Narratives

Constitutional Law II
Michael Vernon Guerrero Mendiola
2005
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#AS)I *#hili$$ine Association o( Service )+$orters Inc, v" -rilon *G% L-./05.1 !0 2une /0.., 3 /
Sison v" Ancheta *G% L-504!/1 25 2ul5 /0.4, 3 /
#eo$le v" 6ernande7 *G% L-8025-281 /. 2ul5 /058, 3 2
#eo$le v" Isinain *G% L-2.591 2. :ebruar5 /050, 3 !
Chave7 v" #CGG *G% /!09/81 0 -ecember /00., 3 4
Nune7 v" Sandi&anba5an *G% L-505./-508/91 !0 2anuar5 /0.2, 3 5
Lacson v" )+ecutive Secretar5 *G% /2.0081 20 2anuar5 /000, 3 8
Soriano v" Court o( A$$eals *G% /2!0!81 4 March /000, 3 .
;NI-< v" Comelec *G% 585/51 ! A$ril /0./, 3 0
Ceni7a v" Comelec *G% L-52!041 2. 2anuar5 /0.0, 3 0
#hili$$ine 2ud&es Association *G% /05!9/1 // November /00!, 3 /0
<livare7 v" Sandi&anba5an *G% //.5!!1 4 <ctober /005, 3 /2
'iu v" Court o( A$$eals *G% /294/01 20 2anuar5 /000, 3 /!
International School Alliance o( )ducators =ISA)> vs" ?uisumbin& *G% /2..451 / 2une 2000, 3 /4
#hili$$ine %ural )lectric Coo$erative Association Inc" =#6IL%)CA>1 et" al"
vs" Secretar5 o( -e$artment o( Interior and Local Government =-ILG> *G% /4!0981 /0 2une 200!, """/5
This collection contains fifteen (15) cases
summarized in this format by
Michael Vernon M. Guerrero (as a senior law student)
during the First emester! school year "##5$"##%
in the &olitical 'aw (e)iew class
under *ean Mariano Magsalin +r.
at the ,rellano -ni)ersity chool of 'aw (,-').
.om/iled as &*F! e/tember "#1".
0erne Guerrero entered ,-' in +une "##"
and e)entually graduated from ,-' in "##%.
1e /assed the &hili//ine bar e2aminations immediately after (,/ril "##3).
berne&uerrero"word$ress"com
Narratives (Berne Guerrero)
96 PASEI [Philippine Association of Service Exporters Inc] v. Drilon [GR L-!9"# $% &'ne !9]
En Banc, Sarmiento (J): 12 concur, 2 on leave
(acts) The Philippine Association of Service Exporters, Inc. (PASEI) is a firm "engaged principally in the
recritment of !ilipino "or#ers, male and female, for overseas placement." It challenged the $onstittional
validity of %&'E(s %epartment &rder ) (series of )*++), in the character of ",idelines ,overning the
Temporary Sspension of %eployment of !ilipino %omestic and -osehold .or#ers," in a petition for
certiorari and prohi/ition. The measre is assailed ()) for "discrimination against males or females0" that it
"does not apply to all !ilipino "or#ers /t only to domestic helpers and females "ith similar s#ills0" (1) for
/eing violative of the right to travel, and (2) for /eing an invalid exercise of the la"ma#ing po"er, police
po"er /eing legislative, and not exective, in character. PASEI also invo#ed Section 2 of Article 3III of the
$onstittion providing for "or#er participation "in policy and decision4ma#ing processes affecting their rights
and /enefits as may /e provided /y la" as %epartment &rder 5o. ), as contended, "as passed in the a/sence
of prior consltations. It also claimed that it violated the $harter6s non4impairment clase, in addition to the
"great and irrepara/le in7ry" that PASEI mem/ers face shold the &rder /e frther enforced. &n 18 9ay
)*++, the Solicitor ,eneral, on /ehalf of the Secretary of 'a/or and Administrator of the P&EA, filed a
$omment informing the $ort that on + 9arch )*++, the 'a/or Secretary lifted the deployment /an in the
states of Ira:, ;ordan, <atar, $anada, -ong#ong, =nited States, Italy, 5or"ay, Astria, and S"it>erland. In
s/mitting the validity of the challenged "gidelines," the Solicitor ,eneral invo#es the police po"er of the
Philippine State.
Iss'e) .hether %epartment &rder ) ndly discriminates against "omen.
*el+) %epartment &rder ) applies only to "female contract "or#ers," /t it does not there/y ma#e an nde
discrimination /et"een the sexes. ?E:ality /efore the la"" nder the $onstittion does not import a perfect
identity of rights among all men and "omen. It admits of classifications, provided that ()) sch classifications
rest on s/stantial distinctions0 (1) they are germane to the prposes of the la"0 (2) they are not confined to
existing conditions0 and (@) they apply e:ally to all mem/ers of the same class. The classification made A
the preference for female "or#ers A rests on s/stantial distinctions. The sordid tales of maltreatment
sffered /y migrant !ilipina "or#ers, even rape and varios forms of tortre, confirmed /y testimonies of
retrning "or#ers, are compelling motives for rgent ,overnment action. As precisely the careta#er of
$onstittional rights, the $ort is called pon to protect victims of exploitation. In flfilling that dty, the
$ort sstains the ,overnment6s efforts. There is no evidence that, except perhaps for isolated instances,
!ilipino men a/road have /een afflicted "ith an identical predicament. %iscrimination in this case is 7stified.
!rther, the impgned gidelines are applica/le to all female domestic overseas "or#ers, not all !ilipina
"or#ers. -ad the /an /een given niversal applica/ility, then it "old have /een nreasona/le and ar/itrary,
de to the fact that not all of them are similarly circmstanced. .hat the $onstittion prohi/its is the singling
ot of a select person or grop of persons "ithin an existing class, to the pre7dice of sch a person or grop
or reslting in an nfair advantage to another person or grop of persons. .here the classification is /ased on
sch distinctions that ma#e a real difference as infancy, sex, and stage of civili>ation of minority grops, the
/etter rle is to recogni>e its validity only if the yong, the "omen, and the cltral minorities are singled ot
for favora/le treatment.
9, Sison v. Ancheta [GR L-"9-$!# ." &'l/ !9-]
En Banc, Fernando (J): 9 concur, 2 concur in result, 1 concur in separate opinion, 1 took no part
(acts) Antero 9. Sison ;r., as taxpayer, alleges that Section ) of BP )28 (allegedly modifying Section 1) of
the )*CC 5ational Internal Devene $ode, "hich provides for rates of tax on citi>ens or residents on EaF
taxa/le compensation income, E/F taxa/le net income, EcF royalties, pri>es, and other "innings, EdF interest
from /an# deposits and yield or any other monetary /enefit from deposit s/stittes and from trst fnd and
similar arrangements, EeF dividends and share of individal partner in the net profits of taxa/le partnership, EfF
Constitutional Law II, 2005 ( 1 )
Narratives (Berne Guerrero)
ad7sted gross income. ) ndly discriminated against him /y the imposition of higher rates of tax pon his
income arising from the exercise of his profession vis4a4vis those "hich are imposed pon fixed income or
salaried individal taxpayers. -e characteri>es the a/ove section as ar/itrary amonting to class legislation,
oppressive and capricios in character0 that there is a transgression of /oth the e:al protection and de
process clases of the $onstittion as "ell as of the rle re:iring niformity in taxation.
Iss'e) .hether professionals and /sinessmen, li#e Sison, are ndly discriminated for not /eing entitled to
dedctions for income tax prposes.
*el+) The rle of taxation shall /e niform and e:ita/le. This re:irement is met "hen the tax operates "ith
the same force and effect in every place "here the s/7ect may /e fond. The rle of niformity does not call
for perfect niformity or perfect e:ality, /ecase this is hardly attaina/le. Taxpayers may /e classified into
different categories. It is enogh that the classification mst rest pon s/stantial distinctions that ma#e real
differences. In the case of the gross income taxation em/odied in BP )28, the discerni/le /asis of
classification is the sscepti/ility of the income to the application of generali>ed rles removing all dedcti/le
items for all taxpayers "ithin the class and fixing a set of redced tax rates to /e applied to all of them.
Taxpayers "ho are recipients of compensation income are set apart as a class. As there is practically no
overhead expense, these taxpayers are not entitled to ma#e dedctions for income tax prposes /ecase they
are in the same sitation more or less. &n the other hand, in the case of professionals in the practice of their
calling and /sinessmen, there is no niformity in the costs or expenses necessary to prodce their income. It
"old not /e 7st then to disregard the disparities /y giving all of them >ero dedction and indiscriminately
impose on all ali#e the same tax rates on the /asis of gross income. There is ample 7stification to adopt the
gross system of income taxation to compensation income, "hile contining the system of net income taxation
as regards professional and /siness income.
9 People v. *ernan+e0 [GR L-6%."-.6# ! &'l/ !9"6]
Resolution En Banc, Concepcion (J): concur, 1 concurs in result
(acts) ()) Amado G. -ernande> alias Gictor alias Soliman alias Amado alias AG- alias Gictor Soliman, (1)
,illermo $apadocia alias -an Bantiling alias $ap alias ,. $apadocia, (2) 9ariano P. Balgos alias Ba#al
alias Tony $ollantes alias Bonifacio, (@) Alfredo Salo alias Elias alias !red alias A.B.S. alias A.B., (8)
Andres Baisa, ;r. alias Ben alias Andy (H) ,enaro de la $r> alias ,on>alo alias ,orio alias Arong, (C)
A:ilino Bnsol alias Anong, (+) Adriano Samson alias %anoy, (*) ;an ;. $r> alias ;ohnny 1, alias ;essie
.ilson alias .illiam, ()I) ;aco/o Espino, ())) Amado Dacanday, ()1) !ermin Dodillas, and ()2) ;lian
'manog alias 9ane, "ere accsed of the crime of re/ellion "ith mltiple mrder, arsons and ro//eries.
