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NatRes Case Digests commitment of the parties to pursue peace negotiations, protect and

1st meeting respect human rights, negotiate with sincerity in the resolution and
pacific settlement of the conflict, and refrain from the use of threat or
force to attain undue advantage while the peace negotiations on the
Province of North Cotabato vs. GRP substantive agenda are on-going.

Facts: Petitioners filed the instant petition invoking the right to information
on matters of public concern, petitioners seek to compel respondents
The MILF, a rebel group, attacked a number of municipalities in to disclose and furnish them the complete and official copies of the
Central Mindanao. In response, then President Joseph Estrada MOA-AD including its attachments, and to prohibit the slated signing
declared and carried out an “all-out war” against the MILF. of the MOA-AD, pending the disclosure of the contents of the MOA-
AD and the holding of a public consultation thereon. Supplementarily,
When President Gloria Macapagal-Arroyo assumed office, the military petitioners pray that the MOA-AD be declared unconstitutional.
offensive against the MILF was suspended and the government
sought a resumption of the peace talks. A day before the signing of the MOA-AD, the Court issued a
Temporary Restraining Order against said Agreement.
President Arroyo asked the Government of Malaysia to help convince
the MILF to return to the negotiating table. MILF eventually agreed.
Issue:
After several exploratory talks, between the parties in Kuala Lumpur,
eventually leading to the crafting of the draft MOA-AD in its final Whether or not the MOA-AD is constitutional.
form, which, as mentioned, was set to be signed last August 5, 2008.
Ruling:
The signing of the MOA-AD between the GRP and the MILF was not to
materialize, however, for upon motion of petitioners, specifically The MOA-AD cannot be reconciled with the present Constitution and
those who filed their cases before the scheduled signing of the MOA- laws. Not only its specific provisions but the very concept underlying
AD, this Court issued a Temporary Restraining Order enjoining the them, namely, the associative relationship (a state within a state)
GRP from signing the same. envisioned between the GRP and the BJE, are unconstitutional, for
the concept presupposes that the associated entity is a state and
The Solicitor General, who represents respondents, summarizes the implies that the same is on its way to independence.
MOA-AD by stating that the same contained, among others, the
While there is a clause in the MOA-AD stating that the provisions
thereof inconsistent with the present legal framework will not be
effective until that framework is amended, the same does not cure its
defect. The inclusion of provisions in the MOA-AD establishing an
associative relationship between the BJE and the Central Government
is, itself, a violation of the Memorandum of Instructions from the
President, dated March 1, 2001, addressed to the government peace
panel. Moreover, as the clause is worded, it virtually guarantees that
the necessary amendments to the Constitution and the laws will
eventually be put in place. Neither the GRP Peace Panel nor the
President herself is authorized to make such a guarantee. Upholding
such an act would amount to authorizing a usurpation of the
constituent powers vested only in Congress, a Constitutional
Convention, or the people themselves through the process of
initiative, for the only way that the Executive can ensure the outcome
of the amendment process is through an undue influence or
interference with that process.
La Bugal-B’Laan Tribal Association, Inc. vs. Ramos Issue:

Facts: Whether or not RA 7942 is unconstitutional.

In 1995, President Fidel V. Ramos approved R.A. No. 7942, or the Ruling:
Philippine Mining Act of 1995, to govern the exploration,
development, utilization and processing of all mineral resources. Its Yes. The 1987 Constitution retained the Regalian doctrine, under
Implementing Rules and Regulations were embodied in a DENR which all lands of the public domain and all natural resources were
Administrative Order. deemed owned by the State.

On March 30, 1995, the President entered into a financial and The constitutional policy of the State’s “full control and supervision”
technical assistance agreement (FTAA) with Western Mining over natural resources proceeded from the concept of jura regalia, as
Corporation Philippines, Inc. (WMCP) covering 99,387 hectares of well as a recognition of the importance of the country’s natural
land in South Cotabato, Sultan Kudarat, Davao del Sur and North resources, not only for national economic development, but also for
Cotabato. security and national defense.

