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EN BANC [G.R. No. 148560. November 19, 2001] JOSEPH EJERCITO ESTRADA, petitioner, vs.

SANDIGANBAYAN (Third Division) and PEOPLE OF THE PHILIPPINES, respondents. DECISION BELLOSILLO, J.: JOHN STUART MILL, in his essay On Liberty, unleashes the full fury of his pen in defense of the rights of the individual from the vast powers of the State and the inroads of societal pressure. But even as he draws a sacrosanct line demarcating the limits on individuality beyond which the State cannot tread - asserting that "individual spontaneity" must be allowed to flourish with very little regard to social interference - he veritably acknowledges that the exercise of rights and liberties is imbued with a civic obligation, which society is justified in enforcing at all cost, against those who would endeavor to withhold fulfillment. Thus he says The sole end for which mankind is warranted, individually or collectively, in interfering with the liberty of action of any of their number, is selfprotection. The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. Parallel to individual liberty is the natural and illimitable right of the State to self-preservation. With the end of maintaining the integrity and cohesiveness of the body politic, it behooves the State to formulate a system of laws that would compel obeisance to its collective wisdom and inflict punishment for non-observance. The movement from Mill's individual liberalism to unsystematic collectivism wrought changes in the social order, carrying with it a new formulation of fundamental rights and duties more attuned to the imperatives of contemporary socio-political ideologies. In the process, the web of rights and State impositions became tangled and obscured, enmeshed in threads of multiple shades and colors, the skein irregular and broken. Antagonism, often outright collision, between the law as the expression of the will of the State, and the zealous attempts by its members to preserve their individuality and dignity, inevitably followed. It is when individual rights are pitted against State authority that judicial conscience is put to its severest test. Petitioner Joseph Ejercito Estrada, the highest-ranking official to be prosecuted under RA 7080 (An Act Defining and Penalizing the Crime of Plunder),[1] as amended by RA 7659,[2] wishes to impress upon us that the assailed law is so defectively fashioned that it crosses that thin but distinct line which divides the valid from the constitutionally infirm. He therefore makes a stringent call for this Court to subject the Plunder Law to the crucible of constitutionality mainly because, according to him, (a) it suffers from the vice of vagueness; (b) it dispenses with the "reasonable doubt" standard in criminal prosecutions; and, (c) it abolishes the element of mens rea in crimes already punishable under The Revised Penal Code, all of which are purportedly clear violations of the fundamental rights of the accused to due process and to be informed of the nature and cause of the accusation against him. Specifically, the provisions of the Plunder Law claimed by petitioner to have transgressed constitutional boundaries are Secs. 1, par. (d), 2 and 4 which are reproduced hereunder: Section 1. (d) "Ill-gotten wealth" means any asset, property, business, enterprise or material possession of any person within the purview of Section Two (2) hereof, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes: (1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; (2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public office concerned; (3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities, or government owned or controlled corporations and their subsidiaries; (4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking; (5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or (6) By taking advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines. Section 2. Definition of the Crime of Plunder, Penalties. - Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described in Section 1 (d) hereof, in the aggregate amount or total value of at least fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetual to death. Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances as provided by the Revised Penal Code shall be considered by the court. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State (underscoring supplied). Section 4. Rule of Evidence. - For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy (underscoring supplied). On 4 April 2001 the Office of the Ombudsman filed before the Sandiganbayan eight (8) separate Informations, docketed as: (a) Crim. Case No. 26558, for violation of RA 7080, as amended by RA 7659; (b) Crim. Cases Nos. 26559 to 26562, inclusive, for violation of Secs. 3, par. (a), 3, par. (a), 3, par. (e) And 3, par. (e), of RA 3019 (Anti-Graft and Corrupt Practices Act), respectively; (c) Crim. Case No. 26563, for violation of Sec. 7, par. (d), of RA 6713 (The Code of Conduct and Ethical Standards for Public Officials and Employees); (d) Crim. Case No. 26564, for Perjury (Art. 183 of The Revised Penal Code); and, (e) Crim. Case No. 26565, for Illegal Use Of An Alias (CA No. 142, as amended by RA 6085). On 11 April 2001 petitioner filed an Omnibus Motion for the remand of the case to the Ombudsman for preliminary investigation with respect to specification "d" of the charges in the Information in Crim. Case No. 26558; and, for reconsideration/reinvestigation of the offenses under specifications "a," "b," and "c" to give the accused an opportunity to file counter-affidavits and other documents necessary to prove lack of probable cause. Noticeably, the grounds raised were only lack of preliminary investigation, reconsideration/reinvestigation of offenses, and opportunity to prove lack of probable cause. The purported ambiguity of the charges and the vagueness of the law under which they are charged were never raised in that Omnibus Motion thus indicating the explicitness and comprehensibility of the Plunder Law. On 25 April 2001 the Sandiganbayan, Third Division, issued a Resolution in Crim. Case No. 26558 finding that "a probable cause for the offense of PLUNDER exists to justify the issuance of warrants for the arrest of the accused." On 25 June 2001 petitioner's motion for reconsideration was denied by the Sandiganbayan. On 14 June 2001 petitioner moved to quash the Information in Crim. Case No. 26558 on the ground that the facts alleged therein did not constitute an indictable offense since the law on which it was based was unconstitutional for vagueness, and that the Amended Information for Plunder charged more than one (1) offense. On 21 June 2001 the Government filed its Opposition to the Motion to Quash, and five (5) days later or on 26 June 2001 petitioner submitted his Reply to the Opposition. On 9 July 2001 the Sandiganbayan denied petitioner's Motion to Quash. As concisely delineated by this Court during the oral arguments on 18 September 2001, the issues for resolution in the instant petition for certiorari are: (a) The Plunder Law is unconstitutional for being vague; (b) The Plunder Law requires less evidence for proving the predicate crimes of plunder and therefore violates the rights of the accused to due process; and, (c) Whether Plunder as defined in RA 7080 is a malum prohibitum, and if so, whether it is within the power of Congress to so classify it. Preliminarily, the whole gamut of legal concepts pertaining to the validity of legislation is predicated on the basic principle that a legislative measure is presumed to be in harmony with the Constitution.[3] Courts invariably train their sights on this fundamental rule whenever a legislative act is under a constitutional attack, for it is the postulate of constitutional adjudication. This strong predilection for constitutionality takes its bearings on the idea that it is forbidden for one branch of the government to encroach upon the duties and powers of another. Thus it has been said that the presumption is based on the deference the judicial branch accords to its coordinate branch - the legislature. If there is any reasonable basis upon which the legislation may firmly rest, the courts must assume that the legislature is ever conscious of the borders and edges of its plenary powers, and has passed the law with full knowledge of the facts and for the purpose of promoting what is right and advancing the welfare of the majority. Hence in determining whether the acts of the legislature are in tune with the fundamental law, courts should proceed with judicial restraint and act with caution and forbearance. Every intendment of the law must be adjudged by the courts in favor of its constitutionality, invalidity being a measure of last resort. In construing therefore the provisions of a statute, courts must first ascertain whether an interpretation is fairly possible to sidestep the question of constitutionality. In La Union Credit Cooperative, Inc. v. Yaranon[4] we held that as long as there is some basis for the decision of the court, the constitutionality of the challenged law will not be touched and the case will be decided on other available grounds. Yet the force of the presumption is not sufficient to catapult a fundamentally deficient law into the safe environs of

constitutionality. Of course, where the law clearly and palpably transgresses the hallowed domain of the organic law, it must be struck down on sight lest the positive commands of the fundamental law be unduly eroded. Verily, the onerous task of rebutting the presumption weighs heavily on the party challenging the validity of the statute. He must demonstrate beyond any tinge of doubt that there is indeed an infringement of the constitution, for absent such a showing; there can be no finding of unconstitutionality. A doubt, even if well-founded, will hardly suffice. As tersely put by Justice Malcolm, “To doubt is to sustain."[5] And petitioner has miserably failed in the instant case to discharge his burden and overcome the presumption of constitutionality of the Plunder Law. As it is written, the Plunder Law contains ascertainable standards and well-defined parameters which would enable the accused to determine the nature of his violation. Section 2 is sufficiently explicit in its description of the acts, conduct and conditions required or forbidden, and prescribes the elements of the crime with reasonable certainty and particularity. Thus 1. That the offender is a public officer who acts by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons; 2. That he amassed, accumulated or acquired ill-gotten wealth through a combination or series of the following overt or criminal acts: (a) through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; (b) by receiving, directly or indirectly, any commission, gift, share, percentage, kickback or any other form of pecuniary benefits from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer; (c) by the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities of Government owned or controlled corporations or their subsidiaries; (d) by obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking; (e) by establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or (f) by taking advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines; and, 3. That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated or acquired is at least P50,000,000.00. As long as the law affords some comprehensible guide or rule that would inform those who are subject to it what conduct would render them liable to its penalties, its validity will be sustained. It must sufficiently guide the judge in its application; the counsel, in defending one charged with its violation; and more importantly, the accused, in identifying the realm of the proscribed conduct. Indeed, it can be understood with little difficulty that what the assailed statute punishes is the act of a public officer in amassing or accumulating illgotten wealth of at least P50,000,000.00 through a series or combination of acts enumerated in Sec. 1, par. (d), of the Plunder Law. In fact, the amended Information itself closely tracks the language of the law, indicating with reasonable certainty the various elements of the offense which petitioner is alleged to have committed: "The undersigned Ombudsman, Prosecutor and OIC-Director, EPIB, Office of the Ombudsman, hereby accuses former PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, Joseph Ejercito Estrada, a.k.a. 'ASIONG SALONGA' and a.k.a. 'JOSE VELARDE,' together with Jose 'Jinggoy' Estrada, Charlie 'Atong' Ang, Edward Serapio, Yolanda T. Ricaforte, Alma Alfaro, JOHN DOE a.k.a. Eleuterio Tan OR Eleuterio Ramos Tan or Mr. Uy, Jane Doe a.k.a. Delia Rajas, and John DOES & Jane Does, of the crime of Plunder, defined and penalized under R.A. No. 7080, as amended by Sec. 12 of R.A. No. 7659, committed as follows: That during the period from June, 1998 to January 2001, in the Philippines, and within the jurisdiction of this Honorable Court, accused Joseph Ejercito Estrada, THEN A PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, by himself AND/OR in CONNIVANCE/CONSPIRACY with his coaccused, WHO ARE MEMBERS OF HIS FAMILY, RELATIVES BY AFFINITY OR CONSANGUINITY, BUSINESS ASSOCIATES, SUBORDINATES AND/OR OTHER PERSONS, BY TAKING UNDUE ADVANTAGE OF HIS OFFICIAL POSITION, AUTHORITY, RELATIONSHIP, CONNECTION, OR INFLUENCE, did then and there willfully, unlawfully and criminally amass, accumulate and acquire BY HIMSELF, DIRECTLY OR INDIRECTLY, ill-gotten wealth in the aggregate amount or TOTAL VALUE of FOUR BILLION NINETY SEVEN MILLION EIGHT HUNDRED FOUR THOUSAND ONE HUNDRED SEVENTY THREE PESOS AND SEVENTEEN CENTAVOS (P4,097,804,173.17), more or less, THEREBY UNJUSTLY ENRICHING HIMSELF OR THEMSELVES AT THE EXPENSE AND TO THE DAMAGE OF THE FILIPINO PEOPLE AND THE REPUBLIC OF THE PHILIPPINES, through ANY OR A combination OR A series of overt OR criminal acts, OR SIMILAR SCHEMES OR MEANS, described as follows: (a) by receiving OR collecting, directly or indirectly, on SEVERAL INSTANCES, MONEY IN THE AGGREGATE AMOUNT OF FIVE HUNDRED FORTY-FIVE MILLION PESOS (P545,000,000.00), MORE OR LESS, FROM ILLEGAL GAMBLING IN THE FORM OF GIFT, SHARE, PERCENTAGE, KICKBACK OR ANY FORM OF PECUNIARY BENEFIT, BY HIMSELF AND/OR in connection with co-accused CHARLIE 'ATONG' ANG, Jose 'Jinggoy' Estrada, Yolanda T. Ricaforte, Edward Serapio, AND JOHN DOES AND JANE DOES, in consideration OF TOLERATION OR PROTECTION OF ILLEGAL GAMBLING; (b) by DIVERTING, RECEIVING, misappropriating, converting OR misusing DIRECTLY OR INDIRECTLY, for HIS OR THEIR PERSONAL gain and benefit, public funds in the amount of ONE HUNDRED THIRTY MILLION PESOS (P130,000,000.00), more or less, representing a portion of the TWO HUNDRED MILLION PESOS (P200,000,000.00) tobacco excise tax share allocated for the province of Ilocos Sur under R.A. No. 7171, by himself and/or in connivance with co-accused Charlie 'Atong' Ang, Alma Alfaro, JOHN DOE a.k.a. Eleuterio Ramos Tan or Mr. Uy, Jane Doe a.k.a. Delia Rajas, AND OTHER JOHN DOES & JANE DOES; (italic supplied). (c) by directing, ordering and compelling, FOR HIS PERSONAL GAIN AND BENEFIT, the Government Service Insurance System (GSIS) TO PURCHASE 351,878,000 SHARES OF STOCKS, MORE OR LESS, and the Social Security System (SSS), 329,855,000 SHARES OF STOCK, MORE OR LESS, OF THE BELLE CORPORATION IN THE AMOUNT OF MORE OR LESS ONE BILLION ONE HUNDRED TWO MILLION NINE HUNDRED SIXTY FIVE THOUSAND SIX HUNDRED SEVEN PESOS AND FIFTY CENTAVOS (P1,102,965,607.50) AND MORE OR LESS SEVEN HUNDRED FORTY FOUR MILLION SIX HUNDRED TWELVE THOUSAND AND FOUR HUNDRED FIFTY PESOS (P744,612,450.00), RESPECTIVELY, OR A TOTAL OF MORE OR LESS ONE BILLION EIGHT HUNDRED FORTY SEVEN MILLION FIVE HUNDRED SEVENTY EIGHT THOUSAND FIFTY SEVEN PESOS AND FIFTY CENTAVOS (P1,847,578,057.50); AND BY COLLECTING OR RECEIVING, DIRECTLY OR INDIRECTLY, BY HIMSELF AND/OR IN CONNIVANCE WITH JOHN DOES AND JANE DOES, COMMISSIONS OR PERCENTAGES BY REASON OF SAID PURCHASES OF SHARES OF STOCK IN THE AMOUNT OF ONE HUNDRED EIGHTY NINE MILLION SEVEN HUNDRED THOUSAND PESOS (P189,700,000.00) MORE OR LESS, FROM THE BELLE CORPORATION WHICH BECAME PART OF THE DEPOSIT IN THE EQUITABLE-PCI BANK UNDER THE ACCOUNT NAME 'JOSE VELARDE;' (d) by unjustly enriching himself FROM COMMISSIONS, GIFTS, SHARES, PERCENTAGES, KICKBACKS, OR ANY FORM OF PECUNIARY BENEFITS, IN CONNIVANCE WITH JOHN DOES AND JANE DOES, in the amount of MORE OR LESS THREE BILLION TWO HUNDRED THIRTY THREE MILLION ONE HUNDRED FOUR THOUSAND ONE HUNDRED SEVENTY THREE PESOS AND SEVENTEEN CENTAVOS (P3,233,104,173.17) AND DEPOSITING THE SAME UNDER HIS ACCOUNT NAME 'JOSE VELARDE' AT THE EQUITABLEPCI BANK." We discern nothing in the foregoing that is vague or ambiguous - as there is obviously none - that will confuse petitioner in his defense. Although subject to proof, these factual assertions clearly show that the elements of the crime are easily understood and provide adequate contrast between the innocent and the prohibited acts. Upon such unequivocal assertions, petitioner is completely informed of the accusations against him as to enable him to prepare for an intelligent defense. Petitioner, however, bewails the failure of the law to provide for the statutory definition of the terms “combination” and “series" in the key phrase "a combination or series of overt or criminal acts" found in Sec. 1, par. (d), and Sec. 2, and the word “pattern” in Sec. 4. These omissions, according to petitioner, render the Plunder Law unconstitutional for being impermissibly vague and overbroad and deny him the right to be informed of the nature and cause of the accusation against him, hence, violative of his fundamental right to due process. The rationalization seems to us to be pure sophistry. A statute is not rendered uncertain and void merely because general terms are used therein, or because of the employment of terms without defining them;[6] much less do we have to define every word we use. Besides, there is no positive constitutional or statutory command requiring the legislature to define each and every word in an enactment. Congress is not restricted in the form of expression of its will, and its inability to so define the words employed in a statute will not necessarily result in the vagueness or ambiguity of the law so long as the legislative will is clear, or at least, can be gathered from the whole act, which is distinctly expressed in the Plunder Law. Moreover, it is a well-settled principle of legal hermeneutics that words of a statute will be interpreted in their natural, plain and ordinary acceptation and signification, [7] unless it is evident that the legislature intended a technical or special legal meaning to those words. [8] The intention of the lawmakers - who are, ordinarily, untrained philologists and lexicographers - to use statutory phraseology in such a manner is always presumed. Thus, Webster's New Collegiate Dictionary contains the following commonly accepted definition of the words "combination” and “series:" Combination - the result or product of combining; the act or process of combining. To combine is to bring into such close relationship as to obscure individual characters. Series - a number of things or events of the same class coming one after another in spatial and temporal succession.

That Congress intended the words “combination” and “series” to be understood in their popular meanings is pristinely evident from the legislative deliberations on the bill which eventually became RA 7080 or the Plunder Law: DELIBERATIONS OF THE BICAMERAL COMMITTEE ON JUSTICE, 7 May 1991 REP. ISIDRO: I am just intrigued again by our definition of plunder. We say THROUGH A COMBINATION OR SERIES OF OVERT OR CRIMINAL ACTS AS MENTIONED IN SECTION ONE HEREOF. Now when we say combination, we actually mean to say, if there are two or more means, we mean to say that number one and two or number one and something else are included, how about a series of the same act? For example, through misappropriation, conversion, misuse, will these be included also? REP. GARCIA: Yeah, because we say a series. REP. ISIDRO: Series. REP. GARCIA: Yeah, we include series. REP. ISIDRO: But we say we begin with a combination. REP. GARCIA: Yes. REP. ISIDRO: When we say combination, it seems that REP. GARCIA: Two. REP. ISIDRO: Not only two but we seem to mean that two of the enumerated means not twice of one enumeration. REP. GARCIA: No, no, not twice. REP. ISIDRO: Not twice? REP. GARCIA: Yes. Combination is not twice - but combination, two acts. REP. ISIDRO: So in other words, that’s it. When we say combination, we mean, two different acts. It cannot be a repetition of the same act. REP. GARCIA: That be referred to series, yeah. REP. ISIDRO: No, no. Supposing one act is repeated, so there are two. REP. GARCIA: A series. REP. ISIDRO: That’s not series. It’s a combination. Because when we say combination or series, we seem to say that two or more, di ba? REP. GARCIA: Yes, this distinguishes it really from ordinary crimes. That is why, I said, that is a very good suggestion because if it is only one act, it may fall under ordinary crime but we have here a combination or series of overt or criminal acts. REP. GARCIA: Series. One after the other eh di.... SEN. TANADA: So that would fall under the term “series?” REP. GARCIA: Series, oo. REP. ISIDRO: Now, if it is a combination, ano, two misappropriations.... REP. GARCIA: Its not... Two misappropriations will not be combination. Series. REP. ISIDRO: So, it is not a combination? REP. GARCIA: Yes. REP. ISIDRO: When you say combination, two different? REP. GARCIA: Yes. SEN. TANADA: Two different. REP. ISIDRO: Two different acts. REP. GARCIA: For example, ha... REP. ISIDRO: Now a series, meaning, repetition... DELIBERATIONS ON SENATE BILL NO. 733, 6 June 1989 SENATOR MACEDA: In line with our interpellations that sometimes “one” or maybe even “two” acts may already result in such a big amount, on line 25, would the Sponsor consider deleting the words “a series of overt or,” to read, therefore: “or conspiracy COMMITTED by criminal acts such as.” Remove the idea of necessitating “a series.” Anyway, the criminal acts are in the plural. SENATOR TANADA: That would mean a combination of two or more of the acts mentioned in this. THE PRESIDENT: Probably two or more would be.... SENATOR MACEDA: Yes, because “a series” implies several or many; two or more. SENATOR TANADA: Accepted, Mr. President THE PRESIDENT: If there is only one, then he has to be prosecuted under the particular crime. But when we say “acts of plunder” there should be, at least, two or more. SENATOR ROMULO: In other words, that is already covered by existing laws, Mr. President. Thus when the Plunder Law speaks of “combination,” it is referring to at least two (2) acts falling under different categories of enumeration provided in Sec. 1, par. (d), e.g., raids on the public treasury in Sec. 1, par. (d), subpar. (1), and fraudulent conveyance of assets belonging to the National Government under Sec. 1, par. (d), subpar. (3). On the other hand, to constitute a series" there must be two (2) or more overt or criminal acts falling under the same category of enumeration found in Sec. 1, par. (d), say, misappropriation, malversation and raids on the public treasury, all of which fall under Sec. 1, par. (d), subpar. (1). Verily, had the legislature intended a technical or distinctive meaning for "combination" and "series," it would have taken greater pains in specifically providing for it in the law. As for “pattern," we agree with the observations of the Sandiganbayan [9] that this term is sufficiently defined in Sec. 4, in relation to Sec. 1, par. (d), and Sec. 2 - under Sec. 1 (d) of the law, a 'pattern' consists of at least a combination or series of overt or criminal acts enumerated in subsections (1) to (6) of Sec. 1 (d). Secondly, pursuant to Sec. 2 of the law, the pattern of overt or criminal acts is directed towards a common purpose or goal which is to enable the public officer to amass, accumulate or acquire ill-gotten wealth. And thirdly, there must either be an 'overall unlawful scheme’ or ‘conspiracy’ to achieve said common goal. As commonly understood, the term 'overall unlawful scheme' indicates a 'general plan of action or method' which the principal accused and public officer and others conniving with him follow to achieve the aforesaid common goal. In the alternative, if there is no such overall scheme or where the schemes or methods used by multiple accused vary, the overt or criminal acts must form part of a conspiracy to attain a common goal. Hence, it cannot plausibly be contended that the law does not give a fair warning and sufficient notice of what it seeks to penalize. Under the circumstances, petitioner's reliance on the "void-for-vagueness" doctrine is manifestly misplaced. The doctrine has been formulated in various ways, but is most commonly stated to the effect that a statute establishing a criminal offense must define the offense with sufficient definiteness that persons of ordinary intelligence can understand what conduct is prohibited by the statute. It can only be invoked against that specie of legislation that is utterly vague on its face, i.e., that which cannot be clarified either by a saving clause or by construction. A statute or act may be said to be vague when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ in its application. In such instance, the statute is repugnant to the Constitution in two (2) respects - it violates due process for failure to accord persons, especially the parties targeted by it, fair notice of what conduct to avoid; and, it leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the Government muscle.[10] But the doctrine does not apply as against legislations that are merely couched in imprecise language but which nonetheless specify a standard though defectively phrased; or to those that are apparently ambiguous yet fairly applicable to certain types of activities. The first may be "saved" by proper construction, while no challenge may be mounted as against the second whenever directed against such activities. [11] With more reason, the doctrine cannot be invoked where the assailed statute is clear and free from ambiguity, as in this case. The test in determining whether a criminal statute is void for uncertainty is whether the language conveys a sufficiently definite warning as to the proscribed conduct when measured by common understanding and practice. [12] It must be stressed, however, that the "vagueness" doctrine merely requires a reasonable degree of certainty for the statute to be upheld - not absolute precision or mathematical exactitude, as petitioner seems to suggest. Flexibility, rather than meticulous specificity, is permissible as long as the metes and bounds of the statute are clearly delineated. An act will not be held invalid merely because it might have been more explicit in its wordings or detailed in its provisions, especially where, because of the nature of the act, it would be impossible to provide all the details in advance as in all other statutes. Moreover, we agree with, hence we adopt, the observations of Mr. Justice Vicente V. Mendoza during the deliberations of the Court that the allegations that the Plunder Law is vague and overbroad do not justify a facial review of its validity The void-for-vagueness doctrine states that "a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application, violates the first essential of due process of law."[13] The over breadth doctrine, on the other hand, decrees that "a governmental purpose may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms."[14] A facial challenge is allowed to be made to a vague statute and to one which is overbroad because of possible "chilling effect" upon protected speech. The theory is that "[w]hen statutes regulate or proscribe speech and no readily apparent construction suggests itself as a vehicle for rehabilitating the statutes in a single prosecution, the transcendent value to all society of constitutionally protected expression is deemed to justify allowing attacks on overly broad statutes with no requirement that the person making the attack demonstrate that his own conduct could not be regulated by a statute drawn with narrow specificity."[15] The possible harm to society in permitting some unprotected speech to go unpunished is outweighed by the possibility that the protected speech of others may be deterred and perceived grievances left to fester because of possible inhibitory effects of overly broad statutes. This rationale does not apply to penal statutes. Criminal statutes have general in terrorem effect resulting from their very existence, and, if facial challenge is allowed for this reason alone, the State may well be prevented from enacting laws against socially harmful conduct. In the area of criminal law, the law cannot take chances as in the area of free speech. The over breadth and vagueness doctrines then have special application only to free speech cases. They are inapt for testing the validity of penal statutes. As the U.S. Supreme Court put it, in an opinion by Chief Justice Rehnquist, "we have not recognized an 'overbreadth' doctrine outside the limited context of the First Amendment."[16] In Broadrick v. Oklahoma,[17] the Court ruled that "claims of facial overbreadth have been entertained in cases involving statutes which, by their terms, seek to regulate only spoken words" and, again, that "overbreadth claims, if entertained at all, have been curtailed when invoked

against ordinary criminal laws that are sought to be applied to protected conduct." For this reason, it has been held that "a facial challenge to a legislative act is the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid."[18] As for the vagueness doctrine, it is said that a litigant may challenge a statute on its face only if it is vague in all its possible applications. "A plaintiff who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others."[19] In sum, the doctrines of strict scrutiny, overbreadth, and vagueness are analytical tools developed for testing "on their faces" statutes in free speech cases or, as they are called in American law, First Amendment cases. They cannot be made to do service when what is involved is a criminal statute. With respect to such statute, the established rule is that "one to whom application of a statute is constitutional will not be heard to attack the statute on the ground that impliedly it might also be taken as applying to other persons or other situations in which its application might be unconstitutional."[20] As has been pointed out, "vagueness challenges in the First Amendment context, like overbreadth challenges typically produce facial invalidation, while statutes found vague as a matter of due process typically are invalidated [only] 'as applied' to a particular defendant."[21] Consequently, there is no basis for petitioner's claim that this Court reviews the Anti-Plunder Law on its face and in its entirety. Indeed, "on its face" invalidation of statutes results in striking them down entirely on the ground that they might be applied to parties not before the Court whose activities are constitutionally protected.[22] It constitutes a departure from the case and controversy requirement of the Constitution and permits decisions to be made without concrete factual settings and in sterile abstract contexts.[23] But, as the U.S. Supreme Court pointed out in Younger v. Harris[24] [T]he task of analyzing a proposed statute, pinpointing its deficiencies, and requiring correction of these deficiencies before the statute is put into effect, is rarely if ever an appropriate task for the judiciary. The combination of the relative remoteness of the controversy, the impact on the legislative process of the relief sought, and above all the speculative and amorphous nature of the required line-by-line analysis of detailed statutes, . . . ordinarily results in a kind of case that is wholly unsatisfactory for deciding constitutional questions, whichever way they might be decided. For these reasons, "on its face" invalidation of statutes has been described as "manifestly strong medicine," to be employed "sparingly and only as a last resort,"[25] and is generally disfavored.[26] In determining the constitutionality of a statute, therefore, its provisions which are alleged to have been violated in a case must be examined in the light of the conduct with which the defendant is charged.[27] In light of the foregoing disquisition, it is evident that the purported ambiguity of the Plunder Law, so tenaciously claimed and argued at length by petitioner, is more imagined than real. Ambiguity, where none exists, cannot be created by dissecting parts and words in the statute to furnish support to critics who cavil at the want of scientific precision in the law. Every provision of the law should be construed in relation and with reference to every other part. To be sure, it will take more than nitpicking to overturn the well-entrenched presumption of constitutionality and validity of the Plunder Law. A fortiori, petitioner cannot feign ignorance of what the Plunder Law is all about. Being one of the Senators who voted for its passage, petitioner must be aware that the law was extensively deliberated upon by the Senate and its appropriate committees by reason of which he even registered his affirmative vote with full knowledge of its legal implications and sound constitutional anchorage. The parallel case of Gallego v. Sandiganbayan[28] must be mentioned if only to illustrate and emphasize the point that courts are loathed to declare a statute void for uncertainty unless the law itself is so imperfect and deficient in its details, and is susceptible of no reasonable construction that will support and give it effect. In that case, petitioners Gallego and Agoncillo challenged the constitutionality of Sec. 3, par. (e), of The Anti-Graft and Corrupt Practices Act for being vague. Petitioners posited, among others, that the term "unwarranted" is highly imprecise and elastic with no common law meaning or settled definition by prior judicial or administrative precedents; that, for its vagueness, Sec. 3, par. (e), violates due process in that it does not give fair warning or sufficient notice of what it seeks to penalize. Petitioners further argued that the Information charged them with three (3) distinct offenses, to wit: (a) giving of "unwarranted" benefits through manifest partiality; (b) giving of "unwarranted" benefits through evident bad faith; and, (c) giving of "unwarranted" benefits through gross inexcusable negligence while in the discharge of their official function and that their right to be informed of the nature and cause of the accusation against them was violated because they were left to guess which of the three (3) offenses, if not all, they were being charged and prosecuted. In dismissing the petition, this Court held that Sec. 3, par. (e), of The Anti-Graft and Corrupt Practices Act does not suffer from the constitutional defect of vagueness. The phrases "manifest partiality," "evident bad faith," and "gross and inexcusable negligence" merely describe the different modes by which the offense penalized in Sec. 3, par. (e), of the statute may be committed, and the use of all these phrases in the same Information does not mean that the indictment charges three (3) distinct offenses. The word 'unwarranted' is not uncertain. It seems lacking adequate or official support; unjustified; unauthorized (Webster, Third International Dictionary, p. 2514); or without justification or adequate reason (Philadelphia Newspapers, Inc. v. US Dept. of Justice, C.D. Pa., 405 F. Supp. 8, 12, cited in Words and Phrases, Permanent Edition, Vol. 43-A 1978, Cumulative Annual Pocket Part, p. 19). The assailed provisions of the Anti-Graft and Corrupt Practices Act consider a corrupt practice and make unlawful the act of the public officer in: or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence, (Section 3 [e], Rep. Act 3019, as amended). It is not at all difficult to comprehend that what the aforequoted penal provisions penalize is the act of a public officer, in the discharge of his official, administrative or judicial functions, in giving any private party benefits, advantage or preference which is unjustified, unauthorized or without justification or adequate reason, through manifest partiality, evident bad faith or gross inexcusable negligence. In other words, this Court found that there was nothing vague or ambiguous in the use of the term "unwarranted" in Sec. 3, par. (e), of The Anti-Graft and Corrupt Practices Act, which was understood in its primary and general acceptation. Consequently, in that case, petitioners' objection thereto was held inadequate to declare the section unconstitutional. On the second issue, petitioner advances the highly stretched theory that Sec. 4 of the Plunder Law circumvents the immutable obligation of the prosecution to prove beyond reasonable doubt the predicate acts constituting the crime of plunder when it requires only proof of a pattern of overt or criminal acts showing unlawful scheme or conspiracy SEC. 4. Rule of Evidence. The running fault in this reasoning is obvious even to the simplistic mind. In a criminal prosecution for plunder, as in all other crimes, the accused always has in his favor the presumption of innocence which is guaranteed by the Bill of Rights, and unless the State succeeds in demonstrating by proof beyond reasonable doubt that culpability lies, the accused is entitled to an acquittal.[29] The use of the "reasonable doubt" standard is indispensable to command the respect and confidence of the community in the application of criminal law. It is critical that the moral force of criminal law be not diluted by a standard of proof that leaves people in doubt whether innocent men are being condemned. It is also important in our free society that every individual going about his ordinary affairs has confidence that his government cannot adjudge him guilty of a criminal offense without convincing a proper fact finder of his guilt with utmost certainty. This "reasonable doubt" standard has acquired such exalted stature in the realm of constitutional law as it gives life to the Due Process Clause which protects the accused against conviction except upon proof beyond reasonable doubt of every fact necessary to constitute the crime with which he is charged.[30] The following exchanges between Rep. Rodolfo Albano and Rep. Pablo Garcia on this score during the deliberations in the floor of the House of Representatives are elucidating DELIBERATIONS OF THE HOUSE OF REPRESENTATIVES ON RA 7080, 9 October 1990 MR. ALBANO: Now, Mr. Speaker, it is also elementary in our criminal law that what is alleged in the information must be proven beyond reasonable doubt. If we will prove only one act and find him guilty of the other acts enumerated in the information, does that not work against the right of the accused especially so if the amount committed, say, by falsification is less than P100 million, but the totality of the crime committed is P100 million since there is malversation, bribery, falsification of public document, coercion, theft? MR. GARCIA: Mr. Speaker, not everything alleged in the information needs to be proved beyond reasonable doubt. What is required to be proved beyond reasonable doubt is every element of the crime charged. For example, Mr. Speaker, there is an enumeration of the things taken by the robber in the information – three pairs of pants, pieces of jewelry. These need not be proved beyond reasonable doubt, but these will not prevent the conviction of a crime for which he was charged just because, say, instead of 3 pairs of diamond earrings the prosecution proved two. Now, what is required to be proved beyond reasonable doubt is the element of the offense. MR. ALBANO: I am aware of that, Mr. Speaker, but considering that in the crime of plunder the totality of the amount is very important, I feel that such a series of overt criminal acts has to be taken singly. For instance, in the act of bribery, he was able to accumulate only P50,000 and in the crime of extortion, he was only able to accumulate P1 million. Now, when we add the totality of the other acts as required under this bill through the interpretation on the rule of evidence, it is just one single act, so how can we now convict him? MR. GARCIA: With due respect, Mr. Speaker, for purposes of proving an essential element of the crime, there is a need to prove that element beyond reasonable doubt. For example, one essential element of the crime is that the amount involved is P100 million. Now, in a series of defalcations and other acts of corruption in the enumeration the total amount would be P110 or P120 million, but there are certain acts that could not be proved, so, we will sum up the amounts involved in those transactions which were proved. Now, if the amount

