Zacarias Villavicencio

7/17/2019 Zacarias Villavicencio

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ZACARIAS VILLAVICENCIO, ET AL v. JUSTO LUKBAN, ET ALENBANCG.R. No. L-14639 Mar! "#, 1919$ONENTE% J. MALCOLM

&ACTS%

• Justo Lukban as Manila City's Mayor together with Anton Hohmann, the city's Chief of Police, took custody ofabout 1! women at the night of "ctober #$, 1%1& beyond the womens consent and knowledge(

• )aid women are inmates of the houses of *rostitution situated in +ardenia )treet, in the district of )am*aloc,

Manila(• hereafter the women were shi**ed to Mindanao s*ecifically in -a.ao where they were signed as laborers(

• he *ur*ose of sending this women to da.ao is to e/terminate .ice, ordered the segregated district for womenof ill re*ute, which had been *ermitted for a number of years(

• hat when the women, its relati.e and lawyers filed for habeas cor*us, the City of Manila Mayor and *olicemo.ed to dismiss the case saying that those women were already out of their 0urisdiction and that , it should be filed inthe city of -a.ao instead(

ISSUE RELEVANT TO SECTION 1 ARTICLE II o' (!) Co*+(((o*

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OTER ISSUE

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EL/%

> he *etition was granted. 3es*ondent Lukban is found in contem*t of court for not following the order of the court to*roduce the body of the women and shall *ay into the office of the clerk of the )u*reme Court within fi.e days the sumof one hundred *esos ?P1!!@

RATIO%

1( "n the first issue, the courts decision is based on the *rinci*le of 3e*ublicanism wherein "urs is a go.ernment oflaws and not of menB

Law defines power. Centuries ago Magna Charta decreed that”No freeman shall be taken, or imprisoned, or bedisseized of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any other wise destroyed nor will we

pass upon him nor condemn him, but by lawful !udgment of his peers or by the law of the land . No official, no matterhow high, is above the law. The courts are the forum which functionate to safeguard individual liberty and to

punish official transgressors

#( "n the second issue, the court belie.ed that the true *rinci*le should be that, if the res*ondent ?Mayor Lukban@ iswithin the 0urisdiction of the court and has it in his *ower to obey the order of the court and thus to undo the wrong thathe has inflicted, he should be com*elled to do so( he writ of habeas corpus was de.ised and e/ists as a s*eedy andeffectual remedy to relie.e *ersons from unlawful restraint, and as the best and only sufficient defense of *ersonalfreedom( Any further rights of the *arties are left untouched by decision on the writ, whose *rinci*al *ur*ose is to set theindi.idual at liberty(

( 9n other words, I' (!) 0aor a*2 (!) !)' o' o), a(*5 *2)r *o a(!or( o' a, o2 2)or( (!)+) o0)*'ro0 (!) ( o' Ma*a (o /avao, (!) +a0) o''a+ 0+( *))++ar !av) (!) +a0) 0)a*+ (o r)(r* (!)0 'ro0/avao (o Ma*a. T!) r)+o*2)*(+, (!* (!) r)a! o' ro)++, 0a *o( 7) )r0(()2 (o r)+(ra* a ')o (8)*o' !)r 7)r( 7 'or*5 !)r (o !a*5) !)r 2o0) a*2 (o avo (!) a( (! 0*( * (!) or(+, !) (!))r+o* !o !a+ o+( !)r 7r(!r5!( o' 7)r( !a+ *o )'')(v) r)or+). T!) 5r)a( r( o' 7)r( 0a *o( (!+ 7))a+ )va2)2.

NOTE%

ABEAS COR$US a+ 2)'*)2 7 (!) Ba La /(o*ar

L()ra 0)a*+- :T!a( o !av) (!) 7o2;< I( + a r( )0o)2 (o 7r*5 a )r+o* 7)'or) a or(, 0o+( 'r)<)*( (o )*+r) (!a( (!) ar(=+ 0r+o*0)*(

or 2)()*(o* + *o( )5a.< I* a22(o* (o 7)*5 +)2 (o ()+( (!) )5a( o' (!) arr)+( or o00(0)*(, (!) r( 0a7) +)2 (o o7(a* r)v)

o' >1? (!) r)5ar( o' (!) )@(ra2(o* ro)++ >"? (!) r5!( (o or a0o*( o' 7a or >3? (!) r+2(o* o' a or((!a( !a+ 0o+)2 a r0*a +)*()*).

< I* o(!)r or2+, ( + a r( !! o0) +o0)o*) (o ro2) (!) 7o2 o' (!) )r+o* *2)r (!) *a0) o' (!)a.

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)ummary of "oungstown #heet $ %ube Co. &. #awyer , D 6()( $%, # )(Ct( &E, %E L(2d( 11$ ?1%$#@(

he )teel )eiFure Case

&a(+

he 7orean war effort increased the demand for steel( -is*utes arose between steel industry management and labor

that culminated in an announcement of a strike by the union( President ruman authoriFed )ecretary of Commerce

)awyer to take *ossession of the steel industry and kee* the mills o*erating(

I++)

• -oes the President of the 6nited )tates ha.e e/ecuti.e *ower under the war *owers clause of the 6()(Constitution, or any im*lied *owers gleaned therefrom, to authoriFe the )ecretary of Commerce to seiFe thenations steel mills=

o2*5 a*2 R) >Ba?

• 4o( he President does not ha.e im*licit or e/*licit e/ecuti.e *ower under the war *owers clause of the 6()(Constitution, or any im*lied *owers gleaned therefrom, to authoriFe the )ecretary of Commerce to seiFe thenations steel mills(

he court held that there was no e/*licit statute or act of Congress which authoriFed the President to act in such a

manner( he only two statutes which authoriFed the acGuisition of *ersonal and real *ro*erty were not met here( 4ot

only were such acts unauthoriFed, Congress s*ecifically refused to grant such authoriFation( he court held that in order

for the President to ha.e this authority, it must be found somewhere e/*licitly in the Constitution, or im*licitly in some

historical conte/t or foundation(

he President cannot order *olicy he can only suggest it( Congress can a**ro.e any *ro*osal for regulation, *olicy,

settlement of dis*utes, wages, and working conditions( 4one of this is delegated to the President( 6nder a te/tual

a**roach to inter*reting the Constitution the Presidents *owers are curbed in this e/tension(

/++)*( >V*+o*, R))2, a*2 M*(o*?

Many *residents ha.e taken such action before, most notably Lincoln ?Ci.il ar, na.al blockade, 2manci*ationProclamation@, Hayes and Cle.eland ?authoriFation of the use of the military to settle strikes@ without state or legislati.e

authority(

Co*rr)*) >&ra*'r()r?

:-3s actions during the +reat -e*ression resulted in e/tensions of e/ecuti.e authority, but his authority was not

.iolati.e of the Constitution( hree laws had already been enacted by Congress when :-3 enacted his *olicy, and si/

others were only enacted after Congress declared war, thereby falling under the war *owers(B

Co*rr)*) >Ja+o*?

9n determining whether the e/ecuti.e has authority, there are three general circumstancesI

1( hen the President acts *ursuant to an e/*ress or im*lied authoriFation of Congress, the Presidents authorityis at its greatest(

#( hen the President acts in the absence of either a congressional grant or denial of authority, he can only relyu*on his own inde*endent *owers, but there is a Fone in which he and Congress may ha.e concurrent authority(hen this is the case, the test de*ends on the im*erati.es of e.ents and contem*orary im*onderables rather thanon abstract theories of law(

( hen the President takes measures incom*atible with the e/*ressed or im*lied will of Congress, the authorityof the President is at its lowest(

Justice Jackson stated that this case falls into category three( 9f the Presidents argument were acce*ted the e/ecuti.e

branch could e/ert its authority o.er any business or industry(



Bo+!)r v. S*ar

:AC)

An Act *assed by Congress *ermitted certain le.els of budgetary deficit, with the e.entual goal of eliminating the deficit

altogether( he act *ro.ided that if deficit le.els e/ceeded a *articular le.el, there would be across the board cuts,

which would be recommended by the "M8 and C8" directors and e.aluated by the Com*troller +eneral who then

made a recommendation to the President( he President would then be reGuired to create an e/ecuti.e order to make

cuts *ursuant to the Com*trollers recommendation( 9f Congress in the meantime decided to make the a**ro*riate le.el

cuts before the Com*tollers recommendation reached the Presidents desk, those would go in effect instead( he

Com*troller is classified as an official of the legislature(

9))62

?1@ hether the Com*trollers *owers of e.aluating the budgetary cuts recommended by the "M8 and C8", for which

the President must e/ecute is an unconstitutional delegation of e/ecuti.e authority to an official outside the e/ecuti.e

branch(

?#@ hether Congress can remo.e the Com*troller who is assigned to e/ecuti.e tasks by im*eachment(

H"L-94+KA4AL5)9)

?1@ 5es, law .alidated( Congress cannot delegate e/ecuti.e authority to an agent of the legislature( his, in effect,

takes away *ower for the e/ecuti.e( he Com*trollers role in e.aluating the budget cuts recommended by the "M8

and C8" directors would be constitutional, were his recommendations not binding on the President( he role of the

