Professional Documents
Culture Documents
425
424 SUPREME COURT REPORTS ANNOTATED VOL. 22, JANUARY 31, 1968 425
Morfe vs. Mutuc Morfe vs. Mutuc
No. L-20387. January 31, 1968. If the liberty involved were f reedom of the mind or the person,
the standard f or the validity of government acts is much more
JESUS P. MORFE, plaintiff-appellee, vs. AMELITO R. rigorous and exacting, but where the liberty curtailed affects at
MUTUC, as Executive Secretary, ET AL., defendants- the most rights of property, the permissible scope of regulatory
appellants. measure is wider. In short, when freedom of the mind is imperiled
by law, it is freedom that commands a momentum of respect;
Anti-Graft and Corrupt Practices Act; Policy behind its when property is imperilled, it is the lawmakers' judgment that
enactment.—This Act (Rep. Act No. 3019) was enacted to deter commands respect.
public of f icials and employees f rom committing acts of Same; To declare a law unconstitutional, the infringement of
dishonesty and improve the tone of morality in public service. It constitutional rights must be clear, categorical, and undeniable.—
was declared to be the state policy "in line with the principle that While in the attainment of public good, no infringement of
a public office is a public trust, to repress certain acts of public constitutional rights is permissible, there must be a showing,
officers and private persons alike which constitute graft or clear, categorical, and undeniable, that what the Constitution
corrupt practices or which may lead thereto" (Sec. 1, Rep. Act No. condemns, the statute allows. In other words, to declare a law
3019). unconstitutional, such constitutional violation must be clear and
Constitutional law; Presumption of validity of a law prevails categorical.
in the absence of evidence to rebut the contrary; Case at bar.—In Same; Police power; Various definitions and scope.—By its
the absence of a factual foundation, or evidence to rebut the nature and scope, police power embraces the power to prescribe
presumption of validity of a law, such presumption of validity regulations to promote the health, morals, education, good order,
must prevail (Ermita-Malate, etc. v. Mayor of Manila, L-24693, safety, or the general welfare of the people (Ermita-Malate Hotel,
July 31, 19567). In the present case, where Section 7 of Republi c etc. v. City Mayor of Manila, supra). It is that inherent and
A ct No. 30 19 is being vi ewe d by the l ow er constitutional, plenary power in the state which enables it to prohibit all things
"insofar as it required periodical submittal of sworn statements of hurtful to the comfort, safety and welfare of society. (Rubi v. Prov.
financial conditions, assets and liabilitie of an official or employee Board, 39 Phil. 600). Earlier Philippine cases refer to police power
of the government after he had once submitted such a sworn as the power to promote the general welfare and public interest
statement upon assuming office," there was likewise no factual (U.S. v. Toribio, 15 Phil. 85) ; to enact such laws in relation to
foundation on which the nullification of said section of the statute persons and property as may promote public health, public
could be based. Hence, on this ground alone, the decision of the morals, public safety and the general welfare of each inhabitant
lower court declaring "unconstitutional, null and void Section 7 of (U.S. v. Gomez Jesus, 31 Phil. 218); to preserve publi c ord er an d
Republic Act No. 3019" could be reversed. to pr event of against the state and to establish for the intercourse
Same; When requirement that evidence be presented to reverse of citizen with citizen those rules of good manner and good
the presumption of validity or constitutionality may not be rigidly neighborhood calculated to prevent conflict of rights (U.S. v.
insisted.—Where the nullity of a statute, executive order, or Pompeya, 31 Phil. 245).
ordinance is readily apparent and the threat to constitutional Same; The Anti-Graft Law was enacted under the police
rights, especially those involving the freedom of the mind, is power of the state to promote morality in public service.—What is
present and ominous, there should not be a rigid insistence on the under consideration is a statute (Rep. Act No. 3019) enacted
under the police power of the state to promote moralit in public
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service necessarily limited in scope to officialdom. May a public governmental action should conform in order that deprivation of
official claiming to be adversely affected rely on the due process life, liberty or property, in each appropriate case, be valid. What
clause to annul such statute or any portion thereof ? The answer then is the standard of due process which must exist both as a
must be in the affirmative. If the police power extends to procedural and as a substantive requisite to free the challenged
regulatory action affecting persons in public or private life, then ordinance, or any governmental action for that matter, from the
anyone with an alleged grievance can invoke the protection of due imputation of legal infirmity sufficient to spell its doom? It is
process which permits depri vation of property or liberty as long responsiveness to the supremacy of reason, obedience to the
as such requirement is observed. dictates of justice. Negatively put, arbitrariness is ruled out and
Same; Security of tenure under the Constitution is pro- unfairness avoided. To satisfy the due process requirement,
official action must not outrun the bounds of reason and result in
426
sheer oppression.