No. and sections 4. City of Dallas. no less heinous are the effects and repercussions of crimes like qualified bribery. is a living testament to the will of the legislature to ultimately eradicate this scourge and thus secure society against the avarice and other venalities in public office. ROMEO B. 7659 that plunder is a heinous offense implies that it is a malum in se. petitioners igot and Salapantan. 91 ALR2d 750. It is true that petitioners Igot and Salapantan have instituted this case as a taxpayer's suit. for the Constitution the pertinent portion of which reads: "Section 2. it would have required only a modicum more of effort tor petitioner Dumlao. 2d 603 (1990). 15 November 1988. few issues of national importance can equal the amount of interest and passion generated by petitioner's ignominious fall from the highest office. For when the acts punished are inherently immoral or inherently wrong.. 23 November 1995. 135385. Inc. 524 U. 71 L. It may be conceded that the third requisite has been complied with. will spread like a malignant tumor and ultimately consume the moral and institutional fiber of our nation.R. proved beyond reasonable doubt. Petitioner Dumlao assails the constitutionality of the first paragraph of section 4 of Batas Pambansa Blg. These are times that try men's souls. on constitutional grounds. 943774. L-44143. Implicit in the foregoing section is that to avoid the whole act from being declared invalid as a result of the nullity of some of its provisions.S.000. 52) Section 6. is CONSTITUTIONAL. concur. 26.J.S. kidnapping and serious illegal detention. misappropriation. it should be stated that this Petition suffers from basic procedural infirmities. brings us to the logical conclusion that "pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy" inheres in the very acts of accumulating. to have filed separate suits. Ed. and procedural regularity would require that this suit be dismissed. 113 Harv. (Emphasis supplied) The aforequoted provision must also be related to section 11 of Art. See also Richard H. Board of Trustees. petitioners. a conviction for plunder may be had. 117472. Reeling from decades of corrupt tyrannical rule that bankrupted the government and impoverished the population. however. vs. it may be susceptible to the objection that it is marred by theoretical inconsistencies" (Chief Justice Fernando. SO ORDERED. Quisumbing. 2d 388 (1989). Petitioner Dumlao's contention that section 4 of BP Blg. 7659. 15 SCRA 479 [1965]). 392 U. 580 (1998). [18] United States v. [16] United States v." and that Sec. and limited further to be constitutional question raised or the very lis mota presented. That’s the meaning of this (Deliberations of Committee on Constitutional Amendments and Revision of Laws. 529 (1960). upon the theory that "the expenditure of public funds. 448. the present is not an "appropriate case" for either petitioner Dumlao or for petitioners Igot and Salapantan. Stated otherwise. the elections to be held involve the expenditure of public moneys.Sec. 768. supra. No. Electoral Commission. 113. Pacquing. 4 is his submission that "pattern" is "a very important element of the crime of plunder. Gimenez. Indeed. Unavoidability of constitutional question. [31] A reading of Sec. Being a purely procedural measure. . No. therefore. VIII. Carpio. which provides: Section 11. Ed 325. L-52232) where the issue has been squarely raised.. Nazario. Any attempt at abstraction could only lead to dialectics and barren legal questions and to sterile conclusions unrelated to actualities. Ward. 107 L. which. 3rd ed. . cited in the Sandiganbayan Resolution of 9 July 2001). [30] People v. Petitioner. 569. or ruling of the Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from his receipt of a copy thereof. Moreover. Ynares-Santiago. 2d 362. Melo. however. . nor do the latter join Dumlao in his. Such is the Plunder Law. 267 SCRA 682. the objectives of the statute can best be achieved. 274-275. Thus. Hernandez 101 Phil. Any retired elective provincial city or municipal official who has received payment of the retirement benefits to which he is entitled under the law. JJ. Petitioner Dumlao specifically questions the constitutionality of section 4 of Batas Pambansa Blg. this Court is vested with discretion as to whether or not a taxpayer's suit should be entertained. and drug offenses involving government officials. as the Solicitor General has intimated. [33] 4 Record of the Senate 1316. 257 SCRA 430. Petitioner. the same having been eternally consigned by People v. shall not be qualified to be a candidate for any of the offices covered by this Act. Court of Appeals. and De Leon.Y. Martinez. 2d 561. Garcia. Jr. [5] Yu Cong Eng v. G. which provides that a "bona fide candidate for any public office shall be it. quoted earlier. [8] PLDT v. 70 P. No. [38] G. Sec. G. and drug offenses involving minors or resulting in the death of the victim in the case of other crimes. vs. it being sufficient to prove by pattern at least two (2) of the raids beyond reasonable doubt provided only that they amounted to at least P50. for a 65 year old retiree could be a good local official just like one. 29. 469. Drastic and radical measures are imperative to fight the increasingly sophisticated. such pattern arises where the prosecution is able to prove beyond reasonable doubt the predicate acts as defined in Sec. Persons similarly situated are sinlilarly treated. 31 August 1988. 4 in convicting an accused charged for violation of the Plunder Law? ATTY. 146 SCRA 324. AGABIN: Not a conviction for plunder. 68. 385. which shall commence on the first Monday of March 1980. United States v. 17. 56 [1937]). Flipside. seeking to enjoin respondent Commission on Elections (COMELEC) from implementing certain provisions of Batas Pambansa Big. 4. that it does not apply as well to the public officer as principal in the crime. 4 is clear and unequivocal: SEC. 215 SCRA 349. (as) it contains a rule of evidence and a substantive element of the crime. Gunther & K. 2d 408. G. of N. Co.) In addition to the above-cited provisions. There is no ruling of that constitutional body on the matter. v. (Philippine Constitution Association. 4 more than enough. Vitug. The purpose of the law is to allow the emergence of younger blood in local governments. [33] However. [1] Approved 12 July 1991 and took effect 8 October 1991. dishonesty. [7] Mustang Lumber. 385.000. a qualified voter. however. (Batas Pambansa Blg. JR. [27] United States v. National Endowment for the Arts v. Mr. Edu vs. rebellion or other similar crimes. 722. is a former Governor of Nueva Vizcaya. not a doubtful and equivocal breach. 279 U.A. Primarily. which are penalized by reclusion perpetua to death. concurred and joins J.. criminal acts.. and in turn. A. Was one of the complainants before Ombudsman. indeed. 115430. Relative to petitioner's contentions on the purported defect of Sec. IGOT. please see concurring opinion. Indeed. JUSTICE BELLOSILLO: But there is proof beyond reasonable doubt insofar as the predicate crimes charged are concerned that you do not have to go that far by applying Section 4? ATTY. it cannot be denied that neither one has been convicted nor charged with acts of disloyalty to the State. 37. 362 U. but also taxpayers have sufficient interest in preventing the illegal expenditure of moneys raised by taxation and they may. he says. AGABIN: Yes." [24] 401 U. the degree of participation and the attendance of mitigating and extenuating circumstances. If you can prove by pattern. Inc. [26] FW/PBS. Jr. 2. 115044. [14] NAACP v. [23] Constitution. that the parties have raised the issue of constitutionality early enough in their pleadings. as applied challenges are the basic building blocks of constitutional adjudication and that determinations that statutes are facially invalid properly occur only as logical outgrowths of ruling on whether statutes may be applied to particular litigants on particular facts.. per se is no assurance of judicial review. see also People v. 96 [1978]) of respondent COMELEC as provided for in section 2. see dissenting opinion. it would be absurd to treat prosecutions for plunder as though they are mere prosecutions for violations of the Bouncing Check Law (B. It is thus plain from the foregoing that the legislature did not in any manner refashion the standard quantum of proof in the crime of plunder. As Applied and Facial Challenges. Kapunan.. No. they can claim no locus stand in seeking judicial redress.S. 721-2 (1997) (emphasis added). Courts are practically unanimous in the pronouncement that laws shall not be declared invalid unless the conflict with the Constitution is clear beyond reasonable doubt (Peralta vs.000. Fallon. it was only during the hearing. speaking through our present Chief Justice. 372 U. all local elective officials hereinabove mentioned shall hold office for a term of six (6) years. Comelec.A. App. But. The Plunder Law. Oklahoma. Mendoza. 492 U. Seen in this light. 1980. in an important sense. Terms of Office — Unless sooner removed for cause. There are crimes. or to participate in any partisan political activity therein: provided that a judgment of conviction for any of the aforementioned crimes shall be conclusive evidence of such fact and the filing of charges for the commission of such crimes before a civil court or military tribunal after preliminary investigation shall be prima fascie evidence of such fact.S. 22) or of an ordinance against jaywalking. 179 SCRA 828. Comelec. PATRICIO DUMLAO. No.JUSTICE BELLOSILLO: In other words. 413 (1972) (internal quotation marks omitted). Indubitably. 331 [1960]). In fine. citing Philippine Constitution Association vs. it bears reiteration that the equal protection clause does not forbid all legal classification. et als. especially since in the case of plunder the predicate crimes are mainly mala in se.. The respectively contest completely different statutory provisions. extraordinarily methodical and economically catastrophic looting of the national treasury. Any decision. 733: SENATOR TAÑADA . For one. What the prosecution needs to prove beyond reasonable doubt is only a number of acts sufficient to form a combination or series which would constitute a pattern and involving an amount of at least P50.S. Ed. which are hereby declared as disqualification for any of the elective officials enumerated in section 1 hereof. 52.S. Inc. and 53 for being unconstitutional. XII-C. . Yet. and 6 BP Blg. which this Court is being asked to review on Certiorari. the prosecution need not prove each and every criminal act done to further the scheme or conspiracy. as in this case.. 51) Sec. driver or occupant of the carnapped vehicle is killed or raped. but each must be proved beyond reasonable doubt. In the absence of any litigate interest. Mina (26 SCRA 512 [1968]). unlawfully and criminally. .[34] Senator Tañada was only saying that where the charge is conspiracy to commit plunder. 5 L. 867 (1967). Alfredo Salapantan. Igot. are clearly heinous by their very nature. The long-standing rule has been that "the person who impugns the validity of a statute must have a personal and substantial interest in the case such that he has sustained. Besides. There are crimes that are. Mendoza's concurring opinion.R.S. Salerno." We have already stated that. any form of misappropriation or misapplication of government funds translates to an actual threat to the very existence of government. 193 (1912). infanticide.. 4 November 1992. nor disqualified from being candidates for local elective positions. a petition for an advisory opinion from this Court to be rendered without the benefit of a detailed factual record Petitioner Dumlao's case is clearly within the primary jurisdiction (see concurring Opinion of now Chief Justice Fernando in Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for such offense.. The application of mitigating and extenuating circumstances in the Revised Penal Code to prosecutions under the Anti-Plunder Law indicates quite clearly that mens rea is an element of plunder since the degree of responsibility of the offender is determined by his criminal intent. Petitioner Dumlao has joined this suit in his individual capacity as a candidate. this Court holds that RA 7080 otherwise known as the Plunder Law. 63 Phil. As held by this Court in Tan vs. The thesis that Sec. 1. also question the accreditation of some political parties by respondent COMELEC. 158 (1936). Jr. 481 U. No. "it is a wellsettled rule that the constitutionality of an act of the legislature will not be determined by the courts unless that question is properly raised and presented in appropriate cases and is necessary to a determination of the case. Compare Angara v. Coming now to the case of retirees. [6] 82 C. it is well settled that the validity of a statute may be contested only by one who will sustain a direct injury in consequence of its enforcement.. by the standards set forth in People vs. 18 SCRA 300 [1966]). Thus. Inc.2d 281. In the checkered history of this nation. Absent herein is a showing of the clear invalidity of the questioned provision. 455 U. Constitutional Law 1299 (2001).. who has retired from a provincial. 24 January 2001. a good policy of the law would be to promote the emergence of younger blood in our political elective echelons.S. it is within the compentence of the legislature to prescribe qualifications for one who desires to become a candidate for office provided they are reasonable. 115-121. on the ground that it is contrary to section 9(1)Art. Well accepted is the rule that to justify the nullification of a law. would provide for a speedier and faster process of attending to this kind of cases? SENATOR TAÑADA: Yes. 1321 (2000) arguing that. The legislative declaration in R. 707 (1987). 1980. on one hand said petitioners lgot and Salapantan. Shelton v. On the other hand. 53. as being contrary to the equal protection clause guaranteed by the Constitution. [9] Resolution of 9 July 2001. 57841. thus: . While. even granting for the sake of argument that Sec. Vera. as provided by the Revised Penal Code. Wilson. Ed 2d 830. Romeo B. [25] Broadrick v. [34] Ibid. In the imposition of penalties. "[T]he power of judicial review is limited to actual cases and controversies to be exercised after full opportunity of argument by the parties. and his eventual prosecution and trial under a virginal statute. [10] See People v." It thus alleges guilty knowledge on the part of petitioner. Salerno. again we agree with Justice Mendoza that plunder is a malum in se which requires proof of criminal intent. [17] 413 U. The need for new blood assumes relevance. Only by responding to the clarion call for patriotism. II. 489. but not plunder. 1980 Peralta vs. Ed. Secretary of Public Works. The anatomy of graft and corruption has become more elaborate in the corridors of time as unscrupulous people relentlessly contrive more and more ingenious ways to bilk the coffers of the government. et al. 37 L. cannot an accused be convicted under the Plunder Law without applying Section 4 on the Rule of Evidence if there is proof beyond reasonable doubt of the commission of the acts complained of? ATTY. parricide. Lastly. XII-C of the Constitution. [37] Black's Law Dictionary 959 (1990). 82 SCRA 30 [1978] citing Felwa vs. 331 [1960]. at 1328. It follows that the necessity for resolving the issue of constitutionality is absent. Buena. 1. In the same vein. 52 is discriminatory against him personally is belied by the fact that several petitions for the disqualification of other candidates for local positions based on the challenged provision have already been filed with the COMELEC (as listed in p. Thus. Dumlao has not been adversely affected by the application of that provision. has taken his oath to support the Constitution and obey the laws of the land. 1980. 106 L. as authorized by Batas Pambansa Blg. 518. respondent's Comment).[32] We do not subscribe to petitioner's stand. 20 SCRA 849. if left unchecked. the Courts not being entirely without discretion in the matter. either because life was callously taken or the victim is treated like an animal and utterly dehumanized as to completely disrupt the normal course of his or her growth as a human being ... J: This is a Petition for Prohibition with Preliminary Injunction and/or Restraining Order filed by petitioners. and ALFREDO SALAPANTAN. or subjected to dehumanizing acts. and in effect.. 57 L. (Batas Pambansa Big. G. but. Section 1.. and that the classification provided therein is based on "purely arbitrary grounds and. the statutory provisions questioned in this case.S. Art. [11] Ibid. In the case of petitioners Igot and Salapantan. 56 [1933]). respondent. J. by their very nature.. have been validly classified differently from younger employees. MELENCIO-HERRERA. [15] Gooding v. class legislation. 139.. Sandoval-Gutierrez. §1 and 5. 94187. The substantive viewpoint.P." The prosecution is therefore not required to make a deliberate and conscious effort to prove pattern as it necessarily follows with the establishment of a series or combination of the predicate acts. extortion. citing Cooper vs. nowhere in their Petition do said petitioners allege that their tax money is "being extracted and spent in violation of specific constitutional protections against abuses of legislative power" (Flast v. the amendatory law of RA 7080. 110 Phil.000. 2d at 841." For their part. [21] G. 4.. has been relaxed in Pascual vs. Jr. 414 (1925). XI I-C of the Constitution and disqualification mentioned in existing laws. 65 Phil. 369 (1982). (Batas Pambansa. 547). 4. JUSTICE BELLOSILLO: Can you not disregard the application of Sec. Art. 4 is flawed and vitiated for the reasons advanced by petitioner." such that without it the accused cannot be convicted of plunder . Ed 2d 697. No. 4 L. there is no way by which we can avoid Section 4.S. par. Cruz v. if all the elements of the crime are proved beyond reasonable doubt without applying Section 4. 362 U.e. "The question of accreditation will not be taken up in this case but in that of Bacalso. on the other. 52 is contrary to the safer guard of equal protection is neither well taken. all the essential elements of plunder can be culled and understood from its definition in Sec. 1977 ed. 52-53. (2) an interest personal and substantial by the party raising the constitutional question: (3) the plea that the function be exercised at the earliest opportunity and (4) the necessity that the constiutional question be passed upon in order to decide the case (People vs. despicable.If any provisions of this Act or the application thereof to any person or circumstance is held invalid. 2d 524 (1960). Vera. that Igot is said to be a candidate for Councilor. Eastern Telecommunications Phil. G. accumulate or acquire ill gotten wealth. v. Separability of Provisions. 4 does not define or establish any substantive right in favor of the accused but only operates in furtherance of a remedy. petitioner cites the following remarks of Senator Tañada made during the deliberation on S. Fox.. rape or intentional mutilation. please see separate concurring opinion. PREMISES CONSIDERED. 189 Kan 403. There would be no other explanation for a combination or series of overt or criminal acts to stash P50. L. or that public money is being deflected to any improper purpose. destructive arson. one class can be treated and regulated differently from another class. or that there is a misapplication of such funds by respondent COMELEC (see Pascual vs. Jr. Ring. in his Concurring Opinion x x x Precisely because the constitutive crimes are mala in se the element of mens rea must be proven in a prosecution for plunder. and that the rule enunciated in People vs. 82 SCRA 30. Finley. Rule of Evidence. Gonzales for petitioners Office of the Solicitor General for respondent. The tiredness of the retiree for government work is present. say below 65. This Petition. and becomes. our thinking is that Section 4 contains a very important element of the crime of plunder and that cannot be avoided by the prosecution. 612-613. 240 SCRA 644. to rule squarely on two of the challenged provisions. Patricio Dumlao. employees 65 years of age. The Secretary of Public Works (110 Phil. Alabama. laws providing for the disbursement of public funds. 1979 and terminate on January 28. Petitioner Dumlao's interest is alien to that of petitioners Igot and Salapantan Petitioner Dumlao does not join petitioners Igot and Salapantan in the burden of their complaint. Raul M. [2] Approved 13 December 1993 and took effect 31 December 1993. this Court held in People v. Rafael v. No. we have to avail of Section 4 when there is proof beyond reasonable doubt on the acts charged constituting plunder? ATTY. then there is a crime of plunder (underscoring supplied). shall we emerge triumphant in the midst of ferment. Yet. And the evidence that will be required to convict him would not be evidence for each and every individual criminal act but only evidence sufficient to establish the conspiracy or scheme to commit this crime of plunder. Salas. Ed. 52. 104988.Ed. can you not have a conviction under the Plunder Law? ATTY. B. 52) (Paragraphing and Emphasis supplied).00 or more. 4 does away with proof of each and every component of the crime suffers from a dismal misconception of the import of that provision. Echegaray[38] to the archives of jurisprudential history. 2d Supp. JJ. your Honor. 521. . 32-33. [With the government] terribly lacking the money to provide even the most basic services to its people. especially designed to disentangle those ghastly tissues of grand-scale corruption which. Viewed in this context. the capital crimes of kidnapping and serious illegal detention for ransom resulting in the death of the victim or the victim is raped. the very survival of the people it governs over. or municipal positions. by virtue of a change of mind. Cases on Constitutional Law. 27 L. in relation to Sec. sec." There is no reason to believe. question the constitutionality of statutes requiring expenditure of public moneys. there can also be retirees from government service at ages. [35] Roschen v. 413 U. 51. Retirement from government service may or may not be a reasonable disqualification for elective local officials. AGABIN: In that case he can be convicted of individual crimes enumerated in the Revised Penal Code. insurrection. JJ. Besides. Comelec (27 SCRA 835 [1969]). The reasons which have impelled us are the paramount public interest involved and the proximity of the elections which will be held only a few days hence. acquiring or amassing hidden wealth. J. 250 SCRA 268. v. It is only a means to an end. without regard to the inherent wrongness of the acts. AGABIN: Well. v. 83 [1960]). Salonga construed in brief the provision. 2d 231 (1960). might or might not be a reasonable classification although. there is reason to disqualify him from running for the same office from which he had retired. 745 95 L. Hoffman Estates.. destructive arson resulting in death. Jr. JJ.R. Petitioners then pray that the statutory provisions they have challenged be declared null and void for being violative of the Constitution. I. 337. you need not prove all those beyond reasonable doubt. (d). No. Tucker 364 U. For another. direct injury as a result of its enforcement" (People vs. petitioners Igot and Salapantan. G. i. and "pattern" is not one of them. concededly. Blg. lawphil Republic of the Philippines SUPREME COURT Manila EN BANC G. Just as that provision does not deny equal protection neither does it permit of such denial (see People vs. Election of certain Local Officials — .. It may neither be reasonable to disqualify retirees. the Gentleman feels that it is contained in Section 4. Telfair 4 Dall 14. 121777. he would like to assume again. 195196. The election shall be held on January 30. returns and qualifications of all members of the National Assembly and elective provincial and city officials. in their own behalf and all others allegedly similarly situated. The Petition alleges that petitioner. JUSTICE BELLOSILLO: In other words. J. by necessary effect. 9 L. 338 (1986). an aid to substantive law. the Philippine Government must muster the political will to dismantle the culture of corruption. Again upon the authority of People vs. in which the abomination lies in the significance and implications of the subject criminal acts in the scheme of the larger socio-political and economic context in which the state finds itself to be struggling to develop and provide for its poor and underprivileged masses. For purposes of public service. Art. you do not have to prove 150 crimes. let’s say 10. et al. where the victim is detained for more than three days or serious [22] Id. greed and syndicated criminality that so deeply entrenched itself in the structures of society and the psyche of the populace. especially if by doing so.S. The burden still remains with the prosecution to prove beyond any iota of doubt every fact or element necessary to constitute the crime. 4 is "two pronged. The prosecution need not prove all these fifty (50) raids.S. is also a taxpayer. De la Piedra. it might be that persons more than 65 years old may also be good elective local officials. Election and Campaign Period — The election period shall be fixed by the Commission on Elections in accordance with Section 6. who has filed his certificate of candidacy for said position of Governor in the forthcoming elections of January 30..000. 217. assail the validity of the following statutory provisions: Sec 7. et als. after all. COMMISSION ON ELECTIONS. Other heinous crimes are punished with death as a straight penalty in R. 1942. because Section 4 is two pronged.R. Ed.S. 226 U. L-52245 January 22. 840-841 (1973). p. The procedural Aspect At the outset.. 369 P2d 365. rape. 391. As regards the third issue. Separate Opinion). 7 of RA 7080 provides for a separability clause . C. Cohen. as provided for in the challenged provision.00. 601. Consequently. XIIC of the Constitution.S. City Mayor. Vera. 493 U..B. and carnapping where the owner. 360. Sec. the institution of a taxpayer's suit. the existing rules on evidence can supplant Sec. Special Disqualification in addition to violation of section 10 of Art. not in their Petition. order. however. Echegaray:[36] The evil of a crime may take various forms. but there is no canon against using common sense in construing laws as saying what they obviously mean. is a taxpayer. Actual case and controversy. Panganiban J.R. 18 September 2001. What is proscribes is a classification which is arbitrary and unreasonable. Senator Tañada was discussing §4 as shown by the succeeding portion of the transcript quoted by petitioner: SENATOR ROMULO: And. and who shall have been 6. 4 December 1989. The declaration of this Court therein that RA 7659 is constitutionally valid stands as a declaration of the State. 405 U.J. the issue of constitutionality must be the very lis mota presented. In support of his contention that the statute eliminates the requirement of mens rea and that is the reason he claims the statute is void. v. and what is emphatically significant is that the retired employee has already declared himself tired and unavailable for the same government work. Ed. the elements of the crime must be proved and the requisite mens rea must be shown.R. a qualified voter and a member of the Bar who. Proper party. including acts amounting to subversion. no part. 6 December 2000 (Mendoza. where the classification is germane to the purpose of the law and applies to all Chose belonging to the same class (Peralta vs. 18 June 1996. Accord. Although petitioners plead nine constraints as the reason of their joint Petition. The Commission on Elections shall have the following power and functions: 2) Be the sole judge of all contests relating to the elections. Vera. COMELEC. President. 728 (1929). They have no personal nor substantial interest at stake. Ed. 12.S. 288.5 years of age at the commencement of the term of office to which he seeks to be elected shall not be qualified to run for the same elective local office from which he has retired (Emphasis supplied) Petitioner Dumlao alleges that the aforecited provision is directed insidiously against him. 7 February 1997. To clinch. [19] Village of Hoffman Estates v."[35] Finally. Our nation has been racked by scandals of corruption and obscene profligacy of officials in high places which have shaken its very foundation. Lozano v.S. Ganguso. shall be considered by the court. it may simply be severed from the rest of the provisions without necessarily resulting in the demise of the law. the remaining provisions of this Act and the application of such provisions to other persons or circumstances shall not be affected thereby. There is no need to prove each and every other act alleged in the Information to have been committed by the accused in furtherance of the overall unlawful scheme or conspiracy to amass. Sec.involved in these transactions... Puno. accumulate or acquire ill-gotten wealth. Dodd. Neither do petitioners seek to restrain respondent from wasting public funds through the enforcement of an invalid or unconstitutional law. your Honor. join concurring opinion of J. there is a misjoinder of parties and actions. assimilated in the Constitution now as an integral part of it. do not directly involve the disbursement of public funds. 70 L. it contains a rule of evidence and it contains a substantive element of the crime of plunder. (ibid. Ed. Sullivan. AGABIN: Your Honor. thuswise: “If there are let’s say 150 crimes all in all. 18 SCRA 606 [1966]. to require that candidates should not be more than 65 years of age at the time they assume office. Referring to these groups of heinous crimes. Pardo. 4. 377 U. Neither one of them has been calle ed to have been adversely affected by the operation of the statutory provisions they assail as unconstitutional Theirs is a generated grievance. malversation. Rule of Evidence. as such. even without invoking Sec. 307. 56). . [36] 267 SCRA 682. Ed. General Constr. Inc. XII-C.S. His is a question posed in the abstract. to rise above factionalism and prejudices. namely. Vera 65 Phil. any doubt as to whether the crime of plunder is a malum in se must be deemed to have been resolved in the affirmative by the decision of Congress in 1993 to include it among the heinous crimes punishable by reclusion perpetua to death. Ed.. 739. 82 SCRA 55 [1978].. Mathay. supra). 2 in conjunction with Sec. Vera. 87001. BP Blg. It is basic that the power of judicial review is limited to the determination of actual cases and controversies. No. 338 (1958). In respect of election to provincial. 5 June 1989. the epigraph and opening clause of Sec. 1155 [1957]). . G. 223. city or municipal office. Inchong etc. This tellingly overthrows Dumlao's contention of intentional or purposeful discrimination. 17. it has been held: In the determination of the degree of interest essential to give the requisite standing to attack the constitutionality of a statute. as amended by RA 7659. traditionally unacceptable for judicial resolution. 494-95.R. The Constitution of the Philippines. your Honor. As Justice Holmes said: "We agree to all the generalities about not supplying criminal laws with what they omit.. pp. The paradigmatic case is Yazoo & Mississippi Valley RR. a hypothetical issue. . 165 SCRA 186. Employees attaining that age are subject to compulsory retirement. 15. Corp. 21. 52 as discriminatory and contrary to the equal protection and due process guarantees of the Constitution. in the case of a 65-year old elective local official." which may be enjoined at the request of a taxpayer. for what is crucial for the prosecution is to present sufficient evidence to engender that moral certitude exacted by the fundamental law to prove the guilt of the accused beyond reasonable doubt. (Philippine Constitution Association vs. This continuing saga has driven a wedge of dissension among our people that may linger for a long time. 37 L. 26 Cal. Gimenez. [4] G. 27 August 1992. Macapagal (43 SCRA 677 [1972]). vs. Said Section 4 provides: Sec. aged 65. from any form of harassment and discrimination. et als. Davide. 2d 669. in the interest of orderly procedure. §2 provides that - physical injuries were inflicted on the victim or threats to kill him were made or the victim is a minor. The assertion that Section 4 of BP Blg. No petition seeking Dumlao's disqualification has been filed before the COMELEC. or will sustain. No.000. Ed. 4. however. [28] G. Pattern is merely a by-product of the proof of the predicate acts.R. If the groupings are based on reasonable and real differentiations. 15 SCRA 479 [1965]). So. (d). 2 L. there must be a clear and unequivocal breach of the Constitution. the petition to declare the law unconstitutional is DISMISSED for lack of merit. Ericta (35 SCRA 481 [1970]). 213 SCRA 16. Jackson Vinegar Co. 30 July 1982. Iloilo. The period of campaign shall commence on December 29. hence. 47 Phil. 52. Mendoza. Hill. State Univ. This conclusion is consistent with reason and common sense. It is true that §2 refers to "any person who participates with the said public officer in the commission of an offense contributing to the crime of plunder. p. 328 (1926) cited in Ermita-Malate Hotel and Motel Operators Ass'n. Raines. [3] Lim v. Embroidery and Apparel Control and Inspection Board. No. supposing that the accused is charged in an Information for plunder with having committed fifty (50) raids on the public treasury. Suffice it to say however that it is now too late in the day for him to resurrect this long dead issue. all the provisions thereof should accordingly be treated independently of each other. and in Gonzalez vs.. Rev. they are mala in se[37] and it does not matter that such acts are punished in a special law. The constitutional guarantee of equal protection of the laws is subject to rational classification.R. 73 L. No. [32] TSN. It purports to do no more than prescribe a rule of procedure for the prosecution of a criminal case for plunder. 31 L. that their perpetrators must not be allowed to cause further destruction and damage to society.S. 269 U. [12] State v. vs. 680 (1971). Trinidad. the general rule is that not only persons individually affected. namely (1) the existence of an appropriate case:. People v. therefore. . Any person who has committed any act of disloyalty to the State. there are many decisions nullifying at the instance of taxpayers. 115 SCRA 793. whether bribery. while those of younger ages are not so compulsorily retirable. tortured. 339. 565-6 (1963). par. No.R. petitioner likewise assails the validity of RA 7659.. 479. 51. President . which is. They are actually without cause of action. robbery with homicide. [13] Connally v. 7. as well as murder. There is an additional consideration. Secretary of Environment and Natural Resources. Ed. in the first place Section 4 lays down a substantive element of the law JUSTICE BELLOSILLO: What I said is . Mr.. No.. As far as the acts constituting the pattern are concerned. 27 January 1995. 7. [29] People v. and a resident of San Miguel. It is for this very reason that inequality will neither result from the application of the challenged provision. The action of petitioners Igot and Salapantan is more in the nature of a taxpayer's suit.. it cannot be considered invalid "even it at times. The classification in question being pursuant to that purpose. the Opinion in the Tinio and Gonzalez cases having been penned by our present Chief Justice. That constitutional guarantee is not violated by a reasonable classification based upon substantial distinctions. We have resolved. [20] United States v. For one thing. However. 21 SCRA 336 [1967]..R. National Dairy Prod. which. aged 65. than "a scheme or conspiracy to amass. there are standards that have to be followed inthe exercise of the function of judicial review. It is noteworthy that the amended information alleges that the crime of plunder was committed "willfully. adherence to the strict procedural standard was relaxed in Tinio vs. has fallen far short of the other three criteria. To illustrate.. employees or officers. assuming that to be the case although it is not really so. who is not a retiree. at 613. above stated. . if applicable to everyone. and seeks to prohibit respondent COMELEC from implementing said provision. 2d 524. by an officer of the State for the purpose of administering an unconstitutional act constitutes a misapplication of such funds. 1. city. . in the Gentleman's view.S. 4. is P100 million. destructive arson resulting in death. Blg. COMELEC et als.00. [31] Then Senate President Jovito R. Even then.. it being enough if it proves beyond reasonable doubt a pattern of overt or ciminal acts indicative of the overall unlawful scheme or conspiracy. 4 L. Raines.

