Professional Documents
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Poli Rev 1 Case Digest
Poli Rev 1 Case Digest
Poli Rev 1 Case Digest
Executive Exec
On January 20, 1973, just two days before the Supreme Court decided the
sequel of plebiscite cases, Javellana filed this suit against the respondents to
restrain them from implementing any of the provisions of the proposed
Constitution not found in the present 1935 Constitution. This is a petition filed by
him as a Filipino citizen and a qualified and registered voter and as a class suit,
for himself and in behalf of all citizens and voters similarly situated. Javellana
also alleged that the President had announced the immediate implementation of
the new constitution, thru his Cabinet, respondents including.
Following that, petitioners prayed for the nullification of Proclamation No. 1102
and any order, decree, and proclamation which have the same import and
objective.
ISSUES:
HELD:
The votes of persons less than 21 years of age render the proceedings in
the Citizen’s assemblies void. Proceedings held in such Citizen’s
Assemblies were fundamentally irregular, in that persons lacking the
qualifications prescribed in Article V Section 1 of the 1935 Constitution
were allowed to vote in said Assemblies. And, since there is no means by
which the invalid votes of those less than 21 years of age can be
separated or segregated from those of the qualified voters, the
proceedings in the Citizen’s Assemblies must be considered null and void.
Viva voce voting for the ratification of the constitution is void. Article XV of
the 1935 Constitution envisages with the term "votes cast" choices made
on ballots – not orally or by raising hands – by the persons taking part in
plebiscites. This is but natural and logical, for, since the early years of the
American regime, we had adopted the Australian Ballot System, with its
major characteristics, namely, uniform official ballots prepared and
furnished by the Government and secrecy in the voting, with the
advantage of keeping records that permit judicial inquiry, when necessary,
into the accuracy of the election returns.
The plebiscite on the constitution not having been conducted under the
supervision of COMELEC is void. The point is that, such of the Barrio
Assemblies as were held took place without the intervention of the
COMELEC and without complying with the provisions of the Election Code
of 1971 or even of those of Presidential Decree No. 73. The procedure
therein mostly followed is such that there is no reasonable means of
checking the accuracy of the returns filed by the officers who conducted
said plebiscites. This is another patent violation of Article X of the 1935
Constitution which form part of the fundamental scheme set forth in the
1935 Constitution, as amended, to insure the "free, orderly, and honest"
expression of the people's will. For this, the alleged plebiscite in the
Citizen’s Assemblies is null and void, insofar as the same are claimed to
have ratified the revised Constitution.
4. On the fourth question of relief, six (6) members of the Court, namely,
Justices Makalintal, Castro, Barredo, Makasiar, Antonio and Esguerra
voted to DISMISS the petition. Justice Makalintal and Castro so voted on
the strength of their view that "(T)he effectivity of the said Constitution, in
the final analysis, is the basic and ultimate question posed by these cases
to resolve which considerations other than judicial, an therefore beyond
the competence of this Court, are relevant and unavoidable."
PBA v. COMELEC
FACTS:
11 petitions were filed for prohibition against the enforcement of BP 883 which
calls for special national elections on February 7, 1986 (Snap elections) for the
offices of President and Vice President of the Philippines. BP 883 in conflict with
the constitution in that it allows the President to continue holding office after the
calling of the special election.
The unified opposition, rather than insist on strict compliance with the cited
constitutional provision that the incumbent President actually resign, vacate his
office and turn it over to the Speaker of the Batasang Pambansa as acting
President, their standard bearers have not filed any suit or petition in intervention
for the purpose nor repudiated the scheduled election. They have not insisted
that President Marcos vacate his office, so long as the election is clean, fair and
honest.
ISSUE:
Is BP 883 unconstitutional, and should the Supreme Court therefore stop and
prohibit the holding of the elections
HELD:
The petitions in these cases are dismissed and the prayer for the issuance of an
injunction restraining respondents from holding the election on February 7, 1986,
in as much as there are less than the required 10 votes to declare BP 883
unconstitutional.
The events that have transpired since December 3,as the Court did not issue any
restraining order, have turned the issue into a political question (from the purely
justiciable issue of the questioned constitutionality of the act due to the lack of
the actual vacancy of the President’s office) which can be truly decided only by
the people in their sovereign capacity at the scheduled election, since there is no
issue more political than the election. The Court cannot stand in the way of letting
the people decide through their ballot, either to give the incumbent president a
new mandate or to elect a new president.
Lansang v. Garcia
Facts: In the evening of August 21, 1971, at about 9 p.m., while the Liberal Party
of the Philippines was holding a public meeting at Plaza Miranda, Manila, for the
presentation of its candidates in the general elections scheduled for November 8,
1971, two hand grenades were thrown at the platform where said candidates and
other persons were. Eight persons were killed and many more injured.
Proclamation 889 was issued by the President suspending privilege of writ of
habeas corpus stating that there is a conspiracy of rebellion and insurrection in
order to forcibly seize political power. Petitions for writ of habeas corpus were
filed by persons (13) who have been arrested without a warrant.
It was stated that one of the safeguards of the proclamation was that it is to be
applied to persons caught in flagrante delicto. Incidentally, Proc. 889-A was
issued as an amendment, inserting the word “actually staging”. Proc. 889-B was
also issued lifting the suspension of privilege in 27 provinces, 3 sub-provinces
and 26 cities. Proc. 889-C was issued restoring the suspension in 13 provinces
and cities(mostly in Mindanao). Proc. 889-D further lifted the suspension in 7
provinces and 4 cities. Only 18 provinces and sub-provinces and 2 cities whose
privilege was suspended. Petitioners maintained that Proclamation No. 889 did
not declare the existence of actual "invasion insurrection or rebellion or imminent
danger thereof, however it became moot and academic since it was amended.
Petitioners further contend that public safety did not require the issuance of
proclamations stating: (a) that there is no rebellion; (b) that, prior to and at the
time of the suspension of the privilege, the Government was functioning
normally, as were the courts; (c) that no untoward incident, confirmatory of an
alleged July-August Plan, has actually taken place after August 21, 1971; (d) that
the President's alleged apprehension, because of said plan, is non-existent and
unjustified; and (e) that the Communist forces in the Philippines are too small and
weak to jeopardize public safety to such extent as to require the suspension of
the privilege of the writ of habeas corpus.
Issues:
1. W/N the proclamation of Proclamation No. 889 is valid and effective.
2. W/N the president can suspend the writ of habeas corpus under the said
proclamation.
3. W/N the petitioners herein belong to the class of persons as to whom
privilege of the writ of habeas corpus has been suspended
Held:
1. The President has authority however it is subject to judicial review. Two
conditions must concur for the valid exercise of the authority to suspend
the privilege to the writ (a) there must be "invasion, insurrection, or
rebellion" or "imminent danger thereof," and (b) "public safety" must
require the suspension of the privilege. President has three (3) courses
of action: (a) to call out the armed forces; (b) to suspend the privilege of
the writ of habeas corpus; and (c) to place the Philippines or any part
thereof under martial law. He had, already, called out the armed forces,
proved inadequate. Of the two other alternatives, the suspension of the
privilege is the least harsh.
Petitioners contention that CPP-NPA has no ability, is negatived by the
killing of 5 mayors, 20 barrio captains and 3 chiefs of police; that there
were fourteen (14) meaningful bombing incidents in the Greater
Manila Area in 1970. CPP has managed to infiltrate or establish and
control nine major labor organizations; has exploited the (11) major
student or youth organizations; about thirty (30) mass organizations
actively advancing the CPP.
2. Yes it is valid and such suspension is limited. The President could have
declared a general suspension of the privilege. Instead, Proclamation No.
889 limited the suspension to persons detained "for crimes of insurrection
or rebellion, and all other crimes and offenses committed by them in
furtherance or on the occasion thereof, or incident thereto, or in
connection therewith." Even this was further limited by Proclamation No.
889-A, which withdrew from the coverage of the suspension persons
detained for other crimes and offenses committed "on the occasion" of the
insurrection or rebellion, or "incident thereto, in or connection therewith."
In fact, the petitioners in L-33964, L-33982 and L-34004 concede that the
President had acted in good faith.
3. If the proclamation suspending the privilege of the writ of habeas corpus is
valid — and We so hold it to be — and the detainee is covered by the
proclamation, the filing of a complaint or information against him does not
affect the suspension of said privilege, and, consequently, his release may
not be ordered by Us
AYTONA V. CASTILLO
FACTS:
On December 29, 1961, Outgoing President Carlos Garcia appointed petitioner
Dominador Aytona as ad interim Governor of the Central Bank. Aytona took the
corresponding oath. On the same day, at noon, President-elect Diosdado
Macapagal assumed office; and on the next day, he issued administrative order
no. 2 recalling, withdrawing, and cancelling all ad interim appointments made by
former President Garcia. There were all-in all, 350 midnight or last minute
appointments made by the former President Garcia. On January 1, President
Macapagal appointed Andres Castillo as ad interim Governor of the Central
Bank. Aytona instituted a case (quo warranto) against Castillo, contending that
he was validly appointed, thus the subsequent appointment to Castillo by the
new President, should be considered void.
ISSUE:
Whether or not the 350 midnight appointments of former President Garcia were
valid.
RULING:
No. After the proclamation of the election of President Macapagal, previous
President Garcia administration was no more than a care-taker administration.
He was duty bound to prepare for the orderly transfer of authority the
incoming President, and he should not do acts which he ought to know, would
embarrass or obstruct the policies of his successor. It was not for him to use
powers as incumbent President to continue the political warfare that had ended
or to avail himself of presidential prerogatives to serve partisan purposes. The
filling up vacancies in important positions, if few, and so spaced to afford some
assurance of deliberate action and careful consideration of the need for the
appointment and the appointee's qualifications may undoubtedly be permitted.
But the issuance of 350 appointments in one night and planned induction of
almost all of them a few hours before the inauguration of the new President may,
with some reason, be regarded by the latter as an abuse Presidential
prerogatives, the steps taken being apparently a mere partisan effort to fill all
vacant positions irrespective of fitness and other conditions, and thereby deprive
the new administration of an opportunity to make the corresponding
appointments.
IN RE SATURINO BERMUDEZ
Facts:
Sec. 5. The six-year term of the incumbent President and Vice-President elected
in the February 7, 1986 election is, for purposes of synchronization of elections,
hereby extended to noon of June 30, 1992.
The first regular elections for the President and Vice-President under this
Constitution shall be held on the second Monday of May, 1992.
Claiming that the said provision "is not clear" as to whom it refers, he then asks
the Court "to declare and answer the question of the construction and
definiteness as to who, among the present incumbent President Corazon Aquino
and Vice-President Salvador Laurel and the elected President Ferdinand E.
Marcos and Vice-President Arturo M. Tolentino being referred to under the said
Section 7 (sic) of ARTICLE XVIII of the TRANSITORY PROVISIONS of the
proposed 1986 Constitution refers to, . ...
Ruling:
Petitioners have no personality to sue and their petitions state no cause of
action. For the legitimacy of the Aquino government is not a justiciable matter. It
belongs to the realm of politics where only the people of the Philippines are the
judge. And the people have made the judgment; they have accepted the
government of President Corazon C. Aquino which is in effective control of the
entire country so that it is not merely a de facto government but in fact and law a
de jure government. Moreover, the community of nations has recognized the
legitimacy of tlie present government. All the eleven members of this Court, as
reorganized, have sworn to uphold the fundamental law of the Republic under
her government.
B. Republic of the Phil as a State
1. Elements of a State; Def of a State
Later, Campos Rueda filed an amended tax return wherein the properties worth
P396,308.90 are claimed as exempted from taxes. Respondent, still pending
investigation on the same subject, issued another assessment for estate tax
worth P202,262.40 and inheritance taxed worth P267,402.84 with a total amount
of P469,665.24.
Issues:
Respondent’s reply to the request for exemption of taxes, etc.:
(Note: As argued, section 122, in relation to the case, grants certain exemption of
taxes provided that ‘reciprocity’ be met and for reciprocity to be met, Tangier
must be a foreign country within the meaning of Section 122).