Com*troller, in this instance, is the .ery essenceB of e/ecuti.e *ower( he e/ecuti.e acts as an e/ecuti.e when heinter*rets an Act for its e/ecution, then commands the e/ecuti.e branch to e/ecute the law as he determines(

?#@ 4o, law in.alidated( +i.ing Congress im*eachment *ower of a federal official tasked with the e/ecution of laws,

effecti.ely makes the officer res*onsi.e only to Congress( ith the threat of 0ob loss looming, the official is not able to

faithfully e/ecute the laws( he im*eachment *ower, therefore, gi.es Congress e/ecuti.e authority it should not ha.e

by beholding the officer to their will As such, the im*eachment *ower is contrary to the se*aration of *owers doctrine(



)enate .s( 2rmita , +3 1E%, A*ril #!, #!!E

:AC)Ihis is a *etition for certiorari and *rohibition *roffer that the President has abused *ower by issuing 2("( DED 2nsuring"bser.ance of the Princi*les of )e*aration of Powers, Adherence to the 3ule on 2/ecuti.e Pri.ilege and 3es*ect forthe 3ights of Public "fficials A**earing in Legislati.e 9nGuiries in Aid of Legislation 6nder the Constitution, and for "ther Pur*osesB( Petitioners *ray for its declaration as null and .oid for being unconstitutional(9n the e/ercise of its legislati.e *ower, the )enate of the Phili**ines, through its .arious )enate Committees, conductsinGuiries or in.estigations in aid of legislation which call for, inter alia, the attendance of officials and em*loyees of thee/ecuti.e de*artment, bureaus, and offices including those em*loyed in +o.ernment "wned and ControlledCor*orations, the Armed :orces of the Phili**ines ?A:P@, and the Phili**ine 4ational Police ?P4P@(he Committee of the )enate issued in.itations to .arious officials of the 2/ecuti.e -e*artment for them to a**ear asresource s*eakers in a *ublic hearing on the railway *ro0ect, others on the issues of massi.e election fraud in thePhili**ine elections, wire ta**ing, and the role of military in the so<called +loriagate )candalB()aid officials were not able to attend due to lack of consent from the President as *ro.ided by 2("( DED, )ection which

reGuires all the *ublic officials enumerated in )ection #?b@ to secure the consent of the President *rior to a**earingbefore either house of Congress(

9))62I9s )ection of 2("( DED, which reGuires all the *ublic officials, enumerated in )ection #?b@ to secure the consent of thePresident *rior to a**earing before either house of Congress, .alid and constitutional=

36L94+I4o( he enumeration in )ection # ?b@ of 2("( DED is broad and is co.ered by the e/ecuti.e *ri.ilege( he doctrine ofe/ecuti.e *ri.ilege is *remised on the fact that certain information must, as a matter of necessity, be ke*t confidential in*ursuit of the *ublic interest( he *ri.ilege being, by definition, an e/em*tion from the obligation to disclose information,in this case to Congress, the necessity must be of such high degree as to outweigh the *ublic interest in enforcing thatobligation in a *articular case(

Congress undoubtedly has a right to information from the e/ecuti.e branch whene.er it is sought in aid of legislation( 9fthe e/ecuti.e branch withholds such information on the ground that it is *ri.ileged, it must so assert it and state thereason therefor and why it must be res*ected(he infirm *ro.isions of 2("( DED, howe.er, allow the e/ecuti.e branch to e.ade congressional reGuests for informationwithout need of clearly asserting a right to do so andKor *roffering its reasons therefor( 8y the mere e/*edient ofin.oking said *ro.isions, the *ower of Congress to conduct inGuiries in aid of legislation is frustrated(



'( )hil. *+' )olitical Law -irst mergency )owers Cases

Antonio Araneta is being charged for allegedly .iolating of 2/ecuti.e "rder E# which regulates rentals for houses and

lots for residential buildings( Judge 3afael -inglasan was the 0udge hearing the case( Araneta a**ealed seeking to

*rohibit -inglasan and the :iscal from *roceeding with the case( He a.erred that 2" E# was issued by .irtue of

Commonwealth Act ?CA@ 4o( E1 which he claimed ceased to e/ist, hence, the 2" has no legal basis(

hree other cases were consolidated with this one( L<!$$ which is an a**eal by Leon Ma( +uerrero, a shoe e/*orter,

against 2" 1%# which controls e/*orts in the Phili**ines he is seeking to ha.e *ermit issued to him(

L<!$D is filed by 2ulogio 3odrigueF to *rohibit the treasury from disbursing funds from D%<$!N *ursuant to 2" ##$(

L<!$E filed by Antonio 8arredo is attacking 2" ##E which was a**ro*riating funds to hold the national elections(

hey all a.er that CA E1, otherwise known as A4 AC -2CLA394+ A )A2 ": "AL 2M23+24C5 A) A 32)6L

": A3 94;"L;94+ H2 PH9L9PP942) A4- A6H"39O94+ H2 P32)9-24 " P3"M6L+A2 36L2) A4-

32+6LA9"4) " M22 )6CH 2M23+24C5 or sim*ly the 2mergency Powers Act, is already ino*erati.e and that

all 2"s issued *ursuant to said CA had likewise ceased(

ISSUE% hether or not CA E1 has ceased(

EL/% 5es( CA E1, which granted emergency *owers to the *resident, became ino*erati.e ex proprio &igore when

Congress met in regular session on May #$, 1%DE, and that 2/ecuti.e "rders 4os( E#, 1%#, ##$ and ##E were issued

without authority of law( 9n setting the first regular session of Congress instead of the first s*ecial session which*receded it as the *oint of e/*iration of the Act, the )C is gi.ing effect to the *ur*ose and intention of the 4ational

Assembly( 9n a s*ecial session, the Congress may consider general legislation or only such sub0ects as he ?President@

may designate(B )uch acts were to be good only u* to the corres*onding dates of ad0ournment of the following sessions

of the Legislature, unless sooner amended or re*ealed by the 4ational Assembly(B 2.en if war continues to rage on,

new legislation must be made and a**ro.ed in order to continue the 2PAs, otherwise it is lifted u*on recon.ening or

u*on early re*eal(



Phili**ines 9nterisland )hi**ing Association .s CA

9t came to *ass that a res*onse from a clamor of harbour *ilots for an increase in *ilotage rates was gi.en by the thenPresident Marcos through the issuance of an 2(" 4o( 1!&& $ROVI/ING &OR UNI&ORM AN/ MO/I&IE/ RATES&OR $ILOTAGE SERVICES REN/ERE/ TO &OREIGN AN/ COASTISE VESSELS IN ALL $RIVATE AN/ $UBLIC$ORTS. T!) )@)(v) or2)r *r)a+)2 +7+(a*(a (!) ra()+ o' (!) )@+(*5 o(a5) '))+ r)vo+ '@)2 7(!) $$A.; /r*5 (!a( (0) (!) $r)+2)*( a+ )@)r+*5 )5+a(v) o)r a*2 a+ a(!or8)2

Howe.er, PPA was reluctant to enforce the same arguing that it was issued hastily and it was 0ust an Administrati.e"rder whereby PPA has the *ower to re.ised 2" 1!&& which it did so by issuing A("( 4o( D<&E, !! '@)2 o)rra()+ o' o(a5) '))+, a*2 )v)* )*(r) )'( (!) '))+ (o 7) a2 'or o(a5) (o (!) a5r))0)*( o' (!) ar()+ (o ao*(ra(..

Actually Phili**ine 9nterisland )hi**ing Association of the Phili**ines is 0us an inter.enor in the factual milieu that leadus to this issue( :or Pur*oses of Admin Law we should not care about it(

9ssueI 9s 2("( 4o( 1!&& an Administrati.e "rder and by .irtue of which PPA has the *ower to modify the same(

HeldI 2" 1!&& is a law(

T!) '@*5 o' ra()+ + )++)*(a a )5+a(v) o)r.

+ *o 7a++ 'or )((o*)r+ ar50)*( (!a( ra() '@*5 + 0)r) a* )@)r+) o' a20*+(ra(v) o)r, (!a( '$r)+2)*( Maro+ !a2 o)r (o r)v+) (!) ra()+ r)vo+ '@)2 7 (!) $$A (!ro5! (!) ++a*) o' E.O. No.1D, (!) $$A o2 * (r* r)v+) (!o+) '@)2 7 (!) $r)+2)*(, a+ (!) $$A a(a 22 * A.O. No. 43-6, !!'@)2 o)r ra()+ o' o(a5) '))+, a*2 )v)* )*(r) )'( (!) '))+ (o 7) a2 'or o(a5) (o (!) a5r))0)*( o' (!)ar()+ (o a o*(ra(. T!) or2)r+ r)vo+ ++)2 7 (!) $$A )r) * (!) *a(r) o' +7or2*a() )5+a(o*,ro05a()2 7 ( * (!) )@)r+) o' 2))5a()2 o)r. A+ +! (!)+) o2 o* 7) a0)*2)2 or r)v+)2 7 a,a+ (!) $r)+2)*( 22 7 E.O. No. 1D.

I( + *o( a* a*+)r (o +a (!a( E.O. No. 1D +!o2 *o( 7) o*+2)r)2 a +(a(() 7)a+) (!a( o2 0 (!)

