San Beda University College of Law

Constitutional Law 1 | Atty. Antonio Eduardo S. Nachura, Jr.

Case Name PHILCONSA v Gimenez
Topic One Subject Rule
Case No. | Date G.R. No. L-23326, Dec. 18, 1965
Ponente Regala, J.
PHILCONSA, a non-profit, civic organization assails the constitutionaltity of RA 3836 at least
to the end that it provided for the retirement of the members of Congress. The challenge to
the constitutionality of the law is centered on the following propositions:

1. The provision for the retirement of the members and certain officers of
Congress is not expressed in the title of the bill, in violation of Sec. 21 (1) of
Article VI of the Constitution.
2. The provision on retirement gratuity is an attempt to circumvent the
Constitutional ban on increase of salaries of the members of Congress during their
term of office, contrary to the provisions of Article VI, Sec. 14 of the Constitution.
3. The same provision constitutes "selfish class legislation" because it allows
members and officers of Congress to retire after twelve (12) years of service and
gives them a gratuity equivalent to one year salary for every four years of service,
Case Summary
which is not refundable in case of reinstatement or re-election of the retiree,
while all other officers and employees of the government can retire only after at
least twenty (20) years of service and are given a gratuity which is only
equivalent to one month salary for every year of service, which, in any case,
cannot exceed 24 months.
4. The provision on vacation and sick leave, commutable at the highest rate received,
insofar as members of Congress are concerned, is another attempt of the
legislators to further increase their compensation in violation of the Constitution.

The Court held that RA 3836 violates three constitutional provisions, namely: first, the
prohibition regarding increase in the salaries of Members of Congress; second, the
equal protection clause; and third, the prohibition that the title of a bill shall not
embrace more than one subject.
Art. VI, Section 21(1) of the 1935 Constitution
No bill which may be enacted into law shall embrace more than one subject which shall be
expressed in the title of the bill.
Doctrine
Art. VI, Section 26(1) of the 1987 Constitution
Every bill passed by the Congress shall embrace only one subject which shall be expressed in the
title thereof.

RATIO DECIDENDI
Issue Ratio
Whether or not the YES. The title of said Republic Act 3836 is void as it is not germane to the subject
title of RA 3836 matter and is a violation of the aforementioned paragraph 1, section 21, Article
violates the Art. VI, VI of the Constitution. It is to be observed that under RA 3836, amending the first
Section 21(1) of the paragraph of section 12, subsection (c) of Commonwealth Act 186, as amended by
1935 Constitution Republic Acts Nos. 660 and. 3096, the retirement benefits are granted to members of
for embracing more the Government Service Insurance System, who have rendered at least twenty years of
than one subject. service regardless of age. This paragraph is related and germane to the subject of
Commonwealth Act No. 186.

On the other hand, the succeeding paragraph of RA 3836 refers to members of

Congress and to elective officers thereof who are not members of the Government
 San Beda University College of Law
Constitutional Law 1 | Atty. Antonio Eduardo S. Nachura, Jr.
Service Insurance System. To provide retirement benefits, therefore, for these officials,
would relate to subject matter which is not germane to Commonwealth Act No. 186. In
other words, this portion of the amendment (re: retirement benefits for Members of
Congress and elected officers, such as the Secretary and Sergeants-at-arms for each
House) is not related in any manner to the subject of Commonwealth Act 186
establishing the Government Service Insurance System and which provides for both
retirement and insurance benefits to its members.
Whether or not the Yes. It is evident that retirement benefit is a form or another species of
assailed RA 3836 falls emolument, because it is a part of compensation for services of one possessing
within the any office.
prohibition embodied
in Art. VI, Section 14 RA 3836 provides for an increase in the emoluments of Senators and Members of the
of the Constitution House of Representatives, to take effect upon the approval of said Act, which was on
June 22, 1963. Retirement benefits were immediately available thereunder, without
awaiting the expiration of the full term of all the Members of the Senate and the House
of Representatives approving such increase. Such provision clearly runs counter to
the prohibition in Article VI, Section 14 of the Constitution.
Whether or not the YES. In the first place, while the said law grants retirement benefits to Senators and
law in question Members of the House of Representatives who are elective officials, it does not include
violates the equal other elective officials such as the governors of provinces and the members of the
protection clause of provincial boards, and the elective officials of the municipalities and chartered cities.
the Constitution
All members of Congress under RA 3836 are given retirement benefits after serving
twelve years, not necessarily continuous, whereas, most government officers and
employees are given retirement benefits after serving for at least twenty years. In fact,
the original bill of Act 3836 provided for twenty years of service. All government
officers and employees are given only one retirement benefit irrespective of their
length of service in the government, whereas, under RA 3836, because of no age
limitation, a Senator or Member of the House of Representatives upon being elected
for 24 years will be entitled to two retirement benefits or equivalent to six years'
salary.

