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Pomar Facts: Pomar was charged for refusing to pay his pregnant employee in violation of the statue ordering employers to give pregnant women employees 30 days vacation with pay before and after confinement. Issue: Whether the statute was adopted in the reasonable and lawful exercise of the police power of the state. Ruling: NO. The statute is not a reasonable and lawful exercise of police power. The right to contract about one’s own affairs is a part of the liberty of the individual under the Constitution, and while there was no such thing as absolute freedom of contract, and it was necessarily subject to a great variety of restraints, yet none of the exceptional circumstances, which at times justify a limitation upon one’s right to contract, apply in this case. (citing Adkins v Children’s Hospital of the District of Columbia). The right of liberty includes the right to enter into contracts and to terminate contracts. The statute violates liberty of contract without due process. It takes into account only the welfare of the employee but fails to consider periods of distress in the business. The statute creates a mandatory term in any contract entered into by an employer. It violates right to enter into contract upon terms which parties may agree to. Doctrine: The rule must have a more direct relation, as means to an end, and the end itself must be appropriate and legitimate, before an act can be held to be valid which interferes with the general right of an individual to be free in his person and in his power to contract in relation to his own labor.
Occeña v. COMELEC Facts: The challenge in these two prohibition proceedings against the validity of three Batasang Pambansa Resolutions proposing constitutional amendments goes further than merely assailing their alleged constitutional infirmity. Samuel Occena and Ramon A. Gonzales, both members of the Philippine Bar and former delegates to the 1971 Constitutional Convention that framed the present Constitution, are suing as taxpayers. The rather unorthodox aspect of these petitions is the assertion that the 1973 Constitution is not the fundamental law, the Javellana ruling to the contrary notwithstanding. Issue: Whether the 1973 Constitution was valid, and in force and effect when the Batasang Pambansa resolutions and the present petitions were promulgated and filed, respectively. Held: It is much too late in the day to deny the force and applicability of the 1973 Constitution. In the dispositive portion of Javellana v. The Executive Secretary, dismissing petitions for prohibition and mandamus to declare invalid its ratification, this Court stated that it did so by a vote of six to four. It then concluded: "This being the vote of the majority, there is no further judicial obstacle to the new Constitution being considered in force and effect." Such a statement served a useful purpose. It could even be said that there was a need for it. It served to clear the atmosphere. It made manifest that as of 17 January 1973, the present Constitution came into force and effect. With such a pronouncement by the Supreme Court and with the recognition of the cardinal postulate that what the Supreme Court says is not only entitled to respect but must also be obeyed, a factor for instability was removed. Thereafter, as a matter of law, all doubts were resolved. The 1973 Constitution is the fundamental law. It is as simple as that. What cannot be too strongly stressed is that the function of judicial review has both a positive and a negative aspect. As was so convincingly demonstrated by Professors Black and Murphy, the Supreme Court can check as well as legitimate. In declaring what the law is, it may not only nullify the acts of coordinate branches but may also sustain their validity. In the latter case, there is an affirmation that what was done cannot be stigmatized as constitutionally deficient. The mere dismissal of a suit of this character suffices. That is the meaning of the concluding statement in Javellana. Since then, this Court has invariably applied the present Constitution. The latest case in point is People v. Sola, promulgated barely two weeks ago. During the first year alone of the effectivity of the present Constitution, at least ten cases may be cited.
Santiago v. COMELEC Facts: On December 6, 1996, Atty. Jesus S. Delfin, founding member of the Movement for People's Initiative, filed with the COMELEC a "Petition to Amend the Constitution, to Lift Term Limits of Elective Officials, by People's Initiative" citing Section 2, Article XVII of the Constitution. Acting on the petition, the COMELEC set the case for hearing and directed Delfin to have the petition published. After the hearing the arguments between petitioners and opposing parties, the COMELEC directed Delfin and the oppositors to file their "memoranda and/or oppositions/memoranda" within five days. On December 18, 1996, Senator Miriam Defensor Santiago, Alexander Padilla, and Maria Isabel Ongpin filed a special civil action for prohibition under Rule 65 raising the following arguments, among others: 1.) That the Constitution can only be amended by people’s initiative if there is an enabling law passed by Congress, to which no such law has yet been passed; and 2.) That R.A. 6735 does not suffice as an enabling law on people’s initiative on the Constitution, unlike in the other modes of initiative. Issue: Is R.A. No. 6735 sufficient to enable amendment of the Constitution by people’s initiative? Held: NO. R.A. 6735 is inadequate to cover the system of initiative on amendments to the Constitution. Under the said law, initiative on the Constitution is confined only to proposals to AMEND. The people are not accorded the power to "directly propose, enact, approve, or reject, in whole or in part, the Constitution" through the system of initiative. They can only do so with respect to "laws, ordinances, or resolutions." The use of the clause "proposed laws sought to be enacted, approved or rejected, amended or repealed" denotes that R.A. No. 6735 excludes initiative on amendments to the Constitution. Also, while the law provides subtitles for National Initiative and Referendum and for Local Initiative and Referendum, no subtitle is provided for initiative on the Constitution. This means that the main thrust of the law is initiative and referendum on national and local laws. If R.A. No. 6735 were intended to fully provide for the implementation of the initiative on amendments to the Constitution, it could have provided for a subtitle therefor, considering that in the order of things, the primacy of interest, or hierarchy of values, the right of the people to directly propose amendments to the Constitution is far more important than the initiative on national and local laws. While R.A. No. 6735 specially detailed the process in implementing initiative and referendum on national and local laws, it intentionally did not do so on the system of initiative on amendments to the Constitution. WHEREFORE, petition is GRANTED.