(2) Respondent denied request for exemption because the law of Tangier is not
reciprocal to Section 122 of the National Internal Revenue Code.
(1) Tangier allows a similar law for the exemption of taxes. Such exemption is
sufficient to entitle Antonio Rueda to the exemption benefits. There is no lacking
of reciprocity.
(1) Whether the requisites of statehood is necessary (sine qua non) for the
acquisition of international personality.
The Supreme Court referred the case back to the Court of Tax Appeals to
determine whether the alleged law of Tangier did grant the reciprocal tax
exemption required by Section 122.
Held:
(1) Requisite of Statehood is necessary.
(3) Section 122 does not require that the “foreign country” possess an
international personality. In other words, international personality is not a
requisite.
(4) Supreme Court affirms Court of Tax Appeals ruling. (Note: Look at the ruling
of the Court of Appeals found in the issue.)
US v. DORR
Facts
Fred L. Dorr and a number of other persons (Dorr, et al.) were convicted of
violating Section 8 of Act No. 292 which punishes the utterance of "seditious
words or speeches" and the writing, publication, or circulation of "scurrilous libels
against the Government of the United States or the Insular Government of the
Philippine Islands" or other libels against the same entities which (1) "tend to
disturb or obstruct any lawful officer in executing his office", (2) "tend to instigate
others to cabal or meet together for unlawful purposes", (3) "suggest or incite
rebellious conspiracies or riots", or (4) "tend to stir up the people against the
lawful authorities or to disturb the peace of the community, the safety, and order
of the Government". The same provision also punishes the deliberate
concealment of the aforementioned acts.
The charge against Dorr et al. stemmed from an article published in the
newspaper Manila Freedom criticizing the appointment by the Civil Commission
of certain persons— including Trinidad H. Pardo de Tavera— to key government
positions. The said article referred to the aforementioned appointees as "rascals"
and "corrupt" and called certain government offices organized by the Civil
Commission as "rotten" and "corrupt".
Issue
Whether or not the publication of the subject article falls within the purview
of Section 8 of Act No. 292.
Held
No. The article in question produces none of the effects enumerated in Section 8
of Act No. 292. In addition, the same provision refers to libel of the government in
general, and not of specific individuals.
Ratio Decidendi
N.B.: The Court did not provide any basis for finding that the subject article did
not have the tendency to produce the effects enumerated under Section 8 of Act
No. 292, other than all the justices agreed on the same conclusion.
As used in Act No. 292, the term "government" is used in the abstract sense of
the existing political system, as distinguished from the concrete organisms of the
Government, such as the Houses of Congress and the Executive, which are also
specially mentioned. Had the framers of the said law intended to mean specific
government personnel, they would have expressly stated so.
In this case, the article in question, attacked the Civil Commission and some of
its individual members, not the governmental system. Hence, it falls outside the
purview of Act No. 292.
KAWANANAKOA V. POLYBANK
Mr. Justice Holmes delivered the opinion of the court:
This is an appeal from a decree affirming a decree of foreclosure and sale under
a mortgage executed by the appellants to the appellee, Sister Albertina. 17 Haw.
82. The defendants (appellants) pleaded to the jurisdiction that after the
execution of the mortgage a part of the mortgaged land had been conveyed by
them to one Damon, and by Damon to the territory of Hawaii, and was now part
of a public street. The bill originally made the territory a party, but the territory
demurred and the plaintiffs dismissed their bill as to it before the above plea was
argued. Then the plea was overruled, and after answer and hearing the decree of
foreclosure was made, the appellants having saved their rights. The decree
excepted from the sale the land conveyed to the territory, and directed a
judgment for the sum remaining due in case the proceeds of the sale were
insufficient to pay the debt. Eq. Rule 92.
The appellants contend that the owners of the equity of redemption in all parts of
the mortgage land must be joined, and that no deficiency judgment should be
entered until all the mortgaged premises have been sold. In aid of their
contention they argue that the territory of Hawaii is liable to suit like a municipal
corporation, irrespective of the permission given by its statutes, which does not
extend to this case. They liken the territory to the District of Columbia (Metr- [205
U.S. 349, 353] opolitan R. Co. v. District of Columbia, 132 U.S. 1 , 33 L. ed.
231, 10 Sup. Ct. Rep. 19), and point out that it has been a party to suits that have
been before this court (Damson v. Hawaii, 194 U.S. 154 , 48 L. ed. 916, 24 Sup.
Ct. Rep. 617; Carter v. Hawaii, 200 U.S. 255 , 50 L. ed. 470, 26 Sup. Ct. Rep.
248).
The territory, of course, could waive its exemption (Smith v. Reeves, 178 U.S.
436 , 44 L. ed. 1140, 20 Sup. Ct. Rep. 919), and it took no objection to the
proceedings in the cases cited if it could have done so. See act of April 30, 1900,
chap. 339, 96. 31 Stat. at L. 141, 160. But in the case at bar it did object, and the
question raised is whether the plaintiffs were bound to yield. Some doubts have
been expressed as to the source of the immunity of a sovereign power from suit
without its own permission, but the answer has been public property since before
the days of Hobbes. Leviathan, chap. 26, 2. A sovereign is exempt from suit, not
because of any formal conception or obsolete theory, but on the logical and
practical ground that there can be no legal right as against the authority that
makes the law on which the right depends. 'Car on peut bien recevoir loy
d'autruy, mais il est impossible par nature de se donner loy.' Bodin, Republique,
1, chap. 8, ed. 1629, p. 132; Sir John Eliot, De Jure Maiestatis, chap. 3. Nemo
suo statuto ligatur necessitative. Baldus, De Leg. et Const. Digna Vox, 2. ed.
1496, fol. 51b, ed. 1539, fol. 61.
As the ground is thus logical and practical, the doctrine is not confined to powers
that are sovereign in the full sense of juridical theory, but naturally is extended to
those that, in actual administration, originate and change at their will the law of
contract and property, from which persons within the jurisdiction derive their
rights. A suit presupposes that the defendants are subject to the law invoked. Of
course it cannot be maintained unless they are so. But that is not the case with a
territory of the United States, because the territory itself is the fountain from
which rights ordinarily flow. It is true that Congress might intervene, just as, in the
case of a state, the Constitution does, and the power that can alter the
Constitution might. But the rights that exist are not created by [205 U.S. 349,
354] Congress or the Constitution, except to the extent of certain limitations of
power. The District of Columbia is different, because there the body of private
rights is created and controlled by Congress, and not by a legislature of the
District. But for the territory of Hawaii it is enough to refer to the organic act. Act
of April 30, 1900, chap. 339, 6, 55. 31 Stat. at L. 141, 142, 150. Coffield v.
Territory, 13 Haw. 478. See, further, Territory v. Doty, 1 Pinney (Wis.) 396, 405;
Langford v. King, 1 Mont. 33; Fisk v. Cuthbert, 2 Mont. 593, 598.
However it might be in a different case, when the inability to join all parties and to
sell all the land is due to a conveyance by the mortgagor directly or indirectly to
the territory, the court is not thereby deprived of ability to proceed.
Decree affirmed.
Garcia v. COS
FACTS:
The plaintiff filed with the Court of First Instance of Pangasinan an action to
collect a sum of money against the above defendants. He suffered injuries while
undergoing a 10-month military training at Camp Floridablanca, Pampanga. He
filed a claim under Commonwealth Act 400 and in April 1957 with the Adjutant
General’s Office which later disallow his claim for disability benefit. After further
demands of the plaintiff, the same Adjutant General’s Office denied the claim,
alleging that the Commonwealth Act 400 had already been repealed by RA 610
which took effect January 1, 1950. That by the reason of the injuries suffered by
plaintiff, he was deprived of his sight or vision rendering him permanently
disabled; and by the reason of unjustified refusal of defendants on the claim,
plaintiff was deprived of his disability pension from July 1948 totaling no less than
Php 4,000 at the rate of P20 per month and suffered moral damages and
attorney’s fees the amount of Php 2,000. The Philippine Veterans Administration
and the Chief of Staff of AFP file separate motions to dismiss the complaint on
the grounds that the court has no jurisdiction over the subject matter of the
complaint; that the plaintiff failed to exhaust all administrative remedies before
coming to court; that the complaint states no cause of action; and that the cause
of action is barred by the statute of limitations. Acting on the said Motion, the
Court of First Instance, on March 2, 1962, rendered an order dismissing the
complaint on the ground that action has prescribed. Motion for reconsideration of
the said order having been denied, the plaintiff has interposed this appeal.
ISSUE:
Whether the lower court has jurisdiction on the said matter and dismissing the
complaint on ground it being the money claim against the government.
HELD:
The court affirmed the lower court’s decision on dismissing the complaint for the
simple reason that the Court of First Instance had no jurisdiction over the subject
matter, it being a money claim against the government. If there is a money claim
against the government should be filed with the Auditor General. Plus, under
the doctrine of state immunity, the state cannot be sued without its consent.
Moreover, it is in line with the principle that the State cannot be charged without
its content as provided by the Commonwealth Act 328 Sec. 1 that in all cases
involving the settlement of accounts and claims other than those of accountable
officers, the Auditor General shall act and decide the same within sixty days.
Also, if all administrative remedies have been made and if superior administrative
officers could grant relief, it is not necessary to entertain actions against the
administrative officers as established by the rule.
The petition started from a controversy over a parcel of land. Lot 5A registered
under the name of the Holy See, is connected to Lot 5B and 5D under the name
of Philippine Realty Corporation. The land was donated by the Archdiocese of
Manila to the Papal Nuncio which represented the Holy See who exercises
sovereignty over the Vatican City, Rome Italy for his residence.
The said lots were sold to Ramon Licup who assigned his rights to respondents
Starbright Sales, Inc.
When the squatters refused to vacate the lots, a dispute arose between these
two parties because both were unsure as to whose responsibility was it to evict
the squatters from the said lots. Respondent Starbright insists that the Holy See
should clear the property while Holy See says that Starbright should do it or the
earnest money will be returned.
Since Starbright refused to clear the property, Msgr. Cirilios, the agent, returned
P100k earnest money. The same lots were sold to Tropicana Properties.
Starbright filed a suit for annulment of sale, specific performance and damages
against Msgr. Cirilios, Philippine Realty Corporation and Tropicana.
The Holy See moved to dismiss the petition for lack of jurisdiction based on
sovereign immunity of suit. The RTC denied the motion on the ground that the
petitioner already shed off its sovereign immunity by entering into a business
contract.
On December 9, 1991, a Motion for Intervention was filed before the SC by the
DFA, claiming that it has a legal interest in the outcome of the case as regards
the diplomatic immunity of petitioner.
Held: YES. The Court held that the Holy See may properly invoke sovereign
immunity for its non-suability. In Article 31 (A) of the 1961 Vienna Convention on
Diplomatic Relations, diplomatic envoy (a representative government who is sent
on a special diplomatic mission) shall be granted immunity from civil and
administrative jurisdiction of the receiving state over any real action relating to
private immovable property.
The decision to transfer the property and the subsequent disposal thereof are
likewise clothed with a governmental character. Petitioner did not sell Lot 5-A for
profit or gain. It merely wanted to dispose off the same because the squatters
living thereon made it almost impossible for petitioner to use it for the purpose of
the donation. The fact that squatters have occupied and are still occupying the
lot, and that they stubbornly refuse to leave the premises, has been admitted by
private respondent in its complaint
Furthermore, the DFA certified that the Embassy of the Holy See is a duly
accredited diplomatic missionary to the Republic of the Philippines and is thus
exempted from local jurisdiction and is entitled to immunity rights of a diplomatic
mission or embassy in this Court.
US V. RUIZ
Facts:
This is a petition to review, set aside certain orders and restrain perpetually the
proceedings done by Hon. Ruiz for lack of jurisdiction on the part of the trial
court.
The United States of America had a naval base in Subic, Zambales. The base
was one of those provided in the Military Bases Agreement between the
Philippines and the United States. Sometime in May, 1972, the United States
invited the submission of bids for a couple of repair projects. Eligio de Guzman
land Co., Inc. responded to the invitation and submitted bids. Subsequent
thereto, the company received from the US two telegrams requesting it to confirm
its price proposals and for the name of its bonding company. The company
construed this as an acceptance of its offer so they complied with the requests.
