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various Relations Industrial

The CIR or any of its judges, Issue should, in Relations,
therefore, must act on its involved, all with
or his own independent and the controver instructio
consideration of the law reason for sial n that it
and facts of the the questions, reopen
controversy, and not simply decision render its the case,
accept the views of a rendered. decision receive all
subordinate in arriving at a in such a such
decision. SC said evidence
there was manner as may be
The CIR should, in all a failure that the relevant,
controversial questions, to grasp parties to and
render its decision in such a the the otherwise
manner that the parties to fundame proceedin proceed
the proceeding can know ntal issue g can in
the various issues involved, involved know the accordanc
and the reasons for the due to vario e with the
decision rendered. The failure to issues requirem
performance of this duty is receive all involved, ents set
inseparable from the relevant and the forth...
authority conferred upon it. evidence. reasons hereinabo
Thus, the for the ve. So
Accordingly, the motion for motion decisions ordered.
new trial should be and the for a new rendered.
same is hereby granted, trial was The Motion
and the entire record of granted performa for new
this case shall be remanded and the nce of trial
to the CIR with instruction entire this duty granted
that it reopen the case, record of is and cause
receive all such evidence as this case inseparab remande
may be relevant and is le from d with
otherwise proceed in remande the instructio
accordance w/ the d to the authority ns.
Ang Tibay vs. CIR, 69 requirements set forth CIR. conferred
Phil. 635 (1940) herein above. upon it. Principles:
 state of national emergency CONSTITU y show t PP 1017, emergenc
has ceased to exist. TIONAL that he is i.e. y under
Petitioners filed petitions insofar as entitled whatever Section
with the SC, impleading it to seek is 17, Article
Arroyo, questioning the constitute judicial "necessar VII of the
legality of the s a call by protectio y and Constituti
proclamation. President n. In appropria on is
Gloria other te actions constituti
ISSUE: Macapag words, he and onal, but
al-Arroyo has to measures such
Whether or not Presidential on the make out to declaratio
Proclamation No. 1017 is AFP to a suppress n does
unconstitutional? prevent sufficient and not
or interest in prevent authorize
RULING: suppress the acts of the
lawless vindicatio lawless President
No. PP 1017 is violence. n of the violence." to take
constitutional insofar as it However, public Consideri over
constitutes a call by the the order and ng that privately-
President for the AFP to provisions the "acts of owned
prevent or suppress lawless of securing terrorism public
violence whenever of relief " have utility or
becomes necessary as PP 1017 as a not yet business
prescribe under Section 18, command “citizen” been affected
Article VII of the ing the or defined with
Constitution. However, the AFP to “taxpayer and made public
SC ruled that under Section enforce . The punishabl interest
17, Article XII of the laws not locus e by the without
Constitution, the President, related to standi of Legislatur prior
in the absence of legislative lawless petitioner e, such legislation
legislation, cannot take violence, s in portion of .
over privately-owned public as well as particularl G.O. No. 5
utility and private business decrees y David is The Court
affected with public promulga and declared partially
• David v. Arroyo, G.R. interest. Therefore, the PP ted by the Llamas, is UNCONST granted
No. 171390, May 3, No. 1017 is only partly President, beyond ITUTIONA the
2006 unconstitutional. are doubt. L. petitions.
 valid and enforceable, must be invalidity personnel Without president have any
published in the Official Gazette or cannot be of the such now has legal
otherwise effectively promulgated.
The government argued that while justified. administr notice the justificati
publication was necessary as a rule, ative and power to on at all.
it was not so when it was “otherwise DISPOSITI agency publicatio make It is no
provided,” as when the decrees VE and not n, there laws. less
themselves declared that they were
to become effective immediately PORTION the would be They important
upon their approval. public, no basis point out to
The Court need not for the that while remembe
The SC, in its decision in 1985, ordered be applicatio the public r that
affirmed the necessity of the
publication of the presidential the published n of the can be Section 6
issuances which are of general Responde . maxim aware of of the Bill
application. Petitioners then moved nts to "ignoranti the laws of Rights
for reconsideration/clarification
asserting that the clause “unless it is
PUBLISH Therefore a legis made by recognize
otherwise provided” meant that the in the , the non the s “the
publication required therein was not Official Court excusat." legislative right of
always imperative. Gazette declared It would departme the
all that all be the nt people to
ISSUE: unpublish laws height of through informati
ed aforemen injustice the on on
Whether publication is an presidenti tioned to punish broadcast matters
indispensable requirement for the
effectivity of the presidential al shall be or ing of of public
issuances in question. issuances published otherwise debates concern,”
which are in full in burden a and and this
HELD:
of general the citizen for deliberati certainly
applicatio Official the ons in the applies
YES. Publication of presidential n. Non- Gazette transgress Batasang to, among
issuances at bar is an indispensable publicatio to ion of a Pambans others,
requirement for their effectivity n shall become law of a, they do and
despite the special provisions as to
the date they are to take effect. render effective which he not have indeed
such in had no the same especially
Art. 2 of the Civil Code provides issuances accordanc notice privilege , the
that “laws shall take effect after
fifteen days following the completion
as having e with whatsoev with legislative
of their publication in the Official no Article 2 er, not legislation enactmen
Gazette, unless it is otherwise binding of the even a made by ts of the
• Tanada v. Tuvera, provided. This Code shall take effect force and Civil constructi the governme
one year after such publication.”