Same; The disclosure of information does not infringe the
right of a person to privacy.—It cannot be said that the challenged
statutory provision calls for disclosure of information which
426 SUPREME COURT REPORTS ANNOTATED
infringes on the right of a person to privacy. It cannot be denied
Morfe vs. Mutuc that the rational relationship such a requirement
427
tected by due process clause.—While the soundness of the
assertion that a public office is a public trust and as such not
amounting to property in its usual sense cannot be denied, there
can be no disputing the proposition that from the standpoint of VOL. 22, JANUARY 31, 1968 427
the security of tenure guaranteed by the Constitution the mantle
of protection afforded by due process could rightfully be invoked. Morfe vs. Mutuc
Sec. 1, Clause 18, Phil. Const.). This constitutional provision gives committing acts of dishonesty and improve the tone of
the accused immunity from any attempt by the prosecution to morality in public service. It was declared to be the state
make easier its task by coercing or intimidating him to f urnish policy "in line with the principle that a public office is a
the evidence necessary to convict. He may confess, but only if he public trust, to repress certain acts of public officers and
voluntarily wills it. He may admit certain facts but only if he f private persons alike which constitute 2
graft or corrupt
reely chooses to. Or he could remain silent, and the prosecution is practices or which may lead. thereto." Nor was it the first
powerless to compel him to talk. Proof is not solely testimonial in statute of its kind to deal with such a grave problem in the
character. It may be documentary. Neither then could the accused public service that unfortunately has afflicted the
be ordered to write, when what comes f rom his pen may Philippines in the post-war era. An earlier statute decrees
constitute evidence of guilt or innocence. Moreover, there can be the forfeiture in favor of the State of any property found to
no search or seizure of his house, papers or effects for the purpose have been3 unlawfully acquired by any public officer or
of locating incriminatory matter. What the above provision seeks employee.
to prevent is compulsory disclosure of incriminating facts. One of the specific provisions of the Anti-Graft and
Necessarily then, the protection it affords will have to await the Corrupt Practices Act of 1960 is that every public officer,
existence of actual cases, be they criminal, civil, or administrative either within thirty (30) days after its approval or after his
(Suarez v. Tengco, L-17113, May 23, 1961). Prior to such stage, assumption of office "and within the month of January of
there is no pressing need to pass upon the validity of the fear every other year thereafter", as well as upon the
sincerely voiced that there is an infringement of the non- termination of his position, shall prepare and file with the
incrimination clause. head of the office to which he belongs, "a true detailed and
Same; Court does not pass upon questions of wisdom, justice sworn statement of assets and liabilities, including a
or expediency of legislation.—This Court does not pass upon statement of the amounts and sources of his income, the
questions of wisdom, justice, or expediency of legislation (Angara amounts of his personal and family expenses and the
v. Electoral Commission, 63 Phil. 139). It is not the province of the amount of income taxes paid for the next preceding cal-
courts to supervise legislation and keep it within the bounds of
propriety and common sense. That is primarily _______________
429
428 SUPREME COURT REPORTS ANNOTATED
first instance. For it, such requirement of periodical financial condition, upon
6
assumption of office, is oppressive
submission of such sworn statement of assets and liabilities and unconstitutional."
exceeds the permissible limit of the police power and is As earlier noted, both the protection of due process and
thus offensive to the due process clause. the assurance of the privacy of the individual as may be
We do not view the matter thus and accordingly reverse inferred from the prohibition against unreasonable search
the lower court. and seizure and self-incrimination were relied upon. There
1. The reversal could be predicated on the absence of was also the allegation that the above requirement
evidence to rebut the presumption of validity. For in this amounts to "an insult to the personal integrity and official
action for declaratory relief filed with the Court of First dignity" of public officials, premised as it is "on the
Instance of Pangasinan on January 31, 1962, plaintiff, unwarranted and derogatory assumption" that they are
after asserting his belief "that it was a reasonable "corrupt at heart" and unless thus restrained by this
requirement for employment that a public officer make periodical submission of the statements of "their financial
condition, income, and expenses, they cannot be trusted to
_______________ desist
7
from committing the corrupt practices defined x x
x." It was further asserted that there was no need for such
4 Sec. 7. Statement of assets and liabilities.—Every public officer, a provision as "the income tax law and the tax census law
within thirty days after the approval of this Act or after assuming office, also require statements which can serve to determine
and within the month of January of every other year thereafter, as well as whether an off icer or employee in this Republic has 8
upon the expiration of his term of office, or upon his resignation or enriched himself out of proportion to his reported income."
separation from office, shall prepare and file with the office of the Then on February 14, 1962, came an Answer of the then
corresponding Department Head, or in the case of a Head of Department Executive Secretary and the then Secretary of Justice as
or chief of an independent office, with the Office of the President or in the defendants, where after practically admitting the facts
case of members of the Congress and the officials and employees thereof, alleged, they denied the erroneous conclusion of law and as
with the Office of the Secretary of the corresponding House, a true one of the special affirmative defenses set forth: "1.
detailed and sworn statement of assets and liabilities, including a
statement of the amounts and sources of his income, the amounts of his
_______________
personal and family expenses and the amount of income taxes paid for the
next preceding calendar year: Provided, That publi officers assuming 5 Complaint, Record on Appeal, p. 4.
office less than two months before the end of the calendar year, may file 6 Complaint, Record on Appeal, p. 5.
their first statements in the following months of January. 7 Complaint, Record on Appeal, par. 5, p. 5.
