitution?
Reasoning No such affirmance by the secretary that’s why he ordered a hearing. It is but a 3. WON the President act arbitrarily in issuing PN 889
right and proper in the interest of justice that a formal hearing on the merits of this case be 4. WON the Petitioners are covered by PN 889. WON petitioners detained should be released
conducted
Decision : petition for review is DISMISSED for lack of merit. Unanimous HELD
1. YES. Upon deliberation, the Court abandoned the doctrine in Barcelon v Baker and
LANSANG V GARCIA Montenegro v Castañeda (determination by the President of existence of any of the grounds
CONCEPCION; December 11, 1971 prescribed by the Constitution for the suspension of the writ of habeas corpus should be
conclusive upon the courts. The President, with all the intelligence sources was in a better
FACTS: position than the SC to ascertain the real state of peace and order). The grant of power to
- 8 consolidated petitions of writ of habeas corpus. suspend the privilege is neither absolute no unqualified. The authority to suspend the privilege
Other petitions: of the writ is circumcised, confined, restricted (more so because it is stated in the negative –
L-33965 Arienda vs Sec of National Defense “shall not be… except”), and like the limitations and restrictions imposed upon the legislative
L-33973 David vs Garcia department, adherence thereto and compliance therewith may, within proper bounds, be
L-33982 Prudente v Yan, Garcia inquired into by courts of justice.
L-34004 Tomas vs Garcia - The Executive is vested with the power to suspend the privilege of the writ, and the
L-34013 Rimando vs Garcia Executive is supreme within its own sphere, however, the separation of powers goes hand in
L-34039 De Castro vs Rabago hand with the system of checks and balances. The authority to determine whether or not the
L-34265 Oreta vs Garcia Executive acted within the sphere allotted to him is vested in the Judiciary.
L-34339 Olivar vs Garcia 2. YES.
- August 21, 1971 – Plaza Miranda bombing. 8 persons died, several injured a. Proclamation 889, as amended by Proclamation 889-A, declared the existence of an
- August 23, 1971- President Marcos issued Proclamation No. 889 suspending the privilege of uprising -- “lawless elements xxx joined and banded their forces together for the avowed
the writ of habeas corpus, by virtue of the powers vested upon the President by ART VII
Section 10 of the 1935 Constitution. His reason was that “lawless elements have created a 52
“The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion, insurrection, or rebellion, when the public safety requires it,
state of lawlessness and disorder affecting public safety and the security of the State…” and in any way of which events the same may be suspended wherever during such period the necessity for such suspension shall exist.”
53
that “public safety requires immediate and effective action” “The President shall be commander-in-chief of all armed forces of the Philippines, and, whenever it becomes necessary, he may call out such armed
forces to prevent or suppress lawless violence, invasion, insurrection, or rebellion. In case of invasion, insurrection, or rebellion, or imminent danger thereof
when the public safety requires it, he may suspend the privileges of the writ of habeas corpus, or place the Philippines or any part thereof under martial law.”
purpose of staging, undertaking, waging and are actually engaged in an armed insurrection of probable cause. That is to comply with the constitutional requirement against unreasonable
and rebellion xxx” search and seizure.
b. The 2 conditions for a valid suspension a) there must be ‘invasion, insurrection, or rebellion’ - To keep them in confinement after ordinary processes of the law are to be availed of is to
or ‘imminent danger thereof’ and b) ‘public safety must require the aforementioned ignore the safeguard of the Bill of Rights that no person shall be held to answer for a criminal
suspension’ are PRESENT. offense without due process of law.
c. The 1st condition can be attested through jurisprudence (there were a lot of cases already –
HUKBALAHAP, etc). The emergence and establishment of CPP NPA is proof of the existence AQUINO V PONCE ENRILE
of a rebellion. MAKALINTAL; September 17, 1974
d. The 2nd condition is justified through the reports of the acts of the NPA (its infiltration of
several mass-based organizations, various killings and bombings, encounters with the military, FACTS
etc) and the threat it poses to the public safety. According to intelligence reports, the CPP and - September 21, 1972, President Ferdinand E. Marcos signed Proclamation No. 1081,
its front organizations are capable of preparing powerful explosive, and that there was a plan proclaiming a state of Martial Law in the Philippines
of a series of assassinations, kidnappings, mass destruction of property, etc. - September 22, 1972, General Order No. 2 was signed by the President which provided an
3. NO. The President did not act arbitrarily. He had possession of intelligence reports, he order to the Secretary of National Defense to arrest and take into custody the individuals
consulted his advisers, and had reason to feel that the situation was critical. The suspension named in the list for being participants in the conspiracy to seize political and state power in
of the privilege of the writ in the entire Philippines was justified as he could not have the country and to take over the government by force
ascertained the places to be excluded at the time of the proclamation, and he gradually lifted - Secretary of National Defense, Juan Ponce Enrile, immediately effected the arrest of the
the suspension. herein petitioners
4. Some petitioners were already released and with respect to them, the issue is moot and - Petitioners sought relief from Court, filing petitions for habeas corpus
academic. As to petitioners David, Felipe, Olivar, de los Reyes, del Rosario and Sison, still - Respondents filed their “Return to Writ and Answer to the Petition” and prayed that the
under detention, they have been charged with violation of the Anti-Subversion Act/ accused of petition be dismissed
overt acts covered by the PN 889. The PN 889 being valid, their release may not be ordered - Pending resolution of these Petitions, petitioners, except for two (Sen. Benigno Aquino, Jr.
by the SC, but the CFI is directed to act with utmost dispatch in conducting the preliminary and Sen. Jose Diokno), were released from custody on different dates under a “Conditional
investigation of the charges and to issue corresponding warrants of arrest if probable cause is Release”
found or otherwise , to order their release. - December 28, 1973, Diokno filed a Motion to Withdraw Petition, imputing delay in the
Decision President did not act arbitrarily. PN 889 not unconstitutional. Petitions L33964, disposition of his case, and asseverating that because of the decision of the Court in the
L33965, L33982, L34004, L34013, L34039, L34265 dismissed. CFI to conduct investigation Ratification Cases and the action of the Members of the Court in taking an oath to support the
and issue warrants of arrest or order of release as to petitioners still under detention. New Constitution, he cannot “reasonably expect to get justice in this case”
All concur. Fernando dissents only as to the fourth issue. - The respondents opposed the motion on the grounds that there is a public interest in the
decision of these cases and that the reasons given for the motion to withdraw are untrue,
SEPARATE OPINION unfair and contemptuous.
- The Court denied Diokno’s motion with a vote of 5 to 7
FERNANDO [dissent] - Makalintal, Zaldivar, Fernando, Teehankee, Muňoz-Palma, Aquino and Barredo
voted to grant Diokno’s motion to withdraw petition
- I find it difficult to accept the conclusion that the six petitioners still under detention should be
set free. ISSUES
- The petitioners ought not to be further deprived of their liberty in the absence of a warrant of 1. WON the Court has jurisdiction to inquire into the constitutional sufficiency of the
arrest for whatever offense they may be held to answer, to be issued by a judge after a finding proclamation of martial law
2. WON Proclamation No. 1081 is valid given then the circumstances required by the have adhered to the mandate of the fundamental law. The question thus posed is judicial
Constitution for the proclamation of a state of martial law rather than political.
3. WON petitioners were illegally detained entitling them the relief of habeas corpus - The range of permissible inquiry to be conducted by the Court is necessarily limited to the
ascertainment of whether or not such a suspension, in the light of the credible information
HELD furnished by the President, was arbitrary. The question before the judiciary is not the
All petitions dismissed except those which have been previously withdrawn by the respective correctness but the reasonableness of the action taken.
petitioners with the approval of this Court. - Referred to Lansang vs. Garcia where the Court sustained the presidential proclamation
suspending the privilege of the writ of habeas corpus as there was no showing of arbitrariness
Makasiar, Esguerra, Fernandez, Muñoz Palma and Aquino, JJ ., concur. in the exercise of a prerogative belonging to the executive, the judiciary merely acting as a
Castro, J., in a separate opinion, explains his reasons for his concurrence in the dismissal of check on the exercise of such authority. Chief Justice Concepcion in his opinion: In the
all the petitions. exercise of such authority, the function of the Court is merely to check, not to supplant the
Fernando, J., concurs and dissents in a separate opinion. Executive, or to ascertain merely whether he has gone beyond the constitutional limits of his
Teehankee, J., files a separate opinion. jurisdiction, not to exercise the power vested in him or the determine the wisdom of his act.
Barredo, J., concurs in the dismissals in a separate opinion.
Antonio, J., concurs in a separate opinion. TEEHANKEE [justiciable]
SEPARATE OPINION "it has the authority to inquire into the existence of said factual bases [stated in the
WON the Court has jurisdiction to inquire into the constitutional sufficiency of the proclamation suspending the privilege of the writ of habeas corpus or placing the country
proclamation of martial law (justiciability of the martial law proclamation) under martial law as the case may be, since the requirements for the exercise of these powers
are the same and are provided in the very same clause] in order to determine the
CASTRO [justiciable] constitutional sufficiency thereof."32 The Court stressed therein that "indeed, the grant of
power to suspend the privilege is neither absolute nor unqualified. The authority conferred
- cited Lansang vs. Garcia where the Court asserted the power to inquire into the “existence upon by the Constitution, both under the Bill of Rights and under the Executive Department, is
of the factual bases for the suspension of the privilege of the writ of habeas corpus in order to limited and conditional. The precept in the Bill of Rights establishes a general rule, as well as
determine the sufficiency thereof.” an exception thereto. What is more, it postulates the former in the negative, evidently to stress
- The judicial department can determine the existence of conditions for the exercise of the its importance, by providing that '(t)he privilege of the writ of habeas corpus shall not be
President’s powers and is not bound by the recitals of his proclamation. But whether in the suspended x x x.' It is only by way of exception that it permits the suspension of the privilege
circumstances obtaining public safety requires the suspension of the privilege of the writ of 'in cases of invasion, insurrection, or rebellion'-or under Art. VII of the Constitution, 'imminent
habeas corpus or the proclamation of martial law is initially for the President to decide. The danger thereof-'when the public safety requires it, in any of which events the same may be
President’s findings as to necessity is persuasive upon the courts. suspended wherever during such period the necessity for such suspension shall exist.' Far
from being full and plenary, the authority to suspend the privilege of the writ is thus
FERNANDO [justiciable] circumscribed, confined and restricted, not only by the prescribed setting or the conditions
essential to its existence, but also, as regards the time when and the place where it may be
- The action taken by any or both the political branches whether in the form of a legislative act exercised. These factors and the aforementioned setting or conditions mark, establish and
or an executive order could be tested in court. Where private rights are affected, the judiciary define the extent, the confines and the limits of said power, beyond which it does not exist.
has the duty to look into its validity. A showing that plenary power is granted either And, like the limitations and restrictions imposed by the Fundamental Law upon the legislative
department of government may not be and obstacle to judicial inquiry. Its improvident department, adherence thereto and compliance therewith may, within proper bounds, be
exercise or the abuse thereof may give rise to a justiciable controversy. Necessarily then, it inquired into by the courts of justice. Otherwise, the explicit constitutional provisions thereon
becomes the responsibility of the courts to ascertain whether the two coordinate branches
would be meaningless. Surely, the frames of our Constitution could not have intended to - Political questions are not per se beyond the Court’s jurisdiction…but that as a matter of
engage in such a wasteful exercise in futility." policy, implicit in the Constitution itself, the Court should abstain from interfering with the
Executive’s Proclamation.
BARREDO [qualified vote: justiciable]
ANTONIO [political question]
- The inquiry which the Constitution contemplates for the determination of the constitutional
sufficiency of a proclamation of martial law by the President should not go beyond facts of - The right of a government to maintain its existence is the most pervasive aspect of
judicial notice and those that may be stated in the proclamation,, if these are by their very sovereignty. To protect the nation's continued existence, from external as well as internal
nature capable of unquestionable demonstration. threats, the government "is invested with all those inherent and implied powers which, at the
- While a declaration of martial law is not absolutely conclusive, the Court’s inquiry into its time of adopting the Constitution, were generally considered to belong to every government as
constitutional sufficiency may not, contrary to what is implied in Lansang, involve the reception such, and as being essential to the exercise of its functions"
of evidence to be weighed against those on which the President has acted, nor may it extend - These powers which are to be exercised for the nation's protection and security have been
to the investigation of what evidence the President had before him. Such inquiry must be lodged by the Constitution under Article VII, Section 10 (2) thereof, on the President of the
limited to what is undisputed in the record and to what accords or does not accord with facts Philippines, who is clothed with exclusive authority to determine the occasion on which the
of judicial notice. powers shall be called forth.
- It is entirely up to the Court to determine and define its own constitutional prerogatives vis-à- - Cited Barcelon vs. Baker : The existing doctrine at the time of the framing and adoption of
vis the proclamation and the existing martial law situation, given the reasons for the the 1935 Constitution was that of Barcelon v. Baker. It enunciated the principle that when the
declaration and its avowed objectives. Governor-General with the approval of the Philippine Commission, under Section 5 of the Act
1. The Constitution is the supreme law of the land. This means among other things that all of Congress of July 1, 1902, declares that a state of rebellion, insurrection or invasion exists,
the powers of the government and of all its officials from the President down to the lowest and by reason thereof the public safety requires the suspension of the privileges of habeas
emanate from it. corpus, this declaration is held conclusive upon the judicial department of the government.
2. The Judiciary provisions of the Constitution point to the Supreme Court as the ultimate
And when the Chief Executive has decided that conditions exist justifying the suspension of
arbiter of all conflicts as to what the Constitution or any part thereof means.
3. In the same way the Supreme Court is the designated guardian of the Constitution, the the privilege of the writ of habeas corpus, courts will presume that such conditions continue to
President is the specifically assigned protector of the safety, tranquility and territorial exist until the same authority has decided that such conditions no longer exist. These
integrity of the nation. This responsibility of the President is his alone and may not be doctrines are rooted on pragmatic considerations and sound reasons of public policy. The
shared by any other Department. "doctrine that whenever the Constitution or a statute gives a discretionary power to any
4. The Constitution expressly provides that “in case of invasion, insurrection or rebellion or person, such person is to be considered the sole and exclusive judge of the existence of those
imminent danger thereof, when the public safety requires it, the Executive may place the facts" has been recognized by all courts and "has never been disputed by any respectable
Philippines or any part thereof under martial law”
authority." The political department according to Chief Justice Taney in Martin v. Mott, is the
5. In the same manner that the Executive power conferred upon the Executive by the
Constitution is complete, total and unlimited, so also, the judicial power vested in the sole judge of the existence of war or insurrection, and when it declares either of these
Supreme Court and the inferior courts, is the very whole of that power, without any emergencies to exist, its action is not subject to review or liable to be controlled by the judicial
limitation or qualification. department of the State.
6. Even the basic guarantee of protection of life, liberty, or property without due process of
law readily reveals that the Constitution’s concern for individual rights and liberties is not MAKASIAR [political question]
entirely above that for the national interests, since the deprivation it enjoins is only that AQUINO [political question]
which is without due process of law and laws are always enacted in the national interest
or to promote and safeguard the general welfare.
7. Whereas the Bill of Rights of the 1935 Constitution explicitly enjoins that the privilege of FERNANDEZ [political question]
the writ of habeas corpus shall not be suspended, there is no similar injunction whether
expressed or implied against the declaration of martial law.
- The Constitution is sufficiently explicit in locating the power to proclaim martial law. It is presidential power granted under the Constitution to suspend the privilege of the writ of
similarly explicit in specifying the occasions for its exercise. "In case of invasion, insurrection, habeas corpus and/or proclaim martial law; that responsibility and duty of the Court must be
or rebellion, or imminent danger thereof, when the public Safety requires it, he (the President preserved and fulfilled at all costs if We want to maintain its role as the last bulwark of
as Commander-in-Chief of all armed forces of the Philippines) may suspend the privileges of democracy in this country.
the writ of habeas corpus or place the Philippines or any part thereof under martial law."
- The power to proclaim martial law is exclusively vested in the President. The proclamation
and its attendant circumstances therefore form a political question. WON Proclamation No. 1081 is valid given then the circumstances required by the
- Unless this Court decides that every act of the executive and of the legislature is justiciable Constitution for the proclamation of a state of martial law
there can be no clearer example of a political question than Proclamation No. 1081. It is the
exercise by the highest elective official of the land of a supreme political duty exclusively CASTRO [valid]
entrusted to him by the Constitution. Our people have entrusted to the President through a
specific provision of the fundamental law the awesome responsibility to wield a powerful - Our Constitution authorizes the proclamation of martial law in cases not only of actual
weapon. The people have entrusted to him the estimation that the perils are so ominous and invasion, insurrection or rebellion but also of “imminent danger” thereof.
threatening that this ultimate weapon of our duly constituted government must be used. - The so called “open court” theory does not apply to the Philippine situation because our
- The Supreme Court was not given the jurisdiction to share the determination of the 1935 and 1973 Constitutions expressly authorize the declaration of martial law even where
occasions for its exercise. It is not given the authority by the Constitution to expand or limit the the danger to public safety arises merely from the imminence of invasion, insurrection, or
scope of its use depending on the allegations of litigants. It is not authorized by the rebellion. Moreover, the theory is too simplistic for our day, what with the universally
Constitution to say that martial law may be proclaimed in Isabela and Sulu but not in Greater recognized insidious nature of Communist subversion and its overt operations
Manila. Much less does it have the power nor should it even exercise the power, assuming its
existence, to nullify a proclamation of the President on a matter exclusively vested in him by FERNANDO [valid]
the Constitution and on issues so politically and emotionally charged. The Court's function in
such cases is to assume jurisdiction for the purpose of finding out whether the issues While it is beyond question that the 1973 Constitution stipulates, in a transitory provision, that:
constitute a political question or not. Its function is to determine whether or not a question is All proclamations, orders, decrees, instructions, and acts promulgated, issued, or done by the
indeed justiciable. incumbent President shall be part of the law of the land, and shall remain valid, legal, binding,
- Granted that Proclamation No. 1081 is not political but justiciable, it is still valid because the and effective even after lifting of martial law or the ratification of this Constitution, unless
president has not acted arbitrarily in issuing it. modified, revoked, or superseded by subsequent proclamations, orders, decrees, instructions,
or other acts of the incumbent President, or unless expressly and explicitly modified or
ESGUERRA [political question] repealed by the regular National Assembly.
- I maintain that Proclamation No. 1081 is constitutional, valid and binding; that the veracity or TEEHANKEE [no pronouncement]
sufficiency of its factual bases cannot be inquired into by the Courts and that the question
presented by the petitions is political in nature and not justiciable. Whether or not there is BARREDO [valid]
constitutional basis for the President’s action is for him to decide alone.
- Ruled Barcelon vs. Baker over Lansang vs. Garcia The proclamation had merely put the Constitution in a state of anesthesia, since a major
surgery is needed to save the nation’s life.
MUNOZ-PALMA [justiciable]
MUNOZ-PALMA [valid]
With Lansang, the highest Court of the land takes upon itself the grave responsibility of
checking executive action and saving the nation from an arbitrary and despotic exercise of the
The extreme measure taken by the President to place the entire country under martial law - The primary and fundamental purpose of martial law is to maintain order and to insure the
was necessary. The President's action was neither capricious nor arbitrary. An arbitrary act is success of the battle against the enemy by the most expeditious and efficient means without
one that arises from an unrestrained exercise of the will, caprice, or personal preference of the loss of time and with the minimum effort. This is self-evident. The arrest and detention of
actor, one which is not founded on a fair or substantial reason, is without adequate those contributing to the disorder and especially of those helping or otherwise giving aid and
determining principle, nonrational, and solely dependent on the actor's will. Such is not the comfort to the enemy are indispensable, if martial law is to mean anything at all.
case with the act of the President, because the proclamation of martial law was the result of
conditions and events, not of his own making, which undoubtedly endangered the public ANTONIO [legal]
safety and led him to conclude that the situation was critical enough to warrant the exercise of
his power under the Constitution to proclaim martial law - The Court is precluded from inquiring into the legality of arrest and detention of petitioners.
Having concluded that the Proclamation of Martial Law on September 21, 1972 by the
WON petitioners were illegally detained entitling them the relief of habeas corpus President of the Philippines and its continuance are valid and constitutional, the arrest and
detention of petitioners, pursuant to General Order No. 2 dated September 22, 1972 of the
CASTRO [legal] President, as amended by General Order No. 2-A, dated September 26, 1972, may not now
be assailed as unconstitutional and arbitrary.
- Given the validity of the proclamation of martial law, the arrest and detention of those - It should be important to note that as a consequence of the proclamation of martial law, the
reasonably believed to be engaged in the disorder or in fomenting it is well nigh beyond privilege of the writ of habeas corpus has been impliedly suspended. Authoritative writers on
questioning. the subject view the suspension of the writ of habeas corpus as an incident, but an important
- In the cases at bar, the respondents have justified the arrest and detention of the petitioners incident of a declaration of martial law.
on the ground of reasonable belief in their complicity in the rebellion and insurrection. Except
Diokno and Aquino, all the petitioners have been released from custody, although subject to FERNANDEZ [the privilege of the writ of habeas corpus is ipso facto suspended
defined restrictions regarding personal movement and expression of views. As the danger to upon a proclamation of martial law]
public safety has not abated, I cannot say that the continued detention of Diokno and Aquino
and the restrictions on the personal freedoms of the other petitioners are arbitrary, just as I am MUNOZ-PALMA [not legal, the proclamation of martial law did not carry with it the
not prepared to say that the continued imposition of martial rule is unjustified. automatic suspension of the privilege of the writ of habeas corpus]
FERNANDO [proclamation of martial law does not automatically carry the - First, from the very nature of the writ of habeas corpus which as stressed in the early portion
suspension of the writ of habeas corpus] of this Opinion is a "writ of liberty" and the "most important and most immediately available
safeguard of that liberty", the privilege of the writ cannot be suspended by mere implication.
It is not to be denied that where such a state of affairs could be traced to the wishes of the The Bill of Rights (Art. III, Sec. 1(14), 1935 Constitution, Art. IV, Sec. 15, 1973 Constitution)
President himself, it carries with it a presumption of validity. The test is again arbitrariness as categorically states that the privilege of the writ of habeas corpus shall not be suspended
defined in Lansang. While the detention of petitioners could have been validly ordered, as except for causes therein specified, and the proclamation of martial law is not one of those
dictated by the very proclamation itself, if it continued for an unreasonable length of time, then enumerated.
his release may be sought in a habeas corpus proceeding. - Second, the so-called Commander-in-Chief clause, either under Art. VII, Sec. 10(2), 1935
Constitution, or Art. IX, Sec. 12, 1973 Constitution, provides specifically for three different
BARREDO [legal] modes of executive action in times of emergency, and one mode does not necessarily
encompass the other, viz, (a) calling out the armed forces to prevent or suppress lawlessness,
- The imposition of martial law automatically carries with it the suspension of the privilege of etc., (b) suspension of the privilege of the writ of habeas corpus, and (c) placing the country or
the writ of habeas corpus in any event, the Presidential order of arrest and detention cannot a part thereof under martial law. In the latter two instances even if the causes for the executive
be assailed as deprivation of liberty without due process.
action are the same, still the exigencies of the situation may warrant the suspension of the c. A provisional Task Force Tulungan shall be organized to provide the mechanism,
privilege of the writ but not a proclamation of martial law and vice versa. structure and procedures for the integrated planning, coordinating, monitoring and
- Third, there can be an automatic suspension of the privilege of the writ when, with the assessing the security situation.
d. Areas for deployment: Monumento Circle, SM City North Edsa, Araneta Shopping
declaration of martial law, there is a total collapse of the civil authorities, the civil courts are
Center, Greenhills, SM Megamall, Makati Commercial Center, LRT/MRT Stations
closed, and a military government takes over, in which event the privilege of the writ is and the NAIA and Domestic Airport.
necessarily suspended for the simple reason that there is no court to issue the writ; that, - On January 17, 2000, the IBP filed petition to annul LOI 02/2000 and to declare the
however, is not the case with us at present because the martial law proclaimed by the deployment of the Marines, null and void and unconstitutional because no emergency
President upholds the supremacy of the civil over the military authority,and the courts are situation obtains in Metro Manila as would justify the deployment of soldiers for law
open to issue the writ. enforcement work (violates Art 2, Sec. 3), deployment constitutes an insidious incursion by the
military in a civilian function of government (violates Art. 16, Sec. 5), and deployment creates
IBP V ZAMORA a dangerous tendency to rely on the military to perform civilian functions of the government. It
KAPUNAN; August 15, 2000 also makes the military more powerful than what it should really be under the Constitution.
- The President confirmed his previous directive on the deployment of the Marines in a
FACTS Memorandum, dated 24 January 2000, addressed to the AFP Chief of Staff and PNP Chief.
- In view of the alarming increase in violent crimes in Metro Manila, President Estrada, in a The President expressed his desire to improve the peace and order situation in Metro Manila
verbal directive, ordered the PNP and the Marines to conduct joint visibility patrols for the through more effective crime prevention program including increased police patrols. He further
purpose of crime prevention and suppression. stated that to heighten police visibility in the Metropolis, augmentation from the AFP is
- The Secretary of National Defense, the Chief of Staff of the AFP, the Chief of Staff of the necessary. Invoking his powers as Commander-in Chief under Sec. 18, Art. VII of the
PNP and the Secretary of the Interior and Local Government were tasked to execute and Constitution, the President directed the AFP Chief of Staff and PNP Chief to coordinate with
implement the said order. each other for the proper deployment and utilization of the Marines to assist the PNP in
- The PNP Chief, through Police Superintendent Edgar Aglipay, formulated Letter of preventing or suppressing criminal or lawless violence. Finally, the President declared that the
Instruction 02/2000, which contains the ff: services of the Marines in the anti-crime campaign are merely temporary in nature and for a
> Purpose: for the suppression of crime prevention and other serious threats to national reasonable period only.
security
> Situation: Criminal incidents in Metro Manila have been perpetrated not only by ordinary ISSUES
criminals but also by organized syndicates whose members include active and former 1. WON the President’s factual determination of the necessity of calling the armed forces is
police/military personnel. The police visibility patrol in urban areas will reduce the incidence subject to judicial review
of crimes specially those perpetrated by active or former police/military personnel. a. WON petitioner has legal standing
> Mission: sustained street patrolling to minimize or eradicate all forms of high-profile 2. WON the calling of the armed forces to assist the PNP in joint visibility patrols violates the
crimes especially those perpetrated by organized crime syndicates whose members include constitutional provisions on civilian supremacy , over the military and the civilian character of
those that are well-trained, disciplined and well-armed active or former PNP/military the PNP
personnel
> Concept in Joint Visibility Patrol Operations: HELD
a. Conducted jointly by the National Capital Region Police Office and the Philippine 1. On Judicial Review
Marines to curb criminality in Metro Manila and to preserve the internal security of Ratio 1: When questions of constitutional significance are raised, the Court can exercise its
the state against insurgents and other serious threat to national security, although
power of judicial review only if the following requisites are complied with, namely: (1) the
the primary responsibility over Internal Security Operations still rest upon the AFP.
b. Principle of integration of efforts: work cohesively and unify efforts to ensure a existence of an actual and appropriate case; (2) a personal and substantial interest of the
focused, effective and holistic approach in addressing crime prevention. party raising the constitutional question; (3) the exercise of judicial review is pleaded at the
earliest opportunity; and (4) the constitutional question is the lis mota of the case.
Ratio 2: When the issues raised are of paramount importance to the public, the Court may - grave abuse of discretion: capricious or whimsical exercise of judgment that is patent and
brush aside technicalities of procedure. gross as to amount to an evasion of positive duty or a virtual refusal to perform a duty
a. The IBP has not sufficiently complied with the requisites of standing in this case. enjoined by law, or to act at all in contemplation of law, as where the power is exercised in
> Definition of locus standi an arbitrary and despotic manner by reason of passion or hostility
+ a personal and substantial interest in the case such that the party has sustained or - There is no evidence to support the assertion that there exist no justification for calling out
will sustain direct injury as a result of the governmental act that is being challenged the armed forces. Likewise, there is no evidence to support the proposition that grave
+ “interest” means a material interest, an interest in issue affected by the decree, as abuse was committed because the power to call was exercised in such a manner as to
distinguished from mere interest in the question involved, or a mere incidental interest violate the constitutional provision on civilian supremacy over the military.
+ gist: whether a party alleges such a personal stake in the outcome of the controversy There is a clear textual commitment under Art. VII, Sec. 18, par. 1 of the Constitution to
as to assure that concrete adverseness which sharpens the presentation of issues bestow on the President full discretionary power to call out the armed forces and to determine
upon which the court depends for illumination of difficult constitutional questions the necessity for the exercise of such power The full discretionary power of the President to
> The mere invocation by the IBP of its duty to preserve the rule of law and nothing more, determine the factual basis for the exercise of the calling out power is also implied and further
while undoubtedly true, is not sufficient to clothe it with standing in this case reinforced in the rest of the said provision.
> IBP has failed to present a specific and substantial interest in the resolution of the case. It - Congress may revoke proclamation of martial law or suspension of the writ of habeas
has not shown any specific injury, which it has suffered or may suffer by virtue of the corpus and the Court may review the sufficiency of the factual basis thereof. There is no
questioned government act. such equivalent provision dealing with the revocation or review of the President’s action to
2. The President did not commit grave abuse of discretion in calling out the Marines call out the armed forces
Definition of political question - Expressio unius est exclusio alterius. Where the terms are expressly limited to certain
- concerned with issues dependent upon the wisdom, not the legality, of a particular act or matters, it may not, by interpretation or construction, be extended to other matters.
measure being assailed - Fr. Bernas: graduated power of the President as Commander-in-Chief; when he exercises
- (Tanada v. Cuenco) questions which are to be decided by the people in their sovereign this lesser power of calling on the armed forces, when he says it is necessary, his judgment
capacity, or in regard to which full discretionary authority has been delegated to the cannot be reviewed by anybody
legislative or executive department; if an issue is clearly identified by the text of the - Besides the absence of textual standards that the Court may use to judge necessity,
Constitution as matters for discretionary action by a particular branch of government or to information necessary to arrive at such judgment might also prove unmanageable for the
the people themselves then it is held to be a political question courts. On the other hand, the President has a vast intelligence network to gather
- (Baker v. Carr) prominent on the surface of any case held to be a political question is information.
found a textually demonstrable constitutional commitment of the issue to a coordinate The deployment of the Marines does not violate the civilian supremacy clause nor does it
political department; or a lack of judicially discoverable and manageable standards for infringe the civilian character of the police force
resolving it; or the impossibility of deciding without an initial policy determination of a kind Constitutes permissible use of military assets for civilian law enforcement
clearly for nonjudicial discretion; or the impossibility of a court’s undertaking independent - limited participation by the Marines
resolution without expressing lack of the respect due coordinate branches of government; - real authority belongs to the PNP
or an unusual need for questioning adherence to a political decision already made; or the Deployment of the Marines does not unmake the civilian character of the police force
potentiality of embarrassment from multifarious pronouncements by various departments on - the real authority in these operations is lodged with the head of a civilian institution,
the one question the PNP, and not with the military
Ratio 3: When the grant of power is qualified, conditional or subject to limitations, the issue of - since none of the Marines was incorporated or enlisted as members of the PNP,
whether the prescribed qualifications or conditions have been met or the limitations respected, there can be no appointment to a civilian position to speak of
is justiciable—the problem being one of legality or validity. - the Marines render nothing more than assistance required in conducting the patrols;
Ratio 4: When political questions are involved, the Constitution limits the determination as to there can be no “insidious incursion” of the military in civilian affairs nor can there be a
whether or not there has been grave abuse of discretion amounting to lack or excess of violation of the civilian supremacy clause in the Constitution
jurisdiction on the part of the official whose action is being questioned.
Military assistance to civilian authorities in various forms persists in Philippine jurisdiction - (Vera v. Avelino) Legislature has the inherent right to determine who shall be admitted to its
- Military assistance in: elections, administration of the Phil. Red Cross, relief and membership
rescue operations, conduct of licensure exams, sanitary inspections, conduct of - (Mabanag v. Lopez Vito) A proposal to amend the Constitution is a highly political function
census work, etc. performed by Congress in its sovereign legislative capacity
- Systematic, unbroken, executive practice, long pursued to the knowledge of - (Arnault v. Balagtas) The process by which a contumacious witness is dealt with by the
Congress and, yet, never before questioned legislature is a necessary concomitant of the legislative process and the legislature’s exercise
- Mutual support and cooperation between the military and civilian authorities, not of its discretionary authority is not subject to judicial interference
derogation of civilian supremacy - (Osmena v. Pendatun) The Court did not interfere with Congress’power to discipline its
Decision Petition dismissed members
- 10 concur (Kapunan, Davide, Melo, Purisima, Pardo, Buena, Gonzaga-Reyes, Ynares- - (Avelino v. Cuenco) The Court could assume jurisdiction over the controversy in light of the
Santiago, De Leon) subsequent events justifying intervention among which was the existence of a quorum
- 5 concur in the result (Puno, Vitug, Mendoza, Panganiban, Quisumbing) - (Tanada v. Cuenco) The Senate is not clothed with “full discretionary authority” in the choice
- 1 on official leave (Bellosillo) of members of the Senate Electoral Tribunal and the exercise of its power thereon is subject
to constitutional limitations, which are mandatory in nature.
SEPARATE OPINION - (Cunanan v Tan, Jr.) The Commission on Appointments is a creature of the Constitution and
its power does not come from Congress but from the Constitution
PUNO - (Gonzales v. Comelec) The question of whether or not Congress, acting as a constituent
assembly in proposing amendments to the Constitution violates the Constitution was held to
- Political questions are defined as those questions which under the Constitution, are to be be justiciable and not a political issue. The power to amend the Constitution or to propose
decided by the people in their sovereign capacity, or in regard to which full discretionary amendments thereto is not included in the general grant of legislative powers to Congress. As
authority has been delegated to the legislative or executive branch of government They have a constituent assembly, the members of Congress derive their authority from the fundamental
two aspects: (1) those matters that are to be exercised by the people in their primary political law and they do not have the final say on whether their acts are within or beyond constitutional
capacity and (2) matters which have been specifically delegated to some other department or limits
particular office of the government, with discretionary power to act. - (Tolentino v. Comelec) Acts of a constitutional convention called for the purpose of proposing
- (Barcelon v. Baker) Under our form of government, one department has no authority to amendments to the Constitution are at par with acts of Congress acting as a constituent
inquire into the acts of another, which acts are performed within the discretion of the other assembly
department. Whenever a statute gives discretionary power to any person, to be exercised by - In sum, this Court brushed aside the political question doctrine and assumed jurisdiction
him upon his own opinion of certain facts, the statute constitutes him the sole judge of the whenever it found constitutionally-imposed limits on the exercise of powers conferred upon
existence of those facts. The exercise of this discretion is conclusive upon the courts. Once a the Legislature
determination is made by the executive and legislative departments that the conditions - The Court hewed to the same line as regards the exercise of Executive Power
justifying the assailed acts exist, it will presume that the conditions continue until the same - (Severino v. Governor-General) When the Legislature conferred upon the Governor-
authority decide that they no longer exist. The executive branch, thru its civil and military General powers and duties, it did so for the reason that he was in a better position to know
branches, are better situated to obtain information about peace and order from every corner of the needs of the country than any other member of the executive department, and with full
the nation, in contrast with the judicial department, with its very limited machinery confidence that he will perform such duties as his judgment dictates
- (Alejandrino v. Quezon) Under the Jones Law, the power of the Senate to punish its - (Abueva v. Wood) Under the principle of separation of powers, it ruled that it was not
members for disorderly behavior does not authorize it to suspend an appointive member from intended by the Constitution that one branch of government could encroach upon the field
the exercise of his office. The Supreme Court does not possess the power of coercion to of duty of the other. Each department has an exclusive field within which it can perform its
make the Philippine Senate take any particular action. The Philippine Legislature or any part within certain discretionary limits.
branch thereof cannot be directly controlled in the exercise of their legislative powers by any
judicial process
- (Forbes v. Tiaco) The President’s inherent power to deport undesirable aliens is - (Morales, Jr. v. Enrile) By the power of judicial review, the Court must inquire into every
universally denominated as political, and this power continues to exist for the preservation phase and aspect of a person’s detention from the moment he was taken into custody up to
of peace and domestic tranquility of the nation the moment the court passes upon the merits of the petition
- (Manalang v. Quitoriano) The appointing power is the exclusive prerogative of the - The language of Art. VIII, Sec. 1 clearly gives the Court the power to strike down acts
President upon which no limitations may be imposed by Congress except those resulting amounting to grave abuse of discretion of both the legislative and executive branches of
from the need of securing concurrence of the Commission on Appointments and from the government
exercise of the limited legislative power to prescribe qualifications to the given appointive - It is clear that the President, as Commander-in-Chief of the armed forces of the Philippines,
office may call out the armed forces subject to two conditions: (1) whenever it becomes necessary;
- (Untal v. Chief of Staff, AFP) As Commander-in-Chief of the Armed Forces, the President and (2) to prevent or suppress lawless violence, invasion or rebellion. Undeniably, these
has the power to determine whether war, in the legal sense, still continues or has conditions lay down the sine qua requirement for the exercise of the power and the objective
terminated. It is within the province of the political department and not the judicial sought to be attained by the exercise of the power. They define the constitutional parameters
department of government to determine when war is at the end of the calling out power. Whether or not there is compliance with these parameters is a
- (Montenegro v. Castaneda) The authority to decide whether the exigency has arisen justiciable issue and is not a political question.
requiring the suspension of the privilege belongs to the President and his decision is final - On the use of Bernas’ opinion: The Constitution does not derive its force from the convention
and conclusive on the courts. which framed it, but from the people who ratified it, the intent to be arrived at is that of the
- (Lansang v. Garcia) The suspension of the writ of habeas corpus was not a political people.
question. The power to suspend the privilege of the writ of habeas corpus is neither - When private justiciable rights are involved in a suit, the Court must not refuse to assume
absolute nor unqualified because the Constitution sets limits on the exercise of executive jurisdiction even though questions of extreme political importance are necessarily involved.
discretion on the matter. These limits are: (1) that the privilege must not be suspended
except only in cases of invasion, insurrection or rebellion or imminent danger thereof; and VITUG
(2) when the public safety requires it, in any of which events the same may be suspended
wherever during such period the necessity for the suspension shall exist. The extent of the The act of the President in simply calling on the armed forces of the Philippines, an executive
power, which may be inquired into by courts is defined by these limitations. The function of prerogative, to assist the PNP in joint visibility patrols in the metropolis, does not constitute
the Court is not to supplant but merely to check the Executive; to ascertain whether the grave abuse of discretion that would now warrant an exercise by the Supreme Court of its
President has gone beyond the constitutional limits of his jurisdiction, not to exercise the extraordinary power as so envisioned by the fundamental law.
power vested in him or to determine the wisdom of his act.
- (Javellana v. Executive Secretary) While a majority of the Court held that the issue of MENDOZA [concur and dissent]
whether or not the 1973 Constitution was justiciable, a majority also ruled that the decisive
issue of whether the 1973 Constitution had come into force and effect, with or without - The judgment on the substantive constitutional issues raised by petitioner must await an
constitutional ratification, was a political question actual case involving real parties with injuries to show as a result of the operation of the
- (Aquino, Jr. v. Enrile) The Court upheld the President’s declaration of martial law. On challenged executive action
whether the validity of the imposition of martial law was a political or justiciable question, - A citizen’s suit challenging the constituti0onality of governmental action requires that (1) the
the Court was almost evenly divided. petitioner must have suffered an “injury in fact” of an actual or imminent nature; (2) there must
- (Garcia-Padilla v. Enrile) The issuance of the Presidential Commitment Order by the be a causal connection between the injury and the conduct complained of; and (3) the injury is
President was not subject to judicial inquiry. In times of war or national emergency, the likely to be redressed by a favorable action by this Court
President must be given absolute control for the very life of the nation and government is in - Only a party injured by the operation of the governmental action challenged is in the best
peril position to aid the Court in determining the precise nature of the problem presented.