The prosection maintained that -ernande> is charged "ith re/ellion complexed "ith mrders, arsons and
ro//eries, for "hich the capital pnishment may /e imposed. The defense contends, among other things, that
re/ellion can not /e complexed "ith mrder, arson, or ro//ery. The lo"er cort sentenced -ernande> merely
to life imprisonment. A petition for /ail "as filed /y Amado -ernande> on 1+ %ecem/er )*82, "hich "as
denied /y a resoltion of the Spreme $ort dated 1 !e/rary )*8@. A similar petition for /ail "as filed /y
-ernande> on 1H ;ne )*8@ and rene"ed on 11 %ecem/er )*88.
Iss'e) .hether -ernande> is entitled to right to /ail.
*el+) Inasmch as the acts specified in Article )28 of the Devised Penal $ode constitte one single crime, it
follo"s necessarily that said acts offer no occasion for the application of Article @+, "hich re:ires therefor
the commission of, at least, t"o crimes. -ence, the Spreme cort has never in the past convicted any person
of the "complex crime of re/ellion "ith mrder". .hat is more, it appears that in every one of the cases of
re/ellion p/lished in the Philippine Deports (=S vs. 'agnason, 2 Phil. @C10 =S vs. Baldello, 2 Phil. 8I*, =S
vs. Ayala, H Phil. )8)0 'eage vs. People, C2 Phil. )88), the defendants therein "ere convicted of simple
re/ellion, althogh they had #illed several persons, sometimes peace officers. The ingredients of a crime form
Constitutional Law II, 2005 ( 2 )
Narratives (Berne Guerrero)
part and parcel thereof, and, hence, are a/sor/ed /y the same and cannot /e pnished either separately
therefrom or /y the application of Article @+ of the Devised Penal $ode. The la" pnishing re/ellion (Article
)28, Devised Penal $ode) specifically mentions the act of engaging in "ar and committing serios violence
among its essential elements, ths clearly indicating that everything done in the prosection of said "ar, as a
means necessary therefor, is em/raced therein. 5ational, as "ell as international, la"s and 7risprdence
over"helmingly favor the proposition that common crimes, perpetrated in frtherance of a political offense,
are divested of their character as "common" offenses and assme the political complexion of the main crime
of "hich they are mere ingredients, and, conse:ently, cannot /e pnished separately from the principal
offense, or complexed "ith the same, to 7stify the imposition of a graver penalty. The policy of or stattes
on re/ellion is to consider all acts committed in frtherance thereof as constitting only one crime, pnisha/le
"ith one single penalty. !rther, the settled policy of or la"s on re/ellion, since the /eginning of the centry,
has /een one of decided leniency, in comparison "ith the la"s enforce dring the Spanish regime. Althogh
the ,overnment has, for the past 8 or H years, adopted a more vigoros corse of action in the apprehension
of violators of said la" and in their prosection the esta/lished policy of the State, as regards the pnishment
of the clprits has remained nchanged since )*21. !rthermore, to deny /ail it is not enogh that the
evidence of gilt is strong0 it mst also appear that in case of conviction the defendant6s criminal lia/ility
"old pro/a/ly call for a capital pnishment. Ths, in conclsion, nder the allegations of the amended
information against -ernande>, the mrders, arsons and ro//eries descri/ed therein are mere ingredients of
the crime of re/ellion allegedly committed /y said defendants, as means "necessary" for the perpetration of
said offense of re/ellion0 that the crime charged in the amended information is, therefore, simple re/ellion,
not the complex crime of re/ellion "ith mltiple mrder, arsons and ro//eries0 that the maximm penalty
imposa/le nder sch charge cannot exceed )1 years of prision mayor and a fine of P1I,III0 and that, in
conformity "ith the policy of the Spreme $ort in dealing "ith accsed persons amena/le to a similar
pnishment, said defendant may /e allo"ed /ail.
99 People v. Isinain [GR L-.",# . (e1r'ar/ !9"%]
Second !ivision, Ben"#on (J): $ concur
(acts) In the morning of C 9arch )*@C, =r/ano $r>, the encargado of the cocont grove of Artro
Esta:io in 'atan and Balagtasan, $ity of Jam/oanga, "as informed /y one of the gards that there "ere 2
persons stealing coconts in the said plantation. $r> called Ernesto !argas, Esta:io(s trc# driver, and
accompanied /y some la/orers, proceeded to the plantation. There the grop sa" 2 persons, chopping
coconts. .hen they approached, the trespassers started to rn a"ay, /t $r> fired a shot into the air, and
one stopped and "as apprehended. -e trned ot to /e 9oro Isnain, "ho, pon investigation /y the precinct
commander of the police station ('t. Bcoy) ac#no"ledged his clpa/ility, as#ed for pardon and identified his
confederates as 9oros Addi and A#i# ("ho are still at large). Before the 7stice of the peace he pleaded gilty
to the charge. -o"ever, in the $ort of !irst Instance ($!I), he changed his mind. -e admitted he had /een
arrested dring the raid, /t s/mitted the flimsy excse that he had merely gone to the place /ecase he "as
thirsty, and confessed that he 7oined the other t"o thieves in order to drin# cocont "ater. -is attorney de
officio raised the constittionality of Article 2)I of the Devised Penal $ode, as it allegedly pnishes the
larceny of sch prodcts (the stealing of coconts) more heavily than the ta#ing a"ay of similar prodce (rice
and sgar) and there/y denies 9oro Isinain e:al protection of the la"s.
Iss'e) .hether the harsher penalties in the theft of coconts over other o/7ects of theft renders the penal la"
contrary to the constittional garanty on e:al protection of the la".
*el+) 5o. Althogh the constittional garanty re:ires the treatment ali#e, in the same place and nder li#e
circmstances and conditions, of all persons s/7ected to state legislation0 a state, as a part of its police po"er,
may exercise a large measre of discretion, "ithot violating the e:al protection garanty, in creating and
defining criminal offenses, and may ma#e classifications as to persons amena/le to pnishment, so long as the
classifications are reasona/le and the legislation /ears e:ally on all in the same class, and, "here a
Constitutional Law II, 2005 ( 3 )
Narratives (Berne Guerrero)
reasona/le classification is made as /et"een persons or corporations, the persons or corporations in each class
may /e dealt "ith in a manner different from that employed "ith regard to the persons or corporations in
other classes. -erein, on the theft of coconts, the prpose of the heavier penalty is to encorage and protect
the development of the cocont indstry as one of the sorces of the national economy. =nli#e rice and sgar
cane farms "here the range of vision is no/strcted, cocont groves can not /e efficiently "atched /ecase
of the natre of the gro"th of cocont trees0 and "ithot a special measre to protect this #ind of property, it
"ill /e the favorite resort of thieves. There is therefore, some reason for the special treatment accorded the
indstry and as it can not /e said that the classification is entirely "ithot /asis.
!%% 2have0 v. P2GG [GR !$%,!6# 9 Dece31er !99]
First !ivision, %an"ani&an (J): ' concur
(acts) !rancisco I. $have>, as "taxpayer, citi>en and former government official "ho initiated the prosection
of the 9arcoses and their cronies "ho committed nmitigated plnder of the p/lic treasry and the
systematic s/7gation of the contry6s economy," alleges that "hat impelled him to /ring the action "ere
several ne"s reports /annered in a nm/er of /roadsheets sometime in Septem/er )**C referring to ()) the
alleged discovery of /illions of dollars of 9arcos assets deposited in varios coded acconts in S"iss /an#s0
and (1) the reported exection of a compromise, /et"een the government (throgh P$,,) and the 9arcos
heirs, on ho" to split or share these assets. $have>, invo#ing his constittional right to information and the
correlative dty of the state to disclose p/licly all its transactions involving the national interest, demands
that the Presidential $ommission on ,ood ,overnment (P$,,) ma#e p/lic any and all negotiations and
agreements pertaining to P$,,6s tas# of recovering the 9arcoses6 ill4gotten "ealth. -e claimed that any
compromise on the alleged /illions of ill4gotten "ealth involves an isse of "paramont p/lic interest," since
it has a "de/ilitating effect on the contry6s economy" that "old /e greatly pre7dicial to the national interest
of the !ilipino people. P$,, claimed $have>(s action is prematre as he has not as#ed the P$,, to disclose
the negotiations and agreements and that the proposed terms of the Agreements have not /ecome effective
and /inding. They frther aver that the 9arcos heirs have s/mitted the s/7ect Agreements to the
Sandigan/ayan for its approval, "hich the Dep/lic has opposed as it has not /een ratified nor s/mitted to
the President for approval0 and that the 9arcos heirs have failed to comply "ith the nderta#ings,
particlarly the collation and s/mission of an inventory of their assets. &n )* Agst )**+, ,loria, $elnan,
Scarlet and Teresa, all srnamed ;opson, filed /efore the $ort a 9otion for Intervention, attaching thereto
their Petition in Intervention. They aver that they are "among the )I,III claimants "hose right to claim from
the 9arcos !amily andKor the 9arcos Estate is recogni>ed /y the decision in In re Estate of !erdinand
9arcos, -man Dights 'itigation, 9aximo -ilao, et al., $lass Plaintiffs 5o. *14)881H, = .S. $ort of
Appeals for the *th $ircit =S App. 'exis )@C*H, ;ne )H, )**@ and the %ecision of the S"iss Spreme $ort
of %ecem/er )I, )**C"0 and as sch, they claim to have personal and direct interest in the s/7ect matter of
the case, since a distri/tion or disposition of the 9arcos properties may adversely affect their legitimate
claims. In a minte Desoltion issed on 1@ Agst )**+, the $ort granted their motion to intervene.
