Andaya, Graziella Jarumayan

Cabanlong, Joshua Manuel

Petilla, John Paulo

LEGAL FUNCTIONALISM

Functionalism is one of the sociological perspectives which consider the society more
pivotal than individuals. Functionalism sees the society as a system of interconnected parts
that work together in harmony to maintain a state of balance and social equilibrium for the
whole. Thus, common interests and needs of the people are the focus of functionalism.It
believes that different sectors and institutions in a society provides significant functions in
the society. Each sector and institution is given a task to perform for the welfare of the
society. Hence, each sector and institution plays a vital role in supplying the needs of the
members of the society.1

Aside from the importance of the State, Functionalism also talks about the social
structure which molds individual behavior. Thus, shaping individual behavior is vital in order
to maintain social order. In this perspective, individuals agree to have a set of shared norms
and values to enable them to work and cooperate with each other towards the common
goal. And these shared norms and values are influenced by Family, Religion, Education and
Crime in order to achieve social order.

Family is for the primary socialization of individuals. It is in the family where a

person starts to learn how to mingle and properly behave with others. It is where their
socialization skills primary develop- i.e. interacting with family members. Religion provides
for the collective conscience of the people. Thus, teachings of the Supreme Being
significantly influence the morals of the people. Education helps maintain society by
socializing young people into values of achievement, competition and equality of
opportunity. Crime contributes to social order because it enables the society to construct a
social consensus in distinguishing right from wrong. 2

1
Polger,T.W.(n.d.).Functionalism.Retrievedfrom:https://www.iep.utm.edu/functism/?fbclid=IwAR3hp0O
V0QRZugki7Ji8jwgc782civnznZIAYk4x80_HXf0e-77tDuL85YI
2
Trueman,C.(2015,May25).Functionalism.Retrievedfrom:https://www.historylearningsite.co.uk/sociolog
y/theories-in-
sociology/functionalism/?fbclid=IwAR2i3z8fQWtAxLcRnOMKfOIfxcnTHTRHtdx6BX73e3vzk0E6XKX4iHFEr
dI
William James (January 11, 1842 – August 26, 1910)

Born in New York, New York, United States, William James is an American
philosopher and psychologist and is famous for helping to found psychology as a formal
discipline, for establishing the school of functionalism in psychology, and for greatly
advancing the movement of pragmatism in philosophy. During his lifetime, James wrote The
Principles of Psychology (1890), The Will to Believe, and Other Essays in Popular Philosophy
(1897), The Varieties of Religious Experience (1902), Pragmatism: A New Name for Old
Ways of Thinking (1907), and other works. He is also famous for helping to found
psychology as a formal discipline, for establishing the school for functionalism in
psychology, and for greatly advancing the movement of pragmatism in philosophy.3 As a
professor of psychology and of philosophy at Harvard University, he became the most
famous living American psychologist and later the most famous living American philosopher
of his time.4

He developed functionalism to search for consciousness and behavior and considers

the theory of consciousness environmental wherein it helps people to adapt to their
environment. For example, if you are from a small town and you travel to a city you are not
familiar with, you will most likely lock your car doors and pays special attention to your
surroundings. Your consciousness is on high alert as you adapt to your surroundings. 5In
“What Makes a Life Significant,” James advocates the move towards mutual non-
interference with people who are not threatening us with violence. Tolerance of others is an
antidote to cruelty and injustice. He maintains that the trend of social evolution is in the
direction of democratic progress. Yet this trend requires effort, and its continuation poses
challenges for us, including that of striving for a more equitable distribution of wealth. His
commitments to individual freedom, mutual respect, peaceful interrelationships, and
tolerance converge to point us in the direction of progressing towards what he calls “the
intellectual republic”. This is the pragmatically beneficial ideal towards which social
progress can take us, if we have faith in it and commit ourselves to acting on that belief. 6

Functionalism is not without its limitations. Many researchers and philosophers have
countered against functionalism. According to Godfrey-Smith (2008), Putman gives two
legitimate arguments against functionalism. He claims that functionalism fails to stand on its
own and falls into the category of behaviorism. He uses the input-output association
method. What is input into the brain equals what comes on in terms of behavior. Chalmers
tries to discredit Putman’s theory, but it just ended in what amounts to be a modification of
Putman’s theory. According to Godfrey-Smith (2008), “He takes some of these arguments
to have surprising conclusions, but denies that they endanger computationalism or
functionalism about the mind.”7

3
https://www.britannica.com/biography/William-James
4
https://www.iep.utm.edu/james-o/#H7
5
https://fitness-gear-equipment.knoji.com/william-james-functionalism-theory-of-attention-
and-consciousness/
6
https://www.iep.utm.edu/james-o/#SH7c
7
https://fitness-gear-equipment.knoji.com/william-james-functionalism-theory-of-attention-
and-consciousness/
Charles Louis Baron De Mostesquie (January 18, 1689 – February 10, 1755)

One of the great political philosophers of the Enlightenment, Mostesquie, being born
in Chateau La Brede, Near Bordeaux, France, is a French Lawyer whose principal work, The
Spirit of the Laws, was a major contribution to political theory. It is aims to explain human
laws and social institutions. For him, one might expect our laws and institutions to be no
more comprehensible than any other catalog of human follies, an expectation which the
extraordinary diversity of laws adopted by different societies would seem to confirm.
Montesquieu believes that this apparent chaos is much more comprehensible than one
might think. On his view, the key to understanding different laws and social systems is to
recognize that they should be adapted to a variety of different factors, and cannot be
properly understood unless one considers them in this light. Specifically, laws should be
adapted "to the people for whom they are framed..., to the nature and principle of each
government, ... to the climate of each country, to the quality of its soil, to its situation and
extent, to the principal occupation of the natives, whether husbandmen, huntsmen or
shepherds: they should have relation to the degree of liberty which the constitution will
bear; to the religion of the inhabitants, to their inclinations, riches, numbers, commerce,
manners, and customs. In fine, they have relations to each other, as also to their origin, to
the intent of the legislator, and to the order of things on which they are established; in all of
which different lights they ought to be considered."89

Among its influential arguments were the classification of government as republics,

monarchies, or despotisms; the theory of separation of powers; and the political influences
of climate.10He used this account to explain how governments might be preserved from
corruption. He saw despotism, in particular, as a standing danger for any government not
already despotic, and argued that it could best be prevented by a system in which different
bodies exercised legislative, executive, and judicial power, and in which all those bodies
were bound by the rule of law. This theory of the separation of powers had an enormous
impact on liberal political theory, and on the framers of the constitution of the United States
of America.11

Rudolf Von Jhering (August 22, 1818–September 17, 1892)

Jhering was a German legal scholar who was called the father of sociological
jurisprudence. He taught Roman law at Giessen, Gottingen and at four other universities. In
his work, Geist des Romischen Rechts (The Spirit of the Roman Law - year 1852-65), 4 vol.,
he discussed the relation of law to social change. His more influential work was his “Law As
a Means to an End”, 2 vol., which maintained that the purpose of law was the protection of
individual and societal interests by coordination them and thus minimizing occasions for
conflict. If conflict was unavoidable, he assigned greater weight to societal interests,

8
https://www.britannica.com/biography/Montesquieu/Major-works
9
https://plato.stanford.edu/entries/montesquieu/#4
10
https://www.britannica.com/biography/Montesquieu
11
https://plato.stanford.edu/entries/montesquieu/
thereby inviting criticism that he subordinated the individual to society. 12 Legal rules are
used to resolve and harmonize, rather than provoke or exacerbate conflict.13

Jhering laid the foundation of modern sociological jurisprudence by this insistence on

treating law as one of the important factors to control the social organism .According to
him, law has a coercive character; it has only a relative value; and it has to be evaluated in
the social context.Thus he treated law as an effective instrument for the attainment of social
purpose. But the Jhering‘s legal theory has been criticised for two reasons, firstly, his theory
is that it points out only the problems and not the solutions. He say that the task of law is to
reconcile the conflicting interest but he does not say in which direction it should be done.
Secondly, some jurists have criticized his theory by saying that law protects the ‘will’ and
not ‘purpose’. According to the scholar, law is a part of human conduct and in the idea of
purpose, the mainspring of laws, which are only instruments for serving the needs of
society. The problem of the society is to reconcile selfish with unselfish purpose and to
suppress the former when they clash with the lattes. He stressed that law does not exist for
the individual as end in himself, but serves his interest with the good of society in view. Man
as a social animal stands on a superior plane to man simply as an animal. For example,
Property is both a social and individual’s rights. 14

Roscoe Pound (October 27, 1870–July 1, 1964)

Pound was an American jurist, botanist and educator, chief advocate of “sociological
jurisprudence” and a leader in the reform of court administration in the United States. After
studying botany at the University of Nebraska and law at Harvard, Pound was admitted to
the Nebraska bar, and he practiced law while also teaching at the state university. Pound
also served as commissioner of appeals for the state Supreme Court and commissioner on
uniform state laws for Nebraska. He taught at Northwestern University in Evanston, Illinois,
and at the University of Chicago, after which he went to Harvard, where he was professor of
law and dean of the law school.

