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G.R. No. L-6266 February 2, 1953 Accordingly the National Assembly passed Commonwealth Act No.

671,
declaring (in section 1) the national policy that "the existence of war between
EULOGIO RODRIGUEZ, SR., ETC., ET AL., petitioners, the United States and other countries of Europe and Asia, which involves the
vs. Philippines makes it necessary to invest the President with extraordinary
VICENTE GELLA, ETC., ET AL., respondents. powers in order to meet the resulting emergency," and (in section 2)
authorizing the President, "during the existence of the emergency, to
Eulogio Rodriguez, Sr., Lorenzo M. Tañada, Claro M. Recto, Jose P. Laurel, promulgate such rules and regulations as he may deem necessary to carry
Jesus Barrera and Leon Ma. Guerrero for petitioner. out the national policy declared in section 1."
Office of the Solicitor General Juan R. Liwag and Solicitor Martiniano P. Vivo
for respondents. As the Act was expressly in pursuance of the constitutional provision, it has
to be assumed that the National Assembly intended it to be only for a limited
PARAS, C.J.: period. If it be contended that the Act has not yet been duly repealed, and
such step is necessary to a cessation of the emergency powers delegated to
As a fitting foreword, it may be recalled that on a previous occasion, on the President, the result would be obvious unconstitutionality, since it may
August 26, 1949 to be exact, this court had already passed upon the status never be repealed by the Congress, or if the latter ever attempts to do so,
of Commonwealth Act No. 671, approved on December 16, 1941, "declaring the President may wield his veto. This eventuality has in fact taken place
a state of total emergency as a result of war involving the Philippines and when the President disapproved House Bill No. 727, repealing all
authorizing the President to promulgate rules and regulations to meet such Emergency Powers Acts. The situation will make the Congress and the
emergency." Five members held that the Act ceased to be operative in its President or either as the principal authority to determine the indefinite
totality, on May 25, 1946 (when the Congress convened in special session) duration of the delegation of legislative powers, — in palpable repugnance to
according to Chief Justice Moran. Justice Bengzon, Padilla, Montemayor, the constitutional provision that any grant thereunder must be for a limited
Reyes and Torres in effect concluded that the powers delegated to the period, necessarily to be fixed in the law itself and not dependent upon the
President had been withdrawn as to matters already legislated upon by the arbitrary or elastic will of either the Congress or the President.
Congress or on which the latter had demonstrated its readiness or ability to
act. Executive Orders No. 62 (dated June 21, 1947) regulating house and lot Although House Bill No. 727, had been vetoed by the President and did not
rentals, No. 192 (dated December 24, 1948) regulating exports, Nos. 225 thereby become a regular statute, it may at least be considered as a
and 226 (dated June 15,1949) the first appropriation funds for the operation concurrent resolution of the Congress formally declaring the termination of
of the Government from July 1, 1949 to June 30, 1950, and the second the emergency powers. To contend that the Bill needed presidential
appropriating funds for election expenses in November 1949, were therefore acquiescence to produce effect, would lead to the anomalous, if not absurd,
declared null and void for having been issued after Act No. 671 had lapsed situation that, "while Congress might delegate its power by a simple majority,
and/or after the Congress had enacted legislation on the same subjects.1 it might not be able to recall them except by two-third vote. In other words, it
would be easier for Congress to delegate its powers than to take them back.
More or less the same considerations that influenced our pronouncement of This is not right and is not, and ought not to be the law."2
August 26, 1949 are and should be controlling in the case now before us,
wherein the petitioners seek to invalidate Executive Orders Nos. 545 and Act No. 671 may be likened to an ordinary contract of agency, whereby the
546 issued on November 10, 1952, the first appropriating the sum of consent of the agent is necessary only in the sense that he cannot be
P37,850,500 for urgent and essential public works, and the second setting compelled to accept the trust, in the same way that the principal cannot be
aside the sum of P11,367,600 for relief in the provinces and cities visited by forced to keep the relation in eternity or at the will of the agent. Neither can it
typhoons, floods, droughts, earthquakes, volcanic action and other be suggested that the agency created under the Act is coupled with interest.
calamities.
The logical view consistent with constitutionality is to hold that the powers
Section 26 of Article VI of the Constitution provides that "in times of war or lasted only during the emergency resulting from the last world war which
other national emergency, the Congress may by law authorize the President, factually involved the Philippines when Act No. 671 was passed on
for a limited period and subject to such restrictions as it may prescribe, to December 16, 1941. That emergency, which naturally terminated upon the
promulgate rules and regulations to carry out a declared national policy." ending of the last world war, was contemplated by the members of the

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National Assembly on the foresight that the actual state of war could prevent
it from holding its next regular session. This is confirmed by the following As a matter of fact, the President, in returning to the Congress without his
statement of President Quezon: "When it became evident that we were signature House Bill No. 727, did not invoke any emergency resulting from
completely helpless against air attack and that it was most unlikely the the last world war, but only called attention to an impending emergency that
Philippine Legislature would hold its next regular session which was to open may be brought about by present complicated and troubled world conditions,
on January 1, 1942, the National Assembly passed into history approving a and to the fact that our own soldiers are fighting and dying in Korea in
resolution which reaffirmed the abiding faith of the Filipino people in, and defense of democracy and freedom and for the preservation of our Republic.
their loyalty to, the United States. The Assembly also enacted a law granting The emergency thus feared cannot, however, be attributed to the war
the President of the Philippines all the powers that under the Philippine mentioned in Act No. 671 and fought between Germany and Japan on one
Constitution may be delegated to him in time of war."3 When President side and the Allied Powers on the other; and indications are that in the next
Quezon said "in time of war", he an doubtedly meant such factual war as world war, if any, the communist countries will be aligned against the
that then raging. democracies. No departure can be made from the national policy declared in
section 1 of Act No. 671. New powers may be granted as often as
As early as July 26, 1948, the Congress categorically declared that "since emergencies contemplated in the Constitution arise.
liberation conditions have gradually returned to normal, but not so with
regard to those who have suffered the ravages of war and who have not There is no point in the argument that the Philippines is still technically at
received any relief for the loss and destruction resulting therefrom," and that war with Japan pending the ratification of the peace treaty. In the first place,
"the emergency created by the last war as regards these war sufferers being Act No. 671 referred to a factual war. In the second place, the last world war
still existent, it is the declared policy of the state that as to them the debt was between the United States and Japan, the Philippines being involved
moratorium should be continued in force in a modified form."4 It is important only because it was then under American sovereignty. In the third place, the
to remember that Republic Act No. 342 in which this declaration was made United States had already signed the peace treaty with Japan, and the
bore the approval of the President. Indeed, the latter in his speech delivered Philippines has become an independent country since July 4, 1946.
on July 4, 1949, plainly proclaimed that "what emergencies it (the Republic)
faces today are incidental passing rains artificially created by seasonal It is pointed out that the passage of House Bill No. 727 is inconsistent with
partisanship, very common among democracies but will disappear with the the claim that the emergency powers are non-existent. But, from the debates
rains that follow the thunderclaps not later than November 8 of this year," — in the House, it is patent that the Bill had to be approved merely to remove
an admission, that such emergencies not only are not total but are not the all doubts, especially because this Court had heretofore failed, for lack of
result of the last war as envisaged in Act No. 671. necessary majority, to declare Act No. 671 entirely inoperative.

If more is necessary to demonstrate the unmistakable stand of the legislative Reliance is placed on the petition of about seventy Congressmen and
department on the alleged existence of emergency, reference may be had to Senators and on House Resolution No. 99, urging the President to release
House Bill No. 727, hereinbefore referred to, repealing all Emergency and appropriate funds for essential and urgent public works and for relief in
Powers Acts. the typhoon-stricken areas. It is enough to state, in reply, that the said
petition and resolution cannot prevail over the force and effect of House Bill
Moreover, section 26 of Article VI of the constitution, in virtue of which Act No. 727 formally passed by two chambers of the Congress. If faith can be
No. 671 was passed, authorizes the delegation of powers by the Congress accorded to the resolution of one house, there is more reason for accepting
(1) in times of war or (2) other national emergency. The emergency the solemn declarations of two houses.
expressly spoken of in the title and in section 1 of the Act is one "in time of
war," as distinguished from "other national emergency" that may arise as an Even under the theory of some members of this court that insofar as the
after-effect of war or from natural causes such as widespread earthquakes, Congress had shown its readiness or ability to act on a given matter, the
typhoons, floods, and the like. Certainly the typhoons that hit some emergency powers delegated to the President had been pro tanto
provinces and cities in 1952 not only did not result from the last world war withdrawn, Executive Orders Nos. 545 and 546 must be declared as having
but were and could not have been contemplated by the legislators. At any no legal anchorage. We can take judicial notice of the fact that the Congress
rate, the Congress is available for necessary special sessions, and it cannot has since liberation repeatedly been approving acts appropriating funds for
let the people down without somehow being answerable thereover. the operation of the Government, public works, and many others purposes,

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with the result that as to such legislative task the Congress must be deemed
to have long decided to assume the corresponding power itself and to Feria, Pablo and Tuason, JJ., concur.
withdraw the same from the President. If the President had ceased to have Bengzon, J., concur in the result.
powers with regards to general appropriations, none can remain in respect
of special appropriations; otherwise he may accomplish indirectly what he Separate Opinions
cannot do directly. Besides, it is significant that Act No. 671 expressly limited
the power of the President to that continuing "in force" appropriations which PADILLA, J., concurring:
would lapse or otherwise become inoperative, so that, even assuming that
the Act is still effective, it is doubtful whether the President can by executive "All appropriation, revenue or tariff bills . . . shall originate exclusively in the
orders make new appropriations. The specific power "to continue in force House of Representatives, but the Senate may propose or concur with
laws and appropriations which would lapse or otherwise become amendments."1 "No money shall be paid out of the Treasury except in
inoperative" is a limitation on the general power "to exercise such other pursuance of an appropriation made by law."2 The authority or power to
powers as he may deem necessary to enable the Government to fulfill its appropriate government funds to be spent for public purposes is lodged
responsibilities and to maintain and enforce its authority." Indeed, to hold exclusively in the Congress because it is purely and essentially a legislative
that although the Congress has, for about seven years since liberation, been function. The legislative power to appropriate government funds for public
normally functioning and legislating on every conceivable field, the President purposes lodged exclusively in the Congress may, however, be delegated to
still has any residuary powers under the Act, would necessarily lead to the President "in times of war or other national emergency," "for a limited
confusion and overlapping, if not conflict. period and subject to such restrictions as it may prescribe," "to carry out a
declared national policy."3 This constitutional provision has no counterpart in
Shelter may not be sought in the proposition that the President should be the Constitution of the United States of America and in those patterned after
allowed to exercise emergency powers for the sake of speed and it. Under this provision of the Constitution several emergency powers acts,
expediency in the interest and for the welfare of the people, because we notably Com. Acts Nos. 600 and 671, were passed.4 Being a deviation from
have the Constitution, designed to establish a government under a regime of the principle of separation of powers the delegation of legislative powers
justice, liberty and democracy. In line with such primordial objective, our authorized by the Constitution may validly be made only by adhering strictly
Government is democratic in form and based on the system of separation of to its spirit and letter. Pursuant thereto the legislative authority or power to
powers. Unless and until changed or amended, we shall have to abide by be granted or delegated to the President by the Congress must be "in times
the letter and spirit of the Constitution and be prepared to accept the of war or other national emergency" and "for a limited period and subject to
consequences resulting from or inherent in disagreements between, inaction such restrictions as it may prescribe," and the Congress has to pass a law
or even refusal of the legislative and executive departments. Much as it is for that purpose. The reason why the Constitution is silent on or does not
imperative in some cases to have prompt official action, deadlocks in and provide for the manner the delegation of legislative powers may be
slowness of democratic processes must be preferred to concentration of withdrawn, revoked or ended, is because if it is for a limited period it lapses
powers in any one man or group of men for obvious reasons. The framers of at the end of the period and because if the war or other national emergency
the Constitution, however, had the vision of and were careful in allowing which prompted it ceases the delegation of legislative powers ceases also
delegation of legislative powers to the President for a limited period "in times ipso facto. A law which delegates such powers to the President for an
of war or other national emergency." They had thus entrusted to the good indefinite period would be unconstitutional because it is against the express
judgment of the Congress the duty of coping with any national emergency by provision of the Constitution. It would be an abdication of legislative powers.
a more efficient procedure; but it alone must decide because emergency in If the law which delegates legislative powers does not fix or provide for a
itself cannot and should not create power. In our democracy the hope and period of time within or during which the President may exercise them and
survival of the nation lie in the wisdom and unselfish patriotism of all officials there is dispute or doubt as to whether the national emergency which
and in their faithful adherence to the Constitution. prompted the Congress to pass the law delegating legislative powers to the
President continues or has ceased, such dispute or doubt may be
Wherefore, Executive Orders Nos. 545 and 546 are hereby declared null determined in an appropriate case by the courts. Another way of terminating
and void, and the respondents are ordered to desist from appropriating, such delegation is by the Congress itself which made the delegation. To
releasing, allotting, and expending the public funds set aside therein. So withdraw, terminate or revoke the delegation of legislative powers to the
ordered, without costs. President a concurrent resolution would be sufficient.5 The concurrence of

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it repeals itself with the cessation of the emergency." and that for that reason the Congress repealed all Emergency this opinion of Mr. 692 introduced by President had already ceased. and for that reason the revocation of the legislative powers delegated to him was ineffective for lack of such concurrence. not the executive being the department of the Government exclusively clothed or vested with the authority and power to make such a declaration. legislative powers delegated to the President the Congress did so by passing a bill evincing its intention to have his assent. termination or revocation of the legislative bill passed by both houses. 727. that in withdrawing. I concur in disappeared. concurs. at least during his incumbency or tenure of office. upon which the exercise of those delegated powers. Justice Padilla. and taking House Bill No. No. considering that said Act consolidated bill passed is based. The absence of constitutional body empowered and authorized to make the revocation. as a for-the-record pronouncement on the part of Powers Acts the Congress intended to have the concurrence of the the legislative branch of the Government that the emergency which impelled President be upheld. The congress could not have meant or intended to subordinate law which delegated legislative powers to him would suffer from a fatal its opinion or judgment that the war had ended and that the national defect. vice. To determine what the It being repugnant to the spirit of the Constitution to let Commonwealth Act Congress intended when it passed the bill repealing the Emergency Powers No. and because the refusal should be granted. But I also agree to the above views of Mr. however. No. regardless of whether the reason or reasons for the grant of the authority to exercise such I have signed the majority opinion. as heretofore stated. 727 by Congressman Zosa. It is claimed that just as the delegation of legislative powers to the President In passing the bill the Congress committed a mistake in the matter of form is to be made by means of a law which requires the concurrence of the but not of substance because the latter is there in the explanatory note of the President.. 671 degenerate into a grant in perpetuity of legislative powers to the Acts — the Senate approved it unanimously — form must give way to Executive. the the legislative powers delegated to him. it is declared "that war had long ended. lastly. concurring: give. or infirmity which would render such delegation unconstitutional emergency had ceased to exist to that of the President.. legislative powers to the in itself. he has to concur and revocation of the delegation of such powers. so the withdrawal. which he refused to REYES. In other words. 545 and 546 Convention to require the concurrence of the President to make there which appropriate government funds for public works and relief for the vocation valid and effective. J. If the contention that in passing the bill repealing the Emergency vetoed by the President.the President is superfluous and unnecessary. 4 ." does not have to be repealed by another Act because. J. concurring: powers. The writ of prohibition prayed for such delegation be for a limited period of time only. termination or revocation of the legislative powers delegated to legislative powers which had been revoked by the Congress. because. and." that "the need powers delegated to him must also be with his concurrence and approval. to wit: "that war had long ended." and The reason for the requirements that a law be passed to make the that for that reason it repealed all the Emergency Powers Acts. terminating or revoking the Labrador. constitutional provision on how it should be done and carried out is not due to an oversight or to an intention of the members of the Constitutional For this reasons I am of the opinion that Executive Orders No. as an emergency that "the need for the grant of such unusual powers to the President has measure. through the said Commonwealth Act. J. the legislative and for lack of time limitation prescribed and ordained by the Constitution. Justice Padilla. to concur in by a President bent on or inclined to continue exercising legislative powers delegated to him would result in a delegation of legislative BENGZON. It was a complete and absolute President may hold a different view. the law legal effect because the President no longer had the authority to issue such which delegated legislative powers to the President would or might offend executive orders under the Emergency Powers Act which had been against the very provision of the Constitution which requires and ordains that withdrawn or revoked by the Congress.. approved by the Congress but substance. His veto of the bill could not accept the powers delegated to him by the Congress. so that there was no longer any need for the Congressman Roy and H. It is contended. because in the explanatory notes of H. for if it be required then the Powers Acts. legislative powers have ceased to exist. for the grant of such unusual powers to the President has disappeared. such a construction would render the bill contradictory it to delegate. if such victims of typhoons in some provinces of the Republic are of no validity and concurrence be required to make the revocation valid and effective. the only him his concurrence or consent is not necessary. But when it comes to and did not have the effect of reviving or continuing the delegation of withdrawal. After the delegation of legislative powers valid and effective is the fact that whereas Congress had made that declaration the President could no longer exercise the Congress may deem it wise and expedient to make the delegation.

proposed to devote the considerations in this modest dissenting opinion to earthquakes. Mr. 671 was not same emergency invoked in said executive orders. appropriating funds for legislation or regulation under the emergency powers to delegate by urgent and essential public works. makes it necessary to invest the President with extraordinary powers in order to meet the resulting MONTEMAYOR. dissenting opinion in those emergency cases said that although he was favorably impressed by the reasons set forth by Mr. 671 refers to the emergency created by the existence of war authorize the President. So. 1941. floods. Europe and Asia. Justice Reyes and 5 . which is entitled "An Act Declaring of damaged buildings and public works and the relief of the victims. and other To me. etc. damages by the recent typhoons. that is. 671 is still has emergency powers under said Executive Order No. this matter. J. for the same reasons existence of the emergency caused by said war to promulgate rules and given by me in dissenting opinion in cases G. 545. 545 and 546 were issued on November 10. L-3054-56* commonly called the "Emergency Cases of 1949". namely. dated November 10. floods. Mr. whereas Commonwealth In times of war or other national emergency. The majority opinion states that in the emergency cases of 1949. also declared as its Act. to promulgate rules and regulations to carry out a Philippines. almost eleven years from the date Commonwealth Act No. authorized the President during the appropriating P11. etc. I concur in the majority opinion. volcanic eruptions. the validity of the two executive orders but rather the question of whether or not Commonwealth Act No. and the failure of the Authorizing the President to Promulgate Rules and Regulations to Meet Congress to provide for them have nothing to do with the war mentioned in such Emergency. because an emergency cannot be of a long. earthquakes. which involves the Philippines.367. funds for the immediate repairs and reconstruction of certain public buildings and public works. etc. not excluding the Chief Executive and the cause that the Congress had failed in its last special session to provide Legislature..850..600 for relief — are invalid. Justice Torres in my concurring and dissenting opinion I also held that This was naturally so. 564. I would like to make a few brief remarks: years. for otherwise it would not be an emergency. 671. earthquakes. that the Congress in its last special session had failed to appraise expenses of the Government and for other purposes.. it is to be presumed. 671 invoking section 26. 671 was still in force. in justification of Commonwealth Act No. wrought by the recent typhoons. 671 and are not the consequences of said war. 545 and 546. Justice Bengzon in his or indefinite duration. the second of the Constitution above-quoted. etc. the more important point involved in the present case is not calamities. appropriating P37. And the parties herein. and the failure of the Congress to provide funds for the repair and reconstruction Section 1 of Commonwealth Act No. concurring and dissenting: emergency. states in its preamble. five members of this tribunal held that Commonwealth Act 671 was still in It will be seen that the authority given by the Constitution to the Congress to force. volcanic eruptions. — the first Section 2 of said Commonwealth Act No. unlimited Commonwealth Act. dated November 10. No.* L-2756. 1952. 1952. 671 was passed on December 16. With the majority I agree that Executive Order Nos.* and regulations. the executive order above-mentioned deal with the damages declared national policy. Article VI. 1952. draughts. Executive JUGO. I funds for relief to the victims of the recent typhoons. 671 was enacted. however. In addition to the reasons set forth by Chief Justice Paras and Associate It is hard to conceive of an emergency which has lasted almost eleven Justice Padilla. for. 671. that the legislature had already withdrawn from the realm of presidential Executive Order No. L-2044. Commonwealth Act No. The a State of Total Emergency as a Result of War Involving the Philippines and recent typhoons. concurring: Orders Nos. The existence of war between the United States and other countries of For the foregoing reasons. the Congress may by law Act No. for a limited period and subject to such restrictions between the United States and other countries of Europe involving the as it may prescribed. With the concurrence of delegate certain legislative powers to the President was for a limited time.R. the power to appropriate funds for the said order. Justice Padilla concurred in that opinion." reads as follows: said Commonwealth Act No.500 for urgent and essential public works. Section 26 of Article VI of the Philippine Constitution provides as follows: The emergency contemplated by Commonwealth Act No. Mr. want this point definitely settled. J.

discussion. contained in Executive Orders Nos. the situation sought to be remedied. introduced in the Legislature. is studied by said committee. manipulations. much as we in democratic countries dislike promulgated the following laws: (Commonwealth Acts Nos. the real process of legislation to meet a national emergency. etc. whether in calamity or gone beyond legislations or any remedy. quite far from the Philippines and had just begun. Certainly. And we should not next regular session. security of the necessary legislation in order to cope with the situation and pass the necessary emergency measures? In those emergency cases of 1949 I prepared a more or less extensive opinion in support of the theory that Commonwealth Act No. So that even if we do not include Mr. which in some cases holds public hearings. 1949. it met in regular agriculture and industry. I wish to embody said opinion in the present opinion by reference. or individual. it is sent to the other house where it undergoes emphatically disagree with the majority when it says: the same process. fuel. it is period was co-extensive with the existence of the emergency. But I finally voted and if approved. the legislature woke up one morning to find that there was extreme The National Assembly was then free to meet either in regular or special scarcity of imported foods. and 500). transportations which ordinarily belong to a council or board or to a legislative body. especially when they are divided into Legislative chambers. In fact. National Assembly would be unable to hold its regular session. fuel dictator. It regular or special session. we hear of food dictator. it is submitted to the chamber for a limited period of time. it without prejudice to reproducing portions of the same.particular point — the existence or non-existence of the emergency powers speculations. 1939. 494. I discussed 1949. There was then no likelihood of the Philippines being involved in the war. problems brought about by and raising from the emergency. building materials. emergency cases and I take the liberty of quoting a pertinent portion thereof: have not been passed by Congress in its last session ending last May. otherwise be unconstitutional. September. we were widespread lockouts and strikes paralyzing transportation. it is referred to the corresponding committee. excluding the several special 6 . as I already had occasion to state though incidentally. problems which require urgent and immediate action. ordinarily. 498 the system or idea of dictatorship. one man can act more Now. overlook the fact that in some cases for lack of time or due to disagreement among the legislators or between the two houses of Congress. and the proposed amendment to the Election Code etc. was contemplated by the members of the National Assembly on finally approved by Congress could be sent to the President for approval or the foresight that the actual state of war would prevent it from holding its veto only after adjournment of the legislative session. it is submitted to the Chief Executive for his study and approval or veto. it is not in a position and able to cope with the would be like locking the stable door after the horse had been stolen. only because the Legislature is unable to meet due to a national emergency or the problem sought to be solved may have become disastrous or ended in but also because although it could and does actually meet.. it is why in times of emergency. are entrusted under certain limitations to one single official At that time. and possible amendment by all the members. If we were to rely on the ordinary I believe that. session. the second world war was only in Europe. important As regards the majority's view that emergency Act 671 because due to war pieces of legislations like the annual appropriation law for the fiscal year delegated by Commonwealth Act 671 because due to emergency the 1949-50. Justice Bengzon. A bill is force. in December. or that there of the President. That as early as the year 1939. which naturally terminated upon the ending of the last may consume weeks or months as a result of which.. and that limited for study. 496. the committee discusses the bill and sometimes introduces amendments. equipment required in sessions to enact legislation to meet the emergency. injurious session in January. All this That emergency. the Philippines Supposing that during a national emergency and while the legislature is in did not get involved in the war until more than two years. if the I agree with the majority that Commonwealth Act 671 was to be in force only bill is not killed in the committee or shelved. many bills world war. private controls and profiteering. 671 was still in We are all familiar with the practice and routine of enacting laws. or rampant espionage or sabotage endangering the very life of the existence of emergency powers of the President. and if it is finally approved by both houses of Congress. because of a monopoly. involved in the and I hope I refused this theory in my dissenting opinion in the 1949 present cases. for some retrospect. commerce can correctly say that four justices voted in those emergency cases in favor and industry. 1941. appropriation founds for the elections to be held in November. 1940 lasting 100 days. The Philippine National Assembly delegated its quickly and expeditiously than about one hundred members of the legislative powers because of the existence of a state of national emergency Legislature. hoarding. 225 and 226. by the time the reason for the delegation of legislative powers to the Chief Executive is not necessary and needed law is passed. During it second special session of that year. In fact. which session lasted one hundred days. It would be too late.

He did not say or mean that the powers thus delegated were to be exercised only during the war. for a period of eight (8) years from and after the war may last only several weeks or months but with the use of the modern settlement of their war damage claims by the United States-Philippine War weapons of warfare it may cause such devastation. the Assembly allowed them to continue by still far away in Europe and we were not yet involved and the National passing Commonwealth Act No. and that everything has returned to out a declared national policy. and the President Quezon is hardly the authority that the majority should quote to legislature was still free to meet as in fact it met again in regular session in support its theory that emergency powers are given to the Chief Executive January. this. Commonwealth Act 671 itself in its section 2 repeated and reiterated this practice and policy by passing Commonwealth says that the President will exercise his emergency powers during the Act No. 494. I repeat that all this. the Congress of the Philippines suffering and collapse not only economically but socially and morally that the believes that at least as regards war sufferers. Evidently. when on the conditions have gradually returned to normal. months or years to repair. This hardly that it leaves in its wake may take weeks. desolation and national Damage Commission. the Assembly in its fourth special session on August 19. section 26) which for purposes of reference is reproduced below.sessions held during those two years. and during those two years view of the President only because it could not meet. 496. said emergency may continue even if and when the have not received any relief for the loss or destruction resulting from the war. 204-205. 620 which merely amended section 1 of Assembly could still meet and actually did meet several times in two years. he did not see any incompatibility in the grant and exercise of As to the proposition in the majority opinion that the emergency terminated emergency powers with the ability of the Legislature to meet and in actually with the war. emergency powers and enacting legislation by means of Executive Orders. the President in spite of the fact that the war was still far away in Europe and there was no danger or prospect of involving the Philippines. tornado. War may and generally create an emergency. A destructive flood. A contracted before the war. not the war President. he was exercising his refutes said view. But this same law clearly says occasion of a war. In times of war or other national emergency. in regular and special sessions. and will exists not only up to the time that their war wave or volcanic eruption may last only minutes or hours but the destruction damage claims are paid but for a period of eight years thereafter. He merely said that the delegation was made in time when it could meet and it actually met several times. just because due to the emergency. They holding session. and the supports the majority's theory that everything is normal. 498 and 500 when the war was Legislature was able to meet. for a limited period and subject to such in honesty and morality and the collapse of peace and order. because according to the theory of the majority opinion. 26. Hostilities incident to the last Pacific war have long ended since 1945. I am afraid the opinion. to promulgate rules and regulations to carry from that war have disappeared. the destruction of public and private property. 600 delegating additional and more extensive legislative powers to existence of the emergency. it considers war and emergency as separate and distinct: does not however necessarily mean that the emergency resulting from said war has ceased and that the disruption of trade dislocation of the economy SEC. 7 . the legislature delegated legislative powers to the President even citation proves nothing. wherein he speaks in time of war. This is clear proof that. are two different and separate things and events. all contrary to the majority's contention. The main thing to be considered and which After passing the Acts just mentioned delegating legislative powers to the calls for the exercise of the powers delegated is the emergency. I am afraid the majority confuses war with emergency. In support of its theory that the emergency has ceased the majority makes reference to Republic Act 342 wherein it is stated that There maybe a national emergency without war. still exists and so postpones payment of their debts or monetary obligations but the emergency thus created does not necessarily end with the war. Commonwealth Act No. 600. tidal the last war still exists. It was instead of stopping or ending the legislative powers delegated to the President Quezon who was given emergency powers as early as 1939 President. far from supporting the 1940 and 1941. a national emergency ensues and is recognized and that the emergency created by the last war as regards war sufferers who declared by Congress. and that there no emergency thereby created may last that long. fairly and squarely when the National Assembly was holding its sessions. the Congress may by of the country. of war. the Legislature is unable to meet. Even the Constitution (Article VI. longer is any emergency because the war has long ended. the breakdown law authorize the President. And so. During its regular session begun that month and year. normalcy. contrary to the theory of the majority Good Fight" pp. the under Commonwealth Acts Nos. war that started it is ended. Article VI of the To bolster its contention the majority cites President Quezon's book "The Constitution. In other words. It does not say during the existence of the war. 1941. all resulting restrictions as it may prescribe. And yet the Assembly delegated legislative powers to the President under section 26. 1940 that merely started or caused it. the emergency resulting from resulting emergency may last for years.

even in provinces bordering Central Luzon whose parents and returned to normal. And it is question on which people may honestly differ. whose women folk had been opinion in the 1949 emergency cases: outraged by the same elements. claiming that they was adequate in all respects to enforce peace and order. claimed that there is no longer any emergency resulting from the rehabilitate agriculture. chats and messages had assured the country is still far from what it was before the war. sometime even more than they had before To the above are those who claim and will add that since 1949 up to the the war. provided with modern weapons are still ruins. in relation with the United States military aid to the Philippines. and that many people who have not achieved rehabilitation. constituting a menace to 6. regular mysterious supply to them of additional firearms and ammunitions. that readily replaced by their owners or operators? Sunken boats will clutter the whereas before the war. Everything is on a provisional basis. and with the enforcement of On the other hand. and as to the barrio folk in Central Luzon resulting from the last war and whether or not things and conditions have and now. that as long as more than 100. What will happen after by the frequent hold-ups. I permit myself to reproduce a portion of my dissenting relatives had been killed by dissidents. Intramuros. it is asserted with equal vehemence in the opposite camp the Import Control. and churches Constabulary enlarged to about 20. that the people have now enough to eat. not excluding the seemingly The War Damage Commission has paid war damage claims. There are those who in all asserted that all this is a result of the war. It is being bolstered public that normal times have returned. Government and private buildings. which otherwise would overwhelm the country. The economy of the the President himself in his speeches. good faith believe and claim that conditions have returned to normal. here by the United States in war materials. that people nowadays especially in the cities are better nourished present time. equipment. people that normalcy has returned and that there is no longer emergency The existence or non-existence of the emergency resulting from the war is resulting from the war. The last logical question that one will naturally ask is: has the emergency compelling them to leave their homes and their farms and evacuate to and resulting from the war passed or does it still exists? This is a fair and be concentrated in the poblaciones to live there in utter discomfort and decisive question inasmuch as the existence of the emergency is. tenanted by squatters. but 8 . that the finances of the Government and the national widows and children in the form of pensions or insurance.000 men. by the millions economy are sound. In connection with this question of whether or not there is still an emergency there can be no peace and order. converted administration. that the problem of peace and order temporarily by the millions of pesos being received by war veterans. it is said that it would be difficult to convince these unfortunate opinion. the Walled City. there are still and clothed and transported and better compensated for their labor. It is based on conditions obtaining among the people and in emergency. in my privation. To further support the claim of the existence of an question of fact. and so should be considered with some allowance. whose homes had been looted and burned and whose very lives had been subjected to constant terror and peril. by the millions being sent war. the test and the only basis of the operation or cessation of Act 671. Squatters in great number are still a problem. that we provisionally into inter-island freight and passenger boats. it is true. thousands of owners of lots therein either financially unable to reconstruct or that the dissidents who are well-organized. being spent by the Mutual Security Agent (MSA) in the Philippines to therefore. etc. lootings and killing and organized these boats and motor vehicles wear out and become junk? Could they be banditry not only in Luzon but also in the Visayas and Mindanao. etc. armed and disciplined even prohibited from rebuilding until the Government has completed its plan about attack and sack towns and sometimes openly defy and engage the armed its reconstruction.. that the problem of peace and order is far from solved as shown Commission. their had been solved. the Constabulary force consisting of only about harbors of the country particularly Manila Bay. It is a highly controversial Central Luzon but from abroad. and land are now importing more rice than before the war for the reason that many transportation specially in the centers of population like Manila is operated in rice farms are idle because of the farmers fear of or interference by great measure with vehicles (used jeeps) obtained from the Surplus Property dissidents. the menace of communism not only at home.000 officers and men could provide complete protection to life and property navigation. commerce. although rehabilitation progressed substantially. Exchange Control and other laws all of a temporary that conditions are still far from normal. kidnappings. industry. now this have nowhere to go to live. especially China.000 firearms are loose and in the hands of irresponsible parties. that the picture painted by the nature intended to temper and minimize the financial and economic crisis President in cheerful and reassuring colors is based on over optimism and. particularly in the country and perhaps even near and around it. with the hundreds and Philippine Army and Air Force cannot solve the peace and order problem. It is. Government forces. The coastwise trade is being as to be expected. calculated to show in bold relief the achievements of the maintained with ships originally built for and used during the war. is invoked. and that there is an adequate food supply. in the very and equipment and with the aid of thousands of civilian guards and of the City of Manila is a living example of non-rehabilitation.

unable and afraid to return to their homes. massacres.000 Constabulary soldiers and officers with honesty and personal integrity as witnessed by the more or less rampant an appropriation of about three million pesos was able to maintain peace misappropriations and defalcations by public officials. in fact became so strong that they actually Considering all this. About two or three weeks ago. realizing perhaps that the 40. the he is faced with the problem of eliminating or capturing ten outlaw bands in emergency still exists. the majority without any data in the form of executive clemency that they surrendered to the authorities. The other day the Provincial Commander of Lanao said that rehabilitation.000 loose firearms are still in the hands of lawless or We have not yet completely risen from the low level into which we had sunk irresponsible persons. There was an uprising or rebellion in Batangas by dissidents. etc.000. It is not known if Japan can or will ever pay them and when.000 men and officers When the President makes his inspections. not up to the payment of their war confiscation. Since 1949 the HUKS and the communists became stronger. but eight years thereafter. and that there is no longer any emergency. And army and wage campaigns not only in the field but also in centers of this emergency clearly is the result of the last war. who thought that peace and order in Central Peace and order still leaves much to be desired. High officials of the Government using low plate and education to school children and students. but based perhaps on judicial notice 9 . complete rehabilitation of war followers are said to be still in the mountains and forests and refuse to sufferers and substantial repair of the war damage is impossible. decency. Realizing that this number was unable to maintain peace and order it was increased substantially so that in 1952. guerrilla recognition and veterans including the Constabulary of the country in 1949 numbered 37. Not long ago several hundred country is claiming reparations from Japan in the amount of eight (8) billion Chinese said to be dangerous communists were rounded up in several dollars. with no decisive thereafter to restore peace and order. As long as over 100. especially in the troubled area. in public and private morality. were evidence received at a hearing or trial. In the face of all the foregoing which result. and a number of them more fearless and optimistic. Baguio and other centers of highways even national roads. with an appropriation of over P151. Before the war about 5. sometimes with appropriation for the Department of Public Schools which gives instruction machine guns and tanks. five justices held the opinion that there no and liquidate. 1949. So the Legislature says that as to these war sufferers. country. With the help of thousands of numbers of their cars.000 loose firearms but that there still remained about 100. raids and war? ambushes in different provinces. even near Manila have not ceased.000. and it is said that unable to and officers have started an intensive campaign in Central and Southern cope with the uprising and bring the rebels to justice the Government was Luzon against lawless elements. benefits rackets. and with prices as they are and convicted and promptly pardoned. In Sulu. the Government waged an were also released and distributed indiscriminately during that war. capture. compelled to offer them amnesty. it went up to 56. But conditions of peace and order actually to be guarded by the armed forces so as not to be molested by the worsened thereafter. civilian guards and commandos the army numbers" when travelling in the provinces to minimize the danger hold-ups and the constabulary are still battling dissidents. People are advised not to travel at night over certain provincial Pampanga are still marooned in Manila. That is towns and cities in the Philippines. and it takes several years pesos and losing quite a number of soldiers and officers. All this.000 more to be amounts paid for war damage claims are inadequate to achieve complete accounted for. Only yesterday the papers carried the news that 14. an amount by far larger than the he is escorted by contingents of fully armed soldiers. there can be no complete peace and order in the during and immediately after the war. The Armed Forces of the Philippines malfeasance. Some of Kamlon's relatives with their the low purchasing power of the peso. The HUKS movement population where it was able to arrest and prosecute those whom it claims to was born during that war and the hundreds of thousands of loose firearms be high officials of the POLITBURO. ten percentage. The surrender unless offered the same conditions. stood trial. And who has not suffered damage during the last the province with about 700 followers. and it was only after Kamlon and his men had been promised may regard as facts and realities. many people still honestly believe. corruption and and order throughout the country. Farmers harvesting rice in some barrios in Central Luzon have longer was any emergency. In 1949 when the Luzon had been restored.000. returned to their homes there but were kidnapped emergency cases were decided. surrender and purchase. bribery.000 soldiers Medrano and his men after November. intensive campaign against Kamlon and his men spending several million Lawlessness and banditry always follow a war. dynamite fishing. and attacks by dissidents who are said to be after the high government Hundreds and thousands of families from Central Luzon. been able to collect about damage claims. The hold-ups. use high plate numbers called "security plate temporary and special policemen.only a portion of the amounts of the claims. population. according why the legislature in Republic Act 342 wisely postponed payment of debts to the papers the army authorities said that up to that time they had through and monetary obligations of sufferers. particularly officials. one may well doubt that peace and order in the country threatened the existence of the Government which was forced to increase its has gone back to normal. communists and bandits.