The company received a letter which was signed by William I. Collins of
Department of the Navy of the United States, also one of the petitioners herein
informing that the company did not qualify to receive an award for the projects
because of its previous unsatisfactory performance rating in repairs, and that the
projects were awarded to third parties. For this reason, a suit for specific
performance was filed by him against the US.
Issues: W/N the US naval base in bidding for said contracts exercise
governmental functions to be able to invoke state immunity.
Rulings: Yes. The Supreme Court held that the contract relates to the exercise of
its sovereign functions. In this case the projects are an integral part of the naval
base which is devoted to the defense of both the United States and the
Philippines, indisputably a function of the government of the highest order, they
are not utilized for nor dedicated to commercial or business purposes.
The restrictive application of State immunity is proper only when the proceedings
arise out of commercial transactions of the foreign sovereign, its commercial
activities or economic affairs. Stated differently, a State may be said to have
descended to the level of an individual and can thus be deemed to have tacitly
given its consent to be sued only when it enters into business contracts. It does
not apply where the contract relates to the exercise of its sovereign functions.
USA V. GUINTO
Facts:
The case involves the doctrine of state immunity. The United States of America
was not impleaded in the case at bar but has moved to dismiss on the ground
that they are in effect suits against it to which it has not consented.
The private respondents are suing several officers of the US Air Force in Clark
Air Base in connection with the bidding conducted by them for contracts for
barber services in the said base. Among those who submitted their bids were
private respondents Roberto T. Valencia, Emerenciana C. Tanglao, and Pablo C.
del Pilar.
The Bidding was won by Ramon Dizon over the objection of the private
respondents who claimed that he had made a bid for 4 facilities, including the
Civil Engineering Area which was not included in the invitation to bid.
The private respondents filed a complaint in the court below to compel Philippine
Area Exchange (PHAX) and the individual petitioners to cancel the award to
Dizon, to conduct a rebidding for the barbershop concessions and to allow the
private respondents by a writ of preliminary injunction to continue operating the
concessions pending litigation.
The petitioners filed a motion to dismiss and opposition to the petition for
preliminary injunction on the ground that the action was in effect a suit against
USA which had not waived its non-suability, but trial court denied the application
for a writ of preliminary injunction.
Issues:
1. Whether or not the action was in effect a suit against United States of
America.
2. Whether or not the petitioners were immune from suit under the RP-US
Bases Treaty for acts done by them in the performance of their official duties.
Discussions:
The rule that a state may not be sued without its consent, is one of the generally
accepted principles of international law that we have adopted as part of the law
of our land.
Even without such affirmation, we would still be bound by the generally accepted
principles of international law under the doctrine of incorporation. Under this
doctrine, as accepted by the majority of states, such principles are deemed
incorporated in the law of every civilized state as a condition and consequence of
its membership in the society of nations. Upon its admission to such society, the
state is automatically obligated to comply with these principles in its relations with
other states.
While the doctrine appears to prohibit only suits against the state without its
consent, it is also applicable to complaints filed against officials of the states for
acts allegedly performed by them in the discharge of their duties. The rule is that
if the judgment against such officials will require the state itself to perform an
affirmative act to satisfy the same, the suit must be regarded as against the state
although it has not been formally impleaded. When the government enters into a
contract, it is deemed to have descended to the level of the other contracting
party and divested of its sovereign immunity from suit with its implied consent.
Rulings:
1. The court finds the barbershops subject to the concessions granted by the
US government to be commercial enterprises operated by private persons.
They are not agencies of the United States Armed Forces nor are their
facilities demandable as a matter of right by the American servicemen. These
establishments provide for the grooming needs of their customers. This being
the case, the petitioners cannot plead any immunity from the complaint filed
by the private respondents in the court below.
2. Petitioners states they have acted in the discharge of their official functions as
officers or agents of the United States. They are sought to be held
answerable for personal torts in which the United States itself is not involved.
If found liable, they and they alone must satisfy the judgment.
The Court would have directly resolved the claims against the defendants, except
for the paucity of the record in the case at hand. The evidence of the alleged
irregularity in the grant of the barbershop concessions is not before the Court.
The respondent court will have to receive that evidence first, so it can later
determine on the basis thereof if the plaintiffs are entitled to the relief they seek.
Accordingly, this case must also be remanded to the court below for further
proceedings.
TORIO V. FONTANILLA
FACTS:
On October 21, 1978, the Municipal Council of Malasiqui, Pangasinan passed
Resolution No. 156 whereby it resolved to manage the 1959 Malasiqui town
fiesta celebration on January 21, 22, and 23, 1959. Resolution No. 182 was also
passed creating the town fiesta committee with Jose Macaraeg as Chairman.
The amount of P100.00 was also appropriated for the construction of two stages,
one for the zarzuela and the other for the cancionan. On January 22, while in the
midst of the zarzuela, the stage collapsed, pinning Vicente Fontanilla who died
thereafter. The heirs of Fontanilla filed a petition for recovery of damages.
Defendant councilors contend that they are merely acting as agents of the
municipality.
1. ISSUE:
Is the celebration of a town fiesta authorized by a municipal council a
governmental or a corporate function of the municipality?
HELD:
The holding of the town fiesta in 1959 by the municipality was an exercise of a
private or proprietary function of the municipality. The provision on Section 2282
of the Revised Administrative Code simply gives authority to the municipality to
celebrate a yearly fiesta but it does not impose upon it a duty to observe one. It
follows that under the doctrine of respondent-superior, the municipality is held
liable for damages for the death of Fontanilla. Since it is established that the
municipality was acting a proprietary function, it follows that it stands on the
same footing as an ordinary private corporation where officers are not held liable
for the negligence of the corporation merely because of their official relation to it.
Thus, the municipal councilors are absolved from any criminal liability for they did
not directly participate in the defective construction of the stage.
b. waiver of immunity
Express consent; general or special law
MERRITT V. GOVT OF PH
FACTS: Merrit was riding a motorcycle along Padre Faura Street when he was
bumped by the ambulance of the General Hospital. Merrit sustained severe
injuries rendering him unable to return to work. The legislature later enacted Act
2457 authorizing Merritt to file a suit against the Government in order to fix the
responsibility for the collision between his motorcycle and the ambulance of the
General Hospital, and to determine the amount of the damages, if any, to which
he is entitled. After trial, the lower court held that the collision was due to the
negligence of the driver of the ambulance. It then determined the amount of
damages and ordered the government to pay the same.
ISSUES:
1. Did the Government, in enacting the Act 2457, simply waive its immunity from
suit or did it also concede its liability to the plaintiff?
2. Is the Government liable for the negligent act of the driver of the ambulance?
HELD:
1. By consenting to be sued a state simply waives its immunity from suit. It does
not thereby concede its liability to plaintiff, or create any cause of action in his
favor, or extend its liability to any cause not previously recognized. It merely
gives a remedy to enforce a preexisting liability and submits itself to the
jurisdiction of the court, subject to its right to interpose any lawful defense.
2. Under the Civil Code, the state is liable when it acts through a special agent,
but not when the damage should have been caused by the official to whom
properly it pertained to do the act performed. A special agent is one who receives
a definite and fixed order or commission, foreign to the exercise of the duties of
his office if he is a special official. This concept does not apply to any executive
agent who is an employee of the acting administration and who on his own
responsibility performs the functions which are inherent in and naturally pertain to
his office and which are regulated by law and the regulations. The driver of the
ambulance of the General Hospital was not a special agent; thus the
Government is not liable.
NOTE:
■ The State is responsible in like manner when it acts through a special agent;
but not when the damage has been caused by the official to whom the task done
properly pertains. (Art. 2180 par. 6, Civil Code)
■ The state is not responsible for the damages suffered by private individuals in
consequence of acts performed by its employees in the discharge of the
functions pertaining to their office, because neither fault nor even negligence can
be presumed on the part of the state in the organization of branches of public
service and in the appointment of its agents.
■ The State is not liable for the torts committed by its officers or agents whom it
employs, except when expressly made so by legislative enactment. The
government does not undertake to guarantee to any person the fidelity of the
officers or agents whom it employs since that would involve it in all its operations
in endless embarrassments, difficulties and losses, which would be subversive of
the public interest.
REPUBLIC VS PURISIMA
Facts:
A MTD was filed on September 7, 1972 by defendant Rice and Corn
Administration in a pending civil suit in the sala of respondent Judge for
the collection of a money claim arising from an alleged breach of contract, the
plaintiff being private respondent Yellow Ball Freight Lines, Inc.
***The consent, to be effective, must come from the State acting through a duly
enacted statute as pointed out by Justice Bengzon in Mobil. Thus, whatever
counsel for defendant Rice and Corn Administration agreed to had no binding
force on the government
USA VS GUINTO(SUPRA)
These are cases that have been consolidated because they all involve the
doctrine of state immunity. The United States of America was not impleaded in
the case at bar but has moved to dismiss on the ground that they are in effect
suits against it to which it has not consented.
FACTS:
ISSUE:
Whether or not the defendants were immune from suit under the RP-US
Bases Treaty for acts done by them in the performance of their official duties.
RULING:
The rule that a State may not be sued without its consent is one of the
generally accepted principles of international law that were have adopted as part
of the law of our land. Even without such affirmation, we would still be bound by
the generally accepted principles of international law under the doctrine of
incorporation. Under this doctrine, as accepted by the majority of the states, such
principles are deemed incorporated in the law of every civilized state as a
condition and consequence of its membership in the society of nations. All states
are sovereign equals and cannot assert jurisdiction over one another. While the
doctrine appears to prohibit only suits against the state without its consent, it is
also applicable to complaints filed against officials of the states for acts allegedly
performed by them in the discharge of their duties. The rule is that if the
judgment against such officials will require the state itself to perform an
affirmative act to satisfy the same, the suit must be regarded as against the state
although it has not been formally impleaded. When the government enters into a
contract, it is deemed to have descended to the level of the other contracting
party and divested of its sovereign immunity from suit with its implied consent.
It bears stressing at this point that the aforesaid principle do not confer on
the USA a blanket immunity for all acts done by it or its agents in the Philippines.
Neither may the other petitioners claim that they are also insulated from suit in
this country merely because they have acted as agents of the United States in
the discharge of their official functions.
There is no question that the USA, like any other state, will be deemed to
have impliedly waived its non-suability if it has entered into a contract in its
proprietary or private capacity (commercial acts/jure gestionis). It is only when
the contract involves its sovereign or governmental capacity (governmental
acts/jure imperii) that no such waiver may be implied.
NOTE:
1. A STATE MAY BE SAID TO HAVE DESCENDED TO THE LEVEL OF AN
INDIVIDUAL AND CAN THUS BE DEEMED TO HAVE TACITLY GIVEN ITS
CONSENT TO BE SUED ONLY WHEN IT ENTERS INTO BUSINESS
CONTRACTS.
2. Jure Gestionis – by right of economic or business relations, may be sued. (US
vs Guinto)
-The Shipping Commission delivered the said vessel to Pan Oriental. Froilan
appealed to the President of the Philippines and in its meeting, Aug 25 1950 - the
Cabinet restored him to all his rights under his original contact with the Shipping
Commission. He demanded from Pan Oriental possession of the vessel but the
latter refused.
-Nov 10, 1951 - The Government of the Republic of the Philippines intervened
alleging that Froilan had failed to pay to the Shipping Commission the balance
due on the purchase price of the vessel in question and that the State was
entitled to the possession of the said vessel under the terms of the original
contract. Therefore, it prayed for Froilan to deliver the vessel to its
representative, the Board of Liquidators in accordance with the revisions of the
Chattel Mortgage Law.
-Nov 29, 1951 - Pan Oriental filed a counterclaim that the Government of the
Republic of the Philippines was obligated to deliver the vessel to it by virtue of a
contract of bareboat charter with option to purchase. It alleged that it had made
the necessary and useful expenses on the vessel and claimed the right to it. It
prayed that if the GRP was successful in obtaining the possession of the said
vessel, it should comply with its obligations of delivering it to Pan O.