Jose M. 103. a prosecutor. I reiterate my view for Peralta that Sec. 3. Mingoa.g. Nonetheless. 773. que han celebrado contrato. U. in the interest of orderly procedure in cases of this nature. C.. Fernando. 22." and that Courts will not set aside a statute as constitutionally defective "except in a clear case. vs.The challenge to the provision in question is predicated on what was referred to as "a known fact in the province of Nueva Vizcaya that the aforesaid provision was concocted and designed precisely to frustrate any bid of herein petitioner to make a political come back [sic] as governor of Nueva Vizcaya. J. 1939. this arbitrary disqualification is likewise grossly violative of Article XII. .. Mere uncorroborated hearsay or rumor does not constitute substantial evidence. y que se han visto obligados a cesar en sus tarbajos por haberse declarando paro forzoso en la fabrica en la cual tarbajan. General Carlos P. and shall enjoy the right to be heard by himself and counsel (Article IV. 83 Law. 59 S. It not only exercises judicial or quasi-judicial functions in the determination of disputes between employers and employees but its functions in the determination of disputes between employers and employees but its functions are far more comprehensive and expensive. (7) The Court of Industrial Relations should. It should not. 185. Persons similarly situated are not similarly treated. 5 Otherwise. namely. the provisions of Commonwealth Act No. a partial declaration of nullity of only that objectionable portion is mandated. we had occasion to joint out that the Court of Industrial Relations et al. J. vice-governor. a conclusion of law. ya individual ya colectivamente. Co. It would suffice if thereby the petition is dismissed for nonobservance of the controlling doctrines.' The obvious purpose of this and similar provisions is to free administrative boards from the compulsion of technical rules so that the mere admission of matter which would be deemed incompetent inn judicial proceedings would not invalidate the administrative order. That the attached documents and exhibits are of such far-reaching importance and effect that their admission would necessarily mean the modification and reversal of the judgment rendered herein. It is not intended to be a mere receptive organ of the Government. constitutional on its face. with the right to appeal to board or commission. 1978). Ct. ibid. (Consolidated Edison Co. which carries with it the accessory penalty of suspension of the right to hold office during the term of the sentence (Art. and avers: 1..) But this assurance of a desirable flexibility in administrative procedure does not go far as to justify orders without a basis in evidence having rational probative force. there was shortage of leather soles in ANG TIBAY making it necessary for him to temporarily lay off the members of the National Labor Union Inc.) . the plea for invalidating such provision is the motive attributed to the Interim Batasang Pambansa. United States: 5 "The decisions of this Court [Supreme Court of the United States] from the beginning lend no support whatever to the assumption that the judiciary may restrain the exercise of lawful power on the assumption that a wrongful purpose of motive has caused the power to be exerted.. does not now preclude the concession of a new trial prayed for the by respondent National Labor Union. Inc. If this be the case.) Only by confining the administrative tribunal to the evidence disclosed to the parties. As was pointed out in J. That the supposed lack of leather materials claimed by Toribio Teodoro was but a scheme to systematically prevent the forfeiture of this bond despite the breach of his CONTRACT with the Philippine Army. there is "clear and present danger" that because of the proximity of the elections. petitioner's printed memorandum. In the case of Goseco vs. ibid. subject to." 11 3. sedition. 2 did not constitute an obstacle to this Court ruling on the crucial constitutional issues raised. There are. for me at least. J.That brings us to the assailed provision as to the sufficiency of the filing of charges for the commission of such crimes as subversion. is that the purpose of the special disqualification is "to infuse new blood in local governments but the classification (that would bar 65-year old retirees from running for the same elective local office) is not rational nor reasonable. The wordings [sic] of the law is so peculiarly attuned to discriminate against herein petitioner because every condition imposed as disqualification grounds are known to be possessed by him because he was a former elective provincial official who has received his retirement benefits. rebellion or other similar crimes before a civil court or military tribunal after preliminary investigation prima facie evidence of the fact of commission of an act of disloyalty to the State on the part of the candidate and disqualify him from his candidacy. is running as the official KBL candidate for governor of his province. Revised Penal Code). Tuason and Co. What is the valid distinction? Is this not an arbitrary discrimination against petitioner who has cause to that "the aforesaid provision was concocted and designed precisely to frustrate any bid of petition to make a political comeback as governor of Nueva Vizcaya 1 — (since no other case by a former governor similarly barred by virtue of said provision can never be cited 2 ). Electoral Commission 1 and People v. WHEREFORE. This is so specifically provided in Section 22 of the 1978 Election Code. that call for application whenever the exercise of this awesome and delicate responsibility of adjudging the validity of a statute or presidential decree is invoked. Que un contrato de trabajo. The weakness of the petition is thus apparent. may be rebutted. under well-settled criteria. for being violative of the constitutional presumption of innocence guaranteed to an accused. It cannot be too strongly stressed that a petition of this character must ever remain an orderly proceeding that cannot be oblivious of the requisites to be complied with to justify a pronouncement on constitutional issues. investigate. and in accordance with. Ubay who retired with full substantial retirement benefits as such judge in 1978 at age 70 and now at past 71 years of age. because the benefit to Files a separate opinion dissenting from the adverse ruling on Dumlaos candidacy and declining to rule on the invalidity of the first part of Section 4 of the questioned Law. 44. we had occasion to point out that the Court of Industrial Relations is not narrowly constrained by technical rules of procedure. 88. I dissent from the majority's dismissal of the petition insofar as it upholds the discriminatory and arbitrary provision of Sec. which if not Identical are analogous.J. Inc. both in the privileges conferred and in the liabilities imposed. Arbitrary selection and discrimination against persons in thus ruled out. which if not Identical. decide. Commonwealth Act No. or at least contained in the record and disclosed to the parties affected. supra). 1937. however. in view of the urgency of the matter and the evil sought to be avoided. and therefore. Ineligibility of person found disloyal to the Government. No. 1. The respondent National Labor Union.S. I am in full agreement. 4. who penned the opinion in United States v. Inc. 57 Law. but their report and decision are only advisory. subarticle C. to use the authorized legal methods of securing evidence and informing itself of facts material and relevant to the controversy. (Chief Justice Hughes in Morgan v. and unjustly favoring the National Workers' Brotherhood.R.S. A portion of the opinion in the aforesaid J. municipal or district mayor and vice. that "the National Workers Brotherhood Union of Ang Tibay is a company or employer union dominated by Toribio Teodoro.. 2d 985. 468. and which they challenge. ibid. manager and propietor.. finds relevance: "It was confronted with a situation that caned for correction.S. 93 F. other 65-year olds who have likewise retired from the judiciary and other branches of government are not in any manner disqualified to run for any local elective office. J. the accused shall be presumed innocent until the contrary is proved. will thereby be avoided..) In the language of this court in Edwards vs. Law is both a grant and a limitation upon power. v. he shall automatically cease in office. (Section 5. hours of labor or conditions of tenancy or employment. (281 U. No.)" (5) The decision must be rendered on the evidence presented at the hearing. termina o bien por voluntad de cualquiera de las partes o cada vez que ilega el plazo fijado para el pago de los salarios segun costumbre en la localidad o cunado se termine la obra. 22 Phil. 52 which would impose a special disqualification on petitioner Patricio Dumlao from running for the elective local office of governor of his home province of Nueva Vizcaya and would in effect bar the electors of his province from electing him to said office in the January 30 elections. However. respondents. Romulo. Beson. Thompson Products. however. aunque su negativa a readmitir se deba a que dichos obreros pertenecen a un determinado organismo obrero. report and recommendation. there appeared to be a majority in favor of the declarations and pronouncements above referred to in the two preceding paragraphs. 568. represented by TORIBIO TEODORO. 989. 227 U. No decision of this Tribunal can be cited in support of such a proposition." (Washington. 2. that counsel of private parties in not a few cases in the recent past had shown less than full awareness of the doctrines. it is sufficient to observe here that. Tuason and Co. C. no matter his age has always been recognized as supreme. there should be none as to the privileges conferred and the liabilities imposed. Ballston-Stillwater Knitting Co. McCoy. which is a departure from the rigid doctrine of the separation of governmental powers. There is in reality here a mingling of executive and judicial functions. That it stopped short of possibly attaining the cure of other analogous ills certainly does not stigmatize its effort as a denial of equal protection. and we have found no substantial evidence that the exclusion of the 89 laborers here was due to their union affiliation or activity. v. Ct. 4 of Batas Pambansa Blg. Such right is conspicuously futile if the person or persons to whom the evidence is presented can thrust it aside without notice or consideration. 2 of Batas Pambansa Big.. concurring: concur in the result as to paragraph I of the dispositive part of the decision. on the lack of persuasiveness of petitioner's argument based on the equal protection guarantee. McCoy. (Sections 2 and 5. however. section 19. ed.In so far as the petition of Igot and Salapantan are concerned. Adv. That the exhibits hereto attached are so inaccessible to the respondents that even with the exercise of due diligence they could not be expected to have obtained them and offered as evidence in the Court of Industrial Relations. 2. the forms of litigation are but slight retaining walls. Ct. ed. a few words may not be amiss on what for me is the proper approach to take as to the lack of power of this Court to pass on the motives of the legislative body. procedural in character. endeavor to reconcile the parties and induce them to settle the dispute by amicable agreement.M. Both are 65 and are retirees. 563. The first provides: a. this Tribunal must pass on the merits. Ct. it amounted to a constitutional infirmity fatal in character. 1.R. It is not germane nor relevant to the alleged purpose of "infusing new blood" because such "old blood" retirees may continue in local governments since they are not disqualified at all to run for any other local elective office such as from provincial governor. Office of the Solicitor-General Ozaeta and Assistant Attorney Barcelona for the Court of Industrial Relations. 1980 in the afternoon.) The Court of Industrial Relations may refer any industrial or agricultural dispute or any matter under its consideration or advisement to a local board of inquiry.) 6. THE COURT OF INDUSTRIAL RELATIONS and NATIONAL LABOR UNION.mayor to member of the Sangguniang Panlalawigan Sangguniang Panglunsod and Sangguniang Bayan. (Interstate Commerce Commission v. Where no valid distinction could be made as to the relevant The Solicitor-General in behalf of the respondent Court of Industrial Relations in the above-entitled case has filed a motion for reconsideration and moves that. 44. The supremacy of the Constitution stands out as the cardinal principle." 8 2. who was elected a 80 as a member of the Interim Batasan Pambansa and who has just this month completed 81 years of age and has been hailed by the President himself as "the best foreign minister the Republic has ever had Age has simply just never been a yardstick for qualification or disqualification. And although the filing of charges is considered as but prima facie evidence. It may be that the volume of work is such that it is literally Relations personally to decide all controversies coming before them. being a prima facie evidence of such fact and therefore justifying the disqualification of a candidate. Inc.. 624. therefore a gross denial of the cardinal constitutional guarantee that equal protection and security shall be given under the law to every person. U. L-46496 February 27. arbitration. 52. 213 del Commonwealth. quoted in full earlier. decreed February 7.. R. 185. is entirely false and unsupported by the records of the Bureau of Customs and the Books of Accounts of native dealers in leather. render its decision in such a manner that the parties to the proceeding can know the various issues involved. can the latter be protected in their right to know and meet the case against them. and not simply accept the views of a subordinate in arriving at a decision. 1938. For the judiciary must ever endeavor to vindicate rights safeguarded by the fundamental law.. may be divided in two parts. other than the local elective office from which they retired. erase uncertainty." ' Thus. being similar to certain presumptions in Articles 217 and 315 of the Penal Code. section 4. National Labor Relations Board v. A petitioner who bases his claim for relief on asserted constitutional deficiencies deserves to be heard. If law be looked upon in terms of burden or charges. In view of the conclusion reached by us and to be herein after stead with reference to the motion for a new trial of the respondent National Labor Union. then a candidate Would be hard put to destroy the presumption. Unlike a court of justice which is essentially passive. concurs and submits a brief separate opinion. oppressive and unreasonable. violations of the anti-subversion and firearms laws. ibid. In the event his final conviction comes after his election. judgment of conviction jor any of the aforementioned crimes shall be conclusive evidence of such fact . as a candidate is disqualified from running for public office on the ground alone that charges have been filed against him before a civil or military tribunal. abstain as far as petitioner Dumlao is concerned. the invocation by petitioner of the equal protection clause is futile and unavailing . provided that the number of employees.. 24 S. (section 13. National Labor Relations Board. 3 While this Court cannot be accused of being bound by the letters of judicial timidity.. That Toribio Teodoro's letter to the Philippine Army dated September 29. It is germane to the subject. is hereby declared null and void." To specially and peculiarly ban a 65-year old previously retired elective local official from running for the same elective office (of governor. S. G. in Morgan v. The classification cannot be stigmatized as lacking in rationality. ed. it is best that evidence pro and con of acts of disloyalty be aired before the Courts rather than before an administrative body such as the COMELEC. compared to retirement benefits of other executive officials and members of the judiciary). Ct. Its disregard is a matter of serious concern. Co. 301 U. Furthermore. their disqualification or non-disqualification and consequent classification as "old blood" or "new blood" cannot hinge on such an irrelevant question of whether or not they have received their retirement benefits. 46673. For petitioner. XXXVI O. whether in a civil court or in a military tribunal saddled as he is with so many complaints filed on his desk would give in to the all-too-human propensity to take the easy way out and to file charges. 74 Law. We have given our sanction to the principle underlying the exercise of police power and taxation. O' Brien 7 put the matter thus: "Inquiries into congressional motives or purposes are a hazardous matter. Said paragraph reads: SEC. FERNANDO. 1296.D. 6 Cir. Co. 1129. De Castro. as amended by Republic Act No. The point was likewise raised as to why should national officials be excluded in the above provision.) This principle emanates from the more fundamental is contrary to the vesting of unlimited power anywhere. 1) the first paragraph of section 4 of Batas pambansa Bilang 52 is hereby declared valid.. time constraints will prevent one charged with acts of disloyalty from offering contrary proof to overcome the prima facie evidence against him.S. and settle any question. We have re-examined the entire record of the proceedings had before the Court of Industrial Relations in this case.) It means such relevant evidence as a reasonable mind accept as adequate to support a conclusion. acting only when its jurisdiction is invoked and deciding only cases that are presented to it by the parties litigant. The opinion of the Court invoked the constitutional presumption of innocence as a basis for its being annulled. L. The most that can be said is that he falls within the-proscribed class. 431. There are primary rights which must be respected even in proceedings of this character: (1) The first of these rights is the right to a hearing. Is there not here. and on the fundamental concept of fairness of which the due process clause is an embodiment. Commonwealth Act No. without the corresponding duty on the part of the board to consider it. (Interstate Commence Commission vs. appeals to this Court have been especially regulated by the rules recently promulgated by the rules recently promulgated by this Court to carry into the effect the avowed legislative purpose. Baird. No. Such being the case. G. the second paragraph of section 4 of Batas Pambansa Blg. That in the exercise by the laborers of their rights to collective bargaining. as well as the fact of retirement and the receipt of retirement benefits are factors that can enter into any legislative determination of what disqualifications to impose. 1973 Constitution). to consider. to reiterate. 103). and for that purpose. or a maximum "canon" or rental to be paid by the "inquilinos" or tenants or less to landowners. city or municipal official. 58 S. 52 which would make the mere filing of charges of subversion. "is based on a presumption that elective local officials who have retired and are of advanced age cannot discharge the functions of the office they seek as those who are differently situated. When the issue is simply the interpretation of legislation. It was a cause for concern. 648. it is alleged that "the supposed lack of material claimed by Toribio Teodoro was but a scheme adopted to systematically discharged all the members of the National Labor Union Inc. v. mayor or councilor of 65 is entitled to run for governor (because the disqualification is for the retiree of 65 to run for the same elective office from which he retired) but petitioner is barred from doing so (although he may run for any other lesser office). 906. For the principle is that equal protection and security shall be given to every person under circumstances. must act on its or his own independent consideration of the law and facts of the controversy. this Tribunal is not susceptible to the reproach that it has imprisoned itself in its allegiance to the philosophy of judicial self-restraint. That the century provisions of the Civil Code which had been (the) principal source of dissensions and continuous civil war in Spain cannot and should not be made applicable in interpreting and applying the salutary provisions of a modern labor legislation of American origin where the industrial peace has always been the rule.. G. 57 Law. the function of the Court of Industrial Relations. There can be no undue favoritism or partiality on the one hand or hostility on the other. 25.. 131. which. be eligible and his certificate of candidancy shall not be given due course not shall the votes cast in his favor be counted. p. 2d 758. majority rule and elective representation are highly essential and indispensable. any retired elective provincial. That goes without saying. Being infected with constitutional infirmity. J. — Any person found guilty in a final judgment or order of a competent court or tribunal of any crime involving disloyalty to the duly constituted Government such as rebellion.) It shall. If law be looked upon in terms of burden or charges. and assure respect for constitutional limitations. the conditions not being different. 194 U. promulgated September 13. I. a legislative/administrative determination of guilt should not be allowed to be substituted for a judicial determination. 760. It is more an administrative than a part of the integrated judicial system of the nation. the filing of charges for the commission of such crimes before a civil court or military tribunal after preliminary investigation shall be prima facie evidence of such fact". 80 law. 4. puesto que tales ya han dejado deser empleados suyos por terminacion del contrato en virtud del paro. 147. and the legislation that was the result of its deliberation sought to apply the necessary palliative. they are disqualified only when they have received payment of the retirement benefits to which they are entitled under the law (which amount to very little. dissenting: conditions that call for consideration. 1335). 103. 4 Clearly then. As the opinion of the Court makes clear. 1938. then his plea for nullification should be accorded a sympathetic response. 33 S.R... paragraph 2. 81 Law. the existence and functions of which are illegal. 9(1) Art. with sporadic conclusion drawn to suit their own views. 142. shares or compensation.) (6) The Court of Industrial Relations or any of its judges. We shall proceed to dispose of the motion for new trial of the respondent labor union. The petitioner. Agustin. v. It shall take cognizance or purposes of prevention. 650. 45844. concur. such majority seems to have been dissipated by the view that the action to nullify such second paragraph of section 4 of the Batas in question is premature and has not been properly submitted for ajudication under the strict procedural require . in all controversial questions.. In my opinion. "Persons similarly situated should be similarly treated. G. ibid.. v." (3) "While the duty to deliberate does not impose the obligation to decide right. It is entirely a different matter when we are asked to void a statute that is. 97 F. that 'the legislature is not required by the Constitution to adhere to the policy of all "or none. Furthermore. therefore. national labor Relations Board. Favoritism and undue preference cannot be allowed. In ultimate effect. e. In its opinion. who has received payment of the retirement benefits to which he is entitled under the law and who shall have been 65 years of age at the commencement of the term of office to which he seeks to be elected. 98 F. 15. it does imply a necessity which cannot be disregarded. p. the record is barren and does not satisfy the thirst for a factual basis upon which to predicate. Claro M. 48 Law. (4) Not only must there be some evidence to support a finding or conclusion (City of Manila vs. 225." (Section 20. my above views. A sense of realism for me compels a declaration of nullity of a provision which on its face is patently offensive to the Constitution. If they have not received such retirement benefits.S. it shall investigate and study all industries established in a designated locality. (Paragraph 2. prays for the vacation of the judgement rendered by the majority of this Court and the remanding of the case to the Court of Industrial Relations for a new trial. such imputation is not deserving of credence. decision and settlement. "the right to adduce evidence. and such industrial or agricultural dispute is submitted to the Court by the Secretary of Labor or by any or both of the parties to the controversy and certified by the Secretary of labor as existing and proper to be by the Secretary of Labor as existing and proper to be dealth with by the Court for the sake of public interest.M. and concurs with the pronouncement that the mere filing of charges shall be prima facie cause for disqualification is void. 88. asi individual como colectivo. a retired vice-governor. such judgment of conviction must be final and unappealable. 9. In the United States the difficulty is solved with the enactment of statutory authority authorizing examiners or other subordinates to render final decision. con ell. under analogous if not Identical circumstances? Respondent's claim.S. Fernandez and Guerrero. yet one is barred from running for the office of governor. It is not what inspired the introduction of a bill but the effect thereof if duly enacted that is decisive.S." (Edwards vs. INC. 304 U. in this case) previously held by him and from which he has retired is arbitrary. 82 Law. The questioned provision should therefore at the least be declared invalid in its application insofar as it would disqualify petitioner from running for the office of governor of his province. 4885. See U. 52 which can stand by itself. Ct. when the controversy is of such a character that to resolve doubts. ed. as of this writing. 213. 4. ed. insurrection. Ang Tibay. There is this relevant excerpt from McCray v. Interstate Commerce Commission v. "the liberty and property of the citizen shall be protected by the rudimentary requirements of fair play. 548. penned by Justice Melencio-Herrera. the questioned provision would deny the bona fide candidate substantive due process and would be grossly violative of his constitutional right of presumption of innocence and of the above-quoted provision of the 1973 Constitution protecting candidates for public office from any form of harassment and discrimination. under like circumstances and conditions. We decline to void essentially on the ground that it is unwise legislation which Congress had the undoubted power to enact and which could be reenacted in its exact form if the same or another legislator made a 'wiser' speech about it.." 3 Such presumption is sheer conjecture. Inc. of the well-settled principle that "all reasonable doubts should be resolved in favor of constitutionality. Vera. that the Court of Industrial Relations may be said to be free from the rigidity of certain procedural requirements does not mean that it can. Age. to quote from Luzon Surety Co. 1939. 298 U. to the extreme detriment of a person charged. ed. sound decision-making in this circumstance is thought sufficient to risk the possibility of misreading Congress' purpose. it remains true that no cavalier disregard of tried and tested concepts should be given encouragement. Explicit is the constitutional provision that. they are not disqualified. Jr. That the employer Toribio Teodoro was guilty of unfair labor practice for discriminating against the National Labor Union. No. matter controversy or dispute arising between. is more active. It is right and proper that the voice of the Solicitor General should be heard in protest against such neglect of rudimentary precepts. The Court of Industrial Relations is a special court whose functions are specifically stated in the law of its creation (Commonwealth Act No. 999." Petitioner further alleges under oath that the exhibits attached to the petition to prove his substantial avernments" are so inaccessible to the respondents that even within the exercise of due diligence they could not be ANG TIBAY. what called for such a measure is the propensity of the local officials having reached the retirement age and having received retirement benefits once again running for public office. Antonio D. limits to judicial activism. As aptly restated by the Chief Justice. promulgated November 29. Op. however. JJ. a place when directly attached. Luling. The fact. We are constrained to hold that this is one such clear case. Before doing this. There are times. and NATIONAL WORKERS BROTHERHOOD. Inc. is not synonymous with guilt. and crimes against the national security shall not. I would add that such a provision is moreover tainted with arbitrariness and therefore is violative of the due process clause. 1940 transpired during the hearing and is more of a record of contradictory and conflicting statements of opposing counsel. sin tiempo fijo. Al. petitioners. as both of them would be ineligible to run for public office." Finally. 8. whatever restrictions cast on some in the group equally binding on the rest.S. section 9(1) of the 1973 Constitution that Bona fide candidates for any public office shall be free from any form of harassment and discrimination. are analogous. but may include in the award. and/or affecting employers and employees or laborers. Court of Industrial Relations et al. insurrection. XI I is more expensive than the equal protection clause.. Where there is exuberance in the exercise of judicial power. concurring: But as regards the matter of equal protection. In that sense. That conclusion is well-founded.. the most. It condemns before one is fully heard. II. it may appeal to voluntary arbitration in the settlement of industrial disputes. except as to the alleged agreement between the Ang Tibay and the National Worker's Brotherhood (appendix A). Recto for petitioner "Ang Tibay". ABAD SANTOS. Hence my concurrence. however. (5) SEC." 13 As rightfully stressed in the opinion of the Court. with a view to determinating the necessity and fairness of fixing and adopting for such industry or locality a minimum wage or share of laborers or tenants. as in the case of retired Court of First Instance Judge (former Congressman) Alberto S. but no maximum age has ever been imposed as a disqualification for elect public office since the right and win of the people to elect the candidate of their choice for any elective office. It has jurisdiction over the entire Philippines. without regard to technicalities or legal forms and shall not be bound by any technicalities or legal forms and shall not be bound by any technical rules of legal evidence but may inform its mind in such manner as it may deem just and equitable. dejan de ser empleados u obreros de la misma. I therefore concur with the opinion of the Court. The statute provides that "the rules of evidence prevailing in courts of law and equity shall not be controlling. on the basis of what fewer than a handful of Congressmen said about it. ed. Casal for National Workers' Brotherhood. 46673. supra. LAUREL. Que los obreros de una empresa fabril. but such delegation shall not affect the exercise of the Court itself of any of its powers. 725 and People v.. It is separable from the first portion of the second paragraph of section 4 of Batas Pambansa Big. Antonio. order or decision any matter or determination which may be deemed necessary or expedient for the purpose of settling the dispute or of preventing further industrial or agricultural disputes. The performance of this duty is inseparable from the authority conferred upon it. the promptings that may lead a legislator to cast his vote for or against a proposed legislation. Land Tenure Administration: 9 "It suffices then that the laws operate equally and uniformly on all persons under similar circumstances or that all persons must be treated in the same manner." (Appalachian Electric Power v. simply because he is a retired provincial governor of said province "who has received payment of the retirement benefits to which he is entitled under the law and who shall have been 65 years of age at the commencement of the term of office to which he seeks to be elected. January 23. 856. we reconsider the following legal conclusions of the majority opinion of this Court: 1. 598. 860. 431. but in our case there is no such statutory authority. but the evidence must be "substantial. whatever restrictions cast on some in the group equally binding on the rest. promulgated September 13. It is a response to man's innate sense of justice. Necessarily then. Separate Opinions BARREDO. I dissent as to paragraph 2. before hearing the dispute and in the course of such hearing. SO ORDERED. (P. 206. The classification is patently arbitrary and unreasonable and is not based on substantial distinctions which make for real differences that would justify the special disqualification of petitioner. sin termino fijo de duracion o que no sea para una determinada. but certainly not excluding eminent domain. We are aware of the presumption of validity that attaches to a challenged statute. for the reasons stated in his motion. we deem it necessary. . the time element may invariably preclude a full hearing on the charge against him and thus effectively negate the opportunity of an individual to present himself as a candidate. to make several observations regarding the nature of the powers of the Court of Industrial Relations and emphasize certain guiding principles which should be observed in the trial of cases brought before it.J. both in the privileges conferred and the liabilities imposed. R. Additionally. 57 S. no distinction is made between a person convicted of acts of dislotalty and one against whom charges have been filed for such acts. For the principle is that equal protection and security shall be given to every person under circumstances. ed. There is nothing to prevent the legislative body from following a system of priorities. (Section 4. The mere fact that a candidate is less than 65 or has "young or new blood" does not mean that he would be more efficient. Ct. If. no es culpable de practica injusta in incurre en la sancion penal del articulo 5 de la Ley No. That the National Worker's Brotherhood of ANG TIBAY is a company or employer union dominated by Toribio Teodoro. 12 is "not a mere formality that may be dispensed with at will.. In the language of Chief Hughes. effective and competent than a mature 65year old like petition er who has had experience on the job and who was observed at the hearing to appear to be most physically fit. The challenged proviso contravenes the constitutional presumption of innocence. National Labor Relations Board... should be taken as dissents against the majority action. which includes the right of the party interested or affected to present his own case and submit evidence in support thereof. 2d 13. from work" and this avernment is desired to be proved by the petitioner with the "records of the Bureau of Customs and the Books of Accounts of native dealers in leather". Sufice it to city the outstanding case of the incumbent ebullient Minister of Foreign Affairs. Que un patrono o sociedad que ha celebrado un contrato colectivo de trabajo con sus osbreros sin tiempo fijo de duracion y sin ser para una obra determiminada y que se niega a readmitir a dichos obreros que cesaron como consecuencia de un paro forzoso. between landlords and tenants or farm-laborers. in all criminal prosecutions. that of having something to support it is a nullity. in a national way. arising from differences as regards wages. set forth with such lucidity and force by Justice Laurel in the two leading cases of Angara v. 25. (2) Not only must the party be given an opportunity to present his case and to adduce evidence tending to establish the rights which he asserts but the tribunal must consider the evidence presented. TEEHANKEE. as has been invariably the case.) When directed by the President of the Philippines. 4. except as to the degree of proof. and the stakes are sufficiently high for us to eschew guesswork. Republic of the Philippines SUPREME COURT Manila EN BANC G. is vain. 220. The answer is simple. National Labor Relations Board. This it did under the challenged legislative provision. in interest of orderly procedure in cases of this nature.. 2 Cir. It is particularly gratifying that the reiteration in the ably-written and scholarly opinion of the Court. 6 The late Chief Justice Warren. AQUINO. 92 Phil. the provision in question was enacted. Louisville and Nashville R. detract from their duty actively to see that the law is enforced. Such a provision could be the most insidious weapon to disqualify bona fide candidates who seem to be headed for election and places in the hands of the military and civil prosecutors a dangerous and devastating weapon of cutting off any candidate who may not be to their filing through the filing of last-hour charges against him. 7. 4 Cir. 965. Concepcion. laborers or tenants of farm-laborers involved exceeds thirty. a justice of the peace or any public official in any part of the Philippines for investigation. section 4 of Batas Pambansa Bilang 52 is valid. An accusation. the existence and functions of which are illegal. It is a constitutional safeguard of the highest order. 187.S. Commonwealth Act No. (re supposed delay of leather soles from the States) was but a scheme to systematically prevent the forfeiture of this bond despite the breach of his CONTRACT with the Philippine Army. shall not be qualified to run for the same elective local office from which he has retired. The disqualification in question therefore is grossly violative of the equal protection clause which mandates that all persons subjected to legislation shall be treated alike. 1288.I concur with the majority's declaration of invalidity of the portion of the second paragraph of Section 4 of Batas Pambansa Blg. a minimum age to hold public office has been required as a qualification to insure a modicum of maturity 'now reduced to 21 years in the present batas). In the right of the foregoing fundamental principles.) 5. That Toribio Teodoro's claim that on September 26. 3. a provincial fiscal. the Court will look to statements by legislators for guidance as to the purpose of the legislature. What motivates one legislator to make a speech about a statute is not necessarily what motivates scores of others to enact it. he shall have reached 65 years of age. Certainly. Paguia for National Labor Unon. And even in the case of 65-year old local elective officials. The whole transcript taken contains what . A person disqualified to run for public office on the ground that charges have been filed against him is virtually placed in the same category as a person already convicted of a crime with the penalty of arresto. Inc. 2) That portion of the second paragraph of section 4 of Batas Pambansa Bilang 52 providing that ". it is claimed.) And in the light of this legislative policy. those that full within a class should be treated in the same fashion.S. Special disqualification. It was not directed at petitioner solely. It is evident that these statements and expressions of views of counsel have no evidentiary value. and the Act requires it to "act according to justice and equity and substantial merits of the case.. (Section 10. rebellion or others of similar nature before a civil court or military tribunal after preliminary investigation. ADDENDUM When the case was voted upon a second time last January 21st.) It shall not be restricted to the specific relief claimed or demands made by the parties to the industrial or agricultural dispute.. this Court must rule. Accordingly. Ct. may employ mediation or conciliation for that purpose. or recur to the more effective system of official investigation and compulsory arbitration in order to determine specific controversies between labor and capital industry and in agriculture. and regulate the relations between them. 103 (section 1). It would be to extend unduly the concept of judicial review if a court can roam far and wide and range at will over the variety and diversity of the reasons. This result. however. v. A highly possible conflict of findings between two government bodies. of any industrial or agricultural dispute causing or likely to cause a strike or lockout. par. Abilene and Southern Ry. thus calling for the nullification of the disqualification of a candidate upon the mere filing of charges against him. termed as concurrences. on the other hand. Vera. & N. concurring. whenever objections based on refusal to abide by the procedural principles are presented.: Makasiar. 52 should be one which is final and unappealable. affirmative and dynamic. 34 Phil.. concurring: concur but wish to add that a judgment of conviction as provided in Sec. yet. 93 33 S. 56 S. — In addition to violation of Section 10 of Article XII(C) of the Constitution and disqualifications mentioned in existing laws which are hereby declared as disqualification for any of the elective officials enumerated in Section 1 hereof.) In fine. No. the provision in question is susceptible to the reproach that it amounts to a denial of equal protection. The guarantee is meant to proscribe undue favor and individual or class privilege on the one hand and hostile discrimination and the oppression of in quality on the other. Inc.. (Section 9. It may be a task of superfluity then to write a concurring opinion. city. of the standard that must be met before the power of judicial review may be availed of. has filed an opposition both to the motion for reconsideration of the respondent National Labor Union. in justifiable cases before it. Virginia and Maryland Coach Co. J. we are of the opinion that it is not necessary to pass upon the motion for reconsideration of the Solicitor-General. and may delegate to such board or public official such powers and functions as the said Court of Industrial Relations may deem necessary. however. entirely ignore or disregard the fundamental and essential requirements of due process in trials and investigations of an administrative character. This is one such case.. United States v. Such a constitutional right.If. unless restored to his full civil and political rights in accordance with law. 10 It cannot be denied that others similarly fall under the same ban. and the reasons for the decision rendered. That would be the test for its validity or lack of it. as accepted by the majority." (People vs. he desires to run for the same elective office and at the commencement of the term of office to which he now seeks to be elected. as will appear from perusal of its organic law. according to the fundamental law. Boards of inquiry may be appointed for the purpose of investigating and determining the facts in any given case. 227 U. I also concur with the pronouncement made in the majority decision that in order that a judgment of conviction may be deemed "as conclusive evidence" of the candidate's disloyalty to the State and of his disqualification from office. those that fall within a class should be treated in the same fashion.