- Because of the absence of parties with real and substantial interest to protect, we do not
have evidence on the effect of military presence in malls and commercial centers
- Dismiss suit on the ground of lack of standing of petitioner and the consequent lack of an 1. WON issue is justiciable given mootness of the issue and legal standing of the parties
actual case or controversy b. WON petitioners have legal standing
2. WON issuances of the President are valid
SANLAKAS V EXECUTIVE SECRETARY
TINGA; February 3, 2004 HELD
1. The President, in declaring state of rebellion and in calling out the armed forces, was
FACTS merely exercising a wedding of her Chief Executive and Commander-in-Chief powers. These
- July 27, 2003 – Some 300 junior officers and enlisted men of AFP, armed with ammunitions are purely executive powers, vested on the President by Sections 1 and 18, Article 7 as
and explosives, stormed into Oakwood apartments in Makati. They demanded the resignation opposed to the delegated legislative powers contemplated by Section 23 (2), Article 6.
of GMA, Defense Secretary and the PNP Chief. - Justiciable even if moot
- Later that day, the President issued Proclamation No. 427 and General Order No. 4 both - Courts will decide a question, otherwise moot, if it is capable of repetition yet evading review
declaring “a state of rebellion” and calling out the AFP to suppress the rebellion. - Lacson v. Perez – mootness preclude the Court from addressing its Constitutionality
- Oakwood occupation ended in the evening after negotiations. - Only Rep Suplico et al and Sen Pimentel have legal standing because when an act of the
- August 1, 2003 – President lifted the declaration. Executive injures the institution of the Congress and causes a derivative but substantial injury,
- PARTIES then any member can file suit (Phil. Constitution Association v. Enriquez)
> Sanlakas and Partido ng Manggagawa (PD) - Sanlakas, PM, and SJS have no legal standing because they did not obtain any direct injury
o Sec 18, Art 7 does not require declaration of a state of rebellion to call out the armed from the governmental act that is being challenged. People’s organization status would not
forces vest them with the requisite personality to question the validity of the presidential issuances
o There is no sufficient factual basis for an indefinite period since Oakwood occupation (Kilosbayan v. Morato)
had ceased. - SJS as taxpayers and citizens have no legal standing because there was no illegal
> Social Justice Society (SJS) as Filipino citizens, taxpayers, law professors and bar
disbursement of public funds derived from taxation
reviewers
2. Presidential issuances are valid
o Declaration is constitutional anomaly that confuses because overzealous
- Art 7, Sec 18 – Sequence of graduated powers: 1.calling out power, 2.power to suspend writ
public officers acting pursuant to the proclamation are liable to violate the constitutional
of habeas corpus, 3.power to declare martial law.
rights of citizens
o Circumvention of the report requirement in Sec 18, Art 7, commanding the - 2 and 3 require concurrence of actual invasion or rebellion AND that public safety requires
President to submit a report to Congress within 48 hours from proclamation of martial the exercise of such power. These are not required in calling-out power (IBP v. Zamora)
law - It does not expressly prohibit the President from declaring a state of rebellion. The
o Presidential issuances cannot be construed as an exercise of emergency Constitution vests the President not only with Commander-in-Chief powers but with first and
powers as Congress has not delegated any such power to the President foremost, Executive powers
> Rep. Suplico et al as citizens and members of House of Representatives - US Constitutional history: commander-in-chief powers are broad enough as it is and become
o Their rights, powers, and functions were allegedly affected more so when taken together with the provision on executive power and presidential oath of
o Declaration is a superfluity and is actually an exercise of emergency powers and office
therefore is a usurpation of the power of the Congress in Art 6, Sec 23 par 2 - President’s authority to declare state of rebellion springs in the main from her powers as
> Sen. Pimentel
chief executive and at the same time draws strength from her commander-in-chief powers
o Issuances are unwarranted, illegal, and abusive exercise of a martial law power that
- The declaration of state of rebellion only gives notice to the nation that such a state exists
has no constitutional basis
> Solicitor-General and the armed forces may be called to prevent or suppress it.
o Case has become moot because of the lifting of the declaration - Declaration cannot diminish or violate constitutionality protected rights (Lacson)
ISSUES
- President has full discretionary power to call out the armed forces and to determine the ARGUMENTS OF THE GOVERNMENT
necessity of the exercise of such power. There is no proof that the President acted without In their presentation of the factual bases of PP 1017 and G.O. No. 5, respondents
factual basis. stated that the proximate cause behind the executive issuances was the conspiracy among
- Declaration of state of rebellion does not amount to declaration of martial law. some military officers, leftist insurgents of the New People’s Army (NPA), and some members
of the political opposition in a plot to unseat or assassinate President Arroyo. [4] They
DAVID V MACAPAGAL-ARROYO considered the aim to oust or assassinate the President and take-over the reigns of
SANDOVAL-GUTIERREZ; May 3, 2006 government as a clear and present danger.
During the oral arguments held on March 7, 2006, the Solicitor General specified the
FACTS facts leading to the issuance of PP 1017 and G.O. No. 5. SIGNIFICANTLY, THERE WAS
- On February 24, 2006, as the nation celebrated the 20 th Anniversary of the Edsa People NO REFUTATION FROM PETITIONERS’ COUNSELS.
Power I, President Arroyo issued PP 1017 declaring a state of national emergency, thus: On January 17, 2006, Captain Nathaniel Rabonza and First Lieutenants Sonny
NOW, THEREFORE, I, Gloria Macapagal-Arroyo, President of the Republic of the Sarmiento, Lawrence San Juan and Patricio Bumidang, members of the Magdalo Group
Philippines and Commander-in-Chief of the Armed Forces of the Philippines, by virtue indicted in the Oakwood mutiny, escaped their detention cell in Fort Bonifacio, Taguig City. In
of the powers vested upon me by Section 18, Article 7 of the Philippine Constitution a public statement, they vowed to remain defiant and to elude arrest at all costs. They called
which states that: “The President. . . whenever it becomes necessary, . . . may call out upon the people to “show and proclaim our displeasure at the sham regime. Let us
(the) armed forces to prevent or suppress. . .rebellion. . .,” and in my capacity as their demonstrate our disgust, not only by going to the streets in protest, but also by wearing red
Commander-in-Chief, do hereby command the Armed Forces of the Philippines, bands on our left arms.” [5]
to maintain law and order throughout the Philippines, prevent or suppress all On February 17, 2006, the authorities got hold of a document entitled “ Oplan
forms of lawless violence as well as any act of insurrection or rebellion and to Hackle I ” which detailed plans for bombings and attacks during the Philippine Military
enforce obedience to all the laws and to all decrees, orders and regulations Academy Alumni Homecoming in Baguio City. The plot was to assassinate selected targets
promulgated by me personally or upon my direction ; and as provided in Section including some cabinet members and President Arroyo herself. [6] Upon the advice of her
17, Article 12 of the Constitution do hereby declare a State of National security, President Arroyo decided not to attend the Alumni Homecoming. The next day, at the
Emergency. height of the celebration, a bomb was found and detonated at the PMA parade ground.
- The declaration is premised military and police intelligence containing concerted efforts of On February 21, 2006, Lt. San Juan was recaptured in a communist safehouse in
Left and Right wing factions to bring down the Arroyo Government. Batangas province. Found in his possession were two (2) flash disks containing minutes of
- On the same day, the President issued G. O. No. 5 implementing PP 1017 (hence, the the meetings between members of the Magdalo Group and the National People’s Army (NPA),
same premise as PP1017), thus: a tape recorder, audio cassette cartridges, diskettes, and copies of subversive documents. [7]
NOW, THEREFORE, I GLORIA MACAPAGAL-ARROYO, by virtue of the powers Prior to his arrest, Lt. San Juan announced through DZRH that the “ Magdalo’s D-Day would
vested in me under the Constitution as President of the Republic of the Philippines, and be on February 24, 2006, the 20th Anniversary of Edsa I.”
Commander-in-Chief of the Republic of the Philippines, and pursuant to Proclamation On February 23, 2006, PNP Chief Arturo Lomibao intercepted information that
No. 1017 dated February 24, 2006, do hereby call upon the Armed Forces of the members of the PNP- Special Action Force were planning to defect. Thus, he immediately
Philippines (AFP) and the Philippine National Police (PNP), to prevent and suppress ordered SAF Commanding General Marcelino Franco, Jr. to “disavow” any defection. The
acts of terrorism and lawless violence in the country; latter promptly obeyed and issued a public statement: “ All SAF units are under the effective
I hereby direct the Chief of Staff of the AFP and the Chief of the PNP, as well as the control of responsible and trustworthy officers with proven integrity and unquestionable
officers and men of the AFP and PNP, to immediately carry out the necessary and loyalty.”
appropriate actions and measures to suppress and prevent acts of terrorism On the same day, at the house of former Congressman Peping Cojuangco,
and lawless violence. President Cory Aquino’s brother, businessmen and mid-level government officials plotted
- On March 3, 2006, exactly one week after the declaration of a state of national emergency moves to bring down the Arroyo administration. Nelly Sindayen of TIME Magazine reported
and after all these petitions had been filed, the President lifted PP 1017. that Pastor Saycon, longtime Arroyo critic, called a U.S. government official about his group’s
plans if President Arroyo is ousted. Saycon also phoned a man code-named Delta. Saycon In G.R. No. 171396, petitioners Randolf S. David, et al. assailed PP 1017 on the
identified him as B/Gen. Danilo Lim, Commander of the Army’s elite Scout Ranger. Lim said grounds that (1) it encroaches on the emergency powers of Congress; (2) it is a subterfuge to
“it was all systems go for the planned movement against Arroyo. ”[8] avoid the constitutional requirements for the imposition of martial law; and (3) it violates the
B/Gen. Danilo Lim and Brigade Commander Col. Ariel Querubin confided to Gen. constitutional guarantees of freedom of the press, of speech and of assembly.
Generoso Senga, Chief of Staff of the Armed Forces of the Philippines (AFP), that a huge In G.R. No. 171409, petitioners Ninez Cacho-Olivares and Tribune Publishing Co.,
number of soldiers would join the rallies to provide a critical mass and armed component to Inc. challenged the CIDG’s act of raiding the Daily Tribune offices as a clear case of
the Anti-Arroyo protests to be held on February 24, 2005. According to these two (2) officers, “censorship” or “prior restraint.” They also claimed that the term “emergency” refers only to
there was no way they could possibly stop the soldiers because they too, were breaking the tsunami, typhoon, hurricane and similar occurrences, hence, there is “ absolutely no
chain of command to join the forces foist to unseat the President. However, Gen. Senga has emergency” that warrants the issuance of PP 1017.
remained faithful to his Commander-in-Chief and to the chain of command. He immediately In G.R. No. 171485 , petitioners herein are Representative Francis Joseph G.
took custody of B/Gen. Lim and directed Col. Querubin to return to the Philippine Marines Escudero, and twenty one (21) other members of the House of Representatives, including
Headquarters in Fort Bonifacio. Representatives Satur Ocampo, Rafael Mariano, Teodoro Casiño, Liza Maza, and Josel
Earlier, the CPP-NPA called for intensification of political and revolutionary work Virador. They asserted that PP 1017 and G.O. No. 5 constitute “ usurpation of legislative
within the military and the police establishments in order to forge alliances with its members powers”; “violation of freedom of expression” and “a declaration of martial law.” They alleged
and key officials. NPA spokesman Gregorio “Ka Roger” Rosal declared: “ The Communist that President Arroyo “gravely abused her discretion in calling out the armed forces without
Party and revolutionary movement and the entire people look forward to the possibility in the clear and verifiable factual basis of the possibility of lawless violence and a showing that there
coming year of accomplishing its immediate task of bringing down the Arroyo regime; of is necessity to do so.”
rendering it to weaken and unable to rule that it will not take much longer to end it .”[9] In G.R. No. 171483 , petitioners KMU, NAFLU-KMU, and their members averred
On the other hand, Cesar Renerio, spokesman for the National Democratic Front that PP 1017 and G.O. No. 5 are unconstitutional because (1) they arrogate unto President
(NDF) at North Central Mindanao, publicly announced: “ Anti-Arroyo groups within the military Arroyo the power to enact laws and decrees; (2) their issuance was without factual basis; and
and police are growing rapidly, hastened by the economic difficulties suffered by the families (3) they violate freedom of expression and the right of the people to peaceably assemble to
of AFP officers and enlisted personnel who undertake counter-insurgency operations in the redress their grievances.
field.” He claimed that with the forces of the national democratic movement, the anti-Arroyo In G.R. No. 171400 , petitioner Alternative Law Groups, Inc. (ALGI) alleged that PP
conservative political parties, coalitions, plus the groups that have been reinforcing since June 1017 and G.O. No. 5 are unconstitutional because they violate (a) Section 4[15] of Article II,
2005, it is probable that the President’s ouster is nearing its concluding stage in the first half of (b) Sections 1,[16] 2,[17] and 4[18] of Article III, (c) Section 23[19] of Article VI, and (d) Section
2006. 17[20] of Article XII of the Constitution.
Respondents further claimed that the bombing of telecommunication towers and cell In G.R. No. 171489, petitioners Jose Anselmo I. Cadiz et al., alleged that PP 1017
sites in Bulacan and Bataan was also considered as additional factual basis for the issuance is an “arbitrary and unlawful exercise by the President of her Martial Law powers .” And
of PP 1017 and G.O. No. 5. So is the raid of an army outpost in Benguet resulting in the assuming that PP 1017 is not really a declaration of Martial Law, petitioners argued that “ it
death of three (3) soldiers. And also the directive of the Communist Party of the Philippines amounts to an exercise by the President of emergency powers without congressional
ordering its front organizations to join 5,000 Metro Manila radicals and 25,000 more from the approval.” In addition, petitioners asserted that PP 1017 “goes beyond the nature and
provinces in mass protests.[10] function of a proclamation as defined under the Revised Administrative Code.”
By midnight of February 23, 2006, the President convened her security advisers and And lastly, in G.R. No. 171424, petitioner Loren B. Legarda maintained that PP
several cabinet members to assess the gravity of the fermenting peace and order situation. 1017 and G.O. No. 5 are “ unconstitutional for being violative of the freedom of expression,
She directed both the AFP and the PNP to account for all their men and ensure that the chain including its cognate rights such as freedom of the press and the right to access to
of command remains solid and undivided. To protect the young students from any possible information on matters of public concern, all guaranteed under Article III, Section 4 of the
trouble that might break loose on the streets, the President suspended classes in all levels in 1987 Constitution.” In this regard, she stated that these issuances prevented her from fully
the entire National Capital Region. prosecuting her election protest pending before the Presidential Electoral Tribunal.
PETITIONER’S ARGUMENTS - In respondents’ Consolidated Comment, the Solicitor General countered that: first, the
petitions should be dismissed for being moot; second, petitioners in G.R. Nos. 171400 the bench and the bar, and in the present petitions, the military and the police, on the extent of
(ALGI), 171424 (Legarda), 171483 (KMU et al.), 171485 (Escudero et al.) and 171489 (Cadiz the protection given by constitutional guarantees. [35] And lastly, respondents’ contested
et al.) have no legal standing; third, it is not necessary for petitioners to implead President actions are capable of repetition. Certainly, the petitions are subject to judicial review. In
Arroyo as respondent; fourth, PP 1017 has constitutional and legal basis; and fifth, PP 1017 their attempt to prove the alleged mootness of this case, respondents cited Chief Justice
does not violate the people’s right to free expression and redress of grievances. Artemio V. Panganiban’s Separate Opinion in Sanlakas v. Executive Secretary.[36] However,
they failed to take into account the Chief Justice’s very statement that an otherwise “moot”
ISSUES case may still be decided “provided the party raising it in a proper case has been and/or
Procedural continues to be prejudiced or damaged as a direct result of its issuance. ” The present case
1. WON the moot and academic principle precludes the Court from taking falls right within this exception to the mootness rule pointed out by the Chief Justice.
cognizance of the cases 2. YES. The requirement of Locus standi which is the right of appearance in a court of
2. WON petitioners in 171485 (Escudero et al.), G.R. Nos. 171400 (ALGI), justice on a given question shall be set aside by the Court whenever it is shown that the case
171483 (KMU et al.), 171489 (Cadiz et al.), and 171424 (Legarda) have legal is of transcendental importance.
standing Reasoning
Substantive - Locus standi is defined as “a right of appearance in a court of justice on a given question.” [37]
3. WON Supreme Court can review the factual basis of PP 1017 In private suits, standing is governed by the “real-parties-in interest” rule as contained in
4. WON PP 1017 and G.O. No. 5 are unconstitutional Section 2, Rule 3 of the 1997 Rules of Civil Procedure, as amended. It provides that “every
a. Facial Challenge action must be prosecuted or defended in the name of the real party in interest .”
b. Constitutional Basis Accordingly, the “real-party-in interest” is “the party who stands to be benefited or injured
c. As Applied Challenge by the judgment in the suit or the party entitled to the avails of the suit. ”[38] Succinctly
put, the plaintiff’s standing is based on his own right to the relief sought.
HELD - By way of summary, the following rules may be culled from the cases decided by this Court.
Procedural Taxpayers, voters, concerned citizens, and legislators may be accorded standing to sue,
1. NO. Courts will decide cases, otherwise moot and academic, if: first, there is a grave provided that the following requirements are met:
violation of the Constitution;[31] second, the exceptional character of the situation and the 1. the cases involve constitutional issues;
paramount public interest is involved;[32] third, when constitutional issue raised requires 2. for taxpayers, there must be a claim of illegal disbursement of public funds or that the
formulation of controlling principles to guide the bench, the bar, and the public; [33] and fourth, tax measure is unconstitutional;
the case is capable of repetition yet evading review.[34] 3. for voters, there must be a showing of obvious interest in the validity of the election law
Reasoning in question;
- Courts will decide cases, otherwise moot and academic, if: first, there is a grave violation of 4. or concerned citizens, there must be a showing that the issues raised are of
the Constitution;[31] second, the exceptional character of the situation and the paramount transcendental importance which must be settled early; and
public interest is involved;[32] third, when constitutional issue raised requires formulation of 5. or legislators, there must be a claim that the official action complained of infringes upon
controlling principles to guide the bench, the bar, and the public; [33] and fourth, the case is their prerogatives as legislators.
capable of repetition yet evading review.[34] - Now, the application of the above principles to the present petitions.
- All the foregoing exceptions are present here and justify this Court’s assumption of - The locus standi of petitioners in G.R. No. 171396, particularly David and Llamas, is
jurisdiction over the instant petitions. Petitioners alleged that the issuance of PP 1017 and beyond doubt. The same holds true with petitioners in G.R. No. 171409, Cacho-Olivares
G.O. No. 5 violates the Constitution. There is no question that the issues being raised affect and Tribune Publishing Co. Inc. They alleged “direct injury” resulting from “illegal arrest” and
the public’s interest, involving as they do the people’s basic rights to freedom of expression, of “unlawful search” committed by police operatives pursuant to PP 1017. Rightly so, the
assembly and of the press. Moreover, the Court has the duty to formulate guiding and Solicitor General does not question their legal standing.
controlling constitutional precepts, doctrines or rules. It has the symbolic function of educating - In G.R. No. 171485, the opposition Congressmen alleged there was usurpation of
legislative powers. They also raised the issue of whether or not the concurrence of Congress paraphrase Justice Laurel, the whole of Philippine society now waits with bated breath the
is necessary whenever the alarming powers incident to Martial Law are used. Moreover, it is ruling of this Court on this very critical matter. The petitions thus call for the application of the
in the interest of justice that those affected by PP 1017 can be represented by their “transcendental importance” doctrine, a relaxation of the standing requirements for the
Congressmen in bringing to the attention of the Court the alleged violations of their basic petitioners in the “PP 1017 cases.”
rights. - This Court holds that all the petitioners herein have locus standi.
- In G.R. No. 171400, (ALGI), this Court applied the liberality rule in Philconsa v. Enriquez,[60] - Incidentally, IT IS NOT PROPER TO IMPLEAD PRESIDENT ARROYO AS RESPONDENT.
Kapatiran Ng Mga Naglilingkod sa Pamahalaan ng Pilipinas, Inc. v. Tan ,[61] Association of SETTLED IS THE DOCTRINE THAT THE PRESIDENT, DURING HIS TENURE OF OFFICE
Small Landowners in the Philippines, Inc. v. Secretary of Agrarian Reform ,[62] Basco v. OR ACTUAL INCUMBENCY,[67] MAY NOT BE SUED IN ANY CIVIL OR CRIMINAL CASE,
Philippine Amusement and Gaming Corporation, [63] and Tañada v. Tuvera,[64] that when the AND THERE IS NO NEED TO PROVIDE FOR IT IN THE CONSTITUTION OR LAW. It will
issue concerns a public right, it is sufficient that the petitioner is a citizen and has an interest in degrade the dignity of the high office of the President, the Head of State, if he can be dragged
the execution of the laws. into court litigations while serving as such. Furthermore, it is important that he be freed from
- In G.R. No. 171483, KMU’s assertion that PP 1017 and G.O. No. 5 violated its right to any form of harassment, hindrance or distraction to enable him to fully attend to the
peaceful assembly may be deemed sufficient to give it legal standing. Organizations may performance of his official duties and functions. Unlike the legislative and judicial branch, only
be granted standing to assert the rights of their members .[65] We take judicial notice of one constitutes the executive branch and anything which impairs his usefulness in the
the announcement by the Office of the President banning all rallies and canceling all permits discharge of the many great and important duties imposed upon him by the Constitution
for public assemblies following the issuance of PP 1017 and G.O. No. 5. necessarily impairs the operation of the Government. However, this does not mean that the
- In G.R. No. 171489, petitioners, Cadiz et al., who are national officers of the Integrated Bar President is not accountable to anyone. Like any other official, he remains accountable to the
of the Philippines (IBP) have no legal standing, having failed to allege any direct or potential people[68] but he may be removed from office only in the mode provided by law and that is by
injury which the IBP as an institution or its members may suffer as a consequence of the impeachment.[69]
issuance of PP No. 1017 and G.O. No. 5. In Integrated Bar of the Philippines v. Zamora, [66] Substantive
the Court held that the mere invocation by the IBP of its duty to preserve the rule of law and 3. The President’s “calling-out” power is a discretionary power solely vested in his wisdom.
nothing more, while undoubtedly true, is not sufficient to clothe it with standing in this case. However, “this does not prevent an examination of whether such power was
This is too general an interest which is shared by other groups and the whole citizenry. exercised within permissible constitutional limits or whether it was exercised in a
However, in view of the transcendental importance of the issue, this Court declares that manner constituting grave abuse of discretion.” This ruling is based on Section 1,
petitioner have locus standi. Article VIII of 1987 Constitution which fortifies the authority of the courts to determine in an
- In G.R. No. 171424, Loren Legarda has no personality as a taxpayer to file the instant appropriate action the validity of the acts of the political departments. Under the new
petition as there are no allegations of illegal disbursement of public funds. The fact that she definition of judicial power, the courts are authorized not only “to settle actual controversies
is a former Senator is of no consequence. She can no longer sue as a legislator on the involving rights which are legally demandable and enforceable,” but also “to determine
allegation that her prerogatives as a lawmaker have been impaired by PP 1017 and G.O. No. whether or not there has been a grave abuse of discretion amounting to lack or
5. Her claim that she is a media personality will not likewise aid her because there was no excess of jurisdiction on the part of any branch or instrumentality of the
showing that the enforcement of these issuances prevented her from pursuing her occupation. government.” The latter part of the authority represents a broadening of judicial power to
Her submission that she has pending electoral protest before the Presidential Electoral enable the courts of justice to review what was before a forbidden territory, to wit, the
Tribunal is likewise of no relevance. She has not sufficiently shown that PP 1017 will affect discretion of the political departments of the government. [81] It speaks of judicial prerogative
the proceedings or result of her case. But considering once more the transcendental not only in terms of power but also of duty.[82]
importance of the issue involved, this Court may relax the standing rules. - However, “judicial inquiry can go no further than to satisfy the Court not that the President’s
- It must always be borne in mind that the question of locus standi is but corollary to the bigger decision is correct,” but that “the President did not act arbitrarily.” Thus, the standard laid
question of proper exercise of judicial power. This is the underlying legal tenet of the “liberality down is not correctness, but arbitrariness. [83] It is incumbent upon the petitioner to show
doctrine” on legal standing. It cannot be doubted that the validity of PP No. 1017 and G.O. that the President’s decision is totally bereft of factual basis ” and that if he fails, by way
No. 5 is a judicial question which is of paramount importance to the Filipino people. To of proof, to support his assertion, then “this Court cannot undertake an independent
investigation beyond the pleadings. - And third, a facial challenge on the ground of overbreadth is the most difficult challenge to
- Petitioners failed to show that President Arroyo’s exercise of the calling-out power, by issuing mount successfully, since the challenger must establish that there can be no instance
PP 1017, is totally bereft of factual basis. A reading of the Solicitor General’s Consolidated when the assailed law may be valid. Here, petitioners did not even attempt to show
Comment and Memorandum shows a detailed narration of the events leading to the issuance whether this situation exists.
of PP 1017, with supporting reports forming part of the records. Petitioners presented nothing - Related to the “overbreadth” doctrine is the “void for vagueness doctrine” which holds that
to refute such events. Thus, absent any contrary allegations, the Court is convinced that the “a law is facially invalid if men of common intelligence must necessarily guess at its
President was justified in issuing PP 1017 calling for military aid. meaning and differ as to its application. ”[110] It is subject to the same principles governing
4. YES. Notwithstanding the discretionary nature of the constitutional exercise of the overbreadth doctrine. For one, it is also an analytical tool for testing “on their faces” statutes
President of his/her calling out of power, the Courts shall have authority to inquire into the in free speech cases. And like overbreadth, it is said that a litigant may challenge a statute
factual basis of such exercise to determine whether it was within the constitutionally on its face only if it is vague in all its possible applications. Again, petitioners did not
permissible limits or whether grave abuse of discretion attended its exercise. (This even attempt to show that PP 1017 is vague in all its application. They also failed to
interpretation was based on Article VIII, section 1 establish that men of common intelligence cannot understand the meaning and application of
a. Facial Challenge. Facial invalidation of laws (overbreadth doctrine) shall not be resorted PP 1017.
to in the absence of clear showing that (1) the law involves the exercise of free speech; (2) b. Constitutional Basis. The authority of the President to exercise his calling out power to
that there can be no instance that the assailed law may be valid; and that (3) the Court has no suppress lawless violence shall not be deemed to include the power to authorize: (a) arrests
other alternative remedies available. and seizures without judicial warrants; (b) ban on public assemblies; (c) take-over of news
- Under the void-for-vagueness doctrine, a law shall be facially invalid only if men of common media and agencies and press censorship; and (d) issuance of Presidential Decrees, as these
intelligence must necessarily guess at its meaning and differ as to its application. powers can be exercised by the President as Commander-in-Chief only where there is a valid
Reasoning declaration of Martial Law or suspension of the writ of habeas corpus.
Petitioners contend that PP 1017 is void on its face because of its “overbreadth.” They claim - The take care power of the President, which includes the power to enforce obedience of
that its enforcement encroached on both unprotected and protected rights under Section 4, laws shall not be deemed to include calling the military to enforce or implement certain laws,
Article III of the Constitution and sent a “chilling effect” to the citizens. such as customs laws, laws governing family and property relations, laws on obligations and
- A facial review of PP 1017, using the overbreadth doctrine, is uncalled for. First and contracts and the like.
foremost, the overbreadth doctrine is an analytical tool developed for testing “on their faces” - The ordinance power of the President shall not include the power to make “decrees” with the
statutes in free speech cases. A plain reading of PP 1017 shows that it is not primarily same force and effect as those issued by President Marcos.
directed to speech or even speech-related conduct. It is actually a call upon the AFP to - In the absence of delegated authority from Congress, the authority of the President to
prevent or suppress all forms of lawless violence. In United States v. Salerno,[104] the US declare a state of emergency shall not be deemed to include the power to temporarily take
Supreme Court held that “we have not recognized an ‘overbreadth’ doctrine outside the over or direct the operation of any privately owned public utility or business affected with
limited context of the First Amendment” (freedom of speech) . Moreover, the public interest.
overbreadth doctrine is not intended for testing the validity of a law that “reflects legitimate - Acts of terrorism no matter how repulsive shall not be deemed to be punishable in the
state interest in maintaining comprehensive control over harmful, constitutionally unprotected absence of legislation clearly defining said acts and providing specific punishments therefor.
conduct.” Undoubtedly, lawless violence, insurrection and rebellion are considered “harmful” Reasoning
and “constitutionally unprotected conduct.” Calling-out Power
- Second, facial invalidation of laws is considered as “manifestly strong medicine,” to be - The Constitution grants the President, as Commander-in-Chief, a “sequence” of graduated
used “sparingly and only as a last resort,” and is “generally disfavored;”[107] The reason powers. These are: the calling-out power, the power to suspend the privilege of the writ of
for this is obvious. Embedded in the traditional rules governing constitutional adjudication is habeas corpus, and the power to declare Martial Law. The only criterion for the exercise of
the principle that a person to whom a law may be applied will not be heard to challenge a law the calling-out power is that “whenever it becomes necessary,” the President may call the
on the ground that it may conceivably be applied unconstitutionally to others, i.e., in other armed forces “to prevent or suppress lawless violence, invasion or rebellion .”
situations not before the Court. [108] Considering the circumstances then prevailing, President Arroyo found it necessary to issue
PP 1017. Owing to her Office’s vast intelligence network, she is in the best position to than a call by the President to the armed forces to prevent or suppress lawless violence. As
determine the actual condition of the country. such, it cannot be used to justify acts that only under a valid declaration of Martial Law can be
- Under the calling-out power, the President may summon the armed forces to aid him in done. Its use for any other purpose is a perversion of its nature and scope, and any act done
suppressing lawless violence, invasion and rebellion. This involves ordinary police contrary to its command is ultra vires. Specifically, (a) arrests and seizures without judicial
action. But every act that goes beyond the President’s calling-out power is considered illegal warrants; (b) ban on public assemblies; (c) take-over of news media and agencies and press
or ultra vires. For this reason, a President must be careful in the exercise of his powers. He censorship; and (d) issuance of Presidential Decrees, are powers which can be exercised by
cannot invoke a greater power when he wishes to act under a lesser power. There lies the the President as Commander-in-Chief only where there is a valid declaration of Martial Law
wisdom of our Constitution, the greater the power, the greater are the limitations. or suspension of the writ of habeas corpus.
- It is pertinent to state, however, that there is a distinction between the President’s authority to - Based on the above disquisition, it is clear that PP 1017 is not a declaration of Martial Law.
declare a “state of rebellion” (in Sanlakas) and the authority to proclaim a state of national It is merely an exercise of President Arroyo’s calling-out power for the armed forces to
emergency. While President Arroyo’s authority to declare a “state of rebellion” emanates from assist her in preventing or suppressing lawless violence.
her powers as Chief Executive, the statutory authority cited in Sanlakas was Section 4,
Chapter 2, Book II of the Revised Administrative Code of 1987, which provides: “Take Care” Power
SEC. 4. – Proclamations. – Acts of the President fixing a date or declaring a status or - The second provision of PP 1017 pertains to the power of the President to ensure that the
condition of public moment or interest, upon the existence of which the operation of a laws be faithfully executed. This is based on Section 17, Article VII which reads:
specific law or regulation is made to depend, shall be promulgated in proclamations SEC. 17. The President shall have control of all the executive departments, bureaus,
which shall have the force of an executive order. and offices. He shall ensure that the laws be faithfully executed.
- President Arroyo’s declaration of a “state of rebellion” was merely an act declaring a status - As the Executive in whom the executive power is vested, [115] the primary function of the
or condition of public moment or interest, a declaration allowed under Section 4 cited above. President is to enforce the laws as well as to formulate policies to be embodied in existing
Such declaration, in the words of Sanlakas, is harmless, without legal significance, and laws. He sees to it that all laws are enforced by the officials and employees of his
deemed not written. In these cases, PP 1017 is more than that. In declaring a state of department. Before assuming office, he is required to take an oath or affirmation to the effect
national emergency, President Arroyo did not only rely on Section 18, Article VII of the that as President of the Philippines, he will, among others, “execute its laws.” [116] In the
Constitution, a provision calling on the AFP to prevent or suppress lawless violence, invasion exercise of such function, the President, if needed, may employ the powers attached to his
or rebellion. She also relied on Section 17, Article XII, a provision on the State’s extraordinary office as the Commander-in-Chief of all the armed forces of the country, [117] including the
power to take over privately-owned public utility and business affected with public interest. Philippine National Police[118] under the Department of Interior and Local Government. [119]
Indeed, PP 1017 calls for the exercise of an awesome power. Obviously, such Proclamation
cannot be deemed harmless, without legal significance, or not written, as in the case of Is it within the domain of President Arroyo to promulgate “decrees”?
Sanlakas. - PP 1017 states in part: “to enforce obedience to all the laws and decrees x x x
- Some of the petitioners vehemently maintain that PP 1017 is actually a declaration of Martial promulgated by me personally or upon my direction. ”
Law. It is no so. What defines the character of PP 1017 are its wordings. It is plain therein - The President is granted an Ordinance Power under Chapter 2, Book III of Executive Order
that what the President invoked was her calling-out power. No. 292 (Administrative Code of 1987), which allows her to issue executive orders,
- In his “Statement before the Senate Committee on Justice ” on March 13, 2006, Mr. Justice administrative orders, proclamations, memorandum orders/circulars, general or special
Vicente V. Mendoza said that of the three powers of the President as Commander-in-Chief, orders. President Arroyo’s ordinance power is limited to the foregoing issuances. She cannot
the power to declare Martial Law poses the most severe threat to civil liberties. It is a strong issue decrees similar to those issued by Former President Marcos under PP 1081.
medicine which should not be resorted to lightly. It cannot be used to stifle or persecute critics Presidential Decrees are laws which are of the same category and binding force as statutes
of the government. It is placed in the keeping of the President for the purpose of enabling him because they were issued by the President in the exercise of his legislative power during the
to secure the people from harm and to restore order so that they can enjoy their individual period of Martial Law under the 1973 Constitution. [121]
freedoms. - The assailed PP 1017 is unconstitutional insofar as it grants President Arroyo the
- Justice Mendoza also stated that PP 1017 is not a declaration of Martial Law. It is no more authority to promulgate “decrees.” Legislative power is peculiarly within the province of
the Legislature. Section 1, Article VI categorically states that “[t]he legislative power shall successful prosecution by the Government of its effort to contain, solve and end the present
be vested in the Congress of the Philippines which shall consist of a Senate and a national emergency.”
House of Representatives.” To be sure, neither Martial Law nor a state of rebellion nor a - Petitioners, particularly the members of the House of Representatives, claim that President
state of emergency can justify President Arroyo’s exercise of legislative power by issuing Arroyo’s inclusion of Section 17, Article XII in PP 1017 is an encroachment on the legislature’s
decrees. emergency powers.
- A distinction must be drawn between the President’s authority to declare “a state of national
Can President Arroyo enforce obedience to all decrees and laws through the military ? emergency” and to exercise emergency powers. To the first, Section 18, Article VII grants the
- As this Court stated earlier, President Arroyo has no authority to enact decrees. It follows President such power, hence, no legitimate constitutional objection can be raised. But to the
that these decrees are void and, therefore, cannot be enforced. With respect to “laws,” she second, manifold constitutional issues arise.
cannot call the military to enforce or implement certain laws, such as customs laws, laws - Section 23, Article VI of the Constitution reads:
governing family and property relations, laws on obligations and contracts and the like. She SEC. 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session
can only order the military, under PP 1017, to enforce laws pertinent to its duty to suppress assembled, voting separately, shall have the sole power to declare the existence of
lawless violence. a state of war.
(2) In times of war or other national emergency, the Congress may, by law, authorize
Power to Take Over the President, for a limited period and subject to such restrictions as it may prescribe, to
The pertinent provision of PP 1017 states: exercise powers necessary and proper to carry out a declared national policy. Unless
x x x and to enforce obedience to all the laws and to all decrees, orders, sooner withdrawn by resolution of the Congress, such powers shall cease upon the
and regulations promulgated by me personally or upon my direction; and next adjournment thereof.
as provided in Section 17, Article XII of the Constitution do hereby - It may be pointed out that the second paragraph of the above provision refers not only to
declare a state of national emergency. war but also to “other national emergency.” If the intention of the Framers of our
- The import of this provision is that President Arroyo, during the state of national emergency Constitution was to withhold from the President the authority to declare a “state of national
under PP 1017, can call the military not only to enforce obedience “to all the laws and to all emergency” pursuant to Section 18, Article VII (calling-out power) and grant it to Congress
decrees x x x” but also to act pursuant to the provision of Section 17, Article XII which reads: (like the declaration of the existence of a state of war), then the Framers could have provided
Sec. 17. In times of national emergency, when the public interest so so. Clearly, they did not intend that Congress should first authorize the President before he
requires, the State may, during the emergency and under reasonable can declare a “state of national emergency.” Therefore, President Arroyo could validly declare
terms prescribed by it, temporarily take over or direct the operation of any the existence of a state of national emergency even in the absence of a Congressional
privately-owned public utility or business affected with public interest. enactment.
- But the exercise of emergency powers, such as the taking over of privately owned public
What could be the reason of President Arroyo in invoking the above provision when she utility or business affected with public interest, is a different matter. This requires a delegation
issued PP 1017? from Congress.
- During the existence of the state of national emergency, PP 1017 purports to grant the - Constitutional provisions in pari materia are to be construed together. Otherwise stated,
President, without any authority or delegation from Congress, to take over or direct the different clauses, sections, and provisions of a constitution which relate to the same subject
operation of any privately-owned public utility or business affected with public interest. matter will be construed together and considered in the light of each other. [123] Considering
- This provision was first introduced in the 1973 Constitution. In effect at the time of its that Section 17 of Article XII and Section 23 of Article VI relate to national emergencies, they
approval was President Marcos’ Letter of Instruction No. 2 dated September 22, 1972 must be read together to determine the limitation of the exercise of emergency powers.
instructing the Secretary of National Defense to take over “ the management, control and - Generally, Congress is the repository of emergency powers . This is evident in the
operation of the Manila Electric Company, the Philippine Long Distance Telephone tenor of Section 23 (2), Article VI authorizing it to delegate such powers to the President.
Company, the National Waterworks and Sewerage Authority, the Philippine National Certainly, a body cannot delegate a power not reposed upon it. However, knowing that
Railways, the Philippine Air Lines, Air Manila (and) Filipinas Orient Airways . . . for the during grave emergencies, it may not be possible or practicable for Congress to meet and
exercise its powers, the Framers of our Constitution deemed it wise to allow Congress to grant c. Applied Challenge. The Court shall not declare laws as invalid solely on the basis of their
emergency powers to the President, subject to certain conditions, thus: misapplication or abuse or susceptibility to abuse by the people tasked to implement them.
(1) There must be a war or other emergency. - The arrest of Randy David and other acts done by the authorities pursuant to the parts of the
(2) The delegation must be for a limited period only. laws herein considered unconstitutional are also deemed unconstitutional without prejudice to
(3) The delegation must be subject to such restrictions as the Congress may the filing of necessary administrative, criminal or civil actions against specific abuses
prescribe. committed by authorities.
(4) The emergency powers must be exercised to carry out a national policy Reasoning
declared by Congress.[124] Can this Court adjudge as unconstitutional PP 1017 and G.O. No 5 on the basis of these
- Section 17, Article XII must be understood as an aspect of the emergency powers clause. illegal acts? In general, does the illegal implementation of a law render it unconstitutional?
The taking over of private business affected with public interest is just another facet of the - Settled is the rule that courts are not at liberty to declare statutes invalid although they may
emergency powers generally reposed upon Congress. Thus, when Section 17 states that the be abused and misabused [135] and may afford an opportunity for abuse in the manner
“the State may, during the emergency and under reasonable terms prescribed by it, of application.[136] The validity of a statute or ordinance is to be determined from its general
temporarily take over or direct the operation of any privately owned public utility or purpose and its efficiency to accomplish the end desired, not from its effects in a particular
business affected with public interest,” it refers to Congress, not the President. Now, case.[137] PP 1017 is merely an invocation of the President’s calling-out power. Its general
whether or not the President may exercise such power is dependent on whether Congress purpose is to command the AFP to suppress all forms of lawless violence, invasion or
may delegate it to him pursuant to a law prescribing the reasonable terms thereof. rebellion. It had accomplished the end desired which prompted President Arroyo to issue PP
- Emergency, as a generic term, connotes the existence of conditions suddenly intensifying 1021. But there is nothing in PP 1017 allowing the police, expressly or impliedly, to conduct
the degree of existing danger to life or well-being beyond that which is accepted as normal. illegal arrest, search or violate the citizens’ constitutional rights.