(!2raa o' o)r 'ro0 (!) $$A. !a( 2)()r0*)+ !)(!)r a* a( + a a or a* a20*+(ra(v) ++a*) +

*o( (+ 'or0 7( (+ *a(r). )r), a+ ) !av) ar)a2 +a2, (!) o)r (o '@ (!) ra()+ o' !ar5)+ 'or +)rv)+,

*2*5 o(a5) +)rv), !a+ aa+ 7))* r)5ar2)2 a+ )5+a(v) * !ara()r.

>No()% Bo2 )(()r+ ar) o)2 'ro0 (!) Or5*a Sr)0) Cor( 2)+o*?



/0 )hil. +1* )olitical Law #econd mergency )owers Cases

2ulogio 3odrigueF et al seek to in.alidate 2/ecuti.e "rders $D$ and $DE issued in 1%$#, the first a**ro*riating the sum

of P,&$!,$!! for urgent and essential *ublic works, and the second setting aside the sum of P11,E,E!! for relief inthe *ro.inces and cities .isited by ty*hoons, floods, droughts, earthGuakes, .olcanic action and other calamities( hey

sought to ha.e ;icente +ella, then 4ational reasurer, be en0oined from releasing funds *ursuant to said 2"s( hese

2"s were *ursuant to Commonwealth Act E1( 4ote that *rior to 2raneta &s 3inglasan, Congress *assed House 8ill

# intending to re.oke CA E1 but the same was .etoed by the President due to the 7orean ar and his *erce*tion

that war is still subsisting as a fact( 4ote also that CA E1 was already declared ino*erati.e by the )u*reme Court in the

same case of 2raneta &s 3inglasan(

ISSUE% hether or not the 2"s are .alid(

EL/% 4o( As similarly decided in the 2raneta case, the 2"s issued in *ursuant to CA E1 shall be rendered

ineffecti.e( he *resident did not in.oke any actual emergencies or calamities emanating from the last world war forwhich CA E1 has been intended( ithout such in.ocation, the .eto of the *resident cannot be of merit for the

emergency he feared cannot be attributed to the war contem*lated in CA E1( 2.en if the *resident .etoed the

re*ealing bill the intent of Congress must be gi.en due weight( :or it would be absurd to contend otherwise( :or while

Congress might delegate its *ower by a sim*le ma0ority, it might not be able to recall them e/ce*t by two<third .ote( 9n

other words, it would be easier for Congress to delegate its *owers than to take them back( his is not right and is not,

and ought not to be the law(B Act 4o( E1 may be likened to an ordinary contract of agency, whereby the consent of the

agent is necessary only in the sense that he cannot be com*elled to acce*t the trust, in the same way that the *rinci*al

cannot be forced to kee* the relation in eternity or at the will of the agent( 4either can it be suggested that the agency

created under the Act is cou*led with interest(

Miners Association of the Phili**ines .( :actoran, Case -igest+(3( 4o( %&# January 1E, 1%%$

:acts I

:ormer President CoraFon AGuino issued 2/ecuti.e "rder 4os #11 and #% in the e/ercise of her legislati.e *owers(2" 4o( #11 *rescribes the interim *rocedures in the *rocessing and a**ro.al of a**lications for the e/*loration,de.elo*ment and utiliFation of minerals *ursuant to )ection #, Article 99 of the 1%& Constitution( 2" 4o( #%authoriFes the -243 )ecretary to negotiate and conclude 0oint<.enture, co<*roduction, or *roduction< sharingagreements for the e/*loration, de.elo*ment, and utiliFation of mineral resources(

he issuance and the im*eding im*lementation by the -243 of Administrati.e "rder 4os( $ which declares that alle/isting mining leases or agreements which were granted after the effecti.ity of the 1%& ConstitutionQshall be

con.erted into *roduction<sharing agreements within one ?1@ year from the effecti.ity of these guidelines(B and Administrati.e "rder 4o( &# which *ro.ides that a failure to submit Letter of 9ntent and Mineral Production<)haring Agreement within # years from the effecti.ity of the -e*artment Administrati.e "rder 4o( $ shall cause theabandonment of the mining, Guarry, and sand and gra.el claims, after their res*ecti.e effecti.ity dates com*elled theMiners Association of the Phili**ines, 9nc(, an organiFation com*osed of mining *ros*ectors and claim owners andclaim holders, to file the instant *etition assailing their .alidity and constitutionality before this Court(

9ssue I Are the two -e*artment Administrati.e "rders .alid=

3uling I

5es( Petitioner's insistence on the a**lication of Presidential -ecree 4o( DE, as amended, as the go.erning law on the

acce*tance and a**ro.al of declarations of location and all other kinds of a**lications for the e/*loration, de.elo*ment,and utiliFation of mineral resources *ursuant to 2/ecuti.e "rder 4o( #11, is erroneous( Presidential -ecree 4o( DE, asamended, *ertains to the old system of e/*loration, de.elo*ment and utiliFation of natural resources through Rlicense,concession or leaseR which, howe.er, has been disallowed by Article 99, )ection # of the 1%& Constitution( 8y .irtue of the said constitutional mandate and its im*lementing law, 2/ecuti.e "rder 4o( #% which su*erseded 2/ecuti.e "rder4o( #11, the *ro.isions dealing on Rlicense, concession or leaseR of mineral resources under Presidential -ecree 4o(DE, as amended, and other e/isting mining laws are deemed re*ealed and, therefore, ceased to o*erate as thego.erning law( 9n other words, in all other areas of administration and management of mineral lands, the *ro.isions ofPresidential -ecree 4o( DE, as amended, and other e/isting mining laws, still go.ern( )ection of 2/ecuti.e "rder 4o(#% *ro.ides, thusI)ec( ( All *ro.isions of Presidential -ecree 4o( DE, as amended, other e/isting mining laws, and their im*lementingrules and regulations, or *arts thereof, which are not inconsistent with the *ro.isions of this 2/ecuti.e "rder, shall

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continue in force and effect(

ell <settled is the rule, howe.er, that regardless of the reser.ation clause, mining leases or agreements granted by the)tate, such as those granted *ursuant to 2/ecuti.e "rder 4o( #11 referred to this *etition, are sub0ect to alterationsthrough a reasonable e/ercise of the *olice *ower of the )tate(

Accordingly, the )tate, in the e/ercise of its *olice *ower in this regard, may not be *recluded by the constitutionalrestriction on non<im*airment of contract from altering, modifying and amending the mining leases or agreementsgranted under Presidential -ecree 4o( DE, as amended, *ursuant to 2/ecuti.e "rder 4o( #11( Police Power, being co<e/tensi.e with the necessities of the case and the demands of *ublic interest e/tends to all the .ital *ublic needs( he*assage of 2/ecuti.e "rder 4o( #% which su*erseded 2/ecuti.e "rder 4o( #11 *ro.ided legal basis for the -243)ecretary to carry into effect the mandate of Article 99, )ection # of the 1%& Constitution(

H232:"32, the *etition is -9)M9))2- for lack of merit(

RESTITUTO FNOT, )((o*)r, v. INTERME/IATE A$$ELLATE COURT, TE STATION COMMAN/ER,INTEGRATE/ NATIONAL $OLICE, BAROTAC NUEVO, ILOILO a*2 (!) REGIONAL /IRECTOR, BUREAU O&ANIMAL IN/USTRF, REGION IV, ILOILO CITF, r)+o*2)*(+.

G.R. No. 44#. Mar! "D, 19

CRUZ, J.%

&ACTS%

Petitioner in this case trans*orted si/ carabaos in a *um* boat from Masbate to 9loilo on January 1, 1%&D, when theywere confiscated by the *olice station commander of 8arotac 4ue.o, 9loilo for the .iolation of 2("( 4o( E#E<A which*rohibits the slaughter of carabaos e/ce*t under certain conditions( Petitioner sued for reco.ery, and the trial Court of9loilo issued a writ of re*le.in u*on his filing of a su*ersedeas bond of twel.e thousand *esos ?P 1#, !!!(!!@( Afterconsidering the merits of the case, the court sustained the confiscation of the said carabaos and, since they could nolonger be *roduced, ordered the confiscation of the bond( he court also declined to rule on the constitutionality of the2(", as raised by the *etitioner, for lack of authority and also for its *resumed .alidity(

ISSUE%

hether or not the said 2/ecuti.e "rder is unconstitutional(

RULING%

5es, though *olice *ower was in.oked by the go.ernment in this case for the reason that the *resent condition demandthat the carabaos and the buffaloes be conser.ed for the benefit of the small farmers who rely on them for energyneeds, it does not howe.er, com*ly with the second reGuisite for a .alid e/ercise of the said *ower which is, R that therebe a lawful method.4 he reasonable connection between the means em*loyed and the *ur*ose sought to be achie.edby the Guestioned measure is missing(

he challenged measure is an in.alid e/ercise of Police *ower because the method em*loyed to conser.e the carabaosis not reasonably necessary to the *ur*ose of the law and, worse, is unduly o**ressi.e( o 0ustify the )tate in theim*osition of its authority in behalf of the *ublic, it must beI



1@ he interest of the *ublic generally, as distinguished from those of a *articular class, reGuire such interference#@ that the means em*loyed are reasonably necessary for the accom*lishment of the *ur*ose, and not undulyo**ressi.e u*on indi.iduals(

+ualberto -e La Llana .s Manuel Alba

550 #C62 0/( )olitical law Constitutional Law )olitical 7uestion if there is no 8uestion of law in&ol&ed 9) 50/

9n 1%&1, 8atas Pambansa 8lg( 1#%, entitled An Act 3eorganiFing the Judiciary, A**ro*riating :unds herefor and for

"ther Pur*osesB, was *assed( +ualberto -e la Llana, a 0udge in "longa*o, was assailing its .alidity because, first of all,

he would be one of the 0udges that would be remo.ed because of the reorganiFation and second, he said such law

would contra.ene the constitutional *ro.ision which *ro.ides the security of tenure of 0udges of the courts( He a.erred

that only the )u*reme Court can remo.e 0udges 4" the Congress(

ISSUE% hether or not a 0udge like Judge -e La Llana can be .alidly remo.ed by the legislature by such statute ?8P

1#%@(

EL/% 5es( he )C ruled the following wayI :Moreo&er, this Court is empowered :to discipline !udges of inferior courtsand, by a &ote of at least eight members, order their dismissal.” %hus it possesses the competence to remo&e !udges.