8 Complaint. Record on Appeal . p .
430
431
normal and legitimate enjoyment of his life and liberty iciently is that if the liberty involved were freedom of the
because said provision merely seeks to adopt a reasonable mind or the person, the standard for the validity of
measure of insuring the interest or general welfare in governmental acts is much more rigorous and exacting, but
honest and clean public service and 10
is therefore a where the liberty curtailed affects at the most rights of
legitimate exercise of the police power." property, the permissible scope of regulatory measure is
On February 27,1962, plaintiff filed a Motion for wider."
judgment on the pleadings as in his opinion all his material Moreover, in the Resolution denying the Motion for
allegations were admitted. Then on March 10, 1962, an Reconsideration in the above case, we expressly affirmed:
order was issued giving the parties thirty days within "This is not to discount the possibility of a situation where
which to submit memoranda, but with or without them, the the nullity of a statute, executive order, or ordinance may
case was deemed submitted for decision the lower court not be readily apparent but the threat to constitutional
being of the belief that "there is no question of facts, x x x rights, especially those14 involving the freedom of the mind,
the defendants [having admitted]
11
all the material present and ominous." In such an event therefore, "there
allegations of the complaint." should not be a rigid insistence on the requirement that
The decision, now on appeal, came on July 19, 1962, the evidence be presented." Also, in the same Resolution,
lower court declaring "unconstitutional, null and void Professor Freund was quoted thus: "'ln short, when
Section 7, Republic Act No. 3019, insofar as it required freedom of the mind is imperiled by law, it is freedom that
periodical submittal of sworn statements of financial commands a momentum of respect; when property is
conditions, assets and liabilities of an official or employee imperiled, it is the lawmakers' judgment that commands
of the government after he had once submitted 12
such a respect. This dual standard may not precisely reverse the
sworn statement upon assuming office; x x x." presumption of constitutionality in civil liberties cases, but
In Ermita-Malate Hotel and 13
Motel Operators obviously it does set 15
up a hierarchy of values within the
Association v. The Mayor of Manila, it was the holding of due process clause."
this 2. We inquire first whether or not by virtue of the above
requirement for a periodical submission of sworn statement
_______________ of assets and liabilities, there is an invasion of liberty
protected by the due process clause.
9 Record on Appeal, p. 10.
10 Answer, pars. 4, 6 and 9, Record on Appeal, pp. 12, 14 and 15.
_______________
11 Order of March 10, 1962, Record on Appeal, p. 18.
12 Decision of July 19, 1962, Record on Appeal, pp. 36, 37. 14 Resolution denying Motion for Reconsideration, L-24693, October 23,
13 L-24693, July 31, 1967. 1967, p. 5.
15 Freund, On Understanding the Supreme Court (1950)
432
433
persuaded, induced, or influenced to commit such violation from having any interests; becoming interested directly or
or offense; requesting or receiving directly or indirectly any indirectly, for personal gain, or having a material interest
gift, present, share, percentage, or benefit, for himself, or in any transaction or act requiring the approval of a board,
for any other person, in connection with any contract or panel or group of which he is a member, and which
transaction between the government and any other party, exercises discretion in such approval, even if he votes
wherein the public officer in his official capacity, has to against the same or does not participate i n su action;
intervene under the law; requesting or receiving directly or approving or granting knowingly any license, permit,
indirectly any gift, present, or other pecuniary or material privilege or benefit in favor of any person not qualified for
benefit, for himself or for another, from any person for or not legally entitled to such license, permit, privilege or
whom the public officer, in any manner or capacity, has advantage, or of a mere representative or dummy of one
secured or obtained, or will secure or obtain. any who is not so qualified or entitled and divulging valuable
Government permit or license, in consideration for the help information of a confidential character, acquired by his
given or to be given; accepting or having any member of his office or by him on account of his official position to
family accept employment in a private enterprise which unauthorized persons, or releasing 18such information in
has pending official business with him during the pendency advance of its authorized release date.
thereof or within one year after its termination; causing After which
19
come the prohibition on 20 private
any undue injury to any party, including the Government, individuals, prohibition on certain 21
relatives, and
or giving any private party any unwarranted benefits, prohibition on Members of Congress. Then there is this
advantage or preference in the discharge of his official requirement of a statement of assets and liabilities,
22
that
administrative or judicial functions through manifest portion requiring periodical submission here. The other
partiality, evident bad faith or gross inexcusable sections of the Act deal with dismissal due to unexplained 23
negligence; neglecting or refusing, after due demand or wealth, reference being 24
made to the previous statute,
request, without sufficient justification, to act within a penalties for violation, the vesting of original jurisdiction
25
reasonable time on any matter pending before him for the in the Court of First Instance
26
as the competent court, the
purpose of obtaining, directly or indirectly, from any person prescription of offenses, the prohibition against any
interested in the matter some pecuniary or material benefit
or advantage, or for the purpose of favoring his own _______________
interest or giving undue advantage in favor of or
discriminating against any other interested party; 18 Sec. 3, Id.
entering, on behalf of the Gov- 19 Sec. 4, Id.