-Nov 29, 1951 - Froilan tendered to the Board of Liquidators a check in payment
of his balance/obligation to the Shipping Commission as claimed by the
intervenor GRP.
-Feb 3, 1952 - the lower court held that the payment of Froilan discharged his
obligation to the Government of the Republic of the Philippines therefore the
complaint in intervention has been dismissed
-May 10, 1952 - GRP filed a motion to dismiss the counterclaim of Pan Oriental
Shipping against it on the ground that the purpose of the counterclaim was to
compel the GRP to deliver the vessel to it in the event that the GRP recovers the
vessel from Froilan however since payment has already been made by Froilan,
the counterclaim is no longer feasible.
The immunity of the state from suits does not deprive it of the right to sue private
parties in its own courts. The state as plaintiff may avail itself of the different
forms of actions open to private litigants. In short, by taking the initiative in an
action against a private party, the state surrenders its privileged position and
comes down to the level of the defendant. The latter automatically acquires,
within certain limits, the right to set up whatever claims and other defenses he
might have against the state. The United States Supreme Court thus explains:
"No direct suit can be maintained against the United States. But when an action
is brought by the United States to recover money in the hands of a party who has
a legal claim against them, it would be a very rigid principle to deny to him the
right of setting up such claim in a court of justice, and turn him around to an
application to Congress." (Sinco, Philippine Political Law, Tenth Ed., pp. 36-37,
citing U. S. vs. Ringgold, 8 Pet. 150, 8 L. ed. 899.)
It is however, contended for the intervenor that, if there was at all any waiver, it
was in favor of the plaintiff against whom the complaint in intervention was
directed. This contention is untenable. As already stated, the complaint in
intervention was in a sense in derogation of the defendant's claim over the
possession of the vessel in question.
PNB VS PABALAN
Facts:
The case was filed by petitioner requesting for certiorari against the writ of
execution authorized by the Hon Judge Pabalan regarding the transfer of funds
amounting to P12,724.66 belonging to Philippine Virginia Tobacco Administration
(PVTA).
Issues:
Discussions:
The consent of the state to be sued may be given expressly or impliedly. In this
case, Consent to be sued was given impliedly when the State enters into a
commercial contract. When the State enters into a contract, the State is deemed
to have divested itself of the mantle of sovereign immunity and descended to the
level of the ordinary individual. Hence, Funds of public corporations could
properly be made the object of a notice of garnishment.
Rulings:
1. PVTA is also a public corporation with the same attributes, a similar outcome
is attributed. The government has entered with them into a commercial
business hence it has abandoned its sovereign capacity and has stepped
down to the level of a corporation. Therefore, it is subject to rules governing
ordinary corporations and in effect can be sued. Therefore, the petition of
PNB La Union is denied.
2. The Supreme Court ruled that the funds held by PNB is subject for
garnishment. Funds of public corporations which can sue and be sued are not
exempt from garnishment. Thus, the writ of execution be imposed
immediately.
ARCEGA VS. CA
FACT:
The petitioner Alicia O. Arcega, doing business under the firm name “Fairmont
Ice Cream Company,” filed a complaint before the court against the respondents
Central Bank of the Philippines and Philippine National Bank, for the refund from
allegedly unauthorized payments made by her of the 17% special excise tax on
foreign exchange.
The petitioner appealed, but the court dismissed the complaint on the ground set
forth in the Central Bank’s motion to dismiss.
Holding that the suit is indirectly against the Republic of the Philippines which
cannot be sued without its consent, the CA affirmed the dismissal of the
complaint. Finally the petitioner filed an appeal before the Supreme Court.
Issue: Whether the suit against the Central Bank for refund is a suit against the
State?
Held: It is a suit against the State but under the charter of Central Bank of the
Philippines, is an entity authorized by to sue and be sued. The consent of the
State to thus be sued, therefore, has been given.
This doctrine was reiterated in Philippines Acetylene Co. vs. Central Bank of the
Philippines where it was pointedly stated that "sec. 5 of Republic Act No. 601 (as
amended) directs that refund of taxes be made by the Central Bank."
Petitioners opposed the prayer of the respondents forn dismissal of the case and
contended that the respondent corporation is merely performing a propriety
functions and that under its own organic act, it can sue and be sued in court.
ISSUE: W/N the power of the respondent to sue and be sued under its organic
charter includes the power to be sued for tort.
HELD: YES the power to sued for tort is included. It is sufficient to say that the
government has organized a private corporation, put money in it and has allowed
it to sue and be sued in any court under its charter. (R.A. No. 6395, Sec. 3 (d).)
Moreover, the charter provision that the NPC can "sue and be sued in any court"
is without qualification on the cause of action and accordingly it can include a tort
claim such as the one instituted by the petitioners.
PNR VS IAC
Facts:
The case arose from a collision of a passenger express train of Defendant
Philippine National Railways, (PNR) coming from San Fernando, La union and
bound for Manila and a passenger bus of Baliwag Transit, Inc. which was on its
way to Bulacan, from Manila, but upon reaching the railroad crossing at
Calumpit, Bulacan got stalled and was hit by defendant's express train causing
damages to Plaintiff's bus and its passengers, 18 of whom died and 53 others
suffered physical injuries. Plaintiff alleging that the proximate cause of the
collision was the negligence and imprudence of defendant PNR and its
locomotive engineer, Honorio Cirbado, in operating its passenger train in a busy
intersection without any bars, semaphores, signal lights, flagman or switchman to
warn the public of approaching train that would pass through the crossing, filed
the instant action for damages against defendants. The defendants, in their
answer traversed the material allegation of the complaint and as affirmative
defense alleged that the collision was caused by the negligence, imprudence and
lack of foresight of plaintiff's bus driver, Romeo Hughes.
Issue:
WON PNR being a governmental agency has immunity from suit.
The correct rule is that "not all government entities, whether corporate or non-
corporate, are immune from suits. Immunity from suit is determined by the
character of the objects for which the entity was organized." (Nat. Airports Corp.
vs. Teodoro and Phil. Airlines, Inc., 91 Phil. 203, 206; Santos vs. Santos, 92 Phil.
281, 285; Harry Lyons, Inc. vs. USA, 104 Phil. 593).
Suits against State agencies with respect to matters in which they have assumed
to act in a private or nongovernmental capacity are not suits against the State.
In the instant case, the State divested itself of its sovereign capacity when it
organized the PNR, which is no different from its predecessor, the Manila
Railroad Company. The PNR did not become immune from suit. It did not
remove itself from the operation of Articles 1732 to 1766 of the Civil Code on
common carriers.
Before the abolition, the Philippine Airlines, Inc. paid to the National Airports
Corporation P65,245 as fees for landing and parking for the period up to and
including July 31, 1948. These fees are said to have been due and payable to
the Capitol Subdivision, Inc., who owned the land used by the National Airports
Corporation as airport. The owner commenced an action in the court against the
Philippine Airlines, Inc.
The Philippine Airlines, Inc. countered with a third-party complaint against the
National Airports Corporation, which by that time had been dissolved, and served
summons on the Civil Aeronautics Administration. The third party plaintiff alleged
that it had paid to the National Airports Corporation the fees claimed by the
Capitol Subdivision, Inc. “on the belief and assumption that the third party
defendant was the lessee of the lands subject of the complaint and that the third
party defendant and its predecessors in interest were the operators and
maintainers of said airport and, further, that the third party defendant would pay
to the landowners, particularly the Capitol Subdivision, Inc., the reasonable
rentals for the use of their lands.”
The Solicitor General, after answering the third party complaint, filed a MTD on
the ground that the court lacks jurisdiction to entertain the third- party complaint,
because first, because the National Airports Corporation “has lost its juridical
personality,” and, second, because agency of the Republic of the Philippines,
unincorporated and not possessing juridical personality under the law, is
incapable of suing and being sued
Issues:
W/N Civil Aeronautics Administration is subject to suit.
Held:
Yes. Among the general powers of the Civil Aeronautics Administration are,
under Section 3 of EO 365, to execute contracts of any kind, to purchase
property, and to grant concession rights, and under Section 4, to charge landing
fees, royalties on sales to aircraft of aviation gasoline, accessories and supplies,
and rentals for the use of any property under its management.
These provisions confer upon the Civil Aeronautics Administration, in our opinion,
the power to sue and be sued. The power to sue and be sued is implied from the
power to transact private business. And if it has the power to sue and be sued on
its behalf, the Civil Aeronautics Administration with greater reason should have
the power to prosecute and defend suits for and against the National Airports
Corporation, having acquired all the properties, funds and choses in action and
assumed all the liabilities of the latter. To deny the National Airports
Corporation's creditors access to the courts of justice against the Civil
Aeronautics Administration is to say that the government could impair the
obligation of its corporations by the simple expedient of converting them into
unincorporated agencies.
Any suit, action or proceeding against it, if it were to produce any effect, would
actually be a suit, action or proceeding against the Government itself, and the
rule is settled that the Government cannot be sued without its consent, much less
over its jurisdiction.
The BOC is a part of Department of Finance. It does not have a separate juridical
personality of its own apart from that of the national government. Its primary
function is governmental, that of assessing and collecting lawful revenues from
imported articles and all other tariff and customs duties, fees, charges, fines and
penalties (Sec. 602, R.A. 1937). To this function, arrastre service is a necessary
incident. As stated in the law, agencies of the government is not suable if it is
performing governmental functions and if it an unincorporated government entity
without a separate juridical personality.
e. Immunity not an instrument to perpetrate injustice
SANTIAGO VS RP
FACTS:
In January 1971, Ildefonso Santiago gratuitously donated a parcel of land to the
Bureau of Plant Industry. The terms of the donation are; that the Bureau should
construct a building on the said lot and that the building should be finished by
December 7, 1974, that the Bureau should install lighting facilities on the said lot.
However, come 1976 there were still no improvements on the lot. This prompted
Santiago to file a case pleading for the revocation of such contract of donation.
The trial court dismissed the petition claiming that it is a suit against the
government and should not prosper without the consent of the government.
ISSUE: Whether or not the state has not waived its immunity from suit.
HELD: No. The government has waived its immunity and such waiver is implied
by virtue of the terms provided in the deed of donation. The government is a
beneficiary of the terms of the donation. But the government through the Bureau
of Plant Industry has breached the terms of the deed by not complying with such,
therefore, the donor Santiago has the right to have his day in court and be heard.
Further, to not allow the donor to be heard would be unethical and contrary to
equity which the government so advances. Case should prosper.
AMIGABLE V. CUENCA
FACTS:
Victoria Amigable is the is the registered owner of a lot which, without prior
expropriation proceedings or negotiated sale, was used by the government.
Amigable's counsel wrote the President of the Philippines requesting payment of
the portion of her lot which had been expropriated by the government.
The defendant said that the case was premature, barred by prescription, and the
government did not give its consent to be sued.
HELD: Where the government takes away property from a private landowner for
public use without going through the legal process of expropriation or negotiated
sale, the aggrieved party may properly maintain a suit against the government
without violating the doctrine of governmental immunity from suit.
The doctrine of immunity from suit cannot serve as an instrument for perpetrating
an injustice to a citizen. The only relief available is for the government to make
due compensation which it could and should have done years ago. To determine
just compensation of the land, the basis should be the price or value at the time
of the taking.
A. Political Law; Definition
PP V. PERFECTO
FACTS:
ISSUEs:
o Whether or not article 256 of the Spanish Penal Code was abrogated
with the change from Spanish to American sovereignty
o Whether or not Perfecto is guilty of libel
HELD:
DECISION:
To summarize, the result is, that all the members of the court are of
the opinion, although for different reasons, that the judgment should
be reversed and the defendant and appellant acquitted, with costs de
officio. So ordered.
ISSUE
1. Whether or not Judge Asuncion violated Art 1491 (5) of the Civil
Code in acquiring by purchase a portion of Lot 1184-E, which was
among those properties involved in the partition case.