Dionisio Reyes as Amicus Curiae. liberty and property. 1 It is the submission of the petitioners that Section 35 of R. nor practicable. and the Judiciary. Pasig.(1) No person shall be deprived of life. and those coming from the petitioners reached the total amount of P60. the Commission on the Filipino Language. 220. only the form is affected but the value of the property is not impaired.) d. there must be a reasonable basis for said distinction e. by Republic Act No. of color. 8 The journals are themselves also binding on the Supreme Court. with instruction that it reopen the case. there is sufficient compliance with the constitutional requirement.00. is a fact of life in the political system that we are prepared to accept. between police power and the guarantees of due process and equal protection of the laws is more apparent than real. Davide. It has been held that if the title fairly indicates the general subject. it has been allowed to intervene. Branch 85. It is not based on substantial distinctions that make real differences between the Judiciary and the grantees of the franking privilege. As judges. JJ. as always. 720 or House Bill No. 3 As has been correctly explained: The details of a legislative act need not be specifically stated in its title. Legislative Law and Process: In a Nutshell. as we have said. what is the proper place and role of the courts? It must not be overlooked. 265.. 14 Among the services it should be prepared to extend is free carriage of mail for certain offices of the government that need the franking privilege in the discharge of their own public functions. the Solicitor-General and the Fiscal of the City of Manila contend that: (1) the Act was passed in the valid exercise of the police power of the State. Villa-Real. We are bound by such official assurances from a coordinate department of the government. so we cannot delimit beforehand the extent or scope of police power by which and through which the State seeks to attain or achieve interest or welfare. 12 Similar subjects. Criticism of judicial conduct. the sharper weapon to cut it down is the equal protection clause. No. This is inevitable. every statute is supposed to have first been carefully studied and determined to be constitutional before it was finally enacted. The failure to grasp the fundamental issue involved is not entirely attributable to the parties adversely affected by the result. Otherwise stated. instructions. BERNARDO P. which would justify a waiver of substantial revenue by the Corporation in the interest of providing for a smoother flow of communication between the government and the people. the respondents point out that available data from the Postal Service Office show that from January 1988 to June 1992. (Article III. What the clause requires is equality among equals as determined according to a valid classification. should stress the dependence of the courts of justice on the postal service for communicating with lawyers and litigants as part of the judicial process. The case and issue. The argument is self-defeating. In answer. But if the particular act assailed partakes of an unwarranted partiality or prejudice. the Municipal trial Courts. — All acts. 11 The equal protection of the laws is embraced in the concept of due process. They stress that Sec. PD 1882 and PD 26 was not included in the original version of Senate Bill No. However. is made permanent. Avanceña. it is said to be co-extensive with self-protection and survival. it cannot excuse itself from performing certain functions for the benefit of the public in exchange for the franchise extended to it by the government and the many advantages it enjoys under its charter. equal protection clause. is it not unreasonable. 1993 THE PHILIPPINE JUDGES ASSOCIATION. as we cannot foresee the needs and demands of public interest and welfare in this constantly changing and progressive world. Makati. both as to rights conferred and responsibilities imposed. JORGE V. ABESAMIS.. (3) an exception therefrom in favor of citizens and juridical entities of the United States. No. should not be treated differently. There is no question that if there is any major branch of the government that needs the privilege. No. Republic of the Philippines SUPREME COURT Manila EN BANC G. is on leave. from sender to addressee. So the State can deprive persons of life. the Armed Forces of the Philippines. 1414. in order that they may have opportunity of being heard thereon. Hence. IV. and for ten years after the approval of the Act or until the expiration of term in case of juridical persons. 725). Sec. arbitrary or oppressive? Is there sufficient foundation or reason in connection with the matter involved. respectively: the NATIONAL CONFEDERATION OF THE JUDGES ASSOCIATION OF THE PHILIPPINES. BERSAMIRA. LABRADOR. duly rep. adequacy or reasonableness and wisdom. Even where the conference committee is not by rule limited in its jurisdiction. militant. and what is the function and duty of the courts? These consideration must be clearly and correctly understood that their application to the facts of the case may be brought forth with clarity and the issue accordingly resolved.574. and MARCELINO SARMIENTO. and reasonably covers all the provisions of the act. Republic of the Philippines SUPREME COURT Manila EN BANC G. This is symptomatic of the authoritarian power of conference committee (Davies.00. Properly related. It should not be hard to imagine the increased difficulties of our courts if they have to affix a purchased stamp to every process they send in the discharge of their judicial functions. Salazar and Associates for petitioner. Of this amount." We have considered the reply of Ang Tibay and its arguments against the petition. Pertinent provisions of Republic Act No. Under our system of government. 92-28 is SET ASIDE insofar as it withdraws the franking privilege from the Supreme Court.: The basic issue raised in this petition is the independence of the Judiciary. that not enough care or attention was given to its repealing clause. by themselves and in behalf of all the Judges of the Regional Trial and Shari'a Courts. into a concrete and tangible measures designed to free the national retailer from the competing dominance of the alien. to invade a coordinate and independent department of the Government. We also note that under Section 9 of the law. According to a long line of decisions. 92-28. or to be as comprehensive as to cover every single detail of the measure. d) to ensure that sufficient revenues are generated by and within the industry to finance the overall cost of providing the varied range of postal delivery and messengerial services as well as the expansion and continuous upgrading of service standards by the same. would be to violate both the.A. the Kabataang Barangay. The temporary restraining order dated June 2. So it is that Constitutions do not define the scope or extent of the police power of the State. 35 dated October 24. the National Census and Statistics Office. for it is unimaginable that the political departments would have intended this serious slight to the Judiciary as the third of the major and equal departments the government. City Treasurer of Manila.759. would benefit the morals of the youth but violate the liberty of adults. violate the spirit of Sections 1 and 5. of the Constitution providing that no person shall "be deprived of the equal protection of laws. v. 7354 against the attack that its subject is not expressed in its title and that it was not passed in accordance with the prescribed procedure.84%. courts. what they do is to set forth the limitations thereof. we have come to the conclusion that the interest of justice would be better served if the movant is given opportunity to present at the hearing the documents referred to in his motion and such other evidence as may be relevant to the main issue involved. the Court may not inquire beyond the certification of the approval of a bill from the presiding officers of Congress. 105371 November 11. The legislation which created the Court of Industrial Relations and under which it acts is new. On the contrary. 1. 35. especially where there is no substantial distinction between those favored.00. reads as follows: Sec. The volume of judicial mail.424. however.175. 35 was never a subject of any disagreement between both Houses and so the second paragraph could not have been validly added as an amendment. No. we cannot debate with our detractors. such as sending of requisite notices in registration cases. as we held in the old (but still valid) case of U. with detachment and fairness. We are unable to agree with the respondents that Section 35 of R. the bill was enrolled with its certification by Senate President Neptali A. FLORES. 1977 and that of the Vice President. b) to promote international interchange. so as to give undue favor to some and unjustly discriminate against others. Constitutional Limitations. of the Legislature. 6 if the title of an act embraces only one subject. orders. Providing for Regulation of the Industry and for Other Purposes Connected Therewith. or has there not been a capricious use of the legislative power? Can the aims conceived be achieved by the means used. resulting in the unwitting withdrawal of the franking privilege from the Judiciary. The distinction made by the law is superficial. the attack against its validity must be rejected and the law itself upheld. Moreover. As it derives its existence from the very existence of the State itself. b." The objectives of the law are enumerated in Section 3. violates Article VI. the Municipal Trial Courts. Metropolitan Trial Courts and Municipal Courts throughout the Country. By and large. have nevertheless evinced a reluctance to interfere with the exercise of the legislative prerogative. like former Presidents of the Philippines or their widows. shall it be said. and the PHILIPPINE POSTAL CORP. — The equal protection of the law clause is against undue favor and individual or class privilege. 26(2) of the Constitution. and the National Council for the Welfare of Disabled Persons. SARMIENTO. it retains the same for the President of the Philippines. such as the intervenor. and therefore a repealing section in the new statute is valid. The enactment poses questions of due process. L. But occasionally a conference committee produces unexpected results. under such arrangements and conditions as may obviate abuse or unauthorized use thereof. (2) an exception from the above prohibition in favor of aliens actually engaged in said business on May 15.. police power and equal protection of the laws. Congress attempts to translate national aspirations for economic independence and national security. Melo. Republic Acts Numbered 69. in the first place. or is it not merely an unjustified interference with private interest? These are the questions that we ask when the due process test is applied. not the effect of a law. 5 As observed in one case. Presiding Judges of the Regional Trial Court. PETE PRADO. Limitations on police power. we are intrigued that a similar if not greater need is not recognized in the courts of justice. I We consider first the objection based on Article VI.A. the franking privilege has been withdrawn not only from the Judiciary but also the Office of Adult Education. No. as every unfair discrimination offends the requirements of justice and fair play. we sustain R. In fact. (4) as regards hereditary succession. including those who do not need it. to which we owe. if at all. giving. (2) the subject of the Act is not expressed or comprehended in the title thereof. it is the Judicial Department. (4) the provisions of the Act against the transmission by aliens of their retail business thru hereditary succession. Arbitrariness in general may be challenged on the basis of the due process clause. UMALI. In our view. in general This Court has before it the delicate task of passing upon the validity and constitutionality of a legislative enactment. which is the creation of a more efficient and effective postal service system.O. ACCORDINGLY. 7354 which withdrew the franking privilege from the Judiciary is not expressed in the title of the law. and that the documents attached to the petition "are of such far reaching importance and effect that their admission would necessarily mean the modification and reversal of the judgment rendered herein. cooperation and understanding through the unhampered flow or exchange of postal matters between nations. Lichauco and Picazo and Sycip. Marcial G. 7354. control weights and measures and labor and other laws relating to trade. 55% of which is supplied by the Government. if they shall so desire. which is the constitutional repository of police power and exercises the prerogative of determining the policy of the State. Director for Pasig. and persons may be classified into classes and groups. which may or may not need it at all. nor any person be denied the equal protection of the laws. notwithstanding that the title is silent on the subject. the Department of Justice and the Office of the Ombudsman. 1180. City Fiscal Eugenio Angeles and Assistant City Fiscal Eulogio S. The balancing is the essence or. on top of the exemptions it enjoys. provided everyone is given the equal protection of the law. the indispensable means for the attainment of legitimate aspirations of any democratic society. it would be well to bear in mind certain basic and fundamental. fundamental and far-reaching in significance. Ozaeta. which is limited either in the object to which it is directed or by territory within which is to operate. ed. it is unnecessary that they should also have special mention in the title (Southern Pac. Jr. the withdrawal from it of the franking privilege can only further deepen this serious problem. however.. the Regional trail Courts. or corporations the capital of which are not wholly owned by citizens of the Philippines. We do not agree that the title of the challenged act violates the Constitution. It was then presented to and approved by President Corazon C. does not send as much frank mail as the Judiciary. the Tanodbayan (Office of Special Prosecutor). in this matter of equitable balancing. was created and is expected to operate for the purpose of promoting the public service. and it is the subject. 35 covering the repeal of the franking privilege from the petitioners and this Court under E. nor does it reflect its purposes. just as the fields of public interest and public welfare have become almost all-embracing and have transcended human foresight. we may ourselves be accused of similar discrimination through the exercise of our ultimate power in our own favor. CRUZ. We approach these issues with one important principle in mind. the Court of Appeals. J. 226. of the P309 billion budgeted for 1993. reading as follows: (2) No bill passed by either House shall become a law unless it has passed three readings on separate days. and printed copies thereof in its final form have been distributed to its Members three days before its passage. and the Land Registration Commission and its Registers of Deeds. Article XIII and Section 8 of Article XIV of the Constitution.: I.A. No. 13 What is the reason for the grant of the franking privilege in the first place? Is the franking privilege extended to the President of the Philippines or the Commission on Elections or to former Presidents of the Philippines purely as a courtesy from the lawmaking body? Is it offered because of the importance or status of the grantee or because of its need for the privilege? Or have the grantees been chosen pell-mell. Petitioner attacks the constitutionality of the Act. There can be no absolute power. Admittedly springing from a deep. 1180 Republic Act No. 824-825. it is proper to create in the same act the machinery by which the act is to be enforced. the Corporation is capitalized at P10 billion pesos. if it applies alike to all persons within such class. TALAVERA. among other matters. courts are not supposed to override legitimate policy. and to remove obstacles in the way of its execution. the Institute of National Language. it does not need to be expressed or defined in its scope. of all the departments of the government. 2087 and 5059. Navarro as Amicus Curiae. Gonzales and Speaker Ramon V. Section 35 has placed the courts of justice in a category to which it does not belong. from engaging directly or indirectly in the retail trade. It is not intended to prohibit legislation. without regard to any differences of race. The Corporation may continue the franking privilege under Circular No. on this basis. The due process clause. along with certain other government offices. clear and explicit. the nature of the business. vs. (2) to prevent surprise or fraud upon the legislature by means of provisions in bills of which the title gives no intimation. or of the measures adopted to implement the public policy or to achieve public interest. Diaz. This is not a question of wisdom or power into which the Judiciary may not intrude.481. 1957 impulse. patent or palpable arbitrary and unreasonable abuse of the legislative prerogative. Puno and Vitug.991. — The due process clause has to do with the reasonableness of legislation enacted in pursuance of the police power. and the vote thereon shall be taken immediately thereafter." We arrive at these conclusions with a full awareness of the criticism it is certain to provoke. of the Constitution to provide for a more. not citizens of the Philippines. of the Constitution providing that "Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. Romero. vs. Assuming that basis. from enforcing its provisions.431. On its motion. there does not seem to be any justifiable need for withdrawing the privilege from the Armed Forces of the Philippines Ladies Steering Committee. It is a matter of arbitrariness that this Court has the duty and power to correct. through such publication of legislative proceedings as is usually made. specific guaranty against any form of undue favoritism or hostility from the government. The most important of these are the due process clause and the equal protection clause.. respondents... No. and within the field of economy it regulates.R. It has been said the police power is so far . whoever exercise it. 30. we apprehend it was never claimed that every other act which repeals it or alters by implication must be mentioned in the title of the new act. so that the country and the nation may be free from a supposed economic dependence and bondage. Bidin. that the legislature. Regalado. which provides: The State shall pursue the following objectives of a nationwide postal system: a) to enable the economical and speedy transfer of mail and other postal matters. however undeserved. by its President. in other words. respondents. and those requiring 100% Filipino capitalization for a corporation or entity to entitle it to engage in the retail business. and adopted to the accomplishment of the object in view. and reasonable grounds exists for making a distinction between those who fall within such class and those who do not. L-7995 May 31. in his own behalf and in behalf of other alien residents. 180. 7354 is entitled "An Act Creating the Philippine Postal Corporation. But before proceeding to the consideration and resolution of the ultimate issue involved. vs. JESUS G. The problem is not solved by violating the Constitution. particularly city and municipal treasurers.A. The petitioners also invoke Sec. the respondents would justify the distinction on the basis precisely of this need and. J. decrees. partnerships. Legislative discretion not subject to judicial review.) It is worth observing that the Philippine Postal Corporation.A. their assets and liabilities and their offices and principal offices of judicial entities. 7354 as implemented by the Philippine Postal Corporation through its Circular No. without any basis at all for the selection? We reject outright the last conjecture as there is no doubt that the statute as a whole was carefully deliberated upon. TOMAS G. If it recognizes the need of the President of the Philippines and the members of Congress for the franking privilege. and as such it is the most positive and active of all governmental processes. (6) a provision requiring aliens actually engaged in the retail business to present for registration with the proper authorities a verified statement concerning their businesses. that it has become almost impossible to limit its sweep. under like circumstances and conditions both as to privileges conferred and liabilities enforced. 7354 on the grounds that: (1) its title embraces more than one subject and does not express its purposes. the total volume of frank mails amounted to P90. in accordance with Article VI. The equal protection clause is not infringed by legislation which applies only to those persons falling within a specified class. and the institution of inheritance is only of statutory origin. Sec. equal protection simply requires that all persons or things similarly situated should be treated alike. No. p. or of nationality. ICHONG. we find its repealing clause to be a discriminatory provision that denies the Judiciary the equal protection of the laws guaranteed for all persons or things similarly situated. composed of the METROPOLITAN TRIAL COURT JUDGES ASSOCIATION rep. 1986 Ed. by its President. We can only decide the cases before us as law imposes on us the duty to be fair and our own conscience gives us the light to be right.A. which. Grounds upon which petition is based-Answer thereto Petitioner. Thereafter. We also do not believe that the basis of the classification was mere courtesy. Sec. III. The theory is that as the joint act of the Legislature and the Executive. 7354 and that copies thereof in its final form were not distributed among the members of each House. it merely requires that all persons shall be treated alike. Padilla. It has nonetheless been embodied in a separate clause in Article III Sec. Defining its Powers. 1180 is entitled "An Act to Regulate the Retail Business. until their death or voluntary retirement in case of natural persons. Its broader function is described thus: A conference committee may. 1180.. and to enjoin the Secretary of Finance and all other persons acting under him. except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. (On second thought. REINATO QUILALA of the MUNICIPAL TRIAL CIRCUIT COURT. legislative custom severely limits the freedom with which new subject matter can be inserted into the conference bill. J. the law purports to protect citizen and country from the alien retailer. the motion for a new trial should be and the same is hereby granted. Is there public interest." The purposes of this rule are: (1) to prevent hodge-podge or "log-rolling" legislation. Frank mails coming fromthe Judiciary amounted to P73. Thus. which definitely needs it. Pons. Metro Manila. J. Repealing Clause. The petitioners are members of the lower courts who feel that their official functions as judges will be prejudiced by the above-named measures. The National Land Registration Authority has taken common cause with them insofar as its own activities. (3) the Act violates international and treaty obligations of the Republic of the Philippines. The petition assails the constitutionality of R. Manila. No. the Armed Forces of the Philippines Ladies Steering Committee.) c. By classification is meant the grouping of persons or things similar to each other in certain particulars and different from all others in these same particulars. the Provincial and City Assessors. are not limited to citizens alone but are admittedly universal in their application. de Castro for respondent Secretary of Finance. It does not demand absolute equality among residents. Hopkins. (4) a provision for the forfeiture of licenses (to engage in the retail business) for violation of the laws on nationalization. HON. by petition or otherwise. Any such rule would be neither within the reason of the Constitution. considerations in the determination of the ever recurrent conflict between police power and the guarantees of due process and equal protection of the laws. 7354 is declared UNCONSTITUTIONAL. unless their licenses are forfeited in accordance with the law. is public welfare involved? Is the Act reasonably necessary for the accomplishment of the legislature's purpose. No. is by force of circumstances primarily the judge of necessity. Quezon City and Branches 160. we fail to understand why the Supreme Court should be similarly treated as that Committee. No. Co. insistent and illimitable. The equal protection clause does not require the universal application of the laws on all persons or things without distinction. and Chairman of the Committee on Legal Aid. it cannot inhibit itself and must rule upon the challenge. because no other office has the authority to do so. The police power legislation must be firmly grounded on public interest and welfare. What is the scope of police power. for example. Especially is it so under a modern democratic framework where the demands of society and of nations have multiplied to almost unimaginable proportions. and courts never inquire into the wisdom of the law. The main target of this petition is Section 35 of R. Quiason. Emiliano R. and how are the due process and equal protection clauses related to it? What is the province and power of the legislature. transfer of monies and valuables. Functions and Responsibilities. we cannot understand why. We shall therefore act upon this matter not with officiousness but in the discharge of an unavoidable duty and.. III The third and most serious challenge of the petitioners is based on the equal protection clause. philately. 26(l). 7354. and that it derives substantial revenues from the sources enumerated in Section 10. unless it is clearly shown that it is constitutionally flawed. which exercise is authorized in the Constitution in the interest of national economic survival. for and in his own behalf and on behalf of other alien residents corporations and partnerships adversely affected by the provisions of Republic Act. (2 Cooley. a public purpose. which is the principal target of the petition. is alloted for the judiciary. it seems to us. and positive nationalistic . LAO H. All franking privileges authorized by law are hereby repealed. liberty or property without due process of law. C. Bartine. the City and Provincial Prosecutors.reaching in scope. 26(2) of the Constitution. If the problem of the respondents is the loss of revenues from the franking privilege. (3) no treaty or international obligations are infringed. for that would mean license and anarchy. While it is true that a conference committee is the mechanism for compromising differences between the Senate and the House. 10 The respondents counter that there is no discrimination because the law is based on a valid classification in accordance with the equal protection clause. but matter germane to the subject as expressed in the title. It is not likely that the retention of the franking privilege of the Judiciary will cripple the Corporation. it is not limited in its jurisdiction to this question. and a reasonable relation must exist between purposes and means. regardless of age. is conclusive upon the Judiciary (except in matters that have to be entered in the journals like the yeas and nays on the final reading of the bill). 207. The test or standard. of any law promulgated in the exercise of the police power. the Regional Trial Courts. Concepcion and Moran. and (3) it is discriminatory and encroaches on the independence of the Judiciary. in his capacity as Secretary of the Department of Transportation and Communications.R.. Constitution) These constitutional guarantees which embody the essence of individual liberty and freedom in democracies. Imperial. and the like. and which might therefore be overlooked and carelessly and unintentionally adopted." 4 The reason is that where a statute repeals a former law. and (3) to fairly apprise the people. Aquino on April 3. — Now.A. The same observations are made if the importance or status of the grantee was the criterion used for the extension of the franking privilege. its addition. The respondents' conclusion is that because of this considerable volume of mail from the Judiciary. petitioners. 4200. the Court of Appeals.e. the remedy. Gimenez 7 laid down the rule that the enrolled bill. In lumping the Judiciary with the other offices from which the franking privilege has been withdrawn.864. It is a matter of record that the conference Committee Report on the bill in question was returned to and duly approved by both the Senate and the House of Representatives. as a governmentcontrolled corporation. 35 of R. only . Metro Manila. Through it. 7354 is discriminatory because while withdrawing the franking privilege from the Judiciary. 1. or less than 1%. the Telecommunications Office. and against associations. Accordingly. Senators and Members of the House of Representatives. If such matters are properly connected with the subject as expressed in the title. is to withdraw it altogether from all agencies of government. As this paragraph appeared only in the Conference Committee Report. after considerable discussions. Under the doctrine of separation powers. 9 where we explained the reason thus: To inquire into the veracity of the journals of the Philippine legislature when they are. the field and scope of police power has become almost boundless. No. The main provisions of the Act are: (1) a prohibition against persons. albeit preliminary. the power and the guarantees are supposed to coexist. it is the Judiciary. the Commission on Elections. The. They have done so early where there has been a clear. as always. 1992. on which Cooley writes: "The repeal of a statute on a given subject is properly connected with the subject matter of a new statute on the same subject. The petitioners' contention is untenable. And if distinction and classification has been made. Mitra of the House of Representatives as having been duly passed by both Houses of Congress. 2 To require every end and means necessary for the accomplishment of the general objectives of the statute to be expressed in its title would not only be unreasonable but would actually render legislation impossible. the franking privilege must be withdrawn from it. This might in fact sometimes result in unequal protection. While ruling against the discrimination in this case. And while we may concede the need of the National Census and Statistics Office for the franking privilege. no amendment thereto shall be allowed.J.expected to have obtained them and offered as evidence in the Court of Industrial Relations". concur. These measures withdraw the franking privilege from the Supreme Court. and the general public in the filing of complaints against public offices and officers. We are convinced that the withdrawal of the franking privilege from some agencies is germane to the accomplishment of the principal objective of R. amounted to P86. to prescribe the penalties for its infraction. Do the facts and circumstances justify the enactment? II. that is whether the conditions which the disputed law purports to remedy really or actually exist. Serrano for respondent City Treasurer. No. C. The respondents are in effect saying that the franking privilege should be extended only to those who do not need it very much. It would be difficult to conceive of a matter more germane to an act and to the object to be accomplished thereby than the repeal of previous legislations connected therewith. No. c) to cause or effect a wide range of postal services to cater to different users and changing needs. (like the widows of former Presidents) but not to those who need it badly (especially the courts of justice). While it may have been established primarily for private gain. brought this action to obtain a judicial declaration that said Act is unconstitutional. the petition is partially GRANTED and Section 35 of R. concur. results beyond its mandate. THE MUNICIPAL JUDGES LEAGUE OF THE PHILIPPINES rep. v. (Yick Wo vs. of the subject of legislation that is being considered. in his capacity as Postmaster General. the Metropolitan Trial Courts.A. executive orders. The police power. SO ORDERED. and to interfere with the legitimate powers and functions. is reason. So ordered. Narvasa. but petitioner claims that its exercise in this instance is attended by a violation of the constitutional requirements of due process and equal protection of the laws. we annul Section 35 of the law as violative of Article 3. petitioner. to wit. rooted in the drive and urge for national survival and welfare. (2) the Act has only one subject embraced in the title. — The basic limitations of due process and equal protection are found in the following provisions of our Constitution: SECTION 1. the Philippine Deposit Insurance Corporation. The conflict. — There is no question that the Act was approved in the exercise of the police power. deal generally with the subject matter or it may be limited to resolving the precise differences between the two houses. by the political departments before it was finally enacted. and (7) a provision allowing the heirs of aliens now engaged in the retail business who die. with full recognition of their privacy or confidentiality. These excursions occur even where the rules impose strict limitations on conference committee jurisdiction. Section 35 did not have to be expressly included in the title of the said law. as emphasized by the respondents themselves. and the entire record of this case shall be remanded to the Court of Industrial Relations. and the yeas and nays entered in the Journal. II The petitioners maintain that the second paragraph of Sec. except those provided for under Commonwealth Act No. which is required to be briefly expressed in its title. Circular No. The problem is not solved by retaining it for some and withdrawing it from others. At this time when the Judiciary is being faulted for the delay in the administration of justice. It is like saying that a person may be allowed cosmetic surgery although it is not really necessary but not an operation that can save his life. Mendiola as Amicus Curiae. may properly be included in the act. although zealous guardians of individual liberty and right. 74 of the Rules of the House of Representatives. who are allowed to continue to engaged therein. It also poses an important issue of fact. contending that: (1) it denies to alien residents the equal protection of the laws and deprives of their liberty and property without due process of law . that has been denied the franking privilege. Secretary of Finance. Phil. Casco Philippine Chemical Co. 1992. deny the Judiciary the franking privilege while extending it to others less deserving.A. IV In sum.S. The Judiciary has the lowest appropriation in the national budget compared to the Legislative and Executive Departments. as well as hostile discrimination or the oppression of inequality. On the other hand. corporations and partnerships adversely affected. by virtue of its nature as a repealing clause. Nocon. It is asserted by the petitioners that this hallmark of republicanism is impaired by the statute and circular they are here challenging. receive all such evidence as may be relevant and otherwise proceed in accordance with the requirements set forth hereinabove. commerce and industry. Office of the Solicitor General Ambrosio Padilla and Solicitor Pacifico P. to continue such business for a period of six months for purposes of liquidation." In effect it nationalizes the retail trade business. Our ruling is that. for that would be tyranny. requiring that amendment to any bill when the House and the Senate shall have differences thereon may be settled by a conference committee of both chambers. the National Historical Commission. as where. The title of the bill is not required to be an index to the body of the act. by its President. There is reason to suspect. a law prohibiting mature books to all persons. letter and spirit of the organic laws by which the Philippine Government was brought into existence. former Presidents of the Philippines.A.. as the respondents themselves point out. Upon the last reading of a bill. JJ. Feliciano. a becoming courtesy. and Pasay. provided there is due process of law. Yet there can neither be absolute liberty. as it were. Applying these principles. While we may appreciate the withdrawal of the franking privilege from the Armed Forces of the Philippines Ladies Steering Committee.A. which is enjoyed by the National Census and Statistics Office and even some private individuals but not the courts of justice. affect judicial proceedings. 1954. therefore. there is no reason why it should not recognize a similar and in fact greater need on the part of the Judiciary for such privilege. the only acceptable reason for the grant of the franking privilege was the perceived need of the grantee for the accommodation. Quisumbing. including but not limited to. rules and regulations or parts thereof inconsistent with the provisions of this Act are repealed or modified accordingly. Preliminary consideration of legal principles involved a. ALFREDO C. Curiously. the Vice President of the Philippines. The Supreme Court is itself affected by these measures and is thus an interested party that should ordinarily not also be a judge at the same time.81). 167 and 166. This is particularly true of the repealing clause. Vice-President for Legal Affairs. It is alleged that R. and is not calculated to mislead the legislature or the people. the most essential. (5) a prohibition against the establishment or opening by aliens actually engaged in the retail business of additional stores or branches of retail business. we shall decline to look into the petitioners' charges that an amendment was made upon the last reading of the bill that eventually became R. the presumption of the constitutionality of statutes. (2) it did not pass the required readings in both Houses of Congress and printed copies of the bill in its final form were not distributed among the members before its passage. These argument are unacceptable. Sec. and the National Land Registration Authority and its Register of Deeds to all of which offices the said privilege shall be RESTORED. Sec. frank mails from the Judiciary and other agencies whose functions include the service of judicial processes. To doubt is to sustain. at the very least. 7354 represents a valid exercise of discretion by the Legislature under the police power. JAIME HERNANDEZ. MARIANO M. Both the enrolled bill and the legislative journals certify that the measure was duly enacted i. In their Comment. such repeal is the effect and not the subject of the statute. Bellosillo. R. 170 Fed.