the original draft of said resolution as introduced by Senator Francisco Tatad made no mention of the manner by which the seat vacated by former Senator Guingona would be filled. or the dangers of abuse. were due to be elected in that election. the Filipino electorate will go to the polls on January 27. a choice by small percentage of voters would be void. the office/s to be voted for. On June 5. 1984 of Question Nos. and state among others. COMELEC canvassed all the votes cast for the senatorial candidates in the 14 May 2001 elections without distinction such that “there were no two separate Senate elections held simultaneously but just a single election for thirteen seats.” Tolentino and Mojica sought the issuance of a temporary restraining order during the pendency of their petition. that “the senatorial cabdidate garnering the 13th highest number of votes shall serve only for the unexpired term of former Senator Teofisto Giongona. Without issuing any restraining order. (2) There is no basis in the petitioners’ claim that the manner by which the COMELEC conducted the special Senatorial election on May 14. the Supreme Court required COMELEC to Comment on the petition. 6645 is that the COMELEC “fix the date of election. 643. 112. 6645. 01-005. Petitioners Arturo Tolentino and Arturo Mojica. The resolution further provides that the “Senatorial candidate garnering the 13th highest number of votes shall serve only for the unexpired term of former Senator Teofisto Guingona. Assuming that a member or some members of this Court may find undesirable any additional mode of disposing of public land or an urban land reform program. we DISMISS the petition for lack of merit. Alba Amendment to the Constitution Facts: As provided for in Batas Pambansa Blg. Jr. Petitioners herein seek to enjoin the submission on January 27. The questions are presented for their determination.A. upon the suggestion of Senator Raul Roco. 84. or the danger of the power being abused. and. 2001 passed Resolution No. COMELEC Facts: Following the appointment of Senator Teofisto Guingona as Vice-President of the Philippines. Precisely. whether or not "grant" of public land and "urban land reform" are unwise or improvident or whether or not the proposed amendments are unnecessary is a matter which only the people can decide. 2001. which ends on June 30. The issue before us has nothing to do with the wisdom of the proposed amendments.” if necessary. They contend that COMELEC issued Resolution 01-005 without jurisdiction because: (1) it failed to notify the electorate of the position to be filled in the special election as required under Section 2 of RA 6645. 105. to the people for ratification or rejection on the ground that there has been no fair and proper submission following the doctrine laid down in Tolentino v. Ratio Decidendi: (1) Where the law does not fix the time and place for holding a special election but empowers some authority to fix the time and place after the happening of a condition precedent. The petitioners do not seek to prohibit the holding of the plebiscite but only ask for more time for the people to study the meaning and implications of Resolution Nos.A. Jr. irrespective of term. 105 and 113 until the nature and effect of the proposals are fairly and properly submitted to the electorate. filed the instant petition for prohibition.” . the desirability. and failure to do so will render the election a nullity. 2001. 1984 to either approve or reject amendments to the Constitution proposed by Resolution Nos. 2001 should be nullified: (1) for failure to give notice by the body empowered to and (2) for not following the procedure of filling up the vacancy pursuant to R. consequently. the Senate on February 8. 104. praying for the nullification of Resolution No. HELD: The necessity. with the first 12 Senators to serve the unexpired term of 6 years and the 13th Senator to serve the full term of 3 years of Senator Teofisto Guingona. 111. Twelve senators. 110. as voters and taxpayers. after canvassing the election results. expediency. 84. the remedy is to vote "NO" in the plebiscite but not to substitute his or their aversion to the proposed amendments by denying to the millions of voters an opportunity to express their own likes or dislikes. The issue is whether or not the voters are aware of the wisdom. COMELEC. 3 (“grant” as an additional mode of acquiring lands belonging to the public domain) and 4 (the undertaking by the government of a land reform program and a social reform program). calling on COMELEC to fill the vacancy through a special election to be held simultaneously with the regular elections on May 14. nor claim that they sustained personal injury because of the issuance of Resolutions 01-005 and 01006. their desirability." Tolentino v. The proposed amendments are embodied in four (4) separate questions to be answered by simple YES or NO answers. (2) it failed to require senatorial candidates to indicate in their certificates of candidacy whether they seek election under the special or regular elections as allegedly required under Section 73 of BP 881. 2001 is a nullity because the COMELEC failed to document separately the candidates and to canvass separately the votes cast for the special election. ISSUE: Whether or not Questions 3 and 4 can be presented to the people on a later date. 2004. Tolentino and Mojica add that because of these omissions. Jr.Almario v. the method adopted by the COMELEC in conducting the special election on May 14. What is mandatory under Section 2 of R. the Senate agreed to amend the resolution by providing as it now appears. However. Gregorio Honasan ranked 13th. Significantly. If the lack of official notice misled a substantial number of voters who wrongly believed that there was no special election to fill vacancy. Issue:WON the Special Election held on May 14. Honasan questioned Tolentino’s and Mojica's standing to bring the instant petition as taxpayers and voters because they do not claim that COMELEC illegally disbursed public funds. (3) it failed to specify in the Voters Information Sheet the candidates seeking election under the special or regular senatorial elections as purportedly required under Section 4. The petitioners have failed to make out a case that the average voter does not know the meaning of "grant" of public land or of "urban land reform. Initially. 105 and 113. the COMELEC proclaimed 13 candidates as the elected Senators. Decision: WHEREFORE. No such requirement exists in our election laws. with 6-year term each. which cover Resolution Nos. 2001 merely implemented the procedure specified by the Senate in Resolution No. and wisdom of the proposed amendments are beyond the power of the courts to adjudicate. the statutory provision on the giving of notice is considered mandatory. and 113 of the Batasang Pambansa. paragraph 4 of RA 6646. The test in determining the validity of a special election in relation to the failure to give notice of the special election is whether want of notice has resulted in misleading a sufficient number of voters as would change the result of special election.