;nder the <udiciary 2ct, it was the )resident who was &ested with such power. 6 emoval is, of course, to be

distinguished from termination by virtue of the abolition of the office. There can be no tenure to a non-existent

office. After the abolition, there is in law no occupant. In case of removal, there is an office with an occupant

who would thereby lose his position. It is in that sense that from the standpoint of strict law, the question of

any impairment of security of tenure does not arise. Nonetheless, for the incumbents of inferior courts abolished,

the effect is one of separation. 2s to its effect, no distinction exists between remo&al and the abolition of the office.

6ealistically, it is de&oid of significance. =e ceases to be a member of the !udiciary. >n the implementation of the

assailed legislation, therefore, it would be in accordance with accepted principles of constitutional construction that as

far as incumbent !ustices and !udges are concerned, this Court be consulted and that its &iew be accorded the fullest

consideration. No fear need be entertained that there is a failure to accord respect to the basic principle that this Court

does not render ad&isory opinions. No question of law is involved. >f such were the case, certainly this Court couldnot ha&e its say prior to the action taken by either of the two departments. &en then, it could do so but only by way of

deciding a case where the matter has been put in issue. Neither is there any intrusion into who shall be appointed to the

&acant positions created by the reorganization. %hat remains in the hands of the xecuti&e to whom it properly belongs.

%here is no departure therefore from the tried and tested ways of !udicial power. 6ather what is sought to be achie&ed

by this liberal interpretation is to preclude any plausibility to the charge that in the exercise of the conceded power of

reorganizing the inferior courts, the power of remo&al of the present incumbents &ested in this %ribunal is ignored or

disregarded. %he challenged 2ct would thus be free from any unconstitutional taint, e&en one not readily discernible

except to those predisposed to &iew it with distrust. Moreo&er, such a construction would be in accordance with the

basic principle that in the choice of alternati&es between one which would sa&e and another which would in&alidate a

statute, the former is to be preferred.”



H93A8A5A)H9 .( 6492- )A2)

&a(+ o' (!) Ca+)

9n the wake of the Ja*anese attack on Pearl Harbor, President 3oose.elt acted to *re.ent incidents of sub.ersion and

es*ionage from indi.iduals of Ja*anese descent li.ing in the 6nited )tates( He issued two e/ecuti.e orders which were

Guickly enacted into law( "ne ga.e the )ecretary of ar the *ower to designate certain *arts of the country Rmilitary

areasR and e/clude certain *ersons from them( he second established the ar 3elocation Authority which had the

*ower to remo.e, maintain, and su*er.ise *ersons who were e/cluded from the military areas( +ordon 7iyoshi

Hirabayashi, a student at the 6ni.ersity of ashington, was con.icted of .iolating a curfew and relocation order(

H)+(o*

-id the President's e/ecuti.e orders and the *ower delegated to the military authorities discriminate against Americans

and resident aliens of Ja*anese descent in .iolation of the :ifth Amendment=

Co*+o*

he Court found the President's orders and the im*lementation of the curfew to be constitutional( Chief Justice )tone,

writing for the unanimous Court, took into account the great im*ortance of military installations and wea*ons *roduction

that occurred on the est Coast and the RsolidarityR that indi.iduals of Ja*anese descent felt with their motherland( He

reasoned that restrictions on Ja*anese actions ser.ed an im*ortant national interest( he Court ducked the thorny

relocation issue and focused solely on the curfew, which the Court .iewed as a necessary R*rotecti.e measure(R )toneargued that racial discrimination was 0ustified since Rin time of war residents ha.ing ethnic affiliations with an in.ading

enemy may be a greater source of danger than those of a different ancestry(R



9CH"4+ ;)( H234A4-2O 1!1 PH9L 11$$ L<%%$ 1 MA5 1%$N

&a(+% 3e*ublic Act 11&! or commonly known as An Act to 3egulate the 3etail 8usinessB was *assed( he said law*ro.ides for a *rohibition againstforeigners as well as cor*orations owned by foreigners from engaging from retail tradein our country( his was *rotested by the *etitioner in this case( According to him, the said law .iolatesthe international and treaty of the Phili**ines therefore it is unconstitutional( )*ecifically, the reaty of Amitybetween thePhili**ines and China was .iolated according to him(

I++)% hether or 4ot 3e*ublic Act 11&! is a .alid e/ercise of *olice *ower(

)2% According to the Court, 3A 11&! is a .alid e/ercise of *olice *ower( 9t was also then *ro.ided that *olice *owercan not be bargained away through the medium of a treaty or a contract( he Court also *ro.ided that 3A 11&! wasenacted to remedy a real and actual danger to national economy *osed by alien dominance and control( 9f e.er the lawinfringes u*on the said treaty, the latter is always sub0ect to Gualification or amendment by a subseGuent law and thesame may ne.er curtain or restrict the sco*e of the *olice *ower of the state(

http://cofferette.blogspot.com/2009/02/ichong-vs-hernandez-101-phil-1155-l.html

http://cofferette.blogspot.com/2009/02/ichong-vs-hernandez-101-phil-1155-l.html



IB$ VS ZAMORA+(3( 4o( 1D1#&D August 1$ #!!! Judicial 3e.iew Ci.ilian su*remacy clauseN

&ACTS%

9n.oking his *owers as Commander<in<Chief under )ec 1&, Art( ;99 of the Constitution, President 2strada, in .erbaldirecti.e, directed the A:P Chief of )taff and P4P Chief to coordinate with each other for the *ro*er de*loyment and

cam*aign for a tem*orary *eriod only( he 98P Guestioned the .alidity of the de*loyment and utiliFation of the Marinesto assist the P4P in law enforcement(

ISSUE%

1( o4 the President's factual determination of the necessity of calling the armed forces is sub0ect to 0udicial re.iew(

#( o4 the calling of A:P to assist the P4P in 0oint .isibility *atrols .iolate the constitutional *ro.isions on ci.iliansu*remacy o.er the military(

RULING%

1( he *ower of 0udicial re.iew is set forth in )ection 1, Article ;999 of the Constitution, to witI

)ection 1( he 0udicial *ower shall be .ested in one )u*reme Court and in such lower courts as may be established bylaw(

Judicial *ower includes the duty of the courts of 0ustice to settle actual contro.ersies in.ol.ing rights which are legallydemandable and enforceable, and to determine whether or not there has been gra.e abuse of discretion amounting tolack or e/cess of 0urisdiction on the *art of any branch or instrumentality of the +o.ernment(

hen Guestions of constitutional significance are raised, the Court can e/ercise its *ower of 0udicial re.iew only if thefollowing reGuisites are com*lied with, namelyI ?1@ the e/istence of an actual and a**ro*riate case ?#@ a *ersonal andsubstantial interest of the *arty raising the constitutional Guestion ?@ the e/ercise of 0udicial re.iew is *leaded at the

earliest o**ortunity and ?D@ the constitutional Guestion is the lis mota of the case(

#( he de*loyment of the Marines does not constitute a breach of the ci.ilian su*remacy clause( he calling of theMarines in this case constitutes *ermissible use of military assets for ci.ilian law enforcement( he *artici*ation of theMarines in the conduct of 0oint .isibility *atrols is a**ro*riately circumscribed( 9t is their res*onsibility to direct andmanage the de*loyment of the Marines( 9t is, likewise, their duty to *ro.ide the necessary eGui*ment to the Marines andrender logistical su**ort to these soldiers( 9n .iew of the foregoing, it cannot be *ro*erly argued that military authority issu*reme o.er ci.ilian authority( Moreo.er, the de*loyment of the Marines to assist the P4P does not unmake theci.ilian character of the *olice force( 4either does it amount to an insidious incursionB of the military in the task of lawenforcement in .iolation of )ection $?D@, Article ;9 of the Constitution(

Article I! The "egislative #epartment, $ection % Issues on #elegation of "egislative &ower '(illing in the#etails! authority to reorgani)e*

C!o*57a* v+ Or7o+C!o*57a* - Co*5r)++0a* * (!r2 2+(r(, So(! Co(a7a(o Or7o+ - E@)(v) S)r)(ar

/a() o' $ro05a(o*% <une 00, 5//? $o*)*()% MendozaMo(o*% Certiorari and )rohibition #pecial Ci&il 2ction in the #upreme Court

http://skinnycases.blogspot.com/2013/10/ibp-vs-zamora.html

http://skinnycases.blogspot.com/2013/10/ibp-vs-zamora.html



Ba5ro*29n 1%E&, 3(A( $D$ authoriFed the President of the Phili**ines, with the hel* of Commission on 3eorganiFation, torecogniFe the different e/ecuti.e de*artments, bureaus, offices, agencies, and instrumentalities of the go.ernment,including banking or financial institutions and cor*orations owned or controlled by it( $ro+) a+ (o ro0o()+0(, )o*o0 a*2 )'')* * (!) 5ov)r*0)*(.

