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III.

BILL OF RIGHTS
Definition
-Set of prescriptions setting forth the fundamental civil and political rights of the individual, and
imposing limitations on the powers of government.
-Generally, any government action in violation of the Bill of Rights is void.
-Generally self-executing.

Civil Rights
Right that belong to every citizen of the state or country and are not connected with the
organization or administration of government.

Political Rights
Right to participate, directly or indirectly, in the establishment or administration of
government.

1. DUE PROCESS OF LAW (ARTICLE III, SECTION 1)

No person shall be deprived of life, liberty, or property without due process of


law, nor shall any person be denied the equal protection of the laws. (ART. III, SEC. 1)

no precise definition because it might prove constricting and prevent the judiciary from
adjusting it to the circumstances of particular cases
responsiveness to the supremacy of reason, obedience to the dictates of justice
embodiment of sporting idea of fair play
guaranty against any arbitrariness on the part of the government

Protection of Person
Covers Natural (citizen and alien) and -Universal in application to all persons
Artificial Persons. As to the latter, with -Artificial persons are covered by the
respect only to property because its life and protection only insofar as their property is
liberty are derived from and subject to control concerned.
of legislature. -Guarantee extends to aliens and includes
the means of livelihood.
Who are protected
Deprivation (in Sec. 1, Art. III)
connotes denial of right to life, liberty or property
not unconstitutional. what is prohibited is deprivation without due process of law.

Life Life
connotes integrity of the physical person -right of an individual to his body in its
not mere animal existence; embraces the completeness, free from dismemberment
enjoyment by the individual of God- and extends to the use of God-given
given faculties that can make his life faculties which makes life enjoyable.
worth living.
Liberty Liberty
-the right to exist and the right tobe free
freedom to do right and never wrong from arbitrary personal restraint or
(Mabini) servitude; includes the right to be free to
right to be free from arbitrary personal use his faculties in all lawful ways
restraint or servitude

Property Property
-anything that can come under the right of
anything that can come under the right of ownership and can be subject of contract;
ownership and be the subject of contract the right to secure, use and dispose them.
all things within the commerce of man

However, one cannot have a vested right to a public office as this is not regarded as property.
If created by statute, it may be abolished by the legislature at any time.
Mere privileges are not property rights and are therefore revocable at will

Substantive Due Process


requires intrinsic validity of the law in interfering with the rights of the person to his life, liberty
or property

REQUISITES:
1. Lawful Subject
2. Lawful Means

Procedural Due Process


- restriction on actions of judicial and quasi-judicial agencies of government
- Notice + Hearing (...hears before it condemns, which proceeds upon inquiry and renders
judgment only after trial)
1. Judicial Due Process
Requisites: [IJHJ]
1. [I] Impartial and Competent Court
2. [J] Jurisdiction lawfully acquired over the person of t he defendant and/or property
3. [H] Hearing
- not necessarily trial-type hearing; submission of position papers is enough
- right of a party to cross-examine the witness against him in a civil case is an
indispensable part of due process
- the filing of a motion for reconsideration cures the defect of absence of a hearing
- Cases in which notice and hearing may be dispensed with without violating due
process:
a) abatement of nuisance per se
b) preventive suspension of a civil servant facing admin. charges
c) cancellation of passport of a person sought for the commission of a crime
d) statutory presumptions
4. [J] Judgment rendered upon lawful hearing

Publication as part of due process


Publication is imperative to the validity of laws, PDs and Eos, administrative rules and
regulation and is an indispensable part of due process.

Appeal and due process


Appeal is not a natural right nor is it part of due process; it may be allowed or denied by
legislature in its discretion.
*But where the Constitution gives a person the right to appeal, denial of such constitutes a violation
of due process.

Preliminary investigation and due process


Right to preliminary investigation is not a constitutional right, but it is merely a right
conferred by statute.
*But where there is a statutory grant of the right to preliminary investigation, denial of such
constitutes a violation of due process.

2. Administrative Due Process


REQUISITES [HEDSPIK]:
1. [H] Right to a hearing
2. [E] Tribunal must consider the evidence presented
3. [D] Decision must have something to support itself
4. [S] Evidence must be Substantial
5. [P] Decision must be rendered on the evidence presented at the hearing, or at least
contained in the record and disclosed to the parties affected
6. [I] Tribunal, body, or any of its judges must act on its or his own independent
consideration of the facts and law of the controversy
7. [K] Decision is rendered in such a manner that the parties to the proceeding can know
the various issues involved, and the reason for the decision rendered

SMITH, BELL & COMPANY (LTD.), v JOAQUIN NATIVIDAD


40 PHIL 136
Facts:
Smith, Bell & Co., (Ltd.), is a corporation organized and existing under the
laws of the Philippine Islands. A majority of its stockholders are British subjects. It
is the owner of a motor vessel known as the Bato built for it in the Philippine Islands
in 1916, of more than fifteen tons gross The Bato was brought to Cebu in the
present year for the purpose of transporting plaintiff's merchandise between ports
in the Islands. Application (Certificate of Philippine Regitry) was made at Cebu,
the home port of the vessel, to the Collector of Customs for a certificate of
Philippine registry. The Collector refused to issue the certificate, giving as his
reason that all the stockholders of Smith, Bell & Co., Ltd., were not citizens either
of the United States or of the Philippine Islands under Act No. 2761 which provides:
SEC. 1172. Certificate of Philippine register. Upon registration of a
vessel of domestic ownership, and of more than fifteen tons gross, a certificate of
Philippine register shall be issued for it. If the vessel is of domestic ownership and
of fifteen tons gross or less, the taking of the certificate of Philippine register shall
be optional with the owner.
SEC. 1176. Investigation into character of vessel. No application for a
certificate of Philippine register shall be approved until the collector of customs
is satisfied from an inspection of the vessel that it is engaged or destined to be
engaged in legitimate trade and that it is of domestic ownership as such
ownership is defined in section eleven hundred and seventy-two of this Code.
Counsel says that Act No. 2761 denies to Smith, Bell & Co., Ltd., the equal
protection of the laws because it, in effect, prohibits the corporation from owning
vessels, and because classification of corporations based on the citizenship of one
or more of their stockholders is capricious, and that Act No. 2761 deprives the
corporation of its properly without due process of law because by the passage of
the law company was automatically deprived of every beneficial attribute of
ownership in the Bato and left with the naked title to a boat it could not use.
Issue: Whether the legislature through Act no. 2761 can deny registry of vessel
with foreign stockholders.
Ruling: Yes. We are inclined to the view that while Smith, Bell & Co. Ltd., a
corporation having alien stockholders, is entitled to the protection afforded by
the due-process of law and equal protection of the laws clause of the Philippine
Bill of Rights, nevertheless, Act No. 2761 of the Philippine Legislature, in
denying to corporations such as Smith, Bell &. Co. Ltd., the right to register
vessels in the Philippines coastwise trade, does not belong to that vicious
species of class legislation which must always be condemned, but does fall
within authorized exceptions, notably, within the purview of the police power,
and so does not offend against the constitutional provision.

The guaranties of the Fourteenth Amendment and so of the first paragraph


of the Philippine Bill of Rights, are universal in their application to all person within
the territorial jurisdiction, without regard to any differences of race, color, or
nationality. The word "person" includes aliens. Private corporations, likewise, are
"persons" within the scope of the guaranties in so far as their property is concerned.
Classification with the end in view of providing diversity of treatment may be
made among corporations, but must be based upon some reasonable ground
and not be a mere arbitrary selection.

A literal application of general principles to the facts before us would, of


course, cause the inevitable deduction that Act No. 2761 is unconstitutional by
reason of its denial to a corporation, some of whole members are foreigners, of the
equal protection of the laws.

To justify that portion of Act no. 2761 which permits corporations or


companies to obtain a certificate of Philippine registry only on condition that they
be composed wholly of citizens of the Philippine Islands or of the United States or
both, as not infringing Philippine Organic Law, it must be done under some one of
the exceptions.

One of the exceptions to the general rule, most persistent and far reaching
in influence is, broad and comprehensive as it is, nor any other amendment, "was
designed to interfere with the power of the State, sometimes termed its `police
power,' to prescribe regulations to promote the health, peace, morals, education,
and good order of the people, and legislate so as to increase the industries of the
State, develop its resources and add to its wealth and prosperity. From the very
necessities of society, legislation of a special character, having these objects in
view, must often be had in certain districts. This is the same police power which
the United States Supreme Court say "extends to so dealing with the conditions
which exist in the state as to bring out of them the greatest welfare in of its people."
For quite similar reasons, none of the provision of the Philippine Organic Law
could could have had the effect of denying to the Government of the Philippine
Islands, acting through its Legislature, the right to exercise that most essential,
insistent, and illimitable of powers, the sovereign police power, in the promotion
of the general welfare and the public interest.

Without any subterfuge, the apparent purpose of the Philippine Legislature


is seen to be to enact an anti-alien shipping act. The ultimate purpose of the
Legislature is to encourage Philippine ship-building.