. Van Winkle. has to step in and assume the initiative..e..... .. Spanish or any other local dialect. . The alien resident owes allegiance to the country of his birth or his adopted country. . 18-19 of Answer...... He has cloths to sell. while the figures on Filipino establishments already include mere market vendors. almost all articles of daily life reach the residents mostly through him.... 38 L. or because a new competing article offers bigger profits for its introduction. They are believed by the public to have evaded Chinese ..... 342. Retail dealers perform the functions of capillaries in the human body... 274 U. insults of ill-bred and insolent neighbors and customers are made in his face.. 119. issued by the Bureau of Census and Statistics. The act... authorizing their immediate and Year and Retailers No.. (11 Am. timid and hesitant... Can it be said that a law imbued with the We can even go farther than theoretical illustrations to show the pernicious influences of alien domination. the business of pawn brooking was considered as having tendencies injuring public interest..... it was also held: .. 3. therefore. 16. we admit.... May. control laws and the like. Clarke vs. the salt. as contra distinguished from foreign. psychology and loyalty. I have said enough so that obviously it cannot be affirmed with absolute confidence that the Legislature was without plausible reason for making the classification. E.. 1479 (1947).. and whose ideals of governmental environment and control have been engendered and formed under entirely different regimes and political systems.. Political Law.. price and supply. Fish and Game Commission..... We can do no better than borrow the language of Anton vs. 55 L. or any other form of authorization for the operation of the public utility shall be granted except to citizens of the Philippines... in unlawful restraint of freedom of trade and enterprise. In Takahashi vs.. is or is not constitutional.... Mr. as we have also found and indicated. He provides his customers around his store with the rice or corn.. subject of apprehension in Constitutional convention. . Numbers in retailers.. and even the choice of the goods or articles they would or would not patronize or distribute.. We. the aliens. Sec. The attainment of a legitimate aspiration of a people can never be beyond the limits of legislative authority.. d. If the laws passed are seen to have a reasonable relation to a proper legislative purpose. and place them on an equal footing with the shipping of other nations.. ... Under modern conditions and standards of living... 422 the big centers of population... is the court's belief that no public benefit would be derived from the operations of the law and on the other hand it would deprive Chinese of something indispensable for carrying on their business. are universally restraining acts... The fathers of the Constitution must have given to the legislature full authority and power to enact legislation that would promote the supreme happiness of the people.. Hana.... Chinese .... a statute on the licensing of hawkers and peddlers... Filipino . their utter disregard of the welfare of their customers and of the ultimate happiness of the people of the nation of which they are mere guests.. indirectly causing the prevalence of graft and corruption in Chinese .. prejudice or discrimination.. but apparent control over distribution of almost all kinds of goods. . therefore..... that the privilege has been so grossly abused by the alien. . 113. These differences are certainly a valid reason for the State to prefer the national over the alien in the retail trade.. except in so far as it enhances their profit.. The first argument which brings up an issue of fact merits serious consideration..356 tax laws.. as already pointed out above..087 The circumstances above set forth create well founded fears that worse things may come in the future.... The others are matters of opinion within the exclusive competence of the legislature and beyond our prerogative to pass upon and decide... the difference in status between citizens and aliens constitutes a basis for reasonable classification in the exercise of police power. by the alien in an honest creditable and unimpeachable manner. It has been stated by the highest authority in the United States that: . Since the Court finds that the classification is actual... And were it not for some national corporations like the Naric. and are neither arbitrary nor discriminatory. I. and the year of the enactment of the a few of which would suffice for our purposes..... The community takes note of him.. in derision and contempt of lawful 1947: authority. a supermarket is so much a part of day-to-day existence. The law in question is deemed absolutely necessary to bring about the desired legislative objective. and all persons of one class are treated alike.. tranquility and welfare. certificate... — The framers of the Constitution could not have intended to impose the constitutional restrictions of due process on the attainment of such a noble motive as freedom from economic control and domination. a statute which prevented certain persons.. It may be judicially known. — We now come to due process as a limitation on the exercise of the police power....... To this we answer..671 and traders who would not cater or yield to their demands... e. i...... 12. it must appear.. E. the owner of a small sari-sari store. and a law can be violative of the constitutional limitation only when the classification is without reasonable basis. they expressly made their voice clear.. 2. we can also refer to the case of Linsey vs... Does the law deny the equal protection of the laws? As pointed out above.. and (2) that the Chinese would fall prey to all kinds of fraud. We do not have here in this country isolated Filipino . The removal and eradication of the shackles of foreign economic control and domination.. 1:1). find the article suddenly out of the prescribed article. real and reasonable.. In Templar vs. the spices needed for the daily cooking. invalid. the government as the instrumentality of the national will... will be at the mercy of other people........ acts licensing gaming houses. and others on this matter because it is convinced that the National Assembly is authorized to promulgate a law which limits to Filipino and American citizens the privilege to engage in the retail trade.... (Phil... .. ed. 1058 (Michigan.. especially if not of their own race or country. then economic independence is none the less legitimate..) That was twenty-two years ago. 1915 P.. which put down the figures may not properly overlook or ignore in the interests of truth and justice... or even the convenience of the community... we do not propose to deprive persons who are not citizens of the Philippines of their means of livelihood.. that Filipinos have the edge in the number of retailers. was declared void because the court found that there was no reason for the classification and the tax was an arbitrary deduction from the daily wage of an employee.. Chinese . 1947: Filipino .. . show the existence of real and actual. ... thru which all the needed food and supplies are ministered to members of the communities comprising the nation.... Some may disagree with the wisdom of the legislature's classification..... offering the new one as a substitute. which we believe has been sufficiently shown to exist. 385.. 15. card room. in which man's needs have multiplied and diversified to unlimited extents and proportions. Filipino private capital is not big enough to wrest from alien hands the control of the national economy. vs..... The Due Process of Law Limitation.. their freedom and liberty.. was held valid. 392. City of Seattle. are a part of the government itself.. Witness thereto is Resolution No. Araneta. remarks that the Filipino retailers were largely engaged in minor retailer enterprises. or is an arbitrary. 149 (Massachusetts. 4. flour.. .. which from the immemorial has always been open to residents.. for example. because of a condition therein limiting the ownership of vessels engaged in coastwise trade to corporations formed by citizens of the Philippine Islands or the United States....W. Jur.. and the court cannot question this judgment and conclusion. and to enforce that policy by legislation adapted to its purpose. etc. By Year and Nationality of Owners... it is provided that "no franchise. . The alien retailer's trait. Others .... 92 L. ordinary occupation.... of the Fifth National convention of Filipino Businessmen.. 1907). Political Law by Sinco... It is not necessarily unreasonable because it affects private rights and privileges (11 Am. 1953..... 1912). . and therefore appropriate discriminations against aliens as it relates to the subject of legislation. It is not to give the vessel an American character. and gains much more.. Almost every commercial nation reserves to its own subjects a monopoly of its coasting trade.. 99 N.. 1900)..... his stay here is for personal convenience... that they have secret Nationality combinations among themselves to control prices. the object of which is to encourage American shipping.. Ogden.. 165 (Maine. If the persons who control this vital artery of our economic life are the ones who owe no allegiance to this Republic. 1941: The law is clearly in the interest of the public. must be considered not to have infringed the constitutional limitation of reasonableness.. to free the nation from the economic situation that has unfortunately been saddled upon it rightly or wrongly.... which have editorially pointed out not only to control but to alien stranglehold. — Petitioner's main argument is that retail is a common. textiles.. Michigan State Board of Examiners...... In seeking to accomplish the foregoing purpose.. 302. c. 662-663..... approved on July 18.... thru Nationality their authorized representatives. . Is the exclusion in the future of aliens from the retail trade unreasonable. which clearly and succinctly defined the application of equal protection clause to a law sought to be voided as contrary thereto: .. his person and his property Filipino . And in Section 8 of Article XIV. 90 N... As villages develop into big communities and specialization in production begins. The problem becomes more complex because its subject is a common. b. the dealer. require such interference. In substance. a state law which imposed a tax on every employer of foreign-born unnaturalized male persons over 21 years of age.. Filipino businessmen. 297 F..." (II Aruego. Trinidad. and because there is no public interest in the mere claim of ownership of the waters and the fish in them. Filipino . or its consumers. that it is a gainful and honest occupation and therefore beyond the power of the legislature to prohibit and penalized. (2 Am... and that the motive thereof was mere racial hostility..... we will now proceed to delve directly into the issue involved. The necessity of the law in question is explained in the explanatory note that accompanied the bill.. 957. is distinctly of that character... 9.. The framers of our Constitution also believed in the existence of this alien dominance and control when they approved a resolution categorically declaring among other things. their secret manipulations of stocks of commodities and prices. two Justices dissented on the theory that fishing rights have been treated traditionally as natural resources. and the various little gadgets and things needed for home and daily life. Petitioner's argument considered. a law prohibiting the licensing of aliens as barbers was held void. sympathy and consideration for his Filipino customers as would prevent him from taking advantage of their weakness and exploiting them.. find the article suddenly out of circulation.. in surreptitiously intruding themselves into the American commercial marine.. 78 L.. However... 340. ....... morals. which is not merely reasonable but actually necessary.. Jur... The legislative power admits of a wide scope of discretion....-Establishments automatic deportation for price control convictions.... the dealer's importance is enhanced. 1.... ... hardware.. it is in duty bound to declare that the legislature acted within its legitimate prerogative and it cannot declare that the act transcends the limit of equal protection established by the Constitution. of course. fixes this test of constitutionality: In determining whether a given act of the Legislature.. Under such conditions. The man in the street also believes.. was found not to be the result of race hatred. 1080-1081. That would be requiring a higher degree of protection for aliens as a class than for similar classes than for similar classes of American citizens.. when it is declared by the legislature.. one of the first questions to be considered by the court is whether the power as exercised has a sufficient foundation in reason in connection with the matter involved... A statute to be within this power must also be reasonable in its operation upon the persons whom it affects.. But the Legislature has found.. we held that the limitation of domestic ownership of vessels engaged in coastwise trade to citizens of the Philippines does not violate the equal protection of the law and due process or law clauses of the Philippine Bill of Rights.. quoted on page 67 of Petitioner. from the lowly peddler.. of the Second National Convention of Manufacturers and Producers.352 subject to the needs of his country.. pointing out to the known predominance of foreign elements in the retail trade. Filipino .. 40 Phil.... which overlooks and ignores the facts and circumstances.. 1914). therefore...... Prata Undertaking Co. arbitrary or capricious.107 with fabulous bribes. alien retailers and merchants can act in such complete unison and concert on such vital matters as the fixing of prices. and scores of other goods and articles.. Law expressly held by Constitutional Convention to be within the sphere of legislative action. b. — It is true that some decisions of the Federal court and of the State courts in the United States hold that the distinction between aliens and citizens is not a valid ground for classification. Broadly speaking. the vinegar. But it is to confer on her American privileges. 30 (Washington.. Further enlargement. groceries.. customs. in another. As observed by respondents. . that in this country where the occupation is engaged in by petitioner... here. and a similar resolution... Food and other essentials. but this... Objections to alien participation in retail trade. The above figures reveal that in percentage distribution of assests and gross sales. Chinese .) The test of reasonableness of a law is the appropriateness or adequacy under all circumstances of the means adopted to carry out its purpose into effect (Id. He has shown in this trade. The Framing of the Philippine Constitution." The rule in general is as follows: Aliens are under no special constitutional protection which forbids a classification otherwise justified simply because the limitation of the class falls along the lines of nationality. becomes a potential source of danger on 1949: occasions of war or other calamity.. it was held that the Philippine Legislature did not violate the equal protection clause of the Philippine Bill of Rights.. In Yu Cong Eng vs.. and therefore is purely arbitrary.. to become a citizen of the United States.. One who assails the classification in such a law must carry the burden of showing that it does not rest upon any reasonable basis but is essentially arbitrary. Furthermore.... Suppose an article of daily use is desired to be prescribed by the aliens. because thru him the infinite variety of articles. . ed. buys and sells six to seven times more.. — It is this domination and control. but the main reasons for the decisions are: (1) that if Chinese were driven out of business there would be no other system of distribution.. The legislature in enacting the law had as ultimate purpose the encouragement of Philippine shipbuilding and the safety for these Islands from foreign interlopers. who have no profound devotion to our free institutions..... In addition to the authorities we have earlier cited... largely inexperienced. Year and Retailer's but the expression of the legitimate desire and determination of the people... and general welfare of the public...... But in this decision the laws declared invalid were found to be either arbitrary.. ......... — 1948: 1949: . for the following reason: It may seem wise to the legislature to limit the business of those who are supposed to have regard for the welfare. — The alien retailer must have started plying his trades in this country in the bigger centers of population (Time there was when he was unknown in provincial towns and villages). VI. credit.. or of that spirit of regard. In Ohio ex rel. that is the legislature's target in the enactment of the disputed nationalization would never have been adopted. 151 (Minnesota... that he now enjoys a monopolistic control of the occupation and threatens a deadly stranglehold on the nation's economy endangering the national security in times of crisis and emergency... Slowly but gradually be invaded towns and villages.V. 30 L... that "it is the sense of the Convention that the public interest requires the nationalization of the retail trade. that they have connived to boycott honest merchants Filipino ... . Steele... Alleged alien control and dominance... (Nebbia vs. safety. therefore... Department of Commerce and Industry. but it does not follow that alien race and allegiance may not bear in some instances such a relation to a legitimate object of legislation as to be made the basis of permitted classification.. it would indeed be ill-advised to continue entrusting the very important function of retail distribution to his hands..... A similar statute denying aliens the right to engage in auctioneering was also sustained in Wright vs... Alienage. Alien control and threat. or were the result or product of racial antagonism and hostility. thru the illegitimate use of pernicious designs and practices. color or citizenship. which provided that no one can obtain a license unless he is.. It held that plainly irrational discrimination against aliens is prohibited.. there would be no question that it falls within the legitimate scope of legislative power.... clothing. but it abstain from approving the amendment introduced by the Delegate for Manila. 106. he says: But there has been a general feeling that alien dominance over the economic life of the country is not desirable and that if such a situation should remain. 1059 (1925). and second.... Reasonability. Chinese .... . nor the loyalty and allegiance which the national owes to the land. 71 L.. Grave abuses have characterized the exercise of the retail trade by aliens.e. E.631 Chinese ....... L.. With ample capital...... also so many unmanageable factors in the retail business make control virtually impossible.. therefore...... taking into account the illegitimate and pernicious form and manner in which the aliens have heretofore engaged therein? As thus correctly stated the answer is clear. a California statute banning the issuance of commercial fishing licenses to person ineligible to citizenship was held void...... — There is a general feeling on the part of the public. his control over principal foods and products would easily become full and complete.. The courts are without authority either to declare such policy.. and the patience and forbearance of a slave.. even the needle and the thread to sew them or darn the clothes that wear out.... violated import and Others . It is true... especially on foods and essential commodities.. therefore... eliminating it from their stocks.. the native investment is thinly spread. so there was no adequate justification for the discrimination. pp.. It is a fact within judicial notice..... that effect has been correctly attributed to the act of her enrollment. and to preserve the Government from fraud by foreigners. the retailer comes as essential as the producer. McConway & Tarley Co. .. furnish sufficient grounds for legislative classification of retail traders into nationals and aliens.. hence the prohibitions of issuance of licenses to them for the business of pawnbroker.. but the court said that the power granted was arbitrary. 354 action which impliedly admits a prevailing feeling about the existence of many of 1948: (Census) the above practices. the determination of the amount of goods or articles to be made available in the market. billiard. — In a primitive economy where families produce all that they consume and consume all that they produce. in fact... it is charged that the law is merely the result of radicalism and pure and unabashed nationalism.... thus: . Others .. 115 (1926). Benchmark: 1948 Census. producers and consumers alike can be placed completely at their mercy. and was not... is not that posed by petitioner. the earlier can the alien go back to his beloved country and his beloved kin and countrymen...... which later was enacted into law: This bill proposes to regulate the retail business. .. Derogatory epithets are hurled at him.. A classification having some reasonable basis does not offend against that clause merely because it is not made with mathematical nicety. the alien invests more capital...... The practices resorted to by aliens in the control of distribution.. trade or occupation.. d. they adopted a resolution expressing their belief that the legislation in question is within the scope of the legislative power. Another objection to the alien retailer in this country is that he never really makes a genuine contribution to national income and wealth. the mention of our leaders with fears and misgivings.. positive and fundamental differences between an alien and a national which fully justify the legislative classification adopted in the retail trade measure. and a countervailing privilege in favor of American shipping is contemplated. whose capital is necessarily small..) The above statistics do not include corporations and partnerships. He even pioneers. Between the constitutional convention year (1935). a...." c.. It is an undeniable fact that in many communities the alien has replaced the native retailer. We held that this was a valid exercise of the police power.. This is easily illustrated.. so much so that the Government has had to establish the National Rice and Corn Corporation to save the public from their continuous hoarding practices and tendencies. and that it could not state that the legislation is clearly wrong..... if any state of facts reasonably can be conceived that would sustain it... because they would be deprived of their right to be advised of their business and to direct its conduct... but he is naturally lacking in that spirit of loyalty and enthusiasm for this country where he temporarily stays and makes his living... pool.... (Estimated Assets and Gross Sales of Retail Establishments.. In Bloomfield vs. drugs. . . which appears to be true to fact.. The retailer.. 1897).. . But it goes further and prohibits a group of residents. The real question at issue. the requirements of due process are satisfied. that it has been found necessary to adopt the legislation. He ministers to the resident's daily needs. that as witness the following tables: they have hoarded essential foods to the inconvenience and prejudice of the consuming public. because the producer or importer does not offer them sufficient profits.. political independence alone is no guarantee to national stability and strength. cheating the operation of the 1941: law of supply and demand. thru which and by which the State insures its existence and security and the supreme welfare of its Chinese . Moreover..... Authorities recognizing citizenship as basis for classification.. in the struggle for the economic freedom of the nation in somewhat the same way that it did in the crusade for political freedom.A.... alien predominance and control. In Asakura vs.... and felt by all the sections and groups that compose the Filipino community.. Freedom and liberty are not real and positive if the people are subject to the economic control and domination of others. have not the same inspiration for the public weal.. 389.... The case at bar is radically different. 297 F... As a matter of fact appeals to unscrupulous aliens have been made both by the Government and by their own lawful diplomatic representatives.. alien participation has steadily increased during the years. to the operator of a department store or. pp. To justify the state in thus interposing its authority in behalf of the public.. Others .. — The next question that now poses solution is. aliens do not naturally possess the sympathetic consideration and regard for the customers with whom they come in daily contact.. as he appears to be harmless and extremely useful... that they have violated price control laws... if not the leadership. Others . especially in times of crisis and emergency. which are actual and real. or has declared his intention.646 export prohibitions... a law prohibiting aliens to engage as hawkers and peddlers was declared void. official statistics unmistakably point have cornered the market of essential commodities. the court said that aliens are judicially known to have different interests. The alien's interest in this country being merely transient and temporary..10741075.. without harm or injury to the citizens and without ultimate danger to their economic peace.. His aim or purpose of stay. and avoids what is done only when it is without any reasonable basis.. Carrol.. 13.. the alien may even become the potential Chinese . State Board of Embalming. but he laughs these off without murmur.... So it is likewise known that certain classes of aliens are of different psychology from our fellow countrymen...... that this whole system is projected.. 9 Wheat....... 1924).. Economic problems sought to be remedied With the above considerations in mind.. 950....) Judged by this test.. . and the facts make them so. without substantial relation to the health..... The real reason for the decision. ... such that the legislature had to Assets Gross Sales enact a law (Sec.... and analyzing the concern of the members of the constitutional convention for the economic life of the citizens. and fears. from engaging in the traffic of liquors. quoted on pages 66 and 67 of the Memorandum for the Petitioner. to drive home the reality and significance of the distinction between the alien and the national.. — AVERAGE We are fully satisfied upon a consideration of all the facts and circumstances that ASSETS AND GROSS SALES PER ESTABLISHMENT the disputed law is not the product of racial hostility. 940. If the disputed legislation were merely a regulation.. Its purpose is to prevent persons who are not citizens of the Philippines from having a strangle hold upon our economic life. and the State cannot rely upon them in times of 1951: crisis or emergency. b..... industry without limit. 81 N. Nationals....... is unnecessary.. it is said. New York... Thus . attitude. Broadly speaking.. 210 P.... the test of the limitation. . 82 Fed.. in the whole legislation of the United States on this subject..... nor the patriotic desire to help bolster the nation's economy.. ... (11 Aruego.) It would do well to refer to the nationalistic tendency manifested in various provisions of the Constitution. All aspects of our life.. that the means are reasonably necessary for the accomplishment of the purpose. . Too much significance cannot be given to the word "reasonable" in considering the scope of the police power in a constitutional sense. we are not really the masters of our destiny.. and all presumptions are in favor of its constitutionality.... Natural Carbonic Fas Co.. And the guaranty of due process. the United States Supreme Court declared invalid a Philippine law making unlawful the keeping of books of account in any language other than English.. Van Winkle. ed... in connection with the nationalistic provisions of the Constitution.. 468-469.. .. While this bill seeks to take away from the hands of persons who are not citizens of the Philippines a power that can be wielded to paralyze all aspects of our national life and endanger our national security it respects existing rights. 1902). thus denying the right to aliens. retailers of spirituous liquors...... good order and happiness of the community. .. nor are they as well disposed toward the United States. . and the Filipino retailer is practically helpless in matters of capital. it is natural and reasonable to suppose that the foreign born. as..... The faster he makes his pile... Others . and who have no permanent stake in our people's welfare. If political independence is a legitimate aspiration of a people.. 124 N..... ed. however. Phil... VII... The equal protection clause of the Fourteenth Amendment does not take from the state the power to classify in the adoption of police laws... and he forgets and forgives. where the validity of Act No... citizens.. but the reason for the decision was the court's findings that the exercise of the business by the aliens does not in any way affect the morals. to override it. find alien domination and control to be a fact.. unity of purpose and action and thorough organization.. it is but of recent formation and hence. and there was no question of public interest involved or pursued. Thus in the preamble.. is neither illegitimate nor immoral. Others . c... 111.. — The question as to whether or not citizenship is a legal and valid ground for classification has already been affirmatively decided in this jurisdiction as well as in various courts in the United States. the U... 1954.. Dean Sinco of the University of the Philippines College of Law.... in this instance.659 groups of harmless aliens retailing goods among nationals.. or because in practice it results in some inequality.... a reality proved by official statistics.... irrespective of race... 114).. and as it cannot be said that the classification is patently unreasonable and unfounded... is one of the noblest motives that a national legislature may pursue. 2761 of the Philippine Legislature was in issue... They owe no allegiance or loyalty to the State.. about the controlling and dominant position that the alien retailer holds in the nation's economy.... passed in the exercise of the police power to regulate the operation of a business.. but the gains and profits he makes are not invested in industries that would help the country's economy and increase national wealth.... such as lumber. or in hospitality. Hopkins. In State vs. development and utilization of its natural resources. .. 70 L.. the health..... it (the Constitution) envisages an organized movement for the protection of the nation not only against the possibilities of armed invasion but also against its economic subjugation by alien interests in the economic field... the power of the legislature to make distinctions and classifications among persons is not curtailed or denied by the equal protection of the laws clause. All that aliens would do is to agree to refuse to sell the first article.248 organized and powerful groups that dominate the distribution of goods and Others . because the law conflicts with Federal power over immigration. knowledge.... This arguments overlooks fact and reality and rests on an incorrect assumption and premise.... p....... which courts of justice The best evidence are the statistics on the retail trade... as follows: "Licensing acts.. and that the means selected shall have a real and substantial relation to the subject sought to be attained. .... and not unduly oppressive upon individuals. In Fraser vs.. from engaging therein. that fears of dislocation of the national economy and of the complete subservience of national economy and of the consuming public are not entirely unfounded...... in far away nooks where the beginnings of community life appear. While the national holds his life.. was declared invalid.. is unknown. comfort... Freedom of trade is thus curtailed and free enterprise correspondingly suppressed.. a principle objective is the conservation of the patrimony of the nation and as corollary the provision limiting to citizens of the Philippines the exploitation. 486 commodities in the communities and big centers of population... in legislation..... of course.. The approval of this bill is necessary for our national survival. 10th ed... but was based on the belief that an alien cannot be sufficiently acquainted with "our institutions and our life as to enable him to appreciate the relation of this particular business to our entire social fabric". the dealer comes into existence. "1.... as distinguished from those of a particular class. 17.... dance hall. It is also believed that they have engaged in corrupting public officials Filipino . 369. or its consumers.. smuggled goods and money into and out of the land. Montgomery.. 395. unreasonable or capricious.. artificial scarcities to justify and enhance profits to unreasonable proportions. The case of State vs.774 the Government.. It is impossible to conceive that legislation that seeks to bring it about can infringe the constitutional limitation of due process. 257 (Pennsylvania.. that there in black and white.. ed 220 (1885) an ordinance conferring powers on officials to withhold consent in the operation of laundries both as to persons and place. 104 ALR. The Framing of the Philippine Constitution.... Arbitrary capricious... Republic Act No. that this is the prerogative of the law-making power.... he is attracted by the lure of gain and profit.. and must not be unduly oppressive. The experience of the country is that the alien retailer has shown such utter disregard for his customers and the people on whom he makes his profit. 388.. ed. 47 A.. Authorities contra explained. as its title indicates. 