Implicit in this definitions are the elements of intensity, variety, and perception. Emergencies, - Now, may this Court adjudge a law or ordinance unconstitutional on the ground that its
as perceived by legislature or executive in the United Sates since 1933, have been implementor committed illegal acts? The answer is no. The criterion by which the validity of
occasioned by a wide range of situations, classifiable under three (3) principal heads: a) the statute or ordinance is to be measured is the essential basis for the exercise of power,
economic, b) natural disaster,[129] and c) national security. and not a mere incidental result arising from its exertion.[138] This is logical.
- “Emergency,” as contemplated in our Constitution, is of the same breadth. It may include - President Arroyo issued G.O. No. 5 to carry into effect the provisions of PP 1017. General
rebellion, economic crisis, pestilence or epidemic, typhoon, flood, or other similar catastrophe orders are “acts and commands of the President in his capacity as Commander-in-Chief of the
of nationwide proportions or effect.[131] This is evident in the Records of the Constitutional Armed Forces of the Philippines.” They are internal rules issued by the executive officer to his
Commission. subordinates precisely for the proper and efficient administration of law. Such rules and
- Following our interpretation of Section 17, Article XII, invoked by President Arroyo in issuing regulations create no relation except between the official who issues them and the official who
PP 1017, this Court rules that such Proclamation does not authorize her during the receives them.[139] They are based on and are the product of, a relationship in which power is
emergency to temporarily take over or direct the operation of any privately owned public utility their source, and obedience, their object. [140] For these reasons, one requirement for these
or business affected with public interest without authority from Congress. rules to be valid is that they must be reasonable, not arbitrary or capricious.
- Let it be emphasized that while the President alone can declare a state of national - G.O. No. 5 mandates the AFP and the PNP to immediately carry out the “necessary and
emergency, however, without legislation, he has no power to take over privately-owned public appropriate actions and measures to suppress and prevent acts of terrorism and
utility or business affected with public interest. The President cannot decide whether lawless violence.”
exceptional circumstances exist warranting the take over of privately-owned public utility or - Unlike the term “lawless violence,” the phrase “acts of terrorism” is still an amorphous and
business affected with public interest. Nor can he determine when such exceptional vague concept. Congress has yet to enact a law defining and punishing acts of terrorism.
circumstances have ceased. Likewise, without legislation , the President has no power to - The absence of a law defining “acts of terrorism” may result in abuse and oppression on the
point out the types of businesses affected with public interest that should be taken over. In part of the police or military.
short, the President has no absolute authority to exercise all the powers of the State under - So far, the word “terrorism” appears only once in our criminal laws, i.e., in P.D. No. 1835
Section 17, Article VII in the absence of an emergency powers act passed by Congress. dated January 16, 1981 enacted by President Marcos during the Martial Law regime.
- P.D. No. 1835 was repealed by E.O. No. 167 (which outlaws the Communist Party of the noted that petitioner David was not wearing the subject t-shirt and even if he was wearing it,
Philippines) enacted by President Corazon Aquino on May 5, 1985. These two (2) laws, such fact is insufficient to charge him with inciting to sedition. Further, he also stated that
however, do not define “acts of terrorism.” Since there is no law defining “acts of terrorism,” it there is insufficient evidence for the charge of violation of BP 880 as it was not even
is President Arroyo alone, under G.O. No. 5, who has the discretion to determine what acts known whether petitioner David was the leader of the rally.[147]
constitute terrorism. Her judgment on this aspect is absolute, without restrictions. - But what made it doubly worse for petitioners David et al. is that not only was their right
Consequently, there can be indiscriminate arrest without warrants, breaking into offices and against warrantless arrest violated, but also their right to peaceably assemble.
residences, taking over the media enterprises, prohibition and dispersal of all assemblies and - “Assembly” under Art. III, Sec. 2 of the Constitution means a right on the part of the citizens
gatherings unfriendly to the administration. All these can be effected in the name of G.O. No. to meet peaceably for consultation in respect to public affairs. It is a necessary consequence
5. These acts go far beyond the calling-out power of the President. Certainly, they violate the of our republican institution and complements the right of speech. This right is not to be
due process clause of the Constitution. Thus, this Court declares that the “acts of terrorism” limited, much less denied, except on a showing of a clear and present danger of a
portion of G.O. No. 5 is unconstitutional. substantive evil that Congress has a right to prevent. In other words, the right to assemble is
not subject to previous restraint or censorship. It may not be conditioned upon the prior
VALIDITY OF SPECIFIC ACTS CONDUCTED BY AUTHORITIES PURSUANT TO PP issuance of a permit or authorization from the government authorities except, of course, if the
1017 AND G.O. NO. 5 assembly is intended to be held in a public place, a permit for the use of such place, and not
- In the Brief Account[144] submitted by petitioner David, certain facts are established: first, he for the assembly itself, may be validly required.
was arrested without warrant; second, the PNP operatives arrested him on the basis of PP - The ringing truth here is that petitioner David, et al. were arrested while they were exercising
1017; third, he was brought at Camp Karingal, Quezon City where he was fingerprinted, their right to peaceful assembly. They were not committing any crime, neither was there a
photographed and booked like a criminal suspect; fourth, he was treated brusquely by showing of a clear and present danger that warranted the limitation of that right. As can be
policemen who “held his head and tried to push him” inside an unmarked car; fifth, he was gleaned from circumstances, the charges of inciting to sedition and violation of BP 880
charged with Violation of Batas Pambansa No. 880 [145] and Inciting to Sedition; sixth, he were mere afterthought. Even the Solicitor General, during the oral argument, failed to justify
was detained for seven (7) hours; and seventh, he was eventually released for insufficiency the arresting officers’ conduct.
of evidence. - On the basis of the above principles, the Court likewise considers the dispersal and arrest
- The Constitution enunciates the general rule that no person shall be arrested without of the members of KMU et al. (G.R. No. 171483) unwarranted. Their dispersal was done
warrant. The recognized exceptions are in Section 5, Rule 113 of the Revised Rules on merely on the basis of Malacañang’s directive canceling all permits previously issued by
Criminal Procedure provides: local government units. This is arbitrary. The wholesale cancellation of all permits to rally is
a blatant disregard of the principle that “freedom of assembly is not to be limited, much
Sec. 5. Arrest without warrant; when lawful. - A peace officer or a private person less denied, except on a showing of a clear and present danger of a substantive
may, without a warrant, arrest a person: evil that the State has a right to prevent.”[149] Tolerance is the rule and limitation is the
(a) When, in his presence, the person to be arrested has committed, is actually exception. Only upon a showing that an assembly presents a clear and present danger that
committing, or is attempting to commit an offense. the State may deny the citizens’ right to exercise it.With the blanket revocation of permits,
(b) When an offense has just been committed and he has probable cause to believe the distinction between protected and unprotected assemblies was eliminated.
based on personal knowledge of facts or circumstances that the person to be arrested - Moreover, under BP 880, the authority to regulate assemblies and rallies is lodged with the
has committed it; and local government units. They have the power to issue permits and to revoke such permits
- Neither of the two (2) exceptions mentioned above justifies petitioner David’s warrantless after due notice and hearing on the determination of the presence of clear and present
arrest. During the inquest for the charges of inciting to sedition and violation of BP 880, danger. Here, petitioners were not even notified and heard on the revocation of their permits.
all that the arresting officers could invoke was their observation that some rallyists The first time they learned of it was at the time of the dispersal. Such absence of notice is a
were wearing t-shirts with the invective “Oust Gloria Now” and their erroneous fatal defect. When a person’s right is restricted by government action, it behooves a
assumption that petitioner David was the leader of the rally.[146] Consequently, the Inquest democratic government to see to it that the restriction is fair, reasonable, and according to
Prosecutor ordered his immediate release on the ground of insufficiency of evidence. He procedure.
- G.R. No. 171409, (Cacho-Olivares, et al.) presents another facet of freedom of speech i.e., the freedom of the press guaranteed under the fundamental law, and
the freedom of the press. Petitioners’ narration of facts, which the Solicitor General failed to constitutes a virtual denial of petitioners' freedom to express themselves in
refute, established the following: first, the Daily Tribune’s offices were searched without print. This state of being is patently anathematic to a democratic framework
warrant; second, the police operatives seized several materials for publication; third, the where a free, alert and even militant press is essential for the political
search was conducted at about 1:00 o’ clock in the morning of February 25, 2006; fourth, the enlightenment and growth of the citizenry .
search was conducted in the absence of any official of the Daily Tribune except the security - While admittedly, the Daily Tribune was not padlocked and sealed like the “ Metropolitan
guard of the building; and fifth, policemen stationed themselves at the vicinity of the Daily Mail” and “We Forum” newspapers in the above case, yet it cannot be denied that the CIDG
Tribune offices. operatives exceeded their enforcement duties. The search and seizure of materials for
- Thereafter, a wave of warning came from government officials. Presidential Chief of Staff publication, the stationing of policemen in the vicinity of the The Daily Tribune offices, and
Michael Defensor was quoted as saying that such raid was “meant to show a ‘strong the arrogant warning of government officials to media, are plain censorship. It is that
presence,’ to tell media outlets not to connive or do anything that would help the officious functionary of the repressive government who tells the citizen that he may speak
rebels in bringing down this government.” Director General Lomibao further stated that only if allowed to do so, and no more and no less than what he is permitted to say on pain of
“if they do not follow the standards –and the standards are if they would contribute punishment should he be so rash as to disobey.[153] Undoubtedly, the The Daily Tribune was
to instability in the government, or if they do not subscribe to what is in General subjected to these arbitrary intrusions because of its anti-government sentiments. This
Order No. 5 and Proc. No. 1017 – we will recommend a ‘takeover.’” National Court cannot tolerate the blatant disregard of a constitutional right even if it involves the most
Telecommunications Commissioner Ronald Solis urged television and radio networks to defiant of our citizens. Freedom to comment on public affairs is essential to the vitality of a
“cooperate” with the government for the duration of the state of national emergency. He representative democracy. It is the duty of the courts to be watchful for the constitutional
warned that his agency will not hesitate to recommend the closure of any broadcast rights of the citizen, and against any stealthy encroachments thereon. The motto should
outfit that violates rules set out for media coverage during times when the national always be obsta principiis.[154]
security is threatened . - Incidentally, during the oral arguments, the Solicitor General admitted that the search of the
- The search is illegal. Rule 126, Section 4 of The Revised Rules on Criminal Procedure Tribune’s offices and the seizure of its materials for publication and other papers are illegal;
requires that a search warrant be issued upon probable cause in connection with one and that the same are inadmissible “for any purpose,”
specific offence to be determined personally by the judge after examination under oath or - The Court has passed upon the constitutionality of these issuances. Suffice it to reiterate
affirmation of the complainant and the witnesses he may produce. Section 8 mandates that that PP 1017 is limited to the calling out by the President of the military to prevent or suppress
the search of a house, room, or any other premise be made in the presence of the lawful lawless violence, invasion or rebellion. When in implementing its provisions, pursuant to G.O.
occupant thereof or any member of his family or in the absence of the latter, in the presence No. 5, the military and the police committed acts which violate the citizens’ rights under the
of two (2) witnesses of sufficient age and discretion residing in the same locality. And Constitution, this Court has to declare such acts unconstitutional and illegal.
Section 9 states that the warrant must direct that it be served in the daytime, unless the - In this connection, Chief Justice Artemio V. Panganiban’s concurring opinion, attached
property is on the person or in the place ordered to be searched, in which case a direction hereto, is considered an integral part of this ponencia.
may be inserted that it be served at any time of the day or night. All these rules were violated
by the CIDG operatives. Decision
- Not only that, the search violated petitioners’ freedom of the press. The best gauge of a free - WHEREFORE, the Petitions are partly granted. The Court rules that PP 1017 is
and democratic society rests in the degree of freedom enjoyed by its media. In the Burgos v. CONSTITUTIONAL insofar as it constitutes a call by President Gloria Macapagal-Arroyo on
Chief of Staff[152] this Court held that -- the AFP to prevent or suppress lawless violence. However, the provisions of PP 1017
As heretofore stated, the premises searched were the business and printing offices of commanding the AFP to enforce laws not related to lawless violence, as well as decrees
the "Metropolitan Mail" and the "We Forum” newspapers. As a consequence of the promulgated by the President, are declared UNCONSTITUTIONAL. In addition, the
search and seizure, these premises were padlocked and sealed, with the further provision in PP 1017 declaring national emergency under Section 17, Article VII of the
result that the printing and publication of said newspapers were discontinued . Constitution is CONSTITUTIONAL, but such declaration does not authorize the President to
Such closure is in the nature of previous restraint or censorship abhorrent to take over privately-owned public utility or business affected with public interest without prior
legislation. - Bautista was extended by Pres to permanent appointment as Chair on Dec 17, 1988. This
- G.O. No. 5 is CONSTITUTIONAL since it provides a standard by which the AFP and the appointment was for Pres solely to make.
PNP should implement PP 1017, i.e. whatever is “necessary and appropriate actions and
measures to suppress and prevent acts of lawless violence. ” Considering that “acts of ISSUES
terrorism” have not yet been defined and made punishable by the Legislature, such portion of 1. WON appointment by Pres of Chair of Commission on Human Rights is to be w/ or w/o
G.O. No. 5 is declared UNCONSTITUTIONAL. confirmation of Commission on Appointments
- The warrantless arrest of Randolf S. David and Ronald Llamas; the dispersal and 2. WON Pres could extend another appointment to petitioner on Jan 14, 1989 an ad interin
warrantless arrest of the KMU and NAFLU-KMU members during their rallies, in the absence appointment or any other kind of appointment to same office of Chair of CHR that called for
of proof that these petitioners were committing acts constituting lawless violence, invasion or confirmation by Commission on Appointments.
rebellion and violating BP 880; the imposition of standards on media or any form of prior 3. WON in appointments solely for Pres to make, the Pres can voluntarily submit such
restraint on the press, as well as the warrantless search of the Tribune offices and whimsical appointment to Commission on Appointment for confirmation.
seizure of its articles for publication and other materials, are declared 4. WON the petition has become moot and academic.
UNCONSTITUTIONAL. HELD
1. NO
BAUTISTA V SALONGA - CHR Chair position is not among positions mentioned in Sec 16 Art 12 of Consti. Therefore,
PADILLA; April 13, 1989 appointment must be w/o review of Commission on Appointments.
- Unlike Chair/Members of CSC, COMELEC and CoA, the position of CHR Chair does not
FACTS have express provision that appointment should be with consent of Commission on
- Petition for certiorari to review decision of Commission on Appointments Appointments.
- Pres designated petitioner Mary Concepcion Bautista as Acting Chair of CHR, who took - Sec 2(c) of EO 163 says CHR Chair is among those w/c Pres is authorized by law to
oath of office before CJ Fernan. She discharged functions/duties of Chair of CHR. appoint.
- Bautista rcvd letter fr Sec of Commission on Appointments requesting her to submit info and 2. NO
docs in connection w/ her confirmation as Chair of CHR. - Bautista’s appointment on Dec 17, 1988 as Chair was a completed act on the part of the
- Secretary again wrote to Bautista to request her presence at a meeting to deliberate on her Pres.
appointment. - No new appointment could be made to position already filled by a previously completed
- Bautista wrote to Chair of Commission on Appointments, saying why she considered Comm appointment, accepted by appointee through qualification and assumption of duties.
on Appointments as having no jurisdiction to review her appointment. - Even if Pres could submit to Commission on Appointments an appointment that belongs
- As conveyed in a letter to the Exec Secretary, Commission on Appointments disapproved solely to her, still, there was no vacancy on Jan 14 1989.
Bautista’s “ad interim” appointment as Chair. - Nor can respondents contend that the new appointment on Jan 14 was an ad interim
- Bautista’s motion for reconsideration was denied. appointment bec it does not apply to appointments solely for Pres to make. It extends only to
- A Manila Standard news item reported that Pres designated Mallillin as Acting Chair of CHR those where review of Comm on Appointments is needed. That is why those types of
pending resolution of Bautista’s case. appointments remain valid until disapproval by Commission on Appointments or until next
- Bautista filed this petition w/ prayer for issuance of restraining order to enjoin Commission of adjournment of Congress.
Appointments not to proceed w/ deliberation on her appointment. 3. NO
- Bautista filed amended petition for restraining order impleading Mallillin as respondent. She - To say otherwise is to say that Pres w/ Congress can from time to time move power
also filed ex-parte motion to stop Mallillin fr exercising fcns of Chair and fr demanding courtesy boundaries in Consti.
resignations fr officers. - Neither Exec nor Legislative can create power where Consti confers none. If Consti made
- Court issued TRO regarding Mallillin but not regarding Commission on Appointments, being appointment exclusive for Pres, Pres can’t grant power of participation in Commission on
instrumentality of coequal branch.
Appointments. Nor can Commission on Appointments create power to confirm appointments the Constitution. The Commission on Appointments was allowed to intervene in the court
that Consti has reserved to Pres alone. proceeding.
4. NO - The case was considered justiciable given that there is great public interest such as the need
- Respondent contends that w/ or w/o confirmation, Bautista can be removed fr office anytime for stability in public service. This disposed the question of whether this is the proper remedy
at pleasure of Pres. And w/ disapproval of appointment/nomination by Commission on to question respondents right to the Office of the Commissioner of the Bureau of Customs and
Appointments, there was greater reason for her removal. Thus, issue is moot and academic. also that of the legal standing of the petitioners.
SC disagrees and says petitioner came in timely manner and didn’t show intention of - The Constitutional Provision under careful examination is Article VII Section 16, which states
abandoning her petition. that:
- EO 163 speaks of term of office (7 yrs without reappointment) while EO 163-A speaks of “The President shall nominate and, with the consent of the Commission on Appointments,
tenure in office (at pleasure of Pres). The diff bet term and tenure is impt. Consistent w/ appoint the heads of the executive departments, ambassadors, other public ministers and
CHR’s needed independence, tenure in office can’t be later made dependent on pleasure of consuls, officers of the armed forces from the rank of colonel or naval captain, and other
officers whose appointments are vested in him in this Constitution. He shall also appoint all
Pres.
other officers of the Government whose appointments are not otherwise provided for by law
Obiter and those whom he may be authorized by law to appoint. The Congress may, by law, vest
- Sarmiento III V. Mison the appointment of other officers lower in rank in the President alone, in the courts, or in the
- Issue: Which appointments under 1987 Consti are to be w/ and w/o review of heads of the departments, agencies, commissions, or boards.”
Commission on Appointments?
- Ratio: Only appointments mentioned in 1 st sentence of Sec 16 Art VII are to be reviewed ISSUE
by Commission. Other appointments by President are to be made w/o participation of WON Mison’s stay in Office was Constitutional
Commission.
- Held: Appointment of Mison as Bureau of Customs head is valid. HELD
- Marbury V. Madison - Yes it is constitutional.
- Ratio: Once appointment is made, Pres’ power over the office is terminated in all cases, - Reading Article VII Section 16 there are 4 groups of officers who the President is able to
where by law the officer is not removable by him. appoint. The first group would be the heads of the executive departments, ambassadors,
Decision Petition is granted; TRO is made permanent against Mallillin; Petitioner Bautista is other public ministers and consuls, or officers of the armed forces from the rank of colonel or
lawful Chair of CHR, she may be removed only for cause. naval captain, and other officers whose appointments are vested in him in this Constitution.
Gutierrez Jr., Dissenting Opinion The second group is composed of those officers of the Government whose appointments are
Cruz, Dissenting not otherwise provided for by law. The third group are those whom the President may be
Griño-Aquino, Dissenting authorized by law to appoint. Lastly, the fourth group, are those officers lower in rank whose
appointments the Congress may by law vest in the President alone.
SARMIENTO V MISON - To interpret the law the Justices went back in history to look at the previous constitutions, the
PADILLA; December 17, 1987 1935 and 1973 Constitutions. In the 1935 Constitution all appointments is subject to the
approval of the Commission on Appointments while this was removed in the 1973 Constitution
FACTS wherein the President is able to appoint without the need for the approval of the Commission
- Petitioners Sarmiento and Arcilla who are taxpayers, lawyers, members of the Integrated Bar on Appointments. Both were problematic as the 1935 provision became a venue of “horse-
of the Philippines, and Constitutional Law professors seeks to enjoin Salvador Mison from trading” (used for political leverage) while the 1973 provision gave too much power to the
performing the functions as Commissioner of the Bureau of Customs. In addition, they would President. The court held that the 1987 provision on appointment was the middle ground that
want to enjoin Budget Secretary Guillermo Carague from disbursing Mison’s salary and was sought by the 1986 Constitutional Commission.
emoluments. The grounds for the petition was that Mison’s stay in Office is unconstitutional as - Looking through the records of the 1986 Constitutional Commission they said that the clear
there was no confirmation coming from the Commission on Appointments that is “required” by and positive intent of the framers were to make those officers in the first sentence the
individuals that are subject to the approval and confirmation of the Commission on
Appointments while those on the second and third sentence need not seek such confirmation. - 9/8/2004: a group of senators, headed by Sen. Pimentel, filed this present petition for
Given that the position as the Commissioner of the Bureau of Customs is not under those certiorari and prohibition, praying for a writ of preliminary injunction to declare these
specified in the first sentence but the second, therefore petitioner Mison is not in need of the appointments by GMA unconstitutional
approval of the Commission on Appointments and thus should be able to exercise full - 9/23/2004: GMA issued ad interim (temporary) appointments, replacing respondents’ acting
authority and functions and be entitled to his salary and emoluments. capacity
Decision Petition DISMISSED. - Sol Gen argues
Yap, Fernan, Narvasa, Paras, Feliciano, Gancayco, Bidin, Cortes, Teehankee, Melencio- + petition is moot because GMA had issued the ad interim appointments after the recess of
Herrera, Sarmiento- concurring (11) Congress; prohibition may not enjoin acts already done.
Gutierrez, Cruz- dissenting (2) + the power to appoint is executive in nature—the Commission of Appointments, though it
be composed of members of Congress, is a body independent of Congress, and its
SEPARATE OPINION executive power emanates from the Consti.
+ only Senators Enrile, Lacson, Angara, Ejercito-Estrada and Osmena, as members of the
CRUZ [dissent] Commission, possess standing in the present petition.
- Petitioners’ Argument
There is a need to look at the provision in its entirety. The focus of the records was merely on + petitioners assert that GMA cannot issue such appointments because no law grants such
the first sentence of the provision and the not on the following sentences. Those are crucial a power
given that the position in question falls under the latter. Also, the records of the Constitutional S10 Ch2 B4, EO 292: “…in case of a vacancy in the Office of a Secretary, it is only an
Commission are merely extrinsic aids and are at best persuasive only and not necessarily Undersecretary who can be designated as Acting Secretary…”
conclusive. In addition, strictly interpreting the third sentence may create an absurdity for it + while Congress is in session, no appointments can be made w/o the consent of the
gives Congress the discretion of not creating a law that would give the President the power to Commission
appoint those who are lower in rank. An irony arises when those in a lower position require the
approval of the Commission on Appointments while those who are higher in position would Respondents’ Argument:
not. -respondents assert that GMA can issue such appointments for the reason that no law
prohibits it
PIMENTEL V ERMITA S16 Ch5 T1 B3, EO 292: “The Pres. shall exercise the power to appoint such officials as
CARPIO; October 13, 2005 provided by…the law”
S17 Ch5 T1 B3, EO 292: the Pres. may appoint an officer already in service or any other
FACTS competent person
- 7/26/2004: Congress commenced their regular session
- 8/25/2004: The Commission on Appointments (composed of members of Congress) was ISSUE
constituted WON GMA’s appointment of respondents as acting secretaries w/o the consent of the
+ meanwhile, GMA issued appointments to respondents as acting secretaries of their Commission of Appointments while Congress is in session is unconstitutional
respective departments:
Arthur Yap (DOA), Alberto Romulo (DFA), Raul Gonzales (DOJ), Florencio Abad (DOE)
Avelino Cruz (DND),
Rene Villa (DAR), Joseph Durano (DOT), Mike Defensor (DENR) HELD
+ the aforementioned respondents took their oaths of office and assumed their duties as - the court held that the President may make such appointments, as the law expressly
acting secretaries provides it
S17 Ch5 Title 1 Book 3, EO 292 : “… the President may temporarily designate an officer confirmation on June 5, 2001. The Congress adjourned before the Commission could act on
already in the government service or any other competent person to perform the function of the appointments resulting in the renewal of their ad interim appointments by the President for
an office in the executive branch…” the 3rd time on June 8, 2001.
- EO 292 applies to appointments vested in the President by law—Congress is not the only - Benipayo, acting as COMELEC chairman, assigned a Velma Cinco as officer-in-charge of
source of law EID and reassigned petitioner to the Law Dept, a move which she requested reconsideration
S17(3) of the previous provision states: “In no case shall a temporary designation exceed for, citing Civil Service Commission Memorandum Circular no. 7 (transfer of employees
one (1) year.” Petitioners fail to consider that this provision acts as a safeguard against the prohibited during election period: Jan.2-June 13, 2001). Benipayo denied the request and
abuse of such appointments citing COMELEC Resolution no. 3300. Petitioner appealed to the COMELEC, filed an
- a department secretary is considered an alter ego of the President, that is, it holds a position administrative and criminal complaint with the Law Dept against Benipayo and while the
of great trust and confidence. Hence, Congress cannot impose that the undersecretary complaint was pending, she also filed this action. She claims that ad interim appointments
automatically be appointed—the Pres. must appoint an alter ego of her choice. violate the constitutional provisions on the independence of the COMELEC, and on temporary
J. Bernas, SJ.: “acting appointments may be extended any time there is a vacancy; ad appointments and reappointments of its Chairman and members. Petitioner also assails her
interim appointments are extended only during a recess of Congress and require reassignment to the Law Dept, the appointment of Cinco as well as the disbursements made
submission to the Commission of Appointments for approval or rejection.” by the COMELEC Finance Services Dept officer by way of salaries and emoluments in favor
- notwithstanding Bernas’ textbook definition, the court finds no abuse of appointments in the of respondents.
present case as such were issued immediately upon the recess of Congress, way before the - PGMA, on Sept. 6, 2001 renewed once again the ad interim appointments of Benipayo,
lapse of one year. Borra and Tuason for a term of 7 years expiring on Feb. 2, 2008.
Decision Petition DISMISSED
ISSUE
MATIBAG V BENIPAYO 1. WON Benipayo’s ad interim appointment and assumption of office as COMELEC chairman
CARPIO; April 2, 2002 is constitutional
2. WON issue is justiciable
FACTS 3. If Benipayo, Borra and Tuason were indeed appointed lawfully, WON the renewal of their
- The Case: Petition for Prohibition w/ prayer for a writ of prelim injunction and TRO. Petitioner appointments and subsequent assumption of office was constitutional
questions the appointment and the right of respondents to remain in office as Chairman and 4. WON petitioner’s removal and reassignment is illegal (done w/o approval of the COMELEC
Commissioners of the COMELEC as a collegial body)
- On Feb.2, 1999, Petitioner Ma. Angelina Matibag was appointed by the COMELEC en banc 5. WON the Officer-in-charge of COMELEC Finance Services Dept, in making disbursements
as “Acting Director IV” of the Education and Information Dept. (EID), her appointment was in favor of the new appointees, acted in excess of jurisdiction.
renewed on Feb 15, 2000 in a “Temporary” capacity and renewed yet again on Feb 15, 2001
in the same “Temporary” capacity.
- On March 22, 2001 PGMA appointed ad interim, respondents Alfredo Benipayo as HELD
COMELEC Chairman and Resurreccion Borra, and Florentino Tuason as COMELEC 1. An ad interim appointment is a permanent appointment made by the Pres. in the meantime
commissioners respectively, for a term of 7 years, expiring on Feb. 2, 2008. They took their that Congress is in recess. It is not an appointment in a temporary or acting capacity. It takes
oaths and assumed their positions with the President submitting their ad interim appointments effect immediately and can no longer be withdrawn by the Pres. once the appointee has
to the Commission on Appointments on May 22, 2001 for confirmation. The Commission on qualified into office. The fact that it is subject to confirmation by the Commission on
Appointments, however, did not act on their appointments. Appointments does not alter its permanent character.
- On June 1, 2001, PGMA renewed their ad interim appointments with the term and the Reasoning
expiration remaining the same (for 7 years and expiring on Feb 2, 2008). The new appointees - Although the last sentence of Art IX-C Sec 1(2) of the Constitution says, “In no case shall any
took oath a 2nd time and the same was transmitted to the Commission on Appointments for Member be appointed or designated in a temporary or acting capacity,” an ad interim
appointment is not a temporary appointment. A distinction was made between the two in Petitioner questioned the constitutionality of the ad interim appointments when she filed
Pamantasan ng Lungsod ng Maynila v IAC, where it was held that an ad interim appointment her petition before this Court, which is the earliest opportunity for pleading the
as defined in Black’s Law Dictionary is one that is appointed to fill a vacancy, or to discharge constitutional issue before a competent body.
the duties of the office during the absence or temporary incapacity of its regular incumbent. > the constitutional issue must be the lis mota of the case
But such is not the meaning nor the use intended in the context of Phil. law. Ad interim is used The Respondents claim that the legality of petitioner’s reassignment from the EID to the
to denote the manner in which said appointments were made, that is, done by the President, Law Dept. is the issue. The Court, however, held that unless the constitutionality of
in the meantime, while the body, which is originally vested with the power or appointment, is Benipayo’s appointment is determined, the legality of petitioner’s assignment cannot be
unable to act. determined, therefore the lis mota of this case is clearly the constitutional issue raised by
- Although the 1935 Consti did not have the provision prohibiting temporary or acting petitioner.
appointments, this Court then decided such an appointment in Nacionalista Party v Bautista 3. The phrase “without reappointment” in Art. IX-C §1(2) applies only to appointments by the
as unconstitutional declaring that, “It would be more in keeping with the intent, purpose and President and confirmed by the Commission on Appointments, regardless of WoN such
aim of the framers of the Constitution to appoint a permanent Commissioner than to designate person appointed completes the term of office.
one to act temporarily. Likewise, In Brillantes v Yorac, decided under the present Constitution, Reasoning The phrase “without reappointment” does not apply to the renewal of
this Court struck down as unconstitutional the designation by then Pres. Aquino of Haydee appointments to Benipayo, Tuason and Borra because there were no previous appointments
Yorac as Acting Chairperson of the COMELEC. that were confirmed by the Commission on Appointments.
- Art. IX-A §1 should be harmonized with Art. VII §16. for to hold that the independence of the - The renewal of their appointments was by-passed by the Commission on Appointments. It
COMELEC requires the Commission on Appointments to first confirm ad interim appointments was not acted upon on the merits at the close of the session of Congress. There was no final
before the appointees can assume office will negate the President’s power to make ad interim decision by the Commission on Appointments to give or withhold its consent to the
appointments. appointment as required by the Constitution. It is therefore neither fixed nor an unexpired
- The original draft of Art. VII §16 did not provide for ad interim appointments, however, it was term. Absent such decision, the President is free to renew the ad interim appointment of a by-
reinstated to avoid interruptions in vital govt services that would result from prolonged passed appointee as recognized in Sec.17 of the Rules of the Commission on Appointments.
vacancies in govt offices. The ad interim appointment has since been practiced by Presidents Moreover, their appointments were all for a fixed term expiring on Feb. 2, 2008, clearly not in
Aquino, Ramos and Estrada. breach of the 7 year term limit.
2. Justiciability of the case: The Court determined the justiciability of the case by tackling the 4. The COMELEC Chairman is the official expressly authorized by law to transfer or reassign
requisites of judicial review raised by the respondents which they claimed to be lacking (actual COMELEC personnel and the person holding that office, in a de jure capacity, is Benipayo. He
case/controversy was not raised) has full authority to exercise all the powers of that office for so long as his ad interim
> personal and substantial interest of the party appointment remains effective. Moreover, in COMELEC Resolution no. 3300, the COMELEC
Petitioner has a personal and material stake in the resolution of the case. If Benipayo’s en banc, approved the transfer or reassignment of COMELEC personnel during the election
appointment is unlawful, petitioner’s reassignment is without legal basis; if it is lawful, period.
then she has no cause to complain provided that it was done in accordance with the Civil 5. Because Benipayo is held to be the lawful COMELEC chairman, the Officer-in-Charge did
Service Law. Because of her personal and material stake in the resolution of the not act in excess of his jurisdiction, in the disbursement of their salaries.
constitutionality of respondent’s assumption of office, she has locus standi to raise it as a Decision Petition is dismissed for lack of merit.
constitutional issue Concurred with by JJs: Davide, Bellosillo, Melo, Kapunan, Mendoza, Panganiban,
> exercise of judicial review must be pleaded at the earliest opportunity Quisumbing, Ynares-Santiago, De Leon, and Sandoval-Gutierrez.
It is not the date of filing of the petition that determines whether the constitutional issue Puno and Vitug, JJs, were on official leave.
was raised at the earliest opportunity. The earliest opportunity to raise a constitutional
issue is to raise it in the pleadings before a competent court that can resolve the same, Consti Provisions cited:
such that, “if it is not raised in the pleadings, it cannot be considered at the trial, and if not Art. IX-A §1 The Consti Commissions… COMELEC… shall be independent
considered at the trial, it cannot be considered on appeal.”
Art. IX-C §1(2) Nature and term of appointment of Comelec chairman and commissioner: (7 Substantive
years w/o reappointment). In no case shall there be appointment in a temporary or acting 3. WON the scope of section 20, Article VII includes bond-conversion and buyback
capacity. 4. WON the power to incur foreign debts is expressly reserved by the Constitution in the
Art. VII §16 power of Pres. to make appointments during recess of Congress… effective only person of the President and may not be delegated
until disapproval by the Commission on Appointments or until the next adjournment of 5. WON there has been grave abuse of discretion and violation of constitutional policies
Congress.
HELD
CONSTANTINO V CUISA 1. The Court’s cognizance of this petition will not only determine the validity or invalidity of the
TINGA; October 13, 2005 subject pre-termination (buyback) and bond-conversion of foreign debts but also create a
precedent for other debts or debt-related contract executed or to be executed in behalf of the
FACTS President by the Secretary of Finance. Seen in this light, the transcendental importance of the
- This Petition for Certiorari, Prohibition and Mandamus assails said contracts which were issues herein cannot be doubted.
entered into pursuant to the Philippine Comprehensive Financing Program for 1992. It seeks - Where constitutional issues are properly raised in the context of alleged facts, procedural
to enjoin respondents from executing additional debt-relief contracts pursuant thereto. questions acquire a relatively minor significance. By the very nature of the power wielded by
- The Financing Program was devised under President Corazon Aquino to manage the the President, the effect of using this power on the economy, and the well-being in general of
country’s external debt problem through a negotiation-oriented debt strategy by means of two the Filipino nation, the Court must set aside the procedural barrier of standing and rule on the
debt-relief options: 1) cash buyback of portions of the Philippine foreign debt at a discount, or justiciable issues presented by the parties.
2) allowed creditors to convert existing Philippine debt instruments into bonds/securities.
- Petitioners challenge the Program as follows: 2. The Court holds that some issues are not ripe for adjudication.
1. That it is beyond the powers granted to the President under Section 20, Article VII of the One such issue raised by petitioners is the allegation that respondents waived the Philippines’
Constitution: right to repudiate void and fraudulently contracted loans is not justiciable.
The President may contract or guarantee foreign loans in behalf of the Republic of the - Records do not show whether the so-called behest loans were subject of the debt-relief
Philippines… contracts.
That buyback and securitization/bond conversion schemes are neither “loans” nor - Moreover, asserting a right to repudiate void or fraudulently contracted loans begs the
“guarantees,” and hence, beyond the power of the President. question of whether indeed particular loans are void or fraudulently contracted. Petitioners’
2. That assuming the above as constitutionally permissible, it is only the President who may theory depends on a prior annulment or declaration of nullity of the pre-existing loans, which
exercise the power to enter into these contract and such power may not be delegated. thus far have not been submitted to this Court.
3. That the Program was made available for debts fraudulently contracted or void. - As a final point, petitioners have no real basis to fret over a possible waiver of the right to
Petitioners rely on 1992 Commission on Audit report identifying several “behest” loans repudiate void contracts. Respondents unequivocally assert that the Republic did not waive
contracted or guaranteed fraudulently during the Marcos regime. That since these were any such right, it having incorporated a “no-waiver” clause in the agreements.
eligible for buyback or conversion, they would be void for being waivers of the Republic’s - Obiter Many advocates that the Republic should renege on obligations that are considered
right to repudiate the void or fraudulently contracted loans. as “illegitimate.” However, such course of action would have adverse repercussions. Among
- For their part, respondents dispute the points raised by petitioners. They also question the the consequences is that the standard cross-default provisions in Philippine foreign loans may
standing of petitioners and the justiciability of the issues presented. come into effect, in which case, default even in one loan would be ground for other creditors to
declare default on other loans.
ISSUES - In any event, the discretion on the matter lies not with the Courts but with the executive.
Procedural
1. WON the petitioners have locus standi.
2. WON the case is ripe for adjudication
3. On Bond-Conversion - Also, the Constitution, as a rule, does not enumerate – let alone enumerate all – the acts
- An investor who purchases a bond is lending money to the issuer, and the bond represents which the President (or any other public officer) may not do, and the fact that the Constitution
the issuer’s contractual promise to pay interest and repay principal according to specific does not explicitly bar the President from exercising a power does not mean that he or she
terms. The language of the Constitution is simple and clear as it is broad. It allows the does not have that power.
President to contract and guarantee foreign loans. It makes no prohibition on the issuance of
certain kinds of loans or distinctions as to which kinds of debt instruments are more onerous 4. The evident exigency of having the Secretary of Finance implement the decision of the
than others. President to execute the debt-relief contracts is made manifest by the fact that the process of
- The only restriction that the Constitution provides aside from the prior concurrence of the establishing and executing strategy for managing the government’s debt is deep within the
Monetary Board, is that the loans must be subject to limitations provided by law. In this realm of the expertise of the Department of Finance. If the President were to personally
regard, it is noted RA 245 as amended by PD 142 entitled An Act Authorizing the Secretary of exercise every aspect of the foreign borrowing power, this would negate the very existence of
Finance to Borrow to Meet Public Expenditures Authorized by Law, and for Other Purposes, cabinet positions and the respective expertise which the holders thereof are accorded, and
allows foreign loans to be contracted in the form of bonds thus: would unduly hamper the President’s effectivity in running the government.
… the Secretary of Finance, with the approval of the President… after consultation with the - Necessity thus gave birth to the doctrine of qualified political agency. Though the President
Monetary board, is authorized to borrow… and to issue therefore evidences of is the Executive of the Government and no other, the heads of the executive department
indebtedness… may be of the following types: Treasury bonds… occupy political positions and hold office in an advisory capacity and should be of the
- Also under the foregoing provision, sovereign bonds may also be provided for the purchase, President’s bosom confidence and alter ego in the matters of that department where the
redemption, or refunding of nay obligation, either direct or guaranteed, of the Philippine President is required by law to exercise authority subject to the direction of the President. And
Government. it is upon the Secretary of Finance as the alter ego of the President to deal with matters
On the Buyback Scheme regarding the sound and efficient management of the financial resources of Government.
- It is true that in the separation of powers, it is Congress that manages the country’s coffers - And although there are powers vested in the President that may not be delegated are only
by virtue of its taxing and spending powers. However, the law-making authority has those that call for the supersedence of executive prerogatives over those exercised by co-
promulgated a law ordaining an automatic appropriations provision for debt servicing. The equal branches of government, e.g. power to suspend the write of habeas corpus and
Court in Guingona v. Carague, held: proclaim martial law (Par. 3 Sec 11, Art VII) and the benign prerogative of mercy (Par. 6 Sec
Debt service is not included in the General Appropriation Act, since authorization therefore 11, Art VII), the power to contract or guarantee foreign debts does not fall within the same
already exists under RA 4860 and 245, as amended, and PD 1967. In the light of this exceptional class.
subsisting authorization, Congress does not concern itself with details for implementation - Another important qualification is that the Secretary of Finance or any designated alter ego of
by the Executive. Upon such approval, Congress has spoken and cannot be said to have the President is bound to secure the latter’s prior consent to or subsequent ratification of his
delegated its wisdom to the Executive. acts. A lack of showing that President Aquino countermanded the acts of respondents leads
- Specific legal authority for the buyback even without further action from Congress is us to conclude that the said acts carried presidential approval.
established under Section 2 of RA 240 thus:
… the Secretary of Finance shall cause to be paid out of any moneys in the National 5. Petitioners cite an article by Jude Esguerra that under the Program a best case scenario
Treasury not otherwise appropriated… any interest falling due, or accruing on any portion of would give a yield significantly lower than estimated by the Program and a worst case
the public debt authorized by law. He shall also cause to be paid out… the principal scenario where what can be gained in the best case is lesser than what can be lost in this
amount of any obligations which have matured… or, if redeemed prior to maturity, such worst case. In addition, petitioners postulate a more simple rescheduling agreement in place
portion of the face value as is prescribed by the terms and conditions under which such of the debt-relief package. Petitioners allege therefore that the Program violates constitutional
obligations were originally issued. state policies to promote a social order that will “ensure the prosperity and independence of
- Buyback is a necessary power which springs from the grant of the foreign borrowing power. the nation” and free “the people from poverty, foster social justice in all phases of national
Every statute is understood, by implication, to contain all such provisions as may be development,” and develop a self-reliant and independent national economy effectively
necessary to effectuate its object and purpose. controlled by Filipinos.”