&a(+he Congress *assed the Or5a* A( 'or (!) A(o*o0o+ R)5o* * M+0 M*2a*ao >RA 643? *ursuant to

Article 1!, )ection 1& of the Constitution( A *lebiscite was called in some *ro.inces which resulted to D *ro.inces?"anao del $ur, +aguindanao, $ulu and Tawi Tawi @ in fa.or of creating an autonomous region and therefore becamethe A3MM( he 3A says that those *ro.inces and cities who did not .ote in fa.or of it shall remain in their e/istingadministrati.e regions rov2)2, !o)v)r, that the President may merge the e/isting regions through administrati.edetermination( President Cory then issued the 2" containing the *ro.incesKcities that will be merged,B transferring*ro.inces from their e/isting region to another( he *etitioners who are 0)07)r+ o' (!) Co*5r)++ re*resentinglegislati.e districts *rotested the 2/ecuti.e "rder, saying that there is *o a !! a(!or8)+ the President to *ickcertain *ro.inces and cities within e/isting regions and r)+(r(r) them to new administrati.e regions( he transfer ofone *ro.ince under its current region to another ?e/I Misamis "ccidental from 3egion to 9@ is a form ofr)or5a*8a(o*, an alteration of the e/isting structures of the go.ernment( he 3A ED only holds authority of the*resident to 0)r5) )@+(*5 r)5o*+ and cannot be construed as r)or5a*8*5 them(

I++)N (!) o)r (o 0)r5) a20*+(ra(v) r)5o*+ + )5+a(v) >)((o*)r=+ +(a*2? * !ara()r or )@)(v) a+(!) r)+o*2)*(+ o*()*2

S PetitionersI 9t unduly delegates *ower to the President to merge regions through administrati.e determination or at anyrate *ro.ides no standard for the e/ercise of the *ower delegated

S 3es*ondentsI 4o undue delegation but only a grant of *ower to ' or *ro.ide the details of legislation because theCongress did not ha.e the facility to *ro.ide for them

R*5% Petition is -9)M9))2-(

T!) r)a(o* a*2 +7+)<)*( r)or5a*8a(o* o' a20*+(ra(v) r)5o*+ !av) 7))* 7 (!) $r)+2)*( r+a*( (oa(!or( 5ra*()2 (o !0 7 a( 9n conferring on the President the *ower to merge the e/isting regions following theestablishment of the Autonomous 3egion in Muslim Mindanao, Co*5r)++ 0)r) 'oo)2 (!) a(()r* +)( *r)vo+ )5+a(o* 2a(*5 7a (o (!) *(a or5a*8a(o* o' a20*+(ra(v) r)5o*+ * 19" ( ?3A$D$@

his was also the basis for the sufficient standard by which the President is to be guided in the e/ercise of *ower(

)tandard can be gathered or im*lied. )tandard can be found in the same *olicy underlying grant of *ower to thePresident in 3A 4o( $D$ of the *ower to reorganiFe the 2/ecuti.e -e*artmentIto *romote sim*licity, economy,efficiency, in the go.ernment to enable it to *ursue its *rograms consisted with the national goals for accelerated socialand economic de.elo*ment(B

MAIMO CALALANG v+ A. /. ILLIAMS, ET AL.,

G.R. No. 4DD /))07)r ", 194D

/o(r*)% Soa J+()

LA632L, J(I

&a(+%

he 4ational raffic Commission, in its resolution of July 1, 1%D!, resol.ed to recommend to the -irector of the Public

orks and to the )ecretary of Public orks and Communications that animal<drawn .ehicles be *rohibited

from *assing along the following for a *eriod of one year from the date of the o*ening of the Colgante 8ridge to trafficI

1@ 3osario )treet e/tending from PlaFa Calderon de la 8arca to -asmariTas

)treet from I!Am to 1#I! *m and from 1I! *m to $! *m and



#@ along 3iFal A.enue e/tending from the railroad crossing at Anti*olo )treet to

2chague )treet from am to 11*m

he Chairman of the 4ational raffic Commission on July 1&, 1%D! recommended to the -irector of Public orks with

the a**ro.al of the )ecretary of Public orks the ado*tion of

thethemeasure *ro*osed in the resolution aforementioned in *ursuance of the *ro.isions of theCommonwealth Act 4o(

$D& which authoriFes said -irector with the a**ro.al from the

)ecretary of the Public orks and Communication to *romulgate rules and regulations to regulate and control the useof and traffic on national roads(

"n August #, 1%D!, the -irector recommended to the )ecretary the a**ro.al of the recommendations made by the

Chairman of the 4ational raffic Commission with modifications( he )ecretary of Public orks a**ro.ed the

recommendations on August 1!,1%D!( he Mayor of Manila and the Acting Chief of Police of Manila ha.e enforced and

caused to be enforced the rules and regulation( As a conseGuence, all animal<drawn .ehicles are not allowed to *ass

and *ick u* *assengers in the *laces abo.e mentioned to the detriment not only of their owners but of the riding *ublic

as well(

I++)+I

1@ hether the rules and regulations *romulgated by the res*ondents *ursuant to the *ro.isions of Commonwealth Act

4"( $D& constitute an unlawful inference with legitimate business or trade and abridged the right to *ersonal liberty and

freedom of locomotion=

#@ hether the rules and regulations com*lained of infringe u*on the constitutional *rece*t regarding the *romotion

of social 0ustice to insure the well<being and economic security of all the *eo*le=

)2%

1@ 4o( he *romulgation of the Act aims to *romote safe transit u*on and a.oid obstructions on national roads in the

interest and con.enience of the *ublic( 9n enacting said law, the 4ational Assembly was *rom*ted by considerations of

*ublic con.enience and welfare( 9t was ins*ired by the desire to relie.e congestion of traffic, which is a menace to the*ublic safety( Public welfare lies at the bottom of the *romulgation of the said law and the state in order to *romote the

general welfare may interfere with *ersonal liberty, with *ro*erty, and with business and occu*ations( Persons and

*ro*erty may be sub0ect to all kinds of restraints and burdens in order to secure the general comfort, health, and

*ros*erity of the )tate( o this fundamental aims of the go.ernment, the rights of the indi.idual are subordinated( Liberty

is a blessing which should not be made to *re.ail o.er authority because society will fall into anarchy( 4either should

authority be made to *re.ail o.er liberty because then the indi.idual will fall into sla.ery( he *arado/ lies in the fact that

the a**arent curtailment of liberty is *recisely the .ery means of insuring its *reser.ing(

#@ 4o( )ocial 0ustice is neither communism, nor des*otism, nor atomism, nor anarchy,B but the humaniFation of laws

and the eGualiFation of social and economic forces by the )tate so that 0ustice in its rational and ob0ecti.ely secular

conce*tion may at least be a**ro/imated( )ocial 0ustice means the *romotion of the welfare of all the *eo*le, the

ado*tion by the +o.ernment of measures calculated to insure economic stability of all the com*etent elements of

society, through the maintenance of a *ro*er economic and social eGuilibrium in the interrelations of the members of the

community, constitutionally, through the ado*tion of measures legally 0ustifiable, or e/tra<constitutionally, through the

e/ercise of *owers underlying the e/istence of all go.ernments on the time<honored *rinci*les of salus *o*uli

estsu*rema le/(

)ocial 0ustice must be founded on the recognition of the necessity of interde*endence among di.ers and di.erse units of

a society and of the *rotection that should be eGually and e.enly e/tended to all grou*s as a combined force in our

social and economic life, consistent with the fundamental and *aramount ob0ecti.e of the state of *romoting health,

comfort and Guiet of all *ersons, and of bringing about the greatest good to the greatest number(B

O$OSA vs. &ACTORAN+(3( 4o( 1!1!&( July !, 1%%(

&ACTS%he *etitioners, all minors, sought the hel* of the )u*reme Court to order the res*ondent, then )ecretary of -243, tocancel all e/isting imber License Agreement ?LA@ in the country and to cease and desist from recei.ing, acce*ting,*rocessing, renewing or a**ro.ing new LAs( hey alleged that the massi.e commercial logging in the country iscausing .ast abuses on rain<forest(hey further asserted that the rights of their generation and the rights of thegenerations yet unborn to a balanced and healthful ecology( Plaintiffs further assert that the ad.erse and detrimentalconseGuences of continued and deforestation are so ca*able of unGuestionable demonstration that the same may be



submitted as a matter of 0udicial notice( his notwithstanding, they e/*ressed their intention to *resent e/*ert witnessesas well as documentary, *hotogra*hic and film e.idence in the course of the trial(