Also, while the payment of retirement benefits (annuity) to an employee who had been
retired and reappointed is suspended during his new employment (under
Commonwealth Act 186, as amended), this is not so under Republic Act 3836.

Lastly, it is peculiar that Republic Act 3836 grants retirement benefits to officials who
are not members of the Government Service Insurance System. Most grantees of
retirement benefits under the various retirement laws have to be members or must at
least contribute a portion of their monthly salaries to the System.

The arguments advanced against the discriminatory features of Republic Act 3836, as
far as Members of Congress are concerned, apply with equal force to the elected
officers of each House, such as the Secretaries and the Sergeants-at-arms. Under
Republic Act 3836, the Secretaries and Sergeants-at-arms of each House are given the
benefits of retirement without having served for twenty years as required with other
officers and employees of the Government.

RULING

 IN VIEW OF THE FOREGOING CONSIDERATIONS, Republic Act No. 3836 is hereby declared null and
void, in so far as it refers to the retirement of Members of Congress and the elected officials
 San Beda University College of Law
Constitutional Law 1 | Atty. Antonio Eduardo S. Nachura, Jr.
thereof, as being unconstitutional. The restraining order issued in our resolution on December 6,
1965 is hereby made permanent. No costs.

NOTES
Art. VI, Section 14 of the 1935 Constitution

The Senators and the Members of the House of Representatives shall, unless otherwise provided by law, receive an
annual compensation of seven thousand two hundred pesos each, including per diems and other emoluments or
allowances and exclusive only of traveling expenses to and from their respective districts in the case of Members of
the House of Representatives, and to and from their places of residence in the case of Senators, when attending
sessions of the Congress. No increase in said compensation shall take effect until after the expiration of the full
term of all the Members of the Senate and of the House of Representatives approving such increase. Until
otherwise provided by law, the President of the Senate and the Speaker of the House of Representatives shall each
receive an annual compensation of sixteen thousand pesos.

RA 3836

AN ACT AMENDING SUBSECTION (c), SECTION TWELVE OF COMMONWEALTH ACT NUMBERED ONE
HUNDRED EIGHTY-SIX, AS AMENDED BY REPUBLIC ACT NUMBERED THIRTY HUNDRED NINETY-SIX:

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Subsection (c), Section twelve of Commonwealth Act Numbered One Hundred eighty-six, as amended
by Republic Act Numbered Thirty hundred ninety-six, is further amended to read as follows:

"(c) Retirement is likewise allowed to a member, regardless of age, who has rendered at least twenty years of
service. The benefit shall, in addition to the return of his personal contributions plus interest and the payment of
the corresponding employer's premiums described in subsection (a) of Section five hereof, without interest, be only
a gratuity equivalent to one month's salary for every year of service, based on the highest rate received, but not to
exceed twenty-four months: Provided, That the retiring officer or employee has been in the service of the said
employer or office for at least four years immediately preceding his retirement.

"Retirement is also allowed to a senator or a member of the House of Representatives and to an elective officer of
either House of the Congress, regardless of age, provided that in the case of a Senator or Member, he must have
served at least twelve years as a Senator and/or as a member of the House of Representatives, and, in the case of
an elective officer of either House, he must have served the government for at least twelve years, not less than four
years of which must have been rendered as such elective officer: Provided, That the gratuity payable to a retiring
senator, member of the House of Representatives, or elective officer, of either House, shall be equivalent to one
year's salary for every four years of service in the government and the same shall be exempt from any tax
whatsoever and shall be neither liable to attachment or execution nor refundable in case of reinstatement or re-
election of the retiree.

"This gratuity is payable by the employer or office concerned which is hereby authorized to provide the necessary
appropriation or pay the same from any unexpended items of appropriations or savings in its appropriations or
saving in its appropriations.

"Elective or appointive officials and employees paid gratuity under this subsection shall be entitled to the
commutation of the unused vacation and sick leave, based on the highest rate received, which they may have to
their credit at the time of retirement."