Iss'e) .hether the civil and criminal lia/ilities of the 9arcoses may /e compromised, as em/odied in the
,eneral and Spplemental Agreements /et"een the P$,, and the 9arcoses.
*el+) In general, the la" encorages compromises in civil cases, except "ith regard to the follo"ing mattersL
()) the civil stats of persons, (1) the validity of a marriage or a legal separation, (2) any grond for legal
separation, (@) ftre spport, (8) the 7risdiction of corts, and (H) ftre legitime. And li#e any other
contract, the terms and conditions of a compromise mst not /e contrary to la", morals, good cstoms, p/lic
policy or p/lic order. A compromise is /inding and has the force of la" /et"een the parties, nless the
consent of a party is vitiated A sch as /y mista#e, frad, violence, intimidation or nde inflence A or
"hen there is forgery, or if the terms of the settlement are so palpa/ly nconsciona/le. In the latter instances,
the agreement may /e invalidated /y the corts. In the a/sence of an express prohi/ition, the rle on
compromises in civil actions nder the $ivil $ode is applica/le to P$,, cases. Sch principle is prsant to
Constitutional Law II, 2005 ( 4 )
Narratives (Berne Guerrero)
the o/7ectives of Exective &rder (E&) )@, particlarly the 7st and expeditios recovery of ill4gotten "ealth,
so that it may /e sed to hasten economic recovery. -o"ever, any compromise relating to the civil lia/ility
arising from an offense does not atomatically terminate the criminal proceeding against or extingish the
criminal lia/ility of the malefactor. .hile a compromise in civil sits is expressly athori>ed /y la", there is
no similar general sanction as regards criminal lia/ility. The athority mst /e specifically conferred. The
po"er to grant criminal immnity "as conferred on P$,, /y Section 8 of E& )@, as amended /y E& )@4A.
!rom the "ording of the la", ho"ever, it can /e easily dedced that the person referred to is a "itness in the
proceeding, not the principal respondent, defendant or accsed. -erein, the ,eneral and Spplemental
Agreements /et"een the P$,, and the 9arcos heirs have serios legal fla"s. !irst, the Agreements do not
conform to the a/ove re:irements of E& )@ and )@4A. $riminal immnity nder Section 8 cannot /e granted
to the 9arcoses, "ho are the principal defendants in the spate of ill4gotten "ealth cases pending /efore the
Sandigan/ayan. Second, nder Item 1 of the ,eneral Agreement, the P$,, commits to exempt from all
forms of taxes the properties to /e retained /y the 9arcos heirs. This is a clear violation of the $onstittion.
The po"er to tax and to grant tax exemptions is vested in the $ongress and, to a certain extent, in the local
legislative /odies. The P$,, has a/soltely no po"er to grant tax exemptions, even nder the cover of its
athority to compromise ill4gotten "ealth cases. Third, the government /inds itself to case the dismissal of
all cases against the 9arcos heirs, pending /efore the Sandigan/ayan and other corts. This is a direct
encroachment on 7dicial po"ers, particlarly in regard to criminal 7risdiction. &nce a case has /een filed
/efore a cort of competent 7risdiction, the matter of its dismissal or prsance lies "ithin the fll discretion
and control of the 7dge, once 7risdiction is ac:ired /y the trial cort. The P$,,, as the government
prosector of ill4gotten "ealth cases, cannot garantee the dismissal of all sch criminal cases against the
9arcoses pending in the corts, for said dismissal is not "ithin its sole po"er and discretion. !orth, the
government also "aives all claims and conterclaims, ""hether past, present, or ftre, matred or inchoate,"
against the 9arcoses. Again, this all4encompassing stiplation is contrary to la". =nder the $ivil $ode, an
action for ftre frad may not /e "aived. The stiplation in the Agreement does not specify the exact scope
of ftre claims against the 9arcoses that the government there/y relin:ishes. This is a palpa/le violation of
the de process and e:al protection garantees of the $onstittion. It effectively ensconces the 9arcoses
/eyond the reach of the la". It also sets a dangeros precedent for p/lic acconta/ility. It is a virtal "arrant
for p/lic officials to amass p/lic fnds illegally, since there is an open option to compromise their lia/ility
in exchange for only a portion of their ill4gotten "ealth. !ifth, the Agreements do not provide for a definite or
determina/le period "ithin "hich the parties shall flfill their respective prestations. It may ta#e a lifetime
/efore the 9arcoses s/mit an inventory of their total assets. Sixth, the Agreements do not state "ith
specificity the standards for determining "hich assets shall /e forfeited /y the government and "hich shall /e
retained /y the 9arcoses. .hile the Spplemental Agreement provides that the 9arcoses shall /e entitled to
18M of the N28H million S"iss deposits (less government recovery expenses), sch sharing arrangement
pertains only to the said deposits. 5o similar splitting scheme is defined "ith respect to the other properties.
5either is there, any"here in the Agreements, a statement of the /asis for the 184C8 percent sharing ratio.
!inally, the a/sence of then President Damos6 approval of the principal Agreement, and express condition
therein, renders the compromise incomplete and nenforcea/le. 5evertheless, even if sch approval "ere
o/tained, the Agreements "old still not /e valid.
!%! 4'ne0 v. San+i5an1a/an [GR L-"%"!-"%6!,# $% &an'ar/ !9.]
En Banc, Fernando (J): ( concur, 2 took no part)
(acts) Information "ere filed against Dfino G. 5ne> /efore Sandigan/ayan on 1) !e/rary and 1H 9arch
)*C* for the crime of estafa throgh falsification of p/lic and commercial docments committed in
connivance "ith his co4accsed, all p/lic officials, in several cases. Thereafter, on )8 9ay, pon /eing
arraigned, he filed a motion to :ash on constittional and 7ridical gronds. A "ee# later, the Sandigan/ayan
denied the motion. A motion for reconsideration "as filed a day later, and "as li#e"ise denied. 5ne> filed a
petition for certiorari and prohi/ition "ith the Spreme $ort, claiming that Presidential %ecree )@+H, "hich
created the Sandigan/ayan, is violative of the de process, e:al protection, and ex post facto clases of the
Constitutional Law II, 2005 ( 5 )
Narratives (Berne Guerrero)
$onstittion.
Iss'e) .hether the trial of the accsed, a p/lic official, /y the Sandigan/ayan ndly discriminates against
the accsed, in light of the difference of the procedres (especially appellate) in the Sandigan/ayan vis4a4vis
reglar corts.
*el+) The $onstittion provided for /t did not create a special $ort, the Sandigan/ayan, "ith "7risdiction
over criminal and civil cases involving graft and corrpt practices and sch other offenses committed /y
p/lic officers and employees, inclding those in government4o"ned or controlled corporations, in relation to
their office as may /e determined /y la"." It came into existence "ith the issance in )*C+ of a Presidential
%ecree. $lassification mst /e /ased on s/stantial distinctions "hich ma#e real differences0 it mst /e
germane to the prposes of the la"0 it mst not /e limited to existing conditions only, and mst apply e:ally
to each mem/er of the class. The constittion specifically ma#es mention of the creation of a special cort,
the Sandigan/ayan, precisely in response to a pro/lem, i.e. dishonesty in the p/lic service, the rgency of
"hich cannot /e denied. It follo"s that those "ho may thereafter /e tried /y sch cort oght to have /een
a"are as far /ac# as )C ;anary )*C2, "hen the present $onstittion came into force, that a different
procedre for the accsed therein, "hether petitioner is a private citi>en or a p/lic official, is not necessarily
offensive to the e:al protection clase of the $onstittion. !rther, the omission of the $ort of Appeals as
intermediate tri/nal does not deprive protection of li/erty. The innocence or gilt of an accsed in the
Sandigan/ayan is passed pon /y 247dge cort of its division. 9oreover, a nanimos vote is re:ired,
failing "hich "the Presiding ;stice shall designate t"o other 7stices from among the mem/ers of the $ort
to sit temporarily "ith them, forming a division of five 7stices, and the concrrence of a ma7ority of sch
division shall /e necessary for rendering 7dgment." If convicted, the Sandigan/ayan en /anc has the dty if
he see#s a revie" to see "hether any error of la" "as committed to 7stify a reversal of the 7dgment.