ISSUE%hether or not the *etitioners ha.e a locus standi(

EL/%he )C decided in the affirmati.e( Locus standi means the right of the litigant to act or to be heard(6nder )ection 1E,

Article 99 of the 1%& constitution, it states thatI he state shall *rotect and ad.ance the right of the *eo*le to a balancedand healthful ecology in accord with the rhythm and harmony of nature( Petitioners, minors assert that they re*resenttheir generation as well as generation yet unborn( e find no difficulty in ruling that they can, for themsel.es, for othersof their generation and for the succeeding generations, file a class suit( heir *ersonality to sue in behalf of thesucceeding generations can only be based on the conce*t of intergenerational res*onsibility insofar as the right to abalanced and healthful ecology is concerned( )uch a right, as hereinafter e/*ounded considers the rhythm andharmony of natureB( 4ature means the created world in its entirety( )uch rhythm and harmony indis*ensably include,inter alia, the 0udicious dis*osition, utiliFation, management, renewal and conser.ation of the countrys forest, mineral,land, waters fisheries, wildlife, off< shore areas and other natural resources to the end that their e/*loration,de.elo*ment and utiliFation be eGuitably accessible to the *resent as well as future generations( 4eedless to say, e.erygeneration has a res*onsibility to the ne/t to *reser.e that rhythm and harmony for the full en0oyment of a balanced andhealthful ecology( Put a little differently, the minors assertion of their right to a sound en.ironment constitutes, at thesame time, the *erformance of their obligation to ensure the *rotection of that right for the generations to come( his

landmark case has been ruled as a class suit because the sub0ect matter of the com*laint is of common and generalinterest, not 0ust for se.eral but for ALL C99O24) ": H2 PH9L9PP942)(

ASSOCIATION O& SMALL LAN/ONERS IN TE $ILI$$INES, )( a., petitioners,

v+.

ONORABLE SECRETARF O& AGRARIAN RE&ORM, respondent.

:AC)he association of the )mall Landowners of the Phili**ines in.okes the right of retention granted by P- # to owners ofrice and corn lands not e/ceeding hectares as long as they are culti.ating on intend to culti.ate the same( heirres*ected lands do not e/ceed the statutory limits but are occu*ied by tenants who re actually culti.ating such lands(

8ecause P- 4o( 1E *ro.ides that no tenant<farmer in agricultural land *rimarily de.oted to rice and corn shall bee0ected or remo.ed from his farm holding until such time as the res*ecti.e rights of the tenant<farmers and the landowners shall ha.e been determined, they *etitioned the court for a writ of mandamus to com*el the -A3 )ecretary toissue the 933, as they could not e0ect their tenants and so are unable to en0oy their right of retention(9))62hether or not the assailed statutes are .alid e/ercises of *olice *ower(hether or not the content and manner of 0ust com*ensation *ro.ided for the CA3P is .iolati.e of the Constitution(hether or not the CA3P and 2" ##& contra.ene a well acce*ted *rinci*le of eminent domain by di.esting the landowner of his *ro*erty e.en before actual *ayment to him in full of 0ust com*ensationH2L-



5es( he sub0ect and *ur*ose of agrarian reform ha.e been laid down by the Constitution itself, which satisfies the firstreGuirement of the lawful sub0ect( Howe.er, ob0ection is raised to the manner fi/ing the 0ust com*ensation, which it isclaimed is 0udicial *rerogati.es( Howe.er, there is no arbitrariness in the *ro.ision as the determination of 0ustcom*ensation by -A3 is only *reliminary unless acce*ted by all *arties concerned( "therwise, the courts will still ha.ethe right to re.iew with finality the said determination(4o( Although the traditional medium for *ayment of 0ust com*ensation is money and no other, what is being dealt withhere is not the traditional e/ercise of the *ower and eminent domain( his is a re.olutionary kind of e/*ro*riation, whichin.ol.es not mere millions of *esos( he initially intended amount of P$!8 may not be enough, and is in fact not e.enfully a.ailable at the time( he in.alidation of the said section resulted in the nullification of the entire *rogram(4o( 2" ##& categorically stated that all Gualified farmer<beneficiaries were deemed full owners of the land they acGuiredunder PP #, after *roof of full *ayment of 0ust com*ensation( he CA3P Law, for its *art, conditions the transfer of*ossession and ownershi* of the land to the go.ernment on the recei*t by the landowner of the corres*onding *aymentor the de*osit of -A3 of the com*ensation in cash or L8P bonds with an accessible bank( 6ntil then, title also remainswith the landowner(

CruF .s )ecretary of -243Natural 6esources and n&ironmental Law Constitutional Law >)62 6egalian 3octrine

+3( 4o( 1$&$, -ec( E, #!!!

&ACTSI

Petitioners 9sagani CruF and Cesar 2uro*a filed a suit for *rohibition and mandamus as citiFens and ta/*ayers,assailing the constitutionality of certain *ro.isions of 3e*ublic Act 4o( &1, otherwise known as the 9ndigenousPeo*les 3ights Act of 1%% ?9P3A@ and its im*lementing rules and regulations ?933@( he *etitioners assail certain*ro.isions of the 9P3A and its 933 on the ground that these amount to an unlawful de*ri.ation of the )tates ownershi*o.er lands of the *ublic domain as well as minerals and other natural resources therein, in .iolation of the regaliandoctrine embodied in section #, Article 99 of the Constitution(

ISSUEI-o the *ro.isions of 9P3A contra.ene the Constitution=

EL/I4o, the *ro.isions of 9P3A do not contra.ene the Constitution( 2/amining the 9P3A, there is nothing in the law thatgrants to the 9CCsK9Ps ownershi* o.er the natural resources within their ancestral domain( "wnershi* o.er the natural

resources in the ancestral domains remains with the )tate and the rights granted by the 9P3A to the 9CCsK9Ps o.er thenatural resources in their ancestral domains merely gi.es them, as owners and occu*ants of the land on which theresources are found, the right to the small scale utiliFation of these resources, and at the same time, a *riority in theirlarge scale de.elo*ment and e/*loitation(

Additionally, ancestral lands and ancestral domains are not *art of the lands of the *ublic domain( hey are *ri.atelands and belong to the 9CCsK9Ps by nati.e title, which is a conce*t of *ri.ate land title that e/isted irres*ecti.e of anyroyal grant from the )tate( Howe.er, the right of ownershi* and *ossession by the 9CCsK9Ps of their ancestral domains isa limited form of ownershi* and does not include the right to alienate the same(



LA 86+AL<8'LAA4 .s -243Jan( #1, #!!D

:actsI 3(A( 4o( %D# defines the modes of mineral agreements for mining o*erations, outlines the *rocedure for theirfiling and a**ro.al, assignmentKtransfer and withdrawal, and fi/es their terms( )imilar *ro.isions go.ern financial ortechnical assistance agreements(

Petitioners filed the *resent *etition for *rohibition and mandamus, with a *rayer for a tem*orary restraining orderalleging that at the time of the filing of the *etition, 1!! :AA a**lications had already been filed, co.ering an area of&(D million hectares, ED of which a**lications are by fully foreign<owned cor*orations co.ering a total of $(& millionhectares, and at least one by a fully foreign<owned mining com*any o.er offshore areas(

9ssueI Are foreign<owned cor*orations in the large<scale e/*loration, de.elo*ment, and utiliFation of *etroleum, mineralsand mineral oils limited to technicalB or financialB assistance only=

3ulingI "nly technical assistance or financial assistance agreements may be entered into, and only for large<scaleacti.ities( hese are contract forms which recogniFe and assert our so.ereignty and ownershi* o.er natural resourcessince the foreign entity is 0ust a *ure contractor and not a beneficial owner of our economic resources( he *ro*osalrecogniFes the need for ca*ital and technology to de.elo* our natural resources without sacrificing our so.ereignty and

control o.er such resources by the safeguard of a s*ecial law which reGuires two<thirds .ote of all the members of theLegislature(9t is true that the word technicalB encom*asses a broad number of *ossible ser.ices( Howe.er, the law follows thema/im casus omisus *ro omisso habendus estB which means a *erson, ob0ect or thing omitted from an enumerationmust be held to ha.e been omitted intentionally(



Cha.eF .( Pea and Amari

:actI

9n 1%, the Comissioner on Public Highways entered into a contract to reclaim areas of Manila 8ay with the

Construction and -e.elo*ment Cor*ortion of the Phili**ines ?C-CP@(



P2A ?Public 2states Authority@ was created by President Marcos under P(-( 1!&D, tasked with de.elo*ing and leasing

reclaimed lands( hese lands were transferred to the care of P2A under P(-( 1!&$ as *art of the Manila Ca.ite 3oad

and 3eclamation Pro0ect ?MC33P@( C-CP and P2A entered into an agreement that all future *ro0ects under the