146 SCRA 446 (1986) The phrase “unless it is otherwise effect. Code. ve one. president. nt.
 any, with the name, relation­ship, age the issue e use to from the d. the issue
and sex would be specified of which form of of
The lower court on July 6, 1963 issued personal such notice 2. NO. personal
a writ of preliminary injunction informati premises given to There is informati
ordering respondent Mayor to refrain... on, the could be, the level no on, the
from enforcing said Ordinance No. maintena and, of violation maintena
4760 from and after July 8, 1963.
nce of according formality of nce of
Primarily what calls for a reversal of establish to the of a constituti establish
such a decision is the absence of any ments, explanato hearing. onal due ments,
evidence to offset the presumption of and the ry note, Substanti process and the
validity that attaches to a challenged
statute or ordinance “full rate are being ve Due for being “full rate
of devoted. Process: reasonabl of
The challenged ordinance then payment” Taxation Substanti e and the payment”
"proposes to check the clandestine
harboring of transients and guests of
- Holmes- may be ve due ordinance - Holmes-
these establishments by requiring these “We made to process is enjoys “We
transients and guests to fill up a agree to implemen complete the agree to
registration form, prepared for the all the t a police s the presumpti all the
purpose, in a lobby open to... public
view at all times, and by introducing
generaliti power protectio on of generaliti
several other amendatory provisions es about and the n constituti es about
calculated to shatter the privacy that not amount, envisione onality not
characterizes the registration of supplying object, d by the absent supplying
transients and guests."... exercise of
the police power, which, it cannot be criminal and due any criminal
too often emphasized, is the power to laws with instance process irregularit laws with
prescribe regulations to promote the what they of clause. It y on its what they
health, morals, peace, good order, omit but taxation is inquires face. omit but
safety and general... welfare of the
people there is dependen whether there is
no canon t upon the Hence, no canon
Issues: against the local governme judgment against
whether Ordinance No. 4760 of the
using legislative nt has of the using
City of Manila is violative of the due common body. sufficient lower common
process clause. sense in Judgment justificati court is sense in
construin of lower on for reversed construin
The... statute here questioned deals
• Ermita – Malate with a subject clearly within the scope
g laws as court depriving and the g laws as
Hotel & Motel of the police power. saying reversed a person injunction saying
Operators v. City what they and of life, issued what they
Mayor, 20 SCRA 849 Ruling: obviously injunction liberty, or lifted obviously
(1967) Public welfare, then, lies at the bottom mean.” lifted. property. forthwith. mean."
 Quezon City (Rep. Act No. 537), and and clause or the convenie
does not reveal any provision that convenie permits, on owner of nce are
would justify the ordinance in
question except the provision nce are and implied the very clear
granting police power to the City. very clear commenc powers of property from said
Section 9 cannot be justified under from said ed the with just requirem
the power granted to Quezon City to requirem operating. municipal compensa ents
tax, fix the license fee, and regulate
such other business, trades, and ents The corporati tion or which are
occupation as may be established or which are sequestra on, not due intended
practised in the City. The power to intended tion of six on any process, to insure
regulate does not include the power to insure percent express would the
to prohibit or confiscate. The
ordinance in question not only the of the provision amount developm
confiscates but also prohibits the developm cemetery of law as to unjust ent of
operation of a memorial park ent of cannot statutory taking of communit
cemetery.