VILLEGAS VS HIU 86 SCRA 275 Ho who was employed in Manila, filed a petition
to stop the enforcement of such ordinance as well
FACTS: This case involves an ordinance as to declare the same null and void. Trial court
prohibiting aliens from being employed or rendered judgment in favor of the petitioner,
engage or participate in any position or hence this case.
occupation or business enumerated therein,
whether permanent, temporary or casual, without ISSUE: WON said Ordinance violates due
first securing an employment permit from the process of law and equal protection rule of the
Mayor of Manila and paying the permit fee of Constitution.
P50.00. Private respondent Hiu Chiong Tsai Pao
HELD: Yes. The Ordinance The ordinance in legislative powers. Judge Arca of Manila CFI
question violates the due process of law and equal ruled in favor of Pao Ho and he declared the
protection rule of the Constitution. Requiring a Ordinance as being null and void.
person before he can be employed to get a permit
ISSUE: Whether or not there a violation of equal
from the City Mayor who may withhold or refuse
protection by virtue Ord 6537.
it at his will is tantamount to denying him the
basic right of the people in the Philippines to HELD: The decision of Judge Arca is affirmed.
engage in a means of livelihood. While it is true Ordinance No. 6537 does not lay down any
that the Philippines as a State is not obliged to criterion or standard to guide the Mayor in the
admit aliens within its territory, once an alien is exercise of his discretion. Hence an undue
admitted, he cannot be deprived of life without delegation of power.
due process of law. This guarantee includes the Further, the P50.00 fee is unreasonable not only
means of livelihood. The shelter of protection because it is excessive but because it fails to
under the due process and equal protection clause consider valid substantial differences in situation
is given to all persons, both aliens and citizens among individual aliens who are required to pay
it. Although the equal protection clause of the
****XXX Constitution does not forbid classification, it is
imperative that the classification, should be based
Equal Protection Delegation of Powers on real and substantial differences having a
Administrative Bodies reasonable relation to the subject of the particular
Pao Ho is a Chinese national employed in the City legislation. The same amount of P50.00 is being
of Manila. On 27 March 1968, then Manila collected from every employed alien, whether he
Mayor Antonio Villegas signed Ordinance No. is casual or permanent, part time or full time or
6537. The said ordinance prohibits foreign whether he is a lowly employee or a highly paid
nationals to be employed within the City of executive. Requiring a person before he can be
Manila without first securing a permit from the employed to get a permit from the City Mayor of
Mayor of Manila. The permit will cost them Manila who may withhold or refuse it at will is
P50.00. Pao Ho, on 04 May 1968 filed a petition tantamount to denying him the basic right of the
for prohibition against the said Ordinance people in the Philippines to engage in a means of
alleging that as a police power measure, it makes livelihood. While it is true that the Philippines as
no distinction between useful and non-useful a State is not obliged to admit aliens within its
occupations, imposing a fixed P50.00 territory, once an alien is admitted, he cannot be
employment permit, which is out of proportion to deprived of life without due process of law. This
the cost of registration and that it fails to guarantee includes the means of livelihood. The
prescribe any standard to guide and/or limit the shelter of protection under the due process and
action of the Mayor, thus, violating the equal protection clause is given to all persons,
fundamental principle on illegal delegation of both aliens and citizens.

39 Phil. 660 Political Law Delegation of Powers Liberty and due process
Rubi and various other Manguianes (Mangyans) in the province of Mindoro were ordered by the provincial
governor of Mindoro to remove their residence from their native habitat and to established themselves on
a reservation in Tigbao, still in the province of Mindoro, and to remain there, or be punished by
imprisonment if they escaped. Manguianes had been ordered to live in a reservation made to that end and
for purposes of cultivation under certain plans. The Manguianes are a Non-Christian tribe who were
considered to be of very low culture.
One of the Manguianes, a certain Dabalos, escaped from the reservation but was later caught and was placed
in prison at Calapan, solely because he escaped from the reservation. An application for habeas corpus was
made on behalf by Rubi and other Manguianes of the province, alleging that by virtue of the resolution of
the provincial board of Mindoro creating the reservation, they had been illegally deprived of their liberty.
In this case, the validity of Section 2145 of the Administrative Code, which provides:
With the prior approval of the Department Head, the provincial governor of any province in
which non-Christian inhabitants are found is authorized, when such a course is deemed necessary in the
interest of law and order, to direct such inhabitants to take up their habitation on sites on
unoccupied public lands to be selected by him and approved by the provincial board.
was challenged.
ISSUE: Whether or not Section 2145 of the Administrative Code constitutes undue delegation. Whether or
not the Manguianes are being deprived of their liberty.
HELD:
I. No. By a vote of five to four, the Supreme Court sustained the constitutionality of this section of the
Administrative Code. Under the doctrine of necessity, who else was in a better position to determine
whether or not to execute the law but the provincial governor. It is optional for the provincial governor to
execute the law as circumstances may arise. It is necessary to give discretion to the provincial governor. The
Legislature may make decisions of executive departments of subordinate official thereof, to whom it has
committed the execution of certain acts, final on questions of fact.
II. No. Among other things, the term non-Christian should not be given a literal meaning or a religious
signification, but that it was intended to relate to degrees of civilization. The term non-Christian it was
said, refers not to religious belief, but in a way to geographical area, and more directly to natives of the
Philippine Islands of a low grade of civilization. In this case, the Manguianes were being reconcentrated in
the reservation to promote peace and to arrest their seminomadic lifestyle. This will ultimately settle them
down where they can adapt to the changing times.
The Supreme Court held that the resolution of the provincial board of Mindoro was neither discriminatory
nor class legislation, and stated among other things: . . . one cannot hold that the liberty of the citizen is
unduly interfered with when the degree of civilization of the Manguianes is considered. They are restrained
for their own good and the general good of the Philippines. Nor can one say that due process of law has not
been followed. To go back to our definition of due process of law and equal protection of the laws, there
exists a law; the law seems to be reasonable; it is enforced according to the regular methods of procedure
prescribed; and it applies alike to all of a class.

A. Aspect of Due Process

KWONG SING VS. CITY OF MANILA [41 Phil 103; G.R. No. 15972; 11 Oct 1920]

Facts:

Kwong Sing, in his own behalf and of other Chinese laundrymen who has general and the same interest,
filed a complaint for a preliminary injunction. The Plaintiffs also questioned the validity of enforcing
Ordinance No. 532 by the city of Manila. Ordinance No. 532 requires that the receipt be in duplicate in
English and Spanish duly signed showing the kind and number of articles delivered by laundries and dyeing
and cleaning establishments. The permanent injunction was denied by the trial court. The appellants claim
is that Ordinance No. 532 savors of class legislation; putting in mind that they are Chinese nationals. It
unjustly discriminates between persons in similar circumstances; and that it constitutes an arbitrary
infringement of property rights. They also contest that the enforcement of the legislation is an act beyond
the scope of their police power. In view of the foregoing, this is an appeal with the Supreme Court.

Issues:

(1) Whether or Not the enforcement of Ordinance no, 532 is an act beyond the scope of police power

(2) Whether or Not the enforcement of the same is a class legislation that infringes property rights.

Held:

Reasonable restraints of a lawful business for such purposes are permissible under the police power.
The police power of the City of Manila to enact Ordinance No. 532 is based on Section 2444, paragraphs
(l) and (ee) of the Administrative Code, as amended by Act No. 2744, authorizes the municipal board of
the city of Manila, with the approval of the mayor of the city:

(l) To regulate and fix the amount of the license fees for the following: xxxx xxxxxlaundries xxxx.

(ee) To enact all ordinances it may deem necessary and proper for the sanitation and safety, the furtherance
of the prosperity, and the promotion of the morality, peace, good order, comfort, convenience, and general
welfare of the city and its inhabitants.

The court held that the obvious purpose of Ordinance No. 532 was to avoid disputes between
laundrymen and their patrons and to protect customers of laundries who are not able to decipher Chinese
characters from being defrauded. (Considering that in the year 1920s, people of Manila are more familiar
with Spanish and maybe English.)

In whether the ordinance is class legislation, the court held that the ordinance invades no
fundamental right, and impairs no personal privilege. Under the guise of police regulation, an attempt is not
made to violate personal property rights. The ordinance is neither discriminatory nor unreasonable in its
operation. It applies to all public laundries without distinction, whether they belong to Americans, Filipinos,
Chinese, or any other nationality. All, without exception, and each every one of them without distinction,
must comply with the ordinance. The obvious objection for the implementation of the ordinance is based
in sec2444 (ee) of the Administrative Code. Although, an additional burden will be imposed on the business
and occupation affected by the ordinance such as that of the appellant by learning even a few words in
Spanish or English, but mostly Arabic numbers in order to properly issue a receipt, it seems that the same
burdens are cast upon the them. Yet, even if private rights of person or property are subjected to restraint,
and even if loss will result to individuals from the enforcement of the ordinance, this is not sufficient ground
for failing to uphold the power of the legislative body. The very foundation of the police power is the control
of private interests for the public welfare.

Finding that the ordinance is valid, judgment is affirmed, and the petition for a preliminary
injunction is denied, with costs against the appellants.

***XXX
JAVIER vs. COMMISSION ON ELECTIONS
G.R. Nos. L-68379-81, September 22, 1986
Due Process impartial and competent court
Javier and Pacificador, a member of the KBL under Marcos, were rivals to be members of the Batasan in
May 1984 in Antique. During election, Javier complained of massive terrorism, intimidation, duress, vote-
buying, fraud, tampering and falsification of election returns under duress, threat and intimidation,
snatching of ballot boxes perpetrated by the armed men of Pacificador. COMELEC just referred the
complaints to the AFP. On the same complaint, the 2nd Division of the Commission on Elections directed
the provincial board of canvassers of Antique to proceed with the canvass but to suspend the proclamation
of the winning candidate until further orders. On June 7, 1984, the same 2nd Division ordered the board to
immediately convene and to proclaim the winner without prejudice to the outcome of the case before the
Commission. On certiorari before the SC, the proclamation made by the board of canvassers was set aside
as premature, having been made before the lapse of the 5-day period of appeal, which the Javier had
seasonably made. Javier pointed out that the irregularities of the election must first be resolved before
proclaiming a winner. Further, Opinion, one of the Commissioners should inhibit himself as he was a former
law partner of Pacificador. Also, the proclamation was made by only the 2 nd Division but the Constitute
requires that it be proclaimed by the COMELEC en banc. In Feb 1986, during pendency, Javier was gunned
down. The Solicitor General then moved to have the petition close it being moot and academic by virtue of
Javiers death.
ISSUE: Whether or not there had been due process in the proclamation of Pacificador.
HELD: The SC ruled in favor of Javier and has overruled the Sol-Gens tenor. The SC has repeatedly and
consistently demanded the cold neutrality of an impartial judge as the indispensable imperative of due
process. To bolster that requirement, we have held that the judge must not only be impartial but must also
appear to be impartial as an added assurance to the parties that his decision will be just. The litigants are
entitled to no less than that. They should be sure that when their rights are violated they can go to a judge
who shall give them justice. They must trust the judge, otherwise they will not go to him at all. They must
believe in his sense of fairness, otherwise they will not seek his judgment. Without such confidence, there
would be no point in invoking his action for the justice they expect.
Due process is intended to insure that confidence by requiring compliance with what Justice Frankfurter
calls the rudiments of fair play. Fair play calls for equal justice. There cannot be equal justice where a suitor
approaches a court already committed to the other party and with a judgment already made and waiting
only to be formalized after the litigants shall have undergone the charade of a formal hearing. Judicial (and
also extrajudicial) proceedings are not orchestrated plays in which the parties are supposed to make the
motions and reach the denouement according to a prepared script. There is no writer to foreordain the
ending. The judge will reach his conclusions only after all the evidence is in and all the arguments are filed,
on the basis of the established facts and the pertinent law.
***XXX

Galman v Sandiganbayan 144 SCRA 392 (1986)

Facts:

An investigating committee was created to determine the facts on the case involving the
assassination of Ninoy Aquino. It appears that majority and minority reports showed that they are
unconvinced on the participation of Galman as the assassin of late Sen. Aquino and branded him instead as
the fall guy as opposed to the military reports. Majority reports recommended the 26 military respondents
as indictable for the premeditated killing of Aquino and Galman which the Sandiganbayan did not give due
consideration.