1. NO. Although Art 1491 (5) of the Civil Code prohibits justices,
judges among others from acquiring by purchase the property
and rights in litigation or levied upon an execution before the
court, the SC has ruled, however, that for the prohibition to
operate, the sale or assignment of the property must take place
during the pendency of the litigation involving the property. In
this case, when Judge Asuncion purchased a portion of Lot
1184-E, the decision in the partition case was already final
because none of the parties filed an appeal within the
reglementary period. Thus, the lot in question was no longer
subject of the litigation. Moreover, Judge Asuncion did NOT buy
the lot directly from the plaintiffs in the partition case but from
Dr. Galapon, who earlier purchased the lot from the plaintiffs.
The subsequent sale from Dr. Galapon to Judge Asuncion is
NOT a scheme to conceal the illegal and unethical transfer of
said lot as a consideration for the approval of the project of
partition. As pointed out by the Investigating Justice, there is no
evidence in the record showing that Dr. Galapon acted as a
mere dummy of Judge Asuncion. In fact, Dr. Galapon appeared
to be a respectable citizen, credible and sincere,
having bought the subject lot in good faith and for valuable
consideration, without any intervention of Judge Asuncion.
Although Judge Asuncion did NOT violate Art 1491 (5) of the
Civil Code, it was IMPROPER for him to have acquired the lot
in question. Canon 3 of the Canons of Judicial Ethics requires
that judges’ official conduct should be free from the appearance
of impropriety. It was unwise and indiscreet on the part of
Judge Asuncion to have purchased the property that was or
had been in litigation in his court and caused it to be transferred
to a corporation of which he and his wife were ranking officers
at the time of such transfer. His actuations must not cause
doubt and mistrust in the uprightness of his administration of
justice.
MUTUC V. COMELEC
FACTS:
Petitioner Mutuc was a candidate for delegate to the Constitutional
Convention. He filed a special civil action against the respondent
COMELEC when the latter informed him through a telegram that his
certificate of candidacy was given due course but he was prohibited
from using jingles in his mobile units equipped with sound systems
and loud speakers. The petitioner accorded the order to be violative
of his constitutional right to freedom of speech. COMELEC justified its
prohibition on the premise that the Constitutional Convention act
provided that it is unlawful for the candidates “to purchase, produce,
request or distribute sample ballots, or electoral propaganda gadgets
such as pens, lighters, fans (of whatever nature), flashlights, athletic
goods or materials, wallets, bandanas, shirts, hats, matches,
cigarettes, and the like, whether of domestic or foreign origin.”
COMELEC contended that the jingle or the recorded or taped voice of
the singer used by petitioner was a tangible propaganda material and
was, under the above statute, subject to confiscation.
ISSUE:
Whether or not the usage of the jingle by the petitioner form part of
the prohibition invoked by the COMELEC.
HELD:
The Court held that “the general words following any enumeration
being applicable only to things of the same kind or class as those
specifically referred to”. The COMELEC’s contention that a
candidate’s jingle form part of the prohibition, categorized under the
phrase “and the like”, could not merit the court’s approval by principle
of Ejusdem Generis. It is quite apparent that what was contemplated
in the Act was the distribution of gadgets of the kind referred to as a
means of inducement to obtain a favorable vote for the candidate
responsible for its distribution.
Facts:
The controversy arose when respondent Government Service
Insurance System (GSIS), pursuant to the privatization program of
the Philippine Government, decided to sell through public bidding
30% to 51% of the issued and outstanding shares of respondent
Manila Hotel Corporation (MHC). The winning bidder, or the eventual
“strategic partner,” will provide management expertise or an
international marketing/reservation system, and financial support to
strengthen the profitability and performance of the Manila Hotel.
In a close bidding held on 18 September 1995 only two (2) bidders
participated: petitioner Manila Prince Hotel Corporation, a Filipino
corporation, which offered to buy 51% of the MHC or 15,300,000
shares at P41.58 per share, and Renong Berhad, a Malaysian firm,
with ITT-Sheraton as its hotel operator, which bid for the same
number of shares at P44.00 per share, or P2.42 more than the bid of
petitioner. Prior to the declaration of Renong Berhard as the winning
bidder, petitioner Manila Prince Hotel matched the bid price and sent
a manager’s check as bid security, which GSIS refused to accept.
Apprehensive that GSIS has disregarded the tender of the matching
bid and that the sale may be consummated with Renong Berhad,
petitioner filed a petition before the Court.
Issues:
1. Whether or not Sec. 10, second par., Art. XII, of the 1987
Constitution is a self-executing provision.
2. Whether or not the Manila Hotel forms part of the national
patrimony.
3. Whether or not the submission of matching bid is premature
4. Whether or not there was grave abuse of discretion on the part of
the respondents in refusing the matching bid of the petitioner.
Rulings:
In the resolution of the case, the Court held that:
1. It is a self-executing provision.
1. Since the Constitution is the fundamental, paramount and
supreme law of the nation, it is deemed written in every statute
and contract. A provision which lays down a general principle,
such as those found in Art. II of the 1987 Constitution, is
usually not self-executing. But a provision which is complete in
itself and becomes operative without the aid of supplementary
or enabling legislation, or that which supplies sufficient rule by
means of which the right it grants may be enjoyed or protected,
is self-executing.
2. A constitutional provision is self-executing if the nature and
extent of the right conferred and the liability imposed are fixed
by the constitution itself, so that they can be determined by an
examination and construction of its terms, and there is no
language indicating that the subject is referred to the legislature
for action. Unless it is expressly provided that a legislative act
is necessary to enforce a constitutional mandate, the
presumption now is that all provisions of the constitution are
self-executing. If the constitutional provisions are treated as
requiring legislation instead of self-executing, the legislature
would have the power to ignore and practically nullify the
mandate of the fundamental law.
3. 10, second par., Art. XII of the 1987 Constitution is a
mandatory, positive command which is complete in itself and
which needs no further guidelines or implementing laws or
rules for its enforcement. From its very words the provision
does not require any legislation to put it in operation. It is per
se judicially enforceable. When our Constitution mandates that
in the grant of rights, privileges, and concessions covering
national economy and patrimony, the State shall give
preference to qualified Filipinos, it means just that – qualified
Filipinos shall be preferred. And when our Constitution declares
that a right exists in certain specified circumstances an action
may be maintained to enforce such right notwithstanding the
absence of any legislation on the subject; consequently, if there
is no statute especially enacted to enforce such constitutional
right, such right enforces itself by its own inherent potency and
puissance, and from which all legislations must take their
bearings. Where there is a right there is a remedy. Ubi jus ibi
remedium.
2. The Court agree.
1. In its plain and ordinary meaning, the term patrimony pertains
to heritage. When the Constitution speaks of national
patrimony, it refers not only to the natural resources of the
Philippines, as the Constitution could have very well used the
term natural resources, but also to the cultural heritage of the
Filipinos.
2. It also refers to Filipino’s intelligence in arts, sciences and
letters. In the present case, Manila Hotel has become a
landmark, a living testimonial of Philippine heritage. While it
was restrictively an American hotel when it first opened in
1912, a concourse for the elite, it has since then become the
venue of various significant events which have shaped
Philippine history.
3. Verily, Manila Hotel has become part of our national economy
and patrimony. For sure, 51% of the equity of the MHC comes
within the purview of the constitutional shelter for it comprises
the majority and controlling stock, so that anyone who acquires
or owns the 51% will have actual control and management of
the hotel. In this instance, 51% of the MHC cannot be
disassociated from the hotel and the land on which the hotel
edifice stands.
3. It is not premature.
1. In the instant case, where a foreign firm submits the highest bid
in a public bidding concerning the grant of rights, privileges and
concessions covering the national economy and patrimony,
thereby exceeding the bid of a Filipino, there is no question that
the Filipino will have to be allowed to match the bid of the
foreign entity. And if the Filipino matches the bid of a foreign
firm the award should go to the Filipino. It must be so if the
Court is to give life and meaning to the Filipino First Policy
provision of the 1987 Constitution. For, while this may neither
be expressly stated nor contemplated in the bidding rules, the
constitutional fiat is omnipresent to be simply disregarded. To
ignore it would be to sanction a perilous skirting of the basic
law.
2. The Court does not discount the apprehension that this policy
may discourage foreign investors. But the Constitution and
laws of the Philippines are understood to be always open to
public scrutiny. These are given factors which investors must
consider when venturing into business in a foreign jurisdiction.
Any person therefore desiring to do business in the Philippines
or with any of its agencies or instrumentalities is presumed to
know his rights and obligations under the Constitution and the
laws of the forum.
4. There was grave abuse of discretion.
1. To insist on selling the Manila Hotel to foreigners when there is
a Filipino group willing to match the bid of the foreign group is
to insist that government be treated as any other ordinary
market player, and bound by its mistakes or gross errors of
judgement, regardless of the consequences to the Filipino
people. The miscomprehension of the Constitution is
regrettable. Thus, the Court would rather remedy the
indiscretion while there is still an opportunity to do so than let
the government develop the habit of forgetting that the
Constitution lays down the basic conditions and parameters for
its actions.
2. Since petitioner has already matched the bid price tendered by
Renong Berhad pursuant to the bidding rules, respondent GSIS
is left with no alternative but to award to petitioner the block of
shares of MHC and to execute the necessary agreements and
documents to effect the sale in accordance not only with the
bidding guidelines and procedures but with the Constitution as
well. The refusal of respondent GSIS to execute the
corresponding documents with petitioner as provided in the
bidding rules after the latter has matched the bid of the
Malaysian firm clearly constitutes grave abuse of discretion.
Held:
The Court finds the present petition to be without merit.
The Preamble
AGLIPAY VS RUIZ
Facts: Petitioner seeks the issuance of a writ of prohibition against
respondent Director of Posts from issuing and selling postage stamps
commemorative of the 33rd International Eucharistic Congress.
Petitioner contends that such act is a violation of the Constitutional
provision stating that no public funds shall be appropriated or used in
the benefit of any church, system of religion, etc. This provision is a
result of the principle of the separation of church and state, for the
purpose of avoiding the occasion wherein the state will use the
church, or vice versa, as a weapon to further their ends and aims.
Respondent contends that such issuance is in accordance to Act No.
4052, providing for the appropriation funds to respondent for the
production and issuance of postage stamps as would be
advantageous to the government.
Issues:
Whether or not National Coconut Corporation (NACOCO), which
performs certain functions of government, make them a part of the
Government of the Philippines.
Discussions:
NACOCO is not considered a government entity and is not exempted
from paying the stenographers’ fees under Rule 130 of the Rules of
Court.
FACTS:
ACCFA was a government agency created under RA No. 821, as
amended. Its administrative machinery was reorganized and its
named changed to Agricultural Credit Administration under the Land
Reform Code or RA 3844. ACCFA Supervisors' Association and the
ACCFA Workers' Association were referred to as Union in the
ACCFA.
Held: yes
Ratio:
It was in furtherance of such policy that the Land Reform Code was
enacted and the various agencies, the ACA among them, established
to carry out its purposes. There can be no dispute as to the fact that
the land reform program contemplated in the said Code is beyond the
capabilities of any private enterprise to translate into reality. It is a
purely governmental function, no less than, the establishment and
maintenance of public schools and public hospitals. And when, aside
from the governmental objectives of the ACA, geared as they are to
the implementation of the land reform program of the State, the law
itself declares that the ACA is a government office, with the
formulation of policies, plans and programs vested no longer in a
Board of Governors, as in the case of the ACCFA, but in the National
Land Reform Council, itself a government instrumentality; and that its
personnel are subject to Civil Service laws and to rules of
standardization with respect to positions and salaries, any vestige of
doubt as to the governmental character of its functions disappears.
PVTA VS CIR
Facts:
This case involves the expanded role of the
government necessitated by the increased responsibility to
provide for the general welfare.
1. In 1966 private respondents filed a petition
seeking relief for their alleged overtime services and the
petitioner’s failure to pay for said compensation in accordance
with CA No. 444.
2. Petitioner denied the allegations for lack of a cause of
cause of action and lack of
jurisdiction. Judge Martinez issued an order, directing
petitioner to pay. Hence, this petition for certiorari on grounds
that the corporation is exercising governmental functions and is
therefore exempt from Commonwealth Act No. 444.
