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IN
CONSTITUTIONAL
LAW
I
practically
nullify
the
mandate
of
the
fundamental
law.
This
can
be
cataclysmic.
That
is
why
the
prevailing
view
is,
as
it
has
always
been,
that
-‐
THE
CONSTITUTION
OF
THE
PHILIPPINES
x
x
x
x
in
case
of
doubt,
the
Constitution
should
be
considered
self-‐
executing
rather
than
non-‐self-‐executing
x
x
x
x
Unless
the
contrary
is
Rules
of
Construction
of
Doubts
in
the
Constitution
clearly
intended,
the
provisions
of
the
Constitution
should
be
considered
self-‐executing,
as
a
contrary
rule
would
give
the
legislature
discretion
to
Manila
Prince
Hotel
vs.
GSIS
[G.R.
No.
122156,
February
3,
1997]
determine
when,
or
whether,
they
shall
be
effective.
These
provisions
would
be
subordinated
to
the
will
of
the
lawmaking
body,
which
could
Doctrine
of
Constitutional
Supremacy
make
them
entirely
meaningless
by
simply
refusing
to
pass
the
needed
implementing
statute.
A
constitution
is
a
system
of
fundamental
laws
for
the
governance
and
administration
of
a
nation.
It
is
supreme,
imperious,
absolute
and
unalterable
except
by
the
Francisco
vs.
House
of
Representatives
[G.R.
No.
160261,
Nov
10,
2003]
authority
from
which
it
emanates.
It
has
been
defined
as
the
fundamental
and
paramount
law
of
the
nation.
It
prescribes
the
permanent
framework
of
a
system
of
government,
To
determine
the
merits
of
the
issues
raised
in
the
instant
petitions,
this
Court
must
assigns
to
the
different
departments
their
respective
powers
and
duties,
and
establishes
necessarily
turn
to
the
Constitution
itself
which
employs
the
well-‐settled
principles
of
certain
fixed
principles
on
which
government
is
founded.
The
fundamental
conception
in
constitutional
construction.
other
words
is
that
it
is
a
supreme
law
to
which
all
other
laws
must
conform
and
in
accordance
with
which
all
private
rights
must
be
determined
and
all
public
authority
administered.
Under
the
doctrine
of
constitutional
supremacy,
if
a
law
or
contract
violates
First,
verba
legis,
that
is,
wherever
possible,
the
words
used
in
the
Constitution
must
be
any
norm
of
the
constitution
that
law
or
contract
whether
promulgated
by
the
legislative
or
given
their
ordinary
meaning
except
where
technical
terms
are
employed.
Thus,
in
J.M.
by
the
executive
branch
or
entered
into
by
private
persons
for
private
purposes
is
null
and
Tuason
&
Co.,
Inc.
v.
Land
Tenure
Administration,36
this
Court,
speaking
through
Chief
Justice
void
and
without
any
force
and
effect.
Thus,
since
the
Constitution
is
the
fundamental,
Enrique
Fernando,
declared:
paramount
and
supreme
law
of
the
nation,
it
is
deemed
written
in
every
statute
and
contract.
We
look
to
the
language
of
the
document
itself
in
our
search
for
its
meaning.
We
do
not
of
course
stop
there,
but
that
is
where
we
Concept
of
Self-‐Executing
Provisions
begin.
It
is
to
be
assumed
that
the
words
in
which
constitutional
provisions
are
couched
express
the
objective
sought
to
be
attained.
Admittedly,
some
constitutions
are
merely
declarations
of
policies
and
principles.
They
are
to
be
given
their
ordinary
meaning
except
where
technical
Their
provisions
command
the
legislature
to
enact
laws
and
carry
out
the
purposes
of
the
terms
are
employed
in
which
case
the
significance
thus
attached
to
framers
who
merely
establish
an
outline
of
government
providing
for
the
different
them
prevails.
As
the
Constitution
is
not
primarily
a
lawyer's
document,
departments
of
the
governmental
machinery
and
securing
certain
fundamental
and
it
being
essential
for
the
rule
of
law
to
obtain
that
it
should
ever
be
inalienable
rights
of
citizens.
A
provision
which
lays
down
a
general
principle,
such
as
those
present
in
the
people's
consciousness,
its
language
as
much
as
possible
found
in
Art.
II
of
the
1987
Constitution,
is
usually
not
self-‐executing.
But
a
provision
which
should
be
understood
in
the
sense
they
have
in
common
use.
What
it
is
complete
in
itself
and
becomes
operative
without
the
aid
of
supplementary
or
enabling
says
according
to
the
text
of
the
provision
to
be
construed
compels
legislation,
or
that
which
supplies
sufficient
rule
by
means
of
which
the
right
it
grants
may
acceptance
and
negates
the
power
of
the
courts
to
alter
it,
based
on
the
be
enjoyed
or
protected,
is
self-‐executing.
Thus
a
constitutional
provision
is
self-‐executing
postulate
that
the
framers
and
the
people
mean
what
they
say.
Thus
if
the
nature
and
extent
of
the
right
conferred
and
the
liability
imposed
are
fixed
by
the
these
are
the
cases
where
the
need
for
construction
is
reduced
to
a
constitution
itself,
so
that
they
can
be
determined
by
an
examination
and
construction
of
its
minimum.37
(Emphasis
and
underscoring
supplied)
terms,
and
there
is
no
language
indicating
that
the
subject
is
referred
to
the
legislature
for
action.
Second,
where
there
is
ambiguity,
ratio
legis
est
anima.
The
words
of
the
Constitution
should
be
interpreted
in
accordance
with
the
intent
of
its
framers.
And
so
did
this
Court
As
against
constitutions
of
the
past,
modern
constitutions
have
been
generally
apply
this
principle
in
Civil
Liberties
Union
v.
Executive
Secretary38
in
this
wise:
drafted
upon
a
different
principle
and
have
often
become
in
effect
extensive
codes
of
laws
intended
to
operate
directly
upon
the
people
in
a
manner
similar
to
that
of
statutory
enactments,
and
the
function
of
constitutional
conventions
has
evolved
into
one
more
like
A
foolproof
yardstick
in
constitutional
construction
is
the
intention
that
of
a
legislative
body.
Hence,
unless
it
is
expressly
provided
that
a
legislative
act
is
underlying
the
provision
under
consideration.
Thus,
it
has
been
held
necessary
to
enforce
a
constitutional
mandate,
the
presumption
now
is
that
all
provisions
of
that
the
Court
in
construing
a
Constitution
should
bear
in
mind
the
the
constitution
are
self-‐executing.
If
the
constitutional
provisions
are
treated
as
requiring
object
sought
to
be
accomplished
by
its
adoption,
and
the
evils,
if
any,
legislation
instead
of
self-‐executing,
the
legislature
would
have
the
power
to
ignore
and
sought
to
be
prevented
or
remedied.
A
doubtful
provision
will
be
1
examined
in
the
light
of
the
history
of
the
times,
and
the
condition
and
In
other
words,
the
court
must
harmonize
them,
if
practicable,
and
must
lean
in
circumstances
under
which
the
Constitution
was
framed.
The
object
is
favor
of
a
construction
which
will
render
every
word
operative,
rather
than
one
to
ascertain
the
reason
which
induced
the
framers
of
the
which
may
make
the
words
idle
and
nugatory.45
(Emphasis
supplied)
Constitution
to
enact
the
particular
provision
and
the
purpose
sought
to
be
accomplished
thereby,
in
order
to
construe
the
whole
If,
however,
the
plain
meaning
of
the
word
is
not
found
to
be
clear,
resort
to
other
aids
is
as
to
make
the
words
consonant
to
that
reason
and
calculated
to
available.
In
still
the
same
case
of
Civil
Liberties
Union
v.
Executive
Secretary,
this
Court
effect
that
purpose.39
(Emphasis
and
underscoring
supplied)
expounded:
As
it
did
in
Nitafan
v.
Commissioner
on
Internal
Revenue40
where,
speaking
through
Madame
While
it
is
permissible
in
this
jurisdiction
to
consult
the
debates
and
Justice
Amuerfina
A.
Melencio-‐Herrera,
it
declared:
proceedings
of
the
constitutional
convention
in
order
to
arrive
at
the
reason
and
purpose
of
the
resulting
Constitution,
resort
thereto
may
be
x
x
x
The
ascertainment
of
that
intent
is
but
in
keeping
with
the
had
only
when
other
guides
fail
as
said
proceedings
are
powerless
fundamental
principle
of
constitutional
construction
that
the
intent
to
vary
the
terms
of
the
Constitution
when
the
meaning
is
clear.
of
the
framers
of
the
organic
law
and
of
the
people
adopting
it
Debates
in
the
constitutional
convention
"are
of
value
as
showing
the
should
be
given
effect.
The
primary
task
in
constitutional
construction
views
of
the
individual
members,
and
as
indicating
the
reasons
for
their
is
to
ascertain
and
thereafter
assure
the
realization
of
the
purpose
of
the
votes,
but
they
give
us
no
light
as
to
the
views
of
the
large
majority
who
framers
and
of
the
people
in
the
adoption
of
the
Constitution.
It
may
did
not
talk,
much
less
of
the
mass
of
our
fellow
citizens
whose
votes
at
also
be
safely
assumed
that
the
people
in
ratifying
the
Constitution
the
polls
gave
that
instrument
the
force
of
fundamental
law.
We
think
it
were
guided
mainly
by
the
explanation
offered
by
the
framers.41
safer
to
construe
the
constitution
from
what
appears
upon
its
face."
(Emphasis
and
underscoring
supplied)
The
proper
interpretation
therefore
depends
more
on
how
it
was
understood
by
the
people
adopting
it
than
in
the
framers's
Finally,
ut
magis
valeat
quam
pereat.
The
Constitution
is
to
be
interpreted
as
a
whole.
Thus,
understanding
thereof.46
(Emphasis
and
underscoring
supplied)
in
Chiongbian
v.
De
Leon,42
this
Court,
through
Chief
Justice
Manuel
Moran
declared:
Effectivity
of
the
1987
Constitution
x
x
x
[T]he
members
of
the
Constitutional
Convention
could
not
have
dedicated
a
provision
of
our
Constitution
merely
for
the
De
Leon
vs.
Esguerra
[G.R.
No.
78059,
August
31,
1987]
benefit
of
one
person
without
considering
that
it
could
also
affect
others.
When
they
adopted
subsection
2,
they
permitted,
if
not
1987
CONSTITUTION;
DATE
OF
RATIFICATION;
RETROACTS
ON
THE
DAY
OF
THE
willed,
that
said
provision
should
function
to
the
full
extent
of
its
PLEBISCITE.
—
The
main
issue
resolved
in
the
judgment
at
bar
is
whether
the
1987
substance
and
its
terms,
not
by
itself
alone,
but
in
conjunction
with
Constitution
took
effect
on
February
2,
1987,
the
date
that
the
plebiscite
for
its
ratification
all
other
provisions
of
that
great
document.43
(Emphasis
and
was
held
or
whether
it
took
effect
on
February
11,
1987,
the
date
its
ratification
was
underscoring
supplied)
proclaimed
per
Proclamation
No.
58
of
the
President
of
the
Philippines,
Corazon
C.
Aquino.
The
thrust
of
the
dissent
is
that
the
Constitution
should
be
deemed
to
"take
effect
on
the
Likewise,
still
in
Civil
Liberties
Union
v.
Executive
Secretary,44
this
Court
affirmed
that:
date
its
ratification
shall
have
been
ascertained
and
not
at
the
time
the
people
cast
their
votes
to
approve
or
reject
it."
This
view
was
actually
proposed
at
the
Constitutional
It
is
a
well-‐established
rule
in
constitutional
construction
that
no
Commission
deliberations,
but
was
withdrawn
by
its
proponent
in
the
face
of
the
one
provision
of
the
Constitution
is
to
be
separated
from
all
the
"overwhelming"
contrary
view
that
the
Constitution
"will
be
effective
on
the
very
day
of
the
others,
to
be
considered
alone,
but
that
all
the
provisions
bearing
plebiscite."
The
record
of
the
proceedings
and
debates
of
the
Constitutional
Commission
upon
a
particular
subject
are
to
be
brought
into
view
and
to
be
so
fully
supports
the
Court's
judgment.
It
shows
that
the
clear,
unequivocal
and
express
intent
interpreted
as
to
effectuate
the
great
purposes
of
the
instrument.
of
the
Constitutional
Commission
in
unanimously
approving
(by
thirty-‐five
votes
in
favor
Sections
bearing
on
a
particular
subject
should
be
considered
and
and
none
against)
the
aforequoted
Section
27
of
Transitory
Article
XVIII
of
the
1987
interpreted
together
as
to
effectuate
the
whole
purpose
of
the
Constitution
was
that
"the
act
of
ratification
is
the
act
of
voting
by
the
people.
So
that
is
the
Constitution
and
one
section
is
not
to
be
allowed
to
defeat
another,
date
of
the
ratification"
and
that
"the
canvass
thereafter
[of
the
votes]
is
merely
the
if
by
any
reasonable
construction,
the
two
can
be
made
to
stand
mathematical
confirmation
of
what
was
done
during
the
date
of
the
plebiscite
and
the
together.
proclamation
of
the
President
is
merely
the
official
confirmatory
declaration
of
an
act
which
was
actually
done
by
the
Filipino
people
in
adopting
the
Constitution
when
they
cast
their
votes
on
the
date
of
the
plebiscite."
2
The
Court
next
holds
as
a
consequence
of
its
declaration
at
bar
that
the
Constitution
took
—
and
none
has
been
brought
to
our
attention
—
supporting
the
conclusion
drawn
by
the
effect
on
the
date
of
its
ratification
in
the
plebiscite
held
on
February
2,
1987,
that:
(1)
the
amicus
curiae.
In
fact,
the
term
"or"
has,
oftentimes,
been
held
to
mean
"and,"
or
vice-‐versa,
Provisional
Constitution
promulgated
on
March
25,
1986
must
be
deemed
to
have
been
when
the
spirit
or
context
of
the
law
warrants
it.
superseded
by
the
1987
Constitution
on
the
same
date
February
2,
1987
and
(2)
by
and
after
said
date,
February
2,
1987,
absent
any
saying
clause
to
the
contrary
in
the
Transitory
It
is,
also,
noteworthy
that
R.B.H.
Nos.
1
and
3
propose
amendments
to
the
constitutional
Article
of
the
Constitution,
respondent
OIC
Governor
could
no
longer
exercise
the
power
to
provisions
on
Congress,
to
be
submitted
to
the
people
for
ratification
on
November
14,
replace
petitioners
in
their
positions
as
Barangay
Captain
and
Councilmen.
Hence,
the
1967,
whereas
R.B.H.
No.
2
calls
for
a
convention
in
1971,
to
consider
proposals
for
attempted
replacement
of
petitioners
by
respondent
OIC
Governor's
designation
on
amendment
to
the
Constitution,
in
general.
In
other
words,
the
subject-‐
matter
of
R.B.H.
No.
February
8,
1987
of
their
successors
could
no
longer
produce
any
legal
force
and
effect.
2
is
different
from
that
of
R.B.H.
Nos.
1
and
3.
Moreover,
the
amendments
proposed
under
While
the
Provisional
Constitution
provided
for
a
one-‐year
period
expiring
on
March
25,
R.B.H.
Nos.
1
and
3,
will
be
submitted
for
ratification
several
years
before
those
that
may
be
1987
within
which
the
power
of
replacement
could
be
exercised,
this
period
was
shortened
proposed
by
the
constitutional
convention
called
in
R.B.H.
No.
2.
Again,
although
the
three
by
the
ratification
and
effectivity
on
February
2,
1987
of
the
Constitution.
Had
the
intention
(3)
resolutions
were
passed
on
the
same
date,
they
were
taken
up
and
put
to
a
vote
of
the
framers
of
the
Constitution
been
otherwise,
they
would
have
so
provided
for
in
the
separately,
or
one
after
the
other.
In
other
words,
they
were
not
passed
at
the
same
time.
Transitory
Article,
as
indeed
they
provided
for
multifarious
transitory
provisions
in
twenty
six
sections
of
Article
XVIII,
e.g.
extension
of
the
six-‐year
term
of
the
incumbent
President
In
any
event,
we
do
not
find,
either
in
the
Constitution,
or
in
the
history
thereof,
anything
and
Vice-‐President
to
noon
of
June
30,
1992
for
purposes
of
synchronization
of
elections,
that
would
negate
the
contested
of
different
Congresses
to
approve
the
contested
the
continued
exercise
of
legislative
powers
by
the
incumbent
President
until
the
convening
Resolutions,
or
of
the
same
Congress
to
pass
the
same
in
different
sessions
or
different
days
of
the
first
Congress,
etc.
of
the
same
congressional
session.
And,
neither
has
any
plausible
reason
been
advanced
to
justify
the
denial
of
authority
to
adopt
said
resolutions
on
the
same
day.
The
Power
to
Amend
the
Constitution
is
not
included
in
the
General
Legislative
Power
Counsel
ask:
Since
Congress
has
decided
to
call
a
constitutional
convention
to
propose
Gonzales
vs.
COMELEC
[G.R.
No.
L-‐28196,
November
9,
1967]
amendments,
why
not
let
the
whole
thing
be
submitted
to
said
convention,
instead
of,
likewise,
proposing
some
specific
amendments,
to
be
submitted
for
ratification
before
said
NATURE
OF
POWER
TO
AMEND
THE
CONSTITUTION.
—
The
power
to
amend
the
convention
is
held?
The
force
of
this
argument
must
be
conceded,
but
the
same
impugns
the
Constitution
or
to
propose,
amendments
thereto
is
not
included
in
the
general
grant
of
wisdom
of
the
action
taken
by
Congress,
not
its
authority
to
take
it.
One
seeming
purpose
legislative
powers
to
Congress
(Sec.
1,
Art,
VI,
Const.)
It
is
part
of
the
inherent
powers
of
the
thereof
is
to
permit
Members
of
Congress
to
run
for
election
as
delegates
to
the
people
-‐
as
the
repository
of
sovereignty
in
a
republican
state,
such
as
ours
(Sec.
1,
Art.
II,
constitutional
convention
and
participate
in
the
proceedings
therein,
without
forfeiting
Const.)
—
to
make
and
hence,
to
amend
their
own
Fundamental
Law.
Congress
may
their
seats
in
Congress.
Whether
or
nothing
should
be
done
is
a
political
question,
not
propose
amendments
to
the
Constitution
merely
because
the
same
explicitly
grants
such
subject
to
review
by
the
courts
of
justice.
power
(Sec.
1,
Art.
XV,
Const.).
Hence,
when
exercising
the
same,
it
is
said
that
Senators
and
Members
of
the
House
of
Representatives
act,
not
as
members
of
Congress,
but
as
RATIFICATION
OF
THE
CONSTITUTION
MAY
BE
HELD
SIMULTANEOUSLY
IN
A
GENERAL
component
elements
of
a
constituent
assembly.
When
acting
as
such,
the
members
of
ELECTION.
There
is
in
this
provision
nothing
to
indicate
that
the
"election"
therein
referred
Congress
derive
their
authority
from
the
Constitution,
unlike
the
people,
when
performing
to
is
a
"special,"
not
a
general
election.
The
circumstance
that
three
previous
amendments
the
same
function,
for
their
authority
does
not
emanate
from
the
Constitution
-‐
they
are
the
to
the
Constitution
had
been
submitted
to
the
people
for
ratification
in
special
elections
very
source
of
all
powers
of
government,
including
the
Constitution
itself.
merely
shows
that
Congress
deemed
it
best
to
do
so
under
the
circumstances
then
obtaining.
It
does
not
negate
its
authority
to
submit
proposed
amendments
for
ratification
POWER
OF
THE
COURT
TO
REVIEW
THE
EXERCISE
OF
THIS
POWER
BY
THE
CONGRESS.
In
in
general
elections.
short,
the
issue
whether
or
not
a
Resolution
of
Congress
—
acting
as
a
constituent
assembly
—
violates
the
Constitution,
is
essentially
justiciable,
not
political,
and,
hence,
subject
to
It
would
be
better,
from
the
viewpoint
of
a
thorough
discussion
of
the
proposed
judicial
review,
and,
to
the
extent
that
this
view
may
be
inconsistent
with
the
stand
taken
in
amendments,
that
the
same
be
submitted
to
the
people's
approval
independently
of
the
Mabanag
vs.
Lopez
Vito,
the
latter
should
be
deemed
modified
accordingly.
The
Members
election
of
public
officials.
And
there
is
no
denying
the
fact
that
an
adequate
appraisal
of
the
of
the
Court
are
unanimous
on
this
point.
merits
and
demerits
of
proposed
amendments
is
likely
to
be
overshadowed
by
the
great
attention
usually
commanded
by
the
choice
of
personalities
involved
in
general
elections,
THE
CONGRESS,
ACTING
AS
A
CONSTITUENT
ASSEMBLY
MAY
DIRECTLY
PROPOSE
particularly
when
provincial
and
municipal
officials
are
to
be
chosen.
But,
then,
these
AMENDMENTS
TO
THE
CONSTITUTION,
AND
SIMULTANEOUSLY
CALL
A
CONSITUTIONAL
considerations
are
addressed
to
the
wisdom
of
holding
a
plebiscite
simultaneously
with
the
CONVENTION
TO
PROPOSE
THE
NEEDED
AMMENDMENTS.
Atty.
Juan
T.
David,
as
amicus
election
of
public
officers.
They
do
not
deny
the
authority
of
Congress
to
choose
either
curiae
maintains
that
Congress
may
either
propose
amendments
to
the
Constitution
or
call
alternative,
as
implied
in
the
term
"election"
used,
without
qualification,
in
the
above-‐
a
convention
for
that
purpose,
but
it
cannot
do
both,
at
the
same
time.
This
theory
is
based
quoted
provision
of
the
Constitution.
Such
authority
becomes
even
more
patent
when
we
upon
the
fact
that
the
two
(2)
alternatives
are
connected
in
the
Constitution
by
the
consider:
(1)
that
the
term
"election,"
normally
refers
to
the
choice
or
selection
of
disjunctive
"or."
Such
basis
is,
however,
a
weak
one,
in
the
absence
of
other
circumstances
3
candidates
to
public
office
by
popular
vote;
and
(2)
that
the
word
used
in
Article
V
of
the
amending,
like
all
other
powers
organized
in
the
Constitution,
is
in
form
a
delegated
and
Constitution
concerning
the
grant
of
suffrage
to
women
is,
not
"election,"
but
"plebiscite."
hence
a
limited
power,
so
that
the
Supreme
Court
is
vested
with
that
authority
to
determine
whether
that
power
has
been
discharged
within
its
limits.
Petitioners
maintain
that
the
term
"election,"
as
used
in
Section
1
of
Art.
XV
of
the
Constitution,
should
be
construed
as
meaning
a
special
election
Some
members
of
the
Court
Political
questions
are
neatly
associated
with
the
wisdom,
not
the
legality
of
a
particular
act.
even
feel
that
said
term
("election")
refers
to
a
"plebiscite,"
without
any
"election,"
general
Where
the
vortex
of
the
controversy
refers
to
the
legality
or
validity
of
the
contested
act,
or
special,
of
public
officers.
They
opine
that
constitutional
amendments
are,
in
general,
if
that
matter
is
definitely
justiciable
or
non-‐political.
What
is
in
the
heels
of
the
Court
is
not
not
always,
of
such
importance,
if
not
transcendental
and
vital
nature
as
to
demand
that
the
the
wisdom
of
the
act
of
the
incumbent
President
in
proposing
amendments
to
the
attention
of
the
people
be
focused
exclusively
on
the
subject-‐matter
thereof,
so
that
their
Constitution,
but
his
constitutional
authority
to
perform
such
act
or
to
assume
the
power
of
votes
thereon
may
reflect
no
more
than
their
intelligent,
impartial
and
considered
view
on
a
constituent
assembly.
Whether
the
amending
process
confers
on
the
President
that
power
the
merits
of
the
proposed
amendments,
unimpaired,
or,
at
least,
undiluted
by
extraneous,
to
propose
amendments
is
therefore
a
downright
justiciable
question.
Should
the
contrary
if
not
insidious
factors,
let
alone
the
partisan
political
considerations
that
are
likely
to
affect
be
found,
the
actuation
of
the
President
would
merely
he
a
brutum
fulmen.
If
the
the
selection
of
elective
officials.
Constitution
provides
how
it
may
be
amended,
the
judiciary
as
the
interpreter
of
that
Constitution,
can
declare
whether
the
procedure
followed
or
the
authority
assumed
was
This,
certainly,
is
a
situation
to
be
hoped
for.
It
is
a
goal
the
attainment
of
which
should
be
valid
or
not.
promoted.
The
ideal
conditions,
are,
however,
one
thing.
The
question
whether
the
Constitution
forbids
the
submission
of
proposals
for
amendment
to
the
people
except
under
We
cannot
accept
the
view
of
the
Solicitor
General,
in
pursuing
his
theory
of
non-‐
such
conditions,
is
another
thing.
Much
as
the
writer
and
those
who
concur
in
this
opinion
justiciability,
that
the
question
of
the
President's
authority
to
propose
amendments
and
the
admire
the
contrary
view,
they
find
themselves
unable
to
subscribe
thereto
without,
in
regularity
of
the
procedure
adopted
for
submission
of
the
proposals
to
the
people
effect,
reading
into
the
Constitution
what
they
believe
is
not
written
thereon
and
can
not
ultimately
lie
in
the
judgment
of
the
latter.
A
clear
Descartes
fallacy
of
vicious
circle.
Is
it
not
fairly
be
deduced
from
the
letter
thereof,
since
the
spirit
of
the
law
should
not
be
a
matter
of
that
the
people
themselves,
by
their
sovereign
act,
provided
for
the
authority
and
procedure
sheer
speculation.
for
the
amending
process
when
they
ratified
the
present
Constitution
in
1973?
Whether,
therefore,
that
constitutional
provision
has
been
followed
or
not
is
indisputably
a
proper
Sanidad
vs.
COMELEC
[G.R.
No.
L-‐44640,
October
12,
1976]
subject
of
inquiry,
not
by
the
people
themselves
—
of
course
—
who
exercise
no
power
of
judicial
review,
but
by
the
Supreme
Court
in
whom
the
people
themselves
vested
that
THE
POWER
TO
PROPOSE
AMENDMENTS
TO
THE
CONSTITUTION
IS
A
PURELY
power,
a
power
which
includes
the
competence
to
determine
whether
the
constitutional
JUSTICEABLE
CONTROVERSY.
-‐
The
Solicitor
General
would
consider
the
question
at
bar
as
norms
for
amendments
have
been
observed
or
not.
And,
this
inquiry
must
be
done
a
priori
a
pure
political
one,
lying
outside
the
domain
of
judicial
review.
We
disagree.
The
amending
not
a
posteriori,
i.e.,
before
the
submission
to
and
ratification
by
the
people
process
both
as
to
proposal
and
ratification,
raises
a
judicial
question.
This
is
especially
true
in
cases
where
the
power
of
the
Presidency
to
initiate
the
amending
process
by
SINCE
THE
PRESIDENT,
UNDER
THE
1973
CONSTITUTION,
MAY
EXERCISE
LEGISLATIVE
proposals
of
amendments,
a
function
normally
exercised
by
the
legislature,
is
seriously
POWER,
HE
MAY
LIKEWISE
THEREFORE,
PROPOSE
AMENDMENTS
TO
THE
doubted.
Under
the
terms
of
the
1973
Constitution,
the
power
to
propose
amendments
to
CONSTITUTION.
-‐
As
earlier
pointed
out,
the
power
to
legislate
is
constitutionally
consigned
the
Constitution
resides
in
the
interim
National
Assembly
during
the
period
of
transition
to
the
interim
National
Assembly
during
the
transition
period.
However,
the
initial
(Sec.
15,
Transitory
Provisions).
After
that
period,
and
the
regular
National
Assembly
in
its
convening
of
that
Assembly
is
a
matter
fully
addressed
to
the
judgment
of
the
incumbent
active
session,
the
power
to
propose
amendments
becomes
ipso
facto
the
prerogative
of
the
President.
And,
in
the
exercise
of
that
judgment,
the
President
opted
to
defer
convening
of
regular
National
Assembly
(Sec.
1,
pars.
1
and
2
of
Art.
XVI,
1973
Constitution).
The
normal
that
body
in
utter
recognition
of
the
people's
preference.
Likewise,
in
the
period
of
course
has
not
been
followed.
Rather
than
calling
the
interim
National
Assembly
to
transition,
the
power
to
propose
amendments
to
the
Constitution
lies
in
the
interim
constitute
itself
into
a
constituent
assembly,
the
incumbent
President
undertook
the
National
Assembly
upon
special
call
by
the
President
(Sec.
15
of
the
Transitory
Provisions).
proposal
of
amendments
and
submitted
the
proposed
amendments
thru
Presidential
Again,
harking
to
the
dictates
of
the
sovereign
will,
the
President
decided
not
to
call
the
Decree
1033
to
the
people
in
a
Referendum-‐Plebiscite
on
October
16.
Unavoidably,
the
interim
National
Assembly.
Would
it
then
be
within
the
bounds
of
the
Constitution
and
of
regularity
of
the
procedure
for
amendments,
written
in
lambent
words
in
the
very
law
for
the
President
to
assume
that
constituent
power
of
the
interim
Assembly
vis-‐a-‐vis
his
Constitution
sought
to
be
amended,
raises
a
contestable
issue.
The
implementing
assumption
of
that
body's
legislative
functions?
The
answer
is
yes.
If
the
President
has
been
Presidential
Decree
Nos.
991,
1031,
and
1033,
which
commonly
purport
to
have
the
force
legitimately
discharging
the
legislative
functions
of
the
interim
Assembly,
there
is
no
reason
and
effect
of
legislation
are
assailed
as
invalid,
thus
the
issue
of
the
validity
of
said
Decrees
why
he
cannot
validly
discharge
the
function
of
that
Assembly
to
propose
amendments
to
is
plainly
a
justiciable
one,
within
the
competence
of
this
Court
to
pass
upon.
Section
2
(2)
the
Constitution,
which
is
but
adjunct,
although
peculiar,
to
its
gross
legislative
power.
This,
Article
X
of
the
new
Constitution
provides:
"All
cases
involving
the
constitutionality
of
a
of
course,
is
not
to
say
that
the
President
has
converted
his
office
into
a
constituent
treaty,
executive
agreement,
or
law
shall
be
heard
and
decided
by
the
Supreme
Court
en
assembly
of
that
nature
normally
constituted
by
the
legislature.
Rather,
with
the
interim
banc
and
no
treaty,
executive
agreement,
or
law
may
be
declared
unconstitutional
without
National
Assembly
not
convened
and
only
the
Presidency
and
the
Supreme
Court
in
the
concurrence
of
at
least
ten
Members.
.
.
.."
The
Supreme
Court
has
the
last
word
in
the
operation,
the
urges
of
absolute
necessity
render
it
imperative
upon
the
President
to
act
as
construction
not
only
of
treaties
and
statutes,
but
also
of
the
Constitution
itself.
The
agent
for
and
in
behalf
of
the
people
to
propose
amendments
to
the
Constitution.
4
Parenthetically,
by
its
very
constitution,
the
Supreme
Court
possesses
no
capacity
to
necessary
implication
withdrawn
or
removed
by
the
Constitution
from
the
ambit
propose
amendments
without
constitutional
infractions.
For
the
President
to
shy
away
of
legislative
action.
And
as
long
as
such
statutory
details
do
not
clash
with
any
from
that
actuality
and
decline
to
undertake
the
amending
process
would
leave
the
specific
provision
of
the
Constitution,
they
are
valid.
governmental
machinery
at
a
stalemate
or
create
in
the
powers
of
the
State
a
destructive
vacuum,
thereby
impeding
the
objective
of
a
crisis
government
"to
end
the
crisis
and
4.
Consequently,
when
Congress,
acting
as
a
Constituent
Assembly,
omits
to
provide
restore
normal
times."
In
these
parlous
times,
that
Presidential
initiative
to
reduce
into
for
such
implementing
details
after
calling
a
constitutional
convention,
Congress,
concrete
forms
the
constant
voices
of
the
people
reigns
supreme.
After
all,
constituent
acting
as
a
legislative
body,
can
enact
the
necessary
implementing
legislation
to
fill
assemblies
or
constitutional
conventions,
like
the
President
now,
are
mere
agents
of
the
in
the
gaps,
which
authority
is
expressly
recognized
in
Sec.
8
of
Res.
No.
2
as
people.
amended
by
Res.
No.
4.
Imbong
vs.
Ferrer,
COMELEC
[G.R.
No.
L-‐32432,
September
11,
1970]
5.
The
fact
that
a
bill
providing
for
such
implementing
details
may
be
vetoed
by
the
President
is
no
argument
against
conceding
such
power
in
Congress
as
a
THE
CONGRESS,
ACTING
AS
A
CONSTITUENT
ASSEMBLY,
MAY
PROPOSE
AMENDMENTS
legislative
body
nor
present
any
difficulty;
for
it
is
not
irremediable
as
Congress
TO
THE
CONSTITUTION,
AND
EXERCISING
ITS
GENERAL
LEGISLATIVE
POWER,
PROVIDE
can
override
the
Presidential
veto
or
Congress
can
reconvene
as
a
Constituent
FOR
THE
DETAILS
OF
THE
CONSTITUTIONAL
CONVENTION.
—
The
constitutionality
of
the
Assembly
and
adopt
a
resolution
prescribing
the
required
implementing
details.
enactment
of
R.A.
6132
by
Congress
must
be
upheld
for
the
following
reasons:
1)
Congress,
acting
as
Constituent
Assembly
pursuant
to
Article
XV
of
the
Constitution,
has
authority
to
Occena
vs.
COMELEC
[G.R.
No.
56350,
April
2,
1981]
propose
constitutional
amendments
or
call
a
convention
for
the
purpose
by
3/4
votes
of
each
house
in
joint
session
assembled
but
voting
separately;
2)
Such
grant
includes
all
other
TO
APPROVE
PROPOSALS
TO
AMEND
THE
CONSTITUTION,
THE
CONSTITUTIONAL
powers
essential
to
the
effective
exercise
of
the
principal
power
by
necessary
implication;
CONVENTION
ONLY
NEEDS
MAJORITY
VOTE,
SUBJECT
TO
THE
RATIFICATION
BY
THE
3)
Implementing
details
are
within
the
authority
of
Congress
not
only
as
a
Constituent
PEOPLE.
-‐
The
Interim
Batasang
Pambansa,
sitting
as
a
constituent
body,
can
propose
Assembly
but
also
in
the
exercise
of
its
comprehensive
legislative
power
so
long
as
it
does
amendments.
In
that
capacity,
only
a
majority
vote
is
needed.
It
would
be
an
indefensible
not
contravene
any
provision
of
the
Constitution;
and
4)
Congress
as
a
legislative
body
may
proposition
to
assert
that
the
three-‐fourth
votes
required
when
it
sits
as
a
legislative
body
thus
enact
necessary
implementing
legislation
to
fill
in
the
gaps
which
Congress
as
a
applies
as
well
when
it
has
been
convened
as
the
agency
through
which
amendments
could
Constituent
Assembly
omitted.
be
proposed.
That
is
not
a
requirement
as
far
as
constitutional
convention
is
concerned.
It
is
not
a
requirement
either
when,
as
in
this
case,
the
Interim
Batasang
Pambansa
exercises
its
1.
Congress,
when
acting
as
a
Constituent
Assembly
pursuant
to
Art.
XV
of
the
constituent
power
to
propose
amendments.
Constitution,
has
full
and
plenary
authority
to
propose
Constitutional
amendments
or
to
call
a
convention
for
the
purpose,
by
a
three-‐fourths
vote
of
AMNEDMENT
INCLUDES
REVISION
-‐
Petitioners
would
urge
upon
us
the
proposition
that
each
House
in
joint
session
assembled
but
voting
separately.
Resolutions
Nos.
2
the
amendments
proposed
are
so
extensive
in
character
that
they
go
far
beyond
the
limits
and
4
calling
for
a
constitutional
convention
were
passed
by
the
required
three-‐ of
the
authority
conferred
on
the
Interim
Batasang
Pambansa
as
successor
of
the
Interim
fourths
vote.
National
Assembly.
For
them,
what
was
done
was
to
revise
and
not
to
amend.
It
suffices
to
quote
from
the
opinion
of
Justice
Makasiar,
speaking
for
the
Court,
in
Del
Rosario
v.
2.
The
grant
to
Congress
as
a
Constituent
Assembly
of
such
plenary
authority
to
call
a
Commission
on
Elections
to
dispose
of
this
contention.
Thus:
"3.
And
whether
the
constitutional
convention
includes,
by
virtue
of
the
doctrine
of
necessary
Constitutional
Convention
will
only
propose
amendments
to
the
Constitution
or
entirely
implication,
all
other
powers
essential
to
the
effective
exercise
of
the
principal
overhaul
the
present
Constitution
and
propose
an
entirely
new
Constitution
based
on
an
power
granted,
such
as
the
power
to
fix
the
qualifications,
number,
ideology
foreign
to
the
democratic
system,
is
of
no
moment;
because
the
same
will
be
apportionment,
and
compensation
of
the
delegates
as
well
as
appropriation
of
submitted
to
the
people
for
ratification.
Once
ratified
by
the
sovereign
people,
there
can
be
funds
to
meet
the
expenses
for
the
election
of
delegates
and
for
the
operation
of
no
debate
about
the
validity
of
the
new
Constitution.
4.
The
fact
that
the
present
the
Constitutional
Convention
itself,
as
well
as
all
other
implementing
details
Constitution
may
be
revised
and
replaced
with
a
new
one
.
.
.
is
no
argument
against
the
indispensable
to
a
fruitful
convention.
Resolutions
Nos.
2
and
4
already
embody
validity
of
the
law
because
'amendment'
includes
the
'revision'
or
total
overhaul
of
the
the
above-‐mentioned
details,
except
the
appropriation
of
funds.
entire
Constitution.
At
any
rate,
whether
the
Constitution
is
merely
amended
in
part
or
revised
or
totally
changed
would
become
immaterial
the
moment
the
same
is
ratified
by
the
3.
While
the
authority
to
call
a
constitutional
convention
is
vested
by
the
present
sovereign
people."
There
is
here
the
adoption
of
the
principle
so
well-‐known
in
American
Constitution
solely
and
exclusively
in
Congress
acting
as
a
Constituent
Assembly,
decisions
as
well
as
legal
texts
that
a
constituent
body
can
propose
anything
but
the
power
to
enact
the
implementing
details,
which
are
now
contained
in
conclude
nothing.
We
are
not
disposed
to
deviate
from
such
a
principle
not
only
sound
in
Resolutions
Nos.
2
and
4
as
well
as
in
R.A.
No.
6132,
does
not
exclusively
pertain
theory
but
also
advantageous
in
practice.
to
Congress
acting
as
a
Constituent
Assembly.
Such
implementing
details
are
matters
within
the
competence
of
Congress
in
the
exercise
of
its
comprehensive
Tolentino
vs.
COMELEC
[G.R.
No.
L-‐34150,
October
16,
1971]
legislative
power,
which
power
encompasses
all
matters
not
expressly
or
by
5
PROPOSED
AMENDMENTS
TO
THE
CONSTITUTION
MUST
BE
SUBMITTED
TO
THE
PEOPLE
FOR
RATIFICATION
IN
ONE
ELECTION,
PIECE-‐MEAL
RATIFICATION
IS
NOT
ALLOWED.
-‐
This
cannot
happen
in
the
case
of
the
amendment
in
question.
Prescinding
already
from
the
The
ultimate
question,
therefore,
boils
down
to
this:
Is
there
any
limitation
or
condition
in
fact
that
under
Section
3
of
the
questioned
resolution,
it
is
evident
that
no
fixed
frame
of
Section
1
of
Article
XV
of
the
Constitution
which
is
violated
by
the
act
of
the
Convention
of
reference
is
provided
the
voter,
as
to
what
finally
will
be
concomitant
qualifications
that
calling
for
a
plebiscite
on
the
sole
amendment
contained
in
Organic
Resolution
No.
1?
The
will
be
required
by
the
final
draft
of
the
constitution
to
be
formulated
by
the
Convention
of
Court
holds
that
there
is,
and
it
is
the
condition
and
limitation
that
all
the
amendments
to
be
a
voter
to
be
able
to
enjoy
the
right
of
suffrage,
there
are
other
considerations
which
make
proposed
by
the
same
Convention
must
be
submitted
to
the
people
in
a
single
"election"
or
it
impossible
to
vote
intelligently
on
the
proposed
amendment,
although
it
may
already
be
plebiscite.
It
being
indisputable
that
the
amendment
now
proposed
to
be
submitted
to
a
observed
that
under
Section
3,
if
a
voter
would
favor
the
reduction
of
the
voting
age
to
plebiscite
is
only
the
first
amendment
the
Convention
will
propose
We
hold
that
the
eighteen
under
conditions
he
feels
are
needed
under
the
circumstances,
and
he
does
not
see
plebiscite
being
called
for
the
purpose
of
submitting
the
same
for
ratification
of
the
people
those
conditions
in
the
ballot
nor
is
there
any
possible
indication
whether
they
will
ever
be
on
November
8,
1971
is
not
authorized
by
Section
1
of
Article
XV
of
the
Constitution,
hence
or
not,
because
Congress
has
reserved
those
for
future
action,
what
kind
of
judgment
can
he
all
acts
of
the
Convention
and
the
respondent
Comelec
in
that
direction
are
null
and
void.
render
on
the
proposal?
We
have
arrived
at
this
conclusion
for
the
following
reasons:
But
the
situation
actually
before
Us
is
even
worse.
No
one
knows
what
changes
in
the
fundamental
principles
of
the
constitution
the
Convention
will
be
minded
to
approve.
To
be
1.
The
language
of
the
constitutional
provision
aforequoted
is
sufficiently
clear.
It
more
specific,
we
do
not
have
any
means
of
foreseeing
whether
the
right
to
vote
would
be
says
distinctly
that
either
Congress
sitting
as
a
constituent
assembly
or
a
of
any
significant
value
at
all.
Who
can
say
whether
or
not
later
on
the
Convention
may
convention
called
for
the
purpose
"may
propose
amendments
to
this
Constitution,
decide
to
provide
for
varying
types
of
voters
for
each
level
of
the
political
units
it
may
"thus
placing
no
limit
as
to
the
number
of
amendments
that
Congress
or
the
divide
the
country
into.
The
root
of
the
difficulty
in
other
words,
lies
in
that
the
Convention
Convention
may
propose.
The
same
provision
also
as
definitely
provides
that
is
precisely
on
the
verge
of
introducing
substantial
changes,
if
not
radical
ones,
in
almost
"such
amendments
shall
be
valid
as
part
of
this
Constitution
when
approved
by
a
every
part
and
aspect
of
the
existing
social
and
political
order
enshrined
in
the
present
majority
of
the
votes
cast
at
an
election
at
which
the
amendments
are
submitted
to
Constitution.
How
can
a
voter
in
the
proposed
plebiscite
intelligently
determine
the
effect
of
the
people
for
their
ratification,"
thus
leaving
no
room
for
doubt
as
to
how
many
the
reduction
of
the
voting
age
upon
the
different
institutions
which
the
Convention
may
"elections"
or
plebiscites
may
be
held
to
ratify
any
amendment
or
amendments
establish
and
of
which
presently
he
is
not
given
any
idea?
proposed
by
the
same
constituent
assembly
of
Congress
or
convention,
and
the
provision
unequivocably
says
"an
election"
which
means
only
one.
We
are
certain
no
one
can
deny
that
in
order
that
a
plebiscite
for
the
ratification
of
an
amendment
to
the
Constitution
may
be
validly
held,
it
must
provide
the
voter
not
only
2.
Very
little
reflection
is
needed
for
anyone
to
realize
the
wisdom
and
sufficient
time
but
ample
basis
for
an
intelligent
appraisal
of
the
nature
of
the
amendment
appropriateness
of
this
provision.
As
already
stated,
amending
the
Constitution
is
per
se
as
well
as
its
relation
to
the
other
parts
of
the
Constitution
with
which
it
has
to
form
a
as
serious
and
important
an
undertaking
as
constitution
making
itself.
Indeed,
any
harmonious
whole.
In
the
context
of
the
present
state
of
things,
where
the
Convention
has
amendment
of
the
Constitution
is
as
important
as
the
whole
of
it,
if
only
because
hardly
started
considering
the
merits
of
hundreds,
if
not
thousands,
of
proposals
to
amend
the
Constitution
has
to
be
an
integrated
and
harmonious
instrument,
if
it
is
to
be
the
existing
Constitution,
to
present
to
the
people
any
single
proposal
or
a
few
of
them
viable
as
the
framework
of
the
government
it
establishes,
on
the
one
hand,
and
cannot
comply
with
this
requirement.
We
are
of
the
opinion
that
the
present
Constitution
adequately
formidable
and
reliable
as
the
succinct
but
comprehensive
articulation
does
not
contemplate
in
Section
1
of
Article
XV
a
plebiscite
or
"election"
wherein
the
people
of
the
rights,
liberties,
ideology,
social
ideals,
and
national
and
nationalistic
are
in
the
dark
as
to
frame
of
reference
they
can
base
their
judgment
on.
We
reject
the
policies
and
aspirations
of
the
people,
on
the
other.
It
is
inconceivable
how
a
rationalization
that
the
present
Constitution
is
a
possible
frame
of
reference,
for
the
simple
constitution
worthy
of
any
country
or
people
can
have
any
part
which
is
out
of
reason
that
intervenors
themselves
are
stating
that
the
sole
purpose
of
the
proposed
tune
with
its
other
parts.
amendment
is
to
enable
the
eighteen
year
olds
to
take
part
in
the
election
for
the
ratification
of
the
Constitution
to
be
drafted
by
the
Convention.
In
brief,
under
the
proposed
A
constitution
is
the
work
of
the
people
thru
its
drafters
assembled
by
them
for
the
plebiscite,
there
can
be,
in
the
language
of
Justice
Sanchez,
speaking
for
the
six
members
of
purpose.
Once
the
original
constitution
is
approved,
the
part
that
the
people
play
in
its
the
Court
in
Gonzales,
supra,
"no
proper
submission".
amendment
becomes
harder,
for
when
a
whole
constitution
is
submitted
to
them,
more
or
less
they
can
assume
its
harmony
as
an
integrated
whole,
and
they
can
either
accept
or
reject
it
in
its
entirety.
At
the
very
least,
they
can
examine
it
before
casting
their
vote
and
Santiago
vs.
COMELEC
[G.R.
No.
127325,
March
19,
1997]
determine
for
themselves
from
a
study
of
the
whole
document
the
merits
and
demerits
of
all
or
any
of
its
parts
and
of
the
document
as
a
whole.
And
so
also,
when
an
amendment
is
PROVISION
ON
THE
RIGHT
OF
THE
PEOPLE
TO
DIRECTLY
PROPOSE
AMENDMENTS
TO
submitted
to
them
that
is
to
form
part
of
the
existing
constitution,
in
like
fashion
they
can
THE
CONSTITUTION,
NOT
SELF-‐EXECUTORY.
—
Section
2
of
Article
XVII
of
the
Constitution
study
with
deliberation
the
proposed
amendment
in
relation
to
the
whole
existing
is
not
self-‐executory.
In
his
book,
Joaquin
Bernas,
a
member
of
the
1986
Constitutional
constitution
and
or
any
of
its
parts
and
thereby
arrive
at
an
intelligent
judgment
as
to
its
Commission,
stated:
Without
implementing
legislation
Section
2
cannot
operate.
Thus,
acceptability.
although
this
mode
of
amending
the
Constitution
is
a
mode
of
amendment
which
bypasses
6
congressional
action,
in
the
last
analysis
it
still
is
dependent
on
congressional
action.
(2)
Delegation
of
emergency
powers
to
the
President
under
Section
23(2)
of
Bluntly
stated
the
right
of
the
people
to
directly
propose
amendments
to
the
Constitution
Article
VI
of
the
Constitution;
through
the
system
of
initiative
would
remain
entombed
in
the
cold
niche
of
the
(3)
Delegation
to
the
people
at
large;
Constitution
until
Congress
provides
for
its
implementation.
Stated
otherwise,
while
the
(4)
Delegation
to
local
governments;
and
Constitution
has
recognized
or
granted
that
right,
the
people
cannot
exercise
it
if
Congress,
(5)
Delegation
to
administrative
bodies.
for
whatever
reason,
does
not
provide
for
its
implementation.
Empowering
the
COMELEC,
an
administrative
body
exercising
quasi-‐judicial
functions,
to
REPUBLIC
ACT
NO.
6735
IS
INSUFFICIENT,
AND
DOES
NOT
COVER
INITIATIVE
ON
THE
promulgate
rules
and
regulations
is
a
form
of
delegation
of
legislative
authority
under
no.
5
CONSTITUTION.
-‐
First,
Contrary
to
the
assertion
of
public
respondent
COMELEC,
Section
2
above.
However,
in
every
case
of
permissible
delegation,
there
must
be
a
showing
that
the
of
the
Act
does
not
suggest
an
initiative
on
amendments
to
the
Constitution.
The
inclusion
delegation
itself
is
valid.
It
is
valid
only
if
the
law
(a)
is
complete
in
itself,
setting
forth
of
the
word
"Constitution"
therein
was
a
delayed
afterthought.
That
word
is
neither
therein
the
policy
to
be
executed,
carried
out,
or
implemented
by
the
delegate;
and
(b)
fixes
germane
nor
relevant
to
said
section,
which
exclusively
relates
to
initiative
and
referendum
a
standard
—
the
limits
of
which
are
sufficiently
determinate
and
determinable
—
to
which
on
national
laws
and
local
laws,
ordinances,
and
resolutions.
That
section
is
silent
as
to
the
delegate
must
conform
in
the
performance
of
his
functions.
A
sufficient
standard
is
one
amendments
on
the
Constitution.
As
pointed
out
earlier,
initiative
on
the
Constitution
is
which
defines
legislative
policy,
marks
its
limits,
maps
out
its
boundaries
and
specifies
the
confined
only
to
proposals
to
AMEND.
The
people
are
not
accorded
the
power
to
"directly
public
agency
to
apply
it.
It
indicates
the
circumstances
under
which
the
legislative
propose,
enact,
approve,
or
reject,
in
whole
or
in
part,
the
Constitution"
through
the
system
command
is
to
be
effected.
of
initiative.
They
can
only
do
so
with
respect
to
"laws,
ordinances,
or
resolutions."'
.
.
.
Second.
It
is
true
that
Section
3
(Definition
of
Terms)
of
the
Act
defines
initiative
on
It
logically
follows
that
the
COMELEC
cannot
validly
promulgate
rules
and
regulations
to
amendments
to
the
Constitution
and
mentions
it
as
one
of
the
three
systems
of
initiative,
implement
the
exercise
of
the
right
of
the
people
to
directly
propose
amendments
to
the
and
that
Section
5
(Requirements)
restates
the
constitutional
requirements
as
to
the
Constitution
through
the
system
of
initiative.
It
does
not
have
that
power
under
R.A.
No.
percentage
of
the
registered
voters
who
must
submit
the
proposal.
But
unlike
in
the
case
of
6735.
Reliance
on
the
COMELEC's
power
under
Section
2(1)
of
Article
IX-‐C
of
the
the
other
systems
of
initiative,
the
Act
does
not
provide
for
the
contents
of
a
petition
for
Constitution
is
misplaced,
for
the
laws
and
regulations
referred
to
therein
are
those
initiative
on
the
Constitution.
Section
5
paragraph
(c)
requires,
among
other
things,
a
promulgated
by
the
COMELEC
under
(a)
Section
3
of
Article
IX-‐C
of
the
Constitution,
or
(b)
a
statement
of
the
proposed
law
sought
to
be
enacted,
approve
or
rejected,
amended
or
law
where
subordinate
legislation
is
authorized
and
which
satisfies
the
"completeness"
and
repealed,
as
the
case
may
be.
It
does
not
include,
as
among
the
contents
of
the
petition,
the
the
"sufficient
standard"
tests.
provisions
of
the
Constitution
sought
to
be
amended,
in
the
case
of
initiative
on
the
Constitution.
.
.
.
The
use
of
the
clause
"proposed
laws
sought
to
be
enacted,
approved
or
Lambino
vs.
COMELEC
[G.R.
No.
174153,
October
25,
2006]
rejected,
amended
or
repealed"
only
strengthens
the
conclusion
that
Section
2,
quoted
earlier,
excludes
initiative
on
amendments
to
the
Constitution.
Third.
While
the
Act
PETITION
FOR
INITIATIVE
TO
PROPOSE
AMENDMENTS
TO
THE
CONSTITUTION
MUST
provides
subtitles
for
National
Initiative
and
Referendum
(Subtitle,
II)
and
for
Local
CONTAIN
THE
PROPOSED
AMENDMENTS.
-‐
Clearly,
the
framers
of
the
Constitution
Initiative
and
Referendum
(Subtitle
III),
no
subtitle
is
provided
for
initiative
on
the
intended
that
the
"draft
of
the
proposed
constitutional
amendment"
should
be
"ready
and
Constitution.
This
conspicuous
silence
as
to
the
latter
simply
means
that
the
main
thrust
of
shown"
to
the
people
"before"
they
sign
such
proposal.
The
framers
plainly
stated
that
the
Act
is
initiative
and
referendum
on
national
and
local
laws.
If
Congress
intended
R.A.
No.
"before
they
sign
there
is
already
a
draft
shown
to
them."
The
framers
also
"envisioned"
6735
to
fully
provide
for
the
implementation
of
the
initiative
on
amendments
to
the
that
the
people
should
sign
on
the
proposal
itself
because
the
proponents
must
"prepare
Constitution,
it
could
have
provided
for
a
subtitle
therefor,
considering
that
in
the
order
of
that
proposal
and
pass
it
around
for
signature."
things,
the
primacy
of
interest,
or
hierarchy
of
values,
the
right
of
the
people
to
directly
propose
amendments
to
the
Constitution
is
far
more
important
than
the
initiative
on
The
essence
of
amendments
"directly
proposed
by
the
people
through
initiative
upon
a
national
and
local
laws.
.
.
.
The
foregoing
brings
us
to
the
conclusion
that
R.A.
No.
6735
is
petition"
is
that
the
entire
proposal
on
its
face
is
a
petition
by
the
people.
This
means
two
incomplete,
inadequate,
or
wanting
in
essential
terms
and
conditions
insofar
as
initiative
on
essential
elements
must
be
present.
First,
the
people
must
author
and
thus
sign
the
entire
amendments
to
the
Constitution
is
concerned.
Its
lacunae
on
this
substantive
matter
are
proposal.
No
agent
or
representative
can
sign
on
their
behalf.
Second,
as
an
initiative
upon
a
fatal
and.
cannot
be
cured
by
"empowering"
the
COMELEC
"to
promulgate
such
rules
and
petition,
the
proposal
must
be
embodied
in
a
petition.
regulations
as
may
be
necessary
to
carry
out
the
purposes
of
[the]
Act."