On his resignation as dean, he received a “roving professorship” there and taught a

variety of subjects until his retirement. After World War II he spent some time in China
reorganizing the Nationalist Chinese judicial system. Pound’s five-volume “Jurisprudence” is
among the most comprehensive of 20th-century legal works. His theory of sociological
jurisprudence required that inherited legal codes and traditions be adjusted to reflect
contemporary social conditions. The theory may have partially inspired—and was advanced
by others as a justification of—the New Deal legislation of President Franklin D. Roosevelt in
the 1930s, which Pound nonetheless considered extreme. 15

Roscoe Pound also made a significant contribution to jurisprudence in the tradition of

sociological jurisprudence, which emphasized the importance of social relationships in the
development of law and vice versa. His best-known theory consists of conceptualising law

12
https://www.britannica.com/biography/Rudolf-von-Jhering
13
PHILAWPHIA:PHILOSOPHY AND THEORY OF PHILIPPINE LAW pg. 71
14
http://legalguidancecenter.blogspot.com/2017/12/iherings-social-interest-theory.html
15
https://www.britannica.com/biography/Roscoe-Pound
as social engineering. According to Pound, a lawmaker acts as a social engineer by
attempting to solve problems in society using law as a tool.16

Max Weber (April 21, 1864–June 14, 1920)

Weber was a German sociologist and political economist best known for his thesis of
the “Protestant ethic,” relating Protestantism to capitalism, and for his ideas on
bureaucracy. Weber’s profound influence on sociological theory stems from his demand for
objectivity in scholarship and from his analysis of the motives behind human action. 17 He
was one of the founding fathers of Sociology. Weber saw both structural and action
approaches as necessary to developing a full understanding of society and social change. In
one of his most important works “Economy and Society”, first published in the 1920s, he
said “Sociology is a science concerning itself with interpretive understanding of social action
and thereby with a causal explanation of its course and consequences.” 18

According to the scholar, a so-called "legal rational form" as a type of domination

within society, is not attributable to people but to abstract norms. He understood the body
of coherent and calculable law in terms of a rational-legal authority. Such coherent and
calculable law formed a precondition for modern political developments and the modern
bureaucratic state and developed in parallel with the growth of capitalism. Central to the
development of modern law is the formal rationalisation of law on the basis of general
procedures that are applied equally and fairly to all. Modern rationalised law is also codified
and impersonal in its application to specific cases. In general, Weber's standpoint can be
described as an external approach to law that studies the empirical characteristics of law, as
opposed to the internal perspective of the legal sciences and the moral approach of the
philosophy of law.19

Emile Durkheim (1858-1917)

Emile Durkheim is said to be the founder of Functionalism. He sees the individual as

inferior to the society because it is the society which is superior. Individuals are considered
only part of a whole, and this whole is the society. Durkheim believed that existence of
order, constraint, and control of individuals are needed to portray a society. He also
believed that Socialization plays a vital role in a dynamic society. The norms, rules, and
values created, through socialization, must be passed to the future generations to maintain

16
"Social Engineering Theory Of Roscoe Pound Free Essays 1 – 20". StudyMode.com.
17
https://www.britannica.com/biography/Max-Weber-German-sociologist
18
https://revisesociology.com/2017/01/26/max-webers-social-action-theory/
19
https://en.wikipedia.org/wiki/Sociology_of_law#cite_note-10
social stability. Durkheim theorized that we all depend on each other and our institutions
need each other in order to survive, known as Interdependence. 20

According to Durkheim, Functionalism is based around a value consensus and social

solidarity which is achieved by Socialization and Social Control or Constraint. He numerated
the two types of social solidarity- Mechanical Solidarity and Organic Solidarity. The former
speaks of people involved in similar roles. Hence, common shared norms, values and beliefs
contribute to these roles. These norms help in molding and guiding the behavior of
individuals in a society. Thus, these common shared norms are considered as social
agreement or social contract which is to be followed by individuals to maintain social order.
The latter type speaks of division of labor. Durkheim argued that as a society develops,
division of labor transpires. This is when work becomes separate from home. In this case,
the State acts as parents of the society. Thus, the State organizes education, health care,
housing, and criminal justice system of the society. Hence, the State will be considered as
the teacher, doctor, jury and parents of the society.21

The following are Durkheim’s Key Ideas about Crime:

a. A limited amount of crime is necessary

Since the individuals are vulnerable to different influences and circumstances, not every
member of society can be equally committed to the collective sentiments which are the
shared values and moral beliefs of society. Durkheim argues that even if a society is
populated by perfect individuals, deviance would still exist. It is because the general
standards of behavior would be so high that even a slightest mistake would be considered
as serious offense. For example, simply showing of bad taste, or was merely impolite, would
be considered a grave offense. Durkheim contended that all social change begins with some
form of deviance. Thus, yesterday’s deviance becomes today’s norm.

b. Crimes perform positive functions.

Durkheim enumerated three positive functions of crime. First is Social Regulation- for
everytime police authorities arrest an individual, they reaffirm the boundaries of acceptable
behavior by showing that the act done by the arrested individual is unacceptable that is why
he needs to be arrested. In this case, actions of the people are being regulated by showing
them an example of unacceptable behavior which must not be done.

20
Essays, UK. (November 2013). Functionalism, Emile Durkheim 1858-1917. Retrieved
from:https://www.ukessays.com/essays/sociology/functionislm-emile-durkheim-1858-1917-sociology-
essay.php?vref=1
21
Essays, UK. (November 2013). Functionalism, Emile Durkheim 1858-1917. Retrieved
from:https://www.ukessays.com/essays/sociology/functionislm-emile-durkheim-1858-1917-sociology-
essay.php?vref=1
Second is that it strengthens Social Integration or Social Cohesion. In the commission of
heinous crimes, the whole community unite in the outrage and their sense of belonging in
the community is strengthened.

Third is Social Change. An act performed by criminals provides a constant test of the
boundaries of permitted action. It is observed in order to know whether legal reform is
already necessary. When the law is already in conflict with the feelings and values of
majority, legal reform takes place. Criminals helps in determining the interest of the
population and legitimizing social change.

c. Too much crime is bad for society and can help bring about its collapse.

Durkheim talks about crimes in general terms. He claimed that crime is necessary and
functional, but failed to make distinctions between the types of crimes. He proposed that
the criminal justice system is beneficial to everyone in a society for it punishes criminals and
reinforces acceptable boundaries of behavior. 22

Talcott Parsons (1902-1979)

Talcott Parsons was an American sociologist of the classical tradition, best known for
his social action theory and structural functionalism. Parsons is considered one of the most
influential figures in sociology in the 20th century.

Some of Parsons' largest contributions to sociology in the English-speaking world

were his translations of Max Weber’s work and his analyses of works by Weber, Emile
Durkheim, and Vilfredo Pareto. Their work heavily influenced Parsons' view and is very
evident on his social action theory. He viewed voluntarist action (voluntarism) being
constrained by cultural values and social structures. These cultural values and social
structures restrict individual choices and ultimately determine all social actions. These
values are used as standards of right acts in order to maintain social order.