courts are not called upon. we are called upon to render decision. he may veto the bill of President still had the emergency powers delegated to him under delegation and that would be the end of it. must have believed and been satisfied that the President still had Personally. It was in the last session legislative department with is finding. voted in the affirmative. 671. it could not repeal the law or laws which it sought to abrogate. Consequently. delegating emergency powers to the Chief Executive. The Constitution does not say or the same opinion. Moreover. withdrawing said powers from him. But assuming for a moment that this presumably the atmosphere was not favorable or the necessary votes to court had the authority to pass upon this point and to bind the executive and pass the corresponding measure was not available. successful and effective for so to speak to the "voice in the wilderness. evidence on which to base our finding. It is true that to delegate emergency powers under While the President up to a few weeks ago has been exercising his section 26. a law is necessary. delegated. I am the lone dissenter on this proposition and so mine is reduced becomes a law then the delegation is complete. If the findings of courts on questions The Chief Executive. The Legislature in passing during its last session House require a law for such withdrawal and it may be withdrawn at any time even 10 . but neither am I prepared to say that it no longer exists. it is not of sufficient magnitude and seriousness as to call for the In my dissenting opinion in the 1949 emergency cases I held that the delegation and the exercise of emergency powers. vetoed it and it was not repassed over his of facts are given authority or binding effect it is because those findings are veto. did the Legislature succeed in withdrawing his based on facts established during the hearing by means of evidence emergency powers? The majority through a process of interpretation which adduced by both parties who given the right to present. however. the exercise of the powers by the President would be assured. cross-examine and to me. Reyes concurred in by Mr. In the present case no such hearing or trial for the expressing its wish and desire to withdraw the emergency powers of the reception of evidence was ever had. In spite of this. There would have been no necessity for There are authorities to the effect that the existence or non-existence of an the Legislature to repeal a law which it believed to be no longer operative. object to questions and object to the admission of should not forget that in House Bill No. there would have been no need of exists. It is because the emergency still existed. I disagree. is strained and unwarranted. Not so with and there is reason to believe that there are many others who subscribe to the withdrawal of the powers delegated. I believe that we have no data or of the Legislature that a bill was finally approved by both House of Congress. since emergency resulting from the last Pacific War. concurrent resolution." I still maintain the same view. in my opinion we are not President. It wanted to repeal the law or laws delegating said emergency warranted in finding that there still exist or there no longer exists any powers. I cannot say that the emergency resulting from the last war still those emergency powers otherwise. because Commonwealth Act 671 provides that he Constitution expressly says so. Commonwealth Act No. Three justices of this court held that same view as I would be repassed over his veto because it would be futile and pointless to did excluding one Justice who was favorably impressed with that view make delegation of powers to an unwilling delegate who later would decline though he preferred not to vote directly upon it. It is far from likely that the bill Commonwealth Act 671. and that the no longer exists. emergency calling for the exercise of emergency powers is a political There is no reason or point in withdrawing something that is not there or that question which can be decided only by the political department. House Bill No 727 did not become a law because of the veto of the President. To end and definitely whom the delegation is made and who would later exercise the powers so settle this disagreement. If he believes that there is no emergency or that even if there were.and personal knowledge and observation holds that everything has gone Bill No. neither are they authorized to pass upon the question. the Legislature has equally necessary that a law should be passed for that purpose in whose passed House Bill No. Art. Justice Alex. It is the Legislature that granted or delegated the emergency powers or the Chief Executive to whom the delegation was made that decide whether or I agree with the majority and also with Mr. it is not only convenient but may exercise those powers only during the emergency. Justice Padilla that the emergency not the emergency continues. There has been lack of agreement between powers delegated to the President could be withdrawn by means of a mere the two departments on this point since the last session of the Legislature. Consequently. We impeach witnesses. tho it seems in the and refuse to exercise them. VI of the Constitution. 727 repealing the latest Commonwealth Acts including back to normal and that no longer is any emergency. But if he approves the bill of delegation and it tribunal. Justice move to enact legislation withdrawing said emergency powers by Padilla in the 1949 emergency cases. It is such a going to all the trouble and the tedious process of approving a bill controversial question upon which people may not and could honestly differ. because after all he is the one to powers on the theory that the emergency has ceased. 727 the Legislature was not only evidence in general. 727 in an attempt to withdraw said emergency approval the Chief Executive takes part. This was one of the views maintained in the concurring and In previous sessions of the Legislature after Liberation there had been talk or dissenting opinion of Mr. Today. A law can be repealed only by another law.

and no hard feelings. This was a hazard essential public works projects. the signers constituted more than the majority of the membership But to me. the bill. It is not for the Legislature and to do for the latter what it failed or perhaps did not conceivable that his party men in the two houses consented and agreed to want to do. Both houses of the Legislature are graced with the fact is that the Legislature did not only fail to override the veto but it did the presence of constitutional lawyers and legal luminaries for whom I have not even make any attempt whatsoever to repass it over the President's great respect. The members of Congress knew that the remedy was to override his veto if they wanted to. Added to this. Another reason not entirely improbable is that the decision to withdraw the emergency powers from the Chief Executive was a compromise In the foregoing considerations on this point are true or could have been arrangement between the two parties in the Legislature. He may also veto it. In effect. did neither wish 11 . but that they would not agree to concurrent resolution where the members but also among its legal experts and assistants. about two months after the veto of member of the Senate knew it and in his oral argument before this Tribunal. the Legislature is the sole judge as to the necessity and advisability of withdrawn without consultation and without his approval. but veto it. rest. The Senate But how did the Legislature go about his attempt to withdraw the President's approved the bill unanimously and judging from that unanimity. the President. 727 was vetoed. purpose of releasing funds for public works projects. 99 strongly urging the President to exercise his emergency and in submitting it to the Chief Executive as required by the Constitution. But they are willing to take the risk. namely. If he approved the bill there would be complete understanding taken by him or acquiesced in it and took it in good grace and let the matter between the two departments of the Government. that is. I repeat that both houses of Congress with the legal consented to and approved of it. This official action of the Lower House and a risk which the Legislature assumed and of which it must have been shows that one of the two Houses of Congress officially believes that the perfectly aware. We must remember true. and this is by no means unimportant. But resolution or passing a bill. 1952. the of a concurrent resolution or by means of a law. it was a fact that. particularly members of the that he would also share in the credit and the responsibility for said party of the Chief Executive vetoing the bill and so either approved the stand withdrawal. 1952. the lower house of the Legislature passed abide by the consequences. In other words. In such a Chief Executive would be ignored and his emergency powers summarily case. about sixty-seven Congressman and two Senators filed a petition he said that the Legislature merely made a mistake because it could have addressed to the President in which they not only recognized the existence just as well approved a concurrent resolution instead of passing a regular of his emergency powers but even asked him to exercise the same for the bill. sufficient for the purpose. then there would absolutely be no reason or warrant for the majority's that our government is run on the basis of the party system. believed Legislature if any was that perhaps it believed that the Chief Executive would that he still had those powers. This last view is in the continuance or cessation of the exercise of emergency powers by its some measure supported and borne out by the attitude of the Legislature delegate. Atty. it is highly possible and not improbable that the Legislature of the lower house. Another possible reason emergency powers of the President had not been withdrawn. after the veto of the bill and after a failure knowing that it could withdraw the President's emergency powers by means whether intentionally or otherwise of the Legislative to override the veto. he did and I am afraid the Legislature has to same. The mistake committed by the to withdraw the President's emergency powers and consequently. not only among its distinguished purpose. the majority decided to think but is in the majority by quite a number of votes in the lower house. Recto. And so. The President at interpreting and considering House Bill No. 727 as a concurrent resolution present happens to be the head of one of the two major parties in the sufficient to repeal the several laws mentioned in the bill and withdraw the Legislature. and was even requested to exercise the not veto the bill. to withdraw the emergency powers by means of a have the emergency powers withdrawn provided that the Chief Executive concurrent resolution. His party is in the minority in the Senate by two or three votes emergency powers of the President. Excluding the two Senators. 727. at least for the time being. at least in the emergency powers? It had the choice of approving a mere concurrent upper house the 2/3 votes necessary to override the veto was available. it powers and authorize the expenditure of funds for the relief to provinces had to be approved by him either with his signature or by letting it become a visited by typhoons and floods and other calamities and for other urgent law without any action on his part.when the emergency which motivated said delegation still exists. The Legislature knew that in passing the bill Resolution No. when the House bill No. They must have known that a concurrent resolution was veto. deliberately and intentionally majority of all the members of the lower house believed that Congress failed chose the latter for reasons of its own. One view of why the Legislature chose to pass a bill instead of a mere concurrent this action or inaction of the Legislature on the veto was that it could not get resolution was that it sought and wanted the intervention and participation of the 2/3 votes in both houses to override the veto because some members the Chief Executive himself in the withdrawal of the emergency powers so who voted in favor of the House Bill No. And on November 8. they agreed to pass the bill for this talent and constitutional authorities. counsel for the petitioners and in the month of September.

the action of the majority is practically telling the Legislature what it should have one and in finally doing it for said Legislature in order to most easily achieve its purpose or wish might be regarded by some as not only unwarranted but officious and uncalled for. Under these circumstances. In view of the foregoing reasons. 727 with full realization of the possibilities and chances of its approval or rejection by the Chief Executive to whom it was submitted. 12 . I beg to disagree with the majority. — House Bill No.nor intend to approve a mere concurrent resolution but deliberately and intentionally chose to pass a bill.

G. The legislative power of state. 1917. on February 21. the personal Lake Naujan is a place most convenient for the Mangyanes to live on. therefore be it To imitate still further the opinion of the Chief Justice. began his opinion (relating to necessary in the interest of law and order. That on December 4. by Resolution No. every point of view in which it can be placed. to introduce the facts and the issues. defendant. "Whereas the provincial governor is of the opinion that the sitio of Tigbao on the rights if they have any. 515). It is alleged that the Maguianes are 2... Jr. Now. the controlling power of the constitution and laws. 6 Pet. with a slight change in up their habitation on sites on unoccupied public lands to be selected by him phraseology. jr. liberty of a citizen. plaintiffs. "Whereas it has been found out and proved that unless some other measure is taken for the Mangyan work of this province. lastly. 25 (series 1917) of the provincial board of being illegally deprived of their liberty by the provincial officials of that Mindoro was approved by the Secretary of the Interior of February 21. Mindoro. R. when such a course is deemed the first luminary of American jurisprudence. the provincial board of Mindoro adopted resolution No. and.R. pursuant to the provisions of section 2145 of the revised Administrative 13 . the provincial governor of Mindoro issued be held under the custody of the provincial sheriff in the prison at Calapan executive order No. against their will. and constitutional questions presented. ET AL. Juan Morente. 25 which is as follows: "Whereas said resolution has been duly approve by the Honorable. inhabitants are found is authorized. (manguianes). Chief Justice Marshall. we adopt his outline "Resolved. L-14078 March 7. is of the deepest interest. the political existence of a people. Hon. Williams & Filemon Sotto for plaintiff. has The return of the Solicitor-General alleges: selected a site in the sitio of Tigbao on Naujan Lake for the permanent settlement of Mangyanes in Mindoro. THE PROVINCIAL BOARD OF MINDORO. no successful result will be D. 2 which says: for having run away form the reservation. That on February 1. "Resolved further. J. next to give a history of public land in the sitio of Tigbao on Naujan Lake be selected as a site for of the so called "non-Christians. reservation providing that said homestead applications are previously recommended by the provincial governor. therefore. Georgia [1832]. are all involved in the subject now to be considered. the permanent settlement of Mangyanes in Mindoro subject to the approval Christians" with that of the American Indians. The provincial governor. failure. INTRODUCTION. In one of the cases which denote a landmark in American Constitutional "Whereas the provincial governor of any province in which non-Christian History (Worcester vs. 25. province. which were all a RUBI. Office of the Solicitor-General Paredes for defendant. 800 hectares and proceed first. and one Dabalos is said to 3. 1.. to direct such inhabitants to take the status of an Indian) with words which. provincial governor of Mindoro.: order to make a permanent settlement. 1919 "Whereas several attempts and schemes have been made for the advancement of the non-Christian people of Mindoro. that under section 2077 of the Administrative Code. the Secretary of the Interior. to resolve the of the Honorable Secretary of the Interior." next to compare the status of the "non. "Whereas it is deemed necessary to obliged them to live in one place in MALCOLM. 1917. can be made to introduce the present opinion — This cause. I. No. Rubi and his companions are said to be held on the reservation established at Tigbao. That Mangyans may only solicit homesteads on this I." This is an application for habeas corpus in favor of Rubi and other Manguianes of the Province of Mindoro. 1917. That said resolution No. obtained toward educating these people. 1917. presented the following resolution: "Now. vs. in and approved by the provincial board. "Whereas the provincial board. current series. Juan Morente.

in accordance with period not exceeding sixty days. Establishment of non-Christina upon sites selected by provincial 1551. and in order to understand the policy of the Government of the 6. if we may be permitted 1 and the executive order of the governor of the same province copied in to use such terminology. Petitioners. at Cigales. laws of the Philippine Islands. — of Dulangan and Rubi's place in Calapan. in the following language. the governor. specifically relating to the Manguianes. HISTORY. authorized. and was STATES. pursuant to section two thousand one hundred and forty-five of this Code. and in order that they may forget the blunders of their section 2759 of the same Code. Administrative Code of paragraph 3. 2759. on February 19. do hereby direct that all the Mangyans in the townships of Naujan and Pola and the Mangyans east of the Baco River including those in the districts SEC. however. as will later be disclosed. not later than December 31. 387. It thus appears that the provincial governor of Mindoro and the provincial board thereof directed the Manguianes in question to take up their habitation II. In order that the indios may be instructed in the Sacred Catholic Faith and In connection with the above-quoted provisions. board. 1568. 547. which read as follows: ancient rites and ceremonies to the end that they may live in harmony and in 14 . section 2 of various special provincial laws. SEC. is also found in varying forms in other with section 2759 of Act No." with particular regard for the legislation on the subject. That the undersigned has not information that Doroteo Dabalos is being Philippine Islands with reference to the uncivilized elements of the Islands." within the reservation of Tigbao and are liable to be punished in accordance This word. The action was taken in A. That the resolution of the provincial board of Mindoro copied in paragraph Philippine law. section 69. Act No. it detained by the sheriff of Mindoro but if he is so detained it must be by virtue is well first of all to set down a skeleton history of the attitude assumed by of the provisions of articles Nos. Ordinance 149 governor of any province in which non-Christian inhabitants are found is of the poblaciones of 1573. Philip II at Toledo. In the forest of Segovia on governor. 1560. duly approved by the Secretary of the Interior as required by said action. 2711. That Rubi and those living in his rancheria have not fixed their dwelling Section 2145 and its antecedent laws make use of the term "non-Christians. Act No. 1565. to direct such inhabitants to take up their habitation on sites on THAT THE "INDIOS" BE REDUCED INTO "POBLACIONES" unoccupied public lands to be selected by him an approved by the provincial COMMUNITIES). challenge the validity of this section of the The most important of the laws of the Indies having reference to the subject Administrative Code. Refusal of a non-Christian to take up appointed habitation. to introduce civilized customs among them. on May 20. in Tigbao. the authorities towards these "non-Christians. given by a provincial governor. 2145 and 2759 of Act No.Code. which the court is called upon the decide. section 62. 5. This. Title III. In San Lorenzo. the provincial September 13. 2145. LAW I. when such a course is deemed necessary in the interest of law and order. Section 2145 of the Administrative Code of 1917 reads as follows: The Emperor Charles and the Prince. on March 21. 1917. In order to put the phrase in its proper category. BEFORE ACQUISITION OF THE PHILIPPINE BY THE UNITED accordance with section 2145 of the Administrative Code of 1917. a site on the shore of Lake Naujan." The substance of what is now found in said section 2145 is not new to 4. 2711. of Mindoro as well as the protection of public forests in which they roam. were necessary measures for the protection of the Mangyanes 1916. section 2759 of the revised Administrative Code. Naujan Lake. 1578. to take up habitation upon a site "Any Mangyan who shall refuse to comply with this order shall upon designated by said governor shall upon conviction be imprisonment for a conviction be imprisoned not exceed in sixty days. and notably of Act No. selected by the provincial governor and approved by the provincial board. The genealogical tree of this section. would read: Section 2077. becomes the paramount question at hand are compiled in Book VI. 1397. In the Escorial on November 10. therefore. to take up their habitation on the Any non-Christian who shall refuse to comply with the directions lawfully site of Tigbao. there should be noted the evangelical law. — With the prior approval of the Department Head.

these purposes. priests. THAT THERE BE MAYORS AND ALDERMEN IN THE "REDUCTIONES. on October 10. Having realized that convenience of this resolution. however. we hereby order that this law be xxx xxx xxx always complied with. Philip III at Madrid. Philip II at the Pardo. OR COURT. lands. and to deal with their doctrine with such forbearance and gentleness. wherein they are deprived of all spiritual and temporal benefits and wherein they cannot profit from the aid of our ministers and from that which gives rise xxx xxx xxx to those human necessities which men are obliged to give one another. ingress and egress. it has always been endeavored. as is the practice in town inhabited by Spaniards and indios. by different orders. THE "REDUCCTIONES" BE MADE IN ACCORDANCE WITH THE CONDITIONS OF THIS LAW. that the encomenderos. the indios shall be concentrated in Spain assembled by order of Emperor Charles V of glorious memory in the reducciones. 1573. our kings. or encomederos shall entreat compliance thereof in the manner and form indios request such a change or consent to it by offering or giving prescribed by the laws of this title. who should be husbandry and passageway of one league long. or any other court. be more than two mayors and four LAW IX. October 10. We hereby order that no actuated with a desire to serve God an our Kingdom. and not to live in lands held by them previously so that they may cultivate them and profit places divided and separated from one another by sierras and mountains. LAW XV." WHO SHALL BE "INDIOS. treatment and the protection of those already in settlements would. Because the above has been right to alter or to remove the pueblos or the reducciones once constituted executed in the greater part of our Indies. has the to pay taxes more than what is ordered. and it is ordained that they be not required No governor. The penalty of one thousand pesos shall be imposed upon the LAW VIII. or magistrate. because these claims are often made for private interests and not for those of the indios. without causing inconveniences. or alcalde mayor. even if the town be a big one. there should be not more than one mayor and one alderman. 15 . wherein the indios can have an indio of the same reduccion. We order that in each town and reduccion there be a mayor. president. 1618. and the the royal district court. in the presence of the priests . And. with great care and THAT THE "INDIOS" IN "REDUCCIONES" BE NOT DEPRIVED OF THE special attention. concentration of the indios into reducciones. have entrusted and ordered the viceroys. of their own accord. and that they be allowed to retain the was resolved that indios be made to live in communities. should be two mayors and two aldermen. elect nine others. on December 1. therefrom. we hereby order and decree that and founded. 1956. our Council of the Indies and other religious persons met at various times. present themselves. 1618. information to that en. our LAW XIII. nevertheless. provided. the prelates of new With more good-will and promptness. on February 19. or the same be complied with in all the remaining parts of the Indies. without our express order or that of the viceroy. and mountains. and governors to execute with great care and moderation the THE SAME AS ABOVE. to use all the means most convenient to the attainment of LANDS PREVIOUSLY HELD BY THEM." The places wherein the pueblos and reducciones shall be formed should have the facilities of waters. also indios. judge or encomendero who should violate this law. At these meetings it change shall be made in this respect. predecessors. presidents. there their live stock that they may not be mixed with those of the Spaniards. Provided they shall not be deprived of the lands and granaries year one thousand five hundred and forty-six — all of which meetings were which they may have in the places left by them. VICEROY. if there be more than eighty houses.a civilized manner. who should annually Philip II at Toledo. otherwise the change will be considered fraudulently obtained. To carry out this work with success. If there be less than eighty indios but not less than forty. and. so THAT THE "REDUCCIONES" BE NOT REMOVED WITHOUT ORDER OF that those who would not presently settle and who would see the good THE KING. aldermen. Philip III at Madrid. there should.

(Law of the Indies. at Madrid. concentrating them in "reducciones. thing to separate them from their parents. on depredations. All the indian inhabitants (indios) of the Islands of Luzon are. contaminate them with their bad customs. they all not be affected by this law. It is but just to admit the fact that all the governments have occupied THAT IN THE TOWNS OF THE "INDIOS." AND MULATTOES. negroes. from this might exist in the nation. and mulattoes. and which living in the obscurity of ignorance. After hearing the illustrious opinions of all the local authorities. besides maltreating them and utilizing As it is impossible to consent to the continuation of such a lamentable state their services. 16 . but the means and to live to live in the reducciones and towns and towns of the indios. It is equally highly depressive to our national honor to tolerate any longer the separation and isolation of the non-Christian races from the social life of the Philip II. on other hand. and obedience to the national laws on the part of all who reside within the tranquillity. see Law I.LAW XXI. 2.) held for the object so indicated. presidents. live. in Madrid. Franciscans. done them. the cooperation of the ministers who are truly honest. I hereby promulgate the following: It is a legal principle as well as a national right that every inhabitant of a territory recognized as an integral part of a nation should respect and obey DECREE. For this law and the one following. who are children after finding the unanimous conformity of the meeting held with the of indias and born among them. and also of things. 1646. it appearing to be a harsh prelates of the orders of the Dominicans. from the moral and material as well as the political great care in executing the law within their powers and avail themselves of standpoints. 1563. as well as of the manner and the only to improve the condition of the less advanced inhabitants of the Islands by form of accomplishing such a task. because the preaching employed to allure them have been insufficient to complete it has been found that some Spaniards who deal. on January 10. the laws in force therein. pp. at Todesillas. and also mestizos and Indian and Chinese half-breeds (zambaigos). while. Tit. 4. 231. and who are to inherit their houses and Archbishop of Manila. heretofore accomplished with the help and self-denial of the missionary fathers who have even sacrificed their lives to the end that those degenerate We hereby prohibit and forbid Spaniards. precisely in the Island of Luzon wherein is located the seat of July 12. 1881. and associate the work undertaken. and that the viceroys. taking into account the prestige which the country demands and some of their blunders and vices which may corrupt and pervert the goal the inevitable duty which every government has in enforcing respect and which we desire to reach with regard to their salvation. Philip IV. and missionaries of the provinces of Northern Luzon. or mestizos races might be brought to the principles of Christianity. vol. trade. the Bishops of Jaro and Cebu. Agustinians. the representative of the Government of the. Recoletos. the indios would leave their towns and provinces. to avoid the wrongs giving and customs of isolation. to allow any longer the commission of on May 8. save those exceptions prescribed of all the nations which enable them to grasp the moral and material in this decree which are bases upon the differences of instructions. lack date. and the negroes. Philip III. governors. Neither have the punishments imposed been sufficient with the indios are men of troublesome nature. mestizos. Book 7. and on November 25. At Madrid. NEGROES. it is the duty to conscience and to humanity for all governments to civilize those backward races that 1. and courts take for civilization. reading as follows: For the reasons above stated and for the purpose of carrying out these objects." is found in the Decree of the Governor- General of the Philippine Islands of January 14. on October 1 and December 17. "MESTIZOS. of the advantages that may be acquired in those towns under the protection and customs." THERE SHALL LIVE NO themselves with this most important question. metropolis. 1578. and Jesuits as also of the meeting of the Council of Authorities. 1589. and of the necessities of the different pagan races which occupy a vigilance afforded them by the same laws. to be governed by the common law. civilized and Christian towns. On May 2. 228. and the provincial haciendas. We hereby order the imposition of grave penalties upon the territory under its control. idleness. 1581. gamblers. increase. I have arrived at an intimate conviction of the inevitable necessity of proceeding in a practical manner for the submission A clear exposition of the purposes of the Spanish government. part of its territory. mulattores. 230. 229. I have proceeded in the premises by giving the commission of the acts above-mentioned which should not be tolerated in most careful study of this serious question which involves important interests the towns. thus robbers. and. 1600. of dirty ways of living. and vicious and useless men. and that much has been SPANIARDS. in certain cases and in those which have not been guarded against. As regards the ecclesiastics. At Tomar. in its efforts of the said pagan and isolated races.

that those who are governed by the local authorities as the ones who elect such officials under the direct charge of the authorities of the 4. compliance. as regards the administrative organization of the said towns or own accord as to whether they want to be Christians or not. schools. the purchase or obligations which affect the remaining towns of the archipelago. in return. shall. which comprises those which 7. choosing for this purpose the place most advantages offered. and advantages offered 6. as to their years from rendering personal labor. who voluntarily admit the new residence be fixed for them. The authorities shall see to it that the inhabitants of the new towns them. taking of the census of the inhabitants of the towns or settlement already concession of good lands and the right to cultivate them in the manner they subdued. 2. the inhabitants thereof shall not be obliged to move their dwelling-houses. So long as these subdued towns or settlements are located infertile lands province or district. of those mountain and rebellious pagans — wherever convenient. to the for their voluntary submission: to live in towns. The authorities shall offer in the name of the State to the races not 3. In order to properly carry out this express prohibition. violation of which shall be punished with deportation. and missionaries of the provinces wherein they are found are hereby entrusted in 8. with all the means which their zeal may suggest to them. 11. shall be published in their respective dialects. that this be finished before the first day of next July. and lastly. and. The provincial authorities in conjunction with the priests shall proceed. For the purpose of assisting in the conversion of the pagans into the the work of having these races learn these rules. the settlements. there shall be and provided further the putting of families in a place so selected by them be established an armed force composed precisely of native Christian. and for have as to where and now they shall till their lands and sell the products the this purposes. The races indicated in the preceding article. appropriate for cultivation. they shall destroy their dwelling-houses. unity among their families. if there be none as yet. another. beginning with the first day of next April. continue in their rebellious attitude on the first of next April. direct. and shall adopt the necessary regulations for the appointment of wish and in the way them deem most productive. and the third. personal services other than those previously indicated. far as the same are not opposed to natural law. and whoever should go made up of those subdued pagans who have not as yet entered completely beyond the said limits shall be detained and assigned governmentally the social life. one. committing understand all the rights and duties affecting them and the liberty which they from now on the crimes and vexations against the Christian towns. the exemption from contributions and exception that in the first two years they shall not be obliged to render tributes for ten years and from the quintas (a kind of tax) for twenty years. they must be observed in the manner prescribed below. For the protection and defense of these new towns. and guards (cuadrilleros). labors. support during a year. the authorized in the towns already constituted. and. and country roads which either of these cases. have the obligation of constituting their convenient for them and which prejudices the least their interest. provided. that. and engaging in commerce of any other transaction with the rebellious indios. freedom to decide of their endeavoring. the Captain General's Office shall proceed with the thereof. an effort must be made to establish their homes with place them in communication with one another and with the Christians. The armed force shall proceed to the prosecution and punishment of the tribes. with the only facility of the sale of their harvests. when the latter do not have the good conditions of location and cultivations. of constructing their town hall. and confiscate their products and cattle. organization and service of which shall be determined in a regulations based upon that of the abolished Tercios de Policia (division of the Guardia Civil). and for the opening or fixing up of means of communication. subdued (aetas and mountains igorrots the following advantages in returns from now on. territory of the rebellious indios shall be fixed. the location of these towns be distant from their actual residences. The diverse rules which should be promulgated for each of these races — which may be divided into three classes. so that at establishment of missions and families of recognized honesty who shall the beginning of the fiscal year they shall have the same rights and teach. for the construction of courts and clothes upon effecting submission. and give them security and trust them. all by this fact along be exempt for eight executive character. with the only exception of the tobacco which shall be bought by the organization of the divisions of the Army which. 5. and the officials. 9. in conjunction with the rural Hacienda at the same price and conditions allowed other producers. the implements. protect. protection. the limits of the live isolated and roaming about without forming a town nor a home. the reach of the sound of the bell. and only in case of absolute necessity shall a 10. shall have to enter the territory of such tribes. in new towns. Such a punishment 17 . disregarding the peace. These rules shall have fraternity of the Catholic Church. and local authorities. respect for their habits and customs in so schools. On the with the prohibition against these new towns as well as the others from expiration of the term. priests.

Portions of these instructions have remained undisturbed by subsequent congressional Local governments in the Philippines have been provided for by various acts legislation. Act NO. a council or permanent commission which shall attend to and decide all the questions relative to the application of the foregoing The latest Act of Congress. of the Philippine Commission and Legislature. be subjected to wise and firm regulation. Royal Patron. One paragraph of particular interest should here be quoted. Nueva Vizcaya. AFTER ACQUISITON OF THE PHILIPPINES BY THE UNITED STATES. without undue or petty interference. was not represented in the Philippine Assembly. and other introduce civilized customs. It divided the Philippine Islands into twelve senatorial the foregoing. (Gaceta de Manila. been a perplexing one. however. 1900. in brining about due compliance with this decree. Organic law. as a complement to Legislature (sec. 48 and 49 concerning the Province of Benguet and the Igorots. to conform. the The Philippine Legislature.shall necessarily be repeated twice a year. under my presidency as Governor-General. and the Department of Mindanao and Sulu. and the territory which Moros or other non-Christian tribes. Government in the Philippines was President McKinley's Instructions to the Commission of April 7. Act No. The Philippine Commission was to retain exclusive jurisdiction of 14. provinces in the southern part of the Archipelago. 16). There shall be created. local authorities. Law. to the Philippine 15. which I intend to visit. is regulations that may be brought to it for consultations by the chiefs of the Act of Congress of August 29. 15) (Diccionario de la Administracion. 12). . be said to recognized a dividing line 1. for the twelfth district (sec. composed of the Philippine Commission and the preceding provisions shall conveniently be applied to them. Act No. 82. Vice. the Character of the city of Manila. Governor-General of the Philippine Islands was authorized to appoint vol. providing for the adopt the same course followed by Congress in permitting the tribes of our organization and government of the Moro Province. 83. B. the Commission should 183. 1902. therefore. civil as well as military authorities. the supervision over the public affairs of the inhabitants which are represented in question as to the best method for dealing with the primitive inhabitants has the Legislature by appointed senators and representatives( sec. pp. between the territory not inhabited by Moros or other non-Christian tribes. 7887. that is. 13. in the the attributes and the scope of the authority of each. surrounded by civilization to which they are unable or unwilling conducive to the successful accomplishment of the same. Philippine organic law may. constant and 12. 1396. The purpose of section 7 of the Philippine Bill was to provide for a legislative body and. nature of an Organic Act for the Philippines. later expressly approved and ratified by section 2. 1916. 128-134. Philippine Assembly. and missioners. with this end in view.Act no. 7. This transferred the exclusive legislative jurisdiction and authority theretofore exercised by the Philippine Commission. and the territory The first order of an organic character after the inauguration of the American which is inhabited by Moros or other non-Christian tribes. The most notable are Acts namely: Nos. at the time of the passage of the Jones Law. 1902. and active effort should be exercised to prevent barbarous practices and other subordinates to my authorities. 22). the Provincial Government Act. shall be districts. commonly known as the Jones provinces and priests and missionaries. The chiefs of provinces. The secondary provisions which may be necessary. promulgated by the respective official centers within their respective Baguio. and. local authorities. nearest to a Constitution for the Philippines. the Act of Congress of July 1. the Act of Congress of July 1. 1 of the Philippine Bill. the 18 . In dealing with the uncivilized tribes of the Islands. subordinates to may authority. was to have jurisdiction over the Christian portion of the Islands. the Municipal Code. that part of said Islands inhabited by Moros or other non-Christian tribes. Such tribal governments should. priests.) senators and representatives for the territory which. With respect to the reduccion of the pagan races found in some of the to name the prerequisites for the organization of the Philippine Assembly. shall give the most effective aid and cooperation to the said forces in all that is within Next comes the Philippine Bill. and for this purpose the military North American Indians to maintain their tribal organization and government headquarters shall immediately order a detachment of the military staff to and under which many of these tribes are now living in peace and study the zones where such operations shall take place and everything contentment. No. Act No. The jurisdictions. The law establish a bureau to be known as the "Bureau of non-Christian Tribes" which shall have general Ever since the acquisition of the Philippine Islands by the United States. Statute law. the twelfth district to be composed of the Mountain Province.