- The Court held that the policies set by the Constitution as litanized are not a panacea that contrary to the assurance of the State to the workers' right to self-organization and collective
can annul every governmental act sought to be struck down. Insofar as the case at bar, the bargaining.
court can make no conclusion other than that respondents’ efforts were geared towards debt- - Procedure
relief with marked positive results and towards achieving the aforementioned constitutional + Sept. 14, 1981 notice of strike with the Ministry of Labor for unfair labor practices stating the
policies. following grounds: 1) Unilateral and arbitrary implementation of a Code of Conduct; 2) Illegal
terminations and suspensions of officers and members as a result of the implementation of
SEPARATE OPINION said Code of Conduct; and 3) Automatic treatment as of sick leaves as AWOL with
suspensions, in violation of Collective Bargaining Agreement
PANGANIBAN + Sept. 15, 1981, notification to the Ministry of compliance with the 2/3 strike vote and other
formal requirements of the law and Implementing Rules. Conciliation meetings called by the
- Indubitably, former President Aquino’s decision to honor outstanding debts of the Republic Minister followed.
was purely an executive call; hence, beyond judicial scrutiny. For this reason, neither can + Sept. 25, 1981, respondent certified the labor dispute to the National Labor Relations
respondents be faulted for implementing the Program executed pursuant to that constitutional Commission (NLRC) for compulsory arbitration and enjoined any strike at the private
executive policy. respondent's establishment.
- Also, that petitioners question the legality of several foreign loans necessitates a review of + Hearing at NLRC was set on Sept. 28. Petitioner filed petition to SC the next day. Court
the assailed contracts. Because the petitioners failed to substantiate the charges, the issued resolution for respondents to file answer. After parties were duly heard y SC on Oct. 8,
argument cannot be addressed. A determination of the validity of such allegations requires a case was ripe for decision.
review of factual matters. The Supreme Court is not a trier or facts. The proper action for
petitioners is to file their petition in the lower courts, which had concurrent jurisdiction over the ISSUES
subject matter and which are better equipped to conduct a firsthand examination of factual 1. WON BP 130 insofar as it empowers the Minister of Labor to assume jurisdiction over labor
evidence in support of their allegations. This notwithstanding, there is nothing in this decision disputes causing or likely to cause strikes or lockouts adversely affecting the national interest
to preclude the Department of Justice or the Office of the Ombudsman from initiating an and thereafter decide it or certify the same to the NLRC is unconstitutional for being violative
investigation of the alleged fraudulent loans. Suppletorily, probable cause must be shown in of the doctrine of non-delegation of legislative power
order that prosecution may be brought to bear. 2. WON there is unconstitutional application of BP 130
FACTS HELD
- Petition to review the constitutionality of the veto by the President of certain provisions of the - The President did not veto items but provisions of the law in the GAA.
General Appropriations Act (GAA) for the Fiscal Year 1992 - While veto power is generally all or nothing, vetoing the entire bill or none at all, it
- Petitioners are retired justices of the SC and the CA who were receiving monthly pensions does not hold when it comes to appropriation, revenue or tariff bills.
under RA No.910 as amended by RA No. 1797 o The Constitution has a item veto power to avoid inexpedient riders being attached to
- Respondents Drilon et al are sued in their official capacities of the Executive, involved in the an indispensable appropriation or revenue measure; only a particular item or items
implementation of the release of funds under the GAA may be vetoed
- RA910 was enacted in 1953 to provide retirement pensions to Justices of the SC and the CA o Item in a bill refers to the particulars, the details, the distinct and severable parts; it
is a specific appropriation of money, not some general provision of law, which
who have rendered service at least 2o years either in the judiciary or in any branch of govt, or
happens to be put into an appropriation bill
in, both, or having attained the age of 70, or who resign by reason of incapacity to discharge o The President did not veto the general fund adjustment of 500M, to meet certain
the duties of the office; he shall receive until his death the salary which he has received at the obligations WHICH is an ITEM.
time of his retirement o What she vetoed were provisions – methods and systems placed by Congress to
- RA910 was amended by RA1797. Identical retirement benefits were given to Consti insure that obligations would be paid when they fell due
Commissions and the AFP, under RA1568, as amended by RA3595, and PD578, respectively o Thus, augmentation of specific appropriations found inadequate to pay retirement
- Marcos issued successive decrees which automatically readjusted the retirement pensions benefits is a provision and not an item
of military officers and enlisted men. But those in the judiciary and the Consti Commissions o Actually, what she really vetoed were RA1797 and the Resolution of the SC dated
were not included in this automatic readjustment, as Marcos repealed the automatic Nov 1991. WHICH SHE CANNOT VETO.
readjustment provisions (Section 3-a of RA1797 and RA3595) for the judiciary and the Consti - The repealing decrees (PD644) of Marcos re taking away the automatic readjustment for the
Commissions judiciary never became valid law because it was never published, pursuant to the Tanada v
- Realizing this unfairness, Congress in 1990 sought to reenact the repealed provisions by Tuvera doctrine; RA 1797 was never repealed and there was no need for an HB in 1990 to
approving a bill on the matter (HB16297 and SB740) restore it so even the president’s veto of the HB does not even have any effect in the
- Pres. Aquino vetoed the HB on the ground that it would erode the foundation of the policy on continuing implementation of the law
standardization of compensation under the Salary Standardization Law, RA6758 - The Veto by the president trenches upon the constitutional grant of fiscal autonomy to
- On the other hand, retired CA justices Barcelona and Enriquez filed a petition for the Judiciary
readjustment of their pensions in accordance with RA1797 by reasoning out that PD644 o Guaranty of full flexibility to allocate and utilize their resources with the wisdom and
dispatch that their needs require
repealing RA1797 did not take effect as there was no valid publication pursuant to Tanada v
o Power to levy, assess and collect fees, fix rates of compensation not exceeding
Tuvera, supposedly promulgated in 1975 but published only in the OG in 1983; Court highest rates authorized by law
authorized it as a result o Veto is tantamount to dictating to the judiciary how its funds should be utilized
- As a result of the resolution by the Court, Congress included in the GAA appropriations for - The Justices have a right to their pensions pursuant to RA1797
the Judiciary intended for the payment of adjusted pensions rates for the retired justices o The purpose retirement laws like such is to entice competent men and women to
- In Jan 1992, President vetoed portions of Section 1, and the entire Section 4 of the Special enter the government service and retire with relative security
Provision for the SC and the Lower Courts on the ground that the President vetoed the HB on
the matter already, and such appropriation would erode the policy of salary standardization GARCIA V MACARAEG
BARREDO; May 31, 1971
ISSUE
FACTS
- Administrative complaint filed by Paz M. Garcia against Hon. Catalino Macaraig, Jr., Judge of forfeiting all the leave benefits he had earned beyond the maximum ten months allowed by the
the CFI of Laguna Branch VI, now Undersecretary of Justice, in his former capacity as judge, law). The Secretary of Justice, however, prevailed upon him to forego his leave and
for alleged "dishonesty, violation of his oath of office as judge ... gross incompetence, violation instead to assist him, without being extended a formal detail, whenever he was not
of Republic Act 296 or the Judiciary Act of 1948, as amended, (particularly) Sections 5, 55 and busy attending to the needs of his court.
58 thereof. - Complainant Garcia alleged:
- Judge Macaraig took his oath as Judge of the CFI of Laguna and San Pablo City with station > That from July 1, 1970 up to February 28, 1971 inclusive, respondent has not submitted
at Calamba on June 29, 1970. The court, being one of the 112 newly created CFI branches, his monthly reports containing the number of cases filed, disposed of, decided and/or
had to be organized from scratch. After consultations with the officials of the province of resolved, the number of cases pending decisions for one month, two months to over three
Laguna, the municipality of Calamba and the Department of Justice, he decided to accept the months, together with the title, number, number of hours of court session held a day.
offer of the Calamba Municipal Government to supply the space for the courtroom and offices > That he has not submitted his certificate of service (New Judicial Form No. 86, Revised
of the court, to utilize the financial assistance promised by the Laguna provincial government 1966) from July to December, 1970 and from January to February, 1971 inclusive.
for the purchase of the necessary supplies and materials and to rely on the national > That as incumbent Judge of Branch VI, CFI of Laguna and San Pablo and knowing fully
government for the equipment needed by the court (Under Section 190 of the Revised well that he has never performed his official duties or discharged the duties appertaining to
Administrative Code, all these items must be furnished by the provincial government The his office, he has collected and was paid his salaries from July 1970 to February 1971 in
provincial officials of Laguna, however, informed him that the province was not in a position to flagrant violation of Section 5 of the Judiciary Act of 1948.
do so). > That his deliberate failure to submit the monthly reports on the accomplishments of the
- As to the space requirements of the court, the Municipal Mayor of Calamba assured him that Court constitutes a clear violation of Sections 55 and 58 of the Judiciary Act of 1948, as
the court could be accommodated in the west wing of the Calamba municipal building as soon amended.
as the office of the municipal treasurer and his personnel are transferred to another location.
When the projected transfer of the municipal treasurer's office was about to be effected, the ISSUE
treasurer and several municipal councilors objected. The municipal mayor then requested WON respondent is guilty of dishonesty, violation of his oath of office as judge, gross
Macaraig to look over some of the office spaces for rent in Calamba, with the commitment that incompetence and violation of Circular No. 10 dated February 6, 1952 of the Department of
the municipal government will shoulder the payment of the rentals. Respondent's first choice Justice and RA 296 or the Judiciary Act of 1948 particularly Sections 5, 55 and 58
was the second floor of the Republic Bank branch in Calamba, but the negotiations failed
when the owner of the building refused to reduce the rent to P300 a month. The next suitable HELD
space selected by Macaraig was the second floor of the Laguna Development Bank. After a - Sections 5, 55 and 58 of the Judiciary Act and Circular No. 10 of the Department of Justice
month's negotiations, the municipality finally signed a lease agreement with the owner on are not applicable to a Judge not actually discharging his judicial duties. Respondent's inability
October 26, 1970. Another month passed before the municipal government could release the to perform his judicial duties under the circumstances does not constitute incompetence.
amount necessary for the improvements to convert the space that was rented, which was a Respondent was, like every lawyer who gets his first appointment to the bench, eager to
big hall without partitions, into a courtroom and offices for the personnel of the court and for assume his judicial duties and rid himself of the stigma of being 'a judge without a sala,' but
the assistant provincial fiscal. Thereafter, upon Macaraig's representations, the provincial forces and circumstances beyond his control prevented him from discharging his judicial
government appropriated the amount of P5,000 for the purchase of the supplies and materials duties. Respondent's collection of salaries as judge does not constitute dishonesty because
needed by the court. Early in December, 1970 respondent also placed his order for the aside from the time, effort and money he spent in Organizing the CFI at Calamba, he worked
necessary equipment with the Property Officer of the DOJ but, unfortunately, the appropriation in the Department of Justice.
for the equipment of the CFI was released only on December 23, 1970 and the procurement - None of these is to be taken as meaning that this Court looks with favor at the practice of
of the equipment chargeable against this allotment is still under way. long standing of judges being detailed in the DOJ to assist the Secretary even if it were only in
- When Macaraig realized that it would be sometime before he could actually preside over his connection with his work of exercising administrative authority over the courts. The line
court, he applied for an extended leave (during the 16 years he had worked in the DOJ, between what a judge may do and what he may not do in collaborating or working
Macaraig had, due to pressure of duties, never gone on extended leave, resulting in his with other offices or officers under the other great departments of the government
must always be kept clear and jealously observed, lest the principle of separation of when the government as the adverse party in criminal cases, tax suits, and other litigations is
powers on which our government tests by mandate of the people thru the in the right, a favorable decision from the lower courts could be looked upon with suspicion.
Constitution be gradually eroded by practices purportedly motivated by good The judiciary must not only be independent; it must appear to be so.
intentions in the interest of the public service. The fundamental advantages and the - The presence in the statute books of such power of administrative oversight then, is, to my
necessity of the independence of said three departments from each other, limited only by the mind, anomalous. More specifically, were it not for such power granted the department head,
specific constitutional precepts on check and balance between and among them, have long respondent Judge in this case could not have been called upon to assist the Secretary of
been acknowledged as more paramount than the serving of any temporary or passing Justice. Considering that the Constitutional Convention is about to meet, it is to be
governmental conveniences or exigencies. It is thus of grave importance to the Judiciary hoped that it be made clear that the judiciary is to be totally freed from any
under our present constitutional scheme of government that no Judge of even the lowest court supervisory authority of an executive department. (Take note guys that this case was
in this Republic should place himself in a position where his actuations on matters submitted decided just a day before the Manila Hotel inaugural session of the con-con that created the
to him for action or resolution would be subject to review and prior approval and, worst still, 1973 Consti. And remember that the supervision of the CFI and other inferior courts (under
reversal, before they can have legal effect, by any authority other than the Court of Appeals or the DOJ in the 1935 Consti) was transferred to the SC under the new Consti which provision
the Supreme Court, as the case may be. Needless to say, the Court feels very strongly that it was copied in the 1987 Consti. I guess this case was influential in making that change
is best that this practice is discontinued. possible. By the way, Macaraig was a former UP law prof.)
Decision Complaint dismissed. (8 votes to dismiss, Castro & Teehankee took no part.)
BADUA V CORDILLERA BODONG ADMINISTRATION
SEPARATE OPINION GRINO-AQUINO; February 14, 1991
HELD
BLAQUERA V ALCALA
1. There are generally two types of GOCCs:
PURISIMA; September 11, 1998
1. Those incorporated under the general corporation law. Employees of this type
have the right to bargain (collectively), strike, and other such remedies available to
FACTS workers of private corporations. Functions are mainly proprietary.
- G.R. Nos. 109406, 110642, 111494, and 112056 are cases for certiorari and prohibition, 2. Those with special charter (a.k.a. original charter), which are subject to Civil Service
challenging the constitutionality and validity of AO 29 and 268 Laws, have no right to bargain (collectively). Incorporated in pursuance of a State
- Petitioners are officials and employees of several government departments and agencies Policy.
who were paid incentive benefits for the year 1992, pursuant to EO 292 otherwise known as - Only GOCCs incorporated under the general corporation law, and thus performing
the Administrative Code of 1987, and the Omnibus Rules Implementing Book V of EO 292. proprietary functions, are included under the coverage of RA 6791. GOCCs created in
- In 1993, then President Ramos issued AO 29 authorized the grant of productivity incentive
pursuance of a policy of the state and those whose officers and employees are covered by the
benefits for the year 1992 in the maximum amount of P1,000.00 and reiterating the prohibition
under Section 7 of AO 268 (issued by President Aquino) , enjoining said grants without prior Civil Service are expressly excluded.
approval of the President. Section 4 of AO 29 directed “all departments, offices and agencies - The legislative intent to place only GOCCs performing proprietary functions under the
which authorized payment of CY 1992 Productivity Incentive Bonus in excess of the amount coverage of RA 6971 is also gleanable from the other provisions of the law making reference
authorized under Section 1 hereof to immediately cause the return/refund of the excess.” In to remedies available only to laborers akin to the private sector.
compliance therewith, the heads of the departments or agencies of the government - Also, pursuant to EO 292 or the Administrative Code of 1987, which provides for the
concerned, who are the herein Respondents, caused the deduction from petitioners’ salaries
establishment of Department or Agency Employee Suggestions and Incentives Award
or allowances of the amounts needed to cover the alleged overpayments.
- To prevent the Respondents from making further deductions from their salaries or Systems for GOCCs with original charters, it is thus evident that the PTA is already within the
allowances, the Petitioners have come before this Court to seek relief. scope of an incentives award system.
- In G.R. No. 119597, the facts are different but the petition poses a common issue with the 2. In accordance with EO 292, the functions of the Civil Service Commission have been
other consolidated cases. The Petitioner, Association of Dedicated Employees of the “decentralized to the offices and agencies where such functions can be effectively performed;”
Philippine Tourism Authority (“ADEPT”), is an association of employees of the Philippine specifically, the implementation of the Employee Suggestions and Incentive Award System
Tourism Authority (“PTA”) who were granted productivity incentive bonus for calendar year
ahs been decentralized to the President or to the head of each department or agency (as - Petitioners question what they perceive as “the threatened illegal transfer, disbursement, and
his/her alter ego). use of public funds in a manner contrary to the Constitution and the law” relative to the
- The President is the head of government. His/her power includes control over executive conduct of the forthcoming barangay elections. They claim that in the General Appropriations
departments. Control means “the power to alter what a subordinate officer had done in the Act (GAA) of 1994, only P137,878,000.00 were appropriated by the Congress for the holding
performance of his duties and to substitute the judgment of the former for that of the latter.” In of the said elections. The petitioners claim that by early 1994, Congress itself has made the
issuing AO 29 limiting the amount of benefits, enjoining heads of departments from granting assessment that the money is insufficient to defray cost of holding the elections. Petitioners
benefits without prior approval from him/her, and directing the refund of any excess over the allege that in order to augment said amount, respondents have threatened and are about to
prescribed amount, the President was just exercising his power of control over executive transfer/re-allocate certain moneys to be sourced from the executive and legislative branches
departments. Specifically, seeing that the incentives program was producing demoralization of government to COMELEC, which in turn will use it to fund the elections: [a] P180M from the
instead of the original goal of encouragement, owing to the fact that employees not receiving appropriation of the DILG, [b] P160M from the Countryside Development Fund; P70M from
the incentives felt slighted and underappreciated, the President merely exercised his power of the Senate; P30M from the HReps; and [c] P43M from the Internal Revenue Allotments (IRA)
control by modifying the acts of the respondents who granted incentive benefits without of Provinces, Cities and Municipalities ( Note: This is the scheme that is being assailed in the
appropriate clearance from the Office of the President. issue of this case)
- Neither can it be said that the President encroached upon the authority of the Civil Service - 21 April 1994: Court resolved to require respondents to submit comment on the petition
Commission to grant benefits to government employees. AO 29 and 268 did not revoke, but within the non-existentiable period of 5 days
rather only regulated, the grant and amount of incentives. - 26 April 1994: Respondents through the Solicitor General filed their comment. They claim
3. Not all contracts entered into by the government will operate as a waiver of its non-suability; that petitioners acted solely on the basis of reports made in the newspaper (“Barangay Poll
distinction must be made between its sovereign and proprietary acts. The acts involved in this Funds Found” article from the Manila Bulletin) and did not bother to confirm the veracity of
case are governmental. Besides, incentive pay is in the nature of a bonus, which is not a article. They also claim that said reports were mere unofficial proposals/suggestions made in
demandable or enforceable obligation. the process of searching for funds. COMELEC further alleges that that it intends to fund the
4. Absent a showing of bad faith, public officers are not personally liable for damages resulting barangay elections from the money allotted by Congress for the purpose and from its own
form the performance of official duties. savings resulting from unused funds. The Solicitor General supports the stand of the
Decision In upholding the Constitutionality of AO 268 and 29, the Court reiterates the respondents, as it is according to Sec. 25 (5), Article VI of the Constitution and Sectoons 17
doctrine that in interpreting statutes, that which will avoid a finding of unconstitutionality is to
(Use of Savings) and 19 (Meaning of Savings and Appropriations) of the GAA for Fiscal Year
be preferred.
Considering, however, that all the parties here acted in good faith, the Court cannot 1994.
countenance the refund of the incentives which amount the petitioners have already received, - Respondents also maintain that funds from LGUs may also be used to help defray the cost
as a corollary, further deductions from salaries are thus enjoined. of the forthcoming barangay elections. They cite Opinion No. 51 of the Secretary of Justice,
dated 19 April 1994, which says that under Sec. 50 of the Omnibus Election Code, LGUs are
COMMISSION ON ELECTIONS required to appropriate funds for barangay elections
62 64
BRYAN_SJ: NLRC does not have jurisdiction over those covered by the CSC. It had jurisdiction on labor issues of private corporations or BRYAN_SJ: What the Court seems to mean is that although PNB has an original charter, and hence covered by civil service law, NASECO
broadly speaking, private businesses. (as PNB’s sub-subsidiary) was organized under the Corporation Code. Hence, NASECO is under NLRC’s jurisdiction.
law, and ordering their reinstatement and the payment of their salaries from January 1, 1962 Government may not be faced with the predicament of having to pay two salaries, one for the
up to the date of their actual reinstatement. person actually holding the office although illegally, and another for one not actually rendering
- Sometime in May, 1962, when the civil action filed by Raul Ingles, et al was still pending in service although entitled to do so. The fact that the petitioner sought to pursue administrative
the CFI of Manila, the dismissed employees who filed said action were recalled to their remedies to secure his reinstatement does not excuse the failure to file the action within the
positions in the OP, without prejudice to the continuation of their civil action. With respect to one year period.
the other employees who were not reinstated – Cristobal included, efforts were exerted by
Sec. Mutuc to look for placements outside of Malacañan so that they may be reemployed. ISSUE
Cristobal waited for Sec. Mutuc to make good his assurance that he would be recalled to the WON Cristobal has abandoned his right to seek judicial relief for not having filed his complaint
service, until the latter was replaced by other executive secretaries who likewise assured the within the one-year period provided for in Section 16, Rule 66 of the Rules of Court
plaintiff of assistance to be reemployed at the opportune time.
- After the decision of the SC promulgated on November 29, 1968, the plaintiff addressed a HELD
letter to the OP dated January 19, 1969, requesting reinstatement to his former position and NO. The Court agrees that in actions of quo warranto involving right to an office, the action
the payment of salary from January 1, 1962 up to the time of actual reinstatement, supposedly must be instituted within the period of one year from the time the cause of action arose;
in accordance with said decision. This request was denied repeatedly by the OP in successive Persons claiming a right to an office of which they are illegally dispossessed should
letters addressed to the plaintiff dated September 1, 1969, January 19, 1970, April 23, 1970, immediately take steps to recover said office and that if they do not do so within a period of
May 23, 1970, and May 19, 1971, the last of which declared the matter 'definitely closed', one year, they shall be considered as having lost their right thereto by abandonment.
- Consequently, Cristobal filed on August 10, 1971, with the CFI of Manila a complaint against However, this doctrine of laches (laches is failure or neglect, for an unreasonable and
then Exec. Sec. Alejandro Melchor and Federico Arcala, Cash Disbursing Officer of the OP, unexplained length of time, to do that which, by exercising due diligence, could or should have
and praying for the following: 1. Declaring his dismissal as illegal and contrary to law; 2. been done earlier; it is negligence or omission to assert a right within a reasonable time,
Ordering Sec. Melchor to certify his name in the payroll of the OP, to be retroactive as of warranting a presumption that the party entitled to assert it either has abandoned it or
January 1, 1962, the effective date that he was illegally dismissed from the service; 3. declined to assert it) which is invoked to defeat Cristobal's suit, is not applicable in this case.
Ordering Arcala to pay all the emoluments and/or salary to which the plaintiff is entitled There are certain exceptional circumstances attending which take this case out of the rule.
effective as of January 1, 1962; and 4. Ordering them to allow him to continue with the Reasoning
performance of his duties in the Secretary Office Staff, Office of the President of the 1. There was no acquiescence to or inaction on the part of Jose Cristobal amounting to
Philippines. abandonment of his right to reinstatement in office.
- The defendants, represented by the Solicitor General alleged that Cristobal had no cause of > Upon receipt of the letter or January 1, 1962 advising him of his separation from the service,
action as he is deemed to have abandoned his office for failure to institute the proper Cristobal, with the other dismissed employees, sought reconsideration in a letter dated
proceedings to assert his right within one year from the date of separation pursuant to Sec. January 3, 1962, calling inter alia the attention of then Sec. Mutuc that he was a civil eligible
16, Rule 66 of the Rules of Court, he having come to court only after the lapse of more than employee with eight years of service in the government and consequently entitled to security
nine years, thereby in effect acquiescing to his separation, and therefore he is not entitled to of tenure under the Constitution. This was followed by another letter of January 26, 1962.
any salary from termination of his employment. Reconsideration having been denied, a complaint was filed on March 24, 1962, with the CFI of
- On May 18, 1972, the trial court rendered its decision dismissing the complaint reasoning Manila entitled Ingles vs. Mutuc, which prayed for reinstatement and payment of salaries as of
that: Section 16 of Rule 66 of the Rules of Court expressly provides that an action against a January 1, 1962, wherein the SC held that the removal of the plaintiff-employees was illegal
public office or employee may not be filed for the plaintiff’s ouster from office unless the same and contrary to law and that they were entitled to be reinstated with payment of their salaries
is commenced within one year after the cause of the ouster, or the right of the plaintiff to hold from January 1, 1962 up to the date of their actual reinstatement.
much office or position arose. This period of one year is a condition precedent for the > Cristobal was not one of the plaintiffs in the civil case, it is true, but his non-participation is
existence of the cause of action for quo warranto. The rationale of this doctrine is that the not fatal to his cause of action. During the pendency of the civil case, Cristobal continued to
Government must be immediately informed or advised if any person claims to be entitled to an press his request for reinstatement together with the other employees who had filed the
office or position in the civil service, as against another actually holding- it, so that the complaint and was in fact promised reinstatement as will be shown more in detail later. More
importantly, Cristobal could be expected - without necessarily spending time and money by 1935 Constitution); that while the incumbent of a primarily confidential position holds
going to court - to relic upon the outcome of the case filed by his co-employees to protect his office at the pleasure only of the appointing power and such pleasure turns into
interests considering the similarity of his situation to that of the plaintiffs therein and the displeasure, the incumbent is not "removed" or "dismissed" but that his term merely
identifical relief being sought. "expires"; that there was no evidence to indicate that the respective positions of the
2. It was an act of the government through its responsible officials more particularly then Sec. dismissed employees were "primarily confidential" in nature and on the contrary the
Mutuc and his successors which contributed to the alleged delay in the filing of Cristobal's compensation attached and the designation given thereto suggest the purely or at least mainly
present complaint for reinstatement. clerical nature of their work; and consequently, considering that the dismissed employees
> After the Ingles suit was filed in court, the dismissed employees, Cristobal included, were admittedly civil service eligibles with several years of service in the Government, their
continued to seek reconsideration of their dismissal. It was then that Sec. Mutuc assured the removal from office was "illegal and contrary to law".
employees that without prejudice to the continuation of the civil action, he would work for their > No evidence was adduced by the government to show that Cristobal's position was
reinstatement. Accordingly, some of the dismissed employees were recalled to their respective "primarily confidential". On the contrary as stated by this Court in Ingles vs. Mutuc, the
positions in the OP among whom were the plaintiffs in the civil case and several others who compensation attached to his item and the designation of the position indicate the purely
were not parties therein. Sec. Mutuc even tried to place the others outside of the Malacañan clerical nature of his functions. In fact, none of the letters sent to him from the OP ever
Office. In the meantime, however, Sec. Mutuc was replaced by other Exec. Secretaries to indicated that he was holding his position at the pleasure of the appointing power or that his
whom Cristobal over and over again presented his request for reinstatement and who gave services were terminated because his term of office had "expired". The only reason given -
the same assurance that Cristobal would be recalled and re-employed at "the opportune and this appears in the letter of September 1, 1969 from the OP - was that he failed to institute
time". the proper proceeding to assert his right, if any, to the position within the period of one year
> It was this continued promise of the government officials concerned which led Cristobal to from the date of termination and under settled jurisprudence he is deemed to have abandoned
bide his time and wait for the Office of the President to comply with its commitment. his right to said office or acquiesced in his removal.
Furthermore, he had behind him the decision of the Supreme Court in Ingles vs. Mutuc which > In granting relief to the Cristobal on the matter of back salaries, however, there is no proof to
he believed should be applied in his favor. But when Cristobal, in answer to his various letters, show that from January 1, 1962 up to the promulgation of this decision, Cristobal at no time
received the letter of May 19, 1971 from the Office of the President denying his reinstatement worked or was employed at some other office. The court cannot ignore the probability of
and declaring the matter "definitely closed" because of his failure to file an action in court Cristobal's having sought employment elsewhere during that period to support himself and his
within one year from his separation, it was only then that he saw the necessity of seeking family. Considering the lapse of almost nine years before he filed this suit, the resolved to
redress from the courts. grant back salaries at the rate last received by him only for a period of five (5) years without
> Surely, it would now be the height of inequity and injustice, if after Cristobal relied and qualification and deduction.
reposed his faith and trust on the word and promises of the former Executive Secretaries who > The Public Officials concerned are directed to reinstate Jose Cristobal, either in the OP or in
dealt with him and who preceded the herein respondent Sec. Melchor, that the court hold that some other government office, to any position for which he is qualified by reason of his civil
he lost his right to seek relief because of lapse of time. service eligibility, subject to present requirements of age and physical fitness; and to pay him
3. The dismissal of appellant Cristobal was contrary to law on the strength of the Supreme back salaries for a period of 5 years at the rate of P4,188.00 per annum without qualification
Court's decision in Ingles vs. Mutuc. and deduction.
> In Ingles, the defendants maintained that the principal issue in the case was whether or not Decision Decision set aside.
the employees were occupying positions primarily confidential in nature and therefore subject
to removal at the pleasure of the appointing power, and that this issue was to be resolved in ACOLOLA V TANTUICO
the affirmative. The Court held: that one holding in the government a primarily SANTOS; June 27, 1978
confidential position is "in the Civil Service" and that "officers or employees in the
unclassified" as well as "those in the classified service" are protected by the FACTS
provision in the organic law that "no officer or employee in the Civil Service shall be - Nature ORIGINAL PETITION for certiorari, mandamus with preliminary injunction.
removed or suspended except for cause as provided by law" (Section 4, Article XII,
- Petitioner Arturo A. Acolola was assigned as Provincial Auditor of Capiz on April 16, 1972. - On March 18, 1978, the Solicitor General for and in behalf of respondent Tantuico, Chairman
Sometime before December 12, 1972, an administrative complaint was filed against him of COA, filed the required comment and prayed that the petition be dismissed for lack of merit.
charging him with various irregularities in connection with the discharge of his duties . Petitioner filed his rejoinder (should be reply) to the said comment on April 20, 1978.
The complaint was subsequently dismissed.
- On December 27, 1974 he was again administratively charged with offenses ranging from ISSUE
"misconduct, neglect of duty to incompetence in the performance of official duties ," WON the respondent Chairman of the Commission on Audit, could summarily dismiss
which charges were likewise dismissed. petitioner pursuant to Presidential Decree No. 807.
- On December 3, 1976, while petitioner was assigned as Acting Highway Engineering
District Auditor of Romblon, private respondent Horacio A. Martinez, a contractor of HELD
Public Works Project in the province of Romblon, filed another complaint against petitioner Ratio Yes, the respondent Chairman of COA could summarily dismiss petitioner Pursuant to
charging him, this time, with PD 807.
(1) Delaying action on payment of vouchers. Section 40 of Presidential Decree No. 807 specifically provides:
(2) Delaying action on request for inspection of accomplished work: "SEC. 40. Summary Proceedings.-No formal investigation is necessary and the respondent
(3) Refusal to assign an auditor's representative to check deliveries of materials at job sites may be immediately removed or dismissed if any of the following circumstances is present:
at the time of deliveries; (a) When the charge is serious and the evidence of guilt is strong.
(4) Piecemeal suspension of vouchers: (b) When the respondent is a recidivist or has been repeatedly charged and there is
(5) Demanding free transportation and meals when on inspection of materials delivered or reasonable ground to believe that he is guilty of the present charge.
work accomplished, and (c) When the respondent is notoriously undesirable.
(6) Demanding P24,000 cost of plane fare for his twin daughter's trip to the United States. - Resort to summary proceedings by disciplining authority shall be done with utmost objectivity
- Upon the recommendation of the Civil Security Office of the Commission on Audit, an and impartiality to the end that no injustice is committed: Provided, That removal or dismissal
entrapment scheme was devised and executed on December 15, 1976. Petitioner was except those by the President, himself, or upon his order, may be appealed to the
apprehended by the PC Provincial Command in the act of receiving from complainant Horacio Commission."
A. Martinez, the amount of P2,000.00 in marked P20 bills as bribe money, while he was about - Petitioner was caught red-handed by agents of the Philippine Constabulary in the
to enter his room at the Seaside Hotel. entrapment operations, and the evidence against him was over whelming which warranted his
- On January 12, 1977, a formal administrative charge was preferred against him. At the summary dismissal from the service under PD 807. The seriousness of the offense charged,
same time the preventive suspension of petitioner was ordered by the respondent pursuant the circumstances surrounding its commission and the evidence of guilt, being overwhelming
to Section 41, Presidential Decree No. 807. Respondent, now petitioner, answered the and indubitably strong, the interest of the public service demanded the drastic remedy of
charge. summary dismissal, which respondent Chairman of the Commission -on Audit judiciously took
- On May 12, 1977, petitioner was summarily dismissed from the service , pursuant to against petitioner.
Presidential Decree No. 807 , dated October 6, 1975. Petitioner's motion for reconsideration Decision Petition DISMISSEd for lack of merit. TRO LIFTED and SET ASIDE.
praying for a formal investigation denied, appeals to Court, seeking: (1) the review and Voting 4 concur: Fernando (Chairman), Barredo, Antonio, and Aquino
reversal of the order of May 27, 1977 of the Acting Chairman Cormnission on Audit, (Hon. 1 on official leave: Concepcion Jr.
Francisco S. Tantuico Jr.) summarily dismissing him from the service, on the grounds that
respondent acted without or in excess of his jurisdiction and with grave abuse of discretion SANDIGANBAYAN
and the said order is violative of his constitutional rights; and (2) his reinstatement to his
former position. Petition was given due course, respondents required to file their comments, NUNEZ V SANDIGANBAYAN
TRO issued. FERNANDO; January 30, 1982
FACTS
- Petitioner Rufino Nuñez was accused before the Sandiganbayan of estafa through - Petitioner’s contention that the challenged Presidential Decree is contrary to the ex post
falsification of public and commercial documents committed in connivance with his other co- facto law is premised on the allegation that “petitioner’s right of appeal is being diluted or
accused, all public officials eroded efficacy wise.
- Informations were filed on February 21 and March 26, 1979 - Justice Makasiar, in the Kay Villegas Kami decision, defined an ex post facto law as one
- On May 15, petitioner filed a motion to quash on constitutional and jurisdictional grounds which:
- Respondent court denied the motion, as well as the MFR > makes criminal an act done before the passage of the law and which was innocent when
- Petitioner filed a petition for certiorari and prohibition with the SC, assailing the validity of PD done, and punishes such an act
1486, as amended by PD 1606, creating the Sandiganbayan > aggravates a crime, or makes it greater than it was when committed
> changes the punishment and inflicts a greater punishment than the law annexed to the
ISSUE crime when committed
WON Presidential Decree No. 1486, as amended, is violative of the due process, equal > alters the legal rules on evidence, and authorizes conviction upon less or different
protection, and ex post facto clauses of the Constitution testimony than the law required at the time of the commission of the offense
> assuming to regulate civil rights and remedies only, in effect imposes penalty or
HELD deprivation of a right for something which when done was lawful
Petition dismissed. Petitioner has been unable to make a case calling for the declaration of > deprives a person accused of a crime of some lawful protection to which he has become
unconstitutionality of Presidential Decree No. 1486, as amended by Presidential Decree No. entitled, such as the protection of a former conviction or acquittal, or a proclamation of
1606. amnesty
Ratio - the “lawful protection” to which an accused “has become entitled” is qualified, not given a
On the equal protection clause of the Constitution… broad scope
- Petitioner’s premise is that the Sandiganbayan proceedings violates petitioner’s right to - the mode of procedure provided for in the statutory right to appeal can hardly be argued to
equal protection because: be embraced therein
> Appeal, as a matter of right, became minimized into a matter of discretion - the test to whether the ex post facto law is disregarded, in the language of Justice Harlan in
> Appeal was limited to questions of law, excluding a review of facts and trial evidence Thompson v. Utah, is “taking from an accused any right that was regarded, at the time of the
> There is only one chance to appeal conviction, by certiorari to the SC, instead of the adoption of the constitution as vital for the protection of life and liberty, and which he
traditional two chances enjoyed at the time of the commission of the offense charged against him”
while all other estafa indictees are entitled to appeal as a matter of right covering questions - the omission of the CA as an intermediate tribunal does not deprive the petitioner of a right
of law and of facts, and to two appellate courts (CA and SC) vital to the protection of his liberty
- Classification satisfies the test announced by this court in People v. Vera - his innocence or guilt is passed upon by a three-judge court, where a unanimous vote is
> Must be based on substantial distinction required
> Must be germane to the purposes of the law - if convicted, the SC has the duty to see whether any error of law was committed
> Must not be limited to existing conditions only and must apply equally to each member of - the SC in determining whether to give due course to the petition for review must be
the class convinced that the constitutional presumption of innocence has been overcome
- The Constitution specifically makes mention of the creation of a special court, in response to - SC carefully scrutinizes whether the quantum of evidence required for a finding of guilt has
problem, namely, the dishonesty in the public service. been satisfied
- Petitioners, should therefore have anticipated that a different procedure that would be - It is farfetched and highly unrealistic to conclude that the omission of the CA as a reviewing
prescribed for that tribunal would not be violative of the equal protection clause authority results in the loss of “vital protection of liberty.”
- The general guarantees of the Bill of Rights must give way to specific provisions of the
Constitution, for the promotion of the general welfare, which is the end of the law On the due process clause of the Constitution…
On the ex post facto provision of the Constitution… - Petitioner alleges lack of fairness
- In Arnault v. Pecson, the court declared that what is required for compliance with the due EXCEPT those conferred on the Office of the Ombudsman created under the sam
process mandate in criminal proceedings is “a fair and impartial trial and reasonable Constitution (1987).
opportunity for the preparation of defense - The 1987 Constitution provides that the Ombudsman as distinguished from the
- In criminal proceedings then, due process is satisfied if the accused is “informed as to why incumbent Tanodbayan has the duty to investigate on its own, or on complaint by any
he is proceeded against and what charge he has to meet, with his conviction being made to person, any act or omission of any public official, employee, office or agency, when such act
rest on evidence that is not tainted with falsity after full opportunity for him to rebut it and the or omission appears to be illegal, unjust, improper, or inefficient.
sentence being imposed in accordance with a valid law.” - The Special Prosecutor (Raul Gonzales) is thus a subordinate of the
- If an accused has been heard in a court of competent jurisdiction, and proceeded against Tanodbayan(Ombudsman) and can investigate and prosecute cases only upon the latter’s
under the orderly process of law, and only punished after inquiry and investigation, upon authority or orders.
notice to him, with an opportunity to be heard, and a judgment awarded within the authority of Obiter Raul Gonzales does not remain as Ombudsman in as much as he has not been
a constitutional law, then he has had due process of law. replaced because he has never been the Ombudsman. The Office of the Ombudsman is a
new creation under Article XI of the 1987 constitution different from the Office of the
Tanodbayan created under PD 1607.