340 (Oregon. there is a prevailing feeling that such predominance may truly endanger the national interest.... disputed legislation.. food in all its increasing forms.... 309 (Ohio.. 1922)... or a deliberate purpose to discriminate. even our national security..." The nationalization of the retail trade is only a continuance of the nationalistic protective policy laid down as a primary objective of the Constitution.. (1911). S. ministering to the daily needs of the residents and purchasing their agricultural produce for sale in the towns..S... . or.. .. So far as the requirement of due process is concerned and in the absence of other constitutional restriction a state is free to adopt whatever economic policy may reasonably be deemed to promote public welfare.... 347 f.. demands only that the law shall not be unreasonable. and limiting it to citizens is within the scope of police power. that the interests of the public generally. 129 (Ohio. and the events since then have not been either pleasant or comforting. is not an infringement of constitutional rights. Difference in alien aims and purposes sufficient basis for distinction.... radical as it may seem. but he heeds them not.. State... as those who by citizenship.. So also in Anton vs. as has often been held. they fear the dangers coming from alien control. These limitations on the qualifications of the aliens have been shown on many occasions and instances. . when the exists a general feeling on the part of the public that alien participation in the retail fear of alien domination and control of the retail trade already filled the minds of trade has been attended by a pernicious and intolerable practices..... p..) Belief in the existence of alien control and predominance is felt in other quarters. But as group life develops and families begin to live in communities producing more than what they consume and needing an infinite number of things they do not produce. The above objectionable characteristics of the exercise of the retail trade by the aliens. .. to free national economy from alien control and dominance. especially in Others . The Equal Protection Limitation a.. (Census) Filipino ... Thus they declared the their Resolution: That it is the sense of the Convention that the public interest requires the nationalization of retail trade. 136.... When the classification in such a law is called in question. and capricious use of that power. whose allegiance is first to their own country... In one breath it is said that the fear is unfounded and the threat is imagined.. and usages that our own people have.. Natividad. the fish..... There cannot be any question about the importance of the retailer in the life of the community. ... which practices... that alien coming into this country are without the intimate knowledge of our laws. commenting on the patrimony clause of the Preamble opines that the fathers of our Constitution were merely translating the general preoccupation of Filipinos "of the dangers from alien interests that had already brought under their control the commercial and other economic activities of the country" (Sinco. goods and needed for daily life are placed within the easy reach of consumers. In Yick Wo vs. one of those privileges long ago recognized as essential to the orderly pursuant of happiness by free men... 1951: Filipino .. because the discrimination bore no reasonable and just relation to the act in respect to which the classification was proposed... like corn and rice.. nay of the national security itself. a. The present dominance of the alien retailer. the Namarco. thru the exercise of the police power... Supreme Court had under consideration an ordinance of the city of Cincinnati prohibiting the issuance of licenses (pools and billiard rooms) to aliens. In rendering said decision we quoted with approval the concurring opinion of Justice Johnson in the case of Gibbons vs. 476.. Deckebach... to its disadvantage.. that the license is granted. that there was no reason for the discrimination which attended the administration and implementation of the law. do not imply superiority..429 enemy of the State... the mere fact of alienage is the root and cause of the distinction between the alien and the national as a trader. Hence. — But the dangers arising from alien participation in the retail trade does not seem to lie in the predominance alone.) Another authority states the principle thus: . creating out to the ever-increasing dominance and control by the alien of the retail trade. In big cities and centers of population he has acquired not only predominance.... as well as frauds upon the revenue in the trade coastwise. the existence of that state of facts at the time the law was enacted must be assumed. manufacturers and producers believe so... first.. the Facomas and the Acefa.. On the precise issue now before us. and they express sentiments of economic independence. manipulations and disregard do not attend the exercise of the trade by the nationals. oppressive. We would be doing violence to fact and reality were we to hold that no reason or ground for a legitimate distinction can be found between one and the other. 1168)..... the producers or importers of the prescribed article... The same official report.... that at some time or other they nationalization of the retail trade act (1954)... Jur.. sugar.. and forms part of an extensive system. 1. As we already have said....... it has been so engaged by him. Importance of retail trade in the economy of the nation.. approved on March 20. ed.) In the case of Lawton vs.. .... and judicial determination to that effect renders a court functus officio.. but admits of the exercise of the wide scope of discretion in that regard...... as old as society itself... what we have are well Chinese . determination by legislature decisive........ but aliens more than make up for the numerical gap through their assests and gross sales which average between six and seven times those of the very many Filipino retailers.. 10th ed.. among them aliens..R.. In the case of Smith Bell & Co... 113. so our newspapers. It further added that the law was the outgrowth of antagonism toward the persons of Japanese ancestry... and not whether it imposes any restrictions on such rights. garlic. Others .. Dangers of alien control and dominance in retail.. now he predominates in the cities and big centers of population.. is not an element of control.. i.. and indisputably falls within the scope of police power. and that latitude must be allowed for the legislative appraisement of local conditions and for the legislative choice of methods for controlling an apprehended evil..... Law enacted in interest of national economic survival and security....... Petitioner denies that there is alien predominance and control in the retail trade.. He undoubtedly contributes to general distribution.) In Commonwealth vs.. vs.. for the test used to determine the constitutionality of the means employed by the legislature is to inquire whether the restriction it imposes on rights secured to individuals by the Bill of Rights are unreasonable... 1919) is a parallel case to the one at bar. must not be for the annoyance of a particular class.

such as Norway and Denmark. JJ. Pennsylvania. 48 Ind. HON. Sec. insofar as it compels associations and partnership referred to therein to wind up their retail business within ten years from the date of the approval of the Act even before the expiry of the term of their existence as agreed upon by the associates and partners and section 3 of the Act. . with whose power and discretion the Judicial department of the Government may not interfere. (Williams vs. To my mind. the decision appealed from is hereby reversed.. A. The issue raised is one of the first impression.50 and on April 20." But the nationals of China are not discriminating against because nationals of all other countries. that the provisions of the law are clearly embraced in the title. Carreon & Tañada for plaintiff-appellant. JJ.) The word "regulate" is of broad import. I am. if its title completely fails to appraise the legislators or the public of the nature. nor pass upon general matters of legislative judgment. 7. partnership or corporations. The price obtainable at such forced sale of the business would be inadequate to reimburse and compensate the associates or partners of the associations or partnership.. For offenses punishable by more than six years imprisonment. Article VI of the Constitution. scope and consequences of the law or its operation (I Sutherland. Makalintal. felony. is valid and lawful. . The House treats accused-appellant as a bona fide member thereof and urges a co-equal branch of government to respect its mandate. Statutory Construction. inter alia.ñët Republic of the Philippines SUPREME COURT Manila EN BANC G. for it taxes only centrifugal sugar produced and exported by the Ormoc Sugar Company. but its unreasonableness. nor the due process of law clause. the sale of intoxicating liquors. Art. the privileges and rights arising from having been elected may be enlarged or restricted by law.J. The constitutional provision which is claimed to be violated in Section 21 (1) of Article VI.. municipalities and municipal districts authority to levy for public purposes just and uniform taxes. action and study of the legislators or of the public. however. Bengzon. J. Constitution) and the rule of uniformity of taxation (Sec. inspite of its importance. Inc. because the continuance of the existence of such corporations is subject to whatever the Congress may impose reasonably upon them by subsequent legislation. frees the official from the common restraints of general law. The Treaty of Amity between the Republic of the Philippines and the Republic of China of April 18. Santos2. 1[1]. Article VI of the Constitution which states that — (2) A majority of each House shall constitute a quorum to do business. otherwise known as the Local Autonomy Act. 41 Ind. quoted in p.. For relatively minor offenses. In the case at bar it cannot be claimed that the legislators have been appraised of the nature of the law. in Ormoc City. The constitutional provisions that no person shall be deprived of his property without due process of law2 and that no person shall be denied the equal protection of the laws3 would have no meaning as applied to associations or partnership and alien heirs of an alien engaged in the retail business if they were to be compelled to sell or dispose of their business within ten years from the date of the approval of the Act and before the end of the term of the existence of the associations and partnership as agreed upon by the associations and partners and within six months after the death of their predecessor-in-interest. 3. Because of the broad coverage of felony and breach of the peace. which would include all other provisions found in the body of the Act. A congressman like the accused-appellant. 2. that — The Court should never remove a public officer for acts done prior to his present term of office. (4) the classification applies only to those who belong to the same class. We start with the incontestable proposition that all top officials of Governmentexecutive. invalid and unconstitutional? The seriousness of the Legislature's concern for the plight of the nationals as manifested in the approval of the radical measures is. that the wisdom and efficacy of the law to carry out its objectives appear to us to be plainly evident — as a matter of fact it seems not only appropriate but actually necessary — and that in any case such matter falls within the prerogative of the Legislature. so were the title changed from "regulate" to "nationalize" or "prohibit". the exemption applied only to civil arrests. Beside. . Angeles and Fernando. 2000 PEOPLE OF THE PHILIPPINES. Municipality of Roxas 4 held the former to have been repealed by the latter. Morton. but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner. Provisions of law not unreasonable. and none other. principle or rule that courts may not inquire into the wisdom of an the Act passed by the Congress and duly approved by the President of the Republic. Congress. 1947 is also claimed to be violated by the law in question. 39. He calls this a covenant with his constituents made possible by the intervention of the State. the danger and threat that alien domination of retail trade poses to national economy. the higher the rank. in the same way that preventive suspension is not removal. patience and perseverance forms part of such business.. was the only sugar central in the city of Ormoc.: The accused-appellant. However. of the same class as plaintiff. Binalbagan). The petition is hereby denied. 9. that the enactment clearly falls within the scope of the police power of the State. To bar accused-appellant from performing his duties amounts to his suspension/removal and mocks the renewed mandates entrusted to him by the people. under which a simple or general term should be adopted in the title. v. All that the treaty guarantees is equality of treatment to the Chinese nationals "upon the same terms as the nationals of any other country. concurring and dissenting: I agree to the proposition. even if later a similar company is set up. Appellant questions the authority of the defendant Municipal Board to levy such an export tax. implication or equitable considerations. licenses or fees. and necessarily implies some degree of restraint and prohibition of acts usually done in connection with the thing to be regulated. be privileged from arrest during his attendance at its sessions and in going to and returning from the same. there would have been many provisions not falling within the scope of the title which would have made the Act invalid. ESTEBAN C. the accused-appellant has not given any reason why he should be exempted from the operation of Section 11. who are and have heretofore been engaged in said business. True. One rationale behind confinement. — A cursory study of the provisions of the law immediately reveals how tolerant. filed before the Court of First Instance of Leyte. Dizon.) That such is the import of the United Nations Charter aid of the Declaration of Human Rights can be inferred the fact that members of the United Nations Organizations. We stated that there was no other alternative until Congress acts to provide remedial measures to forestall any unfavorable results. Accused-appellant's reelection being an expression of popular will cannot be rendered inutile by any ruling. 4803. the nature and scope of its provisions. the latter customarily addressed as Congressmen. BENGZON. and the Declaration of Human Rights contains nothing more than a mere recommendation or a common standard of achievement for all peoples and all nations (Id. 42 of Answer. as the entity to be levied upon. careful and zealous in the safeguard of the ownership of private agricultural lands which together with the lands of the public domain constitute the priceless patrimony and mainstay of the nation. . they are beyond our power and jurisdiction. Our legal duty. The stock of merchandise bought and sold at retail does not alone constitute the business. Statutory Construction. Such provision would defeat the law itself. ed. it is enough that Congress is in session. accused-appellant. Jaloslos is a full-pledged member of Congress who is now confined at the national penitentiary while his conviction for statutory rape on two counts and acts of lasciviousness on six counts1 is pending appeal. or a total of P12. licenses or fees not excluded in its charter. J. The right or privilege is denied to those only upon conviction of certain offenses. in Nin Bay Mining Co. Some members of the Court are of the opinion that the radical effects of the law could have been made less harsh in its impact on the aliens. etc. But even supposing that the law infringes upon the said treaty. however. Still. Endencia and Felix. After pre-trial and submission of the case on memoranda. Republic of the Philippines SUPREME COURT Manila EN BANC G. including attendance at legislative sessions and committee meetings despite his having been convicted in the first instance of a non-bailable offense. 1964 for P7. Sanchez. III) In Felwa vs. and that they disregarded or forgave his fault or misconduct. the title to regulate the sale of intoxicating liquors. C. is not entitled to interest. the treaty is always subject to qualification or amendment by a subsequent law (U. Appellant alleges the same statutory and constitutional violations in the aforesaid taxing ordinance mentioned earlier. that is. The primary argument of the movant is the "mandate of sovereign will. No costs.P. especially the nationalization and the prohibition provisions. For production of sugar alone is not taxable. (Sweet vs.S.L. it is true. The 1935 Constitution provided in its Article VI on the Legislative Department. Both of these have always been included within the term regulation. which states. except those of the United States. and this suffers from no duplicity and has not misled the legislators or the segment of the population affected. Appeal therefrom was directly taken to Us by plaintiff Ormoc Sugar Company. The law is made prospective and recognizes the right and privilege of those already engaged in the occupation to continue therein during the rest of their lives. the Court of First Instance.R. 7.50. to wit: ." Though referred to as a tax on the export of centrifugal sugar produced at Ormoc Sugar Company. because the law is prospective in operation and recognizes the privilege of aliens already engaged in the occupation and reasonably protects their privilege. As it is now. d. I am satisfied that the Act assailed as violative of the due process of law and the equal protection of the laws clauses of the Constitution does not infringe upon them. Inc. alleging that the afore-stated ordinance is unconstitutional for being violative of the equal protection clause (Sec. RESOLUTION YNARES-SANTIAGO. S.4 For these reasons. 1964. engaged in the retail business for the capital invested in it. (2) these are germane to the purpose of the law. Accused-appellant has always complied with the conditions/restrictions when allowed to leave jail.1äwphï1.L. 306. Paras. and that the tax amounts to a customs duty. to engage in the retail business for a period of more than ten years from the date of the approval of the Act or beyond the term of their corporate existence. Sec 15. Section 2287 in part states: "It shall not be in the power of the municipal council to impose a tax in any form whatever. its aims and purposes. defendants-appellees. shall be void. aside from being an export tax forbidden under Section 2287 of the Revised Administrative Code. confinement pending appeal is not removal. disqualified. otherwise. THE TREASURER OF ORMOC CITY. and similar recognition of the right to continue is accorded associations of aliens. Under the title of an act to "regulate".B. 1959. thru which and by which it protects its own personality and insures its security and future. To deprive the electorate of their elected representative amounts to taxation without representation. To do otherwise would be to deprive the people of their right to elect their officers. The Law of the United Nations. The accused-appellant filed this motion asking that he be allowed to fully discharge the duties of a Congressman. The requirement that he should be attending sessions or committee meetings has also been removed. we are called upon to balance relevant and conflicting factors in the judicial interpretation of legislative privilege in the context of penal law. The legislators took active interest in the discussion of the law. (State vs. Society must protect itself. It does not apply to imprisonment arising from the enforcement of criminal law. the exercise of legislative discretion is not subject to judicial review. A perusal of the requisites instantly shows that the questioned ordinance does not meet them. some of which are: that the law does not promote general welfare. however. that the reasons for declaring the law invalid ever existed. to be reasonable. They assumed and believed in good faith they were entitled to engaged in the business. due to Section 2 of Republic Act 2264. III. p. Constitution). with costs against petitioner. I am of the opinion that section 1 of the Act. the classification. whether pending appeal or after final conviction. J. Thompson. THE MUNICIPAL BOARD OF ORMOC CITY. The provision granting an exemption as a special privilege cannot be extended beyond the ordinary meaning of its terms. therefore.B. vs. quoted in page 41 of Answer. Section 1 of the ordinance states: "There shall be paid to the City Treasurer on any and all productions of centrifugal sugar milled at the Ormoc Sugar Company. As the repository of the sovereign power of legislation. Ramon O. 8.R. VI. plaintiff-appellee. The point remains to be determined. In the exercise of suffrage. Our first task is to ascertain the applicable law. is in accord with the principle governing the drafting of statutes. JALOSJOS. on March 20. is merely to determine if the law falls within the scope of legislative authority and does not transcend the limitations of due process and equal protection guaranteed in the Constitution. When they did engage in the retail business there was no prohibition on or against them to engage in it. VIII. to liquidate the business. the capital of which is not wholly owned by citizen of the Philippines. C. . Conclusion Resuming what we have set forth above we hold that the disputed law was enacted to remedy a real actual threat and danger to national economy posed by alien dominance and control of the retail business and free citizens and country from dominance and control. 5 We ruled that the equal protection clause applies only to persons or things identically situated and does not bar a reasonable classification of the subject of legislation. Salas. 29-32). See. City of Wabash. a free people expects to achieve the continuity of government and the perpetuation of its benefits. 182 La. in Ormoc City a municipal tax equivalent to one per centum (1%) per export sale to the United States of America and other foreign countries. The 1973 Constitution broadened the privilege of immunity as follows: Art. as such House may provide. Anent the inconsistency between Section 2287 of the Revised Administrative Code and Section 2 of Republic Act 2264. and that it cannot be said to be void for supposed conflict with treaty obligations because no treaty has actually been entered into on the subject and the police power may not be curtailed or surrendered by any treaty or any other conventional agreement. this Court. A Member of the Batasang Pambansa shall. for they violate the due process of law and the equal protection of the laws clauses of the Constitution. Concepcion. and the same may never curtail or restrict the scope of the police power of the State (plaston vs. . The electorate of the First District of Zamboanga del Norte wants their voice to be heard. that adequate replacement is problematical. vs.) The above rule was followed the title of the Act in question adopted the more general term "regulate" instead of "nationalize" or "prohibit". L-23794 February 17.same purpose and spirit underlying many of the provisions of the Constitution is unreasonable. there is no absolute reason why it should not have such meaning when used in delegating police power in connection with a thing the best or only efficacious regulation of which involves suppression. are invalid. (3) the classification applies not only to present conditions but also to future conditions which are substantially identical to those of the present. is public self-defense.) X. otherwise such privilege shall cease upon its failure to do so. on August 6. CONEJOS as Mayor of Ormoc City and ORMOC CITY. At the time of the taxing ordinance's enactment. Art. the capital of which is not wholly owned by the citizens of the Philippines to continue in the business for a period of ten years from the date of the approval of the Act (19 June 1954) or until the expiry of term of the existence of the association or partnership or corporation. who are granted special rights by the Constitution. Romeo F. The taxing ordinance should not be singular and exclusive as to exclude any subsequently established sugar central. will not extricate him from his predicament. and judicial are subject to the majesty of law.. the ordinance provided a sufficient basis to preclude arbitrariness. Thus it is stated that the more time should have been given in the law for the liquidation of existing businesses when the time comes for them to close. yet. Appellant. Inc. The Senators and Members of the House of Representatives shall in all cases except treason. Inc. 22[1]). the only time the tax applies is when the sugar produced is exported. that thousands of aliens would be thrown out of employment.. 58 L. 42 of Answer. The immunity from arrest or detention of Senators and members of the House of Representatives. legislative." He states that the sovereign electorate of the First District of Zamboanga del Norte chose him as their representative in Congress. rendered a decision that upheld the constitutionality of the ordinance and declared the taxing power of defendant chartered city broadened by the Local Autonomy Act to include all other forms of taxes. associations or partnership. Reyes. When a people have elected a man to office. and by alien heirs to whom the retail business is transmitted by the death of an alien engaged in the business. fee or charge in violation of paragraph 1 of Section 2 of Republic Act 2264 because the tax is on both the sale and export of sugar. 1 [1]. p. the capital of which is not wholly owned by citizens of the Philippines. how reasonable the Legislature has been. 258. Separate Opinions PADILLA. giving priority to any right or interest — not even the police power of the State. etc. No. J. and any attempt to impose an import or export tax upon such goods in the guise of an unreasonable charge for wharfage use of bridges or otherwise. He adds that it cannot be defeated by insuperable procedural restraints arising from pending criminal cases. and breach of the peace be privileged from arrest during their attendance at the sessions of Congress.. the capital of which is not wholly owned by the citizens of the Philippines.087. The authors of the Constitution were vigilant. WHEREFORE. that there is no need for the legislation. should be in terms applicable to future conditions as well. Castro.. Zaldivar.000." 2 Payments for said tax were made. by itself. by reason of such fault or misconduct. the ten-year period from the date of the approval of the Act or until the expiration of the term of the existence of the association and partnership. 887. however. p. 1707. Inc. ROMEO G. The prohibition on corporations. and prevent the enactment into law of matters which have received the notice. which reads: No bill which may be enacted in the law shall embrace more than one subject which shall be expressed in the title of the bill. The goodwill that the association.. In the deliberations of the Court on this case. It further alleged that the tax is neither a production nor a license tax which Ormoc City under Section 15-kk of its charter and under Section 2 of Republic Act 2264. Many of these arguments are directed against the supposed wisdom of the law which lies solely within the legislative prerogative. insofar as it affects associations. to practically overrule the will of the people. The confinement of a Congressman charged with a crime punishable by imprisonment of more than six months is not merely authorized by law. imposing "on any and all productions of centrifugal sugar milled at the Ormoc Sugar Company. whichever event comes first. 1964. The accused-appellant argues that a member of Congress' function to attend sessions is underscored by Section 16 (2).." (Sec. But "regulate" is a broader term than either prohibition or nationalization. convicted under Title Eleven of the Revised Penal Code could not claim parliamentary immunity from arrest. Bautista Angelo. and in most nations of the world laws against foreigners engaged in domestic trade are adopted. Reyes. So ordered. INC. But the rule does not preclude courts from inquiring and determining whether the Act offends against a provision or provisions of the Constitution." sufficiently expresses the subject of an act prohibiting the sale of such liquors to minors and to persons in the habit of getting intoxicated. Accused-appellant's reliance on the ruling in Aguinaldo v. While word regulate does not ordinarily convey meaning of prohibit. the Legislature was in duty bound to face the problem and meet. Art. It is well settled that the Court will not inquire into the motives of the Legislature. The restrictive interpretation of immunity and intent to confine it within carefully defined parameters is illustrated by the concluding portion of the provision. A precedent-setting U. The accused-appellant's "Motion To Be Allowed To Discharge Mandate As Member of House of Representatives" was filed on the grounds that — 1. be overruled. It also serves as an example and warning to others. 6 At the time of collection. In fact. the Municipal Board of Ormoc City passed 1 Ordinance No. State. even before the end of the term of their existence as agreed upon by the associates and partners. in all offenses punishable by not more than six years imprisonment. It would have been recreant to its duties towards the country and its people would it view the sorry plight of the nationals with the complacency and refuse or neglect to adopt a remedy commensurate with the demands of public interest and national survival. Remedies against the harshness of the law should be addressed to the Legislature." Subsequently. or by his executor or administrator. were infringed. and though the Court may hold views inconsistent with the wisdom of the law. because the effect of the prohibition is to compel them to sell or dispose of their business. 1951 ed. . the Legislature may prohibit the sale of intoxicating liquors. election is the expression of the sovereign power of the people. Moreover. vs. on the refund because the taxes were not arbitrarily collected (Collector of Internal Revenue v. The objection must therefore. de Veyra for defendants-appellees. that there may be general breakdown. under protest. amounts to a deprivation of their property without due process of law. the greater is the requirement of obedience rather than exemption. not inferred from the duties of a position. to liquidate the business.50 plaintiff-appellant paid under protest. What the above provision prohibits is duplicity.087. and the six-month period granted to alien heirs of a deceased alien. however. concur. therefore. Privilege has to be granted by law. by Ormoc Sugar Company. Reyes.1 But the prohibition to engage in the retail business by associations and partnerships. Ormoc Sugar Company. but the Batasang Pambansa shall surrender the member involved the custody of the law within twenty four hours after its adjournment for a recess or for its next session. and a great many of the persons affected by the prohibitions in the law conducted a campaign against its approval. Incorporated. quoted in p. and in going to and returning from the same. Siguion Reyna. It can be readily seen in the abovequoted ruling that the Aguinaldo case involves the administrative removal of a public officer for acts done prior to his present term of office. is not its reasonableness. 257. and a classification is reasonable where (1) it is based on substantial distinctions which make real differences. Does membership in Congress exempt an accused from statutes and rules which apply to validly incarcerated persons in general? In answering the query. On June 1. in view of Section 2287 of the Revised Administrative Code which denies from municipal councils the power to impose an export tax. nor shall any person be denied the equal protection of the laws. such matters being properly included within the subject of regulating the sale. One purpose of the constitutional directive that the subject of a bill should be embraced in its title is to apprise the legislators of the purposes. 4. it cannot be subject to the tax because the ordinance expressly points only to Ormoc City Sugar Company. These principles also answer various other arguments raised against the law. whichever event comes first. or out of the same. The present Constitution adheres to the same restrictive rule minus the obligation of Congress to surrender the subject Congressman to the custody of the law. after ten years from the date of the approval of the Act. a complaint 3 against the City of Ormoc as well as its Treasurer. and corporations. 260).. Inc. There is an unfortunate misimpression in the public mind that election or appointment to high government office. . It is true that the term "regulate" does not and may not readily and at first glance convey the idea of "nationalization" and "prohibition". partnership and the alien had built up during a long period of effort. ORMOC SUGAR COMPANY. that the law does not violate the equal protection clause of the Constitution because sufficient grounds exist for the distinction between alien and citizen in the exercise of the occupation regulated. that there would be repercussions from foreigners. Answering. Fed. IX. Montecillo & Belo and Teehankee.. gave chartered cities. 308. for the coverage of the tax. it must be assumed that they did this with the knowledge of his life and character. Sec. the defendants asserted that the tax ordinance was within defendant city's power to enact under the Local Autonomy Act and that the same did not violate the afore-cited constitutional limitations. 1964 for P5. 5. Ponce Enrile. arises from a provision of the Constitution. insofar as it compels the aliens engaged in the retail business in his lifetime his executor or administrator. attention was called to the fact that the privilege should not have been denied to children and heirs of aliens now engaged in the retail trade. that prices will increase because of the elimination of competition. are all prohibited from engaging in the retail trade. The use of the term "regulate". The Act allows aliens to continue in business until their death or voluntary retirement from the business or forfeiture of their license. plaintiff-appellant. 1968 The Constitution in the bill of rights provides: ". they do not import invalidity. The concept of temporary detention does not necessarily curtail the duty of accused-appellant to discharge his mandate. whether constitutional limits on the power of taxation. Alleged violation of international treaties and obligations Another subordinate argument against the validity of the law is the supposed violation thereby of the Charter of the United Nations and of the Declaration of the Human Rights adopted by the United Nations General Assembly. We find no merit in the Nations Charter imposes no strict or legal obligations regarding the rights and freedom of their subjects (Hans Kelsen. 1964. J. through adequate measures. 132875-76 February 3. Municipal Board and Mayor. Series of 1964. 539. the same being then presumed constitutional until declared otherwise. upon goods and merchandise carried into the municipality. there was no immunity from arrest. and aliens. And expressing Our awareness of the transcendental effects that municipal export or import taxes or licenses will have on the national economy. with service of a copy upon the Solicitor General. He was subject to the same general laws governing all persons still to be tried or whose convictions were pending appeal. The members of Congress cannot compel absent members to attend sessions if the reason for the absence is a legitimate one. as it conceals the real purpose of the bill which is to nationalize the retail business and prohibit aliens from engaging therein. fully justified. It cannot be claimed. 162 So. He remains a congressman unless expelled by Congress or. 6. Furthermore. No. Furthermore. the law also contains other rules for the regulation of the retail trade which may not be included in the terms "nationalization" or "prohibition". and the alien heirs of a deceased alien. who are not and have not been engaged in the retail business. unable to persuade myself that it does not violate said clauses insofar as the Act applies to associations and partnerships referred to in the Act and to aliens. the test of the validity of a law attacked as a violation of due process. 4. Section 2 of Republic Act 2264 effective June 19. It is not for the Court. it may not annul the legislation if not palpably in excess of the legislative power. The Legislature is primarily the judge of the necessity of an enactment or of any of its provisions. pp.) Within the meaning of the Constitution requiring that the subject of every act of the Legislature shall be stated in the tale. therefore. do not cure the defect of the law. it has constitutional foundations. which terms express the two main purposes and objectives of the law.) A cursory consideration of the title and the provisions of the bill fails to show the presence of duplicity.) The general rule is for the use of general terms in the title of a bill. Concepcion. and we find the provisions are not unreasonable. the challenged ordinance is declared unconstitutional and the defendants-appellees are hereby ordered to refund the P12. and under such penalties. a municipal tax equivalent to one per centum (1%) per export sale to the United States of America and other foreign countries. 297.S. is authorized to impose. ruling allowed a detained lawmaker to attend sessions of the U. Ormoc Sugar Company.J. his executor or administrator.087. and every presumption is in favor of its validity. Alleged defect in the title of the law A subordinate ground or reason for the alleged invalidity of the law is the claim that the title thereof is misleading or deceptive. VIII. 345. if he had been guilty of any. prohibit foreigners from engaging in retail trade. they did not deem it wise and prudent to deprive aliens and their heirs of such lands. concur. 718. he has the duty to perform the functions of a Congressman. Inc. it has also been said that the title need not be an index to the entire contents of the law (I Sutherland. Having been re-elected by his constituents. J. Inc. However. It may not be extended by intendment.: On January 29. The history of the provision shows that privilege has always been granted in a restrictive sense. specifically the equal protection clause and rule of uniformity of taxation. whichever event comes first.