These
essential
elements
are
present
only
if
the
full
text
of
the
proposed
amendments
is
THE
CONGRESS
CANNOT
DELEGATE
TO
OTHER
AGENCIES
THE
POWER
TO
PROVIDE
FOR
first
shown
to
the
people
who
express
their
assent
by
signing
such
complete
proposal
in
a
THE
EXERCISE
OF
THE
RIGHT
OF
INITIATIVE
ON
THE
CONSTITUTION.
-‐
The
rule
is
that
petition.
Thus,
an
amendment
is
"directly
proposed
by
the
people
through
initiative
upon
a
what
has
been
delegated,
cannot
be
delegated
or
as
expressed
in
a
Latin
maxim:
potestas
petition"
only
if
the
people
sign
on
a
petition
that
contains
the
full
text
of
the
proposed
delegata
non
delegari
potest.
59
The
recognized
exceptions
to
the
rule
are
as
follows:
amendments.
(1)
Delegation
of
tariff
powers
to
the
President
under
Section
28(2)
of
The
full
text
of
the
proposed
amendments
may
be
either
written
on
the
face
of
the
petition,
Article
VI
of
the
Constitution;
or
attached
to
it.
If
so
attached,
the
petition
must
state
the
fact
of
such
attachment.
This
is
an
7
assurance
that
every
one
of
the
several
millions
of
signatories
to
the
petition
had
seen
the
[T]he
very
term
"constitution"
implies
an
instrument
of
a
permanent
and
abiding
nature,
full
text
of
the
proposed
amendments
before
signing.
Otherwise,
it
is
physically
impossible,
and
the
provisions
contained
therein
for
its
revision
indicate
the
will
of
the
people
that
the
given
the
time
constraint,
to
prove
that
every
one
of
the
millions
of
signatories
had
seen
the
underlying
principles
upon
which
it
rests,
as
well
as
the
substantial
entirety
of
the
full
text
of
the
proposed
amendments
before
signing.
instrument,
shall
be
of
a
like
permanent
and
abiding
nature.
On
the
other
hand,
the
significance
of
the
term
"amendment"
implies
such
an
addition
or
change
within
the
lines
of
Moreover,
"an
initiative
signer
must
be
informed
at
the
time
of
signing
of
the
nature
and
the
original
instrument
as
will
effect
an
improvement,
or
better
carry
out
the
purpose
for
effect
of
that
which
is
proposed"
and
failure
to
do
so
is
"deceptive
and
misleading"
which
which
it
was
framed.
renders
the
initiative
void.
Revision
broadly
implies
a
change
that
alters
a
basic
principle
in
the
constitution,
like
Section
2,
Article
XVII
of
the
Constitution
does
not
expressly
state
that
the
petition
must
set
altering
the
principle
of
separation
of
powers
or
the
system
of
checks-‐and-‐balances.
There
forth
the
full
text
of
the
proposed
amendments.
However,
the
deliberations
of
the
framers
is
also
revision
if
the
change
alters
the
substantial
entirety
of
the
constitution,
as
when
the
of
our
Constitution
clearly
show
that
the
framers
intended
to
adopt
the
relevant
American
change
affects
substantial
provisions
of
the
constitution.
On
the
other
hand,
amendment
jurisprudence
on
people's
initiative.
In
particular,
the
deliberations
of
the
Constitutional
broadly
refers
to
a
change
that
adds,
reduces,
or
deletes
without
altering
the
basic
principle
Commission
explicitly
reveal
that
the
framers
intended
that
the
people
must
first
see
the
involved.
Revision
generally
affects
several
provisions
of
the
constitution,
while
full
text
of
the
proposed
amendments
before
they
sign,
and
that
the
people
must
sign
on
a
amendment
generally
affects
only
the
specific
provision
being
amended.
petition
containing
such
full
text.
Indeed,
Section
5(b)
of
Republic
Act
No.
6735,
the
Initiative
and
Referendum
Act
that
the
Lambino
Group
invokes
as
valid,
requires
that
the
In
California
where
the
initiative
clause
allows
amendments
but
not
revisions
to
the
people
must
sign
the
"petition
.
.
.
as
signatories."
constitution
just
like
in
our
Constitution,
courts
have
developed
a
two-‐part
test:
the
quantitative
test
and
the
qualitative
test.
The
quantitative
test
asks
whether
the
proposed
An
initiative
that
gathers
signatures
from
the
people
without
first
showing
to
the
people
the
change
is
"so
extensive
in
its
provisions
as
to
change
directly
the
'substantial
entirety'
of
the
full
text
of
the
proposed
amendments
is
most
likely
a
deception,
and
can
operate
as
a
constitution
by
the
deletion
or
alteration
of
numerous
existing
provisions."
The
court
gigantic
fraud
on
the
people.
That
is
why
the
Constitution
requires
that
an
initiative
must
be
examines
only
the
number
of
provisions
affected
and
does
not
consider
the
degree
of
the
"directly
proposed
by
the
people
.
.
.
in
a
petition"
—
meaning
that
the
people
must
sign
on
a
change.
petition
that
contains
the
full
text
of
the
proposed
amendments.
On
so
vital
an
issue
as
amending
the
nation's
fundamental
law,
the
writing
of
the
text
of
the
proposed
The
qualitative
test
inquires
into
the
qualitative
effects
of
the
proposed
change
in
the
amendments
cannot
be
hidden
from
the
people
under
a
general
or
special
power
of
constitution.
The
main
inquiry
is
whether
the
change
will
"accomplish
such
far
reaching
attorney
to
unnamed,
faceless,
and
unelected
individuals.
changes
in
the
nature
of
our
basic
governmental
plan
as
to
amount
to
a
revision."
Whether
there
is
an
alteration
in
the
structure
of
government
is
a
proper
subject
of
inquiry.
Thus,
"a
The
Constitution
entrusts
to
the
people
the
power
to
directly
propose
amendments
to
the
change
in
the
nature
of
[the]
basic
governmental
plan"
includes
"change
in
its
fundamental
Constitution.
This
Court
trusts
the
wisdom
of
the
people
even
if
the
members
of
this
Court
framework
or
the
fundamental
powers
of
its
Branches."
A
change
in
the
nature
of
the
basic
do
not
personally
know
the
people
who
sign
the
petition.
However,
this
trust
emanates
governmental
plan
also
includes
changes
that
"jeopardize
the
traditional
form
of
from
a
fundamental
assumption:
the
full
text
of
the
proposed
amendment
is
first
shown
to
government
and
the
system
of
check
and
balances."
the
people
before
they
sign
the
petition,
not
after
they
have
signed
the
petition.
Under
both
the
quantitative
and
qualitative
tests,
the
Lambino
Group's
initiative
is
a
INTIATIVE
CAN
ONLY
BE
EXERCISED
TO
PROPOSE
AMENDMENTS
TO
THE
revision
and
not
merely
an
amendment.
Quantitatively,
the
Lambino
Group's
proposed
CONSTITUTION,
AND
NOT
REVISION.
-‐
This
Court,
whose
members
are
sworn
to
defend
changes
overhaul
two
articles
—
Article
VI
on
the
Legislature
and
Article
VII
on
the
and
protect
the
Constitution,
cannot
shirk
from
its
solemn
oath
and
duty
to
insure
Executive
—
affecting
a
total
of
105
provisions
in
the
entire
Constitution.
40
Qualitatively,
compliance
with
the
clear
command
of
the
Constitution
—
that
a
people's
initiative
may
the
proposed
changes
alter
substantially
the
basic
plan
of
government,
from
presidential
to
only
amend,
never
revise,
the
Constitution.
parliamentary,
and
from
a
bicameral
to
a
unicameral
legislature.
The
question
is,
does
the
Lambino
Group's
initiative
constitute
an
amendment
or
revision
of
A
change
in
the
structure
of
government
is
a
revision
of
the
Constitution,
as
when
the
three
the
Constitution?
If
the
Lambino
Group's
initiative
constitutes
a
revision,
then
the
present
great
co-‐equal
branches
of
government
in
the
present
Constitution
are
reduced
into
two.
petition
should
be
dismissed
for
being
outside
the
scope
of
Section
2,
Article
XVII
of
the
This
alters
the
separation
of
powers
in
the
Constitution.
A
shift
from
the
present
Bicameral-‐
Constitution.
Presidential
system
to
a
Unicameral-‐Parliamentary
system
is
a
revision
of
the
Constitution.
Merging
the
legislative
and
executive
branches
is
a
radical
change
in
the
structure
of
Courts
have
long
recognized
the
distinction
between
an
amendment
and
a
revision
of
a
government.
constitution.
One
of
the
earliest
cases
that
recognized
the
distinction
described
the
fundamental
difference
in
this
manner:
The
abolition
alone
of
the
Office
of
the
President
as
the
locus
of
Executive
Power
alters
the
separation
of
powers
and
thus
constitutes
a
revision
of
the
Constitution.
Likewise,
the
8
abolition
alone
of
one
chamber
of
Congress
alters
the
system
of
checks-‐and-‐balances
within
conditions
of
a
legal
order
and
to
enter
into
international
relations.
With
the
latter
the
legislature
and
constitutes
a
revision
of
the
Constitution.
requisite
satisfied,
international
law
do
not
exact
independence
as
a
condition
of
statehood.
So
Hyde
did
opine.
By
any
legal
test
and
under
any
jurisdiction,
a
shift
from
a
Bicameral-‐Presidential
to
a
Unicameral-‐Parliamentary
system,
involving
the
abolition
of
the
Office
of
the
President
and
Bacani
vs.
NACOCO
[G.R.
No.
L-‐9657,
November
29,
1956]
the
abolition
of
one
chamber
of
Congress,
is
beyond
doubt
a
revision,
not
a
mere
amendment.
On
the
face
alone
of
the
Lambino
Group's
proposed
changes,
it
is
readily
FUNCTIONS
OF
THE
GOVERNMENT;
CONSTITUENT
AND
MINISTRANT.
-‐
To
begin
with,
we
apparent
that
the
changes
will
radically
alter
the
framework
of
government
as
set
forth
in
state
that
the
term
"Government"
may
be
defined
as
"that
institution
or
aggregate
of
the
Constitution.
Father
Joaquin
Bernas,
S.J.,
a
leading
member
of
the
Constitutional
institutions
by
which
an
independent
society
makes
and
carries
out
those
rules
of
action
Commission,
writes:
which
are
necessary
to
enable
men
to
live
in
a
social
state,
or
which
are
imposed
upon
the
people
forming
that
society
by
those
who
possess
the
power
or
authority
of
prescribing
An
amendment
envisages
an
alteration
of
one
or
a
few
specific
and
them"
(U.S.
vs.
Dorr,
2
Phil.,
332).
This
institution,
when
referring
to
the
national
separable
provisions.
The
guiding
original
intention
of
an
amendment
is
government,
has
reference
to
what
our
Constitution
has
established
composed
of
three
to
improve
specific
parts
or
to
add
new
provisions
deemed
necessary
to
great
departments,
the
legislative,
executive,
and
the
judicial,
through
which
the
powers
meet
new
conditions
or
to
suppress
specific
portions
that
may
have
and
functions
of
government
are
exercised.
These
functions
are
twofold:
constituent
and
become
obsolete
or
that
are
judged
to
be
dangerous.
In
revision,
ministrant.
The
former
are
those
which
constitute
the
very
bonds
of
society
and
are
however,
the
guiding
original
intention
and
plan
contemplates
a
re-‐ compulsory
in
nature;
the
latter
are
those
that
are
undertaken
only
by
way
of
advancing
the
examination
of
the
entire
document,
or
of
provisions
of
the
document
general
interests
of
society,
and
are
merely
optional.
President
Wilson
enumerates
the
which
have
over-‐all
implications
for
the
entire
document,
to
determine
constituent
functions
as
follows:
how
and
to
what
extent
they
should
be
altered.
Thus,
for
instance
a
switch
from
the
presidential
system
to
a
parliamentary
system
would
be
(1)
The
keeping
of
order
and
providing
for
the
protection
of
persons
and
a
revision
because
of
its
over-‐all
impact
on
the
entire
constitutional
property
from
violence
and
robbery.
structure.
So
would
a
switch
from
a
bicameral
system
to
a
unicameral
(2)
The
fixing
of
the
legal
relations
between
man
and
wife
and
between
system
be
because
of
its
effect
on
other
important
provisions
of
the
parents
and
children.
Constitution.
(3)
The
regulation
of
the
holding,
transmission,
and
interchange
of
property,
and
the
determination
of
its
liabilities
for
debt
or
for
crime.
Republic
Act
No.
6735
(4)
The
determination
of
contract
rights
between
individuals.
COMELEC
Resolution
No.
2300
(5)
The
definition
and
punishment
of
crime.
(6)
The
administration
of
justice
in
civil
cases.
THE
CONCEPT
OF
THE
STATE
(7)
The
determination
of
the
political
duties,
privileges,
and
relations
of
citizens.
Collector
of
Internal
Revenue
vs.
Campos
Rueda
[G.R.
No.
L-‐13250,
Oct
29,
1971]
(8)
Dealings
of
the
state
with
foreign
powers:
the
preservation
of
the
state
from
external
danger
or
encroachment
and
the
advancement
of
its
FOREIGN
COUNTRY
IS
DIFFERENT
FROM
A
STATE;
A
FOREIGN
COUNTRY
DOES
NOT
NEED
international
interests.'"
(Malcolm,
The
Government
of
the
Philippine
TO
POSSESS
THE
ESSENTIAL
ELEMENTS
OF
A
STATE.
It
does
not
admit
of
doubt
that
if
a
Islands,
p.
19.)
foreign
country
is
to
be
identified
with
a
state,
it
is
required
in
line
with
Pound's
formulation
that
it
be
a
politically
organized
sovereign
community
independent
of
outside
The
most
important
of
the
ministrant
functions
are:
public
works,
public
education,
public
control
bound
by
penalties
of
nationhood,
legally
supreme
within
its
territory,
acting
charity,
health
and
safety
regulations,
and
regulations
of
trade
and
industry.
The
principles
through
a
government
functioning
under
a
regime
of
determining
whether
or
not
a
government
shall
exercise
certain
of
these
optional
functions
law.
It
is
thus
a
sovereign
person
with
the
people
composing
it
viewed
as
an
organized
are:
(1)
that
a
government
should
do
for
the
public
welfare
those
things
which
private
corporate
society
under
a
government
with
the
legal
competence
to
exact
obedience
to
its
capital
would
not
naturally
undertake
and
(2)
that
a
government
should
do
these
things
commands.
It
has
been
referred
to
as
a
body-‐politic
organized
by
common
consent
for
which
by
its
very
nature
it
is
better
equipped
to
administer
for
the
public
welfare
than
is
mutual
defense
and
mutual
safety
and
to
promote
the
general
welfare.
Correctly
has
it
been
any
private
individual
or
group
of
individuals.
(Malcolm,
The
Government
of
the
Philippine
described
by
Esmein
as
"the
juridical
personification
of
the
nation."
This
is
to
view
it
in
the
Islands,
pp.
19-‐20.)
light
of
its
historical
development.
The
stress
is
on
its
being
a
nation,
its
people
occupying
a
definite
territory,
politically
organized,
exercising
by
means
of
its
government
its
sovereign
From
the
above
we
may
infer
that,
strictly
speaking,
there
are
functions
which
our
will
over
the
individuals
within
it
and
maintaining
its
separate
international
personality.
government
is
required
to
exercise
to
promote
its
objectives
as
expressed
in
our
Laski
could
speak
of
it
then
as
a
territorial
society
divided
into
government
and
subjects,
Constitution
and
which
are
exercised
by
it
as
an
attribute
of
sovereignty,
and
those
which
it
claiming
within
its
allotted
area
a
supremacy
over
all
other
institutions.
McIver
similarly
may
exercise
to
promote
merely
the
welfare,
progress
and
prosperity
of
the
people.
To
this
would
point
to
the
power
entrusted
to
its
government
to
maintain
within
its
territory
the
latter
class
belongs
the
organization
of
those
corporations
owned
or
controlled
by
the
9
government
to
promote
certain
aspects
of
the
economic
life
of
our
people
such
as
the
National
Coconut
Corporation.
These
are
what
we
call
government-‐owned
or
controlled
"In
its
more
general
sense
the
phrase
'municipal
corporation'
may
corporations
which
may
take
on
the
form
of
a
private
enterprise
or
one
organized
with
include
both
towns
and
counties,
and
other
public
corporations
created
powers
and
formal
characteristics
of
a
private
corporations
under
the
Corporation
Law.
by
government
for
political
purposes.
In
its
more
common
and
limited
signification,
it
embraces
only
incorporated
villages,
towns
and
cities.
GOVERNMENT-‐OWNED
AND
CONTROLLED
CORPORATIONS
ARE
NOT
GOVERNMENT
Dunn
vs.
Court
of
County
Revenues,
85
Ala.
144,
146,
4
So.
661."
ENTITIES.
-‐
The
question
that
now
arises
is:
Does
the
fact
that
these
corporations
perform
(McQuillin,
Municipal
Corporations,
2nd
ed.,
Vol.
1,
p.
385.)
certain
functions
of
government
make
them
a
part
of
the
Government
of
the
Philippines?
"We
may,
therefore,
define
a
municipal
corporation
in
its
historical
and
The
answer
is
simple:
they
do
not
acquire
that
status
for
the
simple
reason
that
they
do
not
strict
sense
to
be
the
incorporation,
by
the
authority
of
the
government,
come
under
the
classification
of
municipal
or
public
corporation.
Take
for
instance
the
of
the
inhabitants
of
a
particular
place
or
district,
and
authorizing
them
National
Coconut
Corporation.
While
it
was
organized
with
the
purpose
of
"adjusting
the
in
their
corporate
capacity
to
exercise
subordinate
specified
powers
of
coconut
industry
to
a
position
independent
of
trade
preferences
in
the
United
States"
and
of
legislation
and
regulation
with
respect
to
their
local
and
internal
providing
"Facilities
for
the
better
curing
of
copra
products
and
the
proper
utilization
of
concerns.
This
power
of
local
government
is
the
distinctive
purpose
and
coconut
by-‐products",
a
function
which
our
government
has
chosen
to
exercise
to
promote
the
distinguishing
feature
of
a
municipal
corporation
proper."
(Dillon,
the
coconut
industry,
however,
it
was
given
a
corporate
power
separate
and
distinct
from
Municipal
Corporations,
5th
ed.,
Vol.
I,
p.
59.)
our
government,
for
it
was
made
subject
to
the
provisions
of
our
Corporation
Law
in
so
far
as
its
corporate
existence
and
the
powers
that
it
may
exercise
are
concerned
(sections
2
and
4,
Commonwealth
Act
No.
518).
It
may
sue
and
be
sued
in
the
same
manner
as
any
other
Philippine
Virginia
Tobacco
Adm.
vs.
CIR
[G.R.
No.
L-‐32052,
July
25,
1975]
private
corporations,
and
in
this
sense
it
is
an
entity
different
from
our
government.
As
this
Court
has
aptly
said,
"The
mere
fact
that
the
Government
happens
to
be
a
majority
THE
PROMOTION
OF
GENERAL
WELFARE
IS
A
GOVERNMENT
FUNCTION,
REPUDIATION
stockholder
does
not
make
it
a
public
corporation"
(National
Coal
Co.
vs.
Collector
of
OF
THE
CONCEPT
OF
LAISSEZ
FAIRE.
-‐
The
growing
complexities
of
modern
society,
Internal
Revenue,
46
Phil.,
586-‐587).
"By
becoming
a
stockholder
in
the
National
Coal
however,
have
rendered
this
traditional
classification
of
the
functions
of
government
quite
Company,
the
Government
divested
itself
of
its
sovereign
character
so
far
as
respects
the
unrealistic,
not
to
say
obsolete.
The
areas
which
used
to
be
left
to
private
enterprise
and
transactions
of
the
corporation.
.
.
.
Unlike
the
Government,
the
corporation
may
be
sued
initiative
and
which
the
government
was
called
upon
to
enter
optionally,
and
only
'because
without
its
consent,
and
is
subject
to
taxation.
Yet
the
National
Coal
Company
remains
an
it
was
better
equipped
to
administer
for
the
public
welfare
than
is
any
private
individual
or
agency
or
instrumentality
of
government."
(Government
of
the
Philippine
Islands
vs.
group
of
individuals,'
continue
to
lose
their
well-‐defined
boundaries
and
to
be
absorbed
Springer,
50
Phil.,
288.)
within
activities
that
the
government
must
undertake
in
its
sovereign
capacity
if
it
is
to
meet
the
increasing
social
challenges
of
the
times.
Here
as
almost
everywhere
else
the
To
recapitulate,
we
may
mention
that
the
term
"Government
of
the
Republic
of
the
tendency
is
undoubtedly
towards
a
greater
socialization
of
economic
forces.
Here
of
course
Philippines"
used
in
section
2
of
the
Revised
Administrative
Code
refers
only
to
that
this
development
was
envisioned,
indeed
adopted
as
a
national
policy,
by
the
Constitution
government
entity
through
which
the
functions
of
the
government
are
exercised
as
an
itself
in
its
declaration
of
principle
concerning
the
promotion
of
social
justice."
Thus
was
attribute
of
sovereignty,
and
in
this
are
included
those
arms
through
which
political
laid
to
rest
the
doctrine
in
Bacani
v.
National
Coconut
Corporation,
based
on
the
Wilsonian
authority
is
made
effective
whether
they
be
provincial,
municipal
or
other
form
of
local
classification
of
the
tasks
incumbent
on
government
into
constituent
and
ministrant
in
government.
These
are
what
we
call
municipal
corporations.
They
do
not
include
accordance
with
the
laissez
faire
principle.
That
concept,
then
dominant
in
economics,
was
government
entities
which
are
given
a
corporate
personality
separate
and
distinct
from
the
carried
into
the
governmental
sphere,
as
noted
in
a
textbook
on
political
science,
the
first
government
and
which
are
governed
by
the
Corporation
Law.
Their
powers,
duties
and
edition
of
which
was
published
in
1898,
its
author
being
the
then
Professor,
later
American
liabilities
have
to
be
determined
in
the
light
of
that
law
and
of
their
corporate
charters.
President,
Woodrow
Wilson.
He
took
pains
to
emphasize
that
what
was
categorized
by
him
They
do
not
therefore
come
within
the
exemption
clause
prescribed
in
section
16,
Rule
130
as
constituent
functions
had
its
basis
in
a
recognition
of
what
was
demanded
by
the
of
our
Rules
of
Court.
"strictest
[concept
of]
laissez
faire,
[as
they]
are
indeed
the
very
bonds
of
society."
The
other
functions
he
would
minimize
as
ministrant
or
optional.
"Public
corporations
are
those
formed
or
organized
for
the
government
of
a
portion
of
the
State."
(Section
3,
Republic
Act
No.
1459,
Corporation
It
is
a
matter
of
law
that
in
the
Philippines,
the
laissez
faire
principle
hardly
commanded
the
Law).
authoritative
position
which
at
one
time
it
held
in
the
United
States.
As
early
as
1919,
Justice
Malcolm
in
Rubi
v.
Provincial
Board,
could
affirm:
"The
doctrines
of
laissez
faire
"'The
generally
accepted
definition
of
a
municipal
corporation
would
and
of
unrestricted
freedom
of
the
individual,
as
axioms
of
economic
and
political
theory,
only
include
organized
cities
and
towns,
and
like
organizations,
with
are
of
the
past.
The
modern
period
has
shown
a
widespread
belief
in
the
amplest
possible
political
and
legislative
powers
for
the
local,
civil
government
and
police
demonstration
of
government
activity."
The
1935
Constitution,
as
was
indicated
earlier,
regulations
of
the
inhabitants
of
the
particular
district
included
in
the
continued
that
approach.
As
noted
in
Edu
v.
Ericta:
"What
is
more,
to
erase
any
doubts,
the
boundaries
of
the
corporation.'
Heller
vs.
Stremmel,
52
Mo.
309,
312."
Constitutional
Convention
saw
to
it
that
the
concept
of
laissez-‐faire
was
rejected.
It
10
entrusted
to
our
government
the
responsibility
of
coping
with
social
and
economic
of
its
general
superintending
authority
over
the
public
interests,
where
problems
with
the
commensurate
power
of
control
over
economic
affairs.
Thereby
it
could
no
other
person
is
entrusted
with
it."
(4
Kent
Com.,
508,
note.)
live
up
to
its
commitment
to
promote
the
general
welfare
through
state
action."
Nor
did
the
opinion
in
Edu
stop
there:
"To
repeat,
our
Constitution
which
took
effect
in
1935
erased
The
Supreme
Court
of
the
United
States
in
Mormon
Church
vs.
United
States,
supra,
after
whatever
doubts
there
might
be
on
that
score.
Its
philosophy
is
a
repudiation
of
laissez-‐ approving
also
the
last
quotations,
said:
faire.
One
of
the
leading
members
of
the
Constitutional
Convention,
Manuel
A.
Roxas,
later
the
first
President
of
the
Republic,
made
it
clear
when
he
disposed
of
the
objection
of
"This
prerogative
of
parens
partiae
is
inherent
in
the
supreme
power
of
Delegate
Jose
Reyes
of
Sorsogon,
who
noted
the
'vast
extensions
in
the
sphere
of
every
State,
whether
that
power
is
lodged
in
a
royal
person
or
in
the
governmental
functions'
and
the
'almost
unlimited
power
to
interfere
in
the
affairs
of
legislature,
and
has
no
affinity
to
those
arbitrary
powers
which
are
industry
and
agriculture
as
well
as
to
compete
with
existing
business'
as
'reflections
of
the
sometimes
exerted
by
irresponsible
monarch
to
the
great
detriment
of
fascination
exerted
by
[the
then]
current
tendencies'
in
other
jurisdictions.
He
spoke
thus:
the
people
and
the
destruction
of
their
liberties.
On
the
contrary,
it
is
a
'My
answer
is
that
this
constitution
has
a
definite
and
well
defined
philosophy,
not
only
most
beneficent
function,
and
often
necessary
to
be
exercised
in
the
political
but
social
and
economic.
.
.
.
If
in
this
Constitution
the
gentlemen
will
find
interest
of
humanity,
and
for
the
prevention
of
injury
to
those
who
declarations
of
economic
policy
they
are
there
because
they
are
necessary
to
safeguard
the
cannot
protect
themselves."
interest
and
welfare
of
the
Filipino
people
because
we
believe
that
the
days
have
come
when
in
self-‐defense,
a
nation
may
provide
in
its
constitution
those
safeguards,
the
The
court
in
the
same
case,
after
quoting
from
Sohier
vs.
Mass.
General
Hospital
(3
Cush.,
patrimony,
the
freedom
to
grow,
the
freedom
to
develop
national
aspirations
and
national
483,
497),
wherein
the
latter
court
held
that
it
is
deemed
indispensible
that
there
should
be
interests,
not
to
be
hampered
by
the
artificial
boundaries
which
a
constitutional
provision
a
power
in
the
legislature
to
authorize
the
sale
of
the
estates
of
infants,
idiots,
insane
automatically
imposes."
persons,
and
persons
not
known,
or
not
in
being,
who
cannot
act
for
themselves,
said:
It
would
be
then
to
reject
what
was
so
emphatically
stressed
in
the
Agricultural
Credit
"These
remarks
in
reference
to
infants,
insane
persons
and
persons
not
Administration
decision
about
which
the
observation
was
earlier
made
that
it
reflected
the
known,
or
not
in
being,
apply
to
the
beneficiaries
of
charities,
who
are
philosophy
of
the
1935
Constitution
and
is
even
more
in
consonance
with
the
expanded
often
incapable
of
vindicating
their
rights,
and
justly
look
for
protection
role
of
government
accorded
recognition
in
the
present
Charter
if
the
plea
of
petitioner
that
to
the
sovereign
authority,
acting
as
parens
partiae.
They
show
that
this
it
discharges
governmental
function
were
not
heeded.
That
path
this
Court
is
not
prepared
beneficent
function
has
not
ceased
to
exist
under
the
change
of
to
take.
That
would
be
to
go
backward,
to
retreat
rather
than
to
advance.
Nothing
can
thus
government
from
a
monarchy
to
a
republic;
but
that
it
now
resides
in
the
be
clearer
than
that
there
is
no
constitutional
obstacle
to
a
government
pursuing
lines
of
legislative
department,
ready
to
be
called
into
exercise
whenever
endeavor,
formerly
reserved
for
private
enterprise.
This
is
one
way,
in
the
language
of
required
for
the
purposes
of
justice
and
right,
and
is
as
clearly
capable
of
Laski,
by
which
through
such
activities,
"the
harsh
contract
which
[does]
obtain
between
being
exercised
in
cases
of
charities
as
in
any
other
cases
whatever."
the
levels
of
the
rich
and
the
poor"
may
be
minimized.
It
is
a
response
to
a
trend
noted
by
Justice
Laurel
in
Calalang
v.
Williams
for
the
humanization
of
laws
and
the
promotion
of
the
In
People
vs.
Cogswell
(113
Cal.
129,
130),
it
was
urged
that
the
plaintiff
was
not
the
real
interest
of
all
component
elements
of
society
so
that
man's
innate
aspirations,
in
what
was
party
in
interest;
that
the
Attorney-‐General
had
no
power
to
institute
the
action;
and
that
so
felicitously
termed
by
the
First
Lady
as
"a
compassionate
society"
be
attained.
there
must
be
an
allegation
and
proof
of
a
distinct
right
of
the
people
as
a
whole,
as
distinguished
from
the
rights
of
individuals,
before
an
action
could
be
brought
by
the
Gov.
of
the
Philippine
Islands
vs.
Monte
de
Piedad
[G.R.
No.
9959,
December
13,
Attorney-‐General
in
the
name
of
the
people.
The
court,
in
overruling
these
contentions,
held
1916]
that
it
was
not
only
the
right
but
the
duty
of
the
Attorney-‐General
to
prosecute
the
action,
which
related
to
charities,
and
approved
the
following
quotation
from
Attorney-‐General
vs.
DOCTRINE
OF
PARENS
PATRIAE
-‐
In
Fontain
vs.
Ravenel
(17
How.,
369,
384),
Mr.
Justice
Compton
(1
Young
&
C.
C.,
417):
McLean,
delivering
the
opinion
of
the
court
in
a
charity
case,
said:
"Where
property
affected
by
a
trust
for
public
purposes
is
in
the
hands
of
those
who
hold
it
devoted
to
that
trust,
it
is
the
privilege
of
the
public
that
the
crown
should
be
entitled
to
"When
this
country
achieved
its
independence,
the
prerogatives
of
the
intervene
by
its
officers
for
the
purpose
of
asserting,
on
behalf
on
the
public
generally,
the
crown
devolved
upon
the
people
of
the
States.
And
this
power
still
public
interest
and
the
public
right,
which,
probably,
no
individual
could
be
found
remains
with
them
except
so
far
as
they
have
delegated
a
portion
of
it
to
effectually
to
assert,
even
if
the
interest
were
such
as
to
allow
it."
(2
Kent's
Commentaries,
the
Federal
Government.
The
sovereign
will
is
made
known
to
us
by
10th
ed.,
359;
Lewin
on
Trusts,
sec.
665;
1
Daniell's
Chancery
Practice,
sec.
13;
Perry
on
legislative
enactment.
The
State
as
a
sovereign,
is
the
parens
partiae."
Trusts,
sec.
732.)
Chancelor
Kent
says:
It
is
further
urged,
as
above
indicated,
that
"the
only
persons
who
could
claim
to
be
damages
by
this
payment
to
the
Monte,
if
it
was
unlawful,
are
the
donor
or
the
cestuis
que
"In
this
country,
the
legislature
or
government
of
the
State,
as
parens
trustent,
and
this
Government
is
neither.
Consequently,
the
plaintiff
is
not
the
proper
party
partiae,
has
the
right
to
enforce
all
charities
of
a
public
nature,
by
virtue
to
bring
the
action."
The
earthquake
fund
was
the
result
or
the
accumulation
of
a
great
11
number
of
small
contributions.
The
names
of
the
contributors
do
not
appear
in
the
record.
aggressor,
who
is
presumed
to
be
intent
upon
causing
as
much
harm
as
possible
to
the
Their
whereabouts
are
unknown.
They
parted
with
the
title
to
their
respective
inhabitants
or
nationals
of
the
enemy's
territory,
and
prejudice
the
latter;
it
would
cause
contributions.
The
beneficiaries,
consisting
of
the
original
sufferers
and
their
heirs,
could
more
suffering
to
the
conquered
and
assist
the
conqueror
or
invader
in
realizing
his
have
been
ascertained.
They
are
quite
numerous
also.
And
no
doubt
a
large
number
of
the
nefarious
design;
in
fine,
it
would
result
in
penalizing
the
nationals
of
the
occupied
original
sufferers
have
died,
leaving
various
heirs.
It
would
be
impracticable
for
them
to
territory,
and
rewarding
the
invader
or
occupant
for
his
acts
of
treachery
and
aggression.
institute
an
action
or
actions
either
individually
or
collectively
to
recover
the
$80,000.
The
only
course
that
can
be
satisfactorily
pursued
is
for
the
Government
to
against
assume
We
held
in
our
decision
that
the
word
"processes,"
as
used
in
the
proclamation
of
General
control
of
the
fund
and
devote
it
to
the
object
for
which
it
was
originally
destined.
Douglas
MacArthur
of
October
23,
1944,
cannot
be
interpreted
to
mean
judicial
processes;
and
because
of
the
cogent
reasons
therein
set
forth,
we
did
not
deem
it
necessary
to
specify
The
impracticability
of
pursuing
a
different
course,
however,
is
not
the
true
ground
upon
the
processes
to
which
said
proclamation
should
be
construed
to
refer.
As
some
doubt
still
which
the
right
of
the
Government
to
maintain
the
action
rests.
The
true
ground
is
that
the
lingers
in
the
minds
of
person
interested
in
sustaining
a
contrary
interpretation
or
money
being
given
to
a
charity
became,
in
a
measure,
public
property,
only
applicable,
it
is
construction,
we
are
now
constrained
to
say
that
the
term
as
used
in
the
proclamation
true,
to
the
specific
purposes
to
which
it
was
intended
to
be
devoted,
but
within
those
limits
should
be
construed
to
mean
legislative
and
constitutional
processes,
by
virtue
of
the
consecrated
to
the
public
use,
and
became
part
of
the
public
resources
for
promoting
the
maxim
"noscitur
a
sociis."
According
to
this
maxim,
where
a
particular
word
or
phrase
is
happiness
and
welfare
of
the
Philippine
Government.
(Mormon
Church
vs.
U.
S.,
supra.)
To
ambiguous
in
itself
or
is
equally
susceptible
of
various
meaning,
its
meaning
may
be
made
deny
the
Government's
right
to
maintain
this
action
would
be
contrary
to
sound
public
clear
and
specific
by
considering
the
company
in
which
it
is
found.
(Black
on
Interpretation
policy,
as
tending
to
discourage
the
prompt
exercise
of
similar
acts
of
humanity
and
of
Laws,
2d
ed.,
pp.
194-‐196.)
Since
the
proclamation
provides
that
"all
laws,
regulations
Christian
benevolences
in
like
instances
in
the
future.
and
processes
of
any
other
government
in
the
Philippines
than
that
of
the
said
Commonwealth
are
null
and
void,"
the
word
"processes"
must
be
interpreted
or
construed
Co
Kim
Cham
vs.
Valdez
Tan
Keh
[G.R.
No.
L-‐5a,
November
16,
1945]
to
refer
to
the
Executive
Commission,
Ordinances
promulgated
by
the
President
of
the
so-‐
called
Republic
of
the
Philippines,
and
the
Constitution
itself
of
said
Republic,
and
others
DURING
BELLIGERENT
OCCUPATION,
JUDICIAL
DECISIONS
RENDERED
BY
THE
INVADER
that
are
of
the
same
class
as
the
laws
and
regulations
with
which
the
world
"processes"
is
CONTINUE
ITS
FORCE
AND
EFFECT
EVEN
AFTER
THE
CESSATION
OF
INVASION.
Suffice
it
associated.
to
say
that
the
provisions
of
the
Hague
Conventions
which
imposes
upon
a
belligerent
occupant
the
duty
to
continue
the
courts
as
well
as
the
municipal
laws
in
force
in
the
As
the
said
judicial
acts
which
apply
the
municipal
laws,
that
is,
such
as
affect
private
rights
country
unless
absolutely
prevented,
in
order
to
reestablish
and
insure
"I'ordre
et
la
vie
or
persons
and
property
and
provide
for
the
punishment
of
crimes,
are
good
and
valid
even
publice,"
that
is,
the
public
order
and
safety,
and
the
entire
social
and
commercial
life
of
the
after
occupation
has
ceased,
although
it
is
true
that
no
crucial
instances
exist
to
show
that,
country,
were
inserted,
not
for
the
benefit
of
the
invader,
but
for
the
protection
and
benefit
were
they
reversed
or
invalidated
by
the
restored
or
legitimate
government,
international
of
the
people
or
inhabitants
of
the
occupied
territory
and
of
those
not
in
the
military
wrong
would
be
committed,
it
is
nonetheless
true
and
evident
that
by
such
abrogation
service,
in
order
that
the
ordinary
pursuits
and
business
of
society
may
not
be
national
wrong
would
be
caused
to
the
inhabitants
or
citizens
of
the
legitimate
government.
unnecessarily
deranged.
According
to
the
law
of
nations
and
Wheaton
himself,
said
judicial
acts
are
legal
and
valid
before
and
after
the
occupation
has
ceased
and
the
legitimate
government
has
been
This
is
the
opinion
of
all
writers
on
international
law
up
to
date,
among
them
Wheaton
(Vol.
restored.
As
there
are
vested
rights
which
have
been
acquired
by
the
parties
by
virtue
of
II,
p.
236)
and
Oppenheim
(Vol.
II,
p.
338)
in
their
recently
revised
Treatises
on
such
judgments,
the
restored
government
or
its
representative
cannot
reverse
or
abrogate
International
Law,
edited
in
the
year
1944,
and
the
interpretation
of
the
Supreme
Court
of
them
without
causing
wrong
or
injury
to
the
interested
parties,
because
such
reversal
the
United
States
in
many
cases,
specially
in
the
case
of
Dow
vs.
Johnson
(106
U.
S.,
158),
in
would
deprive
them
of
their
properties
without
due
process
of
law.
which
that
Court
said:
"As
a
necessary
consequence
of
such
occupation
and
domination,
the
political
relations
of
its
people
to
their
former
government
are,
for
the
time
being,
severed.
People
vs.
Gozo
[G.R.
No.
L-‐36409,
October
26,
1973]
But
for
their
protection
and
benefit,
and
the
protection
and
benefit
of
others
not
in
the
ordinary
pursuits
and
business
of
society
may
not
be
unnecessarily
deranged,
the
municipal
SOVEREIGNTY
IS
COMPREHENSIVE,
BUT
ITS
EXERCISE
MAY
BE
RESTRICTED.
-‐
Much
less
laws,
that
is,
such
as
affect
private
rights
of
persons
and
property
and
provide
for
the
is
a
reversal
indicated
because
of
the
alleged
absence
of
the
rather
novel
concept
of
punishment
of
crime,
are
generally
allowed
to
continue
in
force,
and
to
be
administered
by
administrative
jurisdiction
on
the
part
of
Olongapo
City.
Nor
is
novelty
the
only
thing
that
the
ordinary
tribunals
as
they
were
administered
before
the
occupation.
They
are
may
be
said
against
it.
Far
worse
is
the
assumption
at
war
with
controlling
and
considered
as
continuing,
unless
suspended
or
superseded
by
the
occupying
belligerent."
authoritative
doctrines
that
the
mere
existence
of
military
or
naval
bases
of
a
foreign
(Dow
vs.
Johnson,
100
U.
S.,
158;
25
U.
S.
[Law,
ed.],
632).
country
cuts
deeply
into
the
power
to
govern.
Two
leading
cases
may
be
cited
to
show
how
offensive
is
such
thinking
to
the
juristic
concept
of
sovereignty,
People
v.
Acierto,
and
The
fact
that
the
belligerent
occupant
is
a
treacherous
aggressor,
as
Japan
was,
does
not,
Reagan
v.
Commissioner
of
Internal
Revenue.
As
was
so
emphatically
set
forth
by
Justice
therefore,
exempt
him
from
complying
with
said
precepts
of
the
Hague
Conventions,
nor
Tuason
in
Acierto:
"By
the
Agree
it
should
be
noted,
the
Philippine
Government
merely
does
it
make
null
and
void
the
judicial
acts
of
the
courts
continued
by
the
occupant
in
the
consents
that
the
United
States
exercise
jurisdiction
in
certain
cases.
The
consent
was
given
territory
occupied.
To
deny
validity
to
such
judicial
acts
would
benefit
the
invader
or
purely
as
a
matter
of
comity,
courtesy,
or
expediency.
The
Philippine
Government
has
not
12
abdicated
its
sovereignty
over
the
bases
as
part
of
the
Philippine
territory
or
divested
itself
'although
the
former
is
in
fact
prevented
from
exercising
the
supremacy
over
them'
is
one
of
completely
of
jurisdiction
over
offenses
committed
therein.
Under
the
terms
of
the
treaty,
the
'rules
of
international
law
of
our
times';
(II
Oppenheim,
6th
Lauterpach
ed.,
1944,
p.
the
United
States
Government
has
prior
or
preferential
but
not
exclusive
jurisdiction
of
482),
recognized,
by
necessary
implication,
in
articles
23,
44,
45,
and
52
of
Hague
such
offenses.
The
Philippine
Government
retains
not
only
jurisdictional
rights
not
granted,
Regulation;
and
that,
as
a
corollary
of
the
conclusion
that
the
sovereignty
itself
is
not
but
also
all
such
ceded
rights
as
the
United
States
Military
authorities
for
reasons
of
their
suspended
and
subsists
during
the
enemy
occupation,
the
allegiance
of
the
inhabitants
to
own
decline
to
make
use
of.
The
first
proposition
is
implied
from
the
fact
of
Philippine
their
legitimate
government
or
sovereign
subsists,
and
therefore
there
is
no
such
thing
as
sovereignty
over
the
bases;
the
second
from
the
express
provisions
of
the
treaty."
There
suspended
allegiance,
the
basic
theory
on
which
the
whole
fabric
of
the
petitioner's
was
a
reiteration
of
such
a
view
in
Reagan.
Thus:
"Nothing
is
better
settled
than
that
the
contention
rests
Philippines
being
independent
and
sovereign,
its
authority
may
be
exercised
over
its
entire
domain.
There
is
no
portion
thereof
that
is
beyond
its
power.
Within
its
limits,
its
decrees
Considering
that
even
adopting
the
words
'temporary
allegiance,'
repudiated
by
are
supreme,
its
commands
paramount.
Its
laws
govern
therein,
and
everyone
to
whom
it
Oppenheim
and
other
publicists,
as
descriptive
of
the
relations
borne
by
the
inhabitants
of
applies
must
submit
to
its
terms.
That
is
the
extent
of
its
jurisdiction,
both
territorial
and
the
territory
occupied
by
the
enemy
toward
the
military
government
established
over
them,
personal.
Necessarily,
likewise,
it
has
to
be
exclusive.
If
it
were
not
thus,
there
is
a
such
allegiance
may,
at
most,
be
considered
similar
to
the
temporary
allegiance
which
a
diminution
of
its
sovereignty."
Then
came
this
paragraph
dealing
with
the
principle
of
foreigner
owes
to
the
government
or
sovereign
of
the
territory
wherein
he
resides
in
return
auto-‐limitation:
"It
is
to
be
admitted
that
any
state
may,
by
its
consent,
express
or
implied,
for
the
protection
he
receives
as
above
described,
and
does
not
do
away
with
the
absolute
submit
to
a
restriction
of
its
sovereign
rights.
There
may
thus
be
a
curtailment
of
what
and
permanent
allegiance
which
the
citizen
residing
in
a
foreign
country
owes
to
his
own
otherwise
is
a
power
plenary
in
character.
That
is
the
concept
of
sovereignty
as
auto-‐ government
or
sovereign;
that
just
as
a
citizen
or
subject
of
a
government
or
sovereign
may
limitation,
which,
in
the
succinct
language
of
Jellinek,
'is
the
property
of
a
state-‐force
due
to
be
prosecuted
for
and
convicted
of
treason
committed
in
a
foreign
country,
in
the
same
way
which
it
has
the
exclusive
capacity
of
legal
self-‐determination
and
self-‐restriction.'
A
state
an
inhabitant
of
a
territory
occupied
by
the
military
forces
of
the
enemy
may
commit
then,
if
it
chooses
to,
may
refrain
from
the
exercise
of
what
otherwise
is
illimitable
treason
against
his
own
legitimate
government
or
sovereign
if
he
adheres
to
the
enemies
of
competence."
The
opinion
was
at
pains
to
point
out
though
that
even
then,
there
is
at
the
the
latter
by
giving
them
aid
comfort;
and
that
if
the
allegiance
of
a
citizen
or
subject
to
his
most
diminution
of
jurisdictional
rights,
not
in
appearance.
The
words
employed
follow:
"Its
government
or
sovereign
is
nothing
more
than
obedience
to
its
laws
in
return
for
the
laws
may
as
to
some
persons
found
within
its
territory
no
longer
control.
Nor
does
the
protection
he
receives,
it
would
necessarily
follow
that
a
citizen
who
resides
in
a
foreign
matter
end
there.
It
is
not
precluded
from
allowing
another
power
to
participate
in
the
country
or
state
would,
on
one
hand,
ipso
facto
acquire
the
citizenship
thereof
since
he
has
exercise
of
jurisdictional
right
over
certain
portions
of
its
territory.
If
it
does
so,
it
by
no
to
obey,
with
certain
exceptions,
the
laws
of
that
country
which
enforce
public
order
and
means
follows
that
such
areas
become
impressed
with
an
alien
character.
They
retain
their
regulate
the
social
and
commercial
life,
in
return
for
the
protection
he
receives,
and
would,
status
as
native
soil.
They
are
still
subject
to
its
authority.
Its
jurisdiction
may
be
on
the
other
hand,
lose
his
original
citizenship,
because
he
would
not
be
bound
to
obey
diminished,
but
it
does
not
disappear.
So
it
is
with
the
bases
under
lease
to
the
American
most
of
the
laws
of
his
own
government
or
sovereign,
and
would
not
receive,
while
in
a
armed
forces
by
virtue
of
the
military
bases
agreement
of
1947.
They
are
not
and
cannot
be
foreign
country,
the
protection
he
is
entitled
to
in
his
own;
foreign
territory."
Considering
that,
as
a
corollary
of
the
suspension
of
the
exercise
of
rights
of
sovereignty
by
Laurel
vs.
Misa
[G.R.
No.
L-‐409,
January
30,
1947]
the
legitimate
government
in
the
territory
occupied
by
the
enemy
military
forces,
because
the
authority
of
the
legitimate
power
to
govern
has
passed
into
the
hands
of
the
occupant
LAW
ON
TREASON,
THOUGH
POLITICAL
IN
NATURE,
IS
NOT
SUSPENDED
DURING
(Article
43,
Hague
Regulations),
the
political
laws
which
prescribe
the
reciprocal
rights,
BELLIGERENT
OCCUPATION.
Considering
that
the
absolute
and
permanent
allegiance
of
duties
and
obligation
of
government
and
citizens,
are
suspended
or
in
abeyance
during
the
inhabitants
of
a
territory
occupied
by
the
enemy
to
their
legitimate
government
or
military
occupation
(Co
Kim
Cham
vs.
Valdez
Tan
Keh
and
Dizon,
supra),
for
the
only
reason
sovereign
is
not
abrogated
or
severed
by
the
enemy
occupation,
because
the
sovereignty
of
that
as
they
exclusively
bear
relation
to
the
ousted
legitimate
government,
they
are
the
government
or
sovereign
de
jure
is
not
transferred
thereby
to
the
occupier,
as
we
have
inoperative
or
not
applicable
to
the
government
established
by
the
occupant;
that
the
held
in
the
cases
of
Co
Kim
Cham
v~.
Valdez
Tan
Keh
and
Dizon
(75
Phil.,
113)
and
of
crimes
against
national
security,
such
as
treason
and
espionage,
inciting
to
war,
Peralta
vs.
Director
of
Prisons
(75
Phil.,
285),
and
if
it
is
not
transferred
to
the
occupant
it
correspondence
with
hostile
country,
flight
to
enemy's
country,
as
well
as
those
against
must
necessarily
remain
vested
in
the
legitimate
government;
that
the
sovereignty
vested
in
public
order,
such
as
rebellion,
sedition,
and
disloyalty,
illegal
possession
of
firearms,
which
the
titular
government
(which
is
the
supreme
power
which
governs
a
body
politic
or
are
of
political
complexion
because
they
bear
relation
to,
and
are
penalized
by
our
Revised
society
which
constitute
the
state)
must
be
distinguished
from
the
exercise
of
the
rights
Penal
Code
as
crimes
against
the
legitimate
government,
are
also
suspended
or
become
inherent
thereto,
and
may
be
destroyed,
or
severed
and
transferred
to
another,
but
it
inapplicable
as
against
the
occupant,
because
they
can
not
be
committed
against
the
latter
cannot
be
suspended
because
the
existence
of
sovereignty
cannot
be
suspended
without
(Peralta
1.S.
Director
of
Prisons,
supra);
and
that,
while
the
offenses
against
public
order
to
putting
it
out
of
existence
or
divesting
the
possessor
thereof
at
least
during
the
so-‐called
be
preserved
by
the
legitimate
government
were
inapplicable
as
offenses
against
the
period
of
suspension;
that
what
may
be
suspended
is
the
exercise
of
the
rights
of
invader
for
the
reason
above
stated,
unless
adopted
by
him,
were
also
ill
operative
as
sovereignty
with
the
control
and
government
of
the
territory
occupied
by
the
enemy
passes
against
the
ousted
government
for
the
latter
was
not
responsible
for
the
preservation
of
the
temporarily
to
the
occupant;
that
the
subsistence
of
the
sovereignty
of
the
legitimate
public
order
in
the
occupied
territory,
yet
article
114
of
the
said
Revised
Penal
Code,
was
government
in
a
territory
occupied
by
the
military
forces
of
the
enemy
during
the
war,
applicable
to
treason
committed
against
the
national
security
of
the
legitimate
government,
13
because
the
inhabitants
of
the
occupied
territory
were
still
bound
by
their
allegiance
to
the
political
nature
or
affecting
political
relations
are
considered
superseded
or
in
abeyance
latter
during
the
enemy
occupation;
during
the
military
occupation,
is
intended
for
the
governing
of
the
civil
inhabitants
of
the
occupied
territory.
It
is
not
intended
for
and
does
not
bind
the
enemies
in
arms.
This
is
self-‐
Considering
that,
although
the
military
occupant
is
enjoined
to
respect
or
continue
in
force,
evident
from
the
very
nature
of
things.
The
paradox
of
a
contrary
ruling
should
readily
unless
absolutely
prevented
by
the
circumstances,
those
laws
that
enforce
public
order
and
manifest
itself.
Under
the
petitioners'
theory
the
forces
of
resistance
operating
in
an
regulate
the
social
and
commercial
life
of
the
country,
he
has,
nevertheless,
all
the
powers
of
occupied
territory
would
have
to
abide
by
the
outlawing
of
their
own
existence.
They
would
a
de
facto
government
and
may,
at
his
pleasure,
either
change
the
existing
laws
or
make
be
stripped
of
the
very
lifeblood
of
an
army,
the
right
and
the
ability
to
maintain
order
and
new
ones
when
the
exigencies
of
the
military
service
demand
such
action,
that
is,
when
it
is
discipline
within
the
organization
and
to
try
the
men
guilty
of
breach
thereof.
necessary
for
the
occupier
to
do
so
for
the
control
of
the
country
and
the
protection
of
his
army,
subject
to
the
restrictions
or
limitations
imposed
by
the
Hague
Regulations,
the
THE
DOCTRINE
OF
STATE
IMMUNITY
usages
established
by
civilized
nations,
the
laws
of
humanity
and
the
requirements
of
public
conscience
(
Peralta
vs.
Director
of
Prisons,
supra;
1940
United
States
Rules
of
Land
Republic
vs.
Sandoval
[G.R.
No.
84607,
March
19,
1993]
Warfare
76,
77);
and
that,
consequently,
all
acts
of
the
military
occupant
dictated
within
these
limitations
are
obligatory
upon
the
inhabitants
of
the
territory,
who
are
bound
to
CONCEPT
OF
STATE
IMMUNITY.
-‐
Under
our
Constitution
the
principle
of
immunity
of
the
obey
them,
and
the
laws
of
the
legitimate
government
which
have
not
been
adopted,
as
well
government
from
suit
is
expressly
provided
in
Article
XVI,
Section
3.
The
principle
is
based
and
those
which,
though
continued
in
force,
are
in
conflict
with
such
laws
and
orders
of
the
on
the
very
essence
of
sovereignty,
and
on
the
practical
ground
that
there
can
be
no
legal
occupier,
shall
be
considered
as
suspended
or
not
in
force
and
binding
upon
said
right
as
against
the
authority
that
makes
the
law
on
which
the
right
depends.
It
also
rests
inhabitants;
on
reasons
of
public
policy
—
that
public
service
would
be
hindered,
and
the
public
endangered,
if
the
sovereign
authority
could
be
subjected
to
law
suits
at
the
instance
of
Considering
that,
since
the
preservation
of
the
allegiance
or
the
obligation
of
fidelity
and
every
citizen
and
consequently
controlled
in
the
uses
and
dispositions
of
the
means
obedience
of
a
citizen
or
subject
to
his
government
or
sovereign
does
not
demand
from
him
required
for
the
proper
administration
of
the
government.
a
positive
action,
but
only
passive
attitude
or
forbearance
from
adhering
to
the
enemy
by
giving
the
latter
aid
and
comfort,
the
occupant
has
no
power,
as
a
corollary
of
the
preceding
INSTANCES
OF
SUITS
AGAINST
THE
STATE.
-‐
Some
instances
when
a
suit
against
the
State
consideration,
to
repeal
or
suspend
the
operation
of
the
law
of
treason,
essential
for
the
is
proper
are:
preservation
of
the
allegiance
owed
by
the
inhabitants
to
their
legitimate
government,
or
compel
them
to
adhere
and
give
aid
and
comfort
to
him;
because
it
is
evident
that
such
(1)
When
the
Republic
is
sued
by
name;
action
is
not
demanded
by
the
exigencies
of
the
military
service
or
not
necessary
for
the
(2)
When
the
suit
is
against
an
unincorporated
government
agency;
control
of
the
inhabitants
and
the
safety
and
protection
of
his
army,
and
because
it
is
(3)
When
the
suit
is
on
its
face
against
a
government
officer
but
the
case
is
tantamount
to
practically
transfer
temporarily
to
the
occupant
their
allegiance
to
the
titular
such
that
ultimate
liability
will
belong
not
to
the
officer
but
to
the
government
or
sovereign;
and
that,
therefore,
if
an
inhabitant
of
the
occupied
territory
were
government.
compelled
illegally
by
the
military
occupant,
through
force,
threat
or
intimidation,
to
give
him
aid
and
comfort,
the
former
may
lawfully
resist
and
die
if
necessary
as
a
hero,
or
submit
While
the
Republic
in
this
case
is
sued
by
name,
the
ultimate
liability
does
not
pertain
to
the
thereto
without
becoming
a
traitor;
government.
