Republic of the Philippines proper Head of Department may direct that absence

SUPREME COURT during any period of disability thereby occasioned
Manila shall be on full pay, though not more than six
months, and in such case he may in his discretion
EN BANC also authorize the payment of the medical
attendance, necessary transportation, subsistence
G.R. No. 103982 December 11, 1992 and hospital fees of the injured person. Absence in
the case contemplated shall be charged first against
ANTONIO A. MECANO, petitioner, vacation leave, if any there be.
vs.
COMMISSION ON AUDIT, respondent. xxx xxx xxx

In case of sickness caused by or connected directly
with the performance of some act in the line of duty,
CAMPOS, JR., J.: the Department head may in his discretion authorize
the payment of the necessary hospital fees.
Antonio A. Mecano, through a petition for certiorari, seeks to nullify
the decision of the Commission on Audit (COA, for brevity) Director Lim then forwarded petitioner's claim, in a 1st Indorsement
embodied in its 7th Indorsement, dated January 16, 1992, denying dated June 22, 1990, to the Secretary of Justice, along with the
his claim for reimbursement under Section 699 of the Revised comment, bearing the same date, of Gerarda Galang, Chief, LED of
Administrative Code (RAC), as amended, in the total amount of the NBI, "recommending favorable action thereof". Finding
P40,831.00. petitioner's illness to be service-connected, the Committee on
Physical Examination of the Department of Justice favorably
Petitioner is a Director II of the National Bureau of Investigation recommended the payment of petitioner's claim.
(NBI). He was hospitalized for cholecystitis from March 26, 1990 to
April 7, 1990, on account of which he incurred medical and However, then Undersecretary of Justice Silvestre H. Bello III, in a
hospitalization expenses, the total amount of which he is claiming 4th Indorsement dated November 21, 1990, returned petitioner's
from the COA. claim to Director Lim, having considered the statements of the
Chairman of the COA in its 5th Indorsement dated 19 September
On May 11, 1990, in a memorandum to the NBI Director, Alfredo S. 1990, to the effect that the RAC being relied upon was repealed by
Lim (Director Lim, for brevity), he requested reimbursement for his the Administrative Code of 1987.
expenses on the ground that he is entitled to the benefits under
Section 699 1 of the RAC, the pertinent provisions of which read: Petitioner then re-submitted his claim to Director Lim, with a copy
of Opinion No. 73, S. 1991 2 dated April 26, 1991 of then Secretary
Sec. 699. Allowances in case of injury, death, or of Justice Franklin M. Drilon (Secretary Drilon, for brevity) stating
sickness incurred in performance of duty. — When a that "the issuance of the Administrative Code did not operate to
person in the service of the national government of a repeal or abregate in its entirety the Revised Administrative Code,
province, city, municipality or municipal district is so including the particular Section 699 of the latter".
injured in the performance of duty as thereby to
receive some actual physical hurt or wound, the
1

On May 10, 1991, Director Lim, under a 5th Indorsement questions the applicability of the aforesaid opinion of the Secretary
transmitted anew Mecano's claim to then Undersecretary Bello for of Justice in deciding the matter. Lastly, the COA contends that
favorable consideration. Under a 6th Indorsement, dated July 2, employment-related sickness, injury or death is adequately covered
1991, Secretary Drilon forwarded petitioner's claim to the COA by the Employees' Compensation Program under P.D. 626, such
Chairman, recommending payment of the same. COA Chairman that to allow simultaneous recovery of benefits under both laws on
Eufemio C. Domingo, in his 7th Indorsement of January 16, 1992, account of the same contingency would be unfair and unjust to the
however, denied petitioner's claim on the ground that Section 699 Government.
of the RAC had been repealed by the Administrative Code of 1987,
solely for the reason that the same section was not restated nor re- The question of whether a particular law has been repealed or not
enacted in the Administrative Code of 1987. He commented, by a subsequent law is a matter of legislative intent. The
however, that the claim may be filed with the Employees' lawmakers may expressly repeal a law by incorporating therein a
Compensation Commission, considering that the illness of Director repealing provision which expressly and specifically cites the
Mecano occurred after the effectivity of the Administrative Code of particular law or laws, and portions thereof, that are intended to be
1987. repealed. 3 A declaration in a statute, usually in its repealing clause,
that a particular and specific law, identified by its number or title, is
Eventually, petitioner's claim was returned by Undersecretary of repealed is an express repeal; all others are implied repeals. 4
Justice Eduardo Montenegro to Director Lim under a 9th
Indorsement dated February 7, 1992, with the advice that In the case of the two Administrative Codes in question, the
petitioner "elevate the matter to the Supreme Court if he so ascertainment of whether or not it was the intent of the legislature
desires". to supplant the old Code with the new Code partly depends on the
scrutiny of the repealing clause of the new Code. This provision is
On the sole issue of whether or not the Administrative Code of 1987 found in Section 27, Book VII (Final Provisions) of the Administrative
repealed or abrogated Section 699 of the RAC, this petition was Code of 1987 which reads:
brought for the consideration of this Court.
Sec. 27. Repealing Clause. — All laws, decrees,
Petitioner anchors his claim on Section 699 of the RAC, as orders, rules and regulations, or portions thereof,
amended, and on the aforementioned Opinion No. 73, S. 1991 of inconsistent with this Code are hereby repealed or
Secretary Drilon. He further maintains that in the event that a claim modified accordingly.
is filed with the Employees' Compensation Commission, as
suggested by respondent, he would still not be barred from filing a The question that should be asked is: What is the nature of this
claim under the subject section. Thus, the resolution of whether or repealing clause? It is certainly not an express repealing clause
not there was a repeal of the Revised Administrative Code of 1917 because it fails to identify or designate the act or acts that are
would decide the fate of petitioner's claim for reimbursement. intended to be repealed. 5 Rather, it is an example of a general
repealing provision, as stated in Opinion No. 73, S. 1991. It is a
The COA, on the other hand, strongly maintains that the enactment clause which predicates the intended repeal under the condition
of the Administrative Code of 1987 (Exec. Order No. 292) operated that substantial conflict must be found in existing and prior acts.
to revoke or supplant in its entirety the Revised Administrative The failure to add a specific repealing clause indicates that the
Code of 1917. The COA claims that from the "whereas" clauses of intent was not to repeal any existing law, unless an irreconcilable
the new Administrative Code, it can be gleaned that it was the inconcistency and repugnancy exist in the terms of the new and old
intent of the legislature to repeal the old Code. Moreover, the COA
2

laws. 6 This latter situation falls under the category of an implied Section 699 was not restated in the Administrative Code of 1987
repeal. meant that the same section had been repealed. It further
maintained that to allow the particular provisions not restated in
Repeal by implication proceeds on the premise that where a statute the new Code to continue in force argues against the Code itself.
of later date clearly reveals an intention on the part of the The COA anchored this argument on the whereas clause of the
legislature to abrogate a prior act on the subject, that intention 1987 Code, which states:
must be given effect. 7 Hence, before there can be a repeal, there
must be a clear showing on the part of the lawmaker that the intent WHEREAS, the effectiveness of the Government will
in enacting the new law was to abrogate the old one. The intention be enhanced by a new Administrative Code which
to repeal must be clear and manifest; 8 otherwise, at least, as a incorporate in a unified document the major
general rule, the later act is to be construed as a continuation of, structural, functional and procedural principles and
and not a substitute for, the first act and will continue so far as the rules of governance; and
two acts are the same from the time of the first enactment. 9
xxx xxx xxx
There are two categories of repeal by implication. The first is where
provisions in the two acts on the same subject matter are in an It argues, in effect, that what is contemplated is only one Code —
irreconcilable conflict, the later act to the extent of the conflict the Administrative Code of 1987. This contention is untenable.
constitutes an implied repeal of the earlier one. The second is if the
later act covers the whole subject of the earlier one and is clearly The fact that a later enactment may relate to the same subject
intended as a substitute, it will operate to repeal the earlier law. 10 matter as that of an earlier statute is not of itself sufficient to cause
an implied repeal of the prior act, since the new statute may merely
Implied repeal by irreconcilable inconsistency takes place when the be cumulative or a continuation of the old one. 12 What is necessary
two statutes cover the same subject matter; they are so clearly is a manifest indication of legislative purpose to repeal. 13
inconsistent and incompatible with each other that they cannot be
reconciled or harmonized; and both cannot be given effect, that is, We come now to the second category of repeal — the enactment of
that one law cannot be enforced without nullifying the other. 11 a statute revising or codifying the former laws on the whole subject
matter. This is only possible if the revised statute or code was
Comparing the two Codes, it is apparent that the new Code does intended to cover the whole subject to be a complete and perfect
not cover nor attempt to cover the entire subject matter of the old system in itself. It is the rule that a subsequent statute is deemed
Code. There are several matters treated in the old Code which are to repeal a prior law if the former revises the whole subject matter
not found in the new Code, such as the provisions on notaries of the former statute. 14 When both intent and scope clearly
public, the leave law, the public bonding law, military reservations, evidence the idea of a repeal, then all parts and provisions of the
claims for sickness benefits under Section 699, and still others. prior act that are omitted from the revised act are deemed
repealed. 15 Furthermore, before there can be an implied repeal
Moreover, the COA failed to demonstrate that the provisions of the under this category, it must be the clear intent of the legislature
two Codes on the matter of the subject claim are in an that the later act be the substitute to the prior act. 16
irreconcilable conflict. In fact, there can be no such conflict because
the provision on sickness benefits of the nature being claimed by According to Opinion No. 73, S. 1991 of the Secretary of Justice,
petitioner has not been restated in the Administrative Code of what appears clear is the intent to cover only those aspects of
1987. However, the COA would have Us consider that the fact that government that pertain to administration, organization and
3

but also clear and G. L-66614 January 25. 19 Narvasa. Chapter II. . and if. unless the repugnancy between the two is not only irreconcilable. Administrative the petition. Book IV of the Labor opinion carries in the determination of this controversy inasmuch as Code.. Jr. Title II (dealing on Employees' RAC decades of years ago. The COA of benefits as provided for in Section 699 of the Revised relied on the rule in administrative law enunciated in the case Administrative Code . The COA challenges the weight that this Compensation and State Insurance Fund). 18 It has been held that Opinions of the Secretary and Undersecretary of Justice SO ORDERED. or PRIMITIVO LEVERIZA. Bidin.J. against inconsistency and repugnancy for the legislature is presumed to know the existing laws on the subject and not to have Gutierrez. Jr. Cruz. 21 This Court. Feliciano. the INTERMEDIATE APPELLATE COURT. understandably because of the many changes that Compensation Program. Davide. it is but reasonable to conclude that in passing a statute it was not intended to interfere with or abrogate THIRD DIVISION any former law relating to some matter. they can be reconciled. PARUNGAO & ANTONIO unless the reason for the earlier act is beyond peradventure C.D." its own judgment for that of the administrative agency entrusted with the enforcement and implementation of the law. by any reasonable construction. of statutes by implication are not favored. and will not be decreed Republic of the Philippines unless it is manifest that the legislature so intended. Bellosillo and Melo. 1921. J. as amended by P. FE LEVERIZA. As laws are SUPREME COURT presumed to be passed with deliberation with full knowledge of all Manila existing ones on the subject. are material in the construction of statutes in pari materia. renewed. enacted inconsistent or conflicting statutes. Nocon. MOBIL OIL PHILIPPINES & later act will not operate as a repeal of the earlier. The second transpired in the government structure since the enactment of the sentence of Article 173. petitioners. premises considered.R. expressly provides that "the the body which had been entrusted with the implementation of this payment of compensation under this Title shall not bar the recovery particular provision has already rendered its decision. JJ.. respondent is hereby ordered to give due course to decisions may be reviewed by the courts upon a showing that the petitioner's claim for benefits. the Court would be loathe to substitute government. No. the Court resolves to GRANT hold water. Hence. 22 CIVIL AERONAUTICS ADMINISTRATION. Regarding respondent's contention that recovery under this subject section shall bar the recovery of benefits under the Employees' 4 . 1988 convincing. Lastly.. This principle is subject to limitations. VASCO. and flowing necessarily from the language used. unless the later act fully embraces the subject matter of the earlier. in a case.. the same cannot be upheld. . Romero.. imposition or mistake. explains the principle in detail as follows: "Repeals by implication are not favored. 20The presumption is concur. C.procedure. it is a well-settled rule of statutory construction that repeals Regalado. No costs. whose benefits are administered by the of Sison vs. concur in the result. decision is vitiated by fraud.respondents. Griño-Aquino. This will not WHEREFORE. every effort must be used to make all acts stand vs.Pangramuyen 17 that in the absence of palpable error or system (meaning SSS or GSIS) or by other agencies of the grave abuse of discretion. Padilla.

Fe Leveriza Parungao and Antonio C.000 square meters of that SAME Parcel of land and subject of Contract A above mentioned. as lessee. INC. 61705 entitled Mobil Oil ADMINISTRATION. This is a "CONTRACT OF LEASE". 1. on April 2. 1965 between hereinafter as Contract B. as lessee on May 21. 1965. affirming in toto the decision of the trial 3. This is a "LEASE AGREEMENT". plaintiff-appellee vs. that SAME parcel of land (Lot A. as lessor. Inc. executed between ROSARIO C.: Third Contract.000 square meters for 25 years. with the noted difference that while in Contract A. at Rosario C. this contract shall be referred to hereinafter area has been reduced to 3. represented by Defendant over a certain parcel of land at the MIA area.25 per square meter for the second 200 square meters. land containing an area of 4. but reduced PHILIPPINES. 1965 between the Republic of the ROSARIO C. the facts of this case are as follows: There is no dispute among the parties that the Around three contracts of lease resolve the basic subject matter of the three contracts of lease above issues in the instant case.. this contract shall be referred to hereinafter This is a Petition for Review on certiorari seeking the reversal of the as Contract C. as lessor. Second Contracts. This is a "LEASE defendant Rosario C. over LEVERIZA. for a period of 29 (sic) years. on plan being a appellants. at a monthly rental of P1. 1984 in AC-G. Primitivo Leveriza Parungao. portion of Parcel. cross-defendant. — For purposes of easy reference and square meters. 1976. PHILIPPINES.500. 1968 over Antonio C.R. defendants. CV No. Philippines. and Plaintiff MOBIL OIL the same parcel of land. (Exhibit "C"). No.BIDIN. on June 1. as lessee. Third Division * dated executed between Defendant CIVIL AERONAUTICS February 29. Inc. over to 3. the area leased is 4. — For purposes of easy references Contract B — a lease contract (in effect and brevity. INC.00.. square meters. Contract A. and 2. decision of the Intermediate Appellate Court. Psu 2031). the brevity. Leveriza over a parcel of a monthly rental of P450. and P. in Contract B and Contract C. Leveriza and AGREEMENT". Primitive Leveriza.000 square meters more or less. Appellate Court. this contract shall be referred to a sublease) of May 21. is as follows: the same parcel of land. plaintiff Mobil Oil Philippines. Civil Aeronautics Administration and consisting of approximately 4. J. at a monthly court dated April 6. 3. Contract B. 1968 between defendant Civil 5 . Vasco and Civil Aeronautics Administration. for 25 years. LEVERIZA. and Contract C. Exhibit 4-Leverizas' )..20. containing an area of Leveriza. and plaintiff MOBIL OIL Philippines. for a period of 25 years (Exhibit Contract C — a lease contract of June 'B'. — For purposes of easy reference and brevity. Exhibit "I-CAA").000 square meters. represented by Defendant CIVIL Contract A — a lease contract of April AERONAUTICS ADMINISTRATION. 1965.502 square meters.502 First Contract.20 per square meter for the As found by the trial court and adopted by the Intermediate rest. To as Contract A. These three contracts are mentioned. for a period of 25 years. as lessor. summarize: executed between the REPUBLIC OF THE PHILIPPINES.502 (Exhibit "A". Exhibit "I-Leverizas". rental of P.

. leased defendant CAA which should be declared void. xxx xxx xxx Rosario C. effect as of that date. defendants Leverizas' claim that Contract A which is their contract with CAA It is important to note. and evidence of all the parties. 1976 the reason why her successor-in-interest. these defendants shall be memoranda. shall be referred to validly cancelled on June 28. and their memoranda and reply- purposes of brevity. Declaring that Contract B has cancellation of Contract A and Contract B on the likewise ceased to have any effect as ground that Contract A from which Contract B is of June 28. for 25 years. For documentary. Plaintiff in this case seeks the rescission or 2. her son by her first husband. Fe Leveriza WHEREFORE. as LESSEE. Leveriza. testimonial and Antonio C. to wit: (1) Defendant Defendant CAA asserts that Exhibit "A" is still valid Rosario C. her second husband. her daughter by her second husband. Inc.. . that it appears that defendant subsisting. that it is Contract C between plaintiff and Civil Aeronautics Administration as LESSOR. for a clear understanding of has never been legally cancelled and still valid and the issues involved. over the only valid and subsisting contract insofar as the the same parcel of land. (pp. Inc. 95-99. Aeronautics Administration and maintains that Contract C with the defendant CAA is plaintiff Mobil Oil Philippines. Vasco. (now also deceased). of defendant CAA. 1. Leveriza and (2) defendant Civil Aeronautics defendant Leveriza in leasing the parcel of land to Administration.. for durations of time that overlapped to two lessees. but reduced parcel of land. after having thus considered the Parungao. are dispositive part of which reads: sued. is now deceased. Defendant CAA further asserts that Contract C not having been approved by the For purposes of brevity defendant Civil Aeronautics Director of Public Works and Communications is not Administration shall be referred to hereinafter as valid. this Court hereby renders judgment: referred to hereinafter as Defendants Leveriza.. defendant CAA. the defendant Civil Aeronautics Administration and 6 .. the lower court render judgment on April 6. Declaring Contract A as having been Plaintiff Mobil Oil Philippines. concerned. to wit: (1) defendant Rosario Contract A because of the violation committed by C. Leveriza. Inc. subject to the present litigation is to 3. On the other hand.. Record has therefore ceased to have any on Appeal). for durations of time that also plaintiff by virtue of Contract B without the consent overlapped. and hereinafter simply as the Plaintiff. the lessee in Contract A and the lessor in Contract B. and that plaintiff Mobil Oil and subsisting because its cancellation by Guillermo Philippines.000 square meters. the same parcel of land. 1966 because of the derived and depends has already been cancelled by cancellation of Contract A. namely: Defendants Primitive Leveriza. leased the same parcel Jurado was ineffective and asks the court to annul of land from two lessors. This is the After trial. her heirs. 1966. Inc.