The office of the Tanod Bayan was originally preparing a resolution charging the 26 military
accused as principal to the crime against Aquino but was recalled upon the intervention of President Marcos
who insist on the innocence of the accused. Marcos however recommended the filing of murder charge and
to implement the acquittal as planned so that double jeopardy may be invoked later on.

The petitioners filed an action for miscarriage of justice against the Sandiganbayan and gross
violation of constitutional rights of the petitioners for failure to exert genuine efforts in allowing the
prosecution to present vital documentary evidence and prayed for nullifying the bias proceedings before
the Sandiganbayan and ordering a re-trial before an impartial tribunal.

Issue: Whether or not there was due process in the acquittal of the accused from the charges against them.

Held: The Supreme Court held that the prosecution was deprived of due process and fair opportunity to
prosecute and prove their case which grossly violates the due process clause. There could be no
double jeopardy since legal jeopardy attaches only (a) upon a valid indictment, (b) before a competent court,
(c) after arraignment, (d) a valid plea having been entered; and (e) the case was dismissed or otherwise
terminated without the express consent of the accused (People vs. Ylagan, 58 Phil. 851). The lower court
that rendered the judgment of acquittal was not competent as it was ousted of its jurisdiction when it violated
the right of the prosecution to due process. In effect the first jeopardy was never terminated, and the remand
of the criminal case for further hearing and/or trial before the lower courts amounts merely to a continuation
of the first jeopardy, and does not expose the accused to a second jeopardy.

The court further contends that the previous trial was a mock trial where the authoritarian President
ordered the Sandiganbayan and Tanod Bayan to rig and closely monitor the trial which was undertaken
with due pressure to the judiciary. The courts decision of acquittal is one void of jurisdiction owing to its
failure in observing due process during the trial therefore the judgment was also deemed void and double
jeopardy cannot be invoked. More so the trial was one vitiated with lack of due process on the account of
collusion between the lower court and Sandiganbayan for the rendition of a pre-determined verdict of the
accused.

The denial on the motion for reconsideration of the petitioners by the court was set aside and
rendered the decision of acquittal of the accused null and void. An order for a re-trial was granted.

***XXX

274 SCRA 358 Political Law Constitutional Law Due Process; Administrative Bodies
Dismissal of Employees

Miguel Singson was an employee of the Philippine Air Lines (PAL). In 1991, a Japanese national
alleged that Singson extorted money from her ($200.00) by accusing her of having excess baggage; and
that to settle the issue, she needs to pay said amount to him. Singson was later investigated and the
investigating committee found him guilty. PAL then dismissed Singson from employment. Singson then
filed a case before NLRC against PAL for illegal dismissal. Labor Arbiter Raul Aquino ruled in favor of
Singson as he found PALs side insufficient to dismiss Singson. PAL appealed to the National Labor
Relations Commission (NLRC) and his case was raffled to the 2nd Division thereof.
The 2nd Division, however, was composed of Commissioners Victoriano Calaycay, Rogelio
Rayala, and former Labor Arbiter Raul Aquino same arbiter which decided Singsons case. The
commissioners deliberated on the case and thereafter reversed the decision of Aquino.
Singson moved for reconsideration. This time, only Commissioners Calaycay and Rayala
deliberated on the motion. The motion was denied.

ISSUE: Whether or not Singson was denied of due process.

HELD: Yes. The Supreme Court ruled that Singson was denied due process. The SC held that Singson was
denied due process when Aquino participated, as presiding commissioner of the 2nd Division of the NLRC,
in reviewing PALs appeal. He was reviewing his own decision as a former labor arbiter.
Under Rule VII, Section 2 (b) of the New Rules of Procedure of the NLRC, each Division shall consist of
one member from the public sector who shall act as the Presiding Commissioner and one member each
from the workers and employers sectors, respectively. The composition of the Division guarantees equal
representation and impartiality among its members. Thus, litigants are entitled to a review of three (3)
commissioners who are impartial right from the start of the process of review.
Commissioner Aquino can hardly be considered impartial since he was the arbiter who decided the case
under review. He should have inhibited himself from any participation in this case. The infirmity of the
resolution was not cured by the fact that the motion for reconsideration of Singson was denied by two
commissioners and without the participation of Aquino. The right of petitioner to an impartial review of his
appeal starts from the time he filed his appeal. He is not only entitled to an impartial tribunal in the resolution
of his motion for reconsideration. Moreover, his right is to an impartial review of three commissioners. The
denial of Singsons right to an impartial review of his appeal is not an innocuous error. It negated his right
to due process.

***XXX

Tejano vs. Ombudsman


GR 159190, 30 June 2005; Second Division, Chico-Nazario [J]

FACTS:

On 08 November 1994, Aniano A. Desierto, then the Special Prosecutor, concurred inthe approval of his
subordinates on the filing of the proper information for violation of Section3(e) of Republic Act No. 3019
against petitioner Cayetano A. Tejano, Jr., Juana dela Cruz andVicente dela Cruz of V&G. Afterwards, the
case was filed with the Sandiganbayan, petitioner filed with the Sandiganbayan an Urgent Motion for a
Period of Time to File Motion for Reinvestigation. Sandiganbayan granted the motion for reinvestigation
and ordered the Officeof the Special Prosecutor to conduct the reinvestigation. Upon reinvestigation,
convinced thatno probable cause existed to indict petitioner Tejano, and spouses Juana and Vicente
delaCruz, Special Prosecutor Micael, recommended the dismissal of the case. On 10 December 1999,
Ombudsman Aniano A. Desierto, who earlier participated in the initial preliminaryinvestigation as Special
Prosecutor, disapproved the recommendation for the dismissal of the case with the marginal note assign
the case to another prosecutor to prosecute the case aggressively.

ISSUE:

WON THE OMBUDSMAN IS JUSTIFIED IN DISAPPROVEDING THERECOMMENDATION FOR


THE DISMISSAL OF THE CASE.

HELD.
NO. Due process dictates that one called upon to resolve a dispute may not review hisdecision on
appeal. Having participated in the initial preliminary investigation of the instant caseand having
recommended the filing of an appropriate information, it behooved OmbudsmanDesierto to recuse himself
from participating in the review of the same during thereinvestigation.

***XXX

VALLADOLID v. INCIONG
G.R. No. L-52364 March 25, 1983 (FIRST DIVISION)
MELENCIO-HERRERA, J.

FACTS:

Ricardo Valladolid, petitioner, in was employed by JRM in 1977 as a telephone switchboard


operator. He was subsequently transferred to the position of clerk-collector by the president of JRM. The
transfer was motivated by the interception of business and confidential matters to a competitor hotel by
(allegedly) Villadolid who was then working as a switchboard operator and while serving in his capacity
as clerk/collector, copies of Accounts Receivables reached the competitor hotel (Tropicana Apartment-
Hotel) although said copies were not referred to them. That to finally and fully confirmed suspicions that
Ricardo Valladolid was the person responsible for the aforementioned disclosures, a plan for the entrapment
was conceived by the Copacabana Apartment- Hotel. After the entrapment scheme had been effected,
Valladolid filed a written request for a 5 day vacation leave which was extended to 30 days. When he went
back to work, JRM refused to admit him and instead asked him to resign. RM maintains that Valladolid left
the office that same day and never returned, because he was reprimanded for his unauthorized absences.
Valladolid later on filed a Complaint for Illegal Dismissal with vacation and sick leave pay.
The Ministry ruled that the application for clearance with preventive suspension is denied and respondent
(JRM) is hereby ordered to reinstate complainant (Valladolid) to his former position without backwages
and without loss of seniority rights. Valladolid appealed the foregoing order to the Minister of Labor
seeking modification of the same, praying for the award of backwages from the time he was illegally
dismissed but the Deputy Minister of Labor (Inciong) dismissed both appeals after finding "no sufficient
justification or valid reason to alter, modify, much less reverse the Order appealed from.

ISSUE:
1. WON the non-award of backwages raised by Valladolid claiming that the Orders of Deputy
Minister of Labor are contrary to law and evidence.
2. WON JRM was deprived of due process when the Deputy Minister of Labor sustained the finding
of respondent Regional Director that there is no evidence to support the dismissal of private
respondent.

HELD:Petitions for certiorari are DENIED.