Parsons asserted that we should see society as a system known as the Organic
Analogy. He said that society is composed of social structures which are interconnected and
dependent on each other. He associated society with the human body saying that
institutions in a society are analogous to organs in the body which performs specific
functions. He contended that just like the organs in the body, institutions in the society has
unique function and these organs essentially work together harmoniously. Thus, these
functions are essential to the maintenance of the whole. He contended that just like the
organs in the human body, parts of the society should be understood with reference to what
they have contributed to the maintenance of the whole. Functionalists view change as
evolutionary where a change in one part of society will eventually cause change on the
other. Social ills such as crime and deviance have negative effects on society and
progressively affects other parts of the society. Value consensus caused the interconnection
between the various parts of society. Parsons believes that as society changes, it develops

22
Mooney, Knox, and Schacht, 2007. Understanding Social Problems, 5th edition.The Functionalist Perspective on
Crime and Deviance – ReviseSociology. (2017, May
21).Retrievedfrom:https://revisesociology.com/2016/04/03/functionalist-explanations-of-
deviance/?fbclid=IwAR3aJEVWjxK8qtRL9l3eZmElrijmTZUFcWx4P-eOQItqjLluVv4yoip98Ws
and the pattern variables within it will become more complex. Parsons supposed that
societies had certain functional prerequisites which need to be fulfilled in order for a society
to survive. As human beings need certain things to survive, so as every society also need to
have certain things in order to function properly. For example, a society must produce and
distribute resources such as food and shelter. 23

According to Parsons a social system has four needs which must be fulfilled for
continued survival. These are adaptation, goal attainment, integration and latency. In
advanced industrial society, these needs are met through specialized sub systems like the
work place- to produce goods and services; schools, to achieve value consensus by teaching
people the difference between right and wrong; courts, in order to resolve differences of
opinion, deal with conflict, and punish deviants; and the family, to reproduce and socialize
the next generation so society can carry on. 24

Robert Merton (1910-2003)

Robert Merton was an American sociologist. He is a founding father of modern

sociology while also gaining a status for the work he contributed to criminology. Merton
established notable concepts such as “unintended consequences”, the “reference group”,
and “role strain”, However, he is best known for the terms “role model”, and “self-fulfilling
prophecy”. Self-fulfilling prophecy is one type of process wherein a belief or expectation
affects the outcome of a situation or the way a person or group will behave. As Merton
defined self-fulfilling prophecy, “it is, in the beginning, a false definition of the situation
evoking a new behavior, which makes the originally false conception come true.” 25

Merton's contribution to sociology plays great importance with reference to the

functional perspective of society. Merton and other functionalists viewed society as an
organism with various parts, and each part has a function to perform. He recognized that
some functions were intentional and other functions were not. Some of these are obvious,
and others are not-so-obvious. He also acknowledged that some functions actually disrupted
society. These functions are known as the manifest and latent functions and dysfunctions.
In regards to manifest and latent functions, he distinguished between the two by stating
that the recognized and intended functions were the manifest functions and the
unrecognized and unintended functions were the latent functions. Also, he added that in
distinguishing between manifest and latent functions one must dig to discover latent
functions. His example from his 1949 piece, "Manifest and Latent Functions", was an
analysis of political machines. Merton began by describing the negative consequences of
political machines, and then changed the angle and demonstrated how the people in charge

23
Functionalism- An Introduction – ReviseSociology. (2017, July 03). Retrieved
from:https://revisesociology.com/2016/09/01/functionalism

24
Functionalism- An Introduction – ReviseSociology. (2017, July 03). Retrieved
from:https://revisesociology.com/2016/09/01/functionalism-sociology/

25
Johnson,B. (n.d.).RobertK. Merton:Theories and Functionalism. Retrieved
from:https://study.com/academy/lesson/robert-k-merton-theories-and-functionalism.html
of the machines, acting in their own interest, were meeting the social needs not met by
government institutions.

The perspective of a functionalist states that society is a complex system whose

parts work together to promote the survival of society and its stability. The parts, or the
structures, of society, such as the education system, criminal justice system, and economic
system, all have a function, or a job, to perform. When all parts are performing their
functions correctly, society as a whole run smoothly. However, have one part not
functioning correctly, and there will be an adverse reaction to society which leads to
Merton’s emphasis on the existence of dysfunctions. He elaborates on his three main issues
or flaws with functionalism, which he labels postulates. His identified faults are distinguished
as: the postulate of the functional unity of society, the postulate of universal functionalism,
and the postulate of indispensability.

The postulate of the functional unity of society refers to the misunderstanding that
societies are functional and harmonious unions. Merton points out that not all societies are
happy and well-integrated, where the people function well together and all involved prosper.
He cites examples, such as civil wars, African-Americans in the 1950s and South African
blacks during the apartheid regime as instances where societies were not necessarily
functional for all people. However, the postulate of universal functionalism disproves the
idea that not all ideals work for everyone in a society. Merton believes that some things may
have consequences that are generally dysfunctional or which are dysfunctional for some and
functional for others. And lastly, the postulate of indispensability challenges the social
function for customs, ideals, or institutions as a whole. Merton raises the question and
doubt of whether every social institution performs a specific function. He believes that
several institutions can provide the same function or none at all, so it is impossible to
decipher what functions are vital or not to a society.

A theory on social strain was also developed by Merton. The theory states that social
structures may pressure citizens to commit crimes. Strain may be structural, which refers to
the processes at the societal level that filter down and affect how the individual perceives
his or her needs. Strain may also be individual, which refers to the frictions and pains
experienced by an individual as he or she looks for ways to satisfy individual needs. These
types of strain can insinuate social structures within society that then pressure citizens to
become criminals.

In his discussion of deviance, Merton proposed a typology of deviant behavior that

illustrated the possible discrepancies between culturally defined goals and the
institutionalized means available to achieve these goals. A typology is a classification
scheme designed to facilitate understanding. In this case, Merton was proposing a typology
of deviance based upon two criteria: (1) a person’s motivations or her adherence to cultural
goals; (2) a person’s belief in how to attain his goals.

According to Merton, there are five types of deviance based upon these criteria:
conformity, innovation, ritualism, retreatism and rebellion. Conformity involves the
acceptance of the cultural goals and means of attaining those goals. Innovation involves the
acceptance of the goals of a culture but the rejection of the traditional and/or legitimate
means of attaining those goals. For example, a member of the Mafia values wealth but
employs alternative means of attaining his wealth; in this example, the Mafia member’s
means would be deviant. Ritualism involves the rejection of cultural goals but the routinized
acceptance of the means for achieving the goals. Retreatism involves the rejection of both
the cultural goals and the traditional means of achieving those goals. Rebellion is a special
case wherein the individual rejects both the cultural goals and traditional means of
achieving them but actively attempts to replace both elements of the society with different
goals and means.

What makes Merton’s typology so fascinating is that people can turn to deviance in
the pursuit of widely accepted social values and goals. For instance, individuals in the U.S.
who sell illegal drugs have rejected the culturally acceptable means of making money, but
still share the widely accepted cultural value in the U.S. of making money. Thus, deviance
can be the result of accepting one norm, but breaking another in order to pursue the first.
In this sense, according social strain theory, social values actually produce deviance in two
ways. First, an actor can reject social values and therefore become deviant. Additionally, an
actor can accept social values but use deviant means to realize them. Critics point to the
fact that there is an ample amount of crime or delinquent behavior that is “non-utilitarian,
malicious, and negativistic” (O’Grady, 2011), which highlights that not all crimes are
explicable using Merton’s theory. Crimes such as vandalism, for example, can’t be explained
by a need for material acquisition.26

26
Johnson,B. (n.d.).RobertK. Merton:Theories and Functionalism. Retrieved
from:https://study.com/academy/lesson/robert-k-merton-theories-and-functionalism.html
CASES:

DIOCESE OF BACOLOD VS COMELEC

G.R. No 205728; January 21, 2015

Leonen, J.

Facts:

On February 21, 2013, petitioners posted two tarpaulins within the private compound
housing of the San Sebastian Cathedral of Bacolod. The first tarpaulin contains the message
“IBASURA RH LAW” while the other contains the list of candidates of the 2013 senatorial
election where their names are indicated in the list of either “Team Buhay” or “Team Patay”.
The second tarpaulin is the subject of the case at bar. On February 22, 2013, the
respondent (COMELEC), through Atty. Majarucon, issued a Notice to Remove Campaign
Materials to the petitioner for being oversized pursuant to COMELEC Resolution No. 9615
which provides for the size requirement of two feet by three feet. Petitioners replied
requesting, among others, that petitioner Bishop be given a definite ruling by the COMELEC
Law Department regarding the tarpaulin and pending this opinion and the availment of legal
remedies, the tarpaulin be allowed to remain. However, on February 27, 2013, COMELEC
Law Department issued a letter ordering the immediate removal of the tarpaulin; otherwise,
it will be constrained to file an election offense against the petitioner. Because of their
imminent threat for their exercise of free speech, petitioner initiated this case through this
petition for certiorari and prohibition with application for preliminary injunction and
temporary restraining order where it is subsequently granted. They alleged that the orders
of respondents are unconstitutional and void since it infringes their constitutional right to
the exercise of free speech. On the other hand, respondent filed their comment arguing that
(1) a petition for certiorari and prohibition under Rule 65 of the Rules of Court filed before
this court is not the proper remedy to question the notice and letter of respondents; and (2)
the tarpaulin is an election propaganda subject to regulation by COMELEC pursuant to its
mandate under Article IX-C, Section 4 of the Constitution. Hence, respondents claim that
the issuances ordering its removal for being oversized are valid and constitutional.

ISSUE:

Whether or not the COMELEC has the competence to limit expressions made by the
citizens, who are not candidates, during election.