!%. Lacson v. Exec'tive Secretar/ [GR !.%96# .% &an'ar/ !999]
En Banc, *artine# (J): 1 concur
(acts) &n )+ 9ay )**8, )) persons /elieved to /e mem/ers of the Oratong Baleleng gang "ere slain along
$ommon"ealth Avene in <e>on $ity /y elements of the Anti4Ban# Do//ery and Intelligence Tas# ,rop
(ABDIT,) headed /y P5P $hief Sperintendent ;e"el $anson. The ABDIT, "as composed of police
officers from the Traffic 9anagement $ommand (T9$) led /y Senior Sperintendent !rancisco J/ia, ;r.0
PA$$ Tas# !orce -a/agat (PA$$4T!-) headed /y $hief Sperintendent Panfilo 9. 'acson0 $entral Police
%istrict $ommand ($P%$) led /y $hief Sperintendent Dicardo de 'eon0 and the $riminal Investigation
$ommand ($I$) headed /y $hief Sperintendent Domeo Acop. Acting on a media expose of SP&1 Edardo
delos Deyes, a mem/er of the $I$, alleged that "hat actally transpired "as a smmary exection and not a
shoot4ot /et"een the Oratong Baleleng gang mem/ers and the ABDIT,. &m/dsman Aniano %esierto
formed a panel of investigators headed /y the %epty &m/dsman for 9ilitary Affairs, Bienvenido
Blancaflor, to investigate the incident. This panel later a/solved from any criminal lia/ility all the P5P
officers and personnel allegedly involved in the )+ 9ay )**8 incident, "ith a finding that the said incident
"as a legitimate police operation. -o"ever, a revie" /oard led /y &verall %epty &m/dsman !rancisco
Gilla modified the Blancaflor panel6s finding and recommended the indictment for mltiple mrder against 1H
accsed, inclding 'acson, J/ia, and Acop. This recommendation "as approved /y the &m/dsman, except
for the "ithdra"al of the charges against $hief Spt. Dicardo de 'eon. &n 1 5ovem/er )**8, 'acson "as
among those charged as principal in )) informations for mrder /efore the Sandigan/ayan6s Second %ivision,
"hile Acop and J/ia "ere among those charged in the same informations as accessories after4the4fact. =pon
motion /y all the accsed in the )) informations, the Sandigan/ayan allo"ed them to file a motion for
reconsideration of the &m/dsman6s action. After condcting a reinvestigation, the &m/dsman filed on )
9arch )**H, )) amended informations /efore the Sandigan/ayan, "herein 'acson "as charged only as an
accessory, together "ith Acop and J/ia and others. &ne of the accsed "as dropped from the case. &n 84H
9arch )**H, all the accsed filed separate motions :estioning the 7risdiction of the Sandigan/ayan,
Constitutional Law II, 2005 ( 6 )
Narratives (Berne Guerrero)
asserting that nder the amended informations, the cases fall "ithin the 7risdiction of the DT$ prsant to
Section 1 (paragraphs a and c) of Dep/lic Act (DA) C*C8. They contend that the said la" limited the
7risdiction of the Sandigan/ayan to cases "here one or more of the " principal accsed" are government
officials "ith Salary ,rade (S,) 1C or higher, or P5P officials "ith the ran# of $hief Sperintendent
(Brigadier ,eneral) or higher. The highest ran#ing principal accsed in the amended informations has the
ran# of only a $hief Inspector, and none has the e:ivalent of at least S, 1C. &n + 9ay )**H, a resoltion
penned /y ;stice %emetrio, "ith ;stices 'agman and de 'eon concrring, and ;stices Bala7adia and
,architorena dissenting, the Sandigan/ayan admitted the amended information and ordered the cases
transferred to the <e>on $ity DT$ "hich has original and exclsive 7risdiction nder Dep/lic Act, as none
of the principal accsed has the ran# of $hief Sperintendent or higher. &n )C 9ay )**H, the &ffice of the
Special Prosector moved for a reconsideration, insisting that the cases shold remain "ith the
Sandigan/ayan. .hile motions for reconsideration "ere pending resoltion, and even /efore the isse of
7risdiction cropped p "ith the filing of the amended informations on ) 9arch )**H, -B 11** and -B )I*@
(sponsored /y Depresentatives Edcel $. 'agman and 5eptali 9. ,on>ales II, respectively), as "ell as SB +@@
(sponsored /y Senator 5eptali ,on>ales), "ere introdced in $ongress, definingKexpanding the 7risdiction of
the Sandigan/ayan /y deleting the "ord "principal" from the phrase "principal accsed" in Section 1
(paragraphs a and c) of DA C*C8. These /ills "ere consolidated and later approved into la" as DA +1@* /y
the President of the Philippines on 8 !e/rary )**C. &n 8 9arch )**C, the Sandigan/ayan promlgated a
Desoltion denying the motion for reconsideration of the Special Prosector, rling that it "stands pat in its
resoltion dated + 9ay )**H. &n the same day, the Sandigan/ayan issed an Addendm to its 8 9arch )**C
Desoltion granting the Special Prosector(s motion for reconsideration in light of the enactment of DA +1@*,
admitting the amended information, and retaining 7risdiction to try and decide the cases. 'acson, ths,
:estions the constittionality of Section @ of DA +1@*, inclding Section C thereof "hich provides that the
said la" "shall apply to all cases pending in any cort over "hich trial has not /egn as of the approval
hereof."
Iss'e) .hether 'acson and his co4accsed "ere placed nder a different category from those sitated
similarly to them, in light of the amendments nder Dep/lic Act +1@*.
*el+) The classification /et"een those pending cases involving the concerned p/lic officials "hose trial has
not yet commenced and "hose cases cold have /een affected /y the amendments of the Sandigan/ayan
7risdiction nder DA +1@*, as against those cases "here trial had already started as of the approval of the
la", rests on s/stantial distinction that ma#es real differences. In the first instance, evidence against them
"ere not yet presented, "hereas in the latter the parties had already s/mitted their respective proofs,
examined "itnesses and presented docments. Since it is "ithin the po"er of $ongress to define the
7risdiction of corts s/7ect to the constittional limitations, it can /e reasona/ly anticipated that an
alteration of that 7risdiction "old necessarily affect pending cases, "hich is "hy it has to provide for a
remedy in the form of a transitory provision. Sections @ and C does not place 'acson and intervenors nder a
different category from those similarly sitated as them. Precisely, paragraph a of Section @ provides that it
shall apply to "all cases involving" certain p/lic officials and, nder the transitory provision in Section C, to
"all cases pending in any cort." -o"ever, to fall nder the exclsive original 7risdiction of the
Sandigan/ayan, the follo"ing re:isites mst concrL ()) the offense committed is a violation of (a) D.A.
2I)*, as amended (the Anti4,raft and $orrpt Practices Act), (/) D.A. )2C* (the la" on ill4gotten "ealth), (c)
$hapter II, Section 1, Title GII, Boo# II of the Devised Penal $ode (the la" on /ri/ery), (d) Exective &rder
5os. ), 1, )@, and )@4A, issed in )*+H (se:estration cases), or (e) other offenses or felonies "hether simple
or complexed "ith other crimes0 (1) the offender committing the offenses in items (a), (/), (c) and (e) is a
p/lic official or employee holding any of the positions enmerated in paragraph a of Section @0 and (2) the
offense committed is in relation to the office. Specifically, an offense is said to have /een committed in
relation to the office if it (the offense) is "intimately connected" "ith the office of the offender and perpetrated
"hile he "as in the performance of his official fnctions. This intimate relation /et"een the offense charged
and the discharge of official dties "mst /e alleged in the information.P -erein, the amended informations
Constitutional Law II, 2005 ( 7 )
Narratives (Berne Guerrero)
are "anting of specific factal averments to sho" the intimate relationKconnection /et"een the offense
charged and the discharge of official fnction of the offenders. 9ere allegation in the amended information
that the offense "as committed /y the accsed p/lic officer "in relation to his office" is not sfficient. That
phrase is merely a conclsion of la", not a factal averment that "old sho" the close intimacy /et"een the
offense charged and the discharge of the accsed6s official dties. !or failre to sho" in the amended
informations that the charge of mrder "as intimately connected "ith the discharge of official fnctions of the
accsed P5P officers, the offense charged in the s/7ect criminal cases is plain mrder and, therefore, "ithin
the exclsive original 7risdiction of the DT$, not the Sandigan/ayan.
!%$ Soriano v. 2o'rt of Appeals [GR !.$9$6# - 6arch !999]
Second !ivision, +uisum&in" (J): concur
(acts) &n C %ecem/er )**2, Donald Soriano "as convicted of the crime of Dec#less Imprdence reslting to
homicide, serios physical in7ries and damage to property. &n + 9arch )**@, his application for pro/ation
"as granted /y the trial cort, "hich imposed pon him terms and conditions ()) to meet his family
responsi/ilities, (1) to devote himself to a specific employment and not to change employment "ithot prior
notice to the spervising officer0 andKor to prse a prescri/ed seclar stdy or vocational training, and (2) to
indemnify the heirs of the victim Isidrino %alyong in the amont of P*+,8HI.II as ordered /y the $ort. &n
1H April )**@, Assistant Prosector Ben7amin A. !adera filed a motion to cancel Soriano6s pro/ation de to
his failre to satisfy his civil lia/ility to the heirs of the victim, and a spplemental motion alleging Soriano6s
commission of another crime for "hich at that time he "as a"aiting arraignment. The Jam/ales Parole and
Pro/ation &ffice filed a comment recommending that Soriano /e allo"ed to contine "ith his pro/ation and
that he /e re:ired instead to s/mit a program of payment of his civil lia/ility. &n 1I ;ne )**@, the trial
cort denied the prosector6s motion and directed Soriano to s/mit a program of payment of the civil lia/ility
imposed pon him. Thereafter, pro/ation officer 5elda %a 9aycong received information that Soriano6s
father, "ho o"ned the vehicle involved in the accident "hich #illed %alyong, received P)H,8II.II as
insrance payment. Said amont "as not trned over to the heirs of %alyong. %a 9aycong considered this a
violation of the terms and conditions of the pro/ation, and ths, s/mitted a manifestation to the trial cort
praying that Soriano /e made to explain his non4compliance "ith the cort6s order of 1I ;ne )**@, or that he
/e cited for contempt for sch non4compliance. The trial cort granted %a 9aycong(s prayers in its )8 Agst
)**@ order, and ordered the Soriano once again to s/mit his program of payment. Soriano instead filed a
motion for reconsideration explaining that he did not receive any notice of the order dated 1I ;ne )**@., as
his consel failed to notify Soriano after he received a copy of said order on 12 ;ne )**@. &n @ &cto/er
)**@, the trial cort issed an order declaring Soriano in contempt of cort for his failre to comply "ith its
orders of 1I ;ne )**@ and )8 Agst )**@, and revo#ed the grant of pro/ation to Soriano and ordered that he
/e arrested to serve the sentence originally imposed pon him. Soriano filed a special civil action for
certiorari "ith the $ort of Appeals. The appellate cort dismissed the petition, holding that Soriano6s
"st//orn n"illingness" to comply "ith the orders of the trial cort "sho"s his refsal to reform himself and
to correct a "rong." Soriano(s motion for reconsideration "as li#e"ise denied /y the appellate cort. Soriano
filed the petition for revie" "ith the Spreme $ort.