RATIO:
1. Loss of confidence is a valid ground for dismissing an employee. Proof beyond reasonable doubt
of the employee's misconduct is not required, it being sufficient that there is some basis for the
same or that the employer has reasonable ground to believe that the employee is responsible for the
misconduct and his participation therein renders him unworthy of the trust and confidence
demanded of his position. However, as this was Valladolid's first offense, as found by the Regional
Director, dismissal from the service is too harsh a punishment, considering that he had not been
previously admonished, warned or suspended for any misdemeanor. Besides as clerk-collector, he
need not be given access to facts relative to the business of Copacabana, which, if divulged to
Tropicana would be to the former's prejudice.
The Regional Director ruled that the absences of Valladolid were unauthorized but did gross
neglect of duty or abandonment of work which requires deliberate refusal to resume employment
or a clear showing in terms of specific circumstances that the worker does not intend to report for
work. But as Valladolid had been AWOL, no error was committed by respondent Regional Director
in ordering his reinstatement without backwages.
2. JRM cannot claim that it was deprived of due process considering that applications for clearance
have to be summarily investigated and a decision required to be rendered within ten (10) days from
the filing of the opposition. As this Court had occasion to hold there is no violation of due process
where the Regional Director merely required the submission of position papers and resolved the
case summarily thereafter.

***XXX

Zaldivar Vs. Sandiganbayan


G.R. No. 79690-707, February 1, 1989

Facts: The case stemmed from the resolution of the Supreme Court stopping the respondent from
investigating graft cases involving Antique Gov. Enrique Zaldivar. The Court ruled that since the adoption
of the 1987 Constitution, respondents powers as Tanodbayan have been superseded by the creation of the
Office of the Ombudsman, he however becomes the Special Prosecutor of the State, and can only conduct
an investigation and file cases only when so authorized by the Ombudsman. A motion for reconsideration
was filed by the respondent wherein he included statements which were unrelated in the Issue raised in the
Court. This include: (a)That he had been approached twice by a leading member of the court and he was
asked to 'go slow on Zaldivar and 'not to be too hard on him; (b) That he "was approached and asked to
refrain from investigating the COA report on illegal disbursements in the Supreme Court because 'it will
embarass the Court;" and (c) that in several instances, the undersigned respondent was called over the phone
by a leading member of the Court and was asked to dismiss the cases against two Members of the Court."
Statements of the respondent saying that the SCs order '"heightens the people's apprehension over the
justice system in this country, especially because the people have been thinking that only the small fly can
get it while big fishes go scot-free was publicized in leading newspapers.

Now, the Court Resolved to require respondent to explain in writing why he should not be punished
for contempt of court for making such public statements reported in the media. Respondent then sought to
get some members of the Court to inhibit themselves in the resolution of the Zaldivar case for alleged bias
and prejudice against him. A little later, he in effect asked the whole Court to inhibit itself from passing
upon the Issue involved in proceeding and to pass on responsibility for this matter to the Integrated Bar of
the Philippines, upon the ground that respondent cannot expect due process from this Court, that the Court
has become incapable of judging him impartially and fairly. The Court found respondent guilty of contempt
of court and indefinitely suspended from the practice of law. Now, he assails said conviction, invoking his
freedom of speech. Counsel for respondent urges that it is error "for this Court to apply the "visible
tendency" rule rather than the "clear and present danger" rule in disciplinary and contempt charges."

Issue: Whether or Not there was a violation of the freedom of speech/expression.

Held: There was no violation. The Court did not purport to announce a new doctrine of "visible tendency,"
it was simply paraphrasing Section 3 (d) of Rule 71 of the Revised Rules of Court which penalizes a variety
of contumacious conduct including: "any improper conduct tending, directly or indirectly, to impede,
obstruct or degrade the administration of justice."
Under either the "clear and present danger" test or the "balancing-of-interest test," the Court held
that the statements made by respondent Gonzalez are of such a nature and were made in such a manner and
under such circumstances, as to transcend the permissible limits of free speech. What is here at stake is the
authority of the Supreme Court to confront and prevent a "substantive evil" consisting not only of the
obstruction of a free and fair hearing of a particular case but also the avoidance of the broader evil of the
degradation of the judicial system of a country and the destruction of the standards of professional conduct
required from members of the bar and officers of the courts, which has some implications to the society.

***XXX

Government of the USA v. Hon. Purganan GR. NO. 148571 Sept. 24 2002 PANGANIBAN, J.

FACTS:

Petition is a sequel to the case Sec. of Justice v. Hon. Lantion. The Secretary was ordered to furnish
Mr. Jimenez copies of the extradition request and its supporting papers and to grant the latter a reasonable
period within which to file a comment and supporting evidence. But, on motion for reconsideration by the
Sec. of Justice, it reversed its decision but held that the Mr. Jimenez was bereft of the right to notice and
hearing during the evaluation stage of the extradition process. On May 18, 2001, the Government of the
USA, represented by the Philippine Department of Justice, filed with the RTC, the Petition for Extradition
praying for the issuance of an order for his immediate arrest pursuant to Sec. 6 of PD 1069 in order to
prevent the flight of Jimenez. Before the RTC could act on the petition, Mr. Jimenez filed before it an
Urgent Manifestation/Ex-Parte Motion praying for his application for an arrest warrant be set for
hearing. After the hearing, as required by the court, Mr. Jimenez submitted his Memorandum. Therein
seeking an alternative prayer that in case a warrant should issue, he be allowed to post bail in the amount
of P100,000. The court ordered the issuance of a warrant for his arrest and fixing bail for his temporary
liberty at P1M in cash. After he had surrendered his passport and posted the required cash bond, Jimenez
was granted provisional liberty.

Government of the USA filed a petition for Certiorari under Rule 65 of the Rules of Court to set
aside the order for the issuance of a warrant for his arrest and fixing bail for his temporary liberty at P1M
in cash which the court deems best to take cognizance as there is still no local jurisprudence to guide lower
court.

ISSUES:

Whether or NOT there is a violation of due process

HELD:

Petition is GRANTED. Bail bond posted is CANCELLED. Regional Trial Court of Manila is directed to
conduct the extradition proceedings before it.

NO.

Potential extraditees are entitled to the rights to due process and to fundamental fairness. The doctrine
of right to due process and fundamental fairness does not always call for a prior opportunity to be heard. A
subsequent opportunity to be heard is enough. He will be given full opportunity to be heard subsequently,
when the extradition court hears the Petition for Extradition. Indeed, available during the hearings on the
petition and the answer is the full chance to be heard and to enjoy fundamental fairness that is compatible
with the summary nature of extradition.
It is also worth noting that before the US government requested the extradition of respondent,
proceedings had already been conducted in that country. He already had that opportunity in the requesting
state; yet, instead of taking it, he ran away.

Other Doctrines:

Five Postulates of Extradition


1. Extradition Is a Major Instrument for the Suppression of Crime

In this era of globalization, easier and faster international travel, and an expanding ring of
international crimes and criminals, we cannot afford to be an isolationist state. We need to cooperate with
other states in order to improve our chances of suppressing crime in our own country.

2. The Requesting State Will Accord Due Process to the Accused

By entering into an extradition treaty, the Philippines is deemed to have reposed its trust
in the reliability or soundness of the legal and judicial system of its treaty partner, as well as in the ability
and the willingness of the latter to grant basic rights to the accused in the pending criminal case therein.

3. The Proceedings Are Sui Generis

An extradition proceeding is sui generis:


a) It is not a criminal proceeding which will call into operation all the rights of an accused as guaranteed
by the Bill of Rights. It does not involve the determination of the guilt or innocence of an accused. His
guilt or innocence will be adjudged in the court of the state where he will be extradited.
b) An extradition proceeding is summary in nature while criminal proceedings involve a full-blown trial.
c) In terms of the quantum of evidence to be satisfied, a criminal case requires proof beyond reasonable
doubt for conviction while a fugitive may be ordered extradited upon showing of the existence of a prima
facie case
d) Unlike in a criminal case where judgment becomes executory upon being rendered final, in an extradition
proceeding, our courts may adjudge an individual extraditable but the President has the final discretion to
extradite him.

Extradition is merely a measure of international judicial assistance through which a person charged
with or convicted of a crime is restored to a jurisdiction with the best claim to try that person. The ultimate
purpose of extradition proceedings in court is only to determine whether the extradition request complies
with the Extradition Treaty, and whether the person sought is extraditable.

4. Compliance Shall Be in Good Faith.

We are bound by pacta sunt servanda to comply in good faith with our obligations under the
Treaty. Accordingly, the Philippines must be ready and in a position to deliver the accused, should it be
found proper.

5. There Is an Underlying Risk of Flight


Indeed, extradition hearings would not even begin, if only the accused were willing to submit to trial in the
requesting country. Prior acts of herein respondent:
a)leaving the requesting state right before the conclusion of his indictment proceedings there; and
b)remaining in the requested state despite learning that the requesting state is seeking his return and
that the crimes he is charged with are bailable
Extradition is Essentially Executive

Extradition is essentially an executive, not a judicial, responsibility arising out of the presidential power to
conduct foreign relations and to implement treaties. Thus, the Executive Department of government has
broad discretion in its duty and power of implementation.