Although
the
military
officers
and
personnel,
then
party
defendants,
were
discharging
their
official
functions
when
the
incident
occurred,
their
functions
ceased
to
be
Considering
that
adoption
of
the
petitioner's
theory
of
suspended
allegiance
would
lead
to
official
the
moment
they
exceeded
their
authority.
Based
on
the
Commission
findings,
there
disastrous
consequences
for
small
and
weak
nations
or
states,
and
would
be
repugnant
to
was
lack
of
justification
by
the
government
forces
in
the
use
of
firearms.
Moreover,
the
the
laws
of
humanity
and
requirements
of
public
conscience,
for
it
would
allow
invaders
to
members
of
the
police
and
military
crowd
dispersal
units
committed
a
prohibited
act
under
legally
recruit
or
enlist
the
Quisling
inhabitants
of
the
occupied
territory
to
fight
against
B.P.
Blg.
880
as
there
was
unnecessary
firing
by
them
in
dispersing
the
marchers.
their
own
government
without
the
latter
incurring
the
risk
of
being
prosecuted
for
treason,
and
even
compel
those
who
are
not
to
aid
them
in
their
military
operation
against
the
While
it
is
true
that
nothing
is
better
settled
than
the
general
rule
that
a
sovereign
state
and
resisting
enemy
forces
in
order
to
completely
subdue
and
conquer
the
whole
nation,
and
its
political
subdivisions
cannot
be
sued
in
the
courts
except
when
it
has
given
its
consent,
it
thus
deprive
them
all
of
their
own
independence
or
sovereignty
—
such
theory
would
cannot
be
invoked
by
both
the
military
officers
to
release
them
from
any
liability,
and
by
the
sanction
the
action
of
invaders
in
forcing
the
people
of
a
free
and
sovereign
country
to
be
a
heirs
and
victims
to
demand
indemnification
from
the
government.
The
principle
of
state
party
i
n
the
nefarious
task
of
depriving
themselves
of
their
own
freedom
and
independence
immunity
from
suit
does
not
apply,
as
in
this
case,
when
the
relief
demanded
by
the
suit
and
repressing
the
exercise
by
them
of
their
own
sovereignty;
in
other
words,
to
commit
a
requires
no
affirmative
official
action
on
the
part
of
the
State
nor
the
affirmative
discharge
political
suicide.
of
any
obligation
which
belongs
to
the
State
in
its
political
capacity,
even
though
the
officers
or
agents
who
are
made
defendants
claim
to
hold
or
act
only
by
virtue
of
a
title
of
the
state
Ruffy
vs.
Chief
of
Staff
[G.R.
No.
L-‐533,
August
20,
1946]
and
as
its
agents
and
servants.
This
Court
has
made
it
quite
clear
that
even
a
"high
THE
SUSPENSION
OF
POLITICAL
LAWS
DURING
BELLIGERENT
OCCUPATION
DOES
NOT
position
in
the
government
does
not
confer
a
license
to
persecute
or
recklessly
injure
APPLY
TO
THE
ENEMIES
IN
ARMS.
The
rule
invoked
by
counsel,
namely,
that
laws
of
another."
14
immediate
superior
of
Sanders
and
directly
answerable
to
Naval
Personnel
in
matters
THE
STATE
IMMUNITY
IS
NOT
WAIVED
ONLY
FOR
THE
REASON
THAT
THE
PRESIDENT
involving
the
special
services
department
of
NAVSTA.
In
fact,
the
letter
dealt
with
the
CREATED
A
COMMISSION
TO
INVESTIGATE
THE
INCIDENT,
OR
BY
THE
PRESIDENT’S
ACT
financial
and
budgetary
problems
of
the
department
and
contained
recommendations
for
OF
JOINING
A
RALLY
OF
THE
COMPLAINANTS.
In
effect,
whatever
may
be
the
findings
of
their
solution,
including
the
re-‐designation
of
the
private
respondents.
There
was
nothing
the
Commission,
the
same
shall
only
serve
as
the
cause
of
action
in
the
event
that
any
party
personal
or
private
about
it.
decides
to
litigate
his/her
claim.
Therefore,
the
Commission
is
merely
a
preliminary
venue.
The
Commission
is
not
the
end
in
itself.
Whatever
recommendation
it
makes
cannot
in
any
Given
the
official
character
of
the
above-‐described
letters,
we
have
to
conclude
that
the
way
bind
the
State
immediately,
such
recommendation
not
having
become
final
and
petitioners
were,
legally
speaking,
being
sued
as
officers
of
the
United
States
government.
executory.
This
is
precisely
the
essence
of
it
being
a
fact-‐finding
body.
As
they
have
acted
on
behalf
of
that
government,
and
within
the
scope
of
their
authority,
it
is
that
government,
and
not
the
petitioners
personally,
that
is
responsible
for
their
acts.
Secondly,
whatever
acts
or
utterances
that
then
President
Aquino
may
have
done
or
said,
Assuming
that
the
trial
can
proceed
and
it
is
proved
that
the
claimants
have
a
right
to
the
the
same
are
not
tantamount
to
the
State
having
waived
its
immunity
from
suit.
The
payment
of
damages,
such
award
will
have
to
be
satisfied
not
by
the
petitioners
in
their
President's
act
of
joining
the
marchers,
days
after
the
incident,
does
not
mean
that
there
personal
capacities
but
by
the
United
States
government
as
their
principal.
This
will
require
was
an
admission
by
the
State
of
any
liability.
In
fact
to
borrow
the
words
of
petitioners
that
government
to
perform
an
affirmative
act
to
satisfy
the
judgment,
viz.,
the
(Caylao
group),
"it
was
an
act
of
solidarity
by
the
government
with
the
people".
Moreover,
appropriation
of
the
necessary
amount
to
cover
the
damages
awarded,
thus
making
the
petitioners
rely
on
President
Aquino's
speech
promising
that
the
government
would
action
a
suit
against
that
government
without
its
consent.
address
the
grievances
of
the
rallyists.
By
this
alone,
it
cannot
be
inferred
that
the
State
has
admitted
any
liability,
much
less
can
it
be
inferred
that
it
has
consented
to
the
suit.
THE
DOCTRINE
OF
STATE
IMMUNITY
APPLIES
TO
FOREIGN
STATES
SUED
IN
THIS
Although
consent
to
be
sued
may
be
given
impliedly,
still
it
cannot
be
maintained
that
such
JURISDICTION.
-‐
There
should
be
no
question
by
now
that
such
complaint
cannot
prosper
consent
was
given
considering
the
circumstances
obtaining
in
the
instant
case.
unless
the
government
sought
to
be
held
ultimately
liable
has
given
its
consent
to
be
sued.
So
we
have
ruled
not
only
in
Baer
but
in
many
other
decisions
where
we
upheld
the
doctrine
of
state
immunity
as
applicable
not
only
to
our
own
government
but
also
to
foreign
Sanders
vs.
Veridiano
[G.R.
No.
L-‐46930,
June
10,
1988]
states
sought
to
be
subjected
to
the
jurisdiction
of
our
courts.
ACTS
COMMITTED
BY
THE
OFFICERS
IN
THEIR
OFFICIAL
CAPACITY
ARE
COVERED
BY
The
practical
justification
for
the
doctrine,
as
Holmes
put
it,
is
that
"there
can
be
no
legal
STATE
IMMUNITY.
-‐
It
is
stressed
at
the
outset
that
the
mere
allegation
that
a
government
right
against
the
authority
which
makes
the
law
on
which
the
right
depends."
In
the
case
functionary
is
being
sued
in
his
personal
capacity
will
not
automatically
remove
him
from
of
foreign
states,
the
rule
is
derived
from
the
principle
of
the
sovereign
equality
of
states
the
protection
of
the
law
of
public
officers
and,
if
appropriate,
the
doctrine
of
state
which
wisely
admonishes
that
par
in
parem
non
habet
imperium
and
that
a
contrary
attitude
immunity.
By
the
same
token,
the
mere
invocation
of
official
character
will
not
suffice
to
would
"unduly
vex
the
peace
of
nations."
Our
adherence
to
this
precept
is
formally
insulate
him
from
suability
and
liability
for
an
act
imputed
to
him
as
a
personal
tort
expressed
in
Article
II,
Section
2,
of
our
Constitution,
where
we
reiterate
from
our
previous
committed
without
or
in
excess
of
his
authority.
These
well-‐settled
principles
are
applicable
charters
that
the
Philippines
"adopts
the
generally
accepted
principles
of
international
law
not
only
to
the
officers
of
the
local
state
but
also
where
the
person
sued
in
its
courts
as
part
of
the
law
of
the
land.
pertains
to
the
government
of
a
foreign
state,
as
in
the
present
case.
par
in
parem
non
habet
imperium
(meaning,
an
equal
has
no
authority
over
an
equal)
It
is
abundantly
clear
in
the
present
case
that
the
acts
for
which
the
petitioners
are
being
called
to
account
were
performed
by
them
in
the
discharge
of
their
official
duties.
Sanders,
Festejo
vs.
Fernando
[G.R.
No.
L-‐5156,
March
11,
1954]
as
director
of
the
special
services
department
of
NAVSTA,
undoubtedly
had
supervision
over
its
personnel,
including
the
private
respondents,
and
had
a
hand
in
their
employment,
ACTS
COMMITTED
BY
OFFICIALS
OUTSIDE
THEIR
AUTHORITY
WILL
NOT
GIVE
RISE
TO
work
assignments,
discipline,
dismissal
and
other
related
matters.
It
is
not
disputed
that
the
THE
CONCEPT
OF
STATE
IMMUNITY.
Ordinarily
the
officer
or
employee
committing
the
letter
written
was
in
fact
a
reply
to
a
request
from
his
superior,
the
other
petitioner,
for
tort
is
personally
liable
therefor,
and
may
be
sued
as
any
other
citizen
and
held
answerable
more
information
regarding
the
case
of
the
private
respondents.
Moreover,
even
in
the
for
whatever
injury
or
damage
results
from
his
tortious
act."
—
49
Am.
Jur.
289.
.
.
If
an
absence
of
such
request,
he
still
was
within
his
rights
in
reacting
to
the
hearing
officer's
officer,
even
while
acting
under
color
of
his
office,
exceeds
the
power
conferred
on
him
by
criticism
—
in
effect
a
direct
attack
against
him
—
that
Special
Services
was
practicing
"an
law,
he
cannot
shelter
himself
under
the
plea
that
he
is
a
public
agent."
—
43
Am.
Jur.
86.
autocratic
form
of
supervision."
It
is
a
general
rule
that
an
officer-‐executive,
administrative
quasi-‐judicial,
ministerial,
or
As
for
Moreau,
what
he
is
claimed
to
have
done
was
write
the
Chief
of
Naval
Personnel
for
otherwise
who
acts
outside
the
scope
of
his
jurisdiction
and
without
authorization
of
law
concurrence
with
the
conversion
of
the
private
respondents'
type
of
employment
even
may
thereby
render
himself
amenable
to
personal
liability
in
a
civil
suit.
If
he
exceeds
the
before
the
grievance
proceedings
had
even
commenced.
Disregarding
for
the
nonce
the
power
conferred
on
him
by
law,
he
cannot
shelter
himself
by
the
plea
that
he
is
a
public
question
of
its
timeliness,
this
act
is
clearly
official
in
nature,
performed
by
Moreau
as
the
15
agent
acting
under
color
of
his
office,
and
not
personally.
In
the
eye
of
the
law,
his
acts
then
The
general
law
waiving
the
immunity
of
the
state
from
suit
is
found
in
Act
No.
3083,
under
are
wholly
without
authority."
—
43
Am.
Jur.
89-‐90.
which
the
Philippine
government
"consents
and
submits
to
be
sued
upon
any
moneyed
claim
involving
liability
arising
from
contract,
express
or
implied,
which
could
serve
as
a
United
States
vs.
Guinto
[G.R.
No.
76607,
February
26,
1990]
basis
of
civil
action
between
private
parties."
In
Merritt
v.
Government
of
the
Philippine
Islands,
a
special
law
was
passed
to
enable
a
person
to
sue
the
government
for
an
alleged
CONCEPT
OF
STATE
IMMUNITY.
-‐
The
rule
that
a
state
may
not
be
sued
without
its
consent,
tort.
When
the
government
enters
into
a
contract,
it
is
deemed
to
have
descended
to
the
now
expressed
in
Article
XVI,
Section
3,
of
the
1987
Constitution,
is
one
of
the
generally
level
of
the
other
contracting
party
and
divested
of
its
sovereign
immunity
from
suit
with
its
accepted
principles
of
international
law
that
we
have
adopted
as
part
of
the
law
of
our
land
implied
consent.
Waiver
is
also
implied
when
the
government
files
a
complaint,
thus
under
Article
II,
Section
2.
This
latter
provision
merely
reiterates
a
policy
earlier
embodied
opening
itself
to
a
counterclaim.
in
the
1935
and
1973
Constitutions
and
also
intended
to
manifest
our
resolve
to
abide
by
the
rules
of
the
international
community.
The
above
rules
are
subject
to
qualification.
Express
consent
is
effected
only
by
the
will
of
the
legislature
through
the
medium
of
a
duly
enacted
statute.
We
have
held
that
not
all
Even
without
such
affirmation,
we
would
still
be
bound
by
the
generally
accepted
principles
contracts
entered
into
by
the
government
will
operate
as
a
waiver
of
its
non-‐suability;
of
international
law
under
the
doctrine
of
incorporation.
Under
this
doctrine,
as
accepted
by
distinction
must
be
made
between
its
sovereign
and
proprietary
acts.
As
for
the
filing
of
a
the
majority
of
states,
such
principles
are
deemed
incorporated
in
the
law
of
every
civilized
complaint
by
the
government,
suability
will
result
only
where
the
government
is
claiming
state
as
a
condition
and
consequence
of
its
membership
in
the
society
of
nations.
Upon
its
affirmative
relief
from
the
defendant.
admission
to
such
society,
the
state
is
automatically
obligated
to
comply
with
these
principles
in
its
relations
with
other
states.
RESTRICTIVE
THEORY
OF
STATE
IMMUNITY.
-‐
There
is
no
question
that
the
United
States
of
America,
like
any
other
state,
will
be
deemed
to
have
impliedly
waived
its
non-‐suability
if
As
applied
to
the
local
state,
the
doctrine
of
state
immunity
is
based
on
the
justification
it
has
entered
into
a
contract
in
its
proprietary
or
private
capacity.
It
is
only
when
the
given
by
Justice
Holmes
that
"there
can
be
no
legal
right
against
the
authority
which
makes
contract
involves
its
sovereign
or
governmental
capacity
that
no
such
waiver
may
be
the
law
on
which
the
right
depends."
There
are
other
practical
reasons
for
the
enforcement
implied.
This
was
our
ruling
in
United
States
of
America
v.
Ruiz,
where
the
transaction
in
of
the
doctrine.
In
the
case
of
the
foreign
state
sought
to
be
impleaded
in
the
local
question
dealt
with
the
improvement
of
the
wharves
in
the
naval
installation
at
Subic
Bay.
jurisdiction,
the
added
inhibition
is
expressed
in
the
maxim
par
in
parem,
non
habet
As
this
was
a
clearly
governmental
function,
we
held
that
the
contract
did
not
operate
to
imperium.
All
states
are
sovereign
equals
and
cannot
assert
jurisdiction
over
one
another.
A
divest
the
United
States
of
its
sovereign
immunity
from
suit.
In
the
words
of
Justice
Vicente
contrary
disposition
would,
in
the
language
of
a
celebrated
case,
"unduly
vex
the
peace
of
Abad
Santos:
nations."
The
traditional
rule
of
immunity
exempts
a
State
from
being
sued
in
the
While
the
doctrine
appears
to
prohibit
only
suits
against
the
state
without
its
consent,
it
is
courts
of
another
State
without
its
consent
or
waiver.
This
rule
is
a
also
applicable
to
complaints
filed
against
officials
of
the
state
for
acts
allegedly
performed
necessary
consequence
of
the
principles
of
independence
and
equality
of
by
them
in
the
discharge
of
their
duties.
The
rule
is
that
if
the
judgment
against
such
States.
However,
the
rules
of
International
Law
are
not
petrified;
they
are
officials
will
require
the
state
itself
to
perform
an
affirmative
act
to
satisfy
the
same,
such
as
constantly
developing
and
evolving.
And
because
the
activities
of
states
the
appropriation
of
the
amount
needed
to
pay
the
damages
awarded
against
them,
the
suit
have
multiplied,
it
has
been
necessary
to
distinguish
them
—
between
must
be
regarded
as
against
the
state
itself
although
it
has
not
been
formally
impleaded.
In
sovereign
and
governmental
acts
(jure
imperii)
and
private,
commercial
such
a
situation,
the
state
may
move
to
dismiss
the
complaint
on
the
ground
that
it
has
been
and
proprietary
acts
(jure
gestionis).
The
result
is
that
State
immunity
filed
without
its
consent.
now
extends
only
to
acts
jure
imperii.
The
restrictive
application
of
State
immunity
is
now
the
rule
in
the
United
States,
the
United
Kingdom
and
The
doctrine
is
sometimes
derisively
called
"the
royal
prerogative
of
dishonesty"
because
of
other
states
in
Western
Europe.
the
privilege
it
grants
the
state
to
defeat
any
legitimate
claim
against
it
by
simply
invoking
its
non-‐suability.
That
is
hardly
fair,
at
least
in
democratic
societies,
for
the
state
is
not
an
xxx
xxx
xxx
unfeeling
tyrant
unmoved
by
the
valid
claims
of
its
citizens.
In
fact,
the
doctrine
is
not
absolute
and
does
not
say
the
state
may
not
be
sued
under
any
circumstance.
On
the
The
restrictive
application
of
State
immunity
is
proper
only
when
the
contrary,
the
rule
says
that
the
state
may
not
be
sued
without
its
consent,
which
clearly
proceedings
arise
out
of
commercial
transactions
of
the
foreign
imports
that
it
may
be
sued
if
it
consents.
sovereign,
its
commercial
activities
or
economic
affairs.
Stated
differently,
a
State
may
be
said
to
have
descended
to
the
level
of
an
WAIVER
OF
STATE
IMMUNITY.
The
consent
of
the
state
to
be
sued
may
be
manifested
individual
and
can
thus
be
deemed
to
have
tacitly
given
its
consent
to
be
expressly
or
impliedly.
Express
consent
may
be
embodied
in
a
general
law
or
a
special
law.
sued
only
when
it
enters
into
business
contracts.
It
does
not
apply
where
Consent
is
implied
when
the
state
enters
into
a
contract
or
it
itself
commences
litigation.
the
contract
relates
to
the
exercise
of
its
sovereign
functions.
In
this
case
the
projects
are
an
integral
part
of
the
naval
base
which
is
devoted
to
the
defense
of
both
the
United
States
and
the
Philippines,
indisputably
a
16
function
of
the
government
of
the
highest
order;
they
are
not
utilized
for
individual
and
can
thus
be
deemed
to
have
tacitly
given
its
consent
to
be
nor
dedicated
to
commercial
or
business
purposes.
sued
only
when
it
enters
into
a
business
contract.
It
does
not
apply
where
the
contract
relates
to
the
exercise
of
its
functions.'
(136
SCRA
SUABILITY
IS
NOT
SYNONYMOUS
WITH
LIABILITY.
-‐
The
private
respondent
invokes
487,
492.)
Article
2180
of
the
Civil
Code
which
holds
the
government
liable
if
it
acts
through
a
special
agent.
The
argument,
it
would
seem,
is
premised
on
the
ground
that
since
the
officers
are
"In
the
instant
case,
the
Memorandum
of
Agreement
entered
into
by
the
designated
"special
agents,"
the
United
States
government
should
be
liable
for
their
torts.
PC
Chief
and
PADPAO
was
intended
to
professionalize
the
industry
and
to
standardize
the
salaries
of
security
guards
as
well
as
the
current
rates
There
seems
to
be
a
failure
to
distinguish
between
suability
and
liability
and
a
of
security
services,
clearly,
a
governmental
function.
The
execution
of
misconception
that
the
two
terms
are
synonymous.
Suability
depends
on
the
consent
of
the
the
said
agreement
is
incidental
to
the
purpose
of
R.A.
5487,
as
amended,
state
to
be
sued,
liability
on
the
applicable
law
and
the
established
facts.
The
circumstance
which
is
to
regulate
the
organization
and
operation
of
private
detective,
that
a
state
is
suable
does
not
necessarily
mean
that
it
is
liable;
on
the
other
hand,
it
can
watchmen
or
security
guard
agencies.
(Emphasis
Ours.)"
(pp.
258-‐259,
never
be
held
liable
if
it
does
not
first
consent
to
be
sued.
Liability
is
not
conceded
by
the
Rollo.)
mere
fact
that
the
state
has
allowed
itself
to
be
sued.
When
the
state
does
waive
its
sovereign
immunity,
it
is
only
giving
the
plaintiff
the
chance
to
prove,
if
it
can,
that
the
The
state
immunity
doctrine
rests
upon
reasons
of
public
policy
and
the
inconvenience
and
defendant
is
liable.
danger
which
would
flow
from
a
different
rule.
"It
is
obvious
that
public
service
would
be
hindered,
and
public
safety
endangered,
if
the
supreme
authority
could
be
subjected
to
suits
The
said
article
establishes
a
rule
of
liability,
not
suability.
The
government
may
be
held
at
the
instance
of
every
citizen,
and,
consequently,
controlled
in
the
use
and
disposition
of
liable
under
this
rule
only
if
it
first
allows
itself
to
be
sued
through
any
of
the
accepted
the
means
required
for
the
proper
administration
of
the
government"
(Siren
vs.
U.S.
Wall,
forms
of
consent.
152,
19
L.
ed.
129,
as
cited
in
78
SCRA
477).
In
the
same
vein,
this
Court
in
Republic
vs.
Purisima
(78
SCRA
470,
473)
rationalized:
Moreover,
the
agent
performing
his
regular
functions
is
not
a
special
agent
even
if
he
is
so
denominated,
as
in
the
case
at
bar.
No
less
important,
the
said
provision
appears
to
regulate
"Nonetheless,
a
continued
adherence
to
the
doctrine
of
nonsuability
is
only
the
relations
of
the
local
state
with
its
inhabitants
and,
hence,
applies
only
to
the
not
to
be
deplored
for
as
against
the
inconvenience
that
may
be
cause
Philippine
government
and
not
to
foreign
governments
impleaded
in
our
courts.
[by]
private
parties,
the
loss
of
governmental
efficiency
and
the
obstacle
to
the
performance
of
its
multifarious
functions
are
far
greater
if
such
a
Veterans
Manpower
&
Protective
Services,
Inc.
vs.
CA
[G.R.
No.
91359,
September
fundamental
principle
were
abandoned
and
the
availability
of
judicial
25,
1992]
remedy
were
not
thus
restricted.
With
the
well
known
propensity
on
the
part
of
our
people
to
go
to
court,
at
the
least
provocation,
the
loss
of
time
WAIVER
OF
STATE
IS
CONSTRUED
STRICTISSIMI
JURIS.
-‐
Waiver
of
the
State's
immunity
and
energy
required
to
defend
against
law
suits,
in
the
absence
of
such
a
from
suit,
being
a
derogation
of
sovereignty,
will
not
be
lightly
inferred,
but
must
be
basic
principle
that
constitutes
such
an
effective
obstacles,
could
very
construed
strictissimi
juris
(Republic
vs.
Feliciano,
148
SCRA
424).
The
consent
of
the
State
well
be
imagined."
(citing
Providence
Washington
Insurance
Co.
vs.
to
be
sued
must
emanate
from
statutory
authority,
hence,
from
a
legislative
act,
not
from
a
Republic,
29
SCRA
598.)
mere
memorandum.
Without
such
consent,
the
trial
court
did
not
acquire
jurisdiction
over
the
public
respondents.
Merritt
vs.
Government
of
Philippine
Islands
[G.R.
No.
11154,
March
21,
1916]
We
agree
with
the
observation
of
the
Court
of
Appeals
that
the
Memorandum
of
Agreement
SPECIAL
LAW
WAIVING
STATE
IMMUNITY.
-‐
Act
No.
2457,
effective
February
3,
1915,
dated
May
12,
1986
does
not
constitute
an
implied
consent
by
the
State
to
be
sued:
reads:
"The
Memorandum
of
Agreement
dated
May
12,
1986
was
entered
into
"An
act
authorizing
E.
Merritt
to
bring
suit
against
the
Government
of
the
by
the
PC
Chief
in
relation
to
the
exercise
of
a
function
sovereign
in
Philippine
Islands
and
authorizing
the
Attorney-‐General
of
said
Islands
nature.
The
correct
test
for
the
application
of
state
immunity
is
not
the
to
appear
in
said
suit.
conclusion
of
a
contract
by
the
State
but
the
legal
nature
of
the
act.
This
was
clearly
enunciated
in
the
case
of
United
States
of
America
vs.
Ruiz
"Whereas
a
claim
has
been
filed
against
the
Government
of
the
where
the
Hon.
Supreme
Court
held:
Philippine
Islands
by
Mr.
E.
Merritt,
of
Manila,
for
damages
resulting
from
a
collision
between
his
motorcycle
and
the
ambulance
of
the
"'The
restrictive
application
of
State
immunity
is
proper
only
when
the
General
Hospital
on
March
twenty-‐fifth,
nineteen
hundred
and
thirteen;
proceedings
arise
out
of
commercial
transactions
of
the
foreign
sovereign,
its
commercial
activities
or
economic
affairs.
Stated
differently,
a
State
may
be
said
to
have
descended
to
the
level
of
an
17
"Whereas
it
is
not
known
who
is
responsible
for
the
accident
nor
is
it
SUABILITY
VS.
LIABILITY.
-‐
As
to
the
scope
of
legislative
enactments
permitting
individuals
possible
to
determine
the
amount
of
damages,
if
any,
to
which
the
to
sue
the
state
where
the
cause
of
action
arises
out
of
either
tort
or
contract,
the
rule
is
claimant
is
entitled;
and
stated
in
36
Cyc.,
915,
thus:
"Whereas
the
Director
of
Public
Works
and
the
Attorney-‐General
"By
consenting
to
be
sued
a
state
simply
waives
its
immunity
from
suit.
It
recommend
that
an
act
be
passed
by
the
Legislature
authorizing
Mr.
E.
does
not
thereby
concede
its
liability
to
plaintiff,
or
create
any
cause
of
Merritt
to
bring
suit
in
the
courts
against
the
Government,
in
order
that
action
in
his
favor,
or
extend
its
liability
to
any
cause
not
previously
said
questions
may
be
decided:
Now,
therefore,
recognized.
It
merely
gives
a
remedy
to
enforce
a
preexisting
liability
and
submits
itself
to
the
jurisdiction
of
the
court,
subject
to
its
right
to
"By
authority
of
the
United
States,
be
it
enacted
by
the
Philippine
interpose
any
lawful
defense."
Legislature,
that:
In
Apfelbacher
vs.
State
(152
N.
W.,
144,
advanced
sheets),
decided
April
16,
1915,
the
Act
"SECTION
1.
E.
Merritt
is
hereby
authorized
to
bring
suit
in
the
Court
of
1913,
which
authorized
the
bringing
of
this
suit,
read:
of
First
Instance
of
the
city
of
Manila
against
the
Government
of
the
Philippine
Islands
in
order
to
fix
the
responsibility
for
the
collision
"SECTION
1.
Authority
is
hereby
given
to
George
Apfelbacher,
of
between
his
motorcycle
and
the
ambulance
of
the
General
Hospital,
and
the
town
of
Summit,
Waukesha
County,
Wisconsin,
to
bring
suit
in
such
to
determine
the
amount
of
the
damages,
if
any,
to
which
Mr.
E.
Merritt
is
court
or
courts
and
in
such
form
or
forms
as
he
may
be
advised
for
the
entitled
on
account
of
said
collision,
and
the
attorney-‐General
of
the
purpose
of
settling
and
determining
all
controversies
which
he
may
now
Philippine
Islands
is
hereby
authorized
and
directed
to
appear
at
the
have
with
the
State
of
Wisconsin,
or
its
duly
authorized
officers
and
trial
on
the
behalf
of
the
Government
of
said
Islands,
to
defend
said
agents,
relative
to
the
mill
property
of
said
George
Apfelbacher,
the
fish
Government
at
the
same.
hatchery
of
the
State
Wisconsin
on
the
Bark
River,
and
the
mill
property
of
Evan
Humphrey
at
the
lower
end
of
Nagawicka
Lake,
and
relative
to
"SEC.
2.
This
Act
shall
take
effect
on
its
passage.
the
use
of
the
waters
of
said
Bark
River
and
Nagawicka
Lake,
all
in
the
county
of
Waukesha,
Wisconsin."
"Enacted,
February
3,
1915."
In
determining
the
scope
of
this
act,
the
court
said;
Did
the
defendant,
in
enacting
the
above
quoted
act,
simply
waive
its
immunity
from
suit
or
did
it
also
concede
its
liability
to
the
plaintiff?
If
only
the
former,
then
it
cannot
be
held
that
"Plaintiff
claims
that
by
the
enactment
of
this
law
the
legislature
the
Act
created
any
new
cause
of
action
in
favor
of
the
plaintiff
or
extended
the
defendant's
admitted
liability
on
the
part
of
the
state
for
the
acts
of
its
officers,
and
liability
to
any
case
not
previously
recognized.
that
the
suit
now
stands
just
as
it
would
stand
between
private
parties.
It
is
difficult
to
see
how
the
act
does,
or
was
intended
to
do,
more
than
All
admit
that
the
Insular
Government
(the
defendant)
cannot
be
sued
by
an
individual
remove
the
state's
immunity
from
suit.
It
simply
gives
authority
to
without
its
consent.
It
is
also
admitted
that
the
instant
case
is
one
against
the
Government.
commence
suit
for
the
purpose
of
settling
plaintiff's
controversies
with
As
the
consent
of
the
Government
to
be
sued
by
the
plaintiff
was
entirely
voluntary
on
its
the
state.
Nowhere
in
the
act
is
there
a
whisper
or
suggestion
that
the
part,
it
is
our
duty
to
look
carefully
into
the
terms
of
the
consent,
and
render
judgment
court
or
courts
in
the
disposition
of
the
suit
shall
depart
from
well
accordingly.
established
principles
of
law,
or
that
the
amount
of
damages
is
the
only
question
to
be
settled.
The
act
opened
the
door
of
the
court
to
the
The
plaintiff
was
authorized
to
bring
this
action
against
the
Government
"in
order
to
fix
the
plaintiff.
It
did
not
pass
upon
the
question
of
liability,
but
left
the
suit
just
responsibility
for
the
collision
between
his
motorcycle
and
the
ambulance
of
the
General
where
it
would
be
in
the
absence
of
the
state's
immunity
from
suit.
If
the
Hospital
and
to
determine
the
amount
of
the
damages,
if
any,
to
which
Mr.
E.
Merritt
is
Legislature
had
intended
to
change
the
rule
that
obtained
in
this
state
so
entitled
on
account
of
said
collision,
.
.
.
."
These
were
the
two
questions
submitted
to
the
long
and
to
declare
liability
on
the
part
of
the
state,
it
would
not
have
left
court
for
determination.
The
Act
was
passed
"in
order
that
said
questions
may
be
decided."
so
important
a
matter
to
mere
inference
but
would
have
done
so
in
We
have
"decided"
that
the
accident
was
due
solely
to
the
negligence
of
the
chauffeur,
who
express
terms.
(Murdoc
Grate
Co.
vs.
Commonwealth,
152
Mass.,
28;
24
was
at
the
time
an
employee
of
the
defendant,
and
we
have
also
fixed
the
amount
of
N.
E.,
854;
8
L.
R.A.,
399)
damages
sustained
by
the
plaintiff
as
a
result
of
the
collision.
Does
the
Act
authorize
us
to
hold
that
the
Government
is
legally
liable
for
that
amount?
If
not,
we
must
look
elsewhere
It
being
quite
clear
that
Act
No.
2457
does
not
operate
to
extend
the
Government's
liability
for
such
authority,
if
it
exists.
to
any
cause
not
previously
recognized,
we
will
now
examine
the
substantive
law
touching
the
defendant's
liability
for
the
negligent
acts
of
its
officers,
agents,
and
employees.
Paragraph
5
of
article
1903
of
the
civil
Code
reads:
18
"The
state
is
liable
in
this
sense
when
it
acts
through
a
special
agent,
but
not
when
the
damage
should
have
been
caused
by
the
official
to
whom
The
State
is,
of
course,
immune
from
suit
in
the
sense
that
it
cannot,
as
a
rule,
be
sued
properly
it
pertained
to
do
the
act
performed,
in
which
case
the
without
its
consent.
But
it
is
axiomatic
that
in
filing
an
action,
it
divests
itself
of
its
sovereign
provisions
of
the
preceding
article
shall
be
applicable."
character
and
sheds
its
immunity
from
suit,
descending
to
the
level
of
an
ordinary
litigant.
The
PCGG
cannot
claim
a
superior
or
preferred
status
to
the
State,
even
while
assuming
to
Amigable
vs.
Cuenca
[G.R.
No.
L-‐26400,
February
29,
1972]
represent
or
act
for
the
State.
THE
DOCTRINE
OF
STATE
IMMUNITY
CANNOT
BE
USED
TO
PERPETRATE
INJUSTICE.
-‐
In
The
suggestion
that
the
State
makes
no
implied
waiver
of
immunity
by
filing
suit
except
the
case
of
Ministerio
vs.
Court
of
First
Instance
of
Cebu,
1
involving
a
claim
for
payment
of
when
in
so
doing
it
acts
in,
or
in
matters
concerning,
its
proprietary
or
non-‐governmental
the
value
of
a
portion
of
land
used
for
the
widening
of
the
Gorordo
Avenue
in
Cebu
City,
this
capacity,
is
unacceptable;
it
attempts
a
distinction
without
support
in
principle
or
Court,
through
Mr.
Justice
Enrique
M.
Fernando,
held
that
where
the
government
takes
precedent.
On
the
contrary
—
away
property
from
a
private
landowner
for
public
use
without
going
through
the
legal
process
of
expropriation
or
negotiated
sale,
the
aggrieved
party
may
properly
maintain
a
"The
consent
of
the
State
to
be
sued
may
be
given
expressly
or
impliedly.
suit
against
the
government
without
thereby
violating
the
doctrine
of
governmental
Express
consent
may
be
manifested
either
through
a
general
law
or
a
immunity
from
suit
without
its
consent.
We
there
said:
special
law.
Implied
consent
is
given
when
the
State
itself
commences
litigation
or
when
it
enters
into
a
contract."
".
.
.
If
the
constitutional
mandate
that
the
owner
be
compensated
for
property
taken
for
public
use
were
to
be
respected,
as
it
should,
then
a
"The
immunity
of
the
State
from
suits
does
not
deprive
it
of
the
right
to
suit
of
this
character
should
not
be
summarily
dismissed.
The
doctrine
of
sue
private
parties
in
its
own
courts.
The
state
as
plaintiff
may
avail
itself
governmental
immunity
from
suit
cannot
serve
as
an
instrument
for
of
the
different
forms
of
actions
open
to
private
litigants.
In
short,
by
perpetrating
an
injustice
on
a
citizen.
Had
the
government
followed
the
taking
the
initiative
in
an
action
against
the
private
parties,
the
state
procedure
indicated
by
the
governing
law
at
the
time,
a
complaint
would
surrenders
its
privileged
position
and
comes
down
to
the
level
of
the
have
been
filed
by
it,
and
only
upon
payment
of
the
compensation
fixed
defendant.
The
latter
automatically
acquires,
within
certain
limits,
the
by
the
judgment,
or
after
tender
to
the
party
entitled
to
such
payment
of
right
to
set
up
whatever
claims
and
other
defenses
he
might
have
against
the
amount
fixed,
may
it
have
the
right
to
enter
in
and
upon
the
land
so
the
state.
.
.
.
(Sinco,
Philippine
Political
Law,
Tenth
E.,
pp.
36-‐37,
citing
condemned,
to
appropriate
the
same
to
the
public
use
defined
in
the
U.S.
vs.
Ringgold,
8
Pet.
150,
8
L.ed.
899)'"
51
judgment.'
If
there
were
an
observance
of
procedural
regularity,
petitioners
would
not
be
in
the
sad
plaint
they
are
now.
It
is
unthinkable
It
can
hardly
be
doubted
that
in
exercising
the
right
of
eminent
domain,
the
State
exercises
then
that
precisely
because
there
was
a
failure
to
abide
by
what
the
law
its
jus
imperii,
as
distinguished
from
its
proprietary
rights
or
jus
gestionis.
Yet,
even
in
that
requires,
the
government
would
stand
to
benefit.
It
is
just
as
important,
if
area,
it
has
been
held
that
where
private
property
has
been
taken
in
expropriation
without
not
more
so,
that
there
be
fidelity
to
legal
norms
on
the
part
of
just
compensation
being
paid,
the
defense
of
immunity
from
suit
cannot
be
set
up
by
the
officialdom
if
the
rule
of
law
were
to
be
maintained.
It
is
not
too
much
to
State
against
an
action
for
payment
by
the
owner.
say
that
when
the
government
takes
any
property
for
public
use,
which
is
conditioned
upon
the
payment
of
just
compensation,
to
be
judicially
Republic
vs.
Feliciano
[G.R.
No.
70853,
March
12,
1987]
ascertained,
it
makes
manifest
that
it
submits
to
the
jurisdiction
of
a
court.
There
is
no
thought
then
that
the
doctrine
of
immunity
from
suit
We
find
the
petition
meritorious.
The
doctrine
of
non-‐suability
of
the
State
has
proper
could
still
be
appropriately
invoked."
application
in
this
case.
The
plaintiff
has
impleaded
the
Republic
of
the
Philippines
as
defendant
in
an
action
for
recovery
of
ownership
and
possession
of
a
parcel
of
land,
Republic
vs.
Sandiganbayan
[G.R.
No.
90478,
November
21,
1991]
bringing
the
State
to
court
just
like
any
private
person
who
is
claimed
to
be
usurping
a
piece
of
property.
A
suit
for
the
recovery
of
property
is
not
an
action
in
rem,
but
an
action
in
STATE
IMPLIEDLY
WAIVES
ITS
IMMUNITY
WHEN
IT
COMMENCES
LITIGATION.
-‐
So,
too,
personam.
It
is
an
action
directed
against
a
specific
party
or
parties,
and
any
judgment
the
PCGG's
postulation
that
none
of
its
members
may
be
"required
to
testify
or
produce
therein
binds
only
such
party
or
parties.
The
complaint
filed
by
plaintiff,
the
private
evidence
in
any
judicial
.
.
.
proceeding
concerning
matters
within
its
official
cognizance,"
respondent
herein,
is
directed
against
the
Republic
of
the
Philippines,
represented
by
the
has
no
application
to
a
judicial
proceeding
it
has
itself
initiated.
As
just
suggested,
the
act
of
Land
Authority,
a
governmental
agency
created
by
Republic
Act
No.
3844.
bringing
suit
must
entail
a
waiver
of
the
exemption
from
giving
evidence;
by
bringing
suit
it
brings
itself
within
the
operation
and
scope
of
all
the
rules
governing
civil
actions,
including
By
its
caption
and
its
allegation
and
prayer,
the
complaint
is
clearly
a
suit
against
the
State,
the
rights
and
duties
under
the
rules
of
discovery.
Otherwise,
the
absurd
would
have
to
be
which
under
settled
jurisprudence
is
not
permitted,
except
upon
a
showing
that
the
State
conceded,
that
while
the
parties
it
has
impleaded
as
defendants
may
be
required
to
has
consented
to
be
sued,
either
expressly
or
by
implication
through
the
use
of
statutory
"disgorge
all
the
facts"
within
their
knowledge
and
in
their
possession,
it
may
not
itself
be
language
too
plain
to
be
misinterpreted.
There
is
no
such
showing
in
the
instant
case.
subject
to
a
like
compulsion.
19
Worse,
the
complaint
itself
fails
to
allege
the
existence
of
such
consent.
This
is
a
fatal
defect,
and
can
thus
be
deemed
to
have
tacitly
given
its
consent
to
be
sued
only
when
it
enters
into
and
on
this
basis
alone,
the
complaint
should
have
been
dismissed.
business
contracts.
It
does
not
apply
where
the
contract
relates
to
the
exercise
of
its
sovereign
functions.
In
this
case
the
projects
are
an
integral
part
of
the
naval
base
which
is
THE
STATE
IMMUNITY
MAY
BE
INVOKED
AT
ANY
STAGE
OF
THE
PROCEEDINGS.
-‐
The
devoted
to
the
defense
of
both
the
United
States
and
the
Philippines,
indisputably
a
function
failure
of
the
petitioner
to
assert
the
defense
of
immunity
from
suit
when
the
case
was
tried
of
the
government
of
the
highest
order;
they
are
not
utilized
for
nor
dedicated
to
before
the
court
a
quo,
as
alleged
by
private
respondent,
is
not
fatal.
It
is
now
settled
that
commercial
or
business
purposes.
such
defense
"may
be
invoked
by
the
courts
sua
sponte
at
any
stage
of
the
proceedings."
That
the
correct
test
for
the
application
of
State
immunity
is
not
the
conclusion
of
a
contract
EXPRESS
WAIVER
OF
IMMUNITY
MUST
BE
THROUGH
LEGISLATIVE
ACT.
-‐
Private
by
a
State
but
the
legal
nature
of
the
act
is
shown
in
Syquia
vs.
Lopez,
84
Phil.
312
(1949).
In
respondent
contends
that
the
consent
of
petitioner
may
be
read
from
the
Proclamation
that
case
the
plaintiffs
leased
three
apartment
buildings
to
the
United
States
of
America
for
itself,
when
it
established
the
reservation
"subject
to
private
rights,
if
any
there
be."
We
do
the
use
of
its
military
officials.
The
plaintiffs
sued
to
recover
possession
of
the
premises
on
not
agree.
No
such
consent
can
be
drawn
from
the
language
of
the
Proclamation.
The
the
ground
that
the
term
of
the
leases
had
expired,
They
also
asked
for
increased
rentals
exclusion
of
existing
private
rights
from
the
reservation
established
by
Proclamation
No.
90
until
the
apartments
shall
have
been
vacated.
can
not
be
construed
as
a
waiver
of
the
immunity
of
the
State
from
suit.
Waiver
of
immunity,
being
a
derogation
of
sovereignty,
will
not
be
inferred
lightly,
but
must
be
The
Holy
See
vs.
Rosario
[G.R.
No.
101949,
December
1,
1994]
construed
in
strictissimi
juris.
Moreover,
the
Proclamation
is
not
a
legislative
act.
The
consent
of
the
State
to
be
sued
must
emanate
from
statutory
authority.
Waiver
of
State
PROCEDURE
IN
INVOKING
STATE
IMMUNITY
BY
FOREIGN
STATES.
-‐
In
Public
immunity
can
only
be
made
by
an
act
of
the
legislative
body.
International
Law,
when
a
state
or
international
agency
wishes
to
plead
sovereign
or
diplomatic
immunity
in
a
foreign
court,
it
requests
the
Foreign
Office
of
the
state
where
it
is
Neither
is
there
merit
in
respondent's
submission.
which
the
respondent
appellate
court
sued
to
convey
to
the
court
that
said
defendant
is
entitled
to
immunity.
sustained,
on
the
basis
of
our
decision
in
the
Begosa
case,
that
the
present
action
is
not
a
suit
against
the
State
within
the
rule
of
State
immunity
from
suit,
because
plaintiff
does
not
In
the
United
States,
the
procedure
followed
is
the
process
of
"suggestion,"
where
the
seek
to
divest
the
Government
of
any
of
its
lands
or
its
funds.
It
is
contended
that
the
foreign
state
or
the
international
organization
sued
in
an
American
court
requests
the
complaint
involves
land
not
owned
by
the
State,
but
private
land
belonging
to
the
plaintiff,
Secretary
of
State
to
make
a
determination
as
to
whether
it
is
entitled
to
immunity.
If
the
hence
the
Government
is
not
being
divested
of
any
of
its
properties.
There
is
some
sophistry
Secretary
of
State
finds
that
the
defendant
is
immune
from
suit,
he,
in
turn,
asks
the
involved
in
this
argument,
since
the
character
of
the
land
sought
to
be
recovered
still
Attorney
General
to
submit
to
the
court
a
"suggestion"
that
the
defendant
is
entitled
to
remains
to
be
established,
and
the
plaintiff's
action
is
directed
against
the
State
precisely
to
immunity.
In
England,
a
similar
procedure
is
followed,
only
the
Foreign
Office
issues
a
compel
the
latter
to
litigate
the
ownership
and
possession
of
the
property.
In
other
words,
certification
to
that
effect
instead
of
submitting
a
"suggestion"
(O'Connell,
I
International
the
plaintiff
is
out
to
establish
that
he
is
the
owner
of
the
land
in
question
based,
Law
130
[1965];
Note:
Immunity
from
Suit
of
Foreign
Sovereign
Instrumentalities
and
incidentally,
on
an
informacion
posesoria
of
dubious
value,
and
he
seeks
to
establish
his
Obligations,
50
Yale
Law
Journal
1088
[1941]).
claim
of
ownership
by
suing
the
Republic
of
the
Philippines
in
an
action
in
personam.
In
the
Philippines,
the
practice
is
for
the
foreign
government
or
the
international
organization
to
first
secure
an
executive
endorsement
of
its
claim
of
sovereign
or
United
States
vs.
Ruiz
[G.R.
No.
L-‐35645,
May
22,
1985]
diplomatic
immunity.
But
how
the
Philippine
Foreign
Office
conveys
its
endorsement
to
the
courts
varies.
In
International
Catholic
Migration
Commission
v.
Calleja,
190
SCRA
130
RESTRICTIVE
THEORY
OF
STATE
IMMUNITY.
The
traditional
rule
of
State
immunity
(1990),
the
Secretary
of
Foreign
Affairs
just
sent
a
letter
directly
to
the
Secretary
of
Labor
exempts
a
State
from
being
sued
in
the
courts
of
another
State
without
its
consent
or
and
Employment,
informing
the
latter
that
the
respondent-‐employer
could
not
be
sued
waiver.
This
rule
is
a
necessary
consequence
of
the
principles
of
independence
and
equality
because
it
enjoyed
diplomatic
immunity.
In
World
Health
Organization
v.
Aquino,
48
SCRA
of
States.
However,
the
rules
of
International
Law
are
not
petrified;
they
are
constantly
242
(1972),
the
Secretary
of
Foreign
Affairs
sent
the
trial
court
a
telegram
to
that
effect.
In
developing
and
evolving.
And
because
the
activities
of
states
have
multiplied,
it
has
been
Baer
v.
Tizon,
57
SCRA
1
(1974),
the
U.S.
Embassy
asked
the
Secretary
of
Foreign
Affairs
to
necessary
to
distinguish
them
—
between
sovereign
and
governmental
acts
(jure
imperii)
request
the
Solicitor
General
to
make,
in
behalf
of
the
Commander
of
the
United
States
and
private,
commercial
and
proprietary
acts
(jure
gestionis).
The
result
is
that
State
Naval
Base
at
Olongapo
City,
Zambales,
a
"suggestion"
to
respondent
Judge.
The
Solicitor
immunity
now
extends
only
to
acts
jure
imperii.
The
restrictive
application
of
State
General
embodied
the
"suggestion"
in
a
Manifestation
and
Memorandum
as
amicus
curiae.
immunity
is
now
the
rule
in
the
United
States,
the
United
Kingdom
and
other
states
in
western
Europe.
(See
Coquia
and
Defensor-‐Santiago,
Public
International
Law,
pp.
207-‐209
TWO
CONFLICTING
CONCEPTS
OF
SOVEREIGN
IMMUNITY.
-‐
There
are
two
conflicting
[1984].)
concepts
of
sovereign
immunity,
each
widely
held
and
firmly
established.
According
to
the
classical
or
absolute
theory,
a
sovereign
cannot,
without
its
consent,
be
made
a
respondent
The
restrictive
application
of
State
immunity
is
proper
only
when
the
proceedings
arise
out
in
the
courts
of
another
sovereign.
According
to
the
newer
or
restrictive
theory,
the
of
commercial
transactions
of
the
foreign
sovereign,
its
commercial
activities
or
economic
immunity
of
the
sovereign
is
recognized
only
with
regard
to
public
acts
or
acts
jure
imperii
affairs.
Stated
differently,
a
State
may
be
said
to
have
descended
to
the
level
of
an
individual
of
a
state,
but
not
with
regard
to
private
acts
or
acts
jure
gestionis
(United
States
of
America
20
v.
Ruiz,
136
SCRA
487
[1987];
Coquia
and
Defensor-‐Santiago,
Public
International
Law
194
not
dissimilar.
So
it
was
indicated
in
a
recent
decision,
Providence
Washington
Insurance
[1984]).
Co.
v.
Republic
of
the
Philippines,
with
its
affirmation
that
"a
continued
adherence
to
the
doctrine
of
non-‐suability
is
not
to
be
deplored
for
as
against
the
inconvenience
that
may
be
In
the
absence
of
legislation
defining
what
activities
and
transactions
shall
be
considered
caused
private
parties,
the
loss
of
governmental
efficiency
and
the
obstacle
to
the
"commercial"
and
as
constituting
acts
jure
gestionis,
we
have
to
come
out
with
our
own
performance
of
its
multifarious
functions
are
far
greater
if
such
a
fundamental
principle
guidelines,
tentative
they
may
be.
were
abandoned
and
the
availability
of
judicial
remedy
were
not
thus
restricted.
With
the
well
known
propensity
on
the
part
of
our
people
to
go
to
court,
at
the
least
provocation,
the
Certainly,
the
mere
entering
into
a
contract
by
a
foreign
state
with
a
private
party
cannot
be
loss
of
time
and
energy
required
to
defend
against
law
suits,
in
the
absence
of
such
a
basic
the
ultimate
test.
Such
an
act
can
only
be
the
start
of
the
inquiry.
The
logical
question
is
principle
that
constitutes
such
an
effective
obstacle,
could
very
well
be
imagined."
whether
the
foreign
state
is
engaged
in
the
activity
in
the
regular
course
of
business.
If
the
foreign
state
is
not
engaged
regularly
in
a
business
or
trade,
the
particular
act
or
This
fundamental
postulate
underlying
the
1935
Constitution
is
now
made
explicit
in
the
transaction
must
then
be
tested
by
its
nature.
If
the
act
is
in
pursuit
of
a
sovereign
activity,
revised
charter.
It
is
therein
expressly
provided:
"The
State
may
not
be
sued
without
its
or
an
incident
thereof,
then
it
is
an
act
jure
imperii,
especially
when
it
is
not
undertaken
for
consent."
A
corollary,
both
dictated
by
logic
and
sound
sense
from
such
a
basic
concept
is
gain
or
profit.
that
public
funds
cannot
be
the
object
of
a
garnishment
proceeding
even
if
the
consent
to
be
sued
had
been
previously
granted
and
the
state
liability
adjudged.
Thus
in
the
recent
case
of
REMEDY
OF
THE
COMPLAINANTS
WHEN
THE
STATE
IMMUNITY
IS
INVOKED.
-‐
Private
Commissioner
of
Public
Highways
v.
San
Diego,
such
a
well-‐settled
doctrine
was
restated
respondent
is
not
left
without
any
legal
remedy
for
the
redress
of
its
grievances.
Under
both
in
the
opinion
of
Justice
Teehankee:
"The
universal
rule
that
where
the
State
gives
its
Public
International
Law
and
Transnational
Law,
a
person
who
feels
aggrieved
by
the
acts
consent
to
be
sued
by
private
parties
either
by
general
or
special
law,
it
may
limit
claimant's
of
a
foreign
sovereign
can
ask
his
own
government
to
espouse
his
cause
through
diplomatic
action
`only
up
to
the
completion
of
proceedings
anterior
to
the
stage
of
execution'
and
that
channels.
the
power
of
the
Courts
ends
when
the
judgment
is
rendered,
since
government
funds
and
properties
may
not
be
seized
under
writs
of
execution
or
garnishment
to
satisfy
such
Private
respondent
can
ask
the
Philippine
government,
through
the
Foreign
Office,
to
judgments,
is
based
on
obvious
considerations
of
public
policy.
Disbursements
of
public
espouse
its
claims
against
the
Holy
See.
Its
first
task
is
to
persuade
the
Philippine
funds
must
be
covered
by
the
corresponding
appropriation
as
required
by
law.
The
government
to
take
up
with
the
Holy
See
the
validity
of
its
claims.
Of
course,
the
Foreign
functions
and
public
services
rendered
by
the
State
cannot
be
allowed
to
be
paralyzed
or
Office
shall
first
make
a
determination
of
the
impact
of
its
espousal
on
the
relations
disrupted
by
the
diversion
of
public
funds
from
their
legitimate
and
specific
objects,
as
between
the
Philippine
government
and
the
Holy
See
(Young,
Remedies
of
Private
appropriated
by
law."
Such
a
principle
applies
even
to
an
attempted
garnishment
of
a
Claimants
Against
Foreign
States,
Selected
Readings
on
Protection
by
Law
of
Private
salary
that
had
accrued
in
favor
of
an
employee.
Director
of
Commerce
and
Industry
v.
Foreign
Investments
905,
919
[1964]).
Once
the
Philippine
government
decides
to
espouse
Concepcion,
speaks
to
that
effect.
Justice
Malcolm
as
ponente
left
no
doubt
on
that
score.
the
claim,
the
latter
ceases
to
be
a
private
cause.
Thus:
"A
rule,
which
has
never
been
seriously
questioned,
is
that
money
in
the
hands
of
public
officers,
although
it
may
be
due
government
employees,
is
not
liable
to
the
creditors
According
to
the
Permanent
Court
of
International
Justice,
the
forerunner
of
the
of
these
employees
in
the
process
of
garnishment.
One
reason
is,
that
the
State,
by
virtue
of
International
Court
of
Justice:
its
sovereignty,
may
not
be
sued
in
its
own
courts
except
by
express
authorization
by
the
Legislature,
and
to
subject
its
officers
to
garnishment
would
be
to
permit
indirectly
what
is
"By
taking
up
the
case
of
one
of
its
subjects
and
by
reporting
to
prohibited
directly.
Another
reason
is
that
moneys
sought
to
be
garnished,
as
long
as
they
diplomatic
action
or
international
judicial
proceedings
on
his
behalf,
a
remain
in
the
hands
of
the
disbursing
officer
of
the
Government,
belong
to
the
latter,
State
is
in
reality
asserting
its
own
rights
—
its
right
to
ensure,
in
the
although
the
defendant
in
garnishment
may
be
entitled
to
a
specific
portion
thereof.