Counsels for petitioners sent a letter to the DENR secretary, Conspicuously absent in Section 2 was the proviso in the 1935 and the
demanding that the Department stop the implementation of RA 7942 1973 Constitutions authorizing the State to grant licenses,
and its IRR. Subsequently, they filed before the Supreme Court a concessions, or leases for the exploration, development or utilization
Petition for prohibition and mandamus, with a prayer for a temporary of natural resources. By that omission, the exploitation of inalienable
restraining order. lands of the public domain through those modes was no longer
allowed under the 1987 Constitution.
They alleged that RA 7942 was unconstitutional, because it allowed
fully foreign-owned corporations to explore, develop and exploit The fourth and the fifth paragraphs of Section 2, allowed the
mineral resources in a manner contrary to Section 2 (paragraph 4) of participation of foreign-owned corporations in the exploration,
Article XII of the Constitution. development, and utilization of natural resources, subject to certain
limitations or conditions:
Petitioners also claimed that the FTAA between the President of the
Republic of the Philippines and WMCP was illegal and 1. Only the President, on behalf of the State, may enter into
unconstitutional. these agreements, and only with corporations.
2. Only large-scale exploration, development, and utilization was
allowed.
3. Restricted to minerals, petroleum and other mineral oils
(areas where Filipino capital may not be sufficient) Perhaps apprehensive that the sale of 51% of the MHC may be
4. Only for FTAA hastened by respondent GSIS, petitioner came to the Court on
5. The President shall notify Congress within 30 days prohibition and mandamus. The Court issued a temporary restraining
order enjoining respondents from perfecting and consummating the
For being a constitutionally prohibited service contract, the WMCP sale to the Malaysian firm.
FTAA was also nullified by the Court.
Petitioner’s argument:
Manila Prince Hotel vs. GSIS
1. Petitioner invokes Sec. 10, second par., Art. XII, of the 1987
Facts: Constitution and submits that the Manila Hotel has been
identified with the Filipino nation and has practically become a
The controversy arose when respondent GSIS, pursuant to the historical monument which reflects the vibrancy of Philippine
privatization program of the Philippine Government under heritage and culture. To all intents and purposes, it has
Proclamation No. 50 dated 8 December 1986, decided to sell through become a part of the national patrimony.
public bidding 30-51% of the issued and outstanding shares of
respondent MHC. 2. Petitioner also argues that since 51% of the shares of the MHC
carries with it the ownership of the business of the hotel
In a close bidding held on 18 September 1995 only two (2) bidders which is owned by respondent GSIS, a government-owned and
participated: petitioner Manila Prince Hotel Corporation, a Filipino controlled corporation, the hotel business of respondent GSIS
corporation, and Renong Berhad, a Malaysian firm, with ITT-Sheraton being a part of the tourism industry is unquestionably a part of
as its hotel operator, which bid for the same number of shares for the national economy.
P2.42 more than the bid of petitioner.
3. It is also the thesis of petitioner that since Manila Hotel is part
Pending the declaration of Renong Berhad as the winning of the national patrimony and its business also unquestionably
bidder/strategic partner and the execution of the necessary contracts, part of the national economy petitioner should be preferred
petitioner in a letter to respondent GSIS dated 28 September 1995 after it has matched the bid offer of the Malaysian firm.
matched the bid price tendered by Renong Berhad.
Respondent’s argument:
Petitioner sent a manager’s check issued by Philtrust Bank for 33M
which respondent GSIS refused to accept.
1. Sec. 10, second par., Art. XII, of the 1987 Constitution is If the constitutional provisions are treated as requiring
merely a statement of principle and policy since it is not a self- legislation instead of self-executing, the legislature would have
executing provision and requires implementing legislation. the power to ignore and practically nullify the mandate of the
2. Granting that this provision is self-executing, Manila Hotel fundamental law. This can be cataclysmic.
does not fall under the term national patrimony which only
refers to lands of the public domain, waters, minerals, coal, But, certainly, the legislature is not precluded from enacting
petroleum and other mineral oils, all forces of potential further laws to enforce the constitutional provision so long as
energy, fisheries, forests or timber, wildlife, flora and fauna the contemplated statute squares with the Constitution.
and all marine wealth in its territorial sea, and exclusive Minor details may be left to the legislature without impairing
marine zone as cited in the first and second paragraphs of Sec. the self-executing nature of constitutional provisions.
2, Art. XII, 1987 Constitution.
3. Granting that the Manila Hotel forms part of the national 2. Sec. 10, second par., Art. XII of the 1987 Constitution is a
patrimony, the constitutional provision invoked is still mandatory, positive command which is complete in itself and
inapplicable since what is being sold is only 51% of the which needs no further guidelines or implementing laws or
outstanding shares of the corporation, not the hotel building rules for its enforcement.
nor the land upon which the building stands.
4. Respondents postulate that the privilege of submitting a When our Constitution mandates that in the grant of rights,
matching bid has not yet arisen since it only takes place if for privileges, and concessions covering national economy and
any reason, the Highest Bidder cannot be awarded the Block patrimony, the State shall give preference to qualified
of Shares. Filipinos, it means just that-- qualified Filipinos shall be
preferred.
Issue:
3. Manila Hotel has become a landmark- a living testimonial of
1. Whether or not Sec. 10, second par., Art. XII is self-executing. Philippine heritage- While it was restrictively an American
hotel when it first opened in 1912, it immediately evolved to
Ruling: be truly Filipino. Formerly a concourse for the elite, it has
since then become the venue of various significant events
1. Yes. Unless it is expressly provided that a legislative act is which have shaped Philippine history. It was called the
necessary to enforce a constitutional mandate, the Cultural Center of the 1930Ês. It was the site of the festivities
presumption now is that all provisions of the constitution are during the inauguration of the Philippine Commonwealth,
self-executing. Dubbed as the Official Guest House of the Philippine
Government it plays host to dignitaries and official visitors
who are accorded the traditional Philippine hospitality. Issue:

Whether R.A. 9522 is constitutional?

Ruling:

Magallona et al. vs. Executive Secretary Ermita 1. UNCLOS III has nothing to do with acquisition or loss of territory. it
is just a codified norm that regulates conduct of States. On the other
Facts: hand, RA 9522 is a baseline law to mark out basepoints along coasts,
serving as geographic starting points to measure. it merely notices the
In 1961, Congress passed R.A. 3046 demarcating the maritime international community of the scope of our maritime space.
baselines of the Philippines as an Archipelagic State pursuant to
UNCLOS I of 9158, codifying the sovereignty of State parties over their 2. If passages is the issue, domestically, the legislature can enact
territorial sea. Then in 1968, it was amended by R.A. 5446, correcting legislation designating routes within the archipelagic waters to
some errors in R.A. 3046 reserving the drawing of baselines around regulate innocent and sea lanes passages. but in the absence of such,
Sabah. international law norms operate.

In 2009, it was again amended by R.A. 9522, to be compliant with the the fact that for archipelagic states, their waters are subject to both
UNCLOS III of 1984. The requirements complied with are: to shorten passages does not place them in lesser footing vis a vis continental
one baseline, to optimize the location of some basepoints and classify coastal state. Moreover, RIOP is a customary international law, no
KIG and Scarborough Shoal as ‘regime of islands’. modern state can invoke its sovereignty to forbid such passage.

Petitioner now assails the constitutionality of the law for three main 3. On the KIG issue, RA 9522 merely followed the basepoints mapped
reasons: by RA 3046 and in fact, it increased the Phils.’ total maritime space.
Moreover, the itself commits the Phils.’ continues claim of
1. it reduces the Philippine maritime territory under Article 1; sovereignty and jurisdiction over KIG.
2. it opens the country’s waters to innocent and sea lanes passages
hence undermining our sovereignty and security; and If not, it would be a breach to 2 provisions of the UNCLOS III:
3. treating KIG and Scarborough as ‘regime of islands’ would weaken
our claim over those territories. Art. 47 (3): ‘drawing of basepoints shall not depart to any appreciable
extent from the general configuration of the archipelago’.
property he holds in trust for the benefit of the plaintiff minors and
Art 47 (2): the length of baselines shall not exceed 100 mm. succeeding generations.

KIG and SS are far from our baselines, if we draw to include them, Issue:
we’ll breach the rules: that it should follow the natural configuration
of the archipelago. Whether or not the petitioners have the locus standi in the case.