1984. TO CANCEL A LEASE CONTRACT name of the Republic of the Philippines. No pronouncements as to costs. 1968. WORKS AND COMMUNICATIONS. Declaring that Contract C was authority to cancel Contract A. HOLDING THAT THE ADMINISTRATOR OF THE CIVIL AERONAUTICS ADMINISTRATION (CAA) HAD THE 9. defendants Leverizas the amount of P32. 17). p. REAL PROPERTY BELONGING TO THE REPUBLIC OF THE PHILIPPINES. II On June 2. with the trial court. Dismissing defendant CAA's THE INTERMEDIATE APPELLATE COURT ERRED IN counterclaim against plaintiff. BY THE SECRETARY. the Intermediate Appellate Court.189.00 with 6% interest per decision of the lower court dated April 6. 6. Administrative Code. 1976. the annum until fully paid.30 with 6% per annum until On appeal. WHICH CONTRACT WAS APPROVED. and that Contract C between the CAA and and that it is still valid and subsisting. same is hereby affirmed in toto. Dismissing defendant CAA's STATUTORY AUTHORITY TO LEASE. rendered a decision on February 29. the dispositive part of which reads: 5. 1976. Dismissing defendants Leverizas' cross-claim against defendant CAA. lack of jurisdiction of the THE INTERMEDIATE APPELLATE COURT ERRED IN court over the case and lack of evidentiary support of the decision HOLDING THAT THE ADMINISTRATOR OF THE CIVIL which was denied in the order of November 12. The petitioners raised the following assignment of errors: 7. p. 1976. AERONAUTICS ADMINISTRATION HAD STATUTORY AUTHORITY. the CAA and Leveriza. Ordering defendants Leverizas to refund to plaintiff the amount of WHEREFORE. 567 of the Revised AS REQUIRED BY LAW. I 8. it was only the President of OVER REAL PROPERTY OWNED BY THE REPUBLIC OF the Philippines or an officer duly designated by him who could THE PHILIPPINES. 3. this petition. Dismissing defendants Leverizas' Hence. being in full accord fully paid. WITHOUT THE APPROVAL OF THE THEN On July 27. SECRETARY OF PUBLIC WORKS AND averring that because the lot lease was properly registered in the COMMUNICATIONS. EVEN WITHOUT counterclaim against defendant APPROVAL OF THE THEN SECRETARY OF PUBLIC Leverizas. 1976 (Rollo. Said motion was however 4.000. the contract entered into between validly entered into on June 1. Mobil was void for not having been approved by the Secretary of Public Works and Communications. four counterclaims against plaintiff. the CAA filed a Motion for Reconsideration. that the Airport General Manager has no 7 . finding no reversible error in the P48. execute the lease contract pursuant to Sec. 18). defendant Leveriza filed a motion for new trial on the ground of newly discovered evidence. Ordering defendant CAA to refund to denied on November 12.1976 (Rollo.

such transfer of rights shall Contract "B" which was derived therefrom. reads: 8 . respondent Mobil Oil Philippines asserts that the consent of the Party of the First Part shall first be Contract "A" was validly cancelled on June 28. that As regards prior consent of the lessor to the transfer of rights to the subject contracts should be executed by the President of the leased premises. to serve vehicles is null and void. 24) of the Republic Paragraph 8 provides the sanction for the violation of the above- Act 776 which expressly vested authority to enter into such mentioned terms and conditions of the contract. land in question is concerned and that approval of the Department Head is not necessary under Section 32 (par. for lack of approval by the Department Secretary. ruling made by the trial court which was affirmed by the Intermediate Appellate Court (Court of Appeals). Rollo. 1966 and so was secured. 7. that the CAA There is no dispute that Contract "A" at the time of its execution Administrator has the power to execute the deed or contract of was a valid contract. p. THE CIVIL AERONAUTICS ADMINISTRATION. In any event. The issue therefore is whether or not said lease involving real properties under its administration belonging to contract is still subsisting after its cancellation by CAA on the the Republic of the Philippines without the approval of the ground of a sublease executed by petitioners with Mobil Oil Department Head as clearly provided in Section 32. However. Rollo. p. paragraph (24) Philippines without the consent of CAA and the execution of of Republic Act 776. 43). unless authority reads in full: to execute the same is by law vested in some other officer (Petition. 15-16). III On its part. WAS further asserts that Contract "C" not having been approved by the WITHOUT THE CONSENT OF THE ADMINISTRATOR OF Secretary of Public Works and Communications. At the other extreme. The issue narrows down to whether or not there is a valid ground for the cancellation of Contract "A. the CAA made a complete turnabout adopting the interpretation and The petition is devoid of merit. pp. while Contract "C"." Petitioners contend that Contract "A" is still subsisting because Contract "B" is a valid sublease and does not constitute a ground Contract "A" was entered into by CAA as the lessor and the for the cancellation of Contract "A". The Party of the Second part may transfer her rights to the leased premises but in such eventuality. the provision of paragraph 7 of said Contract Philippines or by an officer duly designated by him. 83). in its comment filed with the Supreme Court. another contract of lease between CAA and Mobil Oil Philippines (Contract "C"). it maintains have to respect the terms and conditions of this that Contract "C" is the only valid contract insofar as the parcel of agreement. Said paragraph contracts in the Administrator of CAA (Comment. Accordingly. a Leverizas as the lessee specifically "for the purpose of operating subsequent lease agreement between CAA and Mobil Oil Philippines and managing a gasoline station by the latter. The CAA RESPONDENT MOBIL OIL PHILIPPINES." Petitioners anchor their position on Sections 567 and 568 of the Revised Administrative Code which require among others. going in and out of the airport. is not valid (Rollo. respondent Civil Aeronautics Administration took the middle ground with its view that Contract "A" is still subsisting as THE INTERMEDIATE APPELLATE COURT ERRED WHEN its cancellation is ineffective without the approval of the IT RULED THAT THE CONTRACT OF SUBLEASE Department Head but said contract is not enforceable because of (CONTRACT B) ENTERED INTO BETWEEN petitioners' violation of its terms and conditions by entering into PETITIONERS' PREDECESSOR-IN-INTEREST AND Contract "B" of sublease without the consent of CAA. INC.

a subsequent billing by the Accounting Department undersigned that you have sublet the of the CAA has in effect waived or nullified the rescission of property of the CAA leased to you and Contract "A. and it is evident from the records that the judicial demand. The cancellation of the the CAA himself (Record on Appeal. Airport General Manager signed "For the Director. the sublease of the property by the lessee even without having sublet the said without the consent of the lessor. It is evident that in the Manila International Airport implementation of aforesaid contract. this Court has already ruled that the GUILLERMO P. property the said contract would have been cancelled as per attached The billing of the petitioners by the Accounting Department of the communication CAA if indeed it transpired. Airport General Manager In San Mauricio Mining Company v. 108-110). 8. (Letterhead) Such argument is untenable." by virtue of this. claiming that the Airport General Manager had no government and the people. 1966 of Guillermo P. have already been specifically provided for in Contract "A" which has already been Mrs. repealing an act of the Secretary which is beyond the authority of the Administrator. or by delegation of power. however. the approval of said Department Head is no longer necessary if not redundant. it has been held that as a matter of law rooted in the protection of Respondent Leverizas and the CAA assailed the validity of such public interest. as follows: approved by the Secretary is. 1966 such revocation or cancellation may be made. contract was made in a letter dated June 28. 422). the Director of Civil agreed upon shall be sufficient for revocation of this Aeronautics Administration who could validly cancel the contract. Ancheta (105 SCRA 391. mainly based on the violation of its terms and contract. not to mention the unassailable fact that contract of sublease (Contract "B") with Mobil Oil Philippines such act was subsequently affirmed or ratified by the Director of without the consent of CAA (lessor). However. your lease contract is hereby cancelled because of the It will be recalled that the questioned cancellation of Contract "A" violation of the stipulations of the was among others. contract by the Party of the First Part without need of They do admit. JURADO mistakes of government personnel should not affect public interest. I would like to inform you that conditions. Madam: It is further contended that even granting that such cancellation It has been found out by the was effective. Jurado. acting for to comply with the terms and conditions herein the President. They maintain that it is performance of their duties should never deprive the people of the 9 . specifically. Airport General Manager of CAA addressed to Rosario Petitioners argue that cancelling or setting aside a contract Leveriza. Failure on the part of the Party of the Second Part only the Secretary of Public Works and Communications. and also as a general policy to protect the cancellation. after the cancellation of Contract "A" is obviously an error. pp. there is no question that such act enjoys the It is not disputed that the Leverizas (lessees) entered into a presumption of regularity. in effect." Under the circumstances. Rosario Leveriza approved by the Department Head. errors of government personnel in the legal authority to make the cancellation. The terms and conditions under which June 28.

" (San Mauricio Mining Company v. which provide as follows: Philippines. (Emphasis supplied) Petitioners likewise argued that it was contemplated by the parties SEC. 48-49). this Court held that "the primary and elementary rule of Communications. The Head himself or the President of the Philippines as fact that Mobil Oil was mentioned in that contract was clearly not the case may require. unless authority to it speaks of transfer of rights of Rosario Leveriza to the leased execute the same is by law expressly vested in some premises and not to assignment of the lease (Rollo. petitioners in asserting is party to any lease or other contract relating to real the non. which authority is expressly vested in it by law. 151). the case at bar. supra). 568. it was categorically stated that it is the lessee if there is no such chief. said deed or of paragraph 7 of Contract "A" to refer to an assignment of lease contract shall be executed on behalf of said under Article 1649 of the Civil Code and not to a mere sublease. they assert that the SEC. by the proper Department (petitioner) who will manage and operate the gasoline station. respondent CAA avers that the CAA made between them.necessity for a prior consent interprets the first sentence property belonging to said government. Authority of the President of the prohibition to sublease must be expressed and cannot be merely Philippines to execute contracts relative to real implied or inferred (Rollo. A government by the President of the Philippines or by careful scrutiny of said paragraph of Contract "A" clearly shows that an officer duly designated by him. deal or transaction concerned. 567. In construction anymore. the lower court in its decision which has been Ancheta. Citing Article 1650 of the Civil Code. it is understood that it must be special provision. and requires no prior consent of CAA to perfect the same. petitioners contend that the administrator of CAA cannot 6% interest per annum until fully paid. p. — When the Republic of the Philippines is party to a deed conveying the title to real property or As correctly found by the Court of Appeals. with the approval of given a right to use and occupy the lot in question in the form of a the proper Department Head.right to rectify such error and recover what might be lost or be reader thereof. Inc. claiming Philippines. whatever improvements have been the Republic of the Philippines under its administration even constructed in the leased premises shall be relinquished to CAA. p. pp. property. a valid contract of lease over real property owned by the Republic of the Petitioners further assail the interpretation of Contract "A". Bureau or Office having control of the appropriation against which the contract would create a charge. which reads: thereof is clear and plain or readily understandable by any ordinary 10 . it must be understood that after the Administrator has the authority to lease real property belonging to expiration of the lease contract. citing Sections 567 and 568 of the Revised that Contract "B" was a mere sublease to respondent Mobil Oil Administrative Code. there is absolutely no room for interpretation or bartered away in any actuation. other officer. hence. in the absence of the period of the lease. without the approval of the Secretary of Public Works and Thus. 152). by the Chief of the sub-lease (Rollo. or In Contract "A". construction of documents is that when the words or language more particularly Section 32 (24) of Republic Act 776. Authority of national officials to make to Contract "A" that Mobil Oil Philippines would be the owner of the contract. — Written contracts not within the purview gasoline station it would construct on the leased premises during of the preceding section shall. affirmed by the Court of Appeals. intended to give approval to a sublease between petitioners and said company but rather to insure that in the arrangements to be On the other hand. ordered the CAA to refund to the petitioners the amount of rentals which was not due from them with Finally. execute without approval of the Department Secretary. be executed.

. Feliciano and Cortes. equal theoretical application to a particular case. or lease any personal or real maintain and develop the Manila International Airport property. contract involving leases of real properties belonging to the Republic of the Philippines.. not because it is an entity duly Fernan. ruled that another basic principle of the President of the Philippines. purchase. and Aeronautics Administration does not need the prior approval of the easements which may be proper or necessary: President or the Secretary of Public Works and Communications in Provided. firm.. The to enter into.. Thus. 32. . this Court. De los Angeles. that the Director of the Civil personal or real property. right of ways and easements which may be proper or and all government aerodromes except those necessary.. Jr. reason of its creation and existence. purchase. bar. (b) must have the approval of the President of the Philippines. Inc. or public or private corporation or entity (24) To administer. manage. and to acquire. 96 special law nor in the fact that the real property SCRA 139). concur. or (2) by an officer duly designated by him or (3) by an officer WHEREFORE. Sec. Baluyot. the following powers and duties: belonging to the Republic of the Philippines and it is on these properties that the Administrator must exercise his vast power and xxx xxx xxx discharge his duty to enter into. control. 120 SCRA 760) and that where two statutes are of belonging to the Republic of the Philippines. make and execute contracts of any kind Court of appeals took cognizance of the striking absence of such with any person. JJ. designated by the President but because the said authority to execute the same is. hold. 83 Under 567 of the Revised Administrative Code.. and generally be so There is no dispute that the Revised Administrative interpreted as to embrace only cases in which the special Code is a general law while Republic Act 776 is a provisions are not applicable (Sto. Powers and Duties of the Administrator. such contract of SCRA 38) lease must be executed: (1) by the President of the Philippines. the one designed therefor specially should prevail (Wil Wilhensen. Under the above-cited Section 32 (par. Domingo v. the Civil Aeronautics Administration has the authority to enter into Contracts of Lease for the government under the third SO ORDERED. administers properties among others. right of ways. 11 .. the petition is DISMISSED for lack of merit and the expressly vested by law. firm. that no real property thus acquired and any the execution of Contract "C. It is readily apparent that in the case at decision of the Court of Appeals appealed from is AFFIRMED in toto. J took no part. v. by law expressly vested in it. make and execute contract of any kind with any person. that specific statute prevails over a general statute (De subject of the lease in Contract "C" is real property Jesus v. however." other real property of the Civil Aeronautics Administration shall be sold without the approval of In this regard. is the sale of properties controlled or operated by the Armed Forces of the acquired by CAA or any other real properties of the same which Philippines including such power and duties as: . (c) to acquire. the Civil Aeronautics Administration has the power to execute the deed or Gutierrez. the Administrator shall have. People. category. hold. The exception. as correctly ruled by the Court of Appeals. the — Subject to the general control and supervision of Administrator (Director) of the Civil Aeronautics Administration by the Department Head. operate. 24) of Republic Act 776. statutory construction mandates that general legislation must give way to special legislation on the same subject. or public or private corporation proviso in the other transactions contemplated in paragraph (24) or entity. or lease any and is convinced as we are.

12 .

nothing is left to be done to submit its Position Paper despite a letter from the Voluntary by both parties but to comply with the same. pursuant to a voluntary arbitration clause in At a conference. in her capacity as Voluntary Arbitrator. Ester S. ARBITRATOR. Memorandum of Agreement dated April 1994. the parties agreed on the submission of their their collective agreement. received ALDBE's be complied with by both parties without delay. J. Atty. ROMERO. the Voluntary their case. 1995. they have mutually agreed to de bound by Arbitrator rendered a decision disposing as follows: said arbitrator's decision. ESTER S. After all. 1995 no Position presumed to have freely chosen arbitration as the mode of Paper had been filed by LDB. No. they have chosen a mutually acceptable arbitrator who shall hear and decide On May 24. respondents. such that once an Position Paper on January 18. Arbitration may be classified. LDB. 2Ideally. 13 . to an impartial third person for determination on the basis of vs. 1995 In labor law context. on the other hand. 1The essence of arbitration remains (ALDBE) arose an arbitration case to resolve the following issue: since a resolution of a dispute is arrived at by resort to a disinterested third party whose decision is final and binding on the Whether or not the company has violated the parties. on the other hand. as either compulsory or voluntary. GARCIA in her capacity as VOLUNTARY and binding.: Compulsory arbitration is a system whereby the parties to a dispute are compelled by the government to forego their right to strike and From a submission agreement of the Luzon Development Bank are compelled to accept the resolution of their dispute through (LDB) and the Association of Luzon Development Bank Employees arbitration by a third party. Under voluntary arbitration. to an impartial third person for a final respective Position Papers on December 1-15. settlement for that particular dispute. G. As of May 23. 1994. Pursuant thereto. EN BANC Hence. and binding resolution. evidence and arguments presented by such parties who have ASSOCIATION OF LUZON DEVELOPMENT BANK EMPLOYEES bound themselves to accept the decision of the arbitrator as final and ATTY.R. 120319 October 6. 1995. referral of a dispute by the parties is made. arbitration is the reference of a labor dispute LUZON DEVELOPMENT BANK. this petition for certiorari and prohibition seeking to set aside the decision of the Voluntary Arbitrator and to prohibit her from enforcing the same. finding is hereby made that the Bank SUPREME COURT has not adhered to the Collective Bargaining Manila Agreement provision nor the Memorandum of Agreement on promotion. they are Arbitrator reminding them to do so. Above all. petitioner. on promotion. without LDB's Position Paper. arbitration awards are supposed to Garcia. on the basis of the obligation on which it is based. such a third party is normally Collective Bargaining Agreement provision and the appointed by the government. failed award has been rendered by an arbitrator. but in compulsory arbitration. Republic of the Philippines WHEREFORE.

. Republic Act No. moral. or orders. If accompanied with a claim for reinstatement. that the awards of voluntary arbitrators determine the rights of 14 . . whether agricultural or non. Cases arising from any violation of Article 264 of Agreement (CBA) are required to include therein provisions for a this Code. . exemplary and other premise that the judgments of courts and awards of quasi-judicial forms of damages arising from the employer. agencies must become final at some definite time. but only upon xxx xxx xxx agreement of the parties. (a) Except as otherwise provided under this Code voluntary arbitration provides that "(t)he award or decision of the the Labor Arbiters shall have original and exclusive Voluntary Arbitrator . 3 For this purpose. In Volkschel Labor Union. awards. et al. Unfair labor practice cases. v. conditions of employment. . 7 in effect equating the voluntary those cases that workers may file involving wages. elevated to the Supreme Court 3. Claims for actual. including questions involving the legality machinery for the resolution of grievances arising from the of strikes and lockouts. this Court ruled employee relations. Except claims for Employees Compensation. within thirty (30) calendar days from receipt of the copy of the award or decision by calendar days after the submission of the case by the the parties. 8 on the settled 4. itself on a petition for certiorari. et al. decision of a voluntary arbitrator.In the Philippine context. arising from employer-employee relations. parties to a CBA shall name and 6. past practice shows that a decision or award of a voluntary arbitrator is. Article 262 authorizes them.000. such decisions. all other include a procedure for their selection. 4 The state of our present law relating to . while there is an agricultural: express mode of appeal from the decision of a labor arbiter. CBA and (2) the interpretation or enforcement of company personnel policies. interpretation or implementation of the CBA or company personnel policies.00) regardless of whether of arbitrators over (1) the interpretation or implementation of the accompanied with a claim for reinstatement. or Security. It will thus be noted that the jurisdiction conferred by law on a voluntary arbitrator or a panel of such arbitrators is quite limited On the other hand. shall be final and executory after ten (10) jurisdiction to hear and decide. Yet. to exercise jurisdiction over other labor disputes.. even in the Arbiter are final and executory unless appealed to the Commission absence of stenographic notes. Social designate therein a voluntary arbitrator or a panel of arbitrators. Article 261 of the Labor Code accordingly provides for service." 6 Hence. a labor arbiter under Article 217 of the Labor compared to the original jurisdiction of the labor arbiter and the Code has jurisdiction over the following enumerated cases: appellate jurisdiction of the National Labor Relations Commission (NLRC) for that matter. 6715 is silent with respect to an appeal from the 1. more often than not. involving an amount exceeding five exclusive original jurisdiction of such voluntary arbitrator or panel thousand pesos (P5. hours of work and other terms and Court. Medicare and maternity benefits. or orders of the Labor parties for decision without extension. NLRC. In the view of the rates of pay. this is illogical and imposes an unnecessary burden upon it. 2. the following cases by any or both parties within ten (10) calendar days from receipt of involving all workers. preferably from those claims." 5 while the "(d)ecision. accredited by the National Conciliation and Mediation Board including those of persons in domestic or household (NCMB). awards. arbitrator with the NLRC or the Court of Appeals. the parties to a Collective Bargaining 5. Termination disputes.

1-95. or by which a certain his decisions are not appealable to the latter. 11 that the broader term "instrumentalities" was judgments of a court. appellate jurisdiction of the Supreme Court in 9 of B. 442. et al. 12 Thus. In Oceanic Bic Division (FFW). 7902 in amending Sec. resolutions. Blg. subparagraph (4) of the fourth paragraph of Section Circular No." with respect to a state.. Assuming arguendo that the voluntary arbitrator or the panel of voluntary arbitrators may not strictly be considered as a quasi. is a judicial instrumentality in the settling xxx xxx xxx of an estate. therefore. al. hence. it follows that the voluntary arbitrator. 9 since he is a quasi-judicial instrumentality as amended. boards or commissions. instrumentalities. "instrumentality" are synonymous in the sense that either of them judicial agency but independent of. situation presented by the quasi-judicial functions of the voluntary boards and commissions enumerated therein. contemplates an Section 9 of B. 1-95. and this was later adopted by Republic Act No. Romero. the original purpose of Circular No. Administrative Circular No. still both he and the panel of arbitrators should likewise be appealable to the Court of Appeals. 1-91 to provide a uniform procedure for the 15 . 15 in the same manner that a sub-agent appointed by a bankruptcy court is an instrumentality of the court. et purposely included in the above-quoted provision. as said Sec. the to a governmental power delegated to him under the provisions Employees Compensation Commission and the Civil therefor in the Labor Code and he falls. 9 of B. the decision or award of the voluntary arbitrator or panel judicial agency. 10 government act or function is performed. enjoys in law the status of a quasi. A fortiori. their decisions have the same legal effect as Commission. 14 An individual person. 16 and a trustee (B) Exclusive appellate jurisdiction over all final in bankruptcy of a defunct corporation is an instrumentality of the judgments. including The voluntary arbitrator no less performs a state function pursuant the Securities and Exchange Commission." An "instrumentality" is anything used as a means or Under these rulings. and of contemplated therein. decisions." It may even be stated that it was to meet the very Circular No. 13 The word "instrumentality. 17 of Regional Trial Courts and quasi-judicial agencies.P. as amended by Republic Act No. board or commission.P. as well as the subsequent arbitrator/arbitral tribunal operating under the Construction Industry Arbitration This would be in furtherance of. the NLRC since is a means by which a government acts. within the Service Commission. although the Employees subparagraph (1) of the third paragraph and Compensation Commission is also provided for in the Labor Code. 1-91.parties. and consistent with. like an administrator or executor. orders or awards state. v. are comprehended within the concept of a "quasi-judicial in line with the procedure outlined in Revised Administrative instrumentality. authority to which the state delegates governmental power for the provides that the Court of Appeals shall exercise: performance of a state function. arbitrators here.P. which is the forerunner of the present Revised 17 of the Judiciary Act of 1948. just like those of the quasi-judicial agencies. It will be noted that. whether agency. The fact that his functions and powers are provided accordance with the Constitution. the terms governmental "agency" or acting solely or in a panel. laid down the procedure for the appealability of its decisions to the Court of Appeals under the xxx xxx xxx foregoing rationalization. 7902. the Labor Code of for in the Labor Code does not place him within the exceptions to the Philippines under Presidential Decree No. 129. 129. the provisions of this Act. 129. 9 this Court ruled that "a voluntary arbitrator by the nature of her functions acts in a quasi-judicial capacity. and apart from. except those falling within the contemplation of the term "instrumentality" in the aforequoted Sec.