solicitous of the rights of an individual. 425. GLORIA MACAPAGAL-ARROYO. Wigberto E. The “moot and academic” principle is not a magical formula that can automatically dissuade the courts from resolving a case. No. it is now the same body whose call he initially spurned which accused-appellant is invoking to justify his present motion. the President or the Supreme Court can also be deemed the highest for that particular duty. 18. not to mention the 24 members of the Senate. Quezon City. would certainly be impeded in the exercise of their legislative functions if every dissatisfied person could compel them to vindicate the wisdom of their enactments in an action for damages or question their official acts before the courts.9 It was never the intention of the framers of the 1973 and 1987 Constitutions to shield a member of Congress from the consequences of his wrongdoing. are plain censorship. including attendance of legislative sessions and committee meetings. No. to be sure. no legitimate constitutional objection can be raised. President Arroyo was not expected to simply fold her arms and do nothing to prevent or suppress what she believed was lawless violence. which petitioners did not refute. Art. Professor Randolf David. petitioners. Makati City. the power to suspend the privilege of the writ of habeas corpus. hence. the accused may be denied bail and thus subjected to incarceration if there is risk of his absconding.” the President may call the armed forces “to prevent or suppress lawless violence. and in going to and returning from the same. Depending on the exigency of Government that has to be addressed.000 more from the provinces in mass protests. the issue before us boils down to a question of constitutional equal protection. Vitug. at the NBP reservation. to reiterate. the greater are the limitations. the stationing of policemen in the vicinity of the offices. a) to join "living-out" prisoners on "work-volunteer program" for the purpose of 1) establishing a mahogany seedling bank and 2) planting mahogany trees. Pardo Buena and De Leon. under the 1935 Constitution the freedom from arrest only encompassed civil arrest. without justification in reason. 1017 and G. changes an individual's status in society. or will sustain direct injury as a result. the privilege was broadened to include arrests for crimes punishable by imprisonment of six years or less. bowing to no other force except the dictates of their conscience of their conscience.9 We. Necessarily the utmost latitude in free speech should be accorded them. temporarily take over or direct the operation of any privately owned public utility or business affected with public interest. she issued General Order No. it obliges him to operate within carefully prescribed procedural limitations. Undoubtedly. Congress is the repository of emergency powers. Unquestionably. b) to continue with his dental treatment at the clinic of his dentist in Makati City. A doctor with unique skills has the duty to save the lives of those with a particular affliction. It cannot be denied that the CIDG operatives exceeded their enforcement duties. not the President.4 The accused-appellant states that the plea of the electorate which voted him into office cannot be supplanted by unfounded fears that he might escape eventual punishment if permitted to perform congressional duties outside his regular place of confinement.10 Imprisonment is the restraint of a man's personal liberty. invasion or rebellion. the search violated petitioners’ freedom of the press. the Office of the President announced the cancellation of all programs and activities related to the 20th People Power I anniversary celebration. et al..” it refers to Congress. shall be admitted to bail regardless of the stage of the criminal prosecution. Courts will decide cases. concerned citizens. Kapunan. charged with the duties of legislation. However. Nonetheless.nêt Penal laws are obligatory upon all who live or sojourn in Philippine territory. under PP 1017. unlike arrest. House of Representatives Complex. In view of the transcendental importance of this issue. 2006. vs. There is. our Constitution reasonably demands that we repose a certain amount of faith in the basic integrity and wisdom of the Chief Executive but. Through [an] inter-department coordination. Nos. despite the widening of its scope to include criminal offenses. The presumption of course is that the judiciary would remain independent. The PNP warned that it would take over any media organization that would not follow “standards set by the government during the state of national emergency. the instant motion is hereby DENIED. Such an aberrant situation not only elevates accused-appellant's status to that of a special class. it is restraint by judgment of a court or lawful tribunal. through G. Article VII of the Constitution grants the President. The only criterion for the exercise of the calling-out power is that “whenever it becomes necessary.12 The term refers to the restraint on the personal liberty of another. i.3 it is the injury to the public which State action in criminal law seeks to redress. does not fall within the scope of the constitutional privilege.J. to wit: a) to attend hearings of the House Committee on Ethics held at the Batasan Complex. 5 are constitutional HELD: The Petitions are PARTLY GRANTED.” but that “the President did not act arbitrarily. Neither Martial Law nor a state of rebellion nor a state of emergency can justify President Arroyo’s exercise of legislative power by issuing decrees. New Bilibid Prison. or be released on recognizance as may be provided by law. and likewise delegates to the Constitutional Convention.R. taking over the media enterprises. and is personal to the accused. To the fear that may be expressed that the prosecuting arm of the government might unjustly go after legislators belonging to the minority. Melo. 15. (2)the exceptional character of the situation and the paramount public interest is involved. Never has the call of a particular duty lifted a prisoner into a different classification from those others who are validly restrained by law. if notwithstanding their liability for a criminal offense. when evidence of guilt is strong. 5. A member shall not be questioned nor held liable in any other place for any speech or debate in the Batasan or in any committee thereof. Jejomar Binay and Rene Saguisag for petitioners. except on a showing of a clear and present danger of a substantive evil that the State has a right to prevent. A police officer must maintain peace and order. President Arroyo did not only rely on Sec. a provision on the State’s extraordinary power to take over privately-owned public utility and business affected with public interest. North Wing Building. 171489 and 171424. are actually trampling upon the very freedom guaranteed and protected by the Constitution.. documents. Members of the Kilusang Mayo Uno (KMU) and the National Federation of Labor Unions-Kilusang Mayo Uno (NAFLUKMU). (c)the delegation must be subject to such restrictions as the Congress may prescribe. It revoked permits to hold rallies. 171483. He also claims that the concept of temporary detention does not necessarily curtail his duty to discharge his mandate and that he has always complied with the conditions/restrictions when he is allowed to leave jail. President Arroyo committed grave abuse of discretion. the bar. it suffices to answer that precisely all the safeguards thrown around an accused by the Constitution. Tañada. These acts go far beyond the calling-out power of the President. 5. Santos12 and in Salalima v. punishable at most by correctional penalties. Article VII of the Constitution grants the President. Purisima. J. a “sequence” of graduated powers. but the Batasang Pambansa shall surrender the member involved to the custody of the law within twenty-four hours after its adjournment for a recess or for its next session. and the arrogant warning of government officials to media. Nor can she determine when such exceptional circumstances have ceased. JR. 5 is. (d)for concerned citizens. J. 18. I concur in the main and separate opinion. 2006. This requires a delegation from Congress. arrests and seizures without judicial warrants. not bailable. For this purpose. The importance of a function depends on the need to its exercise. which gave former President Marcos legislative power. Lansang v. by issuing PP 1017. we are constrained to rule against the accused-appellant's claim that re-election to public office gives priority to any other right or interest. or of his free action according to his own pleasure and will.) Whether or not the petitioners have legal standing. is totally bereft of factual basis. they violate the due process clause of the Constitution. 1017 (PP 1017). There is a distinction between the President’s authority to declare a state of national emergency and her authority to exercise emergency powers. Art. and (e)for legislators.list president Ronald Llamas. where he attends to his constituents. memorandum orders. "imprisonment" in its general sense. is a different matter. I join the majority as well as the separate opinion. Consequently.” The phrase “acts of terrorism” is still an amorphous and vague concept. No. unconstitutional. As such. 17. be privileged from the arrest during their attendance at the sessions of the Congress. She cited as factual bases for the said issuance the escape of the Magdalo Group and their audacious threat of the Magdalo D-Day. I concur in this as well as in the separate opinion of Justice Gonzaga-Reyes. The President cannot decide whether exceptional circumstances exist warranting the takeover of privately-owned public utility or business affected with public interest. THE CHIEF OF STAFF. involving as they do the people’s basic rights to the freedoms of expression. He also calls attention to various instances. Comelec. and in the present petitions.O. operatives of the Criminal Investigation and Detection Group (CIDG) raided the Daily Tribune offices in Manila and confiscated news stories. The functions and duties of the office are not substantial distinctions which lift him from the class of prisoners interrupted in their freedom and restricted in liberty of movement. Accused-appellant's contention that his re-election constitutes a renewal of his mandate and that such an expression of the popular will should not be rendered inutile by even the police power of the State is hollow. in their professed efforts to defend and preserve democratic institutions. They did so with the knowledge that he could achieve only such legislative results which he could accomplish within the confines of prison. the applicability of this privilege from arrest to accused-appellant is already moot and academic.PHILIPPINE CONSTABULARY.nêt No less than accused-appellant himself admits that like any other member of the House of Representatives "[h]e is provided with a congressional office situated at Room N-214. and members of the KMU and NAFLU-KMU were arrested without a warrant. the present petitions are subject to judicial review. accusedappellant has been discharging his mandate as a member of the House of Representative consistent with the restraints upon one who is presently under detention. 1021 (PP 1021). c) to be confined at the Makati Medical Center in Makati City for his heart condition. without the need for any transgression of the criminal law. The accused-appellant asserts that the duty to legislative ranks highest in the hierarchy of government. There is no showing that the above privileges are peculiar to him or to a member of Congress. 171396. RANDOLF DAVID. Morfe:5 The above conclusion reached by this Court is bolstered and fortified by policy considerations. and breach of the peace. and 7..O. ET AL.: . 5." Accused-appellant further admits that while under detention. which judgment is currently pending appeal before this Court. he is also provided with an office at the Administration Building. The search and seizure of materials for publication. and (d)the emergency powers must be exercised to carry out a national policy declared by Congress. he has already been arrested. SR. accusedappellant claims that his constituents are deprived of representation by reason of his incarceration pending appeal of the judgment of conviction and that he should therefore be allowed to discharge his legislative functions.) Whether or not PP 1017 authorizes the President to take over privately-owned public utility or business affected with public interest. the contested actions are capable of repetition. to enforce laws pertinent to its duty to suppress lawless violence. It has been held that the person who impugns the validity of a statute must have a personal and substantial interest in the case such that he has sustained. under the factual circumstances of this case.. Likewise. She cannot issue decrees similar to those issued by former President Marcos under PP 1081. entitled to the utmost freedom to enable them to discharge their vital responsibilities. But when in implementing its provisions. Zamora (338 SCRA 81 [2000]). WHEREFORE. Should such an unfortunate event come to pass. at the discretion of the authorities or upon court orders.) Whether or not there were factual bases for the issuance of PP 1017. 171400. felony. and legislators may be accorded standing to sue. if notwithstanding their liability for a criminal offense. a full recognition of the necessity to have members of Congress. there must be a claim of illegal disbursement of public funds or that the tax measure is unconstitutional. shall. No. they shall not be questioned in any other place." This provision was taken from the Philippine Autonomy Act of 1916. It is contended that respondent officials of the Government. 5 violates the Constitution. Immediately. Jr. which is punishable by reclusion perpetua. After conviction in the Regional Trial Court. Thus. however.S. memorandum circulars.A k b a y a n party. in all offenses punishable by not more than six years imprisonment. Every act that goes beyond the President’s calling-out power is considered illegal or ultra vires. Puno. Does being an elective official result in a substantial distinction that allows different treatment? Is being a Congressman a substantial differentiation which removes the accused-appellant as a prisoner from the same class as all persons validly confined under law? The performance of legitimate and even essential duties by public officers has never been an excuse to free a person validly in prison. Art. 17. he is to be treated like any other citizen considering that there is a strong public interest in seeing to it that crime should not go unpunished. in all offenses punishable by not more than six years imprisonment. 6..O. The Bill of Rights provides — All persons. such a virtue is of the essence. it also would be a mockery of the purposes of the correction system. 5. In accordance with American precedents. 171409. PP 1017 is unconstitutional insofar as it grants President Arroyo the authority to promulgate decrees. In Aguinaldo v. All these exceptions are present here. Emergency or compelling temporary leaves from imprisonment are allowed to all prisoners. Garcia (42 SCRA 448 [1971]) adopted the test that “judicial inquiry can go no further than to satisfy the Court not that the President’s decision is correct. J. 5) setting the standards which the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) should follow in the suppression and prevention of acts of lawless violence. they would be considered immune during their attendance in Congress and in going to and returning from the same. Whether or not the President may exercise such power is dependent on whether Congress may delegate it to her pursuant to a law prescribing the reasonable terms thereof.” Furthermore. BURGOSMEDIA SERVICES. — The Senators and Members of the House of Representatives shall in all cases except treasons. therefore. otherwise moot and academic. both these demands require the curtailment and elimination of certain rights. Unlike the present Constitution. As stated in United States v. invasion or rebellion. all the petitioners are declared to have locus standi. 5.O.10 "when it comes to freedom from arrest. the tabloid Abante. the validity of PP No.000 Metro Manila radicals and 25. It is plain in the wordings of PP 1017 that what President Arroyo invoked was her calling. Specifically. In times of emergency.” On March 3. As a member of the House of Representatives. Quisumbing.1âwphi1. No. of assembly and of the press. Hence. The following were considered as additional factual bases for the issuance of PP 1017 and G. President Arroyo found it necessary to issue PP 1017. the word "treason. There were sufficient factual bases for the President’s exercise of her calling-out power. 207 U. insidious discriminations are made in favor of or against groups or types of individuals. search or violate the citizens’ constitutional rights. . Policemen were stationed inside the editorial and business offices. The second provision of the operative portion of PP 1017 states: “and to enforce obedience to all the laws and to all decrees. when he was likewise allowed/permitted to leave the prison premises. proclamations. thus: (a)there must be a war or other emergency.” The operative clause of PP 1017 was lifted from PP 1081.” the President may call the armed forces “to prevent or suppress lawless violence. It is alleged that the issuance of PP 1017 and G. the dispersal and arrest of members of KMU. When the voters of his district elected the accused-appellant to Congress. The Constitution states that — A Senator of Member of the House of Representatives shall. She can only order the military. and breach of the peace. it may not be possible or practicable for Congress to meet and exercise its powers. The necessities imposed by public welfare may justify exercise of government authority to regulate even if thereby certain groups may plausibly assert that their interests are disregarded. felony. manned by a full complement of staff paid for by Congress. would constitute an obstacle to such an attempt at abuse of power. J. it follows that any expansion of such immunities must similarly be based upon an express constitutional grant. J. aside from its being contrary to well-defined Constitutional restrains. (b)for taxpayers. sec.. I concur in both the ponencia and the separate opinion. A reading of the Solicitor General’s Consolidated Comment and Memorandum shows a detailed narration of the events leading to the issuance of PP 1017. (b)the delegation must be for a limited period only. invasion or rebellion. 44 SCRA 22 (1972). be privileged from arrest while the Congress is in session. Congress continues to function well in the physical absence of one or a few of its members. 9. concur.8 The Court cannot validate badges of inequality. Arroyo. Of particular relevance in this regard are the following observations of the Court in Martinez v. A member of Congress could only invoke the immunity from arrest for relatively minor offenses. the Court has to declare such acts unconstitutional and illegal. It had accomplished the end desired which prompted President Arroyo to issue PP 1021. The only criterion for the exercise of the calling-out power is that “whenever it becomes necessary. for official or medical reasons.13 Imprisonment is the detention of another against his will depriving him of his power of locomotion14 and it "[is] something more than mere loss of freedom. Guingona13 we laid down the doctrine that a public official cannot be removed for administrative misconduct committed during a prior term. Neither may the constitutional provision granting immunity from arrest to legislators provide legal justification for accused-appellant's motion. PP 1017 is not a declaration of Martial Law. the President has no power to point out the types of businesses affected with public interest that should be taken over. Quezon City. declaring that the state of national emergency has ceased to exist and lifting PP 1017. (3)the constitutional issue raised requires formulation of controlling principles to guide the bench. concurring opinion. President Gloria Macapagal-Arroyo. J.8 It is a well-established principle that official immunity is a necessary adjunct to the vigorous and effective performance of official functions. Gustilo. Jalosjos. THE CHIEF LEGAL OFFICER. Since there is no law defining “acts of terrorism.) Whether or not PP 1017 is a declaration of Martial Law. such as the taking over of privately owned public utility or business affected with public interest. as well as outside the building. administrative orders. Accused-appellant argues that on several occasions the Regional Trial Court of Makati granted several motions to temporarily leave his cell at the Makati City Jail. Succinctly stated. the continued incarceration of accusedappellant is a valid and constitutionally mandated curtailment of his rights to provisional liberty pending appeal of his conviction.” it is President Arroyo alone. under G. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. No. 7. the framers of our Constitution deemed it wise to allow Congress to grant emergency powers to the President. and not a mere incidental result arising from its exertion. and general or special orders. she is in the best position to determine the actual condition of the country. Ironically. It should also be mentioned that. 5: the bombing of telecommunication towers and cell sites in Bulacan and Bataan. at the same time. G. nor shall any person be denied the equal protection of laws. J.. voters. L-64261 December 26. 1984JOSE BURGOS. Neither partiality not prejudice shall be displayed. does not render these issuances unconstitutional. who are called upon to exercise their discretion and judgment in enacting laws responsive to the needs of the people. et al. proceeding from the above stated rationale for legislative immunity.. as well as of attempting to provide rehabilitation that prepares inmates for re-entry into the social mainstream. the military and the police committed acts which violate the citizens’ rights under the Constitution. It is incumbent upon the petitioner to show that the President’s decision is totally bereft of factual basis. the 1935 Constitution4 limited the privilege from arrests to "all cases except treason. President Arroyo issued Presidential Proclamation No. their dispersal was done merely on the basis of Malacañang’s directive canceling all permits to hold rallies. 171485.The Solicitor General for respondents. Lorenzo M. 6 Art. in a move to suppress alleged plans to overthrow the government. G. In declaring a state of national emergency. As a matter of fact. I concur with the main and separate opinion. Neither the legislative history of this provision nor the general principles of official immunity support an expanded interpretation of such privilege. were violently dispersed by anti-riot police. To give a more drastic illustration. Under the 19736 and the 1987 Constitution. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof. without justification in reason. the rationale for granting members of Congress immunity from arrest remained the same — to ensure that they are not prevented from performing their legislative duties. they did so with full awareness of the limitations on his freedom of action. 4 Art. THE CHIEF. PP 1017 is limited to the calling out by the President of the military to prevent or suppress lawless violence. as Commander-inChief. Augusto Sanchez. XII. This doctrine of forgiveness or condonation cannot apply to criminal acts which the re-elected official may have committed during his previous term. J. there must be a showing that the issues raised are of transcendental importance which must be settled early. No. Since the Constitution itself provides for the immunities from the general application of our criminal laws which a Senator or Member of the House of Representatives may enjoy. Presidential Decrees are laws which are of the same category and binding force as statutes because they were issued by the President in the exercise of his legislative power during the period of Martial Law under the 1973 Constitution.. I vote to deny the motion. In the ultimate analysis. neither was there a showing of a clear and present danger that warranted the limitation of that right. however. sec.. there must be a claim that the official action complained of infringes upon their prerogatives as legislators.. Accused-appellant is no longer at the point of merely being arrested.O. Muntinlupa City. and its sister publication. and the public. he fled and evaded capture despite a call from his colleagues in the House of Representatives for him to attend the sessions and to surrender voluntarily to the authorities. Judging the seriousness of the incidents. Martiniano Vivo. The accusedappellant is only one of 250 members of the House of Representatives... declaring a state of national emergency. ARMED FORCES OF THE PHILIPPINES. who marched from various parts of Metro Manila to converge at the EDSA Shrine. No.O. Jr. Hence. They were not committing any crime. Lastly. J.. and the directive of the Communist Party of the Philippines ordering its front organizations to join 5. 4. the Court has the duty to formulate guiding and controlling constitutional precepts. But there is nothing in PP 1017 allowing the police. without restrictions. the courts are authorized not only “to settle actual controversies involving rights which are legally demandable and enforceable. It is not the injury to the complainant. who has the discretion to determine what acts constitute terrorism. Necessarily. No. Not only that. otherwise such privilege shall cease upon its failure to do so. it would be a mockery of the aims of the State's penal system. however. The illegal implementation of PP 1017. No. by its nature. a liberal construction of the constitutional privilege is not in order.) Whether or not the issuance of PP 1021 rendered the present petitions moot and academic. The taking over of private business affected with public interest is just another facet of the emergency powers generally reposed upon Congress. 5 mandates the AFP and the PNP to immediately carry out the “necessary and appropriate actions and measures to suppress and prevent acts of terrorism and lawless violence. Sandoval-Gutierrez. 3 May 2006. When it comes to freedom from arrest. VI. Gonzaga-Reyes. if voters elect a person with full knowledge that he suffering from a terminal illness. accusedappellant commuted by chartered plane and private vehicle. A strict scrutiny of classifications is essential lest wittingly or otherwise. The Constitution guarantees: ".1 (emphasis supplied) This constitutional provision denying the right to bail for offenses punishable by reclusion perpetua when the evidence of guilt is strong is reiterated in Rule 114 of the Rules of Criminal Procedure. She cannot call the military to enforce or implement certain laws. after his transfer at the New Bilibid Prison in Muntinlupa City. Morfe. doctrines or rules. ban on public assemblies. crimes punishable by afflictive penalties or with capital punishment. except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong. It also appears that he has been receiving his salaries and other monetary benefits.5 Thus. The “acts of terrorism” portion of G. It is trite to say that in each and every manifestation of judicial endeavor."6 This simply means that all persons similarly situated shall be treated alike both in rights enjoyed and responsibilities imposed. they do so knowing that at any time. David. breaking into offices and residences. The trial court found accused-appellant guilty of the crime of statutory rape. SO ORDERED. it would amount to the creation of a privileged class. as Commander-inChief. VIII. There is likely to be no dissent from the proposition that a legislator or a delegate can perform his functions efficiently and well. since his re-election to office operates as a condonation of the officer's previous misconduct to the extent of cutting off the right to remove therefor. the President was justified in issuing PP 1017 calling for military aid. they would be considered immune during their attendance in Congress and in going to and returning from the same" The accused-appellant. Tañada. Certainly. he was assigned one guard and allowed to use his own vehicle and driver in going to and from the project area and his place of confinement. there must be a showing of obvious interest in the validity of the election law in question. et al. viz — Sec. particularly in the Philippine Marines. Owing to her Office’s vast intelligence network. All the petitioners have legal standing in view of the transcendental importance of the issue involved. Excessive bail shall not be required. but arbitrariness.” Under the expanded power of judicial review. is the restraint of one's liberty. were arrested without a warrant while they were exercising their right to peaceful assembly. Legislative power is peculiarly within the province of the Legislature. there can be indiscriminate arrest without warrants. United States. In the early morning of February 25.O.7 The organs of government may not show any undue favoritism or hostility to any person.” But the President must be careful in the exercise of her powers.3 I agree with the ponencia that to allow accused-appellant to attend legislative sessions would constitute an unjustified broadening of the privilege from the arrest bestowed by the Constitution upon members of Congress. It has the symbolic function of educating the bench and the bar.. the commission of serious crimes.16 Prison officials have the difficult and often thankless job of preserving the security in a potentially explosive setting. on the extent of the protection given by constitutional guarantees. Capital offense or an offense punishable by reclusion perpetua or life imprisonment. 2. Petitioners failed to show that President Arroyo’s exercise of the calling-out power. Her authority to declare a state of national emergency is granted by Sec.11 Aguinaldo v.R. Thus. Her judgment on this aspect is absolute. and issuance of Presidential Decrees. All these can be effected in the name of G. GONZAGA-REYES. much less denied. an afflictive penalty. In People v. Being a mere procedural technicality. without legislation. tried and convicted by the trial court. d) to register as a voter at his hometown in Dapitan City. Divina2 we held that the trial court's judgment of conviction imports that the evidence of guilt of the crime charged is strong. et al. The wholesale cancellation of all permits to rally is a blatant disregard of the principle that “freedom of assembly is not to be limited. C. the power to suspend the privilege of the writ of habeas corpus. which was in turn based upon the American Constitution. PP 1017 does not authorize President Arroyo during the emergency to temporarily take over or direct the operation of any privately owned public utility or business affected with public interest without authority from Congress. Taxpayers. the Court considered the President’s “calling-out” power as a discretionary power solely vested in his wisdom. The accused-appellant avers that his constituents in the First District of Zamboanga del Norte want their voices to be heard and that since he is treated as bona fide member of the House of Representatives. and (4)the case is capable of repetition yet evading review.A person charged with crime is taken into custody for purposes of the administration of justice. It follows that these decrees are void and. b) to undergo dental examination and treatment at the clinic of his dentist in Makati City. The exercise of emergency powers. 