Iss'e) .hether the re:irement to pay indemnity to the victim(s heirs, in light of the convict(s application for
pro/ation, is violative of the e:al protection clase of the $onstittion.
*el+) The re:irement to pay indemnity to the victim6s heirs is not violative of the e:al protection clase of
the $onstittion. Soriano6s application for pro/ation had already /een granted. Satisfaction of his civil lia/ility
"as not made a re:irement /efore he cold avail of pro/ation, /t "as a condition for his contined
en7oyment of the same. The trial cort cold not have done a"ay "ith imposing payment of civil lia/ility as a
condition for pro/ation. This is not an ar/itrary imposition /t one re:ired /y la". It is a conse:ence of
Soriano6s having /een convicted of a crime, and petitioner is /ond to satisfy this o/ligation regardless of
"hether or not he is placed nder pro/ation. There is no reason "hy Soriano cannot comply "ith a simple
Constitutional Law II, 2005 ( 8 )
Narratives (Berne Guerrero)
order to frnish the trial cort "ith a program of payment of his civil lia/ility. -e may, indeed, /e poor, /t
this is precisely the reason "hy the trial cort gave him the chance to ma#e his o"n program of payment.
Ono"ing his o"n financial condition, he is in the /est position to formlate a program of payment that fits his
needs and capacity. Soriano(s refsal to comply "ith orders cannot /e anything /t deli/erate. -e has refsed
to comply "ith the trial cort6s directive, /y :estioning instead the constittionality of the re:irement
imposed and harping on his alleged poverty as the reason for his failre to comply. Since pro/ation is not an
a/solte right, and that it is a mere privilege "hose grant rests pon the discretion of the trial cort. Its grant
is s/7ect to certain terms and conditions that may /e imposed /y the trial cort. -aving the po"er to grant
pro/ation, it follo"s that the trial cort also has the po"er to order its revocation in a proper case and nder
appropriate circmstances.
!%- 74ID8 v. 2o3elec [GR "6"!"# $ April !9!]
En Banc, Barredo (J): ' concur, 1 concur in result, 1 took no part, 1 on o,,icial leave
(acts) =5I%& IS a political organi>ation or aggrpation campaigning for "5&" votes to the amendments to
the $onstittion of the Philippines of )*C2 proposed /y the Batasang Pam/ansa. $omelec issed 2 resoltions
all dated 8 9arch )*+) (Desoltion )@HC providing for Dles and Deglations for "e:al opportnity" on
p/lic discssions and de/ates on the ple/iscite :estions to /e s/mitted to the people on C April )*+)0
Desoltion )@H+ providing "e:al time on the se of the /roadcast media Eradio and televisionF in the
ple/iscite campaign"0 and Desoltion )@H* providing for "e:al space on the se of the print media in the
)*+) ple/iscite of C April )*+)".) =5I%& addressed a letter to $omelec on )I 9arch )*+) to grant it the
same opportnity as given President 9arcos, "ho "as campaigning for QRESP. It also re:ested radio and
television coverage for its Pla>a 9iranda meeting on a letter dated )C 9arch )*+). $omelec issed a
resoltion on )+ 9arch)*+) denying the re:est of =5I%&0 stating that 9arcos condct his plong4plong
in light of the official government thrst to amend the constittion and in his capacity as PresidentKPrime
9inister and not as head of any political party to "hich the =5I%& or any of its leaders does not have the
same constittional prerogatives vested in the PresidentKPrime 9inister, as sch, it has no right to "demand"
e:al coverage /y media accorded President 9arcos. =5I%& sent a letter serving as its motion for
reconsideration. The $omelec denied the letter4motion for lac# of merit in its resoltion of 11 9arch )*+).
=5I%& appealed to the Spreme $ort.
Iss'e) .hether the opposition shold /e given the same opportnity and facilities given to the President to
commnicate and dialoge "ith the people on matters affecting the plan of government or of p/lic interest.
*el+) It is ndenia/le and /t natral that the head of state of every contry in the "orld mst, from the very
natre of his position, /e accorded certain privileges not e:ally availa/le to those "ho are opposed to him in
the sense that, since the head of state has the grave and tremendos responsi/ility of planning and
implementing the plan of government itself, either /y virte of the poplar mandate given to him nder the
corresponding provisions of the $onstittion and the la"s or any other dly recogni>ed grant of po"er and
athority, the opposition cannot /e placed at par "ith him, since logically the opposition can only fiscali>e the
administration and pnctali>e its errors and shortcomings to the end that "hen the dly schedled time for
the people to exercise their inaliena/le po"er to ma#e a /etter choice, the opposition may have the chance to
ma#e them accept the alternative they can offer. Therefore, "hen the head of state is afforded the
opportnity or "hen he feels it incm/ent pon him to commnicate and dialoge "ith the people on any
matter affecting the plan of government or any other matter of p/lic interest, no office or entity of the
government is o/liged to give the opposition the same facilities /y "hich its contrary vie"s may /e
ventilated.
!%" 2eni0a v. 2o3elec [GR L-".$%-# . &an'ar/ !9%]
En Banc, Concepcion Jr) (J): 1- concur, 1 took no part
Constitutional Law II, 2005 ( )
Narratives (Berne Guerrero)
(acts) &n 11 %ecem/er )*C*, the Interim Batasang Pam/ansa enacted Batas Pam/ansa 8) providing for local
elections on 2I ;anary )*+I. To implement this Act, $omelec adopted Desoltion )@1), exclding )+ cities
(inclding $e/ and 9andae) from participating in the election of provincial officials. Becase of its
income, the $ity of $e/ is classified as a highly r/ani>ed city and the voters thereof cannot ta#e part in the
election of the elective provincial officials of the province of $e/, althogh the $harter of $e/ $ity allo"s
the :alified voters of the city to vote in the election of the provincial officials of the Province of $e/. The
$ity of 9andae is classified as a component city. Bt the registered voters of the city cannot vote for the
provincial elective officials /ecase its $harter expressly provides that the registered voters of the city cannot
participate in the election of the provincial officials of the Province of $e/, except to /e a candidate therefor.
Damon B. $eni>a, !ederico $. $a/ilao ;r., 5elso ;. Dosal and Ale7andro D. Alinsg filed the petition for
prohi/ition and mandams "ith a prayer for a "rit of preliminary in7nction, as taxpayers and registered
voters in the $ities of $e/ and 9andae. They vigorosly assail Section 2 of BP 8), "hich ses the annal
income of a given city as the /asis for classification of "hether or not a particlar city is a highly r/ani>ed
city "hose voters may not participate in the election of provincial officials of the province "here the city is
geographically located0 and DA 88)* ($harter of 9andae $ity), "hich "ent into effect "ithot the /enefit of
ratification /y the residents of 9andae in a ple/iscite or referendm. They prayed that a restraining order to
temporarily prohi/it the election for Provincial ,overnor and elective provincial officials in $e/, prohi/iting
the 5ational Treasrer to release p/lic fnds and the $ommission on Adit ($&A) to pass in adit said fnds
in connection "ith and for the prpose of holding the local elections0 and after hearing render Section 2 of BP
++8 void, as "ell as Section *H, Article 3GIII of DA 88)* ($harter of 9andae).
Iss'e) .hether the exclsion of inha/itants of highly r/ani>ed cities and component cities from electing
provincial government officials violate the e:al protection of la".
*el+) The e:al protection of the la" contemplates e:ality in the en7oyment of similar rights and privileges
granted /y la". It "old have /een discriminatory and a denial of the e:al protection of the la" if the statte
prohi/ited an individal or grop of voters in the city from voting for provincial officials "hile granting it to
another individal or grop of voters in the same city. The classification of cities into highly r/ani>ed cities
and component cities on the /asis of their reglar annal income is /ased pon s/stantial distinction. The
revene of a city "old sho" "hether or not it is capa/le of existence and development as a relatively
independent social, economic, and political nit. It "old also sho" "hether the city has sfficient economic
or indstrial activity as to "arrant its independence from the province "here it is geographically sitated.
$ities "ith smaller income need the contined spport of the provincial government ths 7stifying the
contined participation of the voters in the election of provincial officials in some instances. These cities
/eing independent of the province in the administration of their affairs leaves the provincial government
"ithot governmental spervision over highly r/ani>ed cities. Sch /eing the case, it is /t 7st and proper
to limit the selection and election of the provincial officials to the voters of the province "hose interests are
vitally affected and exclde therefrom the voters of highly r/ani>ed cities. !rther, express provisions in
$harter of a $ity may exclde registered voters of the city from voting for the provincial officials of the
province. The practice of allo"ing voters in one component city to vote for provincial officials and denying
the same privilege to voters in another component city is a matter of legislative discretion "hich violates
neither the $onstittion nor the voter6s right of sffrage.