ZALDIVAR V SANDIGANBAYAN
PER CURIAM; May 19, 1988 COMMISSION ON HUMAN RIGHTS
VITUG [separate] - History, culture, heritage, and tradition are not legislated and is the product of events,
customs, usages and practices. It is actually a product of growth and acceptance by the
- The provision in our fundamental law which provides that "(i)n the grant of rights, privileges, collective mores of a race. It is the spirit and soul of a people. The Manila Hotel is part of our
and concessions covering the national economy and patrimony, the State shall give history, culture and heritage. The Manila Hotel is witness to historic events which shaped our
preference to qualified Filipinos" is self-executory. The provision does not need, although it history for almost 84 years. The history of the Manila Hotel should not be placed in the auction
can obviously be amplified or regulated by, an enabling law or a set of rules. block of a purely business transaction, where profit subverts the cherished historical values of
- The term "patrimony" does not merely refer to the country's natural resources but also to its our people.
cultural heritage. A "historical landmark”, Manila Hotel has now indeed become part of
Philippine heritage. PUNO [dissent]
- The act of the GSIS, a government entity which derives its authority from the State, in selling
51% of its share in MHC should be considered an act of the State subject to the Constitutional - The vital issues can be summed up as follows:
mandate. 1. Whether Sec. 10, Par. 2 of Art. XII of the Constitution is a self-executing provision
- On the pivotal issue of the degree of "preference to qualified Filipinos," the only meaningful and does not need implementing legislation to carry it into effect;
preference would really be to allow the qualified Filipino to match the foreign bid. The 2. Assuming Sec. 10, Par. 2 of Art. XII is self executing, whether the controlling shares
of the Manila Hotel Corporation form part of our patrimony as a nation;
magnitude of the bids is such that it becomes hardly possible for the competing bids to stand
3. Whether GSIS is included in the term "State," hence, mandated to implement Sec.
exactly "equal" which alone, under the dissenting view, could trigger the right of preference. 10, Par. 2 of Art. XII of the Constitution;
4. Assuming GSIS is part of the State, whether it failed to give preference to petitioner,
MENDOZA [separate opinion in the judgment] a qualified Filipino corporation, over and above Renong Berhad, a foreign
corporation, in the sale of the controlling shares of the Manila Hotel Corporation;
- The only way to enforce the constitutional mandate that "[i]n the grant of rights, privileges 5. Whether petitioner is estopped from questioning the sale of the shares to Renong
and concessions covering the national patrimony the State shall give preference to qualified Berhad, a foreign corporation.
- 1st issue: courts as a rule consider the provisions of the Constitution as self executing, rather
Filipinos" is to allow petitioner Philippine corporation to equal the bid of the Malaysian firm
than as requiring future legislation for their enforcement. If they are not treated as self-
Renong Berhad for the purchase of the controlling shares of stocks in the Manila Hotel
executing, the mandate of the fundamental law ratified by the sovereign people can be easily
Corporation.
ignored and nullified by Congress. Case law also lays down the rule that a constitutional
- We are dealing here not with common trades or common means of livelihood which are open
provision is not self-executing where it merely announces a policy and its language empowers
to aliens in our midst, but with the sale of government property, which is like the grant of
the Legislature to prescribe the means by which the policy shall be carried into effect. The first
government largess or benefits. Therefore no one should begrudge us if we give preferential
paragraph of Section 10 is not self-executing. By its express text, there is a categorical
treatment to our citizens.
command for Congress to enact laws restricting foreign ownership in certain areas of
- Nor is there any basis for the suggestion that to allow a Filipino bidder to match the highest
investments in the country and to encourage the formation and operation of wholly-owned
bid of an alien could encourage speculation, since all the Filipino entity would then do would
Filipino enterprises. The second and third paragraphs of Section 10 are different. They are
be not to make a bid or make only a token one and, after it is known that a foreign bidder has
directed to the State and not to Congress alone which is but one of the three great branches of
submitted the highest bid, make an offer matching that of the foreign firm. This is not possible
our government. Their coverage is also broader for they cover "the national economy and
under the rules on public bidding of the GSIS. Under these rules there is a minimum bid
patrimony" and "foreign investments within [the] national jurisdiction" and not merely "certain
required. If the Filipino entity, after passing the prequalification process, does not submit a bid,
areas of investments." Their language does not suggest that any of the State agency or
instrumentality has the privilege to hedge or to refuse its implementation for any reason PANGANIBAN [dissent]
whatsoever. Their duty to implement is unconditional and it is now.
- The second issue is whether the sale of a majority of the stocks of the Manila Hotel - The majority contends the Constitution should be interpreted to mean that, after a bidding
Corporation involves the disposition of part of our national patrimony. The records of the process is concluded, the losing Filipino bidder should be given the right to equal the highest
Constitutional Commission show that the Commissioners entertained the same view as to its foreign bid, and thus to win. No statute empowers a losing Filipino bidder to increase his bid
meaning. According to Commissioner Nolledo, "patrimony" refers not only to our rich natural and equal that of the winning foreigner. In the absence of such empowering law, the majority's
resources but also to the cultural heritage of our race. The unique value of the Manila Hotel to strained interpretation, I respectfully submit, constitutes unadulterated judicial legislation,
our history and culture cannot be viewed with a myopic eye. The value of the hotel goes which makes bidding a ridiculous sham where no Filipino can lose and where no foreigner can
beyond pesos and centavos. The Hotel may not, as yet, have been declared a national win.
cultural treasure pursuant to Republic Act No. 4846 but that does not exclude it from our - Aside from being prohibited by the Constitution, such judicial legislation is short-sighted and,
national patrimony. viewed properly, gravely prejudicial to long-term Filipino interests. It encourages other
- The third issue is whether the constitutional command to the State includes the respondent countries - in the guise of reverse comity or worse, unabashed retaliation - to discriminate
GSIS. The GSIS is not a pure private corporation. It is essentially a public corporation created against us in their own jurisdictions by authorizing their own nationals to similarly equal and
by Congress and granted an original charter to serve a public purpose. As a state-owned and defeat the higher bids of Filipino enterprises solely, while on the other hand, allowing similar
controlled corporation, it is skin-bound to adhere to the policies spelled out in the Constitution bids of other foreigners to remain unchallenged by their nationals.
especially those designed to promote the general welfare of the people. One of these policies - In the absence of a law specifying the degree or extent of the "Filipino First" policy of the
is the Filipino First policy which the people elevated as a constitutional command. Constitution, the constitutional preference for the "qualified Filipinos" may be allowed only
- To date, Congress has not enacted a law defining the degree of the preferential right. where all the bids are equal. The Constitution mandates a victory for the qualified Filipino only
Consequently, we must turn to the rules and regulations of respondents Committee on when the scores are tied. But not when the ballgame is over and the foreigner clearly posted
Privatization and GSIS to determine the degree of preference that petitioner is entitled to as a the highest score.
qualified Filipino in the subject sale. A look at the rules and regulations will show that they are
silent on the degree of preferential right to be accorded a qualified Filipino bidder. However, MINERAL ASSOCIATION OF THE PHILIPPINES V SECRETARY
they cannot be read to mean that they do not grant any degree of preference to petitioner for ROMERO; January 16, 1995
Par. 2, Sec. 10, Art. XII of the Constitution is deemed part of said rules and regulations. I
submit that the right of preference of petitioner arises only if it tied the bid of Renong Berhad. FACTS
In that instance, all things stand equal, and petitioner, as a qualified Filipino bidder should be - Controversy is due to the change introduced by Art XII, Section 2 of the 1987 Constitution on
preferred. Under the rules, the right to match the highest bid arises only "if for any reason, the the system of exploration, development and utilization of the country’s natural resources.
highest bidder cannot be awarded the block of shares" No reason has arisen that will prevent Utilization of inalienable lands of public domain through license, concession or lease is no
the award to Renong Berhad. It qualified as a bidder. It complied with the procedure of longer allowed in the present Consti.
bidding. It was declared as the highest bidder by the GSIS and the rules say this decision is - With the state in full control and supervision, the only options for mineral exploration
final. It deserves the award as a matter of right for the rules clearly did not give to the development and utilization is only through direct undertaking or by entering into co-
petitioner as a qualified Filipino the privilege to match the higher bid of a foreigner. What the production, joint venture, or production-sharing agreements, or by entering into agreement
rules did not grant, petitioner cannot demand. with foreign-owned corporations for large-scale exploration, development and utilization.
- Petitioner is estopped from assailing the winning bid of Renong Berhad. It knew that the rules - The President may enter into agreements with foreign-owned corporations involving either
and regulations do not provide that qualified Filipino bidder can match the winning bid after technical or financial assistance for large-scale exploration, development and utilization of
submitting an inferior bid. It knew that the bid was open to foreigners and that foreigners minerals, petroleum and other mineral oils…
qualified even during the first bidding. Petitioner cannot be allowed to obey the rules when it - In view of these provisions, the President issued Executive Order No. 211 and No. 279. The
wins and disregard them when it loses. former prescribes interim procedures in the processing and approval of applications for the
exploration, development and utilization of minerals pursuant to the 1987 Consti. The latter
authorizes the DENR secretary to negotiate and conclude joint venture, co-production or o The power of administrative officials to promulgate rules and regulations in
production-sharing agreements, and prescribed guidelines for these agreements and those the implementation of a statute is necessarily limited only to carrying into effect what is
with foreign-owned corporations provided in the legislative enactment
- To implement the legislative acts, the DENR Secretary promulgated AO Nos 57 and 82. The o By such regulations, the law cannot be extended. So long as the relate
solely to carrying into effect the provision of law, they are valid
former converts all existing mining leases or agreements prior to the 1987 Consti into
o The rule-making power must be confined to details for regulating the
production-sharing agreements except small-scale mining leases and those pertaining to
mode or proceeding to carry into effect the law as it has been enacted
sand, gravel and quarry resources cover an area of 20 hectares or less. The latter laid down o In case of discrepancy between the basic law and a rule issued to
the Procedural Guidelines on the Award of Mineral Production Sharing Agreement Through implement said law, the basic law prevails as rule or regulation cannot go beyond the
Negotiation (MPSA). terms and provisions of the basic law
- It is for these AOs that the MAP, Inc. filed the petition o Sec 6 of EO269 specifically authorized the said official to promulgate such
- They contend that: supplementary rules and regulations as may be necessary to effectively implement the
o The issuance of the AOs was in excess of his rule-making power under EO279 provisions of the law. More so, the subject sought to be governed and regulated is
o The AOs violate the non-impairment of contract provision under Art 3, Sec 10 of the germane to the objects and purposes of EO279, specifically issued to carry out the
1987 Consti as mandate of the 1987 Consti
AO57 unduly pre-terminates existing mining leases and other mining agreements - PD 463 is not the governing law anymore as it pertained to the old system of exploration,
and converts it into production-sharing agreements within a year of its effectivity development and utilization of natural resources through license, concession or lease which
and has been disallowed by Article XII, Section 2 the 1987 Consti., except those provision in
AO82 declares that failure to submit Letter of Intent and MPSA within 2 years of PD463 that are not inconsistent with the provisions of EO279
effecitivity of guidelines shall cause the abandonment of their mining, quarry and o To continue the licenses, concessions or lease would be inconsistent witht raison
gravel permits d’etre of EO279 and contravening the express mandate of the Article XII, Section 2
o AOs have the effect of repealing or abrogating existing mining laws which are not the 1987 Consti.
inconsistent with the provisions of EO279 as the Eos merely reiterated the acceptance o The Consti only orders that the State have full control and supervision of the mineral
and registration of declarations of location and all other kinds of mining applications by resources and the only mode for its exploration, utilization and development is through
the Bureau of Mines and Geo-Sciences under PD 463, as amended, until Congress a direct act, or may enter into co-production, joint venture, production sharing
opts to modify the same agreements or into agreement with foreign-owned corporations involving technical or
- A TRO was given enjoining the implementation of the AOs. The Continental Marble Corp. financial assistance for large-scale exploration, development and utilization of
also intervened as its DENR refused to renew its mining permit minerals, petroleum, and other mineral oils according to the general terms and
conditions provided by law, based on real contributions to the economic growth and
ISSUES general welfare of the country.
1. WON DENR Sec committed grave abuse of discretion in promulgating AOs 57 and 82 - The AOs do not unduly preterminate existing mining leases in general as it does not apply
2. WON PD 463 continues to subsist insofar as it allows licenses, concessions and leases for retroactively to license, concession of lease granted by government under the 1973 Consti or
the exploration, utilization and development of mineral resources before the effectivity of the 1987 Consti but to those granted after the effectivity of the 1987
3. WON AO 57 and 82 impairs vested frights as to violate the non-impairment of contract Consti and shall be subject to modifications and alterations which Congress may adopt
doctrine as guaranteed by Art 3, Section 10 of the Consti o As such, by issuing EO279, the President validly modified or altered the privileges
4. WON AO 57 and 82 authorizes automatic conversion of mining leases and agreements granted as well as the terms and conditions of mining leases under EO211
o Moreover, even if there were contracts, leases or agreements granted by the State
granted after the effectivity of the 1987 Consti into production sharing agreements
such as those granted by EO211, these are still subject to alterations through a
reasonable exercise of the police power of the State and even the court recognizes the
HELD superiority of police power over the sanctity of the contract especially when such
- There is no clear showing that the DENR Sec has transcended the bounds demarcated by power is exercised to preserve the security of the state and the means adopted are
EO279 for the exercise of his rule-making power tantamount to grave abuse of discretion reasonably adapted to the accomplishment of that end and are, therefore, not arbitrary
or oppressive.
o The State may not be precluded by the constitutional restriction on non-impairment of
contract from altering, modifying and amending the mining leases or agreements HELD
granted under PD 463 or EO211 YES. Though the property was considered forest land and included in the Central Cordillera
o The object of this police power is clear – the exploration, development and utilization Forest Reserve, this did not impair the rights already vested in Benguet and Atok at that time.
of mineral resources are matters vital to the public interest and the general welfare of
The perfection of the mining claim converted the property into mineral land and under the laws
the people
- There is not provision in AO57 that leads to the conclusion of an authorization of automatic then in force removed it from the public domain. By such act, the locators acquired exclusive
conversion of mining leases and agreements granted after the effectivity of the 1987 Consti rights over the land, against even the government, without need of any further act such as the
pursuant to EO211, into production-sharing agreements purchase of the land or the obtention of a patent over it. As the land became the private
o The use of the term production-sharing agreement implies negotiation and cannot be property of the locators, they had the right to transfer the same, as they did, to Benguet and
presumed as a unilateral declaration on the part of government Atok.
o The MPSA requires a meeting of the minds of the parties after negotiations are arrived - There was insufficient evidence of open, continuous, adverse and exclusive possession
at in good faith and in accordance with procedure as laid out in AO 82 submitted by the applicants to support their claim of ownership. They acquired the land only
Decision AO 57 and 82 are valid and constitutional in 1964 and applied for its registration in 1965.
- This is an application of the Regalian doctrine which is intended for the benefit of the State,
REPUBLIC V COURT OF APPEALS AND DELA ROSA not of private persons. The rule reserves to the State all minerals that may be found in public
CRUZ; April 15, 1988 and even private land. Thus, if a person is the owner of agricultural land in which mineral is
discovered, his ownership of such land does not give him the right to extract or utilize the said
FACTS minerals without the permission of the State to which such minerals belong.
- Jose dela Rosa filed an application for registration of a parcel of land divided into 9 lots in - Benguet and Atok have exclusive rights to the property in question by virtue of their
Tuding, Itogon, Benguet Province on February 11, 1965 on his own behalf and on behalf of his respective mining claims which they validly acquired before the Constitution of 1935 prohibited
children. According to the application, Lots 1-5 were sold to Jose dela Rosa and Lots 6-9 to the alienation of all lands of the public domain except agricultural lands, subject to vested
his children by Mamaya Balbalio and Jaime Alberto, respectively in 1964. Balbalio and rights existing at the time of its adoption. The land was not and could not have been
Alberto testified that they had acquired the subject land by virtue of prescription. transferred to the private respondents by virtue of acquisitive prescription, nor could its use
- It was opposed by Benguet Consolidated, Inc. as to Lots 1-5, Atok Big Wedge Corporation could be shared simultaneously by them and the mining companies for agricultural and
as to portions of Lots 1-5 and all of Lots 6-9, and by the Republic through the Bureau of mineral purposes.
Forestry Development as to Lots 1-9. Benguet opposed on the ground that June Bug mineral Voting Teehankee (C.J.), Narvasa, Gancayco and Griño-Aquino, concur.
claim covering Lots 1-5 was sold to it on September 22, 1934 by the successors-in-interest of
James Kelly who located the claim in September 1909 and recorded it on October 14, 1909. ATOK BIG WEDGE MINING V COURT OF APPEALS
Atok alleged that a portion of Lots 1-5 and all of Lots 6-9 were covered by the Emma and PARAS; January 18, 1991
Fredia mineral claims located by Harrison and Reynolds on December 25, 1930 and recorded
on January 2, 1931 in the Office of the mining recorder of Baguio. The locations of the FACTS
mineral claims were made in accordance with Section 21 of the Philippine Bill of 1902. - Fredia Mineral claim was located in Itogon, Benguet by A. I. Reynolds in 1930. The mineral
- The Bureau of Forestry Development argued that the land sought to be registered was claim was duly recorded in the Office of the Mining Recorder. In 1931, the mineral claim was
covered by the Central Cordillera Forest Reserve under Proclamation No. 217 dated February sold by A.I. Reynolds to petitioner. Since then petitioner has been in continuous and exclusive
16, 1929. By reason of its nature, it was not subject to alienation under the Constitutions of ownership and possession of said claim.
1935 and 1973. - In 1964, respondent Liwan Consi constructed a house in the land where the claim was
located. It was only in 1984 when he was told that said lot belonged to Atok. Respondent
ISSUE contends that he had been paying taxes on said land which his father had occupied before
WON the Benguet and Atok Mining Companies have exclusive rights to the property in him. Atok filed a complaint for forcible entry. The MTC dismissed the case. The RTC decided
question.
in favor of Atok. Upon appeal by Consi, the CA dismissed the forcible entry action ruling that - Kalahi thus abandoned its former claim over Lot No. 1851-B. it limited its claim to two land
both Consi and Atok are holders of possessory titles, the former through long term occupancy, which when combined, cover an area of 1,730 hectares. This land contained the 123 mining
and the latter by virtue of its being the claim locator. claims of Kalahi and where the alleged 500,000 coffee plants were planted. Kalahi claimed
and presented evidence that it had located in 1934 and prior thereto 123 mineral claims in
ISSUE Floridablanca Mountains; made annual assessments work thereto; made declaration of
WON an individual’s long term occupation of land of the public domain vests him with such location and paid annual assessment work from 1965-1966; constructed roads traversing the
rights over the same as to defeat the rights of the owner of that claim mountains and hills and planted 500,00 coffee trees. These however were not considered by
the court as basis sufficient in law and in fact for the registration of title under act 496.
HELD - Kalahi thus contended that these mineral lands were now segregated from government
NO. The perfection of the mining claim converted the property to mineral land and under the lands and its mining claims thereon deemed property rights. These were based on an opinion
laws then in force removed it from the public domain. As the land had become private of the Secretary of Justice dated August 31, 1956 which stated that “the legal effect of a valid
property of the locators (A.I.) they had the right to sell it to Atok. Where there is a valid location of a mining claim is not only to segregate the area from the public domain, but to
location of mining claim, the area becomes segregated from the public and the grant the locator the beneficial ownership of the claim and the right to a patent therefore upon
property of the locator. (Note however that the sale in the case took place in 1931) Atok compliance with the terms and conditions prescribed by law… the area is segregated and
then have exclusive rights to the property in question by virtue of their respective mining becomes the property of the locator.”
claims which they validly acquired before the 1935 Constitution prohibited alienation of all - Citing the San Mauricio doctrine
lands of the public domain except agricultural lands, subject to vested rights existing at the “Under the Act of Congress of 1902 (Philippine Bill), a right or rights acquired by a holder of
time of its adoption. unpatented but valid and existing claim located and registered under its provisions becomes
- Neither could Consi argue long term possession. His possession was not in the concept of the property of the locator… the right of the locator to enjoy the surface ground and the
owner of the mining claim but of the property as agricultural land. Since the subject lot is a minerals within the limits of his claim becomes exclusive as against the whole world, limited
mineral land, private respondent’s possession did not confer upon him possessory rights, only by extralateral rights of adjoining locators. He is not required to purchase the claim or
secure a patent and as long as he could comply with the mining laws, his possessory rights of
DIRECTOR OF LANDS V KALAHI INVESTMENTS ownership are as good as though secured by patent.”
MADIALDEA; January 31, 1989 - It also claims registration of title based on its actual, open, public, peaceful, continuous,
adverse possession in the concept of an owner for more than 30 years or confirmation of
FACTS imperfect title under Sec. 48 (b) CA141 as amended by RA No. 1942.
- On December 12, 1963, Kalahi Investment Inc., moved for an advanced hearing of Lot No. - In its decision, the court a quo denied the claim for registration ruling that a) the 123 mining
1851-B, Floridablanca Cadastre. Evidence was presented and Kalahi’s title was to be claims are governed by mining law; hence under the jurisdiction of the Bureau of Mines which
registered under the provisions of Act 496. is the proper agency to enforce the claims and to adjudicate the rights of the claimants, which
- It was later on found out that this lot was a vast land of mountain ranges covering an area no in fact Kalahi recognized when it filed an application for lease with said Bureau, and b) that the
less than 886,021,588 square meters. This lot contains the alleged 123 mineral claims of claim for confirmation of imperfect title based on the evidence of Public Land Law provisions:
Kalahi. It was also found out that the said lot was labeled as timber land under RA 3092. in the - The lands in the public domain are classified under three main categories: Mineral, Forest
land classification of the province of Pampanga and Zambales, these lands were also and Agricultural lands in the public domain that title could be issued… the Public Law never
considered part of the Project No. 11, Timber Land. governs private lands.
- The Bureau of Forestry’s opposition on the registration of the lot is based on the ground that - The Public Land Law is not applicable to forest lands nor to mineral lands. The confirmation
these lands are part of the vast public forest known as TIMBER LAND. These lots are not yet of imperfect land title can not be basis for registration of titles over forest and/or mineral lands.
released as alienable agricultural lands and were even declared by the President of the - On appeal Kalahi assigned as errors the following:
Philippines under Proclamation No. 82 as part of the Mt. Dorst Forest Reserve. 1)the lower court erred in not considering the basis for the registration of land in question
sufficient in law and in fact.
2)the lower court erred in declaring that the doctrine of the Supreme Court and the opinion location is all that is necessary to acquire absolute ownership over a located mining claim.
of the Secretary of Justice never contemplate of a procedure that will entitle the claimants This is not the law. Location without more,confers only the right of possession… I maintain
to the registration of the lands in question. that in prohibiting the alienation of natural resources, save any existing right, the Constitution
3)the lower court erred in denying the claim for registration of the claimant’s title over the does not refer to the right of location or the inherent right of possession, or any inchoate or
land in question at last a portion thereof covered by the mining claims and their gaps. contingent right which are only means to bring about another right; it refers only to the right to
- On the other hand the Director of Lands contended: obtain a patent.”
“Kalahi admitted that the land in question is a mining property consisting of mining claims - It is not clear if Kalahi has fully complied with the requirements of Act of Congress of 1902.
located and registered under the provisions of the Act of the US Congress of July 1, 1902. and this is a factual issue which is beyond the issue of the Court. Nonetheless, even assuming
as such, said Act requires Kalahi as holder of mining claims to do no other act except to claimant to be a holder of a subsisting and valid patentable mining clai8m, we hold that it can
proceed with the acquisition of mining patent in the Bureau of Mines. The Act prescribes an no longer proceed with the acquisition of a mining patent in view of PD No. 1214 issued in
explicit and definite procedure by which mining patents are to be secured administratively…” October 14, 1977, directing “holders of subsisting an valid patentable mining claims located
- CA thus certified the following questions (issues) for SC resolution: under the provisions of the Act of Congress of 1902 to file a mining lease application within
one year of the approval of the Decree… non-filing of the application within the period
ISSUES prescribed shall cause the forfeiture of all his rights to the claim.
1. WON mining claims acquired, registered perfected and patentable under the Old Mining - Records show that claimant has already filed a mining lease application.
Law matured to private ownership would entitle claimant-appellant to the ownership thereof 2. Having filed a mining lease application, its mining claims therefore, are deemed covered by
2. who has the authority to examine process and find out WON the requirements of the Act of PD 1214 and the Bureau of Mines may accordingly process the same as a lease application,
Congress of 1902 have been complied by applicant- the Court or the Bureau of Mines in accordance with PD 463, pursuant to PD 1214. As to whether or not the Bureau of Mines is
qualified to rule on whether there has been full and faithful compliance with the requirements
HELD of Philippine Bill of 1902, SC ruled that the Bureau is empowered as a corollary function in the
1. NO. In the recent case of Santa Rosa Mining Co. v Hon Minister of Natural Resources processing of mining lease applications.
Jose Leido jr. and Director of Mines Juanito Fernandez the SC ruled that while it recognized Decision The decision of the CFI of Pampanga is affirmed, with the modification that Kalahi’s
that the right of a locator of a mining claim is a property right, this right is not absolute. It is mining claims may be processed as a mining lease application by the Bureau of Mines.
merely a possessory right more so when petitioner’s claims are still unpatented.
“Mere location does not mean absolute ownership over the located claim. It merely TAN V DIRECTOR OF FORESTRY
segregates the located land or area from the public domain by barring other would-be locators MAKASIAR; October 27,1983
from locating the same and appropriating for themselves the minerals found therein… the
intention of the lawmaker is that the locator should faithfully and consistently comply with the FACTS
requirements for annual work and improvements in the located mining claims.” This case - Petitioner-appellant: Wenceslao Vinzons Tan
modifies the San Mauricio doctrine in that while a perfected location of a mining claim has the - Respondents-appellees: Sec. of Agri. And Nat. Resources (DANR) Jose Feliciano, Director
effect of segregating said land from the body of public domain, the area covered does not of Bureau of Forestry (BOF) Apolonio Rivera
thereby become the private property of the locator. - Intervenors: Ravago Commercial Co., Jorge Lao Happick, Atanacio Mallari
- Concurring opinion of Justice Laurel in Gold Creek Mining Corp. v Rodriguez and Abadilla: - April 1961 – the Bureau of Forestry issued a notice advertising for public bidding a tract of
“… my opinion is that while the locator, under the circumstances, secures the beneficial public forest land (6,420 hectares) in Olongapo, Zambales. It was located within the former
ownership or the dominum utile, the government retains the bare ownership or the dominium US Naval Reservation.
directum, until the locator’s claim ripens into full ownership upon full compliance with all - May 5, 1962 – petitioner Wenceslao Tan submitted his application plus nine other applicants
requirements of the law for the issuance of a patent.” - Thereafter, questions arose as to the wisdom of having the are declared as a forest reserve
- Dissenting opinion of Justice Concepcion in the Gold Creek Mining Corp. case: ”To give a or allow the same to be awarded to the most qualified bidder
broader meaning and give a greater effect to the location of a mining claim is to contend that
- June 7, 1961 – then Pres. Carlos Garcia issued a directive to the Dir. Of Bureau of Forestry
to prepare a draft proclaiming the said land as a watershed forest reserve for Olongapo and to NO.
reject the bids they have received - the petition was dismissed by the trial court for failure to state a claim upon which relief could
- Sec. Fortich (DANR) however sustained the recommendations of the director of BOF who be granted; the timber license relied upon by the petitioner was void ab initio
concluded that it would be beneficial to the public interest of the are is made available for - also, court takes judicial notive that the are has been declared a forest reserve on April 39,
exploitation. The Director said that to the declare the forest are as a forest reserve rather than 1964
to open it for timber exploitation under license and regulation would do more harm than good - what is important for the validity of a timber license is the date of release of the license and n
to the public interest since it might just become a “Free Zone and Logging Paradise” to the the sate of signing. Before the release, not tight is acquired by the licensee. Tan’s license
problem loggers of Dinalupihan, Bataan – an open target for timber smugglers and was signed Dec. 9, 1963 and was released Jan. 6, 1964 – by January 6, the Director of
kaingineros; also, rejecting the received bids would cause the department huge Forestry no longer had any authority to release the license
embarrassment - the petitioner had not acquired any legal right under such void license
- The area was then awarded to Wenceslao Tan by the BOF against the other bidders, - the petitioner also failed to exhaust all administrative remedies. He should have appealed
Rovago Commercial Company and Jorge :Lao Happick the order of the DANR Secretary to the President, who has the power to review on appeal the
- May 30, 1963 – DANR Sec. Gozon (who succeeded then Sec. Fortich) issued a orders/acts of the said secretary – where administrative appeal is available, special civil action
memorandum authorizing the grant of new ordinary timber license for areas not more than of certiorari cannot be availed
3,000 hectares each and the extension of ordinary timber licenses for areas not exceeding - moreover, not only did the petitioner fail to exhaust his administrative remedies, he also
5000 hectares failed to note that his action is a suit against the state which under the doctrine of immunity
- Dec. 19, 1963- Gozon was then replaced by acting Sec. Jose Feliciano, who upon from suit, cannot prosper unless the state gives it consent to be dued
assumption of office he revoked the memorandum. - Next, granting that the license granted to him was valid, still the respondents can validly
- But that same day, the license of Wenceslao Tan was signed by acting Director of (BOF), revoke this license
Estanislao Bernal, without the approval of the Secretary of DANR
- Ravago Commercial Company and Jorge Lao Happick then wrote a letter to the Sec. of REPUBLIC V QUASHA
DANR praying that the license issued to Tan be cancelled on the ground that it was irregular, REYES; August 17, 1972
anomalous and contrary to existing forestry laws, rules and regulations
- The license was declared void ab initio FACTS
- Petitioner Tan claims that respondents unlawfully, illegally, whimsically, capriciously and - The case involves a judicial determination of the scope and duration of the rights acquired
arbitrarily acted w/o or in excess of its jurisdiction and with grave abuse of discretion by by American citizens and corporations controlled by them under the Parity Amendment
revoking a valid and existing timber license without just cause, by denying petitioner Tan of the appended to the Constitution as of Sept. 18, 1946
equal protection of the laws and by depriving him of his constitutional right to property w/o due - William Quasha is an American citizen who purchased a land in Forbes Park on
process of law by impairing the obligation of contracts Nov.26,1954. He filed a petition on March 1968 where he averred the acquisition of the said
- His petition was dismissed because it did not state a sufficient cause of action land; that the RP claimed that upon expiration of the Parity Amendment (PA) on July 3, 1974,
rights acquired by US citizens shall cease; that this claim affects his right and interest and that
ISSUE the uncertainty as to the status of his property after the PA ends reduces the property’s value
WON the facts in the petition constitute a sufficient cause of action and precludes him from having improvements made on it; and so he contends that the
ownership of properties during the effectivity of the PA continues despite its
HELD termination
cause of action – 3 essential elements - Sol.Gen. Antonio Barredo: land acquired by Quasha is private agri. land and that the
1. legal right of the plaintiff acquisition violated Sec.5 Art.XIII of the Constitution which prohibits the transfer of private
2. correlative obligation of the defendants
3. the act or omission of the defendant in violation of that right
agricultural land to non-Filipinos except by hereditary succession ; and assuming validity of -text of PA: “in no case to extend beyond July 3, 1974”—in conformity with Article X, Section
acquisition, his rights acquired through the PA will expire on July 3, 1974 2 “this agreement shall have no effect after July 3, 1974. It may be terminated be either the
- CFI: rendered decision in favor of plaintiff, holding that acquisition was valid and he has a US or the Phils at any time...”
right to continue in ownership of property even beyond July 1974. -Quasha argues that the limitative period should not be applicable because under Art.428 of
Thus, this appeal. the Civil Code, “the owner has the right to enjoy and dispose of a thing, without other
limitations than those established by law”
ISSUES > this limitation already existed when he purchased the land
1. WON by virtue of the so-called PA to the Philippine Constitution Quasha could validly > The can’t complain of deprivation of due process because PA is part of Consti, the highest
acquire ownership of the private residential land which is concededly classified private law of the land
agricultural land > if the Philippine Government can not dispose of its alienable public agricultural lands
2. On the assumption that Quasha’s purchase of the private agricultural land is valid and beyond that date under PA, then, logically, the Constitution, as modified by PA, only
constitutional, WON his rights will expire on July 3, 1974 authorizes either of two things: a) alienation or transfer of rights less than ownership or b) a
resoluble ownership that will be extinguished not later than the specified period.
HELD Discussion
1. NO. The Parity Amendment gives Americans no right to validly acquire ownership of private Historical Background
agricultural land in the Philippines. • Article XIII Conservation and Utilization of Natural Resources
-examination of the PA reveals that it only establishes an express exception to 2 provisions Sec.1 All agricultural, timber, and mineral lands of the public domain...belong to the State,
—Section 1 Article XIII (disposition, exploitation, etc. of public lands) and Section 8 Article and their disposition, exploitation, development, or utilization shall be limited to citizens of the
XIV (operation of public utilities) Philippines, or to corps. At least 60% of the capital of which is owned by such citizens...
> no other provision was referred to, not Sections 2 & 5 of Art.XIII Sec.2 No private corporation...may acquire, lease, or hold public agricultural lands in excess
-Quasha argues that since PA permitted US citizens/entities to acquire agricultural lands of of 1,024 hectares...
the public domain, then such citizens/entities became entitled to acquire private agricultural Sec.5 Save in cases of hereditary succession, no private agricultural land shall be
land in the Phils., even without hereditary succession transferred or assigned except to individuals, corporations, or associations qualified to acquire
> this argument does not rest upon the text of the PA but upon a mere inference; or hold lands of the public domain in the Philippines.
if it was ever intended to create an exception to Sec.5, it would have bee • Article XIV General Provisions
mentioned just as Sec.1 and 8 were mentioned Sec.8 No franchise...for the operation of a public utility shall be granted except to citizens of
-whether from the Phil. Or the American side, the intention was to secure parity for US the Philippines or to corporations organized under the laws of the Philippines, 60% of the
citizens only in: 1)exploitation, development and utilization of public lands and capital of which is owned by citizens of the Philippines...
other natural resources, and 2) the operation of public utilities • nationalistic spirit are self-evident in these provisions
-Quasha further contends that when the Constitution was adopted in 1935, US citizens • 1945 Report of the Committee on Territories and Insular Affairs: when the Philippines do
were already qualified to acquire public agri land, so even without hereditary succession become independent next July, they will start on the road to independence with a country
transfer of private agri lands to Americans is permitted whose commerce, trade and political institutions have been very damaged; internal revenue
> such capacity could exist only during the American sovereignty over the Islands have been greatly diminished by war.
(before the RP is established) • in 1946, US enacted Philippine Trade Act authorizing the President of the US to enter into an
2. His rights will expire. All the exceptional rights conferred upon US citizens and business Exec. Agreement with the President of the Philippines, which should contain a provision that
entities owned or controlled by them, under the Parity Amendment, are to last during the —“the disposition, exploitation, development, or utilization...be open to citizens of the US and
effectivity of the agreement entered into on July 4, 1946, but in no case to extend beyond July to all forms of business enterprise owned or controlled, directly or indirectly, by US citizens.”;
3, 1974. and that “the gov’t of the Phil. Will take such steps as are necessary to secure the amendment
of the Constitution so as to permit the taking effect as laws of the Phils. Of such part of the Amidst opposition by various sectors, the Executive has been pushing its decision to sell the
provisions reparations properties starting with the Roppongi lot. Petitioners have filed two petitions to
• Commonwealth Act No.733- authorized the President of the Phils. To enter into the stop the sale of the Roppongi property.
Executive Agreement
•proposed amendment was submitted to a plebiscite and was ratified in Nov. 1946 ISSUES
• Parity Amendment: “Notwithstanding the provision of section 1, Article 13, and section 1. WON the Roppongi property and others of its kind can be alienated by the Philippine
8, Article 14, of the foregoing Constitution, during the effectivity of the Executive Agreement Government
entered into...on July 4, 1946...but in no case to extend beyond July 3, 1974, the disposition, 2. WON Executive Order No. 296, which entitles non-Filipino citizens or entities to avail of
exploitation, development, or utilization...be open to citizens of the US and to all forms reparations' capital goods and services, is constitutional. WON EO 296 violate the following
of business enterprise owned or controlled, directly or indirectly, by US citizens in the same constitutional provisions:
manner as to, and under the same conditions imposed upon, citizens of the Philippines or a. constitutional mandate to conserve and develop the national patrimony stated in the
corporations or associations owned or controlled by citizens of the Philippines.” Preamble of the 1987 Constitution
• Laurel-Langley Agreement (revision of PA enacted in June 1955): establishes some sort b. reservation of the ownership and acquisition of alienable lands of the public domain to
of reciprocity rights between US and Phils. Filipino citizens
--no direct application to the case at bar, since the purchase by Quasha of the property in c. there is preference for Filipino citizens in the grant of rights, privileges and concessions
question was made in 1954, prior to the effectivity of this agreement covering the national economy and patrimony
d. WON there is protection given to Filipino enterprises against unfair competition and trade
LAUREL V GARCIA practices
GUTIERREZ; July 25, 1990 e. WON there is guarantee of the right of the people to information on all matters of public
concern
FACTS f. WON there is declaration of the state policy of full public disclosure of all transactions
- The subject property in this case (Roppongi) is one of the four (4) properties in Japan involving public interest
acquired by the Philippine government under the Reparations Agreement entered into with
Japan in 1956, the other lots being: Nampeidai Property , Kobe Commercial Property, and HELD
Kobe Residential Property. The properties are part of the indemnification to the Filipino people 1. NO, the Roponggi property is public domain. As property of public dominion, the Roppongi
for their losses in life and property and their suffering during World War II. lot is outside the commerce of man. It cannot be alienated. Its ownership is a special collective
- The Reparations Agreement provides that reparations valued at $550 million would be ownership for general use and enjoyment, an application to the satisfaction of collective
payable in twenty (20) years in accordance with annual schedules of procurements to be fixed needs, and resides in the social group.
by the Philippine and Japanese governments. Rep. Act No. 1789, the Reparations Law, 2. The Court does not ordinarily pass upon constitutional questions unless these questions
prescribes the national policy on procurement and utilization of reparations and development are properly raised in appropriate cases and their resolution is necessary for the determination
loans. The Roppongi property was acquired from the Japanese government under the of the case. The Court will not pass upon a constitutional question although properly
Second Year Schedule. presented by the record if the case can be disposed of on some other ground such as the
- On August 1986, President Aquino created a committee to study the disposition/utilization of application of a statute or general law.
Philippine government properties in Tokyo and Kobe, Japan. Decision Petitions are GRANTED. A writ of prohibition is issued enjoining the respondents
- On July 1987, the President issued Executive Order No. 296 entitling non-Filipino citizens or from proceeding with the sale of the Roppongi property in Tokyo, Japan.
entities to avail of reparations' capital goods and services in the event of sale, lease or
disposition. RAMIREZ V VDA. DE RAMIREZ
ABAD-SANTOS; February 15, 1982
FACTS - the proposed creation by the admininstratix in favor of the testator’s widow of a usufruct over
- APPEAL for the partitioning of testate estate of Jose Eugenio Ramirez (a Filipino national, 1/3 of the free portion of the testator’s estate cannot be made where it will run counter to the
died in Spain on December 11, 1964) among principal beneficiaries: testator’s express will. The Court erred for Marcelle who is entitled to ½ of the estate “en
Marcelle Demoron de Ramirez pleno dominio” as her legitime and which is more than what she is given under the will is not
- widow entitled to have any additional share in the estate. To give Marcelle more than her legitime will
- French who lives in Paris run counter to the testator’s intention for as stated above his disposition even impaired her
- received ½ (as spouse) and usufructuary rights over 1/3 of the free portion legitime and tended to favor Wanda.
Roberto and Jorge Ramirez b. Vulgar substitutions are valid because dying before the testator is not the only case where a
- two grandnephews vulgar substitution can be made. Also, according to Art 859 CC, cases also include refusal or
- lives in Malate incapacity to accept inheritance therefore it is VALID.
- received the ½ (free portion) BUT fideicommissary substitutions are VOID because Juan Pablo Jankowski and Horace
Wanda de Wrobleski Ramirez are not related to Wande and according to Art 863 CC, it validates a fideicommissary
- companion substitution provided that such substitution does not go beyond one degree from the heir
- Austrian who lives in Spain originally instituted. Another is that there is no absolute duty imposed on Wanda to transmit
- received usufructuary rights of 2/3 of the free portion the usufructuary to the substitutes and in fact the apellee agrees that the testator contradicts
- vulgar substitution in favor of Juan Pablo Jankowski and Horacio Ramirez the establishment of the fideicommissary substitution when he permits the properties be
- Maria Luisa Palacios - administratix subject to usufruct to be sold upon mutual agreement of the usufructuaries and naked owners.