3. PVTA contended it is beyond the jurisdiction of
respondent Court as it is exercising governmental functions and
that it is exempt from the operation of Commonwealth Act No.
444.
The contention of petitioner that the Labor Code does not apply to
them deserve scant consideration. There is no question based on RA
4155, that petitioner is a governmental agency. As such, the
petitioner can rightfully invoke the doctrine announced in the leading
ACCFA case. The objection of private respondents with its overtones
of the distinction between constituent and ministrant functions of
governments as set forth in Bacani v. Nacoco, is futile. It does not
necessarily follow, that just because petitioner is engaged in
governmental rather than proprietary functions, that the labor
controversy was beyond the jurisdiction of the now defunct
respondent Court. Nor is the objection raised that petitioner does not
come within the coverage of the Eight-Hour Labor Law persuasive.
3. parens patriae
CABANAS VS PILAPIL
Florentino Pilapil insured himself and he indicated in his insurance
plan that his child will be his beneficiary. He also indicated that if
upon his death the child is still a minor; the proceeds of his benefits
shall be administered by his brother, Francisco Pilapil. The child was
only ten years of age when Florentino died and so Francisco then
took charge of Florentino’s insurance proceeds for the benefit of the
child.
On the other hand, the mother of the child Melchora Cabanas filed a
complaint seeking the delivery of the insurance proceeds in favor and
for her to be declared as the child’s trustee. Francisco asserted the
terms of the insurance policy and that as a private contract its terms
and obligations must be binding only to the parties and intended
beneficiaries.
ISSUE: Whether or not the state may interfere by virtue of “parens
patriae” to the terms of the insurance policy.
HELD: Yes. The Constitution provides for the strengthening of the
family as the basic social unit, and that whenever any member
thereof such as in the case at bar would be prejudiced and his
interest be affected then the judiciary if a litigation has been filed
should resolve that case according to the best interest of that person.
The uncle here should not be the trustee, it should be the mother as
she was the immediate relative of the minor child and it is assumed
that the mother shall show more care towards the child than the uncle
will. The application of parens patriae here is in consonance with this
country’s tradition of favoring conflicts in favor of the family hence
preference to the parent (mother) is observed.
Rulings:
1. The judicial acts and proceedings of the court were good and
valid. The governments by the Philippine Executive Commission
and the Republic of the Philippines during the Japanese military
occupation being de facto governments, it necessarily follows that
the judicial acts and proceedings of the court of justice of those
governments, which are not of a political complexion, were good
and valid. Those not only judicial but also legislative acts of de
facto government, which are not of a political complexion,
remained good and valid after the liberation or reoccupation of the
Philippines by the American and Filipino forces under the
leadership of General Douglas MacArthur.
2. The phrase “processes of any other government” is broad and
may refer not only to the judicial processes, but also to
administrative or legislative, as well as constitutional, processes of
the Republic of the Philippines or other governmental agencies
established in the Islands during the Japanese occupation. Taking
into consideration the fact that, as above indicated, according to
the well-known principles of international law all judgments and
judicial proceedings, which are not of a political complexion, of
the de facto governments during the Japanese military occupation
were good and valid before and remained so after the occupied
territory had come again into the power of the titular sovereign, it
should be presumed that it was not, and could not have been, the
intention of General Douglas MacArthur, in using the phrase
“processes of any other government” in said proclamation, to refer
to judicial processes, in violation of said principles of international
law.
3. Although in theory the authority of the local civil and judicial
administration is suspended as a matter of course as soon as
military occupation takes place, in practice the invader does not
usually take the administration of justice into his own hands, but
continues the ordinary courts or tribunals to administer the laws of
the country which he is enjoined, unless absolutely prevented, to
respect. An Executive Order of President McKinley to the
Secretary of War states that “in practice, they (the municipal laws)
are not usually abrogated but are allowed to remain in force and to
be administered by the ordinary tribunals substantially as they
were before the occupation. This enlightened practice is, so far as
possible, to be adhered to on the present occasion.” And Taylor in
this connection says: “From a theoretical point of view it may be
said that the conqueror is armed with the right to substitute his
arbitrary will for all pre-existing forms of government, legislative,
executive and judicial. From the stand-point of actual practice such
arbitrary will is restrained by the provision of the law of nations
which compels the conqueror to continue local laws and institution
so far as military necessity will permit.” Undoubtedly, this practice
has been adopted in order that the ordinary pursuits and business
of society may not be unnecessarily deranged, inasmuch as
belligerent occupation is essentially provisional, and the
government established by the occupant of transient character.
FACTS:
William Peralta was prosecuted for the crime of robbery and was
sentenced to life imprisonment as defined and penalized by Act No.
65 of the National Assembly of the Republic of the Philippines. The
petition for habeas corpus is based on the contention that the Court
of Special and Exclusive Criminal Jurisdiction created by Ordinance
No. 7 was a political instrumentality of the military forces of Japan
and which is repugnant to the aims of the Commonwealth of the
Philippines for it does not afford fair trial and impairs the constitutional
rights of the accused.
ISSUE:
Whether the creation of court by Ordinance No. 7 is constitutional.
HELD:
Yes, it is constitutional. There is no room for doubt to the validity of
Ordinance No. 7 since the criminal jurisdiction established by the
invader is drawn entirely from the law martial as defined in the
usages of nations. It is merely a governmental agency. The sentence
rendered, likewise, is good and valid since it was within the power
and competence of the belligerent occupant to promulgate Act No.
65. All judgments of political complexion of the courts during
Japanese regime ceased to be valid upon reoccupation of the
Islands, as such, the sentence which convicted the petitioner of a
crime of a political complexion must be considered as having ceased
to be valid.
ISSUE:
Is the judgment of Court of Appeals good and valid?
HELD:
The court held that the sentence served by Alcantara is a criminal act
that has no political complexion.
A punitive or penal sentence becomes that of political complexion
when it penalizes either a new act not defined in the municipal law or
acts already penalized by the latter as a crime against the legitimate
government, but taken out of the territorial law and penalized as a
new offense committed against the belligerent occupant.
It cited the case of co kim chan, where the Japanese republic and the
Phil Executive Commission were governments de facto and the
judicial acts of the courts were thereof good and valid and remained
as such after the Commonwealth Government was restored those
crimes with political complexion (political crimes).
Also there was no substantial change in the jurisdiction and structure
of CA when the Japanese-initiated Republic abolished the pre-WW2
CA and reorganized it into several courts.
5. sovereignty
a) Legal
b) Political
c) Internal
d) External
“sovereign as auto-limitation”
TANADA VS ANGARA
Facts:
This is a case petition by Sen. Wigberto Tanada, together with other
lawmakers, taxpayers, and various NGO’s to nullify the Philippine
ratification of the World Trade Organization (WTO) Agreement.
Issues:
Discussions:
Rulings:
B. section 2, Art II
1. the incorporation clause and doc of incorporation
KURODA VS JALANDONI
. THE FACTS
[The Court DENIED the petition and upheld the validity and
constitutionality of E.O. No. 68.]
ICHONG VS HERNANDEZ
Facts:
Driven by aspirations for economic independence and national
security, the Congress enacted Act No. 1180 entitled “An Act to
Regulate the Retail Business.” The main provisions of the Act, among
others, are:
(1) Prohibition against persons, not citizens of the Philippines, and
against associations, among others, from engaging directly or
indirectly in the retail trade; and
(2) Prohibition against the establishment or opening by aliens actually
engaged in the retail business of additional stores or branches of
retail business.
Issue/s:
Whether or not a law may invalidate or supersede treaties or
generally accepted principles.
Discussions:
A generally accepted principle of international law, should be
observed by us in good faith. If a treaty would be in conflict with a
statute then the statute must be upheld because it represented an
exercise of the police power which, being inherent could not be
bargained away or surrendered through the medium of a treaty.
Ruling/s:
Yes, a law may supersede a treaty or a generally accepted principle.
In this case, the Supreme Court saw no conflict between the raised
generally accepted principle and with RA 1180. The equal protection
of the law clause “does not demand absolute equality amongst
residents; it merely requires that all persons shall be treated alike,
under like circumstances and conditions both as to privileges
conferred and liabilities enforced”; and, that the equal protection
clause “is not infringed by legislation which applies only to those
persons falling within a specified class, if it applies alike to all persons
within such class, and reasonable grounds exist for making a
distinction between those who fall within such class and those who do
not.”
GONZALES VS HECHANOVA
Treaty vs Executive Agreements – Statutes Can Repeal Executive Agreements
During the term of President Diosdado Macapagal, he entered into
two executive agreements with Vietnam and Burma for the
importation of rice without complying with the requisite of securing a
certification from the National Economic Council showing that there is
a shortage in cereals or rice. Hence, the then Executive Secretary,
Rufino Hechanova, authorized the importation of 67,000 tons of rice
from abroad to the detriment of our local planters. Ramon Gonzales,
then president of the Iloilo Palay and Corn Planters Association
assailed the executive agreements. Gonzales averred that
Hechanova is without jurisdiction or in excess of jurisdiction”,
because Republic Act 3452 prohibits the importation of rice and corn
by “the Rice and Corn Administration or any other government
agency.
ISSUE: Whether or not RA 3452 prevails over the 2 executive
agreements entered into by Macapagal.
HELD: Yes. Under the Constitution, the main function of the
Executive is to enforce laws enacted by Congress. The former may
not interfere in the performance of the legislative powers of the latter,
except in the exercise of his veto power. He may not defeat
legislative enactments that have acquired the status of laws, by
indirectly repealing the same through an executive agreement
providing for the performance of the very act prohibited by said laws.
In the event of conflict between a treaty and a statute, the one which
is latest in point of time shall prevail, is not applicable to the case at
bar, Hechanova not only admits, but, also, insists that the contracts
adverted to are not treaties. No such justification can be given as
regards executive agreements not authorized by previous legislation,
without completely upsetting the principle of separation of powers and
the system of checks and balances which are fundamental in our
constitutional set up.
As regards the question whether an executive or an international
agreement may be invalidated by our courts, suffice it to say that the
Constitution of the Philippines has clearly settled it in the affirmative,
by providing that the SC may not be deprived “of its jurisdiction to
review, revise, reverse, modify, or affirm on appeal, certiorari, or writ
of error, as the law or the rules of court may provide, final judgments
and decrees of inferior courts in “All cases in which the
constitutionality or validity of any treaty, law, ordinance, or executive
order or regulation is in question”. In other words, our Constitution
authorizes the nullification of a treaty, not only when it conflicts with
the fundamental law, but, also, when it runs counter to an act of
Congress.
REYES VS BAGATSING
Freedom of Speech – Primacy of the Constitution over International Law
Retired Justice JBL Reyes in behalf of the members of the Anti-
Bases Coalition sought a permit to rally from Luneta Park until the
front gate of the US embassy which is less than two blocks apart. The
permit has been denied by then Manila mayor Ramon Bagatsing. The
mayor claimed that there have been intelligence reports that indicated
that the rally would be infiltrated by lawless elements. He also issued
City Ordinance No. 7295 to prohibit the staging of rallies within the
500 feet radius of the US embassy. Bagatsing pointed out that it was
his intention to provide protection to the US embassy from such
lawless elements in pursuant to Art. 22 of the Vienna Convention on
Diplomatic Relations. And that under our constitution we “adhere to
generally accepted principles of international law”.
ISSUE: Whether or not a treaty may supersede provisions of the
Constitution. Whether or not the rallyists should be granted the
permit.
HELD:
I. No. Indeed, the receiving state is tasked for the protection of foreign
diplomats from any lawless element. And indeed the Vienna
Convention is a restatement of the generally accepted principles of
international law. But the same cannot be invoked as defense to the
primacy of the Philippine Constitution which upholds and guarantees
the rights to free speech and peacable assembly. At the same time,
the City Ordinance issued by respondent mayor cannot be invoked if
the application thereof would collide with a constitutionally
guaranteed rights.