20 Sec. 5, Id.
21 Sec. 6, Id.
_______________
22 Sec. 7, Id.
16 Section 1, Rep. Act. No. 3019. 23 Sec. 8, Id.
17 Section 2, Rep. Act No. 3019. 24 Sec. 9, Id.
25 Sec. 10, Id.
434 26 Sec. 11, Id.
435
434 SUPREME COURT REPORTS ANNOTATED
Morfe vs. Mutuc
VOL. 22, JANUARY 31, 1968 435
ernment, into any contract or transaction manif estly and Morfe vs . Mutuc
grossly disadvantageous to the same, whether or not the
public officer profited or will profit thereby; having directly resignation or retirement pending investigation,
27
criminal
or indirectly financial or pecuniary interest in any or administrative or 28pending a prosecution, suspension
business, contract or transaction in connection with which and loss of benefits, exception of unsolicited gifts or
he intervenes or takes part in his official capacity or in presents of small or insignificant value as well as
which he is prohibited by the Constitution or by any law recognition of legitimate practice of one's profession or
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trade or occupation,
31
the separability clause, and its scope as embracing the power to prescribe regulations to
effectivity. promote the health, morals, education, good order, safety,
Nothing can be clearer therefore32than that the AntiGraft or the general welfare of the people. It has been negatively
Act of 1960 like the earlier statute was precisely aimed at put forth by Justice Malcolm as "that inherent and plenary
curtailing and minimizing the opportunities for official power in the state which enables it to prohibit all 34things
corruption and maintaining a standard of honesty in the hurtful to the comfort, safety and welfare of society."
public service. It is intended to further promote morality in Earlier Philippin e cas es re fe r to p olice po wer power
35
public administration. A public office must indeed be a to promote the general welfare and public interest; to
public trust. Nobody can cavil at its objective; the goal to be enact such laws in relation to persons and property as may
pursued commands the assent of all. The conditions then promote public health, public morals, 36public safety and the
prevailing called for norms of such character. The times general welfare of each inhabitant; to preserve public
demanded such a remedial device. order and to prevent of fenses against the state and to
The statute was framed with that end in view. It is establish for the intercourse of citizen with citizen those
comprehensive in character, sufficiently detailed and rules of good manners and good
37
neighborhood calculated to
explicit to make clear to all and sundry what practices were prevent
38
conf lict of rights, In his work on due process,
prohibited and penalized. More than that, an effort was Mott stated that the term
39
police power was first used by
made, so evident from even a cursory perusal thereof, to Chief Justice Marshall.
avoid evasions and plug loopholes. One such feature is the As currently in use both in Philippine and American
challenged section. Thereby it becomes much more difficult decisions then, police power legislation usually has
by those disposed to take advantage of their positions to reference to regulatory measures restraining either the
commit acts of graft and corruption. rights to property or liberty of private individuals. It is
While in the attainment of such public good, no undeniable however that one of its earliest definitions,
infringement of constitutional rights is permissible, there valid then as well as now, given by Marshall's successor,
must be a showing, clear, categorical, and undeniable, that Chief Justice Taney does not limit Its scope to curtailment
what the Constitution condemns, the statute allows. More of rights whether of liberty or property of private
specifically, since that is the only question raised, is that individuals. Thus: "But what are the police powers of a
portion of the statute requiring periodical submission of State? They are nothing more or less than the powers of
assets and liabilities, after an officer or employee had government inherent in every sovereignty to the extent of
previously done so upon assuming office, so infected with its dominions. And whether a State passes a quarantine
infirmity that it cannot be upheld as valid? law,
_______________ _______________
437
436 SUPREME COURT REPORTS ANNOTATED
Morfe vs . Mut
VOL. 22, JANUARY 31, 1968 437
VOL, 22, JANUARY 31, 1968 439 440 SUPREME COURT REPORTS ANNOTATED
Morfe vs. Mutuc Morfe vs. Mutuc
pen of Justice J. B. L. Reyes: "We are thus compelled to dwarfed into mere freedom from physical restraint of the
conclude that the positions formerly held by appellees were person of the citizen, but is deemed to embrace the right of
not primarily confidential in nature so as to make their man to enjoy the facilities with which he has been endowed
terms of office co-terminal with the confidence reposed in by his Creator, subject only to such restraint as are
them, The inevitable corollary Is that respondents- necessary for the common welfare." In accordance with this
appellees, Leon Piñero, et al., were not subject to dismissal case therefore, the rights of the citizens to be free to use his
or removal, except for 49
cause specified by law and within faculties in all lawful ways; to live and work where he will;
due process
50
x x x." In a still later decision, Abaya v, to earn his livelihood by any lawful calling; to pursue any
Subido, this Court, through Justice Sanchez, emphasized avocation, are all deemed embraced in the concept of
"that the vitality of the constitutional principle of due liberty. This Court in the same case, however, gave the
process cannot be allowed to weaken by sanctioning warning that liberty as understood in democracies, is not
cancellation" of an employee's eligibility or "of his dismissal license. Implied in the term is restraint by law for the good
from service—without hearing—upon a doubtful of the individual and for the greater good, the peace and
assumption that he has admitted his guilt for an offense order of society and the general well-being. No one can do
against Civil Service rules." Equally emphatic is this exactly as he pleases. Every man must renounce unbridled
observation from the same case: "A civil service employee license. In the words of Mabini as quoted by Justice
should be heard before he is condemned. Jurisprudence has Malcolm, "liberty is freedom to do right and never wrong; it
clung to this rule with such unrelenting grasp that by now is ever guided by reason and the upright and honorable
it would appear trite to make citations thereof." conscience of the individual."