19 In effect. at any time within one (1) month after an award is made. the Court resolved to REFER this case to the Court of Appeals. In the same vein. this equates the award or decision of the voluntary arbitrator with that of the regional trial court. precisely. modified or corrected. A party to the controversy may.appellate review of adjudications of all quasi-judicial entities 18 not expressly excepted from the coverage of Sec. Consequently. SO ORDERED. the cases within the adjudicative competence of the voluntary arbitrator are excluded from the jurisdiction of the NLRC or the labor arbiter. shall have jurisdiction. this Court shall henceforth remand to the Court of Appeals petitions of this nature for proper disposition. ACCORDINGLY. or if none be specified. in a petition for certiorari from that award or decision. 876. arbitration is deemed a special proceeding of which the court specified in the contract or submission. apply to the court having jurisdiction for an order confirming the award and the court must grant such order unless the award is vacated. As a matter of policy. or in which the arbitration is held. 129 by either the Constitution or another statute.P. 9 of B. Nor will it run counter to the legislative intendment that decisions of the NLRC be reviewable directly by the Supreme Court since. the Court of Appeals must be deemed to have concurrent jurisdiction with the Supreme Court. 16 . the Regional Trial Court for the province or city in which one of the parties resides or is doing business. it is worth mentioning that under Section 22 of Republic Act No. also known as the Arbitration Law.

D. to develop and promote the iron and steel industry in the have the following powers and functions: Philippines. (d) to promote full utilization of the existing capacity of the industry. Republic of the Philippines demand and supply of iron and steel products for the SUPREME COURT country and to ensure that industry prices and profits Manila are at levels that provide a fair balance between the interests of investors. 4. respondents. No. J. and in coordination.: The list of powers and functions of the ISA included the following: Petitioner Iron and Steel Authority ("ISA") was created by Presidential Decree (P. to discourage investment in excess G. integration and rationalization of the industry in order to increase xxx xxx xxx industry capability and viability to service the domestic market and to compete in international (Emphasis supplied) markets.) No. 272 initially created petitioner ISA for a term of five (5) (c) to rationalize the marketing and distribution of years counting from 9 August 1973. consumers suppliers. Sec.D. — The authority shall generally. petitioner. THE COURT OF APPEALS and MARIA CRISTINA FERTILIZER (e) to assist the industry in securing adequate and CORPORATION. P. The objectives of the ISA are spelled out in the following terms: xxx xxx xxx Sec. and the THIRD DIVISION public at large. with appropriate government agencies to encourage capital IRON AND STEEL AUTHORITY.R. needed for the attainment of the objectives of the Authority. low-cost supplies of raw materials and to reduce the excessive dependence of the country on imports of iron and steel. FELICIANO. 2. 102976 October 25. 1 When ISA's original term steel products in order to achieve a balance between 17 . 1995 capacity. vs. No. Objectives — The Authority shall have the (j) to initiate expropriation of land required for basic following objectives: iron and steel facilities for subsequent resale and/or lease to the companies involved if it is shown that (a) to strengthen the iron and steel industry of the such use of the State's power is necessary to Philippines and to expand the domestic and export implement the construction of capacity which is markets for the products of the industry. Powers and Functions. investment in priority areas of the industry. (b) to promote the consolidation. 272 dated 9 August 1973 in order.

The dismissal was anchored on the provision of the Rules of Court stating that "only Since certain portions of the public land subject matter natural or juridical persons or entities authorized by law may be Proclamation No. ISA in turn placed NSC in possession and an entity wholly owned by the National Government.760." 3 The trial court also referred to non- chemical fertilizer plant and related facilities owned by private compliance by petitioner ISA with the requirements of Section 16.D. ISA domain under P. MCFC then filed a motion to dismiss. withdrawing from sale or settlement a large tract of public land (totalling about 30. the construction of an integrated steel mill in Iligan City. however. petitioner ISA commenced eminent domain proceedings against private respondent MCFC in The property to be expropriated is not for public use the Regional Trial Court. a writ of possession was issued by the trial subsidiary of the National Development Corporation which is itself court in favor of ISA. While the trial was ongoing. construction of such a steel mill was considered a priority and the statutory existence of petitioner ISA expired on 11 August major industrial project of the Government. according to newspaper reports. 2 The trial court denied the motion for reconsideration. The The case proceeded to trial. embarked on control of the land occupied by MCFC's fertilizer plant installation. Letter of Rule 3 of the Rules of Court. No. is Philippine National Bank. (ISA) be places in possession of the property involved upon a government controlled private corporation engaged depositing in court the amount of P1. impleaded as party-defendant. the trial court granted MCFC's reserving that land for the use and immediate occupancy of NSC. Proclamation No. respondent Maria Cristina Fertilizer Corporation ("MCFC"). stating. among other things that: Accordingly." LOI No. No. 1277 also existence continued until the winding up of its affairs could be directed that should NSC and private respondent MCFC fail to reach completed.25 hectares in area) located in Iligan City. for the compensation of MCFC's contending that despite the expiration of its term. 2239 were occupied by a non-operational parties in a civil case. The National Steel Corporation ("NSC") then a wholly owned On 17 September 1983. petitioner ISA was to exercise its power of eminent allowed to be substituted for petitioner ISA. an expansion program embracing. and In an Order dated 9 November 1988. for Petitioner ISA moved for reconsideration of the trial court's Order. 4 Instruction (LOI). Petitioner ISA filed its opposition to this motion. 1277. 272 and to initiate expropriation proceedings referred to a letter from the Office of the President dated 28 in respect of occupancy rights of private respondent MCFC relating September 1988 which especially directed the Solicitor General to to the subject public land as well as the plant itself and related continue the expropriation case. was also (10) years by Executive Order No. Negotiations between NSC and private respondent MCFC did fail. its term was extended for another ten improvements involved in the expropriation proceedings. facilities and to cede the same to the NSC. contending that no valid expansion program of the NSC. Pursuant to the 1988.789. In this connection. as mortgagee of the plant facilities and offering for sale to the public its [shares of stock] in 18 . of Iligan City.69 representing ten in private business and for profit. specially now that percent (10%) of the declared market values of that property. 2239 was issued judgment could be rendered against ISA which had ceased to be a by the President of the Philippines on 16 November 1982 juridical person. The the government. should be No. 555 dated 31 August 1979. also dated 16 November 1982. praying that it or benefit [__] but for the use and benefit [__] of NSC. petitioner ISA urged that the Republic an agreement within a period of sixty (60) days from the date of LOI of the Philippines. on 18 August 1983. being the real party-in-interest. its juridical present occupancy rights on the subject land. 1277. was issued directing the NSC to "negotiate with the owners of MCFC. among other things. and on behalf of the Government. Branch 1.expired on 10 October 1978. motion to dismiss and did dismiss the case. In the alternative.

1." and that the authorization issued by the Office of the President to the Solicitor General for Petitioner went on appeal to the Court of Appeals. the parties in a civil action. the Solicitor General argues that since (b) entities authorized by law to institute actions. the Court of Appeals held that it (a) those who are recognized as persons under the was premature for the trial court to have ruled that the law whether natural." The Court of Appeals went on to say that time. ISA initiated and prosecuted the action for expropriation in its capacity as agent of the Republic of the Philippines. contains express authorization to ISA to commence expropriation proceedings like those here involved: 19 . has to be dismissed without prejudice to the refiling of a new Under the above quoted provision. — Only natural or juridical persons or entities authorized by law may be It is our considered opinion that under the law. argues that the pronounced policy of the present administration to failure of Congress to enact a law further extending the term of ISA disengage the government from its private business after 11 August 1988 evinced a "clear legislative intent to ventures.. P. As will be made clear "abolished and [had] no more legal authority to perform below. the Court of Appeals affirmed the order of over such negative intent. the Republic. on that the parties had not yet rested their respective cases. represented by the Solicitor General: Sec. biological persons.e. Who May Be Parties. and therefore. "a government regulatory agency exercising sovereign power would be exercised "not on behalf of the National functions. this is really the only issue which we must resolve at this governmental functions. was not entitled to a period for winding up its The principal issue which we must address in this case is whether affairs after expiration of its legally mandated term. considering one hand. Examination of the statute which created petitioner ISA shows that as principal of ISA. on the expropriation suit was not for a public purpose. complaint cannot prosper. 272. however.D. i. since that ISA. No. the other hand. with the result or not the Republic of the Philippines is entitled to be substituted that upon expiration of its term on 11 August 1987. the ISA's exercise of its delegated authority to Rule 3. as already noted." (Emphases supplied) categorized into two (2) groups: At the same time. ISA was for ISA in view of the expiration of ISA's term." and that the ISA. It is also contended that the exercise of dismissal of the trial court. unlike corporations organized under the Corporation Code. upon the other hand. Section 1 of the Rules of Court specifies who may be parties expropriate. the National Steel Corporation in line with the Private respondent MCFC. it will be seen that those complaint for expropriation if the Congress sees it who can be parties to a civil action may be broadly fit. The Court of Appeals held that petitioner the eminent domain by ISA or the Republic is improper. is entitled to be substituted and to be made a ISA falls under category (b) above. 5 (Brackets supplied) terminate the juridical existence of ISA. or juridical person such as corporations. In a Decision continued prosecution of the expropriation suit could not prevail dated 8 October 1991. party-plaintiff after the agent ISA's term had expired. and In this Petition for Review. the action for expropriation could not prosper because the basis for the proceedings. and could not be continued in the name of Republic of the Philippines. had become ineffective as a result of the delegate's to a civil action: dissolution." did not have the same rights as an ordinary corporation Government but for the benefit of NSC.

or a bulk purchase of materials. 272 recognizing ISA as possessing general or comprehensive juridical personality separate and distinct from that xxx xxx xxx 20 . supplies or services for particular statute. for the words of the text. or the context as a whole. The Republic itself is a contracts "for and in behalf of the Government" in the body corporate and juridical person vested with the full panoply of following terms: powers and attributes which are compendiously described as "legal personality. Sec. There is. — The Authority shall of the Government. and to maintain inventories of such materials in order to insure a (1) Government of the Republic of the continuous and adequate supply thereof and thereby Philippines refers to the corporate governmental reduce operating costs of such sector. The ISA in fact appears to the Court to be have the following powers and functions: a non-incorporated agency or instrumentality of the Republic of the Philippines. — Unless the specific contracts for and in behalf of the government. to enter into Sec. require a different meaning: any sectors in the industry. Philippine National Oil Company. however. 12 and so forth. no government. It is worth noting that the term "Authority" has been used to designate both incorporated and non- (Emphasis supplied) incorporated agencies or instrumentalities of the Government. 11 Philippine Virginia Tobacco xxx xxx xxx Administration. Philippine National Railways. ISA was vested with some of the powers or attributes barangay subdivisions or other forms of local normally associated with juridical personality. Among implement the construction of capacity which is such incorporated agencies or instrumentalities are: National Power needed for the attainment of the objectives of the Corporation." The relevant definitions are found in the xxx xxx xxx Administrative Code of 1987: (i) to negotiate. the provincial. No. city. 8 9 Authority.D. the various arms through which political authority is made (Emphasis supplied) effective in the Philippines. municipal or Clearly. are incorporated iron and steel facilities for subsequent resale and/or agencies or instrumentalities. save xxx xxx xxx as the contrary appears from the context. provision in P. 2. whether pertaining to the autonomous regions. entity through which the functions of government are exercised throughout the Philippines. Powers and Functions. and when necessary. It is common knowledge that other agencies or instrumentalities of the Government of the Republic are cast (j) to initiate expropriation of land required for basic in corporate form. 7 National Housing Authority. General Terms Defined. or more precisely of the Government of the Republic of xxx xxx xxx the Philippines. sometimes with and at other times lease to the companies involved if it is shown that without capital stock. 10 Public Estates Authority. including. that is to say. It should also be noted that the enabling statute of ISA We consider that the ISA is properly regarded as an agent or expressly authorized it to enter into certain kinds of delegate of the Republic of the Philippines. 6 Philippine Ports Authority. 4. and accordingly vested with a juridical such use of the State's power is necessary to personality distinct from the personality of the Republic.

in the provisions of the Corporation the promotion of public interest and welfare. eventually successful. and are re-assumed by. Paragraph 7 the Philippines. administering special funds. at the commencement of the expropriation xxx xxx xxx proceedings. (Emphasis xxx xxx xxx supplied) (Emphases supplied) In the instant case. not integrated within the recognize the role of representative parties: department framework. the consequences of such expiry must be facilities that are indispensable to the integration of looked for. powers. functions. etc. having been explicitly authorized by its enabling statute to institute expropriation (10) Instrumentality refers to any agency of the proceedings. duties and functions as well as the assets and liabilities of 272. When the expiring agency is and installation of iron and steel manufacturing an incorporated one. ISA is a non-incorporated agency (Emphasis supplied) or instrumentality of the Republic. — A trustee of an corporate powers. or are. assets and liabilities are properly regarded as folded back into the The principal or the real party in interest is thus the Republic Government of the Republic of the Philippines and hence assumed of the Philippines and not the National Steel Corporation. The Rules of Court at the same time expressly National Government. or a rule is.. Since. urgently other identified successor agency or instrumentality of the Republic needs the subject parcels of land for the construction of the Philippines. (Rule 3. in the absence of special provisions of law of the complaint stated: specifying some other disposition thereof such as. office. instrumentality. spelled out in the Rules of Court. This term includes regulatory agencies. (4) Agency of the Government refers to any of the The procedural implications of the relationship between an agent or various units of the Government. in the charter of that agency and. sue or be sued without joining the party for whose chartered institutions and government-owned or benefit the action is presented or defended. duties. No. that an action must be prosecuted and defended local government or a distinct unit therein. usually through a administrator. in the instant case.D. at least in part. The present expropriation suit was brought on behalf of and that agency revert back to. in the name of the real party in interest. Representative Parties. the Republic of the Philippines pursuant to its authority under P. at any stage of the proceedings. endowed with some if not all Sec. and expressed trust. functions. court may. the iron and steel making industry which is vital to by way of supplementation. bureau. to some 7. once again by the Republic. an executor or enjoying operational autonomy. thru the plaintiff ISA. ISA instituted the expropriation proceedings in its capacity as an agent or delegate or representative of the When the statutory term of a non-incorporated agency expires. The Government. . its powers. . a real party in interest. in the first instance. . e. a guardian. Code. vested with special functions or jurisdiction by law. order such beneficiary to be made a party. including a delegate of the Republic of the Philippines and the Republic itself department. duties. 3. the Republic of for the benefit of the Republic as the principal of ISA. but the controlled corporations. devolution or transmission of such powers. Section 2) Petitioner ISA was. . The general government-owned or controlled corporation.g. 21 . of course. or a party authorized by statute may charter. no special statutory provision having even though the latter may be an ultimate user of the been shown to have mandated succession thereto by some other properties involved should the condemnation suit be entity or agency of the Republic.

Since. . provided that: the trial court and Court of Appeals had required. The Court said: hold that no new legislative act is necessary should the Republic decide.From the foregoing premises. upon being substituted for ISA. 14 the Court recognized that the Republic may initiate or necessary before the Republic of the Philippines may continue the participate in actions involving its agents. in particular. ISA. Marcha. the expiration of ISA's bring back as it were to square one. For the legislative rentals. the question In E. vested primarily the property was the Philippine Ports Authority. The 1917 Revised Administrative Code.e. as we have held above. the ISA's exercise of its delegated dropped or added by order of the court. the Republic has delegated i. . we believe and so agency vested with a separate juridical personality. There the Republic of the expropriation proceedings initiated by its own delegate or agent. as before the Iligan Regional Trial Court. in principle. was not a ground that the action for expropriation could not prosper because ground for dismissal of such proceedings since a party may be the basis for the proceedings.B. Philippines is not the proper party would result in and also. a government in the legislative department of the government. 16 (Emphasis statutory term did not by itself require or justify the dismissal of the supplied) eminent domain proceedings. also in derogation of the policy against multiplicity of 22 . or cause the exercise of. 13 In the instant case. the powers and duties set needless delay in the settlement of this matter and forth in this Chapter. the President of the Philippines More importantly. Particular powers and duties of the President of proceedings: of the Philippines. was to generate unwarranted delay and create needless repetition Sec. the statutory term of already proved by the Republic of the Philippines and ISA having expired. had become legally ineffective by reason party or on the court's own initiative at any stage of the action and of the expiration of the statutory term of the agent or on such terms as are just. as we see it. directly delegation of authority to the President of the Philippines to exercising the commission it had earlier conferred on exercise. the powers and precisely moved to take over the proceedings as party-plaintiff. — In addition to his general supervisory authority. Put a little differently. Inc. which was in effect at the time In E. 64. v. enacted a continuing or standing principal of the Philippine Ports Authority. Philippines was held to be a proper party to sue for recovery of possession of property although the "real" or registered owner of While the power of eminent domain is.. it follows that the Republic of the suits. Such a decision would require the Philippine Philippines is entitled to be substituted in the expropriation Ports Authority to refile the very same complaint proceedings as party-plaintiff in lieu of ISA. on motion of any authority to expropriate. the Republic of the Philippines acted as authority. a long time ago. . As noted earlier. dismissing the shall have such other specific powers and duties as complaint on the ground that the Republic of the are expressly conferred or imposed on him by law. functions of ISA have reverted to the Republic of the Philippines upon the termination of the statutory term of ISA. the power of eminent domain on the latter as its agent. 15 (Emphasis supplied) behalf of the Government of the Republic of the Philippines. in fact to continue to It can be said that in suing for the recovery of the prosecute the expropriation proceedings.B. Intermediate Appellate should be addressed whether fresh legislative authority is Court. the Court of Appeals declined to permit the It is also relevant to note that the non-joinder of the Republic which substitution of the Republic of the Philippines for the ISA upon the occurred upon the expiration of ISA's statutory term. the Court also stressed that to require the of the commencement of the present expropriation proceedings Republic to commence all over again another proceeding. Marcha Transport Company.

We find this argument much too speculative. exercising the power duly hereby REVERSED and SET ASIDE and the case is REMANDED to the delegated under both the 1917 and 1987 Revised court a quo which shall allow the substitution of the Republic of the Administrative Codes in effect made a determination that it Philippines for petitioner Iron and Steel Authority and for further was necessary and advantageous to exercise the power of proceedings consistent with this Decision. since The Revised Administrative Code of 1987 currently in force trial was still on going at the time the Regional Trial Court has substantially reproduced the foregoing provision in the precipitously dismissed the expropriation proceedings. It is argued by private respondent MCFC that. whenever he deems the action advisable. to cause the contentions. and to direct the Secretary of Justice. (Emphasis supplied) addressed in the proceedings before the trial court. xxx xxx xxx Other contentions are made by private respondent MCFC. or Sec. Moreover. — The President to what extent. which were adopted and set out by the Regional Trial condemnation proceedings to be begun in the court Court in its order of dismissal. are premature and are appropriately having proper jurisdiction. We Philippines. Among such special powers and duties shall be: existence of Section 12 of the 1987 Administrative Code already quoted above. because Congress after becoming once more the depository of primary legislative power. No pronouncement as to eminent domain in behalf of the Government of the Republic costs. it rests too much upon simple silence on the part of Congress and casually disregards the 23 . the proceedings should be continued in view of all shall determine when it is necessary or the subsequent developments in the iron and steel sector of the advantageous to exercise the power of eminent country including. and accordingly directed the Solicitor General to proceed with the suit. the Republic is. 12. the NSC. the Decision of the Court of proceedings in the proper court. (Emphasis supplied) Appeals dated 8 October 1991 to the extent that it affirmed the trial court's order dismissing the expropriation proceedings. 17 SO ORDERED. the President. and direct the Solicitor General. (h) To determine when it is necessary or that the constitutional requirement of "public use" or "public advantageous to exercise the right of eminent purpose" is not present in the instant case. is In the present case. agree with the Court of Appeals in this connection that these where such act is deemed advisable. for all the foregoing. Those proceedings have yet to produce a decision on the merits. and that the domain in behalf of the Government of the indispensable element of just compensation is also absent. such non-enactment must be deemed a manifestation of a legislative design to discontinue or abort the present expropriation suit. had not enacted a statute extending the term of ISA. Power of eminent domain. by such substitution as party- plaintiff. such as. the partial privatization of domain in behalf of the National Government. though not limited to. to institute expopriation WHEREFORE. accorded an opportunity to determine whether or not. as following terms: a pragmatic matter.

D. No. Crisostomo. otherwise known as The Anti-Graft and Corrupt Practices 24 . questioned Orders and writs directing (1) reinstatement of respondent Isabelo T. No. 14 were likewise filed against him with the [G. as PHILIPPINES.[1] This is a petition to review the decision of the Court of Appeals On October 22. 1996] Office of Tanodbayan. 733. amended. amounts due and payable to said respondent by the said university. ISABELO T. CRISOSTOMO. The administrative cases. with costs de oficio. the dispositive portion of which reads: from office pursuant to R. WHEREFORE. Isabelo T. having been appointed to that position dispositive portion of the decision reads: by the President of the Philippines on July 17. Pablo T. J. The bail bonds government vehicles. No.A. AND after the abolition of the PCC and its transfer to the PUP. 992. Mateo. was designated as officer-in-charge on WHEREFORE. 1978. 3019. 3 (e) and R.R. 1979. CONVERTING THE PHILIPPINE COLLEGE OF salaries and benefits which said respondent failed to receive during COMMERCE INTO A POLYTECHNIC UNIVERSITY. No. petitioner was preventively suspended dated July 15. vs.A. 1977. two not guilty of the violations charged in all these three cases and administrative cases were filed against petitioner for illegal use of hereby acquits him therefrom. 13. No. petitioner. The November 10. and then as Acting President on May 13. the present petition is partially granted. 3 APPEALS and the PEOPLE OF THE (e) of the Anti-Graft and Corrupt Practices Act (R. Marcos. he was appointed Acting President and on March 28. and (2) payment of Ferdinand E. The background of this case is as follows: On July 11. July 5.A. were subsequently Pursuant to the provisions of Section 13. 1976. nepotism and dishonesty. No. 1974.: his personal and family driver. grave and released. respondents. the Court finds the accused. 1980.A. set aside. are hereby EXPANDING ITS CURRICULAR OFFERINGS. During his incumbency as president of the PCC. No. which were filed with the Office of the President. misappropriation of construction materials filed by said accused for his provisional liberty are hereby cancelled belonging to the college. further proceedings consistent with this decision may be taken by the court a quo to determine the correct Mateo continued as the head of the new University. which was intended for the DECISION College. misconduct. 1976. oppression and harassment.A. Crisostomo to the position of President of the On April 1.000. SECOND DIVISION Charges of violations of R.A. The informations alleged that he appropriated for himself a bahay kubo. Petitioner was also accused of using a driver of the College as MENDOZA. No. On April 3. more or less. Accordingly.00. three (3) informations for violation of Sec. as President for a term of six (6) years. 1341 was issued by then President Polytechnic University of the Philippines. P. 106296.* amended) were filed against him. THE COURT OF On June 14. 3019. The College of Commerce (PCC). the Circuit Criminal Court of Manila rendered Petitioner Isabelo Crisostomo was President of the Philippine judgment acquitting petitioner of the charges against him. as amended. 20-21 and R. 3019. 1976. DEFINING ITS his suspension insofar as such payment includes those accruing OBJECTIVES. Jr. 1980. and construction materials worth P250. In his place Dr. ORGANIZATIONAL STRUCTURE AND FUNCTIONS. 1992. 3019. as referred to the Office of the Solicitor General for investigation. R.