dismiss and the writs therein prayed for denied. the affirmative votes in favor of the proposed amendment would have been short of the necessary three-fourths vote in either branch of Congress. if within the competence of his office. Congress passed a bill. finally passed by both houses. The main facts are not disputed. without forfeiting their respective seats in Congress. B. even if they should run for and assume the functions of delegates to the Convention. In case of conflict. provides: “Official documents may be proved as follows: . the disposal of the issue by the Court on the basis of the journals does not imply rejection of the enrollment theory. the votes were already entered into the Journals of the respective House. 1971. B. That in the case of Acts of the Philippine Commission or the Philippine Legislature.” The SC is bound by the contents of a duly authenticated resolution (enrolled bill) by the legislature. No. which. the contents of an enrolled bill shall prevail over those of the journals. or printed by their order. (Resolution of Both Houses) No. As a result. of the Constitution of the Philippines. although each province shall have." Article XV of the Constitution provides: . H. 1 and 3 unconstitutional and invalid. namely. at the general elections which shall be held on November 14. HELD: As far as looking into the Journals is concerned. ISSUE: Whether or not the Court can take cognizance of the issue at bar. At the same time. . 3 permits Congressmen to retain their seats as legislators. to a maximum of 180. . B. 2210. for. No discrepancy appears to have been noted between the two documents and the court did not say or so much as give to understand that if discrepancy existed it would give greater weight to the journals. as amended by Act No. B. . the convention to be composed of two (2) elective delegates from each representative district. They argued that some senators and House Reps were not considered in determining the required ¾ vote (of each house) in order to pass the Resolution (proposing amendments to the Constitution) – which has been considered as an enrolled bill by then. by quo warranto proceedings. as provided in the present Constitution. "The judicial department is the only constitutional organ which can be called upon to determine the proper allocation of powers between the several departments and among the integral or constituent units thereof. as they are hereby. Article VI. The 8 representatives were not allowed to take their seat in the lower House except in the election of the House Speaker. disregarding the explicit provision that duly certified copies “shall be conclusive proof of the provisions of such Acts and of the due enactment thereof. 1967. R. the journals and the copy. 2. Neither may the validity of his acts be questioned upon the ground that he is merely a de facto officer. As a consequence. be amended so as to increase the membership of the House of Representatives from a maximum of 120. be found in conflict with each other. and rule such copy out if the two. . without special pronouncement as to costs. . calling a convention to propose amendments to said Constitution. Petitioners filed or the prohibition of the furtherance of the said resolution amending the constitution. Subsequently. or of any legislatives body that may be provided for in the Philippine Islands. H. COMELEC Facts: The case is an original action for prohibition. may propose amendments to this Constitution or call a contention for that purpose. Nos. proposing that Section 16. the Senate and the House of Representatives passed the following resolutions: 1. it shall be conclusive proof of the provisions of such Acts and of the due enactment thereof." and 3. one (1) member. The Congress in joint session assembled. It may not be contested except directly. H. (2) the proceedings of the Philippine Commission. the Resolution was passed but it could have been otherwise were they allowed to vote. It did not do what the opponents of the rule of conclusiveness advocate. or by copies certified by the clerk of secretary. to be apportioned among the several provinces as nearly as may be according to the number of their respective inhabitants. providing that the amendments to the Constitution proposed in the aforementioned Resolutions No. R. And the reasons are obvious: (1) it would be an indirect inquiry into the title to the office. H. the due enactment of a law may be proved in either of the two ways specified in section 313 of Act No. Section 313 of the old Code of Civil Procedure (Act 190). 190 as amended. by the journals of those bodies or of either house thereof. H. to be "elected in the general elections to be held on the second Tuesday of November. Held: Inasmuch as there are less than eight (8) votes in favor of declaring Republic Act 4913 and R. the title of a de facto officer cannot be assailed collaterally. The three senators were suspended by senate due to election irregularities. and (2) the acts of a de facto officer. If these members of Congress had been counted. of the same Constitution. or of Congress. violates the Constitution.Mabanag v. when there is an existence of a copy signed by the presiding officers and secretaries of said bodies. It is so ordered. look into the journals behind the enrolled copy in order to determine the correctness of the latter. upon approval by the President. 2. are valid. as already stated. with preliminary injunction. approved by the president and filed by the secretary of state. Provided.” **Enrolled Bill – that which has been duly introduced. Lopez Vito Journal – Adoption of the Enrolled Bill Theory FACTS: Petitioners include 3 senators and 8 representatives. became Republic Act No. the provisions of Article XV of the Constitution are satisfied so long as the electorate knows that R. Whether or not the said resolution was duly enacted by Congress. Issue: Whether or Not a Resolution of Congress. 3. even if both the journals from each House and an authenticated copy of the Act had been presented. 1 and 3 be submitted. R. No. Gonzales v. for approval by the people. 1967. B. Such amendments shall be valid as part of this Constitution when approved by a majority of the votes cast at an election at which the amendments are submitted to the people for their ratification. insofar as the public is concerned. on June 17. From our viewpoint. Article VI. at least. the petitions in these two (2) cases must be. 1. Respondents argued that the SC cannot take cognizance of the case because the Court is bound by the conclusiveness of the enrolled bill or resolution. be amended so as to authorize Senators and members of the House of Representatives to become delegates to the aforementioned constitutional convention. acting as a constituent assembly. 4913. 1967. No. On March 16. The SC found in the journals no signs of irregularity in the passage of the law and did not bother itself with considering the effects of an authenticated copy if one had been introduced. or by published statutes or resolutions. signed by the proper officers of each. proposing that Section 5. by a vote of three-fourths of all the Members of the Senate and of the House of Representatives voting separately.