Oposa v. Factoran Ruling:

Facts: Yes. The Court finds no difficulty in ruling that petitioners can, for
themselves, for others of their generation and for the succeeding
A taxpayer’s class suit was filed by minors Juan Antonio Oposa, et al., generations, file a class suit. Their personality to sue in behalf of the
representing their generation and generations yet unborn, and succeeding generations can only be based on the concept of
represented by their parents against Fulgencio Factoran Jr., Secretary intergenerational responsibility insofar as the right to a balanced and
of DENR. They prayed that judgment be rendered ordering the healthful ecology is concerned.
defendant, his agents, representatives and other persons acting in his
behalf to: Such a right, as hereinafter expounded, considers the "rhythm and
harmony of nature." Nature means the created world in its entirety.
1. Cancel all existing Timber Licensing Agreements (TLA) in the Such rhythm and harmony indispensably include, inter alia, the
country; judicious disposition, utilization, management, renewal and
conservation of the country's forest, mineral, land, waters, fisheries,
2. Cease and desist from receiving, accepting, processing, renewing, wildlife, off-shore areas and other natural resources to the end that
or appraising new TLAs; and granting the plaintiffs “such other reliefs their exploration, development and utilization be equitably accessible
just and equitable under the premises.” to the present as well as future generations. 10 Needless to say, every
generation has a responsibility to the next to preserve that rhythm
They alleged that they have a clear and constitutional right to a and harmony for the full enjoyment of a balanced and healthful
balanced and healthful ecology and are entitled to protection by the ecology.
State in its capacity as parens patriae.
Put a little differently, the minors' assertion of their right to a sound
Furthermore, they claim that the act of the defendant in allowing TLA environment constitutes, at the same time, the performance of their
holders to cut and deforest the remaining forests constitutes a obligation to ensure the protection of that right for the generations to
misappropriation and/or impairment of the natural resources come.
Resident Marine Mammals v. Sec. Angelo Reyes Petitioners filed the present Petitions for Certiorari, Mandamus, and
Injunction to enjoin respondents from implementing SC-46 and to
Facts: have it nullified for willful and gross violation of the 1987 Constitution
and certain international and municipal laws.
In 2002, the Government of the Philippines, acting through the DOE,
entered into a Geophysical Survey and Exploration Contract with In opposition, public respondents argue that the Stewards don’t have
JAPEX. This contract involved geological and geophysical studies of legal standing on the ground that they are representing animals,
the Tañon Strait. JAPEX also conducted geophysical and satellite which cannot be parties to an action.
surveys, as well as oil and gas sampling in Tañon Strait.
Issue:
In 2004, JAPEX and DOE formally converted this to a service contract
for the exploration, development, and production of petroleum Whether or not the Stewards have the right to represent animals.
resources in a block thousands of kilometers offshore the Tañon
Strait. Held:

JAPEX committed to drill one exploration well which is in the marine Yes. The Supreme Court in its ruling cited the landmark Rules of
waters declared to be a protected seascape, it agreed to comply with Procedure for Environmental Cases which allow for a "citizen suit,"
the Environmental Impact Assessment requirements pursuant to PD and permit any Filipino citizen to file an action before our courts for
1586. violations of our environmental laws. The rationale behind the rule is
on the principle that humans are stewards of nature.
Months after being granted an Environmental Compliance Certificate,
JAPEX began to drill an exploratory well. In light of the foregoing, the need to give the Resident Marine
Mammals legal standing has been eliminated by our Rules, which
The petitioners, collectively referred to as the “Resident Marine allow any Filipino citizen, as a steward of nature, to bring a suit to
Mammals” are the toothed whales, dolphins, porpoises, and other enforce our environmental laws. It is worth noting here that the
cetacean species, which inhabit the waters in and around the Tañon Stewards are joined as real parties in the Petition and not just in
Strait represented by their legal guardians and Stewards and FIDAC, a representation of the named cetacean species. The Stewards, Ramos
non-profit organization for fisherfollk established in Region VII, filed a and Eisma-Osorio, having shown in their petition that there may be
complaint against the respondents for the SC-46’s violation of the possible violations of laws concerning the habitat of the Resident
1987 Constitution. Marine Mammals, are therefore declared to possess the legal
standing to file this petition.
Finally, although the petition was filed years before the effectivity of
said rule, rules of procedure has been held by the Court to apply
retroactively as there is no vested right in it.
Concerned Citizens vs. MMDA
Ruling:
Facts:
Yes. The MMDA’s duty to put up an adequate and appropriate
This case started when, on January 29, 1999, respondents Concerned sanitary landfill and solid waste and liquid disposal as well as other
Residents of Manila Bay filed a complaint before the Regional Trial alternative garbage disposal systems is ministerial, its duty being a
Court (RTC) in Imus, Cavite against several government agencies, statutory imposition. The MMDA’s duty in the area of solid waste
among them the petitioners, for the cleanup, rehabilitation, and disposal, as may be noted, is set forth not only in the Environment
protection of the Manila Bay. Code and RA 9003, but in its charter as well.