- Jorge and Roberto Ramirez opposed because c. YES, usufruct of Wanda is VALID
a. vulgar substitution in favor of Wanda wrt widow’s usufruct and in favor of Juan Pablo - Art XIII67 Sec 5 (1935): Save in cases of hereditary succession, no private agricultural land
Jankowski and Horacio Ramirez, wrt to Wanda’s usufruct is INVALID because first heirs shall be transferred or assigned except to individuals, corporations, or associations qualified to
(Marcelle and Wanda) survived the testator acquire or hold land of the public domain in the Philippines. 68
b. fideicommissary substitutions are INVALID because first heirs not related to the second The lower court upheld the usufruct thinking that the Constitution covers not only succession
heirs or substitutes within the first degree as provided in Art 863 CC by operation of law but also testamentary succession BUT SC is of the opinion that this
c. grant of usufruct of real property in favor of an alien, Wanda, violated Art XIII Sec 5 provision does not apply to testamentary succession for otherwise the prohibition will be for
d. proposed partition of the testator’’s interest in the Santa Cruz Building between widow and naught and meaningless. Any alien would circumvent the prohibition by paying money to a
appellants violates testators express will to give this property to them Philippine landowner in exchange for a devise of a piece of land BUT an alien may be
- LC: approved partition bestowed USUFRUCTUARY RIGHTS over a parcel of land in the Philippines. Therefore, the
usufruct in favor of Wanda, although a real right, is upheld because it does not vest title to the
ISSUE land in the usufructuary (Wanda) and it is the vesting of title to land in favor of aliens which is
WON the partition is valid insofar as proscribed by the Constitution.
a. widow’s legitime Decision: ½ Marcelle (as legitime), ½ Jorge and Roberto Ramirez (free portion) in naked
b. substitutions ownership and the usufruct to Wanda de Wrobleski with simple substitution in favor of Juan
c. usufruct of Wanda Pablo Jankowski and Horace Ramirez
The growing complexities of modern society, however, have rendered this traditional
The court held that the Arroyo government was not a revolutionary government as compared classification of the functions of government quite unrealistic, not to say obsolete.
to its Aquino counterpart. EDSA I involved extra-constitutional exercise of people power The areas which used to be left to private enterprise and initiative and which the
revolution (and is thus a political question and not subject to judicial review) whereas EDSA II government was called upon to enter optionally, and only "because it was better
provoked the resignation of the sitting president which resulted in the succession of the vice equipped to administer for the public welfare than is any private individual or group
president (which is intra-constitutional and thus justiciable). EDSA I overthrew the whole of individuals,"5 continue to lose their well-defined boundaries and to be absorbed
government. EDSA II sought to petition the government for redress of grievances which only within activities that the government must undertake in its sovereign capacity if it is
affected the office of the President. to meet the increasing social challenges of the times. Here as almost everywhere
else the tendency is undoubtedly towards a greater socialization of economic forces.
Here of course this development was envisioned, indeed adopted as a national
policy, by the Constitution itself in its declaration of principle concerning the
CONSTITUENT AND MINISTRANT FUNCTIONS
promotion of social justice.
ACCFA v. CUGCO
PARENS PATRIAE
Political Law has been defined as that branch of public law which deals with the
organization and operation of the governmental organs of the State and define the
relations of the state with the inhabitants of its territory (People vs. Perfecto). It may
be recalled that political law embraces constitutional law, law of public corporations,
SOVEREIGNTY administrative law including the law on public officers and elections. Specifically,
Article 14 of the Code of Commerce partakes more of the nature of an
Elements of the State administrative law because it regulates the conduct of certain public officers and
employees with respect to engaging in business; hence, political in essence.
(1992)
"'By well-settled public law, upon the cession of territory by one nation to another,
either following a conquest or otherwise, . . . those laws which are political in their
nature and pertain to the prerogatives of the former government immediately cease
In a civil case of the CFI Leyte, Judge Asuncion ruled a partition of lots of one deceased upon the transfer of sovereignty.'74
Francisco Reyes among Macariola (sole child of Francisco’s first wife) and the children from
his second marriage. A year later, the judge bought one of the lots he settled from a certain
Galapon. Macariola charges Asuncion with a complaint of committing “acts unbecoming a
judge.” The main issues are twofold: the first is WON he violated Article 1491 (5) of the CC;
and second is WON he violated Article 14 (1) & (5) of the Code of Commerce. 73
The Director of Lands vs. Ababa, et al., [1979]; Rosario vda. de Laig vs. Court of Appeals,
[1978]
74
Opinion, Atty. Gen., July 10, 1899
"While municipal laws of the newly acquired territory not in conflict with the laws of Peralta v. Director of Prisons
the new sovereign continue in force without the express assent or affirmative act of
the conqueror, the political laws do not. 75 (1945)
Likewise, in People vs. Perfecto, this Court stated that: "It is a general principle of Petitioner, a member of the Metropolitan Constabulary, was prosecuted for the crime of
the public law that on acquisition of territory the previous political relations of the robbery as defined by the National Assembly of the so-called Republic of the Philippines. He
ceded region are totally abrogated." was found guilty and sentenced to serve time by the Court of Special and Exclusive Criminal
Jurisdiction created in sec. 1 of Ordinance no. 7 promulgated by the President of the Republic.
The petition for habeas corpus is based on the ground that the Court’s existence was void ab
initio because it was created as a political instrumentality under the command of the Japanese
There appears no enabling or affirmative act that continued the effectivity of the Imperial Army; that the provisions of said ordinance violate his constitutional rights; that the
aforestated provision of the Code of Commerce after the change of sovereignty from penalties provided for are much more severe than the RPC. SolGen is of the opinion that the
Spain to the United States and then to the Republic of the Philippines. petition should be granted because the Ordinance mentioned in creating said court is “tinged
Consequently, Article 14 of the Code of Commerce has no legal and binding effect with political complexion”, that the procedure does not afford a fair trial and violates
and cannot apply to the respondent, then Judge of the Court of First Instance, now constitutional right of accused persons under a legitimate Constitution. The court is of the
Associate Justice of the Court of Appeals. opinion that:
Ruffy v. Chief of Staff As to the validity of the creation of the Court of Special and Exclusive Criminal
Jurisdiction by Ordinance No. 7 , the only factor to be considered is the authority of
(1946)
the legislative power which promulgated said law or ordinance. It is well established
in International Law that "The criminal jurisdiction established by the invader in the
occupied territory finds its source neither in the laws of the conquering or conquered
Ruffy, a provincial commander of the Philippine Constabulary, instead of surrendering to the state, — it is drawn entirely from the law martial as defined in the usages of nations.
Japanese forces, disbanded his company, retreated to the mountains and led a guerilla unit. The authority thus derived can be asserted either through special tribunals, whose
Lieut. Col. Jurado, recognized by the United States Armed Forces, was sent to replace Ruffy authority and procedure is defined in the military code of the conquering state, or
but was slain by the latter and his companions. The same people who killed the replacing through the ordinary courts and authorities of the occupied district." (Taylor,
officer claim that they were not subject to military law at the time when the offense was International Public Law, p. 598.)
committed. But the rule suspending political laws only affects the civilian inhabitants of the
occupied territory and is not intended to bind the enemies in arms. Thus, members of the
armed forces continued to be covered by the National Defense Act, the Articles of War, and
The so-called Republic of the Philippines, being a governmental instrumentality of
other laws relating to the armed forces even during the Japanese occupation. By the
the belligerent occupant, had therefore the power or was competent to create the
acceptance of the petitioners’ appointments as officers in the Philippine Army they became
Court of Special and Exclusive Criminal Jurisdiction. No question may arise as to
amenable to the Articles of War.
whether or not a court is of a political complexion, for it is mere governmental
agency charged with the duty of applying the law to cases falling within its
jurisdiction. Its judgments and sentences may be of a political complexion or not
75
Halleck's Int. Law, chap. 34, par. 14
depending upon the nature or character of the law so applied. There is no room for
doubt, therefore, as to the validity of the creation of the court in question.
Alcantara v. Director of Prisons
The validity of the sentence rendered by the Court of Special and Exclusive Criminal
Jurisdiction which imposes life imprisonment upon the herein petitioner, depends Petitioner was convicted of the crime of illegal discharge of firearms. The CA modified the
upon the competence or power of the belligerent occupant to promulgate Act No. 65 sentence from arresto mayor to prision correccional. Petitioner questions the validity of the CA
which punishes the crime of which said petitioner was convicted. on the sole ground that the court was a creation of the so-called Republic of the Philippines
during the Japanese military occupation. In Co Kim Cham v. Valdez Tan Keh and Dizon, the
court ruled that the RP and the PEC were governments de facto and that judicial acts were
good and valid and remained good and valid after the restoration of the Commonwealth
It appears clear that it was within the power and competence of the belligerent Government. The CA that existing during Japanese occupation was the CA after the
occupant to promulgate, through the National Assembly of the so-called Republic of restoration. And even if the CA was a new court, its judgments would still remain good and
the Philippines, Act No. 65 of the said Assembly, which penalizes the crimes of valid provided that they do not have a political complexion.
robbery and other offenses by imprisonment ranging from the maximum period of
the imprisonment prescribed by the laws and ordinances promulgated by the
President of the so-called Republic as minimum, to life imprisonment or death as
maximum. Although these crimes are defined in the Revised Penal Code, they were A punitive or penal sentence is said to be of a political complexion when it penalizes
altered and penalized by said Act No. 65 with different and heavier penalties, as either a new act not defined in the municipal laws, or acts already penalized by the
new crimes and offenses demanded by military necessity, incident to a state of war, latter as a crime against the legitimate government, but taken out of the territorial
and necessary for the control of the country by the belligerent occupant, the law and penalized as new offenses committed against the belligerent occupant,
protection and safety of the army of occupation, its support and efficiency, and the incident to a state of war and necessary for the control of the occupied territory and
success of its operations. the protection of the army of the occupier. They are acts penalized for public rather
than private reasons, acts which tend, directly or indirectly, to aid or favor the enemy
and are directed against the welfare, safety and security of the belligerent occupant.
As examples, the crimes against national security, such as treason, espionage, etc.,
The last question is the legal effect of the reoccupation of the Philippines and and against public order, such as rebellion, sedition, etc., were crimes against the
restoration of the Commonwealth Government; that is, whether or not, by the Commonwealth or United States Government under the Revised Penal Code, which
principle of postliminy, the punitive sentence which petitioner is now serving fell were made crimes against the belligerent occupant.
through or ceased to be valid from that time.
We have already held in our recent decision in the case of Co Kim Cham vs. Valdez
Tan Keh and Dizon, supra, that all judgment of political complexion of the courts STATE IMMUNITY
during the Japanese regime, ceased to be valid upon reoccupation of the islands by
virtue of the principle or right of postliminium. Applying that doctrine to the present
case, the sentence which convicted the petitioner of a crime of a political
complexion must be considered as having ceased to be valid ipso facto upon the CHARACTERIZATION OF SUIT
reoccupation or liberation of the Philippines by General Douglas MacArthur.
Begosa v. Chairman, Phil. Vet. Assoc. legislative act. The consent of the State to be sued must emanate from statutory
authority. Waiver of State immunity can only be made by an act of the legislative
(1970) body.
A veteran, Begosa, suffering from permanent disability was being denied what has been
granted him specifically by legislative enactment (which certainly is superior to any regulation
that may be promulgated by the Philippine Veterans Administration). Although the respondent
relented, the amount released was far less than what the veteran was legally entitled to. He
appealed. The doctrine of state immunity cannot be invoked by the PVA.
Where litigation may have adverse consequences on the public treasury, whether in the
disbursements of funds or loss of property, the public official being tried cannot be held liable
RATIONALE FOR IMMUNITY
by virtue of state immunity. However, where the suit against such a government official had to
be instituted because of his failure to comply with the duty imposed by statute appropriating
funds for the benefit of the plaintiff, then the doctrine of state immunity cannot be applied.
Sanders v. Veridiano
(1988)
Republic v. Feliciano
(1987)
Rossi and Wyer, gameroom attendards, are suing Sanders and Moreau (superiors of the
attendants) for libelous imputations committed by the latter which eventually cost them their
jobs. However, the court ruled that the alluded acts were official and not personal and that the
Feliciano allegedly owns a parcel of land through his possession of informacion possesoria.
acts petitioners are called to account were performed in the discharge of their official duties.
But this same land, by virtue of Proclamation No. 90 of President Ramon Magsaysay, became
reserved for settlement purposes. Feliciano seeks to prove that his ownership of the land as
evidenced by his informacion is valid and makes a claim to recover said property. However,
the court ruled that the state did not give its consent to be sued and thus immune from the Given the official character of the above-described letters, we have to conclude that the
complaint. Although the proclamation stated that it shall be “subject to private rights if any petitioners were, legally speaking, being sued as officers of the United States government. As
there be”, this cannot be construed as an express waiver of immunity. they have acted on behalf of that government, and within the scope of their authority, it is that
government, and not the petitioners personally, that is responsible for their acts.
Waiver of immunity, being a derogation of sovereignty, will not be inferred lightly, but
must be construed in strictissimi juris76. Moreover, the Proclamation is not a The doctrine of state immunity is applicable not only to our own government but also to foreign
76 states who are subject to the jurisdiction of our courts.
STRICTISSIMI JURIS. The most strict right or law. In general, when a person receives an
advantage, as the grant of a license, he is bound to conform receives an advantage, as the grant case of a strictly to the exercise of the rights given him by it, and in case of a dispute, it will be
of a license, he is bound to conform strictly to the exercise of the rights given him by it, and in strictly construed.
The practical justification for the doctrine, as Holmes put it, is that "there can be no Three main cases dealing with the doctrine of state immunity are consolidated in this case
legal right against the authority which makes the law on which the right depends." In with the fourth being remanded due to a lack of information.
the case of foreign states, the rule is derived from the principle of the sovereign
equality of states which wisely admonishes that par in parem non habet imperium77
and that a contrary attitude would "unduly vex the peace of nations." Our adherence
(1) Respondents file for a case of cancellation of a barbershop concessionaire. The State
to this precept is formally expressed in Article II, Section 2, of our Constitution,
herein can be sued because barbershop concessionaires are commercial in nature and the
where we reiterate from our previous charters that the Philippines "adopts the
state entering into such a proprietary contract implicitly gave its consent to be sued.
generally accepted principles of international law as part of the law of the land."
(2) A cook was found guilty of pouring urine in soup and was subsequently relieved from duty.
The acts of petitioners are protected by the presumption of good faith, which has not
He files a complaint against the club manager who invokes state immunity. The State can be
been overturned by the private respondents. Mistakes concededly committed by
sued since restaurant operation is a commercial affair, however, it does not necessarily mean
such public officers are not actionable as long as it is not shown that they were
that the state is liable.
motivated by malice or gross negligence amounting to bad faith. Exceptions to the
doctrine of state immunity as enumerated in the case are:
(3) Luis Bautista was caught in a buy-bust operation; he was then subsequently relieved from
duty. He now sues with the complaint of illegal dismissal. The respondent State cannot be
Officer is sued to compel him to do an act required by law [such as restraining a
sued because it performed acts within its official capacity.
Cabinet member from enforcing a law claimed to be unconstitutional].
There is no question that the United States of America, like any other state, will be deemed to
When the government violated its own laws.
have impliedly waived its non-suability if it has entered into a contract in its proprietary or
private capacity. It is only when the contract involves its sovereign or governmental capacity
that no such waiver may be implied.
When an officer acted without or in excess of authority in forcibly taking private
property without paying just compensation thereof, though the property was
converted for the public good.
Even without such affirmation [in Art. 16, Sec. 3 of 1987 Constitution], we would still
be bound by the generally accepted principles of international law under the doctrine
of incorporation. Under this doctrine, as accepted by the majority of states, such
United States v. Guinto principles are deemed incorporated in the law of every civilized state as a condition
and consequence of its membership in the society of nations. Upon its admission to
(1990) such society, the state is automatically obligated to comply with these principles in
its relations with other states.
77
All states are sovereign equals and cannot assert jurisdiction over one another.
XXX
The Holy See, represented by the Papal Nuncio, sold certain parcels of land to two buyers.
The consent of the state to be sued may be manifested expressly or impliedly. However, because the petitioners were unable to evict the squatters, a dispute arose as to
Express consent may be embodied in a general law or a special law. Consent is who held the responsibility of clearing the said parcels of land of squatters. Respondents filed
implied when the state enters into a contract or it itself commences litigation. a complaint for the annulment of the sale of the land but the DFA filed a motion to intervene
claiming that it had a legal interest in the outcome of the case as regards the diplomatic
immunity of petitioner.
The general law waiving the immunity of the state from suit is found in Act No. 3083,
under which the Philippine government "consents and submits to be sued upon any
moneyed claim involving liability arising from contract, express or implied, which The burden of the petition is that respondent trial court has no jurisdiction over petitioner,
could serve as a basis of civil action between private parties." In Merritt v. being a foreign state enjoying sovereign immunity. On the other hand, private respondent
Government of the Philippine Islands, a special law was passed to enable a person insists that the doctrine of non-suability is not anymore absolute and that petitioner has
to sue the government for an alleged tort. When the government enters into a divested itself of such a cloak when, of its own free will, it entered into a commercial
contract, it is deemed to have descended to the level of the other contracting party transaction for the sale of a parcel of land located in the Philippines.
and divested of its sovereign immunity from suit with its implied consent. Waiver is
also implied when the government files a complaint, thus opening itself to a
counterclaim.
Private respondent’s opinion is untenable. Aside from the privilege of sovereign immunity
established by the DFA, the Holy See is nonetheless immune from suit because the
transaction entered into was not for profit or for gain. It merely wanted to dispose off the same
The above rules are subject to qualification. Express consent is effected only by the because the squatters living there made it almost impossible for petitioner to use it for the
will of the legislature through the medium of a duly enacted statute. 18 We have purpose of the donation (construction of Papal Nuncio’s residence). The fact that squatters
held that not all contracts entered into by the government will operate as a waiver of have occupied and are still occupying the lot, and that they stubbornly refuse to leave the
its non-suability; distinction must be made between its sovereign and proprietary premises, has been admitted by private respondent in its complaint.
acts. As for the filing of a complaint by the government, suability will result only
where the government is claiming affirmative relief from the defendant.
There are two conflicting concepts of sovereign immunity, each widely held and
firmly established. According to the classical or absolute theory, a sovereign cannot,
without its consent, be made a respondent in the courts of another sovereign. Singson filed a money claim against the Highways Auditor General petitioning the latter to be
According to the newer or restrictive theory, the immunity of the sovereign is compelled to pay the balance due to Singson. Sayson failed to pay the corresponding balance
recognized only with regard to public acts or acts jure imperii of a state, but not with to Singson after discovering that the equipment being sold by Singson was overpriced.
regard to private acts or acts jure gestionis (United States of America v. Ruiz)
To state the facts is to make clear the solidity of the stand taken by the Republic.
In the absence of legislation defining what activities and transactions shall be The lower court was unmindful of the fundamental doctrine of non-suability. So it
considered "commercial" and as constituting acts jure gestionis, we have to come was stressed in the petition of the then Solicitor General Makasiar. Thus: "It is
out with our own guidelines, tentative they may be. apparent that respondent Singson's cause of action is a money claim against the
government, for the payment of the alleged balance of the cost of spare parts
supplied by him to the Bureau of Public Highways. Assuming momentarily the
validity of such claim, although as will be shown hereunder, the claim is void for the
Certainly, the mere entering into a contract by a foreign state with a private party
cause or consideration is contrary to law, morals or public policy, mandamus is not
cannot be the ultimate test. Such an act can only be the start of the inquiry. The
the remedy to enforce the collection of such claim against the State..., but an
logical question is whether the foreign state is engaged in the activity in the regular
ordinary action for specific performance... Actually, the suit disguised as one for
course of business. If the foreign state is not engaged regularly in a business or
mandamus to compel the Auditors to approve the vouchers for payment, is a suit
trade, the particular act or transaction must then be tested by its nature. If the act is
against the State, which cannot prosper or be entertained by the Court except with
in pursuit of a sovereign activity, or an incident thereof, then it is an act jure imperii,
the consent of the State
especially when it is not undertaken for gain or profit.
Republic v. Purisima
In the case at bench, if petitioner has bought and sold lands in the ordinary course
of a real estate business, surely the said transaction can be categorized as an act (1977)
jure gestionis. However, petitioner has denied that the acquisition and subsequent
disposal of Lot 5-A were made for profit but claimed that it acquired said property for
the site of its mission or the Apostolic Nunciature in the Philippines. Private
respondent failed to dispute said claim. Yellow Bell Freight Lines brought a suit against the Rice and Corn Administration for an
alleged breach of contract. Rice and Corn moved to dismiss the suit by using the doctrine of
state immunity. Respondent judge dismissed the motion to dismiss. The SC held that the
courts do not have jurisdiction to pass upon the merits of the claims against any office or entity
WAIVER OF IMMUNITY acting as part of the machinery of the national government.
Sayson v. Singson Express waiver of immunity cannot be made by a mere counsel of the government but must
be effected through a duly-enacted statute. Neither does such answer come under the implied
(1973)
forms of consent as earlier discussed.
Amigable v. Cuenca observance of procedural regularity, petitioners would not be in the sad plaint they
are now. It is unthinkable then that precisely because there was a failure to abide by
(1972) what the law requires, the government would stand to benefit. It is just as important,
if not more so, that there be fidelity to legal norms on the part of officialdom if the
rule of law were to be maintained. It is not too much to say that when the
The government used a portion of the land owned by Amigable for the construction of the government takes any property for public use, which is conditioned upon the
Mango and Gorordo Avenues without prior negotiation/expropriation. Amigable sues Cuenca payment of just compensation, to be judicially ascertained, it makes manifest that it
in his capacity as Commissioner of Public Highways seeking payment for the appropriated submits to the jurisdiction of a court. There is no thought then that the doctrine of
land. The court ruled in favor of the state by virtue of applying state immunity. However, the immunity from suit could still be appropriately invoked."
SC set aside the lower courts decision on the basis that “immunity from suit cannot serve as
an instrument for penetrating an injustice on a citizen.”
Santiago v. Republic
(1978)
Ministerio v. City of Cebu
(1971)
Santiago filed an action in the CFI naming as defendant the Government of the Republic of
the Philippines represented by the Director of the Bureau of Plant Industry (BPI). His plea was
Petitioners seek just compensation for a registered lot alleging that the government took for the revocation of a deed of donation executed by him and his spouse in 1971, with the BPI
physical and material possession of it and used it for the widening of Gorodo Ave. in Cebu as the donee. Petitioner alleges that the donee failed to comply the terms of the donation.
City. CFI dismissed the case on the ground of immunity of the state to be sued without its Petitioner then is led to conclude that he was exempt from compliance with such an explicit
consent. constitutional command, which prohibits a suit against the Republic without its consent. The
issue is WON the RP gave its consent when it accepted the terms of donation given by
The SC held that: where the government takes away property from a private landowner for Santiago, thereby allowing itself to be sued based on the high dictates of equity and justice.
public use without going through the legal process of expropriation or negotiated sale, the
aggrieved party may properly maintain a suit against the government without thereby violating
the doctrine of governmental immunity from suit without its consent. The SC there said:
In the case at bar, the Republic, as donee, gave its implied consent to perform the
conditions of the donation. In such a case as this, the court held that the donor, with
the Republic as donee, is entitled to go to court in case of an alleged breach of the
". . . If the constitutional mandate that the owner be compensated for property taken conditions of such donation. He (the donor) has the right to be heard. Under the
for public use were to be respected, as it should, then a suit of this character should circumstances, the fundamental postulate of non-suitability cannot stand in the way.
not be summarily dismissed. The doctrine of governmental immunity from suit The government being the beneficiary manifests its adherence to the highest ethical
cannot serve as an instrument for perpetrating an injustice on a citizen. Had the standards, which can only be ignored at the risk of losing the confidence of the
government followed the procedure indicated by the governing law at the time, a people.
complaint would have been filed by it, and only upon payment of the compensation
fixed by the judgment, or after tender to the party entitled to such payment of the
amount fixed, may it have the right to enter in and upon the land so condemned, to
Lim v. Brownell
appropriate the same to the public use defined in the judgment.' If there were an
(1960)
Republic v. Villasor
Lim is claiming ownership over certain lots of land that were reclaimed by the US government (1973)
and subsequently, turned over to the RP. Lim claims these lands originally belong to his
deceased mother but were illegally possessed by Japanese troops. The US was able to take
possession of said lands after the war by virtue of the Trading with the Enemy Act.
Respondent Judge Villasor is alleged to have acted in excess of jurisdiction [or] with grave
abuse of discretion amounting to lack of jurisdiction in granting the issuance of an alias writ of
execution against the properties of the Armed Forces of the Philippines, and thus, the Alias
The immunity of the state from suit, however, cannot be invoked where the action, as Writ of Execution and notices of garnishment issued pursuant thereto are null and void. What
in the present case, is instituted by a person who is neither an enemy or ally of an was done by respondent Judge is not in conformity with the dictates of the Constitution.
enemy for the purpose of establishing his right, title or interest in vested property, and
of recovering his ownership and possession. Congressional consent to such suit has
expressly been given by the United States.
It is a fundamental postulate of constitutionalism flowing from the juristic concept of
sovereignty that the state as well as its government is immune from suit unless it
gives its consent. It is readily understandable why it must be so. In the classic
United States v. Ruiz formulation of Holmes: "A sovereign is exempt from suit, not because of any formal
conception or obsolete theory, but on the logical and practical ground that there can
(1985) be no legal right as against the authority that makes the law on which the right
depends."
Respondent was able to win a bid for a project for the repair of the wharves/shoreline of the
Subic Bay Area. Petitioner asked for a quotation but later on denied the respondent the project Sociological jurisprudence supplies an answer not dissimilar. So it was indicated in a
stating that the respondent was not qualified. The latter files suit for awarding the project to recent decision, Providence Washington Insurance Co. v. Republic of the
him and for damages as well. Philippines, with its affirmation that "a continued adherence to the doctrine of non-
suability is not to be deplored for as against the inconvenience that may be caused
private parties, the loss of governmental efficiency and the obstacle to the
The restrictive application of State immunity is proper only when the proceedings performance of its multifarious functions are far greater if such a fundamental
arise out of commercial transactions of the foreign sovereign, its commercial principle were abandoned and the availability of judicial remedy were not thus
activities or economic affairs. Stated differently, a State may be said to have restricted. With the well known propensity on the part of our people to go to court, at
descended to the level of an individual and can thus be deemed to have tacitly given the least provocation, the loss of time and energy required to defend against law
its consent to be sued only when it enters into business contracts. It does not apply suits, in the absence of such a basic principle that constitutes such an effective
where the contract relates to the exercise of its sovereign functions. In this case the obstacle, could very well be imagined."
projects are an integral part of the naval base which is devoted to the defense of
both the United States and the Philippines, indisputably a function of the
government of the highest order; they are not utilized for nor dedicated to Justice Malcolm: "A rule, which has never been seriously questioned, is that money
commercial or business purposes. in the hands of public officers, although it may be due government employees, is not
liable to the creditors of these employees in the process of garnishment. One The NIA group was on its way to a campsite. In a hurry to reach their destination, they ran
reason is, that the State, by virtue of its sovereignty, may not be sued in its own over someone and did not even stop to check what happened. It turned out to be the son of
courts except by express authorization by the Legislature, and to subject its officers herein respondents who subsequently filed suit. NIA avers that they were an agency of the
to garnishment would be to permit indirectly what is prohibited directly. Another government and therefore not liable for the acts of the driver who was a special agent. The SC
reason is that moneys sought to be garnished, as long as they remain in the hands ruled, however, that the NIA is a government agency with juridical personality that is separate
of the disbursing officer of the Government, belong to the latter, although the and distinct from the government. Therefore it is not immune from suit. Besides, the NIA’s
defendant in garnishment may be entitled to a specific portion thereof. And still charter specifically allows the NIA to sue and be sued.
another reason which covers both of the foregoing is that every consideration of
public policy forbids it."
SUITABILITY V. LIABILITY
(1993)
Plaintiff Merritt on a motorcycle collided with an ambulance which did not warn of its
impending approach. As the negligence which caused the collision is a tort committed by an
Baliwag Bus and an express train collided resulting to death and damages. Baliwag sues agent or employee of the Government, the inquiry at once arises whether the Government is
PNR; but PNR raises the defense that it was the bus driver who was negligent and the legally liable for the damages resulting therefrom. The government, by no less than an Act,
doctrine of state immunity exempts them from suit. IAC ruled in favor of Baliwag, hence this authorized Merritt to bring suit in the CFI Manila in order to fix the responsibility for the
appeal. collision between his motorcycle and the ambulance of the General Hospital.
Although PNR is a government formed department, PNR engages in a purely commercial Did the government simply waive its immunity from suit or did it also concede its liability to the
action. PNR was created not to discharge a governmental function but to operate a transport plaintiff?
service which is essentially a business concern. When the government enters in a commercial
business, it abandons its sovereign capacity and is to be treated like any other private
corporation.
Paragraph 5 of article 1903 of the Civil Code reads: “The state is liable in this sense
when it acts through a special agent, but not when the damage should have been
caused by the official to whom properly it pertained to do the act performed, in which
National Irrigation Administration v. Fontanilla case the provisions of the preceding article shall be applicable." It is, therefore,
evident that the State (the Government of the Philippine Islands) is only liable,
(1991) according to the above quoted decisions of the Supreme Court of Spain, for the acts
of its agents, officers and employees when they act as special agents within the
meaning of paragraph 5 of article 1903, supra, and that the chauffeur of the GOVERNMENT STRUCTURE PHILCONSA (Philippine Constitution
ambulance of the General Hospital was not such an agent. Association), on the other hand, prayed
that the decision in this case be deferred
until an identical case pending (which was
AMENDMENTS AND REVISIONS 78
expected soon) was decided on.
COMELEC dismissed the petition which
instigated the association’s filing of a
Gonzales v. COMELEC review by certiorari. SolGen maintains
that the SC has no jurisdiction upon the
November 9, 1967, Concepcion, C.J. ground that the same is "merely political"
as held in Mabanag vs. Lopez Vito.
Facts:
The House of Representatives passed a It was urged by the petitioners that said
bill which allowed for proposals in resolutions are null and void because:
Resolution 1 (increasing max number of
representatives from 120-180) and
Resolution 3 ( authorizing Senators and
1. The Members of Congress, which
Representatives to be delegates in a approved the proposed amendments, as
constitutional convention) to be passed. well as the resolution calling a convention
This was subsequently approved by the to propose amendments, are, at best, de
President as R.A. 4913 which provided facto Congressmen;
for amendments to be made subject to
the people’s approval at the general
elections of Nov. 1967.
2. Congress may adopt either one of two
alternatives propose — amendments or
call a convention therefore but may not
Gonzales, a taxpayer, filed a class suit avail of both — that is to say, propose
and prayed that: (1) COMELEC restrain amendment and call a convention — at
from performing acts that would result in the same time;
the holding of the plebiscite for
ratification; and (2) declare the Act
unconstitutional.
3. The election, in which proposals for
amendment to the Constitution shall be
submitted for ratification, must be a
special election, not a general election, in
78
No digests for the first two sections of which officers of the national and local
this chapter: Separation of Powers and the governments — such as the elections
Non-Delegation Doctrine
scheduled to be held on November 14, Yes. "The judicial department is the only determination of which is beyond judicial apportionment does not justify, however,
1967 — will be chosen; and constitutional organ which can be called review. the conclusion that failure to comply with
upon to determine the proper allocation of such obligation rendered Congress illegal
powers between the several departments or unconstitutional, or that its Members
and among the integral or constituent have become de facto officers.
4. The spirit of the Constitution demands In short, the issue whether or not a
units thereof." – Dr. Jose P. Laurel,
that the election, in which proposals for Resolution of Congress — acting as a
Angara v. Electoral Commission.
amendment shall be submitted to the constituent assembly — violates the
people for ratification, must be held under Constitution essentially justiciable, not On the argument of the petitioners that
such conditions — which, allegedly, do political, and, hence, subject to judicial Congress may only amend or call a
not exist — as to give the people a review, and, to the extent that this view convention but not do both, the SC ruled
reasonable opportunity to have a fair The force of the precedent in Mabanag
vs. Lopez Vito declaring the issue to be may be inconsistent with the stand taken that this was a question of wisdom and
grasp of the nature and implications of
said amendments. “merely political” has been weakened by in Mabanag vs. Lopez Vito, the latter not authority and hence was a political
Suanes vs. Chief Accountant of the should be deemed modified accordingly. question.
Senate, Avelino vs. Cuenco, Tañada vs. The Members of the Court are unanimous
Cuenco, and Macias vs. Commission on
on this point.
Elections. In the first, we held that the
Senator Arturo Tolentino objected to the
officers and employees of the Senate On the choice between a special election
PHILCONSA petition on the following Electoral Tribunal are under its and a general election, a majority of the
grounds: a) that the Court has no supervision and control, not of that of the
(2) WON R.A. 4913 is unconstitutional. SC, but not enough to constitute a
jurisdiction either to grant the relief sought Senate President, as claimed by the
latter; in the second, this Court proceeded qualified majority needed to declare a law
in the petition, or to pass upon the legality
to determine the number of Senators unconstitutional, was of the view that the
of the composition of the House of
necessary for a quorum in the Senate; in spirit of the Constitution demanded that
Representatives; b) that the petition, if No, it is constitutional. Even though it is
the third, we nullified the election, by “election” be read as “special election” in
granted, would, in effect, render in Senators belonging to the party having urged that the Congress became
order that the transcendental importance
operational the legislative department; the largest number of votes in said unconstitutional because the
of a constitional amendment could
and c) that "the failure of Congress to chamber, purporting to act on behalf of Apportionment Act was deemed illegal
command the undivided attention of the
enact a valid reapportionment law . . . the party having the second largest (act was not made according to the
number of votes therein, of two (2) electorate. The minority but prevailing
does not have the legal effect of number of inhabitants of the different
Senators belonging to the first party, as view, however, said:
rendering illegal the House of provinces of the Philippines), this
members, for the second party, of the,
Representatives elected thereafter, nor of argument isn’t tenable. Failure to make
Senate Electoral Tribunal; and in the
rendering its acts null and void." fourth, we declared unconstitutional an the apportionment does not dissolve
act of Congress purporting to apportion Congress or makes it illegal. “This, certainly, is a situation to be hoped
the representative districts for the House for. It is a goal the attainment of which
of Representatives, upon the ground that should be promoted. The ideal conditions
Issues/ Held/Ratio: the apportionment had not been made as are, however, one thing. The question
may be possible according to the number On the argument that the acting congress
(1) WON the SC has jurisdiction. whether the Constitution forbids the
of inhabitants of each province. Thus we was unconstitutional because it failed to
submission of proposals for amendment
rejected the theory, advanced in these apportion itself within three years, this is
four (4) cases, that the issues therein to the people except under such
untenable. The fact that Congress is
raised were political questions the conditions, is another thing. Much as the
under legal obligation to make said
writer and those who concur in this
opinion admire the contrary view, they October 16, 1971, Barredo, J. date set by the Convention for the contained in Organic Resolution No. 1
find themselves unable to subscribe plebiscite it is calling, being nigh, We will and is thus unconstitutional.
thereto without, in effect, reading into the refrain from making any pronouncement
Constitution what they believe is not or expressing Our views on this question
Facts:
written thereon and can not fairly be until a more appropriate case comes to
Yes. “The Court holds that there is [a
deduced from the letter thereof, since the After the Constitional Convention of 1971 Us. After all, the basis of this decision is
violation], and it is the condition and
spirit of the law should not be a matter of came into being and after its election of as important and decisive as any can be.”
limitation that all the amendments to be
sheer speculation. “ delegates, the convention, on Sept. 28, proposed by the same Convention must
1971, approved its first formal proposal to be submitted to the people in a single
amend the Constitution by Organic ARTICLE XV "election" or plebiscite. It being
On the issue of insufficiency of the Resolution No. 1 (Lowering the Voting AMENDMENTS indisputable that the amendment now
publicity and time for discussion afforded Age to 18 in Article V). Arturo M. Tolentino proposed to be submitted to a plebiscite
by the mechanism of ratification provided filed a petition for prohibition to restrain is only the first amendment the
by the legislature, again the minority but COMELEC from holding a plebiscite on Convention will propose We hold that the
November 8 at which the proposed SECTION 1. The
prevailing opinion said: plebiscite being called for the purpose of
amendment could be ratified by the Congress in joint session
submitting the same for ratification of the
people. assembled, by a vote of
people on November 8, 1971 is not
three-fourths of all the
authorized by Section 1 of Article XV of
“We do not believe it has been Members of the Senate
the Constitution, hence all acts of the
satisfactorily shown that Congress has and of the House of
Issues/ Held/Ratio: Convention and the respondent
exceeded the limits thereof in enacting Representatives voting
COMELEC in that direction are null and
Republic Act No. 4913. Presumably, it separately may propose
(1) WON only Congress can call a void.”
could have done something better to amendments to this
plebiscite for ratification of amendments.
enlighten the people on the subject- Constitution or call a
matter thereof. But, then, no law is convention for the
perfect. No product of human endeavor is purpose. Such Barredo reasoned out his grammatical
beyond improvement. Otherwise, no The SC chose not to answer the question amendments shall be valid argument by saying that partial
legislation would be constitutional and on whether or not the power to call a as part of this Constitution amendments do not reflect a study of the
valid.”79 plebiscite was exclusively legislative. “In when approved by a whole Constitution in its entirety which is
the view the Court takes of the present majority of the votes cast necessary in order to amend a fragment
case, it does not perceive absolute at an election at which the or portion of its parts. Thus, a single
necessity to resolve that question, grave amendments are election of these amendments ensures
and important as it may be Truth to tell, submitted to the people for that all the proposed and accepted
the lack of unanimity or even of a their ratification. amendments are compatible with the
Tolentino v. COMELEC
consensus among the members of the entire Constitution and not just within the
79
Despite this decision of the SC which Court in respect to this issue creates the provision’s scope.
cleared the way for the plebiscite, the need for more study and deliberation, and
plebiscite nevertheless, overwhelmingly, (2) WON Sec. 1 Article XV is violated by
as time is of the essence in this case, for
rejected Resolutions 1 and 3. – Mars. the act of the Convention in calling for a
obvious reasons, November 8, 1971, the
plebiscite on the sole amendment
“We are not denying any right of the Issues/ Held/Ratio: amended in part or revised or totally from whom such constituent power
people to vote on the proposed changed would become immaterial the has been withheld.
amendment; We are only holding that (1) WON the 1973 Constitution is the moment the same is ratified by the
under Section 1, Article XV of the fundamental law of the land. sovereign people.”