communit even... be basis of a real ies with
Police power is defined by Freund as ies with considere their property. conducive
‘the power of promoting the public salubrious d as exercise Since the and
welfare by restraining and and having of power. property wholeso
regulating the use of liberty and
property’. It is usually exerted in
wholeso been The that is me
order to merely regulate the use and me impliedly clause has needed to environm
enjoyment of property of the owner. environm acknowle always be taken ents and
If he is deprived of his property ents. The dged by received will be the
outright, it is not taken for public
use but rather to destroy in order to beneficiar the broad and used for beneficiar
promote the general welfare. In ies of the private liberal the ies of the
police power, the owner does not regulation responde interpreta public’s regulation
recover from the government for , in turn, nt when it tion but benefit, , in turn,
injury sustained in consequence
thereof. are made accepted the Court then the are made
to pay by the cannot power of to pay by
Under the provisions of municipal the permits stretch it the state the
charters which are known as the subdivisio to to cover to subdivisio
general welfare clauses, a city, by
virtue of its police power, may adopt n commenc this expropria n
ordinances to the peace, safety, developer e particular te will developer
health, morals and the best and when operation taking. come when
highest interests of the municipality.
It is a well-settled principle, growing
individual s. forward individual
out of the nature of well-ordered lots are Therefore and not lots are
• City Govt. of Quezon and society, that every holder of sold to Ruling: , the the police sold to
City vs. Ericta, 122 property, however absolute and may homeown petition is power of home-
be his title, holds it under the
SCRA 759 (1983) implied liability that his use of it ers. Principles: denied. the state. owners.
 easement resulting in a considere easement
restriction or limitation on d a of right-
property rights over the waiver. of-way is
land traversed by But while definitely
transmission lines, as in the this a taking
present case, also falls presumed under the
within the ambit of the waiver is power of
term “expropriation.” a bar to eminent
While it is true that his action domain.
petitioner only after a right- to Consideri
of-way easement, it disposses ng the
nevertheless perpetually s the nature
deprives defendants of company, and effect
their proprietary rights as he is not of the
manifested by the deprived installatio
imposition by the plaintiff of his n of the
upon defendants that action for 230 KV
below said transmission damages Mexico-
lines. Normally, of course, for the Limay
the power of eminent value of transmissi
domain results in the taking the land, on lines,
or appropriation of title to, or for the
and possession of, the injuries limitation
expropriated property; but done him imposed
no cogent reason appears by the by NPC
why said power may not be constructi against
availed of to impose only a on or the use of
burden upon the owner of operation the land
condemned property, of the for an
without loss of title and road.” (St. indefinite
possession. It is Julien v. period
unquestionable that real Morgan deprives
property may, through etc., private
• Napocor v. San expropriation, be subjected Railroad responde
Pedro, G.R. No. to an easement of right-of- Co., nts of its
170945, September way.” 35La.Ann. ordinary
26, 2006 , 924.) use.
 P75,000.00 promotional fees were light of and e with law
paid to the aforenamed individuals. the intangible as any
the payees duly reported their efforts benefits arbitrarin
respective shares of the fees in their exerted intended ess will
income tax returns and paid the by the to negate
corresponding taxes thereon. payees in improve the very
no distribution of... dividends was inducing the lives reason for
involved. investors of the governme
and people nt itself. It
Issues: prominen and is
whether or not the Collector of t enhance therefore
Internal Revenue correctly disallowed business their necessary
the P75,000.00 deduction claimed by men to moral and to
private respondent Algue as legitimate
business expenses in its income tax
venture in material reconcile
returns. an values, the
experime This apparentl
Ruling: ntal symbiotic y
It is true that as a rule the warrant of
enterpris relationsh conflictin
distraint and levy... is "proof of the e and ip is the g
finality of the assessment"[8] and involve rationale interests
"renders hopeless a request for themselv of of the
reconsideration,"[9] being "tantamount
to an outright denial thereof and makes es in a taxation authoritie
the said request deemed rejected."[10] new and s and the
But there... is a special circumstance in business should taxpayers
the case at bar that prevents requiring dispel the so that
application of this accepted doctrine.
millions erroneous the real
four days after the private respondent of pesos. notion purpose
received the petitioner's notice of This was that it is of
assessment, it filed its letter of protest. no mean an taxation,
apparently not taken into account feat and arbitrary which is
before the warrant of distraint and levy should method the
was issued be, as it of promotio
During the intervening period, the
was, exaction n of the
warrant was premature and could sufficientl by those common
therefore not be served. y in the good,
• CIR vs. Algue, Inc., recompen seat of may be
the protest filed by private respondent
158 SCRA 9 (1988) was not pro forma and was based on sed. power. achieved.
said
Article 2.
There is
that
possibility
, of
course,
although
not
suggested
by the
parties
that a law
could be
rendered
unenforce
able by a
mere
refusal of
the
executive,
for
whatever
reason, to
cause its
publicatio
n as
required.
This is a
matter,
however,
that we
do not
need to
examine
at this
time.