If as is so clearly and unequivocally held by this Court, The liberty to be safeguarded is, as pointed out 52
by Chief
due process may be relied 'upon by public official to protect Justice Hughes, liberty In a social organization, implying
the security of tenure which in that limited sense is the absence of arbitrary restraint not immunity from
analogous to property, could he not likewise avail himself reasonable regulations and53 prohibition s imposed in the
of such constitutional guarantee to strike down what he interest of the community. It was Linton's view that "to
considers to be an infringement of his liberty? Both on belong to a society is to sacrifice some measure of
principle, reason and authority, the answer must be in the individual liberty, no matter how slight 54the restraints
affirmative. Even a public official has certain rights to which the society consciously imposes." The above
freedom the government must respect. To the extent then, statement from Linton, however, should be understood in.
that there is a curtailment thereof, it could only be the sense that liberty, in the interest of public health,
permissible if the due process mandate is not disregarded. public order or safety, of general welfare, in other words
Since under the constitutional scheme, liberty is the rule through the proper exercise of the police power, may be
and restraint the exception, the question raised cannot just regulated. The individual thought , as Justice Cardozo
be brushed aside. 51In a leading Philippine case, Rubi v. pointed out, has still left a "domain of free activity that
Provincial Board, liberty as guaranteed by the cannot be touched by government or law at all, whether the
Constitution was defined by Justice Malcolm to include command is specially against or generally against him and
"the right to exist and the right to be free from arbitrary
personal restraint or servitude. The term cannot be _______________
440
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Morfe vs. Mutuc
others."
Is this provision for a periodical submission of sworn not to be treated56 narrowly or pedantically in slavery to
statement of assets and liabilities after he had filed one form or phrases."
upon assumption of office beyond the power of government It would be to dwell in the realm of abstractions and to
to impose? Admittedly without the challenged pro- vision , ignore the harsh and compelling realities of public service
a public officer would be free from such a requirement. To with its ever-present temptation to heed the call of greed
the extent then that there is a compulsion to act in a and avarice to condemn as arbitrary and oppressive a
certain way, his liberty is affected. It cannot be denied requirement as that imposed on public officials and
however that under the Constitution, such a restriction is employees to file such sworn statement of assets and
allowable as long as due process is observed. liabilities every two years after having done so upon
The more crucial question therefore is whether there is assuming office. The due process clause is not susceptible
an observance of due process. That leads us to an inquiry to such a reproach. There was therefore no unconstitutional
into its significance . "There is no controlling and precise exercise of police power.
definition of due process. It furnishes though a standard to 4. The due process question touching on an alleged
which government action should conform in order that deprivation of liberty as thus resolved goes a long way in
deprivation of life, liberty or property, in each appropriate disposing of the objections raised by plaintiff that the
case, be valid. What then is the standard of due process provision on the periodical submission of a sworn
which must exist both as a procedural and as substantive statement of assets and liabilities is violative of the
requisite to free the challenged ordinance, or any constitutional right to privacy. There is much to be said for
governmental action for that matter from the imputation of this view of Justice Douglas: "Liberty in the constitutional
legal infirmity sufficient to spell its doom? It is sense must mean more than freedom from unlawf ul
responsiveness to the supremacy of rea- son, obedience to governmental restraint; it must include privacy as well, if
the dictates of justice. Negatively put, arbitrariness is ruled it is to be a repository of freedom. The right to be let alone
out and unfairness avoidad. To satisfy the due process 57
is indeed the beginning of all freedom." As a matter of
requirement, official action, to paraphrase Cardozo, must fact, this right to be let alone is, to quote from Mr. Justice
not outrun the bounds of reason and result in sheer Brandeis "the most comprehensive of rights and the right
oppression. Due process is thus hostile to any official action most valued by civilized men."
58
marred by lack of reasonableness. Correctly has it been The concept of liberty would be emasculated if it does
identified as freedom from arbitrariness. It is the not likewise compel respect for his personality as a unique
embodiment o f the sporting idea of fair play. It exacts individual whose claim to privacy and interference
fealty "to those striving for justice' and judges the act of demands respect. As Laski so very aptly stated: "Man is
officialdom of whatever branch 'in the light of reason drawn one among many, obstinately refusing reduction
from considerations of fairness that reflect [democratic]
traditions o f legal and political thought.' It is not a narrow
_______________
or 'technical conception with fixed content unrelated to
time, place and circumstances,' decisions based on such a 56 Ermita-Malate Hotel, etc., et al. vs. Hon. City Mayor of Manila, L-
clause requiring a 'close and perceptive inquiry into 24693, July 31, 1967.
fundamental principles of our society.' Questions of due 57 Public Utilities Commission v. Pollak, 343 U. S. 451, 467 (1952). In
process are this case the American Supreme Court rejected the claim that radio
program on buses and street cars of a private company regulated by the
_______________ District Columbia invaded the rights of privacy of passengers in violation
of the due process clause. Mr. Justice Douglas was the sole dissenter.