including reasonable. all comprising the Cordillera Autonomous Region. as a member of the Liberalista will not have any chance in his election contest. The instant petition is GRANTED.A.A. petitioner maintains that as a columnist. It is provided that the SET should be composed of 9 members. namely. and hear. 2167. In fact. The Commission on Elections. there are no candidates involved in a plebiscite. it would in fact help in the government drive and desire to disseminate information. herein petitioner Pablito V. Therefore. 6766. But since there is only one minority senator the other two SET members supposed to come from the minority were filled in by the NP. In a petition dated November 20. 1989. 2167 is declared null and void and unconstitutional Tanada v. 2167. entitled "AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE CORDILLERA AUTONOMOUS REGION" was enacted into law. Comelec spaces and Comelec radio time may provide a forum for expression but they do not guarantee full dissemination of information to the public concerned because they are limited to either specific portions in newspapers or to specific radio or television times. of R. This is also the reason why a "columnist. all sides of the issue. equal rates therefor.Sanidad v. 3 senators from the majority party and 3 senators from the minority party. Prohibition on columnists. The term Political Question connotes what it means in ordinary parlance. It is clear from Art. — During the plebiscite campaign period. however. ISSUE: Whether or not the issue is a political question. 2167 is unconstitutional. 1989. 6766 and other pertinent election laws. not legality. which provides: Section 19. under the Constitution. 2nd par. of a particular measure. Pursuant to said law. time and space. 3 justices. Lorenzo assailed this process. commentator. Diosdado on the other hand was a senatorial candidate who lost the bid but was contesting it before the SET. commentator. members of the Senate were chosen. So did Diosdado because he deemed that if the SET would be dominated by NP senators then he. Cuenco et al (members of the NP) averred that the SC cannot take cognizance of the issue because it is a political question. said R. The evil sought to be prevented by this provision is the possibility that a franchise holder may favor or give any undue advantage to a candidate in terms of advertising space or radio or television time. 6646 can be construed to mean that the Comelec has also been granted the right to supervise and regulate the exercise by media practitioners themselves of their right to expression during plebiscite periods. 1989. a question of policy. promulgated Resolution No. his column obviously and necessarily contains and reflects his opinions. Section 19 of Comelec Resolution No. But prior to a decision the SET would have to choose its members. 2167 has no statutory basis. on the day before and on the plebiscite day. Held: The Supreme Court ruled that Section 19 of Comelec Resolution No. the Omnibus Election Code (BP 881). 1989 which was. Abra and Kalinga-Apayao. who is a candidate for any elective office is required to take a leave of absence from his work during the campaign period (2nd par. . Plebiscite Issue are matters of public concern and importance. announcer or personality shall use his column or radio or television time to campaign for or against the plebiscite Issue. Republic Act No. The Senate was overwhelmingly occupied by the Nacionalista Party.A. Section 19 of Comelec Resolution No. the City of Baguio and the Cordilleras which consist of the provinces of Benguet. permits or other grants issued for the operation of transportation or other public utilities. Unlike a regular news reporter or news correspondent who merely reports the news. The lone opposition senator was Lorenzo. On October 23. by virtue of the power vested by the 1987 Constitution. IX-C of the 1987 Constitution that what was granted to the Comelec was the power to supervise and regulate the use and enjoyment of franchises. no mass media columnist. to govern the conduct of the plebiscite on the said Organic Act for the Cordillera Autonomous Region. The people's right to be informed and to be able to freely and intelligently make a decision would be better served by access to an unabridged discussion of the Issue. It is concerned with issues dependent upon the wisdom. assailed the constitutionality of Section 19 of Comelec Resolution No. views and beliefs on any issue or subject about which he writes. commentators or announcers. Ifugao. Cuenco Constitutional Law – Political Question FACTS: After the 1955 elections. who claims to be a newspaper columnist of the "OVERVIEW" for the BAGUIO MIDLAND COURIER. are to be decided by the people in their sovereign capacity. and the right to reply. It is alleged by petitioner that said provision is void and unconstitutional because it violates the constitutional guarantees of the freedom of expression and of the press enshrined in the Constitution. Petitioner likewise maintains that if media practitioners were to express their views. or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government. 