Gellor did not vacate the office as he wanted to College of Commerce. and under which the accused has been suspended by this In his return dated April 28. was issued. 1992. office of Dr. the Court of Appeals issued a temporary were likewise dismissed on August 8. No.Act.[2] the dispositive portion of which is set forth at ordering his reinstatement to the position of president of the PUP the beginning of this opinion. No. following the expiration of the term of and payable to petitioner. PCC. On April 24. and enjoining further proceedings in Criminal to prosecute them. and. reiterating her than converted and that if the PUP was intended to be a new earlier order for the reinstatement of petitioner to the position of institution. 1992. assailing the two orders and the writs of execution issued by the SO ORDERED. which President of the Philippines for the position. salaries and benefits to petitioner accruing after the conversion of the PCC to the PUP was disallowed. A writ of execution. VI-2329-2331.R. The payment of period of suspension. he is entitled to receive the salaries and other 1992. 27931). a petition for certiorari and prohibition (CA G. the law would have said it was being created. 1992. By virtue of contempt citation against Dr. 1992. the Regional Trial Court. The bail bonds filed by the accused for his provisional liberty in On May 18. 1341. This led to a the Philippines. Culture and Sports Secretary Isidro Cario in contempt of meantime administrative proceedings have been filed against him. 1992. court. he could be reinstated to his former position as president. On March 26. Cases Nos. Gellor. did not abolish the PCC. 1992. through respondent it would have specified that the PCC was being abolished rather Judge Teresita Dy-Liaco Flores. On May 5. now known as the Polytechnic University of consult with the President of the Philippines first. issued another order. Petitioner PUP president. petitioner also moved to cite Department of benefits which he failed to receive during suspension. Jaime Gellor as remanded to the trial court for a determination of the amounts due acting president of the PUP. 1992. On the other hand. Nemesio Prudente. the acting as president of the PUP pursuant to the reinstatement orders administrative cases were dismissed for failure of the complainants of the trial court. A hearing was set on May 7. 1991 on the ground that they restraining order. trial court. suspension until the conversion of the PCC to the PUP. Petitioner argues that P. particularly the part rendered a decision. 1992. the People of the Philippines filed these cases are hereby cancelled and released. 1992. 25 . The cases filed before the Tanodbayan (now the Ombudsman) On June 25. petitioner filed with the Regional Trial On July 15. who had succeeded Dr.Recovery of salaries and The motion was granted and a partial writ of execution was benefits was limited to those accruing from the time of petitioners issued by the trial court on March 6. said reinstatement. the Seventh Division of the Court of Appeals Court a motion for execution of the judgment. from which he has been suspended. 1976. the sheriff stated that he had Court in an Order dated October 22. ordering the sheriff to claims that the PUP is merely a continuation of the existence of the implement the order of reinstatement. converted the PCC into the PUP. He contends that if the law had intended the PCC to lose its existence. Petitioner assumed the office of president of the PUP. The case was however. On February 12. Said decision set aside the orders and and the payment of his salaries and other benefits during the writ of reinstatement issued by the trial court. therefore. enjoining petitioner to cease and desist from had become moot and academic. said accused is hereby executed the writ by installing petitioner as President of the PUP. Aquino appointed Dr.D. Mateo. hence. President Corazon C. ordered reinstated to the position of President of the Philippine although Dr. unless in the Education. Petitioner was one of the five nominees considered by the Hence this petition. It also asked for a temporary restraining order.

The Integrated National Police. Hence the change in its name. Status of Present NAPOLCOM. 488 as amended. the latter leading to the titles of Associate in Business control. The present Philippine School of Commerce. No. No.A. not in its corporate life. Education and/or Associate in Commerce. . one (1) of whom R. the expansion of its curricular offerings. 1341 did not abolish. reinstatement is no longer possible because of the promulgation of P. be established and constituted pursuant to this Act. No. as will presently be R.O. It shall be composed of a University of the Philippines. . P. R.D. and the Philippine it with another one. He cites the Constabulary-Integrated National Police shall cease to exist. while the Vice-Chairman shall act as the executive institution. The following examples: Philippine Constabulary. but also four-year 26 . . are abolished converted into the Philippine College of Commerce. and all other entities within their supervision and curricula. . shall cease to be hereinafter referred to as the Ministry. The Commission shall be a Philippine College of Commerce into what is now the Polytechnic collegial body within the Department. No. June 10. . is hereby created for the purpose of effectively discharging the functions prescribed in the P. There is hereby created a Ministry of Trade and Industry. which is the civilian component of the 1. PC-INP. 710: Philippines. which will offer together with their services. . in the same way that earlier in 1952. a new police force shall established pursuant to Presidential Decree No. officer of the Commission.D. and the existing Ministry of Public Highways established Manila. and the changes in its structure and organization. regional offices. the lawmaking authority says so. are abolished together with their In contrast. The present Philippine College of Commerce is hereby converted into a university to be known as the Polytechnic University of the E. which is the nucleus of the integrated Philippine Constabulary-Integrated National Police. 458 as amended. 778 earlier provided: hereinafter referred to as the Ministry.D. No. xxx xxx xxx As petitioner correctly points out. What took Secretary of the Department shall be the ex-officio Chairman of the place was a change in academic status of the educational Commission. The existing Ministry of Trade the national police force and in lieu thereof. The Commerce into the Philippine College of Commerce. No. but only changed. 546 as 1. bureaus and similar agencies. is hereby granted full college status and pursuant to Presidential Decree No. 1341.A. No. 1978.Upon the effectivity of abolish a department or an office or an organization and to replace this Act. 1. Philippine Constabulary-Integrated National Police. and the existing Ministry established pursuant to Presidential Decree No.A National Police Commission. In part the contention is well taken. the former Constitution and provided in this Act. 6975: explained. 721 as amended. No. bureaus and similar agencies. hereinafter referred to in this Decree as the University. 1437 by the President of the Philippines on 13. Chairman and four (4) regular commissioners. Creation and Composition. 1. The existing Ministry of Public Works established pursuant to Executive Order No. but. located in the City of amended. . As already noted.A. when the purpose is to 90. Philippines. provides: services. and all other entities under their supervision and control. . There is hereby created a Ministry of Public Works and Highways. 709: a major service of the Armed Forces of the Philippines. shall cease to be E.O. the present National Police Commission. hereinafter referred to as the Commission. 778 had converted what was then the Philippine School of shall be designated as Vice-Chairman by the President. regional not only its present one-year and two-year vocational commercial offices.

1978.D. merging and integrating the entire PCC new one the PUP in its stead: and other national schools as may be transferred to this new state university. Whereas.[3] a) After respondent Crisostomos suspension. The law does not state that the lands. . AND EXPANDING existence. business administration but also programs in other polytechnic areas and in other fields such as agriculture. and five-year the NEDA Director-General. Regents. including their is substantially different from that provided by the PCC Charter.courses leading to the degrees of Bachelor of Science in Business in Chamber of Commerce of the Philippines). . respectively. P. however. R. equipment and facilities owned by the Philippine College of Commerce and such other national schools b) The manner of selection and appointment of the university head as may be integrated by virtue of this decree. . All parcels of land. that lands transferred to the PCC were to be understood the chairman of the House Committee on Education. .D. (Section 6.A. shall stand transferred to PUP President shall be appointed by the President of the the Polytechnic University of the Philippines. P. In reaching this conclusion. owned by the Philippine College of Commerce and such other abolition of the PCC.D. among others. No. The President of PCC. of the PCC Alumni Association as well as the President of the 27 . recommendation of the Board of Trustees (Section 4. PUP was conceived as a as allegedly implying the abolition of the PCC and the creation of a bigger institution absorbing. Education and Bachelor of Science in Commerce. 778). the President as transferred to the PUP as the new name of the institution. Philippines upon recommendation of the Secretary of Education that said national schools shall continue to receive their and Culture after consultation with the University Board of corresponding shares from the special education fund of the Regents (section 4. 1341 (entitled But these are hardly indicia of an intent to abolish an existing CONVERTING THE PHILIPPINE COLLEGE OF COMMERCE INTO A institution and to create a new one. arts and trades and The Court of Appeals also cites the provision of P. the Secretary of Industry and the courses leading to the degrees of Master of Arts in Business Secretary of Labor are members of the PUP Board of Education and Master of Arts in Commerce. Italics supplied). Stand transferred simply means. buildings and equipment c) The composition of the new universitys Board of Regents is owned by the PCC were being transferred to the PUP but only that likewise different from that of the PCC Board of Trustees (which they stand transferred to it. (Sec. This organization bring about its abolition and the creation of a new decree explicitly provides that PUPs objectives and purposes cover one. 1341). however. including Appeals took into account the following: their obligations and appropriations . 1341). buildings.D. The obligations and appropriations thereof. . that the PUP and the PCC d) The decree moreover transferred to the new university all the are not one and the same institution but two different entities and properties including equipment and facilities: that since petitioner Crisostomos term was coterminous with the legal existence of the PCC. Only an express declaration to that effect by the lawmaking not only PCCs offering of programs in the field of commerce and authority will. The appellate court ruled. added to the curriculum of a school without affecting its legal ORGANIZATIONAL STRUCTURE AND FUNCTIONS. Nor will changes in its existing structure and ITS CURRICULAR OFFERINGS) was issued on April 1. petitioners term expired upon the . . on the other municipal/provincial/city government concerned as are now hand. was appointed by the President of the Philippines upon enjoyed by them in accordance with existing laws and/or decrees. provided. . . No. (section 2). P. Being a university. New course offerings can be POLYTECHNIC UNIVERSITY. the Court of National Schools as may be integrated . for included the chairman of the Senate Committee on Education and example. 1341 fisheries . 12. 12. DEFINING ITS OBJECTIVES.

D. Crisostomo to the position of president of the Polytechnic University 6. that is why in 1992 he asked then President 28 . 1980. he shall be entitled to one month pay for every year of service. therefore. 1979. The incumbent president of a chartered state college or university whose term may be terminated according to this Decree. In by the university up to March 28. But the reinstatement of petitioner to the position of president Aquino to consider him for appointment to the same position after of the PUP could not be ordered by the trial court because on June it had become vacant in consequence of the retirement of Dr. 7. who had been acting president of the university since April 3. further that in case the number of years served is less than 20 years. The head of the university or college shall be known as the of the Philippines and the payment to him of salaries and benefits President of the university or college. 1978.. 1437 provides: Trial Court directing the reinstatement of the petitioner Isabelo T. petitioner became entitled only to retirement benefits or the payment of separation pay. with the result that petitioners term was cut short. In accordance with 7 of the law. was appointed president of PUP for a term of six (6) years on March 28. In this case. Further Education and Culture after consulting with the Board which may proceedings in accordance with this decision may be taken by the be renewed for another term upon recommendation of the trial court to determine the amount due and payable to petitioner Secretary of Education and Culture after consulting the Board.D. 10. The powers and duties of the President of the university or college. 1980 of the Philippines upon recommendation of the Secretary of when petitioner Crisostomos term was terminated. No. renewable for another term of six (6) years. designate an officer in charge of the college or university pending the appointment of the President. shall be entitled to full retirement benefits: provided that he has served the government for at least twenty (20) years. office of presidents of state universities and colleges at six (6) years. and provided. Mateo Jr. Pablo T. absence or resignation. 1437 had been promulgated fixing the term of Prudente. No. in addition to those specifically provided for in this Decree shall be those usually pertaining to the office of the president of a university or college. the Secretary of Education and Culture shall have the authority to SO ORDERED. the decision of the Court of Appeals is the President of the Philippines to terminate the terms of MODIFIED by SETTING ASIDE the questioned orders of the Regional incumbents who were not reappointed. P. He shall be qualified for the which he failed to receive during his suspension in so far as such position and appointed for a term of six (6) years by the President payment would include salaries accruing after March 28. and authorizing WHEREFORE. 1980.Petitioner must have recognized this fact. P. case of vacancy by reason of death. Dr.

District II.1 President questioned positions on July 3.4 Second Vice-President SUPREME COURT Manila 1. National Liga. J. president of the City of Manila Liga ng mga Barangay. 1.4 Second Vice-President MENDOZA. ALUNAN III. 1. 167. of Brgy.5 Third Vice-President EN BANC 1. 2.5 Third Vice-President This is a petition for prohibition challenging the validity of Art. Alunan III.6 Secretary General 1-2 of the Revised Implementing Rules and Guidelines for the General Elections of the Liga ng mga Barangay Officers so far as 2. to restrain them from carrying out the elections for the 1. Angat. elect the following officers and directors to constitute president/secretary general of the National Liga ng mga Barangay. Manila against then Secretary of Metropolitan and Provincial Chapters shall directly Interior and Local Government Rafael M. District II.7 Auditor they provide for the election of first. their respective Board of Directors. 115844 August 15. RAFAEL M. Local Liga Chapters.3 First Vice-President 2.2 Executive Vice-President Barangay. The Municipal. 7160). ANGAT. Brgy. City.6 Auditor 1. DAVID. Zone 15.R. 1994. III. VIOLA. No. City of Manila. LEONARDO L. Zone 15. namely: and Leonardo L. respondents. 1997 §2. The National Liga shall directly elect the following officers and directors to constitute CESAR G.1 President HON. Republic of the Philippines 1.2 Executive Vice-President Petitioner's contention is that the positions in question are in excess of those provided in the Local Government Code (R. President/Secretary General. 2. petitioner. ALEX L. Secretary DILG.: 2.8 Five (5) Directors and its chapters. vs.3 First Vice-President §493 of which mentions as elective positions only those of 29 . Alex L. President. No. David. Chairman. National Liga ng mga 2. the National Liga Board of Directors namely: Manila. 167. Viola brought this action as barangay chairman §1.7 Five (5) Directors G. §§ 2. Liga ng mga Barangay. The provisions in question read: Petitioner Cesar G. second and third vice presidents and for auditors for the National Liga ng mga Barangay 2.A.

provincial and argues that. so that the only additional positions 30 . first. shall constitute a committee to respective officers. the Board shall have been created without authority of law is untenable. doubt may be cast on the validity of of the presidents of the provincial Liga chapters. For another." 1 directly elect their respective officers. a president. the creation of these positions was actually made in the officers from among the five (5) members with the Constitution and By-laws of the Liga ng Mga Barangay. 2. Thereafter. executive exercise the powers and duties of the National Liga vice president. treasurer. and five (5) members to constitute the Board of Directors Petitioner's contention that the additional positions in question of the National Liga. Code of 1991. and public relations officer from among the five (5) members. To begin appoint a treasurer. OFFICERS AND DIRECTORS The incumbent members of the Board of the PKB. the incumbent vice presidents and auditor for each chapter. secretary general. Petitioner president of the municipal. auditor. city. city. and five (5) members to Constitution and By-Laws needed for the organization constitute the Board of Directors of their respective of the Liga as a whole pursuant to the provisions of chapter. and the metropolitan chapter who shall academic if it is "capable of repetition. vice president. a president. The Board may create such other president in §493 of the LGC. second. this comes within the rule highly urbanized and independent component city that courts will decide a question which is otherwise moot and chapters. second and third metropolitan chapters of the Liga. executive vice president. in providing for the positions of first. — The chapters shall directly elect their which they belong. — The National Liga shall be composed mga Barangay. Thereafter. yet evading review. the incumbent ARTICLE VI president of the Pambansang Katipunan ng mga Barangay (PKB) shall act as the Secretary-General. and We will therefore proceed to the merits of this case. third vice president. Although the elections are now over. with the rest serving as The post of executive vice president is in reality that of the vice Directors of Board. the issues raised in this case Sec. secretary.president. For one thing. secretary and public relations with. the acts of those elected. The Board may adopted by the First Barangay National Assembly on January 11. provincial. and five members of the board of positions as it may deem necessary for the directors in each chapter at the municipal. city Implementing Rules expand the number of positions authorized in province and Metropolitan Manila shall continue to §493 of the Local Government Code in violation of the principle that act as presidents of the corresponding Liga chapters. Organization of Board of Directors of the are likely to arise again in future elections of officers of the Liga ng National Liga. namely. This Constitution and By-laws provide in pertinent parts: necessary for the management of the National Liga. Pending election of Secretary-General. namely. the Board shall appoint a the Local Government Code of 1991. 1. Pending elections of the metropolitan political subdivision. auditor. create such other positions as it may deem 1994. second. management of the chapter. headed by the Secretary-General who continue to be Sec. and third vice and with the primordial responsibility of drafting a presidents. which was rest serving as directors of the Board. implementing rules and regulations cannot add or detract from the subject to the provisions of the Local Government provisions of the law they are designed to implement. first. and national levels. §§1-2 of the presidents of the ABCs of the municipality. Organization of Board of Directors of Local presidents of the respective chapters of the Liga to Chapters.

vice president. The board shall coordinate the activities of the the Rules and Regulations Implementing the Local Government chapters of the liga." 3 by-laws of the national liga to conform to the provisions of this Rule.created for each chapter in the Constitution and By-laws are those found to be sufficient for the purpose of valid delegation. Organization. city. The Barangay National Assembly is actually the Pambansang with the overall operation of the liga on the national Katipunan ng mga Barangay (PKB) referred to in Art. the creation of the additional positions is directing the board of directors of the liga to "create such other authorized by the LGC which provides as follows: positions as may be deemed necessary for the management of the chapter[s]. Barangay National Assembly was authorized to draft the A secretary-general shall be elected form among the Constitution and By-laws because he is unable to find any creating members of the national liga and shall be charged it. who whether. economy and activities of the various chapters of the liga. we hold that §493 of the Local Government Code. Congress of the liga to which they belong. abolish or board of the pambansang katipunan ng mga merge officers in the executive department. The board shall appoint its secretary and create other positions as may be necessary for the management of treasurer and create such other positions as it may the chapter" and that. in petitioner's contention. shall constitute a provided a sufficient standard so that. There is no §493. in making a delegation of this power to the board of continue to be presidents of the respective chapters directors of each chapter of the Liga ng Mga Barangay. (emphasis added) Code of 1991. and treasurer. 210(f)(2)(3) of level. It will be helpful to quote these provisions: This provision in fact requires — and not merely authorizes the board of directors to "create such other positions as it may deem (2) A secretary-general shall be elected from among necessary for the management of the chapter" and belies the members of the national liga who shall be petitioner's claim that said provision (§493) limits the officers of a responsible for the overall operation of the liga. chapter to the president. administrative discretion may be "canalized within proper national liga and draft or amend the constitution and banks that keep it from overflowing. which Justice Davide's dissent cites. headed by the secretary-general. and five (5) members of the board of Directors — and not any other body — is vested with the power to directors. 2 The question is barangay. and national levels directly elect a president. undue delegation of power by Congress. Justice Davide contends in dissent. the incumbent president of the pambansang the power to create positions such as these has been settled by our katipunan ng mga barangay shall act as the decisions upholding the validity of reorganization statutes secretary-general. efficiency" 4 in their operations and empowering the Secretary of Education to prescribe minimum standards of "adequate and (Emphasis added) efficient instruction" 5 in private schools and colleges have been 31 . Contrary to these cases. The incumbent members of the authorizing the President of the Philippines to create. in any case. secretary. a vice. provincial. that "only the Board of president. five members of the board Pending election of a secretary-general under this of directors. The liga at the municipal. Metropolitan political subdivision. in the phrase of Justice committee to exercise the powers and duties of the Cardozo. there is no showing that the deem necessary for the management of the chapter. however. second and third vice presidents and auditor. Judged by of first. That Congress can delegate rule. Statutory provisions authorizing the President of the Philippines to make reforms and changes in government owned or controlled (3) The board of directors shall coordinate the corporations for the purpose of promoting "simplicity." embodies a fairly intelligible standard.