And
person
of
its
subjects,
respect
for
the
rules
of
international
law
(The
still
another
reason
which
covers
both
of
the
foregoing
is
that
every
consideration
of
public
Mavrommatis
Palestine
Concessions,
1
Hudson,
World
Court
Reports
policy
forbids
it."
293,
302
[1924]).
Department
of
Agriculture
vs.
NLRC
[G.R.
No.
104269,
November
11,
1993]
Republic
vs.
Villasor
[G.R.
No.
L-‐30671,
November
28,
1973]
FORMS
OF
WAIVER
OF
IMMUNITY.
-‐
The
basic
postulate
enshrined
in
the
constitution
that
"(t)he
State
may
not
be
sued
without
its
consent,"
reflects
nothing
less
than
a
recognition
of
FUNDS
OF
THE
GOVERNMENT
ARE
NOT
SUBJECT
TO
GARNISHMENT.
–
It
is
a
fundamental
the
sovereign
character
of
the
State
and
an
express
affirmation
of
the
unwritten
rule
postulate
of
constitutionalism
flowing
from
the
juristic
concept
of
sovereignty
that
the
state
effectively
insulating
it
from
the
jurisdiction
of
courts.
It
is
based
on
the
very
essence
of
as
well
as
its
government
is
immune
from
suit
unless
it
gives
its
consent.
It
is
readily
sovereignty.
As
has
been
aptly
observed,
by
Justice
Holmes,
a
sovereign
is
exempt
from
suit,
understandable
why
it
must
be
so.
In
the
classic
formulation
of
Holmes:
"A
sovereign
is
not
because
of
any
formal
conception
or
obsolete
theory,
but
on
the
logical
and
practical
exempt
from
suit,
not
because
of
any
formal
conception
or
obsolete
theory,
but
on
the
ground
that
there
can
be
no
legal
right
as
against
the
authority
that
makes
the
law
on
which
logical
and
practical
ground
that
there
can
be
no
legal
right
as
against
the
authority
that
the
right
depends.
True,
the
doctrine,
not
too
infrequently,
is
derisively
called
"the
royal
makes
the
law
on
which
the
right
depends."
Sociological
jurisprudence
supplies
an
answer
prerogative
of
dishonesty"
because
it
grants
the
state
the
prerogative
to
defeat
any
21
legitimate
claim
against
it
by
simply
invoking
its
non-‐suability.
We
have
had
occasion
to
does,
in
effect,
is
to
give
the
other
party
an
opportunity
to
prove,
if
it
can,
that
the
State
has
explain
in
its
defense,
however,
that
a
continued
adherence
to
the
doctrine
of
non-‐suability
a
liability.
In
Republic
vs.
Villasor,
this
Court,
in
nullifying
the
issuance
of
an
alias
writ
of
cannot
be
deplored,
for
the
loss
of
governmental
efficiency
and
the
obstacle
to
the
execution
directed
against
the
funds
of
the
Armed
Forces
of
the
Philippines
to
satisfy
a
final
performance
of
its
multifarious
functions
would
be
far
greater
in
severity
than
the
and
executory
judgment,
has
explained,
thus
—
inconvenience
that
may
be
caused
private
parties,
if
such
fundamental
principle
is
to
be
abandoned
and
the
availability
of
judicial
remedy
is
not
to
be
accordingly
restricted.
The
universal
rule
that
where
the
State
gives
its
consent
to
be
sued
by
private
parties
either
by
general
or
special
law,
it
may
limit
claimant's
The
rule,
in
any
case,
is
not
really
absolute
for
it
does
not
say
that
the
state
may
not
be
sued
action
"only
up
to
the
completion
of
proceedings
anterior
to
the
stage
of
under
any
circumstance.
On
the
contrary,
as
correctly
phrased,
the
doctrine
only
conveys,
execution"
and
that
the
power
of
the
Courts
ends
when
the
judgment
is
"the
state
may
not
be
sued
without
its
consent;"
its
clear
import
then
is
that
the
State
may
at
rendered,
since
government
funds
and
properties
may
not
be
seized
times
be
sued.
The
States'
consent
may
be
given
either
expressly
or
impliedly.
Express
under
writs
of
execution
or
garnishment
to
satisfy
such
judgments,
is
consent
may
be
made
through
a
general
law
or
a
special
law.
In
this
jurisdiction,
the
based
on
obvious
considerations
of
public
policy.
Disbursements
of
general
law
waiving
the
immunity
of
the
state
from
suit
is
found
in
Act
No.
3083,
where
the
public
funds
must
be
covered
by
the
corresponding
appropriation
as
Philippine
government
"consents
and
submits
to
be
sued
upon
any
money
claim
involving
required
by
law.
The
functions
and
public
services
rendered
by
the
State
liability
arising
from
contract,
express
or
implied,
which
could
serve
as
a
basis
of
civil
action
cannot
be
allowed
to
be
paralyzed
or
disrupted
by
the
diversion
of
public
between
private
parties."
Implied
consent,
on
the
other
hand,
is
conceded
when
the
State
funds
from
their
legitimate
and
specific
objects,
as
appropriated
by
law.
itself
commences
litigation,
thus
opening
itself
to
a
counterclaim
or
when
it
enters
into
a
contract.
In
this
situation,
the
government
is
deemed
to
have
descended
to
the
level
of
the
PNB
vs.
Pabalan
[G.R.
No.
L-‐33112,
June
15,
1978]
other
contracting
party
and
to
have
divested
itself
of
its
sovereign
immunity.
This
rule,
relied
upon
by
the
NLRC
and
the
private
respondents,
is
not,
however,
without
qualification.
DOCTRINE
OF
STATE
IMMUNITY
FROM
SUIT;
A
GOVERNMENT
OWNED
AND
Not
all
contracts
entered
into
by
the
government
operate
as
a
waiver
of
its
non-‐suability;
CONTROLLED
CORPORATION
HAS
DISTINCT
PERSONALITY
OF
ITS
OWN;
FUNDS
OF
THE
distinction
must
still
be
made
between
one
which
is
executed
in
the
exercise
of
its
CORPORATE
ENTITY
MAY
BE
PROCEEDED
AGAINST.
—
The
doctrine
of
non-‐suability
sovereign
functions
and
another
which
is
done
in
its
proprietary
capacity.
cannot
be
legally
set
forth
as
a
bar
or
impediment
to
a
notice
of
garnishment.
In
National
Shipyard
and
Steel
Corporation
v.
Court
of
Industrial
Relations,
118
Phil.
782
(1963),
it
was
PROCEDURE
IN
ENFORCING
THE
LIABILITY
OF
THE
STATE.
-‐
But,
be
that
as
it
may,
the
explicitly
stated:
"That
allegation
to
the
effect
that
the
funds
of
the
NASSCO
are
public
funds
claims
of
private
respondents,
i.e.,
for
underpayment
of
wages,
holiday
pay,
overtime
pay
of
the
government,
and
that,
as
such
the
same
may
not
be
garnished,
attached
or
levied
and
similar
other
items,
arising
from
the
Contract
for
Security
Services,
clearly
constitute
upon,
is
untenable
for,
as
a
government
owned
and
controlled
corporation,
the
NASSCO
has
money
claims.
Act
No.
3083,
aforecited,
gives
the
consent
of
the
State
to
be
"sued
upon
any
a
personality
of
its
own,
distinct
and
separate
from
that
of
the
Government.
It
has
—
moneyed
claim
involving
liability
arising
from
contract,
express
or
implied,
.
.
."
Pursuant,
pursuant
to
Section
2
of
Executive
Order
No.
356,
dated
October
23,
1950
.
.
.,
pursuant
to
however,
to
Commonwealth
Act
("C.A.")
No.
327,
as
amended
by
Presidential
Decree
which
the
NASSCO
has
been
established
—
"all
the
powers
of
a
corporation
under
the
("P.D.")
No.
1445,
the
money
claim
should
first
be
brought
to
the
Commission
on
Audit.
Corporation
Law
.
.
.
"
Accordingly,
it
may
sue
and
be
sued
and
may
be
subjected
to
court
Thus,
in
Carabao,
Inc.,
vs.
Agricultural
Productivity
Commission,
we
ruled:
processes
just
like
any
other
corporation
(Section
13,
Act
No.
1459,
as
amended.)
"(C)laimants
have
to
prosecute
their
money
claims
against
the
Rayo
vs.
CFI
of
Bulacan
[G.R.
No.
L-‐55273-‐83,
December
19,
1981]
Government
under
Commonwealth
Act
327,
stating
that
Act
3083
stands
now
merely
as
the
general
law
waiving
the
State's
immunity
from
suit,
GOVERNMENT
OWNED
AND
CONTROLLED
CORPORATION
HAS
A
SEPARATE
subject
to
its
general
limitation
expressed
in
Section
7
thereof
that
'no
PERSONALITY
INDEPENDENT
OF
THE
GOVERNMENT,
AND
THUS,
THE
QUESTION
OF
execution
shall
issue
upon
any
judgment
rendered
by
any
Court
against
SUABILITY
MAY
BE
DETERMINED
FROM
ITS
CHARTER.
-‐
It
is
not
necessary
to
write
an
the
Government
of
the
(Philippines),
and
that
the
conditions
provided
in
extended
dissertation
on
whether
or
not
the
NPC
performs
a
governmental
function
with
Commonwealth
Act
327
for
filing
money
claims
against
the
Government
respect
to
the
management
and
operation
of
the
Angat
Dam.
It
is
sufficient
to
say
that
the
must
be
strictly
observed.'
"
government
has
organized
a
private
corporation,
put
money
in
it
and
has
allowed
it
to
sue
and
be
sued
in
any
court
under
its
charter.
(R.A.
No.
6395,
Sec.
3[d].)
As
a
government
We
fail
to
see
any
substantial
conflict
or
inconsistency
between
the
provisions
of
C.A.
No.
owned
and
controlled
corporation,
it
has
a
personality
of
its
own,
distinct
and
separate
327
and
the
Labor
Code
with
respect
to
money
claims
against
the
State.
The
Labor
Code,
in
from
that
of
the
Government.
(See
National
Shipyards
and
Steel
Corp.
vs.
CIR,
et
al.,
L-‐
relation
to
Act
No.
3083,
provides
the
legal
basis
for
the
State
liability
but
the
prosecution,
17874,
August
31,
1963,
8
SCRA
781.)
Moreover,
the
charter
provision
that
the
NPC
can
enforcement
or
satisfaction
thereof
must
still
be
pursued
in
accordance
with
the
rules
and
"sue
and
be
sued
in
any
court"
is
without
qualification
on
the
cause
of
action
and
procedures
laid
down
in
C.A.
No.
327,
as
amended
by
P.D.
1445.
accordingly
it
can
include
a
tort
claim
such
as
the
one
instituted
by
petitioners.
When
the
State
gives
its
consent
to
be
sued,
it
does
not
thereby
necessarily
consent
to
an
unrestrained
execution
against
it.
Tersely
put,
when
the
State
waives
its
immunity,
all
it
22
Bureau
of
Printing
vs.
Bureau
of
Printing
Employees
Ass.
[G.R.
No.
L-‐15751,
January
28,
1961]
Mobil
Phils.
Exploration
vs.
Customs
Arrastre
Service
[G.R.
No.
L-‐23139,
December
17,
1966]
GOVERNMENTAL
ENTITIES,
THOUGH
INCEDENTALLY
PERFORMING
PROPRIETARY
FUNCTIONS,
ARE
ENTITLED
TO
STATE
IMMUNITY.
-‐
The
Bureau
of
Printing
is
an
office
of
PROPRIETARY
FUNCTIONS
NECESSARY
TO
THE
GOVERNMENTAL
PURPOSES
OF
THE
the
Government
created
by
the
Administrative
Code
of
1916
(Act
No.
2657).
As
such
GOVERNMENT
ENTITY
ARE
COVERED
BY
THE
DOCTRINE
OF
STATE
IMMUNITY.
-‐
The
situation
here
instrumentality
of
the
Government,
it
operates
under
the
direct
supervision
of
the
is
not
materially
different.
The
Bureau
of
Customs,
to
repeat,
is
part
of
the
Department
of
Finance
Executive
Secretary,
Office
of
the
President,
and
is
"charged
with
the
execution
of
all
(Sec.
81,
Rev.
Adm.
Code),
with
no
personality
of
its
own
apart
from
that
of
the
national
government.
printing
and
binding,
including
work
incidental
to
those
processes,
required
by
the
National
Its
primary
function
is
governmental,
that
of
assessing
and
collecting
lawful
revenues
from
imported
Government
and
such
other
work
of
the
same
character
as
said
Bureau
may,
by
law
or
by
articles
and
all
other
tariff
and
customs
duties,
fees,
charges,
fines
and
penalties
(Sec.
602,
R.
A.
order
of
the
(Secretary
of
Finance)
Executive
Secretary,
be
authorized
to
undertake
.
.
.."
1937).
To
this
function,
arrastre
service
is
a
necessary
incident.
For
practical
reasons
said
revenues
(Sec.
1644,
Rev.
Adm.
Code.)
It
has
no
corporate
existence,
and
its
appropriations
are
and
customs
duties
can
not
be
assessed
and
collected
by
simply
receiving
the
importer's
or
ship
provided
for
in
the
General
Appropriations
Act.
Designed
to
meet
the
printing
needs
of
the
agent's
or
consignee's
declaration
of
merchandise
being
imported
and
imposing
the
duty
provided
in
Government,
it
is
primarily
a
service
bureau
and
is
obviously,
not
engaged
in
business
or
the
Tariff
law.
Customs
authorities
and
officers
must
see
to
it
that
the
declaration
tallies
with
the
occupation
for
pecuniary
profit.
merchandise
actually
landed.
And
this
checking
up
requires
that
the
landed
merchandise
be
hauled
from
the
ship's
side
to
a
suitable
place
in
the
customs
premises
to
enable
said
customs
officers
to
Indeed,
as
an
office
of
the
Government,
without
any
corporate
or
juridical
personality,
the
make
it,
that
is,
it
requires
arrastre
operation.
Bureau
of
Printing
cannot
be
sued.
(Sec.
1,
Rule
3,
Rules
of
Court.)
Any
suit,
action
or
proceeding
against
it,
if
it
were
to
produce
any
effect,
would
actually
be
a
suit,
action
or
Clearly,
therefore,
although
said
arrastre
function
may
be
deemed
proprietary,
it
is
a
necessary
proceeding
against
the
Government
itself,
and
the
rule
is
settled
that
the
Government
incident
of
the
primary
and
governmental
function
of
the
Bureau
of
Customs,
so
that
engaging
in
the
cannot
be
sued
without
its
consent,
much
less
over
its
objection.
(See
Metran
vs.
Paredes,
same
does
not
necessarily
render
said
Bureau
liable
to
suit.
For
otherwise,
it
could
not
perform
its
45
Off.
Gaz.,
2835;
Angat
River
Irrigation
System,
et
al.
vs.
Angat
River
Workers'
Union,
et
governmental
function
without
necessarily
exposing
itself
to
suit.
Sovereign
immunity,
granted
as
to
al.,
G.R.
Nos.
L-‐10943-‐44,
December
28,
1957).
the
end,
should
not
be
denied
as
to
the
necessary
means
to
that
end.
It
is
true,
as
stated
in
the
order
complained
of,
that
the
Bureau
of
Printing
receives
outside
Civil
Aeronautics
Administration
vs.
CA
[G.R.
No.
L-‐51806,
November
8,
1988]
jobs
and
that
many
of
its
employees
are
paid
for
overtime
work
on
regular
working
days
and
on
holidays,
but
these
facts
do
not
justify
the
conclusion
that
its
functions
are
THE
DOCTRINE
OF
STATE
IMMUNITY
DOES
NOT
APPLY
TO
GOVERNMENT
OWNED
AND
"exclusively
proprietary
in
nature."
Overtime
work
in
the
Bureau
of
Printing
is
done
only
CONTROLLED
CORPORATIONS.
-‐
This
doctrine
has
been
reaffirmed
in
the
recent
case
of
when
the
interest
of
the
service
so
requires
(sec.
566,
Rev.
Adm.
Code).
As
a
matter
of
Malong
v.
Philippine
National
Railways
[G.R.
No.
L-‐49930,
August
7,
1985,
138
SCRA
63],
administrative
policy,
the
overtime
compensation
may
be
paid,
but
such
payment
is
where
it
was
held
that
the
Philippine
National
Railways,
although
owned
and
operated
by
discretionary
with
the
head
of
the
Bureau
depending
upon
its
current
appropriations,
so
the
government,
was
not
immune
from
suit
as
it
does
not
exercise
sovereign
but
purely
that
it
cannot
be
the
basis
for
holding
that
the
functions
of
said
Bureau
are
wholly
proprietary
and
business
functions.
Accordingly,
as
the
CAA
was
created
to
undertake
the
proprietary
in
character.
Anent
the
additional
work
it
executes
for
private
persons,
we
find
management
of
airport
operations
which
primarily
involve
proprietary
functions,
it
cannot
that
such
work
is
done
upon
request,
as
distinguished
from
those
solicited,
and
only
"as
the
avail
of
the
immunity
from
suit
accorded
to
government
agencies
performing
strictly
requirements
of
Government
work
will
permit"
(sec.
1654,
Rev.
Adm.
Code),
and
"upon
governmental
functions.
terms
fixed
by
the
Director
of
Printing,
with
the
approval
of
the
Department
Head"
(sec.
1665,
id.).
As
shown
by
the
uncontradicted
evidence
of
the
petitioners,
most
of
these
works
Mun.
of
San
Fernando
vs.
Firme
[G.R.
No.
52179,
April
8,
1991]
consist
of
orders
for
greeting
cards
during
Christmas
from
government
officials,
and
for
printing
of
checks
of
private
banking
institutions.
On
those
greeting
cards,
the
Government
THE
SUABILITY
OF
MUNICIPAL
CORPORATIONS
IS
DETERMINED
THROUGH
THEIR
seal,
of
which
only
the
Bureau
of
Printing
is
authorized
to
use,
is
embossed,
and
on
the
bank
CHARTER.
-‐
Municipal
corporations,
for
example,
like
provinces
and
cities,
are
agencies
of
checks,
only
the
Bureau
of
Printing
can
print
the
reproduction
of
the
official
documentary
the
State
when
they
are
engaged
in
governmental
functions
and
therefore
should
enjoy
the
stamps
appearing
thereon.
The
volume
of
private
jobs
done,
in
comparison
with
sovereign
immunity
from
suit.
Nevertheless,
they
are
subject
to
suit
even
in
the
government
jobs,
is
only
one-‐half
of
1
percent,
and
in
computing
the
costs
for
work
done
for
performance
of
such
functions
because
their
charter
provided
that
they
can
sue
and
be
private
parties,
the
Bureau
does
not
include
profit,
because
it
is
not
allowed
to
make
any.
sued.
(Cruz,
Philippine
Political
Law,
1987
Edition,
p.
39)
Clearly,
while
the
Bureau
of
Printing
is
allowed
to
undertake
private
printing
jobs,
it
cannot
be
pretended
that
it
is
thereby
an
industrial
or
business
concern.
The
additional
work
it
A
distinction
should
first
be
made
between
suability
and
liability.
"Suability
depends
on
the
executes
for
private
parties
is
merely
incidental
to
its
function,
and
although
such
work
may
consent
of
the
state
to
be
sued,
liability
on
the
applicable
law
and
the
established
facts.
The
be
deemed
proprietary
in
character,
there
is
no
showing
that
the
employees
performing
circumstance
that
a
state
is
suable
does
not
necessarily
mean
that
it
is
liable;
on
the
other
said
proprietary
function
are
separate
and
distinct
from
those
employed
in
its
general
hand,
it
can
never
be
held
liable
if
it
does
not
first
consent
to
be
sued.
Liability
is
not
governmental
functions.
conceded
by
the
mere
fact
that
the
state
has
allowed
itself
to
be
sued.
When
the
state
does
23
waive
its
sovereign
immunity,
it
is
only
giving
the
plaintiff
the
chance
to
prove,
if
it
can,
that
265-‐537154-‐3,
no
levy
under
execution
may
be
validly
effected
on
the
public
funds
of
the
defendant
is
liable."
(United
States
of
America
v.
Guinto,
supra,
p.
659-‐660).
petitioner
deposited
in
Account
No.
S/A
263-‐530850-‐7.
Anent
the
issue
of
whether
or
not
the
municipality
is
liable
for
the
torts
committed
by
its
Nevertheless,
this
is
not
to
say
that
private
respondent
and
PSB
are
left
with
no
legal
employee,
the
test
of
liability
of
the
municipality
depends
on
whether
or
not
the
driver,
recourse.
Where
a
municipality
fails
or
refuses,
without
justifiable
reason,
to
effect
payment
acting
in
behalf
of
the
municipality,
is
performing
governmental
or
proprietary
functions.
of
a
final
money
judgment
rendered
against
it,
the
claimant
may
avail
of
the
remedy
of
As
emphasized
in
the
case
of
Torio
v.
Fontanilla
(G.R.
No.
L-‐29993,
October
23,
1978.
85
mandamus
in
order
to
compel
the
enactment
and
approval
of
the
necessary
appropriation
SCRA
599,
606),
the
distinction
of
powers
becomes
important
for
purposes
of
determining
ordinance,
and
the
corresponding
disbursement
of
municipal
funds
therefor
[See
Viuda
De
the
liability
of
the
municipality
for
the
acts
of
its
agents
which
result
in
an
injury
to
third
Tan
Toco
v.
The
Municipal
Council
of
Iloilo,
supra;
Baldivia
v.
Lota,
107
Phil.
1099
(1960);
persons.
Yuviengco
v.
Gonzales,
108
Phil.
247
(1960)].
Mun.
of
San
Miguel
vs.
Fernandez
[G.R.
No.
L-‐61744,
June
25,
1984]
City
of
Caloocan
vs.
Judge
Allarde
[G.R.
No.
107271,
September
10,
2003]
FUNDS
OF
THE
MUNICIPAL
CORPORATIONS
ARE
EXEMPT
FROM
EXECUTION.
-‐
In
Tantoco
GOVERNMENT
FUNDS
APPROPRIATED
FOR
A
PURPOSE
MAY
BE
GARNISHED
TO
SATISFY
vs.
Municipal
Council
of
Iloilo,
49
Phil.
52,
it
was
held
that
"it
is
the
settled
doctrine
of
the
THAT
PURPOSE.
-‐
However,
the
rule
is
not
absolute
and
admits
of
a
well-‐defined
exception,
law
that
not
only
the
public
property
but
also
the
taxes
and
public
revenues
of
such
that
is,
when
there
is
a
corresponding
appropriation
as
required
by
law.
Otherwise
stated,
corporations
cannot
be
seized
under
execution
against
them,
either
in
the
treasury
or
when
the
rule
on
the
immunity
of
public
funds
from
seizure
or
garnishment
does
not
apply
where
in
transit
to
it.
Judgments
rendered
for
taxes,
and
the
proceeds
of
such
judgments
in
the
the
funds
sought
to
be
levied
under
execution
are
already
allocated
by
law
specifically
for
hands
of
officers
of
the
law,
are
not
subject
to
execution
unless
so
declared
by
statute.
the
satisfaction
of
the
money
judgment
against
the
government.
In
such
a
case,
the
monetary
judgment
may
be
legally
enforced
by
judicial
processes.
Thus,
it
is
clear
that
all
the
funds
of
petitioner
municipality
in
the
possession
of
the
Municipal
Treasurer
of
San
Miguel,
as
well
as
those
in
the
possession
of
the
Provincial
Thus,
in
the
similar
case
of
Pasay
City
Government,
et
al.
vs.
CFI
of
Manila,
Br.
X,
et
al.,
where
Treasurer
of
Bulacan,
are
also
public
funds
and
as
such
they
are
exempt
from
execution.
petitioners
challenged
the
trial
court's
order
garnishing
its
funds
in
payment
of
the
contract
Besides,
there
must
be,
pursuant
to
Section
2(a)
of
Presidential
Decree
No.
477,
known
as
price
for
the
construction
of
the
City
Hall,
we
ruled
that,
while
government
funds
deposited
"The
Decree
on
Local
Fiscal
Administration,"
a
corresponding
appropriation
in
the
form
of
in
the
PNB
are
exempt
from
execution
or
garnishment,
this
rule
does
not
apply
if
an
an
ordinance
duly
passed
by
the
Sangguniang
Bayan
before
any
money
of
the
municipality
ordinance
has
already
been
enacted
for
the
payment
of
the
City's
obligations
—
may
be
paid
out.
In
the
case
at
bar,
it
has
not
been
shown
that
the
Sangguniang
Bayan
has
passed
an
ordinance
to
this
effect.
Furthermore,
the
procedure
outlined
by
Section
15,
Rule
Upon
the
issuance
of
the
writ
of
execution,
the
petitioner-‐appellants
39
of
the
New
Rules
of
Court
has
not
been
followed.
moved
for
its
quashal
alleging
among
other
things
the
exemption
of
the
government
from
execution.
This
move
on
the
part
of
petitioner-‐
Mun.
of
Makati
vs.
CA
[G.R.
Nos.
89898-‐99,
October
1,
1990]
appellants
is
at
first
glance
laudable
for
'all
government
funds
deposited
with
the
Philippine
National
Bank
by
any
agency
or
instrumentality
of
REMEDY
TO
ENFORCE
THE
LIABILITY
OF
THE
MUNICIPAL
CORPORATION
-‐
There
is
merit
the
government,
whether
by
way
of
general
or
special
deposit,
remain
in
this
contention.
The
funds
deposited
in
the
second
PNB
Account
No.
S/A
263-‐530850-‐7
government
funds
and
may
not
be
subject
to
garnishment
or
levy.'
But
are
public
funds
of
the
municipal
government.
In
this
jurisdiction,
well-‐settled
is
the
rule
inasmuch
as
an
ordinance
has
already
been
enacted
expressly
that
public
funds
are
not
subject
to
levy
and
execution,
unless
otherwise
provided
for
by
appropriating
the
amount
of
P613,096.00
as
payment
to
the
respondent-‐
statute
[Republic
v.
Palacio,
supra.;
The
Commissioner
of
Public
Highways
v.
San
Diego,
G.R.
appellee,
then
the
herein
case
is
covered
by
the
exception
to
the
general
No.
L-‐30098,
February
18,
1970,
31
SCRA
616].
More
particularly,
the
properties
of
a
rule
municipality,
whether
real
or
personal,
which
are
necessary
for
public
use
cannot
be
attached
and
sold
at
execution
sale
to
satisfy
a
money
judgment
against
the
municipality.
Municipal
revenues
derived
from
taxes,
licenses
and
market
fees,
and
which
are
intended
primarily
and
exclusively
for
the
purpose
of
financing
the
governmental
activities
and
functions
of
the
municipality,
are
exempt
from
execution
[See
Viuda
De
Tan
Toco
v.
The
Municipal
Council
of
Iloilo,
49
Phil.
52
(1926);
The
Municipality
of
Paoay,
Ilocos
Norte
v.
Manaois,
86
Phil.
629
(1950);
Municipality
of
San
Miguel,
Bulacan
v.
Fernandez,
G.R.
No.
61744,
June
25,
1984,
130
SCRA
56].
The
foregoing
rule
finds
application
in
the
case
at
bar.
Absent
a
showing
that
the
municipal
council
of
Makati
has
passed
an
ordinance
appropriating
from
its
public
funds
an
amount
corresponding
to
the
balance
due
under
the
RTC
decision
dated
June
4,
1987,
less
the
sum
of
P99,743.94
deposited
in
Account
No.
S/A
24
ARTICLE
II
–
FUNDAMENTAL
PRINCIPLES
AND
STATE
POLICIES
persons,
military
or
civilian,
who
have
been
guilty
of
planning,
preparing
or
waging
a
war
of
aggression
and
of
the
commission
of
crimes
and
offenses
consequential
and
incidental
Section
1
thereto,
in
violation
of
the
laws
and
customs
of
war,
of
humanity
and
civilization,
are
held
accountable
therefor.
Consequently,
in
the
promulgation
and
enforcement
of
Executive
Villavicencio
vs.
Lukban
[G.R.
No.
14639,
March
25,
1919]
Order
No.
68,
the
President
of
the
Philippines
has
acted
in
conformity
with
the
generally
accepted
principles
and
policies
of
international
law
which
are
part
of
our
Constitution.
IN
THE
ABSENCE
OF
ANY
LAW,
GOOD
INTENTIONS
CANNOT
JUSTIFY
THE
CURTAILMENT
OF
FREEDOM.
-‐
Law
defines
power.
Centuries
ago
Magna
Charta
decreed
that
—
"No
Petitioner
argues
that
respondent
Military
Commission
has
no
jurisdiction
to
try
petitioner
freeman
shall
be
taken,
or
imprisoned,
or
be
disseized
of
his
freehold,
or
liberties,
or
free
for
acts
committed
in
violation
of
the
Hague
Convention
and
the
Geneva
Convention
customs,
or
be
outlawed,
or
exiled,
or
any
other
wise
destroyed;
nor
will
we
pass
upon
him
because
the
Philippines
is
not
a
signatory
to
the
first
and
signed
the
second
only
in
1947.
It
nor
condemn
him,
but
by
lawful
judgment
of
his
peers
or
by
the
law
of
the
land.
We
will
sell
cannot
be
denied
that
the
rules
and
regulations
of
the
Hague
and
Geneva
conventions
form
to
no
man,
we
will
not
deny
or
defer
to
any
man
either
justice
or
right."
(Magna
Charta,
9
part
of
and
are
wholly
based
on
the
generally
accepted
principles
of
international
law.
In
Hen.,
111,
1225,
Cap.
29;
1
Eng.
Stat.
at
Large,
7.)
No
official,
no
matter
how
high,
is
above
fact,
these
rules
and
principles
were
accepted
by
the
two
belligerent
nations,
the
United
the
law.
The
courts
are
the
forum
which
functionate
to
safeguard
individual
liberty
and
to
States
and
Japan,
who
were
signatories
to
the
two
Conventions.
Such
rules
and
principles,
punish
official
transgressors.
"The
law,"
said
Justice
Miller,
delivering
the
opinion
of
the
therefore,
form
part
of
the
law
of
our
nation
even
if
the
Philippines
was
not
a
signatory
to
Supreme
Court
of
the
United
States,
"is
the
only
supreme
power
in
our
system
of
the
conventions
embodying
them,
for
our
Constitution
has
been
deliberately
general
and
government,
and
every
man
who
by
accepting
office
participates
in
its
functions
is
all
the
extensive
in
its
scope
and
is
not
confined
to
the
recognition
of
rules
and
principles
of
more
strongly
bound
to
submit
to
that
supremacy,
and
to
observe
the
limitations
which
it
international
law
as
contained
in
treaties
to
which
our
government
may
have
been
or
shall
imposes
upon
the
exercise
of
the
authority
which
it
gives."
(U.S.
vs.
Lee
[1882],
106
U.S.,
be
a
signatory.
196,
220.)
"The
very
idea,"
said
Justice
Matthews
of
the
same
high
tribunal
in
another
case,
"that
one
man
may
be
compelled
to
hold
his
life,
or
the
means
of
living,
or
any
material
right
Agustin
vs.
Edu
[G.R.
No.
L-‐2662,
March
26,
1949]
essential
to
the
enjoyment
of
life,
at
the
mere
will
of
another,
seems
to
be
intolerable
in
any
country
where
freedom
prevails,
as
being
the
essence
of
slavery
itself."
(Yick
Wo
vs.
The
conclusion
reached
by
this
Court
that
this
petition
must
be
dismissed
is
reinforced
by
Hopkins
[1886],
118
U.S.,
356,
370.)
All
this
explains
the
motive
in
issuing
the
writ
of
this
consideration.
The
petition
itself
quoted
these
two
whereas
clauses
of
the
assailed
habeas
corpus,
and
makes
clear
why
we
said
in
the
very
beginning
that
the
primary
Letter
of
Instruction:
"[Whereas],
the
hazards
posed
by
such
obstructions
to
traffic
have
question
was
whether
the
courts
should
permit
a
government
of
men
or
a
government
of
been
recognized
by
international
bodies
concerned
with
traffic
safety,
the
1968
Vienna
laws
to
be
established
in
the
Philippine
Islands.
Convention
on
Road
Signs
and
Signals
and
the
United
Nations
Organization
(U.N.);
[Whereas],
the
said
Vienna
Convention,
which
was
ratified
by
the
Philippine
Government
One
hundred
and
seventy
women,
who
had
lived
in
the
segregated
district
for
women
of
ill
under
P.D.
No.
207,
recommended
the
enactment
of
local
legislation
for
the
installation
of
repute
in
the
city
of
Manila,
were
by
orders
of
the
Mayor
of
the
city
of
Manila
and
the
chief
road
safety
signs
and
devices;
.
.
."
It
cannot
be
disputed
then
that
this
Declaration
of
of
police
of
that
city
isolated
from
society
and
then
at
night,
without
their
consent
and
Principle
found
in
the
Constitution
possesses
relevance:
"The
Philippines
.
.
.
adopts
the
without
any
opportunity
to
consult
with
friends
or
to
defend
their
rights,
were
forcibly
generally
accepted
principles
of
international
law
as
part
of
the
law
of
the
land,
.
.
."
The
hustled
on
board
steamers
for
transportation
to
regions
unknown.
No
law,
order,
or
1968
Vienna
Convention
on
Road
Signs
and
Signals
is
impressed
with
such
a
character.
It
is
regulation
authorized
the
Mayor
of
the
city
of
Manila
or
the
chief
of
the
police
of
that
city
to
not
for
this
country
to
repudiate
a
commitment
to
which
it
had
pledged
its
word.
The
force
citizens
of
the
Philippine
Islands
to
change
their
domicile
from
Manila
to
another
concept
of
Pacta
sunt
servanda
stands
in
the
way
of
such
an
attitude,
which
is,
moreover,
at
locality.
Held:
That
the
writ
of
habeas
corpus
was
properly
granted,
and
that
the
Mayor
of
war
with
the
principle
of
international
morality.
the
city
of
Manila
who
was
primarily
responsible
for
the
deportation,
is
in
contempt
of
court
for
his
failure
to
comply
with
the
order
of
the
court.
Ichong
vs.
Hernandez
[G.R.
No.
L-‐7995,
May
31,
1957]
These
women,
despite
their
being
in
a
sense
lepers
of
society,
are
nevertheless
not
chattles,
TREATIES
SUBJECT
TO
QUALIFICATION
OR
AMENDMENT
BY
SUBSEQUENT
LAW.
—
The
but
Philippine
citizens
protected
by
the
same
constitutional
guaranties
as
are
other
citizens.
law
does
not
violate
international
treaties
and
obligations.
The
United
Nations
Charter
imposes
no
strict
or
legal
obligations
regarding
the
rights
and
freedom
of
their
subjects
Section
2
(Jans
Kelsen,
The
Law
of
the
United
Nations,
1951
ed.,
pp.
29-‐32),
and
the
Declaration
of
Human
Rights
contains
nothing
more
than
a
mere
recommendation,
or
a
common
standard
Kuroda
vs.
Jalandoni
[G.R.
No.
L-‐2662,
March
26,
1949]
of
achievement
for
all
peoples
and
all
nations.
The
Treaty
of
Amity
between
the
Republic
of
the
Philippines
and
the
Republic
of
China
of
April
18,
1947
guarantees
equality
of
treatment
PENALIZING
WAR
CRIMES
IS
A
GENERALLY
ACCEPTED
PRINCIPLE
OF
INTERNATIONAL
to
the
Chinese
nationals
"upon
the
same
terms
as
the
nationals
of
any
other
country".
But
LAW.
-‐
In
accordance
with
the
generally
accepted
principles
of
international
law
of
the
the
nationals
of
China
are
not
discriminated
against
because
nationals
of
all
other
countries,
present
day,
including
the
Hague
Convention,
the
Geneva
Convention
and
significant
except
those
of
the
United
States,
who
are
granted
special
rights
by
the
Constitution,
are
all
precedents
of
international
jurisprudence
established
by
the
United
Nations,
all
those
Prohibited
from
engaging
in
the
retail
trade.
But
even
supposing
that
the
law
infringes
upon
25
the
said
treaty,
the
treaty
is
always
subject
to
qualification
or
amendment
by
a
subsequent
law
(U.S.
vs.
Thompson,
258,
Fed.
257,
260),
and
the
same
may
never
curtail
or
restrict
the
"The
nationals
of
both
countries
who
shall
have
obtained
degrees
or
scope
of
the
police
power
of
the
State
(Palston
vs.
Pennsylvania
58
L.
ed.,
539).
diplomas
to
practice
the
liberal
professions
in
either
of
the
Contracting
States,
issued
by
competent
national
authorities,
shall
be
deemed
Gonzales
vs.
Hechanova
[G.R.
No.
L-‐21897,
October
22,
1963]
competent
to
exercise
said
professions
in
the
territory
of
the
Other,
subject
to
the
laws
and
regulations
of
the
latter.
.
.
."
PRESIDENT
MAY
NOT,
BY
EXECUTIVE
AGREEMENT,
ENTER
INTO
A
TRANSACTION
WHICH
IS
PROHIBITED
BY
STATUTES
ENACTED
PRIOR
THERETO.
—
It
is
lastly
contended
that
the
It
is
clear,
therefore,
that
the
privileges
provided
in
the
Treaty
invoked
by
the
applicant
are
Government
of
the
Philippines
has
already
entered
into
two
(2)
contracts
for
the
purchase
made
expressly
subject
to
the
laws
and
regulations
of
the
contracting
State
in
whose
of
rice,
one
with
the
Republic
of
Vietnam,
and
another
with
the
Government
of
Burma;
that
territory
it
is
desired
to
exercise
the
legal
profession;
and
Section
1
of
Rule
127,
in
these
contracts
constitute
valid
executive
agreements
under
international
law;
that
such
connection
with
Sections
2,
9,
and
16
thereof,
which
have
the
force
of
law,
require
that
agreements
became
binding
and
effective
upon
signing
thereof
by
representatives
of
the
before
anyone
can
practice
the
legal
profession
in
the
Philippines
he
must
first
successfully
parties
thereto;
that
in
case
of
conflict
between
Republic
Acts
Nos.
2207
and
3452
on
the
pass
the
required
bar
examinations;
and
one
hand,
and
the
aforementioned
contracts,
on
the
other,
the
latter
should
prevail,
because,
if
a
treaty
and
a
statute
are
inconsistent
with
each
other,
the
conflict
must
be
The
aforementioned
Treaty,
concluded
between
the
Republic
of
the
Philippines
and
the
resolved
—
under
the
American
jurisprudence
—
in
favor
of
the
one
which
is
latest
in
point
Spanish
State
could
not
have
been
intended
to
modify
the
laws
and
regulations
governing
of
time;
that
petitioner
herein
assails
the
validity
of
acts
of
the
executive
relative
to
foreign
admission
to
the
practice
of
law
in
the
Philippines,
for
the
reason
that
the
Executive
relations
in
the
conduct
of
which
the
Supreme
Court
cannot
interfere;
and
that
the
Department
may
not
encroach
upon
the
constitutional
prerogative
of
the
Supreme
Court
to
aforementioned
contracts
have
already
been
consummated,
the
Government
of
the
promulgate
rules
for
admission
to
the
practice
of
law
in
the
Philippines,
the
power
to
Philippines
having
already
paid
the
price
of
the
rice
involved
therein
through
irrevocable
repeal,
alter
or
supplement
such
rules
being
reserved
only
to
the
Congress
of
the
letters
of
credit
in
favor
of
the
sellers
of
said
commodity.
We
find
no
merit
in
this
pretense.
Philippines.
(See
Sec.
13,
Art.
VIII,
Phil.
Constitution).
The
Court
is
not
satisfied
that
the
status
of
said
contracts
as
alleged
executive
agreements
At
any
rate,
the
Treaty
was
intended
to
govern
Filipino
citizens
desiring
to
practice
their
has
been
sufficiently
established.
The
parties
to
said
contracts
do
not
appear
to
have
profession
in
Spain,
and
the
citizens
of
Spain
desiring
to
practice
their
professions
in
the
regarded
the
same
as
executive
agreements.
But,
even
assuming
that
said
contracts
may
Philippines.
Applicant
is
a
Filipino
citizen
desiring
to
practice
the
legal
profession
in
the
properly
be
considered
as
executive
agreements,
the
same
are
unlawful,
as
well
as
null
and
Philippines.
He
is
therefore
subject
to
the
laws
of
his
own
country
and
is
not
entitled
to
the
void,
from
a
constitutional
viewpoint,
said
agreements
being
inconsistent
with
the
privileges
extended
to
Spanish
nationals
desiring
to
practice
in
the
Philippines.
provisions
of
Republic
Acts
Nos.
2207
and
3452.
Although
the
President
may,
under
the
American
constitutional
system,
enter
into
executive
agreements
without
previous
Section
4
legislative
authority,
he
may
not,
by
executive
agreement,
enter
into
a
transaction
which
is
prohibited
by
statutes
enacted
prior
thereto.
Under
the
Constitution,
the
main
function
of
People
vs.
Lagman
[G.R.
No.
45892,
July
13,
1938]
the
Executive
is
to
enforce
laws
enacted
by
Congress.
The
former
may
not
interfere
in
the
performance
of
the
legislative
powers
of
the
latter,
except
in
the
exercise
of
his
veto
power.
COMPULSORY
MILITARY
SERVICE
IS
CONSTITUTIONAL.
The
National
Defense
Law,
in
so
He
may
not
defeat
legislative
enactments
that
have
acquired
the
status
of
laws,
by
indirectly
far
as
it
establishes
compulsory
military
service,
does
not
go
against
this
constitutional
repealing
the
same
through
an
executive
agreement
providing
for
the
performance
of
the
provision
but
is,
on
the
contrary,
in
faithful
compliance
therewith.
The
duty
of
the
very
act
prohibited
by
said
laws.
Government
to
defend
the
State
cannot
be
performed
except
through
an
army.
To
leave
the
organization
of
an
army
to
the
will
of
the
citizens
would
be
to
make
this
duty
of
the
The
American
theory
to
the
effect
that,
in
the
event
of
conflict
between
a
treaty
and
a
Government
excusable
should
there
be
no
sufficient
men
who
volunteer
to
enlist
therein.
statute,
the
one
which
is
latest
in
point
of
time
shall
prevail,
is
not
applicable
to
the
case
at
bar,
for
respondents
not
only
admit,
but,
also,
insist
that
the
contracts
adverted
to
are
not
In
the
United
States
the
courts
have
held
in
a
series
of
decisions
that
the
compulsory
treaties.
Said
theory
may
be
justified
upon
the
ground
that
treaties
to
which
the
United
military
service
adopted
by
reason
of
the
civil
war
and
the
world
war
does
not
violate
the
States
is
signatory
require
the
advice
and
consent
of
its
Senate,
and,
hence,
of
a
branch
of
Constitution,
because
the
power
to
establish
it
is
derived
from
that
granted
to
Congress
to
the
legislative
department.
No
such
justification
can
be
given
as
regards
executive
declare
war
and
to
organize
and
maintain
an
army.
This
is
so
because
the
right
of
the
agreements
not
authorized
by
previous
legislation,
without
completely
upsetting
the
Government
to
require
compulsory
military
service
is
a
consequence
of
its
duty
to
defend
principle
of
separation
of
powers
and
the
system
of
checks
and
balances
which
are
the
State
and
is
reciprocal
with
its
duty
to
defend
the
life,
liberty,
and
property
of
the
fundamental
in
our
constitutional
set
up
and
that
of
the
United
States.
citizen.
In
the
case
of
Jacobson
vs.
Massachusetts
(197
U.S.,
11;
25
Sup.
Ct.
Rep.,
385),
it
was
said
that,
without
violating
the
Constitution,
a
person
may
be
compelled
by
force,
if
need
be,
In
Re:
Garcia
[2
SCRA
984,
August
15,
1961]
against
his
will,
against
his
pecuniary
interests,
and
even
against
his
religious
or
political
convictions,
to
take
his
place
in
the
ranks
of
the
army
of
this
country,
and
risk
the
chance
of
Article
I
of
the
Treaty,
in
its
pertinent
part,
provides:
being
shot
down
in
its
defense.
In
the
case
of
United
States
vs.
Olson
(253
Feb.,
233),
it
was
26
also
said
that
this
is
not
deprivation
of
property
without
due
process
of
law,
because,
in
its
constitutional
mandate
allowed
(sec.
5,
Art.
XIII,
Constitution
of
the
Philippines,
in
relation
just
sense,
there
is
no
right
of
property
to
an
office
or
employment.
The
circumstance
that
to
sec.
928,
Ad.
Code).
Thursday
and
Friday
of
Holy
Week,
Thanksgiving
Day,
Christmas
Day,
these
decisions
refer
to
laws
enacted
by
reason
of
the
actual
existence
of
war
does
not
make
and
Sundays
are
made
legal
holidays
(sec.
29,
Adm.
Code)
because
of
the
secular
idea
that
our
case
any
different,
inasmuch
as,
in
the
last
analysis,
what
justifies
compulsory
military
their
observance
is
conducive
to
beneficial
moral
results.
The
law
allows
divorce
but
service
is
the
defense
of
the
State,
whether
actual
or
whether
in
preparation
to
make
it
punishes
polygamy
and
bigamy;
and
certain
crimes
against
religious
worship
are
more
effective,
in
case
of
need.
considered
crimes
against
the
fundamental
laws
of
the
state
(see
arts.
132
and
133,
Revised
Penal
Code).
Section
6
Taruc
vs.
De
la
Cruz
[G.R.
No.
144801,
March
10,
2005]
Aglipay
vs.
Ruiz
[G.R.
No.
45459,
March
13,
1937]
INTRAMURAL
RELIGIOUS
ACTIVITIES.
The
only
issue
to
be
resolved
in
this
case
is
whether
THE
CONSTITUTION
GUARANTEES
RELIGIOUS
FREEDOM,
AND
NOT
MERE
RELIGIOUS
or
not
the
courts
have
jurisdiction
to
hear
a
case
involving
the
expulsion/excommunication
TOLERATION.
-‐
The
prohibition
herein
expressed
is
a
direct
corollary
of
the
principle
of
of
members
of
a
religious
institution.
separation
of
church
and
state.
Without
the
necessity
of
adverting
to
the
historical
background
of
this
principle
in
our
country,
it
is
sufficient
to
say
that
our
history,
not
to
We
rule
that
the
courts
do
not.
speak
of
the
history
of
mankind,
has
taught
us
that
the
union
of
church
and
state
is
prejudicial
to
both,
for
occasions
might
arise
when
the
state
will
use
the
church,
and
the
Section
5,
Article
III
or
the
Bill
of
Rights
of
the
1987
Constitution
specifically
provides
that:
church
the
state,
as
a
weapon
in
the
furtherance
of
their
respective
ends
and
aims.
The
Malolos
Constitution
recognized
this
principle
of
separation
of
church
and
state
in
the
early
Sec.
5.
No
law
shall
be
made
respecting
an
establishment
of
religion
or
stages
of
our
constitutional
development;
it
was
inserted
in
the
Treaty
of
Paris
between
the
prohibiting
the
free
exercise
thereof.
The
free
exercise
and
enjoyment
of
United
States
and
Spain
of
December
10,
1898,
reiterated
in
President
McKinley's
religious
profession
and
worship,
without
discrimination
or
preference,
Instructions
to
the
Philippine
Commission,
reaffirmed
in
the
Philippine
Bill
of
1902
and
in
shall
forever
be
allowed.
No
religious
test
shall
be
required
for
the
the
Autonomy
Act
of
August
29,
1916,
and
finally
embodied
in
the
Constitution
of
the
exercise
of
civil
or
political
rights.
Philippines
as
the
supreme
expression
of
the
Filipino
People.
It
is
almost
trite
to
say
now
that
in
this
country
we
enjoy
both
religious
and
civil
freedom.
All
the
officers
of
the
In
our
jurisdiction,
we
hold
the
Church
and
the
State
to
be
separate
and
distinct
from
each
Government,
from
the
highest
to
the
lowest,
in
taking
their
oath
to
support
and
defend
the
other.
"Give
to
Ceasar
what
is
Ceasar's
and
to
God
what
is
God's."
We
have,
however,
Constitution,
bind
themselves
to
recognize
and
respect
the
constitutional
guarantee
of
observed
as
early
as
1928
that:
religious
freedom,
with
its
inherent
limitations
and
recognized
implications.
It
should
be
stated
that
what
is
guaranteed
by
our
Constitution
is
religious
liberty,
not
mere
religious
upon
the
examination
of
the
decisions
it
will
be
readily
apparent
that
toleration.
cases
involving
questions
relative
to
ecclesiastical
rights
have
always
received
the
profoundest
attention
from
the
courts,
not
only
because
of
Religious
freedom,
however,
as
a
constitutional
mandate
is
not
inhibition
of
profound
their
inherent
interest,
but
because
of
the
far
reaching
effects
of
the
reverence
for
religion
and
is
not
a
denial
of
its
influence
in
human
affairs.
Religion
as
a
decisions
in
human
society.
[However,]
courts
have
learned
the
lesson
of
profession
of
faith
to
an
active
power
that
binds
and
elevates
man
to
his
Creator
is
conservatism
in
dealing
with
such
matters,
it
having
been
found
that,
in
a
recognized.
And,
in
so
far
as
it
instills
into
the
minds
the
purest
principles
of
morality,
its
form
of
government
where
the
complete
separation
of
civil
and
influence
is
deeply
felt
and
highly
appreciated.
When
the
Filipino
people,
in
the
preamble
of
ecclesiastical
authority
is
insisted
upon,
the
civil
courts
must
not
allow
their
Constitution,
implored
"the
aid
of
Divine
Providence,
in
order
to
establish
a
themselves
to
intrude
unduly
in
matters
of
an
ecclesiastical
nature.
4
government
that
shall
embody
their
ideals,
conserve
and
develop
the
patrimony
of
the
(italics
ours)
nation,
promote
the
general
welfare,
and
secure
to
themselves
and
their
posterity
the
blessings
of
independence
under
a
regime
of
justice,
liberty
and
democracy,"
they
thereby
We
agree
with
the
Court
of
Appeals
that
the
expulsion/excommunication
of
members
of
a
manifested
their
intense
religious
nature
and
placed
unfaltering
reliance
upon
Him
who
religious
institution/organization
is
a
matter
best
left
to
the
discretion
of
the
officials,
and
guides
the
destinies
of
men
and
nations.
The
elevating
influence
of
religion
in
human
the
laws
and
canons,
of
said
institution/organization.
It
is
not
for
the
courts
to
exercise
society
is
recognized
here
as
elsewhere.
In
fact,
certain
general
concessions
are
control
over
church
authorities
in
the
performance
of
their
discretionary
and
official
indiscriminately
accorded
to
religious
sects
and
denominations.
Our
Constitution
and
laws
functions.
Rather,
it
is
for
the
members
of
religious
institutions/organizations
to
conform
to
exempt
from
taxation
properties
devoted
exclusively
to
religious
purposes
(sec.
14,
subsec.
just
church
regulations.
In
the
words
of
Justice
Samuel
F.
Miller
5:
3,
Art.
VI,
Constitution
of
the
Philippines
and
sec.
1,
subsec.
Ordinance
appended
thereto;
Assessment
Law,
sec.
344,
par
[c],
Adm.
Code)
sectarian
aid
is
not
prohibited
when
a
priest,
.
.
.
all
who
unite
themselves
to
an
ecclesiastical
body
do
so
with
an
preacher,
minister
or
other
religious
teacher
or
dignitary
as
such
is
assigned
to
the
armed
implied
consent
to
submit
to
the
Church
government
and
they
are
bound
forces
or
to
any
penal
institution,
orphanage
or
leprosarium
(sec.
13,
subsec.
3
Art.
VI,
to
submit
to
it.
Constitution
of
the
Philippines).
Optional
religious
instruction
in
the
public
schools
is
by
27
In
the
leading
case
of
Fonacier
v.
Court
of
Appeals,
we
enunciated
the
doctrine
that
in
SOCIAL
JUSTICE
IS
NOT
EQUALITY,
BUT
PROTECTION.
-‐
Lastly,
to
quote
from
the
opinion
disputes
involving
religious
institutions
or
organizations,
there
is
one
area
which
the
Court
therein
rendered:
"To
be
more
specific,
the
principle
of
social
justice
is
in
this
sphere
should
not
touch:
doctrinal
and
disciplinary
differences.
Thus,
strengthened
and
vitalized.
A
realistic
view
is
that
expressed
in
Agustin
v.
Workmen's
Compensation
Commission:
'As
between
a
laborer,
usually
poor
and
unlettered,
and
the
The
amendments
of
the
constitution,
restatement
of
articles
of
religion
employer,
who
has
resources
to
secure
able
legal
advice,
the
law
has
reason
to
demand
and
abandonment
of
faith
or
abjuration
alleged
by
appellant,
having
to
from
the
latter
stricter
compliance.
Social
justice
in
these
cases
is
not
equality
but
do
with
faith,
practice,
doctrine,
form
of
worship,
ecclesiastical
law,
protection."
custom
and
rule
of
a
church
and
having
reference
to
the
power
of
excluding
from
the
church
those
allegedly
unworthy
of
membership,
are
Salonga
vs.
Farrales
[G.R.
No.
L-‐47088,
July
10,
1981]
unquestionably
ecclesiastical
matters
which
are
outside
the
province
of
the
civil
courts.
(emphasis
ours)
SOCIAL
JUSTICE
CANNOT
NULLIFY
THE
LAW
ON
OBLIGATIONS
AND
CONTRACTS.
—
Social
Justice
provided
for
in
Sec.
6,
Article
II
of
the
New
Constitution
cannot
be
invoked
to
Section
10
trample
on
the
rights
of
property
owners
who
under
the
Constitution
and
laws
are
also
entitled
to
protection.
The
Social
justice
consecrated
in
our
constitution
was
not
intended
to
Calalang
vs.
Williams
[G.R.
No.
47800,
December
2,
1940]
take
away
rights
from
a
person
and
give
them
to
another
who
is
not
entitled
thereto.
Evidently,
the
plea
for
social
justice
cannot
nullify
the
law
on
obligations
and
contracts,
and
SOCIAL
JUSTICE.
—
Social
justice
is
"neither
communism,
nor
despotism,
nor
atomism,
nor
is,
therefore,
beyond
the
power
of
the
Courts
to
grant.
anarchy,"
but
the
humanization
of
laws
and
the
equalization
of
social
and
economic
forces
by
the
State
so
that
justice
in
its
rational
and
objectively
secular
conception
may
at
least
be
Section
11
approximated.
Social
justice
means
the
promotion
of
the
welfare
of
all
the
people,
the
adoption
by
the
Government
of
measures
calculated
to
insure
economic
stability
of
all
the
Secretary
of
National
Defense
v.
Manalo,
G.R.
No.
180906,
October
7,
2008
component
elements
of
society,
through
the
maintenance
of
a
proper
economic
and
social
equilibrium
in
the
interrelations
of
the
members
of
the
community,
constitutionally,
The
writ
of
Amparo
then
spread
throughout
the
Western
Hemisphere,
gradually
evolving
through
the
adoption
of
measures
legally
justifiable,
or
extra-‐constitutionally,
through
the
into
various
forms,
in
response
to
the
particular
needs
of
each
country.