2226 dated December 27. for public information campaigns and forums among candidates are ensured. HELD: The SC took cognizance of the case and ruled in favor of Lorenzo and Diosdado. media of communication or information to the end that equal opportunity. It cannot be gainsaid that a columnist or commentator who is also a candidate would be more exposed to the voters to the prejudice of other candidates unless required to take a leave of absence. beliefs and opinions on the issue submitted to a plebiscite. Sanidad. The people affected by the Issue presented in a plebiscite should not be unduly burdened by restrictions on the forum where the right to expression may be exercised. including the forum. 6646). 2167 on the ground that it violates the constitutional guarantees of the freedom of expression and of the press. announcer or personality. Issue: Whether or not Section 19 of Comelec Resolution No. Mountain Province. neither Article IX-C of the Constitution nor Section 11 (b). 2167 is unconstitutional. However. a weekly newspaper circulated in the City of Baguio and the Cordilleras. Section 11(b) R. as well as ventilate. shall take part in a plebiscite for the ratification of said Organic Act originally scheduled last December 27. COMELEC Facts: This is a petition for certiorari assailing the constitutionality of Section 19 of Comelec Resolution No. Cuenco argued that the power to choose the members of the SET is vested in the Senate alone and the remedy for Lorenzo and Diosdado is not to raise the issue before judicial courts but rather to leave it before the bar of public opinion. Media practitioners exercising their freedom of expression during plebiscite periods are neither the franchise holders nor the candidates. 1990 by virtue of Comelec Resolution No. reset to January 30. It refers to those questions which.
to inspect and examine the books. Subsequently. . records. Issue: Whether or Not Sec. 1974. and C. v. . joined by other petitioners. 1971. 2706 as amended by Act No. 1971. vouchers and other supporting papers dealing with the original outlay of the P39 million as appropriated for the 1969-1970 fiscal year. Petitioners complain that before opening a school the owner must secure a permit from the Secretary of Education. or which it may deem pedagogically unsuitable. the above petition is declared moot and academic. the textbooks to be used in the private schools recognized or authorized by the government shall be submitted to the Board (Board of Textbooks) which shall have the power to prohibit the use of any of said textbooks which it may find to be against the law or to offend the dignity and honor of the government and people of the Philippines. B. a suit of this character has become moot and academic with the effectivity of the present Constitution and the consequent abolition of the House of Representatives. “this section leaves everything to the uncontrolled discretion of the Secretary of Education or his department. as well as a reply thereto on the very same day. We are not informed that the Board on Textbooks has prohibited this or that text. or that the petitioners refused or intend to refuse to submit some textbooks. 180 be declared unconstitutional. no reason exists for them to assail neither the validity of the power nor the exercise of the power by the Secretary of Education. When an official has retired he has already declared himself tired and unavailable for the same government work.) Their provisions conferring on the Secretary of Education unlimited power and discretion to prescribe rules and standards constitute an unlawful delegation of legislative power. however. employees 65 years of age have been classified differently from younger employees. HELD: Petitioners do not show how these standards have injured any of them or interfered with their operation. Villareal.2 million from various executive offices to the House of Representatives as well as its books. lack of legal personality to sue. Held: No. 1971. PHILCONSA v. Secretary of Education Political Law – Civic Efficiency FACTS: The petitioning colleges and universities request that Act No. 1971 praying that a writ be issued ordering respondents Cornelio T.) They deprive parents of their natural right and duty to rear their children for civic efficiency. The former are subject to compulsory retirement while the latter are not. 4 of BP. and are in danger of losing substantial privileges or rights for so refusing. or which it may find to be against the general policies of the government. COMELEC Facts: Petitioner questions the constitutionality of section 4 of Batas Pambansa Blg.” Also.) They deprive owners of schools and colleges as well as teachers and parents of liberty and property without due process of law. WHEREFORE. on June 16. and such books shall be audited by the Commission on Audit which shall publish annually the itemized expenditures for each Member. Section 4 provided that any retired municipal or provincial city official that already received retirement benefits and is 65 years of age shall not be qualified to run for the same local elective office from which he has retired.”[] There was. this Court adopted a resolution of the following tenor: “The respondents are hereby required to file an answer to the petition for mandamuswithin 10 days from notice hereof. There is no need. in his capacity as Speaker of the then House of Representatives. The guarantee of equal protection is subject to rational classification based on reasonable and real differentiations. No justiciable controversy has been presented to us. nonjoinder of indispensable parties as well as the mischievous consequences to which a suit of such character would give rise. an answer and motion to dismiss on behalf of respondents seeking the dismissal of the suit on the ground of lack of jurisdiction under the theory of separation of powers. Petitioners reason out. 1971 and a rejoinder by respondents on June 28. It may not be amiss to quote this excerpt from the resolution declaring moot and academic the above case against Auditor General Gimenez: “Parenthetically. There was even a surrejoinder by respondents on July 6 of the same year. filed this mandamus proceeding on May 15. because: A. the Chief Accountant thereof. the statute turns over to the Secretary of Education the exclusive authority of the legislature to formulate standard . In the present case. Wherefore. . The Secretary of Education is given the power to fix the standard. Then came the hearing on August 4. Inc. as well as its Auditor. Retirement is not a reasonable disqualification for elective local officials because there can be retirees who are even younger and a 65 year old retiree could be as good as a 65 year old official who is not a retiree. But there is reason to disqualify a 65 year old elective official who is trying to run for office because there is the “need for new blood to assume relevance”. there was a reply by petitioners on June 26. Dumlao v. On May 19. 