52. Tiu vs.

CA,

GR No. 127410, 20 Jan 1999

Doctrine

If the groupings are characterized by substantial distinctions that make real differences, one class may be treated and
regulated differently from another. The classification must also be germane to the purpose of the law and must
apply to all those belonging to the same class. The equal protection of the law clause is against undue favor and
individual or class privilege, as well as hostile discrimination or the oppression of inequality.

Recit Ready

The petitioners challenged before this Court the constitutionality of EO 97-A for allegedly being violative of their
right to equal protection of the laws. Petitioners petition for review under Rule 45 of the Rules of Court, seeking the
reversal of the Court of Appeals. The challenged Decision upheld the constitutionality and validity of Executive
Order No. 97-A (EO 97-A), according to which the grant and enjoyment of the tax and duty incentives authorized
under Republic Act No. 7227 (RA 7227) were limited to the business enterprises and residents within the fenced-in
area of the SSEZ. SC decided that the order is not violative of the equal protection clause; neither is it
discriminatory. Rather, there is real and substantive distinctions between the circumstances obtaining inside and
those outside the Subic Naval Base, thereby justifying a valid and reasonable classification. The fundamental right
of equal protection of the laws is not absolute, but is subject to reasonable classification. the classification applies
equally to all the resident individuals and businesses within the “secured area.” The residents, being in like
circumstances or contributing directly to the achievement of the end purpose of the law, are not categorized further.
Instead, they are all similarly treated, both in privileges granted and in obligations required. The Court holds that no
undue favor or privilege was extended. The classification occasioned by EO 97-A was not unreasonable, capricious
or unfounded.

Facts

 Congress, with the approval of the President, passed RA 7227. This was for the conversion of former military
bases into industrial and commercial uses. Thus, Subic was made into a special economic zone.
 In the zone, there were no exchange controls. Tax incentives and duty free importation policies were granted
to raw materials, capital goods and equipment brought in by business enterprises into the SSEZ
 President Fidel V. Ramos issued Executive Order No. 97 (EO 97), clarifying the application of the tax and
duty incentives. In lieu of all local and national taxes (except import taxes and duties), all business enterprises
in the SSEZ shall be required to pay the tax specified in Section 12(c) of R.A. No. 7227.
 A specifying the area within which the tax-and-duty-free privilege was made operative. The Secured Area
consisting of the presently fenced-in former Subic Naval Base shall be the only completely tax and duty-free
area in the SSEZ. Business enterprises and individuals (Filipinos and foreigners) residing within the Secured
Area are free to import raw materials, capital goods, equipment, and consumer items tax and duty-free.
 Petitioners challenged the constitutionality of EO 97-A for allegedly being violative of their right to equal
protection of the laws. This was due to the limitation of tax incentives to Subic and not to the entire area of
Olongapo.
 The appellate court concluded that such being the case, petitioners could not claim that EO 97-A is
unconstitutional, while at the same time maintaining the validity of RA 7227. The court a quo also explained
that the intention of Congress was to confine the coverage of the SSEZ to the "secured area" and not to
include the "entire Olongapo City and other areas mentioned in Section 12 of the law.

Issue

W/N the provisions of Executive Order No. 97-A a violation of the equal protection clause. [No]

Held
The fundamental right of equal protection of the laws is not absolute, but is subject to reasonable classification. If
the groupings are characterized by substantial distinctions that make real differences, one class may be treated and
regulated differently from another. The classification must also be germane to the purpose of the law and must apply
to all those belonging to the same class.

Equal protection does not demand absolute equality among residents; it merely requires that all persons shall be
treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced.

Classification, to be valid, must (1) rest on substantial distinctions, (2) be germane to the purpose of the law, (3) not
be limited to existing conditions only, and (4) apply equally to all members of the same class.

RA 7227 aims primarily to accelerate the conversion of military reservations into productive uses. This was really
limited to the military bases as the law's intent provides. Moreover, the law tasked the BCDA to specifically develop
the areas the bases occupied.

Among such enticements are: (1) a separate customs territory within the zone, (2) tax-and-duty-free importations,
(3) restructured income tax rates on business enterprises within the zone, (4) no foreign exchange control, (5)
liberalized regulations on banking and finance, and (6) the grant of resident status to certain investors and of
working visas to certain foreign executives and workers. The target of the law was the big investor who can pour in
capital.

Even more important, at this time the business activities outside the "secured area" are not likely to have any impact
in achieving the purpose of the law, which is to turn the former military base to productive use for the benefit of the
Philippine economy. Hence, there was no reasonable basis to extend the tax incentives in RA 7227.

It is well-settled that the equal-protection guarantee does not require territorial uniformity of laws. As long as there
are actual and material differences between territories, there is no violation of the constitutional clause.

Besides, the businessmen outside the zone can always channel their capital into it. RA 7227, the objective is to
establish a "self-sustaining, industrial, commercial, financial and investment center”. There will really be differences
between it and the outside zone of Olongapo. The classification of the law also applies equally to the residents and
businesses in the zone. They are similarly treated to contribute to the end goal of the law.