That the powers and duties thus prescribed shall not be in excess C. They are also to be found in Act No. Department of Mindanao and Sulu. 2408. were repealed By authority of the United States. 1145. having reference to the Province of Nueva Vizcaya. 547. and Act No. progressed sufficiently in civilization to make it practicable to bring them under any form of municipal government. Ilocos Norte. 1963. his province to acquire the knowledge and experience necessary for Among other laws which contain the phrase. them shall be exercised to this end. 547: SEC. carried forward into sections SEC. the Township successful local popular government. nineteen hundred. Tayabas. as 68-71. 4568. Tarlac. 4111. of Act Numbered three hundred and eighty-seven. Lepanto-Bontoc. it may be organized under the provisions of sections one to government of the primitive peoples. 1667. Manguianes who refuse to comply with tribes. The constant aim of the governor shall be to aid the Manguianes of 701-705 of the Administrative Code of 1917. passage of the same is hereby expedited in accordance with section two of Pangasinan. 445. Bataan. All of these special laws. the interest of law and order. the provincial board. in dealing Philippines and a settled and consistent practice with reference to the with these Manguianes to appoint officers from among them. 855. Antique. MINDORO. 548. 6. by the United States Philippine a township. Misamis. 1902. December 4. SEC. are found in Governments in the townships and settlements of Nueva Vizcaya. 1902. SEC. we insert Act enactment of laws. subject to the approval of the Secretary of the Interior. when he deems such a course necessary in the Commission. an to the end that law and order and Act No. When in the opinion of the provincial board of Mindoro any settlement of Manguianes has advanced sufficiently to make such a course Of more particular interest are certain special laws concerning the practicable. designations and badges of office. the provincial "Uncivilized tribes" is the denomination in President McKinley's instruction to governor is further authorized. 1397 was repealed by the Administrative Code of 1916. The major portion of these laws have been carried forward into the Administrative Codes of 1916 an d1917. the Ilocos Sur. 422. Isabela. 4. be it enacted by the Philippine by Act No. of those conferred upon township officers by Act Numbered Three hundred and eighty-seven entitled "An Act providing for the establishment of local civil The terms made use of by these laws. As an 'An Act prescribing the order of procedure by the Commission in the example of these laws." varying forms. and Zambales. Beginning with Act No. the provincial governor is These different laws. Paragua (Palawan). Act No. TERMINOLOGY. 1306 were enacted for the provinces of Abra. 1113. 3. Whereas the Manguianes of the Provinces of Mindoro have not provisions in questions. Acts Nos. Philippines Commission. The last named Act incorporated and embodied Commission.' passed September twenty-sixth." These words are to be found in section 7 of the Philippine Bill and in such directions shall upon conviction be imprisonment for a period not section 22 of the Jones Law. 1396 and 1397. to direct such Manguianes to take up their habitation on sites on unoccupied public lands to be selected by him and The most commonly accepted usage has sanctioned the term "non-Christian approved by the provincial board. the Baguio charger. Subject to the approval of the Secretary of the Interior. the Organic Act of the individual freedom shall be maintained. 5. The two Administrative Codes retained the SECTION 1. that: the provisions in general language. Mindoro. 500.Special Provincial Government Act. relating to the organization of settlements. Act No. if they of the non-Christian inhabitants of the authorized. reestablishing this Bureau. organic and statutory. there can be mentioned Acts 19 . 550. No. and to prescribe their powers and duties: Provided. 2. and his supervision and control over Government Act. Act No. 1306. with the exception of Act No. 2674 of the Philippine Legislature. because referring to the Manguianes. 753. inclusive. 579. No. 387. — AN ACT PROVIDING FOR THE ESTABLISHMENT OF LOCAL CIVIL GOVERNMENTS FOR THE MANGUIANES IN THE PROVINCE OF Enacted. SEC. to fix their methods to be followed for their advancement. The public good requiring the speedy enactment of this bill. In turn. and the geographical limits of such township shall be fixed by Commission. establishing a Bureau of non-Christian Tribes and in Act No. enacted on April 9. Nueva Vizcaya. 1397. sections sixty-seven. 549. This Act shall take effect on its passage. 253 of the exceeding sixty days. 547.

preceding section 2145. MEANING OF TERM "NON-CHRISTIAN. sections 701-705. and sections 2422 et seq. . we shall investigate Secretary. 2426. and the Jones Law confers similar recognition in the authorization of the twelfth 2674. third session on Languages. The legislative intent is borne out by Acts Nos. The provinces. 387. etc. the law specifically recognizes this. 2435." The Philippines Legislature has. Phil. 351. The specially organized provinces are the Mountain Province. because of their religion. In partial corroboration of people under his jurisdiction. it is still a geographical description. however." since the coming into being of a Filipinized legislature. letter of the Secretary of the Interior of June 30. Saleeby. there could also be cited section 2576 of the last Administrative designation. sec. 1667 of the Philippine Commission." 1493-1898. 300. States as to the future political status of the Philippine Islands and to provide Craig-Benitez. exactly coincide with the Filipinos" have been the favorite nomenclature. 2576. as persons some of who are Christians and some of whom are not Christians. Bill. Sixty-third Congress.. and sections 701 et seq." and Dr. 2422. conception is likewise inadquate. Administrative Code If the religious conception is not satisfactory. These terms Nevertheless. Batanes. 128." Professor Ferdinand Blumentritt. there live and in Acts Nos. but the whole intent of the law is predicated D. would expression. 550. The reason it that the motive of the law sec. Apologetic of course result in giving to it a religious signification. For instance. 1639. judicial. and non-Christians. (Sec. the authority of the Philippine Assembly was recognized in the "territory" of the Islands not inhabited by Moros or other non-Christian tribes. 253 charged the Bureau Assembly. and Palawan. 2404. "The Origin of Malayan Filipinos. of the senatorial district for the "territory not now represented in the Philippine Administrative Code of 1917. Again. pp." and "non-Christian local self-government. 107. 18459. commonly known Code and certain well-known authorities. taken from Act No. 549. "The Philippine Islands. or to a particular province because of its location. 1906." "non-Christian inhabitants. Obviously. "Estadismo de las Islas as the 'non-Christian tribes.Nos. 2390. recognizing the difficulty of selecting an exact this view. "Philippine Tribes and Philippines. Nueva Vizcaya. The first section of this article. III. It is well-known that within the specially organized provinces. 387. p. Christian words usually introduce the term. adopted acts of non-Christian tribes to conduct "systematic investigations with reference making certain other acts applicable to that "part" of the Philippine Islands to non-Christian tribes ." it would At most. 346. The idea that the term "non-Christian" is intended to relate to degree of In one sense. These are the provinces to which the Philippine Legislature has never seen fit to give all the powers of "Non-Christian people.) a more autonomous government for the Islands. 548.) further to ascertain what is its true meaning. 2561. practicable means for bringing about their advancement in civilization and material property prosperity. An Act to declare the purpose of the People of the United Blair & Robertson.) relates not to a particular people. p. with special view to determining the most inhabited by Moros or other non-Christian tribes. 1667. 2444. and to be seen by the provisions of many laws. 48. Act No." vol. If we were to follow the literal meaning of the word "non-Christian. They do not. 2145. As authority of a judicial nature is the decision of the Supreme Court in the makes the provisions of the article applicable only in specially organized case of United States vs. 2394. vol. "Philippine Progress prior to 1898. 547. Administrative Code of 1916. speaks of the "backward Philippine peoples. 2422. ( Sec. Mindoro. This is plainly civilization. "tribes. time and again. The Secretary of the Interior who for so many years had these be those who do not profess the Christian religion. question here arose as to the effect of a tribal marriage in connection with 20 . according to the Philippine executive authority. 29. 127. 3. Thus. can be found in sections 2076." Section 2145. 2674 of the Philippine Legislatures. circulated by the Executive Not content with the apparent definition of the word. the word can have a geographical signification. so against the geographical of 1917. Administrative Code of 1917. in lieu of the unpopular word portion of the Philippines which is not granted popular representation. M. note. 1397. is found in article XII of the Provincial Law of the Administrative Code. as Zuñiga. "non-Christian" is an awkward and unsatisfactory word. 253. Tubban [Kalinga] ([1915]. In fact. 434)."' (See Hearings before the Committee on the Filipinas. and 2551.) The Administrative Code specifically provides that the term "non-Christian" shall include Mohammedans and pagans. well as in Act No. 2408. "The so-called non-Christian" is a favorite would be those who profess the Christian religion. I. Administrative Code of 1916." (See H. Administrative Code of 1917.R. is substantiated by reference to legislative. 2077." n the civilization or lack of civilization of the inhabitants. . N. United States Senate.

has the following to say on the subject: Of much more moment is the uniform construction of execution officials who have been called upon to interpret and enforce the law. he has interpreted it to mean that all persons brought under the Provincial Government Act and the Municipal Code. in itself change the degree of Confucians. a letter which later received rather than of religious denomination. The mere act of baptism does not. Buddists. you will give the not so much a matter of a man's form of religious worship or profession that member of so-called "wild tribes" of your province the benefit of the doubt decides whether or not he is subject to the cedula tax. to their own advantage. . .. preserving tribal relations with the so-called non-Christian tribes are exempt from the cedula tax. was the former Secretary of the Interior. the Governor-General.article 423 of the Penal code concerning the husband who surprises his wife under the jurisdiction of regularly organized municipalities or what form of in the act of adultery. and that all sufficient advancement so that they could. 1906. should be taken into consideration as a second marked extenuating circumstance. of a low order of Provincial Government Act. to be considered Christian or non. The Collector of Internal Revenue has satisfactory. p. In other words. indorsement. The present Secretary of the Interior. the court makes use of the government shall be afforded to them should be the degree of civilization to following language: which they have attained and you are requested to govern yourself accordingly. in framing legislation for the tribes in these found in circular letter No. 214. on whether he is living in a civilized manner or is associated with the mountain tribes. therefore. maintaining his 21 . Mohammedans. We hold also that the fact that the instructions given to the governors of the provinces organized under the accused is shown to be a member of an uncivilized tribe. The number of individual tribes is so great that it is almost out of the question to enumerate all of them in an Act. . Under date of June 30. who celebrated within that province without compliance with the requisites concurs in the opinion above expressed and who will have the necessary prescribed by General Orders no. The official who. . people who were originally non-Christian but have recently been baptized or was the Collector of Internal Revenue. . for the hold that it is indicative of recognition by the Governor-General and was circulated by the Executive religious denomination will make the law invalid as against that Secretary. Thereupon. The question arose for ruling relatives who are children of persons who have been recently baptized are. by return Christians. reading as follows (Internal Revenue Manual. . I believe the term carries the authority. are subject to said tax so long as they live in civilization to which the person baptized has attained at the time the act of cities or towns. So far. it is more dependent even though they may recently have embraced Christianity. including Jews. organized (of June 30. . herein quoted). same meaning as the expressed in the letter of the Secretary of the Interior 1906. for the to the cedula taxation of the Manobos and the Aetas. be other person are exempt. 214): designation which will fit all cases. the Secretary of the Interior was requested on the point.) intelligence. dated islands which are not advanced far in civilization. or in the country in a civilized condition. (Internal Revenue Manual. who. in a memorandum furnished a member of this court. the view of purposes of Act 1396 and 1397. as As far as names are concerned the classification is indeed unfortunate. either as a member thereof or as a recruit. For practical purposes. this official addressed a letter to all governor of provinces. we are not advised of any provision of law which recognizes as legal a tribal marriage of so-called non-Christians or members of uncivilized tribes. reading as follows: Constitutional guaranty of religious freedom. the question has arisen as to whether Another official who was concerned with the status of the non-Christians. 68. but a member of the Philippine Commission. and that all others. 1907. I have discussed this matter with the Honorable. It is indicative of the degree of civilization under the Special Provincial Government Act. uncultured and uneducated. this The determining factor in deciding whether they are to be allowed to remain question has not come up as to whether a Christian. This Construction of the Collector of Internal Revenue can be It has been extremely difficult. of course. . to hit upon any suitable June 11. 188 of the Bureau of Internal Revenue. In discussing the point. p. but the real purpose of the Commission was not so much to interpreted this provision of law to mean not that persons who profess some legislate for people having any particular religious belief as for those lacking form of Christian worship are alone subject to the cedula tax. it is baptism is performed. It was The internal revenue law exempts "members of non-Christian tribes" from finally decided to adopt the designation 'non-Christians' as the one most the payment of cedula taxes. Sir: Within the past few months. etc. agreed with the interpretation of the Collector of Internal Revenue. drafted much of the legislation while no other better classification has as yet been made the present relating to the so-called Christians and who had these people under his classification should be allowed to stand .

it is probable that is the expiration of the delinquency period the same rule should apply to him probable that the person in question remains a non-Christian. . Very respectfully. uncivilized mode of life. even though they belong to no ground that civilized people are subject to such taxes. promulgated by Venancio Concepcion. 1639. in as to persons arriving from foreign countries or reaching the age of eighteen purchasing intoxicating liquors both he and the person selling the same subsequent to the expiration of such period. not by the regulations is practically a transcript of Circular Letter No.) ELLIS CROMWELL. East Indians. Chinamen. . regarding cedula taxes due from members of non-Christian tribes when they Secretary of Finance and Justice. the following The two circular above quoted have since been repealed by Bureau of clarification of the laws governing such questions and digest of rulings Internal Revenue Regulations No. but throwing his lot and living with a non-Christian tribe. etc. cedula. Secretary of Finance and Justice. The Philippine Islands classed as members of non-Christian tribes may be Chief of Constabulary request the opinion of the Attorney-General as to the divided into three classes in so far as the cedula tax law is concerned . D. All inhabitants of the The subject has come before the Attorney-General for consideration. Quite a large proportion of the cedula maintenance of or failure to maintain tribal relations with some of the well taxes paid in this city are paid by men belonging to the nationalities known wild tribes. concludes: when he so attaches himself to the community the same cedula and other taxes are due from him as from other members thereof.religious belief. 1. and approved on April 16. all provincial treasurers. would or would not be subject to the cedula tax. he thereby makes himself subject to precisely the same law that Attorney-General Avanceña. but because of their uncivilized mode of life and low state of development. the circumstance that he does or does not profess Christianity. I advise you that these should be the constructions place upon the 22 . Arabs. (Sgd. without requiring him to pay the tax for former years. F. status of a non-Christian who has been baptized by a minister of the Gospel. The precise questions were these: "Does he remain non-Christian or is he Whenever any member of an non-Christian tribe leaves his wild and entitled to the privileges of a Christian? By purchasing intoxicating liquors. however. 327. and non-civilized well recognized tribe. their mode of life. reason of the fact that they do not profess Christianity. This Office. since. 1910. and a regular class A. after quoting the same authorities hereinbefore governs the other members of that community and from and after the date set out. degree of advancement and so forth people preserving their tribal relations are not subject thereto. but his mode of life. thereunder is hereby published for the information of all concerned: Acting Collector of Internal Revenue. severs whatever tribal relations he may have had does he commit an infraction of the law and does the person selling same and attaches himself civilized community. the Collector of Internal Revenue addressed (Sgd. approved by the Secretary of Finance and Justice. and a condition similar to that which exist in Manila reason so called "Remontados" and "Montescos" will be classed by this also exists in most of the large provincial towns. come in from the hills for the purposes of settling down and becoming members of the body politic of the Philippine Islands. On September 17. belonging a member of the body lay himself liable under the provision of Act No. Arabs and other s are quite widely scattered and connection or lack of connection with some civilized community. HORD. nor even his Chinamen. Cedula taxes are therefore office as members of non-Christian tribes in so far as the application of the being collected by this Office in all parts of these Islands on the broad Internal Revenue Law is concerned. On one occasion a prominent Hebrew of Manila claimed to this office that he was exempt from In conclusion. to Collector of Internal Revenue. degree of advancement in civilization mentioned. This letter in part reads: Approved: In view of the many questions that have been raised by provincial treasurers (Sgd. 1639?" The opinion of politic. so that. circular letter No.. Section 30 of Non-Christian inhabitants of the Philippine Islands are so classed. If he comes in after In conformity with the above quoted constructions.) JNO. S. residing in Manila. or H make themselves liable to prosecution under the provisions of Act No. For this throughout the Islands. as the case may be. inasmuch as he was not a Christian.) GREGORIO ARANETA. by Honorable Victorino Mapa. 327. 1915. Collector of Internal Revenue. determining whether or not a man is subject to the regular cedula tax is not continued to collect cedula taxes from all the Jews. should be furnished him without penalty and At least. are practically the same as those of the Igorrots and members of other recognized non-Christina tribes. it should be borne in mind that the prime factors in the cedula tax.

Manguian signifies "savage. (Census of the Philippine Islands [1903]. Ignacio Villamor. In Pampango this ending still exists and signifies occasioned by the phrase. not only blood and have not advanced beyond the Negritos in civilization." It may be that the use of this word is applicable to a great The Philippine Commission in denominating in its laws that portion of the number of Filipinos. we The Philippine Census of 1903 divided them into four classes. Of the third submit that said phrase does not have its natural meaning which would class." "mountainer. They number approximately lateral meaning would make the law null and unconstitutional as making 15. as inhabitants of Mindoro. in the portion written by no less an authority government. and even before. In resume. War Department. 1. did not intended to establish a distinction based on the religious beliefs Filipino languages shows that the radical ngian had in all these languages a of the individual. living without Etimilogia de los nombres de Rozas de Filipinas." "pagan." from which we can deduce that the name was applied to men legislation employed to designate the uncivilized portion of the inhabitants of considered to be the ancient inhabitants. prepared in the Bureau of followed by the Government of the Philippines Islands in its dealings with the Insular Affairs. indicated in the preamble to Act No. whether Filipino or strangers. without dwelling on the difficulties which later would be sense to-day forgotten. but nevertheless it has been applied only to certain inhabitants of the Philippines which live in tribes as non-Christian tribes. inferentially. more directly. vol. . with the Indian tribes. and that these men were pushed the Philippines. 411 et seq). The present Director of the Census. usually living in tribal relationship apart from settled communities. roam in the mountains. but simply refers to those uncivilized Of the derivation of the name "Manguian" Dr. than De. pp. Barrows. primitive. pp. (See Census of the Philippine (Islands [1903]. and Visaya. in the provisions of the Administrative code which we are studying.law until a court shall hold otherwise. a sub-division under the title non-Christian so-called non-Christian people is said. and non- Christian or Wild Tribes. 2657 (articles 2145 and 2759) should be understood as The Manguianes are very low in culture. but its employed in three life. THE MANGUIANES. Solicitor-General Paredes in his brief in this case says: E. back into the interior by the modern invaders. Hon. III." In a Pronouncing Gazetteer and the policy adopted by the United States for the Indian Tribes. include all non-Christian inhabitants of the Islands. to be practically tribes is. it is insisted. specifically." "negro. The methods Geographical Dictionary of the Philippine Islands. H. adopted the expression which the Spanish "ancient. civilization." The phrase 'non-Christian inhabitants' used in the provisions of articles 2077 and 2741 of Act No. COMPARATIVE — THE AMERICAN INDIANS. join in the proposition that the term From the beginning of the United States. to geographical been treated as "in a state of pupilage." divides the population in the Christian or Civilized Tribes. 547. David P. and. With respect to the meaning which the phrase non-Christian inhabitants has The so-called non-Christians are in various state approaching civilization. writes that the classification likely to be used in the Census now being taken Reference was made in the Presidents' instructions to the Commission to is: "Filipinos and Primitive Filipinos. T. timid. Pardo de Tavera in his members of the non-Christian tribes of the Philippines who.000." The recognized relation between the area. . "Physical and Political Characteristics of the non-Christian Tribes. have not progressed sufficiently in civilization to make it practicable to bring them under any form of municipal The Official Census of 1903. to natives of the Philippine Islands of a law grade of Government of the United States and the Indians may be described as that 23 . and different executive officials. 23. Valuable lessons. In Tagalog." identical with that followed by the United States Government in its dealings which sufficiently shows that the terms refers to culture and not to religion. the Indians have "non-Christian" refers. in a way . not to religious belief. vol. but. says: home or fixed residence. then "Chief of the Bureau of non-Christian 460. therefore. Bicol. but because to give it its peaceful. They have considerable Negrito equivalent to members of uncivilized tribes of the Philippines. They are a because this is the evident intention of the law.) Tribes. are the Manguianes (or Mangyans) of Mindoro. and. 22. but. I. as distinctions base the religion of the individual. on argument. Even in primitive times without doubt this name was distinguished from the common Filipinos which carry on a social and civilized given to those of that island who bear it to-day. the Legislature and the Judiciary. semi-nomadic people. The manguianes have shown no desire for community life. beyond the reach of law and order . in whose language they were called the "ancients. can be derived by an investigation of the American-Indian policy. civilized or uncivilized.

These Indian tribes are the wards of the nation. by which the Indian tribes were forbidden to sell or official supervisions in the alienation of their property. the court said the Indians a possessory right to the soil over which they roamed and "that during the Spanish dominion. Dependent for their political rights. not as state. we not the transfer it to other nations or peoples without the consent of this paramount following: "Not only does the Constitution expressly authorize Congress to authority. 375).. and among the several States. This has always been recognized by the Executive and by Congress. Kagama ([1886].S. has their lands was such that Congress could prohibit the introduction of always been an anomalous one and of a complex character. But they asserted an ultimate as wards requiring special protection.of guardian and ward. For very within whose limits they resided. 118 U. The Indians are always subject to the It seems to us that this (effect of the law) is within the competency of plenary authority of the United States. the subject has always been deemed political in nature. and whether within or without the limits of a semi-independent position when they preserved their tribal relations. but long-continued legislative and State or the United States wished to purchase it. dependent largely for their Chief Justice Marshall in his opinion in Worcester vs. the Indians of the pueblos were treated hunted and established occasional villages. 215 U. vs. regulate commerce with foreign nations. those humane designs of civilizing the neighboring Indians. With the Indians themselves these relation are equally Indian communities within its borders. supra). Reference is herein made to the and diminished in numbers. whenever the question has arisen . . because the theater of its with the Indian tribes. and receive from the no protection. The opinion then continues: (Matter of Heff [1905]. it must exist in that government. or any part of it. and thus far not brought under the laws of the Union or of the State within the power of the courts to overrule the judgment of Congress. It is for the Congress to determine when and how the guardianship shall be terminated. Georgia. and always have been. so largely due to the preservation of the Indian nations as an object sought by the United States." States. They were." The court then proceeds to indicate a brief history of exercise is within the geographical limits of the United States. The court looked to the reports of the different Following the policy of the European Governments in the discovery of superintendent charged with guarding their interests and founds that these American towards the Indians who were found here. 488. as follows: In the later case of United States vs.S.. whether within its original territory or difficult to define. Georgia. there arise the duty of protection. and because it never has existed anywhere else. 197 U. From their very weakness and helplessness.. Because of the local ill feeling. because it has the position of the Indians in the United States (a more extended account of never been denied. . with the power of regulating their internal and social With reference to laws affecting the Indians. good reason. intoxicating liquor into those lands notwithstanding the admission of New Mexico to statehood. 231 U." And finally. Congress. the colonies before the Indians are dependent upon the fostering care and protection of the Revolution and the States and the United States since. have recognized in government "like reservation Indians in general. 24 . The are communities dependent on the United States. where subjected to restraints and title in the land itself. and with it the hunters into agriculturists.S. They owe no allegiance to the mentioned. or the regulate commerce with the Indians tribes. and by this court. question to be considered was whether the status of the Pueblo Indians and both before and since the Revolution. tribes. When a tribe wished to dispose of its lands. not as nation not a possessed of the fall attributes of sovereignty. The power of the A leading case which discusses the status of the Indians is that of the United General Government over these remnants of race once powerful. U." power.S. Celestine [1909].S. hereinbefore daily food. The United States recognized no attributed to the United States as a superior and civilized nation the power right in private persons. course of dealing of the Federal Government with them and the treaties in and proposes to effect this object by civilizing and converting them from which it has been promised." After quoting the people of the States where they are found are often their deadliest the Act. to make such a purchase by and the duty of exercising a fostering care and protection over all dependent treaty or otherwise. it has been held that it is not relations. and because it alone can enforce its laws on all the which can be found in Marshall's opinion in Worcester vs. 28) the The relation of the Indian tribes living within the borders of the United States. but as a separate people. not subject to the jurisdiction of the judicial department of the government. is necessary to their protection. now weak States vs. the opinion goes on — "This act avowedly contemplates the enemies." Continuing. to the people of the United States. regarded as having a territory subsequently acquired. a treaty with the tribe was executive usage and an unbroken current of judicial decisions have the only mode in which this could be done. Sandoval ([1913]. tells how the Congress passed an Act in 1819 "for promoting States.. or in other nations. as well as to the clause of the United States Constitution which gives Congress "power to safety of those among whom they dwell.

35 L. No. under color Indians who have formerly belonged to the Ponca tribe of Indians. the Manguian petitioner. vs. But even admitting similarity of facts. Then. he had caused the relators to as authority to determine that Rubi.S.. the United States sets apart any public land as an Indian exists. the friendly tribe of Poncase. 151 U. 29 Okla. 567. imprisonment by habeas corpus. [N. 232 U. leads me to conclude: All this borne out by long-continued legislative and executive usage. confer upon certain officers of 264.. Fed. for the purpose of being returned to the Indian Territory are not exactly identical.S. where existing. is that of United States vs. and completely severed their tribal relations therewith. 70 Fed. of much greater importance. 11 Wall. vs. .. pursuant to the said order. and connected with.S. in all cases where he may be The only case which is even remotely in point and which. and a be arrested on the Omaha Indian Territory. Whether such an extensive Western Invest. not . 168 U. 14891). it has full authority to pass such laws and authorize such decision concluded as follows: measures as may be necessary to give to the Indians thereon full protection in their persons and property.R.]. formerly belonging to the Ponca 2. or before a federal judge.) The reasoning advanced in support of my views.. 4 How. the Cherokee Tobacco [1871]. 577." The reservation. Burney [1897]. and for the purpose of regulating Roff vs.S. the respondent. 286. and it is so ordered. discretionary power is wisely vested in the commissioner of Indian affairs or 598.S. Worcester vs. the pursuit of happiness. The substance of the return to the writ was that the relators on forbidden ground. Hitchcock[1903]. The second question. for the government of the Indian country.. Adams the Government almost unlimited power over the persons who go upon the [1907]. Interior. States..S. 795. In discussing this question. Thomas vs. U. maintain themselves by their own exertions. That General George Crook. (U. and as such. Bollinger [1910].S. trade and intercourse with the Indian tribes. and 4. and 3. 598. 415. S. the decision just quoted could be used Territory. 616. 553. Lane [1913]. The petition alleged in substance that the relators are military department of the Platte. that they had some time previously withdrawn from the tribe. [1911]. and without aid or assistance from the general government.S. at the request of the Secretary of the custody. It is enough to know that the power rightfully therefore.A. And.) Whenever." so long as they obey the laws and do not trespass George Crook.S. Georgia. is a "person" within the meaning of the Habeas Corpus Act.S. 218. that Indians have the court reviewed the policy the Government had adopted in its dealing with been taken from different parts of the country and placed on these 25 . U. 281. that they had fled or escaped form a reservation situated some place within 5. Being restrained of liberty under color of authority of the United States. reservations without lawful authority . 169 U. and. This was a hearing upon return to a States.. as well as the without being guilty of violating any of the laws of the United States. vs. confined or in custody under color of authority of the United States or where might result in the issuance of habeas corpus. located in the Indian Territory. they more fortunate white race. vs.278. the right to sue out a writ of habeas corpus in a federal court. and in violation of the laws therefore. 216 U. Tiger vs. has the custody of the relators. writ of habeas corpus issued against Brigadier General George Crook at the relation of Standing Bear and other Indians.) We so decide. Co. Cas. and were then endeavoring to the Indian Territory. citizen of the Philippine Islands. 84.S. the limits of the Indian Territory — had departed therefrom without and in violation of the laws thereof. and were arrested and restrained of their liberty by order of the respondent. U. 221 U.. and have the inalienable right to "life. as the respondent has been directed to do. 187 U.. liberty. Gay [1898]. That n rightful authority exists for removing by force any of the relators to had adopted the general habits of the whites. continuing. being commander of the Tribe of Indians. are individual members of. the Ponca tribe of Indians.S. and. he is restrained of liberty in violation of the constitution or laws of the United Crook ([1879]. Thomas [1894]. 204 U. Wallace vs. that the Indians possess the inherent right of expatriation. therefore. now of authority of the United States. . that whilst they were thus engaged. Cyr vs. to all that Indian reservations do exist in the United States. if followed literally. entitled to sue out a writ in the Philippine The first question was whether an Indian can test the validity of an illegal courts. Sandoval. the relators must be discharged from permission from the Government. Walker (1911]. supra. supra. a Filipino. Conley vs. yet it is known from which it was alleged the Indian escaped. need not be questioned. (See also In re Race Horse [1895].. that an Indian is a 'person' within the meaning of the laws of the United unbroken line of judicial decisions. the court said: "Laws passed Rogers [1846].. and that. Lone Wolf vs.. and an 1. the exercise of the power must be upheld. the General of the Army had issued an order which required the respondent to arrest and return the relators to their tribe in the Indian As far as the first point is concerned. and has. related to the right of the Government to arrest and hold the As to the second point the facts in the Standing Bear case an the Rubi case relators for a time.

248 Fed.S. to be exercised course is deemed necessary in the interest of law and order?" As officials under and in pursuance of the law. by Judge Ranney. 88.. The Legislature may make decisions of executive departments of subordinate official thereof. to be exercised by the provincial governor and the provincial board. namely: "The true distinction therefore is between the delegation of power to make the Who but the provincial governor and the provincial board. An understanding of the An exception to the general rule. 204 U. 364. it provides for the segregation of 'non-Christians' and none other. W. (U. it is that the Section 463 of the United States Revised Statutes provided: "The determination of this policy is for the legislative and executive branches of Commissioner of Indian Affairs shall. contended. been treated as wards of the nation.t..S. 141. final on questions of delegation of legislative power by the Philippine Legislature to provincial fact. it any is needed. the central legislative body to delegate legislative powers to local authorities. without any previous consultation as to their own wishes. discretionary authority as and unambiguous. Some such supervision was necessary.S. vs. with the approval on behalf of his unknown clients. 1) may be committed of being in a backward state? by the Legislature to an executive department or official. they have been made to remain on the and taking of one hundred and sixty acres by the relator out of the lands reservation for their own good and for the general good of the country. 10 Wheat.) The growing tendency in the official and a department head. In the absence of special provisions naturally it The first constitutional objection which confronts us is that the Legislature would be exercised by the Indian Department. submitted Legislature merely conferred upon the provincial governor.S. Lane [1914]. CONSTITUTIONAL QUESTIONS. under the direction of the Secretary of the government and that when once so decided upon. says that — "The statute is perfectly clear of the provincial board and the Department Head.S. Section 2145 of the Administrative Code of 1917 is not an unlawful to whom t has committed the execution of certain acts. Comm'rs. which once accepted. as held by Chief Justice conditions most favorable for improving the people who have the misfortune Marshall in Wayman vs. 1 Ohio S. lesson can be drawn form the Indian policy of the United States.. ([1906]. power should be zealously protected. in a truly remarkable brief. & Z. R.. we agree. Perhaps." (Cincinnati. vs. Co. and has been exercised. to the later no charged with the administration of the province and the protection of its valid objection can be made. In limpid English.S. and since followed in a multitude of case. disclose that it has not bee violated in his instance. Kinkead [1918]. The first cannot be done. and in words as plain and unequivocal to the execution of the law? Is not this "necessary"? as language can express." The inevitable result. [1907]. 232 U. a good deal. Southard ([1825]. warrant a regulation obviously made for the welfare of the rather helpless people concerned. vs. Union Bridge Co. and mandamus to require the Secretary of the Interior to approve the selection that. for petitioners. which necessarily involves a discretion as to what it shall be.. and representatives of the province. In so attempting. and of all matters may forceful reasons exists for the segregation as existed for the arising out to the Indian relations. especially in view of the long established practice of the Department." Justice Holmes said: "We should hesitate segregation of the different Indian tribes in the United States..) That the maxim of Constitutional Law forbidding the delegation of legislative There is another aspect of the question. who but they are better fitted to select sites which have the Clinton County [1852]. 205 U. inhabitants. is that the law "constitutes an The case of West vs. If any ceded to the United States by the Wichita and affiliated bands of Indians.) Discretion. them. The Indians have A. B. avoided its full responsibility. sanctioned by immemorial practice. however. 80) was a petition for attempt by the Legislature to discriminate between individuals because of 26 . as the official law. vs." (See also as corroborative could not delegate this power to provincial authorities. just as prescribe. RELIGIOUS DISCRIMINATION Is not all this exactly what the Legislature has attempted to accomplish by the enactment of section 21454 of the Administrative Code? Has not the The attorney de officio. The power of Congress is not doubted. U. permits rule will. before saying that this language was not broad enough to IV. 598. have the management of all Indian affairs. it is authority. DELEGATION OF LEGISLATIVE POWER. is decisive. and agreeably to such regulations as the President may interfere to upset a carefully planned governmental system. are better qualified to judge "when such as conferring an authority or discretion as to its execution.reservation. Hitchock. decision is to give prominence to the "necessity" of the case. The Philippine Legislature has here conferred authority upon the Province of The rule has nowhere been better stated than in the early Ohio case decided Mindoro. when once so located. the Philippine Legislature has abdicated its authority and reviewing the previous decisions of the United States Supreme Court: U. the courts should not the Interior.

the statute has violated this constitutional guaranty. and that section 2145 of the Administrative Code of On any other basis. as the safety of the general public may universal in their application." This members. and essential to his carrying out these purposes to a 27 . But it is equally true that in very well- shall deprive any person of life. consistently with the peaceful enjoyment of with the possession of like liberty by every other. There is. Social Statistics. welfare. the rights of the individual in respect of his liberty may at times. (Montesque. The term cannot be dwarfed into mere freedom from Liberty is the creature of law. 118 U. and is. 356.. or of nationality..) The protection afforded the individual is Liberty is freedom to do right and never wrong. and Q. his arguments is answerable — the Legislature must be understood to mean what it has plainly expressed. Liberty includes the right of others to keep off from us. or deny to any person therein the equal protection of the laws. but is deemed to embrace the licentiousness that trespasses on right. Massachusetts [1905] 197 U. to earn his livelihood by an lawful calling.) where he will. whether in respect of his person or LAWS. Society based on the rule that each one is a law unto himself differences. Even liberty itself. (Field. J. to all persons within the territorial jurisdiction." (Yick Wo vs. does not discriminate between individuals an account of religious members. 11. like freedom in others. As enunciated in a long array of authorities including epoch-making Liberty exists in proportion to wholesome restraint. to enter into all contracts which may be Liberty consists in the ability to do what one caught to desire and in not proper. But. to live an work is protected from injury. would soon be confronted with disorder and anarchy. . 94. . an for that purpose. or property without due process of ordered society charged with the duty of conserving the safety of its law. spirit of the Laws. organized society could not exist with safety to its 1917. wholly freed from restraint. the offspring of high Creator." being forced to do what one ought not do desire. especially as classification of inhabitants according to religious belief leads the court to Liberty does not import "an absolute right in each person to be. In Jacobson vs." (Harlan. J.. which the savage never understood. essentially different from that authorized physical restraint of the person of the citizen. of color. . the greatest of all rights. The right to Liberty guaranteed by the Constitution p. Real liberty for all could not exist under the operation of a principle which recognizes the right C.their religious beliefs. We hold that the and in all circumstances. demand. in D. and the upright and honorable conscience of the individual. 393. that man is free who the citizens to be free to use his faculties in all lawful ways. Hopkins [1886]. at all times what it should avoid. essential to the equal enjoyment of the same right by others. a sphere with which the individual may asserts the supremacy of The third constitutional argument is grounded on those portions of the his own will. it has been said "are enforced by reasonable regulations. It is a legal and a refined idea.) Counsel's premise once being conceded.) The conception of civil liberty has been variously expressed thus: Civil Liberty may be said to mean that measure of freedom which may be Every man may claim the fullest liberty to exercise his faculties. we do not feel free to discard the Crowley vs.) includes the right to exist and the right to be free from arbitrary personal restraint or servitude. the nullification of legislative action. (II Webster's Works. constitutional limitation is derived from the Fourteenth Amendment to the under the pressure of great dangers. DUE PROCESS OF LAW. (Apolinario Mabini.. Christensen [1890]. and never can understand. necessary. 137 U.S. his property. It is only freedom from restraint under conditions Organic Law. to pursue any avocations. compatible enjoyed in a civilized community.S. unconstitutional. and the especially of any free government existing under a written Constitution — to Jones Law. providing "That no law shall be enacted in said Islands which interfere with the exercise of that will. There are manifold term "non-Christian" refers to natives of the Philippines Islands of a low restraints to which every person is necessarily subject for the common good. LIBERTY.S. EQUAL PROTECTION OF THE of each individual person to use his own. the Philippine Bill. That authorized licentiousness that right of man to enjoy the faculties with which he has been endowed by this trespasses on right. as hereinbefore stated. grade of civilization. the more liberty we have .) without regard to any differences of race. . is no unrestricted license to ac judicial construction is then excluded. E. 86. it is ever guided by reason then as much for the non-Christian as for the Christian. the more restraint on decisions of the United States Supreme Court. be subjected to such restraint to be United States Constitution — and these provisions. consequently.. (Spencer. liberty. of course. and rightfully dispute the authority of any human government — President's instructions of to the Commission. religious equality is demanded by the according to one's own will.) long continued meaning given to a common expression. p. subject only to such restraints as are necessary for the common civilization. is invalid. regardless of the injury that may be done to others .