!%6 Philippine &'+5es Association [GR !%"$,!# !! 4ove31er !99$]
En Banc, Cru# (J): 12 concur, 1 on leave
(acts) The Philippine ;dges Association (dly represented /y its President, Bernardo P. A/esamis, Gice4
President for 'egal Affairs 9ariano 9. =mali, %irector for Pasig, 9a#ati and Pasay, 9etro 9anila Alfredo $.
!lores, and $hairman of the $ommittee on 'egal Aid, ;ess ,. Bersamira, Presiding ;dges of the Degional
Trial $ort, Branch +8, <e>on $ity and Branches )HI, )HC and )HH, Pasig, 9etro 9anila, respectively)0 the
5ational $onfederation of the ;dges Association of the Philippines (composed of the 9etropolitan Trial
Constitutional Law II, 2005 ( 10 )
Narratives (Berne Guerrero)
$ort ;dges Association represented /y its President, Deinato <ilala of the 9nicipal Trial $ircit $ort,
9anila)0 and the 9nicipal ;dges 'eage of the Philippines (represented /y its President, Tomas ,.
Talavera)0 /y themselves and in /ehalf of all the ;dges of the Degional Trial and Shari6a $orts, 9etropolitan
Trial $orts and 9nicipal $orts throghot the $ontry, filed the petition assailing the constittionality of
Dep/lic Act C28@ (An Act $reating the Philippine Postal $orporation, %efining its Po"er, !nctions and
Desponsi/ilities, Providing for Deglation of the Indstry and for &ther Prposes $onnected There"ith), as
implemented /y the Philippine Postal $orporation throgh its $irclar *141+, on the gronds thatL ()) its title
em/races more than one s/7ect and does not express its prposes0 (1) it did not pass the re:ired readings in
/oth -oses of $ongress and printed copies of the /ill in its final form "ere not distri/ted among the
mem/ers /efore its passage0 and (2) it is discriminatory and encroaches on the independence of the ;diciary0
contending that their official fnctions as 7dges "ill /e pre7diced /y the "ithdra"al of fran#ing privilege.
The 5ational 'and Degistration Athority (5'DA) has ta#en common case "ith them insofar as its o"n
activities, sch as the sending of re:isite notices in registration cases, affect 7dicial proceedings. &n its
motion, it has /een allo"ed to intervene.
Iss'e) .hether the "ithdra"al of the fran#ing privilege of the ;diciary violates the e:al protection clase
of the $onstittion.
*el+) The e:al protection of the la"s is em/raced in the concept of de process, as every nfair
discrimination offends the re:irements of 7stice and fair play. It has nonetheless /een em/odied in a
separate clase in Article III Sec. ), of the $onstittion to provide for a more specific garanty against any
form of nde favoritism or hostility from the government. Ar/itrariness in general may /e challenged on the
/asis of the de process clase. Bt if the particlar act assailed parta#es of an n"arranted partiality or
pre7dice, the sharper "eapon to ct it do"n is the e:al protection clase. E:al protection simply re:ires
that all persons or things similarly sitated shold /e treated ali#e, /oth as to rights conferred and
responsi/ilities imposed. Similar s/7ects, in other "ords, shold not /e treated differently, so as to give
nde favor to some and n7stly discriminate against others. The e:al protection clase does not re:ire the
niversal application of the la"s on all persons or things "ithot distinction. .hat the clase re:ires is
e:ality among e:als as determined according to a valid classification. By classification is meant the
groping of persons or things similar to each other in certain particlars and different from all others in these
same particlars. The "ithdra"al of fran#ing privilege from the ;diciary "old frther deepen the pro/lem
in the delay in the administration of 7stice. The $ort are dependent on the postal service for commnicating
"ith la"yers and litigants as part of the 7dicial process. It shold not /e hard to imagine the increased
difficlties of or corts if they have to affix a prchased stamp to every process they send in the discharge of
their 7dicial fnctions, considering that the ;diciary has the lo"est appropriation in the national /dget
compared to the 'egislative and Exective %epartments (.+@M of P2I* /illion /dgeted for )**2). The
repealing clase is a discriminatory provision that denied the ;diciary the e:al protection of the la"s
garanteed for all persons or things similarly sitated. The distinction made /y the la" is sperficial. It is not
/ased on s/stantial distinctions that ma#e real differences /et"een the ;diciary and the grantees of the
fran#ing privilege (The President of the Philippines0 the Gice President of the Philippines0 Senators and
9em/ers of the -ose of Depresentatives0 the $ommission on Elections0 former Presidents of the
Philippines0 "ido"s of former Presidents of the Philippines0 the 5ational $enss and Statistics &ffice0 and
the general p/lic in the filing of complaints against p/lic offices or officers). In lmping the ;diciary "ith
the other offices (the &ffice of Adlt Edcation0 the Institte of 5ational 'angage0 the Telecommnications
&ffice0 the Philippine %eposit Insrance $orporation0 the 5ational -istorical $ommission0 the Armed !orces
of the Philippines0 the Armed !orces of the Philippines 'adies Steering $ommittee0 the $ity and Provincial
Prosectors0 the Tanod/ayan or the &ffice of Special Prosector0 the Oa/ataang Barangay0 the $ommission
on the !ilipino 'angage0 the Provincial and $ity Assessors0 and the 5ational $oncil for the .elfare of
%isa/led Persons.) from "hich the fran#ing privilege has /een "ithdra"n, Section 28 has placed the corts of
7stice in a category to "hich it does not /elong. If it recogni>es the need of the President of the Philippines
and the mem/ers of $ongress for the fran#ing privilege, there is no reason "hy it shold not recogni>e a
Constitutional Law II, 2005 ( 11 )
Narratives (Berne Guerrero)
similar and in fact greater need on the part of the ;diciary for sch privilege.
!%, 8livare0 v. San+i5an1a/an [GR !!"$$# - 8cto1er !99"]
Second !ivision, Re"alado (J): ' concur, 1 on leave)
(acts) &n )8 %ecem/er )**1, Baclaran $redit $ooperative, Inc. (B$$I), throgh its /oard mem/er Doger de
'eon, charged ParaSa:e 9ayor %r. Pa/lo D. &livare> "ith Giolation of the Anti4,raft and $orrpt Practices
Act for nreasona/ly refsing to isse a mayor6s permit despite re:est and follo"4ps to implement
ParaSa:e Sanggniang Bayan Desoltion C@@, (series of )**1) "hich &livare> himself approved on H
&cto/er )**1. Desoltion C@@ athori>ed B$$I to set p a night manfactrer6s fair dring the $hristmas
fiesta cele/ration of and at Baclaran for HI days from )) 5ovem/er )**1 to )8 !e/rary )**2 for "hich they
"ill se a portion of the service road of Doxas Bolevard. Allegedly, B$$I exerted all possi/le efforts to
secre the necessary permit /t &livare> simply refsed to isse the same nless B$$I gives money to the
latter. Attached to B$$I(s Deply4Affidavit "as a copy of Exective &rder dated 12 5ovem/er )**1 issed /y
&livare> granting a grop of Baclaran4/ased organi>ationsKassociations of vendors the holding of "$hristmas
Agro4Indstrial !air Sa Baclaran" from 1+ 5ovem/er )**1 to 1+ !e/rary )**2 sing certain portions of the
5ational and 'ocal ,overnment DoadsKStreets in Baclaran for fnd raising. ,raft Investigation &fficer (,I&)
III Dingpis condcted a preliminary investigation and issed on 11 Septem/er )**2 a resoltion
recommending the prosection of &livare> for violation of Section 2(f) of Dep/lic Act (DA) 2I)*, as
amended. &n )H !e/rary )**@, the information "as filed against &livares ($riminal $ase 1I11H). &n )C
;anary )**@, &livare> filed a 9otion for Deconsideration andKor Deinvestigation allegedly to rectify error of
la" and on grond of ne"ly discovered evidence. The motion "as granted on 1@ ;anary )**@. &n *
!e/rary )**2, &m/dsman disapproved the recommendation to "ithdra" the information as &livare> does
not refte the allegation and that /ad faith is evident "ith his persistent refsal to isse permit. &n )+
!e/rary )**@, &livare> volntarily srrendered and posted a cash /ail /ond "ith the Sandigan/ayan for his
temporary release. &n 1) !e/rary )**@, &livare> filed an &mni/s 9otion for a re4examination and re4
assessment of the prosection6s report and docmentary evidence "ith a vie" to set aside the determination of
the existence of pro/a/le case and ltimately the dismissal of the case0 "hich "as denied /y the
Sandigan/ayan on 2 9arch )**@ in &pen $ort. In vie" of &livare>6s refsal to enter any plea, the cort
ordered a plea of "not gilty" entered into his record. &n + 9arch )**@, the prosection filed a 9otion to
sspend Accsed Pendente 'ite. &n 9arch *, )@ and )8, )**@, &livare> filed a 9otion to Set Aside Plea and
To Dedce %enial &rder Into .riting (.ith Entry of Appearance), Spplemental 9otion to Set Aside Plea
and &pposition to 9otion to Sspend Accsed and Spplemental Pleading "ith Additional &pposition to
9otion to Sspend Accsed0 "hich "ere denied /y the Sandigan/ayan on @ April )**@. The Sandigan/ayan,
ho"ever, set aside the proceedings condcted on 2 9arch )**@ inclding &livare>6s arraignment ths
revo#ing the plea of "not gilty" entered in his record in the interest of 7stice and to avoid frther delay in the
prompt ad7dication of the case de to technicalities. &n 1I April )**@, &livare> filed a motion for
reconsideration "hich "as granted on )8 9ay )**@. $onse:ently, the case "as remanded to the &ffice of
the &m/dsman for another reinvestigation to /e terminated "ithin 2I days from notice. The reinvestigation
"as reassigned to SP& III Angel $. 9ayoralgo "ho on 2 5ovem/er )**@, recommended the dismissal of the
case. &n * %ecem/er )**@, %SP ;ose de ,. !errer reversed the recommendation, finding &livare> lia/le /y
giving n"arranted /enefit thr manifest partiality to another grop on the flimsy reason that complainant
failed to apply for a /siness permit. The &m/dsman approved the reversal and on 1C %ecem/er )**@
directed the prosection to proceed nder the existing information. &n )2 ;anary )**8, &livare> filed a
9otion for Issance of S/poena %ces Tecm and Ad Testificandm to %SP ;ose de ,. !errer, SP& III
Doger Ber/ano, Sr., and SP& III Angel 9ayoralgo, ;r. and on )H ;anary )**8, &livare> filed a 9otion to
Stri#e &t andKor Devie" Deslt of Deinvestigation. The latter motion "as denied /y Sandigan/ayan.