***XXX

146 SCRA 446 Civil Law Preliminary in the Official Gazette of various presidential
Title Publication Presidential decrees, letters of instructions, general
Proclamations etc What unless otherwise orders, proclamations, executive orders,
provided means in Article 2 of the Civil letter of implementation and administrative
Code orders in compliance with the people's right
to be informed on matters of public concern,
With the Supreme Courts decision that
ordered Tuvera et al to publish in the Official as well as the principle that laws to be valid
Gazette the unpublished presidential issuances and enforceable must be published in the
which are of general application, and unless so Official Gazette or otherwise effectively
published, they shall have no binding force and promulgate. On the other hand, the
effect, Tuvera et al move for reconsideration and Respondents, thru the Solicitor General seek
clarification. for its dismissal on the ground of petitioners
lack of standing.
ISSUE: Whether or not publication should be
made in the Official Gazette or elsewhere as long Issues: (1) WON the petitioners are the
as the people were sufficiently informed. proper party to file the instant petition;
(2) WON publication in the Official Gazette
HELD: The Supreme Court cannot rule upon the
wisdom of a law or repeal or modify it if it finds is required before any law or statute becomes
the same as impractical. That is not its function valid and enforceable
for such is the function of the legislature. The task
of the Supreme Court is merely to interpret and Held: (1) YES. The Court already held in its
apply the law as conceived and approved by the previous decisions that: When the question
political departments of the government in is one of public right and the object of the
accordance with prescribed procedure. Hence, mandamus is to procure the enforcement of a
the Court declared that all laws shall immediately public duty, the people are regarded as the
upon their approval or as soon thereafter as real party in interest and the relator at whose
possible, be published in full in the Official instigation the proceedings are instituted
Gazette, to become effective only after 15 days
need not show that he has any legal or special
from their publication, or on another date
specified by the legislature, in accordance with interest in the result, it being sufficient to
Article 2 of the Civil Code. The clause unless show that he is a citizen and as such
otherwise provided pertains to the date of interested in the execution of the laws.
publication and not the requirement of Clearly, the right sought to be enforced by
publication. petitioners herein is a public right recognized
by no less than the fundamental law of the
Tanada VS Tuvera land. If petitioners were not allowed to
Facts: Herein Petitioners seek a writ of institute this proceeding, it would indeed be
mandamus to compel respondent public difficult to conceive of any other person to
officials to publish, and cause the publication initiate the same.
the height of injustive to punish or otherwise
(2) As to second issue, YES. Art. 2 of the burden a citizen for the transgression of a law
Civil Code do not preclude the requirement which he had no notice whatsoever, not even
of publication in the Official Gazette, even if a constructive one.
the law itself provides for the date of its It is needless to add that the
effectivity. The clear object of this provision publication of presidential issuances "of a
is to give the general public adequate notice public nature" or "of general applicability" is
of the various laws which are to regulate their a requirement of due process. It is a rule of
actions and conduct as citizens. Without such law that before a person may be bound by
notice and publication, there would be no law, he must first be officially and
basis for the application of the maxim specifically informed of its contents.
ignoratia legis nominem excusat. It would be

***XXX

Go vs CA
G.R. No. 101837, February 11, 1992
Facts:
Rolito Go while traveling in the wrong direction on a one-way street, nearly bumped Eldon
Maguans car. Go alighted from his car, shot Maguan and left the scene. A security guard at a nearby
restaurant was able to take down petitioners car plate number. The police arrived shortly thereafter at the
scene of the shooting. A manhunt ensued.

Six days after, petitioner presented himself before the San Juan Police Station to verify news reports
that he was being hunted by the police; he was accompanied by two (2) lawyers. The police forthwith
detained him. An eyewitness to the shooting, who was at the police station at that time, positively identified
petitioner as the gunman.

Petitioner posted bail, the prosecutor filed the case to the lower court, setting and commencing trial
without preliminary investigation. Prosecutor reasons that the petitioner has waived his right to preliminary
investigation as bail has been posted and that such situation, that petitioner has been arrested without a
warrant lawfully, falls under Section 5, Rule 113 and Section 7, Rule 112 of The 1985 Rules of Criminal
Procedure which provides for the rules and procedure pertaining to situations of lawful warrantless arrests.
Petitioner argues that he was not lawfully arrested without warrant because he went to the police station six
(6) days after the shooting which he had allegedly perpetrated. Thus, petitioner argues, the crime had not
been just committed at the time that he was arrested. Moreover, none of the police officers who arrested
him had been an eyewitness to the shooting of Maguan and accordingly none had the personal knowledge
required for the lawfulness of a warrantless arrest. Since there had been no lawful warrantless arrest, Section
7, Rule 112 of the Rules of Court which establishes the only exception to the right to preliminary
investigation, could not apply in respect of petitioner.

Issue/s:

Whether or not a lawful warrantless arrest had been effected by the San Juan Police in respect of petitioner
Go; Whether petitioner had effectively waived his right to preliminary investigation.
Held:
1. No. The Court does not believe that the warrantless arrest or detention of petitioner in the instant case
falls within the terms of Section 5 of Rule 113 of the 1985 Rules on Criminal Procedure which provides as
follows:
Sec. 5. Arrest without warrant; when lawful. A peace officer or a private person may, without
a warrant, arrest a person;
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
(b) When an offense has in fact just been committed, and he has personal knowledge of facts
indicating that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another.
In cases falling under paragraphs (a) and (b) hereof, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail, and he shall be proceeded against in
accordance with Rule 112, Section 7.
Petitioners arrest took place six (6) days after the shooting of Maguan. The arresting officers
obviously were not present, within the meaning of Section 5(a), at the time petitioner had allegedly shot
Maguan. Neither could the arrest effected six (6) days after the shooting be reasonably regarded as
effected when [the shooting had] in fact just been committed within the meaning of Section 5 (b).
Moreover, none of the arresting officers had any personal knowledge of facts indicating that petitioner
was the gunman who had shot Maguan. The information upon which the police acted had been derived
from statements made by alleged eyewitnesses to the shooting one stated that petitioner was the gunman;
another was able to take down the alleged gunmans cars plate number which turned out to be registered
in petitioners wifes name. That information did not, however, constitute personal knowledge.
It is thus clear to the Court that there was no lawful warrantless arrest of petitioner within the
meaning of Section 5 of Rule 113.

2. No. In the circumstances of this case, the Court does not believe that by posting bail, petitioner had
waived his right to preliminary investigation. In People v. Selfaison, the Court held that appellants there
had waived their right to preliminary investigation because immediately after their arrest, they filed bail
and proceeded to trial without previously claiming that they did not have the benefit of a preliminary
investigation.
In the instant case, petitioner Go asked for release on recognizance or on bail and for preliminary
investigation in one omnibus motion. He had thus claimed his right to preliminary
investigation before respondent Judge approved the cash bond posted by petitioner and ordered his release
on 12 July 1991. Accordingly, the Court cannot reasonably imply waiver of preliminary investigation on
the part of petitioner. In fact, when the Prosecutor filed a motion in court asking for leave to conduct
preliminary investigation, he clearly if impliedly recognized that petitioners claim to preliminary
investigation was a legitimate one.

***XXX

Ang Tibay vs Court of Industrial Relations


69 Phil. 635 Political Law Constitutional Law Due Process in Administrative Bodies
Remedial Law Civil Procedure Motion For New Trial; Grounds

Teodoro Toribio owns and operates Ang Tibay, a leather company which supplies the Philippine
Army. Due to alleged shortage of leather, Toribio caused the lay off of a number of his employees.
However, the National Labor Union, Inc. (NLU) questioned the validity of said lay off as it averred that the
said employees laid off were members of NLU while no members of the rival labor union (National
Workers Brotherhood) were laid off. NLU claims that NWB is a company dominated union and Toribio
was merely busting NLU.
The case reached the Court of Industrial Relations (CIR) where Toribio and NWB won. Eventually,
NLU went to the Supreme Court invoking its right for a new trial on the ground of newly discovered
evidence. The Supreme Court agreed with NLU. The Solicitor General, arguing for the CIR, filed a motion
for reconsideration.

ISSUE: Whether or not the National Labor Union, Inc. is entitled to a new trial.

HELD: Yes. The records show that the newly discovered evidence or documents obtained by NLU, which
they attached to their petition with the SC, were evidence so inaccessible to them at the time of the trial that
even with the exercise of due diligence they could not be expected to have obtained them and offered as
evidence in the Court of Industrial Relations. Further, the attached documents and exhibits are of such far-
reaching importance and effect that their admission would necessarily mean the modification and reversal
of the judgment rendered (said newly obtained records include books of business/inventory accounts by
Ang Tibay which were not previously accessible but already existing).
The SC also outlined that administrative bodies, like the CIR, although not strictly bound by the Rules of
Court must also make sure that they comply to the requirements of due process. For administrative bodies,
due process can be complied with by observing the following:
(1) The right to a hearing which includes the right of the party interested or affected to present his own
case and submit evidence in support thereof.
(2) Not only must the party be given an opportunity to present his case and to adduce evidence tending
to establish the rights which he asserts but the tribunal must consider the evidence presented.
(3) While the duty to deliberate does not impose the obligation to decide right, it does imply a necessity
which cannot be disregarded, namely, that of having something to support its decision. A decision with
absolutely nothing to support it is a nullity, a place when directly attached.
(4) Not only must there be some evidence to support a finding or conclusion but the evidence must be
substantial. Substantial evidence is more than a mere scintilla It means such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion.
(5) The decision must be rendered on the evidence presented at the hearing, or at least contained in the
record and disclosed to the parties affected.
(6) The administrative body or any of its judges, therefore, must act on its or his own independent
consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in
arriving at a decision.
(7) The administrative body should, in all controversial questions, render its decision in such a manner
that the parties to the proceeding can know the various issues involved, and the reasons for the decisions
rendered. The performance of this duty is inseparable from the authority conferred upon it.

***XXX

2. EQUAL PROTECTION OF THE LAW (ART. III, SEC. 2)


The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the persons or
things to be seized. (ART. III, SEC. 2)

embraced in the concept of due process


embodied in a separate clause to provide for a more specific guaranty against undue
favoritism or hostility from the government
DUE PROCESS CLAUSE attacks ARBITRARINESS in general
EQUAL PROTECTION CLAUSE attacks UNWARRANTED PARTIALITY OR
PREJUDICE

SUBSTANTIVE EQUALITY all persons or things similarly situated should be treated alike,
both as to rights conferred and responsibilities imposed.

EQUALITY IN ENFORCEMENT OF THE LAW law be enforced and applied equally

A law which denies equal protection is the same with a law which permits such denial. (read
People vs Vera)

Requisites:
1. it must be based on substantial distinctions
2. it must be germane to the purposes of the law
3. it must not be limited to existing conditions only
- must be enforced as long as the problem sought to be corrected exists
4. it must apply equally well to all members of the class
- both as to rights conferred and obligations imposed

Meaning (Persons protected)


-All persons or things similarly situated should be treated alike, both as to rights conferred and
responsibilities imposed.
-Natural and juridical persons are entitled to this guarantee.
-With respect to juridical persons, they enjoy the protection only insofar as their property is
concerned.