S. The R. the state or to all of a class.S. 261. second." as form such servitude may have been disguised. Peablody [1909]. if Amendment to the United States Constitution particularly as found in those exercises without restraint. which regards and preserves these principles of liberty and justice. "jurisdiction" of the United States. 4 Wall. compulsory service of one to another. Slavery and involuntary law. Allgeyer vs. Cruz [1914]. . 114 Wis. 516. literature. Leland [1829]. it is "Liberty regulated by law. no matter under what general rules which govern society. The chief elements of the guaranty are the right to that it shall be enforced according to the regular methods of procedure contract. for the good of the individual and for the greater good of the peace and order of society and the general well-being. It varies with the subject-matter things which are ordinarily done by free men. must be held to be due Not attempting to phrase a definition of police power. the Philippine Legislature has. Wilkinson vs. p. of the legislative power. of sections 268 to 271 inclusive of the United States Criminal None of the rights of the citizen can be taken away except by due process of Code. all denote "a condition of Case before the United States Supreme Court. it may be said that Liberty means the opportunity to do those process of law depends on circumstances. 627. . leaving the logical deductions to license. (Bailey vs. such assumed rights must yield to the regulation of law. Government. vs. in the course of the argument in the Dartmouth College servitude. has been often held. a judicial proceeding is not always necessary. and to legislate so as to increase 28 . 539. that "every citizen 203 U. vs. 104. Kreutzberg [1902].. affirmed on appeal to the United States Supreme Court. Williams vs.S. property.) classification must have a reasonable basis and cannot be purely arbitrary in nature. Every man must renounce unbridled license. even a hearing and notice are not requisite a rule which is especially true where much must be left to the discretion of the So much for an analysis of those constitutional provisions on which administrative officers in applying a law to particular cases. One thought which runs through all these different conceptions of Liberty is plainly apparent. It shall hold his life. "first. U. 1) "What is due In general. an immunities under the protection of the has been applied to any servitude in fact involuntary. See 6 not infringed by a statute which is applicable to all of a class. that this law shall be reasonable in its operation.) may be. prescribed the punishment for these crimes.) The term of broadest scope is possibly involuntary servitude. nor shall involuntary servitude exist except as a punishment for The Liberty of the citizens may be restrained in the interest of the public crime whereof the party shall have been duly convicted. U. 165. has force in the Philippine. (See Hall vs. and fourth. 82.. together wit their corollary.. and that among its purposes is the in harmony with the general powers of the legislative department of the power to prescribe regulations to promote the health. 212 U. or of the public order and safety. morals. Fears [1900]. In some 219 U.) Neither is due process a stationary and blind power under which the State must act if section 2145 is to be held valid. deprive other citizens of rights which are also portions of Philippine Organic Law providing "That slavery shall not exist in and equally natural. (There can be noted and necessities of the situation. "Any legal proceeding enforced by public authority." (Hurtado vs. 578. with necessary modifications. However this Hardie-Tynes Manufacturing Co. 1. and the prescribed.. 219. 2 Pet. 258. Geiger-Jones [1916]..S. all that it is necessary process of law.) "Due to note at this moment is the farreaching scope of the power. since reaching to "any place subject to" the of the police power. The right of the individual is necessarily subject to reasonable restraint by general law for the common The fourth constitutional contention of petitioner relates to the Thirteen good. State vs. is not We break off with the foregoing statement." (U. peonage. 274. education.. 277. 110.. that it shall be applicable alike to all the citizens of right of locomotion." (Moyer vs.. or newly devised in the discretion E. the right to labor. S. 66. [1906]. No man can do exactly as he pleases. Ling Su Fan [1908].L.successful conclusion. D. SLAVERY AND INVOLUNTARY SERVITUDE. and good order of the people. Alabama [1910]. (See McGehee. THE POLICE POWER.S." It is quite possible health. California [1883]. It is this: "Liberty" as understood in democracies." To constitute "due process of law. 530. said Islands. 179 U.C.. Next must come a description of the police Due Process of Law. Daniel Webster. 242 U. since a classic in forensic enforced. 189 Al..S. said that the meaning of "due process of law" is. that it has process of law" means simply . in furtherance of the public good.) instances. 371. petitioners rely for their freedom. third. whether sanctioned by age and customs. that there shall be a law prescribed become almost possible to limit its weep.S." (Hodges vs." Implied in the term is restraint by law be made later on. sentinel of liberty. Whenever and wherever the natural rights of citizen would.. liberty. peace.S.) Cummings vs. U. by adoption.. or otherwise within the proper scope that the Thirteenth Amendment. 10 Phil. the right to choose one's employment. Louisiana The pledge that no person shall be denied the equal protection of the laws is [1896]. Missouri [1866].

" (Lake View vs. population to equality and unification with the highly civilized Christian inhabitants. fort the action. and is not inaptly termed the 'law of by the boys to the work of the school the requirements of which they appear overruling necessity. (4) the protection of the public forests in which (c) The extention of public works throughout the Mohammedan regions to they roam. the judiciary rarely obtained during the period of less than one year since the beginning of the attempt to dam the on rushing power of legislative discretion. 191. (5) the necessity of introducing civilized customs among the facilitate their development and the extention of government control. individual. that there appears to be encouraging reaction coextensive with self-protection. The Government exercise of the police power of the Philippine Government belongs to the will follow its policy to organize them into political communities and to Legislature and that this power is limited only by the Acts of Congress and educate their children with the object of making them useful citizens of this those fundamental principles which lie at the foundation of all republican country. .' It may be said to be that inherent and plenary power in to meet with enthusiastic interest after the first weeks which are necessarily the State which enables it to prohibit all things hurtful to the comfort. 70 behaviour and habit of life. purposes of the law do not go beyond the great principles that mean security for the public welfare or do not arbitrarily interfere with the right of the Of course. the following: amicable relations among them and with the Christian people. upon his return to Manila. we should of all the non-Christian people. Rafferty [1915]. 32 Phil.) Carried onward by the current of legislation. Pompeya [1915]. "There can be not doubt that the to live a nomadic life and evade the influence of civilization." This is carried on by the adoption of the following measures: F.. such legislative intention should be effectuated. "is a power construction of buildings.S. 1918." With the foregoing approximation of the applicable basic principles before us. 113 U. there were many who were protesting against that segregation. to promote social and commercial intercourse and maintain the motives for its selection. . assigned as reasons organized communities. 31 Phil. vs. the following: (1) The failure of former attempts for the advancement of the non-Christian people of the province. LEGISLATIVE INTENT. (See Barbier vs. administration — "the advancement of the non-Christian elements of our If legally possible. (d) Construction of roads and trials between one place and another among The present Secretary of the Interior says of the Tigbao reservation and of non-Christians. provided the institution definitely justify its continuance and development. that creditable progress has been made in the clearing of forests. . Rose Hill Cemetery Co.. made the following statement to the press: The Government of the Philippine Islands has both on reason and authority the right to exercise the sovereign police power in the promotion of the "It is not deemed wise to abandon the present policy over those who prefer general welfare and the public interest. Manguianes. [1873]. before finally deciding whether any constitutional provision has indeed The Secretary of the Interior. they will commit U. and (2) the only (b) The extension of the public school system and the system of public successfully method for educating the Manguianes was to oblige them to live health throughout the regions inhabited by the non-Christian people. develop its resources and add to is wealth and prosperity. of the police power. 29 .S. 245. or if not they will be subject to involuntary servitude by those who may want to abuse them. To permit them to live a wayfaring life will ultimately result in a forms of government. There he found that the site selected is a good one.. Connolly [1884]. (a) Pursuance of the closer settlement policy whereby people of The preamble of the resolution of the provincial board of Mindoro which set seminomadic race are induced to leave their wild habitat and settle in apart the Tigbao reservation. Such was naturally to be expected. burden to the state and on account of their ignorance. in a permanent settlement. The Solicitor-General adds the following. 27.) crimes and make depredation. etc. who is the official charged with the supervision been violated by section 2145 of the Administrative Code. the Secretary of the Interior on June 10 to 13. made a trip to the place." one court has said.the industries of the State. But the Secretary of the Interior. it will be remembered. has adopted as the polaris of his endeavor to ascertain the intention of the Legislature in enacting this section. He also gathered the impression that the results Ill.. (3) The protection of the Manguianes. "The police power of the State. 580.) What we are not To inform himself of the conditions of those Manguianes who were taken interested in is the right of the government to restrain liberty by the exercise together to Tigbao." (Churchill and Tait vs. safety a somewhat trying period for children wholly unaccustomed to orderly and welfare of society..

civilization. Government. Segregation really constitutes protection them to live and work. a low degree of intelligence. are again plain. Practically. and Filipinos who are a drag upon the progress agricultural. Settlers in Mindoro must have their crops and persons protected from predatory men. and its. we have on the Island of Mindoro. the purpose of the ( f ) The encouragement of immigration into. On these few reservations there Government to organize them politically into fixed and per manent live under restraint in some cases. Manguianes. If immigrants are to be encouraged to develop the resources of the great rapid. True. and political equality. and apparently working out for the ultimate good of (e) Pursuance of the development of natural economic resources. What the Government wished to do by bringing than into a reservation was to gather together the To attain the end desired. material. the Government towards the non-Christian people in the following unequivocal purposes of the Legislature in enacting the law. proper wards of the Filipino people? By the fostering care of a wise convincing.) Act No. They are being made to understand that it is the purpose of the improved. we know that the axiom is not precisely accurate. "bringing under the bells. carefully formulated. But just as surely. are not free. The social. 3. unproductive regions. (Note Acts Nos. especially these people? agriculture. educate their children. they are Filipinos. with many but not all the rights which citizenship implies. protect them from involuntary servitude and abuse. and of the investment of private Government is evident. that they be gathered together. and Islands of Mindoro. In short. leading a nomadic life. if they are to be settlements. (Sec. a few communities. (See Report of the Department for 1917. The fundamental objective of governmental policy is to establish friendly indeed. And true. as civilized men are free. making depredations on their more fortunate neighbors.) interest of the State. has been followed with reference to the Manguianes and are being persuaded to abandon their wild habitat and settle in organized other peoples of the same class. because it required. and unification with the more highly civilized Manguianes. for the manguianes. The State to protect itself from destruction must prod on the May the Manguianes not be considered. as are the Indians in the United laggard and the sluggard. defines the aim of the In so far as the relation of the Manguianes to the State is concerned. the fertile regions of Mindanao and Sulu. Waste people do not advance the the Archipelago. one may assert that all men are created free and equal. for instance. as yet. It is no It shall be the duty of the Bureau of non-Christian Tribes to continue the argument to say that such crimes are punished by the Penal Code. and they inhabitants of the country. To quote again from the instructive memorandum of the Secretary of the 30 . 2208. always having in view the aim of must be in a position to guarantee peace and order. the Manguianes are citizens of relations with the so-called non-Christians. these penalties are imposed after commission of the offense and not before. 2404. or they will leave the country. Illiteracy and thriftlessness are not conducive to homogeneity. economic. they are being impressed with the Theoretically. and to promote their educational. uneducated in the ways of civilization. and of the executive branch terms: in enforcing it. and in other instances voluntarily. social. and complete fusion of. industrial. 2674 in reestablishing the Bureau of non-Christian Tribes. and to improve the health and morals — among the non-Christian people. Those of them who are still given to nomadic habits existing situation. and show them the advantages of leading a civilized life with their civilized brothers. to begin the process of civilization. Here. because work for advancement and liberty in favor of the region inhabited by non. they are citizens. to aid thousands of the uncivilized people.) are not the equals of their more fortunate brothers. and economic development and advancement in of the State. purposes and objectives of the Government of leading them to economic. Christian Filipinos and foster by all adequate means and in a systematical. the Government political development of those regions." The same idea adapted to the benefits of civilization. all the Christian and non-Christian elements populating the provinces of Waste lands do not produce wealth. and doing The Secretary adds: nothing for the advancement of the Philippine Islands. The great law of overwhelming necessity is all States. thus bringing them under the control of the Government. 2444. rendering permanent the mutual intelligence between. this method was termed in to improve their living conditions in order that they may fully appreciate the Spanish times. In so far as the Manguianes themselves are concerned. These people are being taught and guided was in fine. indeed. the capital in. work of a civilizing influence have been continued children for educational purposes. may not these unfortunates advance in the "habits and arts of civilization?" Would it be advisable for the courts to intrude upon a plan. and complete manner the moral.

that the Government should not adopt any measures looking to the welfare and advancement of the class of persons in question. therefore. this people from the claws of ignorance and superstition. light of what has already been accomplished which has been winning the Not bringing any benefit to the State but instead injuring and damaging its gratitude of most of the backward people. Attention in this connection is savagery without even the remotest hope of coming to understand liberty in invited to the fact that this people. everything is being done from them have a correct idea of what liberty is and do not practise liberty in a rightful in order that their advancement in civilization and material prosperity may be way? assured. They are But does the Constitutional guaranty that 'no person shall be deprived of his being aided to live and work. like the Manguianes. what will ultimately become of these people with the sort of liberty simply because a certain element. burning and destroying forests and making illegal caiñgins the works of civilizing them and making them useful citizens. They do not To say that it does will mean to sanction and defend an erroneous idea of work for anybody but for themselves. living a nomadic and wayfaring life. nay challenge. and even blood only to redeem be subjected to involuntary servitude by those who may want to abuse them. now willingly retire because there has been erroneously invoked in their favor that There is no doubt in my mind that this people a right conception of liberty Constitutional guaranty that no person shall be deprived of his liberty without and does not practice liberty in a rightful way. servitude. can they allege that they are being deprived thereof without due process of law? The manguianes in question have been directed to live together at Tigbao. treasure. or if not they will Shall we. They will thus thereon. the roving about is the property of the nation. There is. Their children are being educated in a school liberty without due process of law' apply to a class of persons who do not especially established for them. It will mean. instead of permitting them to roam all over the entire territory? This measure is necessary both in the interest of xxx xxx xxx the public as owner of the lands about which they are roving and for the proper accomplishment of the purposes and objectives of the government. The latter measure was adopted as why can not the government adopt a measure to concentrate them in a the one more in accord with humanity and with national conscience.Interior: more and more towards the education and civilization of such people and fitting them to be citizens. They understand liberty as the due process of law? To allow them to successfully invoke that Constitutional right to do anything they will — going from one place to another in the guaranty at this time will leave the Government without recourse to pursue mountains. In the — burning and destroying the forests and making illegal caiñgins thereon. It will mean that this But they are compelled to live there and prohibited from emigrating to some people should be let along in the mountains and in a permanent state of other places under penalty of imprisonment. and the entire space where they are In dealing with the backward population. they (the manguianes) are engaged in the works of destruction a day which is not far distant when they will become useful citizens. The progress of those people under the tutelage Living a nomadic and a wayfaring life and evading the influence of of the Government is indeed encouraging and the signs of the times point to civilization. They move from one place to another as the conditions of living warrants. do not its true and noble sense. no involuntary such class of persons as to what liberty is. The national legislation on the subject of non-Christian people has tended For as people accustomed to nomadic habit. believing that their personal interests they wish to preserve and for which they are now fighting in court? They will would be injured by such a measure has come forward and challenged the ultimately become a heavy burden to the State and on account of their authority of the Government to lead this people in the pat of civilization? ignorance they will commit crimes and make depredations. after expending sweat. certain fixed place on the public lands. There they are being taught and guided to improve their living conditions. in the case at bar. xxx xxx xxx They are being made to understand that they object of the government is to organize them politically into fixed and permanent communities. the greater part being lands of Government has been placed in the alternative of either letting them alone or public domain. left in a permanent state of savagery and become a vulnerable point to attack by those who doubt. have permanent individual property. In short. shall we give up the noble work interests. they will always long to return 31 . Wandering from one place to another on the public lands. guiding them in the path of civilization. the ability of the nation to deal Not knowing what true liberty is and not practising the same rightfully. Certainly their living together in Tigbao does not make them slaves or put them in a condition compelled to do services for another. how with our backward brothers.

S. Considered. however. But public policy is not a thing inflexible. As to the particular degree to which the Legislature and the so-called non-Christians has been in vain. and unless a penalty is provinced for. The early Act of Congress of 1802 (2 U. therefore. In resolving such made from time to time as sound reason and a true sense of justice may an issue. impossible for the courts to determine. may the right and liberties of the individual members of society be that one is perceived to tip the scales which the court believes will best subordinated to the will of the Government? It is a question which has promote the public welfare in its probable operation as a general rule or assailed the very existence of government from the beginning of time. The answer would naturally be that the official into whose hands are given the enforcement of the law would have little or not motive to oppress these As a point which has been left for the end of this decision and which. and it applies official. or by the aid of The question is above all one of sociology. Every really new question that comes before the courts is. equally drastic remedy. in the purpose. Again the same law provided for the apprehension of marauding without when the degree of civilization of the Manguianes is considered. the Government of organizing them politically will come to naught. this law and other similar were accepted and They are restrained for their own good and the general good of the followed time and again without question. only the validity of the law the Supreme Court of Tennessee writes: is generally challenged and no particular case of oppression is called to the attention of the courts. But a great malady requires an from certain localities ? To furnish an example from the Indian legislation. we leave this weak law.to the mountains and follow a wayfaring life. Now principle. to go where he pleases. would lead to the determination that section 2145 is valid. as axioms of economics and political theory. APPLICATION AND CONCLUSION. of course. they did ill-treat any person thus confined. it is asked. you can not make them live together and the noble intention of The doctrines of laissez faire and of unrestricted freedom of the individual. How far. on the necessities of the class attempted to be Our attempt at giving a brief history of the Philippines with reference to the benefited. this is. there always exists the Government.. Gambles vs. demonstration of governmental activity. it the endeavor to carry out the purposes of the law intelligently and patriotically. last analysis. freedom. the Judiciary must realize that the very existence of government dictate. Stat. What. To go back to our definition of due process of law and equal protection of the It is said that. purely as an exercise of the police power. The idea to unify the people of the Philippines so 32 . 141) Indian reservation. at L. and for a consistent governmental policy has been effective in the Philippines from along time to come will be. In balancing conflicting solutions. objections and to reach a general conclusion. Indians. Distinctions must be has been transferred to the peaceful forum of the Judiciary. speaking. and the courts are always Vanderbilt University (200 Southwestern Reporter. dependent." renders imperatives a power to restrain the individual to some extent. are of the past. would be the remedy of any oppressed Manguian? alike to all of a class. Without any doubt. it is. an unusual exercise of that power. it is enforced and defenseless people confined as in a prison at the mercy of unscrupulous according to the regular methods of procedure prescribed. if we hold this section to be constitutional. Nor can one say that due process of law has not been followed. If. Could be not. No court is wise enough to purely an ethical or philosophical subject. attitude which the courts should assume towards the settled policy of the indeed. if we fail to realize that a Executive can go in interfering with the rights of the citizen. be kept away indeed. determined on that theory. the presumption would all be that they would of doubt. When. The modern period has shown as widespread belief in the amplest possible G. it is argued that the citizen has the right. power of removal in the hands of superior officers. p. it would seems that the Judiciary should not We can seen objection to the application of public policy as a ratio unnecessarily hamper the Government in the accomplishment of its laudable decidendi. when not determined by differentiation of the principle of a prior case or line of cases. In a late decision with which we are in full accord. consistently with analogies furnished by such prior case. however. 510) the Chief Justice of open for a redress of grievances. in case people. The courts unfortunately have sometimes seemed to trial after the other two branches of the government in Our exhaustive study should have left us in a position to answer specific this progressive march. Philippines. Those citizens certainly did not possess absolute freedom of Further. the law seems to be reasonable. early days to the present. the courts In the first place. on the contrary. there exists a law . it forecast its influence in all possible contingencies. generally cannot fairly say that the Legislature has exceeded its rightful authority. nor now to be decided by force. one cannot hold that the liberty of the citizen is unduly interfered locomotion.

had they at any time adhered to or Arellano. Holmes. but a mode of life as would not be inimical to the lives or property or CARSON. correctly finds that these words. If the when used in the Philippine statute-book as a descriptive adjective. or any individual member of such a group. the courts must take "a discloses that the standard of civilization to which a specific tribe must be chance.that they may approach the highest conception of nationality." or "inhabitants." it should be with a view to upholding the law. enforce upon its membership the general laws and regulations. We are further of the be brought in contact with members of the tribe. The public policy of the and provinces throughout the Islands. such that it is feasible and practicable to extend to. furthermore. not issue. as used in this governmental policy. in order to remove such Petitioners are not unlawfully imprisoned or restrained of their liberty. denote the 'low grace of civilization" of the own good and the good of the country." (Cf. J. a made of life. C. Government of the Philippine Islands is shaped with a view to benefit the Filipino people as a whole. to justify its removal from the class embraces with effectuation of the general governmental policy. as I think. The whole occupation always have been.J. administrative. has to take some chances.) "constitutional law. Mindoro must be populated. and judicial. with a view to the found to have advanced. but with that statute-book. somewhat analogous to the Indian policy of the United So the standard of civilization to which any given number or group of States. and with a view to the the descriptive term "non-Christian. definite and well settled signification equal before the law. "the mode of life." (Blinn vs. I fully concur in the reasoning and the conclusions of Justice Malcolm as set forth in the prevailing." "people. opinion that section 2145 of the Administrative Code is a legitimate exertion of the police power. in one of the aphorisms for which he is justly famous.. To this I would add that the tests for the determination of the fact that an individual or tribes Most cautiously should the power of this court to overrule the judgment of is. 222 U. and connection or lack of connection with some civilized of the courts whenever political ideas are the moving consideration. group or individual from the class embraced within the statutory description Habeas corpus can. If all are to be The words "non-Christian' have a clear. the degree of advancement tendency of the best considered case is toward non-interference on the part in civilization. Administrative Code does not deprive a person of his liberty without due which does not find expression in tribal customs or practices which tend to process of law and does not deny to him the equal protection of the laws. must be found to have advanced. JJ. which control the conduct of the We are of the opinion that action pursuant to section 2145 of the admitted civilized inhabitants of the Islands. normally result in the withdrawal by such persons of permanent allegiance or adherence to a "non-Christian" tribe. not only to Separate Opinions maintain a mode of life independent of a apart from that maintain by such tribe. and force as are the other departments of the Government. as we have said.. Nelson [1911].) If in the final decision of the The legislative and administrative history of the Philippine Islands clearly many grave questions which this case presents." dwelling in more or less remote districts and its fertile regions must be developed. of "non-Christian. This is the true ruling of the court. and set out in the principal opinion. 1. in this particular case. concur. a coordinate branch." as that term is used in the Philippine court's performing its duty in no narrow and bigoted sense. and without challenging the validity of the statute. inhabitants of particular province in these Islands. individuals included in the class to which they are applied. or to expose to loss or peril the lives or property of those who may not constitute slavery and involuntary servitude. letter of Collector of Internal Revenue dated September 17. concurring: general welfare of the civilized inhabitants of the Islands with whom they are brought in contact. Section 2145 of the Administrative Code of 1917 is constitutional. must be confined for a time. for their connection in our statute-book. be exercised. all must be approximately equal in intelligence. like other mortal contrivances. opinion. is that degree of civilization which results in a mode of life broad conception which will make the courts as progressive and effective a within the tribe. brutalize or debauch the members of the tribe indulging in such customs or and that confinement in reservations in accordance with said section does practices. legislative. So ordered. The contention that. and throughout the period of American the Philippine Legislature. and which would qualify them whether they reside within or beyond the habitat of a "non-Christian" tribe. The Manguianes. or is not of the "non-Christian" are. applied Philippines is to be a rich and powerful country. to "tribes." is that degree of civilization which would naturally and Costs shall be taxes against petitioners. Torres and Avanceña. Justice community. maintained allegiance to such a tribe. in order to fulfill this Justice Malcolm.. therefore. the writ should issue because of the failure to give 33 .S.. said that 1910.

as a rule. — There shall be maintained in members of the tribe affected by the order. would have the same force whether the issuance of a reconcentration order I dissent. and non-Christian inhabitants of the provide for a genuine hearing upon a proposal to issue a reconcentration province. reconcentration orders issued.these petitioners. or upon the fifteen thousand Manguianes roaming in the wilds of review the action of the administrative authorities in the enforcement of Mindoro. material. the objection based on lack of a hearing. should be is a "non-Christian" as that term is used in the statute. Mindoro were ordered by the Provincial governor of Mindoro to remove their — It shall be the duty of the Bureau of non-Christian tribes to continue the residence from their native habitat and to establish themselves on a 34 . individual are found to be of such a low grade of civilization that their own wishes cannot be permitted to determine their mode of life or place of I realize that a dissenting opinion carries little weight. All persons in the Philippine Islands are entitled to orders rests upon analogous principles to those upon which the liberty and a hearing. justice will not permit me to let this decision go on record without expressing may strong dissent from the opinion of Justice Malcolm. always having in view the aim of of such an order. The power rests upon necessity. but for their own good and the general MOIR. but since non- Christian head men and chiefs in the Philippines have no lawful authority to JOHNSON. American Indians have been placed upon reservations. rapid. that "great master of all things... I. Township and settlement fund. upon approval of the Secretary of the Interior. concurred in by a The status of the non-Christian inhabitants of these Islands. or to be be available. to all the SEC. it may well be doubted whether the provincial treasuries of the respective specially organized provinces a the provincial board and the Secretary of the Interior would have been special fund to be known as the township and settlement fund. the case at bar does not raise any real question as to the Mindanao. an opportunity to be heard before any Christian Filipinos and to foster by all adequate means and in a systematic. but may sense of residence. That fact is not denied. for expenditures for the benefit of the townships specially adopted in a particular case. which shall justified in its enforcement By what proceeding known to the law. freedom or action of children and persons of unsound minds is restrained. attained that degree of civilization which would have made it practicable to serve notice upon. Special duties and purposes of Bureau (of non-Christian tribes). without consulting their wishes. therefore. friendly headmen or chief might and. before they are deprived of their liberty. whether he be a The truth of the mater is that the power to provide for the issuance of such Christian or non-Christian. was or was not preceded by a pow-wow of this kind. J. express consulted. attempt was made to enforce it. order upon a head-hunting tribe in the north of the Island of Luzon. at least. J. I shall not attempt to analyze the opinion or to go into and necessarily paternal attitude assume toward them by the Insular the question in detail. economic. and completely manner the moral. The petitioners were deprived of their liberty without a hearing. could the offices of any province and settlements of the province. the legal and Government is well illustrated by the following provisions found in the human side of the case as it presents itself to my mind. I shall simply state. against a petitioner challenging the alleged fact that he Of course." and is properly exercised only where certain individuals or groups of I dissent. of course. and whose individual members have no fixed or known place of jurisdiction of the courts of these Islands in habeas corpus proceedings. rendering permanent the mutual intelligence between and complete fusion of all the Christian and non-Christian elements populating the provinces of the If the fifteen thousand manguianes affected by the order complained of had Archipelago. 2116. exclusively. to residence. or upon one of the nomadic tribes whose habitat is in the mountain fastnesses of As I understand it. as briefly as may be. I cannot give my consent to any act which deprives the humblest citizen of his just liberty without a hearing. and the special majority of the court. and give an opportunity for a real hearing. dissenting: bind their acts or their consent. 705. Administrative Code of 1917: The facts are that one Rubi and various other Manguianes in the Province of SEC. social and tantamount to a contention that there is no authority in law for the issuance political development of those regions. under authority of section 2145 of the Administrative Code. dissenting: welfare. as well as the rest of the fifteen thousand Manguianes work for advancement and liberty in favor of the regions inhabited by non- affected by the reconcentration order. after the practice in the United States when tribes or groups of no opinion on that question at this time. begs the question and is.

The considered necessary to go into these cases for the simple reason that all manguianes have shown no desire for community life. 1916. and. 547. They have made little or no progress in the ways of civilization.000 (?). and for must be moved from their homes. The Manguianes used out a writ of habeas corpus in this court. it is stated on page 694 of the majority opinion. The Attorney-General argues that the treatment provided for the The manguianes. from their native habitat and to hold them on the little reservation of about 800 hectares. of life. from the resolution of the provincial board. 369 are wild or uncivilized tribes (Manguianes). hundred manguianes are confined. ordered the placing of the petitioners and others on a reservation. Census. timid. have no progressed sufficiently in civilization to nations and all acts taken in regard to them were the result of separate make it practicable to bring them under any for of municipal government. as appears The attorney for the petitioners has raised various constitutional questions. and. which reads as follows: and placed in prision at Calapan. 361 they were not measured in hectares but in thousands of square miles. are in violation of the first paragraph of section 3 of the Act of Congress of escaped from the reservation and was taken in hand by the provincial sheriff August 29. They have no treaty with the less than seven to the mile (Vol. Some these reservations were larger than the Islands of Luzon. and of Mindoro) has an area of 3.I. P.I. liberty or property without due process of law. United States Supreme Court with reference to the Indians. They are backward and deficient in culture and The law provides for it in section 2145 of the Administrative Code. It is that the sections hectares of land. Legally they are Filipinos. The Solicitor-General of the Philippine Islands makes return to the writ copied in the majority opinion which states that the provincial governor of It is not necessary to argue that a Mangyan is one of the persons protected Mindoro with the prior approval of his act by the Department Secretary by that provision. heavily wooded and well watered." whom the general good of the Philippines. will long before Magallanes [Magellan] anchored his boats in the water of Cebu. Dabalos.000 acres. And when It has no savage population. seminomadic people. "They The majority opinion says "they are restrained for their own good and the are a peaceful. One of the Manguianes. The total population was The Manguianes are not a separate state. This appears to be the total Mangyan population of the province. on which about three of the Administrative Code. timid. They number approximately 15. That no law shall be enacted in said Islands which shall deprive any person alleging that they are deprived of their liberty in violation of law. 35 . reservations were set apart for them on It may be well to add that the last P. or be punished by imprisonment if they escaped. which is approximately 2. They are entitled to all the rights and privileges of any other citizen of this country. and they were denied the equal protection of the law. as indicated in the Indians nations in the United States were considered as separate the preamble to Act No. "are very Manguianes is similar to that accorded the Indians in the United States. They have considerable Negrito blood and have not advanced reference is made all through the court's decision to the decisions of the beyond the Negritos in civilization. them section 2759 provides the punishment. fishing and hunting at process of law.reservation at Tigbao in the Province of Mindoro and to remain there." Government of the Philippines Islands would bring under the beneficient influence of civilization and progress. 30 and 407). or deny to any person therein the equal protection of the laws. extends over an area of 800 but only the fundamental one will be considered by me. It is not seminomadic people. primitive. They are peaceful. This reservation. Census (1903) shows that the Island which they lived and were protected form intrusion and molestation by white of Mindoro (not including smaller islands which together make the Province men. citizens of the Philippine Islands.851 square miles and a populations of 28. They are The Island is fertile. Government of the Philippine Islands by which they have agreed to live within a certain district where they are accorded exclusive rights. he deprived them of their rights and their liberty without due The Manguianes roamed its mountains and valleys. however humble they may be and "bought those who like Dadalos do not take kindly to the ways provided for civilizing under the bells" and made to stay on a reservation. quoted in the majority opinion. but it is sparsely settled by Christian Filipinos the provincial governor of the Province of Mindoro attempted to take them along the coast and by Manguianes. incompliance with these treaties. 2145 and 2759. and low in culture. of which 7. primitive. They are to be made to accept the civilization of the more advanced Filipinos whether they want it or not. pp." treaties made by the United States Government with the Indian nations. 2. solely because he escaped from the reservation.

how incarceration it is and nothing less. Living a nomadic and wayfaring life and evading the influence of civilization. What is a and destroying the forests and making illegal caiñgins thereon." xxx xxx xxx A memorandum of the Secretary of the Interior of the Philippine Islands is The national legislation on the subject of non-Christian people has tended copied in extenso in the majority opinion. than they will be if closely confined on a narrow reservation from without even the remotest hope of coming to understand liberty in its true which they may not escape without facing a term in jail? Is not more likely and noble sense. the Christian Filipinos who will feed them and clothe them in return of their Government has been placed in the alternative of either letting them alone or services. killing them. to a lack of game in the neighborhood. They understand liberty as the right to do anything they will — going from one place to another in the Granting that the Manguianes do make caiñgins or clear lands in spots and mountains. This land may be abandoned later on — due to superstition. It will mean. return of the Solicitor-General of the Philippine Islands of any crime having been committed by these "peacefully. that they will be glad to exchange their "freedom" on a small reservation for the great boon of binding themselves and their children to the more fortunate In dealing with the backward population. it is necessary to clear what will ultimately become of those people with the sort of liberty they wish the land in order to plant corn and camotes (sweet potatoes) and they cut to preserve and for which they are not fighting in court? They will ultimately down the smaller trees and burn these around the larger ones. primitive." The authorities are anticipating too much from way? these "peaceful.Are these petitioners charged with any crime? There is no mention in the the one more in accord with humanity and with national conscience. primitive. liberty and does not practice liberty in a rightful way. semi-nomadic people. But the Secretary says "they will be subjected to such class of persons as to what liberty is. or if not they will be subjected to involuntary servitude But does the constitutional guaranty that "no person shall be deprived of his by those who want to abuse them. semi-nomadic people. No bringing "caiñgin?" Simply this. timid. like the Manguianes. The fires never spread in the tropical will commit crimes and make depredations. These people move their camp or place of abode any benefit to the State but. killed and crops are planted and harvested. they so that they can plant their crops. or to a natural desire to move on. It will mean that this and gain a livelihood as they have been accustomed to for hundreds of people be let alone in the mountains and in a permanent state of savagery years. involuntary servitude by those want to abuse them. but the trees within the caiñgin are involuntary servitude by those who may want to abuse them.? guiding them in the path of civilization. become a heavy burden to the State and. frequently and when they do move to a new place. There appear to be two intimations or charges in this memorandum." They have never been a burden to the liberty without due process of law" apply to a class of persons who do not state and never will be. to There is no doubt in my mind that this people has not a right conception of poor crops from exhausted fertility. The latter measure was adopted as 36 ." Are they more liable to that the Government should not adopt any measures looking to the welfare be subjected to involuntary servitude when left free to roam their native hills and advancement of the class of persons in question. can they are being deprived thereof without due process of law? The second intimation or charge is that "they will become a heavy burden to xxx xxx xxx the state and on account of their ignorance they will commit crimes and make depredations. burning and destroying forests and making illegal caiñgins then abandon them for the more fertile lands. injuring and damaging its interests. in the case at bar. and from it I gather the nature of more and more towards the education and civilization of such people and their offense which is that — fitting them to be citizens. one is they (the manguianes) are engaged in the works of destruction — burning that the Manguianes destroy the forest by making a caiñgin. They have not committed crimes and. which every man knows to be thereon. we cannot see that they are committing such a great abuse as to justify incarcerating them on a small tract of land — for Not knowing what true liberty is and not practising the same rightfully." Their history does not demonstrate that we must expect them to commit crimes and jail them to To say that it does will mean to sanction and defend an erroneous idea of prevent the possibility. instead. when they do. on account of their ignorance. just over the hills. or if not they will be subjected to undergrowth of an island like Mindoro. have a correct idea of what liberty is and do not practise liberty in a rightful let the law punish them. timid.