There is therefore no provincial. treasurer and create such other positions as it may The Barangay National Assembly was actually the Pambansang deem necessary for the management of the chapter. who acted as chapters shall constitute the provincial chapter or the secretary general. Katipunan ng mga Barangay or PKB. There would all meetings or deliberations called by the different then be only so many local chapters without a national one. city. necessary for the management of a chapter. the Metropolitan Manila chapter provisions of this Rule. The board shall appoint its secretary and Assembly is unauthorized and illegal and positions created are void. . who shall attend Liga would be no different from the local chapters. respectively. — directors of the National Liga must be deemed to have the power to Every barangay shall be represented in said liga by create additional positions not only for its management but also for the punong barangay. would reduce such board to a board of a local chapter. Directors of the chapter. members of the national liga and shall be charged with the overall operation of the liga on the national But it is contended in the dissent that "Section 493 of the LGC . 32 . and five (5) members of the board of directors the exercise of this power by the Barangay National directors. level. it served as the Liga. National Liga. The fact is that §493 grants the power The municipal and city chapters of the liga shall be to create positions not only to the boards of the local chapters but composed of the barangay representatives of to the board of the Liga at the national level as well." The board of directors of the PKB. what is contemplated in the above-quoted provisions of the LGC is that there should be one Liga ng mga Barangay with local chapters The liga shall have chapters at the municipal. at all levels of local government units. The duly and duties of the national liga and [2] draft or amend the elected presidents of highly-urbanized cities. to create additional positions which it deemed §493. provincial and incapacity. — The liga at the municipal. namely. The dissent." The implication seems to be that the board of the directors at the national level did not have that power. the board of §492. additional positions in the local chapters. The board shall coordinate the activities of the vests the power to create additional positions in the Board of chapters of the liga. and metropolitan political subdivision chapters shall functioning in place of the board of directors of the National Liga ng constitute the National Liga ng mga Barangay. Otherwise the National for the purpose among its members. metropolitan political subdivision. when chapters of the liga. mga Barangay. as follows: While the board of directors of a local chapter can create additional positions to provide for the needs of the chapter. The duly ng mga Barangay. Pending the organization of A secretary-general shall be elected from among the the Liga ng mga Barangay. (Emphasis added) It is necessary to consider the organizational structure of the Liga ng mga Barangay as provided in the LGC. and basis for the claim that because the power to create additional national levels directly elect a president. pending the organization of the Liga municipal and city barangays. . city. or in his absence or that of all the chapters at the municipal. Chapters. constitution and by-laws of the national liga to conform to the provincial chapters. by denying to provincial and metropolitan political subdivision the board of directors at the National Liga the power to create levels. city. headed by the PKB president.Pursuant to these provisions. exercised one of these powers of the National Liga board. the board of directors of the PKB was constituted elected presidents of component municipal and city into a committee. with a two-fold mandate: "[I] exercise the powers metropolitan political subdivision chapter. by a sangguniang member duly elected metropolitan political subdivision levels. Organization. Representation. a vice- positions in the Liga on its chapters is vested only in the board of president.

is on leave. Bellosillo. In light of the disclosure in the revised ponencia that the creation of the questioned additional positions of Executive Vice-President. The rule might apply if what is way of the Constitution and By Laws adopted by the First Barangay involved is the appointment of other officers. general administration or management of the chapter. but they must have the same major elective officers. be resolved is whether or not the Barangay Assembly is empowered Section 493 actually gives the board the power to "[1] appoint its to create said additional positions.. meaning to say. Melo. Kapunan. The board shall coordinate the activities of the chapters of the liga.J. a vice- necessary for the management of the chapter. JR.. concur." The various chapters could have different minor officers depending on their DAVIDE.. 33 . creating other positions for their peculiar needs. the ultimate issue then to dealing with in this case is the creation of additional positions. Regalado. national or local. Hence. the A secretary-general shall be elected from among the creation of other elective positions which may be deemed members of the national liga and shall be charged necessary for the management of the chapter is within the purview with the overall operation of the liga on the national of §493. intended to provide uniform officers for the various chapters in line with the mandate in Art. the additional vice-presidents and auditors. Organization. Elective officers. Jr.. Padilla. Second and Third Vice-Presidents. and positions to be created must be those which are "deemed national levels directly elect a president. metropolitan political subdivision. Management positions are not necessarily directors. in providing that additional provincial. whether merit. The creation by the board of the National Liga of the positions of first. Jr.. §493. without however precluding the boards of directors of the chapters as well as that of the national liga from SO ORDERED. and Auditor. Implementing the Local Government Code of 1991 to the Barangay National Assembly to "formulate uniform constitution and by-laws Separate Opinions applicable to the national liga and all local chapters. what may be created as additional positions Article III of the Revised Implementing Rules and Guidelines for the can only be appointive ones because the positions of secretary and General Elections of Liga ng Mga Barangay Officers was made by treasurer are appointive positions. the petition for prohibition is DISMISSED for lack of was to create additional positions in each chapters. level. embodied in of ejusdem generis. (Emphasis supplied). The dissent further argues that. The liga at the municipality. auditors and public relations officers was Francisco and Hermosisima. can be expected to be involved in the deem necessary for the management of the chapter.Indeed what was done in the Constitution and By-laws of their liga WHEREFORE. Nor is it correct to say that §493. third vice presidents. But what we are National Assembly on 11 January 1994.. secretary and treasurer and [2] create such other positions as it may deem necessary for the management of the chapter. dissenting. local needs. The board shall appoint its secretary and limited to appointive positions. city. such as the treasurer and create such other positions as it may president and vice-president. JJ. J. J.. C." contemplates only president." The Section 493 of the Local Government Code of 1991 (LGC) additional positions to be created need not therefore be appointive specifically provides as follows: positions. following the rule First. second and Narvasa. 210(g)(2) of the Rules and Regulations Torres. Puno. and five (5) members of the board of appointive positions.

Pending election of Secretary-General. Organization of Board of Directors of Local belong. 1.3 First Vice-President National Liga. a president. treasurer. provincial and Metropolitan and Provincial Chapters shall directly metropolitan chapters of the Liga. The Municipal City president of the municipality. namely a president. The Board may create such Officers read as follows: other positions as it may deem necessary for the management of the chapter. 1. The Board may create such other positions as 34 . secretary and §2. the incumbent president of the Pambansang ARTICLE VI Katipunan ng mga Barangay (PKB) shall act as the OFFICERS AND DIRECTORS Secretary-General who continue to be presidents of the respective chapters of the Liga to which they Sec. namely: province and Metropolitan Manila shall continue to act as presidents of the corresponding Liga chapters. 2. The National Liga shall directly public relations officers from among the five (5) elect the following officers and directors to constitute members with the rest serving as directors of the the National Liga Board of Directors namely: Board.Article VI of the Constitution and By-Laws of the Liga ng Mga it may deem necessary for the management of the Barangay provides as follows: National Liga. shall constitute a committee to exercise the Chapters. Local Liga Chapters. first. auditor. Thereafter.5 Third Vice-President directly elect their respective officers. the Board shall appoint a treasurer. auditor. the incumbent elect the following officers and directors to constitute presidents of the ABCs of the municipality. second. — The chapter shall directly elect their powers and duties of the National Liga and with the respective officers.1 President subject to the provisions of the Local Government Code of 1991. the Board shall appoint a secretary. and five (5) members to as a whole pursuant to the provisions of the Local constitute the Board of Directors of their respective Government Code of 1991. and public relations officers Sections 1 and 2 of Article III of the Revised Implementing Rules from among the five (5) members. with rest serving and Guidelines for the General Elections of Liga ng Mga Barangay as Directors of Board. city. 1. Pending elections of the §1. Thereafter.4 Second Vice-President highly urbanized and independent component city chapters. Organization of Board of Directors of the 1. namely. executive vice president. city. (Emphasis supplied).6 Auditor and third vice presidents. and the metropolitan chapter who shall 1. first. executive primordial responsibility of drafting a Constitution vice president. — The National Liga shall be composed of the presidents of the provincial Liga chapters. and five (5) members to constitute the 1. secretary general. second. 1. National Liga. chapter. 1.2 Executive Vice-President Sec. and third vice. their respective Board of Directors.7 Five (5) Directors Board of Directors of the National Liga. and By-Laws needed for the organization of the Liga presidents.

2.5 Third Vice-President continue to act as presidents of the 2. and Metropolitan Manila shall 2.7 Auditor (Emphasis supplied). Pending the liga to which they election of presidents of belong. 2. city. headed by the and create such other secretary-general. Pending (f) Organizational Structure — election of a secretary- general under this rule. The the pambansang board shall appoint its katipunan ng mga secretary and treasurer barangay. Article among the members of 211(f) of the Rules and Regulations Implementing the Local the national liga who Government Code of 1991 provides: shall be responsible for the overall operation of the liga. vice president. city. the incumbent 2.2 Executive Vice-President presidents of the association of barangay 2. 2. and 35 . (1) The national liga and the incumbent president its local chapters shall of the pambansang directly elect their katipunan ng mga respective officers. who positions as it may continue to be deem necessary for the presidents of the management of the respective chapters of chapter. 2.1 President metropolitan chapters of the liga. a committee to exercise provincial. the secretary-general. and five This incumbent (5) members of the members of the board of board of directors. barangay shall act as namely: a president.4 Second Vice-President province.3 First Vice-President councils in the municipality.6 Secretary General corresponding chapters under this Rule. shall constitute the municipal.8 Five (5) Directors (2) A secretary-general shall be elected from To implement Section 493 of the Local Government Code.

Under the Implementing the national liga and Rules of the LGC (Art. it is the Board of Directors which appoints the secretary and liga at the local levels. 491) applicable to the with local chapters at the municipal." (2) The committee created in this Article I beg to differ. even assuming that the committee was the so-called First 211(f) of the Implementing Rules are clear that the officers of the Barangay National Assembly of 11 January 1994. were constituted into directors shall a committee to exercise the powers and duties of the national liga coordinate the activities and draft or amend the Constitution and By-Laws of the Liga. limits the treasurer and is empowered to "create such other positions as it power of this committee. constitution and by-laws What the LGC has created is the Liga ng Mga Barangay (Sec. Pursuant to Article 211[f][2] of the Implementing Rules. city. In Laws it enacted additional positions for the national liga and the turn. through the constitution and by-laws of their applicable laws. It may readily be observed that Section 493 of the LGC and Article Second. Barangay National Assembly which convened on 11 January 1994. headed by the Secretary-General. as follows: may deem necessary for the management of the chapter concerned. the members of the Board of the Pambansang Katipunan ng Mga (3) The board of Barangay. 211[e][4]). the National Liga Ng Mga draft or amend the Barangay is composed of the duly elected presidents of highly constitution and by-laws urbanized city chapters. by virtue of the Constitution and By- President and (3) five (5) members of the Board of Directors. provincial and national liga and all local 36 . I am unable to find any provision of shall formulate uniform the LGC creating or establishing the Barangay National Assembly. In the first place. said committee national liga and its local chapters are: (1) the President. provided under this Rule affecting the internal The ponencia maintains that since the questioned positions were organization of the liga provided for in the Constitution and By-Laws of the Liga ng Mga shall be governed by its Barangay adopted during its First Barangay National Assembly on constitution and by-laws. created the additional positions without precluding the boards and regulations. 11 January 1994. The the Constitution and barangay themselves. then such additional positions "were as much the unless inconsistent with creations of the local chapters as of the national league. The aforementioned Article 211(g). unequivocally clear that only the Board (g) Constitution and By-Laws of the Liga — of Directors — and not any other body — which is vested with the power to create other positions as may be necessary for the (1) All other matters not management of the chapter. conform to the provisions of this Rule. provincial chapters and metropolitan of the national liga to chapters. rules liga." It is. 492). the powers and duties of metropolitan subdivision levels (Sec. There of the various chapters is at all no showing that this committee was the so-called First of the liga. of directors of the chapters as well as that of the national liga from creating other positions. (2) Vice was not authorized to create. therefore.

the section does positions. insofar chapter. These other positions may then be that of an assistant 493 of the LGC and Article 211 (f) of the Implementing Rules limit secretary. Vice President and the board of information officer. and not to policy formulation which may be exercised the or entity. as that of secretary and perforce be heeded. It construction. Following the rule of ejusdem generis in statutory the Rules Implementing the Local Government Code of 1991.. In short. 37 . from issuance of these Rules. dissenting. second and third vice-presidents. It bears repeating that as they stand." If this were so." in light of the clause preceding the grant of the regulations. then they "were as much as legislative authority Sections 1 and 2 of Article III of the the creations of the local chapters as of the national league. The latter then appoints Section 493. or the officers to the: President. directors of the chapter as well as that of the national liga from creating other positions. The claim in the ponencia that the creation of additional positions in the Constitution and By-Laws does not preclude the board of Romero.. or even a sergeant-at-arms.. under directors composed of five (5) members. Further. may only pertain to the day-to-day business and affairs of the liga neither the LGC nor the Implementing Rules authorizes any person chapter. The committee in line with the mandate of the assembly to "formulate uniform shall convene the constitution and by-laws applicable to the national liga and all local national liga to ratify the chapters. JR. Vitug and Panganiban. viz. assistant treasurer. then the chapters are barred from constitution and by-laws creating additional positions other than those created in the within six (6) months Constitution and By-Laws of the Liga ng Mga Barangay. Third. one of the laws that come to mind is the power. Section treasurer." This Implementing Rules and Guidelines for the General Elections of the runs afoul of Section 493 of the LGC which vests the power to Liga ng Mga Barangay Officers. first. concur. Plainly. Vice-President and Board of Directors. auditor. chapters. I vote to declare void. for lack of By-Laws of the Liga ng Mga Barangay. . APPOINTIVE. the new positions which may be created are those a secretary and a treasurer and may create such other positions as "deemed necessary for the management of the chapter. . the "other positions" which may be created must be goes without saying that the LGC and its Implementing Rules must of the same category. which reads: "The board shall appoint its secretary and LGC of 1991 and the rules and regulations could nothing be than treasurer. is inconsistent with the earlier proposition that such new positions. "applicable laws. JJ. as they relate to the creation of the positions of executive vice president." I lay stress on the enact must not be inconsistent with . it would be a clear case of judicial legislation to declare that since the additional positions were created in the Constitution and For the foregoing reasons. it may likewise be observed that Section 493 merely allows the creation of other appointive positions "as it may deem Note that the constitution and by-laws which the committee may necessary for the management of the chapter. other than the Board of Directors. "were as much the creations of the local chapters and the league" and the further justification proferred that Separate Opinions the creation of the national positions "was intended to provide uniform officers for the various chapters and the national liga was DAVIDE. J. to create additional executive officers and Board of Directors. rules and term "appointive. public relations officer.. Finally." Of course. not empower the local liga to create elective positions other than that of President. and Sections 1 and 2 of Article VI of create additional positions only in the Board of Director of the the Constitution and By-Laws of the Liga ng Mga Barangay. and auditor." which it may deem necessary for the management of the chapter.

city. the ultimate issue then to presidents of the ABCs of the municipality. shall constitute a committee to exercise the Chapters. deem necessary for the management of the chapter. chapter. auditor. secretary A secretary-general shall be elected from among the general. 1. specifically provides as follows: Sec. — The chapter shall directly elect their powers and duties of the National Liga and with the respective officers. Second and Third Vice-Presidents. Organization of Board of Directors of the §493. Organization of Board of Directors of Local belong. executive vice president. first. as Directors of Board. Pending election of Secretary-General. National Liga. metropolitan political subdivision. second. Thereafter. namely. The liga at the municipality. with rest serving the questioned additional positions of Executive Vice-President. Thereafter. 2. embodied in other positions as it may deem necessary for the Article III of the Revised Implementing Rules and Guidelines for the management of the chapter. and five (5) members to constitute the members of the national liga and shall be charged Board of Directors of the National Liga. and By-Laws needed for the organization of the Liga presidents. and third vice. auditor. with the overall operation of the liga on the national the Board shall appoint a treasurer. namely a president. and Auditor. a vice. (Emphasis supplied). and third vice presidents. city. secretary and level. — The National Liga shall be composed provincial. the incumbent National Assembly on 11 January 1994. subject to the provisions of the Local Government Section 493 of the Local Government Code of 1991 (LGC) Code of 1991. and five (5) members of the board of chapters. second. The board shall appoint its secretary and directly elect their respective officers. city. members with the rest serving as directors of the Board. national levels directly elect a president.In light of the disclosure in the revised ponencia that the creation of from among the five (5) members. and five (5) members to as a whole pursuant to the provisions of the Local constitute the Board of Directors of their respective Government Code of 1991. the Board shall appoint a secretary. (Emphasis supplied). and public relations officers 38 . The Board may create such other positions as Article VI of the Constitution and By-Laws of the Liga ng Mga it may deem necessary for the management of the Barangay provides as follows: National Liga. a treasurer and create such other positions as it may president. The Board may create such First. Organization. The board shall coordinate the activities of the public relations officers from among the five (5) chapters of the liga. provincial and way of the Constitution and By Laws adopted by the First Barangay metropolitan chapters of the Liga. highly urbanized and independent component city president. act as presidents of the corresponding Liga chapters. executive primordial responsibility of drafting a Constitution vice president. first. Pending elections of the General Elections of Liga ng Mga Barangay Officers was made by president of the municipality. be resolved is whether or not the Barangay Assembly is empowered province and Metropolitan Manila shall continue to to create said additional positions. and the metropolitan chapter who shall directors. and of the presidents of the provincial Liga chapters. the incumbent president of the Pambansang ARTICLE VI Katipunan ng mga Barangay (PKB) shall act as the OFFICERS AND DIRECTORS Secretary-General who continue to be presidents of the respective chapters of the Liga to which they Sec. treasurer.

Local Liga Chapters. The Municipal City To implement Section 493 of the Local Government Code.2 Executive Vice-President the liga.5 Third Vice-President continue to act as presidents of the 2. namely: a president. Pending the National Liga Board of Directors namely: election of presidents of the municipal.3 First Vice-President councils in the municipality. and metropolitan chapters of 2.2 Executive Vice-President its local chapters shall directly elect their 1. 2.7 Auditor and Guidelines for the General Elections of Liga ng Mga Barangay Officers read as follows: 2.8 Five (5) Directors §1. city.6 Auditor secretary and treasurer and create such other 1.7 Five (5) Directors positions as it may deem necessary for the §2. namely: (f) Organizational Structure — 1. 2. Article Metropolitan and Provincial Chapters shall directly 211(f) of the Rules and Regulations Implementing the Local elect the following officers and directors to constitute Government Code of 1991 provides: their respective Board of Directors. The board shall appoint its 1.Sections 1 and 2 of Article III of the Revised Implementing Rules 2.6 Secretary General corresponding chapters 39 . city. and Metropolitan Manila shall 2. and five (5) members of the 1.1 President provincial.4 Second Vice-President province.3 First Vice-President respective officers.5 Third Vice-President board of directors. National Liga. 1.4 Second Vice-President vice president. the incumbent presidents of the association of barangay 2.1 President (1) The national liga and 1. The National Liga shall directly management of the elect the following officers and directors to constitute chapter.

headed by the liga.under this Rule. unequivocally clear that only the Board general under this rule. belong. provided for in the Constitution and By-Laws of the Liga ng Mga This incumbent Barangay adopted during its First Barangay National Assembly on members of the board of 11 January 1994. Under the Implementing the national liga and Rules of the LGC (Art. created the additional positions without precluding the boards secretary-general. provincial and the powers and duties of metropolitan subdivision levels (Sec. the National Liga Ng Mga draft or amend the Barangay is composed of the duly elected presidents of highly constitution and by-laws urbanized city chapters. who of directors of the chapters as well as that of the national liga from continue to be creating other positions." presidents of the respective chapters of I beg to differ. I am unable to find any provision of the liga to which they the LGC creating or establishing the Barangay National Assembly. therefore. through the constitution and by-laws of their barangay. conform to the provisions of this Rule. 211[e][4]). There 40 . then such additional positions "were as much the the pambansang creations of the local chapters as of the national league. shall constitute What the LGC has created is the Liga ng Mga Barangay (Sec. city. The katipunan ng mga barangay themselves. Pending may deem necessary for the management of the chapter election of a secretary. In shall be responsible for turn. concerned. (2) A secretary-general It may readily be observed that Section 493 of the LGC and Article shall be elected from 211(f) of the Implementing Rules are clear that the officers of the among the members of national liga and its local chapters are: (1) the President." It is. (2) Vice the national liga who President and (3) five (5) members of the Board of Directors. In the first place. it is the Board of Directors which appoints the secretary and the overall operation of treasurer and is empowered to "create such other positions as it the liga. headed by the Secretary-General. Pursuant to Article 211[f][2] of the Implementing Rules. 492). provincial chapters and metropolitan of the national liga to chapters. katipunan ng mga barangay shall act as The ponencia maintains that since the questioned positions were the secretary-general. of the various chapters (Emphasis supplied). of the liga. of Directors — and not any other body — which is vested with the the incumbent president power to create other positions as may be necessary for the of the pambansang management of the chapter. 491) a committee to exercise with local chapters at the municipal. were constituted into directors shall a committee to exercise the powers and duties of the national liga coordinate the activities and draft or amend the Constitution and By-Laws of the Liga. the members of the Board of the Pambansang Katipunan ng Mga (3) The board of Barangay.