RULING:

No.

The Supreme Court ruled that the COMELEC had no legal basis to regulate
expressions made by private citizens. Respondents cite the Constitution, laws, and
jurisprudence to support their position that they had the power to regulate the tarpaulin.
However, all of these provisions pertain to candidates and political parties. Petitioners are
not candidates. Neither do theybelong to any political party. COMELEC does not have the
authority to regulate the enjoyment of the preferred right to freedom of expression
exercised by a non-candidate in this case. The Supreme Court also held that every citizen’s
expression with political consequences enjoys a high degree of protection. While the
tarpaulin may influence the success or failure of the named candidates and political parties,
this does not necessarily mean it is election propaganda. The tarpaulin was not paid for or
posted “in return for consideration” by any candidate, political party, or party-list group.By
interpreting the law, it is clear that personal opinions are not included, while sponsored
messages are covered.

RELEVANCE TO THE THEORY OF LEGAL FUNCTIONALISM

Legal functionalism explains and analyzes the law based on the functions that law
and legal rules serves for society , the branches of government, interest groups, and
other legal actors.27 In this case, legal functionalism was applied in order for the Supreme
Court to weigh in to the interest of both the said petitioner and respondent. For the side of
the petitioner, its only concern is their right to the exercise of free speech. On the other
hand, the respondent’s interest is to ensure that all candidates are given an equal chance to
media coverage and thereby be equally perceived as giving real life to the candidates’ right
of free expression rather than being viewed as an undue restriction of that freedom. As laid
down by Justice Leonen in this case, the present petition does not involve a dispute between
the rich and poor, or the powerful and weak, on their equal opportunities for media
coverage of candidates and their right to freedom of expression. This case concerns the
right of petitioners, who are non-candidates, to post the tarpaulin in their private property,
asan exercise of their right of free expression.

The Court, in this case, ruled in favor of the petitioner since the orders of Atty.
Majarucon clearly infringes their right to exercise free speech and express their opinion on
topics that are impressed with public interest such as political opinion. It must be noted that
every citizen’s expression with political consequences enjoys a high degree of protection.
Furthermore, the Court, in this case, laid down several theories and schools of thought that
strengthen the need to protect the basic right to freedom of expression. First, it relates to
the right of the people to participate in public affairs, including the right to criticize
government action. Second, free speech should be encouraged under the concept of a
market place of ideas. Third, free speech involves self-expression that enhances human
dignity. Fourth, expression is a marker for group identity. Fifth, the Bill of Rights, free
speech included, is supposed to “protect individuals and minorities against majoritarian
abuses perpetrated through the framework of democratic governance.” And lastly, free
speech must be protected under the safety valve theory. These theories justify the need of
the State to protect the interest of the petitioner in the given case.

https://ballotpedia.org/Functionalism_(law)
27
SAMAHAN NG MGA PROGRESIBONG KABATAAN (SPARK) vs QUEZON CITY

G.R. No. 225442; August 08, 2017

PERLAS-BERNABE, J.

FACTS:

Following the campaign of President Rodrigo RoaDuterte to implement a nationwide

curfew for minors, several local governments in Metro Manila started to strictly implement
their curfew ordinances on minors through police operations which were publicly known as
part of “OplanRody.” Among those local governments that implemented curfew ordinances
were the respondents: (a) Navotas City; (b) City of Manila; and (c) Quezon City. Petitioners,
spearheaded by the Samahan ng mgaProgresibongKabataan (SPARK)-an association of
young adults and minors that aims to forward a free and just society, in particular the
protection of the rights and welfare of the youth and minors, filed a petition, arguing that
the Curfew Ordinances are unconstitutional because they: (a) result in arbitrary and
discriminatory enforcement, and thus, fall under the void for vagueness doctrine; (b) suffer
from overbreadth by proscribing or impairing legitimate activities of minors during curfew
hours; (c) deprive minors of the right to liberty and the right to travel without substantive
due process; and (d) deprive parents of their natural and primary right in rearing the youth
without substantive due process.

In addition, petitioners assert that the Manila Ordinance contravenes RA 9344, as

amended by RA 10630.More specifically, petitioners posit that the Curfew Ordinances
encourage arbitrary and discriminatory enforcement as there are no clear provisions or
detailed standards on how law enforcers should apprehend and properly determine the age
of the alleged curfew violators.

They further argue that the law enforcer's apprehension depends only on his physical
assessment, and, thus, subjective and based only on the law enforcer's visual assessment
of the alleged curfew violator.

While petitioners recognize that the Curfew Ordinances contain provisions indicating
the activities exempted from the operation of the imposed curfews, i.e., exemption of
working students or students with evening class, they contend that the lists of exemptions
do not cover the range and breadth of legitimate activities or reasons as to why minors
would be out at night, and, hence, proscribe or impair the legitimate activities of minors
during curfew hours.

Petitioners likewise proffer that the Curfew Ordinances: (a) are unconstitutional as
they deprive minors of the right to liberty and the right to travel without substantive due
process;and (b) fail to pass the strict scrutiny test, for not being narrowly tailored and for
employing means that bear no reasonable relation to their purpose.17 They argue that the
prohibition of minors on streets during curfew hours will not per se protect and promote the
social and moral welfare of children of the community.

ISSUE:

Whether or not the Curfew Ordinances are unconstitutional.

RULING:

Partly granted.

The Supreme Court ruled that Quezon City ordinance is valid while the Navotas and
Manila is unconstitutional. In this case, the so-called “Strict Scrutiny Test” was applied. In
this test, the government has the burden of proving that the classification is necessary to
achieve a compelling state interest and it provides for the least restrictive means to protect
such interest or the means chosen is narrowly tailored to accomplish the interest.

After the thorough evaluation of the ordinances’ respective provisions, the Supreme
Court finds that only the Quezon City Ordinance meets the above-mentioned requirement,
while the Manila and Navotas Ordinances do not. The Court observes that these two
ordinances are not narrowly drawn in that their exceptions are inadequate and therefore,
run the risk of overly restricting the minors' fundamental freedoms. To be fair, both
ordinances protect the rights to education, to gainful employment, and to travel at night
from school or work.However, even with those safeguards, the Navotas Ordinance and, to a
greater extent, the Manila Ordinance still do not account for the reasonable exercise of the
minors' rights of association, free exercise of religion, rights to peaceably assemble, and of
free expression, among others.The exceptions under the Manila Ordinance are too limited,
and thus, unduly trample upon protected liberties.

In sum, while the Court finds that all three Curfew Ordinances have passed the first
prong of the strict scrutiny test - that is, that the State has sufficiently shown a compelling
interest to promote juvenile safety and prevent juvenile crime in the concerned localities,
only the Quezon City Ordinance has passed the second prong of the strict scrutiny test, as it
is the only issuance out of the three which provides for the least restrictive means to
achieve this interest. In particular, the Quezon City Ordinance provides for adequate
exceptions that enable minors to freely exercise their fundamental rights during the
prescribed curfew hours, and therefore, narrowly drawn to achieve the State's purpose.

RELEVANCE TO THE THEORY OF LEGAL FUNCTIONALISM

Again, the case presents an effective application of Legal Functionalism as we are

confronted with conflicting interests/rights of a particular class of persons (minors) and on
the other hand, the local governments (Quezon City, Navotas City, and the City of Manila).
The petitioners assailed the constitutionality of the said ordinances as it infringes, among
others, their right to Travel and the right of Parents to Rear their Children.

With respect to the right to Travel, the Court recognizes that minors do possess and
enjoy constitutional rights. The restrictions set by the Curfew Ordinances that apply solely
to minors are likewise constitutionally permissible. However, it must be noted that the
exercise of these rights is not co-extensive as those of adults. As perfectly laid down by the
Supreme Court, the Constitutional rights enjoyed by minors are always subject to the
authority or custody of another, such as their parents, guardians, and the State, based on
the doctrine of ParensPatriae. In addition, the State may impose limitations on the minors’
exercise of such rights even though these limitations do not generally apply to adults. Grave
and overriding considerations of public interest justify restrictions even if made against
fundamental rights. With respect to the right of the Parents to Rear their Children, it must
be stressed that pursuant to the doctrine of ParensPatriae, the State has the inherent right
and duty to aid parents in the moral development of their children, and, thus, assumes a
supporting role for parents to fulfill their parental obligations.
 Given the circumstances, functionalism plays a vital role in this case since being a
case of first impression, the respective interest of both parties are observed by the Court in
order the come up with a conclusion that would cater each and everyone’s differences. The
Court gave more emphasis on the need of the State to fulfill its duty to preserve the public
welfare of the people, especially the minors.
SERENO vs COMMITTEE ON TRADE AND RELATED MATTERS OF THE N.E.D.A.