The complaint alleged that the water quality of the Manila Bay had This duty of putting up a proper waste disposal system cannot be
fallen way below the allowable standards set by law, specifically the characterized as discretionary, for, as earlier stated, discretion
Philippine Environment Code. presupposes the power or right given by law to public functionaries to
act officially according to their judgment or conscience.
Respondents prayed that petitioners be ordered to clean the Manila
Bay and submit to the RTC a concerted concrete plan of action for the A discretionary duty is one that “allows a person to exercise judgment
purpose. and choose to perform or not to perform.” Any suggestion that the
MMDA has the option whether or not to perform its solid waste
Petitioners, for their part, contended that the pertinent provisions of disposal-related duties ought to be dismissed for want of legal basis.
the Environment Code relate only to the cleaning of specific pollution
incidents and do not cover cleaning in general. Petitioners also A perusal of other petitioners’ respective charters or like enabling
asserted that the cleaning of the Manila Bay is not a ministerial act statutes and pertinent laws would yield this conclusion: these
which can be compelled by mandamus. government agencies are enjoined, as a matter of statutory
obligation, to perform certain functions relating directly or indirectly
The RTC Ordered Petitioners to Clean Up and Rehabilitate Manila Bay to the cleanup, rehabilitation, protection, and preservation of the
which the CA sustained. Hence this petition. Manila Bay. They are precluded from choosing not to perform these
duties.
Issue:
Even assuming the absence of a categorical legal provision specifically
Whether or not the cleaning of the Manila Bay is not a ministerial act prodding petitioners to clean up the bay, they and the men and
which can be compelled by mandamus. women representing them cannot escape their obligation to future
generations of Filipinos to keep the waters of the Manila Bay clean This judgment was affirmed by the supreme court, 7 Phil. 132, and
and clear as humanly as possible. the case then was brought here 9 (US Supreme Court) by writ of
Cariño vs. Insular Government error.

Facts: Issue:

The applicant and plaintiff in error is an Igorot of the Province of Whether or not the plaintiff owns the land in question.
Benguet, where the land lies. For more than 50 years before the
Treaty of Paris, as far back as the findings go, the plaintiff and his Ruling:
ancestors had held the land as owners. His grandfather, father and
himself had been recognized as owners by the Igorots, and he had Yes. The US Court held that every presumption is and ought to be
inherited or received the land from his father, in accordance with against the government in a case like the present. It might, perhaps,
Igorot custom. No document of title, however, had issued from the be proper and sufficient to say that when, as far back as testimony or
Spanish Crown. memory goes, the land has been held by individuals under a claim of
private ownership, it will be presumed to have been held in the same
In 1901 the plaintiff filed a petition, alleging ownership, under the way from before the Spanish conquest, and never to have been public
mortgage law, and the lands were registered to him, that process, land. Certainly, in a case like this, if there is doubt or ambiguity in the
however, establishing only a possessory title, it is said. Spanish law, the Court ought to give the applicant the benefit of the
doubt. Whether justice to the natives and the import of the organic
An appeal was taken to the Court of First Instance of the Province of act ought not to carry us beyond a subtle examination of ancient
Benguet, on behalf of the Government of the Philippines, and also on texts, or perhaps even beyond the attitude of Spanish law, humane
behalf of the United States, those governments having taken though it was, it is unnecessary to decide.
possession of the property for public and military purposes.

Ruling of the Court of First Instance:

The Court of First Instance found the facts and dismissed the
application upon grounds of law

Ruling of the Supreme Court of the Philippines:


Cruz vs. NCIP specific cases by those whose rights may have been violated
by the IPRA.
Facts: 2. Justice Vitug also filed a separate opinion expressing the view
that Sections 3(a), 7, and 57 of R.A. 8371 are unconstitutional.
After due deliberation on the petition, the members of the Court 3. Justices Melo, Pardo, Buena, Gonzaga-Reyes, and De Leon join
voted as follows: in the separate opinions of Justices Panganiban and Vitug.