Constitution, the same should be
submitted to them not separately from but 2. As restated by me in the 1977
together with all the other amendments to case of Hidalgo, under the
Yes. It is too late to deny the applicability Regarding the issue of votes necessary to controlling doctrine of Tolentino, the
be proposed by this present Convention.” of the 1973 Constitution. This was already propose amendments as well as the October 1976 constitutional
decided on by a 6-4 vote in Javellana v. standard for proper submission, amendments which created the
Executive Secretary. “There is no further petitioners have not made out a case that Interim Batasang Pambansa in lieu
obstacle to the new constitution being of the Interim National Assembly
calls for a judgment in their favor. The
considered in force and effect.” were invalid since as ruled by the
language of the Constitution supplies the Court therein, constitutional
answer to the above questions. The provisions on amendments "dealing
Interim Batasang Pambansa, sitting as a with the procedure or manner of
constituent body, can propose amending the fundamental law are
(2) WON the Batasang Pambansa has
amendments. In that capacity, only a binding upon the Convention and the
the power to propose amendments: other departments of the government
majority vote is needed. It would be an
(and) are no less binding upon the
indefensible proposition to assert that the people" and "the very Idea of
three-fourth votes required when it sits as deparcing from the fundamental law
Yes it does. The existence of the power of a legislative body applies as well when it is anachronistic in the realm of
the Interim Batasang Pambansa is has been convened as the agency constitutionalism and repugnant to
indubitable. The applicable provision in through which amendments could be the essence of the rule of law." The
the 1976 Amendments is quite explicit. proposed. proposed amendments at bar having
Occena v. COMELEC Insofar as pertinent it reads thus: "The been adopted by the Interim
Interim Batasang Pambansa shall have Batasang Pambansa as the fruit of
April 2, 1981, Fernando, C.J. the invalid October, 1976
the same powers and its Members shall
Teehankee, J. (Dissenting): amendments must necessarily suffer
have the same functions, responsibilities, from the same congenital infirmity.
rights, privileges, and disqualifications as
1. Under the prevailing doctrine of
Facts: the interim National Assembly and the
Tolentino vs. Comelec that the
regular National Assembly and the
Occena and Gonzales filed an action of proposed amendments to be valid
Members thereof." One of such powers 3. Prescinding from the foregoing
prohibition against the validity of three must come from the constitutional
is precisely that of proposing and assuming the validity of the
Batasang Pambansa Resolutions agency vested with the constituent
amendments. proposed amendments, I reiterate
proposing constitutional amendments, power to do so, i.e. in the Interim
my stand in Sanidad that the
thereby implying the assertion that the National Assembly provided in the
doctrine of fair and proper
1973 Constitution is not the fundamental Transitory Article XVII which would
submission firs enunciated by a
law, regardless of the recent Javellana Petitioners would argue that the then have to be convened and not
simple majority of six Justices (of an
ruling. amendments proposed are so extensive from the executive power as vested
eleven member Court prior to the
as to constitute a revision. “At any rate, in the President (Prime Minister)
1973 Constitution which increased
whether the Constitution is merely
the official composition of the Court the people, an expression of their amendments no matter how
to fifteen) in Gonzales vs. Comelec sovereign will – is that it can only be prejudicial it is to them, then so be it.
and subsequently officially adopted amended by the people expressing For the people decree their own
by the required constitutional two- themselves according to the fate."
thirds majority vote of the Court (of procedure ordained by the
eight votes, then) in Tolentino is fully Constitution. Therefore,
applicable in the case at bar. The amendments must be fairly laid
Justice Sanchez therein ended the
three resolutions proposing complex, before the people for their blessing
passage with an apt citation that "...
complicated and radical or spurning. The people are not to be
The great men who builded the
amendments of our very structure of mere rubber stamps. They are not to
structure of our state in this respect
government were considered and vote blindly. They must be afforded
had the mental vision of a good
approved by the Interim Batasang ample opportunity to mull over the
Constitution voiced by Judge Cooley,
Pambansa sitting as a constituent original provisions, compare them
who has said 'A good Constitution
assembly on February 27, 1981. It with the proposed amendments, and
should be beyond the reach of
set the date of the plebiscite for try to reach a conclusion as the
temporary excitement and popular
thirty-nine days later on April 7, 1981 dictates of their conscience suggest,
caprice or passion. It is needed for Almario v. Alba
which is totally inadequate and far free from the incubus of extraneous
stability and steadiness; it must yield
short of the ninety-day period fixed or possibly insidious influences. We
to the thought of the people; not to January 25, 1984, Gutierrez, Jr., J.
by the Constitution for submittal to believe the word 'submitted' can only
the whim of the people, or the
the people to "sufficiently inform mean that the government, within its
thought evolved in excitement, or hot
them of the amendments to be voted maximum capabilities, should strain
blood, but the sober second thought,
upon, to conscientiously deliberate every short to inform every citizen of Facts:
which alone if the government is to
thereon and to express their will in a the provisions to be amended, and
be safe, can be allowed efficacy ... The Filipino electorate will go to the polls
genuine manner." the proposed amendments and the
Changes in government are to be to approve or reject amendments to the
meaning, nature and effects
feard unless benefit is certain.' As Constitution proposed by resolutions of
thereof. ... What the Constitution in
Montaign says: 'All great mutation the Batasang Pambansa. Petitioners seek
effect directs is that the government,
4. "The minimum requirements that shake and disorder a state. Good to delay the date of ratification/rejection in
in submitting an amendment for
must be met in order that there can does not necessarily succeed evil; order to give ample time to study the
ratification, should put every
be a proper submission to the people another evil may succeed and a ramifications of the two questions stated
instrumentality or agency within its
of a proposed constitutional worse."' in Question No. 3 and No. 4 .
structural framework to enlighten the
amendment" as stated by retired
people, educate them with respect to
Justice Conrado V. Sanchez in his
their act of ratification or rejection.
separate opinion in Gonzales bears
For, as we have earlier stated, one Issues/ Held/Ratio:
repeating as follows: "... we take the
thing is submission and another is
view that the words 'submitted to the
ratification. There must be fair (1) WON Questions No. 3 and No. 4 have
people for their ratification,' if
submission, intelligent consent or been properly submitted to the people.
construed in the light of the nature of
rejection. If with all these safeguards
the Constitution – a fundamental
the people still approve the
charter that is legislation direct from
Yes. The Constitution provides, under wisdom of the proposed amendments, (21 SCRA 774, 817), the people
Sec. 2, Art. 16, a period of three months their desirability, or the danger of the must be "sufficiently informed of the
for an information campaign regarding the power being abused. The issue is amendments to be voted upon, to
intended amendments. The sufficiency of
whether or not the voters are aware of the conscientiously deliberate thereon,
the period during which amendments are
submitted to the people before they vote wisdom, the desirability, or the dangers of to express their will in a genuine
to either affirm or reject depends on the abuse. The petitioners have failed to manner."
complexity and intricacy of the questions make out a case that the average voter
presented. The petitioners have failed to does not know the meaning of "grant" of
show that the addition of the one word public land or of "urban land reform."
"grant" to Section 11, Article XIV or that
the addition of two paragraphs including
one on urban land reform to Section 12 of
Article XIV result in amendments of such Teehankee, J. (Dissenting):
nature that when the people go to the
polls on January 27, 1984 they cannot The doctrine of fair and proper
arrive at an intelligent judgment on their submission to the people of
acceptability or non-acceptability.
proposed constitutional amendments
FUNDAMENTAL PRINCIPLES Mindanao to, along with the AFP, take
as enunciated by the Court in
part in the “Balikatan 02-1” exercises. The
Tolentino vs. Comelec (41 SCRA AND next month, the Senate, after conducting
More important, however, is that the 702, 729) mandates that "in order
a hearing on the military exercise,
necessity, expediency, and wisdom of the that a plebiscite for the ratification of STATE POLICIES
approved the Draft Terms of Reference
proposed amendments are beyond the an amendment to the Constitution
upon presentation by then VP Guingona.
power of the courts to adjudicate. may be validly held, it must provide
Precisely, whether or not "grant" of public the voter not only sufficient time, but
Lim v. Executive Secretary 80
land and "urban land reform" are unwise ample basis for an intelligent
or improvident or whether or not the appraisal of the nature of the 2002, De Leon, Jr. J Petitioners Lim and Ersando filed this
proposed amendments are unnecessary amendment per se as well as its petition for certiorari and prohibition
is a matter which only the people can relation to the other parts of the attacking the constitutionality of the joint
decide. The questions are presented for Constitution with which it has to form exercise. They filed suit as citizens,
a harmonious whole." There must be Two years after the VFA was approved in lawyers and taxpayers. Two party-list
their determination. Assuming that a
fair submission and intelligent 1999, the terrorist attacks 9/11 prompted intervenors, SANLAKAS and PARTIDO
member or some members of this Court
consent or rejection. America to declare an international NG MANGAGAWA, aver that some of
may find undesirable any additional mode
terrorist campaign. Pres. GMA pledged their members are residents of
of disposing of public land or an urban
the country’s support to the endeavor. Zamboanga and Sulu and thus are
land reform program, the remedy is to
vote "NO" in the plebiscite but not to directly affected by operations conducted
As the late Justice Conrado V.
substitute his or their aversion to the in Mindanao.
Sanchez stressed in his separate
proposed amendments by denying to the opinion in the earlier case of On January 2002, members of the USAF
millions of voters an opportunity to Gonzales vs. Comelec, concurred in (United States Armed Forces) arrived in
express their own likes or dislikes. The by the late Chief Justice Fred Ruiz They argue (a) that the Abu-Sayyaf
80
issue before us has nothing to do with the A lot of dissenting opinions. Too lazy.
Castro and Justice Calixto Zaldivar, Will get back to them when I have time. bandits do not constitute an external
armed force and thus, the Philippines is according to the rules of evidence. WON
not subject to armed external attack Pres. GMA is engaged in doublespeak
contemplated in the MDT (mutual defense No. Petitioners claim that it violates the involves a question of fact… the question Labor Arbiter subsequently dismissed the
treaty) of 1951 to warrant US military Renunciation Clause of the Constitution is thus not fit for a special civil action for claim made by the petitioner. With their
assistance. They also claim that the VFA (The Philippines renounces war as an certiorari. motion for reconsideration denied, they
signed in 1999 does not authorize US instrument of national policy) but neither proceeded to appeal with NLRC which
soldiers to engage in combat operations the MDT nor the VFA allow foreign troops affirmed the Labor Arbiter’s decision.
in Philippine territory, not even to fire back to engage in an offensive war on Without seeking a reconsideration of the
Philippine territory. The VFA permits the Petition is thereby dismissed. resolution, they filed an instant petition for
if fired upon.
USAF to engage, on an impermanent certiorari in the SC.
basis, in “activities”. The word was used
to give leeway in negotiation by both
Lasco, et. al. v. UNRFNRE
parties. In this manner, the US may
Petitioners argued that the acts of mining
sojourn in the Philippines for purposes Feb. 23, 1995, Quiason, J. exploration and exploitation are outside
other than military. Combat-related
the official functions of an international
activities, as opposed to combat, are
agency protected by diplomatic immunity.
authorized by the MDT and the VFA.
Facts: Even assuming that private respondent
was entitled to diplomatic immunity,
Issues/Held/Ratio: Lasco, et. al were dismissed from the petitioners insisted that private
Although international laws are adhered United Nations Revolving Fund for respondent waived it when it engaged in
(1) WON petitioners have legal standing. to, as expressed by the Indoctrination Natural Resources Exploration exploration work and entered into a
Clause, it does not imply primacy of (UNRFNRE), which is a special fund and contract of employment with petitioners.
international law over national law. The subsidiary organ of the United Nations.
Constitution espouses a view that has The UNRFNRE is involved in a joint
No. They cannot file suit as taxpayers project of the Philippine Government and
marked antipathy towards foreign military
because the military exercise does not Petitioners, likewise, invoked the
presence in the country. The Court, if it the United Nations for exploration work in
involve Congress’ taxing or spending constitutional mandate that the State shall
sees that the treaty runs counter to Dinagat Island. They filed suit with the
powers. Being lawyers does not invest afford full protection to labor and promote
Congress or goes against the Labor Arbiter for illegal dismissal and
them with personality to initiate the case full employment and equality of
fundamental law, can nullify such an damages.
and they have failed to demonstrate the
agreement. But in the case at bar, the
requisite of suffering proximate injury.
question is WON American troops are Foreign Affairs dated August 26, 1991,
Issues raised premature and based on a
engaged in combat alongside Filipino which acknowledged its immunity from
fear of future violations of the Terms of Respondent UNRFNRE filed a motion to suit. The letter confirmed that private
soldiers under the guise of alleged
Reference. dismiss claiming the Labor Arbiter had no respondent, being a special fund
training and exercise. The Court cannot administered by the United Nations, was
jurisdiction because the respondent
answer this question because it lacks covered by the 1946 Convention on the
enjoyed diplomatic immunity (citing the
sufficient information. Newspapers or Privileges and Immunities of the United
1946 Convention on the Privileges and Nations of which the Philippine
(2) WON the “Balikatan” exercises violate electronic reports per se cannot be
Immunities of the United Nations).81 Government was an original signatory
the Constitution. considered apt support for petitioner’s (Rollo, p. 21).
81
allegations. Facts must be established In support thereof, private respondent
attached a letter from the Department of
employment opportunities for all (1987 case at bench (Convention on the a 2nd petitition for habeas corpus by Boris
Constitution, Art. XIII, Sec. 3). Privileges and Immunities of the Mejoff (a Russian who was brought to the
Issues/Held/Ration: Specialized Agencies of the United country from Shanghai as a secret
Nations, Art. III, Sec. 4). operative by the Japanese)
WON the respondent is immune by virtue
The Office of the Solicitor General is of of its diplomatic status.
the view that private respondent is
covered by the mantle of diplomatic Private respondent is not engaged in a Facts:
immunity. Private respondent is a commercial venture in the Philippines. Its
As a matter of state policy as expressed Mejoff was arrested as a Japanese spy
specified agency of the United Nations. presence here is by virtue of a joint
in the Constitution, the Philippine upon Phil liberation by the US Counter
Under Article 105 of the Charter of the project entered into by the Philippine
Government adopts the generally Intelligence Corps; he was handed to the
United Nations.82 Government and United Nations for
accepted principles of international law Commonwealth for disposition according
mineral exploration in Dinagat Island. Its
82
"1. The Organization shall enjoy in the
(1987 Constitution, Art. II, Sec. 2). Being to Commonwealth Act No. 682. The
mission is not to exploit our natural
territory of its Members such privileges and a member of the United Nations and a People’s Court later released him.
resources and gain pecuniarily thereby
immunities as are necessary for the party to the Convention on the Privileges
fulfillment of its purposes. but to help improve the quality of life of
and Immunities of the Specialized
the people, including that of petitioners.
Agencies of the United Nations, the
Philippine Government adheres to the The Deportation Board found that he had
"2. Representatives of the Members of doctrine of immunity granted to the United no travel documents and was thus an
the United Nations and officials of the
Nations and its specialized agencies. This is not to say that petitioners have no illegal alien.
Organization shall similarly enjoy such
privileges and immunities as are necessary Both treaties have the force and effect of recourse. Section 31 of the Convention
for the independent exercise of their law. on the Privileges and Immunities of the
functions in connection with the Specialized Agencies of the United
Organization." The Board of Commissioners of
Nations states that "each specialized Immigration declared that he entered the
agency shall make a provision for country illegally in 1944 and was ordered
Our courts can only assume jurisdiction
appropriate modes of settlement of: (a) deported immediately
Corollary to the cited article is the over private respondent if it expressly
disputes arising out of contracts or other
Convention on the Privileges and waived its immunity, which is not so in the
Immunities of the Specialized Agencies of disputes of private character to which the
the United Nations, to which the execution mphasis supplied). specialized agency is a party."
Philippines was a signatory (Vol. 1, Has been in detention ever since (failed
Philippine Treaty Series, p. 621.) We quote attempts to deport him) while authorities
Sections 4 and 5 of Article III thereof:
"Sec. 5. The premises of the specialized
try to make new travel arrangements
agencies shall be inviolable. The property
and assets of the specialized agencies, The Court held that temporary detention
"Sec. 4. The specialized agencies, their wherever located and by whomsoever Mejoff v. Director Of Prisons is a necessary step in the process of
property and assets, wherever located and held, shall be immune from search, expulsion of undesirable aliens and said
by whomsoever held, shall enjoy immunity requisition, confiscation, expropriation and 1951 (Jackie Espenilla) detention for a reasonable length of time
from every form of legal process except any other form of interference, whether by
insofar as in any particular case they have executive, administrative, judicial or is a Government right
expressly waived their immunity. It is, legislative action".
however, understood that no waiver of
immunity shall extend to any measure of
Nature:
No period Art 2, Sec. 3 – the Phils adopts the violates local laws and constitution and
was fixed within which generally accepted principles of (b) because the Phils. is not a signatory of
immigration authorities would international law as part of the law of the the Hague Convention on Rules and
carry out the deportation
Nation regulations covering Land Warfare
“Reasonabl Kuroda v. Jalandoni
e time” depends on the
circumstances (Jackie Espenilla)
Phils was part of UN General Assembly Issues/Held/Ratio:
Issue/Held/ that approved Universal Declaration of
Human Rights. (1) WON EO No. 68 is valid
Nature:
WON Mejoff should be discharged from
custody Said Declaration outlined:
Petition to declare EO No. 68 84 invalid/
All human beings are born free
petition to prohibit proceeding with the Yes. SC says it is valid and constitutional
and equal in rights
Everyone is entitled to the case
Writ will issue commanding petitioner’s freedoms set forth in this
Declaration w/o making any
release w/ terms: shall be placed under Art. 2, Sec. 3 of Consti – Phils. renounces
distinctions
surveillance; will put up a bond as surety Facts: war as an instrument of national policy
Everyone has the right to an
effective remedy by competent and adopts the generally accepted
tribunals for acts violating Kuroda was formerly a Lt. General of the principles of international law as part of
fundamental rights granted to Japanese Army and Commanding the nation
Ratio: him by the Consti or law General of the Japanese forces in the
No one shall be subject to Phils. he is now charged before a military
Non-enemy Foreign nationals against
arbitrary arrest, detention or commission convened by the Chief of
whom no charge has been made other exile Staff of the Armed Forces of the The Hague Convention and Geneva
than the expiry of their permission to stay
Philippines with having failed to discharge Conventions form part of and are wholly
may not be indefinitely kept in detention
his duties 85 based on the generally accepted
Philippine law on immigration was copied
principles of international law.
from US law, thus the reasoning in
Staniszewski v. Watkins applies (writ of
Protection against deprivation of liberty
habeas corpus was sustained. Petitioner Kuroda now petitions SC to establish the
without due process is not limited to
was released w/ condition to inform illegality of EO No. 68 because (a) it Since both US and Japan signed them,
Filipinos (extends to everyone except
immigration officials of his whereabouts their principles form part of our law even if
enemy aliens)83
every month until he can be properly 84
EO No. 68 – established a National War Phils. was not a signatory
deported) Crimes Office prescribing rule and
regulation governing the trial of accused
war criminals.
Phils. was under the sovereignty of the
US at the time the crimes were committed
83 85
Note: Petitioner’s entry in to the Phils letting those in his command to commit so we are equally bound to uphold the
was not unlawful as was brought in by a de Further, petitioner has no pending atrocities and other high crimes against principle
facto belligerent Jap govt (decrees were charges against him and the prospects of civilians and prisoners in violation of the
law) laws and customs of war
bringing any against him are slim and
remote.
Rights and obligations were not erased by Permanently established residence in Issues/Held/Ratio:
assumption of sovereignty Camarines Sur on May 1925
(1) WON declaration of intention to
Remained a resident except become a Filipino citizen is invalid and
from 1942-1945 because he insufficient as a basis for the petition for
International jurisprudence established became an underground naturalization
that all persons who have been guilty of guerilla officer. After the
planning or staging a war, committing liberation, he went back to
Camarines
atrocious crimes and offenses, etc are to
Has resided in Phils. for about Sec. 5 of Revised Naturalization Law –
be held accountable86 25 years
No declaration shall be valid until entry for
permanent residence has been
Married to a Filipina with whom he has a established and a certificate showing the
(2) WON respondents Hussey and Port Kookooritchkin v. Solicitor General date, place and manner of arrival has
son
can participate in prosecuting petitioner’s been issued
case (Jackie Espenilla)
iii. Only a reconstituted
Works as a shop superintendent with declaration was presented as
about 80 Pinoys under him. Gets income the records of the Bureau of
Yes. It is not violative of Consti because Nature: Justice were destroyed
the Military Commission is a special during the battle for the
military tribunal governed by a special law Appeal from a decision of lower court liberation of Manila
and not by ROC which govern civil courts. denying petition for naturalization of Can speak English and Bicol dialect. iv. Even if reconstituted,
Eremes Kookooritchkin declaration is still valid coz
Nothing in EO. 68 which says that Intermingles with Pinoys. Has good moral
proven by other competent
participating lawyers have to be qualified character and believes in the Phil evidence
in the Phils. Common in military tribunals Constitution
that counsels are usually military personal Facts:
(2) WON Kookoo established a legal
Kookoo applied for citizenship under residence in the Phils and WON he can
Applicant could have been chummy with
Commonwealth Act 473 as amended by speak and write in Phil. Languages
Spirit of comity esp. since US is a party in the Japanese but instead, chose to fight
Act 535
interest in guerilla movement
(3) WON Kookoo is really stateless and WON Yamashita may seek writ of habeas
WON he is disqualified from citizenship corpus Articles of War Nos. 12 and 15
Yamashita v. Styer recognized the military Commission
appointed by military command as an
(Jackie Espenilla) Nope. Petition DENIED. appropriate tribunal for the trial and
Lower court is upheld in pronouncing
punishment of offenses against the law of
Kookoo stateless.
the war not ordinarily tried by court
Appellee’s testimony is uncontradicted martial.88
Nature: Untenable. He doesn’t seek discharge
and it is a well known fact that modern
from confinement, just restoration to old
dictatorships have scattered stateless Petition for habeas corpus and prohibition
status as POW
refugees all over the world. against Lt. Gen. Styer (Commanding Further, it is alleged that Spain (Japan’s
General of the US Army Forces) iii. Degree of confinement is a protecting power) as not given due notice
matter of military measure, before trial was begun against petitioner,
beyond jurisdiction of civil contrary to provision of Geneva
Kookoo owes and feels no allegiance to court
Russia Facts: convention.89
iv. Military Commission has
been validly constituted and
Yamashita was the commanding general has jurisdiction over
of the 14th army group of the Japanese petitioner (coz Yamashita fell
Appealed decision is AFFIRMED.87 army in the Phils and is now charged into the hands of the US
before the American military commission army)
IBP v. Zamora
for committing heinous acts against
Americans and Pinoys 88
Under Par. 356 of the Rules of the Land Yamashita is charged with permitting
Warfare, a Military Commission for the atrocities like rape of young girls,
massacre of noncombatants, destruction of
trial and punishment of war criminals
property – offenses described in Par. 347 of
Was originally classified as prisoner of must be designated by the belligerent (the the Rules of Land Warfare
war but was later changed to war criminal belligerent’s representative in this case is
Styer) 89
Nothing in Convention saying that notice
is a prerequisite to the jurisdiction of
Yamashita now wants to be changed military commissions appointed by
victorious belligerent. Spain has also
87
Jackie: Kookoo is Pinoy! back to prisoner of war and that the According to the Regulations Governing
severed diplomatic relation with Japan
the Trial of War Criminals in the Pacific,
August 15, 2000, Kapunan, J. (2) WON the President’s decision is chief powers in times of emergency or to Court rules that there is no breach. The
subject to judicial review. leading the State against external and joint exercise merely constitutes a
internal threats to its existence. The permissible use of military assets for
President is not only clothed with civilian law enforcement; military
Facts:
extraordinary powers in times of participation in the conduct of joint
Yes. When the President calls out the
IBP alleged that Erap, in ordering the emergency, but is also tasked with visibility patrols is appropriately
military to prevent or suppress lawless
military deployed in Manila, committed attending to the day-to-day problems of circumscribed as evidenced by the LOI.
violence, the Court cannot question the
grave abuse of discretion because: (a) no maintaining peace and order and Furthermore, leadership is vested in the
wisdom or substitute its own. However, it
emergency existed, and thus no military ensuring domestic tranquility in times PNP, a civilian institution, and their
can still conduct an examination on
deployment was warranted; and (b) when no foreign foe appears on the assigned role specifically gives them the
whether such a decision was exercised
through Letters of Instruction formulated horizon. Wide discretion, within the responsibility of directing and managing
within permissible constitutional limits or
by the head of the national police, the bounds of law, in fulfilling presidential the deployment of the marines.
whether or not it was exercised
joint exercise of ‘Task Force Tulungan’ (as duties in times of peace is not in any way
constituting grave abuse of discretion.
visibility patrols) conducted by the diminished by the relative want of an
marines and the PNP was a violation of emergency specified in the commander-
There is no incursion of the military
civilian supremacy because the task of in-chief provision. For in making the
because the marines weren’t incorporated
law enforcement was civilian in nature. In lieu of such a decision made by the President commander-in-chief the
or enlisted as members of the PNP - the
President, it is incumbent for the enumeration of powers that follow cannot
marines, in effect, merely provided
petitioners to show that the decision was be said to exclude the President’s
assistance in these visibility patrols;
without factual basis. No evidence of such exercising as Commander-in-Chief
Issues/ Held/Ratio: hence, such deployment does not destroy
nature was adduced. powers short of the calling of the armed
the civilian character of the PNP.
forces, or suspending the privilege of the
(1) WON the IBP has standing.
writ of habeas corpus or declaring martial
law, in order to keep the peace, and
(3) WON grave abuse of discretion was
maintain public order and security.” As evidenced by the long history of
committed in calling out the military when
No. They failed to present a specific and military and civilian agencies working in
no emergency existed.
substantial interest in the resolution of the tandem with each other, the joint visibility
case. “Upholding the rule of law and the patrols instead of showing the alleged
(4) WON in deploying the marines, the
constitution” is not sufficient to clothe it derogation of civilian supremacy, shows
President violated the civilian supremacy
with standing. This is too general an In the words of the late Justice Irene mutual support and cooperation in the
clause.
interest which is shared by other groups Cortes in Marcos v. Manglapus: deployment of the marines.
and the whole citizenry.
The Rome Statute was signed by the (2) WON the applicable provision is that “The fundamental law is crystalline that
Philippines through the DFA. Its’ stated by the petitioners or that stated by the concurrence of the Senate is
provisions, however, required that it be respondents. mandatory to comply with the strict
subject to ratification, acceptance and constitutional requirements” regardless of
Bayan v. Executive Secretary what provision is deemed applicable.
approval of the signatory states. Pimentel,
as senator, files a petition for mandamus October 10, 2000, Buena, J. When the respondent says that temporary
claiming that the ratification of a treaty visits doesn’t make it a basing
(under domestic and international law) is arrangement and thus invalidates the The only thing to consider now is whether
a function of the Senate, hence, the applicability of Article XIII Sec. 25, the all the requirements of Article XVIII Sec.
Executive Dept. has a duty to transmit the Facts:
Court considers this untenable since the 25 have been complied with:
signed statute to the Senate for Constitution does not make a distinction
The VFA, after being ratified and
ratification. between transient and permanent bases. (a) it must be under a treaty; (b) the treaty
concurred with, was put into effect on
When the respondent avers that said must be duly concurred in by the Senate
June 1, 1999. Petitioners contend that
Article shouldn’t be controlling because and, when so required by congress,
such an agreement is in violation of
ratified by a majority of the votes cast by Facts: extent that it would be detrimental to their marriage. More so, chronic sexual
the people in a national referendum; and upbringing. infidelity, abandonment, gambling and
(c) recognized as a treaty by the other Married businessman Silva cohabited use of prohibited drugs are not grounds
contracting state. with an unmarried actress Gonzales per se, of psychological incapacity of a
without benefit of a marriage. Although spouse.”
they had two children, they eventually
parted ways. Gonzales refused to allow
Petitioners say that there must be Silva to be with the children on weekends. Hernandez v. Court of Appeals
concurrence by the US Senate as well as Silva filed a petition for custodial rights Issues/ Held/Ratio:
illuminated by (c). Respondents claim that before the RTC. Petition was opposed by
the only thing necessary is US recognition WON the instant case with the
the mother of the children on the ground Facts:
of the treaty which was given when the circumstances presented can serve as a
that Silva was a womanizer and a
US Ambassador stated the VFA was ground for psychological incapacity.
gambler and such behavior would have Married for 11 years, wife, former teacher
binding. detrimental effects on the children. The of the husband in college, files petition for
RTC granted visitation rights which annulment on the ground of psychological
Gonzales still contended despite her incapacity for failure to support the family No. In the instant case, other than her
The Court says : “To require the other marrying a Dutch national and emigrating and contribute to the management of the self-serving declarations, petitioner failed
contracting state, the United States of to Holland with the children. The CA ruled household. She alleges that he spent to establish the fact that at the time they
America in this case, to submit the VFA to in favor of Gonzales because it saw that most of his time drinking with his friends were married, private respondent was
the United States Senate for concurrence the rotation of custody would not be and that because of his extramarital suffering from a psychological defect
pursuant to its Constitution, is to accord conducive to the welfare of the children. relations, he infected her with an STD – which in fact deprived him of the ability to
strict meaning to the phrase.” testament to which was confinement of assume the essential duties of marriage
both parties in a hospital for treatment. and its concomitant responsibilities. As
RTC dismissed the petition saying: “The the Court of Appeals pointed out, no
Court can underscore the fact that the evidence was presented to show that
“Well-entrenched is the principle that the circumstances mentioned by the private respondent was not cognizant of
words used in the Constitution are to be petitioner in support of her claim that the basic marital obligations.
given their ordinary meaning except respondent was "psychologically
where technical terms are employed, in incapacitated" to marry her are among the
which case the significance thus attached Issues/ Held/Ratio: grounds cited by the law as valid reasons
to them prevails. Its language should be for the grant of legal separation (Article 55
understood in the sense they have in WON visitations right should be granted. of the Family Code) - not as grounds for a
common use.” PT&T v. NLRC
declaration of nullity of marriages or
annulment thereof.” CA affirmed the
Yes. The Constitution doesn’t specifically decision of the RTC citing Santos v. CA:
mandate the “natural and primary rights of “It is clear in the above law and Facts:
parents” to those who have legitimate jurisprudence that the psychological
relationships with their children. And such incapacity of a spouse, as a ground for A woman’s (Grace de Guzman)
Silva v. CA
visitations, contrary to the CA’s ruling, declaration of nullity of marriage, must employment was terminated by PT&T
would not affect the children to such an exist at the time of the celebration of because of alleged concealment of civil
status and defalcation of company funds. was terminated because of her civil DENR declared TLA no. 106 as no longer As evidenced by reports, it would seem
De Guzman argues that the real reason status. Furthermore, it was the policy having force and effect, the petition being that CMTC was one of those whose TLAs
she was fired was because she itself which was the cause of Grace’s barred because of latches: CMTC did not were terminated in 1983, a year before its
contracted the married during secretive conduct (he who is the cause of immediately file an opposition when concession was awarded to FLDC. Since
employment which is against company the cause is the cause of the evil caused.) FLDC was awarded the said concession petitioner failed to protest the grant of
policy. She admits, however, that when PT&T’s allegations of misappropriation is and because it had waited for two years concession within a “reasonable time”,
she applied to work she indicated she insincere and self-serving. before filing such a petition. In an appeal action is barred by latches.
was single when, in fact, she was already to the Office of the President and after its
married. She was reminded by second motion for reconsideration, CMTC
correspondence of the company’s policy claims that it had written a letter dated on
“because executive evaluation of timber
of not accepting married women as the day to oppose FLDC’s grant of TLA.
licenses and their consequent
employees. She subscribed to the The Office of the President, however,
CMTC v. Alcala, Sec. DENR cancellation in the process of formulating
defense that she wasn’t aware of such a again denied the petition on the basis of a
policies with regard to the utilization of
policy and thus, had no intent to hide the June 13, 1997, Mendoza, J. “new policy of consideration on forest
timber lands is a prerogative of the
fact that she was already married. The conservation and protection.”
executive department and in the absence
labor arbiter decided that she was
of evidence showing grave abuse of
discriminated against because of having
Facts: discretion courts will not interfere with the
contracted marriage while employed with
CMTC appeals to the SC saying that exercise of that discretion.”
the company. PT&T appealed to the
CMTC’s timber concession was approved there were no latches and that the new
NLRC but the latter upheld the decision of
by Marcos after it was previously public consideration averred to by the
the labor arbiter modifying the decision by
cancelled; however, said concession, Office of the President denied the CMTC
saying the woman’s dishonest nature Public respondents herein, upon whose
operating on TLA no. 106, was under due process. There being no total log ban
warrants a 3-month suspension from shoulders rests the task of implementing
another concession (TLA no. 360) in the country (Congress still needing to
work. the policy to develop and conserve the
operated by FLDC – after issuance by make an announcement regarding the
country's natural resources, have
Ministry of National Resources. TLA no. issue), any notice to this effect “must be
indicated an ongoing department
360 was given primacy over the TLA no. stated in good form, not implied”; and that
evaluation of all timber license
Issues/ Held/Ratio: 106 allegedly because of Marcos’ sister in any case, any new policy consideration
agreements entered into, and permits or
who was behind FLDC. Two years later, should be prospective in application and
WON PT&T’s policy of not accepting or licenses issued, under the previous
however, on June 1986, Ministry head cannot affect petitioner’s vested rights in
considering as disqualified from work any dispensation. . . .
suspended TLA no. 360 and cancelled its TLA no. 106.
woman worker who contracts a marriage, the license of FLDC (because in spite of
is discriminatory and thus contrary to the previous suspension order, logging still
Constitution? continued). CMTC, learning of the The ongoing administrative reassessment
Main Issue/ Held/Ratio:
cancellation, sought to revalidate TLA no. is apparently in response to the renewed
Yes. Although PT&T asserts that it
106 by writing a letter to the said WON the new policy of forest and growing global concern over the
dismissed Grace because of her
government agency. conservation and protection could affect despoliation of forest lands and the utter
dishonesty; records, not to mention the
the previous TLAs mentioned. disregard of their crucial role in sustaining
letter reminding her of her company’s
a balanced ecological system. The
policy, say otherwise; proving that she
legitimacy of such concern can hardly be
disputed, most especially in this country. . Facts: Article VI of the Constitution which stated SolGen argues, on the other hand, that
.. that: automatic appropriation provides
The 1990 budget consisted of P98.4B in flexibility: ". . . First, for example, it
automatic appropriation (86.8 going to enables the Government to take
debt service) and P155.3 from the advantage of a favorable turn of market
Thus, while the administration grapples General Appropriations Act or a total of Sec. 24. All appropriation,
conditions by redeeming high interest
with the complex and multifarious P233.5B; only P27B was allotted for revenue or tariff bills, bills
securities and borrowing at lower rates, or
problems caused by unbridled DECS. Petitioners, as members of the authorizing increase of the
to shift from short-term to long-term
exploitation of these resources, the Senate, question the constitutionality of public debt, bills of local
instruments, or to enter into arrangements
judiciary will stand clear. . . . More so the automatic appropriation for debt application, and private bills
that could lighten our outstanding debt
where, as in the present case, the service in the said budget as provided for shall originate exclusively in the
burden debt-to-equity, debt-to-asset,
interests of a private logging company are by Presidential Decrees 81, 117, and House of Representatives, but
debt-to-debt or other such schemes.
pitted against that of the public at large on 1967. the Senate may propose or
Second, the automatic appropriation
the pressing public policy issue of forest concur with amendments.
obviates the serious difficulties in debt
conservation. . . . Timber licenses,
whereby bills have to be approved by the servicing arising from any deviation from
permits and license agreements are the
Petitioners allege that the allotted budget President, 10 then a law must be passed what has been previously programmed.
principal instruments by which the State
runs contrary to Sec. 5(5), Art. XIV of the by Congress to authorize said automatic The annual debt service estimates, which
regulates the utilization and disposition of
Constitution. And as provided by Art. 7 of appropriation. Further, petitioners state are usually made one year in advance,
forest resources to the end that public
the Civil Code, when statutes run contrary said decrees violate Section 29(1) of are based on a mathematical set or
welfare is promoted. And it can hardly be
to the Constitution, it shall be void. Article VI of the Constitution which matrix or, in layman's parlance, `basket' of
gainsaid that they merely evidence a
provides as follows foreign exchange and interest rate
privilege granted by the State to qualified
assumption's which may significantly
entities, and do not vest in the latter a
differ from actual rates not even in
permanent or irrevocable right to the They further contend that the Presidential proportion to changes on the basis of the
particular concession area and the forest Decrees are no longer operative since Sec. 29(1). No money shall assumptions. Absent an automatic
products therein. They may be validly they became functus oficio after President be paid out of the Treasury appropriation clause, the Philippine
amended, modified, replaced or Marcos was ousted. With a new congress except in pursuance of an Government has to await and depend
rescinded by the Chief Executive when replacing the one man-legislature, new appropriation made by law. upon Congressional action, which by the
national interests so require. Thus, they legislation regarding appropriation should time this comes, may no longer be
are not deemed contracts within the be passed. Current appropriation, They assert that there must be
responsive to the intended conditions
purview of the due process of law clause. operating on no laws therefore, would be definiteness, certainty and exactness in
which in the meantime may have already
unenforceable. an appropriation, 11 otherwise it is an
drastically changed. In the meantime,
undue delegation of legislative power to
also, delayed payments and arrearages
the President who determines in advance
may have supervened, only to worsen our
the amount appropriated for the debt
Moreover, they content that assuming debt service-to-total expenditure ratio in
Guingona v. Carague service.
arguendo that the said decrees did not the budget due to penalties and/or
expire with the ouster of Marcos, after demand for immediate-payment even
April 22, 1991, Gancayco, J. before due dates.
adoption of the 1987 Constitution, said
decrees were inconsistent with Sec. 24,
Clearly, the claim that payment of the incurred by the previous administration, are to remain in force and effect unless Although the subject presidential decrees
loans and indebtedness is conditioned however, still needs to be paid. Not only they are inconsistent with the Constitution do not state specific amounts to be paid,
upon the continuance of the person of for the sake of honor but because the or are otherwise amended, repealed or necessitated by the very nature of the
President Marcos and his legislative national economy is itself at stake. Thus, revoked. problem being, addressed, the amounts
power goes against the intent and if Congress allotted more for debt service nevertheless are made certain by the
purpose of the law. The purpose is such an appropriation cannot be legislative parameters provided in the
foreseen to subsist with or without the considered by this Court as decrees. The Executive is not of unlimited
Well-known is the rule that repeal or
person of Marcos." unconstitutional. discretion as to the amounts to be
amendment by implication is frowned
disbursed for debt servicing. The
upon. Equally fundamental is the principle
mandate is to pay only the principal,
that construction of the Constitution and
interest, taxes and other normal banking
Issues/ Held/Ratio: (2) WON the Presidential Decrees are still law is generally applied prospectively and
charges on the loans, credits or
operative, and if they are, do they violate not retrospectively unless it is so clearly
(1) WON appropriation of P86.8B for debt indebtedness, or on the bonds,
Sec. 29 (1), Article VI of the stated.
service as compared to its appropriation debentures or security or other evidences
Constitutional.
of P27.7B for education in violation of (3) WON there was undue delegation of of indebtedness sold in international
Sec. 5(5), Article XIV of the Constitution. legislative power by automatic markets incurred by virtue of the law, as
appropriation. and when they shall become due. No
Yes, they are still operative. The transitory uncertainty arises in executive
provision provided in Sec. 3, Article XVIII implementation as the limit will be the
The State shall assign the of the Constitution recognizes that: exact amounts as shown by the books of
highest budgetary priority to No. The legislative intention in R.A. No. the Treasury.
education and ensure that 4860, as amended, Section 31 of P.D. No.
teaching will attract and 1177 and P.D. No. 1967 is that the
retain its rightful share of the All existing laws, decrees, amount needed should be automatically
best available talents through executive orders, set aside in order to enable the Republic Cruz, Dissenting:
adequate remuneration and proclamations, letters of of the Philippines to pay the principal,
instructions and other He sees that an essential
other means of job interest, taxes and other normal banking
executive issuances not requirement for valid appropriation is
satisfaction and fulfillment. charges on the loans, credits or
inconsistent with the that the sum authorized for release
indebtedness incurred as guaranteed by it
Constitution shall remain should be determinate or
when they shall become due without the
operative until amended, determinable. The Presidential
need to enact a separate law
The Court disagrees that Congress’ repealed or revoked. Decrees do not satisfy this
appropriating funds therefore as the need
hands are hamstrung by the provision requirement. As to the ponencia’s
arises. The purpose of these laws is to
provided. There are other imperatives of reference to “legislative parameters
enable the government to make prompt
national interest that it must attend to; the provided by law”, Cruz says no such
This transitory provision of the payment and/or advances for all loans to
amount allotted to education, 27.8B, is regulatory boundaries exist.
Constitution has precisely been adopted protect and maintain the credit standing of
the highest in all department budgets
by its framers to preserve the social order the country.
thereby complying with the mandate of
having the highest priority as stated so that legislation by the then President
Marcos may be recognized. Such laws Padilla, Dissenting:
above. The enormous national debt,
He agrees with Cruz but furthers the The Philippines, by ratification of the The SolGen, on the other hand, argues but in fact the duty of the judiciary to
argument by saying that Sec. President and concurrence of the Senate (a) that the charter provisions are not self- settle the dispute. "The question thus
29(1)Article VI implies that a law became a member of the WTO. executing and are mere general policies; posed is judicial rather than political. The
enacted by Congress (and approved Petitioners argue that the letter, spirit and (b) that the provisions shouldn’t be read in duty (to adjudicate) remains to assure
by the President) appropriating a intent of the Constitution mandating isolation but in conjunction with Art. XII that the supremacy of the Constitution is
particular sum or sums must be “economic nationalism” are violated by Sec. 1 and 13, which when read properly upheld."
made before payment from the the “parity provisions” and “national as a whole, ensures that the WTO
Treasury can be made. Laws should treatment” clauses scattered in the agreement doesn’t violate the
be construed in light of current laws agreement, annexes and other parts of Constitution; and (c) that WTO contains
(2) WON the WTO agreement and its
and not those made by a one-man the treaty. These allegedly place foreign sufficient provisions to protect developing
three annexes contravene the respective
legislative branch. nationals on equal footing as Filipinos in countries like the Philippines from the
provisions in the Constitution.
contravention of the Constitution’s harshness of trade liberalization.