G.R. No. 175210; February 1, 2016

BERSAMIN, J.

Facts:

On May 23, 2005, the CTRM held a meeting in which it resolved to recommend to
President Gloria Macapagal-Arroyo the lifting of the suspension of the tariff reduction
schedule on petrochemicals and certain plastic products, thereby reducing the Common
Effective Preferential Tariff (CEPT) rates on products covered by Executive Order (E.O.) No.
161 from 7% or 10% to 5% starting July 2005.On June 9, 2005, Wilfredo A. Paras (Paras),
then the Chairman of the Association of Petrochemical Manufacturers of the Philippines
(APMP), the main industry association in the petrochemical sector, wrote to the CTRM
Secretariat, through its Director Brenda Mendoza (Director Mendoza), to request a copy of
the minutes of the meeting held on May 23, 2005.

Director Mendoza denied the request but provided Paras with the action taken of the
CTRM. The CTRM, again through Director Mendoza, sent a second letter dated August 31,
2005 as a response to the series of letter-requests from the APMP, stating that such
minutes that are being demanded are under the application section 3 (c) of the IRR of
Republic Act 6713 which pertains to the limitation as to closed-door cabinet meetings.

The APMP sent another letter-request dated October 27, 2005 to the CTRM through
Director Mendoza reminding about the legal implications of the refusal to furnish copies of
the minutes as in violation of the petitioner's Constitutional right of access to information on
matters of public concern. However, the CTRM continued to refuse access to the documents
sought by the APMP. As a result, the petitioner prompted to bring the petition for
mandamus in the RTC to compel the CTRM to provide the copy of the minutes and to grant
access to the minutes.

The APMP, through Paras and Concepcion I. Tanglao, respectively its Chairman and
President at the time, sent lettersto the Office of the President (OP), stating the reasons
why the recommendation of the CTRM should be rejected, but the OP did not respond to the
letters.

Thereafter, the petitioner filed an Urgent Motion for the Issuance of a Writ of
Preliminary Mandatory Injunction to which the respondent filed its Opposition dated January
26, 2006 and Motion to Dismiss. Meanwhile President Arroyo signed Executive Order No.
486, lifting the suspension of the tariff reduction on petrochemical resins and other plastic
products under the ASEAN Free Trade Area - Common Effective Preferential Tariff (AFTA-
CEPT) Scheme.

Subsequently, the Regional Trial Court denied the motion of the petitioners and
dismissing the petition for mandamus for lack of merit.

ISSUE:

Whether or not the CTRM may be compelled by mandamus to furnish the petitioner
with a copy of the minutes of the meeting based on the constitutional right to information
on matters of public concern and the State’s policy of full public disclosure.
RULING:

No.

The constitutional guarantee to information does not open every door to any and all
information, but is rather confined to matters of public concern. It is subject to such
limitations as may be provided by law. The State's policy of full public disclosure is
restricted to transactions involving public interest, and is tempered by reasonable conditions
prescribed by law. The Supreme Court ruled that in a democratic society like ours, the free
exchange of information is necessary, and can be possible only if the people are provided
the proper information on matters that affect them. But the people's right to information is
not absolute.Two requisites must concur before the right to information may be compelled
by writ of mandamus. Firstly, the information sought must be in relation to matters of public
concern or public interest. And, secondly, it must not be exempt by law from the operation
of the constitutional guarantee.

As to the first requisite, the petitioner is correct in saying that such minutes is one of
public interest. The Court relied on the fact that the Philippine petrochemical industry
centers on the manufacture of plastic and other related materials, and provides essential
input requirements for the agricultural and industrial sectors of the country. Thus, the
position of the petrochemical industry as an essential contributor to the overall growth of
our country's economy easily makes the information sought a matter of public concern or
interest. However, the said assertion of the petitioner did not pass the second requisite
because the Court has already declared that the constitutional guarantee of the people's
right to information does not cover national security matters and intelligence information,
trade secrets and banking transactions and criminal matters.Equally excluded from
coverage of the constitutional guarantee are diplomatic correspondence, closed-door
Cabinet meeting and executive sessions of either house of Congress, as well as the internal
deliberations of the Supreme Court.The respondents are correct. It is always necessary,
given the highly important and complex powers to fix tariff rates vested in the President,31
that the recommendations submitted for the President's consideration be well-thought out
and well-deliberated.

RELEVANCE TO THE THEORY OF LEGAL FUNCTIONALISM

The words of the former Chief Justice Bersamin in this case already implies the
application of Legal Functionalism. He states that “In case of conflict, there is a need to
strike a balance between the right of the people and the interest of the Government to be
protected. Here, the need to ensure the protection of the privilege of non-disclosure is
necessary to allow the free exchange of ideas among Government officials as well as to
guarantee the well-considered recommendation free from interference of the inquisitive
public.” In this particular case, the Supreme Court recognizes both the right of the people
and the interest of the Government to be protected.

In the long line of cases decided by the Supreme Court, it is well-settled that the
right of access to information on matters of public concern enunciated in Section 7 of Article
III of the 1987 Constitution is not absolute. It excludes other matters that the State has a
duty to protect.
SECRETARY OF JUSTICE VS HON. RALPH LANTION

G.R. NO. 139465; JANUARY 18, 2000

MELO, J.

FACTS:

This is a petition for review of a decision of the Manila Regional Trial Court (RTC). The
Department of Justice received a request from the Department of Foreign Affairs for the
extradition of respondent Mark Jimenez to the U.S. The Grand Jury Indictment. The warrant
for his arrest and other supporting documents for said extradition were attached along with
the request. Charges include:

1. Conspiracy to commit offense or to defraud the United States of America

2. Attempt to evade or defeat tax
3. Fraud by wire, radio, or television
4. False statement or entries
5. Election contribution in name of another

The Department of Justice, through a designated panel proceeded with the technical
evaluation and assessment of the extradition treaty which they found having matters
needed to be addressed. Respondent, then requested for copies of all the documents
included in the extradition request and for him to be given ample time to assess it. The
Secretary of Justice denied request on the following grounds:

1. He found it premature to secure him copies prior to the completion of the evaluation.
At that point in time, the DOJ is in the process of evaluating whether the procedures
and requirements under the relevant law (PD 1069 Philippine Extradition Law) and
treaty (Republic of the Pilippines-United States of America Extradition Treaty) have
been complied with by the Requesting Government. Evaluation by the DOJ of the
documents is not a preliminary investigation like in criminal cases making the
constitutionally guaranteed rights of the accused in criminal prosecution inapplicable.
2. The U.S. requested for the prevention of unauthorized disclosure of the information
in the documents.
3. The department is not in position to hold in abeyance proceedings in connection with
an extradition request, as Philippines is bound to Vienna Convention on law of
treaties such that every treaty in force is binding upon the parties.

Mark Jimenez then filed a petition against the Secretary of Justice. RTC presiding Judge
Lantion favored Jimenez. Secretary of Justice was made to issue a copy of the requested
papers, as well as conducting further proceedings. Thus, this petition is now at bar.
Issue:

Whether respondent’s entitlement to notice and hearing during the evaluation stage of the
proceedings constitute a breach of the legal duties of the Philippine Government under the
Republic of the Philippines-US Extradition Treaty.

Held:

No.

The human rights of a person, Filipino or foreigner, and the rights of the accused
guaranteed in our Constitution should take precedence over treaty rights claimed by a
contracting state. The duties of the government to the individual deserve preferential
consideration when they collide with its treaty obligations to the government of another
state. This is so although we recognize treaties as a source of binding obligations under
generally accepted principles of international law incorporated in our Constitution as part of
the law of the land.

RELEVANCE TO THE THEORY OF LEGAL FUNCTIONALISM

This case shows the application of Legal Functionalism as two conflicting school of
thoughts arose. The application of the rights of a person guaranteed under Philippine
Constitution and the Republic of the Philippines-United States of America Extradition Treaty.

It is true that the Philippines recognizes treaties under the generally accepted
principles of international law incorporated in our Constitution as part of the law of the land,
however, the rights of a person, either a Filipino or an alien, is superior over treaty rights of
a contracting state. Legal functionalism serves to settle conflicting interests where
overlapping and competing values and demands among individuals or institutions arise. It is
used to recognize the rights and interests of marginal groups, mainly the bill of rights of the
underprivileged over the power wielded by the state. Hence, the treaty entered into by the
Philippines and the United States of America with regard to Extradition Treaty is inferior to
the rights of a person guaranteed by the Philippine Constitution.
IMASEN PHILIPPINE MANUFACTURING CORPORATION vs RAMONCHITO T. ALCON
AND JOANN S. PAPA

G.R. No. 194884, October 22, 2014

BRION, J.