The claim in the ponencia that the creation of additional positions in the Constitution and By-Laws does not preclude the board of (2) The committee directors of the chapter as well as that of the national liga from created in this Article creating other positions. other than the Board of Directors. "were as much the creations of the local constitution and by-laws chapters and the league" and the further justification proferred that applicable to the the creation of the national positions "was intended to provide national liga and all local uniform officers for the various chapters and the national liga was chapters. Plainly. one of the laws that come to mind is the power. Section Barangay National Assembly of 11 January 1994. even assuming that the committee was the so-called First perforce be heeded. by virtue of the Constitution and By. is inconsistent with the earlier proposition shall formulate uniform that such new positions. rules and regulations. It bears repeating that as they stand. Finally. neither the LGC nor the Implementing Rules authorizes any person (g) Constitution and By-Laws of the Liga — or entity." This constitution and by-laws." If this were so. "applicable laws. as follows: it may deem necessary for the management of the chapter. The latter then appoints liga at the local levels. . The aforementioned Article 211(g). to create additional positions. limits the a secretary and a treasurer and may create such other positions as power of this committee. then they "were as much as shall be governed by its the creations of the local chapters as of the national league. said committee 493 of the LGC and Article 211 (f) of the Implementing Rules limit was not authorized to create." Of course. the officers to the: President. the Rules Implementing the Local Government Code of 1991. from issuance of these Rules. The committee in line with the mandate of the assembly to "formulate uniform shall convene the constitution and by-laws applicable to the national liga and all local national liga to ratify the chapters. it would be a clear case of judicial legislation to declare that affecting the internal since the additional positions were created in the Constitution and organization of the liga By-Laws of the Liga ng Mga Barangay. . which reads: "The board shall appoint its secretary and 41 ." in light of the clause preceding the grant of the regulations. rules and term "appointive. then the chapters are barred from constitution and by-laws creating additional positions other than those created in the within six (6) months Constitution and By-Laws of the Liga ng Mga Barangay. applicable laws. it may likewise be observed that Section 493 merely allows the creation of other appointive positions "as it may deem Note that the constitution and by-laws which the committee may necessary for the management of the chapter. Vice President and the board of Laws it enacted additional positions for the national liga and the directors composed of five (5) members." I lay stress on the enact must not be inconsistent with . (1) All other matters not provided under this Rule Third. It goes without saying that the LGC and its Implementing Rules must Second. runs afoul of Section 493 of the LGC which vests the power to unless inconsistent with create additional positions only in the Board of Director of the the Constitution and chapter.is at all no showing that this committee was the so-called First LGC of 1991 and the rules and regulations could nothing be than Barangay National Assembly which convened on 11 January 1994.

Vitug and Panganiban. the "other positions" which may be created must be of the same category. under Section 493. JJ. In short. Vice-President and Board of Directors. I vote to declare void. Following the rule of ejusdem generis in statutory construction. Further. second and third vice-presidents.. the new positions which may be created are those "deemed necessary for the management of the chapter. concur. auditor. viz. for lack of legislative authority Sections 1 and 2 of Article III of the Implementing Rules and Guidelines for the General Elections of the Liga ng Mga Barangay Officers. and not to policy formulation which may be exercised the executive officers and Board of Directors.treasurer. and Sections 1 and 2 of Article VI of the Constitution and By-Laws of the Liga ng Mga Barangay. Romero. or even a sergeant-at-arms. or information officer.. as that of secretary and treasurer. 42 . public relations officer. first." which may only pertain to the day-to-day business and affairs of the liga chapter. and auditor. APPOINTIVE. the section does not empower the local liga to create elective positions other than that of President. assistant treasurer. These other positions may then be that of an assistant secretary. For the foregoing reasons. insofar as they relate to the creation of the positions of executive vice president.

conflicting claims of authority under the Constitution and to establish for the parties in an actual . it does not in 43 . ABAD. ALBANO. [2] The Constitution is CARPIO. J. 193036 The role of the Constitution cannot be overlooked. FUA. DATUMANONG. 2010 constitutionality of Executive Order No. 1. Present: ORLANDO B. December 7. x -------------------------------------------------------------------------------------. 1 for being violative of the legislative power of Congress under superiority over the other departments. but only asserts the solemn and sacred obligation LOUIS BAROK C.. .. a special civil action for MENDOZA. MENDOZA. No. controversy the rights which that instrument secures and guarantees to them. BUDGET AND MANAGEMENT For consideration before the Court are two consolidated SECRETARY FLORENCIO B. No. and REP. distributed among the several departments. matter what may be the tides of time. EXECUTIVE SECRETARY PAQUITO N. Laurel[1] x-----------------------x REP. sway and accommodate the call of situations and much more tailor DEL CASTILLO. LAGMAN.R. C.: prohibition instituted by petitioner Louis Biraogo (Biraogo) in his capacity as a citizen and taxpayer. SR.. the basic and paramount law to which all other laws must conform VELASCO.R. Constitution that the fundamental powers of government are SIMEON A. and by which these powers are Petitioners. JR. entitled Creating the Philippine Truth Commission of 2010. G. It cannot be simply made to BERSAMIN. BIRAOGO. Biraogo assails Executive Order When the judiciary mediates to allocate constitutional boundaries. JR. --. EDCEL C. and DEPARTMENT OF SERENO.R. JJ. EN BANC reality nullify or invalidate an act of the legislature. dated July 30. ABAD. THE PHILIPPINE TRUTH COMMISSION OF 2010. It is through the REP. itself to the whims and caprices of government and the people who VILLARAMA. REP. CORONA.versus . must defer. and to which all persons. 192935.. NACHURA.[3] Constitutional doctrines must remain steadfast no BRION.[4] PEREZ. No. including the highest officials of the land.Justice Jose P. CARPIO MORALES. RODOLFO B. Respondent. JR. established. PERALTA..versus .x DECISION The first case is G. G.J. limited and defined. and OCHOA. Promulgated: cases[5] both of which essentially assail the validity and Respondents. it does not assert any No. 192935 assigned to it by the Constitution to determine Petitioner. 2010. JR. LEONARDO-DE CASTRO. run it.

must at all times be accountable to the latter. economic. Fua. in a very special way it inflicts untold misfortune and misery on the poor. Article VI of the Constitution [6] as it usurps the 2010 constitutional authority of the legislature to create a public office WHEREAS. Commission). walang WHEREAS. WHEREAS. corruption is among the most despicable Representatives. The genesis of the foregoing cases can be traced to the events WHEREAS. integrity. CREATING THE PHILIPPINE TRUTH COMMISSION OF Section 1. if cases of graft and corruption allegedly committed during the warranted. act Rodolfo B. corruption in the Philippines has reached mahirap. President of large scale graft and corruption in the government and to put a closure to them by the filing of the Aquino found a need for a special body to investigate reported appropriate cases against those involved. there is a need for a separate body EXECUTIVE ORDER NO. (petitioners-legislators) as incumbent members of the House of WHEREAS. walang 30. Sr. the marginalized Benigno Simeon Aquino III declared his staunch condemnation of and underprivileged sector of society. catapulted the good senator trust and confidence in the Government and its institutions. The Filipino people. WHEREAS. corruption is an evil and scourge which seriously affects the political. and 44 . is a special civil action are servants of the people. Section 1 of the 1987 and to appropriate funds therefor. acts of defiance of this principle and notorious violation of this mandate. the President on July campaign for the Presidency in the last elections kung walang corrupt. Simeon A. No. restore the peoples faith and confidence in the previous administration. G. serve them with utmost for certiorari and prohibition filed by petitioners Edcel C. 2010. loyalty and efficiency. 193036. signed Executive Order No. 1 establishing mahirap expresses a solemn pledge that if elected. Government and in their public servants. graft and corruption with his slogan. when then Senator life of a nation. there is an urgent call for the determination of the truth regarding certain reports To transform his campaign slogan into reality. Albano Jr. Pertinent provisions of said executive order read: WHEREAS.R. who The second case. Lagman. the Presidents battlecry during his Thus. Datumanong. convinced of his sincerity and of his very alarming levels. at the dawn of his administration. Kung walang corrupt. and undermined the peoples ability to carry out this noble objective. responsibility. Article XI. and lead modest lives. with patriotism and justice.[7] Constitution of the Philippines solemnly enshrines the principle that a public office is a public trust and mandates that public officers and employees. and to deter others from committing the evil. to the presidency.. and Orlando B. 1 dedicated solely to investigating and finding out the truth concerning the reported cases of graft and corruption during the previous administration. the Philippine Truth Commission of 2010 (Truth he would end corruption and the evil it breeds. and social prior to the historic May 2010 elections.

NOW. that such person who qualifies as a state witness under the Revised SECTION 2. without fear or favor. I. accomplices and accessories from the regular courts. review and evaluate evidence WHEREAS. THEREFORE. receive. The Commission shall be composed of a Chairman f) Recommend. Creation of a Commission. it shall: under pertinent applicable laws. during the previous administration. or controlled corporations. gives this end require any agency. BENIGNO SIMEON AQUINO III. during the co-principals. Chapter 9. private sector. otherwise known as the corruption which it has chosen to investigate. 292. Powers and Functions. investigate reports of graft and corruption of information from the courts. and thereafter recommend the e) Invite or subpoena witnesses and take their appropriate action or measure to be taken thereon to testimonies and for that purpose. Commission finds that there is reasonable ground to Congress and the Ombudsman. obtain this end. Book I of the Administrative Code of 1987. for expeditious conduct a thorough fact-finding investigation of prosecution. is primarily tasked to g) Turn over from time to time. President of the Republic of the Philippines. accomplices and public officers and employees and their private sector accessories from the private sector. to the appropriate prosecutorial reported cases of graft and corruption referred to in authorities. which shall primarily seek and find the truth on. accomplices or accessories. Rules of Court of the Philippines be admitted for that which shall have all the powers of an investigative purpose. The Commission. obtain of the powers vested in me by law. believe that they are liable for graft and corruption In particular. body under Section 37. to produce documents. and toward d) Upon proper request and representation. hereinafter referred to as the COMMISSION. do hereby order: information and documents from the Senate and the House of Representatives records of investigations SECTION 1. all evidence on corruption of higher. their co-principals. prosecutorial agency such as the Department of 45 . by means of a special or interim report Section 1. administer oaths or ensure that the full measure of justice shall be served affirmations as the case may be. if any. a) Identify and determine the reported cases of h) Call upon any government investigative or such graft and corruption which it will investigate. if any. official or employee of the President the continuing authority to reorganize the Executive Branch. or subjects being investigated by the Commission. Chapter 10. and to Revised Administrative Code of the Philippines. records and other papers. There is conducted by committees thereof relating to matters hereby created the PHILIPPINE TRUTH COMMISSION. by virtue c) Upon proper request or representation. books. their co. corruption cases filed with the Sandiganbayan or the principals. b) Collect. Section 31 of related to or regarding the cases of large scale Executive Order No. if any. previous administration and thereafter submit its when in the course of its investigation the finding and recommendations to the President. including the such scale and magnitude that shock and offend the Sandiganbayan and the Office of the Court moral and ethical sensibilities of the people. Administrator.which will recommend the prosecution of the offenders and secure justice for all. including government-owned the Office of the President. involving third level public officers and and recommendation. Book III. as the case may be. information or documents in respect to committed by public officers and employees. in cases where there is a need to and four (4) members who will act as an independent utilize any person as a state witness to ensure that collegial body. the ends of justice be fully served.

j) Promulgate its rules and regulations or rules of SECTION 15. SECTION 7. x x x.Justice or any of the agencies under it. The determined by it as necessary to carry out its Commission shall accomplish its mission on or before mandate. subpoena issued by the Commission or who. for such expeditiously as possible. Publication of Final Report. x x x. If any provision of Persons. AQUINO III private person who does the same may be dealt with in accordance with law. Office. x x x. without lawful excuse. Right to Counsel of Witnesses/Resource SECTION 18. Transfer of Records and Facilities of the Order and to ensure the orderly conduct of its Commission. discharge of its functions and duties. Budget for the Commission. December 31. Effectivity. and perform its duties 46 . procedure it deems necessary to effectively and efficiently carry out the objectives of this Executive SECTION 16. Furniture/Equipment. professionals and other personnel SECTION 14. x x x.) BENIGNO S. Special Provision Concerning Mandate. this 30 th day oath or affirmation. If and when in the judgment of the President there is a k) Exercise such other acts incident to or are need to expand the mandate of the Commission as appropriate and necessary in connection with the defined in Section 1 hereof to include the objectives and purposes of this Order. shall be subject to administrative disciplinary action. Staffing Requirements. Protection of Witnesses/Resource not affect the validity and effectivity of the other Persons. x x x. Engagement of Experts.) PAQUITO N. investigations. JR. Philippines. i) Engage or contract the services of resource persons. Refusal to Obey Subpoena. Separability Clause. a supplemental Executive Order. Conduct of Proceedings. when required. 2012. the same shall SECTION 8. SECTION 11. fails to appear upon take effect immediately. and the and responsibilities as effectively. SECTION 13. The Office Executive Secretary of the President shall provide the necessary funds for the Commission to ensure that it can exercise its powers. SECTION 17. Term of the Commission. SECTION 5. SECTION 9. execute its functions. x x x. give testimony or produce of July 2010. Detail of Employees. By the President: SECTION 10. x x x. x x x. such mandate may be so extended accordingly by way of SECTION 4. appearing before the Commission refuses to take DONE in the City of Manila. assistance and cooperation as it may require in the SECTION 12. OCHOA. x x x. This Executive Order shall who. this Order is declared unconstitutional. Duty to Extend Assistance to the Commission. Any (SGD. investigation of cases and instances of graft and SECTION 3. corruption during the prior administrations. (SGD. efficiently. Take Oath or Give Testimony. and Presidential Anti-Graft Commission. including the presentation of evidence. provisions hereof. proceedings and hearings. documents for inspection. Any government official or personnel SECTION 19. x x x SECTION 6. x x x.

much less order their examples of a retributory or vindicatory body set up to try and arrest. their co-principals. (2) accessories during the previous administration.Nature of the Truth Commission serious violations of human rights or of international humanitarian law in a countrys past. [10] Commissions it constitutes a public office. transitory and non- judicial fact-finding bodies to establish the facts and context of 47 . Needless to state. civil or administrative penalties or sanctions. It is not. of past violence and to prevent future conflict by providing a The PTC is different from the truth commissions in other cathartic experience for victims. the commissions an investigative body under Section 37. accomplices and the following characteristics: (1) they examine only past events. arbitrate. it is essentially an entity within the conclusions and recommendations. and thereafter to they investigate patterns of abuse committed over a period of time.[9] They are usually established by states As can be gleaned from the above-quoted provisions. resolve. the principal function of which was to heal the wounds criminal. [8] members are usually empowered to conduct research. as an ad hoc body is one. Though it has been described as an that finish their work with the submission of a report containing independent collegial body. submit its finding and recommendations to the President. and propose policy recommendations to prevent To accomplish its task. All it can do is gather. it cannot impose South Africa. or formally Administrative Code of 1987. authorized or empowered by the State. Chapter 9. The Nuremburg and Tokyo war crime tribunals are no power to cite people in contempt. their main goals range from retribution to make recommendations. Although it is a fact-finding body. settle. (3) they are temporary bodies and the Ombudsman. under the Office of the President with the primary task to investigate reports of graft and corruption committed by third-level Truth commissions have been described as bodies that share public officers and employees. and (4) they are officially Office of the President Proper and subject to his control. a quasi-judicial acknowledge them. collect and assess evidence of graft and corruption and Thus. the PTC shall have all the powers of recurrence of crimes. it cannot determine from punish those responsible for crimes against humanity. countries which have been created as official.[11] awards in disputes between contending parties. support victims. Doubtless. civil strife or Philippine Truth Commission (PTC) is a mere ad hoc body formed authoritarianism to serve as mechanisms for transitional justice. A form of a such facts if probable cause exists as to warrant the filing of an reconciliatory tribunal is the Truth and Reconciliation Commission of information in our courts of law. Book I of the may aim to discover and learn more about past abuses. or render prosecutions and recommend institutional reforms. the emerging from periods of internal unrest. Congress as opposed to a particular event. however. It may have subpoena powers but it has reconciliation. They may aim to prepare the way for body as it cannot adjudicate. sanctioned. Through their investigations.

occurring over and over again. No. As one writer[12] puts it: and the Department of Justice created under the Administrative Code of 1987. create a public office and appropriate funds for its operation.O. the Truth Commission with quasi-judicial powers duplicating. through entirely new public office which was hitherto inexistent like the Truth Commission. Chapter 10. which customary practice forms part of the generally Barely a month after the issuance of Executive Order No. 1 violates the separation of if corruption is eliminated without even addressing powers as it arrogates the power of the Congress to the other major causes of poverty.O. those of the Office of while the marching order of the PTC is the identification and the Ombudsman created under the 1987 Constitution punishment of perpetrators. The petitioners-legislators summarized them exercise in futility. arguments of the petitioners in both cases shows that they are (f) The creation of the Truth Commission is an essentially the same. if not superseding. 1 illegally amended the The PTC is a far cry from South Africas model. because neither laches nor estoppel can bar an Section 31 of the Administrative Code of 1987 cannot eventual question on the constitutionality and legitimize E. if they mean that they would like us to prosecution officials and personnel of the previous simply forget about the wrongs that they have administration as if corruption is their peculiar committed in the past. who may be crimes to go unpunished.[13] of the President to structurally reorganize the Office of the President to achieve economy. we have this to say: There can species even as it excludes those of the other be no reconciliation without justice. essentially questioned the 48 . an adventure in partisan hostility. No.O. past and present. When we allow administrations. a launching pad for trial/conviction by publicity and a in the following manner: mere populist propaganda to mistakenly impress the people that widespread poverty will altogether vanish (a) E. (e) The creation of the Philippine Truth Commission of 2010 violates the consistent and general international practice of four decades The Thrusts of the Petitions wherein States constitute truth commissions to exclusively investigate human rights violations. accepted principles of international law which the the petitioners asked the Court to declare it unconstitutional and to Philippines is mandated to adhere to pursuant to the Declaration of Principles enshrined in the enjoin the PTC from performing its functions. No. 1 violates the equal protection in his inaugural speech: To those who talk about clause as it selectively targets for investigation and reconciliation. the Office of the Solicitor General (OSG). A perusal of the Constitution. 1 because the delegated authority validity of an executive issuance or even a statute. we give consent to their indictable.[14] the respondents. No. It translated the Draconian code spelled out by Aquino (d) E. simplicity and efficiency does not include the power to create an In their Consolidated Comment. (g) The mere fact that previous commissions were not constitutionally challenged is of no moment (b) The provision of Book III.O. The latter Constitution and pertinent statutes when it vested placed more emphasis on reconciliation than on judicial retribution. The order ruled out reconciliation. (c) E. 1.

292).D.O. No. Whether or not Executive Congress to appropriate funds because there is no Order No.because it is a fact-finding body and not a quasi-judicial body and its functions do not supplants the powers of the Ombudsman and the duplicate. bodies to justify the creation of the PTC such as Presidential Complaint and Action Commission (PCAC) by President Ramon B.D. Marcos.O. petitioners have the legal standing to file their Revised Administrative Code of 1987 (E. 4. Presidential Committee on Administrative Performance Efficiency (PCAPE)by President Carlos P.A. Essential requisites for judicial review Magsaysay. 1 does not usurp the power of 2. the Constitution. 1 violates the equal protection clause. and memoranda. 1416[16] (as respective petitions and question Executive Order amended by P. agencies 3] The Truth Commission does not duplicate or supersede the functions of the Office of the and commissions. R. Whether or not petitioners are entitled to of other executive orders and presidential issuances creating similar injunctive relief. Garcia and Presidential Before proceeding to resolve the issue of the constitutionality of Executive Order No.) No. 9970. [15] Presidential Decree (P. the Court needs to ascertain whether the 49 . in any event. and The OSG then points to the continued existence and validity 5. powers by usurping the powers of Congress to create and to appropriate funds for public offices. 1772). supplant or erode the latters jurisdiction. settled jurisprudence that authorize the President to create or form such bodies. No. No. 1. transcripts. Whether or not Executive Order No. [17] and No. Whether or not Executive Order No. 1. 4] The Truth Commission does not violate the equal protection clause because it was validly created for laudable purposes.O. Whether or not the executed and that. 2] E. 1 violates the principle of separation of appropriation but a mere allocation of funds already appropriated by Congress. No. 1 Justice (DOJ).legal standing of petitioners and defended the assailed executive Agency on Reform and Government Operations (PARGO) by order with the following arguments: President Ferdinand E. pleadings. Ombudsman (Ombudsman) and the Department of 3. [18] 1] E. No. DOJ. 1 does not arrogate the powers of From the petitions. Congress to create a public office because the the following are the principal issues to be resolved: Presidents executive power and power of control necessarily include the inherent power to conduct investigations to ensure that laws are faithfully 1.