Scope of Equality
-Economic
(1) Free access to courts
(2) Marine wealth reserved for Filipino citizens
(3) Reduction of social, economic and political inequalities
-Political
(1) Free access to courts
(2) Bona fide candidates being free from harassment/discrimination
(3) Reduction of social, economic and political inequalities
-Social

Valid Classification
(1) Substantial distinctions
(2) Germane to the purpose of the law
(3) Not limited to existing conditions only
(4) Must apply equally to all members of the same class
95 SCRA 392 Political Law Constitutional Law Equal Protection Eligibility to Office after
Being 65
Judicial Review; Requisites thereof
Patricio Dumlao was the former governor of Nueva Vizcaya. He has already retired from his office and he
has been receiving retirement benefits therefrom.
In 1980, he filed for reelection to the same office. Meanwhile, Batas Pambansa Blg. 52 was enacted. This
law provides, among others, that retirees from public office like Dumlao are disqualified to run for office.
Dumlao assailed the law averring that it is class legislation hence unconstitutional. In general, Dumlao
invoked equal protection in the eye of the law.
His petition was joined by Atty. Romeo Igot and Alfredo Salapantan, Jr. These two however have different
issues. The suits of Igot and Salapantan are more of a taxpayers suit assailing the other provisions of BP
52 regarding the term of office of the elected officials, the length of the campaign, and the provision which
bars persons charged for crimes from running for public office as well as the provision that provides that the
mere filing of complaints against them after preliminary investigation would already disqualify them from
office.
ISSUE: Whether or not Dumlao, Igot, and Salapantan have a cause of action.
HELD: No. The SC pointed out the procedural lapses of this case for this case should have never been
merged. Dumlaos issue is different from Igots. They have separate issues. Further, this case does not meet
all the requisites so that itd be eligible for judicial review. There are standards that have to be followed in
the exercise of the function of judicial review, namely: (1) the existence of an appropriate case; (2) an
interest personal and substantial by the party raising the constitutional question; (3) the plea that the function
be exercised at the earliest opportunity; and (4) the necessity that the constitutional question be passed upon
in order to decide the case.
In this case, only the 3rd requisite was met.
The SC ruled however that the provision barring persons charged for crimes may not run for public
office and that the filing of complaints against them and after preliminary investigation would already
disqualify them from office as null and void.
The assertion that BP 52 is contrary to the safeguard of equal protection is neither well taken. The
constitutional guarantee of equal protection of the laws is subject to rational classification. If the groupings
are based on reasonable and real differentiations, one class can be treated and regulated differently from
another class. For purposes of public service, employees 65 years of age, have been validly classified
differently from younger employees. Employees attaining that age are subject to compulsory retirement,
while those of younger ages are not so compulsorily retirable.
In respect of election to provincial, city, or municipal positions, to require that candidates should
not be more than 65 years of age at the time they assume office, if applicable to everyone, might or might
not be a reasonable classification although, as the Solicitor General has intimated, a good policy of the law
should be to promote the emergence of younger blood in our political elective echelons. On the other hand,
it might be that persons more than 65 years old may also be good elective local officials.
Retirement from government service may or may not be a reasonable disqualification for elective local
officials. For one thing, there can also be retirees from government service at ages, say below 65. It may
neither be reasonable to disqualify retirees, aged 65, for a 65-year old retiree could be a good local official
just like one, aged 65, who is not a retiree.
But, in the case of a 65-year old elective local official (Dumalo), who has retired from a provincial,
city or municipal office, there is reason to disqualify him from running for the same office from which he
had retired, as provided for in the challenged provision.

***XXX***
Forbes, Harding, Trowbridge vs. Chuoco Tiaco, Crossfiled

Presidential immunity from suit; president is immune from civil liability and may not be sued during
his tenure.

Facts:
This is an original action commenced in this court to secure a writ of prohibition against the
Hon. A. S. Crossfield, as one of the judges of the Court of First Instance of the city of Manila, to prohibit
him from taking or continuing jurisdiction in a certain case commenced and PENDING before him
in which Chuoco Tiaco (respondent herein) is plaintiff, and W. Cameron Forbes, J. E. Harding, and C. R.
Trowbridge (petitioners herein) are defendants.
The plaintiffs are W. Cameron Forbes is the Governor-General of the Philippine Islands and
CHIEF OF POLICE J. E. Harding and CHIEF OF THE SECRET SERVICE of the city of Manila C. R.
Trowbridge. Defendant A. S. Crossfield is one of the judges of the Court of First Instance of the city of
Manila. Defendant Chuoco Tiaco is a foreigner of Chinese nationality and a resident of the Philippine
Islands for the last 35 years having a family in the country and some properties. Chuoco Tiaco filed a
case for DAMAGES (monetary) alleging that defendants forcibly deported the plaintiff to China and
forcibly prevented his return for some months in violation of the right of the said plaintiff herein to be
and to remain in the Philippine Islands as established by law.
Crossfield issued an INHIBITION against Forbes et al from spelling or deporting or threatening
to expel or deport Chuoco Tiaco. Forbes, Harding, and Trowbridge sued for writs of prohibition
against the judge and the respective plaintiffs, alleging that the expulsion was carried out in the public
interest and at the request of the proper representative of the Chinese government in the Philippines,
and was immediately reported to the Secretary of War. The complaints were demurred to, but the Supreme
Court overruled the demurrers, granted the prohibition, and ordered the actions dismissed. The judge,
having declined to join in the applications for writs of error, was made a respondent, and the cases are here
on the ground that the plaintiffs have been deprived of liberty without due process of law.

Issue: WON the Governor General, as Chief Executive, can be sued in a civil action.

Ruling: The principle of nonliability, as herein enunciated, does not mean that the judiciary has no authority
to touch the acts of the Governor-General; that he may, under cover of his office, do what he will,
unimpeded and restrained. Such a construction would mean that tyranny, under the guise of the execution
of the law, could walk defiantly abroad, destroying rights of person and of property, wholly free from
interference of courts or legislatures. This does not mean, either, that a person injured by the executive
authority by an act unjustifiable under the law has no remedy, but must submit in silence. On the contrary,
it means, simply, that THE GOVERNOR-GENERAL, LIKE THE JUDGES OF THE COURTS AND
THE MEMBERS OF THE LEGISLATURE, MAY NOT BE PERSONALLY MULCTED IN CIVIL
DAMAGES FOR THE CONSEQUENCES OF AN EXECUTED IN THE PERFORMANCE OF HIS
OFFICIAL DUTIES. The judiciary has full power to, and will, when the matter is properly presented to
it and the occasion justly warrants it, declare an act of the Governor-General illegal and void and place as
nearly as possible in status quo any person who has been deprived of his liberty or his property by such act.
This remedy is assured every person, however humble or of whatever country, when his personal or
property rights have been invaded, even by the highest authority of the state. The thing which the judiciary
can not do is to mulct the Governor-General personally in damages which result from the
performance of his official duty, any more than it can a member of the Philippine Commission or the
Philippine Assembly. Public policy forbids it.

Neither does this principle of nonliability mean that the chief executive may not be personally
sued at all in relation to acts which he claims to perform as such official. On the contrary, it clearly
appears from the discussion heretofore had, particularly that portion which touched the liability of judges
and drew an analogy between such liability and that of the Governor-General, that the latter is liable when
he acts in a case so plainly outside of his power and authority that he can not be said to have exercised
discretion in determining whether or not he had the right to act. WHAT IS HELD HERE IS THAT HE
WILL BE PROTECTED FROM PERSONAL LIABILITY FOR DAMAGES NOT ONLY WHEN
HE ACTS WITHIN HIS AUTHORITY, BUT ALSO WHEN HE IS WITHOUT AUTHORITY,
PROVIDED HE ACTUALLY USED DISCRETION AND JUDGMENT, THAT IS, THE JUDICIAL
FACULTY, IN DETERMINING WHETHER HE HAD AUTHORITY TO ACT OR NOT. In other
words, he is entitled to protection in determining the question of his authority. If he decide wrongly,
he is still protected provided the question of his authority was one over which two men, reasonably
qualified for that position, might honestly differ; but he is not protected if the lack of authority to act
is so plain that two such men could not honestly differ over its determination. In such a case, he acts,
not as Governor-General, but as a private individual, and, as such, must answer for the consequences of his
act.

***XXX***

People vs Hernandez GR 6025-26 18 July 1956


Facts: Defendant-appellant Amado Hernandez is a bonafide member of Congress of Labor Organizations.
CLO is an affiliate of Hukbong Magpalayang Bayan, a known group performing rebellious activities.
Hernandez was charged and convicted of the crime of rebellion complexed with murders, arsons and
robbery and was sentenced to life imprisonment. Prosecution maintains that capital punishment may be
imposed for the crime he was convicted of. Defense contends that there is no complex crime in the crime
of rebellion. It was deemed best not to disturb the course of action taken by the lower court, which denied
bail to Hernandez, hence the motion to post bail.
Issue: Whether or not equal protection was observed in the administration of justice?
Decision: Motion for bail granted. The ingredients of a crime form part and parcel thereof, and, hence, are
absorbed by the same and cannot be punished either separately there from. Indeed, if one act constitutes
two or more offenses, there can be no reason to inflict a punishment graver than that prescribed for each
one of said offenses put together. In directing that the penalty for the graver offense be, in such case,
imposed in its maximum period, Article 48 could have had no other purpose than to prescribe a penalty
lower than the aggregate of the penalties for each offense, if imposed separately. The reason for this
benevolent spirit of Article 48 is readily discernible. When two or more crimes are the result of a single act,
the offender is deemed less perverse than when he commits said crimes thru separate and distinct acts.
Instead of sentencing him for each crime independently from the other, he must suffer the maximum of the
penalty for the more serious one, on the assumption that it is less grave than the sum total of the separate
penalties for each offense.
***XXX***
Almonte v. Vasquez, 244 SCRA 286
Facts: This is a case wherein respondent Ombudsman, requires petitioners Nerio Rogado and Elisa Rivera,
as chief accountant and record custodian, respectively, of the Economic Intelligence and Investigation
Bureau (EIIB) to produce "all documents relating to Personal Services Funds for the year 1988" and all
evidence such as vouchers from enforcing his orders.
Petitioner Almonte was formerly Commissioner of the EIIB, while Perez is Chief of the EIIB's
Budget and Fiscal Management Division. The subpoena duces tecum was issued by the Ombudsman in
connection with his investigation of an anonymous letter alleging that funds representing savings from
unfilled positions in the EIIB had been illegally disbursed. The letter, purporting to have been written by
an employee of the EIIB and a concerned citizen, was addressed to the Secretary of Finance, with copies
furnished several government offices, including the Office of the Ombudsman.
May be erased: [The letter reads in pertinent parts: that the EIIB has a syndicate headed by the
Chief of Budget Division who is manipulating funds and also the brain of the so called "ghost agents" or
the "Emergency Intelligence Agents" (EIA); that when the agency had salary differential last Oct '88 all
money for the whole plantilla were released and from that alone, Millions were saved and converted to
ghost agents of EIA; Almost all EIIB agents collects payroll from the big time smuggler syndicate monthly
and brokers every week for them not to be apprehended.]
In his comment on the letter-complaint, petitioner Almonte denied all the allegations written on the
anonymous letter. Petitioners move to quash the subpoena and the subpoena duces tecum but was denied.
Disclosure of the documents in question is resisted with the claim of privilege of an agency of the
government on the ground that "knowledge of EIIB's documents relative to its Personal Services Funds and
its plantilla . . . will necessarily [lead to] knowledge of its operations, movements, targets, strategies, and
tactics and the whole of its being" and this could "destroy the EIIB."