Seven (7) voted to dismiss the petition. As the votes were equally divided (7 to 7) and the necessary majority
was not obtained, the case was redeliberated upon.
1. Justice Kapunan filed an opinion, which the Chief Justice and
Justices Bellosillo, Quisumbing, and Santiago join, sustaining However, after redeliberation, the voting remained the same.
the validity of the challenged provisions of R.A. 8371.
2. Justice Puno also filed a separate opinion sustaining all Accordingly, pursuant to Rule 56, Section 7 of the Rules of Civil
challenged provisions of the law with the exception of Section Procedure, the petition is DISMISSED.
1, Part II, Rule III of NCIP Administrative Order No. 1, series of
1998, the Rules and Regulations Implementing the IPRA, and
Section 57 of the IPRA which he contends should be
interpreted as dealing with the large-scale exploitation of
natural resources and should be read in conjunction with
Section 2, Article XII of the 1987 Constitution.
3. Justice Mendoza voted to dismiss the petition solely on the
ground that it does not raise a justiciable controversy and
petitioners do not have standing to question the
constitutionality of R.A. 8371.

Seven (7) other members of the Court voted to grant the petition.
1. Justice Panganiban filed a separate opinion expressing the
view that Sections 3 (a)(b), 5, 6, 7 (a)(b), 8, and related
provisions of R.A. 8371 are unconstitutional. He reserves
judgment on the constitutionality of Sections 58, 59, 65, and
66 of the law, which he believes must await the filing of
Calalang vs. Williams et al. on national roads and streets, is unconstitutional because it
constitutes an undue delegation of legislative power.
Facts:
The petitioner also avers that the rules and regulations complained of
Maximo Calalang, in his capacity as a private citizen and as a taxpayer infringe upon the constitutional precept regarding the promotion of
of Manila, brought before this court this petition for a writ of social justice to insure the well-being and economic security of all the
prohibition against the respondents. people.

It is alleged in the petition that the National Traffic Commission, in its Issue:
resolution resolved to:
1. Recommend to the Director of Public Works and to the 1. Whether or not CA 548 is unconstitutional.
Secretary of Public Works and Communications that animal- 2. Whether or not the IRR infringes upon the constitutional
drawn vehicles be prohibited from passing along Rosario concept regarding the promotion of social justice to insure the
Street extending from Plaza Calderon de la Barca to well-being and economic security of all the people.
Dasmarinas Street, from 7:30 a. m. to 12:30 p. m. and from
1:30 p. m. to 5:30 p. m.; and along Rizal Avenue extending Ruling:
from the railroad crossing at Antipolo Street to Echague
Street, from 7 a. m. to 11 p.m., for a period of one year from 1. No. The Legislature cannot delegate its power to make the
the date of the opening of the Colgante Bridge to traffic; law; but it can make a law to delegate a power to determine
some fact or state of things upon which the law makes, or
2. Recommended the adoption of the measure proposed in the intends to make, its own action depend.
resolution aforementioned pursuant to CA 548.
CA 548 does not confer legislative power upon the Director of
3. That as a consequence of such enforcement, all animal-drawn Public Works and the Secretary of Public Works and
vehicles are not now allowed to pass and pick up passengers Communications. The authority therein conferred upon them
in the places above-mentioned to the detriment not only of is merely to carry out the legislative policy laid down by the
their owners but of the riding public as well. National Assembly in said Act.

It is contended by the petitioner that Commonwealth Act No. 548, by To promulgate rules and regulations on the use of national
which the Director of Public Works is authorized to promulgate rules roads and to determine when and how long a national road
and regulations for the regulation and control of the use of and traffic should be closed to traffic, in view of the condition of the road
or the traffic thereon and the requirements of public
convenience and interest, is an administrative function which
cannot be directly discharged by the National Assembly.

2. No. The promotion of social justice is to be achieved not


through a mistaken sympathy towards any given group.

Social justice means the promotion of the welfare of all the


people, the adoption by the Government of measures
calculated to insure economic stability of all the competent
elements of society.

Social justice, therefore, must be founded on the recognition


of the necessity of interdependence among divers and diverse
units of a society and of the protection that should be equally
and evenly extended to all groups as a combined force in our
social and economic life, consistent with the fundamental and
paramount objective of the state of promoting the health,
comfort, and quiet of all persons, and of bringing about "the
greatest good to the greatest number."

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