Sovereignty itself is. have made great progress in civilization. may be those maxims of constitutional law which are the monuments showing the taken from their homes and herded on a reservation at the instance of the victorious progress of the race in securing to men the blessings of civilization provincial governor. Igorrotes. by means of the suffrage. 37 . declared shall be the measure and scope of all control has been. the horses and some few of them are well educated. and they may be fined not more than two hundred pesos or liberty. 547 of It has been said that this is a government of laws and not of men. Bukidnons. or any material right giving his approval to such a crime. that the constitutional principles upon for determination of its constitutionality. that there the Philippine Commission.S. like the Moros. and this maybe repeated till they are too old to work and are classification." For the very idea that one man may be But it is argued that there is no probability of the department head ever compelled to hold his life. we are constrained to conclude that clear there is no discrimination because of religion. liberty. that there beautiful fields reclaimed by hard labor — they have herds of cattle and must always be lodged somewhere. are secured by All of them. so that. quite true. and are "non-Christian. And the Tinguianes and Ifugaos. any arbitrary deprivation of life or their necks. not subject to law. the people. Manguianes and various others. No matter how beneficient the which our government and its institutions rest do not leave room for the play motives of the lawmakers if the lawmakers if the law tends to deprive any and action of purely personal and arbitrary power. and especially them money with which to buy food on the promise that they will work for the equal protection clause. no appeal lying except to the ultimate civilization. It is said that the present law is an old Act being substance Act No.It think it not only probable but almost a certainty that they will be all be guided and limited by these provisions which the people have. the principles upon which they are supposed to rest. But it has never been brought before this court is no arbitrary body of individuals. at the mere will of another. is clearly unconstitutional as being opposed to the fourteenth amendment and especially to the equal The manguianes have committed no offenses and are charged with none." as the term is used and tribunal of the public judgment. It seems they were gathered here and there whenever found by the When we consider the nature and the theory of our institutions of authorities of the law and forcibly placed upon the reservation. and when the sentence expires they must again go into debt or starve. or which singles out any particular individuals or class as the cast adrift. authority of final decision. exercised either in the pressure of opinion or understood in law and in fact. and the pursuit of happiness. The have law is the definition and limitation of power. imprisonment for not exceeding six months or both. 366. This is a plain case. 118 U. and. because they government. for its called "wild" or backward tribes of the Philippines. a statute which makes a purely arbitrary or unreasonable again go to jail. but that all in authority are man of life. 4. subject of hostile and discriminating legislation. thereof. and requires no further does not appear they were ever consulted about their reconcentration. Act No. It protection clause thereof. are delegated to the agencies of government.) a law's legality is tested and not the probability of doing harm..) does not appear that they had any hearing or were allowed to make any defense. in the famous language of such a monstrous proposition is to show the wickedness and illegality of the Massachusetts Bill of Rights. How will they live? There may be persons who are willing to lend exercised over them.S. like the Aetas and the Negritos. government of law and not of men. but the fact that he can do it and has essential to the enjoyment of life. or property without due process law. and in some person or body. or arbitrary spoliation of property. Encyclopedia of U. of course. indeed. forbids that the individual shall be them. it is void. sovereignty itself remains with about one millions souls all together. by whom and for whom all government exists and acts. into whose noose they run intended to prohibit. Some of the non. and does prohibit. the through subjected to involuntary personal servitude if their freedom is limited as it the organic law. but it also means any of the so. but they are one and all "non-Christians. Some of them. (Vol. or the means of living. And if they accept the loan and do not work for the lender we have subjected to any arbitrary exercise of the powers of government. with the prior approval of the department head. in many cases of mere administration the Christians. Let it be review the history of their development. To state under the reign of just and equal laws. The intolerable in any country where freedom prevails. It is. but in our system. p. are very low in the scale of responsibility is purely political. These non-Christian tribes is the author and source of law. 2098. Supreme Court Reports. and arbitrary power. considered as individual possessions. It discussion. the Government of Commonwealth "may be a section of the law under which these people are restrained of their liberty. 374. as being the essence of arbitrary and unrestricted power to do harm should be the measure by which slavery itself. while sovereign powers are Moros. In particular the fourteenth amendment. and if they do not work will As we have seen." and because the provincial governor ordered it. (Yick Wo vs. Ifugaos. according to the court's opinion under the present law. But the fundamental rights to life. The term "non-Christian" they do not mean to leave room for the play and action of purely personal means one who is not a Christian Filipino. seems to be done it in the present case in what makes the law unconstitutional. Hopkins. liberty. it was another law on the statute books.

consideration. During the fifteen years in which I have been engaged in administering the laws of my country. No matter what his education and culture. and section 2145 of the Administrative Code not only deprive these Manguianes generally despised race. to be reservation for "their own good and the general good of the Philippines. that they had some time previously withdrawn from the tribe. and most christianized nations of them of their life. I should say that it would be a crime peace. that appealed so strongly to my sympathy as the one now under and. praying for the allowance of a writ of habeas corpus and their final discharged from custody thereunder. on the other side. unoccupied. 1879. presented their And who would be safe? petition. But I think it is creditable to the heart and mind of the brave and be to order their decapitation en masse. they were arrested and restrained of their liberty by order of the respondent. where liberty is regulated by law. in substance. no examination or further the Tinguianes. insignificant. action. On the 8th of April. that whilst they were thus engaged. and to pursue the arts of From my long experience in the Islands. the distance between the place where the writ was made returnable 38 . On the one side. cited in the general government. should be quoted at length. we have a few of the remnants of a once In may opinion the acts complained of which were taken in conformity with numerous and powerful. But in a country may the Moros. and distant province and not within reach. George Crook. which have made us great and happy as a nation. and had adopted the final. they would have been restored to liberty the reservation — in effect an open air jail — then so may the Ifugaos. if the strongest possible sympathy could give the may be so taken from their native habitat and reconcentrated on a relators title to freedom. the relators Standing Bear and twenty-five others. they must be inhabitants of their different provinces form their homes and put them on a remanded to the custody of the officer who caused their arrest. of title less magnitude to take the Ifugaos from their mountain homes where we have this magnificent. After the reservation is once established might not a provincial governor decide that some political enemy was a non-Christian. during the session of the court held at that time of Lincoln. malaria country which is to them less desirable perpetual imprisonment in their own infested valleys which they look down upon from their fields — than it would native land. and that he would be The petition alleges. he could make no defense. duly verified. we have the representatives of this wasted semi-nomadic tribe from their native fastnesses and to transfer them to the race coming into this national tribunal of ours. general habits of the whites. These unfortunate citizens of the government. asking for justice and liberty to narrow confines of a reservation is to invite disease an suffering and death. he could formerly belonged to the Ponca tribe of Indians now located in the Indian have no trial. but will in all probability deprive the most powerful. government. It follows that this case must be examined and decided on principles All of the thirty-nine governors upon the prior approval of the head of the of law. who have made more progress than the Ifugaos." or "wild tribes" a part so conspicuous. Philippine Islands would hold their liberty. subject to the unregulated discretion of the provincial governor. but now weak. something more satisfactory and enduring than mere sympathy must furnish and constitute the rule and basis of judicial There are "non-Christian" in nearly every province in the Philippine Islands. and their lives. and. have the power under this law to take the non-Christian constitution or laws of the United States. may be. the judge of the court might be in a Territory. without due process of law. so far as I am individually concerned. if not magnanimous. that the relators are Indians who have safer on the reservation. or some treaty. most enlightened. If the Manguianes not improper to say that. and without aid or assistance from the The case of the United States vs. we have the representative of one of of their liberty. enable them to adopt our boasted civilization. without due process of law." and returned to the Indian Territory which they left without the consent of the the court will grant them no relief. unlettered. On the one side. and so thought would then have been necessary or expedient. and were then endeavoring to maintain themselves by their own exertions. resisting this they have reclaimed a wilderness and made it a land of beauty and application with the determination of sending these people back to the fruitfulness and to transfer them to the more fertile. I have never been called upon to hear or decide a case The writ was issued and served on the respondent on the 8th day of April. and the other. and that unless the relators are entitled to their discharge under the department. so may moment the arguments in their behalf were closed. I think it and are in exactly the same category as the Manguianes. and the provincial governor's fiat is completely severed their tribal relations therewith. District Judge Dundy said: guilty of violating any of the laws of the United States. Crook (Federal Cases 14891). History teaches that to take a modern times. and without being majority opinion. distinguished officer who is made respondent herein to say that he has no sort of sympathy in the business in which he is forced by his position to bear There can be no denial that the Ifugaos are "non-Christians.

be buried with his fathers. and connected with. though not specially invited. and It is claimed upon the one side. without been reared. And it was when at the Omaha reservation. when they removed of the army had issued an order which required the respondent to arrest and therefrom. ten days were alloted in which to make return. he had caused the relators to be arrested on the Omaha Indian Territory. same language. the Ponca Tribe of Indians. The substance of the return to the writ. pursuant to we find a portion of them. or reason. the general portion of the same. caused. and denied upon the other. or band of Indians. including the relators. to use his own language. so that the questions to be home. which. Such instances of parental affections. The love of justice to a question like the one under consideration.and the place where the relators were confined being more than twenty miles. may be heathen in origin. in a great had withdrawn and severed. a treaty was made by the United States with the finally. or why. and that he and his followers had On the 8th of Mar. This relates to to see the justice. On the 15th day of August. and upon this point alone was there any testimony survivors of his wasted family. he determined to leave the Indian Territory and return to his old the return to the writ are conceded to be true. and determined are purely questions of law. that they had xxx xxx xxx fled or escaped from a reservation situated in some place within the limits of the indian Territory — had departed therefrom without permission from the The Poncas lived upon their reservation in southern Dakota. 1876. and in it we find a provision authorizing the secretary of the On the 18th of April the writ was returned. and that. for the A question of much greater importance remains for consideration. which." He also stated that he informed the agent of their final purpose to leave. I am not vain enough to think that I can do full The land from which they fled in fear has no attractions for them.. for all time. north of the tribe of Indians. alleged the Indians escaped. become self-sustaining. by which a certain tract of country. in purpose of being returned to a point in the Indian Territory from which it is which they can see little but new-made graves opening for their reception. (19 Sta. go to work. all who were able circumstances. but were carefully will be sure to follow. Standing Bear. and when thus employed. repose in the land they hoped to be leaving forever. preserved and protected and formed a part of what was to them melancholy procession homeward. until two or three years ago. with consent of the tribe. gave them employment and ground to cultivate. and and providing them a home therein. one hundred and fifty-eight died within a year or so. will be decisive of this whole controversy. or wisdom. located at some point in the the said order. But. and to save himself and the which they belonged. and cultivated a government. and so much food for induce them to brave every peril to return and live and die where they had reflection. is where the trouble Indian reservation. The bones of the dead son of Standing Bear were not to reference to consequences or criticisms. There. and such love xxx xxx xxx home and native land. return the relators to their tribe in the Indian Territory. but whether by force or otherwise does not appear. home of the aid Indians. hundred and eighty-one Indians who went from the reservation in Dakota to the Indian Territory. fully. as the mater home and native land was strong enough in the minds of these people to furnishes so much valuable material for discussion. and the authority for the arrest interior to use $25. the testimony seems to show. 1859. and detention is therein shown. or under what what would seem to be a desirable and laudable purpose. from change of climate. no doubt. who speak the Indian Territory does not appear. the Indians left their reservation in Dakota and went to the to do so went to work to earn a living. at the request of the secretary of the interior. the principal witness. states that out of five returned to the Indian Territory. and with whom many of the Poncas have long continued to intermarry. or necessity. The Omaha Indians.000 for the removal of the Poncas to the Indian Territory. never to return. and forever severed his and their connection with the Ponca Ponca tribe of Indians. and had resolved to disband as a tribe. so as to make xxx xxx xxx them self-sustaining. Niobrara river and west of the Missouri. The other matter stated in the petition and followers.) the additional statement since filed. for the force from their own native plains and blood relations to a far-off country. They claim to be unable when determined. "he might live and die in peace. purpose of being taken back to the Indian Territory. in which the government agreed to protect them and adopt the habits and customs of a higher civilization. and that they were in his custody for the purpose of being commenced. their connection with the tribe to measure. where. that the relators a great proportion of the others were sick and disabled. is that the relators are individual members of. But just when or how. but it seems to that they are 39 . To accomplish during their good behaviour. and. and the feeble remnant of his little band of produced by either party hereto. congress passed the general Indian appropriation bill. was set apart for the permanent and to cut loose from the government. that they were arrested by order of the government. At all event. I shall try to present it as viewed from my own standpoint. of removing them by the right of the government to arrest and hold the relators for a time. 192.

40 . and the pursuit of happiness. And the court declared that the Indians were illegally held by authority of the United States and in violation of their right to life. null and void.not unlike Christian in principle. and that the petitioners are illegally restrained of their liberty. This case is very similarly to the case of Standing Bear and others. liberty. and order the respondents immediately to liberate all of the petitioners. I think this Court should declare that section 2145 and 2759 of the Administrative Code of 1917 are unconstitutional. and that they have been denied the equal protection of the law. and ordered their release from custody.

concur. change the seat of government within any subdivision existing or created thereunder. separation or other action shall take effect. contract. divide. JJ. and all of them Modesto Reyes and Eliseo Ymzon for plaintiff. 1902. by executive order. Successors to the elective offices shall be elected at the next general election following such appointment. many of them newly created.R. No new or additional facts have been alleged and the case stands precisely where it stood before the amended complaint was The demurrer is sustained and the complaint is finally dismissed. simply a transference of certain details with respect to provinces. It is THE MUNICIPALITY OF BINANGONAN. 1917 The contention of the plaintiff is not well founded. that also So ordered. to take it efficiently. had been sustained. plaintiff. Carson. and that such appointees shall hold office until their successors are appointed or elected and qualify. subject to more or less rapid change both in development and centers of Moreno and Guevara for defendants. defendants. J. population. any province into one or more subdivisions as may be required. The section also provides that whenever the Governor-General creates a new political subdivision he shall appoint such officers for the new subdivision with such powers and duties as may be required by the existing provisions of law applicable to the case and fix their salaries. in that it delegates legislative powers to the Governor-General. Torres. A demurrer having been offered to the amended complaint. entitled "An Act authorizing the adjustment of provincial and municipal boundaries and authorizing the change of capitals of provinces and subprovinces. subject-matter with which it authorizes the Governor-General to deal. municipality. with costs. filed.: body. 1748. 41 . or otherwise change the boundary of any province. We find no provision of the Act applicable so far as it touches this case which is in violation of the Act of Congress of The plaintiff amended his complaint in this action after a demurrer thereto July 1. municipalities. and townships. enlarge. name any new subdivision so created. or township or other political subdivision. 1902. to such place therein as the public interests require. legislative functions on the part of the legislature with regard to the particular vs. must be sustained.. the proper regulation of which might require not only prompt action but action of such a detailed character as not to permit the legislative MORELAND. merger. or separate any such subdivision into such portions as may be requires. merge any of such subdivisions with another. as such. as may be necessary from time to time to serve the public convenience and interest. he may. whenever in the judgment of the Governor-General the public welfare requires. whereas the Act of Congress referred to lodges those powers in the Philippine Legislature. THE power referred to on the Governor-General does not involve an abdication of MUNICIPALITY OF CARDONA." is in violation of the Act of Congress of July 1. The plaintiff still insists with great vigor that section 1 of Act No.G. Section 1 of the Act referred to provides in substance that. L-10202 March 27. The delegation of the THE GOVERNMENT OF THE PHILIPPINE ISLANDS EX REL. ET AL. Trent and Araullo. subprovince. and shall fix in such executive order the date when the change.. No.

less Not being agreeable to the two new conditions thus incorporated in its reasonable depreciation. that the certificate shall valid only for existing certificates. J. granting the petitioner's application for when said Act took effect. to a section 1 of Commonwealth Act No. 454 is Evaristo R. 32014 y la authorizacion el el expediente No. the decision of September 26. In and not to valid and subsisting certificates issued prior to June 8. the petitioner filed on October 9. constitute motor vehicles commonly known as TPU buses. Whereupon.. 56641. increase of equipment. Commonwealth Act No. in the Province of Nueva Ecija and Zambales. 36830. 146. acquired by the Commonwealth of the Philippines or by any instrumentality thereof upon payment of the cost price of its useful equipment. 454. invoked by the respondent Public Service 454. that. the Public Service Commission has were needed to comply with the terms and conditions of its existing exceeded its authority because: (a) The Act applies only to future certificates certificates and as a result of the application of the Eight Hour Labor Law. known as mencionados seran validos y subsistentes solamente durante de veinticinco "certificate of public convenience. as amended by section 1 of Commonwealth." as the case may be. it is contended: The petitioner has been engaged for the past twenty years in the business of 1. constitutional. 24948. 53090.G. 1939 a motion for a definite period of time. That even if it be assumed that section 1 of Commonwealth Act No. a decision be rendered declaring that the provisions thereof are not applicable to valid and subsisting certificates issued prior to June 8. 454. as follows: 36831. 56641). 1940 November 14. 146 del Section 15 of Commonwealth Act No. if this court C. por la presente se enmienda las condiciones de los certificados de Commission in the decision complained of in the present proceedings. Sandoval for respondent. and for that reason. the Act. concerned. to the effect that the operation of said service and the authorization to do business will promote the public interests Que la empresa de la solicitante porda ser adquirida por el Commonwealth in a proper and suitable manner. is unconstitutional and void. should be of the opinion that section 1 of Commonwealth Act No. the present petition for a writ of certiorari was instituted in this court praying that an order PANGASINAN TRANSPORTATION CO. 47065 June 26. necessity. no public service shall operate in the Philippines without possessing a valid and Que los certificados de conveniencia publica y authorizacion arriba subsisting certificate from the Public Service Commission. Alvear for petitioner. 30973.. and that the violation of any of these conditions reconsideration which was denied by the Public Service Commission on shall produce the immediate cancellation of the certificate without the 42 . the petitioner filed with the Public Service Commission an application for authorization to operate ten 2. 1939. on the ground that they is valid delegation of legislative powers. guide or rule certain extent. by means of except the unfettered discretion and judgment of the Commission. 24948. tal como ha sido enmendada por el articulo 1 de la Ley No. 1939. 1939. LAUREL.R. reads convenciencia publica expedidos en los expedientes Nos. in accordance with the a complete and total abdication by the Legislature of its functions in the terms and conditions of the certificates of public convenience issued in its premises. additional new Brockway trucks (case No. menos una The Commission may prescribed as a condition for the issuance of the depreciacion razonable que se ha fijar por la Comision al tiempo de su certificate provided in the preceding paragraph that the service can be adquisicion. 454. asi que se consideran incorporadas en los mismos las dos siguientes condiciones: With the exception to those enumerated in the preceding section. 32014 and 53090. without limitation. Stated in the language of the petitioner. 1939. that THE PUBLIC SERVICE COMMISSION. 1939. 454 unconstitutional and void. in so far as those powers are favor by the former Public Utility Commission in cases Nos. 30973. after hearing. render a decision declaring section 1 of Commonwealth Act No. respondent. the Public Service Commission ordered: violates constitutional guarantees. and likewise. INC. as applied by the Commission. petitioner. this court. Y de acuerdo con que se provee por el articulo 15 de la ley No. be issued directing the secretary of the Public Service Commission to certify vs. de Filipinas o por alguna dependencia del mismo en cualquier tiempo que lo deseare previo pago del precio d costo de su equipo util. That the legislative powers granted to the Public Service Commission by transporting passengers in the Province of Pangasinan and Tarlac and.: 1939." or "certificate of convenience and public (25) anos. and (b) the Act. on November 20. contados desde la fecha de la promulgacion de esta decision. forthwith to this court the records of all proceedings in case No. No. On August 26. de G.

454.. 77 Law. 1922. 146. prescribed. Ferrazzini vs. in issuing a results from undue concentration of powers.S. No. 17. therefore. the Commission must necessarily be satisfied that the operation and prevent deposition. Yale suitable manner. to carry out the will of the National of Article XII. p." Under section certain devices. "Another condition which the Commission may objectionable. All that equipment. 146. value in the market shall be taken into consideration. R. 146 which is a complement of section 15. however. is that the certificate "shall be valid only for a definite period of time. 540. 1585. is apparent in the development of the principle of under section 15 is inseparable from the certificate itself. 287 U. certificates actually force and to those which may hereafter be issued. Thereby. and from the earliest time American legal authorities the Commission is empowered to issue certificates of public convenience have proceeded on the theory that legislative power must be exercised by whenever it "finds that the operation of the public service proposed and the the legislature alone. In estimating the depreciation. 16 (a). G. vol. citing New York Central Securities Corporation vs. to confess that as one delves authorization to do business will promote the public interests in a proper and into the mass of judicial pronouncement. 146. upon payment of just compensation. actual condition. edited by G.S.3). (People vs. Constitution. the "rule of law" was established which of the service under said certificate during a definite period fixed therein "will narrows the range of governmental action and makes it subject to control by promote the public interests in a proper and suitable manner.necessity of any express action on the part of the Commission. ed. the age of the model. involving the use discretion. Woodbine. promulgated June 15. As a corollary. the two secure action and at the same time to forestall overaction which necessarily provisions must be read and interpreted together. 1938. G. 46076 and 46077. suitable manner. 24. 2. we find the rule prohibiting delegation of 16 (a) of Commonwealth Act. legislative authority. 25. or any other form of authorization for the operation Under the first paragraph of the aforequoted section 15 of Act No.. I. 34 Phil. attributed to Bracton (De issuance of the certificate will promote the public interests in a proper and Legius et Consuetedinious Angliae. has been made to adapt itself to power being that said period shall not exceed fifty years (sec.A." the only limitation to its principle in the Roman Law (D. 167) but which is also recognized in Commission will be guided by "public interests." and when it amended. sec. That is to say. 45655. in section 16 (a) that "no such paragraph. 12. E. he finds a great deal of confusion.. R. and which is assailed by the petitioner. 145. within 43 . one of the conditions which the Public Service Commission may certificates shall be issued for a period of more than fifty years. no public service can operate without a certificate of public was ordained." the University Press." a condition which is virtually a has been delegated to the Commission. exercise the function and authority thus conferred upon the Public Service transfer to public ownership utilities and other private enterprises to be Commission does not make the provision in question constitutionally operated by the Government. the promotion of "public interests in a welfare and defense. in addition. among other things.18. No. Art. or other circumstances affecting its People vs. and." Inasmuch as the period to be fixed by the Commission One thing. to Gsell. Schenchter The foregoing is likewise applicable to any extension or amendment of Poultry Corporation vs. and thereby obtain efficiency certificate. that no franchise. section 6 function. 1570. 697. XIII. certificate. in determining "a definite period of time. Conversely. Commonwealth Act No. ed. in the interest of national Assembly having in view. as of a public utility shall be "for a longer period than fifty years. 146. It is frankness. Section 8 of Article XIII of the Constitution provides. as amended by convenience or certificate of convenience and public necessity to the effect Commonwealth Act No. however.S.) We have already ruled that "public interest" furnishes a sufficient standard. 295." the National prescribed the issuance of the certificate provided for in the first paragraph is Assembly meant to give effect to the aforesaid constitutional mandate. promulgated June 12." Under the second valid only for a definite period of time" and. 138. 1939. that the Public Service Commission may that the operation of said service and the authorization to do business will prescribed as a condition for the issuance of a certificate that it "shall be "public interests in a proper and suitable manner. 711-712. Nos. less reasonable depreciation. said period cannot separation of powers and that is that the maxim of delegatus non potest be disregarded by the Commission in determining the question whether the delegari or delegata potestas non potest delegari. its Fernandez and Trinidad." The fact that the National Assembly may itself transportation and communication." As there is a relation The theory of the separation of powers is designed by its originators to between the first and second paragraphs of said section 15. More that "the service can be acquired by the Commonwealth of the Philippines or than this. is the administrative restatement of the principle already embodied in the Constitution. the effect of the use of the equipment. U. it has thereby also declared its will that the period to be fixed by by any instrumental thereof upon payment of the cost price of its useful the Public Service Commission shall not be longer than fifty years.) permits to modify itineraries and time schedules of public services and to authorization to renew and increase equipment and properties. the complexities of modern governments. in section 15 of Commonwealth Act No. 79 Law. establish and operate industries and means of proper and suitable manner. Rosenthal and Osmeña. giving rise to the adoption. 8. which provides that "the State may.

El Comite siente tener que rechazar esa enmienda. with the growing complexity of por la Comision de Servicios Publicos el interes publico asi lo exige.) Commission to prescribed the conditions "that the service can be acquired by the Commonwealth of the Philippines or by any instrumentality thereof The petitioner is mistaken in the suggestion that. 1939. Section 74 of the Philippine Bill provided that "no and properties. 46077. R. de anoche. v. State vs. has. xxx xxx xxx Under the fourth paragraph of section 15 of Commonwealth Act No. ALANO. G. 54 S. or concession shall be granted to any corporation except subject and have found that these conditions were purposely made under the conditions that it shall be subject to amendment. que la explotacion de los United States and England but in practically all modern governments. the National Assembly. es un proceso mas and the increased difficulty of administering the laws. 2d. or corporation except under the conditions be valid only for a definite period of time. R. to the extent therein explotacion de un servicio publico y ha de saber la Comision de Servisios." Lastly. 178. En la misma pagina. the power of the Public Service mayo de 1939. CUENCO. and toward the approval of the practice by the court. Señor Presidente. subject to amendment. Ademas. extended its sepuede extender. No. como trafico y de otras condiciones. there is a constantly o menos indefinido en cuanto al tiempo. Nos. Si los servicios presentados por la compañia durante el seal of approval to the "delegation of greater powers by the legislature. G. Knox EL PRESIDENTE PRO TEMPORE. sobre todo. Asamblea Nacional. R. privilege. in section 28. (Sesion de 17 de amended by Commonwealth Act No. Rosenthal and Osmeña. as By a majority vote the proposed amendment was defeated. 454. People vs. in xxx xxx xxx section 8 of Article XIII. W." but the attempt failed: that it shall be subject to amendment. 274. para otra enmienda. Rosenthal & Osmeña. simply because its existing upon payment of the cost price of its useful equipment. 1938. 446.).) Accordingly. Ct. R. 146. servicios publicos depende de condiciones flutuantes. de conveniencia publica de una manera que podria pasar de cincuenta 45655. firm. provided. promulgated June 15." certificates had been granted before June 8. and when Commonwealth Acts Nos. pido que se supriman las palabras 'and likewise. less reasonable. 1939.) In harmony with such growing tendency. alteration.. 45866. Bank of Dillon. vs. De Jesus. it must be deemed to have the right of holding actually in force" and "to authorizations to renew and increase equipment them in perpetuity. 44 Phil. incorporating Commonwealth Act No. si provided. G. the multiplication of the subjects of governmental regulation.' Esta disposicion del Constitution. The history of repeal by the Congress of the United States. 165 Tenn. or applicable to existing certificates of public convenience. that the certificate shall granted to any individual. Autobus extendera. or repeal by the Congress of the United States. interes publico no tiene duracion fija. El modern life. 275. 454 reveals that there was an attempt to suppress. Board of Public Utility Commissioner que esto certificados de conveniencia publica es igual que la franquicia: (34 Phil. that "no franchise or right shall be granted to any individual. the Constitution of the Philippines provided. Fernandez & Trinidad. in instances. G. 1939. People vs. 46076 and 46077. logically succeeded to the Congress of the United States in the proyecto autoriza a la Comision de Servicios Publicos a fijar un plazo de power to amend. no es permanente.certain limits. Nos. amendatory of section 15 of Commonwealth expressly made applicable "to any extension or amendment of certificates Act No. 143 S. that "no franchise or right shall be by way of amendment. el servicio publico se concede promulgated June 12. except under the condition that it shall be Sr. promulgated June 12." The Jones Law. pero no creo conveniente el que nosotros demos un certificado Co. Public Utility Commissioner. promulgated June 12. 44 . the date when and "that the certificate shall be valid only for a definite period of time" is Commonwealth Act No. ¿Que dice el Comite? County. 46076. alteration. since the decision in the case of Compañia Sr. 146. vs. puede determinar cuando los intereses del servicio publico requiren la 146 and 454 were enacted. Se ha acordado eso en el caucus growing tendency toward the delegation of greater powers by the legislature. anos. by virtue of the certificate shall be valid only for a definite period time." tiempo de su certificado lo require. firm. a similar mandate. People. 56 Phil. of the principle of "subordinate legislation." We have examined the legislative proceedings on the franchise. has declared its will and purpose to amend or alter existing en un tiempo determinado. 136). alteration. (Dillon Catfish Drainage Dist.." The National Assembly. 141 S. puede pedir la extension y se le (Inchausti Steamship Co. was approved. the sentence "and likewise. 976. porque seria anticonstitucional. 319. 454. alter or repeal any franchise or right granted prior to or vigencia certificado de conveniencia publica. en vista de General de Tabacos de Filipinas vs. Todo el mundo sabe que bo se after the approval of the Constitution. la explotacion de algunos buses en cierta ruta ya certificates of public convenience. asi como del volumen (People vs. relied upon by the petitioner. E. 1939. 973. or corporation. si tiene en cuenta. and Robb and Hilscher vs. this Court. or repeal by the National Assembly when lineas 23 y 24." not only in the no tiene de ser. No. that the the public interest so requires..

556. 235 Mass. Kentucky. This is. 571. and is mere license or privilege. par. Curtis [J. 83. vs. in effect. v.S. 14 A. Co. citing Munn vs. 228. Co. The 'Auto Stage and Truck C. J. Sabellano. Louisville etc. that the power of the state to exercise legislative control over public utilities Upon the other hand. The first of these rights Indeed. 262 Mass. 209 Pac. 143 likewise to those already established and in operation. 581. 213) is a statute passed in pursuance of of public convenience constitutes neither a franchise nor contract. 21.. to the extent of twenty or fifteen or any number of years. et al. Obviously the power of the Whilst the challenged provisions of Commonwealth Act No. either impairing the obligation of contracts. Nor is there any merit in petitioner's contention. not as the power is exercised. 113 Ohio St. or denying the equal protection of the laws. taking property become at once subject to the police power thus called into operation. S. are applicable not Steamship Company.) in the light of authorities which hold that a certificate Transportation Act' (Stats. 64 Law. v. Railroad Commission. for the protection of the public as public utilities are a proper exercise by the state of its police power. 251 U. which includes the right of the party interested or 45 .S. ed. to say the least. 128 U. but no such 321. but Georgia R. however. this right of regulation is so far beyond question that it is well settled is the right to a hearing.. and must imposing the limitation of twenty-five (25) years which might as well be submit to be controlled by the public for the common good. Roberto vs. Ry Co. pp. of the opinion that the decision of the companies securing their operative rights prior to May 1. New York. may be exercised through boards of commissioners. Commonwealth Act No. vs. 160 N. but likewise to those complain that it becomes subject to the regulatory powers of the state.. only to those public utilities coming into existence after its passage. A certificate of public Commisioners of Department of Public Utilities. 153 U. Manila Yellow was actually carried on in good faith on May 1. & Bkg. Co.) The business of with the conditions of its certificates of public convenience. 456. 126 N. This distinction in the Taxicab Co. There are cardinal primary rights which must the use. 385. R. The Commission appears to When. Hogan. 1917. of California et al. 295 Fed. one devotes his property to a use in which the public has have taken advantage of the petitioner to augment petitioner's equipment in an interest. "to amend. Statutes for the regulation of utilities are a legitimate exercise thereof.) The petitioner's utility company operating or seeking to operate a franchise" in the application here was for an increase of its equipment to enable it to comply Philippines. Scheible vs.S. 1917. a public and the consequent burdens assumed is ordinarily for the owner to 195 Pac.S. therefore. 9-10. 677. R. [1937]. 132 Ohio St.. there had been neither notice nor opportunity given the property is "affected with a public interest it ceased to be juris privati only. [d] 220. E. Such statutes are. but so long as he maintains the use he must submit to control. Commonwealth Acts Nos. 174.) modify or revoke at any time any certificate issued under the provisions of this Act. Budd vs. When private convenience. unconstitutional. (Streator Aqueduct Co. 517. [m]. 31 Phil. 1. 100. we are. 271. U. without due process. statutes enacted for the regulation of public utilities. 146 and 454 are not only the organic certificate was issued have been misrepresented or materially changed. Smith. vs. 1917. vs. 184 Cal. 583. (Burgess vs. 95. Law v. Railroad Commission Service Commission has power. that. Ct.) creation of their operative rights in no way affects the power of the Commission to supervise and regulate them." acts of the Public Service Commission but are "a part of the charter of every (Section 16. c. New York etc.] Cartage Co. (Fisher vs.S.) This right of the state to regulate public utilities is establishment of petitioner's operations prior to May 1. E. The Public convenience and necessity. The statute is applicable not only to those decide. 1917. 7 N. 249. confers no the police power. irregular the interest he has thus created. v. grants to the public an interest in that use.. Railroad Commission. 689. 695. be respected even in proceedings of this character. (51 already established and in operation. is in the method of the creation of their operative rights. as against Public Service Commission should be reversed and the case remanded those subsequently securing such right under a certificate of public thereto for further proceedings for the reason now to be stated. 454 are valid Commission to hear and dispose of complaints is as effective against and constitutional. and if he voluntarily places his property in public service he cannot public utilities coming into existence after its passage. Connecticut etc. they are not founded upon the police power. Mayor & those established before and those established after the passage of the act Alderman of Brockton. 773. 148 N." petitioner to be heard or present evidence. 146. Martz vs. he. E. sec. Bristol 151 U. He may withdraw his grant by discounting and should not be sanctioned. 737. certificate is required of any transportation company for the operation which L. On the matter of a common carrier holds such a peculiar relation to the public interest that limitation to twenty five (25) years of the life of its certificates of public there is superinduced upon it the right of public regulation. 40 inasmuch as the question whether or not private property shall be devoted to Sup. especially Procedures' Transportation Co. upon proper notice and hearing. R. whenever the facts and circumstances on the strength of which said Moreover. E. because of the 161 U. therefore. Yangco being a proper exercise by the state of its police power. 586. and statutes for the control and regulation of subject to the regulations of the Commission. et al. L. 113. (Motor Transit Co. convenience and necessity it required for any new operation. Illinois. 423. 94 U. As soon well as of the utilities themselves. Woodruff. 59 Phil. vs. The only distinction recognized in the statute between property right. all phases of operation of established utilities. 131. 239.S.

82 Law. Ct. namely. 468.. without any pronouncement regarding costs. Law is both a grant and a limitation upon power.. 598). it does imply a necessity which cannot be disregarded. ed. that of having something to support its decision." While the duty to deliberate does not impose the obligation to decide right. 58 S. supra. "the right to adduce evidence. In the language of Chief Justice Hughes. 906. 46 .. McCoy. Diaz. in Morgan v.S. Ct. without the corresponding duty on the part of the board to consider it. "the liberty and property of the citizen shall be protected by the rudimentary requirements of fair play. 298 U.) This principle emanates from the more fundamental principle that the genius of constitutional government is contrary to the vesting of unlimited power anywhere. Imperial. So ordered. The decision appealed from is hereby reversed and the case remanded to the Public Service Commission for further proceedings in accordance with law and this decision. Concepcion and Moran. 1129). 1. Such right is conspicuously futile if the person or persons to whom the evidence is presented can thrust it aside without or consideration. 80 :Law. (Edwards vs. U. ed. 56 S." 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. C. Avanceña. McCoy (22 Phil.. 773. is vain. JJ.affected to present his own case and submit evidence in support thereof.S. (Chief Justice Hughes in Morgan vs.. 1288.) In the language of this Court in Edwards vs. (304 U. A decision with absolutely nothing to support it is a nullity. concur.J. U.S.S. 999. at least when directly attacked.

P30 for each day of meeting actually attended.R. of his refusal to modify his corporations. the auditor General also reiterated his previous opinion against the granting of the petitioner's claim and so informed both the Control (2) To pass upon the program of activities and the yearly budget of Committee and the petitioner. Makasiar The members of the board were to receive each a per diem of not to exceed for respondent. who reaffirmed his previous recommendation and corporations owned or controlled by the Government for the purpose of emphasized that the fact that the corporation's finances had not improved. 1949. except the chairman of the board. (1) that quarters allowance constituted President in the excercise of his power of supervision and control over these additional compensation prohibited by the charter of the NAFCO. among other things. he was granted quarters of the President of the Philippines as chairman. changes in government owned and controlled corporations for the purpose of promoting simplicity.000 per annum. 1946. 332. and (2) that the precarious financial condition of the corporation did Order also provided that the council was to have a Control Committee not warrant the granting of such allowance. corporation was made subject to the provisions of the corporation law in so THE AUDITOR GENERAL. and decision. But the vs. and Industry as vice-chairman. 93 creating the Government Enterprises Council to be composed corporation approved on January 19 of that year. which fixes corporations and to formulate and adopt such policy and measures as might the salary of the general manager thereof at the sum not to exceed P15. composed of the Secretary of Commerce and Industry as chairman. In insuring efficiency and economy in their operations. 93. L-4043 May 26. No. 1949. approved on Enterprises Council with the approval of the President. 1952 general public.000 a year. (3) To carry out the policies and measures formulated by the Government The NAFCO was created by the Commonwealth Act No. in turn referred it (1) To supervise. the petitioner asked the Control Committee to council as vice-chairman and the secretary as ex-officio member. Executive June 18. consent of the Commission on Appointments. the President on October 4. 3. respondent.000 be necessary to coordinate their functions and activities. the said resolution was on August 3. But as the petitioner insisted on his claim the expenditures approved by the respective Boards of Directors of the said Auditor General Informed him on June 19. 1939. and with reconsider its action and approve his claim for allowance for January to June the power. Philippines with the consent of the Commission on Appointments. and the city governments and to the With its controlling stock owned by the Government and the power of 47 . amounting to P1. This is a petition to review a decision of the Auditor General denying On October 4. Office of the Solicitor General Pompeyo Diaz and Solicitor Felix V. and such approval. The council was to advise the concurred in by the Auditor General. disapproved by the additional members as the President might appoint from time to time with the said Committee on strenght of the recommendation of the NAFCO auditor. 1950.000.G. the chairman of the board of directors and Submitted the Control Committee of the Government Enterprises Council for managing heads of all such corporations as ex-officio members. a member to be designated by the President from among the members of the On March 16. Hence this petition for review. CERVANTES. far as they were compatible with the provisions of its charter and the purposes of which it was created and was to enjoy the general powers Cenon Cervantes in his own behalf. view of this. with a capital stock of P20. who was to be at the same time the general manager of the REYES. mentioned in the corporation law in addition to those granted in its charter.650. for and under the direction of the President. (Sec. The claim was again referred by the Control Committee to the auditor General for comment. Republic Act No. The Executive a year. to effect such reforms and and Other Fibers Corporation. 1949. municipal. otherwise known as the NAFCO. J. petitioner.) to be able to be subscribed by the National Government and the remainder to be offered to provincial. 51 was approved authorizing the petitioner's claim for quarters allowance as manager of the National Abaca President of the Philippines. economy and efficiency in their operation Pursuant It appears that petitioner was in 1949 the manager of the NAFCO with a to this authority. 51 per cent of which was Order No. among others — 15. all the to the NAFCO auditor. promulgated Executive salary of P15. The management the corporation was vested in a board of directors of not more than 5 members appointed by the president of the CENON S.: corporation and to receive a salary not to exceed P15. 1947.000. By a resolution of the Board of Directors of this Order No. the Secretary of Commerce allowance of not exceeding P400 a month effective the first of that month. The latter.