II. Yes. The denial of their rally does not pass the clear and present
danger test. The mere assertion that subversives may infiltrate the
ranks of the demonstrators does not suffice. In this case, no less than
the police chief assured that they have taken all the necessary steps
to ensure a peaceful rally. Further, the ordinance cannot be applied
yet because there was no showing that indeed the rallyists are within
the 500 feet radius (besides, there’s also the question of whether or
not the mayor can prohibit such rally – but, as noted by the SC, that
has not been raised an issue in this case).
Sec.4(2), sec.5(2)(a), Art.VIII
Art.13, declaration of rights and duties of states (cited in bayan vs
Zamora)
C. Section 3, Art. II (Civilian Authority)
Art. VII, Sec.18. President is Commander-in-chief
Art. XVI, Sec.5 No partisan politics. No appointment in any capacity
to a civilian position while in active service.
D. Section 4, Art. II (government to serve and protect the pp. duty of
pp to defend the state)
PP VS LAGMAN
Defense of State
In 1936, Tranquilino Lagman reached the age of 20. He is being
compelled by Section 60 of Commonwealth Act 1 (National Defense
Law) to join the military service. Lagman refused to do so because he
has a father to support, has no military leanings and he does not wish
to kill or be killed. Lagman further assailed the constitutionality of the
said law.
ISSUE: Whether or not the National Defense Law is constitutional.
HELD: Yes. The duty of the Government to defend the State cannot
be performed except through an army. To leave the organization of
an army to the will of the citizens would be to make this duty of the
Government excusable should there be no sufficient men who
volunteer to enlist therein. Hence, the National Defense Law, in so far
as it establishes compulsory military service, does not go against this
constitutional provision but is, on the contrary, in faithful compliance
therewith. “The defense of the State is a prime duty of government,
and in the fulfillment of this duty all citizens may be required by law to
render personal military or civil service.”
PP VS MANAYAO
Citizenship – Defense of State – Treason
Pedro Manayao was a member of the Makapili (a group of Filipino
traitors aiding the Japanese cause). Manayao conspired together with
his Japanese comrade soldiers to inflict terror upon the barrio of
Banaban in Bulacan where they killed 60 to 70 residents. The
residents they killed were alleged to be supporters, wives and
relatives of guerillas fighting the Japanese forces. Manayao was
positively identified by credible witnesses and he was later convicted
with the high crime of treason with multiple murder. He was
sentenced to death and to pay the damages. Manayao’s counsel
argued that his client cannot be tried with treason because Manayao
has already lost his Filipino citizenship due to his swearing of
allegiance to support the Japanese cause. Hence, Manayao cannot
be tried under Philippine courts for any war crimes for only Japanese
courts can do so.
ISSUE: Whether or not Manayao is guilty of treason.
HELD: No. Manayao’s swearing of allegiance to Japan was not
proven as a fact nor is it proven that he joined the Japanese Naval,
Army or Air Corps. What he joined is the Makapili, a group of Filipino
traitors pure and simple. The Supreme Court also emphasized that in
times of war when the state invokes the Constitutional provision
which state
The defense of the state is a prime duty of the government, in the
fulfillment of this duty all citizens may be required to render personal,
military or civil service…
no one can effectively cast off his duty to defend the state by merely
swearing allegiance to an enemy country, leaving and joining the
opposite force, or by deserting the Philippine Armed Forces. Or even
if Manayao did lose his citizenship it is also indicated that no such
person shall take up arms against his native country; he shall be held
guilty of a felony and treason, if he does not strictly observe this duty.
E. sec5 Art II
F. sec6 Art II
Art III s5
Art VI s28(3)
Art VI s29(2)
Art IX, C s2(5)
Art XIV, s3(3)
1. Republic Act No. 1265 took effect on June 11, 1955. The Secretary
of Education, acting upon Section 2 of said Act authorizing and
directing him to issue or cause to issue rules and regulations for the
proper conduct of the flag ceremony, issued Department Order No. 8
on July 21 of the same year.
DO 8 is valid. Saluting the flag is not a religious ritual and it is for the
courts to determine, not a religious group, whether or not a certain
practice is one.
1. The court held that the flag is not an image but a symbol of the
Republic of the Philippines, an emblem of national sovereignty, of
national unity and cohesion and of freedom and liberty which it and
the Constitution guarantee and protect. Considering the complete
separation of church and state in our system of government, the flag
is utterly devoid of any religious significance. Saluting the flag
consequently does not involve any religious ceremony.
FACTS:
Two special civil actions for certiorari, Mandamus and Prohibition
were filed and consolidated raising the same issue whether school
children who are members or a religious sect known as Jehovah’s
Witnesses may be expelled from school (both public and private), for
refusing, on account of their religious beliefs, to take part in the flag
ceremony which includes playing (by a band) or singing the Philippine
national anthem, saluting the Philippine flag and reciting the patriotic
pledge.
Petitioners stress that while they do not take part in the compulsory
flag ceremony, they do not engage in “external acts” or behavior that
would offend their countrymen who believe in expressing their love of
country through the observance of the flag ceremony. They quietly
stand at attention during the flag ceremony to show their respect for
the right of those who choose to participate in the solemn
proceedings. Since they do not engage in disruptive behavior, there
is no warrant for their expulsion.
PAMIL VS TELERON
Facts:
Held:
Dissenting Opinion:
Dissenting Opinions
J. Fernando – It would be an unwarranted departure then from what
has been unanimously held in the J.B.L. Reyes decision if on such a
basic right as religious freedom -clearly the most fundamental and
thus entitled to the highest priority among human rights, involving as
it does the relationship of man to his Creator -this Court will be less
vigilant in upholding any rightful claim. More than ever, in times of
stress -and much more so in times of crisis -it is that deeply-held faith
that affords solace and comfort if not for everyone at least for the
majority of mankind. Without that faith, man’s very existence is devoid
of meaning, bereft of significance.
J. Teehankee – The right to freely exercise one’s religion is
guaranteed in Section 8 of our Bill of Rights. 7 Freedom of worship,
alongside with freedom of expression and speech and peaceable
assembly “along with the other intellectual freedoms, are highly
ranked in our scheme of constitutional values. It cannot be too
strongly stressed that on the judiciary -even more so than on the
other departments -rests the grave and delicate responsibility of
assuring respect for and deference to such preferred rights. No verbal
formula, no sanctifying phrase can, of course, dispense with what has
been so felicitously termed by Justice Holmes ‘as the sovereign
prerogative of judgment.’ Nonetheless, the presumption must be to
incline the weight of the scales of justice on the side of such rights,
enjoying as they do precedence and primacy.
J. Makasiar – With the assurances aforestated given by both
petitioners and respondents, there is no clear and present danger to
public peace and order or to the security of persons within the
premises of Malacañang and the adjacent areas, as the respondents
has adopted measures and are prepared to insure against any public
disturbance or violence.
INK VS GIRONELLA
Facts:
Ruling:
1. The use of the word “gimmick” could offend the sensibilities of the
members of the Iglesia ni Cristo. It is not inaccurate to state that
as understood in the popular sense, it is not exactly complimentary. It
may indicate lack of sincerity. It is a ploy or device to persuade
others to take a course of action, which without it may not be
acceptable.
ESTRADA VS ESCRITOR
Facts:
Escritor is a court interpreter since 1999 in the RTC of Las Pinas City.
She has been living with Quilapio, a man who is not her husband, for
more than twenty five years and had a son with him as well.
Respondent’s husband died a year before she entered into the
judiciary while Quilapio is still legally married to another woman.
Issue:
Held:
No. The State could not penalize respondent for she is exercising her
right to freedom of religion. The free exercise of religion is
specifically articulated as one of the fundamental rights in our
Constitution. As Jefferson put it, it is the most inalienable and sacred
of human rights. The State’s interest in enforcing its prohibition
cannot be merely abstract or symbolic in order to be sufficiently
compelling to outweigh a free exercise claim. In the case at bar, the
State has not evinced any concrete interest in enforcing the
concubinage or bigamy charges against respondent or her partner.
Thus the State’s interest only amounts to the symbolic preservation of
an unenforced prohibition. Furthermore, a distinction between public
and secular morality and religious morality should be kept in mind.
The jurisdiction of the Court extends only to public and secular
morality.
IMBONG VS OCHOA
Facts:
Republic Act (R.A.) No. 10354, otherwise known as the Responsible
Parenthood and Reproductive Health Act of 2012 (RH Law), was
enacted by Congress on December 21, 2012.
Challengers from various sectors of society are questioning the
constitutionality of the said Act. The petitioners are assailing the
constitutionality of RH Law on the following grounds:
SUBSTANTIAL ISSUES:
Issue/s:
SUBSTANTIAL ISSUES:
Whether or not (WON) RA 10354/Reproductive Health (RH) Law is
unconstitutional for violating the:
1. Right to life
2. Right to health
3. Freedom of religion and right to free speech
4. Right to privacy (marital privacy and autonomy)
5. Freedom of expression and academic freedom
6. Due process clause
7. Equal protection clause
8. Prohibition against involuntary servitude
PROCEDURAL:
Whether the Court can exercise its power of judicial review over the
controversy.
Discussions:
PROCEDURAL
Judicial Review Jurisprudence is replete with the rule that the power
of judicial review is limited by four exacting requisites: (a) there must
be an actual case or controversy; (b) the petitioners must possess
locus standi; (c) the question of constitutionality must be raised at the
earliest opportunity; and (d) the issue of constitutionality must be the
lis mota of the case.
Actual Controversy: An actual case or controversy means an
existing case or controversy that is appropriate or ripe for
determination, not conjectural or anticipatory, lest the decision of the
court would amount to an advisory opinion. It must concern a real,
tangible and not merely a theoretical question or issue. There ought
to be an actual and substantial controversy admitting of specific relief
through a decree conclusive in nature, as distinguished from an
opinion advising what the law would be upon a hypothetical state of
facts. Corollary to the requirement of an actual case or controversy is
the requirement of ripeness. A question is ripe for adjudication when
the act being challenged has had a direct adverse effect on the
individual challenging it. For a case to be considered ripe for
adjudication, it is a prerequisite that something has then been
accomplished or performed by either branch before a court may
come into the picture, and the petitioner must allege the existence of
an immediate or threatened injury to himself as a result of the
challenged action. He must show that he has sustained or is
immediately in danger of sustaining some direct injury as a result of
the act complained of
Facial Challenge: A facial challenge, also known as a First
Amendment Challenge, is one that is launched to assail the validity of
statutes concerning not only protected speech, but also all other
rights in the First Amendment. These include religious freedom,
freedom of the press, and the right of the people to peaceably
assemble, and to petition the Government for a redress of
grievances. After all, the fundamental right to religious freedom,
freedom of the press and peaceful assembly are but component
rights of the right to one’s freedom of expression, as they are modes
which one’s thoughts are externalized.
Locus Standi: Locus standi or legal standing is defined as a
personal and substantial interest in a case such that the party has
sustained or will sustain direct injury as a result of the challenged
governmental act. It requires a personal stake in the outcome of the
controversy as to assure the concrete adverseness which sharpens
the presentation of issues upon which the court so largely depends
for illumination of difficult constitutional questions.
Transcendental Importance: the Court leans on the doctrine that
“the rule on standing is a matter of procedure, hence, can be relaxed
for non-traditional plaintiffs like ordinary citizens, taxpayers, and
legislators when the public interest so requires, such as when the
matter is of transcendental importance, of overreaching significance
to society, or of paramount public interest.”
One Subject-One Title: The “one title-one subject” rule does not
require the Congress to employ in the title of the enactment language
of such precision as to mirror, fully index or catalogue all the contents
and the minute details therein. The rule is sufficiently complied with if
the title is comprehensive enough as to include the general object
which the statute seeks to effect, and where, as here, the persons
interested are informed of the nature, scope and consequences of the
proposed law and its operation. Moreover, this Court has invariably
adopted a liberal rather than technical construction of the rule “so as
not to cripple or impede legislation.” The one subject/one title rule
expresses the principle that the title of a law must not be “so
uncertain that the average person reading it would not be informed of
the purpose of the enactment or put on inquiry as to its contents, or
which is misleading, either in referring to or indicating one subject
where another or different one is really embraced in the act, or in
omitting any expression or indication of the real subject or scope of
the act.”