2006. including the police power of the State. these are: the calling-out power. invasion or rebellion. A few minutes after the search and seizure at the Daily Tribune offices.out power."15 It can be seen from the foregoing that incarceration. The duty of a mother to nurse her infant is most compelling under the law of nature. — A member of the Batasang Pambansa shall. The duties imposed by the "mandate of the people" are multifarious. and also in separate opinion of Justice Reyes. take-over of news media and agencies and press censorship. the defections in the military. Malaya. There is no question that the issues being raised affect the public interest. the 1986 Constitutional Commission rejected the proposal of one of its members to expand the scope of the parliamentary immunity to include searches because. absent any contrary allegations. the latter urges a co-equal branch of government to respect his mandate. From the most to the least benign. be bailable by sufficient sureties.” Thus. PP 1017 is not a declaration of Martial Law.14 The administrative liability of a public officer is separate and distinct from his penal liability. but merely an invocation of the President’s calling-out power. the police surrounded the premises of another pro-opposition paper. VII of the Constitution. JOSE BURGOS. .O. provided that the following requirements are met: (a) the cases involve constitutional issues.O. orders and regulations promulgated by me personally or upon my direction.” but also “to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. As a punishment. and the reproving statements from the communist leaders. citing Williamson v. having been convicted of statutory rape which is punishable by reclusion perpetua. Mendoza. VII of the Constitution. Petitioners did not refute such events. On the same day. and the power to declare Martial Law. are powers which can be exercised by the President as Commander-in-Chief only where there is a valid declaration of Martial Law or suspension of the writ of habeas corpus. THE JUDGE ADVOCATE GENERAL. pictures. the military and the police. Republic of the Philippines SUPREME COURT ManilaEN BANC G. Allowing accused-appellant to attend congressional sessions and committee meeting for five (5) days or more in a week will virtually make him free man with all the privilege appurtenant to his position. exactly one week from the declaration of a state of national emergency and after all the present petitions had been filed. No. XII of the Constitution states that the “the State may. issued Presidential Proclamation No. it cannot be used to justify acts that can be done only under a valid declaration of Martial Law. JJ. find that election to the position of Congressman is not a reasonable classification in criminal law enforcement. or an offense punishable by reclusion perpetua or life imprisonment. ISSUES: 1. was unwarranted. cannot be enforced.” Considering the circumstances then prevailing. See separate concurring opinion. to wit. prohibition and dispersal of all assemblies and gatherings unfriendly to the administration. INC.7 In fact. 5 Martinez v.) Whether or not PP 1017 arrogates unto the President the power to legislate. But the President must be careful in the exercise of her powers. It includes the notion of restraint within limits defined by wall or any exterior barrier. respondents. and for any speech and debate therein. No. Joker P. (En Banc) Section 18.) Whether or not PP 1017 and G. expressly or impliedly. a “sequence” of graduated powers. the standard laid down is nnot correctness. these are: the calling-out power. on the issue of whether to expel/suspend him from the House of Representatives. These consolidated petitions for certiorari and prohibition allege that in issuing PP 1017 and G. The constitutional provision contemplates that stage of the criminal process at which personal jurisdiction is sought to be acquired over the accused by means of his arrest. The question of locus standi is but corollary to the bigger question of proper exercise of judicial power. before conviction.O. No. There lies the wisdom of our Constitution. I concur in the ponencia of my colleague Madame Justice Consuelo YnaresSantiago in holding that accused-appellant's motion is bereft of any legal merit. Lawful arrest and confinement are germane to the purposes of the law and apply to all those belonging to the same class. There lies the wisdom of our Constitution. As enunciated in Martinez v. Section 18. he has filed several bills and resolutions. It will be recalled that when a warrant for accused-appellant's arrest was issued. knowing that during grave emergencies. The criterion by which the validity of a statute or ordinance is to be measured is the essential basis for the exercise of power. and in going to and returning from the same. c) to undergo a thorough medical check-up at the Makati Medical Center. This can not be countenanced because. Every act that goes beyond the President’s calling-out power is considered illegal or ultra vires. From the most to the least benign. BAYANI SORIANO and J. Art. the Court stressed that “this does not prevent an examination of whether such power was exercised within permissible constitutional limits or whether it was exercised in a manner constituting grave abuse of discretion. Morfe. the greater are the limitations. Separate Opinions GONZAGA-REYES. who has been convicted by the trial court of two counts of statutory rape and six counts of acts of lasciviousness. 5 is a judicial question which is of paramount importance to the Filipino people. — No person charged with a capital offense. 5 (G.17 Premises considered. it was not demonstrated that the conduct of searches would prevent members of Congress from discharging their legislative functions. as the nation celebrated the 20th Anniversary of the EDSA People Power I. Apparently.. coercion exercised upon a person to prevent the free exercise of his power of locomotion. concurring opinion.1âwphi1. be privilege from arrest during his attendance at its sessions. Certainly. any prevention of his movements from place to place. the raid of an army outpost in Benguet resulting in the death of three soldiers.O.e. ESCOLIN.” As to how the Court may inquire into the President’s exercise of the power. the greater the power. J. with supporting reports forming part of the records. but also on Sec. the greater the power. Moreover. pursuant to G. Despite the expansion of the privilege. On February 24. it would amount to the creation of a privileged class. the search of the Daily Tribune offices is illegal. the privilege from arrest is still circumscribed by the nature or the gravity of the offenses of which the accused is charged. is obviously not entitled to the privilege of parliamentary immunity and. The ordinance power granted to President Arroyo under the Administrative Code of 1987 is limited to executive orders.. (c)for voters. Generally. Bellosillo. to conduct illegal arrest. Members of Congress in particular. We remain unpersuaded.v. Panganiban. For resolution in this case is a motion filed by accused-appellant Romeo G.11 More explicitly. What the accused-appellant seeks is not of an emergency nature. and mock-ups of the Saturday issue. during the emergency and under reasonable terms prescribed by it. Batasan Hills. Being a detainee. if: (1) there is a grave violation of the Constitution. Thus. the requirement of locus standi may be waived by the Court in the exercise of its discretion. felony and breach of the peace" have been construed to include all indictable offenses.O. In this case. An elective governor has to serve provincial constituents. and the power to declare Martial Law. accused-appellant should not even have been allowed by the prison authorities at the National Penitentiary to perform these acts. such issuances are void for being unconstitutional. 5. PRESIDENTIALSECURITY COMMAND. he may no longer serve his full term in office. Davide. therefore. In Integrated Bar of the Philippines v. when Sec. 3. The issuance of PP 1021 did not render the present petitions moot and academic because all the exceptions to the “moot and academic” principle are present. Likewise. subject to certain conditions.

. respectively. 1983 or after the lapse of a period of more than six [6] months. it was reported that noless than President Marcos himself denied the request of the military authorities tosequester the property seized from petitioners on December 7. Metrocom. recordings and other written instruments concerning the Communist Party in Texas. 1] Toyota-Corolla. pictures. Plana. Presidential Security Command. Bereft of such particularsas would justify a finding of the existence of probable cause. within legal bounds. letters and facsimile of prints related to the "WEFORUM" newspaper." As couched.and he can do whatever he pleases with them. upon suggestion of persons close to thePresident.Petitioners further pray that a writ of preliminary mandatory and prohibitory injunction beissued for the return of the seized articles. pamphlets. alert and even militantpress is essential for the political enlightenment and growth of the citizenry. . equipment. The action against "WE FORUM" was a naked suppression of press freedom for thesearch warrants were issued in gross violation of the Constitution. as amended.illegal organizations such as the Light-a-Fire Movement. Objection is interposed to the execution of Search Warrant No. 20-82[a] and 20-82[b] issued byrespondent judge on December 7. Burgos Media Services. and it is sufficient that the personagainst whom the warrant is directed has control or possession of the property sought to be seized. these premises were padlocked and sealed.Quezon Avenue.At the hearing on July 7.from release of public funds to release of detained persons from custody.". 2] Subversive documents. As a consequence of thesearch and seizure. In like manner. petitioners.S. natural or artificial. It is contended by petitioners. was allegedly keeping and concealing the articles listed therein. There is no mention of any specific provision of the decree. Jr. Article IV of the 1973 Constitution whichprovides: SEC. when "Officers of the Crown were given roving commissions to search wherethey pleased in order to suppress and destroy the literature of dissent both Catholic andPuritan Reference herein to such historical episode would not be relevant for it is not thepolicy of our government to suppress any newspaper or publication that speaks with"the voice of non-conformity" but poses no clear and imminent danger to state security. Abadilla whichconducted a surveillance of the premises prior to the filing of the application for thesearch warrants on December 7. Search Warrants No. theCity Fiscal of Quezon City. And it has also been said that the executing officer may lookto the affidavit in the official court file to resolve an ambiguity in the warrant as to theplace to be searched. and that portion of a search warrant which authorized the seizure of any "paraphernalia which could be used to violate Sec. Executive Judge of the thenCourt of First Instance of Rizal [Quezon City]. 1983. and 784 Units C & D. Teehankee. which authorizes "the sequestration of the property of any person. Sr. 20-82 [b]. In fact." (Ibid . Congressman Tony P. The fact that he hasused them as evidence does not and cannot in any way affect the validity or invalidity of the search warrants assailed in this petition.. took no part. The search warrants are also void for lack of particularity. Quezon Avenue.Relova. NKV 969 3] A delivery truck with Plate No. 19. In the Stanford case. and (2) that thewarrant shall particularly describe the things to be seized.Minister Romulo stated: 2. 1. communications/recording equipment. InDavao Sawmill Co.The description of the articles sought to beseized under the search warrants in question cannot be characterized differently. "particularly the Chief Legal Officer. 2] DATSUN pick-up colored white with Plate No. 1982 issue of the Daily Express. Quezon City.J. under subsection [b] of the above-quoted Section 2. as they now do [p. Supreme Court for being too general. concur. Wefind no ground to punish or chastise them for an error in judgment. Cendaña said that because of the denial the newspaper and its equipment remain at thedisposal of the owners. and other publication to promotethe objectives and piurposes of the subversive organization known as Movement for FreePhilippines. paraphernalia." (Stonehill vs.. Road 3. It isnegligence or omission to assert a right within a reasonable time. Both search warrants authorize Col. In the case at bar." It is doubtful however. Quezon City and 784 Units C & D. Q. through Col. Considerablestress is laid on the fact that while said search warrants were issued on December 7. Hall addressed to President Marcos. Q-022782 of the Regional Trial Court of Quezon City.paraphernalia. 1982 by respondent Judge Ernani Cruz-Pano. if sequestrationcould validly be affected in view of the absence of any implementing rules andregulations promulgated by the Minister of National Defense. pick-up truck with Plate No." With this manifestation. that the abovementioned documents could nothave provided sufficient basis for the finding of a probable cause upon which a warrantmay validly issue in accordance with Section 3... tables. the premises searched were the business and printing offices of the "Metropolitan Mail" and the "We Forum newspapers. to wit: Sec. In the case at bar nothing specifically subversive hasbeen alleged. concurring I am glad to give my concurrence to the ponencia of Mr. were seized.1982. " It would be legal heresy of the highest order.Assailed in this petition for certiorari prohibition and mandamus with preliminarymandatory and prohibitory injunction is the validity of two [2] search warrants issued onDecember 7.. petitioners do not claim to be the owners of the land and/or buildingon which the machineries were placed. But this procedural flaw notwithstanding. leaflets. and constitutes a virtualdenial of petitioners' freedom to express themselves in print. 1. 19. The search warrantsdescribe the articles sought to be seized in this wise: 1] All printing equipment. The fact is that the place for which Search Warrant No. books. It may or may not be owned byhim.19. Jr. Search Warrants Nos. Jr. two search warrants were applied for and issued because the purpose and intent were to search two distinct premises. I nthe words of Chief Justice C Concepcion. Precisely.."machinery. . under which the premises known as No. 2. and are being used as instruments and means of committing the crime of subversion penalized under P. These documents lawfully belong to petitioner Jose Burgos. it has been held "that the executing officer's prior knowledgeas to the place intended in the warrant is relevant. Rule 126 of the Rules of Court . Gutierrez. 126Phil. Respondents would justify the continued sealing of the printing machines on the groundthat they have been sequestered under Section 8 of Presidential Decree No. instruments or implements intended by the owner of thetenement for an industry or works which may be carried on in a building or on a piece of land and which tend directly to meet the needs of the said industry or works" areconsidered immovable property. it was because they tried at first to exhaust other remedies. Article IV. as petitioner Jose Burgos. were searched. colored white with Plate No. Jr. The existence of this special circumstance justifies this Court to exercise its inherent power to suspend its rules. The applicationwas accompanied by the Joint Affidavit of Alejandro M. "it is always in the power of the court [Supreme Court] to suspend its rules or to except a particular case from its operation.D. like Fiscal Flaminiano. business addresses of the "Metropolitan Mail" and "We Forum"newspapers. 1983. In Alvarez v. entitled People v. 1983. heis now estopped from challenging the validity of the search warrants. Bayani Soriano and the J. the machineries inquestion. there was nothing subversive published in the WE FORUM just as thereis nothing subversive which has been published in MALAYA which has replaced theformer and has the same content but against which no action has been taken.. Court of First Instance. the Judge Advocate General. Cendana. Diokno. stated only is the claim that certain objects were being used asinstruments and means of committing the offense of subversion punishable under P. directions to "seize any evidence in connection with the violation of SDC 13-3703 or otherwise" have beenheld too general.. after examination under oath or affirmation of the complainant and thewitnesses he may produce. Chief Intelligence andLegal Officer of the Presidential Security Command. RMS Building. with the further resultthat the printing and publication of said newspapers were discontinued. The climate of the times has given petitioners no other choice. 1982. publisher-editor of the "We Forum" newspaper. and particularly describing the place to be searched and thepersons or things to be seized.) Any search warrant is conducted in disregard of the points mentioned above will resultin wiping "out completely one of the most fundamental rights guaranteed in our Constitution. Abadilla and his witnesses. or such other responsible officer as may beauthorized by law. 20-82[b] at the latter address on the ground that the two search warrants pinpointed only one place where petitioner Jose Burgos.J. the quotedaverment in said joint affidavit filed before respondent judge hardly meets the test of sufficiency established by this Court in Alvarez case. because the purpose thereof is to convincethe committing magistrate. NBS 524. Section 2. the Constitution requires no less than personalknowledge by the complainant or his witnesses of the facts upon which the issuance of a search warrant may be justified. in their Consolidated Reply. 1983. QuezonAvenue..The events of the past eleven fill years had taught them that everything in this country. Thus: The President denied a request flied by government prosecutors for sequestration of theWE FORUM newspaper and its printing presses. after examination under oath or affirmation of the complainant and thewitnesses he may produce. 5. government agents went to the We Forum offices in QuezonCity and took a detailed inventory of the equipment and all materials in the premises. Jr.which was televised in Channel 7 and widely publicized in all metropolitan dailies. more particularly. articles b belonging to his co-petitioners Jose Burgos. p. receipts.No. Andafter such a letter had been sent. explained the reason for the delay in the filingof the petition thus: Respondents should not find fault. Project 6. stresses twopoints. unless such person acted as the agent of the owner. was alleged to have in relation to the articlesand property seized under the warrants. etc. De la Fuente and Cuevas. 4] TOYOTA-TAMARAW. Gutierrez and Pedro U. not the individual making the affidavit and seeking theissuance of the warrant. Balbino V. Laches is failure or negligence for an unreasonable and unexplained length of time todo that which. 5] TOYOTA Hi-Lux. Jr. respectively." In Stanford v. Another factor which makes the search warrants under consideration constitutionallyobjectionable is that they are in the nature of general warrants.. later reset to July 7. 20-82[a] and No. RMS Building. as mandated by the above-quoted constitutional provision as wen as Sec. As heretofore stated. 3. more than half a year after thepetitioners' premises had been raided. of the existence of probable cause. Obviously this is the sameplace that respondent judge had in mind when he issued Warrant No. Conformably with existing jurisprudence everything seized pursuant to the warrantsshould be returned to the owners and all of the items are subject to the exclusionaryrule of evidence. Personal Property to be seized. The obvious question is: Why were the documents. typewriters. ink. therebyrefuting the charge of laches against them. i.. Thus. 4. that an examination had indeed been conducted by respondent judge of Col. whenever the purposes of justice require it. and to promote the objective of. PBP 665.. motor vehicles and other articles used in the printing. alone. p.the prayer for preliminary prohibitory injunction was rendered moot and academic. Respondents also submit the theory that since petitioner Jose Burgos. dictaphone andthe like used and/or connected in the printing of the "WE FORUM" newspaper and anyand all documents communication. documents. petitioners finally decided to come to Court. The above rule does not require that the property to be seized should be owned by theperson against whom the search warrant is directed. photo (equipment. publication anddistribution of the said newspapers. I must. which addressappeared in the opening paragraph of the said warrant. Besides. receptables. 1983. memoranda. Makasiar. 1982 had not been sequestered is further confirmed by the reply of then Foreign Minister Carlos P. the U. 1982 are hereby declared null and void and areaccordingly set aside. sent a letter to President Marcos. and. Indeed. while in fact bolted to the ground remain movable property susceptible toseizure under a search warrant. could or should have been done earlier. We do not followthe logic of respondents. Such closure is in the nature of previous restraint or censorship abhorrent to thefreedom of the press guaranteed under the fundamental law. 885 as amended and he is keeping and concealing the same at 19 Road 3. 3] Motor vehicles used in the distribution/circulation of the "WE FORUM" and other subversive materials and propaganda. This would seem to be especiallytrue where the executing officer is the affiant on whose affidavit the warrant had issued.e. as well as numerous papers. Abadilla'sapplication that petitioner "is in possession or has in his control printing equipment and other paraphernalia. Rule 126 of the Rules of Court. Melencio-Herrera. Fernando. The plea for preliminary mandatory and prohibitory injunction was set for hearing on June 28. State of Texas the search warrant which authorized the search for "books. The prayer for a writ of mandatory injunction for the return of theseized articles is hereby granted and all articles seized thereunder are hereby orderedreleased to petitioners. The defect pointed out is obviously a typographical error. Manifestation] withthe fact that the Petition was filed on June 16." was declared void by the U. Several and diverse reasons have been advanced by petitioners to nullify the searchwarrants in question.subversive? What did they contain to make them subversive? There is nothing in theapplications nor in the warrants which answers the questions.and April 6 Movement. subordinates. 885.82[b]which states: Which have been used. their representatives. Quezon City. 747: 20 SCRA 383 [1967]. Jr. this Court ruled that machinery which is movable by naturebecomes immobilized when placed by the owner of the tenement. Rolando N. This state of being ispatently anathematic to a democratic framework where a free. In this reply dated February 11. 738. the application and/or its supporting affidavits must contain a specification. In point of fact. Respondents would have this Court dismiss the petition on the ground that petitionershad come to this Court without having previously sought the quashal of the searchwarrants before respondent judge. No costs. That the property seized on December 7. . Light-a-Fire Movement and April 6 Movement. Rollo] Although the reason given by petitioners may not be flattering to our judicial system. Gutierrez and Pedro U. books and other publication to promote the objectives and purposes of the subversive organizations known as Movement for Free Philippines. No. while opposing petitioners' prayer for a writ of preliminary mandatory injunction. subject to the discretion of the court. property or plant. President Marcos turned down the recommendation of our authorities to close the paper's printing facilities and confiscate the equipment andmaterials it uses. 1983.” 3. [pp. said allegation cannotserve as basis for the issuance of a search warrant and it was a grave error for respondent judge to have done so. 2. Another ground relied upon to annul the search warrants is the fact that although thewarrants were directed against Jose Burgos. J. Raymundo. Contrary to reports.. 20. Road 3. Quezon City. subalterns. leaflets. of the following: Subversive documents. Probable cause for a search is defined as such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched. colored yellow with Plate No. cards. petitioners. Jr. Project 6. asamended.Quezon City. pamphlets. C. the addresses of the places sought to be searched were specifically set forth in the application. concur. .abstract averments will not suffice. for it would place the sanctity of the domicile and the privacy of communication and correspondence at the mercy of the whims caprice or passion of peace officers. Separate Opinions ABAD SANTOS. RMS Building. Road 3. among other things. respondents were required to answer thepetition. stolen property must be owned byone other than the person in whose possession it may be at the time of the search andseizure. The Constitutional requirement which is expressed in Section 3.82[b] were used to search two distinct places: No. as in the case at bar. Romulo to the letter datedFebruary 10.. however. and no search warrant or warrant of arrest shall issue except upon probablecause to be determined by the judge. members of the Metrocom Intelligence and Security Group under Col. usufructuary. Neither is there merit in petitioners' assertion that real properties were seized under the disputed convict anybody" of violating the decree without reference to any determinate provision thereof.Abadilla himself who headed the team which executed the search warrants. 1983 of U.cabinets. however. We find petitioners' thesis impressed with merit. news publications and other documents which were used and areall continuously being used as a means of committing the offense of subversionpunishable under Presidential Decree 885. IN VIEW OF THE FOREGOING.conclude that the warrants are general warrants which are obnoxious to theConstitution. de Ordoveza v. JJ.. Diego. Teehankee. according to Information Minister Gregorio S. Ownership. in accordance with implementing rules and regulations as maybe issued by the Secretary of National Defense. 20. lists. is of no consequence. 885. enumerates the personal properties that maybe seized under a search warrant. 4. In the words of the revered Mr. or any other person having only atemporary right. paper. And when the search warrant applied for is directed against a newspaper publisher or editor in connection with the publication of subversive materials.. has become amatter of executive benevolence or largesse Hence.substitute or successors" be enjoined from using the articles thus seized as evidenceagainst petitioner Jose Burgos. and [c] Property used or intended to be used as the means of committing anoffense. J. [b] Property stolen or embezzled and other proceeds or fruits of theoffense. "that theevidence gathered and collated by our unit clearly shows that the premises above-mentioned and the articles and things above-described were used and are continuouslybeing used for subversive activities in conspiracy with. and since it was Col. v. On the basis of court orders... Supreme Courts calls to mind a notable chapter inEnglish history: the era of disaccord between the Tudor Government and the EnglishPress. stating with particularity the alleged subversive material he has published or is intending to publish. Jr. Necessarily. SO ORDERED. we take cognizanceof this petition in view of the seriousness and urgency of the constitutional issues raisednot to mention the public interest generated by the search of the "We Forum" offices. To satisfy therequirement of probable cause a specific offense must be alleged in the application. 54-197 of the ConnecticutGeneral Statutes [the statute dealing with the crime of conspiracy]" was held to be ageneral warrant.. Justice Abad Santos in the case of C. Quezon City. If they had waited this longto bring their case to court. Vda.C. Answer. to bedetermined by the judge in the manner set forth in said provision. Abadilla Intelligence Officer of the P. Justice Escolin At the same time I wish to state my own reasons for holding that the search warrants which are the subject of the petition are utterly void.expressing alarm over the "WE FORUM " case. 748. tape recorders. Quezon City. Jose Burgos. they were further encouraged tohope that the latter would yield the desired results. Tango. Rolando Abadilla to seize and take possession. and. Tango. assistants. the instant petition impugning the same was filed only on June 16. engaged in subversive activities against the government and its dulyconstituted authorities . On the contrary. one of the propertiesthat may be seized is stolen property.and when he knows that the judge who issued the warrant intended the buildingdescribed in the affidavit. may properly be considered moot and academic.were seized. Respondents likewise urge dismissal of the petition on ground of laches. 3." is a mere conclusion of law and does not satisfy the requirements of probable cause. NGV 427 with marking"Bagong Silang.. should have filed a motion to quash said warrants in thecourt that issued them. in the December 10. by exercising due diligence. Castillo where this legalprovision was invoked. Inc.123-124. After waiting in vain for five [5] months. Equally insufficient as basis for the determination of probable cause is the statementcontained in the joint affidavit of Alejandro M. Light-a-Fire Movement and April 6 Movement. In the determination of whether a search warrant describes the premises to be searchedwith sufficient particularity. The questioned search warrants were issued by respondent judge upon applicationof Col. — A search warrant may be issued for the searchand seizure of the following personal property: [a] Property subject of the offense.Mere generalization will not suffice. and that respondents. This assertion is based on that portion of Search Warrant No. Under Article 415[5] of the Civil Code of the Philippines. had used andmarked as evidence some of the seized documents in Criminal Case No. through counselAntonio Coronet asking the return at least of the printing equipment and vehicles.82[b] was appliedfor was 728 Units C & D. warranting apresumption that the party entitled to assert it either has abandoned it or declined to assert it.D. Petitioners fault respondent judge for his alleged failure to conduct an examinationunder oath or affirmation of the applicant and his witnesses. pamphlets. 20. butnot so when placed by a tenant. Project 6. pamphlets.022872. AFP. leaflets. this Courtruled that "the oath required must refer to the truth of the facts within the personalknowledge of the petitioner or his witnesses. before impugning the validity of the warrants before this Court. theextrajudicial efforts exerted by petitioners quite evidently negate the presumption thatthey had abandoned their right to the possession of the seized property. Movement for Free Philippines. as petitioners themselves conceded during the hearing on August 9. therefore. 1983. as soon as they could. therefore. and office and printing machines. as amended . 1982. namely: "(1) that no warrant shall issue but upon probable cause." In mandating that "no warrant shall issue except upon probable cause to be determinedby the judge. This being the case. Petitioners. books. NKA 892.S.) The two search warrants were issued without probable cause. Aquino. on motion of the Solicitor Generalin behalf of respondents. the broad statement in Col. and the other accused in Criminal Case No. booksand other written literature alleged to be in the possession and control of petitioner JoseBurgos. and therefore invalid. theambiguity that might have arisen by reason of the typographical error is more apparentthan real. It would be quite absurd and illogical for respondent judge to have issued two warrants intended for one and the same place. Project 6. Jr .This objection. Concepcion. manifested that respondents "will not usethe aforementioned articles as evidence in the aforementioned case until final resolutionof the legality of the seizure of the aforementioned articles. et al In our Resolution dated June 21. records. Besides.S. the Solicitor General.