Filipino-first policy. Main provisions which
are supposedly violated by the WTO
Besides, these decrees issued by
agreement are the following: Declaration of Principles Not Self-
President Marcos relative to debt service By praying for the nullification of the
Executing
were tailored for the periods covered by Philippine ratification of the WTO
said decrees. Today it is Congress that Agreement, petitioners are invoking this By its very title, Article II of the
should determine and approve the proper (1) Art II, Sec. 19 – Self-reliant, Court's constitutionally imposed duty "to Constitution is a "declaration of principles
appropriations for debt servicing, as this independent economy. determine whether or not there has been and state policies." The counterpart of this
is a matter of policy that, in my opinion, grave abuse of discretion amounting to article in the 1935 Constitution 21 is
pertains to the legislative department, as lack or excess of jurisdiction" on the part called the "basic political creed of the
the policy-determining body of the of the Senate in giving its concurrence nation" by Dean Vicente Sinco. These
(2) Art. XII Sec. 10 – Capital owned by
Government. therein via Senate Resolution No. 97. principles in Article II are not intended to
Filipinos; grants, privileges, concessions
for national economy gives preference to be self-executing principles ready for
qualified Filipinos. enforcement through the courts. They are
Paras, Dissenting: Any law that Issues/ Held/Ratio: used by the judiciary as aids or as guides
undermines our economy and therefore in the exercise of its power of judicial
our security is per se unconstitutional. (1) WON the petition presents a review, and by the legislature in its
(3) Art. XII Sec. 12 – Preferential use of jusiticiable controversy? enactment of laws. As held in the leading
Filipino labor, material and goods. case of Kilosbayan, Incorporated vs.
Morato, the principles and state policies
enumerated in Article II and some
In seeking to nullify an act of the
These provisions are allegedly sections of Article XII are not "self-
Tanada v. Angara Philippine Senate on the ground that it
desecrated in the areas of investment executing provisions, the disregard of
contravenes the Constitution, the petition
measures, trade selected aspects of IPR, which can give rise to a cause of action in
May 2, 1997, Panganiban, J. no doubt raises a justiciable controversy.
and in the General Agreement on Trade in the courts. They do not embody judicially
Where an action of the legislative branch
Services. enforceable constitutional rights but
is seriously alleged to have infringed the
guidelines for legislation."
Constitution, it becomes not only the right
Facts:
policy that serves the general welfare and
utilizes all forms and arrangements of
Economic Nationalism Should Be Read exchange on the basis of equality and All told, while the Constitution indeed Hence, poor countries can protect their
with Other Constitutional Mandates to reciprocity"; and speaks of industries mandates a bias in favor of Filipino common interests more effectively
attain Balanced Development of "which are competitive in both domestic goods, services, labor and enterprises, at through the WTO than through one-on-
and foreign markets" as well as of the the same time, it recognizes the need for one negotiations with developed
Economy business exchange with the rest of the countries. Within the WTO, developing
protection of "Filipino enterprises against
unfair foreign competition and trade world on the bases of equality and countries can form powerful blocs to push
practices." reciprocity and limits protection of Filipino their economic agenda more decisively
As pointed out by the Solicitor General, enterprises only against foreign than outside the Organization. This is not
Sec. 1 lays down the basic goals of competition and trade practices that are merely a matter of practical alliances but
national economic development, as unfair. In other words, the Constitution a negotiating strategy rooted in law. Thus,
It is true that in the recent case of Manila did not intend to pursue an isolationist the basic principles underlying the WTO
follows: (1) A more equitable distribution
Prince Hotel vs. Government Service policy. It did not shut out foreign Agreement recognize the need of
of opportunities, income and wealth; (2) A
Insurance System, et al., this Court held investments, goods and services in the developing countries like the Philippines
sustained increase in the amount of
that "Sec. 10, second par., Art. XII of the development of the Philippine economy. to "share in the growth in international
goods and services provided by the
1987 Constitution is a mandatory, positive While the Constitution does not trade commensurate with the needs of
nation for the benefit of the people; and
command which is complete in itself and encourage the unlimited entry of foreign their economic development."
(3) An expanding productivity as the key
which needs no further guidelines or goods, services and investments into the
to raising the quality of life for all
implementing laws or rules for its country, it does not prohibit them.
especially the underprivileged.
enforcement. From its very words the
provision does not require any legislation Constitution Does Not Rule Out Foreign
to put it in operation. It is per se judicially Competition
With these goals in context, the enforceable." However, as the WTO Recognizes Need to Protect Weak
Economies Furthermore, the constitutional policy of a
Constitution then ordains the ideals of constitutional provision itself states, it is
"self-reliant and independent national
economic nationalism (1) by expressing enforceable only in regard to "the grants
economy" does not necessarily rule out
preference in favor of qualified Filipinos of rights, privileges and concessions
the entry of foreign investments, goods
"in the grant of rights, privileges and covering national economy and Upon the other hand, respondents and services. It contemplates neither
concessions covering the national patrimony" and not to every aspect of maintain that the WTO itself has some "economic seclusion" nor "mendicancy in
economy and patrimony" and in the use trade and commerce. It refers to built-in advantages to protect weak and the international community." As
of "Filipino labor, domestic materials and exceptions rather than the rule. The issue developing economies, which comprise explained by Constitutional Commissioner
locally-produced goods"; (2) by here is not whether this paragraph of Sec. the vast majority of its members. Unlike in Bernardo Villegas, sponsor of this
mandating the State to "adopt measures 10 of Art. XII is self-executing or not. the UN where major states have constitutional policy:
that help make them competitive; and (3) Rather, the issue is whether, as a rule, permanent seats and veto powers in the
by requiring the State to "develop a self- there are enough balancing provisions in Security Council, in the WTO, decisions
reliant and independent national economy the Constitution to allow the Senate to are made on the basis of sovereign
effectively controlled by Filipinos." In ratify the Philippine concurrence in the equality, with each member's vote equal "Economic self reliance is a primary
similar language, the Constitution takes WTO Agreement. And we hold that there in weight to that of any other. There is no objective of a developing country that is
into account the realities of the outside are. WTO equivalent of the UN Security keenly aware of overdependence on
world as it requires the pursuit of "a trade Council. external assistance for even its most
basic needs. It does not mean autarky or meantime, show that only 2.8% of the and is therefore subject to judicial
economic seclusion; rather, it means country’s land area is composed of scrutiny.
avoiding mendicancy in the international The Constitution has not really shown any tropical virgin rainforests.
community. Independence refers to the unbalanced bias in favor of any business
freedom from undue foreign control of the or enterprise, nor does it contain any
specific pronouncement that Filipino Issues/ Held/Ratio:
national economy, especially in such
companies should be pampered with a Public records reveal that at the present
strategic industries as in the development (1) WON petitioners have standing.
total proscription of foreign competition. rate of deforestation, the Philippine
of natural resources and public utilities."
Islands will be bereft of national resources
after the end of the decade, if not earlier.
Plaintiffs assert their constitutional right to The petitioners, minors assert that they
The WTO reliance on "most favored a balanced and healthful ecology and represent their generation as well as
nation," "national treatment," and "trade claim that they are entitled to protection of generations yet unborn. We find no
without discrimination" cannot be struck Oposa v. Factoran this right by the State in its capacity as difficulty in ruling that they can, for
down as unconstitutional as in fact they parens patriae. themselves, for others of their generation
are rules of equality and reciprocity that and for the succeeding generations, file a
apply to all WTO members. Aside from Facts: class suit. Their personality to sue in
envisioning a trade policy based on behalf of the succeeding generations can
The complaint was filed against Factoran,
"equality and reciprocity," the fundamental Petitioners, minors represented by their only be based on the concept of
then head of the DENR; it would order the
law encourages industries that are parents, filed a complaint in the RTC; it intergenerational responsibility insofar as
DENR to cancel all existing timber
"competitive in both domestic and foreign was a taxpayer’s class suit representing the right to a balanced and healthful
licensing agreements (TLAs) in the
markets," thereby demonstrating a clear themselves, the countless multitudes, and ecology is concerned. Such a right, as
country, and cease and desist from
policy against a sheltered domestic trade future generations of those who are hereinafter expounded, considers the
accepting, processing, renewing, and
environment, but one in favor of the entitled to the benefits of the country’s "rhythm and harmony of nature." Nature
approving TLAs. The trial court dismissed
gradual development of robust industries virgin tropical forests. means the created world in its entirety.
the complaint and the judge stated that
that can compete with the best in the Such rhythm and harmony indispensably
the relief sought for (cancellation of TLAs)
foreign markets. Indeed, Filipino include, inter alia, the judicious
cannot be done because it would not
managers and Filipino enterprises have disposition, utilization, management,
The plaintiff’s complaint was specified as allow due process. The amended petition
shown capability and tenacity to compete renewal and conservation of the country's
follows: that a balanced and healthful to the SC repeated its earlier right to a
internationally. And given a free trade forest, mineral, land, waters, fisheries,
ecology in the Philippines is evidenced by sound environment, and added that (a)
environment, Filipino entrepreneurs and wildlife, off-shore areas and other natural
54% forest cover and 46% everything TLAs were not contracts and even if they
managers in Hongkong have resources to the end that their
else. were considered protected by the non-
demonstrated the Filipino capacity to exploration, development and utilization
impairment clause, the State may still
grow and to prosper against the best be equitably accessible to the present as
revoke such agreements when public
offered under a policy of laissez faire. well as future generations. Needless to
interest demands it; and (b) in granting
Twenty five years ago, tropical virgin say, every generation has a responsibility
more TLAs to cover more areas of land
forests amounted to 53% of our land area to the next to preserve that rhythm and
than what is available is an act
but in 1987, satellite images showed that harmony for the full enjoyment of a
Constitution Favors Consumers, Not constituting grave abuse of discretion,
only four percent of the land was covered balanced and healthful ecology. Put a
Industries or Enterprises
by forests. Recent surveys, in the little differently, the minors' assertion of
their right to a sound environment ecology as stressed by the PEA, as authorized by its charter created decried the JVA, the task force upheld its
constitutes, at the same time, the Constitutional right, one cannot by Marcos, was mandated to reclaim legality. This prompted Chavez, in 1998,
performance of their obligation to ensure classify such a right as “specific” land, develop, improve, etc… sell, and to file suit as a taxpayer, contending the
the protection of that right for the without doing excessive violence to lease these reclaimed lands. During the following:
generations to come. the language. The implications of time of Cory, more land was transferred to
making the Sections in Article II self- PEA under its name. Transfer Certificate
executory are not the subject of this of Titles of the then reclaimed Freedom
Petitioner contends the government
case. Petitioners should seek a Islands were given to PEA during this
(2) Is there a specific right violated that stands to lose billions of pesos in the sale
specific legal right. It is his time. During Ramos’ tenure as President,
would serve a the petitioner’s cause of by PEA of the reclaimed lands to AMARI.
understanding that the Court’s PEA, entered into a joint venture
action? Petitioner prays that PEA publicly disclose
decision implies that within the agreement (JVA) with AMARI, a private
the terms of any renegotiation of the JVA,
collection of statutes, there is a corporation without public bidding. The
invoking Section 28, Article II, and Section
specific right which the petitioners JVA intended to develop the reclaimed
7, Article III, of the 1987 Constitution on
Yes. Sec. 16, Article II of the Constitution can use. Freedom Islands and reclaim an
the right of the people to information on
provides the right. A cause of action is additional 250 hectares surrounding said
matters of public concern. Petitioner
therefore present but as far as islands. In 1996, Senate President
assails the sale to AMARI of lands of the
cancellation of TLA’s is concerned, there Maceda, in a privileged speech, called the
public domain as a blatant violation of
is a need to implead the guarantees of JVA “the grandmother of all scams.” An
Section 3, Article XII of the 1987
the same for they are indispensable investigation ensued with the report
Constitution prohibiting the sale of
parties. concluding the following:
alienable lands of the public domain to
private corporations. Finally, petitioner
asserts that he seeks to enjoin the loss of
(3) Are the TLAs contracts? Are they (1) The lands being sold to AMARI were billions of pesos in properties of the State
protected by the non-impairment clause? lands of the public domain which the that are of public dominion.
government has not yet classified as
alienable, and therefore the PEA has no
authority to sell yet.
No. Even if a law is passed mandating Chavez v. Phil. Estates Authority 90 The Amended JVA, however, pushed
cancellation/modification of the TLAs, the through after being signed by PEA and
same cannot be stigmatized as a violation AMARI, with the approval of then
of non-impairment clause because it is (2) Transfer Certificate of Titles of the President Estrada. After such a
within the State’s exercise of police power Facts: Freedom Islands are then void; and the maneuver, Chavez prayed that the
to protect its ecology. renegotiated contract be declared null
and void based on constitutional and
90
As you’ll gather from the last few statutory grounds.
(3) JVA entered into is illegal.
deplorable digests (and this last one) … I’ve
Feliciano, Concurring: run out of juice. Feel free to
In 1997, a Legal Task Force was formed
fix/update/mock them at your convenience.
Although the petitioners are in fact – Mars. by the President to study the JVA; but Issues/ Held/Ratio:
entitled to a balanced and healthful contrary to the Senate investigation that
(1) WON the case is academic and moot Lastly, there is a need to resolve resolve to exercise primary jurisdiction
after subsequent events. immediately the constitutional issue over the instant case.
Also, the instant petition is a case of first raised in this petition because of the
impression. All previous decisions of the possible transfer at any time by PEA to
Court involving Section 3, Article XII of the AMARI of title and ownership to portions
Respondents – Yes; satisfied petitioner’s 1987 Constitution, or its counterpart (3) WON the petition should be dismissed
of the reclaimed lands. Under the
prayer for disclosure of renegotiations; provision in the 1973 Constitution, because of non-exhaustion of
Amended JVA, PEA is obligated to
moot, because already signed. covered agricultural lands sold to private administrative remedies.
transfer to AMARI the latter’s seventy
corporations which acquired the lands percent proportionate share in the
from private parties. The transferors of reclaimed areas as the reclamation
Petitioners - counters that PEA and the private corporations claimed or could progresses. The Amended JVA even Respondent – they didn’t ask us for the
AMARI cannot avoid the constitutional claim the right to judicial confirmation of allows AMARI to mortgage at any time the information before proceeding to Court to
issue by simply fast-tracking the signing their imperfect titles under Title II of entire reclaimed area to raise financing issue a mandamus; this is in violation of
and approval of the Amended JVA before Commonwealth Act. 141 (“CA No. 141” for the reclamation project. the rule of mandamus. Tanada v. Tuvera
the Court could act on the issue. for brevity). In the instant case, AMARI is different from the current situation
Presidential approval does not resolve the seeks to acquire from PEA, a public because there, the ExecDept had an
constitutional issue or remove it from the corporation, reclaimed lands and affirmative statutory duty to publish the
submerged areas for non-agricultural (2) WON the petition should be dismissed
ambit of judicial review. President Decrees and thus, the
purposes by purchase under PD No. because judicial hierarchy wasn’t
mandamus was warranted. In the instant
1084 (charter of PEA) and Title III of CA respected.
case, PEA has no affirmative duty to
No. 141. Certain undertakings by AMARI disclose such information.
Court - PEA and AMARI have still to under the Amended JVA constitute the
implement the Amended JVA. The prayer consideration for the purchase. Neither PEA and AMARI claim petitioner ignored
to enjoin the signing of the Amended JVA AMARI nor PEA can claim judicial the judicial hierarchy by seeking relief
on constitutional grounds necessarily confirmation of their titles because the Court - The original JVA sought to dispose
directly from the Court. The principle of
includes preventing its implementation if lands covered by the Amended JVA are to AMARI public lands held by PEA, a
hierarchy of courts applies generally to
in the meantime PEA and AMARI have newly reclaimed or still to be reclaimed. government corporation. Under Section
cases involving factual questions. As it is
signed one in violation of the Constitution. Judicial confirmation of imperfect title 79 of the Government Auditing Code, the
not a trier of facts, the Court cannot
Petitioner’s principal basis in assailing the requires open, continuous, exclusive and disposition of government lands to private
entertain cases involving factual issues.
renegotiation of the JVA is its violation of notorious occupation of agricultural lands parties requires public bidding. PEA was
The instant case, however, raises
Section 3, Article XII of the Constitution, of the public domain for at least thirty under a positive legal duty to disclose to
constitutional issues of transcendental
which prohibits the government from years since June 12, 1945 or earlier. the public the terms and conditions for the
importance to the public. The Court can
alienating lands of the public domain to Besides, the deadline for filing sale of its lands. The law obligated PEA
resolve this case without determining any
private corporations. If the Amended JVA applications for judicial confirmation of to make this public disclosure even
factual issue related to the case. Also,
indeed violates the Constitution, it is the imperfect title expired on December 31, without demand from petitioner or from
the instant case is a petition for
duty of the Court to enjoin its 1987. anyone. PEA failed to make this public
mandamus which falls under the original
implementation, and if already disclosure because the original JVA, like
jurisdiction of the Court under Section 5,
implemented, to annul the effects of such the Amended JVA, was the result of a
Article VIII of the Constitution. We
unconstitutional contract. negotiated contract, not of a public
bidding. Considering that PEA had an
affirmative statutory duty to make the right to initiate and prosecute actions Similarly, the instant petition is anchored
public disclosure, and was even in breach questioning the validity of acts or orders on the right of the people to information
of this legal duty, petitioner had the right The petitioner has standing to bring this of government agencies or and access to official records, documents
to seek direct judicial intervention. taxpayer’s suit because the petition seeks instrumentalities, if the issues raised are and papers — a right guaranteed under
to compel PEA to comply with its of ‘paramount public interest,’ and if they Section 7, Article III of the 1987
constitutional duties. There are two ‘immediately affect the social, economic Constitution. Petitioner, a former solicitor
constitutional issues involved here. First and moral well being of the people.’ general, is a Filipino citizen. Because of
Moreover, and this alone is determinative is the right of citizens to information on the satisfaction of the two basic requisites
of this issue, the principle of exhaustion of matters of public concern. Second is the laid down by decisional law to sustain
administrative remedies does not apply application of a constitutional provision petitioner's legal standing, i.e. (1) the
when the issue involved is a purely legal intended to insure the equitable Moreover, the mere fact that he is a
enforcement of a public right (2)
or constitutional question. The principal distribution of alienable lands of the public citizen satisfies the requirement of
espoused by a Filipino citizen, we rule
issue in the instant case is the capacity of domain among Filipino citizens. The personal interest, when the proceeding
that the petition at bar should be allowed.”
AMARI to acquire lands held by PEA in thrust of the first issue is to compel PEA involves the assertion of a public right,
view of the constitutional ban prohibiting to disclose publicly information on the such as in this case. He invokes several
the alienation of lands of the public sale of government lands worth billions of decisions of this Court which have set
domain to private corporations. We rule pesos, information which the Constitution aside the procedural matter of locus (5) Whether the constitutional right to
that the principle of exhaustion of and statutory law mandate PEA to standi, when the subject of the case information includes official information on
administrative remedies does not apply in disclose. The thrust of the second issue involved public interest. on-going negotiations before a final
the instant case. is to prevent PEA from alienating agreement.
hundreds of hectares of alienable lands of
the public domain in violation of the Further, in Albano v. Reyes, we said that
(4) Do petitioners have standing? Constitution, compelling PEA to comply while expenditure of public funds may not Section 7, Article III of the Constitution
with a constitutional duty to the nation. have been involved under the questioned explains the people’s right to information
contract for the development, on matters of public concern in this
management and operation of the Manila manner:
PEA argues that petitioner has no
Moreover, the petition raises matters of International Container Terminal, ‘public
standing to institute mandamus
transcendental importance to the public. interest [was] definitely involved
proceedings to enforce his constitutional
In Chavez v. PCGG,[28] the Court upheld considering the important role [of the
right to information without a showing that Sec. 7. The right of the people
the right of a citizen to bring a taxpayer’s subject contract] . . . in the economic
PEA refused to perform an affirmative to information on matters of
suit on matters of transcendental development of the country and the
duty imposed on PEA by the Constitution. public concern shall be
importance to the public, thus - magnitude of the financial consideration
PEA also claims that petitioner has not recognized. Access to official
involved.’ We concluded that, as a
shown that he will suffer any concrete records, and to documents, and
consequence, the disclosure provision in
injury because of the signing or papers pertaining to official
the Constitution would constitute sufficient
implementation of the Amended JVA. “Besides, petitioner emphasizes, the acts, transactions, or decisions,
authority for upholding the petitioner's
Thus, there is no actual controversy matter of recovering the ill-gotten wealth as well as to government
standing.
requiring the exercise of the power of of the Marcoses is an issue of research data used as basis for
judicial review. ‘transcendental importance to the public.’ policy development, shall be
He asserts that ordinary taxpayers have a afforded the citizen, subject to
such limitations as may be cannot hold public officials accountable assertions are still in the process of being of, the terms and conditions of the
provided by law.” for anything. Armed with the right formulated or are in the ‘exploratory disposition, the parties qualified to bid, the
information, citizens can participate in stage’.” minimum price and similar information.
public discussions leading to the PEA must prepare all these data and
formulation of government policies and disclose them to the public at the start of
The State policy of full transparency in all
their effective implementation. An the disposition process, long before the
transactions involving public interest Also, AMARI contends that petitioner
informed citizenry is essential to the consummation of the contract, because
reinforces the people’s right to information cannot invoke the right at the pre-
existence and proper functioning of any the Government Auditing Code requires
on matters of public concern. This State decisional stage or before the closing of
democracy. As explained by the Court in public bidding. If PEA fails to make this
policy is expressed in Section 28, Article II the transaction.
Valmonte v. Belmonte, Jr. disclosure, any citizen can demand from
of the Constitution, thus:
PEA this information at any time during
the bidding process.
AMARI argues there must first be a
“An essential element of these freedoms
Sec. 28. Subject to reasonable consummated contract before petitioner
is to keep open a continuing dialogue or
conditions prescribed by law, can invoke the right. Requiring
process of communication between the Information, however, on on-going
the State adopts and government officials to reveal their
government and the people. It is in the evaluation or review of bids or proposals
implements a policy of full deliberations at the pre-decisional stage
interest of the State that the channels for being undertaken by the bidding or review
public disclosure of all its will degrade the quality of decision-
free political discussion be maintained to committee is not immediately accessible
transactions involving public making in government agencies.
the end that the government may under the right to information. While the
interest.” Government officials will hesitate to
perceive and be responsive to the evaluation or review is still on-going, there
express their real sentiments during
people’s will. Yet, this open dialogue can are no “official acts, transactions, or
deliberations if there is immediate public
be effective only to the extent that the decisions” on the bids or proposals.
dissemination of their discussions, putting
These twin provisions of the Constitution citizenry is informed and thus able to However, once the committee makes its
them under all kinds of pressure before
seek to promote transparency in policy- formulate its will intelligently. Only when official recommendation, there arises a
they decide.
making and in the operations of the the participants in the discussion are “definite proposition” on the part of the
government, as well as provide the aware of the issues and have access to government. From this moment, the
people sufficient information to exercise information relating thereto can such bear public’s right to information attaches, and
effectively other constitutional rights. fruit.” We must first distinguish between any citizen can access all the non-
These twin provisions are essential to the information the law on public bidding proprietary information leading to such
exercise of freedom of expression. If the requires PEA to disclose publicly, and definite proposition. In Chavez v. PCGG,
government does not disclose its official information the constitutional right to the Court ruled as follows:
PEA asserts, citing Chavez v. PCGG,[31]
acts, transactions and decisions to information requires PEA to release to the
that in cases of on-going negotiations the
citizens, whatever citizens say, even if public. Before the consummation of the
right to information is limited to “definite
expressed without any restraint, will be contract, PEA must, on its own and
propositions of the government.” PEA “Considering the intent of the framers of
speculative and amount to nothing. without demand from anyone, disclose to
maintains the right does not include the Constitution, we believe that it is
These twin provisions are also essential the public matters relating to the
access to “intra-agency or inter-agency incumbent upon the PCGG and its
to hold public officials “at all times x x x disposition of its property. These include
recommendations or communications officers, as well as other government
accountable to the people,”[29] for unless the size, location, technical description
during the stage when common representatives, to disclose sufficient
citizens have the proper information, they and nature of the property being disposed
public information on any proposed disadvantageous to the government or limitations that Congress may impose by
settlement they have decided to take up even illegal, becomes a fait accompli. law.
with the ostensible owners and holders of This negates the State policy of full The information that petitioner may
ill-gotten wealth. Such information, transparency on matters of public access on the renegotiation of the JVA
though, must pertain to definite concern, a situation which the framers of includes evaluation reports,
recommendations, legal and expert There is no claim by PEA that the
propositions of the government, not the Constitution could not have intended.
opinions, minutes of meetings, terms of information demanded by petitioner is
necessarily to intra-agency or inter- Such a requirement will prevent the
reference and other documents attached privileged information rooted in the
agency recommendations or citizenry from participating in the public
to such reports or minutes, all relating to separation of powers. The information
communications during the stage when discussion of any proposed contract,
the JVA. However, the right to does not cover Presidential
common assertions are still in the process effectively truncating a basic right
information does not compel PEA to conversations, correspondences, or
of being formulated or are in the enshrined in the Bill of Rights. We can
prepare lists, abstracts, summaries and discussions during closed-door Cabinet
“exploratory” stage. There is need, of allow neither an emasculation of a
the like relating to the renegotiation of the meetings which, like internal deliberations
course, to observe the same restrictions constitutional right, nor a retreat by the
JVA. The right only affords access to of the Supreme Court and other collegiate
on disclosure of information in general, as State of its avowed “policy of full
records, documents and papers, which courts, or executive sessions of either
discussed earlier – such as on matters disclosure of all its transactions involving
means the opportunity to inspect and house of Congress, are recognized as
involving national security, diplomatic or public interest.”
copy them. One who exercises the right confidential. This kind of information
foreign relations, intelligence and other
must copy the records, documents and cannot be pried open by a co-equal
classified information.”
papers at his expense. The exercise of branch of government. A frank exchange
The right covers three categories of the right is also subject to reasonable of exploratory ideas and assessments,
information which are “matters of public regulations to protect the integrity of the free from the glare of publicity and
Contrary to AMARI’s contention, the concern,” namely: (1) official records; (2) public records and to minimize disruption pressure by interested parties, is
commissioners of the 1986 Constitutional documents and papers pertaining to to government operations, like rules essential to protect the independence of
Commission understood that the right to official acts, transactions and decisions; specifying when and how to conduct the decision-making of those tasked to
information “contemplates inclusion of and (3) government research data used in inspection and copying. exercise Presidential, Legislative and
negotiations leading to the consummation formulating policies. The first category Judicial power. This is not the situation in
of the transaction.” Certainly, a refers to any document that is part of the the instant case.
consummated contract is not a public records in the custody of
requirement for the exercise of the right to government agencies or officials. The The right to information, however, does
information. Otherwise, the people can second category refers to documents and not extend to matters recognized as
privileged information under the We rule, therefore, that the constitutional
never exercise the right if no contract is papers recording, evidencing,
separation of powers. The right does not right to information includes official
consummated, and if one is establishing, confirming, supporting,
also apply to information on military and information on on-going negotiations
consummated, it may be too late for the justifying or explaining official acts,
diplomatic secrets, information affecting before a final contract. The information,
public to expose its defects. transactions or decisions of government
national security, and information on however, must constitute definite
agencies or officials. The third category
investigations of crimes by law propositions by the government and
refers to research data, whether raw,
enforcement agencies before the should not cover recognized exceptions
collated or processed, owned by the
Requiring a consummated contract will prosecution of the accused, which courts like privileged information, military and
government and used in formulating
keep the public in the dark until the have long recognized as confidential. The diplomatic secrets and similar matters
government policies.
contract, which may be grossly right may also be subject to other affecting national security and public
order. Congress has also prescribed other then can these lands qualify as kind of alienable land of the public ANGARA vs. ELECTORAL
limitations on the right to information in agricultural lands of the public domain, domain. COMMISSION
several legislations. which are the only natural resources the GR NO. 171396 May 3, 2006
government can alienate. In their present
Petitioner: Jose A. Angara
state, the 592.15 hectares of submerged Respondent: electoral Commission,
Clearly, the Amended JVA violates
areas are inalienable and outside the pedro Ynsua, Miguel Castillo, and
(6) Whether stipulations in the Amended glaringly Sections 2 and 3, Article XII of
commerce of man. Dionisio C. Mayor
JVA for the transfer to AMARI of lands, the 1987 Constitution. Under Article
Nature of the Case: original action in
reclaimed or to be reclaimed, violate the 1409[112] of the Civil Code, contracts the SC. Prohibition (Writ of Prohibition to
Constitution. whose “object or purpose is contrary to restrain and prohibit the Electoral
3. Since the Amended JVA seeks to law,” or whose “object is outside the Comission from taking further cognizance
transfer to AMARI, a private corporation, commerce of men,” are “inexistent and of the protest filed by Pedro Ynsua
ownership of 77.34 hectares[110] of the void from the beginning.” The Court must against the election of petitioner as
We can now summarize our conclusions member of National Assembly for the 1 st
Freedom Islands, such transfer is void for perform its duty to defend and uphold the
as follows: district of the Province of Tayabas
being contrary to Section 3, Article XII of Constitution, and therefore declares the
Issue:
the 1987 Constitution which prohibits Amended JVA null and void ab initio. Ponente: Laurel, J.
private corporations from acquiring any
1. The 157.84 hectares of reclaimed kind of alienable land of the public Facts:
lands comprising the Freedom Islands, domain. 1) Sept 17, 1935: elections—Jose
Seventh issue: whether the Court is the Angara, Pedro Ynsua, Miguel
now covered by certificates of title in the
proper forum to raise the issue of whether Castillo and Dionisio Mayor
name of PEA, are alienable lands of the
the Amended JVA is grossly were candidates
public domain. PEA may lease these 2) Oct 7, 1935: Provincial Board of
4. Since the Amended JVA also seeks to disadvantageous to the government.
lands to private corporations but may not canvassers, proclaimed Angara
transfer to AMARI ownership of 290.156
sell or transfer ownership of these lands as member-elect of NA for said
hectares[111] of still submerged areas of
to private corporations. PEA may only district
Manila Bay, such transfer is void for being 3) Nov 15, 1935: petitioner took
sell these lands to Philippine citizens, Considering that the Amended JVA is null
contrary to Section 2, Article XII of the his oath
subject to the ownership limitations in the and void ab initio, there is no necessity to
1987 Constitution which prohibits the 4) Dec 3, 1935: NA passed a
1987 Constitution and existing laws. rule on this last issue. Besides, the Court
alienation of natural resources other than resolution confirming his being
is not a trier of facts, and this last issue elected as member of NA
agricultural lands of the public domain.
involves a determination of factual 5) Dec 8, 1935: Pedro Ynsua filed
PEA may reclaim these submerged
matters. before the EC a “motion of
2. The 592.15 hectares of submerged areas. Thereafter, the government can
Protest” against the election of
areas of Manila Bay remain inalienable classify the reclaimed lands as alienable WHEREFORE, the petition is GRANTED. petitioner and that he be
natural resources of the public domain or disposable, and further declare them The Public Estates Authority and Amari declared winner or the election
until classified as alienable or disposable no longer needed for public service. Still, Coastal Bay Development Corporation of said position be nullified
lands open to disposition and declared no the transfer of such reclaimed alienable are PERMANENTLY ENJOINED from 6) Dec 9, 1935: EC adopted a
longer needed for public service. The lands of the public domain to AMARI will resolution that no protests
implementing the Amended Joint Venture
government can make such classification be void in view of Section 3, Article XII of would be considered anymore
Agreement which is hereby declared 7) Dec 20, 1935: petitioner filed
and declaration only after PEA has the 1987 Constitution which prohibits NULL and VOID ab initio. before the EC “motion to
reclaimed these submerged areas. Only private corporations from acquiring any Dismiss the Protest” alleging
a) Res. NO 8- adopted in e) Par 13 of Sect 1 of ordinance, not an inferior tribunal or a confirmation of such election
legitimate exercise of Par 6 of Art VII – Tydings- corporation or board by resolution of NA?
Constitutional prerogative mcduffie Law, Sec 1 and 3 Art ANSWER OF PEDRO YNSUA:
of the NA to prescribe VIII of Consti—SC—jurisdiction a) At the time of approval of Rules
period during which to pass upon the fundamental of EC (dec 9, 1935) there was ANSWERS:
protests should be questions herein raised no existing law fixing the period 1) Separation of powers—
presented because it involves within which protests against each department of
b) Aforesaid resolution— interpretation of the constitution election of members of NA government has exclusive
accepted the limitation of of the Phils should be filed—Dec 9, 1935— cognizance of matters w/in
said period set last day of filing its jurisdiction and
c) Protest in question has 11) Feb 25, 1936: Solicitor- general b) Respondent presented his supreme w/in its own
been filed out of prescribed on behalf of SC—defenses: motion before dec 9, 1935 sphere
period a) EC has been created by c) EC acquired jurisdiction over - Checks and balances
8) Dec 27, 1935: Pedro Ynsua the Constitution protest filed to secure coordination
filed “ Answer to Motion for (instrumentality of the d) Confirmation of NA not required on the various
Dismissal”—alleging no barring legislative department) by law/ consti –this does not workings of various
of presentation of protest with jurisdiction to decide operate to limit the period within departments of the
against election of member “all contests relating to which protests should be filed government
after confirmation by NA election, returns and as to deprive EC of jurisdiction - In cases of conflict,
9) Dec 31, 1935: Angara filed his disqualifications of over protests filed the judicial dept is the
reply members of NA e) EC is an independent entity only constitutional
10) Case submitted for decision – b) Dec 9, 1935: fixing the created by Consti endowed with organ w/c can be
EC promulgated a resolution— date of last day of filing of quasi-judicial function— called upon to
January 23, 1936 denying protests—legitimate decisions are final and determine the proper
petitioner’s Motion to Dismiss exercise of the implied unappeallable allocation of powers
Protest powers granted by the f) It is a constitutional creation between several
Constitution and is not an inferior tribunal departments and
WHY THE NEED TO ISSUE THE WRIT c) Jan 23, 1936: res. g) Par 6 of Art 7 of TMD has an among the integral or
(according to petitioner) Overruling motion of application to the case at bar constituent units
a) Constitution confers exclusive petitioner to dismiss thereof
jurisdiction upon EC as regards election protest and taking MARCH 13, 1936: case argued: issuance - But judiciary does not
to merits of contested elections cognizance of the said of preliminary writ of prohibition against assert superiority,
to the NA protest—acted in the respondent EC was denied does not nullify or
b) Consti excludes power to legitimate exercise of MARCH 21, 1936- resolution of the court invalidate acts of
regulate the proceedings of said quasi-judicial functions legislature but only
election contests-- reserved to d) Resolution of NA (dec 3, ISSUES TO BE DECIDED IN THE CASE asserts the solemn
the legislative department or the 1936)—confirming election AT BAR: and sacred obligation
NA of members of NA could 1) Has the Supreme Court assigned to it by the
c) EC can regulate proceedings not deprive the EC of its jurisdiction over the EC/ constitution
only if NA have not availed of jurisdiction to take 2) Has the EC acted without or in - JUDICIAL
its primary power to regulate cognizance of election excess of jurisdiction in SUPREMACY: power
such proceedings protests filed within set assuming to take cognizance of of judicial review
d) Res No.8 of NA is valid and date the protest filed against the under the constitution
should be respected and e) EC is a body vested with election of petitioner —limited to actual
obeyed quasi-judicial functions— notwithstanding previous
cases and reduction of legislative reps The grant of power to the EC to and duties make difficult the
controversies from 6 to 4 (sept 15, 1936) judge all contests relating to delimitation of powers granted
PETITIONER’s VIEW:- confirmation Meanwhile: the election, returns and 3) Cases of conflict: the SC is the
nullifies the power of the EC to entertain Committee on Legislative qualifications of members of NA final arbiter—only constitutional
protests against election returns and Power (Sept 24, 1934)=== is intended to be as complete mechanism devised finally to
disqualifications submitted after dec 3, Electoral Commission (6 reps) and is unimpaired as if it has resolve the conflict and allocate
1935 remained originally in the constitutional boundaries
RESPONDENT’S VIEW: EC has the sole legislature 4) JUDICIAL SUPREMACY:
power of regulating its proceedings—Dec - Electoral commission Therefore: It cannot be that NA judicial review on actual cases
9, 1935 resolution should be upheld favored: modified by may regulate the proceedings and controversies—to see that
- Need for final arbiter the Sponsorship of EC and cut off power of the no branch or agency of
to determine conflict Committee (adopt EC to lay down the period w/in government transcends the
of authority between unicameral rather w/c protests should be filed consti—source of all authority
two agencies crested than bicameral The EC in such case would be 5) EC is the sole judge of all
by the Constitution legislature)=== invested with power to contests realting to election,
submitted to the determine contested cases returns and qualifications of
DECISION FOR ISSUE # 1: SC has convention (Oct 26, involving the election, returns members of NA
jurisdiction over EC and the subject 1934) and qualifications of the 6) EC is an independent
matter of controversy - Delegates Labrador members of the NA not subject constitutional creation w/
( Constitutiona grants to EC the power of and Abordo: amend to at all times to the regulative specific powers and functions
being the sole judge to protests regarding seek restoration of power of NA 7) Under the prevailing organic
election returns, and qualifications of the peace and decide on This will lead to DUAL Law before the present consti—
members of the NA) contests relating to AUTHORITY—clash of powers legislature (each house) sole
elections of NA- to from time to time judge to elections
DECISION FOR ISSUE #2: Sec 4 of Art neutralize politics, EC has the power and authority 8) Present consti has transferred
VI of Constitution (3 justices of Sc, 6 from non-partisan Confirmation from the NA is not all these powers to EC
NA – 3 majority, 3 from that with second character of the needed or necessary—mere 9) Such transfer of power was full,
largest number of votes); sole judge to all Commission certification from Prov board of clear and complete
contests…. January 31, 1935: draft made for approval canvassers is sufficient to 10) EC creation’s purpose:
Original provision : Act of entitle a member-elect to a seat independent consti organ to
Congress of July 1, 1902 Transfer of power of in the NA and renders him handle contests on elections of
—“Assembly shall be the judge determining the election, return eligible to any office in the said NA members impartially and
of elections, returns and and qualifications of the budy with to reduce if not totally avoid
qualifications of its members” members of the legislative long partisan politics
Under the JONES LAW- each
HOW IT WAS CREATED: EC lodged in the leg body to an 11) Sec 4 Art VI of Consti repealed
house of the Phil leg fixed the
Subcommittee of 5 appointed independent, impartial and non- Sec 18 of Jones Law and Sec
time when protests against
by Committee on Constitutional partisan tribunal 478 Act 388 authorizing each
election should be filed but this
Guarantees of constitutional Purpose was to transfer in house to prescribe time and
was repealed by the Consti
Convention (August 30, totality the powers previously manner of filing
1934)=== creation of a Tribunal exercised by the legislative in protests/contests on elections
CONCLUSIONS
for Constitutional Security matters pertaining to contested of member
1) Government established by the
(hear protests in Congress and elections of its members to an 12) Confirmation of NA is not
Consti following the theory of
Exec officials- independent and impartial essential for discharging of
separation of powers (L, E, J)
elections)===Committee of tribunal functions and duties
2) System of checks and balances
Constitutional Guarantees== and the overlapping of functions
13) Confirmation of NA does not
and cannot deprive the EC of its
incidental power to prescribe
the time w/in w/c protests
against election of any member
of NA should be filed
THEREFORE:
EC was acting w/in the
legitimate exercise of its
constitutional prerogative in
assuming to take cognizance of
the protest filed by Pedro Ynsua
against the election of petitioner
Jose Angara
Resolution of NA dated Dec 3,
1935 cannot in any matter toll
the time of filing protests
against the election
DECISION:
The writ of prohibition against the EC is
hereby DENIED with costs against
petitioner.
CONCURRING OPINION
Abad Santos, J
- Power vested by
consti to EC judicial
in nature and purpose
of creation of EC was
not to erect a body
above the law but to
raise leg election
contests from the
layer of political to
justiciable decision
- Authority to prescribe
time for filing protest –
EC
- Dec 3, 1935 reso did
not ban EC from
taking cognizance of
the protest