It
became,
in
the
exercise
of
powers
underlying
the
existence
of
all
governments
on
the
time-‐honored
words
of
a
justice
of
the
Mexican
Federal
Supreme
Court,
one
piece
of
Mexico's
self-‐
principle
of
salus
populi
est
suprema
lex.
Social
justice,
therefore,
must
be
founded
on
the
attributed
"task
of
conveying
to
the
world's
legal
heritage
that
institution
which,
as
a
shield
recognition
of
the
necessity
of
interdependence
among
divers
and
diverse
units
of
a
society
of
human
dignity,
her
own
painful
history
conceived."84
What
began
as
a
protection
against
and
of
the
protection
that
should
be
equally
and
evenly
extended
to
all
groups
as
a
acts
or
omissions
of
public
authorities
in
violation
of
constitutional
rights
later
evolved
for
combined
force
in
our
social
and
economic
life,
consistent
with
the
fundamental
and
several
purposes:
(1)
Amparo
libertad
for
the
protection
of
personal
freedom,
equivalent
to
paramount
objective
of
the
state
of
promoting
the
health,
comfort,
and
quiet
of
all
persons,
the
habeas
corpus
writ;
(2)
Amparo
contra
leyes
for
the
judicial
review
of
the
and
of
bringing
about
"the
greatest
good
to
the
greatest
number."
constitutionality
of
statutes;
(3)
Amparo
casacion
for
the
judicial
review
of
the
constitutionality
and
legality
of
a
judicial
decision;
(4)
Amparo
administrativo
for
the
Almeda
vs.
CA
[G.R.
No.
L-‐43800,
July
29,
1977]
judicial
review
of
administrative
actions;
and
(5)
Amparo
agrario
for
the
protection
of
peasants'
rights
derived
from
the
agrarian
reform
process.
IN
THE
PROMOTION
OF
SOCIAL
JUSTICE,
THE
STATE
MAY
REGULATE
PROPERTY
OWNERSHIP.
-‐
It
is
to
be
noted
that
under
the
new
Constitution,
property
ownership
is
In
sum,
respondents
assert
that
their
cause
of
action
consists
in
the
threat
to
their
right
to
impressed
with
social
function.
Property
use
must
not
only
be
for
the
benefit
of
the
owner
life
and
liberty,
and
a
violation
of
their
right
to
security.
but
of
society
as
well.
The
State,
in
the
promotion
of
social
justice,
may
"regulate
the
acquisition,
ownership,
use,
enjoyment
and
disposition
of
private
property,
and
equitably
Let
us
put
this
right
to
security
under
the
lens
to
determine
if
it
has
indeed
been
diffuse
property
.
.
.
ownership
and
profits."
7
One
governmental
policy
of
recent
date
violated
as
respondents
assert.
The
right
to
security
or
the
right
to
security
of
person
projects
the
emancipation
of
tenants
from
the
bondage
of
the
soil
and
the
transfer
to
them
finds
a
textual
hook
in
Article
III,
Section
2
of
the
1987
Constitution
which
provides,
viz:
of
the
ownership
of
the
land
they
till.
This
is
Presidential
Decree
No.
27
of
October
21,
1972,
ordaining
that
all
tenant
farmers
"of
private
agricultural
lands
devoted
to
rice
and
corn
Sec.
2.
The
right
of
the
people
to
be
secure
in
their
persons,
houses,
papers
and
under
a
system
of
sharecrop
or
lease-‐tenancy,
whether
classified
as
landed
estates
or
not"
effects
against
unreasonable
searches
and
seizures
of
whatever
nature
and
for
any
shall
be
deemed
"owner
of
a
portion
constituting
a
family-‐size
farm
of
five
(5)
hectares
if
purpose
shall
be
inviolable,
and
no
search
warrant
or
warrant
of
arrest
shall
not
irrigated
and
there
(3)
hectares
if
irrigated."
issue
except
upon
probable
cause
to
be
determined
personally
by
the
judge...
Ondoy
vs.
Ignacio
[G.R.
No.
L-‐47178,
May
16,
1980]
At
the
core
of
this
guarantee
is
the
immunity
of
one's
person,
including
the
extensions
of
his/her
person
-‐
houses,
papers,
and
effects
-‐
against
government
intrusion.
Section
2
not
only
limits
the
state's
power
over
a
person's
home
and
possessions,
but
more
importantly,
28
protects
the
privacy
and
sanctity
of
the
person
himself.117
The
purpose
of
this
provision
was
Section
12
enunciated
by
the
Court
in
People
v.
CFI
of
Rizal,
Branch
IX,
Quezon
City,
viz:
Virtouso
vs.
Municipal
Judge
[G.R.
No.
L-‐47841,
March
21,
1978]
While
the
right
to
life
under
Article
III,
Section
1
guarantees
essentially
the
right
to
be
alive
-‐
upon
which
the
enjoyment
of
all
other
rights
is
preconditioned
-‐
the
right
to
security
of
THE
STATE
SAFEGUARDS
THE
RIGHTS
OF
THE
YOUTH.
-‐
This
Court
should,
whenever
person
is
a
guarantee
of
the
secure
quality
of
this
life,
viz:
"The
life
to
which
each
person
has
appropriate,
give
vitality
and
force
to
the
Youth
and
Welfare
Code,
which
is
an
a
right
is
not
a
life
lived
in
fear
that
his
person
and
property
may
be
unreasonably
violated
implementation
of
this
specific
constitutional
mandate:
"The
State
recognizes
the
vital
role
by
a
powerful
ruler.
Rather,
it
is
a
life
lived
with
the
assurance
that
the
government
he
of
the
youth
in
nation-‐building
and
shall
promote
their
physical,
intellectual,
and
social
established
and
consented
to,
will
protect
the
security
of
his
person
and
property.
The
ideal
well-‐being."
of
security
in
life
and
property...
pervades
the
whole
history
of
man.
It
touches
every
aspect
of
man's
existence."
In
a
broad
sense,
the
right
to
security
of
person
"emanates
in
a
person's
Section
16
legal
and
uninterrupted
enjoyment
of
his
life,
his
limbs,
his
body,
his
health,
and
his
reputation.
It
includes
the
right
to
exist,
and
the
right
to
enjoyment
of
life
while
existing,
Oposa
vs.
Factoran
[G.R.
No.
101083,
July
30,
1993]
and
it
is
invaded
not
only
by
a
deprivation
of
life
but
also
of
those
things
which
are
necessary
to
the
enjoyment
of
life
according
to
the
nature,
temperament,
and
lawful
desires
THE
RIGHT
TO
A
BALANCED
AND
HEALTHFUL
ECOLOGY,
THOUGH
NOT
INCLUDED
IN
THE
of
the
individual."123
BILL
OF
RIGHTS,
IS
A
SOURCE
OF
CIVIL
AND
POLITICAL
RIGHTS.
—
The
complaint
focuses
on
one
specific
fundamental
legal
right
—
the
right
to
a
balanced
and
healthful
ecology
Third,
the
right
to
security
of
person
is
a
guarantee
of
protection
of
one's
rights
by
which,
for
the
first
time
in
our
nation's
constitutional
history,
is
solemnly
incorporated
in
the
government.
In
the
context
of
the
writ
of
Amparo,
this
right
is
built
into
the
the
fundamental
law.
Section
16,
Article
II
of
the
1987
Constitution
explicitly
provides:
guarantees
of
the
right
to
life
and
liberty
under
Article
III,
Section
1
of
the
1987
"SEC.
16.
The
State
shall
protect
and
advance
the
right
of
the
people
to
a
balanced
and
Constitution
and
the
right
to
security
of
person
(as
freedom
from
threat
and
guarantee
of
healthful
ecology
in
accord
with
the
rhythm
and
harmony
of
nature."
This
right
unites
with
bodily
and
psychological
integrity)
under
Article
III,
Section
2.
The
right
to
security
of
the
right
to
health
which
is
provided
for
in
the
preceding
section
of
the
same
article:
"SEC.
person
in
this
third
sense
is
a
corollary
of
the
policy
that
the
State
"guarantees
full
respect
15.
The
State
shall
protect
and
promote
the
right
to
health
of
the
people
and
instill
health
for
human
rights"
under
Article
II,
Section
11
of
the
1987
Constitution.
As
the
government
consciousness
among
them."
While
the
right
to
a
balanced
and
healthful
ecology
is
to
be
is
the
chief
guarantor
of
order
and
security,
the
Constitutional
guarantee
of
the
rights
to
life,
found
under
the
Declaration
of
Principles
and
State
Policies
and
not
under
the
Bill
of
Rights,
liberty
and
security
of
person
is
rendered
ineffective
if
government
does
not
afford
it
does
not
follow
that
it
is
less
important
than
any
of
the
civil
and
political
rights
protection
to
these
rights
especially
when
they
are
under
threat.
Protection
includes
enumerated
in
the
latter.
Such
a
right
belongs
to
a
different
category
of
rights
altogether
for
conducting
effective
investigations,
organization
of
the
government
apparatus
to
extend
it
concerns
nothing
less
than
self-‐preservation
and
self-‐perpetuation
—
aptly
and
fittingly
protection
to
victims
of
extralegal
killings
or
enforced
disappearances
(or
threats
thereof)
stressed
by
the
petitioners
—
the
advancement
of
which
may
even
be
said
to
predate
all
and/or
their
families,
and
bringing
offenders
to
the
bar
of
justice.
The
Inter-‐American
Court
governments
and
constitutions.
As
a
matter
of
fact,
these
basic
rights
need
not
even
be
of
Human
Rights
stressed
the
importance
of
investigation
in
the
Velasquez
Rodriguez
written
in
the
Constitution
for
they
are
assumed
to
exist
from
the
inception
of
humankind.
Case,
viz:
If
they
are
now
explicitly
mentioned
in
the
fundamental
charter,
it
is
because
of
the
well-‐
founded
fear
of
its
framers
that
unless
the
rights
to
a
balanced
and
healthful
ecology
and
to
(The
duty
to
investigate)
must
be
undertaken
in
a
serious
manner
and
not
as
a
health
are
mandated
as
state
policies
by
the
Constitution
itself,
thereby
highlighting
their
mere
formality
preordained
to
be
ineffective.
An
investigation
must
have
an
continuing
importance
and
imposing
upon
the
state
a
solemn
obligation
to
preserve
the
objective
and
be
assumed
by
the
State
as
its
own
legal
duty,
not
as
a
step
first
and
protect
and
advance
the
second,
the
day
would
not
be
too
far
when
all
else
would
taken
by
private
interests
that
depends
upon
the
initiative
of
the
victim
or
be
lost
not
only
for
the
present
generation,
but
also
for
those
to
come
—
generations
which
his
family
or
upon
their
offer
of
proof,
without
an
effective
search
for
the
truth
by
stand
to
inherit
nothing
but
parched
earth
incapable
of
sustaining
life.
The
right
to
a
the
government.135
balanced
and
healthful
ecology
carries
with
it
the
correlative
duty
to
refrain
from
impairing
the
environment.
This
third
sense
of
the
right
to
security
of
person
as
a
guarantee
of
government
protection
has
been
interpreted
by
the
United
Nations'
Human
Rights
Committee136
in
not
a
few
cases
Laguna
Lake
Development
Authority
vs.
CA
[G.R.
No.
110120,
March
16,
1994]
involving
Article
9137
of
the
ICCPR.
While
the
right
to
security
of
person
appears
in
conjunction
with
the
right
to
liberty
under
Article
9,
the
Committee
has
ruled
that
the
right
The
immediate
response
to
the
demands
of
"the
necessities
of
protecting
vital
public
to
security
of
person
can
exist
independently
of
the
right
to
liberty.
In
other
words,
interests"
gives
vitality
to
the
statement
on
ecology
embodied
in
the
Declaration
of
there
need
not
necessarily
be
a
deprivation
of
liberty
for
the
right
to
security
of
person
to
Principles
and
State
Policies
or
the
1987
Constitution.
Article
II,
Section
16
which
provides:
be
invoked.
In
Delgado
Paez
v.
Colombia,138
a
case
involving
death
threats
to
a
religion
teacher
at
a
secondary
school
in
Leticia,
Colombia,
whose
social
views
differed
from
those
"The
State
shall
protect
and
advance
the
right
of
the
people
to
a
balanced
of
the
Apostolic
Prefect
of
Leticia,
the
Committee
held,
viz:
and
healthful
ecology
in
accord
with
the
rhythm
and
harmony
of
nature."
29
As
a
constitutionally
guaranteed
right
of
every
person,
it
carries
the
correlative
duty
of
non-‐ Association
of
Small
Landowners
in
the
Phils.
vs.
Sec.
of
DAR
[G.R.
No.
78742,
July
impairment.
This
is
but
in
consonance
with
the
declared
policy
of
the
state
"to
protect
and
14,
1989]
promote
the
right
to
health
of
the
people
and
instill
health
consciousness
among
them."
It
is
to
be
borne
in
mind
that
the
Philippines
is
party
to
the
Universal
Declaration
of
Human
The
CARP
Law
and
the
other
enactments
also
involved
in
these
cases
have
been
the
subject
Rights
and
the
Alma
Conference
Declaration
of
1978
which
recognize
health
as
a
of
bitter
attack
from
those
who
point
to
the
shortcomings
of
these
measures
and
ask
that
fundamental
human
right.
they
be
scrapped
entirely.
To
be
sure,
these
enactments
are
less
than
perfect;
indeed,
they
should
be
continuously
re-‐examined
and
rehoned,
that
they
may
be
sharper
instruments
for
The
issuance,
therefore,
of
the
cease
and
desist
order
by
the
LLDA,
as
a
practical
matter
of
the
better
protection
of
the
farmer's
rights.
But
we
have
to
start
somewhere.
In
the
pursuit
procedure
under
the
circumstances
of
the
case,
is
a
proper
exercise
of
its
power
and
of
agrarian
reform,
we
do
not
tread
on
familiar
ground
but
grope
on
terrain
fraught
with
authority
under
its
charter
and
its
amendatory
laws.
Had
the
cease
and
desist
order
issued
pitfalls
and
expected
difficulties.
This
is
inevitable.
The
CARP
Law
is
not
a
tried
and
tested
by
the
LLDA
been
complied
with
by
the
City
Government
of
Caloocan
as
it
did
in
the
first
project.
On
the
contrary,
to
use
Justice
Holmes's
words,
"it
is
an
experiment,
as
all
life
is
an
instance,
no
further
legal
steps
would
have
been
necessary.
experiment,"
and
so
we
learn
as
we
venture
forward,
and,
if
necessary,
by
our
own
mistakes.
We
cannot
expect
perfection
although
we
should
strive
for
it
by
all
means.
Section
19
Meantime,
we
struggle
as
best
we
can
in
freeing
the
farmer
from
the
iron
shackles
that
have
unconscionably,
and
for
so
long,
fettered
his
soul
to
the
soil.
Garcia
vs.
Board
of
Investments
[G.R.
No.
92024,
November
9,
1990]
By
the
decision
we
reach
today,
all
major
legal
obstacles
to
the
comprehensive
agrarian
In
the
light
of
all
the
clear
advantages
manifest
in
the
plant's
remaining
in
Bataan,
reform
program
are
removed,
to
clear
the
way
for
the
true
freedom
of
the
farmer.
We
may
practically
nothing
is
shown
to
justify
the
transfer
to
Batangas
except
a
near-‐absolute
now
glimpse
the
day
he
will
be
released
not
only
from
want
but
also
from
the
exploitation
discretion
given
by
BOI
to
investors
not
only
to
freely
choose
the
site
but
to
transfer
it
from
and
disdain
of
the
past
and
from
his
own
feelings
of
inadequacy
and
helplessness.
At
last
his
their
own
first
choice
for
reasons
which
remain
murky
to
say
the
least.
servitude
will
be
ended
forever.
At
last
the
farm
on
which
he
toils
will
be
his
farm.
It
will
be
his
portion
of
the
Mother
Earth
that
will
give
him
not
only
the
staff
of
life
but
also
the
joy
of
And
this
brings
us
to
a
prime
consideration
which
the
Court
cannot
rightly
ignore.
living.
And
where
once
it
bred
for
him
only
deep
despair,
now
can
he
see
in
it
the
fruition
of
Section
1,
Article
XII
of
the
Constitution
provides
that:
his
hopes
for
a
more
fulfilling
future.
Now
at
last
can
he
banish
from
his
small
plot
of
earth
his
insecurities
and
dark
resentments
and
"rebuild
in
it
the
music
and
the
dream."
xxx
xxx
xxx
"The
State
shall
promote
industrialization
and
full
employment
based
on
Section
25
sound
agricultural
development
and
agrarian
reform,
through
industries
that
make
full
and
efficient
use
of
human
and
natural
resources,
and
Basco
vs
PAGCOR
[G.R.
No.
91649,
May
14,
1991]
which
are
competitive
in
both
domestic
and
foreign
markets.
However,
the
State
shall
protect
Filipino
enterprises
against
unfair
foreign
LOCAL
AUTONOMY
SIMPLY
MEANS
DECENTRALIZATION.
-‐
The
power
of
local
government
competition
and
trade
practices."
to
"impose
taxes
and
fees"
is
always
subject
to
"limitations"
which
Congress
may
provide
by
xxx
xxx
xxx
law.
Since
PD
1869
remains
an
"operative"
law
until
"amended,
repealed
or
revoked"
(Sec.
3,
Art.
XVIII,
1987
Constitution),
its
"exemption
clause"
remains
as
an
exception
to
the
Every
provision
of
the
Constitution
on
the
national
economy
and
patrimony
is
infused
with
exercise
of
the
power
of
local
governments
to
impose
taxes
and
fees.
It
cannot
therefore
be
the
spirit
of
national
interest.
The
non-‐alienation
of
natural
resources,
the
State's
full
violative
but
rather
is
consistent
with
the
principle
of
local
autonomy.
Besides,
the
principle
control
over
the
development
and
utilization
of
our
scarce
resources,
agreements
with
of
local
autonomy
under
the
1987
Constitution
simply
means
"decentralization"
(III
foreigners
being
based
on
real
contributions
to
the
economic
growth
and
general
welfare
of
Records
of
the
1987
Constitutional
Commission,
pp.
436-‐436,
as
cited
in
Bernas,
The
the
country
and
the
regulation
of
foreign
investments
in
accordance
with
national
goals
and
Constitution
of
the
Republic
of
the
Philippines,
Vol.
II,
First
Ed.,
1988,
p.
374).
It
does
not
priorities
are
too
explicit
not
to
be
noticed
and
understood.
make
local
governments
sovereign
within
the
state
or
an
"imperium
in
imperio."
"Local
Government
has
been
described
as
a
political
subdivision
of
a
nation
or
state
which
is
A
petrochemical
industry
is
not
an
ordinary
investment
opportunity.
It
should
not
be
constituted
by
law
and
has
substantial
control
of
local
affairs.
In
a
unitary
system
of
treated
like
a
garment
or
embroidery
firm,
a
shoe-‐making
venture,
or
even
an
assembler
of
government,
such
as
the
government
under
the
Philippine
Constitution,
local
governments
cars
or
manufacturer
of
computer
chips,
where
the
BOI
reasoning
may
be
accorded
fuller
can
only
be
an
intra
sovereign
subdivision
of
one
sovereign
nation,
it
cannot
be
an
faith
and
credit.
The
petrochemical
industry
is
essential
to
the
national
interest.
In
other
imperium
in
imperio.
Local
government
in
such
a
system
can
only
mean
a
measure
of
ASEAN
countries
like
Indonesia
and
Malaysia,
the
government
superintends
the
industry
by
decentralization
of
the
function
of
government.
(emphasis
supplied)
As
to
what
state
controlling
the
upstream
or
cracker
facility.
powers
should
be
"decentralized"
and
what
may
be
delegated
to
local
government
units
remains
a
matter
of
policy,
which
concerns
wisdom.
It
is
therefore
a
political
question.
Section
21
(Citizens
Alliance
for
Consumer
Protection
v.
Energy
Regulatory
Board,
162
SCRA
539).
What
is
settled
is
that
the
matter
of
regulating,
taxing
or
otherwise
dealing
with
gambling
is
30
a
State
concern
and
hence,
it
is
the
sole
prerogative
of
the
State
to
retain
it
or
delegate
it
to
language
of
the
provision
which
suggests
such
a
thrust
or
justifies
an
interpretation
of
the
local
governments.
sort.
Limbona
vs.
Mangelin
[G.R.
No.
80391,
February
28,
1989]
The
“equal
access”
provision
is
a
subsumed
part
of
Article
II
of
the
Constitution,
entitled
“Declaration
of
Principles
and
State
Policies.”
The
provisions
under
the
Article
are
generally
DECENTRALIZATION
OF
ADMINISTRATION
DISTINGUISHED
FROM
DECENTRALIZATION
considered
not
self-‐executing,
and
there
is
no
plausible
reason
for
according
a
different
OF
POWER.
—
Autonomy
is
either
decentralization
of
administration
or
decentralization
of
treatment
to
the
“equal
access”
provision.
Like
the
rest
of
the
policies
enumerated
in
Article
power.
There
is
decentralization
of
administration
when
the
central
government
delegates
II,
the
provision
does
not
contain
any
judicially
enforceable
constitutional
right
but
merely
administrative
powers
to
political
subdivisions
in
order
to
broaden
the
base
of
government
specifies
a
guideline
for
legislative
or
executive
action.
The
disregard
of
the
provision
does
power
and
in
the
process
to
make
local
governments
"more
responsive
and
accountable,"
not
give
rise
to
any
cause
of
action
before
the
courts.
and
"ensure
their
fullest
development
as
self-‐reliant
communities
and
make
them
more
effective
partners
in
the
pursuit
of
national
development
and
social
progress."
At
the
same
An
inquiry
into
the
intent
of
the
framers
produces
the
same
determination
that
the
time,
it
relieves
the
central
government
of
the
burden
of
managing
local
affairs
and
enables
provision
is
not
self-‐executory.
The
original
wording
of
the
present
Section
26,
Article
II
had
it
to
concentrate
on
national
concerns.
The
President
exercises
"general
supervision"
over
read,
“The
State
shall
broaden
opportunities
to
public
office
and
prohibit
public
dynasties.”
them,
but
only
to
"ensure
that
local
affairs
are
administered
according
to
law."
He
has
no
Commissioner
(now
Chief
Justice)
Hilario
Davide,
Jr.
successfully
brought
forth
an
control
over
their
acts
in
the
sense
that
he
can
substitute
their
judgments
with
his
own.
amendment
that
changed
the
word
“broaden”
to
the
phrase
“ensure
equal
access,”
and
the
Decentralization
of
power,
on
the
other
hand,
involves
an
abdication
of
political
power
in
substitution
of
the
word
“office”
to
“service.”
He
explained
his
proposal
in
this
wise:
the
favor
of
local
governments
units
declared
to
be
autonomous.
In
that
case,
the
autonomous
government
is
free
to
chart
its
own
destiny
and
shape
its
future
with
minimum
I
changed
the
word
“broaden”
to
“ENSURE
EQUAL
ACCESS
TO”
because
intervention
from
central
authorities.
According
to
a
constitutional
author,
decentralization
what
is
important
would
be
equal
access
to
the
opportunity.
If
you
of
power
amounts
to
"self-‐immolation,"
since
in
that
event,
the
autonomous
government
broaden,
it
would
necessarily
mean
that
the
government
would
be
becomes
accountable
not
to
the
central
authorities
but
to
its
constituency.
mandated
to
create
as
many
offices
as
are
possible
to
accommodate
as
many
people
as
are
also
possible.
That
is
the
meaning
of
broadening
Under
the
1987
Constitution,
local
government
units
enjoy
autonomy
in
these
two
senses,
opportunities
to
public
service.
So,
in
order
that
we
should
not
mandate
thus:
Section
1.
The
territorial
and
political
subdivisions
of
the
Republic
of
the
Philippines
the
State
to
make
the
government
the
number
one
employer
and
to
limit
are
the
provinces,
cities,
municipalities,
and
barangays.
There
shall
be
autonomous
regions
offices
only
to
what
may
be
necessary
and
expedient
yet
offering
equal
in
Muslim
Mindanao
and
the
Cordilleras
as
hereinafter
provided.
Sec.
2.
The
territorial
and
opportunities
to
access
to
it,
I
change
the
word
“broaden.”
(emphasis
political
subdivisions
shall
enjoy
local
autonomy
.
.
.
Sec.
15.
There
shall
be
created
supplied)
autonomous
regions
in
Muslim
Mindanao
and
in
the
Cordilleras
consisting
of
provinces,
cities,
municipalities,
and
geographical
areas
sharing
common
and
distinctive
historical
and
Obviously,
the
provision
is
not
intended
to
compel
the
State
to
enact
positive
measures
that
cultural
heritage,
economic
and
social
structures,
and
other
relevant
characteristics
within
would
accommodate
as
many
people
as
possible
into
public
office.
The
approval
of
the
the
framework
of
this
Constitution
and
the
national
sovereignty
as
well
as
territorial
“Davide
amendment”
indicates
the
design
of
the
framers
to
cast
the
provision
as
simply
integrity
of
the
Republic
of
the
Philippines.
An
autonomous
government
that
enjoys
enunciatory
of
a
desired
policy
objective
and
not
reflective
of
the
imposition
of
a
clear
State
autonomy
of
the
latter
category
[CONST.
(1987),
art.
X
sec.
15.]
is
subject
alone
to
the
burden.
decree
of
the
organic
act
creating
it
and
accepted
principles
on
the
effects
and
limits
of
"autonomy."
On
the
other
hand,
an
autonomous
government
of
the
former
class
is,
as
we
Moreover,
the
provision
as
written
leaves
much
to
be
desired
if
it
is
to
be
regarded
as
the
noted,
under
the
supervision
of
the
national
government
acting
through
the
President
(and
source
of
positive
rights.
It
is
difficult
to
interpret
the
clause
as
operative
in
the
absence
of
the
Department
of
Local
Government).
legislation
since
its
effective
means
and
reach
are
not
properly
defined.
Broadly
written,
the
myriad
of
claims
that
can
be
subsumed
under
this
rubric
appear
to
be
entirely
open-‐ended.
Section
26
Words
and
phrases
such
as
“equal
access,”
“opportunities,”
and
“public
service”
are
susceptible
to
countless
interpretations
owing
to
their
inherent
impreciseness.
Certainly,
it
Pamatong
vs.
COMELEC
[G.R.
No.
161872,
April
13,
2004]
was
not
the
intention
of
the
framers
to
inflict
on
the
people
an
operative
but
amorphous
foundation
from
which
innately
unenforceable
rights
may
be
sourced.
THE
STATE’S
PRINCIPLE
OF
EQUAL
ACCESS
TO
OPPORTUNITIES
IS
NOT
JUDICIALLY
ENFORCEABLE.
-‐
Implicit
in
the
petitioner’s
invocation
of
the
constitutional
provision
As
earlier
noted,
the
privilege
of
equal
access
to
opportunities
to
public
office
may
be
ensuring
“equal
access
to
opportunities
for
public
office”
is
the
claim
that
there
is
a
subjected
to
limitations.
Some
valid
limitations
specifically
on
the
privilege
to
seek
elective
constitutional
right
to
run
for
or
hold
public
office
and,
particularly
in
his
case,
to
seek
the
office
are
found
in
the
provisions
of
the
Omnibus
Election
Code
on
“Nuisance
Candidates”
presidency.
There
is
none.
What
is
recognized
is
merely
a
privilege
subject
to
limitations
and
COMELEC
Resolution
No.
6452
dated
December
10,
2002
outlining
the
instances
imposed
by
law.
Section
26,
Article
II
of
the
Constitution
neither
bestows
such
a
right
nor
wherein
the
COMELEC
may
motu
proprio
refuse
to
give
due
course
to
or
cancel
a
Certificate
elevates
the
privilege
to
the
level
of
an
enforceable
right.
There
is
nothing
in
the
plain
of
Candidacy.
31
Thus,
while
the
manner
of
examining
public
records
may
be
subject
to
reasonable
As
long
as
the
limitations
apply
to
everybody
equally
without
discrimination,
however,
the
regulation
by
the
government
agency
in
custody
thereof,
the
duty
to
disclose
the
equal
access
clause
is
not
violated.
Equality
is
not
sacrificed
as
long
as
the
burdens
information
of
public
concern,
and
to
afford
access
to
public
records
cannot
be
engendered
by
the
limitations
are
meant
to
be
borne
by
any
one
who
is
minded
to
file
a
discretionary
on
the
part
of
said
agencies.
Certainly,
its
performance
cannot
be
made
certificate
of
candidacy.
In
the
case
at
bar,
there
is
no
showing
that
any
person
is
exempt
contingent
upon
the
discretion
of
such
agencies.
Otherwise,
the
enjoyment
of
the
from
the
limitations
or
the
burdens
which
they
create.
constitutional
right
may
be
rendered
nugatory
by
any
whimsical
exercise
of
agency
discretion.
The
constitutional
duty,
not
being
discretionary,
its
performance
may
be
Section
28
compelled
by
a
writ
of
Mandamus
in
a
proper
case.
Legaspi
vs.
Civil
Service
Commission
[G.R.
No.
72119,
May
29,
1987]
Valmonte
vs.
Belmonte
[G.R.
No.
74930,
February
13,
1989]
AGENCIES
CAN
ONLY
REGULATE
THE
MANNER
OF
INSPECTION,
BUT
MAY
NOT
PROHIBIT
GOVERNMENT
OWNED
AND
CONTROLLED
CORPORATIONS
ARE
LIKEWISE
SUBJECT
TO
ACCESS.
-‐
It
is
clear
from
the
foregoing
pronouncements
of
this
Court
that
government
THE
PRINCIPLE
OF
FULL
PUBLIC
DISCLOSURE.
-‐
Considering
the
intent
of
the
framers
of
agencies
are
without
discretion
in
refusing
disclosure
of,
or
access
to,
information
of
public
the
Constitution
which,
though
not
binding
upon
the
Court,
are
nevertheless
persuasive,
concern.
This
is
not
to
lose
sight
of
the
reasonable
regulations
which
may
be
imposed
by
and
considering
further
that
government-‐owned
and
controlled
corporations,
whether
said
agencies
in
custody
of
public
records
on
the
manner
in
which
the
right
to
information
performing
proprietary
or
governmental
functions
are
accountable
to
the
people,
the
Court
may
be
exercised
by
the
public.
In
the
Subido
case,
We
recognized
the
authority
of
the
is
convinced
that
transactions
entered
into
by
the
GSIS,
a
government-‐controlled
Register
of
Deeds
to
regulate
the
manner
in
which
persons
desiring
to
do
so,
may
inspect,
corporation
created
by
special
legislation
are
within
the
ambit
of
the
people's
right
to
be
examine
or
copy
records
relating
to
registered
lands.
However,
the
regulations
which
the
informed
pursuant
to
the
constitutional
policy
of
transparency
in
government
dealings.
Register
of
Deeds
may
promulgate
are
confined
to:
In
fine,
petitioners
are
entitled
to
access
to
the
documents
evidencing
loans
granted
by
the
.
.
.
prescribing
the
manner
and
hours
of
examination
to
the
end
that
GSIS,
subject
to
reasonable
regulations
that
the
latter
may
promulgate
relating
to
the
damage
to
or
loss
of,
the
records
may
be
avoided,
that
undue
manner
and
hours
of
examination,
to
the
end
that
damage
to
or
loss
of
the
records
may
be
interference
with
the
duties
of
the
custodian
of
the
books
and
documents
avoided,
that
undue
interference
with
the
duties
of
the
custodian
of
the
records
may
be
and
other
employees
may
be
prevented,
that
the
right
of
other
persons
prevented
and
that
the
right
of
other
persons
entitled
to
inspect
the
records
may
be
insured
entitled
to
make
inspection
may
be
insured
.
.
.
(Subido
vs.
Ozaeta,
80
[Legaspi
v.
Civil
Service
Commission,
supra
at
p.
538,
quoting
Subido
v.
Ozaeta,
80
Phil.
383,
Phil.
383,
387).
387.]
The
petition,
as
to
the
second
and
third
alternative
acts
sought
to
be
done
by
petitioners,
is
meritorious.
Applying
the
Subido
ruling
by
analogy,
We
recognized
a
similar
authority
in
a
municipal
judge,
to
regulate
the
manner
of
inspection
by
the
public
of
criminal
docket
records
in
the
THE
RIGHT
TO
INFORMATION
ON
MATTERS
OF
PUBLIC
CONCERN
DOES
NOT
CARRY
case
of
Baldoza
vs.
Dimaano
(Adm.
Matter
No.
1120-‐MJ,
May
5,
1976,
71
SCRA
14).
Said
WITH
IT
THE
RIGHT
TO
DEMAND
COPIES
OF
THE
DOCUMENTS
SOUGHT
TO
BE
administrative
case
was
filed
against
the
respondent
judge
for
his
alleged
refusal
to
allow
INSPECTED.
-‐
However,
the
same
cannot
be
said
with
regard
to
the
first
act
sought
by
examination
of
the
criminal
docket
records
in
his
sala.
Upon
a
finding
by
the
Investigating
petitioners,
i.e.,
"to
furnish
petitioners
the
list
of
the
names
of
the
Batasang
Pambansa
Judge
that
the
respondent
had
allowed
the
complainant
to
open
and
view
the
subject
members
belonging
to
the
UNIDO
and
PDP-‐Laban
who
were
able
to
secure
clean
loans
records,
We
absolved
the
respondent.
In
effect,
We
have
also
held
that
the
rules
and
immediately
before
the
February
7
election
thru
the
intercession/marginal
note
of
the
then
conditions
imposed
by
him
upon
the
manner
of
examining
the
public
records
were
First
Lady
Imelda
Marcos."
reasonable.
Although
citizens
are
afforded
the
right
to
information
and,
pursuant
thereto,
are
entitled
to
In
both
the
Subido
and
the
Baldoza
cases,
We
were
emphatic
in
Our
statement
that
the
"access
to
official
records,"
the
constitution
does
not
accord
them
a
right
to
compel
authority
to
regulate
the
manner
of
examining
public
records
does
not
carry
with
it
the
custodians
of
official
records
to
prepare
lists,
abstracts,
summaries
and
the
like
in
their
power
to
prohibit.
A
distinction
has
to
be
made
between
the
discretion
to
refuse
outright
desire
to
acquire
information
or
matters
of
public
concern.
the
disclosure
of
or
access
to
a
particular
information
and
the
authority
to
regulate
the
manner
in
which
the
access
is
to
be
afforded.
The
first
is
a
limitation
upon
the
availability
of
Aquino-‐Sarmiento
vs.
Morato
[G.R.
No.
92541,
November
13,
1991]
access
to
the
information
sought,
which
only
the
Legislature
may
impose
(Art.
III,
Sec.
6,
1987
Constitution).
The
second
pertains
to
the
government
agency
charged
with
the
RIGHT
OF
THE
PEOPLE
TO
INFORMATION
ON
MATTERS
OF
PUBLIC
CONCERN
IS
SELF-‐
custody
of
public
records.
Its
authority
to
regulate
access
is
to
be
exercised
solely
to
the
end
EXECUTORY.
—
As
We
held
in
Legaspi
v.
Civil
Service
Commission
(150
SCRA
530
[1987]),
that
damage
to,
or
loss
of,
public
records
may
be
avoided,
undue
interference
with
the
the
constitutional
provision
"The
right
of
the
people
to
information
on
matters
of
public
duties
of
said
agencies
may
be
prevented,
and
more
importantly,
that
the
exercise
of
the
concern"
is
self-‐executory
and
supplies
"the
rules
by
means
of
which
the
right
to
same
constitutional
right
by
other
persons
shall
be
assured
(Subido
vs.
Ozaeta,
supra).
information
may
be
enjoyed
(Cooley,
A
Treatise
on
Constitutional
Limitations
167
[1927])
by
guaranteeing
the
right
and
mandating
the
duty
to
afford
access
to
sources
of
32
information.
Hence,
the
fundamental
right
therein
recognized
may
be
asserted
by
the
plain
departure
from
its
command.
The
essence
of
the
trust
reposed
in
people
upon
the
ratification
of
the
constitution
without
need
for
any
ancillary
act
of
the
him
is
to
decide.
Only
a
higher
court,
as
was
emphasized
by
Justice
Legislature.
What
may
be
provided
for
by
the
Legislature
are
reasonable
conditions
and
Barredo,
can
pass
on
his
actuation.
He
is
not
a
subordinate
of
an
limitations
upon
the
access
to
be
afforded
which
must,
of
necessity,
be
consistent
with
the
executive
or
legislative
official,
however
eminent.
It
is
indispensable
that
declared
State
policy
of
full
public
disclosure
of
all
transactions
involving
public
interest
there
be
no
exception
to
the
rigidity
of
such
a
norm
if
he
is,
as
expected,
(Constitution,
Art.
II,
Sec.
28)."
(See
also
Tañada
v.
Tuvera,
136
SCRA
27
[1985];
Valmonte
v.
to
be
confined
to
the
task
of
adjudication.
Fidelity
to
his
sworn
Belmonte,
Jr.,
170
SCRA
256
[1989]).
responsibility
no
less
than
the
maintenance
of
respect
for
the
judiciary
can
be
satisfied
with
nothing
less."
Respondents
contend,
however,
that
what
is
rendered
by
the
members
of
the
board
in
reviewing
films
and
reflected
in
their
individual
voting
slip
is
their
individual
vote
of
This
declaration
does
not
mean
that
RTC
Judges
should
adopt
an
attitude
of
monastic
conscience
on
the
motion
picture
or
television
program
and
as
such,
makes
the
individual
insensibility
or
unbecoming
indifference
to
Province/City
Committee
on
Justice.
As
voting
slip
purely
private
and
personal;
an
exclusive
property
of
the
member
concerned.
incumbent
RTC
Judges,
they
form
part
of
the
structure
of
government.
Their
integrity
and
performance
in
the
adjudication
of
cases
contribute
to
the
solidity
of
such
structure.
As
The
term
private
has
been
defined
as
"belonging
to
or
concerning,
an
individual
person,
public
officials,
they
are
trustees
of
an
orderly
society.
Even
as
non-‐members
of
company,
or
interest";
whereas,
public
means
"pertaining
to,
or
belonging
to,
or
affecting
a
Provincial/City
Committees
on
Justice,
RTC
judges
should
render
assistance
to
said
nation,
state,
or
community
at
large"
(People
v.
Powell,
274
NW
372
[1937]).
May
the
Committees
to
help
promote
the
laudable
purposes
for
which
they
exist,
but
only
when
decisions
of
respondent
Board
and
the
individual
members
concerned,
arrived
at
in
an
such
assistance
may
be
reasonably
incidental
to
the
fulfillment
of
their
judicial
duties.
official
capacity,
be
considered
private?
Certainly
not.
As
may
be
gleaned
from
the
decree
(PD
1986)
creating
the
respondent
classification
board,
there
is
no
doubt
that
its
very
Angara
vs.
Electoral
Commission
[G.R.
No.
45081,
July
15,
1936]
existence
is
public
in
character;
it
is
an
office
created
to
serve
public
interest.
It
being
the
case,
respondents
can
lay
no
valid
claim
to
privacy.
The
right
to
privacy
belongs
to
the
CONCEPTS
OF
SEPARATION
OF
POWERS
AND
CHECKS
AND
BALANCES
-‐
The
separation
of
individual
acting
in
his
private
capacity
and
not
to
a
governmental
agency
or
officers
tasked
powers
is
a
fundamental
principle
in
our
system
of
government.
It
obtains
not
through
with,
and
acting
in,
the
discharge
of
public
duties
(See
Valmonte
v.
Belmonte,
Jr.,
supra.)
express
provision
but
by
actual
division
in
our
Constitution.
Each
department
of
the
There
can
be
no
invasion
of
privacy
in
the
case
at
bar
since
what
is
sought
to
be
divulged
is
government
has
exclusive
cognizance
of
matters
within
its
jurisdiction,
and
is
supreme
a
product
of
action
undertaken
in
the
course
of
performing
official
functions.
To
declare
within
its
own
sphere.
But
it
does
not
follow
from
the
fact
that
the
three
powers
are
to
be
otherwise
would
be
to
clothe
every
public
official
with
an
impregnable
mantle
of
protection
kept
separate
and
distinct
that
the
Constitution
intended
them
to
be
absolutely
against
public
scrutiny
for
their
official
acts.
unrestrained
and
independent
of
each
other.
The
Constitution
has
provided
for
an
elaborate
system
of
checks
and
balances
to
secure
coordination
in
the
workings
of
the
various
SEPARATION
OF
POWERS
departments
of
the
government.
For
example,
the
Chief
Executive
under
our
Constitution
is
so
far
made
a
check
on
the
legislative
power
that
this
assent
is
required
in
the
enactment
of
In
re:
Manzano
[A.M.
No.
88-‐7-‐1861-‐RTC,
October
5,
1988]
laws.
This,
however,
is
subject
to
the
further
check
that
a
bill
may
become
a
law
notwithstanding
the
refusal
of
the
President
to
approve
it,
by
a
vote
of
two-‐thirds
or
three-‐
IN
DEFERENCE
TO
THE
CONCEPT
OF
SEPARATION
OF
POWERS,
JUDICIAL
OFFICERS
ARE
fourths,
as
the
case
may
be,
of
the
National
Assembly.
The
President
has
also
the
right
to
NOT
ALLOWED
TO
BE
APPOINTED
TO
POSITIONS
PERFORMING
NON-‐JUDICIAL
convene
the
Assembly
in
special
session
whenever
he
chooses.
On
the
other
hand,
the
FUNCTIONS.
-‐
Under
the
Constitution,
the
members
of
the
Supreme
Court
and
other
courts
National
Assembly
operates
as
a
check
on
the
Executive
in
the
sense
that
its
consent
established
by
law
shall
not
be
designated
to
any
agency
performing
quasi-‐judicial
or
through
its
Commission
on
Appointments
is
necessary
in
the
appointment
of
certain
administrative
functions
(Section
12,
Art.
VIII,
Constitution).
officers;
and
the
concurrence
of
a
majority
of
all
its
members
is
essential
to
the
conclusion
of
treaties.
Furthermore,
in
its
power
to
determine
what
courts
other
than
the
Supreme
Considering
that
membership
of
Judge
Manzano
in
the
Ilocos
Norte
Provincial
Committee
Court
shall
be
established,
to
define
their
jurisdiction
and
to
appropriate
funds
for
their
on
Justice,
which
discharges
administrative
functions,
will
be
in
violation
of
the
support,
the
National
Assembly
controls
the
judicial
department
to
a
certain
extent.
The
Constitution,
the
Court
is
constrained
to
deny
his
request.
Assembly
also
exercises
the
judicial
power
of
trying
impeachments.
And
the
judiciary
in
turn,
with
the
Supreme
Court
as
the
final
arbiter,
effectively
checks
the
other
departments
Former
Chief
Justice
Enrique
M.
Fernando
in
his
concurring
opinion
in
the
case
of
Garcia
vs.
in
the
exercise
of
its
power
to
determine
the
law,
and
hence
to
declare
executive
and
Macaraig
(39
SCRA
106)
ably
sets
forth:
legislative
acts
void
if
violative
of
the
Constitution.
"While
the
doctrine
of
separation
of
powers
is
a
relative
theory
not
to
be
But
in
the
main,
the
Constitution
has
blocked
out
with
deft
strokes
and
in
bold
lines,
enforced
with
pedantic
rigor,
the
practical
demands
of
government
allotment
of
power
to
the
executive,
the
legislative
and
the
judicial
departments
of
the
precluding
its
doctrinaire
application,
it
cannot
justify
a
member
of
the
government.
The
overlapping
and
interlacing
of
functions
and
duties
between
the
several
judiciary
being
required
to
assume
a
position
or
perform
a
duty
non-‐ departments,
however,
sometimes
makes
it
hard
to
say
just
where
the
one
leaves
off
and
judicial
in
character.
That
is
implicit
in
the
principle.
Otherwise
there
is
a
the
other
begins.
In
times
of
social
disquietude
or
political
excitement,
the
great
landmarks
33
of
the
Constitution
are
apt
to
be
forgotten
or
marred,
if
not
entirely
obliterated.
In
cases
of
come
be
tested
in
the
crucible
of
Filipino
minds
and
hearts
than
in
consultation
rooms
and
conflict,
the
judicial
department
is
the
only
constitutional
organ
which
can
be
called
upon
to
court
chambers.
determine
the
proper
allocation
of
powers
between
the
several
departments
and
among
the
integral
or
constituent
units
thereof.
THE
CONSTITUTIONAL
GRANT
OF
POWER
TO
JUDGE
ALL
CONTROVERSIES
RELATING
TO
THE
ELECTION,
RETURNS
AND
QUALIFICATIONS
OF
MEMBERS
OF
THE
NATIONAL
As
any
human
production,
our
Constitution
is
of
course
lacking
perfection
and
perfectibility,
ASSEMBLY
CARRIES
WITH
IT
THE
POWER
TO
ISSUE
REGULATIONS
RELATIVE
TO
THE
but
as
much
as
it
was
within
the
power
of
our
people,
acting
through
their
delegates
to
so
EXERCISE
OF
THE
POWERS
EXPRESSLY
CONFERRED.
-‐
The
grant
of
power
to
the
Electoral
provide,
that
instrument
which
is
the
expression
of
their
sovereignty
however
limited,
has
Commission
to
judge
all
contests
relating
to
the
election,
returns
and
qualifications
of
established
a
republican
government
intended
to
operate
and
function
as
a
harmonious
members
of
the
National
Assembly,
is
intended
to
be
as
complete
and
unimpaired
as
if
it
whole,
under
a
system
of
checks
and
balances,
and
subject
to
specific
limitations
and
had
remained
originally
in
the
legislature.
The
express
lodging
of
that
power
in
the
restrictions
provided
in
the
said
instrument.
The
Constitution
sets
forth
in
no
uncertain
Electoral
Commission
is
an
implied
denial
of
the
exercise
of
that
power
by
the
National
language
the
restrictions
and
limitations
upon
governmental
powers
and
agencies.
If
these
Assembly.
And
this
is
as
effective
a
restriction
upon
the
legislative
power
as
an
express
restrictions
and
limitations
are
transcended
it
would
be
inconceivable
if
the
Constitution
prohibition
in
the
Constitution
(Ex
parte
Lewis,
45
Tex.
Crim.
Rep.,
1;
State
vs.
Whisman,
36
had
not
provided
for
a
mechanism
by
which
to
direct
the
course
of
government
along
S.
D.,
260;
L.
R.
A.,
1917B,
1).
If
we
concede
the
power
claimed
in
behalf
of
the
National
constitutional
channels,
for
then
the
distribution
of
powers
would
be
mere
verbiage,
the
bill
Assembly
that
said
body
may
regulate
the
proceedings
of
the
Electoral
Commission
and
cut
of
rights
mere
expressions
of
sentiment,
and
the
principles
of
good
government
mere
off
the
power
of
the
commission
to
lay
down
the
period
within
which
protests
should
be
political
apothegms.
Certainly,
the
limitations
and
restrictions
embodied
in
our
Constitution
filed,
the
grant
of
power
to
the
commission
would
be
ineffective.
The
Electoral
Commission
are
real
as
they
should
be
in
any
living
constitution.
In
the
United
States
where
no
express
in
such
case
would
be
invested
with
the
power
to
determine
contested
cases
involving
the
constitutional
grant
is
found
in
their
constitution,
the
possession
of
this
moderating
power
election,
returns
and
qualifications
of
the
members
of
the
National
Assembly
but
subject
at
of
the
courts,
not
to
speak
of
its
historical
origin
and
development
there,
has
been
set
at
rest
all
times
to
the
regulative
power
of
the
National
Assembly.
Not
only
would
the
purpose
of
by
popular
acquiescence
for
a
period
of
more
than
one
and
a
half
centuries.
In
our
case,
this
the
framers
of
our
Constitution
of
totally
transferring
this
authority
from
the
legislative
moderating
power
is
granted,
if
not
expressly,
by
clear
implication
from
section
2
of
article
body
be
frustrated,
but
a
dual
authority
would
be
created
with
the
resultant
inevitable
clash
VIII
of
our
Constitution.
of
powers
from
time
to
time.
A
sad
spectacle
would
then
be
presented
of
the
Electoral
Commission
retaining
the
bare
authority
of
taking
cognizance
of
cases
referred
to,
but
in
JUDICIAL
SUPREMACY
-‐
The
Constitution
is
a
definition
of
the
powers
of
government.
Who
reality
without
the
necessary
means
to
render
that
authority
effective
whenever
and
is
to
determine
the
nature,
scope
and
extent
of
such
powers?
The
Constitution
itself
has
wherever
the
National
Assembly
has
chosen
to
act,
a
situation
worse
than
that
intended
to
provided
for
the
instrumentality
of
the
judiciary
as
the
rational
way.
And
when
the
judiciary
be
remedied
by
the
framers
of
our
Constitution.
The
power
to
regulate
on
the
part
of
the
mediates
to
allocate
constitutional
boundaries,
it
does
not
assert
any
superiority
over
the
National
Assembly
in
procedural
matters
will
inevitably
lead
to
the
ultimate
control
by
the
other
departments;
it
does
not
in
reality
nullify
or
invalidate
an
act
of
the
legislature,
but
Assembly
of
the
entire
proceedings
of
the
Electoral
Commission,
and,
by
indirection,
to
the
only
asserts
the
solemn
and
sacred
obligation
assigned
to
it
by
the
Constitution
to
entire
abrogation
of
the
constitutional
grant.
It
is
obvious
that
this
result
should
not
be
determine
conflicting
claims
of
authority
under
the
Constitution
and
to
establish
for
the
permitted.
parties
in
an
actual
controversy
the
rights
which
that
instrument
secures
and
guarantees
to
them.
This
is
in
truth
all
that
is
involved
in
what
is
termed
"judicial
supremacy"
which
We
are
not
insensible
to
the
impassioned
argument
of
the
learned
counsel
for
the
petitioner
properly
is
the
power
of
judicial
review
under
the
Constitution.
Even
then,
this
power
of
regarding
the
importance
and
necessity
of
respecting
the
dignity
and
independence
of
the
judicial
review
is
limited
to
actual
cases
and
controversies
to
be
exercised
after
full
National
Assembly
as
a
coordinate
department
of
the
government
and
of
according
validity
opportunity
of
argument
by
the
parties,
and
limited
further
to
the
constitutional
question
to
its
acts,
to
avoid
what
he
characterized
would
be
practically
an
unlimited
power
of
the
raised
or
the
very
lis
mota
presented.
Any
attempt
at
abstraction
could
only
lead
to
commission
in
the
admission
of
protests
against
members
of
the
National
Assembly.
But
as
dialectics
and
barren
legal
questions
and
to
sterile
conclusions
of
wisdom,
justice
or
we
have
pointed
out
hereinabove,
the
creation
of
the
Electoral
Commission
carried
with
it
expediency
of
legislation.
More
than
that,
courts
accord
the
presumption
of
ex
necesitate
rei
the
power
regulative
in
character
to
limit
the
time
within
which
protests
constitutionality
to
legislative
enactments,
not
only
because
the
legislature
is
presumed
to
intrusted
to
its
cognizance
should
be
filed.
It
is
a
settled
rule
of
construction
that
where
a
abide
by
the
Constitution
but
also
because
the
judiciary
in
the
determination
of
actual
cases
general
power
is
conferred
or
duty
enjoined,
every
particular
power
necessary
for
the
and
controversies
must
reflect
the
wisdom
and
justice
of
the
people
as
expressed
through
exercise
of
the
one
or
the
performance
of
the
other
is
also
conferred
(Cooley,
Constitutional
their
representatives
in
the
executive
and
legislative
departments
of
the
government.
Limitations,
eighth
ed.,
vol.
I,
pp.
138,
139).
In
the
absence
of
any
further
constitutional
provision
relating
to
the
procedure
to
be
followed
in
filing
protests
before
the
Electoral
But
much
as
we
might
postulate
on
the
internal
checks
of
power
provided
in
our
Commission,
therefore,
the
incidental
power
to
promulgate
such
rules
necessary
for
the
Constitution,
it
ought
not
the
less
to
be
remembered
that,
in
the
language
of
James
Madison,
proper
exercise
of
its
exclusive
power
to
judge
all
contests
relating
to
the
election,
returns
the
system
itself
is
not
"the
chief
palladium
of
constitutional
liberty
.
.
.
the
people
who
are
and
qualifications
of
members
of
the
National
Assembly,
must
be
deemed
by
necessary
authors
of
this
blessing
must
also
be
its
guardians
.
.
.
their
eyes
must
be
ever
ready
to
mark,
implication
to
have
been
lodged
also
in
the
Electoral
Commission.
their
voice
to
pronounce
.
.
.
aggression
on
the
authority
of
their
constitution."
In
the
last
and
ultimate
analysis,
then,
must
the
success
of
our
government
in
the
unfolding
years
to
Casibang
vs.
Aquino
[G.R.
No.
L-‐38025,
August
20,
1979]
34
'term'
thereof,"
and
that
"it
is
erroneous
to
conclude
that
under
Section
9,
Article
XVII
of
the
POLITICAL
QUESTION
-‐
The
term
"political
question"
connotes
what
it
means
in
ordinary
New
Constitution,
the
term
of
office
of
the
private
respondents
expired,
and
that
they
are
parlance,
namely,
a
question
of
policy.
It
refers
to
those
questions
which
under
the
now
holding
their
respective
offices
under
a
new
term.
We
are
of
the
opinion
that
they
hold
Constitution,
are
to
be
decided
by
the
people
in
their
sovereign
capacity;
or
in
regard
to
their
respective
offices
still
under
the
term
to
which
they
have
been
elected,
although
the
which
full
discretionary
authority
has
been
delegated
to
the
legislative
or
executive
branch
same
is
now
indefinite"
(Paredes,
Sunga
and
Valley
cases,
supra).
of
the
government.
It
is
concerned
with
issues
dependent
upon
the
wisdom,
not
legality,
of
a
particular
measure"
(Tañada
vs.
Cuenco,
L-‐1052,
Feb.
28,
1957).
A
broader
definition
was
Tañada
vs.
Cuenco
[G.R.
No.
L-‐10520,
February
28,
1957]
advanced
by
U.S.
Supreme
Court
Justice
Brennan
in
Baker
vs.
Carr
(369
U.S.