55 Paradoxes of Legal Science, p. 98 (1928). 58 Olmstead v. United States, 277 U.S. 438, 478 (1928). In this case
443
VOL. 22, JANUARY 31, 1968 443 444 SUPREME COURT REPORTS ANNOTATED
Morfe vs. Mutuc Morfe vs. Mutuc
to unity. His separateness, his isolation, are indefeasible; Court. It is not so in the United States 63
where, in the
indeed, they are so fundamental that they are the basis on leading case of Griswold v. Connecticut, Justice Douglas,
which his civic obligations are built. He cannot abandon speaking for five members of the Court, stated: "Various
the consequences of his isolation, which are, broadly guarantees create zones of privacy. The right of association
speaking, that his experience is private, and the will built contained in the penumbra of the First Amendment is one,
out of that experience personal to himself. If he surrenders as we have seen. The Third Amendment in its prohibition
his will to others, he surrenders his personality. If his will against the quartering of soldiers 'in any house' in time of
is set by the will of others, he ceases to be master of peace without the consent of the owner is another facet of
himself. I cannot believe that a 59man no longer master of that privacy. The Fourth Amendment explicitly affirms the
himself is in any real sense free." 'right of the people to be secure in their persons, houses,
Nonetheless, in view of the fact that there is an express papers, and effects, against unreasonable searches and
recognition of privacy, specifically that of communication seizures.' The Fifth Amendment In its Self-Incriminati on
and correspondence which "shall be inviolable except upon 60
Clause enables citizen to create a zone of privacy which
lawful order of Court or when public safety and order" government may not force him to surrender t o hi s
may otherwise 61require, and implicitly in the 62
search and detrimen t. The Ninth Amendment provides: The
seizure clause, and the liberty of abode the alleged enumeration in the Constitution, of certain rights, shall not
repugnancy of such statutory requirement of further fee construe d to deny or disparage others retained by the
periodical submission of a sworn statement of assets and people." After referring
64
to various American Supreme
liabilities deserves to be further looked into. Court decisions, Justice Douglas continued: "These cases
In that respect the question is one of first impression, no bear witness that the right of privacy which presses for
previous decision having been rendered by this recognition is a legitimate one."
The Griswold case invalidated a Connecticut statute
_______________ which made the u se of contraceptives a criminal offense on
the ground of its amounting to an unconstitutional invasion
59 Laski, Liberty in the Modern State, 44 (1944). Also "Secrecy of the right of privacy of married persons; rightfully it
nevertheless may be an important component of the core idea of privacy as stressed "a relationship lying within the zone of privacy
a public-law concept, and to this probably should be added the factor of created by
65
several fundamental constitutional
'solitude'—freedom from certain social impositions and pressures. The guarantees." It has wider implications though. The
meaning of privacy, as thus refined and separated from a generalized constitutional right to privacy has come into its own.
concept of freedom, may be fairly well encompassed by the twin ideas of So it is likewise in our jurisdiction. The right to privacy
secrecy, which protects the non-disclosure interest, and solitude, which as such is accorded recognition independently of its
protects against coercion of belief or, derivatively, against actions identification with liberty; in itself, it is fully deserving of
designed to make the holding of belief uncomfortable, or against any constitutional protection. The language of Prof.
undue social instrusions on the intimacies and dignities of life. As already
noted, however, these twin ideas are Janus-faced, because secrecy in the
_______________
context of associational privacy is an activist concept supporting political
action, whereas solitude in the context of nondisclosure of nonconfirmity is 63 381 U. S. 479, 484 (1965).
a passivist, right-to-be-let-alone concept." Dixon, The Griswold Penumbra, 64 Boyd v. United States, 116 U.S. 616 (1886); Breard v. City of
64 Mich. Law Rev. 197, 205, (1955.) Alexandria, 341 U.S. 622 (1951); Public Utilities Comm. v. Pollak, 341
60 Art. III, Sec. I, par. 5, Constitution. U.S. 451 (1952); Frank v. Maryland 359 U.S. 360 (1959); Monroe v. Pape,
61 Art. III, Sec. I, par. 3, Constitution. 365 U.S. 167 (1967); Mapp v. Ohio, 367 U.S. 643 (1961); Lanza v. New
62 Art. III, Sec. I, par. 4, Constitution. York, 370 U.S. 139 (1962).
65 Id. at p. 485.
444
445
VOL. 22, JANUARY 31, 1968 445 446 SUPREME COURT REPORTS ANNOTATED
Morfe vs. Mutuc Morfe vs. Mutu
Emerson is particularly apt: "The concept of limited sory revelation of his assets and liabilities, including the
government has always included the idea that statement of the amounts and sources of income, the
governmental powers stop short of certain intrusions into amounts of personal and f amily expenses, and the amount
the personal life of the citizen. This is indeed one of the of income taxes paid for the next preceding calendar year,
basic distinctions between absolute and limited there is no unconstitutional intrusion into what otherwise
government. Ultimate and pervasive control of the would be a private sphere.
individual, in all aspects of his life, is the hallmark of the 5. Could it be said, however, as plaintiff contends, that
absolute state. In contrast, a system of limited government insofar as the challenged provision requires the periodical
safeguards a private sector, which belongs to the filing of a sworn statement of financial condition, it would
individual, firmly distinguishing it from the public sector, be violative of the guarantees against unreasonable search
which the state can control. Protection of this private sector and seizure and against self-incrimination?
