Garcia v.

Mata – 65 SCRA 517 [1975

FACTS:
 Petitioner EUSEBIO B GARCIA was a reserve officer on active duty with the ARMED FORCES
OF THE PHILIPPINES until 15 NOVEMBER 1960 pursuant to the passage of RA No.2334
entitled “An Act Providing For The Rotation Of Reserve Officers Of The Armed Forces Of The
Philippines In The Active Military Service.”
 From 8 JUNE 1955, when RA 1382, entitled “An Act Granting Reserve Officers With At Least Ten
Years Of Active Accumulated Commissioned Service Security From Reversion.”, took effect,
petitioner had clocked in a total of 9 years, 4 months, and 12 days of accumulated active
commission service in the AFP
 11 JULY 1956, when RA 1600,“An Act Appropriating Funds for the Operation of the Government
of the Republic of the Philippines During the Period from July First, Nineteen Hundred and Fifty-
Six to June Thirtieth, Nineteen Hundred and Fifty-Seven, and for Other Purposes”, took effect,
petitioner had a total of 10 years, 5 months and 5 days in the AFP
 "Petitioner's reversion to inactive status on 15 November 1960 was pursuant to the provisions of
Republic Act 2334, and such reversion was neither for cause, at his own request, nor after court-
martial proceedings. From 15 November 1960 up to the present, petitioner has been on inactive
status and as such, he has neither received any emoluments from the Armed Forces of the
Philippines, nor was he ever employed in the Government in any capacity; As a consequence of
his reversion to inactive status, petitioner filed the necessary petitions with the offices of the AFP
CHIEF OF STAFF, THE SECRETARY OF NATIONAL DEFENSE, and THE PRESIDENT,
respectively, but received reply only from the Chief of Staff through the AFP ADJUTANT
GENERAL."
 17 SEPTEMBER 1969 petitioner filed for Mandamus and Recovery of a Sum of Money in the
court to compel respondents 
o to reinstate him in the active commissioned service of the AFP
o Adjust his rank
o Pay all emoluments and allowances due him from the time of reversion to inactive status
 2 DECEMBER 1970 trial court dismissed the petition
o The court ruled that paragraph 11 of the "Special Provisions for the Armed Forces of the
Philippines" in Republic Act 1600 is "invalid, unconstitutional and inoperative."
ISSUE: Whether or not RA 1600 is invalid for containing a rider in an appropriation bill? YES
RULING: ACCORDINGLY, the instant petition is denied, and the decision of the lower court dismissing
the complaint is hereby affirmed. No pronouncement as to costs.
HELD:
 The petitioner's accumulated active commissioned service was thus short of the minimum service
requirement prescribed in the aforequoted provision of R.A. 1382.
 ON RA 1600
o the respondents contend that the said provision has no relevance or pertinence
whatsoever to the budget in question or to any appropriation item contained therein, and
is therefore proscribed by Art. VI, Sec. 19, par. 2 (PAR 11 OF RA 1600; petitioner argues
his reversion to inactive status was in violation of the provision which “prohibits reversion
to inactive status of reserve officers on active duty with at least 10 years of accumulated
active commissioned service”
o A perusal of the challenged provision of R.A. 1600 fails to disclose its relevance or
relation to any appropriation item therein, or to the Appropriation Act as a whole.
o But when an act contains provisions which are clearly not embraced in the subject of the
act, as expressed in the title, such provisions are inoperative and without effect.
o But, if a provision in the body of [RA 1600] is not fairly included in this restricted subject,
like the provision relating to the policy matters of calling to active duty and reversion to
inactive duty of reserve officers of the AFP, such provision is inoperative and of no effect.
 Upon the foregoing dissertation, we declare Paragraph 11 of the SPECIAL PROVISIONS
FOR THE ARMED FORCES OF THE PHILIPPINES unconstitutional, invalid and
inoperative. Being unconstitutional, it confers no right and affords no protection. In legal
contemplation it is as though it has never been passed.