FACTS:

Petitioner Imasen Philippine Manufacturing Corporation is a domestic corporation

engaged in the manufacture of auto seat-recliners and slide-adjusters. It hired the
respondents as manual welders in 2001.

On October 5, 2002, the respondents reported for work on the second shift – from
8:00 pm to 5:00 am of the following day. At around 12:40 am, Cyrus A. Altiche, Imasen’s
security guard on duty, went to patrol and inspect the production plant’s premises. When
Altiche reached Imasen’s Press Area, he heard the sound of a running industrial fan.
Intending to turn the fan off, he followed the sound that led him to the plant’s “Tool and
Die” section.

At the “Tool and Die” section, Altiche saw the respondents having sexual intercourse
on the floor, using a piece of carton as mattress. Altiche immediately went back to the
guard house and relayed what he saw to Danilo S. Ogana, another security guard on duty.

Respondent’s defense: they claimed that they were merely sleeping in the “Tool and
Die” section at the time of the incident. They also claimed that other employees were near
the area, making the commission of the act charged impossible.

Both LA and NLRC held that the dismissal was valid. CA however nullified NLRC’s
decision and held that sexual intercourse inside company premises is not serious
misconduct. According to the appellate court, the respondents' act, while provoked by
"reckless passion in an inviting environment and time," was not done with wrongful intent or
with the grave or aggravated character that the law requires. To the CA, the penalty of
dismissal is not commensurate to the respondents' act, considering especially that the
respondents had not committed any infraction in the past.

ISSUE:

Whether the respondents’ infraction – engaging in sexual intercourse inside company

premises during work hours – amounts to serious misconduct justifying their dismissal.

HELD:

Yes.

Sexual acts and intimacies between two consenting adults belong, as a principled
ideal, to the realm of purely private relations. Whether aroused by lust or inflamed by
sincere affection, sexual acts should be carried out at such place, time and circumstance
that, by the generally accepted norms of conduct, will not offend public decency nor disturb
the generally held or accepted social morals. Under these parameters, sexual acts between
two consenting adults do not have a place in the work environment.

Indisputably, the respondents engaged in sexual intercourse inside company

premises and during work hours. These circumstances, by themselves, are already
punishable misconduct. Added to these considerations, however, is the implication that the
respondents did not only disregard company rules but flaunted their disregard in a manner
that could reflect adversely on the status of ethics and morality in the company.

Additionally, the respondents engaged in sexual intercourse in an area where co-

employees or other company personnel have ready and available access. The respondents
likewise committed their act at a time when the employees were expected to be and had, in
fact, been at their respective posts, and when they themselves were supposed to be, as all
other employees had in fact been, working.

The Court also considered the respondents’ misconduct to be of grave and

aggravated character so that the company was justified in imposing the highest penalty
available ― dismissal.

Their infraction transgressed the bounds of socially and morally accepted human
public behavior, and at the same time showed brazen disregard for the respect that their
employer expected of them as employees. By their misconduct, the respondents, in effect,
issued an open invitation for others to commit the same infraction, with like disregard for
their employer’s rules, for the respect owed to their employer, and for their co-employees’
sensitivities.

RELEVANCE TO THE THEORY OF LEGAL FUNCTIONALISM

According to Justice Brion, dismissal situations (on the ground of serious misconduct)
involving sexual acts, particularly sexual intercourse committed by employees inside
company premises and during work hours, are not usual violations and are not found in
abundance under jurisprudence. The ponente applied the theory of Legal Functionalism
through the application of principles to the totality of the circumstances that surrounded the
petitioners’ dismissal. The act of the petitioners were analyzed and understood within the
context of the overall circumstances of the case.

The ponente stated that sexual acts and intimacies between two consenting adults
belong, as a principled ideal, to the realm of purely private relations. Whether aroused by
lust or inflamed by sincere affection, sexual acts should be carried out at such place, time
and circumstance that, by the generally accepted norms of conduct, will not offend public
decency nor disturb the generally held or accepted social morals. Under these parameters,
sexual acts between two consenting adults do not have a place in the work environment.

Their infraction transgressed the bounds of socially and morally accepted human
public behavior, and at the same time showed brazen disregard for the respect that their
employer expected of them as employees. By their misconduct, the respondents, in effect,
issued an open invitation for others to commit the same infraction, with like disregard for
their employer's rules, for the respect owed to their employer, and for their co-employees'
sensitivities. Taken together, these considerations reveal a depraved disposition that the
Court cannot but consider as a valid cause for dismissal.

Hence, the court ruled that balancing between the respondents' tenurial rights and
the petitioner's interests - the need to defend their management prerogative and to
maintain as well a high standard of ethics and morality in the workplace. Unfortunately for
the respondents, in this balancing under the circumstances of the case, we have to rule
against their tenurial rights in favor of the employer's management rights.
MIRIAM COLLEGE FOUNDATION VS COURT OF APPEALS

G.R. No. L-27930; December 15, 2000

KAPUNAN, J.

FACTS:

The members of the editorial board of the Miriam College Foundation’s school paper
were subjected to disciplinary sanction by the College Discipline Committee after letters of
complaint were filed before the Board following the publication of the school paper that
contains obscene, vulgar, and sexually explicit contents. Prior to the disciplinary sanction to
the defendants they were required to submit a written statement to answer the complaints
against them to the Discipline Committee but the defendants, instead of doing so wrote to
the Committee to transfer the case to the Regional Office of the Department of Education, Culture
and Sports (DECS) which they alleged to have the jurisdiction over the issue. Pushing
through with the investigation ex parte the Committee found the defendants guilty and
imposed upon them disciplinary sanctions. Defendants filed before the court for prohibition
and certiorari with preliminary injunction on said decision of the Committee questioning the
jurisdiction of said Discipline Board over the defendants before the Regional Trial Court of
Quezon City.

The RTC of Quezon City denied the prayer for Temporary Restraining Order because
it ruled that there is nothing in the DECS Order No. 94, S. 1992 that excludes school
administrators from exercising jurisdiction over such case. The students thereafter filed a
motion for reconsideration and subsequently the writ of preliminary injunction was granted
by the court. The case was elevated to the Court of Appeals and declared the RTC decision
void, as well as the students’ suspension and dismissal.

Issue:

Whether or not the Discipline Board of Miriam College has jurisdiction over the
defendants.

Held:

Yes.

The Supreme Court resolved the issue before it by looking through the power of
DECS and the Disciplinary Committee in imposing sanctions upon the defendants. Section 5
(2), Article XIV of the Constitution guarantees all institutions of higher learning academic
freedom. This institutional academic freedom includes the right of the school or college to
decide for itself, its aims and objectives, and how best to attain them free from outside
coercion or interference save possibly when the overriding public welfare calls for some
restraint. Such duty gives the institution the right to discipline its students and inculcate
upon them good values, ideals and attitude. The right of students to free speech in school is
not always absolute. The court upheld the right of students for the freedom of expression
but it does not rule out disciplinary actions of the school on the conduct of their students.
Further, Sec. 7 of the of the Campus Journalism Act provides that the school cannot
suspend or expel a student solely on the basis of the articles they write EXCEPT when such
article materially disrupts class work of involve substantial disorder or invasion of the rights
of others. Therefore the court ruled that the power of the school to investigate is an adjunct
of its power to suspend or expel. It is a necessary corollary to the enforcement of rules and
regulations and the maintenance of a safe and orderly educational environment conducive
to learning. That power, like the power to suspend or expel, is an inherent part of the
academic freedom of institutions of higher learning guaranteed by the Constitution. Hence,
the court held that Miriam College has the authority to hear and decide the cases filed
against respondent students.

RELEVANCE TO THE THEORY OF LEGAL FUNCTIONALISM

In this case, legal functionalism was applied in order for the Supreme Court to weigh
in to the interest of both the said petitioner and respondent. The Constitution under section
5 (2), Article XIV guarantees all institutions of higher learning academic freedom. It includes
the right of the school or college to decide for itself, its aims and objectives and how best to
attain them free from outside coercion or interference when overriding public welfare calls
for some restraint. The school not only has the right but the duty to develop discipline in its
students. Admission to an institution of higher learning is discretionary upon a school, the same being
a privilege on the part of the student rather than a right.

On the other hand, the court upheld the right of the students to free speech in school premises,
however, it is not absolute. The right to free speech must always be applied in light of the special
characteristics of the school environment. The court does not rule out disciplinary action by the school
for conduct by the student which for any reason involves substantial disorder or invasion of the rights of
others.