Issue: Whether petitioners can be ordered to produce documents relating to personal services and salary
vouchers of EIIB employees on the plea that such documents are classified without violating their equal
protection of laws.

Held: YES. At common law a governmental privilege against disclosure is recognized with respect to state
secrets bearing on military, diplomatic and similar matters and in addition, privilege to withhold the identity
of persons who furnish information of violation of laws. In the case at bar, there is no claim that military or
diplomatic secrets will be disclosed by the production of records pertaining to the personnel of the EIIB.
Indeed, EIIB's function is the gathering and evaluation of intelligence reports and information regarding
"illegal activities affecting the national economy, such as, but not limited to, economic sabotage, smuggling,
tax evasion, dollar salting." Consequently, while in cases which involve state secrets it may be sufficient to
determine from the circumstances of the case that there is reasonable danger that compulsion of the evidence
will expose military matters without compelling production, no similar excuse can be made for a privilege
resting on other considerations.
The Ombudsman is investigating a complaint that several items in the EIIB were filled by fictitious
persons and that the allotments for these items in 1988 were used for illegal purposes. The plantilla and
other personnel records are relevant to his investigation as the designated protectors of the people of the
Constitution.
Nor is there violation of petitioners' right to the equal protection of the laws. Petitioners complain
that "in all forum and tribunals . . . the aggrieved parties . . . can only hale respondents via their verified
complaints or sworn statements with their identities fully disclosed," while in proceedings before the Office
of the Ombudsman anonymous letters suffice to start an investigation. In the first place, there can be no
objection to this procedure because it is provided in the Constitution itself. In the second place, it is apparent
that in permitting the filing of complaints "in any form and in a manner," the framers of the Constitution
took into account the well-known reticence of the people which keep them from complaining against
official wrongdoings. As this Court had occasion to point out, the Office of the Ombudsman is different
from the other investigatory and prosecutory agencies of the government because those subject to its
jurisdiction are public officials who, through official pressure and influence, can quash, delay or dismiss
investigations held against them. On the other hand complainants are more often than not poor and simple
folk who cannot afford to hire lawyers.
Finally, it is contended that the issuance of the subpoena duces tecum would violate petitioners'
right against self-incrimination. It is enough to state that the documents required to be produced in this case
are public records and those to whom the subpoena duces tecum is directed are government officials in
whose possession or custody the documents are. Moreover, if, as petitioners claim the disbursement by the
EII of funds for personal service has already been cleared by the COA, there is no reason why they should
object to the examination of the documents by respondent Ombudsman.

***XXX***

Mirasol v. DPWH GR No. 158793 8 June 2006 Carpio, J.

In 1957, RA 2000 (Limited Highways Act) was enacted. Subsequently, DPWH Administrative Order 1
(prohibiting motorcycles on limited access highways), DPWH Department Order 74 (declaring certain
portions of the NLEX and SLEX as limited access facilities), and DPWH Department Order 215 (declaring
Coastal Road as a limited access facility) were issued.

James Mirasol, Richard Santiago, and the Luzon Motorcyclists Federation, Inc. sought to have the DPWH
issuances invalidated for violating RA 2000. Consequently, the Toll Regulatory Board issued Department
Order 123, which allowed motorcycles with engine displacements of 400cc inside limited access facilities.

The trial court dismissed the petition but declared DO 123 invalid.

Issue: W/N Administrative Order 1 is unconstitutional for violating the equal protection clause.

Rulling: NO. It is neither warranted nor reasonable to say that the only justifiable classification among
modes of transport is the motorized against the non-motorized. Not all motorized vehicles are created equal.
Real and substantial differences exist between a motorcycle and other forms of transport sufficient to justify
its classification among those prohibited from plying the tollways. The most obvious and troubling
difference would be that a two-wheeled vehicle is less stable and more easily overturned than a four-
wheeled vehicle. Public interest and safety require the imposition of certain restrictions on tollways that do
not apply to ordinary roads. As a special kind of road, it is but reasonable that not all forms of transport
could use it.

Dontrine: Classification by itself is not prohibited. It can only be assailed if it is deemed invidious, that is,
if it is not based on substantial differences.

A police power measure may be assailed upon proof that it unduly violates constitutional limitations like
due process and equal protection of the law.

***XXX***

Ormoc Sugar Co. Inc. v Treasurer of Ormoc City 22 SCRA 603 (1968)

Facts: On January 29, 1964, the Municipal Board of Ormoc City passed Ordinance No. 4, Series of 1964,
imposing "on any and all productions of centrifugal sugar milled at the Ormoc Sugar Company, Inc.,
in Ormoc City a municipal tax equivalent to one per centum (1%) per export sale to the United States of
America and other foreign countries." Payments for said tax were made, under protest, by Ormoc Sugar
Company, Inc. on March 20, 1964 for P7, 087.50 and on April 20, 1964 for P5, 000, or a total of P12,
087.50.
On June 1, 1964, Ormoc Sugar Company, Inc. filed before the Court of First Instance of Leyte,
with service of a copy upon the Solicitor General, a complaint against the City of Ormoc as well as its
Treasurer, Municipal Board and Mayor, alleging that the afore-stated ordinance is unconstitutional for being
violative of the equal protection clause (Sec. 1[1], Art. III, Constitution) and the rule of uniformity of
taxation (Sec. 22[1]), Art. VI, Constitution).
Answering, the defendants asserted that the tax ordinance was within defendant city's power to
enact under the Local Autonomy Act and that the same did not violate the afore-cited constitutional
limitations. After pre-trial and submission of the case on memoranda, the Court of First Instance, on August
6, 1964, rendered a decision that upheld the constitutionality of the ordinance and declared the taxing power
of defendant chartered city broadened by the Local Autonomy Act to include all other forms of taxes,
licenses or fees not excluded in its charter.

Issues: (1) Whether or Not the ordinance is unconstitutional for being violative of the equal protection
clause under Sec. 1[1], Art. III, Constitution.
(2) Whether or not it was violative of the rule of uniformity of taxation under the Bill of Rights,
Sec. 22[1], Art. VI, Constitution.

Held: The Constitution in the bill of rights provides: ". . . nor shall any person be denied the equal protection
of the laws." (Sec. 1 [1], Art. III) In Felwa vs. Salas, We ruled that the equal protection clause applies only
to persons or things identically situated and does not bar a reasonable classification of the subject of
legislation, and a classification is reasonable where (1) it is based on substantial distinctions which make
real differences; (2) these are germane to the purpose of the law; (3) the classification applies not only to
present conditions but also to future conditions which are substantially identical to those of the present; (4)
the classification applies only to those who belong to the same class.
A perusal of the requisites instantly shows that the questioned ordinance does not meet them, for it
taxes only centrifugal sugar produced and exported by the Ormoc Sugar Company, Inc. and none other. At
the time of the taxing ordinance's enactment, Ormoc Sugar Company, Inc., it is true, was the only sugar
central in the city of Ormoc. Still, the classification, to be reasonable, should be in terms applicable to future
conditions as well. The taxing ordinance should not be singular and exclusive as to exclude any
subsequently established sugar central, of the same class as plaintiff, for the coverage of the tax. As it is
now, even if later a similar company is set up, it cannot be subject to the tax because the ordinance expressly
points only to Ormoc City Sugar Company, Inc. as the entity to be levied upon.
Appellant, however, is not entitled to interest; on the refund because the taxes were not arbitrarily
collected (Collector of Internal Revenue v. Binalbagan). 6 At the time of collection, the ordinance provided
a sufficient basis to preclude arbitrariness, the same being then presumed constitutional until declared
otherwise.
Wherefore, the decision appealed from is hereby reversed, the challenged ordinance is declared
unconstitutional and the defendants-appellees are hereby ordered to refund the P12, 087.50 plaintiff-
appellant paid under protest. No costs. So ordered.

***XXX***

EQUAL PROTECTION OF LAW (Case Digest)

Philippine Judges Association vs Prado, 227 SCRA 703, CRUZ, J .:

FACTS: The main target of this petition is **Section 35 of R.A. No. 7354. These measures withdraw the
franking privilege from the SC, CA, RTC, MTC and the Land Registration Commission and its Registers
of Deeds, along with certain other government offices. The petitioners are members of the lower courts
who feel that their official functions as judges will be prejudiced by the above-named measures. The petition
assails the constitutionality of R.A. No. 7354 (see ISSUE for the grounds stated by the petitioners).

ISSUE: WON RA No.7354 is unconstitutional based on the following grounds:


1) its *title embraces more than one subject and does not express its purposes;
(2) It did not pass the required readings in both Houses of Congress and printed copies of the bill in its final
form were not distributed among the members before its passage; and
(3) It is discriminatory and encroaches on the independence of the Judiciary.