186
[1962):
"Prominent
on
the
surface
of
any
case
held
to
involve
a
political
question
is
found
a
THE
COMPOSITION
OF
THE
ELECTORAL
TRIBUNAL
IS
A
JUSTICEABLE
QUESTION
-‐
textually
demonstrable
constitutional
commitment
of
the
issue
to
a
coordinate
political
Respondents
assail
our
jurisdiction
to
entertain
the
petition,
upon
the
ground
that
the
department;
or
a
lack
of
judicially
discoverable
and
manageable
standards
for
resolving
it;
power
to
choose
six
(6)
Senators
as
members
of
the
Senate
Electoral
Tribunal
has
been
or
the
impossibility
of
deciding
without
an
initial
policy
determination
of
a
kind
clearly
for
expressly
conferred
by
the
Constitution
upon
the
Senate,
despite
the
fact
that
the
draft
non-‐judicial
discretion;
or
the
impossibility
of
a
court's
undertaking
independent
resolution
submitted
to
the
constitutional
convention
gave
to
the
respective
political
parties
the
right
without
expressing
lack
of
respect
due
coordinate
branches
of
the
government;
or
an
to
elect
their
respective
representatives
in
the
Electoral
Commission
provided
for
in
the
unusual
need
for
unquestioning
adherence
to
a
political
decision
already
made;
or
the
original
Constitution
of
the
Philippines,
and
that
the
only
remedy
available
to
petitioners
potentiality
of
embarrassment
from
multifarious
pronouncements
by
various
departments
herein
"is
not
in
the
judicial
forum",
but
"to
bring
the
matter
to
the
bar
of
public
opinion."
on
one
question"
(p.
217).
And
Chief
Justice
Enrique
M.
Fernando,
then
an
Associate
Justice,
of
this
Court
fixed
the
limits
of
the
term,
thus:
"The
term
has
been
made
applicable
to
We
cannot
agree
with
the
conclusion
drawn
by
respondents
from
the
foregoing
facts.
To
controversies
clearly
non-‐judicial
and
therefore
beyond
its
jurisdiction
or
to
an
issue
begin
with,
unlike
the
cases
of
Alejandrino
vs.
Quezon
(46
Phil.,
83)
and
Vera
vs.
Avelino
(77
involved
in
a
case
appropriately
subject
to
its
cognizance,
as
to
which
there
has
been
a
prior
Phil.,
192)
—
relied
upon
by
the
respondents
—
this
is
not
an
action
against
the
Senate,
and
legislative
or
executive
determination
to
which
deference
must
be
paid
(Cf.
Vera
vs.
Avelino,
it
does
not
seek
to
compel
the
latter,
either
directly
or
indirectly,
to
allow
the
petitioners
to
77
Phil.
192
[1946];
Lopez
vs.
Roxas,
L-‐25716,
July
28,
1966,
17
SCRA
756;
Gonzales
vs.
perform
their
duties
as
members
of
said
House.
Although
the
Constitution
provides
that
the
Commission
on
Elections,
L-‐28196,
Nov.
9,
1967,
21
SCRA
774).
It
has
likewise
been
Senate
shall
choose
six
(6)
Senators
to
be
members
of
the
Senate
Electoral
Tribunal,
the
employed
loosely
to
characterize
a
suit
where
the
party
proceeded
against
is
the
President
latter
is
part
neither
of
Congress
nor
of
the
Senate.
(Angara
vs.
Electoral
Commission,
63
or
Congress,
or
any
branch
thereof
(Cf.
Planas
vs.
Gil,
67
Phil.
62
[1937];
Vera
vs.
Avelino,
77
Phil.,
139;
Suanes
vs.
Chief
Accountant,
81
Phil.,
818;
46
Off.
Gaz.,
462.)
Phil.
192
[1946]).
If
to
be
delimited
with
accuracy;
'political
questions
should
refer
to
such
as
would
under
the
Constitution
be
decided
by
the
people
in
their
sovereign
capacity
or
in
Secondly,
although
the
Senate
has,
under
the
Constitution,
the
exclusive
power
to
choose
regard
to
which
full
discretionary
authority
is
vested
either
in
the
President
or
Congress.
It
the
Senators
who
shall
form
part
of
the
Senate
Electoral
Tribunal,
the
fundamental
law
has
is
thus
beyond
the
competence
of
the
judiciary
to
pass
upon.
.
.
."
(Lansang
vs.
Garcia,
42
prescribed
the
manner
in
which
the
authority
shall
be
exercised.
As
the
author
of
a
very
SCRA
448,
504-‐505
[1971])
enlightening
study
on
judicial
self-‐limitation
has
aptly
put
it:
JUSTICEABLE
QUESTION
-‐
A
purely
justiciable
question
or
controversy
as
it
implies
a
given
"The
courts
are
called
upon
to
say,
on
the
one
hand,
by
whom
certain
right,
legally
demandable
and
enforceable,
an
act
or
omission
violative
of
said
right,
and
a
powers
shall
be
exercised,
and
on
the
other
hand,
to
determine
whether
remedy,
granted
or
sanctioned
by
law,
for
said
breach
of
right
(Tan
vs.
Republic,
107
Phil.
the
powers
thus
possessed
have
been
validly
exercised.
In
performing
632-‐633
[1960]).
Before
and
after
the
ratification
and
effectivity
of
the
New
Constitution,
the
latter
function,
they
do
not
encroach
upon
the
powers
of
a
coordinate
the
nature
of
the
aforesaid
issue
as
well
as
the
consequences
of
its
resolution
by
the
Court,
branch
of
the
government,
since
the
determination
of
the
validity
of
an
remains
the
same
as
above-‐stated.
act
is
not
the
same
thing
as
the
performance
of
the
act.
In
the
one
case
we
are
seeking
to
ascertain
upon
whom
devolves
the
duty
of
the
particular
DISTINCTION
BETWEEN
“TERM”
OF
OFFICE
AND
“RIGHT”
TO
OFFICE.
-‐
That
"there
is
a
service.
In
the
other
case
we
are
merely
seeking
to
determine
whether
difference
between
the
'term'
of
office
and
the
'right'
to
hold
an
office.
A
'term'
of
office
is
the
Constitution
has
been
violated
by
anything
done
or
attempted
by
the
period
during
which
an
elected
officer
or
appointee
is
entitled
to
hold
office,
perform
its
either
an
executive
official
or
the
legislative."
(Judicial
Self-‐Limitation
by
functions
and
enjoy
its
privileges
and
emoluments.
A
'right'
to
hold
a
public
office
is
the
just
Finkelstein,
pp.
221,
224,
244,
Harvard
Law
Review,
Vol.
39;
emphasis
and
legal
claim
to
hold
and
enjoy
the
powers
and
responsibilities
of
the
office.
In
other
supplied.)
words,
the
'term'
refers
to
the
period,
duration
of
length
of
time
during
which
the
occupant
of
an
office
is
entitled
to
stay
therein
whether
such
period
be
definite
or
indefinite.
Hence,
Again,
under
the
Constitution,
"the
legislative
power"
is
vested
exclusively
in
the
Congress
although
Section
9,
Article
XVII
of
the
New
Constitution
made
the
term
of
the
petitioners
of
the
Philippines.
Yet,
this
does
not
detract
from
the
power
of
the
courts
to
pass
upon
the
indefinite,
it
did
not
foreclose
any
challenge
by
the
herein
petitioners,
in
an
election
protest,
constitutionality
of
acts
of
Congress
And,
since
judicial
power
includes
the
authority
to
of
the
'right'
of
the
private
respondents
to
continue
holding
their
respective
office.
What
has
inquire
into
the
legality
of
statutes
enacted
by
the
two
Houses
of
Congress,
and
approved
by
been
directly
affected
by
said
constitutional
provision
is
the
'term'
to
the
office,
although
the
Executive,
there
can
be
no
reason
why
the
validity
of
an
act
of
one
of
said
Houses,
like
the
'right'
of
the
incumbent
to
an
office
which
he
is
legally
holding
is
co-‐extensive
with
the
that
of
any
other
branch
of
the
Government,
may
not
be
determined
in
the
proper
actions.
35
Thus,
in
the
exercise
of
the
so-‐
called
"judicial
supremacy",
this
Court
declared
that
a
was
not
a
proper
subject
of
judicial
inquiry
because,
they
claimed,
it
partook
of
a
political
resolution
of
the
defunct
National
Assembly
could
not
bar
the
exercise
of
the
powers
of
the
nature,
and
We
unanimously
declared
that
the
issue
was
a
justiciable
one.
With
identical
former
Electoral
Commission
under
the
original
Constitution.
2
(Angara
vs.
Electoral
unanimity.
We
overruled
the
respondent's
contention
in
the
1971
habeas
corpus
cases,
Commission,
supra),
and
annulled
certain
acts
of
the
Executive
3
as
incompatible
with
the
questioning
Our
authority
to
determine
the
constitutional
sufficiency
of
the
factual
bases
of
fundamental
law.
the
Presidential
proclamation
suspending
the
privilege
of
the
writ
of
habeas
corpus
on
August
21,
1971,
despite
the
opposite
view
taken
by
this
Court
in
Barcelon
vs.
Baker
and
Sanidad
vs.
COMELEC
[G.R.
No.
L-‐44640,
October
12,
1976]
Montenegro
vs.
Castañeda,
insofar
as
it
adhered
to
the
former
case,
which
view
We,
accordingly,
abandoned
and
refused
to
apply.
For
the
same
reason,
We
did
not
apply
and
POWER
TO
PROPOSE
AMENDMENTS
TO
THE
CONSTITUTION
IS
JUSTICEABLE
expressly
modified,
in
Gonzales
vs.
Commission
on
Elections,
the
political-‐question
thereby
CONTROVERSY.
-‐
Political
questions
are
neatly
associated
with
the
wisdom,
not
the
legality
adopted
in
Mabanag
vs.
Lopez
Vito."
13
The
return
to
Barcelon
vs.
Baker
and
Mabanag
vs.
of
a
particular
act.
Where
the
vortex
of
the
controversy
refers
to
the
legality
or
validity
of
Lopez
Vito,
urged
by
the
Solicitor
General,
was
decisively
refused
by
the
Court.
Chief
Justice
the
contested
act,
that
matter
is
definitely
justiciable
or
non-‐political.
What
is
in
the
heels
of
Concepcion
continued:
"The
reasons
adduced
in
support
thereof
are,
however,
substantially
the
Court
is
not
the
wisdom
of
the
act
of
the
incumbent
President
in
proposing
amendments
the
same
as
those
given
in
support
of
the
political
question
theory
advanced
in
said
habeas
to
the
Constitution,
but
his
constitutional
authority
to
perform
such
act
or
to
assume
the
corpus
and
plebiscite
cases,
which
were
carefully
considered
by
this
Court
and
found
by
it
power
of
a
constituent
assembly.
Whether
the
amending
process
confers
on
the
President
to
be
legally
unsound
and
constitutionally
untenable.
As
consequence.
Our
decisions
in
the
that
power
to
propose
amendments
is
therefore
a
downright
justiciable
question.
Should
aforementioned
habeas
corpus
cases
partakes
of
the
nature
and
effect
of
a
stare
decisis
the
contrary
be
found,
the
actuation
of
the
President
would
merely
he
a
brutum
fulmen.
If
which
gained
added
weight
by
its
virtual
reiteration."
the
Constitution
provides
how
it
may
be
amended,
the
judiciary
as
the
interpreter
of
that
Constitution,
can
declare
whether
the
procedure
followed
or
the
authority
assumed
was
Daza
vs.
Singson
[G.R.
No.
86344,
December
21,
1989]
valid
or
not.
THE
COMPOSITION
OF
THE
COMMISSION
ON
APPOINTMENTS
IS
A
JUSTICIEABLE
ISSUE
-‐
We
cannot
accept
the
view
of
the
Solicitor
General,
in
pursuing
his
theory
of
non-‐ Ruling
first
on
the
jurisdictional
issue,
we
hold
that,
contrary
to
the
respondent's
assertion,
justiciability,
that
the
question
of
the
President's
authority
to
propose
amendments
and
the
the
Court
has
the
competence
to
act
on
the
matter
at
bar.
Our
finding
is
that
what
is
before
regularity
of
the
procedure
adopted
for
submission
of
the
proposals
to
the
people
us
is
not
a
discretionary
act
of
the
House
of
Representatives
that
may
not
be
reviewed
by
us
ultimately
lie
in
the
judgment
of
the
latter.
A
clear
Descartes
fallacy
of
vicious
circle.
Is
it
not
because
it
is
political
in
nature.
What
is
involved
here
is
the
legality,
not
the
wisdom,
of
the
that
the
people
themselves,
by
their
sovereign
act,
provided
for
the
authority
and
procedure
act
of
that
chamber
in
removing
the
petitioner
from
the
Commission
on
Appointments.
That
for
the
amending
process
when
they
ratified
the
present
Constitution
in
1973?
Whether,
is
not
a
political
question
because,
as
Chief
Justice
Concepcion
explained
in
Tañada
v.
therefore,
that
constitutional
provision
has
been
followed
or
not
is
indisputably
a
proper
Cuenco:
subject
of
inquiry,
not
by
the
people
themselves
—
of
course
—
who
exercise
no
power
of
judicial
review,
but
by
the
Supreme
Court
in
whom
the
people
themselves
vested
that
.
.
.
the
term
"political
question"
connotes,
in
legal
parlance,
what
it
power,
a
power
which
includes
the
competence
to
determine
whether
the
constitutional
means
in
ordinary
parlance,
namely,
a
question
of
policy.
In
other
words,
norms
for
amendments
have
been
observed
or
not.
And,
this
inquiry
must
be
done
a
priori
.
.
.
it
refers
"to
those
questions
which,
under
the
Constitution,
are
to
be
not
a
posteriori,
i.e.,
before
the
submission
to
and
ratification
by
the
people.
decided
by
the
people
in
their
sovereign
capacity,
or
in
regard
to
which
full
discretionary
authority
has
been
delegated
to
the
Legislature
or
Indeed,
the
precedents
evolved
by
the
Court
on
prior
constitutional
cases
underline
the
executive
branch
of
the
Government."
It
is
concerned
with
issues
preference
of
the
Court's
majority
to
treat
such
issue
of
Presidential
role
in
the
amending
dependent
upon
the
wisdom,
not
legality,
of
a
particular
measure.
process
as
one
of
non-‐political
impression.
In
the
Plebiscite
Cases,
the
contention
of
the
Solicitor
General
that
the
issue
on
the
legality
of
Presidential
Decree
No.
73
"submitting
to
By
way
of
special
and
affirmative
defenses,
the
respondents
contended
inter
alia
that
the
the
Filipino
people
(on
January
15,
1973)
for
ratification
or
rejection
the
Constitution
of
the
subject
of
the
petition
was
an
internal
matter
that
only
the
Senate
could
resolve.
The
Court
Republic
of
the
Philippines
proposed
by
the
1971
Constitutional
Convention
and
rejected
this
argument,
holding
that
what
was
involved
was
not
the
wisdom
of
the
Senate
in
appropriating
funds
therefor,
"is
a
political
one,
was
rejected
and
the
Court
unanimously
choosing
the
respondents
but
the
legality
of
the
choice
in
light
of
the
requirement
of
the
considered
the
issue
as
justiciable
in
nature.
Subsequently,
in
the
Ratification
Cases
Constitution.
The
petitioners
were
questioning
the
manner
of
filling
the
Tribunal,
not
the
involving
the
issue
of
whether
or
not
the
validity
of
Presidential
Proclamation
No.
1102,
discretion
of
the
Senate
in
doing
so.
The
Court
held
that
this
was
a
justiciable
and
not
a
"announcing
the
Ratification
by
the
Filipino
people
of
the
Constitution
proposed
by
the
political
question,
thus:
1971
Constitutional
Convention,"
partakes
of
the
nature
of
a
political
question,
the
affirmative
stand
of
the
Solicitor
General
was
dismissed,
the
Court
ruled
that
the
question
Such
is
not
the
nature
of
the
question
for
determination
in
the
present
raised
is
justiciable.
Chief
Justice
Concepcion,
expressing
the
majority
view,
said,
"(T)hus,
in
case.
Here,
we
are
called
upon
to
decide
whether
the
election
of
Senators
the
aforementioned
plebiscite
cases,
We
rejected
the
theory
of
the
respondents
therein
that
Cuenco
and
Delgado
by
the
Senate,
as
members
of
the
Senate
Electoral
the
question-‐whether
Presidential
Decree
No.
73
calling
a
plebiscite
to
be
held
on
January
Tribunal,
upon
nomination
by
Senator
Primicias
—
a
member
and
15,
1973,
for
the
ratification
or
rejection
of
the
proposed
new
Constitution,
was
valid
or
not,
spokesman
of
the
party
having
the
largest
number
of
votes
in
the
Senate
36
—
on
behalf
of
its
Committee
on
Rules,
contravenes
the
constitutional
legislation
and
not
through
the
intervening
mind
of
another.
(U.
S.
vs.
Barrias,
supra,
at
p.
mandate
that
said
members
of
the
Senate
Electoral
Tribunal
shall
be
330.)
chosen
"upon
nomination
.
.
.
of
the
party
having
the
second
largest
number
of
votes"
in
the
Senate
and
hence,
is
null
and
void.
The
Senate
is
EXCEPTION
OF
NON-‐DELEGATION,
PERMISSIBLE
DELEGATION
OF
LEGISLATIVE
POWERS.
not
clothed
with
"full
discretionary
authority"
in
the
choice
of
members
The
rule,
however,
which
forbids
the
delegation
of
legislative
power
is
not
absolute
and
of
the
Senate
Electoral
Tribunal.
The
exercise
of
its
power
thereon
is
inflexible.
It
admits
of
exceptions.
An
exception
sanctioned
by
immemorial
practice
permits
subject
to
constitutional
limitations
which
are
claimed
to
be
mandatory
the
central
legislative
body
to
delegate
legislative
powers
to
local
authorities.
"It
is
a
in
nature.
It
is
clearly
within
the
legitimate
province
of
the
judicial
cardinal
principle
of
our
system
of
government,
that
local
affairs
shall
be
managed
by
local
department
to
pass
upon
the
validity
of
the
proceeding
in
connection
authorities,
and
general
affairs
by
the
central
authority;
and
hence
while
the
rule
is
also
therewith.
fundamental
that
the
power
to
make
laws
cannot
be
delegated,
the
creation
of
municipalities
exercising
local
self
government
has
never
been
held
to
trench
upon
that
'.
.
.
whether
an
election
of
public
officers
has
been
in
accordance
with
rule.
Such
legislation
is
not
regarded
as
a
transfer
of
general
legislative
power,
but
rather
as
law
is
for
the
judiciary.
Moreover,
where
the
legislative
department
has
the
grant
of
the
authority
to
prescribe
local
regulations,
according
to
immemorial
practice,
by
statute
prescribed
election
procedure
in
a
given
situation,
the
subject
of
course
to
the
interposition
of
the
superior
in
cases
of
necessity."
On
quite
the
judiciary
may
determine
whether
a
particular
election
has
been
in
same
principle,
Congress
is
empowered
to
delegate
legislative
power
to
such
agencies
in
the
conformity
with
such
statute,
and
particularly,
whether
such
statute
has
territories
of
the
United
States
as
it
may
select.
A
territory
stands
in
the
same
relation
to
been
applied
in
a
way
to
deny
or
transgress
on
constitutional
or
Congress
as
a
municipality
or
city
to
the
state
government.
Courts
have
also
sustained
the
statutory
rights
.
.
.
.'
(16
C.J.S.,
439;
emphasis
supplied).
delegation
of
legislative
power
to
the
people
at
large.
Some
authorities
maintain
that
this
may
not
be
done.
However,
the
question
of
whether
or
not
a
state
has
ceased
to
be
It
is,
therefore,
our
opinion
that
we
have,
not
only
jurisdiction
but
also
republican
in
form
because
of
its
adoption
of
the
initiative
and
referendum
has
been
held
the
duty,
to
consider
and
determine
the
principal
issue
raised
by
the
not
to
be
a
judicial
but
a
political
question,
and
as
the
constitutionality
of
such
laws
has
parties
herein."
been
looked
upon
with
favor
by
certain
progressive
courts,
the
sting
of
the
decisions
of
the
more
conservative
courts
has
been
pretty
well
drawn.
Doubtless,
also,
legislative
power
DELEGATION
OF
POWER
may
be
delegated
by
the
Constitution
itself.
Section
14,
paragraph
2,
of
article
VI
of
the
Constitution
of
the
Philippines
provides
that
"The
National
Assembly
may
by
law
authorize
People
vs.
Vera
[G.R.
No.
45685,
November
16,
1937]
the
President,
subject
to
such
limitations
and
restrictions
as
it
may
impose,
to
fix
within
specified
limits,
tariff
rates,
import
or
export
quotas,
and
tonnage
and
wharfage
dues."
And
THE
PRINCIPLE
OF
NON-‐DELEGATION
OF
POWER.
-‐
Any
attempt
to
abdicate
the
power
is
section
16
of
the
same
article
of
the
Constitution
provides
that
"In
times
of
war
or
other
unconstitutional
and
void,
on
the
principle
that
potestas
delegata
non
delegare
potest.
This
national
emergency,
the
National
Assembly
may
by
law
authorize
the
President,
for
a
principle
is
said
to
have
originated
with
the
glossators,
was
introduced
into
English
law
limited
period
and
subject
to
such
restrictions
as
it
may
prescribe,
to
promulgate
rules
and
through
a
misreading
of
Bracton,
there
developed
as
a
principle
of
agency,
was
established
regulations
to
carry
out
a
declared
national
policy."
It
is
beyond
the
scope
of
this
decision
to
by
Lord
Coke
in
the
English
public
law
in
decisions
forbidding
the
delegation
of
judicial
determine
whether
or
not,
in
the
absence
of
the
foregoing
constitutional
provisions,
the
power,
and
found
its
way
into
America
as
an
enlightened
principle
of
free
government.
It
President
could
be
authorized
to
exercise
the
powers
thereby
vested
in
him.
Upon
the
other
has
since
become
an
accepted
corollary
of
the
principle
of
separation
of
powers.
(5
Encyc.
of
hand,
whatever
doubt
may
have
existed
has
been
removed
by
the
Constitution
itself.
the
Social
Sciences,
p.
66.)
The
classic
statement
of
the
rule
is
that
of
Locke,
namely:
"The
legislative
neither
must
nor
can
transfer
the
power
of
making
laws
to
anybody
else,
or
place
TESTS
TO
DETERMINE
VALIDITY
OF
DELEGATION.
In
testing
whether
a
statute
constitutes
it
anywhere
but
where
the
people
have."
(Locke
on
Civil
Government,
sec
142.)
Judge
an
undue
delegation
of
legislative
power
or
not,
it
is
usual
to
inquire
whether
the
statute
Cooley
enunciates
the
doctrine
in
the
following
oft-‐quoted
language:
"One
of
the
settled
was
complete
in
all
its
terms
and
provisions
when
it
left
the
hands
of
the
legislature
so
that
maxims
in
constitutional
law
is,
that
the
power
conferred
upon
the
legislature
to
make
laws
nothing
was
left
to
the
judgment
of
any
other
appointee
or
delegate
of
the
legislature.
(6
R.
cannot
be
delegated
by
that
department
to
any
other
body
or
authority.
Where
the
C.
L.,
p.
165.)
In
United
States
vs.
Ang
Tang
Ho
([1922],
43
Phil.,
1),
this
court
adhered
to
the
sovereign
power
of
the
state
has
located
the
authority,
there
it
must
remain;
and
by
the
foregoing
rule
when
it
held
an
act
of
the
legislature
void
in
so
far
as
it
undertook
to
constitutional
agency
alone
the
laws
must
be
made
until
the
Constitution
itself
is
changed.
authorize
the
Governor-‐General,
in
his
discretion,
to
issue
a
proclamation
fixing
the
price
of
The
power
to
whose
judgment,
wisdom,
and
patriotism
this
high
prerogative
has
been
rice
and
to
make
the
sale
of
it
in
violation
of
the
proclamation
a
crime.
(See
and
cf.
intrusted
cannot
relieve
itself
of
the
responsibility
by
choosing
other
agencies
upon
which
Compañia
General
de
Tabacos
vs.
Board
of
Public
Utility
Commissioners
[1916],
34
Phil.,
the
power
shall
be
devolved,
nor
can
it
substitute
the
judgment,
wisdom,
and
patriotism
of
136.)
The
general
rule,
however,
is
limited
by
another
rule
that
to
a
certain
extent
matters
any
other
body
for
those
to
which
alone
the
people
have
seen
fit
to
confide
this
sovereign
of
detail
may
be
left
to
be
filled
in
by
rules
and
regulations
to
be
adopted
or
promulgated
by
trust."
(Cooley
on
Constitutional
Limitations,
8th
ed.,
Vol.
I,
p.
224.
Quoted
with
approval
in
executive
officers
and
administrative
boards.
(6
R.
C.
L.,
pp.
177-‐179.)
U.
S.
vs.
Barrias
[1908],
11
Phil.,
327.)
This
court
posits
the
doctrine
"on
the
ethical
principle
that
such
a
delegated
power
constitutes
not
only
a
right
but
a
duty
to
be
performed
by
the
For
the
purposes
of
the
Probation
Act,
the
provincial
boards
may
be
regarded
as
delegate
by
the
instrumentality
of
his
own
judgment
acting
immediately
upon
the
matter
of
administrative
bodies
endowed
with
power
to
determine
when
the
Act
should
take
effect
in
37
their
respective
provinces.
They
are
the
agents
or
delegates
of
the
legislature
in
this
respect.
The
rules
governing
delegation
of
legislative
power
to
administrative
and
executive
officers
REASON
FOR
PERMISSIBLE
DELEGATION.
The
reason
is
the
increasing
complexity
of
the
are
applicable
or
are
at
least
indicative
of
the
rule
which
should
be
here
adopted.
An
task
of
government
and
the
growing
inability
of
the
legislature
to
cope
directly
with
the
examination
of
a
variety
of
cases
on
delegation
of
power
to
administrative
bodies
will
show
myriad
problems
demanding
its
attention.
The
growth
of
society
has
ramified
its
activities
that
the
ratio
decidendi
is
at
variance
but,
it
can
be
broadly
asserted
that
the
rationale
and
created
peculiar
and
sophisticated
problems
that
the
legislature
cannot
be
expected
revolves
around
the
presence
or
absence
of
a
standard
or
rule
of
action
—
or
the
sufficiency
reasonably
to
comprehend.
Specialization
even
in
legislation
has
become
necessary.
To
thereof
—
in
the
statute,
to
aid
the
delegate
in
exercising
the
granted
discretion.
In
some
many
of
the
problems
attendant
upon
present-‐day
undertakings,
the
legislature
may
not
cases,
it
is
held
that
the
standard
is
sufficient;
in
others
that
it
is
insufficient;
and
in
still
have
the
competence
to
provide
the
required
direct
and
efficacious,
not
to
say,
specific
others
that
it
is
entirely
lacking.
As
a
rule,
an
act
of
the
legislature
is
incomplete
and
hence
solutions.
These
solutions
may,
however,
be
expected
from
its
delegates,
who
are
supposed
invalid
if
it
does
not
lay
down
any
rule
or
definite
standard
by
which
the
administrative
to
be
experts
in
the
particular
fields
assigned
to
them.
officer
or
board
may
be
guided
in
the
exercise
of
the
discretionary
powers
delegated
to
it.
In
the
case
at
bar,
what
rules
are
to
guide
the
provincial
boards
in
the
exercise
of
their
The
reasons
given
above
for
the
delegation
of
legislative
powers
in
general
are
particularly
discretionary
power
to
determine
whether
or
not
the
Probation
Act
shall
apply
in
their
applicable
to
administrative
bodies.
With
the
proliferation
of
specialized
activities
and
their
respective
provinces?
What
standards
are
fixed
by
the
Act?
We
do
not
find
any
and
none
attendant
peculiar
problems,
the
national
legislature
has
found
it
more
and
more
necessary
has
been
pointed
to
us
by
the
respondents.
The
probation
Act
does
not,
by
the
force
of
any
to
entrust
to
administrative
agencies
the
authority
to
issue
rules
to
carry
out
the
general
of
its
provisions,
fix
and
impose
upon
the
provincial
boards
any
standard
or
guide
in
the
provisions
of
the
statute.
This
is
called
the
"power
of
subordinate
legislation."
exercise
of
their
discretionary
power.
What
is
granted,
if
we
may
use
the
language
of
Justice
Cardozo
in
the
recent
case
of
Schecter,
supra,
is
a
"roving
commission"
which
enables
the
With
this
power,
administrative
bodies
may
implement
the
broad
policies
laid
down
in
a
provincial
boards
to
exercise
arbitrary
discretion.
By
section
11
of
the
Act,
the
legislature
statute
by
"filling
in"
the
details
which
the
Congress
may
not
have
the
opportunity
or
does
seemingly
on
its
own
authority
extend
the
benefits
of
the
Probation
Act
to
the
competence
to
provide.
This
is
effected
by
their
promulgation
of
what
are
known
as
provinces
but
in
reality
leaves
the
entire
matter
for
the
various
provincial
boards
to
supplementary
regulations,
such
as
the
implementing
rules
issued
by
the
Department
of
determine.
In
other
words,
the
provincial
boards
of
the
various
provinces
are
to
determine
Labor
on
the
new
Labor
Code.
These
regulations
have
the
force
and
effect
of
law.
for
themselves,
whether
the
Probation
Law
shall
apply
to
their
provinces
or
not
at
all.
The
applicability
and
application
of
the
Probation
Act
are
entirely
placed
in
the
hands
of
the
SUFFICIENT
STANDARDS.
Memorandum
Circular
No.
2
is
one
such
administrative
provincial
boards.
If
a
provincial
board
does
not
wish
to
have
the
Act
applied
in
its
province,
regulation.
The
model
contract
prescribed
thereby
has
been
applied
in
a
significant
number
all
that
it
has
to
do
is
to
decline
to
appropriate
the
needed
amount
for
the
salary
of
a
of
the
cases
without
challenge
by
the
employer.
The
power
of
the
POEA
(and
before
it
the
probation
officer.
The
plain
language
of
the
Act
is
not
susceptible
of
any
other
National
Seamen
Board)
in
requiring
the
model
contract
is
not
unlimited
as
there
is
a
interpretation.
This,
to
our
minds,
is
a
virtual
surrender
of
legislative
power
to
the
sufficient
standard
guiding
the
delegate
in
the
exercise
of
the
said
authority.
That
standard
provincial
boards.
is
discoverable
in
the
executive
order
itself
which,
in
creating
the
Philippine
Overseas
Employment
Administration,
mandated
it
to
protect
the
rights
of
overseas
Filipino
workers
Eastern
Shipping
Lines
vs.
POEA
[G.R.
No.
L-‐76633,
October
18,
1988]
to
"fair
and
equitable
employment
practices."
TESTS
IN
DETERMINING
VALIDITY
OF
DELEGATION.
There
are
two
accepted
tests
to
Parenthetically,
it
is
recalled
that
this
Court
has
accepted
as
sufficient
standards
"public
determine
whether
or
not
there
is
a
valid
delegation
of
legislative
power,
viz,,
the
interest"
in
People
v.
Rosenthal,
"justice
and
equity"
in
Antamok
Gold
Fields
v.
CIR,
completeness
test
and
the
sufficient
standard
test.
Under
the
first
test,
the
law
must
be
"public
convenience
and
welfare"
in
Calalang
v.
Williams,
and
"simplicity,
economy
and
complete
in
all
its
terms
and
conditions
when
it
leaves
the
legislature
such
that
when
it
efficiency"
in
Cervantes
v.
Auditor
General,
to
mention
only
a
few
cases.
In
the
United
reaches
the
delegate
the
only
thing
he
will
have
to
do
is
enforce
it
Under
the
sufficient
States,
the
"sense
and
experience
of
men"
was
accepted
in
Mutual
Film
Corp.
v.
Industrial
standard
test,
there
must
be
adequate
guidelines
or
limitations
in
the
law
to
map
out
the
Commission,
and
"national
security"
in
Hirabayashi
v.
United
States.
boundaries
of
the
delegate's
authority
and
prevent
the
delegation
from
running
riot.
Both
tests
are
intended
to
prevent
a
total
transference
of
legislative
authority
to
the
delegate,
United
States
vs.
Ang
Tang
Ho
(43
PHIL
1
[1922])
who
is
not
allowed
to
step
into
the
shoes
of
the
legislature
and
exercise
a
power
essentially
legislative.
Ynot
vs.
IAC
[G.R.
No.
74457,
March
20,
1987]
The
principle
of
non-‐delegation
of
powers
is
applicable
to
all
the
three
major
powers
of
the
DELEGATION
MUST
SET
UP
STANDARDS
AND
MUST
BE
CANALIZED
WITHIN
THE
BANKS
Government
but
is
especially
important
in
the
case
of
the
legislative
power
because
of
the
AND
PREVENT
IT
FROM
OVERFLOWING.
We
also
mark,
on
top
of
all
this,
the
questionable
many
instances
when
its
delegation
is
permitted.
The
occasions
are
rare
when
executive
or
manner
of
the
disposition
of
the
confiscated
property
as
prescribed
in
the
questioned
judicial
powers
have
to
be
delegated
by
the
authorities
to
which
they
legally
pertain.
In
the
executive
order.
It
is
there
authorized
that
the
seized
property
shall
"be
distributed
to
case
of
the
legislative
power,
however,
such
occasions
have
become
more
and
more
charitable
institutions
and
other
similar
institutions
as
the
Chairman
of
the
National
Meat
frequent,
if
not
necessary.
This
had
led
to
the
observation
that
the
delegation
of
legislative
Inspection
Commission
may
see
fit,
in
the
case
of
carabeef,
and
to
deserving
farmers
power
has
become
the
rule
and
its
non-‐delegation
the
exception.
through
dispersal
as
the
Director
of
Animal
Industry
may
see
fit,
in
the
case
of
carabaos."
38
(Emphasis
supplied.)
The
phrase
"may
see
fit"
is
an
extremely
generous
and
dangerous
condition,
if
condition
it
is.
It
is
laden
with
perilous
opportunities
for
partiality
and
abuse,
INVALID
DELEGATION
OF
LEGISLATIVE
POWER.
Although
Congress
may
delegate
to
and
even
corruption.
One
searches
in
vain
for
the
usual
standard
and
the
reasonable
another
branch
of
the
government
the
power
to
fill
in
the
details
in
the
execution,
guidelines,
or
better
still,
the
limitations
that
the
said
officers
must
observe
when
they
enforcement
or
administration
of
a
law,
it
is
essential,
to
forestall
a
violation
of
the
principle
make
their
distribution.
There
is
none.
Their
options
are
apparently
boundless.
Who
shall
of
separation
of
powers,
that
said
law:
(a)
be
complete
in
itself
—
it
must
set
forth
therein
be
the
fortunate
beneficiaries
of
their
generosity
and
by
what
criteria
shall
they
be
chosen?
the
policy
to
be
executed,
carried
out
or
implemented
by
the
delegate
—
and
(b)
fix
a
Only
the
officers
named
can
supply
the
answer,
they
and
they
alone
may
choose
the
grantee
standard
—
the
limits
of
which
are
sufficiently
determinate
or
determinable
—
to
which
the
as
they
see
fit,
and
in
their
own
exclusive
discretion.
Definitely,
there
is
here
a
"roving
delegate
must
conform
in
the
performance
of
his
functions.
Indeed,
without
a
statutory
commission,"
a
wide
and
sweeping
authority
that
is
not
"canalized
within
banks
that
keep
it
declaration
of
policy,
the
delegate
would,
in
effect,
make
or
formulate
such
policy,
which
is
from
overflowing,"
in
short,
a
clearly
profligate
and
therefore
invalid
delegation
of
the
essence
of
every
law;
and,
without
the
aforementioned
standard,
there
would
be
no
legislative
powers.
means
to
determine,
with
reasonable
certainty,
whether
the
delegate
has
acted
within
or
beyond
the
scope
of
his
authority.
Hence,
he
could
thereby
arrogate
upon
himself
the
Tablarin
vs.
Gutierrez
[G.R.
No.
78164,
July
31,
1987]
power,
not
only
to
make
the
law,
but,
also
—
and
this
is
worse
—
to
unmake
it,
by
adopting
measures
inconsistent
with
the
end
sought
to
be
attained
by
the
Act
of
Congress,
thus
STANDARDS
SET
FOR
SUBORDINATE
LEGISLATION
NECESSARILY
BROAD
AND
HIGHLY
nullifying
the
principle
of
separation
of
powers
and
the
system
of
checks
and
balances,
and,
ABSTRACT.
—
The
general
principle
of
non-‐delegation
of
legislative
power,
which
both
consequently
undermining
the
very
foundation
of
our
Republican
system.
flows
from
the
reinforces
the
more
fundamental
rule
of
the
separation
and
allocation
of
powers
among
the
three
great
departments
of
government,
must
be
applied
with
Section
68
of
the
Revised
Administrative
Code
does
not
meet
these
well
settled
circumspection
in
respect
of
statutes
which
like
the
Medical
Act
of
1959,
deal
with
subjects
requirements
for
a
valid
delegation
of
the
power
to
fix
the
details
in
the
enforcement
of
a
as
obviously
complex
and
technical
as
medical
education
and
the
practice
of
medicine
in
law.
It
does
not
enunciate
any
policy
to
be
carried
out
or
implemented
by
the
President.
our
present
day
world.
Mr.
Justice
Laurel
stressed
this
point
47
years
ago
in
Pangasinan
Neither
does
it
give
a
standard
sufficiently
precise
to
avoid
the
evil
effects
above
referred
Transportation
Co.,
Inc.
vs.
The
Public
Service
Commission:
"One
thing,
however,
is
to.
In
this
connection,
we
do
not
overlook
the
fact
that,
under
the
last
clause
of
the
first
apparent
in
the
development
of
the
principle
of
separation
of
powers
and
that
is
that
the
sentence
of
Section
68,
the
President:
maxim
of
delegatus
non
potest
delegare
or
delegati
potestas
non
potest
delegare,
adopted
this
practice
(Delegibus
et
Consuetudiniis
Anglia
edited
by
G.E.
Woodbine,
Yale
University
".
.
.
may
change
the
seat
of
the
government
within
any
subdivision
to
Press,
1922,
Vol.
2,
p.
167)
but
which
is
also
recognized
in
principle
in
the
Roman
Law
such
place
therein
as
the
public
welfare
may
require."
(d.17.18,3)
has
been
made
to
adapt
itself
to
the
complexities
of
modern
government,
giving
rise
to
the
adoption,
within
certain
limits,
of
the
principle
of
'subordinate
legislation,'
not
It
is
apparent,
however,
from
the
language
of
this
clause,
that
the
phrase
"as
the
public
only
in
the
United
States
and
England
but
in
practically
all
modern
governments.
(People
vs.
welfare
may
require"
qualifies,
not
the
clauses
preceding
the
one
just
quoted,
but
only
the
Rosenthal
and
Osmena
[68
Phil.
318,
1939].
Accordingly,
with
the
growing
complexity
of
place
to
which
the
seat
of
the
government
may
be
transferred.
This
fact
becomes
more
modern
life,
the
multiplication
of
the
subjects
of
governmental
regulation,
and
the
increased
apparent
when
we
consider
that
said
Section
68
was
originally
Section
1
of
Act
No.
1748,
3
difficulty
of
administering
the
laws,
there
is
a
constantly
growing
tendency
toward
the
which
provided,
that
"whenever
in
the
judgment
of
the
Governor-‐General
the
public
welfare
delegation
of
greater
power
by
the
legislature,
and
toward
the
approval
of
the
practice
by
requires,
he
may,
by
executive
order",
effect
the
changes
enumerated
therein
(as
well
as
in
the
courts."
The
standards
set
for
subordinate
legislation
in
the
exercise
of
rule
making
said
Section
68),
including
the
change
of
the
seat
of
the
government
"to
such
place
.
.
.
as
the
authority
by
an
administrative
agency
like
the
Board
of
Medical
Education
are
necessarily
public
interest
requires".
The
opening
statement
of
said
Section
1
of
Act
No.
1748
—
which
broad
and
highly
abstract.
As
explained
by
then
Mr.
Justice
Fernando
in
Edu
v.
Ericta
—
was
not
included
in
Section
68
of
the
Revised
Administrative
Code
—
governed
the
time
at
which,
or
the
conditions
under
which,
the
powers
therein
conferred
could
be
exercised;
"The
standard
may
be
either
expressed
or
implied.
If
the
former,
the
non-‐ whereas
the
last
part
of
the
first
sentence
of
said
section
referred
exclusively
to
the
place
to
delegation
objection
is
easily
met.
The
standard
though
does
not
have
to
which
the
seat
of
the
government
was
to
be
transferred.
be
spelled
out
specifically.
It
could
be
implied
from
the
policy
and
purpose
of
the
act
considered
as
a
whole.
In
the
Reflector
Law,
clearly
At
any
rate,
the
conclusion
would
be
the
same,
insofar
as
the
case
at
bar
is
concerned,
even
the
legislative
objective
is
public
safety.
What
is
sought
to
be
attained
as
if
we
assumed
that
the
phrase
"as
the
public
welfare
may
require",
in
said
Section
68,
in
Calalang
v.
Williams
is
'safe
transit
upon
the
roads.'"
qualifies
all
other
clauses
thereof.
It
is
true
that
in
Calalang
vs.
William
(70
Phil.
726)
and
People
vs.
Rosenthal
(68
Phil.
328),
this
Court
had
upheld
"public
welfare"
and
"public
We
believe
and
so
hold
that
the
necessary
standards
are
set
forth
in
Section
1
of
the
1959
interest",
respectively,
as
sufficient
standards
for
a
valid
delegation
of
the
authority
to
Medical
Act:
"the
standardization
and
regulation
of
medical
education"
and
in
Section
5
(a)
execute
the
law.
But,
the
doctrine
laid
down
in
these
cases
—
as
all
judicial
pronouncements
and
7
of
the
same
Act,
the
body
of
the
statute
itself,
and
that
these
considered
together
are
—
must
be
construed
in
relation
to
the
specific
facts
and
issues
involved
therein,
outside
of
sufficient
compliance
with
the
requirements
of
the
non-‐delegation
principle.
which
they
do
not
constitute
precedents
and
have
no
binding
effect.
4
The
law
construed
in
the
Calalang
case
conferred
upon
the
Director
of
Public
Works,
with
the
approval
of
the
Pelaez
vs.
Auditor
General
[G.R.
No.
L-‐23825,
December
24,
1965]
Secretary
of
Public
Works
and
Communications,
the
power
to
issue
rules
and
regulations
to
39
promote
safe
transit
upon
national
roads
and
streets.
Upon
the
other
hand,
the
Rosenthal
case
referred
to
the
authority
of
the
Insular
Treasurer,
under
Act
No.
2581,
to
issue
and
Section
401
of
the
same
Code
needs
to
be
quoted
in
full:
cancel
certificates
or
permits
for
the
sale
of
speculative
securities.
Both
cases
involved
grants
to
administrative
officers
of
powers
related
to
the
exercise
of
their
administrative
"Sec.
401.
Flexible
Clause.
—
functions,
calling
for
the
determination
of
questions
of
fact.
a.
In
the
interest
of
national
economy,
general
welfare
and/or
Garcia
vs.
Executive
Secretary
[G.R.
No.
101273,
July
3,
1992]
national
security,
and
subject
to
the
limitations
herein
prescribed,
the
President,
upon
recommendation
of
the
National
Economic
and
TARIFF
POWERS
OF
THE
PRESIDENT
-‐
Turning
first
to
the
question
of
constitutionality,
Development
Authority
(hereinafter
referred
to
as
NEDA),
is
hereby
under
Section
24,
Article
VI
of
the
Constitution,
the
enactment
of
appropriation,
revenue
empowered:
(1)
to
increase,
reduce
or
remove
existing
protective
rates
and
tariff
bills,
like
all
other
bills
is,
of
course,
within
the
province
of
the
Legislative
rather
of
import
duty
(including
any
necessary
change
in
classification).
The
than
the
Executive
Department.
It
does
not
follow,
however,
that
therefore
Executive
existing
rates
may
be
increased
or
decreased
but
in
no
case
shall
the
Orders
Nos.
475
and
478,
assuming
they
may
be
characterized
as
revenue
measures,
are
reduced
rate
of
import
duty
be
lower
than
the
basic
rate
of
ten
(10)
per
prohibited
to
the
President,
that
they
must
be
enacted
instead
by
the
Congress
of
the
cent
ad
valorem,
nor
shall
the
increased
rate
of
import
duty
be
higher
Philippines.
Section
28(2)
of
Article
VI
of
the
Constitution
provides
as
follows:
than
a
maximum
of
one
hundred
(100)
per
cent
ad
valorem;
(2)
to
establish
import
quota
or
to
ban
imports
of
any
commodity,
as
may
be
"(2)
The
Congress
may,
by
law,
authorize
the
President
to
fix
within
necessary;
and
(3)
to
impose
an
additional
duty
on
all
imports
not
specified
limits,
and
subject
to
such
limitations
and
restrictions
as
it
may
exceeding
ten
(10)
per
cent
ad
valorem
whenever
necessary;
Provided,
impose,
tariff
rates,
import
and
export
quotas,
tonage
and
wharfage
dues,
That
upon
periodic
investigations
by
the
Tariff
Commission
and
and
other
duties
or
imposts
within
the
framework
of
the
national
recommendation
of
the
NEDA,
the
President
may
cause
a
gradual
development
program
of
the
Government."(Emphasis
supplied)
reduction
of
protection
levels
granted
in
Section
One
hundred
and
four
of
this
Code,
including
those
subsequently
granted
pursuant
to
this
There
is
thus
explicit
constitutional
permission
to
Congress
to
authorize
the
President
section.
"subject
to
such
limitations
and
restrictions
as
[Congress]
may
impose"
to
fix
"within
specific
limits"
"tariff
rates
.
.
.
and
other
duties
or
imposts
.
.
.
."
b.
Before
any
recommendation
is
submitted
to
the
President
by
the
NEDA
pursuant
to
the
provisions
of
this
section,
except
in
the
The
relevant
congressional
statute
is
the
Tariff
and
Customs
Code
of
the
Philippines,
and
imposition
of
an
additional
duty
not
exceeding
ten
(10)
per
cent
ad
Sections
104
and
401,
the
pertinent
provisions
thereof.
These
are
the
provisions
which
the
valorem,
the
Commission
shall
conduct
an
investigation
in
the
course
of
President
explicitly
invoked
in
promulgating
Executive
Orders
Nos.
475
and
478.
Section
which
they
shall
hold
public
hearings
wherein
interested
parties
shall
be
104
of
the
Tariff
and
Customs
Code
provides
in
relevant
part:
afforded
reasonable
opportunity
to
be
present,
produce
evidence
and
to
be
heard.
The
Commission
shall
also
hear
the
views
and
"Sec.
104.
All
tariff
sections,
chapters,
headings
and
subheadings
recommendations
of
any
government
office,
agency
or
instrumentality
and
the
rates
of
import
duty
under
Section
104
of
Presidential
Decree
concerned.
The
Commission
shall
submit
their
findings
and
No.
34
and
all
subsequent
amendments
issued
under
Executive
Orders
recommendations
to
the
NEDA
within
thirty
(30)
days
after
the
and
Presidential
Decrees
are
hereby
adopted
and
form
part
of
this
Code.
termination
of
the
public
hearings.
There
shall
be
levied,
collected,
and
paid
upon
all
imported
articles
the
c.
The
power
of
the
President
to
increase
or
decrease
rates
of
rates
of
duty
indicated
in
the
Section
under
this
section
except
as
import
duty
within
the
limits
fixed
in
subsection
`a'
shall
include
the
otherwise
specifically
provided
for
in
this
Code:
Provided,
that,
the
authority
to
modify
the
form
of
duty.
In
modifying
the
form
of
duty,
the
maximum
rate
shall
not
exceed
one
hundred
per
cent
ad
valorem.
corresponding
ad
valorem
or
specific
equivalents
of
the
duty
with
respect
to
imports
from
the
principal
competing
foreign
country
for
the
The
rates
of
duty
herein
provided
or
subsequently
fixed
pursuant
to
most
recent
representative
period
shall
be
used
as
bases.
Section
Four
Hundred
One
of
this
Code
shall
be
subject
to
periodic
investigation
by
the
Tariff
Commission
and
may
be
revised
by
the
d.
The
Commissioner
of
Customs
shall
regularly
furnish
the
President
upon
recommendation
of
the
National
Economic
and
Commission
a
copy
of
all
customs
import
entries
as
filed
in
the
Bureau
of
Development
Authority.
Customs.
The
Commission
or
its
duly
authorized
representatives
shall
have
access
to,
and
the
right
to
copy
all
liquidated
customs
import
xxx
xxx
xxx
entries
and
other
documents
appended
thereto
as
finally
filed
in
the
Commission
on
Audit.
(Emphasis
supplied)
40
e.
The
NEDA
shall
promulgate
rules
and
regulations
necessary
to
In
the
fourth
place,
petitioner's
concept
which
he
urges
us
to
build
into
our
constitutional
carry
out
the
provisions
of
this
section.
and
customs
law,
is
a
stiflingly
narrow
one.
Section
401
of
the
Tariff
and
Customs
Code
establishes
general
standards
with
which
the
exercise
of
the
authority
delegated
by
that
f.
Any
Order
issued
by
the
President
pursuant
to
the
provisions
of
provision
to
the
President
must
be
consistent:
that
authority
must
be
exercised
in
"the
this
section
shall
take
effect
thirty
(30)
days
after
promulgation,
except
interest
of
national
economy,
general
welfare
and/or
national
security."
Petitioner,
in
the
imposition
of
additional
duty
not
exceeding
ten
(10)
per
cent
ad
however,
insists
that
the
"protection
of
local
industries"
is
the
only
permissible
objective
valorem
which
shall
take
effect
at
the
discretion
of
the
President."
that
can
be
secured
by
the
exercise
of
that
delegated
authority,
and
that
therefore
(Underscoring
supplied)
"protection
of
local
industries"
is
the
sum
total
or
the
alpha
and
the
omega
of
"the
national
economy,
general
welfare
and/or
national
security."
We
find
it
extremely
difficult
to
take
THE
GRANT
OF
TARIFF
POWERS
TO
THE
PRESIDENT
IS
NOT
ONLY
INTENDED
TO
seriously
such
a
confined
and
closed
view
of
the
legislative
standards
and
policies
summed
PROTECT
LOCAL
INDUSTRIES,
BUT
ALSO
TO
RAISE
REVENUE.
-‐
The
Court
is
not
up
in
Section
401.
We
believe,
for
instance,
that
the
protection
of
consumers,
who
after
all
persuaded.
In
the
first
place,
there
is
nothing
in
the
language
of
either
Section
104
or
of
401
constitute
the
very
great
bulk
of
our
population,
is
at
the
very
least
as
important
a
of
the
Tariff
and
Customs
Code
that
suggest
such
a
sharp
and
absolute
limitation
of
dimension
of
"the
national
economy,
general
welfare
and
national
security"
as
the
authority.
The
entire
contention
of
petitioner
is
anchored
on
just
two
(2)
words,
one
found
protection
of
local
industries.
And
so
customs
duties
may
be
reduced
or
even
removed
in
Section
401
(a)
(1):
"existing
protective
rates
of
import
duty,"
and
the
second
in
the
precisely
for
the
purpose
of
protecting
consumers
from
the
high
prices
and
shoddy
quality
proviso
found
at
the
end
of
Section
401
(a):
"
protection
levels
granted
in
Section
104
of
this
and
inefficient
service
that
tariff-‐protected
and
subsidized
local
manufacturers
may
Code
.
.
.
."
We
believe
that
the
words
"protective"
and
"protection"
are
simply
not
enough
to
otherwise
impose
upon
the
community.
support
the
very
broad
and
encompassing
limitation
which
petitioner
seeks
to
rest
on
those
two
(2)
words.
Araneta
vs.
Dinglasan
[G.R.
No.
L-‐2044,
August
26,
1949]
In
the
second
place,
petitioner's
singular
theory
collides
with
a
very
practical
fact
of
which
THE
GRANT
OF
EMERGENCY
POWERS
IS
INTENDED
TO
BE
LIMITED
AND
DOES
NOT
NEED
this
Court
may
take
judicial
notice
—
that
the
Bureau
of
Customs
which
administers
the
A
LAW
FOR
ITS
WITHDRAWAL.
-‐
It
is
to
be
presumed
that
Commonwealth
Act
No.
671
was
Tariff
and
Customs
Code,
is
one
of
the
two
(2)
principal
traditional
generators
or
producers
approved
with
this
limitation
in
view.
The
opposite
theory
would
make
the
law
repugnant
of
governmental
revenue,
the
other
being
the
Bureau
of
Internal
Revenue.
(There
is
a
third
to
the
Constitution,
and
is
contrary
to
the
principle
that
the
legislature
is
deemed
to
have
agency,
non-‐traditional
in
character,
that
generates
lower
but
still
comparable
levels
of
full
knowledge
of
the
constitutional
scope
of
its
powers.
The
assertion
that
new
legislation
revenue
for
the
government
—
The
Philippine
Amusement
and
Games
Corporation
is
needed
to
repeal
the
act
would
not
be
in
harmony
with
the
Constitution
either.
If
a
new
[PAGCOR].)
and
different
law
were
necessary
to
terminate
the
delegation,
the
period
for
the
delegation,
it
has
been
correctly
pointed
out,
would
be
unlimited,
indefinite,
negative
and
uncertain;
In
the
third
place,
customs
duties
which
are
assessed
at
the
prescribed
tariff
rates
are
very
"that
which
was
intended
to
meet
a
temporary
emergency
may
become
permanent
law,"
much
like
taxes
which
are
frequently
imposed
for
both
revenue-‐raising
and
for
regulatory
(Peck
vs.
Fink,
2
Fed.
[2d],
912);
for
Congress
might
not
enact
the
repeal,
and
even
if
it
purposes.
Thus,
it
has
been
held
that
"customs
duties"
is
"the
name
given
to
taxes
on
the
would,
the
repeal
might
not
meet
with
the
approval
of
the
President,
and
the
Congress
importation
and
exportation
of
commodities,
the
tariff
or
tax
assessed
upon
merchandise
might
not
be
able
to
override
the
veto.
Furthermore,
this
would
create
the
anomaly
that,
imported
from,
or
exported
to,
a
foreign
country."
The
levying
of
customs
duties
on
while
Congress
might
delegate
its
powers
by
simple
majority,
it
might
not
be
able
to
recall
imported
goods
may
have
in
some
measure
the
effect
of
protecting
local
industries
—
them
except
by
a
two-‐third
vote.
In
other
words,
it
would
be
easier
for
Congress
to
delegate
where
such
local
industries
actually
exist
and
are
producing
comparable
goods.
its
powers
than
to
take
them
back.
This
is
not
right
and
is
not,
and
ought
not
to
be,
the
law.
Simultaneously,
however,
the
very
same
customs
duties
inevitably
have
the
effect
of
Corwin,
President:
Office
and
Powers,
1948
ed.,
p.
160,
says:
producing
governmental
revenues.
Customs
duties
like
internal
revenue
taxes
are
rarely,
if
ever,
designed
to
achieve
one
policy
objective
only.
Most
commonly,
customs
duties,
which
"It
is
generally
agreed
that
the
maxim
that
the
legislature
may
not
constitute
taxes
in
the
sense
of
exactions
the
proceeds
of
which
become
public
funds
—
delegate
its
powers
signifies
at
the
very
least
that
the
legislature
may
not
have
either
or
both
the
generation
of
revenue
and
the
regulation
of
economic
or
social
abdicate
its
powers.