1971. 52 as discriminatory and contrary to the equal protection and due process guarantees of the Constitution. 3075 and Commonwealth Act No.[] promulgated on February 28. In plain language. and not to move to dismiss the petition. absence of a cause of action. the first paragraph of section 4 of Batas pambansa Bilang 52 is hereby declared valid. to pass on the merits of the various legal issues raised as in accordance with the ruling in Philippine Constitution Association.52 is unconstitutional being contrary to the equal protection and due process rights.’”[] WHEREFORE.[] all delegates to the 1971 Constitutional Convention. Villareal Petitioner Philippine Constitution Association. it is to be observed that such difficulty need not attend a petition of this character if filed now in view of the specific provision in the present Constitution: ‘The records and books of accounts of the National Assembly shall be open to the public in accordance with law. suing in their capacity as such as well as citizens and taxpayers. records. vouchers and other supporting papers of the House of Representatives that have relevance to the alleged transfer of P26. Gimenez.Chapter III PACU v.
however it was unsatisfied. use and enjoyment of the natural resource treasure that is the country's virgin tropical forests. Furthermore. In fact. All licenses may thus be revoked or rescinded by executive action. The right to a balanced and healthy ecology carries with it the correlative duty to refrain from impairing the environment. upon its failure to file such answer. Spouses Tijam then moved for a writ of execution against the Surety. As prayed for in the complaint. to do that which. Instead. but the same was dissolved upon the filing of a counter-bond by defendants and the Manila Surety and Fidelity Co. is not a mere question of time but is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted. CFI denied this motion on the ground that no previous demand had been made on the Surety. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment . Factoran Fact: a cause of action to "prevent the misappropriation or impairment" of Philippine rainforests and "arrest the unabated hemorrhage of the country's vital life support systems and continued rape of Mother Earth. The doctrine of laches or of "stale demands" is based upon grounds of public policy which requires. The surety cannot now. a writ of attachment was issued by the court against defendants' properties. CA then resolved to set aside its decision and certified the case to SC. or estoppel by deed or by record. it is negligence or omission to assert a right within a reasonable time. and entitled to the full benefit. However. the plaintiffs filed a second motion for execution against the counterbond. We would in effect be declaring as useless all the proceedings had in the present case since it was commenced on July 19. It failed to do so. Yet he allowed that period to lapse without filing an answer or objection. A writ of execution was issued against defendants. Were we to sanction such conduct on its part. and of estoppel by laches. it has also been held that after voluntarily submitting a cause and encountering an adverse decision on the merits. the surety's counsel was present in court when the motion was called. to afterwards deny that same jurisdiction to escape a penalty. Issue: Whether or not petitioners have a cause of action? HELD: YES. The facts of this case show that from the time the Surety became a quasi-party on July 31. by exercising due diligence. in a general sense is failure or neglect. it is prayed for that judgment be rendered: 1] Cancel all existing timber license agreements in the country." The same was filed for themselves and others who are equally concerned about the preservation of said resource but are "so numerous that it is impracticable to bring them all before the Court. taxpayers. which affirmed the orders appealed from. The said right implies the judicious management of the country’s forests. CFI rendered judgment in favor of the plaintiffs. which was granted. Oposa v. renewing or approving new timber license agreements. after obtaining or failing to obtain such relief. the discouragement of stale claims and. warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. Surety moved to quash the writ on the ground that the same was issued without the required summary hearing." The minors further asseverate that they "represent their generation as well as generations yet unborn. CFI granted the motion for execution and the corresponding writ was issued. Surety motioned for extension to filed an answer." 4Consequently. it is too late for the loser to question the jurisdiction or power of the court. therefore. for an unreasonable and unexplained length of time. 1948. at several stages of the proceedings in the court a quo as well as in the Court of Appeals. HELD: A party may be estopped or barred from raising a question in different ways and for different reasons." The complaint2 was instituted as a taxpayers' class suit 3 and alleges that the plaintiffs "are all citizens of the Republic of the Philippines. it invoked the jurisdiction of said courts to obtain affirmative relief and submitted its case for a final adjudication on the merits. It has been held that a party can not invoke the jurisdiction of a court to sure affirmative relief against his opponent and. In the case at bar. and it was upon his request that the court a quo gave him a period of four days within which to file an answer. repudiate or question that same jurisdiction. but instead of filing a MR it filed a Motion To Dismiss on the ground that the CFI had no jurisdiction to try and decide the case as in false under the jurisdiction of the Inferior Courts as per RA 296. which was granted. accepting. but CFI denied the motion. 