HELD:
1. The petitioners' contention is untenable. The title of the bill is not required to be an index to the body of
the act, or to be as comprehensive as to cover every single detail of the measure. It has been held that if the
title fairly indicates the general subject, and reasonably covers all the provisions of the act, and is not
calculated to mislead the legislature or the people, there is sufficient compliance with the constitutional
requirement. In the case at bar, the repealing clause which includes the withdrawal of franking privileges
is merely the effect and not the subject of the statute; and it is the subject, not the effect of a law, which is
required to be briefly expressed in its title.

2. This argument is unacceptable. While a conference committee is the mechanism for compromising
differences between the Senate and the House, it is not limited in its jurisdiction to this question. It may
propose an entirely new provision. The court also added that said the bill in question was duly approved by
the Senate and the House of Representatives. It was enrolled with its certification by Senate President and
Speaker of the House of Representatives. It was then presented to and approved by President the President.
Under the doctrine of separation powers, the Court may not inquire beyond the certification of the approval
of a bill from the presiding officers of Congress. An enrolled bill is conclusive upon the Judiciary. The
court therefore declined to look into the petitioners' charges. Both the enrolled bill and the legislative
journals certify that the measure was duly enacted. The court is bound by such official assurances from a
coordinate department of the government.

3. Yes, the clause denies the Judiciary the equal protection of the laws guaranteed for all persons or things
similarly situated. The distinction made by the law is superficial. It is not based on substantial distinctions
that make real differences between the Judiciary and the grantees of the franking privilege (Pres, VP,
Senators etc.). If the problem of the respondents is the loss of revenues from the franking privilege, the
remedy, it seems to us, is to withdraw it altogether from all agencies of government. The problem is not
solved by retaining it for some and withdrawing it from others, especially where there is no substantial
distinction between those favored, which may or may not need it at all, and the Judiciary, which definitely
needs it.

Therefore, Sec 35 of RA 7345 is UNCONSTITUTIONAL.

-----------------------

* "An Act Creating the Philippine Postal Corporation, Defining its Powers, Functions and Responsibilities,
Providing for Regulation of the Industry and for Other Purposes Connected Therewith."

** Sec. 35. Repealing Clause. All acts, decrees, orders, executive orders, instructions, rules and
regulations or parts thereof inconsistent with the provisions of this Act are repealed or modified
accordingly.

All franking privileges authorized by law are hereby repealed, except those provided for under
Commonwealth Act No. 265, Republic Acts Numbered 69, 180, 1414, 2087 and 5059. The Corporation
may continue the franking privilege under Circular No. 35 dated October 24, 1977 and that of the Vice
President, under such arrangements and conditions as may obviate abuse or unauthorized use thereof.

***XXX***
PEOPLE VS JALOSJOS, GR 132875-76 FEBRUARY 03, 2000
Facts: The accused-appellant, Romeo Jalosjos, is a full-fledged member of Congress who is confined at
the national penitentiary while his conviction for statutory rape and acts of lasciviousness is pending appeal.
The accused-appellant filed a motion asking that he be allowed to fully discharge the duties of a
Congressman, including attendance at legislative sessions and committee meetings despite his having been
convicted in the first instance of a non-bailable offense on the basis of popular sovereignty and the need for
his constituents to be represented.
Issue: Whether or not accused-appellant should be allowed to discharge mandate as member of House of
Representatives

Held: Election is the expression of the sovereign power of the people. However, inspite of its importance,
the privileges and rights arising from having been elected may be enlarged or restricted by law.
The immunity from arrest or detention of Senators and members of the House of Representatives
arises from a provision of the Constitution. The privilege has always been granted in a restrictive sense.
The provision granting an exemption as a special privilege cannot be extended beyond the ordinary meaning
of its terms. It may not be extended by intendment, implication or equitable considerations.
The accused-appellant has not given any reason why he should be exempted from the operation of
Sec. 11, Art. VI of the Constitution. The members of Congress cannot compel absent members to attend
sessions if the reason for the absence is a legitimate one. The confinement of a Congressman charged with
a crime punishable by imprisonment of more than six years is not merely authorized by law, it has
constitutional foundations. To allow accused-appellant to attend congressional sessions and committee
meetings for 5 days or more in a week will virtually make him a free man with all the privileges appurtenant
to his position. Such an aberrant situation not only elevates accused-appellants status to that of a special
class, it also would be a mockery of the purposes of the correction system.
***XXX***
240. TIU VS CA, G.R. No. 127410. January 20, 1999(Equal Protection of the Law)
FACTS: Congress, with the approval of the President, passed into law RA 7227 entitled "An Act
Accelerating the Conversion of Military Reservations into Other Productive Uses, Creating the Bases
Conversion and Development Authority for this Purpose, Providing Funds Therefor and for Other
Purposes." Section 12 thereof created the Subic Special Economic Zone and granted there to special
privileges. President Ramos issued Executive Order No. 97, clarifying the application of the tax and duty
incentives. The President issued Executive Order No. 97-A, specifying the area within which the tax-and-
duty-free privilege was operative. The petitioners challenged before this Court the constitutionality of EO
97-A for allegedly being violative of their right to equal protection of the laws. This Court referred the
matter to the Court of Appeals. Proclamation No. 532 was issued by President Ramos. It delineated the
exact metes and bounds of the Subic Special Economic and Free Port Zone, pursuant to Section 12 of RA
7227.Respondent Court held that "there is no substantial difference between the provisions of EO 97-A and
Section 12 of RA 7227. In both, the 'Secured Area' is precise and well-defined as '. . . the lands occupied
by the Subic Naval Base and its contiguous extensions as embraced, covered and defined by the 1947
Military Bases Agreement between the Philippines and the United States of America, as amended . . .'"
ISSUE: Whether or not Executive Order No. 97-A violates the equal protection clause of the Constitution
HELD: No. The Court found real and substantive distinctions between the circumstances obtaining inside
and those outside the Subic Naval Base, thereby justifying a valid and reasonable classification. The
fundamental right of equal protection of the laws is not absolute, but is subject to reasonable classification.
If the groupings are characterized by substantial distinctions that make real differences, one class may be
treated and regulated differently from another. The classification must also be germane to the purpose of
the law and must apply to all those belonging to the same class. Classification, to be valid, must (1) rest on
substantial distinctions,(2) be germane to the purpose of the law,(3) not be limited to existing conditions
only, and(4) apply equally to all members of the same class. The Supreme Court believed it was reasonable
for the President to have delimited the application of some incentives to the confines of the former Subic
military base. It is this specific area which the government intends to transform and develop from its status
quo ante as an abandoned naval facility into a self-sustaining industrial and commercial zone, particularly
for big foreign and local investors to use as operational bases for their businesses and industries.
***XXX***
TELECOMMUNICATIONS AND BROADCAST ATTORNEYS OF THE PHILIPPINES, INC.
and GMA NETWORK, INC., petitioners, vs. THE COMMISSION ON ELECTIONS, respondent.
[G.R. No. 132922. April 21, 1998]
(EQUAL PROTECTION CLAUSE)

FACTS: Petitioner Telecommunications and Broadcast Attorneys of the Philippines, Inc. (TELEBAP) is
an organization of lawyers of radio and television broadcasting companies. They are suing as citizens,
taxpayers and registered voters. It was declared to be without legal standing to sue in this case as, among
other reasons, it was not able to show that it was to suffer from actual or threatened injury as a result of the
subject law. Other petitioner, GMA Network, Inc., appears to have the requisite standing to bring this
constitutional challenge. Petitioner operates radio and television broadcast stations in the Philippines
affected by the enforcement of Sec. 92 of B.P Blg. 881 requiring radio and television broadcast companies
to provide free air time to the COMELEC for the use of candidates for campaign and other political
purposes. Petitioners challenge the validity of Sec. 92 on the ground (1) that it takes property without due
process of law and without just compensation; (2) that it denies radio and television broadcast companies
the equal protection of the laws; and (3) that it is in excess of the power given to the COMELEC to supervise
or regulate the operation of media of communication or information during the period of election. Petitioner
claims that it suffered losses running to several million pesos in providing COMELEC Time in connection
with the 1992 presidential election and 1995 senatorial election and that it stands to suffer even more should
it be required to do so again this year. Petitioners claim that the primary source of revenue of the radio and
television stations is the sale of air time to advertisers and to require these stations to provide free air time
is to authorize unjust taking of private property. According to petitioners, in 1992 it lost P22,498,560.00 in
providing free air time for one hour each day and, in this years elections, it stands to lost P58,980,850.00
in view of COMELECs requirement that it provide at least 30 minutes of prime time daily for COMELEC
Time.

ISSUES: (1) Whether or not Section 92 of B.P. No. 881 denies radio and television broadcast companies
the equal protection of the laws.
(2) Whether or not Section 92 of B.P. No. 881 constitutes taking of property without due process
of law and without just compensation.

RULING: Petitioners argument is without merit. All broadcasting, whether radio or by television stations,
is licensed by the government. Airwave frequencies have to be allocated as there are more individuals who
want to broadcast that there are frequencies to assign. Radio and television broadcasting companies, which
are given franchises, do not own the airwaves and frequencies through which they transmit broadcast
signals and images. They are merely given the temporary privilege to use them. Thus, such exercise of the
privilege may reasonably be burdened with the performance by the grantee of some form of public service.
In granting the privilege to operate broadcast stations and supervising radio and television stations, the state
spends considerable public funds in licensing and supervising them.
The argument that the subject law singles out radio and television stations to provide free air time
as against newspapers and magazines which require payment of just compensation for the print space they
may provide is likewise without merit. Regulation of the broadcast industry requires spending of public
funds which it does not do in the case of print media. To require the broadcast industry to provide free air
time for COMELEC is a fair exchange for what the industry gets.
As radio and television broadcast stations do not own the airwaves, no private property is taken by
the requirement that they provide air time to the COMELEC. The use of property bears a social function
and is subject to the states duty to intervene for the common good. Broadcast media can find their just and
highest reward in the fact that whatever altruistic service they may render in connection with the holding
of elections is for that common good.
For the foregoing reasons, the petition is dismissed.

***XXX***