Yet
how,
in
view
of
the
scope
that
legislative
activity
as
their
moving
purposes
and
frequently,
it
is
very
difficult
to
say
which,
in
a
delegations
take
nowadays,
is
the
line
between
delegation
and
particular
instance,
is
the
dominant
or
principal
objective.
In
the
instant
case,
since
the
abdication
to
be
maintained?
Only,
I
urge,
by
rendering
the
delegated
Philippines
in
fact
produces
ten
(10)
to
fifteen
percent
(15%)
of
the
crude
oil
consumed
powers
recoverable
without
the
consent
of
the
delegate;
.
.
."
here,
the
imposition
of
increased
tariff
rates
and
a
special
duty
on
imported
crude
oil
and
imported
oil
products
may
be
seen
to
have
some
"protective"
impact
upon
indigenous
oil
Section
4
goes
far
to
settle
the
legislative
intention
of
this
phase
of
Act
No.
671.
Section
4
production.
For
the
effective
price
of
imported
crude
oil
and
oil
products
is
increased.
At
the
stipulates
that
"the
rules
and
regulations
promulgated
thereunder
shall
be
in
full
force
and
same
time,
it
cannot
be
gainsaid
that
substantial
revenues
for
the
government
are
raised
by
effect
until
the
Congress
of
the
Philippines
shall
otherwise
provide."
The
silence
of
the
law
the
imposition
of
such
increased
tariff
rates
or
special
duty.
regarding
the
repeal
of
the
authority
itself,
in
the
face
of
the
express
provision
for
the
repeal
of
the
rules
and
regulations
issued
in
pursuance
of
it,
a
clear
manifestation
of
the
belief
held
by
the
National
Assembly
that
there
was
no
necessity
to
provide
for
the
former.
It
would
be
41
strange
if
having
no
idea
about
the
time
the
Emergency
Powers
Act
was
to
be
effective
the
after
he
had
vetoed
a
bill
on
the
subject
enacted
by
Congress,
and
the
present
Chief
National
Assembly
failed
to
make
a
provision
for
its
termination
in
the
same
way
that
it
did
Executive
issued
an
executive
order
on
export
control
after
Congress
had
refused
to
for
the
termination
of
the
effects
and
incidents
of
the
delegation.
There
would
be
no
point
in
approve
the
measure.
repealing
or
annulling
the
rules
and
regulations
promulgated
under
a
law
if
the
law
itself
was
to
remain
in
force,
since,
in
that
case,
the
President
could
not
only
make
new
rules
and
Quite
apart
from
these
anomalies,
there
is
good
basis
in
the
language
of
Act
No.
671
for
the
regulations
but
he
could
restore
the
ones
already
annulled
by
the
legislature.
inference
that
the
National
Assembly
restricted
the
life
of
the
emergency
powers
of
the
President
to
the
time
the
Legislature
was
prevented
from
holding
sessions
due
to
enemy
As
a
contemporary
construction,
President
Quezon's
statement
regarding
the
duration
of
action
or
other
causes
brought
on
by
the
war.
Section
3
provides:
Act
No.
671
is
enlightening
and
should
carry
much
weight,
considering
his
part
in
the
passage
and
in
the
carrying
out
of
the
law.
Mr.
Quezon,
who
called
the
National
Assembly
to
"The
President
of
the
Philippines
shall
as
soon
as
practicable
upon
the
a
special
session,
who
recommended
the
enactment
of
the
Emergency
Powers
Act,
if
indeed
convening
of
the
Congress
of
the
Philippines
report
thereto
all
the
rules
he
was
not
its
author,
and
who
was
the
very
President
to
be
entrusted
with
its
execution,
and
regulations
promulgated
by
him
under
the
powers
herein
granted."
stated
in
his
autobiography,
"The
Good
Fight,"
that
Act
No.
671
was
only
"for
a
certain
period"
and
"would
become
invalid
unless
reenacted."
These
phrases
connote
automatical
The
clear
tenor
of
this
provision
is
that
there
was
to
be
only
one
meeting
of
Congress
at
extinction
of
the
law
upon
the
conclusion
of
a
certain
period.
Together
they
denote
that
a
which
the
President
was
to
give
an
account
of
his
trusteeship.
The
section
did
not
say
each
new
legislation
was
necessary
to
keep
alive
(not
to
repeal)
the
law
after
the
expiration
of
meeting,
which
it
could
very
well
have
said
if
that
had
been
the
intention.
If
the
National
that
period.
They
signify
that
the
same
law,
not
a
different
one,
had
to
be
repassed
if
the
Assembly
did
not
think
that
the
report
mentioned
in
section
3
was
to
be
the
first
and
last
grant
should
be
prolonged.
and
did
not
think
that
upon
the
convening
of
the
first
Congress
Act
No.
671
would
lapse,
what
reason
could
there
be
for
its
failure
to
provide
in
appropriate
and
clear
terms
for
the
What
then
was
the
contemplated
period?
President
Quezon
in
the
same
paragraph
of
his
filing
of
subsequent
reports?
Such
reports,
if
the
President
was
expected
to
continue
autobiography
furnished
part
of
the
answer.
He
said
he
issued
the
call
for
a
special
session
making
laws
in
the
form
of
rules,
regulations
and
executive
orders,
were
as
important,
or
as
of
the
National
Assembly
"when
it
became
evident
that
we
were
completely
helpless
against
unimportant,
as
the
initial
one.
air
attack,
and
that
it
was
most
unlikely
the
Philippine
Legislature
would
hold
its
next
regular
session
which
was
to
open
on
January
1,
1942."
(Italics
ours.)
It
can
easily
be
EMERGENCY
POWERS
CEASE
WHEN
THE
CONGRESS
MEET
IN
REGULAR
SESSION.
-‐
It
is
discerned
in
this
statement
that
the
conferring
of
enormous
powers
upon
the
President
was
our
considered
opinion,
and
we
so
hold,
that
Commonwealth
Act
No.
671
became
decided
upon
with
specific
view
to
the
inability
of
the
National
Assembly
to
meet.
Indeed
no
inoperative
when
Congress
met
in
regular
session
on
May
25,
1946,
and
that
Executive
other
factor
than
this
inability
could
have
motivated
the
delegation
of
powers
so
vast
as
to
Orders
Nos.
62,
192,
225
and
226
were
issued
without
authority
of
law.
In
setting
the
first
amount
to
an
abdication
by
the
National
Assembly
of
its
authority.
The
enactment
and
regular
session
of
Congress
instead
of
the
first
special
session
which
preceded
it
as
the
continuation
of
a
law
so
destructive
of
the
foundations
of
democratic
institutions
could
not
point
of
expiration
of
the
Act,
we
think
we
are
giving
effect
to
the
purpose
and
intention
of
have
been
conceived
under
any
circumstance
short
of
a
complete
disruption
and
dislocation
the
National
Assembly.
In
a
special
session,
the
Congress
may
"consider
general
legislation
of
the
normal
processes
of
government.
Anyway,
if
we
are
to
uphold
the
constitutionality
of
or
only
such
subjects
as
he
(President)
may
designate."
(Section
9,
Article
VI
of
the
the
act
on
the
basis
of
its
duration,
we
must
start
with
the
premise
that
it
fixed
a
definite,
Constitution.)
In
a
regular
session,
the
power
of
Congress
to
legislate
is
not
circumscribed
limited
period.
As
we
have
indicated,
the
period
that
best
comports
with
the
constitutional
except
by
the
limitations
imposed
by
the
organic
law.
requirements
and
limitations,
with
the
general
context
of
the
law
and
with
what
we
believe
to
be
the
main
if
not
the
sole
raison
d'etre
for
its
enactment,
was
a
period
coextensive
with
Act
No.
671,
as
we
have
stressed,
ended
ex
proprio
vigore
with
the
opening
of
the
regular
the
inability
of
Congress
to
function,
a
period
ending
with
the
convening
of
that
body.
session
of
Congress
on
May
25,
1946.
Acts
Nos.
600
and
620
contain
stronger
if
not
conclusive
indication
that
they
were
self-‐liquidating.
By
express
provision
the
rules
and
THE
CONTINUED
EXERCISE
OF
THE
PRESIDENT
OF
THE
EMERGENCY
POWER
WHEN
THE
regulations
to
be
eventually
made
in
pursuance
of
Acts
Nos.
600
and
620,
respectively
CONGRESS
HAS
ALREADY
CONVENED
SHALL
CREATE
AN
ANOMALOUS
SITUATION
OF
approved
on
August
19,
1940
and
June
6,
1941,
were
to
be
good
only
up
to
the
TWO
LEGISLATIVE
BODIES.
-‐
More
anomalous
than
the
exercise
of
legislative
functions
by
corresponding
dates
of
adjournment
of
the
following
sessions
of
the
Legislature,
"unless
the
Executive
when
Congress
is
in
the
unobstructed
exercise
of
its
authority
is
the
fact
that
sooner
amended
or
repealed
by
the
National
Assembly."
The
logical
deduction
to
be
drawn
there
would
be
two
legislative
bodies
operating
over
the
same
field,
legislating
concurrently
from
this
provision
is
that
in
the
minds
of
the
lawmakers
the
idea
was
fixed
that
the
Acts
and
simultaneously,
mutually
nullifying
each
other's
actions.
Even
if
the
emergency
powers
themselves
would
lapse
not
later
than
the
rules
and
regulations.
The
design
to
provide
for
of
the
President,
as
suggested,
be
suspended
while
Congress
was
in
session
and
be
revived
the
automatic
repeal
of
those
rules
and
regulations
necessarily
was
predicated
on
the
after
each
adjournment,
the
anomaly
would
not
be
eliminated.
Congress
by
a
two-‐third
vote
consciousness
of
a
prior
or
at
best
simultaneous
repeal
of
their
source.
Were
not
this
the
could
repeal
executive
orders
promulgated
by
the
President
during
congressional
recess,
case,
there
would
arise
the
curious
spectacle,
already
painted,
and
easily
foreseen,
of
the
and
the
President
in
turn
could
treat
in
the
same
manner,
between
sessions
of
Congress,
Legislature
amending
or
repealing
rules
and
regulations
of
the
President
while
the
latter
laws
enacted
by
the
latter.
This
is
not
a
fantastic
apprehension;
in
two
instances
it
was
empowered
to
keep
or
return
them
into
force
and
to
issue
new
ones
independently
of
materialized.
In
entire
good
faith,
and
inspired
only
by
the
best
interests
of
the
country
as
the
National
Assembly.
For
the
rest,
the
reasoning
heretofore
adduced
against
the
asserted
they
saw
them,
a
former
President
promulgated
an
executive
order
regulating
house
rentals
42
indefinite
continuance
of
the
operation
of
Act
No.
671
equally
applies
to
Acts
Nos.
600
and
OTHER
NATIONAL
EMERGENCIES,
MEANING.
-‐
Moreover,
section
26
of
Article
VI
of
the
620.
Constitution,
in
virtue
of
which
Act
No.
671
was
passed,
authorizes
the
delegation
of
powers
by
the
Congress
(1)
in
times
of
war
or
(2)
other
national
emergency.
The
emergency
Rodriguez
vs.
Gella
[G.R.
No.
L-‐6266,
February
2,
1953]
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
after-‐effect
of
war
or
WITHDRAWAL
OF
THE
EMERGENCY
POWERS
DOES
NOT
NEED
THE
CONSENT
OF
THE
from
natural
causes
such
as
widespread
earthquakes,
typhoons,
floods,
and
the
like.
DELEGATE.
-‐
As
the
Act
was
expressly
in
pursuance
of
the
constitutional
provision,
it
has
to
Certainly
the
typhoons
that
hit
some
provinces
and
cities
in
1952
not
only
did
not
result
be
assumed
that
the
National
Assembly
intended
it
to
be
only
for
a
limited
period.
If
it
be
from
the
last
world
war
but
were
and
could
not
have
been
contemplated
by
the
legislators.
contended
that
the
Act
has
not
yet
been
duly
repealed,
and
such
step
is
necessary
to
a
At
any
rate,
the
Congress
is
available
for
necessary
special
sessions,
and
it
cannot
let
the
cessation
of
the
emergency
powers
delegated
to
the
President,
the
result
would
be
obvious
people
down
without
somehow
being
answerable
thereover.
unconstitutionality,
since
it
may
never
be
repealed
by
the
Congress,
or
if
the
latter
ever
attempts
to
do
so,
the
President
may
wield
his
veto.
This
eventuality
has
in
fact
taken
place
EMERGENCY
DOES
NOT
CREATE
POWER.
-‐
The
framers
of
the
Constitution,
however,
had
when
the
President
disapproved
House
Bill
No.
727,
repealing
all
Emergency
Powers
Acts.
the
vision
of
and
were
careful
in
allowing
delegation
of
legislative
powers
to
the
President
The
situation
will
make
the
Congress
and
the
President
or
either
as
the
principal
authority
for
a
limited
period
"in
times
of
war
or
other
national
emergency."
They
had
thus
entrusted
to
determine
the
indefinite
duration
of
the
delegation
of
legislative
powers,
—
in
palpable
to
the
good
judgment
of
the
Congress
the
duty
of
coping
with
any
national
emergency
by
a
repugnance
to
the
constitutional
provision
that
any
grant
thereunder
must
be
for
a
limited
more
efficient
procedure;
but
it
alone
must
decide
because
emergency
in
itself
cannot
and
period,
necessarily
to
be
fixed
in
the
law
itself
and
not
dependent
upon
the
arbitrary
or
should
not
create
power.
In
our
democracy
the
hope
and
survival
of
the
nation
lie
in
the
elastic
will
of
either
the
Congress
or
the
President.
wisdom
and
unselfish
patriotism
of
all
officials
and
in
their
faithful
adherence
to
the
Constitution.
Although
House
Bill
No.
727,
had
been
vetoed
by
the
President
and
did
not
thereby
become
a
regular
statute,
it
may
at
least
be
considered
as
a
concurrent
resolution
of
the
Congress
formally
declaring
the
termination
of
the
emergency
powers.
To
contend
that
the
Bill
needed
presidential
acquiescence
to
produce
effect,
would
lead
to
the
anomalous,
if
not
absurd,
situation
that,
"while
Congress
might
delegate
its
powers
by
a
simple
majority,
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.
This
is
not
right
and
is
not,
and
ought
not
to
be
the
law."
Act
No.
671
may
be
likened
to
an
ordinary
contract
of
agency,
whereby
the
consent
of
the
agent
is
necessary
only
in
the
sense
that
he
cannot
be
compelled
to
accept
the
trust,
in
the
same
way
that
the
principal
cannot
be
forced
to
keep
the
relation
in
eternity
or
at
the
will
of
the
agent.
Neither
can
it
be
suggested
that
the
agency
created
under
the
Act
is
coupled
with
interest.
The
logical
view
consistent
with
constitutionality
is
to
hold
that
the
powers
lasted
only
during
the
emergency
resulting
from
the
last
world
war
which
factually
involved
the
Philippines
when
Act
No.
671
was
passed
on
December
16,
1941.
That
emergency,
which
naturally
terminated
upon
the
ending
of
the
last
world
war,
was
contemplated
by
the
members
of
the
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
statement
of
President
Quezon:
"When
it
became
evident
that
we
were
completely
helpless
against
air
attack
and
that
it
was
most
unlikely
the
Philippine
Legislature
would
hold
its
next
regular
session
which
was
to
open
on
January
1,
1942,
the
National
Assembly
passed
into
history
approving
a
resolution
which
reaffirmed
the
abiding
faith
of
the
Filipino
people
in,
and
their
loyalty
to,
the
United
States.
The
Assembly
also
enacted
a
law
granting
the
President
of
the
Philippines
all
the
powers
that
under
the
Philippine
Constitution
may
be
delegated
to
him
in
time
of
war."
3
When
President
Quezon
said
"in
time
of
war",
he
undoubtedly
meant
such
factual
war
as
that
then
raging.
43
ARTICLE
VIII
–
JUDICIAL
DEPARTMENT
'The
phrase
"judicial
power"
is
not
capable
of
a
precise
definition
which
would
be
applicable
to
all
cases.
The
term
has
been
variously
defined
as
Section
1
the
authority
to
determine
the
rights
of
persons
or
property
by
arbitrating
between
adversaries
in
specific
controversies
at
the
instance
Santiago
vs.
Bautista
[G.R.
No.
L-‐25024.
March
30,
1970]
of
a
party
thereto;
the
authority
exercised
by
that
department
of
government
which
is
charged
with
the
declaration
of
what
the
law
is
and
NATURE
OF
JUDICIAL
POWER.
The
last
point
raised
by
appellees
deserves
first
its
construction
so
far
as
it
is
written
law;
the
authority
or
power
vested
consideration,
for
if
really
the
said
committee
of
teachers
does
not
fall
within
the
category
in
the
judges
or
in
the
courts;
the
authority
vested
in
some
court,
officer,
of
the
tribunal
board,
or
officer
exercising
judicial
functions
contemplated
by
Rule
65,
or
persons
to
hear
and
determine
when
the
rights
of
persons
or
property
further
discussion
of
the
issues
raised
by
appellant
may
no
longer
be
necessary.
To
resolve
or
the
propriety
of
doing
an
act
is
the
subject
matter
of
adjudication;
the
this
problem
the
following
tests
may
be
employed:
power
belonging
to
or
emanating
from
a
judge
as
such;
the
power
conferred
upon
a
public
officer,
involving
the
exercise
of
judgment
and
"In
this
jurisdiction
certiorari
is
a
special
civil
action
instituted
against
discretion
in
the
determination
of
questions
of
right
in
specific
cases
'any
tribunal,
board,
or
officer
exercising
judicial
functions.'
(Section
1,
affecting
the
interest
of
persons
or
property,
as
distinguished
from
Rule
67.)
A
judicial
function
is
an
act
performed
by
virtue
of
judicial
ministerial
power
or
authority
to
carry
out
the
mandates
of
judicial
powers;
the
exercise
of
a
judicial
function
is
the
doing
of
something
in
power
or
the
law;
the
power
exercised
by
courts
in
hearing
and
the
nature
of
the
action
of
the
court
(34
C.J.
1182).
In
order
that
a
special
determining
cases
before
them,
or
some
matter
incidental
thereto,
and
of
civil
action
of
certiorari
may
be
invoked
in
this
jurisdiction
the
following
which
they
have
jurisdiction;
the
power
of
a
court
to
decide
and
circumstances
must
exist:
(1)
that
there
must
be
a
specific
controversy
pronounce
a
judgment;
the
power
which
adjudicates
upon
and
protects
involving
rights
of
persons
or
property
and
said
controversy
is
brought
the
right
and
interests
of
individual
citizens,
and
to
that
end
construes
before
a
tribunal,
board
or
officer
for
hearing
and
determination
of
their
and
applies
the
law.
"Judicial
power"
implies
the
construction
of
laws
respective
rights
and
obligations.
and
the
adjudication
of
legal
rights.
It
includes
the
power
to
hear
and
determine
but
not
everyone
who
may
hear
and
determine
has
judicial
'Judicial
action
is
an
adjudication
upon
the
rights
of
parties
who
in
power.
The
term
"judicial
power"
does
not
necessarily
include
the
power
general
appear
or
are
brought
before
the
tribunal
by
notice
or
process,
to
hear
and
determine
a
matter
that
is
not
in
the
nature
of
a
suit
or
action
and
upon
whose
claims
some
decision
or
judgment
is
rendered.
It
between
the
parties.'
(34
C.J.
1183-‐1184.)
implies
impartiality,
disinterestedness,
a
weighing
of
adverse
claims,
and
is
inconsistent
with
discretion
on
the
one
hand
—
for
the
tribunal
must
(3)
the
tribunal,
board
or
officer
must
pertain
to
that
branch
of
the
decide
according
to
law
and
the
rights
of
the
parties
—
or
with
dictation
sovereign
power
which
belongs
to
the
judiciary,
or
at
least,
which
does
on
the
other;
for
in
the
first
instance
it
must
exercise
its
own
judgment
not
belong
to
the
legislative
or
executive
department.
under
the
laws
and
not
act
under
a
mandate
from
another
power
.
.
.
The
character
of
its
action
in
a
given
case
must
decide
whether
that
action
is
".
.
.
the
distinction
between
legislative
or
ministerial
functions
and
judicial,
ministerial,
or
legislative,
or
whether
it
be
simply
that
of
a
public
judicial
functions
is
difficult
to
point
out
What
is
a
judicial
function
does
agent
of
the
country
or
State,
as
in
its
varied
jurisdictions
it
may
by
turns
not
depend
solely
upon
the
mental
operation
by
which
it
is
performed
or
be
each.'
(In
Re
Saline
County
Subscription,
100
Am.
Dec.
337,
338,
cited
the
importance
of
the
act.
In
solving
this
question,
due
regard
must
be
in
Southeastern
Greyhound
Lines
v.
Georgia
Public
Service
Commission,
had
to
the
organic
law
of
the
state
and
the
division
of
power
of
181
S.
E.
836-‐837.)
government.
In
the
discharge
of
executive
and
legislative
duties,
the
exercise
of
discretion
and
judgment
of
the
highest
order
is
necessary,
'It
may
be
said
generally
that
the
exercise
of
judicial
function
is
to
and
matters
of
the
greatest
weight
and
importance
are
dealt
with.
It
is
determine
what
the
law
is,
and
what
the
legal
rights
of
parties
are,
with
not
enough
to
make
a
function
judicial
that
it
requires
discretion,
respect
to
a
matter
in
controversy;
and
whenever
an
officer
is
clothed
deliberation,
thought,
and
judgment.
It
must
be
the
exercise
of
discretion
with
that
authority,
and
undertakes
to
determine
those
questions,
he
and
judgment
within
the
subdivision
of
the
sovereign
power
which
acts
judicially.'
(State
ex
rel.
Board
of
Commissioners
of
St.
Louis
County,
belongs
to
the
judiciary,
or,
at
least,
which
does
not
belong
to
the
et
al.
v.
Dunn,
90
N.
W.
772-‐773.)
legislative
or
executive
department.
If
the
matter,
in
respect
to
which
it
is
exercised,
belongs
to
either
of
the
two
last-‐named
departments
of
(2)
the
tribunal,
board
or
officer
before
whom
the
controversy
is
government,
it
is
not
judicial.
As
to
what
is
judicial
and
what
is
not
seems
brought
must
have
the
power
and
authority
to
pronounce
judgment
and
to
be
better
indicated
by
the
nature
of
a
thing,
than
its
definition.'
render
a
decision
on
the
controversy
construing
and
applying
the
laws
to
(Whealing
&
Elm
Grove
Railroad
Co.
Appt.
v.
Town
of
Philadelphia,
et
al.,
that
end.
4
L.R.A.
(N.
S.),
pp.
321,
328-‐329.)
[Emphasis
supplied]
1
44
of
the
Constitution.
It
does
not
impair
the
inherent
power
of
courts
"to
settle
actual
"
'WHAT
ARE
JUDICIAL
OR
QUASI
JUDICIAL
ACTS.
It
is
difficult,
if
not
controversies
which
are
legally
demandable
and
enforceable
and
to
determine
whether
or
impossible,
precisely
to
define
what
are
judicial
or
quasi
judicial
acts,
not
there
has
been
a
grave
abuse
of
discretion
amounting
to
lack
or
excess
of
jurisdiction
on
and
there
is
considerable
conflict
in
the
decisions
in
regard
thereto,
in
the
part
of
any
branch
or
instrumentality
of
the
government"
(Sec.
1,
Art.
VIII,
1987
connection
with
the
law
as
to
the
right
to
a
writ
of
certiorari.
It
is
clear,
Constitution).
The
power
to
define,
prescribe
and
apportion
the
jurisdiction
of
the
various
however,
that
it
is
the
nature
of
the
act
to
be
performed,
rather
than
of
courts
belongs
to
the
legislature,
except
that
it
may
not
deprive
the
Supreme
Court
of
its
the
office,
board,
or
body
which
performs
it,
that
determines
whether
or
jurisdiction
over
cases
enumerated
in
Section
5,
Article
VIII
of
the
Constitution
(Sec.
2,
Art.
not
it
is
the
discharge
of
a
judicial
or
quasi-‐judicial
function.
It
is
not
VIII,
1987
Constitution).
essential
that
the
proceedings
should
be
strictly
and
technically
judicial,
in
the
sense
in
which
that
word
is
used
when
applied
to
courts
of
justice,
The
President,
in
the
exercise
of
her
legislative
power
under
the
Freedom
Constitution,
but
it
is
sufficient
if
they
are
quasi
judicial.
It
is
enough
if
the
officers
act
issued
Proclamation
No.
50-‐A
prohibiting
the
courts
from
issuing
restraining
orders
and
judicially
in
making
their
decision,
whatever
may
be
their
public
writs
of
injunction
against
the
APT
and
the
purchasers
of
any
assets
sold
by
it,
to
prevent
character
.
.
.'
courts
from
interfering
in
the
discharge,
by
this
instrumentality
of
the
executive
branch
of
the
Government,
of
its
task
of
carrying
out
"the
expeditious
disposition
and
privatization
of
"In
State
ex
rel.
Board
of
Commrs.
vs.
Dunn
(86
Minn.
301,
304),
the
certain
government
corporations
and/or
the
assets
thereof"
(Proc.
No.
50),
absent
any
following
statements
were
made:
grave
abuse
of
discretion
amounting
to
excess
or
lack
of
jurisdiction
on
its
part.
This
proclamation,
not
being
inconsistent
with
the
Constitution
and
not
having
been
repealed
or
'The
precise
line
of
demarcation
between
what
are
judicial
and
what
are
revoked
by
Congress,
has
remained
operative
(Sec.
3,
Art.
XVIII,
1987
Constitution).
administrative
or
ministerial
functions
is
often
difficult
to
determine.
The
exercise
of
judicial
functions
may
involve
the
performance
of
While
the
judicial
power
may
appear
to
be
pervasive,
the
truth
is
that
under
the
system
of
legislative
or
administrative
duties,
and
the
performance
of
separation
of
powers
set
up
in
the
Constitution,
the
power
of
the
courts
over
the
other
administrative
or
ministerial
duties,
may,
in
a
measure,
involve
the
branches
and
instrumentalities
of
the
Government
is
limited
only
to
the
determination
of
exercise
of
judicial
functions.
It
may
be
said
generally
that
the
exercise
of
"whether
or
not
there
has
been
a
grave
abuse
of
discretion
(by
them)
amounting
to
lack
or
judicial
functions
is
to
determine
what
the
law
is,
and
what
the
legal
excess
of
jurisdiction"
in
the
exercise
of
their
authority
and
in
the
performance
of
their
rights
of
parties
are,
with
respect
to
a
matter
in
controversy;
and
assigned
tasks
(Sec.
1,
Art.
VIII,
1987
Constitution).
Courts
may
not
substitute
their
whenever
an
officer
is
clothed
with
that
authority,
and
undertakes
to
judgment
for
that
of
the
APT,
nor
block,
by
an
injunction,
the
discharge
of
its
functions
and
determine
those
questions,
he
acts
judicially.'
"
the
implementation
of
its
decisions
in
connection
with
the
acquisition,
sale
or
disposition
of
assets
transferred
to
it.
It
is
evident,
upon
the
foregoing
authorities,
that
the
so
called
committee
on
the
rating
of
students
for
honor
whose
actions
are
questioned
in
this
case
exercised
neither
judicial
nor
There
can
be
no
justification
for
judicial
interference
in
the
business
of
an
administrative
quasi
judicial
functions
in
the
performance
of
its
assigned
task.
From
the
above-‐quoted
agency,
except
when
it
violates
a
citizen's
constitutional
rights,
or
commits
a
grave
abuse
of
portions
of
the
decisions
cited,
it
will
be
gleaned
that
before
a
tribunal
board,
or
officer
may
discretion,
or
acts
in
excess
of,
or
without
jurisdiction.
exercise
judicial
or
quasi
judicial
acts,
it
is
necessary
that
there
be
a
law
that
gives
rise
to
some
specific
rights
of
persons
or
property
under
which
adverse
claims
to
such
rights
are
Malaga
vs.
Penachos,
Jr.
[G.R.
No.
86695,
September
3,
1992]
made,
and
the
controversy
ensuing
therefrom
is
brought,
in
turn,
before
the
tribunal,
board
or
officer
clothed
With
power
and
authority
to
determine
what
that
law
is
and
thereupon
LAWS
WHICH
PREVENT
COURTS
FROM
ISSUING
RESTRAINING
ORDERS
OR
INJUNCTIONS
adjudicate
the
respective
rights
of
the
contending
parties.
As
pointed
out
by
appellees,
ARE
VALID
BUT
MAY
ONLY
APPLY
TO
CONTROVERSIES
INVOLVING
FACTS
OR
THE
however,
there
is
nothing
on
record
about
any
rule
of
law
that
provides
that
when
teachers
EXERCISE
OF
DISCRETION
IN
TECHNICAL
CASES.
In
the
case
of
Datiles
and
Co.
vs.
sit
down
to
assess
the
individual
merits
of
their
pupils
for
purposes
of
rating
them
for
Sucaldito,
this
Court
interpreted
a
similar
prohibition
contained
in
P.D.
605,
the
law
after
honors,
such
function
involves
the
determination
of
what
the
law
is
and
that
they
are
which
P.D.
1818
was
patterned.
It
was
there
declared
that
the
prohibition
pertained
to
the
therefore
automatically
vested
with
judicial
or
quasi
judicial
functions.
Worse
still,
this
issuance
of
injunctions
or
restraining
orders
by
courts
against
administrative
acts
in
Court
has
not
even
been
appraised
by
appellant
of
the
pertinent
provisions
of
the
Service
controversies
involving
facts
or
the
exercise
of
discretion
in
technical
cases.
The
Court
Manual
of
Teachers
for
Public
Schools
appellees
allegedly
violated
in
the
composition
of
the
observed
that
to
allow
the
courts
to
judge
these
matters
would
disturb
the
smooth
committee
they
constituted
thereunder,
and,
in
the
performance
of
that
committee's
duties.
functioning
of
the
administrative
machinery.
Justice
Teodoro
Padilla
made
it
clear,
however,
that
on
issues
definitely
outside
of
this
dimension
and
involving
questions
of
law,
courts
Daza
vs.
Singson
[G.R.
No.
86344,
December
21,
1989]
could
not
be
prevented
by
P.D.
No.
605
from
exercising
their
power
to
restrain
or
prohibit
Mantruste
Systems,
Inc.
vs.
CA
[G.R.
Nos.
86540-‐41,
November
6,
1989]
administrative
acts.
THE
CONGRESS
HAS
THE
POWER
TO
DEFINE
THE
EXTENT
OF
JURISDICTION
OF
THE
P.D.
1818
was
not
intended
to
shield
from
judicial
scrutiny
irregularities
committed
by
COURTS
OF
JUSTICE.
Section
31
of
Proclamation
No.
50-‐A
does
not
infringe
any
provision
administrative
agencies
such
as
the
anomalies
above
described.
Hence,
the
challenged
45
restraining
order
was
not
improperly
issued
by
the
respondent
judge
and
the
writ
of
possible
opportunity;
and
(4)
the
decision
on
the
constitutional
question
must
be
necessary
preliminary
injunction
should
not
have
been
denied.
We
note
from
Annex
Q
of
the
private
to
the
determination
of
the
case
itself.
respondent's
memorandum,
however,
that
the
subject
project
has
already
been
"100%
completed
as
to
the
Engineering
Standard."
This
fait
accompli
has
made
the
petition
for
a
Petitioners
have
far
from
complied
with
these
requirements.
The
petition
is
premised
on
writ
of
preliminary
injunction
moot
and
academic.
the
occurrence
of
many
contingent
events,
i.e.,
that
Mayor
Binay
will
run
again
in
this
coming
mayoralty
elections;
that
he
would
be
re-‐elected
in
said
elections;
and
that
he
would
PACU
vs.
Secretary
of
Education
[G.R.
No.
L-‐5279,
October
31,
1955]
seek
re-‐election
for
the
same
post
in
the
1998
elections.
Considering
that
these
contingencies
may
or
may
not
happen,
petitioners
merely
pose
a
hypothetical
issue
which
PROPER
PARTY.
"It
is
an
established
principle
that
to
entitle
a
private
individual
has
yet
to
ripen
to
an
actual
case
or
controversy.
Petitioners
who
are
residents
of
Taguig
immediately
in
danger
of
sustaining
a
direct
injury
as
the
result
of
that
action
and
it
is
not
(except
Mariano)
are
not
also
the
proper
parties
to
raise
this
abstract
issue.
Worse,
they
sufficient
that
he
has
merely
a
general
interest
to
invoke
the
judicial
power
to
determine
hoist
this
futuristic
issue
in
a
petition
for
declaratory
relief
over
which
this
Court
has
no
the
validity
of
executive
or
legislative
action
he
must
show
that
he
has
sustained
or
his
jurisdiction.
interest
common
to
all
members
of
the
public."
(Ex
parte
Levitt,
302
U.
S.
633
82
L.
Ed.
493.)
Macasiano
vs.
National
Housing
Authority
[G.R.
No.
107921,
July
1,
1993]
"Courts
will
not
pass
upon
the
constitutionality
of
a
law"
upon
the
complaint
of
one
who
fails
to
show
that
he
is
injured
by
its
operation.
(Tyler
vs.
Judges,
179
U.
S.
405;
Hendrick
vs.
REQUISITIES
OF
JUDICIAL
INQUIRY.
It
is
a
rule
firmly
entrenched
in
our
jurisprudence
that
Maryland,
235
U.
S.
610;
Coffman
vs.
Breeze
Corp.,
323
U.
S.
316-‐325.)
the
constitutionality
of
an
act
of
the
legislature
will
not
be
determined
by
the
courts
unless
that
question
is
properly
raised
and
presented
in
appropriate
cases
and
is
necessary
to
a
"The
power
of
courts
to
declare
a
law
unconstitutional
arises
only
when
the
interests
of
determination
of
the
case,
i.e.,
the
issue
of
constitutionality
must
be
the
very
lis
mota
litigants
require
the
use
of
that
judicial
authority
for
their
protection
against
actual
presented.
To
reiterate,
the
essential
requisites
for
a
successful
judicial
inquiry
into
the
interference,
a
hypothetical
threat
being
insufficient."
(United
Public
Works
vs.
Mitchell,
constitutionality
of
a
law
are:
(a)
the
existence
of
an
actual
case
or
controversy
involving
a
330
U.
S.
75;
91
L.
Ed.
754.)
conflict
of
legal
rights
susceptible
of
judicial
determination,
(b)
the
constitutional
question
must
be
raised
by
a
proper
party,
(c)
the
constitutional
question
must
be
raised
at
the
"Bona
fide
suit.
—
Judicial
power
is
limited
to
the
decision
of
actual
cases
and
controversies.
earliest
opportunity,
and
(d)
the
resolution
of
the
constitutional
question
must
be
necessary
The
authority
to
pass
on
the
validity
of
statutes
is
incidental
to
the
decision
of
such
cases
to
the
decision
of
the
case.
A
proper
party
is
one
who
has
sustained
or
is
in
danger
or
where
conflicting
claims
under
the
Constitution
and
under
a
legislative
act
assailed
as
sustaining
an
immediate
injury
as
a
result
of
the
acts
or
measures
complained
of.
contrary
to
the
Constitution
are
raised.
It
is
legitimate
only
in
the
last
resort,
and
as
necessity
in
the
determination
of
real,
earnest,
and
vital
controversy
between
litigants."
It
is
easily
discernible
in
the
instant
case
that
the
first
two
(2)
fundamental
requisites
are
(Tañada
and
Fernando,
Constitution
of
the
Philippines,
p.
1138.)
absent.
There
is
no
actual
controversy.
Moreover,
petitioner
does
not
claim
that,
in
either
or
both
of
the
capacities
in
which
he
is
filing
the
petition,
he
has
been
actually
prevented
from
JUSTICEABLE
CONTROVERSY.
Mere
apprehension
that
the
Secretary
of
Education
might
performing
his
duties
as
a
consultant
and
exercising
his
rights
as
a
property
owner
because
under
the
law
withdraw
the
permit
of
one
of
petitioners
does
not
constitute
a
justiciable
of
the
assertion
by
other
parties
of
any
benefit
under
the
challenged
sections
of
the
said
Act.
controversy.
(Cf.
Com.
ex
rel
Watkins
vs.
Winchester
Waterworks
(Ky.)
197
S.
W.
2d.
771.)
Judicial
review
cannot
be
exercised
in
vacuo.
Judicial
power
is
the
"right
to
determine
actual
controversies
arising
between
adverse
litigants."
An
action,
like
this,
is
brought
for
a
positive
purpose,
nay,
to
obtain
actual
and
positive
relief.
(Salonga
vs.
Warner
Barnes,
L-‐2245,
January,
1951.)
Courts
do
not
sit
to
adjudicate
Joya
vs.
PCGG
[G.R.
No.
96541,
August
24,
1993]
mere
academic
questions
to
satisfy
scholarly
interest
therein
however
intellectually
solid
the
problem
may
be.
This
is
specially
true
where
the
issues
"reach
constitutional
LEGAL
STANDING.
The
rule
is
settled
that
no
question
involving
the
constitutionality
or
dimensions,
for
then
there
comes
into
play
regard
for
the
court's
duty
to
avoid
decision
of
validity
of
a
law
or
governmental
act
may
be
heard
and
decided
by
the
court
unless
there
is
constitutional
issues
unless
avoidance
becomes
evasion."
(Rice
vs.
Sioux
City,
U.
S.
Sup.
Ct.
compliance
with
the
legal
requisites
for
judicial
inquiry,
namely:
that
the
question
must
be
Adv.
Rep.,
May
23,
1955,
Law
Ed.,
Vol.
99,
p.
511.)
raised
by
the
proper
party;
that
there
must
be
an
actual
case
or
controversy;
that
the
question
must
be
raised
at
the
earliest
possible
opportunity;
and,
that
the
decision
on
the
Mariano,
Jr.
vs.
COMELEC
[G.R.
No.
118577,
March
7,
1995]
constitutional
or
legal
question
must
be
necessary
to
the
determination
of
the
case
itself.
But
the
most
important
are
the
first
two
(2)
requisites.
HYPOTHETICAL
QUESTIONS
ARE
NOT
APPROPRIATE
FOR
JUDICIAL
DETERMINATION.
We
cannot
entertain
this
challenge
to
the
constitutionality
of
section
51.
The
requirements
On
the
first
requisite,
we
have
held
that
one
having
no
right
or
interest
to
protect
cannot
before
a
litigant
can
challenge
the
constitutionality
of
a
law
are
well-‐delineated.
They
are:
invoke
the
jurisdiction
of
the
court
as
party-‐plaintiff
in
an
action.
This
is
premised
on
Sec.
2,
(1)
there
must
be
an
actual
case
or
controversy;
(2)
the
question
of
constitutionality
must
Rule
3,
of
the
Rules
of
Court
which
provides
that
every
action
must
be
prosecuted
and
be
raised
by
the
proper
party;
(3)
the
constitutional
question
must
be
raised
at
the
earliest
defended
in
the
name
of
the
real
party-‐in-‐interest,
and
that
all
persons
having
interest
in
the
subject
of
the
action
and
in
obtaining
the
relief
demanded
shall
be
joined
as
plaintiffs.
46
The
Court
will
exercise
its
power
of
judicial
review
only
if
the
case
is
brought
before
it
by
a
either
expressly
or
implicitly
certain
powers.
These
they
exercise
not
for
party
who
has
the
legal
standing
to
raise
the
constitutional
or
legal
question.
"Legal
their
own
benefit
but
for
the
body
politic
.
.
.
standing"
means
a
personal
and
substantial
interest
in
the
case
such
that
the
party
has
sustained
or
will
sustain
direct
injury
as
a
result
of
the
governmental
act
that
is
being
"A
public
office
is
a
public
trust.
That
is
more
than
a
moral
adjuration.
It
challenged.
The
term
"interest"
is
material
interest,
an
interest
in
issue
and
to
be
affected
by
is
a
legal
imperative.
The
law
may
vest
in
a
public
official
certain
rights.
It
the
decree,
as
distinguished
from
mere
interest
in
the
question
involved,
or
a
mere
does
so
to
enable
them
to
perform
his
functions
and
fulfill
his
incidental
interest.
Moreover,
the
interest
of
the
party
plaintiff
must
be
personal
and
not
responsibilities
more
efficiently
.
.
.
It
is
an
added
guarantee
that
justices
one
based
on
a
desire
to
vindicate
the
constitutional
right
of
some
third
and
unrelated
and
judges
can
administer
justice
undeterred
by
any
fear
of
reprisal
or
party.
untoward
consequence.
Their
judgments
then
are
even
more
likely
to
be
inspired
solely
by
their
knowledge
of
the
law
and
the
dictates
of
their
There
are
certain
instances
however
when
this
Court
has
allowed
exceptions
to
the
rule
on
conscience,
free
from
the
corrupting
influence
of
base
or
unworthy
legal
standing,
as
when
a
citizen
brings
a
case
for
mandamus
to
procure
the
enforcement
of
motives.
The
independence
of
which
they
are
assured
is
impressed
with
a
public
duty
for
the
fulfillment
of
a
public
right
recognized
by
the
Constitution,
and
when
a
a
significance
transcending
that
of
a
purely
personal
right."
(At
pp.
338-‐
taxpayer
questions
the
validity
of
a
governmental
act
authorizing
the
disbursement
of
339).
public
funds.
As
envisioned
in
the
Constitution,
the
fiscal
autonomy
enjoyed
by
the
Judiciary,
the
Civil
Legaspi
vs.
Civil
Service
Commission
[G.R.
No.
72119,
May
29,
1987]
Service
Commission,
the
Commission
on
Audit,
the
Commission
on
Elections,
and
the
Office
Dumlao
vs.
COMELEC
[G.R.
No.
L-‐52245,
January
22,
1980]
of
the
Ombudsman
contemplates
a
guarantee
of
full
flexibility
to
allocate
and
utilize
their
Bugnay
Construction
&
Devt.
Corp.
vs.
Laron
[G.R.
No.
79983,
August
10,
1989]
resources
with
the
wisdom
and
dispatch
that
their
needs
require.
It
recognizes
the
power
Kilosbayan,
Inc.
vs.
Guingona
[G.R.
No.
113375,
May
5,
1994]
and
authority
to
levy,
assess
and
collect
fees,
fix
rates
of
compensation
not
exceeding
the
Philconsa
vs.
Enriquez
[G.R.
No.
113105,
August
19,
1994]
highest
rates
authorized
by
law
for
compensation
and
play
plans
of
the
government
and
Tatad
vs.
Garcia,
Jr.
[G.R.
No.
114222,
April
6,
1995]
allocate
and
disburse
such
sums
as
may
be
provided
by
law
or
prescribed
by
them
in
the
Oposa
vs.
Factoran,
Jr.
[G.R.
No.
101083,
July
30,
1993]
course
of
the
discharge
of
their
functions.
Kilosbayan
vs.
Morato
[G.R.
No.
118910,
November
16,
1995]
Lozada
vs.
COMELEC
[G.R.
No.
L-‐59068,
January
27,
1983]
Fiscal
autonomy
means
freedom
from
outside
control.
If
the
Supreme
Court
says
it
needs
100
typewriters
but
DBM
rules
we
need
only
10
typewriters
and
sends
its
Section
3
recommendations
to
Congress
without
even
informing
us,
the
autonomy
given
by
the
Constitution
becomes
an
empty
and
illusory
platitude.
Bengzon
vs.
Drilon
[G.R.
No.
103524,
April
15,
1992]
The
Judiciary,
the
Constitutional
Commissions,
and
the
Ombudsman
must
have
the
THE
VETO
POWER
OF
THE
PRESIDENT
CANNOT
BE
EXERCISED
TO
DEPRIVE
THE
independence
and
flexibility
needed
in
the
discharge
of
their
constitutional
duties.
The
SUPREME
COURT
OF
ITS
FISCAL
AUTONOMY.
There
is
a
matter
of
greater
consequence
imposition
of
restrictions
and
constraints
on
the
manner
the
independent
constitutional
arising
from
this
petition.
The
attempt
to
use
the
veto
power
to
set
aside
a
Resolution
of
this
offices
allocate
and
utilize
the
funds
appropriated
for
their
operations
is
anathema
to
fiscal
Court
and
to
deprive
retirees
of
benefits
given
them
by
Rep.
Act
No.
1797
trenches
upon
the
autonomy
and
violative
not
only
of
the
express
mandate
of
the
Constitution
but
especially
constitutional
grant
of
fiscal
autonomy
to
the
Judiciary.
as
regards
the
Supreme
Court,
of
the
independence
and
separation
of
powers
upon
which
the
entire
fabric
of
our
constitutional
system
is
based.
In
the
interest
of
comity
and
Sec.
3
Art.
VIII
mandates
that:
cooperation,
the
Supreme
Court,
Constitutional
Commissions,
and
the
Ombudsman
have
so
far
limited
their
objections
to
constant
reminders.
We
now
agree
with
the
petitioners
that
"SECTION
3.
The
Judiciary
shall
enjoy
fiscal
autonomy.
this
grant
of
autonomy
should
cease
to
be
a
meaningless
provision.
Appropriations
for
the
Judiciary
may
not
be
reduced
by
the
legislature
below
the
amount
appropriated
for
the
previous
year
and,
after
In
the
case
at
bar,
the
veto
of
these
specific
provisions
in
the
General
Appropriations
Act
is
approval,
shall
be
automatically
and
regularly
released."
tantamount
to
dictating
to
the
Judiciary
how
its
funds
should
be
utilized,
which
is
clearly
repugnant
to
fiscal
autonomy.
The
freedom
of
the
Chief
Justice
to
make
adjustments
in
the
We
cannot
overstress
the
importance
of
and
the
need
for
an
independent
judiciary.
The
utilization
of
the
funds
appropriated
for
the
expenditures
of
the
judiciary,
including
the
use
Court
has
on
various
past
occasions
explained
the
significance
of
judicial
independence.
In
of
any
savings
from
any
particular
item
to
cover
deficits
or
shortages
in
other
items
of
the
the
case
of
De
la
Llana
v.
Alba
(112
SCRA
294
[1982],
it
ruled:
judiciary
is
withheld.
Pursuant
to
the
Constitutional
mandate,
the
Judiciary
must
enjoy
freedom
in
the
disposition
of
the
funds
allocated
to
it
in
the
appropriations
law.
It
knows
its
"It
is
a
cardinal
rule
of
faith
of
our
constitutional
regime
that
it
is
the
priorities
just
as
it
is
aware
of
the
fiscal
restraints.
The
Chief
Justice
must
be
given
a
free
people
who
are
endowed
with
rights,
to
secure
which
a
government
is
hand
on
how
to
augment
appropriations
where
augmentation
is
needed.
instituted.
Acting
as
it
does
through
public
officials,
it
has
to
grant
them
47
Section
4
It
is
also
emphasized
that
every
court,
including
this
Court,
is
charged
with
the
duty
of
a
purposeful
hesitation
before
declaring
a
law
unconstitutional,
on
the
theory
that
the
Limketkai
Sons
Milling,
Inc.
vs.
CA
[G.R.
No.
118509,
September
5,
1996]
measure
was
first
carefully
studied
by
the
executive
and
the
legislative
departments
and
determined
by
them
to
be
in
accordance
with
the
fundamental
law
before
it
was
finally
THE
COMPOSITION
OF
THE
DIVISIONS
OF
THE
SUPREME
COURT
IS
AN
INTERNAL
approved.
To
doubt
is
to
sustain.
The
presumption
of
constitutionality
can
be
overcome
MATTER
WHICH
COULD
NOT
GIVE
RISE
TO
ANY
CAUSE
OF
ACTION.
What
petitioner
only
by
the
clearest
showing
that
there
was
indeed
an
infraction
of
the
Constitution,
and
bewails
the
most
is
the
present
composition
of
the
Third
Division
which
deliberated
on
only
when
such
a
conclusion
is
reached
by
the
requipped
majority
may
the
Court
private
respondents'
motions
for
reconsideration
and
by
a
majority
vote
reversed
the
pronounce,
in
the
discharge
of
the
duty
it
cannot
escape,
that
the
challenged
act
must
be
unanimous
decision
of
December
1,
1995.
More
specifically,
petitioner
questions
the
struck
down.
assumption
of
Chief
Justice
Narvasa
of
the
chairmanship
of
the
Third
Division
and
arrogantly
rams
its
idea
on
how
each
Division
should
be
chaired,
i.e.,
the
First
Division
Larranaga
vs.
CA
[G.R.
No.
130644,
March
13,
1998]
should
have
been
chaired
by
Chief
Justice
Narvasa,
the
Second
Division
by
Mr.
Justice
Padilla,
the
next
senior
Justice,
and
the
Third
Division
by
Mr.
Justice
Regalado,
the
third
in
THE
POWER
TO
CHANGE
VENUE
AND
PLACE
OF
TRIAL
DOES
NOT
INCLUDE
THE
line.
We
need
only
to
state
that
the
change
in
the
membership
of
the
three
divisions
of
the
PRELIMINARY
INVESTIGATION.
As
regards
petitioner's
motion
to
change
the
venue
and
Court
with
inevitable
by
reason
of
Mr.
Justice
Feliciano's
retirement.
Such
reorganization
is
the
authority
to
conduct
the
preliminary
investigation,
we
are
constrained
to
dismiss
the
purely
an
internal
matter
of
the
Court
to
which
petitioner
certainly
has
no
business
at
all.
In
same
for
lack
of
jurisdiction.
The
holding
of
a
preliminary
investigation
is
a
function
of
the
fact,
the
current
"staggered"
set-‐up
in
the
chairmanships
of
the
Divisions
is
similar
to
that
Executive
Department
and
not
of
the
Judiciary.
Petitioner
should
therefore
address
their
adopted
in
1988.
In
the
year,
the
Court's
Third
Division
was
likewise
chaired
by
then
Chief
plea
to
the
Department
of
Justice
that
has
control
and
supervision
over
the
conduct
of
Justice
Fernan,
while
the
First
and
Second
Divisions
were
headed
by
the
next
senior
Justices
preliminary
investigations.
—
Narvasa
and
Melencio-‐Herrera,
respectively.
Bustos
vs.
Lucero
[G.R.
No.
L-‐2068,
October
20,
1948]
Section
5
Separate
Opinion
Drilon
vs.
Lim
[G.R.
No.
112497,
August
4,
1994]
RIGHT
TO
CROSS-‐EXAMINATION
DURING
PRELIMINARY
INVESTIGATION
IS
A
THE
REGIONAL
TRIAL
COURT
HAS
AUTHORITY
TO
RULE
ON
THE
CONSTITUTIONALITY
SUBSTANTIVE
RIGHT
WHICH
CANNOT
BE
WITHHELD
BY
THE
SUPREME
COURT
BY
OF
ANY
LAW,
BUT
TRIAL
COURTS
ARE
ADVISED
TO
BE
MORE
CIRCUMSPECT
IN
VIRTUE
OF
ITS
RULE
MAKING
POWER.
Section
13,
Article
VIII,
of
the
Constitution
NULLIFYING
LAWS.
We
stress
at
the
outset
that
the
lower
court
had
jurisdiction
to
prescribes
that
"the
Supreme
Court
shall
have
power
to
promulgate
rules
concerning
consider
the
constitutionality
of
Section
187,
this
authority
being
embraced
in
the
general
pleading,
practice
and
procedure
in
all
courts,
but
said
rules
shall
not
diminish,
increase
or
definition
of
the
judicial
power
to
determine
what
are
the
valid
and
binding
laws
by
the
modify
substantive
rights."
The
Constitution
added
the
last
part
of
the
above-‐quoted
criterion
of
their
conformity
to
the
fundamental
law.
Specifically,
BP
129
vests
in
the
constitutional
precept
in
order
to
emphasize
that
the
Supreme
Court
is
not
empowered,
and
regional
trial
courts
jurisdiction
over
all
civil
cases
in
which
the
subject
of
the
litigation
is
therefore
can
not
enact
or
promulgate
substantive
laws
or
rules,
for
it
is
obvious
that
rules
incapable
of
pecuniary
estimation,
even
as
the
accused
in
a
criminal
action
has
the
right
to
which
diminish,
increase
or
modify
substantive
rights,
are
substantive
and
not
adjective
question
in
his
defense
the
constitutionality
of
a
law
he
is
charged
with
violating
and
of
the
laws
or
rules
concerning
pleading,
practice
and
procedure.
proceedings
taken
against
him,
particularly
as
they
contravene
the
Bill
of
Rights.
Moreover,
Article
X,
Section
5(2),
of
the
Constitution
vests
in
the
Supreme
Court
appellate
jurisdiction
It
does
not
require
an
elaborate
argument
to
show
that
the
right
granted
by
law
upon
a
over
final
judgments
and
orders
of
lower
courts
in
all
cases
in
which
the
constitutionality
or
defendant
to
be
confronted
with
and
cross-‐
examine
the
witnesses
for
the
prosecution
in
validity
of
any
treaty,
international
or
executive
agreement,
law,
presidential
decree,
preliminary
investigation
as
well
as
in
the
trial
of
the
case
is
a
substantive
right.
It
is
based
proclamation,
order,
instruction,
ordinance,
or
regulation
is
in
question.
on
human
experience,
according
to
which
a
person
is
not
prone
to
tell
a
lie
against
another
in
his
presence,
knowing
fully
well
that
the
latter
may
easily
contradict
him,
and
that
the
In
the
exercise
of
this
jurisdiction,
lower
courts
are
advised
to
act
with
the
utmost
credibility
of
a
person
or
veracity
of
his
testimony
may
be
efficaciously
tested
by
a
cross-‐
circumspection,
bearing
in
mind
the
consequences
of
a
declaration
of
unconstitutionality
examination.
It
is
a
substantive
right
because
by
exercising
it,
an
accused
person
may
show,
upon
the
stability
of
laws,
no
less
than
on
the
doctrine
of
separation
of
powers.
As
the
even
if
he
has
no
evidence
in
his
favor,
that
the
testimonies
of
the
witnesses
for
the
questioned
act
is
usually
the
handiwork
of
the
legislative
or
the
executive
departments,
or
prosecution
are
not
sufficient
to
indicate
that
there
is
a
probability
that
a
crime
has
been
both,
it
will
be
prudent
for
such
courts,
if
only
out
of
a
becoming
modesty,
to
defer
to
the
committed
and
he
is
guilty
thereof,
and
therefore
the
accused
is
entitled
to
be
released
and
higher
judgment
of
this
Court
in
the
consideration
of
its
validity,
which
is
better
determined
not
committed
to
prison,
and
thus
avoid
an
open
and
public
accusation
of
crime,
the
after
a
thorough
deliberation
by
a
collegiate
body
and
with
the
concurrence
of
the
majority
trouble,
expense,
and
anxiety
of
a
public
trial,
and
the
corresponding
anxiety
or
moral
of
those
who
participated
in
its
discussion.
suffering
which
a
criminal
prosecution
always
entails.
48
This
right
is
not
a
constitutional
but
a
statutory
right
granted
by
law
to
an
accused
outside
expressly
states
that
"(T)hey
shall
also
apply
to
appeal
from
final
orders
or
decisions
of
any
of
the
City
of
Manila
because
of
the
usual
delay
in
the
final
disposition
of
criminal
cases
in
quasi-‐judicial
agency
from
which
an
appeal
is
now
allowed
by
statute
to
the
Court
of
provinces.