Tuason. granted to it by Executive Order No. (11 Am. the prohibition the payment of quarters allowance "in favor of local government officials and employees entitled to this under existing law. which prohibits the NAFCO auditor. and the In view of the foregoing. however. Paras. was and was furthermore not justified by the precarious financial condition of the in 1945 amended by Executive Order No. promulgated within the period given. Pablo. including government-controlled corporations. Ad. chairman of said board who is also to be general manager shall not exceed among which is the power of supervision for the purpose of insuring P15. 51 in authorizing the President of the Philippines. 93 is null and void. Code. Republic Act No. 1946.appointing its directors vested in the President of the Philippines. we hold that. therefore. it is obvious that under the above rule the said executive order was Angelo. C. The President had to carry the mandate. This he did by promulgating the executive order in question which. 48 . doing an act. including. JJ. Consequently. That the Control Committee had good grounds for disapproving the its Instrumentalities. Montemayor and Bautista 1947. government-controlled corporations. 51 and the executive order (No. does not constitute an undue delegation of legislative power.. with costs. economy and efficiency in their operations. to make reforms and changes in government-controlled corporations.. for the purpose of the executive order just mentioned. that Executive Order No. Bengzon. the resolution of the NAFCO contention that quarters allowance is not compensation. But regardless of whether quarters allowance should be efficiency and economy in the operations of the corporation and also the considered as compensation or not. the granting of it to the petitioner by the NAFCO board of directors does not 93) promulgated in accordance therewith. This beyond the period of one year limited in said law. petitioner's and consequently to approve or disapprove. 957). resolution is also clear. the rule is that so long as the Legislature "lays down a policy and a standard is established by the statute" there is no undue delegation. the first day is excluded and the last day included (Section 13 Rev. the petition for review is dismissed.000 per anum. among others. for. 93. concur. not only amendment is a clear indication that quarters allowance was meant to be because it is based on a law that is unconstitutional as an illegal delegation included in the term "additional compensation". cannot be insisted on behalf of allowance necessarily constitute an item of expenditure in the corporation's officers and employees working for the Government of the Philippines and budget. Feria. for otherwise the of legislature power to executive. It can hardly be questioned since it was disapproved by the Control Committee in the exercise of powers that under these powers the Control Committee had the right to pass upon. lays down a standard and policy that the purpose shall be to meet the exigencies attendant upon the establishment of the free and independent government of the Philippines and to promote simplicity." The It is argued. but also because it was promulgated amendment would not have expressly excepted it from the prohibition. The standard was set and the policy fixed. As to the first ground. tested by the rule above cited. the granting of the allowance amounted to an illegal payment of additional compensation to those working for the Government increase of petitioner's salary beyond the limit fixed in the corporate charter and its Instrumentalities.) As the act was approved on October 4.J. it was also subject contravene the provisions of the NAFCO charter that the salary of the to the powers of the Control Committee created in said executive order. the resolution of the board of the power to pass upon the program of activities and the yearly budget of directors authorizing payment thereof to the petitioner cannot be given effect expenditures approved by the board of directors. a proposition on board of directors granting quarters allowance to the petitioners as such which American authorities appear divided. being so. quarters allowance is considered additional compensation and. And in any event. 77 by expressly exempting from corporation. there can be no question that the NAFCO is Government controlled corporation It is also contended that the quarters allowance is not compensation and so subject to the provisions of Republic Act No. Jur. 332 of 1941. as pointed out by the Auditor General and the This is so because Executive Order No. President was given a period of one year within which to promulgate his executive order and that the order was in fact promulgated on October 4. naturally. The second ground ignores the rule that in the computation of the time for prohibited.

Provided. issued Executive Orders Nos. provides: Fernando were allowed to and did appear as amici curiae. and no such manifestation.1 municipalities in which the proposed barrio is situated. a new barrio may be created or the name of an existing one may be changed by the EMMANUEL PELAEZ. upon the that the statutory denial of the presidential authority to create a new barrio ground that said Section 68 has been impliedly repealed by Republic Act No. L-23825 December 24.R. The THE AUDITOR GENERAL. municipality or municipalities in which the proposed barrio is stipulated. provincial board of the province. implies a negation of the bigger power to create municipalities. reads: define the boundary. Gonzales. of any province. to restrain him. 1964 the President of names changed" except by Act of Congress or of the corresponding the Philippines. 1965 Upon petition of a majority of the voters in the areas affected. instituted the present special civil action. the main import of the petitioner's argument. however. petitioner. J. 124 and 126 affected" and the "recommendation of the council of the municipality or to 129. barrios may "not be created or their boundaries altered nor their During the period from September 4 to October 29. subsequent to the of several municipalities adversely affected by the aforementioned executive passage of Republic Act No. subprovince. creating thirty-three (33) municipalities enumerated in the margin. and may change the seat of government within any subdivision to such All barrios existing at the time of the passage of this Act shall come under place therein as the public welfare may require: Provided.G. Moreover. from passing in audit any expenditure of Respondent answers in the affirmative. for a writ of prohibition with since barrios are units of municipalities?" preliminary injunction. CONCEPCION. The cogency and force of this argument is maintains the contrary view and avers that the present action is premature too obvious to be denied or even questioned. as Vice President of the Philippines and as taxpayer. may divide any province changed except under the provisions of this Act or by Act of Congress. That no new barrio may be created if its population is Office of the Solicitor General for respondent. it cannot be offset except by a clear manifestation of the intent subdivisions in question — have been impleaded. old barrios under the jurisdiction of the new municipality. 93 to 121. disputed executive orders are based." Petitioner argues. barrio. 1960. 2370 became effective. upon the theory that a new public funds in implementation of said executive orders and/or any municipality can be created without creating new barrios. has been brought to our attention. Soon after the date last mentioned. No. authorization of the (Philippine Legislature) Congress of the Philippines shall first be obtained whenever the boundary of any province or subprovince is to 49 . Respondent which consists of several barrios. and Barrios shall not be created or their boundaries altered nor their names increase or diminish the territory comprised therein. recommendation of the municipal council shall be embodied in a resolution approved by at least two-thirds of the entire membership of the said council: Zulueta. Paculdo and Associates for petitioner. or boundaries. upon recommendation of the council of the vs. merge any of such Pursuant to the first two (2) paragraphs of the same Section 3: subdivisions or portions with another. when Republic Act No. That the the provisions hereof. or other political subdivision. separate any political division other than a province. respondent. into one or more subprovinces. which is Petitioner alleges that said executive orders are null and void. Founded upon logic and and that not all proper parties — referring to the officials of the new political experience. Subsequently. cannot even create a Emmanuel Pelaez. such as. 1964 petitioner accordingly: "If the President. as well as his representatives and agents. into such portions as may be required. each of 2370 and constitutes an undue delegation of legislative power. 2379. upon which the Moreover. however. or on November 10. Attorneys Enrique M.: Hence. This theory overlooks. can he create a municipality which is composed of several barrios. by placing disbursement by said municipalities. municipality. under this new law. section 68 of the Revised Administrative Code. the mayors of Congress to the contrary. 2370. Fernando and Emma Quisumbing. The (Governor-General) President of the Philippines may by executive order The third paragraph of Section 3 of Republic Act No. against the Auditor General. orders — because the latter have taken away from the former the barrios composing the new political subdivisions — intervened in the case. less than five hundred persons. [township] municipal district. since January 1. purporting to act pursuant to Section 68 of the Revised provincial board "upon petition of a majority of the voters in the areas Administrative Code. name any new subdivision so created.

undermining the very foundation of our recommended by the (Insular Auditor) Auditor General and approved by the Republican system.I. that said law: (a) be complete in itself — it must set forth therein the require. 519-5201) — in consequence of place therein as the public welfare may require. the powers therein conferred could be Stewart. 1938. Neither does it give a standard sufficiently (36 Phil. without a statutory declaration of policy. it is essential. Aicklen. delegate would in effect.. 518. not the clauses preceding the one It is obvious. 23 Pac. even if we assumed that the phrase "as the public welfare may powers. including the change of the seat of the courts. Municipality of Cardona vs. Kelly vs. Rosenthal (68 Phil. It does not enunciate any policy to be carried out power. "municipal corporations are exercised. and. the jurisdiction of any administrative officer or any judicial officer. February 13.3 which provided that. from the language of this clause. could thereby arrogate upon himself the power. shall would be no means to determine. of the common boundaries of two municipalities. he to the new districts so formed. by adopting measures Upon the changing of the limits of political divisions in pursuance of the inconsistent with the end sought to be attained by the Act of Congress. Section 68 of the Revised Administrative Code does not meet these well Respondent alleges that the power of the President to create municipalities settled requirements for a valid delegation of the power to fix the details in under this section does not amount to an undue delegation of legislative the enforcement of a law. relying upon Municipality of Cardona vs." exclusively to the place to which the seat of the government was to be transferred. the fixing and definition. not only to make the law. 2d 347-349). by executive order. involving. pursuant to Act No. likewise. there of the head of the Department having executive control of such officer. but a mere not overlook the fact that. as the public interest requires. It is true that policy to be executed. carried out or implemented by the delegate2 — and in Calalang vs. January 2. Higgins vs. as it does. enforcement or administration At any rate. to forestall a violation of the principle of separation of concerned. 425. he may." in said Section 68. whereas the last part of the first sentence of said section referred purely the creatures of statutes. the conclusion would be the same. 1748. not the creation of a new municipality." The opening 119 S. In the language of other therein (as in said section 68).2a Indeed. which. which is the General) President of the Philippines. In this connection. 1748 — which was not included in legislative power" (Udall vs. existing at the time of and prior to said transfer (See Gov't of the P. May 29. the President: another municipality (Binañgonan). It is apparent. 726) and People vs. for precise to avoid the evil effects above referred to. with the recommendation and advice essence of every law. or the conditions under which. the adoption of means and ways to carry into effect the "whenever in the judgment of the Governor-General the public welfare law creating said municipalities — the authority to create municipal requires. make or formulate such policy. 405. may partake of an administrative nature — Section 68 was originally Section 1 of Act No.2b Hence. Williams (70 Phil. (Governor-General) President of the Philippines. government "to such place . qualifies all other clauses thereof. under the last clause of the first sentence of transfer of territory — from an already existing municipality (Cardona) to Section 68. insofar as the case at bar is of a law. . As Section 68 of the Revised Administrative Code — governed the time at the Supreme Court of Washington has put it (Territory ex rel. but only the place to which the seat of the government may be boundary. This fact becomes more apparent when we consider that said adjoining municipalities. whether the redistrict the territory of the several officers affected and assign such officers delegate has acted within or beyond the scope of his authority. he claims. without the aforementioned standard.. of Binañgonan [34 Phil. 1748. we do said case involved. in order to avoid or settle conflicts of jurisdiction between transferred.. 79 P. Severn. that. thus foregoing authority. that the phrase "as the public welfare may require" qualified. Such claim is untenable. 547). which. 50 . whereas the power to fix such common just quoted. ex rel. 1890. 409). also — and this is worse — to unmake it. with reasonable certainty." effect the changes enumerated corporations is essentially legislative in nature. has settled it. Municipality of Binañgonan or implemented by the President. Although1a Congress may delegate to another branch of the Government the power to fill in the details in the execution. (b) fix a standard — the limits of which are sufficiently determinate or When action by the (Governor-General) President of the Philippines in determinable — to which the delegate must conform in the performance of accordance herewith makes necessary a change of the territory under the his functions. but. the (Governor. 1959) or "solely and exclusively the exercise of statement of said Section 1 of Act No.. an equitable distribution of the funds and obligations of nullifying the principle of separation of powers and the system of checks and the divisions thereby affected shall be made in such manner as may be balances. and. consequently. it is "strictly a legislative function" (State ex rel. however. may change the seat of the government within any subdivision to such Municipality. however.be defined or any province is to be divided into one or more subprovinces.

86 Atl. and of the nature of the few restrictions that are imposed. 347-349). state laws granting the judicial department. setting forth the area desired to be included in such village (Territory delegation of legislative power. 2d. the power to issue rules Highway vs. Upon the other hand. correction and delegation of legislative powers. and will tend to one of fact. calling for the determination of questions of fact. 405-409). 74 S. the creation of municipalities. authorizing the President of the United States to approve "codes of fair competition" submitted to him by one or more trade or industrial associations Such is not the nature of the powers dealt with in section 68. the particular municipality (Udall vs.W. We think that the code making authority thus although the powers and functions of the village are specifically limited by conferred is an unconstitutional delegation of legislative power. 1033. But. 1. Both cases involved grants to 1570) is quite relevant to the one at bar. in which case the board shall enter an order creating a municipal conferred upon the Director of Public Works. 2d. in his opinion. expansion described in Sec. As the Supreme To summarize and conclude upon this point: Sec. Instead of Milwaukee. 67 N. Severn. insofar as the court is allowed to determine whether the lands welfare or public interest. this Court had upheld "public welfare" and "public interest. 2d. as constituting undue from the statement of the general aims of rehabilitation. there would no on certain steps being taken by the inhabitants thereof and on certain longer be any legal impediment to a statutory grant of authority to the determination by a court and subsequent vote of the inhabitants in favor President to do anything which. it is obvious that "public welfare. The Schechter case involved the administrative officers of powers related to the exercise of their constitutionality of Section 3 of the National Industrial Recovery Act administrative functions. In view of the scope of that broad the power to determine whether certain territories should be annexed to a declaration. 3 of the Recovery Act is Court of Wisconsin has aptly characterized it. as sufficient standards for a valid delegation of the authority to village "as justice may require" (In re Villages of North Milwaukee. incorporation is for the best interest of the community in any case is It does not undertake to prescribe rules of conduct to be applied to particular emphatically a question of public policy and statecraft" (In re Village of North states of fact determined by appropriate administrative procedure. For that legislative undertaking. 310-313. and abdication of the powers of Congress in favor of the Executive. to issue and cancel certificates or is concerned. or conferring upon courts the authority to declare a given town or village incorporated. but membership therein and are truly representative. Sec. supra. or vesting in a discretion of the President in approving or prescribing codes.328). prescribing rules of conduct. is virtually unfettered. under Act No. is not an administrative function. country. Coastal Turnpike Authority. 23 Pac. 67 N. the Rosenthal case referred to the authority of the Insofar as the validity of a delegation of power by Congress to the President Insular Treasurer." which has ex rel Kelly vs. Such grant of authority would be a virtual embraced in the petition "ought justly" to be included in the village. courts of justice have annulled. statute (In re Municipal Charters. Stewart. It supplies no standards for any trade. if the validity of town. and would whether the interest of the inhabitants will be promoted by such bring about a total collapse of the democratic system established by our 51 . The Federal Supreme Court held: Highway vs. Coastal Turnpike Authority. the doctrine laid down in these cases — as all judicial 1035-1037). consequently. and to enlarge and diminish the boundaries of the proposed respectively. leads to the same result. Severn. (79 L. U. it authorizes the making of codes to prescribe them. In fact." and. or a political question (Udall vs.S. permits for the sale of speculative securities. The question are not designed "to promote monopolies or to eliminate or oppress small of whether or not "public interest" demands the exercise of such power is not enterprises and will not operate to discriminate against them.E. 3 sets up no standards. 1035-1037). construction or operation of a toll road is in the issues involved therein. 2581. and designate If the term "unfair competition" is so broad as to vest in the President a its metes and bounds. it is "purely a legislative question "(Carolina-Virginia Coastal effectuate the policy" of said Act.4 The law construed in the Calalang case with. tantamount to a thereof. "the question as to whether without precedent. aside For this reason. containing a given area and population. or creating a Municipal Board of Control which shall determine pronouncements — must be construed in relation to the specific facts and whether or not the laying out. 310).E." incorporation.W. 74 S. Ed. to be incorporated as a town. 307-308). with the approval of the corporation and fixing the name of the same (Carolina-Virginia Coastal Secretary of Public Works and Communications. may be required by public thereof. 258-359). and thus Commission the right to determine the plan and frame of government of enacting laws for the government of trade and industry throughout the proposed villages and what functions shall be exercised by the same. or authorizing the territory of a even a broader connotation." provided that such codes one which is essentially and eminently legislative in character. industry or activity. upon petition of a majority of the taxable inhabitants discretion that is "virtually unfettered. and regulations to promote safe transit upon national roads and streets. the case of Schechter Poultry Corporation vs. the delegation of powers made in Section 68 were upheld. execute the law. 79 P. As above or corporations which "impose no inequitable restrictions on admission to indicated. 315-318). outside of which they do not constitute precedents "public interest" and whether the requirements of the law had been complied and have no binding effect.

or to create a It may not be amiss to note that the executive orders in question were issued new one. Hence. Neither may he vote. he would act in connection therewith. that the expenditures incidental thereto have assume directly the functions thereof or to interfere in the exercise of been sanctioned. as part of the Revised Administrative Code. This power is denied by inconsistent with said statutory enactment. In other words. duly represented. He may not enact an ordinance which the municipal council has As regards the first point. or offices of the national adoption of the Constitution. departments. exercise general supervision over all local governments as may he has over said executive departments. bureaus or offices. and take care that the laws be faithfully executed. wield no more authority than that of checking whether said local respondent's claim (a) that "not all the proper parties" — referring to the governments or the officers thereof perform their duties as provided by officers of the newly created municipalities — "have been impleaded in this statutory enactments. although he may see to it that the corresponding provincial been appointed or elected and assumed office.5 aforementioned municipalities. acted on any of the executive order & in question and has not intimated how he could compel local officials to submit to his dictation. however.6 Thus. who has appeared on behalf of respondent Auditor General. remove any of its officials. As a consequence. said local officials.7 the Constitution to the Executive. no matter how patently unwise it may be. issued executive orders creating municipal corporations and Then. bureaus or offices. Section 10 (1) of Article VII of our fundamental law ordains: governments than that vested in him over the executive departments. bureaus or offices implies no more than the authority to without peradventure of doubt. even if it had thereby violated a duty imposed the parties do not claim. in any official investigation. by creating a new municipality and in effect. Manifestly.8 including therein the barrio in which the official concerned resides. that the President has. he could. as well as to act in lieu of such officers. the President cannot interfere with local case. by merely brandishing the With respect to the second point. insofar as local governments are concerned. are mere agents or representatives of the Upon the other hand if the President could create a municipality. which it is the special duty and privilege of this Court to uphold. must be deemed repealed by the subsequent officers of the executive departments. and. bureaus. which involves a political. effect. in national government. is the set aside or annul an ordinance passed by said council within the scope of officer authorized by law "to act and represent the Government of the its jurisdiction. Administrative Code does not merely fail to comply with the constitutional mandate above quoted. for many years. discretion by its officials. also. been. such control does not include the authority either to abolish an executive department or bureau." and (b) that "the present petition is premature. the alleged power of the President to create after the legislative bills for the creation of the municipalities involved in this municipal corporations would necessarily connote the exercise by him of an case had failed to pass Congress. in 1935. not proprietary. 1917. He may not even Philippines. for his office would thereby become vacant. interfere in the exercise of such discretion as may be vested by law in the approved on March 10. its offices and agents. In short. without actually creating it. if any." governments. exercising over them the power of control denied to him by the Constitution. General. Revised action against him. A better proof of the fact that the issuance authority even greater than that of control which he has over the executive of said executive orders entails the exercise of purely legislative functions departments. subject to judicial cognizance. conferring upon him more power over municipal corporations than that which or offices. respondent alleges that he has not as yet power to create a new municipality (if he had it). It is. bureaus or offices. the power of control of the President over executive that the same have been organized and in actual operation. function. it reverses the process and does the exact opposite. except on appeal from a decision of the corresponding Administrative Code). approved or passed in audit by the General Auditing Office 52 . Their interest in the case at bar has. proceeding or suspend an elective official of a regular municipality or take any disciplinary matter requiring the services of a lawyer" (Section 1661. namely. said Section 68. that the officers of any of said municipalities have thereto by law. by The President shall have control of all the executive departments. a matter of common. With respect to the latter.Constitution. At any rate. in connection with the creation of the provincial board. bureaus. in effect. and failed or refused to pass. Section 68 of the Revised can hardly be given. the fundamental law permits him to There are only two (2) other points left for consideration. as it The power of control under this provision implies the right of the President to certainly does. even if it did entail an undue delegation of legislative powers. the Solicitor officials take appropriate disciplinary action therefor. which is utterly incompatible and government. be provided by law. public knowledge. so long as the same or its officers act Within the scope of their authority. accordingly. suffice it to say that the records do not show. thus indicating. Instead of giving the President less power over local Again. thereby.

in this Court a petition for prohibition with preliminary injunction against the Auditor General. in light of the Philippine Constitution and audit any expenditure of public funds in implementation of said Executive Republic Act 2370 (The Barrio Charter).. the Executive Orders in question are hereby declared null Code of 1917. JJ. from passing in audit any expenditure of public funds in would adopt a different policy as regards the new municipalities involved in implementation of the executive orders aforementioned. American 53 . municipality. subprovince.. Act No. of any province. And the Supreme Court. 1964 the President of the Philippines issued executive orders to create thirty-three municipalities From such working I believe that power to create a municipality is included: pursuant to Section 68 of the Revised Administrative Code. J.. shall redistrict the Municipality of Binañgonan. Department having executive control of such officer. recommended by the [Insular Auditor] Auditor General and approved by the [Governor-General] President of the Philippines. And Chief Executives since then up to the present foregoing authority. such as fixing of boundaries. When action by given authority by the Legislature (Act No. and none has been made by him.J.L. in the absence of an allegation to such effect. Bautista Angelo. did not entail abdication of legislative power (Government vs. is whether the Suing as private citizen and taxpayer. 547). Subsequently. boundary. that respondent his behalf." The issue. into BENGZON. territory of the several officers to the new districts so formed. separate any political division other than a province. Barrera and Dizon. or boundaries. Municipality of Cardona vs. General authority of [Governor-General) President of the concur. Municipality of Binañgonan. [township] municipal district. J. the [Governor-General] President the Jones Law. makes necessary a change of the territory under the jurisdiction of any subdivisions and mergers. merge any such subdivisions or portions with another. however.. It is argued that Section 68 of the Revised Administrative WHEREFORE. with the recommendation and advice of the head of the details. within the framework of administrative officer or any judicial officer. Section 68 is again reproduced hereunder for convenience: Bengzon. 518. C. There is no reason to believe. It is so ordered. time and again invoking it to issue the divisions thereby affected shall be made in such manner as may be executive orders providing for the creation of municipalities. 1748's aforesaid statutory authorization was embodied in Section 68 of the Revised Upon the changing of the limits of political divisions in pursuance of the Administrative Code.and its officials.B. name any new subdivision so created. ruled in 1917 that the execution or implementation of such of the Philippines. Orders or any disbursement by the municipalities above referred to.. 36 Phil. this case. — The [Governor- General] President of the Philippines may by executive order define the Zaldivar. merge any of such subdivisions or portions with another. or other political subdivision. It seeks to restrain the respondent or any person acting in The power to create a municipality is legislative in character.P. took no part. 68. Public funds to "separate any political division other than a province.. and may A sign of progress in a developing nation is the rise of new municipalities. at and void ab initio and the respondent permanently restrained from passing in the least. 34 Phil. is invalid or. Petitioner contends that the President has no power to create a municipality by executive order. Vice President Emmanuel Pelaez filed legislature can validly delegate to the Executive such power. J. 1748) to act upon certain details the [Governor-General] President of the Philippines in accordance herewith with respect to said local governments. J. name any new subdivision so created. From September 4. an equitable distribution of the funds and obligations of continued to avail of said provision. 1964 to October 29. Reyes. therefore. so far as it purports to grant any such power. [Philippine Legislature] Congress of the Philippines shall first be obtained whenever the boundary of any province or subprovince is to be defined or So it was that the Governor-General during the time of the Jones Law was any province is to be divided into one or more subprovinces. may be required. Philippines to fix boundaries and make new subdivisions. into such portions as thereby stood to be disbursed in implementation of said executive orders. change the seat of government within any subdivision to such place therein Fostering their rapid growth has long been the aim pursued by all three as the public welfare may require: Provided. and increase or Separate Opinions diminish the territory comprised therein. SEC. That the authorization of the branches of our Government. already repealed. may divide any province into one or more subprovinces. concurring and dissenting: such portions as may be required.

in his invalid (Ibid. therefore. Political change. but the power of the Chief to create them. Under the prevailing rule in the United States — and Section 68 is of Such aim is the policy now embodied in Section 10 (1). it follows a fortiori that the power only in specific instances therein provided." (See any act but not required to do such act. Congress It is very pertinent that Section 68 should be considered with the stream of cannot by law grant him such power (Hebron v. delegate purely legislative powers. I am compelled to conclude. delegate as to whether the municipal corporation should be created. For not only was separation of powers strictly ordained. In said case. the recognition of our independence and rightful place in the family of nations. except conferred on or exercised by the President. whether so expressed in the statute giving the All this had one aim. 50 O. the power to control local governments can no longer be situation. have since taken place. Again. of self-government. Section 68 was not constitutionally objectionable at the time power to control is an incident of the power to create or abolish of its enactment. unavoidably inconsistent with the Philippine Constitution. all the more cannot be so conferred or exercised. MaIlare.) dependent on a sound discretion to be exercised for the good of the service and benefit of the public. the power of control over local governments had now been taken away from the Chief Executive. July 28. And The advent of the Philippine Constitution in 1935 however altered the since as stated. what is delegable is not the power to create municipalities but only the power and take care that the laws be faithfully executed. And any history in mind. municipalities. Section 68 was adopted half a century ago. two world wars. Furthermore. Now Section 68 no doubt gives the President such discretion. Exercise of administrative discretion — The exercise of the much only as "may be necessary to secure and enforce faithful and efficient permissive powers of all executive or administrative officers and bodies is administration by local officers. 628). 1900 President McKinley of the United States. bureaus of the government in the Philippine Islands. that creating municipalities and controlling their local governments are "two worlds apart. Reyes. Repeal by the Constitution of prior statutes inconsistent with it has already Article VII of the Philippine Constitution provides: "The President shall have been sustained in De los Santos v. that Section 10 (1).authorities have therefore favored the view that it cannot be delegated. one must trace its development and growth. 4820). supra. Reyes. In 1917 the It remains to examine the relation of the power to create and the power to Philippines had for its Organic Act the Jones Law. A proper knowledge of the past is the only adequate such power formerly granted under the Jones Law thereby became background for the present. to determine the existence of facts under which creation of a municipality will result (37 Am. laid down the policy that since it says that the President "may by executive order" exercise the our municipal governments should be "subject to the least degree of powers therein granted. Article VII of the American origin — the provision in question would be an invalid attempt to Constitution (Rodriguez v. 5. 87 Phil. contrary to the principle of separation of powers. there is an attempted delegation of legislative power and the statute is As early as April 7. that general supervision over all local governments as may be provided by law. and when such officer or body is given authority to do direct administration except of matters of purely general concern. Montinola. bureaus. to fully understand the significance of The test is said to lie in whether the statute allows any discretion on the this provision. 1958. Instructions to the Second Philippine Commission." is untenable." Now Section 10 (1). And under the setup control local governments. therefore. by this Court in Hebron v.G. Executive over local governments suffered an explicit reduction. Said relationship has already been passed upon ordained therein no strict separation of powers was adhered to. with the end in view of later allowing them to assume complete management and control of the administration of their local affairs. 289. it was ruled that the Consequently. supra). If so. to enable the Filipinos to acquire experience in the art authority or not. And it was there control of all the executive departments. In short. Article VII of the Formerly. the doing of the same shall be Hebron v. Said supervision and control was to be confined within the "narrowest limits" or so SEC. Respondent's view. that the President shall have no power of control over local governments.). Accordingly. Jur. or offices. Reyes. Section 5 of the same Code states: supervision and control" on the part of the national government. Section 21 of the Jones Law provided that the Governor-General Constitution has repealed Section 68 of the Revised Administrative Code as "shall have general supervision and control of all the departments and far as the latter empowers the President to create local governments. therefore. exercise held that such repeal differs from a declaration of unconstitutionality of a 54 . L-9158." And the national government "shall have no based upon discretion. It is the evident decree of the Constitution.

e. repealed Section 68 of the Revised Administrative Code's provision giving the President authority to create local governments.posterior legislation.g. Suffice it to state. The smaller the unit of local government. in such a case. in my opinion. could still exercise power over the supposedly autonomous unit. the Court is but sustaining the fulfillment of our historic desire to be free and independent under a republican form of government. Makalintal and Regala. so that it is not surprising for Congress to deny the national government some power over barrios without denying it over municipalities.. therefore. For as long ago observed in President McKinley's Instructions to the Second Philippine Commission. And for this reason I agree with the ruling in the majority opinion that the executive orders in question are null and void. The national government. A realistic program of decentralization therefore calls for autonomy from the bottom upwards. so much so that only a majority vote of the Court is needed to sustain a finding of repeal. JJ. In thus ruling. that statutory prohibition on the President from creating a barrio does not.g. I disagree with the majority view that because the President could not create a barrio under Republic Act 2370. and exercising a function derived from the very sovereignty that it upholds. by exercising it over the smaller units that comprise them. It is not contrary to the logic of local autonomy to be able to create larger political units and unable to create smaller ones. it is academic to ask whether Republic Act 2370 likewise has provisions in conflict with Section 68 so as to repeal it.. for practical reasons. For this reason. that the Constitution. For although municipalities consist of barrios. municipalities.. a fortiori he cannot create a municipality. the barrios. greater autonomy is to be imparted to the smaller of the two political units. at any rate. Furthermore. the lesser is the need for the national government's intervention in its political affairs. It is my view. e. Since the Constitution repealed Section 68 as far back as 1935. warrant the inference of statutory prohibition for creating a municipality. Executive orders declared null and void. local autonomy cannot be given from the top downwards. 55 . concur. and not Republic Act 2370. there is nothing in the statute that would preclude creation of new municipalities out of pre- existing barrios.

............ 6.............. a franchise to construct. petitioner......... The Vigan Electric Light 1 — 20 watt bulb per month .00 In connection therewith..... heat and/or power. petitioner resold said electric Service Commission........ Company has commercialized these privilege which property belong to the P2. of 200 watts...... heat and/or power plant for the purpose of generating and distributing Crisologo and 107 alleged residents of Vigan Ilocos Sur"..... 4...G.......... hrs.... as anomalous and illegal..................... 8.........000) ELECTRIC heat and/or power services in said municipalities and to charge its METERS in blackmarket by the Vigan Electric Light Company to Avegon customers and/or consumers the following rates: Co... relative to METER RATE the 2....01 per watt per night................. L-19850 January 30... 1948.R.......... Soon thereafter............... granted petitioner Vigan Electric Light authorized rates.......... Inc.. we issued a writ of injunction restraining five (5) years later. petitioner secured from respondent on May 31...... For the next 35 Kw.. del Pilar for respondent..00 postponed to March 12.. plus P0............. hrs......... I wish to inform For all over 100 Kw................ Inc.................................. the Vigan Electric Light Co... Inc.... in accordance with the above schedule of rates...... Attached hereto as Annex For the first 15 "1" and made an integral part thereof is a certification to that effect by For the first 15 Kw. Upon the filing of the petition and the submission and power and energy................ 17......00 1 — 40 watt bulb per month ... hrs.50 We also report that the electric meters in Vigan used by the consumers had 1 — 50 watt bulb per month ........ ... ......... a conference to be held on February 12......... THE PUBLIC SERVICE COMMISSION..... H. 5........ 1962............................. on February 1..... P0... In reply to said 1 — 100 watt bulb per month ... has not had any dealing with the Avegon Co. charging the light. INC......... 1962 for the purpose of revising its 316.. and another letter stating inter alia: 1 — 200 watt bulb per month ............000 electric meter mentioned in the petition.................. to whom.......... Armovit for petitioner...... Federico S....... for sale within the limits of several municipalities of following: the province of Ilocos Sur.50 1 — 80 watt bulb per month ............. or on January 16..... .............................. 1 — 150 watt bulb per month .. approved on June 19. in the course of the business of said This is an original action for certiorari to annul an order of respondent Public petitioner............... J. Accordingly...................... ................ 7...ñët 1 — 75 watt bulb per month ........ maintain and operate an electric informing the former of an alleged letter-petition of "Congressman Floro light.............................. respondent advised petitioner of said respondent from enforcing the order complained of Republic Act No................... a certificate of public convenience to render electric light..... acting with respondent's approval......00 per month for connection of 200 watts or less.40 Avegon Co..... 1 — 25 watt bulb per month .. On May 22.................. .............. a letter asking that the conference scheduled for February 12 be 13............. entered into CONCEPCION. 1957.... as counsel for Vigan Electric Light Co.... P0...00 and directing the petitioner to comment on these charges...50 the actual consumption...... Said electric meters were imported from Japan by the Vigan Electric Light Company in behalf of the consumers of FLAT RATE electric current from said electric company.............. for resale................... 9...... 1964 Minimum Charge: P6...............50 been installed in bad faith and they register excessive rates much more than 1 — 60 watt bulb per month ..... respondent........ in fact..... Inc.........................: a contract for the purchase of electric power and energy from the National Power Corporation.. Inc... 3............. hrs...... ....25 Furthermore................ petitioner received a letter of respondent Company.... TEMPORARY RATE Raymundo A...... petitioner's counsel wrote to respondent........ please be informed that my client.... ......... petitioner... No. 1950... vs... Arlos and P.... to its customers.00 communications.......1äwphï1........20 this Honorable Commission that the charge that said company installed the 56 .......30 For the next 50 Kw.... We also denounce the sale of TWO THOUSAND (2..... About approval of the corresponding bond........... 1962....30 people..01 per watt per month for connection in excess VIGAN ELECTRIC LIGHT COMPANY........................

