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Alvarez v. Guingona

G.R. No. 118303 January 31, 1996

Hermosisima, Jr., J.

FACTS:

On April 18, 1993, HB No. 8817, entitled An Act Converting the Municipality of Santiago into an

Independent Component City to be known as the City of Santiago, was filed in the House of

Representatives. Meanwhile, on May 19. 1993, SB No. 1243, a counterpart of the HB, was filed in the

Senate. On March 22, 1994, the House of Representatives, upon being apprised of the action of the

Senate, approved the amendments proposed by the Senate.

ISSUE: WON RA 7720 is invalid for not originating from the House of Representatives

HELD:

No. It was clear that HB No. 8817 was filed in the House of Representatives first before SB No. 1243 was

filed in the Senate. Thus, HB No. 8817 was the bill that initiated the legislative process that culminated in

the enactment of Republic Act No. 7720. No violation of Section 24, Article VI, of the 1987 Constitution

is perceptible under the circumstances attending the instant controversy. The Constitution does not

prohibit the filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House,

so long as action by the Senate as a body is withheld pending receipt of the House bill.

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Garcia v. Mata

G.R. No. L-33713 July 30, 1975

CASTRO,J.

FACTS:

Garcia was a reserve officer on active duty with the Armed Forces of the Philippines until his reversion to

inactive status. Petitioner brought an action for "Mandamus and Recovery of a Sum of Money" in the

court a quo to compel the respondents Secretary of National Defense and Chief of Staff of the Armed

Forces of the Philippines to reinstate him in the active commissioned service of the Armed Forces of the

Philippines, to readjust his rank, and to pay all the emoluments and allowances due to him from the

time of his reversion to inactive status.

Garcia claims that his reversion to inactive status is violation of RA 1600 which prohibits the reversion of

officers with at least 10 years of service.

ISSUE: WON Paragraph 11 of RA No.1600 is unconstitutional

HELD:

Yes. A perusal of the challenged provision of R.A. 1600 fails to disclose its relevance or relation to any

appropriation item therein, or to the Appropriation Act as a whole. While R.A. 1600 appropriated money

for the operation of the Government for the fiscal year 1956-1957, the said paragraph 11 refers to the

fundamental government policy matters of the calling to active duty and the reversion to inactive status

of reserve officers in the AFP. It was indeed a non-appropriation item inserted in an appropriation

measure in violation of the constitutional inhibition against "riders" to the general appropriation act.

The paragraph in question also violates Art. VI, Sec. 1 Paragraph 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." The subject of R.A. 1600, as expressed in its title, is restricted to "appropriating funds for

the operation of the government." Any provision contained in the body of the act that is fairly included

in this restricted subject or any matter properly connected therewith is valid and operative. But, if a

provision in the body of the act is not fairly included in this restricted subject, like the provision relating

to the policy matters of calling to active duty and reversion to inactive duty of reserve officers of the

AFP, such provision is inoperative and of no effect.

.

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PHILCONSA v. Gimenez

G.R. No. L-23326 December 18, 1965

Regala, J.

FACTS:

The Philippine Constitution Association, Inc. (Philconsa, for short), a non-profit civic organization, assails

the constitutionality of Republic Act No. 3836 "insofar as the same allows retirement gratuity and

commutation of vacation and sick leave to Senators and Representatives, and to the elective officials of

both houses (of Congress).

ISSUE: WON the title of Republic Act No. 3836 is germane to the subject matter expressed in the act.

HELD:

Yes. It is to be observed that under Republic Act 3836, amending the first paragraph of section 12,

subsection (c) of Commonwealth Act 186, as amended by Republic Acts Nos. 660 and. 3096, the

retirement benefits are granted to members of the Government Service Insurance System, who have

rendered at least twenty years of 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 Republic Act

3836 refers to members of Congress and to elective officers thereof who are not members of the

Government 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.

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Tio V. Videogram Regulatory Board

G.R. No. L-75697 June 18, 1987

Melencio-Herrera, J.

FACTS:

The petitioner on his own behalf and purportedly on behalf of other videogram operators adversely affected,

assails the constitutionality of Presidential Decree No. 1987 entitled "An Act Creating the Videogram

Regulatory Board" with broad powers to regulate and supervise the videogram industry. A month after the

promulgation of the decree, PD 1994 amended the National Internal Revenue Codeprovided that:

"SEC. 134. Video Tapes. There shall be collected on each processed video-tape cassette, ready for

playback, regardless of length, an annual tax of five pesos; Provided, That locally manufactured or

imported blank video tapes shall be subject to sales tax."

"Section 10. Tax on Sale, Lease or Disposition of Videograms. Notwithstanding any provision of law to

the contrary, the provinceshall collect a tax of thirty percent (30%) of the purchase price orrental rate,

as the case may be, for every sale, lease or disposition of a videogram containing a reproduction of any

motion picture or audiovisual program.

Petitioner's contended that the tax provision of the decree is a rider.

ISSUE:.

Whether or not the DECREE is constitutional.

HELD:

Yes. The foregoing provision is allied and germane to, and is reasonably necessary for the

accomplishment of, the general object of the DECREE, which is the regulation of the video industry

through the Videogram Regulatory Board as expressed in its title. The tax provision is not inconsistent

with, nor foreign to that general subject and title. As a tool for regulation it is simply one of the

regulatory and control mechanisms scattered throughout the DECREE.

The levy of the 30% tax is for a public purpose. It was imposed primarily to answer the need for

regulating the video industry, particularly because of the rampant film piracy, the flagrant violation of

intellectual property rights, and the proliferation of pornographic video tapes. And while it was also an

objective of the DECREE to protect the movie industry, the tax remains a valid imposition.