The
law
does
not
grant
such
right
to
a
person
charged
with
offenses
triable
by
Appeals
or
the
Supreme
Court."
E.O.
266
is
one
such
statute.
Besides,
the
enumeration
is
the
Court
of
First
Instance
in
the
City
of
Manila,
because
of
the
promptness,
actual
or
preceded
by
the
words
"(A)mong
these
agencies
are
.
.
.,"
strongly
implying
that
there
are
presumptive,
with
which
criminal
cases
are
tried
and
disposed
of
in
the
Court
of
First
other
quasi-‐judicial
agencies
which
are
covered
by
the
Circular
but
which
have
not
been
Instance
of
said
city.
But
this
right,
though
not
a
constitutional
one,
can
not
be
modified,
expressly
listed
therein.
More
importantly,
BOI
does
not
fall
within
the
purview
of
the
abridged,
or
diminished
by
the
Supreme
Court,
by
virtue
of
the
rule
making
power
exclusions
listed
in
Section
2
of
the
circular.
Only
the
following
final
decisions
and
conferred
upon
this
Court
by
the
Constitution.
interlocutory
orders
are
expressly
excluded
from
the
circular,
namely,
those
of:
(1)
the
National
Labor
Relations
Commission;
(2)
the
Secretary
of
Labor
and
Employment;
(3)
the
Since
the
provisions
of
section
11
of
Rule
108
as
construed
by
this
Court
in
several
cases,
Central
Board
of
Assessment
Appeals
and
(4)
other
quasi-‐judicial
agencies
from
which
no
(in
which
the
question
of
constitutionality
or
validity
of
said
section
had
not
been
squarely
appeal
to
the
courts
is
prescribed
or
allowed
by
statute.
Since
in
DBP
v.
CA
13
we
upheld
raised)
do
away
with
the
defendant's
right
under
discussion,
it
follows
that
said
section
the
appellate
jurisdiction
of
the
Court
of
Appeals
over
the
Court
of
Tax
Appeals
despite
the
diminishes
the
substantive
right
of
the
defendant
in
criminal
case,
and
this
Court
has
no
fact
that
the
same
is
not
among
the
agencies
reorganized
by
B.P.
129,
on
the
ground
that
power
or
authority
to
promulgate
it
and
therefore
is
null
and
void.
B.P.
129
is
broad
and
comprehensive,
there
is
no
reason
why
BOI
should
be
excluded
from
Circular
1-‐91,
which
is
but
implementary
of
said
law.
First
Lepanto
Ceramics,
Inc.
vs.
CA
[G.R.
No.
110571,
March
10,
1994]
Clearly,
Circular
1-‐91
effectively
repealed
or
superseded
Article
82
of
E.O.
226
insofar
as
the
THE
RULES
OF
COURT
WILL
TAKE
PRECEDENCE
OVER
LAWS
REGULATING
PROCEDURES
manner
and
method
of
enforcing
the
right
to
appeal
from
decisions
of
the
BOI
are
OF
COURTS.
The
argument
that
Article
82
of
E.O.
226
cannot
be
validly
repealed
by
Circular
concerned.
Appeals
from
decisions
of
the
BOI,
which
by
statute
was
previously
allowed
to
1-‐91
because
the
former
grants
a
substantive
right
which,
under
the
Constitution
cannot
be
be
filed
directly
with
the
Supreme
Court,
should
now
be
brought
to
the
Court
of
Appeals.
modified,
diminished
or
increased
by
this
Court
in
the
exercise
of
its
rule-‐making
powers
is
not
entirely
defensible
as
it
seems.
Respondent
correctly
argued
that
Article
82
of
E.O.
226
Aruelo
vs.
CA
[G.R.
No.
107852,
October
20,
1993]
grants
the
right
of
appeal
from
decisions
or
final
orders
of
the
BOI
and
in
granting
such
right,
it
also
provided
where
and
in
what
manner
such
appeal
can
be
brought.
These
latter
THE
COMMISSION
ON
ELECTION
CANNOT
PROMULGATE
RULES
GOVERNING
portions
simply
deal
with
procedural
aspects
which
this
Court
has
the
power
to
regulate
by
PROCEEDINGS
BEFORE
THE
COURTS
OF
JUSTICE.
Section
1,
Rule
13,
Part
III
of
the
virtue
of
its
constitutional
rule-‐making
powers.
COMELEC
Rules
of
Procedure
is
not
applicable
to
proceedings
before
the
regular
courts.
As
expressly
mandated
by
Section
2,
Rule
1,
Part
I
of
the
COMELEC
Rules
of
Procedure,
the
The
case
of
Bustos
v.
Lucero
distinguished
between
rights
created
by
a
substantive
law
filing
of
motions
to
dismiss
and
bill
of
particulars,
shall
apply
only
to
proceedings
brought
and
those
arising
from
procedural
law:
before
the
COMELEC.
Section
2,
Rule
1,
Part
I
provides:
"Substantive
law
creates
substantive
rights
.
.
.
.
Substantive
rights
is
a
"SEC.
2.
Applicability.
—
These
rules,
except
Part
VI,
shall
apply
to
all
term
which
includes
those
rights
which
one
enjoys
under
the
legal
actions
and
proceedings
brought
before
the
Commission.
Part
VI
shall
system
prior
to
the
disturbance
of
normal
relations
(60
C.J.,
980).
apply
to
election
contests
and
quo
warranto
cases
cognizable
by
courts
Substantive
law
is
that
part
of
the
law
which
creates,
defines
and
of
general
or
limited
jurisdiction."
regulates
rights,
or
which
regulates
rights
and
duties
which
give
rise
to
a
cause
of
action,
as
opposed
to
adjective
or
remedial
law,
which
It
must
be
noted
that
nowhere
in
Part
VI
of
the
COMELEC
Rules
of
Procedure
is
it
provided
prescribes
the
method
of
enforcing
rights
or
obtains
a
redress
for
their
that
motions
to
dismiss
and
bill
of
particulars
are
not
allowed
in
election
protests
or
quo
invasion."
warranto
cases
pending
before
the
regular
courts.
Indeed,
the
question
of
where
and
in
what
manner
appeals
from
decisions
of
the
BOI
should
Constitutionally
speaking,
the
COMELEC
can
not
adopt
a
rule
prohibiting
the
filing
of
certain
be
brought
pertains
only
to
procedure
or
the
method
of
enforcing
the
substantive
right
to
pleadings
in
the
regular
courts.
The
power
to
promulgate
rules
concerning
pleadings,
appeal
granted
by
E.O.
226.
In
other
words,
the
right
to
appeal
from
decisions
or
final
practice
and
procedure
in
all
courts
is
vested
on
the
Supreme
Court
(Constitution,
Art
VIII,
orders
of
the
BOI
under
E.O.
226
remains
and
continues
to
be
respected.
Circular
1-‐91
Sec.
5
[5]).
simply
transferred
the
venue
of
appeals
from
decisions
of
this
agency
to
respondent
Court
of
Appeals
and
provided
a
different
period
of
appeal,
i.e.,
fifteen
(15)
days
from
notice.
It
did
Private
respondent
received
a
copy
of
the
order
of
the
Regional
Trial
Court
denying
his
not
make
an
incursion
into
the
substantive
right
to
appeal.
motion
for
a
bill
of
particulars
on
August
6,
1992.
Under
Section
1
(b),
Rule
12
of
the
Revised
Rules
of
Court,
a
party
has
at
least
five
days
to
file
his
answer
after
receipt
of
the
The
fact
that
BOI
is
not
expressly
included
in
the
list
of
quasi-‐judicial
agencies
found
in
the
order
denying
his
motion
for
a
bill
of
particulars.
Private
respondent,
therefore,
had
until
third
sentence
of
Section
1
of
Circular
1-‐91
does
not
mean
that
said
circular
does
not
apply
August
11,
1992
within
which
to
file
his
answer.
The
Answer
with
Counter-‐Protest
and
to
appeals
from
final
orders
or
decision
of
the
BOI.
The
second
sentence
of
Section
1
thereof
Counterclaim
filed
by
him
on
August
11,
1992
was
filed
timely.
49
it
is
only
the
Supreme
Court
that
can
oversee
the
judges'
and
court
personnel's
compliance
Javellana
vs.
DILG
[G.R.
No.
102549,
August
10,
1992]
with
all
laws,
and
take
the
proper
administrative
action
against
them
if
they
commit
any
violation
thereof.
No
other
branch
of
government
may
intrude
into
this
power,
without
REGULATIONS
ISSUED
BY
THE
DEPARTMENT
OF
LOCAL
GOVERNMENT
REQUIRING
THE
running
afoul
of
the
doctrine
of
separation
of
powers.
ELECTIVE
OFFICERS
TO
SEEK
AUTHORITY
FIRST
BEFORE
EXERCISING
A
PROFESSION
DOES
NOT
VIOLATE
THE
RULE
MAKING
POWER
OF
THE
SUPREME
COURT.
Petitioner's
The
Ombudsman
cannot
justify
its
investigation
of
petitioner
on
the
powers
granted
to
it
by
contention
that
Section
90
of
the
Local
Government
Code
of
1991
and
DLG
Memorandum
the
Constitution,
for
such
a
justification
not
only
runs
counter
to
the
specific
mandate
of
Circular
No.
90-‐81
violate
Article
VIII,
Section
5
of
the
Constitution
is
completely
off
the
Constitution
granting
supervisory
powers
to
the
Supreme
Court
over
all
courts
and
tangent.
Neither
the
statute
nor
the
circular
trenches
upon
the
Supreme
Court's
power
and
their
personnel,
but
likewise
undermines
the
independence
of
the
judiciary.
authority
to
prescribe
rules
on
the
practice
of
law.
The
Local
Government
Code
and
DLG
Memorandum
Circular
No.
90-‐81
simply
prescribe
rules
of
conduct
for
public
officials
to
Thus,
the
Ombudsman
should
first
refer
the
matter
of
petitioner's
certificates
of
service
to
avoid
conflicts
of
interest
between
the
discharge
of
their
public
duties
and
the
private
this
Court
for
determination
of
whether
said
certificates
reflected
the
true
status
of
his
practice
of
their
profession,
in
those
instances
where
the
law
allows
it.
pending
case
load,
as
the
Court
has
the
necessary
records
to
make
such
a
determination.
The
Ombudsman
cannot
compel
this
Court,
as
one
of
the
three
branches
of
government,
to
Section
90
of
the
Local
Government
Code
does
not
discriminate
against
lawyers
and
submit
its
records,
or
to
allow
its
personnel
to
testify
on
this
matter,
as
suggested
by
public
doctors.
It
applies
to
all
provincial
and
municipal
officials
in
the
professions
or
engaged
in
respondent
Abiera
in
his
affidavit-‐complaint.
any
occupation.
Section
90
explicitly
provides
that
sanggunian
members
"may
practice
their
professions,
engage
in
any
occupation,
or
teach
in
schools
except
during
session
hours."
If
The
rationale
for
the
foregoing
pronouncement
is
evident
in
this
case.
Administratively,
the
there
are
some
prohibitions
that
apply
particularly
to
lawyers,
it
is
because
of
all
the
question
before
Us
is
this:
should
a
judge,
having
been
granted
by
this
Court
an
extension
of
professions,
the
practice
of
law
is
more
likely
than
others
to
relate
to,
or
affect,
the
area
of
time
to
decide
cases
before
him,
report
these
cases
in
his
certificate
of
service?
As
this
public
service.
question
had
not
yet
been
raised
with,
much
less
resolved
by,
this
Court,
how
could
the
Ombudsman
resolve
the
present
criminal
complaint
that
requires
the
resolution
of
said
Section
6
question?
Maceda
vs.
Vasquez
[G.R.
No.
102781,
April
22,
1993]
In
fine,
where
a
criminal
complaint
against
a
Judge
or
other
court
employee
arises
from
their
administrative
duties,
the
Ombudsman
must
defer
action
on
said
complaint
and
refer
COMPLAINTS
AGAINST
JUDGES
MUST
BE
REFERRED
FIRST
TO
THE
SUPREME
COURT
BY
the
same
to
this
Court
for
determination
whether
said
Judge
or
court
employee
had
acted
VIRTUE
OF
THE
COURTS
ADMINISTRATIVE
SUPERVISION
OVER
THEM.
Petitioner
also
within
the
scope
of
their
administrative
duties.
contends
that
the
Ombudsman
has
no
jurisdiction
over
said
case
despite
this
Court's
ruling
in
Orap
vs.
Sandiganbayan,
since
the
offense
charged
arose
from
the
judge's
performance
of
Raquiza
vs.
Castañeda,
Jr.
[A.M.
No.
1312-‐CFI,
January
31,
1978]
his
official
duties,
which
is
under
the
control
and
supervision
of
the
Supreme
Court.
Furthermore,
the
investigation
of
the
Ombudsman
constitutes
an
encroachment
into
the
IN
ADMISNISTRATIVE
CHARGES
AGAINST
JUDGES
THE
REQUIRED
QUANTUM
OF
Supreme
Court's
constitutional
duty
of
supervision
over
all
inferior
courts.
EVIDENCE
IS
PROOF
BEYOND
REASONABLE
DOUBT.
The
rules
even
in
an
administrative
case
demands
that
if
the
respondent
Judge
should
be
disciplined
for
grave
misconduct
or
The
Court
disagrees
with
the
first
Part
of
petitioner's
basic
argument.
There
is
nothing
in
any
graver
offense,
the
evidence
presented
against
him
should
be
competent
and
derived
the
decision
in
Orap
that
would
restrict
it
only
to
offenses
committed
by
a
judge
unrelated
from
direct
knowledge.
The
judiciary,
to
which
respondent
belongs,
no
less
demands
that
to
his
official
duties.
A
judge
who
falsifies
his
certificate
of
service
is
administratively
liable
before
its
member
could
be
faulted,
it
should
be
only
after
due
investigation
and
based
on
to
the
Supreme
Court
for
serious
misconduct
and
inefficiency
under
Section
1,
Rule
140
of
competent
proofs,
no
less.
This
is
all
the
more
so
when
as
in
this
case
the
charges
are
penal
the
Rules
of
Court,
and
criminally
liable
to
the
State
under
the
Revised
Penal
Code
for
his
in
nature.
felonious
act.
The
ground
for
the
removal
of
a
judicial
officer
should
be
established
beyond
reasonable
However,
We
agree
with
petitioner
that
in
the
absence
of
any
administrative
action
taken
doubt.
Such
is
the
rule
where
the
charges
on
which
the
removal
is
sought
is
misconduct
in
against
him
by
this
Court
with
regard
to
his
certificates
of
service,
the
investigation
being
office,
willful
neglect,
corruption,
incompetency,
etc.
The
general
rules
in
regard
to
conducted
by
the
Ombudsman
encroaches
into
the
Court's
power
of
administrative
admissibility
of
evidence
in
criminal
trials
apply.
supervision
over
all
courts
and
its
personnel,
in
violation
of
the
doctrine
of
separation
of
powers.
Section
7
Kilosbayan
vs.
Ermita
[G.R.
No.
177721,
July
3,
2007]
Article
VIII,
section
6
of
the
1987
Constitution
exclusively
vests
in
the
Supreme
Court
administrative
supervision
over
all
courts
and
court
personnel,
from
the
Presiding
Justice
of
Section
10
the
Court
of
Appeals
down
to
the
lowest
municipal
trial
court
clerk.
By
virtue
of
this
power,
Nitafan
vs.
Commissioner
of
Internal
Revenue
[G.R.
No.
L-‐78780,
July
23,
1987]
50
its
view
be
accorded,
the
fullest
consideration.
No
fear
need
be
entertained
that
there
is
a
SALARIES
OF
MEMBERS
OF
THE
JUDICIARY
ARE
SUBJECT
TO
TAX.
Besides,
construing
failure
to
accord
respect
to
the
basic
principle
that
this
Court
does
not
render
advisory
Section
10,
Articles
VIII,
of
the
1987
Constitution,
which,
for
clarity,
is
again
reproduced
opinions.
No
question
of
law
is
involved.
If
such
were
the
case,
certainly
this
Court
could
not
hereunder:
have
its
say
prior
to
the
action
taken
by
either
of
the
two
departments.
Even
then,
it
could
do
so
but
only
by
way
of
deciding
a
case
where
the
matter
has
been
put
in
issue.
Neither
is
"The
salary
of
the
Chief
Justice
and
of
the
Associate
Justices
of
the
there
any
intrusion
into
who
shall
be
appointed
to
the
vacant
positions
created
by
the
Supreme
Court,
and
of
judges
of
lower
courts
shall
be
fixed
by
law.
reorganization.
That
remains
in
the
hands
of
the
Executive
to
whom
it
properly
belongs.
During
their
continuance
in
office,
their
salary
shall
not
be
decreased."
There
is
no
departure
therefore
from
the
tried
and
tested
ways
of
judicial
power.
Rather
(Emphasis
supplied).
what
is
sought
to
be
achieved
by
this
liberal
interpretation
is
to
preclude
any
plausibility
to
the
charge
that
in
the
exercise
of
the
conceded
power
of
reorganizing
the
Inferior
Courts,
it
is
plain
that
the
Constitution
authorizes
Congress
to
pass
a
law
fixing
another
rate
of
the
power
of
removal
of
the
present
incumbents
vested
in
this
Tribunal
is
ignored
or
compensation
of
Justices
and
Judges
but
such
rate
must
be
higher
than
that
which
they
are
disregarded.
The
challenged
Act
would
thus
be
free
from
any
unconstitutional
taint,
even
receiving
at
the
time
of
enactment,
or
if
lower,
it
would
be
applicable
only
to
those
one
not
readily
discernible
except
to
those
predisposed
to
view
it
with
distrust.
Moreover,
appointed
after
its
approval.
It
would
be
a
strained
construction
to
read
into
the
provision
such
a
construction
would
be
in
accordance
with
the
basic
principle
that
in
the
choice
of
an
exemption
from
taxation
in
the
light
of
the
discussion
in
the
Constitutional
Commission.
alternatives
between
one
which
would
save
and
another
which
would
invalidate
a
statute,
the
former
is
to
be
preferred.
There
is
an
obvious
way
to
do
so.
The
principle
that
the
With
the
foregoing
interpretation,
and
as
stated
heretofore,
the
ruling
that
"the
imposition
Constitution
enters
into
and
forms
part
of
every
act
to
avoid
any
unconstitutional
taint
must
of
income
tax
upon
the
salary
of
judges
is
a
dimunition
thereof,
and
so
violates
the
be
applied.
Constitution"
in
Perfecto
vs.
Meer,
as
affirmed
in
Endencia
vs.
David
must
be
declared
discarded.
The
framers
of
the
fundamental
law,
as
the
alter
ego
of
the
people,
have
People
vs.
Gacott,
Jr.
[G.R.
No.
116049,
July
13,
1995]
expressed
in
clear
and
unmistakable
terms
the
meaning
and
import
of
Section
10,
Article
VIII,
of
the
1987
Constitution
that
they
have
adopted.
NOT
ALL
DISCIPLINARY
ACTION
PROCEEDINGS
NEED
TO
BE
HEARD
EN
BANC.
At
any
rate,
the
very
text
of
the
present
Section
11
of
Article
VIII
clearly
shows
that
there
are
Stated
otherwise,
we
accord
due
respect
to
the
intent
of
the
people,
through
the
discussions
actually
two
situations
envisaged
therein.
The
first
clause
which
states
that
"the
Supreme
and
deliberations
of
their
representatives,
in
the
spirit
that
all
citizens
should
bear
their
Court
en
banc
shall
have
the
power
to
discipline
judges
of
lower
courts,"
is
a
declaration
of
aliquot
part
of
the
cost
of
maintaining
the
government
and
should
share
the
burden
of
the
grant
of
that
disciplinary
power
to,
and
the
determination
of
the
procedure
in
the
general
income
taxation
equitably.
exercise
thereof
by,
the
Court
en
banc.
It
was
not
therein
intended
that
all
administrative
disciplinary
cases
should
be
heard
and
decided
by
the
whole
Court
since
it
would
result
in
Section
11
an
absurdity,
as
will
hereafter
be
explained.
De
la
Llana
vs.
Alba
[G.R.
No.
57883,
March
12,
1982]
The
second
clause,
which
refers
to
the
second
situation
contemplated
therein
and
is
intentionally
separated
from
the
first
by
a
comma,
declares
on
the
other
hand
that
the
Court
DISSOLUTION
OF
OFFICE
DOES
NOT
INFRINGE
ON
THE
DICIPLINARY
AUTHORITY
OF
THE
en
banc
can
"order
their
dismissal
by
a
vote
of
a
majority
of
the
Members
who
actually
took
SUPREME
COURT
OVER
JUDGES.
Petitioners
contend
that
the
abolition
of
the
existing
part
in
the
deliberations
on
the
issues
in
the
case
and
voted
therein."
Evidently,
in
this
Inferior
Courts
collides
with
the
security
of
tenure
enjoyed
by
incumbent
Justices
and
instance,
the
administrative
case
must
be
deliberated
upon
and
decided
by
the
full
Court
judges
under
Article
X,
Section
7
of
the
Constitution.
There
was
a
similar
provision
the
1935
itself.
Constitution.
It
did
not,
however,
go
as
far
as
conferring
on
this
Tribunal
the
power
to
supervise
administratively
inferior
courts.
Moreover,
this
Court
is
empowered
"to
discipline
Pursuant
to
the
first
clause
which
confers
administrative
disciplinary
power
to
the
Court
en
judges
of
inferior
courts
and,
by
a
vote
of
at
least
eight
members,
order
their
dismissal.
banc,
on
February
9,
1993
a
Court
En
Banc
resolution
was
adopted,
entitled
"Bar
Matter
No.
"Thus
it
possesses
the
competence
to
remove
judges.
Under
the
Judiciary
Act,
it
was
the
209.
—
In
the
Matter
of
the
Amendment
and/or
Clarification
of
various
Supreme
Courts
President
who
was
vested
with
such
power.
Removal
is,
of
course,
to
be,
distinguished
from
Rules
and
Resolutions,"
and
providing
inter
alia:
termination
by
virtue
of
the
abolition
of
the
office.
After
the
abolition,
there
is
in
law
no
occupant.
In
case
of
removal,
there
is
an
office
with
an
occupant
who
would
thereby
lose
his
For
said
purpose,
the
following
are
considered
en
banc
cases:
position.
It
is
in
that
sense
that
from
the
stand-‐point
of
strict
law,
the
question
of
any
impairment
of
security
of
tenure
does
not
arise.
Nonetheless,
for
the
incumbents
of
'Inferior
6.
Cases
where
the
penalty
to
be
imposed
is
the
dismissal
of
a
Courts
abolished,
the
effect
is
one
of
separation.
As
to
its
effect,
no
distinction
exists
judge,
officer
or
employee
of
the
Judiciary,
disbarment
of
a
lawyer,
or
between
removal
and
the
abolition
of
the
office.
Realistically,
it
is
devoid
of
significance.
He
either
the
suspension
of
any
of
them
for
a
period
of
more
than
one
(1)
ceases
to
be
a
member
of
the
Judiciary.
In
the
implementation
of
the
assailed
legislation,
year
or
a
fine
exceeding
P10,000.00,
or
both.
therefore,
it
would
be
in
accordance
with
accepted
principles
of
constitutional
construction
that
as
far
as
incumbent
justices
and
judges
are
concerned,
this
Court
be
consulted
and
that
51
This
resolution
was
amended
on
March
16,
1993
and
November
23,
1993,
but
the
the
collegiate
composition
of
this
Court.
The
certification
in
AM
No.
R-‐510-‐P
entitled
aforequoted
provision
was
maintained.
"Apolinario
de
Sarigumba
vs.
Deputy
Sheriff
Pasok,"
cited
in
the
Petition,
is
but
an
oversight.
Indeed,
to
require
the
entire
Court
to
deliberate
upon
and
participate
in
all
administrative
But
even
if
such
a
certification
were
required,
it
is
beyond
doubt
that
the
conclusions
of
the
matters
or
cases
regardless
of
the
sanctions,
imposable
or
imposed,
would
result
in
a
Court
in
its
decision
were
arrived
at
after
consultation
and
deliberation.
The
signatures
of
congested
docket
and
undue
delay
in
the
adjudication
of
cases
in
the
Court,
especially
in
the
members
who
actually
took
part
in
the
deliberations
and
voted
attest
to
that.
Besides,
administrative
matters,
since
even
cases
involving
the
penalty
of
reprimand
would
require
being
a
per
curiam
decision,
or
an
opinion
of
the
Court
as
a
whole,
there
is
no
ponente
action
by
the
Court
en
banc.
This
would
subvert
the
constitutional
injunction
for
the
Court
although
any
member
of
the
Court
may
be
assigned
to
write
the
draft.
In
such
cases,
a
to
adopt
a
systematic
plan
to
expedite
the
decision
or
resolution
of
cases
or
matters
formal
certification
is
obviously
not
required.
pending
in
the
Supreme
Court
of
the
lower
courts,
9
and
the
very
purpose
of
authorizing
the
Court
to
sit
en
banc
or
in
divisions
of
three,
five
or
seven
members.
Section
14
Yet,
although
as
thus
demonstrated,
only
cases
involving
dismissal
of
judges
of
lower
courts
Nicos
Industrial
Corp.
vs.
CA
[G.R.
No.
88709,
February
11,
1992]
are
specifically
required
to
be
decided
by
the
Court
en
banc,
in
cognizance
of
the
need
for
a
thorough
and
judicious
evaluation
of
serious
charges
against
members
of
the
judiciary,
it
is
THE
CONSTITUTIONAL
REQUIREMENT
THAT
A
DECISION
MUST
STATE
CLEARLY
AND
only
when
the
penalty
imposed
does
not
exceed
suspension
of
more
than
one
year
or
a
fine
DISTINCTLY
THE
FACTS
AND
THE
LAW
ON
WHICH
IT
IS
BASED
IS
AN
ADDITIONAL
of
P10,000.00,
or
both,
that
the
administrative
matter
may
be
decided
in
division.
GUARANTEE
OF
DUE
PROCESS.
It
is
a
requirement
of
due
process
that
the
parties
to
a
litigation
be
informed
of
how
it
was
decided,
with
an
explanation
of
the
factual
and
legal
It
must
not
also
be
overlooked
that
as
early
as
February
7,
1989,
the
Court
promulgated
reasons
that
led
to
the
conclusions
of
the
court.
The
court
cannot
simply
say
that
judgment
Circular
No.
2-‐89
which
clarifies
that:
is
rendered
in
favor
of
X
and
against
Y
and
just
leave
it
at
that
without
any
justification
whatsoever
for
its
action.
The
losing
party
is
entitled
to
know
why
he
lost,
so
he
may
appeal
2. A
decision
or
resolution
of
a
Division
of
the
Court,
when
concurred
in
by
a
to
a
higher
court,
if
permitted,
should
he
believe
that
the
decision
should
be
reversed.
A
majority
of
its
members
who
actually
took
part
in
the
deliberations
on
the
decision
that
does
not
clearly
and
distinctly
state
the
facts
and
the
law
on
which
it
is
based
issues
in
a
case
and
voted
thereon,
and
in
no
case
without
the
concurrence
of
leaves
the
parties
in
the
dark
as
to
how
it
was
reached
and
is
especially
prejudicial
to
the
at
least
three
of
such
Members,
is
a
decision
or
resolution
of
the
Supreme
losing
party,
who
is
unable
to
pinpoint
the
possible
errors
of
the
court
for
review
by
a
Court
(Section
4[3],
Article
VIII,
1987
Constitution).
higher
tribunal.
That
guideline
or
rule
in
the
referral
to
the
court
en
banc
of
cases
assigned
to
a
division
In
one
case,
this
Court,
exasperated
over
the
inordinate
length
of
a
decision
rife
with
thereof
rests
on
the
same
rationale
and
applies
with
equal
force
to
confute
the
antithetical
irrelevant
details,
castigated
the
trial
judge
for
his
"extraordinary
verbiage."
Kilometric
theory
of
respondent
Judge
Eustaquio
Z.
Gacott,
Jr.
Apropos
thereto,
it
would
indeed
be
decisions
without
much
substance
must
be
avoided,
to
be
sure,
but
the
other
extreme,
desirable
for
said
respondent
to
hereafter
deal
with
situations
like
the
one
subject
of
this
where
substance
is
also
lost
in
the
wish
to
be
brief,
is
no
less
unacceptable
either.
The
ideal
resolution
with
more
perspicacity
and
circumspection.
decision
is
that
which,
with
welcome
economy
of
words,
arrives
at
the
factual
findings,
reaches
the
legal
conclusions,
renders
its
ruling
and,
having
done
so,
ends.
Section
12
In
re
Manzano
[A.M.
No.
88-‐7-‐1861-‐RTC,
October
5,
1988]
INTERLOCUTORY
ORDERS
AND
MINUTE
RESOLUTIONS
ARE
EXEMPTED
FROM
THE
ABOVE-‐MENTIONED
CONSTITUTIONAL
REQUIREMENT.
It
is
important
to
observe
at
this
Section
13
point
that
the
constitutional
provision
does
not
apply
to
interlocutory
orders,
such
as
one
Prudential
Bank
vs.
Castro
[A.C.
No.
2756,
March
15,
1988]
granting
a
motion
for
postponement
or
quashing
a
subpoena,
because
it
"refers
only
to
decisions
on
the
merits
and
not
to
orders
of
the
trial
court
resolving
incidental
matters."
As
THE
CONSTITUTIONAL
REQUIREMENT
THAT
A
DECISION
MUST
CONTAIN
A
for
the
minute
resolutions
of
this
Court,
we
have
already
observed
in
Borromeo
v.
Court
of
CERTIFICATION
THAT
THE
CASE
HAS
BEEN
REACHED
IN
CONSULTATION
DOES
NOT
Appeals
5
that
—
APPLY
TO
ADMINISTRATIVE
CASES.
The
challenge
hurled
against
this
Court's
decision
as
violative
of
the
1987
Constitution
due
to
lack
of
certification
by
the
Chief
Justice
that
the
The
Supreme
Court
disposes
of
the
bulk
of
its
cases
by
minute
conclusions
of
the
Court
were
reached
in
consultation
before
the
case
was
assigned
to
a
resolutions
and
decrees
them
as
final
and
executory,
as
where
a
case
is
member
for
the
writing
of
the
opinion
of
the
Court,
is
bereft
of
basis.
The
certification
patently
without
merit,
where
the
issues
raised
are
factual
in
nature,
requirement
refers
to
decisions
in
judicial,
not
administrative
cases.
From
the
very
where
the
decision
appealed
from
is
supported
by
substantial
evidence
beginning,
resolutions/decisions
of
the
Court
in
administrative
cases
have
not
been
and
is
in
accord
with
the
facts
of
the
case
and
the
applicable
laws,
where
accompanied
by
any
formal
certification.
In
fact,
such
a
certification
would
be
a
superfluity
it
is
clear
from
the
records
that
the
petitions
were
filed
merely
to
in
administrative
cases,
which
by
their
very
nature,
have
to
be
deliberated
upon
considering
forestall
the
early
execution
of
judgment
and
for
non-‐compliance
with
52
the
rules.
The
resolution
denying
due
course
or
dismissing
a
petition
these
provisions
have
been
held
to
refer
only
to
decisions
of
the
merits
and
not
to
orders
of
always
gives
the
legal
basis.
the
trial
court
resolving
incidental
matters
such
as
the
one
at
bar."
The
Court
is
not
duty
bound
to
render
signed
decisions
all
the
time.
It
has
It
is
thus
not
self-‐evident
that
petitioner
could
justly
lay
claim
to
a
grievance.
For
if
the
ample
discretion
to
formulate
decisions
and/or
minute
resolutions,
situation
is
subjected
to
a
searching
analysis,
it
cannot
be
denied
that
what
is
really
provided
a
legal
basis
is
given,
depending
on
its
evaluation
of
a
case.
involved
is
just
a
mere
incident
in
the
prosecution
of
petitioner.
Had
he
prevailed,
he
would
have
been
entitled
to
provisional
liberty.
Under
the
circumstances,
as
the
facts
of
the
case
DISMISSAL
ON
LACK
OF
JURISDICTION
DOES
NOT
REQUIRE
A
STATEMENT
OF
THE
FACTS
clearly
demonstrate,
with
the
plea
for
habeas
corpus
being
unavailing,
we
felt
that
a
minute
AND
THE
LAW
ON
WHICH
IT
IS
BASED,
BUT
WHEN
DISMISSAL
IS
COUPLED
WITH
OTHER
resolution
which
certainly
would
require
less
time
than
a
full-‐blown
decision,
was
not
GROUNDS
LIKE
INSUFFICIENCY
OF
EVIDENCE,
THE
COURT
MUST
COMPLY
WITH
THE
inappropriate.
Precisely,
the
leniency
shown
the
parties
to
dwell
at
length
on
their
CONSTITUTIONAL
REQUIREMENTHS.
It
may
be
argued
that
a
dismissal
based
on
lack
of
respective
contentions
should
disprove
any
suspicion
that
the
decision
arrived
at
was
jurisdiction
is
not
considered
a
judgment
on
the
merits
and
so
is
not
covered
by
the
reached
without
according
the
parties
the
fundamental
fairness
to
which
they
are
entitled
aforecited
provision.
There
is
no
quarrel
with
this
established
principle.
However,
the
rule
under
the
Constitution.
Since,
at
the
most,
the
relief
sought
by
petitioner
will
not,
in
any
would
be
applicable
only
if
the
case
is
dismissed
on
the
sole
ground
of
lack
of
jurisdiction
way,
foreclose
the
ultimate
outcome
of
the
cases
against
him
one
way
or
the
other,
we
and
not
when
some
other
additional
ground
is
invoked.
deemed
that
the
constitutional
provision
invoked
did
not
strictly
call
for
application.
In
that
sense,
a
minute
resolution
certainly
cannot
be
stigmatized
as
in
any
wise
failing
to
abide
by
A
careful
perusal
of
the
challenged
order
will
show
that
the
complaint
was
dismissed
not
a
constitutional
command.
only
for
lack
of
jurisdiction
but
also
because
of
the
insufficiency
of
the
evidence
to
prove
the
invalidity
of
the
sheriff's
sale.
Regarding
this
second
ground,
all
the
trial
court
did
was
Borromeo
vs.
CA
[G.R.
No.
82273,
June
1,
1990]
summarily
conclude
"from
the
very
evidence
adduced
by
the
plaintiff"
that
the
sheriff's
sale
"was
in
complete
accord
with
the
requirements
of
Section
3,
Act
3135."
It
did
not
bother
to
MINUTE
RESOLUTIONS
ARE
ALLOWED
BY
THE
CONSTITUTION.
The
Court
reminds
all
discuss
what
that
evidence
was
or
to
explain
why
it
believed
that
the
legal
requirements
lower
courts,
lawyers,
and
litigants
that
it
disposes
of
the
bulk
of
its
cases
by
minute
had
been
observed.
Its
conclusion
was
remarkably
threadbare.
Brevity
is
doubtless
an
resolutions
and
decrees
them
as
final
and
executory,
as
where
a
case
is
patently
without
admirable
trait,
but
it
should
not
and
cannot
be
substituted
for
substance.
As
the
ruling
on
merit,
where
the
issues
raised
are
factual
in
nature,
where
the
decision
appealed
from
is
this
second
ground
was
unquestionably
a
judgment
on
the
merits,
the
failure
to
state
the
supported
by
substantial
evidence
and
is
in
accord
with
the
facts
of
the
case
and
the
factual
and
legal
basis
thereof
was
fatal
to
the
order.
applicable
laws,
where
it
is
clear
from
the
records
that
the
petition
is
filed
merely
to
forestall
the
early
execution
of
judgment
and
for
non-‐compliance
with
the
rules.
The
Mendoza
vs.
CFI
[G.R.
No.
L-‐35612-‐14,
June
27,
1973]
resolution
denying
due
course
or
dismissing
the
petition
always
gives
the
legal
basis.
As
emphasized
in
In
Re:
Wenceslao
Laureta
(148
SCRA
382,
417
[1987],
"[T]he
Court
is
not
MINUTE
RESOLUTIONS
ARE
NOT
REQUIRED
TO
COMPLY
WITH
THE
CONSTITUTIONAL
'duty
bound'
to
render
signed
Decisions
all
the
time.
It
has
ample
discretion
to
formulate
REQUIREMENT
OF
STATEMENT
OF
FACTS
AND
LAW.
That
brings
us
to
the
point
raised
in
Decisions
and/or
Minute
Resolutions,
provided
a
legal
basis
is
given,
depending
on
its
the
motion
for
reconsideration
objecting
to
our
dismissing
the
petition
through
a
minute
evaluation
of
a
case"
(Italics
supplied).
This
is
the
only
way
whereby
it
can
act
on
all
cases
resolution.
It
is
his
contention
that
there
should
be
an
extended
decision.
As
noted
at
the
filed
before
it
and,
accordingly,
discharge
its
constitutional
functions.
The
Court
ordinarily
outset,
reliance
is
had
on
the
constitutional
provision
requiring
a
decision
by
a
court
of
acts
on
the
incidents
or
basic
merits
of
three
hundred
(300)
to
four
hundred
(400)
cases
record
to
contain
"clearly
and
distinctly
the
facts
and
the
law
on
which
it
is
based."
through
its
three
Divisions
every
Monday
and
Wednesday
when
the
Divisions
meet
and
on
According
to
a
recent
decision,
Jose
v.
Santos,
what
is
expected
of
the
judiciary
"is
that
the
one
hundred
(100)
to
one
hundred
twenty
(120)
cases
every
Tuesday
and
Thursday
that
it
decision
rendered
makes
clear
why
either
party
prevailed
under
the
applicable
law
to
the
meets
en
banc
or
around
one
thousand
(1,000)
cases
a
week.
It
is
only
on
Fridays
and
week-‐
facts
as
established.
Nor
is
there
any
rigid
formula
as
to
the
language
to
be
employed
to
ends
that
the
members
of
the
Court
work
in
their
separate
chambers
or
at
home
because
satisfy
the
requirement
of
clarity
and
distinctness.
The
discretion
of
the
particular
judge
in
the
Court
does
not
meet
in
session
—
either
in
Divisions
or
En
Banc.
this
respect,
while
not
unlimited,
is
necessarily
broad.
There
is
no
sacramental
form
of
words
which
he
must
use
upon
pain
of
being
considered
as
having
failed
to
abide
by
what
For
a
prompt
dispatch
of
actions
of
the
Court,
minute
resolutions
are
promulgated
by
the
the
Constitution
directs."
What
must
then
be
stressed
is
that
under
such
a
provision
as
held
Court
through
the
Clerk
of
Court,
who
takes
charge
of
sending
copies
thereof
to
the
parties
in
the
early
case
of
Soncuya
v.
National
Investment
Board,
the
decision
spoken
of
is
the
concerned
by
quoting
verbatim
the
resolution
issued
on
a
particular
case.
It
is
the
Clerk
of
judgment
rendered
after
the
previous
presentation
of
the
proof
in
an
ordinary
civil
or
Court's
duty
to
inform
the
parties
of
the
action
taken
on
their
cases
by
quoting
the
criminal
case
upon
a
stipulation
of
facts
upon
which
its
disposition
is
to
be
based.
In
resolution
adopted
by
the
Court.
The
Clerk
of
Court
never
participates
in
the
deliberations
Bacolod
Murcia
Milling
Co.,
Inc.
v.
Henares,
the
above
decision
was
cited
with
approval,
of
a
case.
All
decisions
and
resolutions
are
actions
of
the
Court.
The
Clerk
of
Court
merely
with
the
opinion
of
Justice
J.B.L.
Reyes
containing
the
following:
"Plaintiff-‐appellant
assigns
transmits
the
Court's
action.
This
was
explained
in
the
case
—
G.R.
No.
56280,
"Rhine
as
another
error
that
the
order
appealed
from
does
not
contain
any
statement
of
the
facts
Marketing
Corp.
v.
Felix
Gravante,
et
al.",
where,
in
a
resolution
dated
July
6,
1981,
the
Court
and
the
law
on
which
it
is
based.
Obviously,
this
is
based
on
Section
1,
Rule
35
of
the
Rules
said
—
"[M]inute
resolutions
of
this
Court
denying
or
dismissing
unmeritorious
petitions
of
Court,
and
Section
12,
Article
VIII
of
the
Constitution.
The
contention
is
untenable,
since
like
the
petition
in
the
case
at
bar,
are
the
result
of
a
thorough
deliberation
among
the
53
members
of
this
Court,
which
does
not
and
cannot
delegate
the
exercise
of
its
judicial
stating
the
legal
basis
thereof.
Thus,
when
the
Court,
after
deliberating
on
a
petition
and
functions
to
its
Clerk
of
Court
or
any
of
its
subalterns,
which
should
be
known
to
counsel.
subsequent
pleadings,
decides
to
deny
due
course
to
the
petition
and
states
that
the
When
a
petition
is
denied
or
dismissed
by
this
Court,
this
Court
sustains
the
challenged
questions
raised
"are
factual
or
there
is
no
reversible
error
in
the
respondent
court's
decision
or
order
together
with
its
findings
of
facts
and
legal
conclusions."
decision,
there
is
sufficient
compliance
with
the
constitutional
requirement.
In
G.R.
No.
76355,
Macario
Tayamura,
et
al.
v.
Intermediate
Appellate
Court,
et
al.
(May
21,
Oil
and
Natural
Gas
Commission
vs.
CA
[G.R.
No.
114323,
July
23,
1998]
1987),
the
Court
clarified
the
constitutional
requirement
that
a
decision
must
express
clearly
and
distinctly
the
facts
and
law
on
which
it
is
based
as
referring
only
to
decisions.
MEMORANDUM
DECISION
IS
ALLOWED
UNDER
THIS
JURISDICTION.
The
constitutional
Resolutions
disposing
of
petitions
fall
under
the
constitutional
provision
which
states
that,
mandate
that
no
decision
shall
be
rendered
by
any
court
without
expressing
therein
clearly
"No
petition
for
review
.
.
.
shall
be
refused
due
course
.
.
.
without
stating
the
legal
basis
and
distinctly
the
facts
and
the
law
on
which
it
is
based
does
not
preclude
the
validity
of
therefor"
(Section
14,
Article
VIII,
Constitution).
When
the
Court,
after
deliberating
on
a
"memorandum
decisions"
which
adopt
by
reference
the
findings
of
fact
and
conclusions
of
petition
and
any
subsequent
pleadings,
manifestations,
comments,
or
motions
decides
to
law
contained
in
the
decisions
of
inferior
tribunals.
In
Francisco
v.
Permskul,
this
Court
held
deny
due
course
to
the
petition
and
states
that
the
questions
raised
are
factual
or
no
that
the
following
memorandum
decision
of
the
Regional
Trial
Court
of
Makati
did
not
reversible
error
in
the
respondent
court's
decision
is
shown
or
for
some
other
legal
basis
transgress
the
requirements
of
Section
14
Article
VIII
of
the
Constitution:
stated
in
the
resolution,
there
is
sufficient
compliance
with
the
constitutional
requirement.
"MEMORANDUM
DECISION
MINUTE
RESOLUTION
DOES
NOT
NEED
TO
BE
SIGNED
BY
THE
JUSTICES
NOR
TO
CONTAIN
A
CERTIFICATION
REQUIRED
UNDER
SECTION
13,
ART
VIII.
Minute
resolutions
After
a
careful
perusal,
evaluation
and
study
of
the
records
of
this
case,
need
not
be
signed
by
the
members
of
the
Court
who
took
part
in
the
deliberations
of
a
case
this
Court
hereby
adopts
reference
the
findings
conclusions
of
law
nor
do
they
require
the
certification
of
the
Chief
Justice.
For
to
require
members
of
the
contained
in
the
decision
of
the
Metropolitan
Trial
Court
of
Makati,
Court
to
sign
all
resolutions
issued
would
not
only
unduly
delay
the
issuance
of
its
Metro
Manila,
Branch
63
and
finds
that
there
is
no
cogent
reason
to
resolutions
but
a
great
amount
of
their
time
would
be
spent
on
functions
more
properly
disturb
the
same.
performed
by
the
Clerk
of
Court
and
which
time
could
be
more
profitably
used
in
the
analysis
of
cases
and
the
formulation
of
decisions
and
orders
of
important
nature
and
"WHEREFORE,
judgment
appealed
from
is
hereby
affirmed
in
toto."
character.
Even
with
the
use
of
this
procedure,
the
Court
is
still
struggling
to
wipe
out
the
(Emphasis
supplied.)
backlogs
accumulated
over
the
years
and
meet
the
ever
increasing
number
of
cases
coming
to
it.
Remedial
legislation
to
meet
this
problem
is
also
pending
in
Congress.
This
Court
had
occasion
to
make
a
similar
pronouncement
in
the
earlier
case
of
Romero
v.
Court
of
Appeals,
where
the
assailed
decision
of
the
Court
of
Appeals
adopted
the
findings
In
discharging
its
constitutional
duties,
the
Court
needs
the
full
time
and
attention
of
its
and
disposition
of
the
Court
of
Agrarian
Relations
in
this
wise:
Clerks
of
Court
and
other
key
officials.
Its
officers
do
not
have
the
time
to
answer
frivolous
complaints
filed
by
disgruntled
litigants
questioning
decisions
and
resolutions
of
the
Court
"We
have,
therefore,
carefully
reviewed
the
evidence
and
made
a
re-‐
and
involving
cases
deliberated
upon
and
resolved
by
the
Court
itself.
As
earlier
stated,
all
assessment
of
the
same,
and
We
are
persuaded,
nay
compelled,
to
affirm
resolutions
and
decisions
are
actions
of
the
Court,
not
its
subordinate
personnel.
The
Court
the
correctness
of
the
trial
court's
factual
findings
and
the
soundness
of
assumes
full
responsibility
for
all
its
acts.
Its
personnel
cannot
answer
and
should
not
be
its
conclusion.
For
judicial
convenience
and
expediency,
therefore,
We
made
to
answer
for
acts
of
the
Court.
hereby
adopt
by
way
of
reference,
the
findings
of
facts
and
conclusions
of
the
court
a
spread
in
its
decision,
as
integral
part
of
this
Our
decision."
Komatsu
Industries
(Phils.),
Inc.
vs.
CA
[G.R.
No.
127682,
April
24,
1998]
(Emphasis
supplied)
MINUTE
RESOLUTIONS.
As
early
as
Novino,
et
al.
vs.
Court
of
Appeals,
et
al,
it
has
been
Hence,
even
in
this
jurisdiction,
incorporation
by
reference
is
allowed
if
only
to
avoid
the
stressed
that
these
"resolutions"
are
not
"decisions"
within
the
above
constitutional
cumbersome
reproduction
of
the
decision
of
the
lower
courts,
or
portions
thereof,
in
the
requirements;
they
merely
hold
that
the
petition
for
review
should
not
be
entertained
and
decision
of
the
higher
court.
This
is
particularly
true
when
the
decision
sought
to
be
even
ordinary
lawyers
have
all
this
time
so
understood
it;
and
the
petition
to
review
the
incorporated
is
a
lengthy
and
thorough
discussion
of
the
facts
and
conclusions
arrived
at,
as
decision
of
the
Court
of
Appeals
is
not
a
matter
of
right
but
of
sound
judicial
discretion,
in
this
case,
where
Award
Paper
No.
3/B-‐1
consists
of
eighteen
(18)
single
spaced
pages.
hence
there
is
no
need
to
fully
explain
the
Court's
denial
since,
for
one
thing,
the
facts
and
the
law
are
already
mentioned
in
the
Court
of
Appeals'
decision.
THE
REQUIREMENTS
UNDER
THE
CONSTITUTION
APPLY
ONLY
TO
PHILIPPINE
COURTS,
BUT
NOT
TO
FOREIGN
COURTS.
Furthermore,
the
recognition
to
be
accorded
a
foreign
This
was
reiterated
in
Que
vs.
People,
et
al.,
and
further
clarified
in
Munal
vs.
Commission
judgment
is
not
necessarily
affected
by
the
fact
that
the
procedure
in
the
courts
of
the
on
Audit,
et
al.
that
the
constitutional
mandate
is
applicable
only
in
cases
"submitted
for
country
in
which
such
judgment
was
rendered
differs
from
that
of
the
courts
of
the
country
decision,"
i.e.,
given
due
course
and
after
the
filing
of
briefs
or
memoranda
and/or
other
in
which
the
judgment
is
relied
on.
This
Court
has
held
that
matters
of
remedy
and
pleadings,
but
not
where
the
petition
is
refused
due
course,
with
the
resolution
therefor
procedure
are
governed
by
the
lex
fori
or
the
internal
law
of
the
forum.
Thus,
if
under
the
54
procedural
rules
of
the
Civil
Court
of
Dehra
Dun,
India,
a
valid
judgment
may
be
rendered
Valdez
vs.
CA
[G.R.
No.
85082,
February
25,
1991]
by
adopting
the
arbitrators
findings,
then
the
same
must
be
accorded
respect.
In
the
same
vein,
if
the
procedure
in
the
foreign
court
mandates
that
an
Order
of
the
Court
becomes
THE
DECISION
SHOULD
NOT
ONLY
MAKE
A
CONCLUSION
OF
LAW,
BUT
SHOULD
STATE
final
and
executory
upon
failure
to
pay
the
necessary
docket
fees,
then
the
courts
in
this
THE
FACTS
AND
THE
APPLICATION
OF
THE
LAW.
This
is
not
what
is
contemplated
under
jurisdiction
cannot
invalidate
the
order
of
the
foreign
court
simply
because
our
rules
the
Constitution
and
the
Rules
as
a
clear
and
distinct
statement
of
the
facts
on
the
basis
of
provide
otherwise.
which
the
decision
is
rendered.
The
foregoing
one-‐paragraph
statement
constitute
a
mere
conclusion
of
facts
and
of
law
arrived
at
by
the
trial
court
without
stating
the
facts
which
Francisco
vs.
Permskul
[G.R.
No.
81006,
May
12,
1989]
serve
as
the
basis
thereof.
Indeed
the
conclusion
of
fact
therein
that
petitioners
had
not
registered
the
sale
to
them
is
traversed
by
the
records
which
show
on
the
contrary,
REQUIREMENTS
FOR
THE
VALIDITY
OF
MEMORANDUM
DECISIONS.
It
is
clear
that
where
petitioners
earlier
registered
the
sale
to
them.
The
court
statement
in
the
decision
that
a
the
decision
of
the
appellate
court
actually
reproduces
the
findings
of
fact
or
the
party
has
proven
his
case
while
the
other
has
not,
is
not
the
findings
of
facts
contemplated
conclusions
of
law
of
the
court
below,
it
is
not
a
memorandum
decision
as
envisioned
in
the
by
the
Constitution
and
the
rules
to
be
clearly
and
distinctly
stated.
above
provision.
The
distinctive
features
of
the
memorandum
decision
are,
first,
it
is
rendered
by
an
appellate
court,
and
second,
it
incorporates
by
reference
the
findings
of
fact
Unfortunately,
the
appellate
court
overlooked
this
fatal
defect
in
the
appealed
decision.
It
or
the
conclusions
of
law
contained
in
the
decision,
order
or
ruling
under
review.
Most
merely
adopted
the
alleged
findings
of
facts
of
the
trial
court.
Although
it
made
some
likely,
the
purpose
is
to
affirm
the
decision,
although
it
is
not
impossible
that
the
approval
findings
on
how
the
deed
of
assignment
in
favor
of
respondent
Viernes
came
about,
it
is
far
of
the
findings
of
fact
by
the
lower
court
may
lead
to
a
different
conclusion
of
law
by
the
from
complete
and
is
hardly
a
substantial
compliance
with
the
mandate
aforestated.
higher
court.
At
any
rate,
the
reason
for
allowing
the
incorporation
by
reference
is
evidently
to
avoid
the
cumbersome
reproduction
of
the
decision
of
the
lower
court,
or
portions
As
it
is
now,
this
Court
has
before
it
a
challenged
decision
that
failed
to
state
clearly
and
thereof,
in
the
decision
of
the
higher
court.
The
idea
is
to
avoid
having
to
repeat
in
the
body
distinctly
the
facts
on
which
it
is
predicated.
This
Court
has
said
again
and
again
that
it
is
of
the
latter
decision
the
findings
or
conclusions
of
the
lower
court
since
they
are
being
not
a
trier
of
facts
and
that
it
relies,
on
the
factual
findings
of
the
lower
court
and
the
approved
or
adopted
anyway.
appellate
court
which
are
conclusive.
But
as
it
is,
in
this
case,
the
Court
has
to
wade
through
the
records
and
make
its
own
findings
of
facts,
rather
than
further
delay
the
disposition
of
That
same
circumstance
is
what
will
move
us
now
to
lay
down
the
following
requirement,
the
case
by
remanding
the
records
for
further
proceedings.
as
a
condition
for
the
proper
application
of
Section
40
of
B.P.
Blg.
129.
The
memorandum
decision,
to
be
valid,
cannot
incorporate
the
findings
of
fact
and
the
conclusions
of
law
of
the
lower
court
only
by
remote
reference,
which
is
to
say
that
the
challenged
decision
is
not
easily
and
immediately
available
to
the
person
reading
the
memorandum
decision.
For
the
incorporation
by
reference
to
be
allowed,
it
must
provide
for
direct
access
to
the
facts
and
the
law
being
adopted,
which
must
be
contained
in
a
statement
attached
to
the
said
decision.
In
other
words,
the
memorandum
decision
authorized
under
Section
40
of
B.P.
Blg.
129
should
actually
embody
the
findings
of
fact
and
conclusions
of
law
of
the
lower
court
in
an
annex
attached
to
and
made
an
indispensable
part
of
the
decision.
It
is
expected
that
this
requirement
will
allay
the
suspicion
that
no
study
was
made
of
the
decision
of
the
lower
court
and
that
its
decision
was
merely
affirmed
without
a
proper
examination
of
the
facts
and
the
law
on
which
it
was
based.
The
proximity
at
least
of
the
annexed
statement
should
suggest
that
such
an
examination
has
been
undertaken.
It
is,
of
course,
also
understood
that
the
decision
being
adopted
should,
to
begin
with,
comply
with
Article
VIII,
Section
14
as
no
amount
of
incorporation
or
adoption
will
rectify
its
violation.
The
Court
finds
it
necessary
to
emphasize
that
the
memorandum
decision
should
be
sparingly
used
lest
it
become
an
addictive
excuse
for
judicial
sloth.
It
is
an
additional
condition
for
its
validity
that
this
kind
of
decision
may
be
resorted
to
only
in
cases
where
the
facts
are
in
the
main
accepted
by
both
parties
or
easily
determinable
by
the
judge
and
there
are
no
doctrinal
complications
involved
that
will
require
an
extended
discussion
of
the
laws
involved.
The
memorandum
decision
may
be
employed
in
simple
litigations
only,
such
as
ordinary
collection
cases,
where
the
appeal
is
obviously
groundless
and
deserves
no
more
than
the
time
needed
to
dismiss
it.
55