Thus. 50 . or will sustain. [20] budget for its operations. legislators have a legal standing to see to it that the The OSG attacks the legal personality of the petitioners. standing of the petitioners-legislators to assail Executive Order No. otherwise before the Court.requisites for a valid exercise of its power of judicial review are The Court disagrees with the OSG in questioning the legal present. which can be questioned by a member of Congress. for Congress as an institution and present the complaints on the (2) the person challenging the act must have the standing to usurpation of their power and rights as members of the legislature question the validity of the subject act or issuance. 1. constitutionality must be the very lis mota of the case. the power of power of the Congress as a body to which they belong as judicial review is subject to limitations. Not claiming to be the subject of the With regard to Biraogo. prerogative. as a taxpayer. commissions investigations. Evidently. stated. they are allowed to question the personal stake in the outcome of the case. direct injury as a result To the extent the powers of Congress are of its enforcement. so is the power of each member thereof. (3) the question of constitutionality must be impaired. to their mind. As held in Philippine Constitution Association v. Thus.[19] An act of the Executive which injures the institution of Congress causes a derivative but Among all these limitations. infringes on their petitioners have not shown that they have sustained or are in prerogatives as legislators. powers and privileges vested by the Constitution in legislators to file their petition for failure to demonstrate their their office remain inviolate. he must have a personal and substantial interest in the case Enriquez. only the legal standing of the nonetheless substantial injury. This certainly justifies their resolve to take the cudgels actual case or controversy calling for the exercise of judicial power. petitioners will not sustain injury in its he has no standing to question the creation of the PTC and the creation or as a result of its proceedings. the OSG argues that. and (4) the issue of since his office confers a right to participate in the exercise of the powers of that institution. Legal Standing of the Petitioners Indeed. In such a case.[22] danger of sustaining any personal injury attributable to the creation of the PTC. raised at the earliest opportunity.[23] It emphasizes that the funds to be used for the creation and operation of the commission are to be taken from those funds already appropriated by Congress. any member of Congress can have a resort to the courts. to wit: (1) there must be an members. their petition primarily invokes usurpation of the Like almost all powers conferred by the Constitution. petitioners has been put at issue.[21] such that he has sustained. It argues that the validity of any official action which.

if not the duty. or is in danger of sustaining. the United State Supreme Court laid prosecuted or defended in the name of the real down the more stringent direct injury test in Ex party in interest. In other result. In the former. later reaffirmed in Tileston v. interest is the party who stands to be benefited or Ullman. standing is governed by the from seeking judicial interference in any official policy real-parties-in interest rule as contained in Section 2. The distinction was first laid down in Beauchamp v. Collins: In matter of mere public right. standi arises in public suits. as the activities of governmental agencies engaged in amended. he has to make out a sufficient interest in the cases. the the validity of an executive or legislative action. he is but the mere instrument of the public concern. Here. Locus standi is defined as a right of appearance in a court of justice on a given However. or act with which he disagreed with. With respect to taxpayers suits. As that he sustained. the plaintiff is affected by As correctly pointed out by the OSG. Pascual v. where it was held that the plaintiff in a taxpayers suit is in a different category from the plaintiff in a citizens suit. or in the category of a citizen. De relief as a citizen or taxpayer. he plaintiffs standing is based on his own right to the must show that he has sustained a direct injury relief sought. la Fuente. such as. and it is not sufficient that he has a general interest common to all The difficulty of determining locus members of the public. the real-party-in Parte Levitt. any personal and held by the New York Supreme Court in People ex rel direct injury attributable to the implementation of Executive Order Case v. In People v. Jordan held that the right of a citizen and a taxpayer to maintain an action in courts to restrain the seated rules on locus standi. Constitution. In either case. Silk. The same Court ruled that for a private injured by the judgment in the suit or the party individual to invoke the judicial power to determine entitled to the avails of the suit.the allocation and disbursement of funds for the commission will Case law in most jurisdictions now allows both not entail congressional action but will simply be an exercise of the citizen and taxpayer standing in public actions.Succinctly put. or will taxpayer. Presidents power over contingent funds. President of the vindication of the public order and the securing of Senate. In private suits. He may be a person who is affected the person who impugns the validity of a statute no differently from any other person. Arroyo[24] explained the deep. he has to adequately show sustain direct injury as a that he is entitled to seek judicial protection. He could be must have a personal and substantial interest in suing as a stranger. or the case such that he has sustained. and thus hinders Rule 3 of the 1997 Rules of Civil Procedure. Secretary of Public 51 . Thus: unlawful use of public funds to his injury cannot be denied. Biraogo has not shown the expenditure of public funds. while in the latter. does so as a representative of the test in our jurisdiction. howeverthe people are the real partiesIt is at least No. of every citizen to interfere may justify his clamor for the Court to exercise judicial power and and see that a public offence be properly pursued and punished. Accordingly. 1. and that a public grievance be to wield the axe over presidential issuances in defense of the remedied. Nowhere in his petition is an assertion of a clear right that the right. Manila Race Horse Trainers Association v. Vera. the plaintiff who asserts a public right in assailing an allegedly illegal This Court adopted the direct injury official action. as a result of that action. It provides that every action must be public service. The Vera doctrine was upheld in a litany of words. to prevent just about any person question. The case of David v. it held that general public. Terr v. Custodio v.

[27] ordinary According to petitioner.[25] Power of the President to Create the Truth Commission Thus. Inc. however. The Court. No. of overreaching significance to society.[31]Thus. can be relaxed for of the public. they should be resolved for the guidance of all. and perform its constitutional duty to settle legal controversies with legislators when the public interest so requires. In the first Emergency Powers Cases. the standing body of the Office of the President. such power cannot be presumed [32] since citizens and taxpayers were allowed to question the there is no provision in the Constitution or any specific law that constitutionality of several executive orders although they had only authorizes the President to create a truth commission. finds reason in Biraogos transfer. granting the President the continuing authority to reorganize his office.[34] Insofar as it vests in assertion that the petition covers matters of transcendental the President the plenary power to reorganize the Office of the importance to justify the exercise of jurisdiction by the Court. Biraogo asserts that [26] the Court held that in cases of paramount importance where the Truth Commission is a public office and not merely an adjunct serious constitutional questions are involved. existent in this case. a statute or an authorization vested in him by law. in Coconut Oil Refiners Association. taxpayers. matter is of transcendental importance. In his memorandum in G. [Emphases included.[35] importance not only to the public but also to the Bench and the Bar. consolidate. v. [30] Undoubtedly. merge. but because the Court stands firm in its oath to nontraditional plaintiffs like ordinary citizens. Torres. novelty and weight as the Constitution and must be deemed repealed upon the effectivity precedents. ERC and Meralco[29] are non- the aforesaid provision merely uses verbs such as reorganize. [33] He adds an indirect and general interest shared in common with the public. the Court leans on the doctrine that the overwhelming political undertones that clothe the issue in the eyes rule on standing is a matter of procedure. hence. that Section 31 of the Administrative Code of 1987.R. or of paramount public interest. 52 . and abolish. Where the issues are of transcendental and paramount thereof. The Court takes cognizance of the petition not due to Notwithstanding. cannot The OSG claims that the determinants of transcendental serve as basis for the creation of a truth commission considering importance[28] laid down in CREBA v. 192935. such as when the overreaching significance to society. There President to the extent of creating a public office. Section 31 is are constitutional issues in the petition which deserve the attention inconsistent with the principle of separation of powers enshrined in of this Court in view of their seriousness. Felix. in order that the requirements may be relaxed and a suit may be allowed to prosper President may create a public office he must be empowered by the even where there is no direct injury to the party claiming the right Constitution. Works and Anti-Chinese League of the Philippines v. of judicial review. Citations omitted] the Filipino people are more than interested to know the status of the Presidents first effort to bring about a promised change to the country.

economy and efficiency. transfer of functions and transfer of agencies. but restructuring of the internal organs of the Office of the President extends further in the exercise of his other powers. is but an adjunct of the plenary powers wielded by the President under Section 1 and his power of control under Section The question. Ermita. such as his Proper. the Executive. 1. [40] The power of commission. the authority to create fact-finding committees to assist it in the President may create the PTC in order to. just Thus. therefore. Pointing to numerous offices created delegation of the legislative power to reorganize executive offices by past presidents.[37]According to the OSG. possesses the inherent necessarily includes the power to create offices.[43] issuing Executive Order No. 3) is limited to the power of control over his subordinates in the executive branch. 2) is limited to the reorganization of the administrative the President to investigate is not limited to the exercise of his structure of the Office of the President. For the OSG. it argues that the authority of the President to under existing statutes. No. before the Court is this: Does the 17. the President overstepped the limits of this delegated authority. Similarly. among others. They ensure that all laws are enforced by public officials and employees maintain that the delegated authority of the President to reorganize of his department and in the exercise of his authority to assume under Section 31 of the Revised Administrative Code: 1) does not directly the functions of the executive department. bureau and permit the President to create a public office. as the OSG government. [44] where it was held that the President has the power to reorganize The OSG counters that there is nothing exclusively the offices and agencies in the executive department in line with legislative about the creation by the President of a fact-finding body his constitutionally granted power of control and by virtue of a valid such as a truth commission. The OSG also cites the recent case of Banda v. much less a truth office. [36] Such continuing adjudication and licensing purposes [42] and in order to be informed authority of the President to reorganize his office is limited. the OSG concludes that the power of control like the other two branches of government. achieve simplicity.R. both of Article VII of the Constitution. [38] This power. and 4) only to power to discipline subordinates. create public offices within the Office of the President Proper has long been recognized. or interfere with the discretion of his officials. 193036. in G. petitioners-legislators argue It contends that the President is necessarily vested with the that the creation of a public office lies within the province of power to conduct fact-finding investigations. and by on matters which he is entitled to know. put a performance of its constitutionally mandated functions and in the closure to the reported large scale graft and corruption in the exercise of its administrative functions.[45] explains it.[39] creation of the PTC fall within the ambit of the power to reorganize as expressed in Section 31 of the Revised Administrative Code? 53 .[41] his power for rule making. pursuant to his duty to Congress and not with the executive branch of government.

to the policy in the Executive Office and in order to
Section 31 contemplates reorganization as limited by the following achieve simplicity, economy and efficiency, shall
functional and structural lines: (1) restructuring the internal have the continuing authority to reorganize the
administrative structure of the Office of the
organization of the Office of the President Proper by abolishing, President." For this purpose, he may transfer the
consolidating or merging units thereof or transferring functions functions of other Departments or Agencies to the
Office of the President. In Canonizado v. Aguirre [323
from one unit to another; (2) transferring any function under the SCRA 312 (2000)], we ruled that reorganization
"involves the reduction of personnel, consolidation of
Office of the President to any other Department/Agency or vice
offices, or abolition thereof by reason of economy or
versa; or (3) transferring any agency under the Office of the redundancy of functions." It takes place when
there is an alteration of the existing structure
President to any other Department/Agency or vice versa.Clearly, of government offices or units therein,
the provision refers to reduction of personnel, consolidation of including the lines of control, authority and
responsibility between them. The EIIB is a bureau
offices, or abolition thereof by reason of economy or redundancy of attached to the Department of Finance. It falls under
functions. These point to situations where a body or an office is the Office of the President. Hence, it is subject to the
Presidents continuing authority to reorganize.
already existent but a modification or alteration thereof has to be [Emphasis Supplied]
effected. The creation of an office is nowhere mentioned, much less
envisioned in said provision. Accordingly, the answer to the
In the same vein, the creation of the PTC is not justified by
question is in the negative.
the Presidents power of control. Control is essentially the power to
alter or modify or nullify or set aside what a subordinate officer had
To say that the PTC is borne out of a restructuring of the
done in the performance of his duties and to substitute the
Office of the President under Section 31 is a misplaced supposition,
judgment of the former with that of the latter. [47] Clearly, the power
even in the plainest meaning attributable to the term restructure an
of control is entirely different from the power to create public
alteration of an existing structure. Evidently, the PTC was not part
offices. The former is inherent in the Executive, while the latter
of the structure of the Office of the President prior to the enactment
finds basis from either a valid delegation from Congress, or his
of Executive Order No. 1. As held in Buklod ng Kawaning EIIB v.
inherent duty to faithfully execute the laws.
Hon. Executive Secretary,[46]

But of course, the list of legal basis The question is this, is there a valid delegation of power
authorizing the President to reorganize any from Congress, empowering the President to create a public office?
department or agency in the executive branch does
not have to end here. We must not lose sight of the
very source of the power that which constitutes an According to the OSG, the power to create a truth
express grant of power. Under Section 31, Book III of
Executive Order No. 292 (otherwise known as the commission pursuant to the above provision finds statutory basis
Administrative Code of 1987), "the President, subject
54

under P.D. 1416, as amended by P.D. No. 1772. [48] The said law Article XVIII of the 1987 Constitution. In fact, even the Solicitor
granted the President the continuing authority to reorganize the General agrees with this view. Thus:
national government, including the power to group, consolidate
bureaus and agencies, to abolish offices, to transfer functions, to ASSOCIATE JUSTICE CARPIO: Because P.D. 1416 was
create and classify functions, services and activities, transfer enacted was
the last
appropriations, and to standardize salaries and materials. This whereas clause
decree, in relation to Section 20, Title I, Book III of E.O. 292 has of P.D. 1416
says it was
been invoked in several cases such as Larin v. Executive Secretary. enacted to
[49] prepare the
transition from
presidential to
parliamentary.
The Court, however, declines to recognize P.D. No. 1416 as a Now, in a
justification for the President to create a public office. Said decree is parliamentary
form of
already stale, anachronistic and inoperable. P.D. No. 1416 was a government,
delegation to then President Marcos of the authority to reorganize the legislative
and executive
the administrative structure of the national government including powers are
fused, correct?
the power to create offices and transfer appropriations pursuant to
one of the purposes of the decree, embodied in its last Whereas SOLICITOR GENERAL CADIZ: Yes, Your Honor.
clause: ASSOCIATE JUSTICE CARPIO: That is why, that P.D.
1416 was
WHEREAS, the transition towards issued. Now
would you
the parliamentary form of government will
agree with me
necessitate flexibility in the organization of the that P.D. 1416
national government. should not be
considered
effective
anymore upon
the
Clearly, as it was only for the purpose of providing
promulgation,
manageability and resiliency during the interim, P.D. No. 1416, as adoption,
ratification of
amended by P.D. No. 1772, became functus oficioupon the the 1987
convening of the First Congress, as expressly provided in Section 6, Constitution.

55

SOLICITOR GENERAL CADIZ: Not the whole of P.D.
[No.] 1416, Your Executive. That the authority of the President to conduct
Honor. investigations and to create bodies to execute this power is not

ASSOCIATE JUSTICE CARPIO: The power of the explicitly mentioned in the Constitution or in statutes does not
President to mean that he is bereft of such authority. [51] As explained in the
reorganize the
entire National landmark case of Marcos v. Manglapus:[52]
Government is
deemed x x x. The 1987 Constitution, however,
repealed, at brought back the presidential system of government
least, upon the and restored the separation of legislative, executive
adoption of the and judicial powers by their actual distribution
1987 among three distinct branches of government with
Constitution, provision for checks and balances.
correct.
It would not be accurate, however, to state
SOLICITOR GENERAL CADIZ: Yes, Your Honor.[50] that "executive power" is the power to enforce the
laws, for the President is head of state as well as
head of government and whatever powers inhere in
such positions pertain to the office unless the
Constitution itself withholds it. Furthermore, the
While the power to create a truth commission cannot pass muster Constitution itself provides that the execution of the
on the basis of P.D. No. 1416 as amended by P.D. No. 1772, the laws is only one of the powers of the President. It also
grants the President other powers that do not involve
creation of the PTC finds justification under Section 17, Article VII of the execution of any provision of law, e.g., his power
over the country's foreign relations.
the Constitution, imposing upon the President the duty to ensure
that the laws are faithfully executed. Section 17 reads:
On these premises, we hold the view that
although the 1987 Constitution imposes limitations
Section 17. The President shall have control of on the exercise of specific powers of the President, it
all the executive departments, bureaus, and maintains intact what is traditionally considered as
offices. He shall ensure that the laws be within the scope of "executive power." Corollarily, the
faithfully executed. (Emphasis supplied). powers of the President cannot be said to be limited
only to the specific powers enumerated in the
Constitution. In other words, executive power is more
As correctly pointed out by the respondents, the allocation than the sum of specific powers so enumerated.
of power in the three principal branches of government is a grant of
It has been advanced that whatever power
all powers inherent in them. The Presidents power to conduct inherent in the government that is neither legislative
nor judicial has to be executive. x x x.
investigations to aid him in ensuring the faithful execution of laws
in this case, fundamental laws on public accountability and
transparency is inherent in the Presidents powers as the Chief

56

the Executive is given much leeway in ensuring that our bodies created in the past like the PCAC. It flows from the faithful- hoc investigating bodies to exist is to allow an inquiry into matters execution clause of the Constitution under Article VII. As stated above. it was ruled: there is no need to specify the amount to be earmarked for the The Chief Executives power to create the Ad hoc Investigating Committee cannot be operation of the commission because. PCAPE. the powers of the Feliciano Commission. [Emphasis supplied] The Presidents power to conduct investigations to ensure that laws It should be stressed that the purpose of allowing ad are faithfully executed is well recognized. Further. With AO 298 as mandate. need to ascertain facts and determine if laws have been faithfully On the charge that Executive Order No. in the words of the Solicitor doubted. [53] One of the recognized powers of the President the Court is not inclined to declare such executive power as non- granted pursuant to this constitutionally-mandated duty is the existent just because the direction of the political winds have power to create ad hoc committees. there is no impropriety in the funding. Such validity is not affected by the fact regulations. 298. 1 transgresses the executed. this was also the objective of the investigative to directly assume the functions of the executive department.Indeed.[57] 57 . PARGO. This flows from the obvious changed. in Department of Health v. And if history is the officials and employees of his department. since the amount that would be allocated faithfully comply with the law.[56] As the Chief Executive. the President has the obligation the President will be the very source of the funds for the to ensure that all executive officials and employees commission. There being no changes in the government structure. Accordingly. the legality of the investigation is to the PTC shall be subject to existing auditing rules and sustained. suffice it to say that there will be no appropriation but only creating an investigative committee to look into the administrative an allotment or allocations of existing funds already charges filed against the employees of the Department of Health appropriated. Having been constitutionally granted full General. He has the authority to be revisited. Camposano. the Melo Commission and the Zenarosa President are not limited to those specific powers under the Commission. or that the former used the offices and facilities of the latter in conducting the Power of the Truth Commission to Investigate inquiry. that the investigating team and the PCAGC had the same composition. Constitution. In said case. there is no usurpation on the part of the for the anomalous purchase of medicines was upheld. the president represents the advised and guided in the performance of his duties relative to the government as a whole and sees to it that all laws are enforced by execution and enforcement of the laws of the land. Executive of the power of Congress to appropriate funds. Section 17 which the President is entitled to know so that he can be properly thereof. the laws are faithfully executed.[55] Moreover. whatever funds the Congress has provided for the Office of control of the Executive Department.[54] the power of Congress to appropriate funds for the operation of a public authority of the President to issue Administrative Order No. to which respondents belong. Thus. office.

" commonly understood. Commission on Human Rights. "adjudicate" means: "To settle in the exercise of judicial authority. study. means to examine."[Italics included. settle or decree." The purpose of investigation. of course. search into. The dictionary definition of Fact-finding is not adjudication and it cannot be likened to "investigate" is "to observe or study closely: inquire the judicial function of a court of justice. research on. resolve. In the legal sense. for the discovery and collection of facts concerning a certain matter or adjudicate rights of persons who come before it. To trace or track. x x.[59] Thus: Citations Omitted] "Investigate. finally and definitively. Implies a judicial determination of a fact." administrative agencies. settle. function. inquire or delve or probe into. obtain information." commonly or popularly questions of fact to which the legislative policy is to apply and to understood. to decide. such that it is exclusively vested in the judiciary and must means "to decide or rule upon as a judge or with judicial or quasi-judicial powers: x x to award or grant be clearly authorized by the legislature in the case of judicially in a case of controversy x x." "to inquire. to find out. Synonymous with adjudge in its The distinction between the power to investigate and the strictest sense.[58] In simpler terms. Nowhere included or intimated is the notion of function. 257." And "adjudge" power. rights and duties of the parties to a court case) on judicial discretion is involved in the exercise of these quasi-judicial the merits of issues raised: x x to pass judgment on: settle judicially: x x act as judge. The function of receiving evidence and inquiry. Invoking this authority." and "adjudge" means: "To pass on judicially." that Quasi-judicial powers involve the power to hear and determine "Adjudicate. the President constituted the PTC to examination. to 58 . x x an judicial powers have been vested in the said body as it cannot inquiry. rule on. the exercise of which ordinarily does not require a hearing. to learn. the taking of evidence. decide in accordance with the standards laid down by law itself in decide. means to adjudge. or even a quasi-judicial into systematically: "to search or inquire into: x x to subject to an official probe x x: to conduct an official agency or office. subject to appeals patient inquiry or observation. To determine finally. explore. arbitrate. accompanied by the authority of applying the law to the factual The legal meaning of "investigate" is conclusions to the end that the controversy may be decided or essentially the same: "(t)o follow up step by step by resolved authoritatively." "investigation" primarily investigate reports of graft and corruption and to being in turn described as "(a)n administrative recommend the appropriate action. judicial or otherwise. or to sentence power to adjudicate was delineated by the Court in Cario v. To be considered as such. 2 Am J2d Adm L Sec. As previously stated. The dictionary defines the term as "to settle finally (the enforcing and administering the same law. is to ascertaining therefrom the facts of a controversy is not a judicial discover. or condemn. deciding or resolving a controversy involved in the facts inquired into by application of the law to and arriving at factual conclusions in a controversy must be the facts established by the inquiry. a legal inquiry. to find out by careful inquisition. judge. It has been said matters. determine. to make an investigation. no quasi. the act of receiving evidence settling. to examine and inquire into with care and accuracy. and the entry of a judgment.