Under Section 7 of Campus Journalism Act, it prohibits the expulsion or suspension of a student
solely on the basis of articles he or she has written but according to Justice Kapunan, it must be
construed in harmony with those of the Constitution. It is therefore to avoid conflict with the
fundamental law of the land. It should be read in a manner as not to infringe upon the school’s right to
discipline its students. In doing so, we should not unduly restrict the right of the students to free speech
except when such article materially disrupt class work or involve substantial disorder or invasion of the
rights of others.
REPUBLIC OF THE PHILIPPINES VS MERALCO

G.R. No. 141314; April 9, 2003

PUNO, J.

FACTS:

On December 23, 1993, MERALCO filed with the Energy Regulatory Board (ERB) an
application for revised rates, with an average increase of P0.21 per kwh in its distribution
charge.

On January 28, 1994 the ERB granted a provisional increase of P0.184 per kwh
subject to the condition that in the event the ERB determines that MERALCO is entitled to a
lesser increase in rates, all excess amounts collected by MERALCO shall be refunded to its
customers or credited in their favor.

The COA conducted an examination of the books of accounts and records of

MERALCO and thereafter recommended, among others, that: (1) income taxes paid by
MERALCO should not be included as part of MERALCO's operating expenses and (2) the "net
average investment method" or the "number of months use method" should be applied in
determining the proportionate value of the properties used by MERALCO during the test
year.

On February 16, 1998, the ERB adopted the recommendations of the COA and
authorized MERALCO to adopt a rate adjustment of P0.017 per kilowatthour (kwh) for its
billing cycles beginning 1994. The ERB further directed MERALCO to credit the excess
average amount of P0.167 per kwh to its customers starting with MERALCO's billing cycles
beginning February 1994. The said ruling of the ERB was affirmed by this Court in its
decision dated November 15, 2002.

Respondent’s Contention:

In its Motion for Reconsideration, respondent MERALCO contends that: (1) the
deduction of income tax from revenues allowed for rate determination of public utilities is
part of its constitutional right to property; (2) it correctly used the "average investment
method" or the "simple average" in computing the value of its properties entitled to a return
instead of the "net average investment method" or the "number of months use method";
and (3) the decision of the ERB ordering the refund of P0.167 per kwh to its customers
should not be given retroactive effect.2
Petitioners’ Contention:

ERC: the ERC proffered a divergent view from the Office of the Solicitor General. The ERC
submits that income taxes are not operating expenses but are reasonable costs that may be
recoverable from the consuming public. While the ERC admits that "there is still no
categorical determination on whether income tax should indeed be deducted from revenues
of a public utility," it agrees with MERALCO that to disallow public utilities from recovering
its income tax payments will effectively lower the return on rate base enjoyed by a public
utility to 8%. The ERC, however, agrees with this Court's ruling that the use of the "net
average investment method" or the "number of months use method" is not unreasonable.

ISSUE:

Whether or not the finding of the ERB on the rate that can be charged by MERALCO
to its consumers is proper.

HELD:

YES.

The regulation of rates to be charged by public utilities is founded upon the police
powers of the State and statutes prescribing rules for the control and regulation of public
utilities are a valid exercise thereof. When private property is used for a public purpose and
is affected with public interest, it ceases to be juris privati only and becomes subject to
regulation. The regulation is to promote the common good. Submission to regulation may
be withdrawn by the owner by discontinuing use; but as long as use of the property is
continued, the same is subject to public regulation. In regulating rates charged by public
utilities, the State protects the public against arbitrary and excessive rates while
maintaining the efficiency and quality of services rendered. However, the power to regulate
rates does not give the State the right to prescribe rates which are so low as to deprive the
public utility of a reasonable return on investment. Thus, the rates prescribed by the State
must be one that yields a fair return on the public utility upon the value of the property
performing the service and one that is reasonable to the public for the services rendered.
The fixing of just and reasonable rates involves a balancing of the investor and the
consumer interests.

While the power to fix rates is a legislative function, whether exercised by the
legislature itself or delegated through an administrative agency, a determination of whether
the rates so fixed are reasonable and just is a purely judicial question and is subject to the
review of the courts.

Settled jurisprudence holds that factual findings of administrative bodies on technical

matters within their area of expertise should be accorded not only respect but even finality
if they are supported by substantial evidence even if not overwhelming or preponderant. In
one case, we cautioned that courts should “refrain from substituting their discretion on the
weight of the evidence for the discretion of the Public Service Commission on questions of
fact and will only reverse or modify such orders of the Public Service Commission when it
really appears that the evidence is insufficient to support their conclusions.”

RELEVANCE TO THE THEORY OF LEGAL FUNCTIONALISM

The above case cited applies the theory of legal functionalism for Justice Puno in
laying down the decision of the case provides a set of rules and limitations for the
legislature to abide by in the regulation of the rates charged by MERALCO so that the state
of balance and social equilibrium for the whole is maintained. As in the definition of legal
functionalism, it explains and analyzes that law and legal rules serve for society, the
branches of government, interest groups and other legal actors. Thus, as a legislative
function, the legislature is reminded by the Supreme Court of its power to exercise the
regulation of the rates charged by public utilities. When a private property was use for a
public purpose the interest of the public is affected. The State due to its police power which
is one of its’ inherent powers has the right to protectthe public against arbitrary and
excessive rates while maintaining the efficiency and quality of services rendered.
FRANCISCO CHAVEZ VS RAUL M. GONZALES, in his capacity as the Secretary of the
Department of Justice; and NATIONAL TELECOMMUNICATIONS COMMISSION
(NTC); G.R. No. 168338; February 15, 2008.

CARPIO, J.

FACTS:

A year following the 2004 national and local elections, Press Secretary Ignacio Bunye
disclosed to the public how the opposition planned to destabilize the administration by
releasing an audiotape of a mobile phone conversation allegedly between President Gloria
Macapagal Arroyo and Commissioner Garcillano of the Commission on Elections (COMELEC).
The conversation was alleged to have been audio-taped through wire-tapping. On June 8,
2005, respondent Secretary Raul Gonzales of the Department of Justice (DOJ) warned
reporters who are in possession of copies of the said conversation, as well as those
broadcasting companies and/or publishers that they may be held liable under the Anti-
Wiretapping Act. Consequently, the National Telecommunications Commission (NTC) issued
a press release strengthening the prohibition on the dissemination of the same – that the
broadcasting/airing of such information shall be just cause for the suspension, revocation
and/or cancellation of the licenses or authorizations issued by the Commission. Petitioner
Francisco Chavez filed a petition against respondent Chavez and NTC, praying for the
issuance of writs of certiorari and prohibition for the nullification of the acts, issuances and
orders of respondents – as they were outright violations of the freedom of expression and of
the press, and the right of the people to information on matters of public concern.

ISSUE:

Whether or not the acts of the respondents abridge freedom of speech and of the
press.

HELD:

Yes.

Generally, restraints on freedom of speech and expression are evaluated by either or

a combination of three tests, i.e., (a) the dangerous tendency doctrine, which limits speech
once a rational connection has been established between the speech restrained and the
danger contemplated; (b) the balancing of interests tests, a standard when courts balance
conflicting social values and individual interests, and (c) the clear and present danger rule
which rests on the premise that speech may be restrained because there is substantial
danger that the speech will likely lead to an evil the government has a right to prevent.

It appears that the great evil which government wants to prevent is the airing of a
tape recording in alleged violation of the anti-wiretapping law.However, respondents’
evidence falls short of satisfying the clear and present danger test. Firstly, the various
statements of the Press Secretary obfuscate the identity of the voices in the tape recording.
Secondly, the integrity of the taped conversation is also suspect. The Press Secretary
showed to the public two versions, one supposed to be a “complete” version and the other,
an “altered” version. Thirdly, the evidence of the respondents on the who’s and the how’s of
the wiretapping act is ambivalent, especially considering the tape’s different versions. The
identity of the wire-tappers, the manner of its commission and other related and relevant
proofs are some of the invisibles of this case. Fourthly, given all these unsettled facets of
the tape, it is even arguable whether its airing would violate the anti-wiretapping law.

The Court rule that not every violation of a law will justify straitjacketing the exercise
of freedom of speech and of the press.The need to prevent their violation cannot per se
trump the exercise of free speech and free press, a preferred right whose breach can lead to
greater evils. For this failure of the respondents alone to offer proof to satisfy the clear and
present danger test, the Court has no option but to uphold the exercise of free speech and
free press. There is no showing that the feared violation of the anti-wiretapping law clearly
endangers the national security of the State.