&livare> filed the petition for certiorari and prohi/ition.
Iss'e) .hether &livare> exhi/ited partiality in the denial of K inaction over B$$I(s application for license.
Constitutional Law II, 2005 ( 12 )
Narratives (Berne Guerrero)
*el+) &livare>6s sspected partiality may /e gleaned from the fact that he issed a permit in favor of the
nidentified Baclaran4/ased vendors6 associations /y the mere expedient of an exective order, "hereas so
many re:irements "ere imposed on B$$I /efore it cold /e granted the same permit. .orse, &livare> failed
to sho", in apparent disregard of B$$I6s right to e:al protection, that B$$I and the nidentified Baclaran4
/ased vendors6 associations "ere not similarly sitated as to give at least a sem/lance of legality to the
apparent haste "ith "hich said exective order "as issed. It "old seem that if there "as any interest served
/y sch exective order, it "as that of &livare>. As the mayor of the mnicipality, the officials referred to
"ere definitely nder his athority and he "as not "ithot recorse to ta#e appropriate action on the letter4
application of B$$I althogh the same "as not strictly in accordance "ith normal procedre. There "as
nothing to prevent him from referring said letter4application to the licensing department, /t "hich
paradoxically he refsed to do. .hether &livare> "as impelled /y any material interest or lterior motive
may /e /eyond the $ort for the moment since this is a matter of evidence, /t the environmental facts and
circmstances are sfficient to create a /elief in the mind of a reasona/le man that this "old not /e
completely impro/a/le, a/sent contervailing clarification. 'astly, it may not /e amiss to add that &livare>, as
a mnicipal mayor, is expressly athori>ed and has the po"er to isse permits and licenses for the holding of
activities for any charita/le or "elfare prpose, prsant to Section @@@ (/) (2) (iv and v) of the 'ocal
,overnment $ode of )**) (Dep/lic Act C)HI). -ence, he cannot really feign total lac# of athority to act on
the letter4application of B$$I.
!% 9i' v. 2o'rt of Appeals [GR !.,-!%# .% &an'ar/ !999]
En Banc, %an"ani&an (J): 1 concur
(acts) &n )2 9arch )**1, $ongress, "ith the approval of the President, passed into la" Dep/lic Act C11C
("An Act Accelerating the $onversion of 9ilitary Deservations Into &ther Prodctive =ses, $reating the
Bases $onversion and %evelopment Athority for this Prpose, Providing !nds Therefor and for &ther
Prposes.P). Section )1 thereof created the S/ic Special Economic Jone and granted thereto special
privileges, sch as tax exemptions and dty4free importation of ra" materials, capital and e:ipment to
/siness enterprises and residents located and residing in the said >ones. &n )I ;ne )**2, President Damos
issed Exective &rder (E&) *C clarifying the application of the tax and dty incentives. &n )* ;ne )**2,
the President issed E& *C4A, specifying the area "ithin "hich the tax4and4dty4free privilege "as operative
(i.e. the secred area consisting of the presently fenced4in former S/ic 5aval Base). &n 1H &cto/er )**@,
$onrado '. Ti, ;an T. 9onteli/ano ;r. and Isagani 9. ;ngco challenged /efore the Spreme $ort the
constittionality of E& *C4A for allegedly /eing violative of their right to e:al protection of the la"s,
inasmch as the order granted tax and dty incentives only to /sinesses and residents "ithin the "secred
area" of the S/ic Special Economic Jone and denying them to those "ho live "ithin the Jone /t otside
sch "fenced4in" territory. In a Desoltion dated 1C ;ne )**8, the Spreme $ort referred the matter to the
$ort of Appeals, prsant to Devised Administrative $irclar )4*8. Incidentally, on ) !e/rary )**8,
Proclamation 821 "as issed /y President Damos, delineating the exact metes and /onds of the S/ic
Special Economic and !ree Port Jone, prsant to Section )1 of DA C11C. The $ort of Appeals denied the
petition as there is no s/stantial difference /et"een the provisions of E& *C4A and Section )1 of DA C11C,
holding that E& *C4A cannot /e claimed to /e nconstittional "hile maintaining the validity of DA C11C0
that the intention of $ongress to confine the coverage of the SSEJ to the secred area and not to inclde the
entire &longapo $ity and other areas rely on the deli/erations in the Senate0 and that the limited application of
the tax incentives is "ithin the prerogative of the legislatre, prsant to its "avo"ed prpose Eof servingF
some p/lic /enefit or interest. Ti, et. al.(s motion for reconsideration "as denied, and hence, they filed a
petition for revie" "ith the Spreme $ort.
Iss'e) .hether there "as a violation of the e:al protection of the la"s "hen E& *C4A granted tax and dty
incentives only to /sinesses and residents "ithin the "secred area" of the S/ic Special Economic Jone and
denied sch to those "ho live "ithin the Jone /t otside sch "fenced4in" territory.
Constitutional Law II, 2005 ( 13 )
Narratives (Berne Guerrero)
*el+) The E& *C4A is not violative of the e:al protection clase0 neither is it discriminatory. The
fndamental right of e:al protection of the la"s is not a/solte, /t is s/7ect to reasona/le classification.
The classification occasioned /y E& *C4A "as not nreasona/le, capricios or nfonded. It "as /ased,
rather, on fair and s/stantive considerations that "ere germane to the legislative prpose. There are
s/stantial differences /et"een the /ig investors "ho are /eing lred to esta/lish and operate their indstries
in the so4called "secred area" and the present /siness operators otside the area. &n the one hand, "e are
tal#ing of /illion4peso investments and thosands of ne" 7o/s, and on the other hand, definitely none of sch
magnitde. In the first, the economic impact "ill /e national0 in the second, only local. Even more important,
at this time the /siness activities otside the "secred area" are not li#ely to have any impact in achieving the
prpose of the la", "hich is to trn the former military /ase to prodctive se for the /enefit of the Philippine
economy. There is, then, hardly any reasona/le /asis to extend to them the /enefits and incentives accorded in
DA C11C. Additionally, it "ill /e easier to manage and monitor the activities "ithin the "secred area," "hich
is already fenced off, to prevent "fradlent importation of merchandise" or smggling. The classification
applies e:ally to all the resident individals and /sinesses "ithin the "secred area." The residents, /eing in
li#e circmstances or contri/ting directly to the achievement of the end prpose of the la", are not
categori>ed frther. Instead, they are all similarly treated, /oth in privileges granted and in o/ligations
re:ired. The e:al4protection garantee does not re:ire territorial niformity of la"s. As long as there are
actal and material differences /et"een territories, there is no violation of the constittional clase. -erein,
anyone possessing the re:isite investment capital can al"ays avail of the same /enefits /y channeling his or
her resorces or /siness operations into the fenced4off free port >one.
!%9 International School Alliance of E+'cators :ISAE; vs. <'is'31in5 [GR !.-"# ! &'ne .%%%]
First !ivision, .apunan (J): 2 concur, 1 on o,,icial leave, 1 on leave
(acts) The International School, Inc., prsant to Presidential %ecree C21, is a domestic edcational
instittion esta/lished primarily for dependents of foreign diplomatic personnel and other temporary
residents. To ena/le the School to contine carrying ot its edcational program and improve its standard of
instrction, Section 1(c) of the same decree athori>es the School to employ its o"n teaching and
management personnel selected /y it either locally or a/road, from Philippine or other nationalities, sch
personnel /eing exempt from other"ise applica/le la"s and reglations attending their employment, except
la"s that have /een or "ill /e enacted for the protection of employees. Accordingly, the School hires /oth
foreign and local teachers as mem/ers of its faclty, classifying the same into t"oL ()) foreign4hires and (1)
local4hires. The School employs for tests to determine "hether a faclty mem/er shold /e classified as a
foreign4hire or a local hire, i.e. (a) .hat is one6s domicileT (/) .here is one6s home economyT (c) To "hich
contry does one o"e economic allegianceT (d) .as the individal hired a/road specifically to "or# in the
School and "as the School responsi/le for /ringing that individal to the PhilippinesT The School grants
foreign4hires certain /enefits not accorded local4hires. These inclde hosing, transportation, shipping costs,
taxes, and home leave travel allo"ance. !oreign4hires are also paid a salary rate 18M more than local4hires.