MC33P would be funded and owned by P2A(

8y 1%&&, President AGuino issued )*ecial Patent 4o( $1 transferring lands to P2A( 9t was followed by the transfer of

three itles ?!%, 11 and 1#@ by the 3egister of -eeds of ParanaGue to P2A co.ering the three reclaimed islands

known as the :322-"M 9)LA4-)(

)ubsGuently, P2A entered into a 0oint .enture agreement ?J;A@ with AMA39, a hai<Phili**ine cor*oration to de.elo* the

:reedom 9slands( Along with another #$! hectares, P2A and AMA39 entered the J;A which would later transfer said

lands to AMA39( his caused a stir es*ecially when )en( Maceda assailed the agreement, claiming that such lands

were *art of *ublic domain ?famously known as the mother of all scamsB@(

Peitioner :rank J( Cha.eF filed case as a ta/*ayer *raying for mandamus, a writ of *reliminary in0unction and a 3"

against the sale of reclaimed lands by P2A to AMA39 and from im*lementing the J;A( :ollowing these e.ents, under

President 2stradas admin, P2A and AMA39 entered into an Amended J;A and Mr( Cha.es claim that the contract is null

and .oid(

9ssueI

wKnI the transfer to AMA39 lands reclaimed or to be reclaimed as *art of the sti*ulations in the ?Amended@ J;A between AMA39 and P2A .iolate )ec( Art( 99 of the 1%& Constitution

wKnI the court is the *ro*er forum for raising the issue of whether the amended 0oint .enture agreement is grossly

disad.antageous to the go.ernment(

HeldI

"n the issue of Amended J;A as .iolating the constitutionI

1( he 1$(&D hectares of reclaimed lands com*rising the :reedom 9slands, now co.ered by certificates of title in the

name of P2A, are alienable lands of the *ublic domain( P2A may lease these lands to *ri.ate cor*orations but may not

sell or transfer ownershi* of these lands to *ri.ate cor*orations( P2A may only sell these lands to Phili**ine citiFens,

sub0ect to the ownershi* limitations in the 1%& Constitution and e/isting laws(

#( he $%#(1$ hectares of submerged areas of Manila 8ay remain inalienable natural resources of the *ublic domain

until classified as alienable or dis*osable lands o*en to dis*osition and declared no longer needed for *ublic ser.ice(

he go.ernment can make such classification and declaration only after P2A has reclaimed these submerged areas(

"nly then can these lands Gualify as agricultural lands of the *ublic domain, which are the only natural resources the

go.ernment can alienate( 9n their *resent state, the $%#(1$ hectares of submerged areas are inalienable and outside the

commerce of man(

( )ince the Amended J;A seeks to transfer to AMA39, a *ri.ate cor*oration, ownershi* of (D hectares11! of the

:reedom 9slands, such transfer is .oid for being contrary to )ection , Article 99 of the 1%& Constitution which *rohibits

*ri.ate cor*orations from acGuiring any kind of alienable land of the *ublic domain(

D( )ince the Amended J;A also seeks to transfer to AMA39 ownershi* of #%!(1$E hectares111 of still submerged areas

of Manila 8ay, such transfer is .oid for being contrary to )ection #, Article 99 of the 1%& Constitution which *rohibits

the alienation of natural resources other than agricultural lands of the *ublic domain(

P2A may reclaim these submerged areas( hereafter, the go.ernment can classify the reclaimed lands as alienable or

dis*osable, and further declare them no longer needed for *ublic ser.ice( )till, the transfer of such reclaimed alienable

lands of the *ublic domain to AMA39 will be .oid in .iew of )ection , Article 99 of the 1%&Constitution which *rohibits

*ri.ate cor*orations from acGuiring any kind of alienable land of the *ublic domain(



RE$UBLIC v. COURT O& A$$EALS+3 4os( 1!&&#, 1!$#E 4o.ember #$, 1%%&

&ACTS% "n June ##, 1%$, 3A 1&%% was a**ro.ed granting authority to all munici*alities and chartered cities toundertake and carry out at their own e/*ense the reclamation by dredging, filling, or other means, of any foreshorelands bordering them, and to establish, *ro.ide, construct, maintain and re*air *ro*er and adeGuate docking and harbor facilities as such munici*alities and chartered cities may determine in consultation with the )ecretary of :inance and the)ecretary of Public orks and Communications(

Pursuant to the said law, "rdinance 4o( 1#1 was *assed by the city of Pasay for the reclamation of foreshore landswithin their 0urisdiction and entered into an agreement with 3e*ublic 3eal 2state Cor*oration for the said *ro0ect(

3e*ublic Guestioned the agreement( 9t contended, among others, that the agreement between 332C and the City of Pasay was .oid for the ob0ect of the contract is outside the commerce of man, it being a foreshore land(

Pasay City and 332C countered that the ob0ect in Guestion is within the commerce of man because 3A 1&%%gi.es a broader meaning on the term foreshore landB than that in the definition *ro.ided by the dictionary(

3C rendered 0udgment in fa.our of Pasay City and 332C, and the decision was affirmed by the CA with modifications(

ISSUE%

9( hether or not the term foreshore landB includes the submerged area(99( hether or not foreshore landB and the reclaimed area is within the commerce of man(

EL/%he Court ruled that it is erroneous and unsustainable to u*hold the o*inion of the res*ondent court that the

term foreshore landB includes the submerged areas( o re*eat, the term Rforeshore landsR refers toI%he strip of land that lies between the high and low water marks and that is alternately wet and dry according to the flow of the tide.

2 strip of land margining a body of water @as a lake or streamA the part of a seashore between the lowBwater lineusually at the seaward margin of a lowBtide terrace and the upper limit of wa&e wash at high tide usually marked by abeach scarp or berm. ?ebster's hird 4ew 9nternational -ictionary@he duty of the court is to inter*ret the enabling Act, 3A 1&%%( 9n so doing, we cannot broaden its meaning much lesswiden the co.erage thereof( 9f the intention of Congress were to include submerged areas, it should ha.e *ro.ided

e/*ressly( hat Congress did not so *ro.ide could only signify the e/clusion of submerged areas from the termforeshore lands(B9t bears stressing that the sub0ect matter of Pasay City "rdinance 4o( 1#1, as amended by "rdinance 4o( 1$&, and the

Agreement under attack, ha.e been found to be outside the intendment and sco*e of 3A 1&%%, and therefore ultra&ires and null and .oid(

/)+o*% M))r v. N)7ra+a >19"3?

Ba5ro*2 I*'or0a(o*

9n 1%1% 4ebraska *assed a law *rohibiting anyone from teaching any sub0ect in any other language e/ce*t 2nglish( 9naddition, foreign languages could be taught only after the child had *assed the eighth grade( he law statedI

• )ection 1( 4o *erson, indi.idually or as a teacher, shall, in any *ri.ate, denominational, *arochial or *ublicschool, teach any sub0ect to any *erson in any language than the 2nglish language(

• )ec( #( Languages, other than the 2nglish language, may be taught as languages only after a *u*il shall ha.eattained and successfully *assed the eighth grade as e.idenced by a certificate of graduation issued by the countysu*erintendent of the county in which the child resides(



• )ec( ( Any *erson who .iolates any of the *ro.isions of this act shall be deemed guilty of a misdemeanor andu*on con.iction, shall be sub0ect to a fine of not less than twenty<fi.e dollars ?U#$@, nor more than one hundreddollars ?U1!!@, or be confined in the county 0ail for any *eriod not e/ceeding thirty days for each offense(

• )ec( D( hereas, an emergency e/ists, this act shall be in force from and after its *assage and a**ro.al(

Meyer, a teacher at Oion Parochial )chool school, used a +erman bible as a te/t for reading( According to him, thisser.ed a double *ur*oseI teaching +erman and religious instruction( After being charged with .iolating 4ebaraska'sstatute, he took his case to the )ur*eme Court, claiming that his rights and the rights of *arents were .iolated(

Cor( /)+o*

he Guestion before the court was whether or not the law .iolated *eo*le's liberty, as *rotected by the :ourteenth Amendment( 9n a to # decision, the Court held that it was indeed a .iolation of the -ue Process Clause(

Although the Constitution does not s*ecifically grant *arents the right to teach their children a foreign language, JusticeMc3eynolds stated in the ma0ority o*inion thatI

he Court has ne.er attem*ted to define, with e/actness, the liberty guaranteed by the :ourteenth Amendment( ithoutdoubt, it denotes not merely freedom from bodily restraint but also the right of the indi.idual to contract, to engage inany of the common occu*ations of life, to acGuire useful knowledge, to marry, establish a home and bring u* children, to

worshi* +od according to the dictates of his own conscience, and generally to en0oy those *ri.ileges long recogniFed atcommon law as essential to the orderly *ursuit of ha**iness by free men(

Certainly education and the *ursuit of knowledge should be encouraged( Mere knowledge of the +erman languagecannot be looked u*on as harmful( Meyer's right to teach, and the right of *arents to hire him so to teach were within theliberty of this Amendment(

Although the Court acce*ted that the )tate may ha.e 0ustification in fostering unity among the *o*ulace, they ruled thatthis *articular attem*t reached too far into liberty of *arents to teach what they wanted to their children(

$)r) v. So)( o' S+()r+ >19"#?