Also. Book IV in the Revised power to conduct preliminary investigation on Administrative Code is by no means exclusive and. If at all. improper or inefficient. As pointed out by the Solicitor General. under Section 2(g). No. the PTC commits no act of usurpation of the Ombudsmans This power of investigation granted to the Ombudsman by the 1987 Constitution and The primordial duties. guide the President in the performance of his duties relative to the [65] it was written: execution and enforcement of the laws of the land. Justice. it may take over. any act or omission of any task of the commission to conduct a fact-finding investigation. No. The phrase. The function of determining probable cause for the filing of the appropriate complaints before the courts remains to be The act of investigation by the Ombudsman as enunciated with the DOJ and the Ombudsman. [64] above contemplates the conduct of a preliminary investigation or the determination of the existence of probable cause. [63] is jurisdiction over cases cognizable by the certainly not a function given to the commission. when Sandiganbayan and. Thus. 6770. Chapter 1. Ombudsman Act is not exclusive but is shared with other similarly authorized government The same holds true with respect to the DOJ. the PTC will not supplant the Ombudsman or the DOJ or erode their respective powers. [60] Even respondents Code in 1991.[61] local elective officials. This is At any rate. from in the course of its investigation. [Emphases supplied] petitioners. It has primary adjudication on the merits of the charges against them. the Ombudsman retains concurrent themselves admit that the commission is bereft of any quasi.A. categorically out of the PTCs sphere of functions. the Ombudsmans power to investigate under R. jurisdiction with the Office of the President and the local Sanggunians to investigate complaints against judicial power. Contrary to petitioners apprehension. Its authority under agencies such as the PCGG and judges of municipal trial courts and municipal circuit trial courts. the R. at any stage. Despite the passage of the Local Government or modes of review as may be provided by law. thus. can be charges against public employees and officials is likewise concurrently shared with the Department of 59 . the fact and gives credence to a contrary interpretation from that of the investigation of such cases. Title III. Its power to 6770 is not exclusive but is shared with other similarly authorized investigate is limited to obtaining facts so that it can advise and government agencies. Executive Order No. office or agency.A. The Section 3 (2). [Emphasis supplied]. In this regard. 1 cannot contravene the power of the the investigative function of the commission will complement those Ombudsman to investigate criminal cases under Section 15 (1) of of the two offices. Galicia. public officer or employee. in the exercise of its primary jurisdiction. highlights this any investigatory agency of government. much less such act or omission appears to be illegal. unjust. when [62] The actual prosecution of suspected offenders. which states: recommendation to prosecute is but a consequence of the overall (1) Investigate and prosecute on its own or on complaint by any person. in the case of Ombudsman v.

the Feliciano Commission previous to that of former President Arroyo. 1 The petitioners assail Executive Order No. nor shall any person be denied the equal Position of respondents protection of the laws. there is no substantial distinction between the group of officials targeted for Although the purpose of the Truth Commission falls within investigation by Executive Order No. or property without due process of law. According to respondents. the petitioners advocate that the commission should Constitution. the Ombudsman and the The petitioners argue that the search for truth behind the DOJ have a wider degree of latitude to decide whether or not to reported cases of graft and corruption must encompass acts reject the recommendation. These offices. 1 to end corruption. Much like its reports of graft and corruption in virtually all administrations predecessors. been committed against the Filipino people. 1 in view of selective classification is not germane to the purpose of Executive its apparent transgression of the equal protection clause enshrined Order No. 1 can it be inferred that the to be accorded with validity. the Court finds difficulty in who abused their public office for personal gain. intent of singling out the previous administration as its sole object makes the PTC an adventure in partisan hostility. liberty. nowhere in Executive Order No. Article III (Bill of Rights) of the 1987 permission. They contend that it does investigation. the PTC will not confine 60 . while Executive Order No. [70] Section 1. therefore. And being so.[69] In order to attain constitutional in Section 1. be recommendatory in nature.shared with a body likewise tasked to investigate the commission of not apply equally to all members of the same class such that the crimes. and second. the upholding the constitutionality of Executive Order No. [66] Thus. 1 and other groups or persons the investigative power of the President.[67] and the Zenarosa Commission. No person shall be deprived of life. the commission must also cover findings of the PTC are to be accorded conclusiveness. in order Finally. the Davide Commission. its findings would. at best. following Section 17 thereof. are not committed not only during the administration of former President deprived of their mandated duties but will instead be aided by the Arroyo but also during prior administrations where the same reports of the PTC for possible indictments for violations of graft magnitude of controversies and anomalies[68] were reported to have laws. Section 1 reads: deal with graft and grafters prior and subsequent to the Arroyo administration with the strong arm of the law with equal force. 1 because it is identifies the previous administration as the initial subject of the violative of this constitutional safeguard. They assail the classification formulated by the respondents as it does not fall Violation of the Equal Protection Clause under the recognized exceptions because first.

O. It Second. restore the peoples Article III of the 1987 Constitution. The classification of the previous particular act assailed partakes of an unwarranted partiality or administration as a separate class for investigation lies in the reality that the evidence of possible prejudice. The segregation of the preceding administration as the object of fact-finding is has been embodied in a separate clause.[74] recovery of public monies illegally dissipated. 53. and to deter others from committing the evil. But if the Third. to provide for a warranted by the reality that unlike with more specific guaranty against any form of undue favoritism or administrations long gone. are more According to a long line of decisions. and the Saguisag Commission created by substantial distinctions and is germane to the evils which the former President Joseph Estrada under Administrative Executive Order seeks to correct. if warranted.[71] Assuming arguendo that the commission transactions of their predecessors to investigations to provide closure to issues that are pivotal to national would confine its proceedings to officials of the previous life or even as a routine measure of due diligence administration. challenged on the basis of the due process clause. There Concept of the Equal Protection Clause is. First. Many administrations subject the said administration. former President Fidel V. an urgent call for the determination of the truth regarding certain reports of large scale graft and corruption in the government and to put a One of the basic principles on which this government was founded closure to them by the filing of the appropriate cases is that of the equality of right which is embodied in Section 1. equal protection simply easily established in the regime that immediately precede the current administration. created by the late President Corazon C. against those involved. 1 to transactions of public officers during the previous administration as pursue the recovery of ill-gotten wealth of her possible subjects of investigation is a valid classification based on predecessor former President Ferdinand Marcos and his cronies. the petitioners argue that no offense is committed and good housekeeping by a nascent administration like the Presidential Commission on Good against the equal protection clause for the segregation of the Government (PCGG). 1 was issued in view Ramos.[73] [Emphases supplied] of widespread reports of large scale graft and corruption in the previous administration which have eroded public confidence in public institutions. The equal protection of the laws faith and confidence in the Government and in their public servants. Aquino under Executive Order No.[72] To distinguish the Arroyo Order No. to form an ad-hoc and independent citizens committee to investigate all the facts and administration from past administrations. the evidence that could lead to protection clause. requires that all persons or things similarly situated should be 61 . No. is embraced in the concept of due process.itself to cases of large scale graft and corruption solely during the Fourth. the current administration will most likely bear the immediate consequence of hostility from the government. however. the policy lessons to be learned to ensure that anti- corruption laws are faithfully executed. therefore. Arbitrariness in general may be the policies of the previous administration. the sharper weapon to cut it down is the equal criminal activity. it recited the following: circumstances surrounding Philippine Centennial projects of his predecessor. E. as every unfair discrimination offends the requirements of justice and fair play.

The mere fact that an actions. and prohibition against inequality. the concept of equal justice under the law both as to rights conferred and obligations imposed. as the departments of the government including the political and long as that class is substantially distinguishable from all others. [84] equal protection of the laws. [75] It requires public bodies and institutions to treat [81] Superficial differences do not make for a valid classification. [77] In other words. As elucidated classification. however. as invalid if all the members of the class are not similarly treated. however. and extend to all actions of a state denying does not justify the non-application of the law to him. Substantial similarity will suffice. it must include or embrace all persons who whether occasioned by the express terms of a statue or by its naturally belong to the class. (3) It is not limited to existing conditions laws upon all citizens of the state. in order to avoid the constitutional only. [82] similarly situated individuals in a similar manner. Such classification.[86] The guaranty of equal protection of the laws is classification rests on substantial distinctions.[78] same characteristics in equal degree. Indeed. [79] Its inhibitions cover all individual belonging to a class differs from the other members. and it may not draw necessary that the classification be made with absolute symmetry. [76] The purpose of the equal protection clause is to secure every person within a For a classification to meet the requirements of states jurisdiction against intentional and arbitrary discrimination. both as to rights conferred and responsibilities (4) It applies equally to all members of the same class. woman and child should be affected alike by a 62 . all those covered by the The equal protection clause is aimed at all official state classification are to be treated equally. or so constituted as to preclude addition to the It. It is not requires the state to govern impartially. It must be of such a nature as to laws to all persons or things without distinction. not just those of the legislature. a requirement. Elizalde Rope Workers' Union [85] and reiterated in a the test of reasonableness. therefore.[83] The classification will be regarded improper execution through the states duly constituted authorities. The test has four requisites: (1) The long line of cases. (2) It is germane to not a guaranty of equality in the application of the the purpose of the law. to be valid must pass in Victoriano v. executive departments. It is not. imposed. distinctions between individuals solely on differences that are in the sense that the members of the class should possess the irrelevant to a legitimate governmental objective. It must not leave out or underinclude those that valid classification.treated alike. through whatever agency or whatever guise is taken. the equal protection clause permits should otherwise fall into a certain classification. [80] The classification must not be based on existing circumstances only. constitutionality. that every man. does not require the universal application of the number included in the class. What it simply embrace all those who may thereafter be in similar circumstances requires is equality among equals as determined according to a and conditions. and as long as this is achieved.

is primarily tasked to distinction is based on a reasonable foundation or conduct a thorough fact-finding investigation of rational basis and is not palpably arbitrary. that it must not be limited to existing SECTION 2. The very idea of classification is that of committed by public officers and employees. and toward is the grouping of things in speculation or practice this end. It does not prohibit legislation which is which will recommend the prosecution of the limited either in the object to which it is directed or offenders and secure justice for all. their co-principals. The clear mandate of the envisioned truth commission is to investigate and find out the truth concerning the reported cases of In this regard. A law is not invalid because of simple moral and ethical sensibilities of the people. shall primarily seek and find the truth on. that is. inequality. there is a need for a separate body things which are different in fact be treated in law as dedicated solely to investigating and finding out the though they were the same. investigate reports of graft and corruption of because they agree with one another in certain such scale and magnitude that shock and offend the particulars. which as in the other departments of knowledge or practice. Not to include past administrations similarly situated constitutes arbitrariness which 63 . differences. if any. their co- inequality. patent and past administrations. Creation of a Commission. Mention of it has been made in at least three portions of such. There is The equal protection of the laws clause of the hereby created the PHILIPPINE TRUTH COMMISSION. accomplices and Applying these precepts to this case. Classification in law. by the territory within which it is to operate. SECTION 1. so that it goes without saying that the principals. and are different. The Commission. during the previous administration and thereafter submit should be struck down as violative of the equal protection its finding and recommendations to the President. [Emphases supplied] clause. The equal protection truth concerning the reported cases of graft and clause does not forbid discrimination as to things that corruption during theprevious administration. Chapter 9. It guarantees equality. statute. It is not a class of its own. All that is required of a administration. Powers and Functions. Book I of the the standard is satisfied if the classification or Administrative Code of 1987. conditions only. but on persons according to the circumstances the questioned executive order. Congress and the Ombudsman. This Court has held that body under Section 37. 1 accessories from the private sector. accomplices and accessories from the mere fact of inequality in no manner determines the private sector. Specifically. involving third level public officers and higher. Equality of operation of statutes does not mean indiscriminate operation on persons merely as manifest. Executive Order No. not identity of rights. The administration is but just a member of a class. a class of intent to single out the previous administration is plain. and that it must apply equally to which shall have all the powers of an investigative each member of the class. that it must be germane to the purpose of the law. The Constitution does not require that WHEREAS. Constitution allows classification. hereinafter referred to as the COMMISSION. and thereafter recommend the valid classification is that it be reasonable. if any. [Citations reported cases of graft and corruption referred to in omitted] Section 1. these are: surrounding them. it must be borne in mind that the Arroyo graft and corruption during the previous administration[87] only. which appropriate action or measure to be taken thereon to means that the classification should be based on ensure that the full measure of justice shall be served substantial distinctions which make for real without fear or favor. during the previous matter of constitutionality.

at this point. [Emphasis supplied] The probability that there would be difficulty in unearthing evidence or that the earlier reports involving the earlier It could be argued that considering that the PTC is an ad administrations were already inquired into is beside the point. They are not inherent in. The law does not require the impossible (Lex non cogit ad impossibilia). the prescribed can no longer be the subjects of inquiry by the PTC.[92] 1 chooses to limit the scope of the intended investigation to the previous administration only.the equal protection clause cannot sanction. The PTC must. Such discriminating Neither is the PTC expected to conduct simultaneous investigations differentiation clearly reverberates to label the commission as a of previous administrations. at least. The Court. deceased presidents and cases which have already considered view that although its focus is restricted.[91] Though the OSG enumerates several differences between the Arroyo administration and other past administrations. hoc body. however. As Justice Isagani Cruz put it. constitutional guarantee of equal protection under the laws should 64 .[90] circumstances. these Given the foregoing physical and legal impossibility. the distinctions are not substantial enough to merit the restriction of Court logically recognizes the unfeasibility of investigating almost a the investigation to the previous administration only. the denial of equal justice is still within the prohibition of the constitution. Though the law itself be fair on its face and impartial in appearance. as basis for distinguishing said administration from earlier to be true to its mandate of searching for the truth. is of the Obviously. given the bodys limited time and vehicle for vindictiveness and selective retribution. The public needs to be enlightened why Executive Order No. the Arroyo administration. administrations. While reasonable prioritization is permitted. reports of impropriety. so as practically to make unjust legitimate and noble objective of the PTC to stamp out or end and illegal discriminations between persons in similar corruption and the evil it breeds. material to their rights. the fact remains that widespread corruption in the Arroyo administration cannot be taken Executive Order No. In the often quoted language of Yick Wo v. and do not inure have the authority to investigate all past solely to. It is without doubt irrelevant to the administered by public authority with an evil eye and an unequal hand. However. [88] should not be arbitrary lest it be struck down for being unconstitutional. its scope is limited. if applied and [89] The reason given is specious. must not administrations which were also blemished by similar widespread exclude the other past administrations. resources. yet. The PTC. Hopkins. The OSG ventures to opine that to include other past administrations. The reports of centurys worth of graft cases. it Superficial differences do not make for a valid classification. may unnecessarily overburden the commission and lead it to lose its effectiveness. 1 suffers from arbitrary classification.

To exclude the earlier administrations in the guise of protection clause is not devoid of a rational predicate simply substantial distinctions would only confirm the petitioners lament because it happens to be incomplete. [100] In several instances. In the case of US v. the that the subject executive order is only an adventure in partisan underinclusiveness was not considered a valid reason to strike hostility. event or report to be focused on unlike may thereafter be in similar circumstances and the investigative commissions created in the past. 1. that is. political activity or membership in a political party. there is no requirements of constitutionality. exercise of first amendment rights. [93] Laws that do The Court is not unaware that mere underinclusiveness is not conform to the Constitution should be stricken down for being not fatal to the validity of a law under the equal protection clause. step process.[94] While the thrust of the PTC is specific. or so was underscored at least three times in the assailed executive constituted as to preclude additions to the number included within order. It must be noted that Executive Order No. national origin. These cases refer to the step by assumed to be arbitrary. The equal conditions. or more generally the scheme simply because it fails. [95] it was written: A rather down a law or regulation where the purpose can be attained in limited number of such classifications have routinely been held or future legislations or regulations. Furthermore. but must be of such a nature as to embrace all those who mention any particular act. embracing and does not include all the evils within its reach. to survive. unconstitutional.not in any way be circumvented. The Constitution is the class must be brought under the influence of the law and treated by fundamental and paramount law of the nation to which all other it in the same way as are the members of the class. a gender. to cover every evil that might conceivably have been attacked. must be read together with the provisions of the has been written that a regulation challenged under the equal Constitution. it must include or embrace all inadvertence. however. [99] It 1. [96] Such a classification deliberate and intentional as can be gleaned from the fact that it must not be based on existing circumstances only. all who are in situations and protection clause is violated by purposeful and intentional circumstances which are relative to the discriminatory legislation discrimination.[97] laws must conform and in accordance with which all private rights determined and all public authority administered. 1 does not even a class. in order for a classification to meet the In Executive Order No. those include: race. Executive Order No. union legislature does not run the risk of losing the entire remedial activity or membership in a labor union. Cyprian.[101] With regard to equal protection claims. [98] Legislation is not unconstitutional merely because it is not all- for investigation of acts of graft and corruption. [102] To reiterate. That the previous administration was picked out was persons who naturally belong to the class. through inadvertence or otherwise. [103] and which are indistinguishable from those of the members of the 65 .

1 was crafted to tailor-fit that includes the duty of the courts of justice to settle actual the prosecution of officials and personalities of the Arroyo controversies involving rights which are legally demandable and administration. If he would decide not to include them. was devoid of confine itself to cases of large scale graft and corruption committed any discussion on how such conclusory statement was arrived at. The decision.[105] enforceable. itself guilty of The Court is not convinced. such mandate may be so extended accordingly by way of recent initiatives of the legislature and the executive department. 1. however. A final word SECTION 17.[106] that the PCGG Charter 66 . it does not guarantee that they would once again explain the legal basis of its action lest it continually be be covered in the future. which provides: of action. and to determine whether or not there has been a grave of abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. is vested with Judicial Power petitioners that the Executive Order No. To disprove petitioners contention that there is deliberate (composed of Executive Orders Nos. The Court tried to seek guidance from the pronouncement in the case of Virata v. exercising undue interference. is a supplemental Executive Order. this issue has been addressed by the PTC so as to include the acts of graft and corruption committed in Court. Sandiganbayan. Such expanded mandate of the accused of being a hindrance to the nations thrust to progress. Special Provision Concerning Mandate. then be meaningless. in the exercise of its investigation of cases and instances of graft and constitutionally mandated power of Judicial Review with respect to corruption during the prior administrations. Is the Highest Tribunal. during the previous administration. 2 and 14) does not violate discrimination. commission will still depend on the whim and caprice of the President. This will only fortify the fears of the Section 1 of the 1987 Constitution. which is expected to be the protector of the Constitution. the section would The Philippine Supreme Court. If and when in the judgment of the President there is The issue that seems to take center stage at present is - a need to expand the mandate of the Commission as defined in Section 1 hereof to include the whether or not the Supreme Court. according to Article VIII. 1. [104] The OSG points to Section the principal issue in said case being only the sufficiency of a cause 17 of Executive Order No. but it seems that the present political situation calls for it to other past administrations. the OSG clarifies that the commission does not only the equal protection clause. Although Section 17 allows the violating fundamental tenets like the doctrine of separation of President the discretion to expand the scope of investigations of the powers? Time and again.

act as void and unconstitutional. instructions. but if the means to be employed in accomplishing it is of conflict between the Supreme Court. or regulation inspired with noble intentions. To answer this accusation. international or executive agreement. Otherwise. orders. on one hand. It must.[109] any superiority over the other departments. the Court finds no constitutional violations of any attainment. in Section 4(2) thereof. proclamations. Of all the branches of the government. and the two simply irreconcilable with constitutional parameters. No matter how noble and worthy of admiration the purpose regulations. But then again. but only asserts the solemn and sacred obligation assigned to it by the Constitution to Lest it be misunderstood. it has no more authority of proscribing the actions under the truth must be within constitutional bounds for ours is still a government of laws and not of men. be a good source of enlightenment. it does not in reality nullify or invalidate an act of the legislature. Many times the Court still be allowed. have been fertile grounds of an act. if will not allow itself to be a hindrance or obstacle to its after said review.[110] 67 . then. in exercising its power of judicial review. it is important to constitutionality of the application. it does not assert must not be allowed to sap its strength nor greed for power debase its rectitude. enshrined principles. Expediency mediates to allocate constitutional boundaries. Perhaps a revision of the executive issuance so that instrument secures and guarantees to them. instruction. and other means. the words of Justice Laurel would The Constitution must ever remain supreme. it is vested with the review. to wit: And when the judiciary All must bow to the mandate of this law. Furthermore. And. ordinances. It will continue to uphold the Constitution and its departments. law. the Court. all geared towards the betterment of unconstitutional. then it cannot co-equal bodies of government. order. it is the making sure that any act of government is done in consonance with judiciary which is the most interested in knowing the truth and so it the authorities and rights allocated to it by the Constitution. however. It cannot be denied that most government actions are proclamation. on the other. is to pass the test of reasonableness and not be an affront to not imposing its own will upon a co-equal body but rather simply the Constitution. ordinance.[108] The Court cannot just turn a blind eye and has been accused of asserting superiority over the other simply let it pass. presidential decree. the Court will not be deterred to pronounce said power of judicial review which is the power to declare a treaty. this is not the death knell for a determine conflicting claims of authority under the Constitution and truth commission as nobly envisioned by the present to establish for the parties in an actual controversy the rights which administration. or operation of presidential remember this ethical principle: The end does not justify the decrees. This power also includes the duty to rule on the the nation and its people. however. be emphasized that the search for sort.[107] as to include the earlier past administrations would allow it Thus. These provisions.

As also prayed for. SO ORDERED. violative of the equal protection clause of the Constitution. Executive cease and desist from carrying out the provisions of Executive Order No. 68 . the respondents are hereby ordered to WHEREFORE. 1. the petitions are GRANTED. 1 is hereby declared UNCONSTITUTIONAL insofar as it is Order No.