2] Cease and desist from receiving. Thereafter the necessary demand was made. unlike the statute of limitations. processing. the surety had been notified of the plaintiffs' motion for execution and of the date when the same would be submitted for consideration. Surety appealed to the CA. petitioners have a cause of action. could or should have been done earlier. Sibonghanoy FACTS: Spouses Tijam filed a civil case for recovery of a sum of money and corresponding interests against Sopuses Sibonghanoy in the CFI of Cebu. Laches. Defendants after being duly served with summons filed an answer with a counterclaim. This right is also the mandate of the government through DENR. and upon failure of the Surety to satisfy the judgment. Plaintiffs further assert that the adverse and detrimental consequences of continued and deforestation are so capable of unquestionable demonstration that the same may be submitted as a matter of judicial notice. It then filed a motion asking for extension to file a MR. It is not right for a party who has affirmed and invoked the jurisdiction of a court in a particular matter to secure an affirmative relief. it could have raised the question of the lack of jurisdiction of the CFI. The inequity and unfairness of this is not only patent but revolting. 1948 and compel the judgment creditors to go up their Calvary once more. for the peace of society.Tijam v.. ISSUE: Does failure to raise the issue of lack of jurisdiction for a considerable length of time bar a motion to dismiss the case? YES. It was only after an adverse decision was rendered by the Court of Appeals that it finally woke up to raise the question of jurisdiction. A denial or violation of that right by the other who has the correlative duty or obligation to respect or protect the same gives rise to a cause of action. complain that it was deprived of its day in court. but the Surety opposed on the ground that no prior demand was made and that there was failure to prosecute. The case at bar is of common interest to all Filipinos. Inc. Thus we speak of estoppel in pais. CA required Spouses Tijan to answer the motion to dismiss but failed to do so.
HELD: The SC’s jurisdiction over the COMELEC is only to review by certiorari the latter’s decision. infairness to appellant. the following portion is quoted from a resolution of this Court4 2. that 1) petitioners lack standing to file the instant petition for they are not the proper parties to institute the action. which is the only known provision conferring jurisdiction or authority on the Supreme Court over the COMELEC. Pacific Commercial3 we held that the moratorium laws suspended the period of prescription. Art 8 of the 1973 Constitution which provides: “In case a vacancy arises in the Batasang Pambansa eighteen months or more before a regular election. substantially."(11 Am.Ruling: 1. pp. Inc. order or ruling of the COMELEC which is sought to be reviewed by this Court under its certiorari jurisdiction as provided for in the aforequoted provision. At anyrate. would entail huge expenditureof money. judge for trial on the merits. And inanswer to his main contention. 2) this Court has no jurisdiction to entertain this petition.ISSUE/S:Whether or not the moratorium laws did not have the effect of suspending the period due tounconstitutionality as declared in the Rutter vs..” There is in this case no decision. Flores Facts: May 1954. orders or rulings. Esteban case. From the role BP has to play in the holding of special elections. now BP. create no office. 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. FLORES as chattel mortgage installments w/c is due inSeptember 1941.) Judgment affirmed. or ruling of the Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from his receipt of a copy thereof. the provision of Section 5(2). although the general rule is that an unconstitutional statute — "confers no right.the 10 yr. It should be stated however.–Flores pleaded for prescription: 1941-1954 and the complaint was dismissed. In Montilla vs.” COMELEC opposes the petition alleging.–On appeal before the CFI.047. the court saw the plaintiff’s sustaining contention that the moratorium lawshad interrupted the running of the prescriptive period & that deducting the time during which saidlaws were in operation. term had not yet elapsed when thecomplainant sued for collection in 1954. The power to appropriate is the sole and exclusive prerogative of the legislative body. They anchor their contention on Sec 5 (2). Esteban (93 Phil. Rutter vs. That was rendered after the RutterEsteban decision. – CFI ordered the return of the case to the mun. 828. and this power of the BP may neither be subject to mandamus by the courts much less may COMELEC compel the BP to exercise its power of appropriation. Section 11 of the New Constitution which reads: “Any decision. order. the exercise of which may not be compelled through a petition for mandamus. not to the IBP. Article VIII of the Constitution was intended to apply to vacancies in the regular National Assembly. that the Montilla decision came down after he had submitted his brief. This is as clearly provided in Article XII-C. ISSUE: Whether or not the SC can compel COMELEC to hold a special election to fill vacancies in the legislature. filed a complaint before the mun. Manila Motors Co.3 yrs. COMELEC Political Law – Vacancy in the Legislature Lozada together with Igot filed a petition for mandamus compelling the COMELEC to hold an election to fill the vacancies in the Interim Batasang Pambansa (IBP). It is obvious that the holding of special elections in several regional districts where vacancies exist. court of manila to recover theamount of P 1. which is to appropriate the funds for the expenses thereof. And 8 months. even when the vacancies would occur in the regular not IBP. and 3) Section 5(2). Jur. not the COMELEC. it would seem that the initiative on the matter must come from the BP. 68) may be construed to mean that at the of the decision theMoratorium law could no longer be validly applied because of the prevailing circumstances. Article VIII of the 1973 Constitution does not apply to the Interim Batasan Pambansa. affords no protection and justifies no acts performed under it. Manila Motors Co. What is more.98 from MANUEL T.Lozada v. Only the Batasang Pambansa (BP) can make the necessary appropriation for the purpose. without costs . 829. v.