The School 7stifies the difference on t"o "significant economic disadvantages" foreign4hires have to endre,
namelyL (a) the "dislocation factor" and (/) limited tenre. The compensation scheme is simply the School6s
adaptive measre to remain competitive on an international level in terms of attracting competent
professionals in the field of international edcation. The compensation pac#age given to local4hires has /een
sho"n to apply to all, regardless of race. There are foreigners "ho have /een hired locally and "ho are paid
e:ally as !ilipino local hires. .hen negotiations for a ne" collective /argaining agreement "ere held on
;ne )**8, the International School Alliance of Edcators (ISAE), "a legitimate la/or nion and the collective
/argaining representative of all faclty mem/ers" of the School, contested the difference in salary rates
/et"een foreign and local4hires. This isse, as "ell as the :estion of "hether foreign4hires shold /e
inclded in the appropriate /argaining nit, eventally cased a deadloc# /et"een the parties. &n C
Septem/er )**8, ISAE filed a notice of stri#e. The failre of the 5ational $onciliation and 9ediation Board
to /ring the parties to a compromise prompted the %epartment of 'a/or and Employment (%&'E) to assme
7risdiction over the dispte. &n )I ;ne )**H, the %&'E Acting Secretary, $rescenciano B. Tra7ano, issed
Constitutional Law II, 2005 ( 14 )
Narratives (Berne Guerrero)
an &rder resolving the parity and representation isses in favor of the School. Then %&'E Secretary
'eonardo A. <ism/ing s/se:ently denied ISAE6s motion for reconsideration in an &rder dated )* 9arch
)**C. ISAE soght relief from the Spreme $ort.
Iss'e) .hether the School ndly discriminated against the local4hires.
*el+) That p/lic policy a/hors ine:ality and discrimination is /eyond contention. &r $onstittion and
la"s reflect the policy against these evils. The $onstittion in the Article on Social ;stice and -man Dights
exhorts $ongress to "give highest priority to the enactment of measres that protect and enhance the right of
all people to hman dignity, redce social, economic, and political ine:alities." The very /road Article )* of
the $ivil $ode re:ires every person, "in the exercise of his rights and in the performance of his dties, EtoF
act "ith 7stice, give everyone his de, and o/serve honesty and good faith. International la", "hich springs
from general principles of la", li#e"ise proscri/es discrimination. The =niversal %eclaration of -man
Dights, the International $ovenant on Economic, Social, and $ltral Dights, the International $onvention on
the Elimination of All !orms of Dacial %iscrimination, the $onvention against %iscrimination in Edcation,
the $onvention (5o. )))) $oncerning %iscrimination in Despect of Employment and &ccpation )H A all
em/ody the general principle against discrimination, the very antithesis of fairness and 7stice. The
Philippines, throgh its $onstittion, has incorporated this principle as part of its national la"s. In the
"or#place, "here the relations /et"een capital and la/or are often s#e"ed in favor of capital, ine:ality and
discrimination /y the employer are all the more reprehensi/le. If an employer accords employees the same
position and ran#, the presmption is that these employees perform e:al "or#. This presmption is /orne /y
logic and hman experience. If the employer pays one employee less than the rest, it is not for that employee
to explain "hy he receives less or "hy the others receive more. That "old /e adding inslt to in7ry. The
employer has discriminated against that employee0 it is for the employer to explain "hy the employee is
treated nfairly. -erein, the International School has failed to discharge this /rden. There is no evidence here
that foreign4hires perform 18M more efficiently or effectively than the local4hires. Both grops have similar
fnctions and responsi/ilities, "hich they perform nder similar "or#ing conditions. The School cannot
invo#e the need to entice foreign4hires to leave their domicile to rationali>e the distinction in salary rates
"ithot violating the principle of e:al "or# for e:al pay. The point4of4hire classification employed /y
respondent School to 7stify the distinction in the salary rates of foreign4hires and local hires to /e an invalid
classification. There is no reasona/le distinction /et"een the services rendered /y foreign4hires and local4
hires. The practice of the School of according higher salaries to foreign4hires contravenes p/lic policy.
!!% Philippine R'ral Electric 2ooperative Association Inc. :P*ILRE2A;# et. al. vs. Secretar/ of
Depart3ent of Interior an+ Local Govern3ent :DILG; [GR !-$%,6# !% &'ne .%%$]
En Banc, %uno (J): 1' concur
(acts) =nder Presidential %ecree (P%) 1H*, as amended, or the 5ational Electrification Administration
%ecree, it is the declared policy of the State to provide Qthe total electrification of the Philippines on an area
coverage /asisP the same Q/eing vital to the people and the sond development of the nation.P Prsant to this
policy, P% 1H* aims to Qpromote, encorage and assist all p/lic service entities engaged in spplying electric
service, particlarly electric cooperativesP /y Qgiving every tena/le spport and assistanceP to the electric
cooperatives coming "ithin the prvie" of the la". !rom )*C) to )*C+, in order to finance the electrification
pro7ects envisioned /y P% 1H*, as amended, the Philippine ,overnment, acting throgh the 5ational
Economic $oncil (no" 5ational Economic %evelopment Athority) and the 5EA (5ational Electrification
Administration), entered into H loan agreements "ith the government of the =nited States of America throgh
the =nited States Agency for International %evelopment (=SAI%) "ith electric cooperatives, inclding
Agsan %el 5orte Electric $ooperative, Inc. (A5E$&)0 Iloilo I Electric $ooperative, Inc. (I'E$& I)0 and
Isa/ela I Electric $ooperative, Inc. (ISE'$& I), as /eneficiaries. The H loan agreements involved a total
amont of approximately =SN+H,III,III.II. These loan agreements are existing ntil today. The loan
agreements contain similarly "orded provisions on the tax application of the loan and any property or
Constitutional Law II, 2005 ( 15 )
Narratives (Berne Guerrero)
commodity ac:ired throgh the proceeds of the loan. &n 12 9ay 1III, a class sit "as filed /y the
Philippine Dral Electric $ooperatives Association, Inc. (P-I'DE$A)0 A5E$&, I'E$& I and ISE'$& I0 in
their o"n /ehalf and in /ehalf of other electric cooperatives organi>ed and existing nder P% 1H*, against the
Secretary of the %epartment of Interior and 'ocal ,overnment (%I',) and the Secretary of the %epartment
of !inance, throgh a petition for prohi/ition, contending that prsant to the provisions of P% 1H*, as
amended, and the provision in the loan agreements, they are exempt from payment of local taxes, inclding
payment of real property tax. .ith the passage of the 'ocal ,overnment $ode, ho"ever, they allege that their
tax exemptions have /een invalidly "ithdra"n, in violation of the e:al protection clase and impairing the
o/ligation of contracts /et"een the Philippine ,overnment and the =nited States ,overnment.
Iss'e) .hether the 'ocal ,overnment $ode ndly discriminated against electric cooperatives organi>ed and
existing nder P% 1H*, in violation of the e:al protection clase, /y providing a different tax treatment
/et"een the former and cooperatives created nder DA H*2+.
*el+) The e:al protection clase nder the $onstittion means that Qno person or class of persons shall /e
deprived of the same protection of la"s "hich is en7oyed /y other persons or other classes in the same place
and in li#e circmstances.P Ths, the garanty of the e:al protection of the la"s is not violated /y a la"
/ased on reasona/le classification. $lassification, to /e reasona/le, mst ()) rest on s/stantial distinctions0
(1) /e germane to the prposes of the la"0 (2) not /e limited to existing conditions only0 and (@) apply e:ally
to all mem/ers of the same class. There is reasona/le classification nder the 'ocal ,overnment $ode to
7stify the different tax treatment /et"een electric cooperatives covered /y P% 1H*, as amended, and electric
cooperatives nder DA H*2+ ($ooperative $ode of the Philippines). !irst, no"here in P% 1H*, as amended,
does it re:ire cooperatives to ma#e e:ita/le contri/tions to capital. =nder the $ooperative $ode, the
articles of cooperation of a cooperative applying for registration mst /e accompanied "ith the /onds of the
acconta/le officers and a s"orn statement of the treasrer elected /y the s/scri/ers sho"ing that at least
18M of the athori>ed share capital has /een s/scri/ed and at least 18M of the total s/scription has /een
paid and in no case shall the paid4p share capital /e less than P1,III.II. Second, another principle adhered
to /y the $ooperative $ode is the principle of s/sidiarity. Prsant to this principle, the government may
only engage in development activities "here cooperatives do not possess the capa/ility nor the resorces to
do so and only pon the re:est of sch cooperatives. In contrast, P% 1H*, as amended /y P% )H@8, is replete
"ith provisions "hich grant the 5EA, pon the happening of certain events, the po"er to control and ta#e
over the management and operations of cooperatives registered nder it. The extent of government control
over electric cooperatives covered /y P% 1H*, as amended, is largely a fnction of the role of the 5EA as a
primary sorce of fnds of these electric cooperatives. It is crystal clear that 5EA incrred loans from varios
sorces to finance the development and operations of the electric cooperatives. $onse:ently, amendments to
P% 1H* "ere primarily geared to expand the po"ers of the 5EA over the electric cooperatives to ensre that
loans granted to them "old /e repaid to the government. In contrast, cooperatives nder DA H*2+ are
envisioned to /e self4sfficient and independent organi>ations "ith minimal government intervention or
reglation. 'astly, the transitory provisions of DA H*2+ are indicative of the recognition /y $ongress of the
fndamental distinctions /et"een electric cooperatives organi>ed nder P% 1H*, as amended, and
cooperatives nder the ne" $ooperative $ode. Article )1+ of the $ooperative $ode provides that all
cooperatives registered nder previos la"s shall /e deemed registered "ith the $%A pon s/mission of
certain re:irements "ithin one year. -o"ever, cooperatives created nder P% 1H*, as amended, are given
three years "ithin "hich to :alify and register "ith the $%A, after "hich, provisions of P% )H@8 "hich
expand the po"ers of the 5EA over electric cooperatives, "old no longer apply.
Constitutional Law II, 2005 ( 16 )