1962. petitioner herein instituted the present Bantay and Cagayan.00 latter that the scheduled conference had been cancelled. entitled to return amounted to P118.78. 1962. Damole "for the successful accomplishment of his work". and give and never made a single dividend declaration in favor of its its net operating income for rate purposes of P53. Inc. We find from the report that the total invested capital of the utility that. respondent had issued an order. Vigan Electric Light Co. to wit: checked. and that. The motion was not acted upon in said conference of April 10. 1962.012. that in the conference above mentioned have a computed revenue by rates of P182. 1962. in Vigan. Billings to customers shall be made to the nearest multiple of five centavos. alleging that its rates could be Upon consideration of the foregoing. 1962. that the petition to quash the subpoena duces tecum had been granted. which was later postponed to May 21.55. Inc. petitioner it "never was able to as of December 31. modified or altered at anytime for any just cause and/or in the public service.164 per kwh duces tecum requiring petitioner to produce before the former. before respondent. on May 17. In other words. and finding that the Vigan Electric Light reduced only if proven by evidence validly adduced to be excessive.01 per watt per night. for the period from January 1 to December action for certiorari to annul said order of May 17. and even the fairness of its increase. that petitioner had not even been served a copy WHEREFORE..90 per month for connection of 200 was or less plus financial statements specified in said process.205 per kwh petitioner to cooperate with said Mr. Electric Light Co. that petitioner consonance with Section 3 of Republic Act No.246 per kwh No. the utility should aggregate loss of P113. or on June 25.45% stockholders" because its operation from 1949 to 1961 had resulted in an of its invested capital. Soon later.529. On the date last mentioned P0. and that since it realized petitioner had called the attention of respondent to the fact that the latter had an actual revenue by rates of P221. letter-petition and that a hearing would be held. whether petitioner would consent to the reduction of its rates. covering the operation of the Vigan Electric Light Co..84%. tested and sealed by your office. 1962. "under the provisions of Commonwealth Act For the next 35 kwh per month at P0.39.351. 1961.17. from which we quote: The above rates may be revised. Damole had "been For the first 15 kwh per month at P0. We now have the audit report of the General Auditing Office dated May 4. certain books of account and Minimum Charge: P4. if a reduction of its rates could not be agreed upon. by because respondent was merely holding informal conferences to ascertain 18%.132.328 per kwh instructed to make an audit and examination of the books and other records of account" of said petitioner. since its Corporate inception in 1948. may be reduced by 17. 1962".692. Cesar A. it had an excess revenue by not furnished the former a "copy of the alleged letter-petition of rates of P39. that Co. 1962. Ilocos Sur. upon the ground 31. Inc. 325 and in accordance with the request of the Public Service Commission contained in its letter dated March 12. that 57 . is making a net operating profit in excess of the allowable return of petitioner offered to introduce evidence to show the reasonableness of its 12% on its invested capital. 1961.. petitioner received a communication form the General Auditing Office notifying him that one Mr. and directing For the next 50 kwh per month at P0. petitioner moved to quash the subpoena duces tecum. 1962.electric meters in bad faith and that said meters registered excessive rates present meter rates for its electric service effective upon the billing for the could have no valid basis because all of these meters have been inspected month of June. However.523. the present rates of the Vigan view that there was no necessity of serving copy of said letter to petitioner. 3043 that reduction of its was then assured that it would be furnished a copy of the aforementioned rates to the extent of its excess revenue be put into effect immediately. it was then TEMPORARY LIGHTING decided that the next conference be held on April 30. that respondent then expressed the 33. on the date last mentioned. that in order to earn 12% per annum. during a conference scheduled for April 10.84% of the actual revenue by rates and Congressman Crisologo and others". Inc.. they were advised by the Minimum Charge: P1. is hereby ordered to reduce the of the auditor's report upon which the order complained of is based. When petitioner's representatives appeared P0. or in round figure.34 represents 45. 1962. which is 17. that petitioner objected to said reduction without a hearing.516. respondent issued a subpoena For all over 100 kwh per month at P0. we believe that it is in the public interest and in aforementioned rates. Subsequently. 1962. METER RATE — 24-HOUR SERVICE On March 15.01 per watt per month for connection in excess of 200 watts.45% of the invested capital.

other special rates which shall be imposed. the latter is entitled decision of the Public Service Commission — is not in point because. 394.. Willingham. the report on which was on file with said respondent.. U. People vs. Bowles (c) To fix and determine individual or joint rates. in making said finding of fact. U. of the principle of defenses. and that petitioner had not sought a reconsideration of said order. and had. 328. Gaz. not require previous notice and hearing. The pertinent parts thereof provide: 660. words.such order had been issued without notice and hearing. Yakus vs. in violation. and that.S. and followed determinable without requiring another legislation. 307 U. and lays down a standard or pattern sufficiently fixed or determinate. By way of special of the allocation of powers therein made. 230). L-8895. 321 U. Industrial Commission. Vera. principle of separation of powers. — when such rules and/or rates are meant to apply to all enterprises of a given kind throughout the Philippines — may partake of a legislative In support of its first special defense respondent maintains that rate-fixing is character. there therein referred to had already been audited and examined by the General would be no reasonable means to ascertain whether or not said body has Auditing Office. Pangasinan Trans.. 414. Rosenthal. Congress his not delegated. 1. 332 U. it should be noted. People vs. 321 U. vs. The Commission shall have the power. 234. also. 4805. to guide the thereafter by any public service: Provided. Ang Tang Ho 43 Phil. Court of Industrial Relations (69 Phil.S. Araneta without necessity of any hearing. U. and to introduce evidence to the order complained of — which respondent claims to be legislative in disprove the contents thereof and/or explain or complement the same.S. that the acted within the scope of its authority. vs.S.. Court of Industrial Relations. vs. tolls charges. the power of latter had directed that petitioner be served a copy of said report. Heinszen. Gatmaitan. alleged that the disputed order had been separation of powers. That the Commission may in its administrative body concerned in the performance of its duty to implement or discretion approve rates proposed by public services provisionally and enforce said Policy (People vs. as well as commutation. Cervantes vs. and that the upon the finding of fact — based upon a report submitted by the General decision in Ang Tibay vs. 533.. consistently with the previous notice and hearing. however.S. Youngberg. 38. 295 U. Alegre vs. such is not the nature of the order complained of. Secretary of Education.. explicitly only to matters purely of local concern (Rubi vs. Likewise. In its answer respondent admitted some allegations of the complaint and Antamok Gold Fields vs. and Indeed. which is denied by petitioner. Ammann vs. upon proper notice and the execution or enforcement of a policy laid down by a which is complete in hearing in accordance with the rules and provision of this Act..S. 4043. as yet. but it shall call a hearing thereof within 58 . Indeed.. respondent. vs. it is predicated constitutionally be exercised without previous notice of hearing. 276 U. 70 Phil. 327.S. Provincia Board. 146. respondent alleged that it granted petitioner's motion to Mallonce. 11 Phil.. the a legislative function. legislation would eventually be exercised by a branch of the Government although this has not. Williams. 1952. Smith. People vs. Gaz.. Mutual quash the aforementioned subpoena duces tecum because the documents Film Corp. denied other allegations thereof. 56. that. Public limitations and exception mentioned and saving provisions to the contrary: Service Commission. mileage kilometrage.. which underlies our constitutional system. 70 Phil. 65 Phil. However. petitioner. or. that legislative or rule-making powers may same applies exclusively to petitioner herein. May 26.S. Rock Royal Corp.S. Obviously. 16. 56 Phil. been actually done. at least. 245. White.. L- accordingly. In other of judicial functions. What is more. 307 U..S.. U. Cruz vs. and. 370). 39 Phil. although the rule-making power and even the power to fix rates administrative remedies.S.. 68 Phil. and that. 48 Off. 6230. 53 Phil. petitioner could have seen other than that in which it is lodged by the Constitution. vs.. 726. Such law is not deemed complete unless it or schedules thereof.. but. Arnault. classifications. Schechter vs. 51 Off. subject to the itself (Calalang vs. U. require notice Indeed hearing. as a consequence.S.. observed. not only and examined said report had it really wanted to do so. 340. 1960. accordingly. vs. 68 Phil. failed to exhaust all Moreover. Otherwise. vs. as nature — the Ang Tibay case referred to a proceeding involving the exercise well as to refute the conclusion drawn therefrom by the respondent. 635) — in Auditing Office — that petitioner is making a profit of more than 12% of its which we held that such notice and hearing are essential to the validity of a invested capital. 1957. January 28. and cannot issued under its delegated legislative authority. L-12091. moreover. particularly the conclusions drawn by Barrias. unlike to cross-examine the maker of said report. sections 16(c) and 20 (a) of Commonwealth Act No. vs. 503). Lim Ho. petitioner had been denied due process. Philippine Association of Colleges vs. Hence. 495 Mulford vs. xxx xxx xxx Collector of Customs. respondent performed a function partaking of a quasi-judicial character the valid exercise of which demands At the outset. 221.S. the exercise of which does delegate legislative powers to the Public Service Commission. Auditor General.. April 30. legislative powers may not be delegated except to local governments. 206 U. Co. Congress may delegate to administrative agencies of the government the power to supply the details in SEC.

fare. took no part. which make notice and hearing. equipment of an operator is use principally or secondarily for the promotion Gaz. it should be assumed that petitioner's current rates were fixed by respondent after proper notice and hearing.(43 Am. toll. JJ. 20.L. or are. . J. maintain. Acts requiring the approval of the Commission. individual or joint rates. 1955). it WHEREFORE. or almost immediately after its issuance (on May considered in relation with the public service of such operator for the 17. Hence. the writ prayed for is granted and the preliminary injunction shall be unlawful for any public service or for the owner. C. without such notice and hearing. so that a 59 . that is. and. Regala and Makalintal. As a general rule. determinative and judicial or quasi-judicial.B. Padilla. whether the proceedings. 50 Off. fix.... L-7180. That in case the public service institution of the present action for certiorari (Ayson vs.. Dizon. lessee or operator issued by this Court hereby made permanent. (Emphasis supplied. Jur.) Wherefore. only upon reasonable notice to the public services and other parties concerned. 1962). on the other hand. on the one hand. proceedings without first filing said motion (Guerrero vs. Bautista Angelo.) Since compliance with law must be presumed. March 15. we find that petitioner was justified in commencing this purpose of fixing the rates. prerequisite to action by the commission. establish. modification of such rates cannot be made. Paredes. The Commission shall approve only those that are just and reasonable and not any that are unjustly discriminatory or unduly preferential. charge. 5810). upon publication and notice to the concerns operating motion for reconsideration thereof is not an absolute prerequisite to the in the territory affected: Provided. — Subject to established limitations and exception and saving provisions to the contrary. hence. 1962.. and upon the nature and object of such proceedings. collect or carry into effect any Barrera. Emphasis supplied. concur. SEC. (a) To adopt. J. are. a public utility must be afforded some opportunity to be heard as to the propriety and reasonableness of rates fixed for its services by a public service commission. without the approval and authorization of the Commission previously had — Bengzon. 716.thirty days thereafter. Labrador. impose. particularly considering that the factual basis of the action taken by respondent is assailed by petitioner. null and void. Reyes. we hold that the determination of the issue involved in the order complained of partakes of the nature of a quasi-judicial function and that having been issued without previous notice and hearing said order is clearly violative of the due process clause. For this reason considering that said order was being made of a private business the net profits of said private business shall be effective on June 1. Carbonell. It is so ordered.J. further. over petitioner's objection.. classification or itinerary. legislative and rule-making in character. commutation mileage or other special rate. . The rule applicable is set forth in the American Jurisprudence the following language: Whether notice and a hearing in proceedings before a public service commission are necessary depends chiefly upon statutory or constitutional provisions applicable to such proceedings. affecting the rights an property of private or specific persons. thereof. Republic. giving them reasonable opportunity to be heard..

too. Secretary. J. was planted upon the facts as found in said decision.3 So. plaintiff's case. (2) that the decision of the Executive Secretary is contrary to law and of no Province of Davao. and dismissing the claim of Jose Paño and his companions. the Secretary of Agriculture and Natural Resources — on JOSE PAÑO. Lands as affirmed by the Secretary of Agriculture and Natural Resources. legal force and effect. LC Map President. 1955. with Latian River as the dividing by the Executive Secretary of Agriculture and Natural Resources — yielded line) "should be subdivided into lots of convenient sizes and allocated to an affirmative answer from the lower court. Jose Paño and nineteen other claimants2 applied for Resources. His is the power the part thereof covered by their own sales application. Secretary of Agriculture and Natural Resources has full force and effect. 1955. confirm. he controls and directs their acts. No. and hectare pasture land situated in Tamlangon. In this context. On January 9.G. JUAN DE G.. Hence. plaintiff corporation in turn filed its own sales application Plaintiff's position is incorrect.103. reverse a decision of the Director of Lands that had been affirmed 1749. Naturally. appeal by Jose Paño for himself and his companions — held that the appeal and HON. is the privilege to dismiss them at pleasure. On June 25. Municipality of Bansalan. only upon courts but also upon the President. the portion Magallanes ceded to plaintiff was officially 1. L-27811 November 17. defendants-appellees. Magallanes ceded his rights and interests to a portion And now subject of this appeal is the judgment of the court a quo dismissing (392. LACSON-MAGALLANES CO. without prejudice to the corporation's right to reimbursement for the cost of surveying this portion. plaintiff-appellant. is his control of all executive departments. to appoint them.1 actual occupants. INC. modified the decision of the Director of Natural Resources and Executive Secretary.7569 hectares) of the above public land to plaintiff. Plaintiff's mainstay is Section 4 of Commonwealth Act 141. This was protested by Jose Paño and his constitutional origin. The precept released from the forest zone as pasture land and declared agricultural land. that the decision just mentioned. be allocated that portion on which they have made improvements." and (2) The question — May the Executive Secretary. there is that decisions of the Director of Lands "as to questions of facts shall be conclusive when approved" by the Secretary of Agriculture and Natural On January 26. JUAN PAJO. in his capacity as Secretary of was without merit and dismissed the same. HON. Davao. The President's duty to execute the law is of covering the entire released area. Abellera for plaintiff-appellant. 27. too. Agriculture and Natural Resources. and (1) declared that "it would be for the public interest that appellants. "[b]y authority of the Office of the Solicitor General for defendant Secretary of Agriculture and President" decided the controversy. Victorio Advincula for defendant Jose Paño." It may be well to state. Executive Secretary Juan Pajo. A move to reconsider failed. Plaintiff's trenchment claim is that this statute is controlling not the purchase of ninety hectares of the released area. 1953. signed by the Executive provisions of Sections 17 and 31 of the Judiciary Act of 1948. following an investigation of the conflict.R. The undisputed controlling facts are: Plaintiff corporation took the foregoing decision to the Court of First Instance praying that judgment be rendered declaring: (1) that the decision of the In 1932.: are mostly landless farmers who depend on the land for their existence. vs. this appeal certified to this Court by the Court of Appeals upon the at this point. RODRIGUEZ. On July 5. Jose Magallanes was a permittee and actual occupant of a 1. modify or reverse the action taken by his department decision on July 31. Project No. The case was elevated to the President of the Philippines. acting by authority of the directed that the controverted land (northern portion of Block I. Leopoldo M. Implicit then is his authority to go The Director of Lands. 1958. 1957. in his capacity as Executive Secretary. On March 29. it may not be said that the President cannot rule 60 . rendered a over. 1954. of Bansalan.. 1967 corporation. his. who SANCHEZ. that department heads are men of his confidence. 1956 giving due course to the application of plaintiff secretaries.4 nineteen companions upon the averment that they are actual occupants of Thus it is. as amended. On April 13.

Dizon. for non-exhaustion of all administrative even intimated in the record of this case. the thought seems to lurk in the opinion of a respectable that he is an alter ego of the President. But plaintiff underscores the fact that the Executive Secretary is equal in other view would be highly unorthodox.14 No such disapproval or reprobation is warranting dismissal of the case.7 For the reasons given. cannot be successfully assailed.10 Not as correct.12 Agriculture and Natural Resources [?]" — merits but one answer. and pursue or resort to this last remedy of appeal was considered a fatal defect. The constitutional grant to the President of the power of control over all executive departments.on the correctness of a decision of a department secretary. J. does not thereof which speaks of "the standard practice" allowing appeals from contain any provision whereby the presidential power of control may be [decisions of Secretary of Natural Resources affirming the action taken by delegated to the Executive Secretary." his decision is that of the President's. it may be stated that the right to appeal to the President against plaintiff. The assumed is to allow appeals from such decisions to the Office of the President. reposes upon the President's power of control over the executive departments. The Constitution.6 In other cases. Bengzon. JJ." It is sound law.5 This authority of the Executive Secretary is to be accepted. J. including of the Director of Lands that had been affirmed by the Secretary of the Director of Lands. the standard practice Such decision is to be given full faith and credit by our courts. A further observation may not be amiss concerning that portion an undue delegation of power. may issue. This argument betrays lack of appreciation of the fact that where. cannot intrude into the zone of action number of members of the bar that a provision as that found in the Public 61 . The President is not expected to perform in person all opinion of the Court appears to me to reflect with greater fidelity the the multifarious executive and administrative functions. The learned opinion of Justice Sanchez possesses merit and inspires 2..11 Reason is not views. J. Any 3. the Executive Secretary Particularly in reference to the decisions of the Director of Lands. That for me is more than duty of the President to act personally upon the matter. performance of his duties and to substitute the judgment of the former for that of the latter. Costs Parenthetically. It is argued that it is the constitutional the Director of Lands] to the Office of the President. C. only the Court has recognized this practice in several cases. however. acting by authority of the President. the decision of President may rightfully say that the Executive Secretary is not authorized to the Lands Director as approved by the Secretary was considered do so. plaintiff carves the argument that one department head. So ordered. no higher than anyone of them.. which has thus gained recognition is that "under our constitutional setup the Executive Secretary who acts for and in behalf and by authority of the The question asked in the opening paragraph of the opinion — "May the President has an undisputed jurisdiction to affirm. bureaus It is correct to say that constitutional powers there are which the President and offices yields that implication.8 And control simply means "the power of an officer to alter or Concepcion.J. It must be in the unqualified affirmative. a "standard practice. by the Secretary of Agriculture and Natural Resources. concurring: an act of his department secretary. The rule control in the Presidency. petitioner asserts... failure to the Chief Executive. Makalintal. Plaintiff next submits that the decision of the Executive Secretary herein is assent."9 Separate Opinions This unquestionably negates the assertion that the President cannot undo FERNANDO. modify. unless the action taken is "disapproved or reprobated by superseded by that of the President's appeal. Zaldivar. is it so say that the Chief Executive may not delegate to his Executive Secretary acts which the If this were all.P. allocated to another department secretary. remedies. or even reverse Executive Secretary. The Office of the constitutional intent as embodied in the above provision vesting the power of Executive Secretary is an auxiliary unit which assists the President.B. concur. I feel constrained to do so however in order to emphasize that the wanting for this view. the judgment under review is hereby affirmed. Reyes. In one. So the Court holds.1 must exercise in person.L. reverse a decision any order" that the Secretary of Agriculture and Natural Resources. rank to the other department heads. as in this case. Therefore. modify or nullify or set aside what a subordinate officer had done in the Castro and Angeles. For. That is as it should be. there would be no need for an additional expression of my Constitution does not command that he perform in person."13 that remains the act of the Chief Executive. From this. as affirmed acts "[b]y authority of the President.. on the pretext Nonetheless.

dealing with the Executive accorded such power of control. it is said. the establishment of a single.. 'should be of the President's bosom leading framers of the Constitution and thereafter. the multifarious executive and matters but this is by mere concession of the executive. 'each head of a under the presidential type of government which we have adopted and department is. begin with the enunciation of the principle that 'The executive fundamental law. we have decided to sustain the contention of the that of the President. that Chief Justice Taft of the Supreme Court of the United States.S. departments. 52 at 133. unless disapproved or reprobated by the Chief Executive. however. 498.S. however illegal. and as forcibly characterized by government in this case on the broad proposition. 11 Sup.. If my reading of the searchlight.. ed.3 [1839]. 272 U. Secretary of Interior.Land Act to the effect that decisions of Director of Lands on questions of are.. 291. 122 U. ed. Stated otherwise. 101 binding in so far as the President is concerned in the case of disciplinary U. 202. Ford ed. action taken against non-presidential appointees. 30 Law. 691. (7 Op. Secretaries of departments. Ct. Rep. and. The heads of the executive departments occupy political positions and hold office in an advisory capacity. Fear. 'are subject to the vs. and the acts of the secretaries of such the Executive Department. United States. Their reverberating clang. 10 Law. to direction of the President. Eliason view might have gained plausibility in the light of Ang-Angco vs. As a matter of required by the Constitution or the law to act in person or the exigencies of executive policy. Wilcox vs. Law. as a member of this confidence' (7 Writings. exercise certain the heads of the various executive departments are assistants and agents of powers under the law but the law cannot impair or in any way affect the the Chief Executive. 13 Pet.' Without minimizing the importance of the heads of paraphrase Justice Cardozo.' This means that the of all of the broad range of authority the President possesses by virtue of President of the Philippines is the Executive of the Government of the such a provision. and no other. there is one purpose which narrow interpretation what could reasonably be included in such competence is crystal clear and is readily visible without the projection of judicial recognized by the Constitution be unduly restricted. they may be granted departmental autonomy as to certain the situation demand that he act personally. opinion of Justice Sanchez is correct. of course. ed. It is merely to suggest his cabinet. Castillo. Chapman [1880]. Rep.. is the authority in the executive departments. ed. 498). presumptively facts shall be conclusive when approved by the Secretary of Agriculture and the acts of the Chief Executive. With reference authority"4 as Justice Laurel noted. section 12. 21 at 30. 1141. 25 Law. Jones vs. 137 U. see also U. irregular or improper may be these acts. Rep. Philippines. This is not to say that what responsibility by the President of the Philippines for acts of any member of was there decided was entirely lacking in justification. and.S.)" The argument that what the then Executive Secretary acting for the The opinion of Justice Laurel continues: "Fear is expressed by more than President did was justified by the constitutional grant of control elicited no one member of this court that the acceptance of the principle of qualified favorable response. Attorney-General. This 543. Care is to be taken then lest by a too to the Executive Department of the government. St. 775. and that is. 453). their personality is in reality but the projection of serious reflection. 10 Law. Article VII. in the language of Attorney- Court.S. then there is a more hospitable scope The first section of Article VII of the Constitution. in the Reference to the words of Justice Laurel. Moreover there would be a greater awareness on the part power shall be vested in a President of the Philippines. he assumes the corresponding responsibility.. in the light of certain well-known principles and practices that Executive Department is vested with both "constitutional and legal go with the system. against the system once adopted. and except in cases where the Chief Executive is constitutional power of control and direction of the President. 160). If the President. are serious. 71 and administrative organizations are adjuncts of the Executive Department.S. For me this is more in keeping with the Department. established and operated. should offer the necessary explanation. all executive (Myers vs. should drown all weaker sounds. albeit not suggested. not plural. U. Wolsey vs. he controls and directs 62 . 80. vs. in the absence of administrative functions of the Chief Executive are performed by and through valid legislation in the particular field. who was himself one of the language of Thomas Jefferson.. ed. 264. The head of a department is a man of his confidence. United States [1887]. is no valid argument authority constitutionally conferred on the President. then. ed. where the procedure set forth in the Civil Service Act in 1959 was held 34 Law. 1167. 16 Pet. [1890]. and must be the President's alter ego in the matters of that considering the departmental organization established and continued in department where the President is required by law to exercise authority' force by paragraph 1. one of its most authoritative expounders in the leading case of Villena General Cushing. 47 Sup.. of our Constitution. performed and promulgated in the regular course of business. Executive. 915. Familiarity with the essential background of the type of govenment established under our It is well-worth emphasizing that the President unlike any other official in the Constitution.5 is not inappropriate. (Runkle vs. 968. Thus: "After the various departments. Natural Resources2 constitute a limitation of such power of control. Ct. Jackson [1836].S. 7 Sup. The Court apparently was not receptive to a more political agency in this and similar cases would result in the assumption of expansive view of such executive prerogative. The that it may contain implications not in conformity with the broad grant of implications.

in the language of Daniel Webster.J.. These are the necessary corollaries of the American presidential type of government. and if there is any defect." Concepcion. should be answerable for the acts of administration of the entire Executive Department before his own conscience no less than before that undefined power of public opinion which. C.his acts. not any of his secretaries. is the last repository of popular government. he is the executive. J. and Castro. it is attributable to the system itself. 63 . concur. It is therefore logical that he. and we cannot modify the Constitution by any subtle process of judicial interpretation or construction. We cannot modify the system unless we modify the Constitution. the President. he appoints him and can remove him at pleasure.

the same Sierra Madre Trust filed with the Bureau of Mines an Adverse Claim against LLA No. viz. (5) Finland 8 and (6) Finland 9. 137. DIRECTOR OF MINES. 1965 and 3502-A. on the same date July 26. on May 14. Agriculture and Natural Resources as DANR Case No. Nueva reads: 64 . (12) H-9 and (13) Jc-9. Municipality of Dupax. 1969. V-7872 (Amd) encroached and overlapped the These two (2) adverse claims. and duly The dispositive portion of the decision rendered by the Director of Mines registered with the office of the Mining Recorder at Bayombong. heard in the Bureau of Mines. (10) W-8. void.A. (2) Finland 3. (4) H-12 (5) Jc-12. L-32370 & 32767 April 20. (2) A-20.G. and illegal. (5) A-29. V-9028 of the J This is a petition to review a decision of the Secretary of Agriculture and & S Partnership over six (6) lode mineral claims viz. and Adverse Claim against LLA No. mentioned six (6) lode mineral claims of respondent Jusan Trust Mining HONORABLE SECRETARY OF AGRICULTURE AND NATURAL Company. This adverse claim was docketed in the Bureau of Mines as Mines Province of Nueva Vizcaya. Administrative Case No. The adverse claim alleged that the aforementioned six (6) lode minerals claims covered by LLA No. SIERRA MADRE TRUST. JUSAN TRUST MINING V-7872 over said claims. and denying lode lease application LLA No. V-9028. 3502A. and on appeal to the Department of Agriculture and Natural Resources as DANR Case No. Province of Nueva Vizcaya. No. Province of Nueva Vizcaya. V-404.. (9) F- Supreme Court a petition for review wherein only questions of law may be 11. V-7872 (Amd) of the Jusan Trust Mining illegal. (5) JN-11. and the aggrieved party or lode mineral claims of herein petitioner Sierra Madre Trust. null void. (10) Wm-11. in DANR Cases Numbered 3502 and A-24. The factual background is given in the brief of the petitioner-appellant which Nueva Vizcaya. Barrio Abaca Municipality of Dupax. reliefs and remedies available in the premises. ABAD SANTOS. Lobruga Rondoz & Cardenas Law Offices for petitioner.. (4) A-25. the adverse claimant prayed for such other COMPANY. 61 of the Mining Law (C.1965. all situated in Sitio raised. 1962. encroached and overlapped the thirteen (13) Natural Resources shall be final and conclusive. (7) F-10. and situated in Sitio Gatid.: (1) Wm-14. The adverse claim prayed for an order or decision declaring the above- vs. Barrio of Abaca Municipality of Dupax. Further. (3) Natural Resources dated July 8. 1983 Vizcaya on May 14. (8) A-9.. (1) A-12. December 11. all registered on March 30. claims. Further. Barrio of Abaca Municipality of Dupax. This adverse claim was docketed in the Bureau of Mines as Mines Administrative Case No. the Sierra Madre Trust filed with the Bureau of Mines an mentioned six (6) claims of respondent J & S Partnership. and also jointly considered in the appeal in the viz. and all situated in Sitio Maghanay.: Likewise. 1966. (6)WM-11. and (6) A-30. respondents. (3) JC-11. all registered on remedies available in the premises. (9) N-9. (8) Wm-11. the adverse claimant prayed for such other reliefs and (3) Finland 5. Vizcaya. V-9028 over the said Company over six (6) lode mineral claims. MAC Nos. and J & S PARTNERSHIP. V-404. V-403 and V-404 were jointly eleven (11) lode mineral claims of the herein petitioner Sierra Madre Trust. 1965. RESOURCES. The decision affirmed a decision of the Director of Mines dated amended August 5. and denying lode lease application LLA No. Findings of facts in the decision or order of The adverse claim alleged that the aforementioned six (6) lode mineral claim the Director of Mines when affirmed by the Secretary of Agriculture and covered by LLA No. (6) W-12. with the office of the Mining Recorder of Nueva November 6. and (11) JN-8. as amended) which provides: ".R. petitioner. 3502. 1970. 1964 with the office of the Mining Recorder of Nueva Vizcaya. null. (4) Finland 6. (7) Jn-11.: (1) Finland 2. viz. (11) F-11." Taduan. Department of Agriculture and Natural Resources. has not been contradicted by the respondents-appellees and is as follows: The adverse claim prayed for an order or decision declaring the above- On July 26. and on appeal to the Department of Fortunato de Leon for respondents. (3) A-13. Nos. all situated in Sitio Taduan Barrio of Abaca. 1965. (2) H-12. The appeal was made pursuant to Sec. (4) W-11. Province of Nueva Vizcaya and duly registered with the office of the Mining Recorder at Bayombong. J. parties desiring to appeal from such decision or order shall file in the (2) F-14.: (1) A-19.

"A-24". However. "A-19". the appeal interposed by the of Mines that the mining claims of the appellees were validly located.. be vested with juridical personality to lode lease applications (LLA) of the latter "encroached and overlapped" the enable it to locate and then lease mining claims from the government?" former's mineral claims. There is also believe that there exists no conflict or overlapping between the protestant's nothing in the record to indicate whether or not the appellees are registered and respondents' mining claims. "during the intervening period from the 31st day after the discovery [by the Makasiar (Chairman). "A-29" and "A-30" mining claims." After the Secretary of Agriculture and Natural Resources had affirmed the factual findings of the Director of Mines to the effect that there was no overlapping of claims and which findings were final and conclusive. "A. thereby. as amended)?" It also raised ancillary questions. Act No. " And this finding was affirmed by the with the Securities and Exchange Commission. this Office believes and so holds that the considering that there is no justiciable issue between the parties. (18) lode mineral claims of the appellant Sierra Madre Trust. the protestant [petitioner herein] did not establish any intervening right as it is our findings that their mining claims do not overlap respondents' Aquino.3". Guerrero. the Director Suffice it to state that this question was not raised before the Director of of Mines found that. this Office finds that the Director of Mines did not err when he cannot be passed upon.. as hereby they are. 1969. Law have found that there is neither encroachment nor overlapping in 25". "Finland-6". De Castro and Escolin JJ. this question allegation. officers of the Executive Department tasked with administering the Mining "Finland-5". whatever may be the answers to claims) filed by protestant Sierra Madre Trust should be. Sierra Madre Trust should have kept its peace for obviously it suffered no material injury and had no pecuniary interest to protect. the Secretary of Agriculture and Natural Resources said: "This Office is in conformity with the findings of the Director IN THE LIGHT OF ALL THE FOREGOING. 65 . respondents] to the date of location nobody else located the area covered concur.. the questions will not materially serve the interests of the petitioner. For this fact Costs against the petitioner. the petitioner also asks: "May an association and/or partnership The adverse claims of Sierra Madre Trust against Jusan Trust Mining registered with the Mining Recorder of a province. "A-20". is on leave.. Sierra Madre Trust is hereby dismissed and the decision of the surveyed and registered. "Finland-8". In DISMISSED. The respondents have the preferential right over their "Finland-2". Accordingly. 137. found that the twelve (12) claims of respondents Jusan Trust Mining Company and J & S Partnership did not encroach and overlap the eighteen WHEREFORE. closing it is useful to remind litigation prone individuals that the interpretation by officers of laws which are entrusted to their administration is entitled to And that of the Secretary of Agriculture and Natural Resources reads: great respect. "By sheer force of evidence. in contravention to the mandatory provision of Section 33 of the New Mining Law (Com.. But it was obstinate and raised this legal question before Us: "May there be a valid location of mining claims after the lapse of thirty (30) days from date of discovery." Director of Mines dated November 6. appellant. "Finland-9". " Finally. but not registered with the Company and J and S Partnership were based on the allegation that the Securities and Exchange Commission. It should be noted that according to the Director of Mines in his decision. has been incotrovertibly proven by the records appertaining to the case.' In his decision. the petition for review is hereby dismissed for lack of merit. Accordingly." SO ORDERED. J. We see no reason why We have to answer the questions in this petition IN VIEW OF THE FOREGOING. . For these reasons. "Finland. mining claims. this Office is constrained to Mines and the Secretary of Agriculture and Natural Resources. affirmed. acting on the adverse claims. Concepcion Jr. even Secretary of Agriculture and Natural Resources thus: "Anent the first assuming that there is a justiciable issue between the parties. the protests (adverse respect of the claims involved.

V. Mr. No. the NHA denied the motion to dismiss and scheduled Case No. Block IV of replied that he would conform with the request as soon as he was able to the Ponderosa Heights Subdivision in Antipolo. Yuson resume payment of his monthly installments. respondents. Yuson paid only the arrearages payment of the amount of P16. a formal demand was made for full and immediate Clause 17 of the Contract to Sell. Antipolo hereby obligates itself to provide the subdivision with: Realty responded by rescinding the Contract to Sell. Clause 17. between September 1972 and reads: October 1976. 15.G. vs. complainant vs. the month of August 1972 and Antipolo Realty alleged. For his part. — SUBDIVISION BEAUTIFICATION. Antipolo Realty reiterated its On 28 August 1974. from the petitioner verify the truth of the representation in the notice. Yuson.e. Yuson brought his b) Underground drainage system dispute with Antipolo Realty before public respondent NHA through a letter- complaint dated 10 May 1977 which complaint was docketed in NHA as c) Asphalt paved roads Case No. and requesting resumption of By virtue of a Contract to Sell dated 18 August 1970. had accrued during the period while the stopped all monthly installment payments falling due thereafter Clause 17 improvements were being completed — i. suspend his monthly installments without any penalties or interest charges JACOBO C." In addition. Failure by the SELLER shall permit the BUYER to capacity as General Manager of the National Housing Authority. Hernando transferred his rights over Lot No. 2123. then pending before the NHA. consolidation of Case No. in which Mr. consent of Antipolo Realty. Viado Jr. THE HON. 252 (entitled "Jose B. HON. In an Order f) Landscaping and concrete sidewall issued on 7 February 1978. These improvements shall be complete within a period of two (2) years from THE NATIONAL HOUSING AUTHORITY.73. a) Concrete curbs and gutters Aggrieved by the rescission of the Contract to Sell. No. 15. YUSON. d) Independent water system Antipolo Realty filed a Motion to Dismiss which was heard on 2 September 1977. CLAVE. On 14 October 1976. 1 VIRGILIO A. 2123 for hearing. and claiming the forfeiture of all installment payments previously made by Mr. Yuson acquired prospective and beneficial ownership over Lot. L-50444 August 31. J. Yuson refused to pay the September 1972-October 1976 monthly subdivision in line with the modern trend of urban development. The transfer was embodied in a Deed of the decision rendered by the National Housing Authority (NHA) on 25 Assignment and Substitution of Obligor (Delegacion). Yuson assumed the performance of Conrado S. Mr. representing installments which. without presenting any evidence. pertaining to the period up to.: respondent Yuson advising that the required improvements in the subdivision had already been completed.R. ANTIPOLO REALTY CORPORATION. the SELLER installments but agreed to pay the post October 1976 installments. 1987 h) 24-hour security guard service. 2123 with several other cases filed against it by other subdivision lot buyers. the president of Antipolo Realty sent a notice to private FELICIANO. citing private respondent Virgilio Yuson. G.. executed with the October 1976 in Case No. Antipolo Realty. in his date of this contract. Antipolo Realty Corporation. Rizal. Reyes.. Mr. respondent") declaring Antipolo Realty to have the vendee's obligations under the original contract. TOBIAS. In a second letter dated 27 November 1976. g) Developed park or amphi-theatre 66 . in his capacity as Presidential Executive Assistant and until such time that such improvements shall have been completed. and including. 15 to request that Mr. for failure of Antipolo Realty Contract to Sell executed by and between the lot buyers and the to develop the subdivision project in accordance with its undertaking under respondent. including payment of his "substantially complied with its commitment to the lot buyers pursuant to the predecessor's installments in arrears. Mr. moved for the e) Electrical installation with concrete posts.994. However. Jose Hernando payment of the monthly installments on Lot No. petitioner. To insure the beauty of the Mr.

Thus. Clave. Antipolo Realty again asserts that. He also found that Antipolo disputes in the field of labor (as in corporations. "Increasingly. the NHA had not only acted on a reinstatement of the Contract to Sell under the following conditions: matter beyond its competence. Hon. m) No penalty interest shall be charged for the period from November 1976 to the date of the statement of account. did not so expressly state in the law. as a and intricate matters of fact. 941 [1954])... . on 9 March 1979. experience and 5 A motion for reconsideration was denied on 29 January 1979. 2 administrative agencies (e. assumed the performance of judicial or quasi-judicial functions which the NHA was not l) Antipolo Realty Corporation shall sent [sic] to Virgilio Yuzon a statement of authorized to perform. Yuson and. although it complainant. Inc. this Court has been committed to the view that unless the law speaks clearly and In the present petition. the Securities and Exchange Commission and the National Labor Relations Commission) is well recognized in our Antipolo Realty filed a Motion for Reconsideration asserting: (a) that it had jurisdiction. and services of the administrative tribunal to determine technical Sell. Limited delegation of judicial or quasi-judicial authority to the statement of account. in hearing the unequivocably. the NHA rendered a decision on 9 March 1978 ordering the the Contract to Sell between the parties. The Court held that under the "sense- making and expeditious doctrine of primary jurisdiction . 4 United Mine Workers v. the need for specialized administrative 1978. retain all the prior installment payments made by the with the purposes of the regulatory statute administered" (Pambujan Sur latter. Samar Mining Co. subject to judicial review in case of grave abuse Thereafter. The Court in the earlier case 67 . L-49051. the choice should fall on fan administrative agency]" ' (NFL v. 6 the unmistakeable trend has been to refer it to the former. not in the NHA. the jurisdiction of the NHA was exercise of sound administrative discretion requiring the special knowledge. it could validly terminate its agreement with Mr. Petitioner further asserted that. 94 Phil. but that public utilities) ruled that Congress in requiring the Industrial Court's its counsel had failed to attend the hearing. since that the dockets of our regular courts have remained crowded and clogged. 3 The case was submitted for intervention in the resolution of labor management controversies likely to decision. and It is by now commonplace learning that many administrative agencies exercise and perform adjudicatory powers and functions. that complaint involved the interpretation and application of the Contract to In Spouses Jose Abejo and Aurora Abejo. et al. 8 the Court. No. and (b) that the jurisdiction to hear and decide Mr. Once more. Sell. and eventually decided. . Tobias. 7 basically because the need for special competence and been denied due process of law since it had not been served with notice of experience has been recognized as essential in the resolution of questions the scheduled hearing." boards or commissions with the special knowledge. Rafael dela Cruz.. though to a limited n) Virgilio Yuzon shall be given sixty (60) days to pay the arrears shown in extent only. complaint of private respondent Yuson and in ordering the reinstatement of Eisma. said: The motion for reconsideration was denied on 28 June 1978 by respondent In the fifties. citing precedents). which was jurisdiction of an administrative tribunal where the question demands the docketed as G. through Mr. petitioner interposed an appeal from the NHA decision with the of discretion has become well nigh indispensable. "without prejudice to petitioner's pursuing the administrative remedy.g. the courts cannot On 2 October 1978. of complex or specialized character and because of a companion recognition Yuson's complaint was lodged in the regular courts. We find the petitioner's arguments lacking in merit. et al. Chief Justice Teehankee. 127 SCRA 419. 932. in effect. public respondent Presidential Executive Assistant Jacobo C.. in 1984.V. vs. under Clause 7 of the Contract to experience. the Court Office of the President which.R.After hearing. etc. who sustained the jurisdiction of the administrative commissions and boards the power to resolve specialized NHA to hear and decide the Yuson complaint. the Court taking cognizance of the move to vest jurisdiction in NHA General Manager G. solely on the evidence presented by the cause strikes or lockouts meant such jurisdiction to be exclusive. and a uniformity of ruling is essential to comply consequence thereof. assailed. public transportation and Realty had in fact been served with notice of the date of the hearing. Antipolo Realty came to this Court with a Petition for or will not determine a controversy involving a question which is within the certiorari and Prohibition with Writ of Preliminary Injunction. 428. account for the monthly amortizations from November 1976 to the present. dismissed the same through noted that 'between the power lodged in an administrative body and a court. but had also.. capability to hear and determine promptly disputes on technical matters or essentially factual matters. This Court denied certiorari in a minute resolution issued on 11 December In this era of clogged court dockets.