1936. 55). presiding over a branch of a Court of First Instance of a judicial district by virtue of a legal and valid appointment. 145 is unconstitutional. both of which belong to a new judicial district formed by the addition of another Court of First Instance to the old one. the Commission on Appointments of the National Assembly disapproved the aforesaid ad interim ppointment of said petitioner -On August 1. 145. . 123). after taking the necessary oath. and he can not question the constitutionality of the law by virtue of which he was last appointed (11 American Jurisprudence. accepted the office and entered into the performance of the duties inherent therein.If the petitioner believed that Commonwealth Act No. and afterwards resort to the power entrusted with the final determination of the question whether a law is unconstitutional or not. enters into the discharge of the functions of his new office and receives the corresponding salary. and his appointment was approved by the Commission on Appointments ISSUE: WON the petitioner may question the validity of Commonwealth Act No. is that when a public official voluntarily accepts an appointment to an office newly created or reorganized by law. is unconstitutional. at least. 1938.. by virtue of which his appointment was issued. . — which new office is incompatible with the one formerly occupied by him — . id. took effect. accepts another appointment to preside over the same branch of the same Court of First Instance. -The petitioner. and enters into the performance of his duties by executing acts inherent in said newly created or reorganized office and receiving the corresponding salary. by virtue of an ad interim appointment issued by the President of the Philippines in his favor on June 2. in addition to another court of the same category. Civil Code).Zandueta v. pursuant to which he took a new oath -After his appointment and qualification as judge of first instance of the Fourth Judicial District. had he believed that his duty of obedience to the laws compelled him to do so. sec. Honorable Sixto de la Costa. 145. judge of first instance of the Fourth Judicial District. Reasoning The rule of equity. Fourth Judicial District. by implied order of the law (art. with authority to preside over the Courts of First Instance of Manila and Palawan -The National Assembly adjourned without its Commission on Appointments having acted on said ad interim appointment -Another ad interim appointment to the same office was issued in favor of said petitioner. in accordance with said Commonwealth Act No. qualifies for the discharge of the functions thereof by taking the necessary oath.In the case under consideration. the petitioner. 145 to entitle him to repossess the office occupied by him prior to the appointment issued in his favor by virtue of the assailed statute HELD Ratio When a judge of first instance. 1938. he abandons his old office and cannot claim to repossess it or question the constitutionality of the law by virtue of which his new appointment has been issued. Ninth Judicial District. comprising solely the City of Manila. being aware of his constitutional and legal rights and obligations. and holding that the petitioner is entitled to continue occupying the office in question by placing him in possession thereof. 2. Disposition The petition for quo warranto instituted is denied and the same is dismissed with costs to the petitioner.Prior to the promulgation of Commonwealth Act No. performed several executive acts -On May 19. the date on which Commonwealth Act No. 14 . otherwise known as the Judicial Reorganization Law. the Honorable Francisco Zandueta was discharging the office of judge of first instance. the petitioner was free to accept or not the ad interim appointment issued by he President of the Commonwealth in his favor. he should have accepted it with reservation. and confirmed by the Commission on ppointments of the National Assembly -On November 7. Villareal This is a quo warranto proceeding instituted by the Honorable Francisco Zandueta against the Honorable Sixto de la Costa to obtain from this court a judgment declaring the respondent to be illegally occupying the office of Judge of the Fifth Branch of the Court of First Instance of Manila. 767. 166. sanctioned by jurisprudence. par. he would later be stopped from questioning the validity of said appointment by alleging that the law. this time of the Fourth Judicial District. he will be considered to have abandoned the office he was occupying by virtue of his former appointment (46 Corpus Juris. he should have refused to accept the appointment offered him or. thereby acting with full knowledge that if he voluntarily accepted the office to which he was appointed. the petitioner received from the President of the Commonwealth a new ad interim appointment as judge of first instance. acting as executive judge. 947. with authority to preside over the Fifth Branch of the Court of First Instance of Manila and the Court of First Instance of Palawan. and was presiding over the Fifth Branch of the Court of First Instance of said city. 1936. He is excepted from said rule only when his non-acceptance of the new appointment may affect public interest or when he is compelled to accept it by reason of legal exigencies. the President of the Philippines appointed the herein respondent. with costs to said respondent FACTS . the petitioner. ousting him from said office. 121. par.