Declaration of Unconstitutionality: Orthodox view: An
unconstitutional act is not a law; it confers no rights; it imposes no
duties; it affords no protection; it creates no office; it is, in legal
contemplation, as inoperative as though it had never been passed.
Modern view: Under this view, the court in passing upon the question
of constitutionality does not annul or repeal the statute if it finds it in
conflict with the Constitution. It simply refuses to recognize it and
determines the rights of the parties just as if such statute had no
existence. But certain legal effects of the statute prior to its
declaration of unconstitutionality may be recognized. Requisites for
partial unconstitutionality: (1) The Legislature must be willing to retain
the valid portion(s), usually shown by the presence of a separability
clause in the law; and (2) The valid portion can stand independently
as law.
Ruling/s:
SUBSTANTIAL
1. Majority of the Members of the Court believe that the question of
when life begins is a scientific and medical issue that should not
be decided, at this stage, without proper hearing and evidence.
However, they agreed that individual Members could express their
own views on this matter.
The State may pursue its legitimate secular objectives without being
dictated upon the policies of any one religion. To allow religious sects
to dictate policy or restrict other groups would violate Article III,
Section 5 of the Constitution or the Establishment Clause. This would
cause the State to adhere to a particular religion, and thus,
establishes a state religion. Thus, the State can enhance its
population control program through the RH Law even if the promotion
of contraceptive use is contrary to the religious beliefs of e.g. the
petitioners.
4. Section 23A (2)(i) of the RH Law, which permits RH procedures
even with only the consent of the spouse undergoing the provision
(disregarding spousal content), intrudes into martial privacy and
autonomy and goes against the constitutional safeguards for the
family as the basic social institution. Particularly, Section 3, Article
XV of the Constitution mandates the State to defend: (a) the right
of spouses to found a family in accordance with their religious
convictions and the demands of responsible parenthood and (b)
the right of families or family associations to participate in the
planning and implementation of policies and programs that affect
them. The RH Law cannot infringe upon this mutual decision-
making, and endanger the institutions of marriage and the family.
6. The RH Law does not violate the due process clause of the
Constitution as the definitions of several terms as observed by the
petitioners are not vague.
The RH Law does not only seek to target the poor to reduce their
number, since Section 7 of the RH Law prioritizes poor and
marginalized couples who are suffering from fertility issues and desire
to have children. In addition, the RH Law does not prescribe the
number of children a couple may have and does not impose
conditions upon couples who intend to have children. The RH Law
only seeks to provide priority to the poor.
The exclusion of private educational institutions from the mandatory
RH education program under Section 14 is valid. There is a need to
recognize the academic freedom of private educational institutions
especially with respect to religious instruction and to consider their
sensitivity towards the teaching of reproductive health education
8. The requirement under Sec. 17 of the RH Law for private and non-
government health care service providers to render 48 hours
of pro bonoRH services does not amount to involuntary servitude,
for two reasons. First, the practice of medicine is undeniably
imbued with public interest that it is both the power and a duty of
the State to control and regulate it in order to protect and promote
the public welfare. Second, Section 17 only encourages private
and non-government RH service providers to render pro
bono Besides the PhilHealth accreditation, no penalty is imposed
should they do otherwise.
PROCEDURAL
1. In this case, the Court is of the view that an actual case or
controversy exists and that the same is ripe for judicial
determination. Considering that the RH Law and its implementing
rules have already taken effect and that budgetary measures to
carry out the law have already been passed, it is evident that the
subject petitions present a justiciable controversy. As stated
earlier, when an action of the legislative branch is seriously
alleged to have infringed the Constitution, it not only becomes a
right, but also a duty of the Judiciary to settle the dispute.
4. Most of the petitions are praying for injunctive reliefs and so the
Court would just consider them as petitions for prohibition under
Rule 65, over which it has original jurisdiction. Where the case has
far-reaching implications and prays for injunctive reliefs, the Court
may consider them as petitions for prohibition under Rule 65.
5. The RH Law does not violate the one subject/one bill rule. In this
case, a textual analysis of the various provisions of the law shows
that both “reproductive health” and “responsible parenthood” are
interrelated and germane to the overriding objective to control the
population growth. As expressed in the first paragraph of Section 2
of the RH Law:
State Policies
G. sec.7 Art II
Sec.8 Art II
H. sec.9 Art II
Sec.10 Art II
Sec.11 art II
CALALANG VS WILLIAMS
Issues:
1) Whether the rules and regulations promulgated by the respondents
pursuant to the provisions of Commonwealth Act NO. 548 constitute
an unlawful inference with legitimate business or trade and abridged
the right to personal liberty and freedom of locomotion?
Held:
1) No. The promulgation of the Act aims to promote safe transit upon
and avoid obstructions on national roads in the interest and
convenience of the public. In enacting said law, the National
Assembly was prompted by considerations of public convenience and
welfare. It was inspired by the desire to relieve congestion of traffic,
which is a menace to the public safety. Public welfare lies at the
bottom of the promulgation of the said law and the state in order to
promote the general welfare may interfere with personal liberty, with
property, and with business and occupations. Persons and property
may be subject to all kinds of restraints and burdens in order to
secure the general comfort, health, and prosperity of the State. To
this fundamental aims of the government, the rights of the individual
are subordinated. Liberty is a blessing which should not be made to
prevail over authority because society will fall into anarchy. Neither
should authority be made to prevail over liberty because then the
individual will fall into slavery. The paradox lies in the fact that the
apparent curtailment of liberty is precisely the very means of insuring
its preserving.
ONDOY VS IGNACIO
I. sec.12 Art II
MEYER VS NEBRASKA
(summary: The Court declared the Nebraska law unconstitutional, reasoning it violated
the liberty protected by Due Process Clause of the Fourteenth Amendment. Liberty, the
Court explained, means more than freedom from bodily restraint. It also includes the right
of a teacher to teach German to a student, and the right of parents to control the
upbringing of their child as they see fit. While the state has a legitimate interest in
encouraging the growth of a population that can engage in discussions of civic matters,
the means it chose to pursue this objective was excessive. )
Issues
Holding/Rule
Reasoning
Liberty denotes not only freedom from bodily restraint but also
the right…
o To contract
o To engage in any occupation of his choosing
o To acquire useful knowledge
o To marry
o To establish a home and bring up children
o To worship God according to the dictates of his own
conscience
Meyer had the right to teach, and the parents of the child had
the right to engage him so to instruct their child. These actions
are within the liberty of the Due Process Clause of the 14th
Amendment.
The right is clearly infringed upon.
The state says their interest is to foster a homogenous people
with American ideals prepared readily to understand current
discussions of civic matters.
o The means adopted exceed the limitations upon the
power of the state.
Proficiency is a foreign language seldom comes to
one not instructed at an early age, and experience
shows that it is not injurious to the health, morals, or
understanding of an ordinary child.
Issue: Does the Act unreasonably interfere with the liberty of parents
and guardians to direct the upbringing and education of children
under their control?
Ruling: US SC held that the statute violated the due process clause.
The two schools, as Oregon corporations and property owners within
the state, were entitled to “protection against arbitrary, unreasonable
and unlawful interference with their patrons and the consequent
destruction of their business and property.” Furthermore, the court
ruled that the Oregon statute “unreasonably interfered with the liberty
of parents and guardians to direct the upbringing and education of
children.” According to the court, the state could not force
schoolchildren to “accept instruction from public teachers only.”
However, the court did acknowledge that states have wide-ranging
rights in regard to education:
Thus, the court invalidated only state action that prevents parents
from making an educational choice for their children; the court did not
prohibit states from exercising regulatory control over education,
including nonpublic schools. Finding that the Oregon statute was
unconstitutional, the Supreme Court upheld the decision of the
federal district court.
J. sec.13, Art II
PD 684
PD 935
PD 1102
PD 603
K.Sec. 14, Art II
VILLEGAS VS SUBIDO
L. sec.15 Art II
Sec.16 Art II
OPOSA VS FACTORAN
Facts:
The principal petitioners, all minors duly represented and joined by
their respective parents. Impleaded as an additional plaintiff is the
Philippine Ecological Network, Inc. (PENI), a domestic, non-stock and
non-profit corporation organized for the purpose of, inter alia,
engaging in concerted action geared for the protection of our
environment and natural resources. The petitioners alleged the
respondent, Honorable Fulgencio S. Factoran, Jr., then Secretary of
the Department of Environment and Natural Resources (DENR),
continued approval of the Timber License Agreements (TLAs) to
numerous commercial logging companies to cut and deforest the
remaining forests of the country. Petitioners request the defendant,
his agents, representatives and other persons acting in his behalf to:
Issues:
Whether or not the petitioners have the right to bring action to the
judicial power of the Court.
Whether or not the petitioners failed to allege in their complaint a
specific legal right violated by the respondent Secretary for which
any relief is provided by law.
Whether or not petitioners’ proposition to have all the TLAs
indiscriminately cancelled without the requisite hearing violates the
requirements of due process.
Rulings:
In the resolution of the case, the Court held that:
The petitioners have the right to bring action to the judicial power
of the Court.
1. The case at bar is subject to judicial review by the Court.
Justice Davide, Jr. precisely identified in his opinion the
requisites for a case to be subjected for the judicial review by
the Court. According to him, the subject matter of the complaint
is of common interest, making this civil case a class suit and
proving the existence of an actual controversy. He strengthens
this conclusion by citing in the decision Section 1, Article 7 of
the 1987 Constitution.
2. The petitioners can file a class suit because they represent
their generation as well as generations yet unborn. Their
personality to sue in behalf of the succeeding generations can
only be based on the concept of intergenerational responsibility
insofar as the right to a balanced and healthful ecology is
concerned. Such a right, as hereinafter expounded,
considers the “rhythm and harmony of nature.” Nature means
the created world in its entirety. Such rhythm and harmony
indispensably include, inter alia, the judicious disposition,
utilization, management, renewal and conservation of the
country’s forest, mineral, land, waters, fisheries, wildlife, off-
shore areas and other natural resources to the end that their
exploration, development and utilization be equitably
accessible to the present as well as future generations.
3. Every generation has a responsibility to the next to preserve
that rhythm and harmony for the full enjoyment of a balanced
and healthful ecology. Put a little differently, the minors’
assertion of their right to a sound environment constitutes, at
the same time, the performance of their obligation to ensure the
protection of that right for the generations to come.
The Court does not agree with the trial court’s conclusions that the
plaintiffs failed to allege with sufficient definiteness a specific legal
right involved or a specific legal wrong committed, and that the
complaint is replete with vague assumptions and conclusions
based on unverified data.
1. The complaint focuses on one specific fundamental legal right
— the right to a balanced and healthful ecology which, for the
first time in our nation’s constitutional history, is solemnly
incorporated in the fundamental law. Section 16, Article II of the
1987 Constitution explicitly provides:
Sec. 16. The State shall protect and advance the right of the people
to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.
1. This right unites with the right to health which is provided for in the
preceding section of the same article:
Sec. 15. The State shall protect and promote the right to health of the
people and instill health consciousness among them.
ISSUE:
HELD:
No. While it is true that under Section 5(5), Article XIV of the
Constitution Congress is mandated to “assign the highest budgetary
priority to education,” it does not thereby follow that the hands of
Congress are so hamstrung as to deprive it the power to respond to
the imperatives of the national interest and for the attainment of other
state policies or objectives.
Congress is certainly not without any power, guided only by its good
judgment, to provide an appropriation, that can reasonably service
our enormous debt…It is not only a matter of honor and to protect the
credit standing of the country. More especially, the very survival of
our economy is at stake. Thus, if in the process Congress
appropriated an amount for debt service bigger than the share
allocated to education, the Court finds and so holds that said
appropriation cannot be thereby assailed as unconstitutional.
ISSUE:
Whether respondent was deprived of his right to a medical education
through an arbitrary exercise of the police power.
HELD:
The regulation of the practice of medicine in all its branches has long
been recognized as a reasonable method of protecting the health and
safety of the public. Thus, legislation and administrative regulations
requiring those who wish to practice medicine first to take and pass
medical board examinations is a valid exercises of governmental
power.