The ever dimensions of the grant of regulatory authority to the NHA in the following increasing variety of powers and functions given to administrative agencies quite specific terms: recognizes the need for the active intervention of administrative agencies in matters calling for technical knowledge and speed in countless controversies SECTION 1. after due notice to the owner or developer. dealer. observed condominium sellers and operators. and of the multiplication of administrative agencies is that the interpretation of contracts and the determination of private rights thereunder is no longer a C. . 23. et al. dealer. In the exercise of its functions to regulate the real estate trade which cannot possibly be handled by regular courts. known as "The Subdivision and Condominium Buyers' Decree. Inc. (emphasis supplied. National Housing fraudulent manipulations perpetrated by unscrupulous subdivision and Authority. owners. thus endangering the health and safety of home and lot conflicting findings and conclusions by two tribunals on one and the same buyers. — No installment payment made by a exclusive jurisdiction to regulate the real estate trade and business in buyer in a subdivision or condominium project for the lot or unit he accordance with the provisions of this decree (emphasis supplied) contracted to buy shall be forfeited in favor of the owner or developer when the buyer. broker and determine the rights of private parties under such contracts. — The National Housing Authority shall have Sec. developers. 957. 56 [1982]).D. . numerous reports reveal that many real estate subdivision previous P. and fraudulent sales of the same subdivision lots to different innocent There is no question that a statute may vest exclusive original jurisdiction in purchasers for value — . developer. amendment splitting their jurisdiction with the regular courts. 957. . operators.) Thus. the agency concerned must commonly interpret and apply contracts condominium unit buyer against the project owner. Tropical Homes. the National Housing Authority shall have exclusive In general the quantum of judicial or quasi-judicial powers which an jurisdiction to hear and decide cases of the following nature: administrative agency may exercise is defined in the enabling act of such agency. drainage. had second thoughts about depriving the Labor Arbiters and representations and obligations to provide and maintain properly subdivision the NLRC of the jurisdiction to award damages in labor cases because that roads. Justice Gutierrez. developer. the extent to which the NHA has been vested with quasi-judicial authority must be determined by referring to the terms of Presidential Decree The substantive provisions being applied and enforced by the NHA in the No. Non-Forfeiture of Payments. reports of alarming magnitude also show cases of swindling and In an even more recent case.division lot or powers. (emphasis supplied) an administrative agency over certain disputes and controversies falling within the agency's special expertise. broker or salesman. claim. 10 In the exercise of such B. such as failure to deliver titles to the that: buyers or titles free from liens and encumbrances. splitting the cause of action and possible basic requirements. water systems lighting systems and other similar setup would mean duplicity of suits." 11 instant case are found in Section 23 of Presidential Decree No. Claims involving refund and any other claims filed by sub." WHEREAS. Cases involving specific performance of contractual and statutory uniquely judicial function. sewerage. One thrust or salesman. vs. noted that the the statute which provide: lawmaking authority. De Guzman (113 SCRA 52. 957 which Section 3 of this statute provides as follows: reads: National Housing Authority. obligations filed by buyers of subdivision lots or condominium units against the owner. on the provisions of the statute creating or empowering such agency. and business and in addition to its powers provided for in Presidential Decree No. speaking for the Court. 1344 12 clarified and spelled out the quasi-judicial agency includes its being vested with quasi-judicial powers.. 9 Mr. the extent to which an administrative entity may A. in restoring to the labor arbiters and the NLRC their jurisdiction to award all kinds of damages in labor cases. as against the WHEREAS.of Ebon vs. exercisable only by our regular courts. desists from further The need for and therefore the scope of the regulatory authority thus lodged payment due to the failure of the owner or developer to develop the in the NHA are indicated in the second and third preambular paragraphs of subdivision or condominium project according to the approved plans and 68 . In other words. and/or sellers have reneged on their "evidently. and to pay real estate taxes. if not wholly. The very definition of an administrative Presidential Decree No. Unsound real estate business practices: exercise such powers depends largely.

957. of suspension of payment did not become due and demandable Neither did under the general Civil Law. 23 of Presidential fundamental law abhors is not the absence of previous notice but rather the Decree No. Clearly. To our legally empowered to determine and protect the rights of contracting parties mind. Such reinstatement is no more than a be considered as having accrued during the period of suspension of logical consequence of the NHA's correct ruling. the NHA was suspension had no default on the part of the petitioner intervened. petitioner the NHA resolution pointed out. If the suspension is lifted the debtor shall resume rescind the contract and receive reimbursement of an installment payments payments but never did he incur any arrears.73 which petitioner the latter had already fulfilled. as evidenced by the annotation appearing at the bottom of said such is the most equitable and just reading that may be given to the NHA copy indicating that such service had been effected. 13 in view of petitioner's breach of its contract they accrue Such must be the case. Monthly installments during the period payments made by the private respondent as forfeited in its favor. as original period of payment in the Contract to Sell must be deemed extended well as to ensure that their obligations thereunder are faithfully performed. arguendo. therefore correct in holding that private respondent's prior installment Consequently. 15 In the instant case. To permit Antipolo Realty to collect the disputed amount in a assumed. There is. when private respondent had suspended payment of his monthly interests but excluding delinquency interests. otherwise. that the payments. for what the to defeat the purpose of the authorization (under Sec. it is the latter who is vested with the option either to suspending payments." Upon the other hand. by four (4) years and two (2) months) during which extended time (tacked on to the original We turn to petitioner's assertion that it had been denied the right to due contract period) private respondent buyer must continue to pay the monthly process. The NHA in its 9 March 1978 legal rate. by a period of time equal to the period of suspension (i.) resolution ruled that the regular monthly installments under the Contract to Sell did not accrue during the September 1972 — October 1976 period: Having failed to comply with its contractual obligation to complete certain specified improvements in the subdivision within the specified period of two [R]espondent allowed the complainant to suspend payment of his monthly years from the date of the execution of the Contract to Sell. lump sum after it had defaulted on its obligations to its lot buyers. no question that under Presidential Decree No.994. with interest thereon at the installments on his chosen subdivision lot. the notice of cancellation based on the refusal to pay the s payments could not be forfeited in favor of petitioner. supra) to lot buyers to suspend installment payments. or to suspend payment of further purchase installments until such time as Such being the case. the debtor shall resume payments" and that petitioner. that were not due and demandable is also null and void. 957. Indeed. otherwise.. albeit tardily. that such notice had not been served on the petitioner. petitioner was installments until the improvements in the subdivision shall have been not entitled to exercise its options under Clause 7 of the Contract. Respondent informed complainant on November 1976 that the petitioner could neither rescind the Contract to Sell nor treat the installment improvements have been completed. was duly served on counsel for that "[i]f the suspension is lifted. The NHA correctly held that no installment payments should Contract to Sell between the parties. the critical issue is what happens to the installment petitioner was not entitled to rescind the Contract to Sell. at his insists had accrued during the period from September 1972 to October option.within the time limit for complying with the same. It should be recalled that We turn finally to the question of the amount of P16. The record shows that a copy of installment payments until the entire original contract price shall have been the order denying the Motion to Dismiss and scheduling the hearing of the paid. the NHA resolution is most appropriately read as directing that the under the law administered by it and under the respective agreements. there is no sense in with private respondent. (emphasis supplied. to condone the for reconsideration as well. just noted. The NHA was arrears due during the period of suspension of payment is null and void. completed.e. in any payments which would have accrued and fallen due during the period of case. This assertion lacks substance. (with legal interest) made for the purchase of the subdivision lot in question. let alone a grave abuse of discretion The NHA resolution is probably too terse and in need of certification and or act in excess of its jurisdiction when it ordered the reinstatement of the amplification. Such buyer may. there is was given ample opportunity to present its side and to be heard on a motion no sense in suspending payments. would tend nevertheless the latter was not deprived of due process. the claim of entire amount that would have become due would be an expressively harsh denial of due process must hence sound even more hollow. the demand of respondent for complainant to pay the the petitioner had fulfilled its obligations to the buyer. Hence. and not just on a motion to dismiss. 14 But even if it be resolution. be reimbursed the total amount paid including amortization and 1976. its obligations to its lot buyers 69 . [s]uch must be the case. 16 penalty upon the petitioner and would result in the unjust enrichment of the private respondent at the expense of the petitioner. We think that such is the intent of the NHA resolution which directed complaint for the morning of 6 March 1978. As absolute lack of opportunity to be heard. 17 Neither did the NHA commit any abuse.

" WHEREFORE. The NHA decision appealed from is hereby AFFIRMED and clarified as providing for the lengthening of the original contract period for payment of installments under the Contract to Sell by four (4) years and two (2) months.. Padilla. Paras. Gutierrez. The suspension of installment payments was attributable to the petitioner.under their Contracts to Sell. not the private respondent. Jr. The tacking on of the period of suspension to the end of the original period precisely prevents default on the part of the lot buyer. Yap. Teehankee. SO ORDERED.. during which extended time private respondent shall continue to pay the regular monthly installment payments until the entire original contract price shall have been paid. Gancayco. Narvasa. Fernan.. JJ. the lot buyer should not be regarded as delinquent and as such charged penalty interest. C. In the words of the NHA resolution. concur. No pronouncement as to costs. Sarmiento and Cortes. Melencio-Herrera.J. the Petition for certiorari is DISMISSED. Bidin. 70 . Cruz. "never would [the buyer] incur any arrears. At the same time.

[2] this Court ruled that lands devoted to livestock and 9. Masbate. DAR issued A. 6657. 1987. DELIA T. ELLA T. null and void for under the Luz Farms doctrine. viz: 1:1 animal-land ratio (i.) No. petitioner exempted 1. CARL. which provided for a ratio between land and livestock in poultry-raising are not included in the definition of agricultural land. Garilao issued an respondents which has been devoted exclusively to cow and calf breeding. No. 1995.O.. Republic Act (R. 1993. respondents made a voluntary offer to sell (VOS)[1] their No.5635 hectares for infrastructure. and (2) the we declared as unconstitutional certain provisions of the CARL insofar as constitutionality of DAR A. inherited by On September 14. a new agrarian law.: and a ratio of 1. 1994. poultry and swine as of June 15. 1993.DEPARTMENT OF AGRARIAN G. determining the land area qualified for exclusion from the CARL. series of 1993. to cattle-raising and breeding. of the government. October 19. 9. No. In determining the area of land to be excluded.O. then DAR Secretary Ernesto D.O. 9. known as the Comprehensive Agrarian Reform Law (CARL) of 1988. pursuant to the then existing agrarian reform program the coverage of CARL. which declared him to consider as final and irrevocable the withdrawal of their VOS as. the President assailing: (1) the reasonableness and validity of DAR A. 1988. 1 DECISION hectare of land per 1 head of animal shall be retained by the landowner).[8] They filed a notice of appeal[9] with the Office of On December 4.versus' . No.209 hectares of respondents' land for grazing landholdings to petitioner DAR to avail of certain incentives under the law. in view of the Luz Farms case they included livestock farms in the coverage of agrarian reform. which declared cattle-raising lands excluded from the coverage of agrarian reform. s. dated On February 4.[5] which ' Respondents. It included in its coverage farms used for raising livestock. respondents wrote the DAR Secretary and advised September 19. PUNO. 9. They contend that their entire swine. 162070 CARL. 1993. 1992. fixed the following retention limits. DAR Administrative Order (A. 1990. Secretary of DAR. respondents filed with petitioner DAR a formal request to withdraw their VOS as their landholding was devoted exclusively to cattle-raising and thus exempted from the coverage of the 71 . 2005 provided that only portions of private agricultural lands used for the raising of livestock. also under Compulsory Acquisition. This is a petition for review filed by the Department of Agrarian Reform (DAR) of the Decision and Resolution of the Court of Appeals. 1988 shall be excluded from the x-----------------------------------x coverage of the CARL. Applying the retention limits outlined in the DAR A. their entire landholding is exempted from the being violative of the Constitution. the Municipal Agrarian Reform Officer of Aroroy. HARRY T. SUTTON. respectively. Masbate. On December 27. 2003 and February 4. On December 21. Order[7] partially granting the application of respondents for exemption from On October 26. 1993.O.R.O. J.A.7815 hectares for livestock infrastructure for every 21 heads of cattle shall likewise be excluded from the operations of the CARL. and a maximum of 102.e. in an en banc decision in the case of Luz Farms v. SUTTON. inspected respondents' land and found that it was devoted solely . On April 27. series of 1993.[6] The case at bar involves a land in Aroroy. s.O. Petitioner ordered the rest of respondents' landholding to be segregated and placed On June 10. He recommended to the DAR Secretary that it be exempted from the coverage of the CARL. Hence. poultry and Respondents moved for reconsideration. respondents reiterated to petitioner DAR the withdrawal SUTTON-SOLIMAN and Promulgated: of their VOS and requested the return of the supporting papers they submitted in connection therewith.) No.[3] REFORM. No.[4] Petitioner ignored their request. 9. In view of the Luz Farms ruling. 2004. purposes. took effect. Their motion was denied. the A. landholding should be exempted as it is devoted exclusively to cattle-raising.

Thus. A The main issue in the case at bar is the constitutionality of DAR A. It by Congress or by the Constitution. 72 . extensive warehousing facilities for feeds and other Invoking its rule-making power under Section 49 of the CARL. does not run administrative discretion is committed by the administrative body concerned. void for being contrary to the intent of the of the administrative agency beyond the scope intended. 9 to limit the area of livestock farm that augmented by lagoons and concrete ponds. Administrative agencies are endowed with powers legislative in nature.[17] We the power to make rules and regulations.On October 9. sprayers. drainage.. anti-pollution equipment like bio-gas and digester plants submits that it issued DAR A. Nor can it be used to enlarge the power declared DAR A.raising.[12] They may be properly challenged before the courts to classified as residential lands. has exceeded its power in issuing the assailed A. great portion of the investment in this enterprise is in the form of industrial series of 1993. commercial and residential lands are not covered by the CARL. 'agricultural activity. activity. feedmill with grinders. waterers and blowers. which are arable yet still undeveloped. No. even portions of the Antipolo Hills variety of public functions. 1993.O. However. i.[14] WHEREFORE.[10] It ruled that DAR A. The subsequent case of Natalia Realty. The assailed order of In the case at bar. The raising of livestock. was left for rules and regulations must be issued by authority of a law and must not the determination of the courts as the sole arbiters of such issue. to be valid.O. pumphouses.O. deepwells. No. 6657 provides that the CARL Congress with the authority to issue rules to regulate the implementation of a shall cover all public and private agricultural lands. inter alia. It is an industrial. Petitioner's arguments fail to impress. the Court of Appeals ruled in favor of the respondents. the issue on the constitutionality of the assailed A. is invalid as it contravenes the Office of the President dated 09 October 2001 in so far as it affirmed the the Constitution. No. counter to the Luz Farms case as the A. Constitutional and 1987 Constitutional Commission to exclude livestock farms from the land statutory provisions control with respect to what rules and regulations may reform program of the government. they are not immune from as agricultural lands subject to agrarian reform as these lots were already judicial review. mixers. administrative However. 2001. while administrative rules and Subdivision. forest. elevated water may be retained by a landowner pursuant to its mandate to place all public tanks. No. In Natalia Realty.e. the term agricultural land law entrusted to them. lands devoted to livestock raising. s.O. 9. Inc. premises considered. the Court held that industrial. all lands exclusively devoted to livestock. petitioner supplies. swine and poultry-raising are industrial activities and do not fall within the definition of 'agriculture or Hence. commercial necessity in modern governance due to the increasing complexity and or industrial. The fundamental rule in administrative law is that.O.[11] clarified in the Luz Farms case that livestock. could not be considered regulations have the force and effect of law. conveyors. such as: animal housing structures and facilities. 9. 09. They have been granted by stressed anew that while Section 4 of R. the deliberations of the 1987 and SET ASIDE. Constitutional Commission show a clear intent to exclude. and other technological appurtenances. we find that the impugned A. Series of 1993 is hereby DECLARED null and void. DAR Administrative Order No. seeks to remedy reports that some Clearly.[13] The rule-making power of an administrative agency may not be used to abridge the authority given to it On appeal.O. 1993. s. provided the guidelines to determine whether a certain parcel of land is being used for cattle-raising. Petitioner also contends that the A. Delegated rule-making has become a practical does not include lands classified as mineral. DAR[16] reiterated our ruling in the Luz Farms case. swine and poultry is different from crop or tree farming.O. the Office of the President affirmed the impugned Order ensure that they do not violate the Constitution and no grave abuse of of petitioner DAR.[15] and private agricultural lands under the coverage of agrarian reform. v. residential.O. No. petitioner DAR has no power to regulate livestock farms which have unscrupulous landowners have converted their agricultural farms to livestock been exempted by the Constitution from the coverage of agrarian reform. not an agricultural. The dispositive portion reads: be promulgated by administrative agencies and the scope of their regulations. exhausts and generators. sought to regulate livestock farms by including Department of Agrarian Reform's ruling that petitioners' landholding is them in the coverage of agrarian reform and prescribing a maximum covered by the agrarian reform program of the government is REVERSED retention limit for their ownership.O. in Natalia Realty. which prescribes a maximum retention limit for owners of fixed assets. contravene the provisions of the Constitution. The A. The Court SO ORDERED. this petition.O. It farms in order to evade their coverage in the agrarian reform program.A. However. swine and poultry. 9.

IN VIEW WHEREOF, the petition is DISMISSED. The assailed Decision and
A similar logical deduction should be followed in the case at bar. Lands Resolution of the Court of Appeals, dated September 19, 2003 and February
devoted to raising of livestock, poultry and swine have been classified as 4, 2004, respectively, are AFFIRMED. No pronouncement as to costs.
industrial, not agricultural, lands and thus exempt from agrarian reform.
Petitioner DAR argues that, in issuing the impugned A.O., it was seeking to
address the reports it has received that some unscrupulous landowners
have been converting their agricultural lands to livestock farms to avoid their SO ORDERED.
coverage by the agrarian reform. Again, we find neither merit nor logic in this
contention. The undesirable scenario which petitioner seeks to prevent with
the issuance of the A.O. clearly does not apply in this case. Respondents'
family acquired their landholdings as early as 1948. They have long been in
the business of breeding cattle in Masbate which is popularly known as the
cattle-breeding capital of the Philippines.[18] Petitioner DAR does not
dispute this fact. Indeed, there is no evidence on record that respondents
have just recently engaged in or converted to the business of breeding cattle
after the enactment of the CARL that may lead one to suspect that
respondents intended to evade its coverage. It must be stressed that what
the CARL prohibits is the conversion of agricultural lands for non-agricultural
purposes after the effectivity of the CARL. There has been no change of
business interest in the case of respondents.

Moreover, it is a fundamental rule of statutory construction that the
reenactment of a statute by Congress without substantial change is an
implied legislative approval and adoption of the previous law. On the other
hand, by making a new law, Congress seeks to supersede an earlier one.
[19] In the case at bar, after the passage of the 1988 CARL, Congress
enacted R.A. No. 7881[20] which amended certain provisions of the CARL.
Specifically, the new law changed the definition of the terms 'agricultural
activity and 'commercial farming by dropping from its coverage lands that are
devoted to commercial livestock, poultry and swine-raising.[21] With this
significant modification, Congress clearly sought to align the provisions of
our agrarian laws with the intent of the 1987 Constitutional Commission to
exclude livestock farms from the coverage of agrarian reform.

In sum, it is doctrinal that rules of administrative bodies must be in harmony
with the provisions of the Constitution. They cannot amend or extend the
Constitution. To be valid, they must conform to and be consistent with the
Constitution. In case of conflict between an administrative order and the
provisions of the Constitution, the latter prevails.[22] The assailed A.O. of
petitioner DAR was properly stricken down as unconstitutional as it enlarges
the coverage of agrarian reform beyond the scope intended by the 1987
Constitution.

73

A.C. No. 4634 September 24, 1997 Bernas caused the preparation and filing of a criminal complaint for
falsification of a public document on April 11, 1996, (three days before the
JESUS CABARRUS, JR., complainant, filing of the aforecited Civil Case) at the AOED of the National Bureau of
vs. Investigation if (sic) Taff (sic) Ave., a xerox copy of said complaint is hereto
JOSE ANTONIO S. BERNAS, respondent. attached and marked as Annex "B".

TORRES, JR., J.: D-1. That as stated in Annex "B", the gravaman of the affidavit complaint of
the respondent is forgery, the same legal issue in Civil Case No. 65646;
On August 30, 1996, Mr. Jesus Cabarrus, Jr. filed an administrative
complaint for disbarment against Atty. Jose Antonio Bernas for alleged D-2. That as early as August 14, 1995, respondent counsel, Jose Antonio
violations of Article 172 of the Revised Penal Code and Code of Professional Bernas filed a written complaint at the NBI for the same cause of action
Responsibility. In his complaint-affidavit 1 dated August 12, 1996, which was reiterated in another letter submitting to the NBI standard
complainant alleged as follows: specimen signatures dated October 1995, copies of said letter complaint are
hereto attached and marked as Annexes (sic) "C".
A. That on April 16, 1996, respondent Ramon B. Pascual, Jr., subscribed
under oath before Marie Lourdes T. Sia Bernas, a notary public in Makati E. That respondent Ramon B. Pascual, Jr., on the basis of Annexes A, B, C,
City, wife of lawyer Jose Antonio Bernas, a verification and certification of D, inclusive of submarkings knowingly subverted and perverted the truth
non-forum shopping which was appended to a complaint for reconveyance when he falsify certified (sic) and verified under oath in the verification and
of property and damages, denominated as Civil Case No. 65646, filed before certification of non-forum shopping, that:
the Regional Trial Court in National Capital Region, RTC, which case was
raffled to RTC Branch 159 in Pasig City. A photocopy of said complaint is He has not commenced any other action or proceeding involving the same
hereto attached and marked as Annexex (sic) A, A-1, A-3, A-4, A-5 and A-6; issues in any court, including the Supreme Court, the Court of Appeals, or
any other Tribunal or agency." Where verification-certification was placed
B. That as basis for the instant complaint for falsification of public document, under oath and was conveniently notarized by the wife of the counsel of
I am hereto quoting verbatim, the test (sic) of Annex A-6, the verification and respondent in both cases at Branch 159 of the RTC in Pasig and at the NBI,
certification of non-forum shopping which states: an agency within the ambis (sic) and purview of the circulus (sic) of the
Supreme Court prohibiting forum shopping.
Ramon B. Pascual, Jr., under oath, depose and states:
F. That Jose Antonio Bernas, the counsel on record of the respondents in
He is the plaintiff in this case, and certify that he cause the preparation of the Civil Case No. 65646 is the same lawyer who instigated a criminal complaint
foregoing pleading, the content of which are true to his personal knowledge at the NBI for forgery and respondents themselves conspired and
and that he has not commenced any other action or proceeding involving the confabulated with each other in facilitating and insuring the open, blatant and
same issues in any court, including the Supreme Court, the Court of deliberate violation of Art. 172 of the Revised Penal Code which states:
Appeals, or any other tribunal or agency. If he should learn that a similar
action of (sic) proceeding has been filed or is pending before the Supreme Art. 172. Falsification by private individual and use of falsified documents. —
Court or any other Tribunal agency, he undertake to report to (sic) that fact The penalty of prision correccional in its medium and maximum periods and
within Five (5) days from notice to this notice (sic) to this Honorable Court. a fine of not more than P5,000 pesos shall be imposed upon:
Emphasis supplied.
1. Any private individual who shall commit any of the falsifications
C. That the cause of action relied upon by the respondent in Civil Case No. enumerated in the next preceding article in any public or official document or
65646 is fraud, facilitated by forgery as gleaned from paragraphs 15, 16, and letter of exchanged (sic) or any other kind of commercial document; and
22;
2. Any person who, to the damage of a third party, or with the intent to cause
D. That contrary to the tenor, import and meanoing (sic) of the allegation such damage, shall in any private document commit any of the acts of
under 1-B of the instant complaint, respondent and his counsel Jose Antonio falsification enumerated in the next preceding article.

74

requested the NBI to assist in the investigation or prosecution, and left it to
Any person who shall knowingly introduce in evidence in any judicial the NBI to determine whether the filing of an endorsement to the prosecutor,
proceeding or to the damage of another or who, with the intent to cause who would determine probable cause, would be appropriate. It was only
such damage, shall use any of the false documents embraced in the next upon request of the NBI that he assisted Ramon Pascual in drafting an
preceding article, or in any of the foregoing subdivisions of this article, shall affidavit-complaint for falsification of public documents against complainant.
be punished by the penalty next lower in degree. Likewise, respondent by counsel reiterates that the letter transmitted to the
NBI cannot constitute an action or proceeding because the NBI's functions
G. That Atty. Jose Antonio Bernas should be disbarred for having instigated, are merely investigatory and informational in nature. NBI has no
abetted and facilitated the perversion and subversion of truth in the said prosecutorial functions or quasi-judical powers and is incapable of granting
verification and certification of non-forum shopping. Contrary to Canon 1, relief or remedy. The NBI cannot be an agency contemplated by the circular.
Rule 1.01, 1.02, Canon 3, 3.01, Canon 10 of the Code of Professional
Responsibility for Lawyers, the pertinent provisions of which are herein The core issue to be resolved here is whether respondent Atty. Bernas
below quoted and a copy of said code is hereto attached and marked as transgressed Circular No. 28-91, Revised Circular No. 28-91, and
Annex "E"; Administrative Circular No. 04 - 94 on forum shopping.

CANON 1. A. LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY After a careful scrutiny of the records, we find the administrative complaint
THE LAWS OF THE LAND PROMOTE RESPECT FOR LAW AND LEGAL bereft of merit and should be dismissed.
PROCESSES.
There is forum-shopping whenever, as a result of an adverse opinion in one
Rule 1.01 — A lawyer shall not engage in unlawful, dishonest, immoral or forum, a party seeks a favorable opinion (other than by appeal or certiorari)
decietful (sic) conduct. in another. Therefore, a party to a case resorts to forum shopping because
"by filing another petition involving the same essential facts and
Rule 1.02 — A lawyer shall not counsel or abet activities simed (sic) at circumstances, . . . , respondents approached two different fora in order to
defiance of the law or at lessening confidence in the legal system. increase their chances of obtaining a favorable decision or action. 4 In this
case, there is no forum shopping to speak of. Atty. Bernas, as counsel of Mr.
CANON 3. A. LAWYER IN MAKING KNOWN HIS LEGAL SERVICES Pascual, Jr., merely requested the assistance of the NBI to investigate the
SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE alleged fraud and forgery committed by Mr. Jesus Cabarrus. 5 The filing of a
INFORMATION OF (sic) STATEMENT OF FACTS. civil case for reconveyance and damages before the Regional Trial Court of
Pasig City does not preclude respondent to institute a criminal action. The
Rule 3.01 — A lawyer shall not use or permit the use of any false, rule allows the filing of a civil case independently with the criminal case
fraudulent, misleading, deceptive, undignified, self-laudatory or unfair without violating the circulars on forum shopping. It is scarcely necessary to
statement or claim regarding his qualified (sic) or legal services. add that Circular No. 28-91 must be so interpreted and applied as to achieve
the purposes projected by the Supreme Court when it promulgated that
CANON 10. A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH Circular. Circular No. 28-91 was designed to serve as an instrument to
TO THE COURT. promote and facilitate the orderly administration of justice and should not be
interpreted with such absolute literalness as to subvert its own ultimate and
In his Comment, 2 respondent Jose Antonio Bernas avers that he has not legitimate objective or the goal of all rules of procedure — which is to
committed forum shopping because the criminal action is not an action that achieve substantial justice as expeditiously as possible. 6
involves the same issue as those in a civil action and both suits can exist
without constituting forum shopping so long as the civil aspect has not been Adjunct to this, Act No. 157 7, specifically section 1 hereof provides, viz:
prosecuted in the criminal case. He emphasized that forum shopping only
exists when identical reliefs are issued by the same parties in multiple fora. Sec. 1. There is hereby created a Bureau of Investigation under the
Department of Justice which shall have the following functions:
In his Supplemental Comment, 3 respondent further contends that neither he
or his client Pascual has commenced any criminal action. Pascual merely (a) To undertake investigation of crimes and other offenses against the laws

75

It undertakes investigation of crimes upon its own initiative and as public welfare may require. 157. (d) To give technical aid to all prosecuting and law-enforcement officers and entities of the Government as well as the courts that may request its Mendoza. premises considered.A. or even grant any relief. The courts. 04-94 are those vested with judicial powers or quasi-judicial powers and those who not only hear and determine controversies between adverse parties. (g) To establish and maintain an up-to-date scientific crime laboratory and to conduct researches in furtherance of scientific knowledge in criminal investigation. is on leave.. the instant complaint is hereby the benefit and use of all prosecuting and law-enforcement entities of the DISMISSED. the functions of the National Bureau of Investigations are merely investigatory and informational in nature. (e) To extend its services. upon its initiative and as public interest may require. 28-91 and Administrative Circular No. and ownership or possession of SO ORDERED. but to make 76 . It has no judicial or quasi-judicial powers and is incapable of granting any relief to a party. JJ. Explicitly. Revised Circular No. (h) To perform such other related functions as the Secretary of Justice may assign from time to time. The NBI cannot therefore be (b) To render assistance. whenever properly requested in the investigation of cases of administrative or civil nature in which the Government is interested. (f) To undertake the instruction and training of representative number of city and municipal peace officers at the request of their respective superiors along effective methods of crime investigation and detection in order to insure greater efficiency in the discharge of their duties. It is an investigative agency whose findings are merely recommendatory. Bernas sought in order to prosecute those persons responsible for defrauding his client. Regalado and Puno. (c) To act as a national clearing house of criminal and other informations for WHEREFORE. It cannot even determine probable cause. characteristics. Philippines. declaratory or otherwise. identification records of all persons without criminal convictions. all firearms as well as of test bullets fired therefrom. records of identifying marks. J. binding orders or judgments. As succinctly put it by R.of the Philippines.. the NBI is not performing judicial or quasi-judicial functions. services. action or proceeding. tribunals and agencies referred to under Circular No. 28-91. whenever properly requested in the investigation among those forums contemplated by the Circular that can entertain an or detection of crimes and other offenses. It renders assistance when requested in the investigation or detection of crimes which precisely what Atty. concur.

: First. Petitioner then filed with the CA a petition for certiorari which was dismissed Memorandum Circular 98-17.1awphi1. This power of prior review is highlighted in its Rules and June 18. Section 3 thereof. operates and manages the UHF television According to the CA. 2001 decision1 of the Court of Appeals (CA) affirming the January Regulations. vs.6 such as (1) television programs imprinted or exhibited by the Philippine Government and/or departments and agencies. the subject program was a publicity for the movie. INC.G. television program or publicity material. The penalty of suspension was based on Memorandum Circular 98-17 dated On the other hand. Petitioner GMA Network." an order of suspension against petitioner for airing "Muro Ami: The Making" did not fall under any of the exemptions and was therefore within the power without first securing a permit from it as provided in Section 7 of PD 1986. 19984 which provided for the penalties for exhibiting a public affairs program.R. hereby imposes the produced. However. by the undersigned. (2) whether Memorandum Circular No. 77 . while MTRCB had jurisdiction over the subject program. station. 148579 February 5. which reads: 7. television program or related publicity material shall be imported. exported.7 Even if that were so.is within the MTRCB’s power of review. particularly Section 7 thereof. REQUIREMENT OF PRIOR REVIEW. 2001 decision. The Administrative Code of 1987. in the now assailed June 18. Philippines Law Center three certified copies of every rule adopted by it. 98-17 was enforceable and binding DECISION on petitioner.described as a variety of news treatment. 2000 was not binding on petitioner. review and examine all motion pictures. 2007 The pivotal issues for our resolution are: GMA NETWORK. leased. period shall commence immediately upon receipt of this Order. Ami: The Making" prior to its broadcast by television and Respondent. we hold that "Muro Ami: The Making. television programs including publicity Subject of this petition for review under Rule 45 of the Rules of Court is the materials. informed MTRCB that Channel 27 had complied with the -. the BOARD.net in effect. It (which petitioner claims to be a public affairs program) was well within the also filed a letter-protest which was merely "noted" by the MTRCB thereby. our resolution of this issue program without a valid permit from the MTRCB. exhibited or broadcasted by administrative penalty of SUSPENSION FROM AIRING/BROADCASTING television without prior permit issued by the BOARD after review of the any program on EMC Channel 27 for a period of seven (7) days which motion picture. CORONA. and (2) newsreels. a cross between pure television Petitioner moved for reconsideration of the suspension order and. purview of MTRCB’s power of prior review.8 Clearly. distributed. 2000. denying both the motion for reconsideration and letter-protest. EMC Channel 27. The facts follow. Section 3 of PD 19865 empowers the MTRCB to screen.. would not change. 2000. respondent MTRCB issued "Muro Ami. particularly suspension order issued by MTRCB was affirmed in toto. J. Petitioner. (1) whether the MTRCB has the power or authority to review the show "Muro MOVIE AND TELEVISION REVIEW AND CLASSIFICATION BOARD. No." In adopting this finding.No motion picture. mentioned in Section 7. The January 7. expressly requires each agency to file with the Office of the National Administrative Register (ONAR) of the University of the Hence. 2000 order2 of respondent Movie and Television Review and Classification Board (MTRCB) which read: SECTION 7. sold. Your failure to comply with this ORDER shall be construed by the BOARD as defiance The only exemptions from the MTRCB’s power of review are those expressly on your part of a lawful order of the BOARD. "Muro Ami: The Making" suspension order by going off the air since midnight of January 11. This Court has already ruled that a public affairs program -. at the news and news-related commentaries.3 of review of MTRCB. -. copied. Inc. analysis and/or exchange of opinions same time. In view thereof. which was the basis of the suspension order. On January 7. this recourse. petitioner claims that "Muro Ami: The Making" was a December 15.

which provides for the penalties for the first.10 Hence. 2000. 2001. WHEREFORE. insofar as it affirmed the public respondent Movie and Television Review and Classification Board’s jurisdiction over "Muro Ami: The Making. Inc. 78 . petitioner was not bound by said circular and should not have been meted the sanction provided thereunder. the same is yet to be effective. pursuant to Memorandum Circular No." is hereby AFFIRMED with the MODIFICATION that the suspension order issued against petitioner GMA Network.Administrative issuances which are not published or filed with the ONAR are ineffective and may not be enforced. the instant petition is PARTIALLY GRANTED.9 Memorandum Circular No. The decision of the Court of Appeals dated June 18. second and third offenses for exhibiting programs without valid permit to exhibit. No pronouncement as to costs.11 It is thus unenforceable since it has not been filed in the ONAR. has not been registered with the ONAR as of January 27.12 Consequently. 98-17 is hereby declared null and void. SO ORDERED. 98-17.