—protection, in other words, of the dignity and integrity of His 67complaint cited on this point Davis v. United
the individual—has become increasingly important as States. In that case, petitioner Davis was convicted under
modem society has developed. AII the forces of a an information charging him with unlawfully having in his
technological age—industrialization, urbanization, and possession a number of gasoline ration coupons
organIzation—operate to narrow the area of privacy and representing so many gallons68 of gasoline, an offense
facilitate intrusion into it. In modern terms, the capacity to penalized under a 1940 statute. He was convicted both in
maintain and support this enclave of private life marks the the lower court and in the Circuit Court of Appeals over the
difference
66
between a democratic and a totalitarian objection that there was an unlawful search which resulted
society." in the seizure of the coupons and that their use at69 the trial
Even with due recognition of such a view, it cannot be was in violation of Supreme Court decisions. In the
said that the challenged statutory provision calls for District Court, there was a finding that he consented to the
disclosure of information which infringes on the right of a search and seizure. The Circuit Court of Appeals did not
person to privacy. It cannot be denied that the rational disturb that finding although expressed doubt concerning
relationship such a requirement possesses with the it, affirming however under the view that such seized
objective of a valid statute goes very far in precluding coupons were properly introduced in evidence, the search
assent to an objection of such character. This is not to say and seizure being incidental to an arrest, and therefore
that a public off icer, by virtue of a position he holds, is reasonable regardless of petitioner's consent.
bereft of constitutional protection; it is only to emphasize In affirming the conviction the United States Supreme
that in subjecting hi m to s u ch a fur ther co Court, through Justice Douglas emphasized that the Court
was dealing in this case "not with private papers or
_______________ documents, but with gasoline ration coupons which never
became the private property of the holder but remained at
66 Emerson, Nine Justices in Search of a Doctrine, 64 Mich. Law. Rev. all times the property of the government
219, 229 (1965). But compare the pungent observation of a knowledgeable
and highly literate critic of the social scene: "Privacy? What's that? There
_______________
is no precise word for it in Filipino, and as far as I know any Filipino
dialect and there is none because there is no need for it. The concept and 67 328 U.S. 582 (1946).
practice of privacy are missing from conventional Filipino life. The 68 54 Stat. 676 as amended by the Act of May 31, 1940; 55 Stat. 236.
Filipino believes that privacy is an unnecessary imposition, an eccentricity 69 Weeks v. United States, 232 U.S. 383 and United States v.
that is barely pardonable or, at best, an esoteric Wester n afterthoug ht Lefkowitz, 285 U.S. 452.
smack in g of trickery." Guerrero-Nakpil, Consensus of One, Sunday
447
Times Magazine, Sept. 24, 1967, at pa. 18.
446
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70 73
and subject to inspection and recall by it." He made it no, where this Court, through Chief Justice Concepcion,
clear that the opinion was not to be understood as after stressing that the constitutional requirements must
suggesting "that officers seeking to reclaim government be strictly complied with, and that it would be "a legal
property may proceed lawlessly and subject to no heresy of the' highest order" to convict anybody of a
restraints. Nor [does it] suggest that the right to inspect violation of certain statutes without reference to any of its
under the regulations subjects a dealer to a general search determinate provisions delimited its scope as "one of the
of his papers for the purpose of learning whether he has most fundamental rights guaranteed in our Constitution,"
any coupons subject to inspection and seizure. The nature safeguarding "the sanctity of the domicile and the privacy
of the coupons is important here merely as indicating that of communication and correspondence x x x." Such is
the officers did not exceed 71 the permissible limits of precisely the evil sought to be remedied by the
persuasion in obtaining them." constitutional provision above quoted—to outlaw the so-
True, there was a strong dissenting opinion by Justice called general warrants.
Frankfurter in which Justice Murphy joined, critical of It thus appears clear that no violation of the guarantee
what it considered "a process of devitalizing interpretation" against unreasonable search and seizure has been shown to
which in this particular case gave approval "to what was exist by such requirement of further periodical submission
done by arresting officers" and expressing the regret that of one's financial condition as set forth in the Anti-Graft
the Court might be "in danger of forgetting that the Bill of Act of 1960.