RELEVANCE TO THE THEORY OF LEGAL FUNCTIONALISM

Legal Functionalism explains and analyzes the law based on the functions that law
and legal rules serve for society, the branches of government, interest groups, and other
legal actors. In the case above, the theory of legal functionalism was applied in order for the
Supreme Court to come up with its decision concerning the use of the freedom of speech of
the press. As laid down by Justice Carpio, the act of the respondents to prevent the freedom
of the press and the freedom of speech of the press arguably would violate the Anti-
Wiretapping Act; however, they failed to justify sufficient evidence that the airing of the
wire-tapped conversation of then President Gloria Macapagal-Arroyo and Commissioner
Garcillano would fail the tests laid down by the Supreme Court in determining whether to
restraint the freedom of speech. The Court ruled in favor of the petitioners since the
respondents fail to justify and present sufficient evidence in impeding the freedom of speech
of the press. Citizens must be kept abreast that all is entitled to the freedom of speech.
However, there are limitations to such freedom and it entails consequences if use in a
wrong manner.

The principle behind Article III Section 4 is that for each individual or community to
articulate their opinions and ideas without fear of retaliation, censorship, or legal
santion..The press has the right to air the wiretapped conversation of the then President
Gloria Macapagal Arroyo and Commissioner Garcillano for the people has the right to be
informed and to know such information on what is happening within the government in
whom they have voted for or not. Consequently, the Anti Wiretapping Act prevents only the
disclosure of vital information that would endanger the national security of the State.
Hence, such act of the respondents was not acknowledged by the Supreme Court in
preceding with its ruling. The theory of legal functionalism justifies the purpose of the law
and why it is enacted.
ANTONIO ROXAS, EDUARDO ROXAS and ROXAS Y CIA, in their own respective
behalf and as judicial co-guardians of JOSE ROXAS vs COURT OF TAX APPEALS and
COMMISSIONER OF INTERNAL REVENUE; G.R. No. L-25043; April 26, 1968

BENGZON, J.P., J.

FACTS:

Don Pedro Roxas and Dona Carmen Ayala, Spanish subjects, transmitted to their
grandchildren by hereditary succession several properties. To manage the above-mentioned
properties, said children, namely, Antonio Roxas, Eduardo Roxas and Jose Roxas, formed a
partnership called Roxas y Compania. At the conclusion of the WW2, the tenants who have
all been tilling the lands in Nasugbu for generations expressed their desire to purchase from
Roxas y Cia. the parcels which they actually occupied. For its part, the Government, in
consonance with the constitutional mandate to acquire big landed estates and apportion
them among landless tenant-farmers, persuaded the Roxas brothers to part with their
landholdings. Conferences were held with the farmers in the early part of 1948 and finally
the Roxas brothers agree to sell 13,500 hectares to the Government for distribution to
actual occupants for a price of P2,079,048.47 plus P300,000 for survey and distribution
expenses. It turned out however that the Government did not have funds to cover the
purchase price, and so a special arrangement was made for the Rehabilitation Finance
Corporation to advance to Roxas y Cia. the amount of P1,500,000.00 as loan. Collateral for
such loan were the lands proposed to be sold to the farmers. Under the arrangement, Roxas
y Cia. allowed the farmers to buy the lands for the same price but by installment, and
contracted with the Rehabilitation Finance Corporation to pay its loan from the proceeds of
the yearly amortizations paid by the farmers.

The CIR demanded from Roxas y Cia. the payment of deficiency income taxes
resulting from the inclusion as income of Roxas y Cia. of the unreported 50% of the net
profits for 1953 and 1955 derived from the sale of the Nasugbu farmlands to the tenants,
and the disallowance of deductions from gross income of various business expenses and
contributions claimed by Roxas y Cia. and the Roxas brothers. For the reason that Roxas y
Cia. subdivided its Nasugbu farmlands and sold them to the farmers on installment, the
Commissioner considered the partnership as engaged in the business of real estate, hence,
100% of the profits derived there from was taxed. The Roxas brothers protested the
assessment but inasmuch as said protest was denied, they instituted an appeal in the CTA
which sustained the assessment.

ISSUE:

(1) Is Roxas y Cia. liable for the payment of deficiency income for the sale of Nasugbu
farmlands?

(2) Are the deductions for business expenses and contributions deductible?
HELD:

I.

NO.

The proposition of the CIR cannot be favorably accepted in this isolated transaction
with its peculiar circumstances inspite of the fact that there were hundreds of vendees.
Although they paid for their respective holdings in installment for the period of 10 years, it
would nevertheless make the vendor Roxas y Cia a real estate dealer during the 10-year
amortization period. It should be borne in mind that the sale of the Nasugbu farmlands to
the very farmers who tilled them for generations was not only in consonance with, but more
in obedience to the request and pursuant to the policy of our Government to allocate lands
to the landless. It was the bounden dutyof the Government to pay the agreed compensation
after it had persuaded Roxas y Cia. to sell its haciendas, and to subsequently subdivide
them among the farmers at very reasonable terms and prices. However, the Government
could not comply with its duty for lack of funds. Obligingly, Roxas y Cia. shouldered the
Government’s burden, went out of its way and sold lands directly to the farmers in the same
way and under the same terms as would have been the case had the Government done it
itself. For this magnanimous act, the municipal council of Nasugbu passed a resolution
expressing the people’s gratitude.

In fine, Roxas y Cia. cannot be considered a real estate dealer for the sale in
question. Hence, pursuant to section 34 of the Tax Code, the land sold to the farmers are
capital assets, and the gain derived from the sale thereof is capital gain, taxable only to the
extent of 50%.

II.

The contributions to the Christmas funds of the Pasay City Police, Pasay City Firemen
and Baguio City Police are not deductible for the reason that the Christmas funds were not
spent for public purposes but as Christmas gifts to the families of the members of said
entities. Under Section 39(h), a contribution to a government entity is deductible when used
exclusively for public purposes. For this reason, the disallowance must be sustained. On the
other hand, the contribution to the Manila Police trust fund is an allowable deduction for said
trust fund belongs to the Manila Police, a government entity, intended to be used
exclusively for its public functions.

The contributions to the Philippines Herald's fund for Manila's neediest families were
disallowed on the ground that the Philippines Herald is not a corporation or an association
contemplated in Section 30 (h) of the Tax Code. It should be noted however that the
contributions were not made to the Philippines Herald but to a group of civic spirited citizens
organized by the Philippines Herald solely for charitable purposes. There is no question that
the members of this group of citizens do not receive profits, for all the funds they raised
were for Manila's neediest families. Such a group of citizens may be classified as an
association organized exclusively for charitable purposes mentioned in Section 30(h) of the
Tax Code.
 Rightly, the Commissioner of Internal Revenue disallowed the contribution to Our
Lady of Fatima chapel at the Far Eastern University on the ground that the said university
gives dividends to its stockholders (it should be non-profit institution. Located within the
premises of the university, the chapel in question has not been shown to belong to the
Catholic Church or any religious organization. On the other hand, the lower court found that
it belongs to the Far Eastern University, contributions to which are not deductible under
Section 30(h) of the Tax Code for the reason that the net income of said university injures
to the benefit of its stockholders. The disallowance should be sustained.

RELEVANCE TO THE THEORY OF LEGAL FUNCTIONALISM

The above case is relevant to the theory of legal functionalism for thepurpose of the
government in allocating and distributing agricultural lands to those who till it is to promote
equality and social justice and industrialization. The principle in the Civil Code of the
Philippines regarding property is that all public lands belongs to the State and such may be
subject to its discretion whether to dispose of such or to maintain it. Here, the agricultural
land owned by the Roxas brothers was gratuitously given by them to those who till their
land upon the order of the Government. However, due to the lack of funds of the latter to
pay the former for the said land, there has an agreement entered with those who till the
land in order to pay for the acquired land. But, as in the policy of the government, it is
tasked to pay just compensation for the land it acquired from the previous owner.

Functionalism sees the society as a system of inter-connected parts that work

together in harmony to maintain a state of balance and social equilibrium for the whole. It
believes that different sectors and institutions is given a task to perform for the welfare of
the society. Justice Bengzon used legal functionalism in deciding the case for if not for the
magnanimous act of the Roxas brothers, the said lands would not be equally distributed to
the farmers. Each sector of the society even the private sector plays a role in maintaining
the social equilibrium. The government is tasked to provide each individual with an equal
opportunity as the other.

In relation to the power of taxation of the government, it is relevant to know what is

the purpose of the Tax Code in order to determine if the contribution of different sector in
the society is taxable or not. Without the power of taxation of the government, it would not
perform and render different services that is due to the society. Thus, the government
cease to perform its purpose in providing and rendering social services to the governed.