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Endencia v. David - G.R. No. L-6355-56 - Aug. 31, 1953
Endencia v. David - G.R. No. L-6355-56 - Aug. 31, 1953
Endencia v. David - G.R. No. L-6355-56 - Aug. 31, 1953
SYLLABUS
DECISION
MONTEMAYOR, J : p
Separate Opinions
BAUTISTA ANGELO, J., concurring:
Without expressing any opinion on the doctrine laid down by this Court
in the case of Perfecto vs. Meer, G«R. No. L-2314, in view of the part I had in
that case as former Solicitor General, I wish however to state that I concur in
the opinion of the majority to the effect that section 13, Republic Act No.
590, in so far as it provides that taxing of the salary of a judicial officer shall
be considered "not to be a diminution of his compensation fixed by the
Constitution or by law", constitutes an invasion of the province and
jurisdiction of the judiciary. In this sense, I am of the opinion that said section
is null and void, it being a transgression of the fundamental principle
underlying the separation of powers.
I dissent for the same reasons stated in the dissenting opinion of Mr.
Justice Ozaeta in Perfecto vs. Meer, 85 Phil., 552, in which I concurred. But I
disagree with the majority in ruling that no legislation may provide that it be
held valid although against a provision of the Constitution.