Rights reflects experience with police excesses." Nor does the contention of plaintiff gain greater
Even this opinion, however, concerned that the plausibility, much less elicit acceptance, by his invocation
constitutional guarantee against unreasonable search and of the non-incrimination clause. According to the
seizure "does not give freedom from testimonial Constitution: "No 74person shall be compelled to be a witness
compulsion. Subject to familiar qualifications every man is against himself ," This constitutional provision gives the
under obligation to give testimony. But that obligation can accused immunity from any attempt by the prosecution to
be exacted only under judicial sanctions which are deemed make easier its task by coercing or intimidating him to
precious to Anglo-American civilization. Merely because furnish the evidence necessary to convict. He may confess,
there may be the duty to make documents available for but only if he voluntarily wills it. He75
may admit certain
litigation does not mean that police officers may forcibly or facts but only if he freely chooses to. Or he could remain
fraudulently obtain them. This protection of the right to be silent,
76
and the prosecution is powerless to compel him to
let alone except under responsible judicial compulsion is talk. Proof is not solely testimonial in character. It may be
precisely what the72 Fourth Amendment meant to express documentary. Neither then could the accused be ordered to
and to safeguard." write, when what comes from 77
his pen may constitute
It would appear then that a reliance on that case for an evidence of guilt or innocence. Moreover, there can be no
allegation that this statutory provision offends against the search or seizure of his house, papers or effects for the
unreasonable search and seizure -clause would be futile purpose of locating
and unavailing. This is the more so in the light of the latest
decision of this Court in Stonehill v. Diok- _______________
449
448 SUPREME COURT REPORTS ANNOTA
VOL. 22, JANUARY 31, 1968 449 450 SUPREME COURT REPORTS ANNOTATED
Morfe vs. Mutuc Morfe vs. Mutuc
78 81
incriminatory matter. in this proceeding."
In a declaratory action proceeding then, the objection 6. Nor could such a p rovision be nullified on the
based on the guaranty against self-incrimination is far allegation that it constitutes "an insult to the personal
from decisive. It is well to note what Justice Tuason stated: integrity and official dignity" of public officials. On its face,
"What the above inhibition seeks to79[prevent] is compulsory it cannot thus be stigmatized. As to its being unnecessary,
disclosure of incriminating facts." Necessarily then, the it is well to remember that this Court, in the language of
protection it affords will have to await, in the language of Justice Laurel, "does not pass upon questions
82
of wisdom,
Justice J. B. L. Reyes, the existence of80 actual cases, "be justice or expediency of legislation." As expressed by
they criminal, civil or administrative." Prior to such a Justice Tuason: "It is not the province of the courts to
stage, there is no pressing need to pass upon the validity of supervise legislation and keep it within the bounds of
the fear sincerely voiced that there is an infringement of propriety and common sense. 83That is primarily and
the non-incrimination clause. What was said in an exclusively a legislative concern." There can be no possible
American State decision is of relevance. In that case, a objection then to the observation of Justice Montemayor:
statutory provision requiring any person operating a motor "As long as laws do not violate any Constitutional
vehicle, who knows that injury has been caused a person or provision, the Courts merely interpret and apply them 84
property, to stop and give his name, residence, and his regardless of whether or not they are wise or salutary."
license number to the injured party or to a police officer For they, according to Justice Labrador, "are not supposed
was sustained against the contention that the information to override legitimate policy
85
and x x x never inquire into
thus exacted may be used as evidence to establish his the wisdom of the law."
connection with the injury.and therefore compels him to It is thus settled, to paraphrase Chief Justice 86
incriminate himself. As was stated in the opinion: "If the Concepcion in Gonzales v. Commission on Elections, that
law which exacts this information is invalid, because such only congressional power or competence, not the wisdom of
information, although in itself no evidence of guilt, might the action taken, may be the basis for declaring a statute
possibly. lead to a charge of crime against the informant, invalid. This is as it ought to be. The principle of separation
then all police regulations which involve identification may of powers has in the main wisely allocated the respective
be questioned on the same ground. We are not aware of any authority of each department and confined its jurisdiction
constitutional provision designed to protect a man's to such a sphere. There would then be intrusion not
conduct from judicial inquiry, or aid him in fleeing from allowable under the Constitution if on a matter left to the
justice. But, even if a constitutional right be involved, it is discretion of a coordinate branch, the judiciary would
not necessary to invalidate the statute to secure its substitute its own. If there be adherence to the rule of law,
protection. If, in this particular case, the constitutional as there ought to be, the last
privilege justified the refusal to give the information
exacted by the statute, that question can be raised in the _______________
defense to the pending prosecution. Whether it would avail,
we are not called upon to decide 81 Ex parte Kneedler, 147 S. W. 983, 984 (1912)
82 Angara v. Electoral Commission, 63 Phil. 139 (1936).
83 People vs. Carlos, 78 Phil. 535, 548 (1947).
_______________
84 Quintos v. Lacson, 97 Phil. 290, 293 (1955)..
78 Boyd v. United States, 116 U.S. 616 (1886), but see Warden v. 85 Ichong v. Hernandez, 101 Phil. 1155, 1166 (1957).
Hayden, 18 L. ed. 2d 182 (1967). 86 L-28196, Nov. 9, 1967. There is nothing in the separate opinion of
79 People v. Carillo, 77 Phil. 572 (1946). Justice Sanchez to which five other justices concurred that calls for a
80 Suarez v. Tengco, L-17113, May 23, 1961. different conclusion, the point of disagreement being in the earnestly held
conviction of this group that Congress exceeded its legitimate authority
450
under the Constitution.
451
Decision reversed.
_______________
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