Ba5ro*2 I*'or0a(o*

9n 4o.ember, 1%##, the state of "regon *assed the Com*ulsory 2ducation Act, which reGuired e.ery child from theages of eight to si/teen to attend 'a *ublic school for the *eriod of time a *ublic school shall be held during the currentyear' in the district where the child resides failure so to do was declared a misdemeanor(

his was a relati.ely uniGue law in America, ha.ing been *assed largely due to the efforts of the 7u 7lu/ 7lan and the"regon )cottish 3ite Masons( 9t e/isted as a testimony to *ost<orld ar 9 fears about 8olshe.ism and immigrants( 9naddition to anti<Catholicism, su**orters argued that se*arating students into schools for different religions would lead todissension and discord < a fear realiFed in *art in 4orthern 9reland today(



he *laintiff, the )ociety of )isters, was an "regon cor*oration organiFed in 1&&! and dedicated in *art to *ri.ateeducation, according to the tenets of the 3oman Catholic Church( hey brought suit challenging that the lawI

(((conflicts with the right of *arents to choose schools where their children will recei.e a**ro*riate mental and religioustraining, the right of the child to influence the *arents' choice of a school, the right of schools and teachers therein toengage in a useful business or *rofession, and is accordingly re*ugnant to the Constitution and .oid(

Cor( /)+o*

Can the )tate reGuire all children to attend *ublic schools= 9n a unanimous decision, the )u*reme Court ruled on June1, 1%#$ against the )tate and in fa.or of *arents in this case(

According to the Court, the law .iolated the -ue Process Clause of the :ourteenth AmendmentI

(((the Act of 1%## unreasonably interferes with the liberty of *arents and guardians to direct the u*bringing andeducation of children under their control( As often heretofore *ointed out, rights guaranteed by the Constitution may notbe abridged by legislation which has no reasonable relation to some *ur*ose within the com*etency of the state( hefundamental theory of liberty u*on which all go.ernments in this 6nion re*ose e/cludes any general *ower of the stateto standardiFe its children by forcing them to acce*t instruction from *ublic teachers only(

he )ur*eme Court did, howe.er, indicate that the )tate has the *ower to reGuire children to attend some school andthe *ower to regulate schools to ensure that they are doing a good 0ob at education( 9n this way, the Court affirmed theinterest go.ernment has in socialiFing the young to citiFenshi*, but denies ne.ertheless that the )tate has a mono*olyin this *ro0ect(

+o*+* v. Fo2)r >No. D-11D?

Ar5)2% /))07)r , 191

/)2)2% Ma 1#, 19"

Sa7+

3es*ondents, members of the "ld "rder Amish religion and the Conser.ati.e Amish Mennonite Church, were con.ictedof .iolating isconsin's com*ulsory school attendance law ?which reGuires a child's school attendance until age 1E@ bydeclining to send their children to *ublic or *ri.ate school after they had graduated from the eighth grade( he e.idenceshowed that the Amish *ro.ide continuing informal .ocational education to their children designed to *re*are them forlife in the rural Amish community( he e.idence also showed that res*ondents sincerely belie.ed that high schoolattendance was contrary to the Amish religion and way of life, and that they would endanger their own sal.ation and thatof their children by com*lying with the law( he )tate )u*reme Court sustained res*ondents' claim that a**lication ofthe com*ulsory school attendance law to them .iolated their rights under the :ree 2/ercise Clause of the :irst

Amendment, made a**licable to the )tates by the :ourteenth Amendment(

=eld



1( he )tate's interest in uni.ersal education is not totally free from a balancing *rocess when it im*inges on otherfundamental rights, such as those s*ecifically *rotected by the :ree 2/ercise Clause of the :irst Amendment and thetraditional interest of *arents with res*ect to the religious u*bringing of their children( P*( #1<#1$(

#( 3es*ondents ha.e am*ly su**orted their claim that enforcement of the com*ulsory formal education reGuirementafter the eighth grade would gra.ely endanger if not destroy the free e/ercise of their religious beliefs( P*( #1$<#1%

( Aided by a history of three centuries as an identifiable religious sect and a long history as a successful and self<sufficient segment of American society, the Amish ha.e demonstrated the sincerity of their religious beliefs, theinterrelationshi* of belief with their mode of life, the .ital role that belief and daily conduct *lay in the continuing sur.i.al

of "ld "rder Amish communities, and the haFards *resented by the )tate's enforcement of a statute generally .alid asto others( 8eyond this, they ha.e "D6 carried the difficult burden of demonstrating the adeGuacy of their alternati.emode of continuing informal .ocational education in terms of the o.erall interest that the )tate relies on in su**ort of its*rogram of com*ulsory high school education( 9n light of this showing, and weighing the minimal difference betweenwhat the )tate would reGuire and what the Amish already acce*t, it was incumbent on the )tate to show with more*articularity how its admittedly strong interest in com*ulsory education would be ad.ersely affected by granting ane/em*tion to the Amish( P*( #1#<#%, #D<#E(

D( he )tate's claim that it is em*owered, as parens patriae, to e/tend the benefit of secondary education to childrenregardless of the wishes of their *arents cannot be sustained against a free e/ercise claim of the nature re.ealed by thisrecord, for the Amish ha.e introduced con.incing e.idence that accommodating their religious ob0ections by forgoingone or two additional years of com*ulsory education will not im*air the *hysical or mental health of the child, or result inan inability to be self<su**orting or to discharge the duties and res*onsibilities of citiFenshi*, or in any other waymaterially detract from the welfare of society(

Melchora Cabanas .s :rancisco Pila*il

4o.ember E, #!11

?' #C62 /( )olitical Law )arens )atriae #trengthening the -amily

:lorentino Pila*il insured himself and he indicated in his insurance *lan that his child will be his beneficiary( He also

indicated that if u*on his death the child is still a minor the *roceeds of his benefits shall be administered by his brother,

:rancisco Pila*il( he child was only ten years of age when :lorentino died and so :rancisco then took charge of

:lorentinos insurance *roceeds for the benefit of the child(

"n the other hand, the mother of the child Melchora Cabanas filed a com*laint seeking the deli.ery of the insurance

*roceeds in fa.or and for her to be declared as the childs trustee( :rancisco asserted the terms of the insurance *olicy

and that as a *ri.ate contract its terms and obligations must be binding only to the *arties and intended beneficiaries(

ISSUE% hether or not the state may interfere by .irtue of *arens *atriaeB to the terms of the insurance *olicy(

EL/% 5es( he Constitution *ro.ides for the strengthening of the family as the basic social unit, and that whene.er any

member thereof such as in the case at bar would be *re0udiced and his interest be affected then the 0udiciary if a

litigation has been filed should resol.e that case according to the best interest of that *erson( he uncle here should not

be the trustee, it should be the mother as she was the immediate relati.e of the minor child and it is assumed that the

mother shall show more care towards the child than the uncle will( he a**lication of ar)*+ a(ra) here is

inconsonance with this countrys tradition of fa.oring conflicts in fa.or of the family hence *reference to the *arent

?mother@ is obser.ed(



Ta*a2a v. A*5ara:acts"n A*ril 1$, 1%%D, the Phili**ine +o.ernment re*resented by its )ecretary of the -e*artment of rade and 9ndustrysigned the :inal Act binding the Phili**ine +o.ernment to submit to its res*ecti.e com*etent authorities the "?orld rade "rganiFation@ Agreements to seek a**ro.al for such( "n -ecember 1D, 1%%D, 3esolution 4o( % wasado*ted by the Phili**ine )enate to ratify the " Agreement(his is a *etition assailing the constitutionality of the " agreement as it .iolates )ec 1%, Article 99, *ro.iding for thede.elo*ment of a self reliant and inde*endent national economy, and )ections 1! and 1#, Article 99, *ro.iding for the:ili*ino firstB *olicy(

9ssuehether or not the 3esolution 4o( % ratifying the " Agreement is unconstitutional

3ulinghe )u*reme Court ruled the 3esolution 4o( % is not unconstitutional( hile the constitution mandates a bias in fa.orof :ili*ino goods, ser.ices, labor and enter*rises, at the same time, it recogniFes the need for business e/change withthe rest of the world on the bases of eGuality and reci*rocity and limits *rotection of :ili*ino interests only againstforeign com*etition and trade *ractices that are unfair( 9n other words, the Constitution did not intend to *ursue anisolationalist *olicy( :urthermore, the constitutional *olicy of a self<reliant and inde*endent national economyB does notnecessarily rule out the entry of foreign in.estments, goods and ser.ices( 9t contem*lates neither economic seclusionBnor mendicancy in the international community(Bhe )enate, after deliberation and .oting, ga.e its consent to the " Agreement thereby making it a *art of the law of the landB( he )u*reme Court ga.e due res*ect to an eGual de*artment in go.ernment( 9t *resumes its actions asregular and done in good faith unless there is con.incing *roof and *ersuasi.e agreements to the contrary( As a result,the ratification of the " Agreement limits or restricts the absoluteness of so.ereignty( A treaty engagement is not a

mere obligation but creates a legally binding obligation on the *arties( A state which has contracted .alid internationalobligations is bound to make its legislations such modifications as may be necessary to ensure the fulfillment of theobligations undertaken(



Limbona .s( MangelinGR No. D391 " &)7rar 199

&a(+% Petitioner, )ultan Alimbusar Limbona, was elected )*eaker of the 3egional Legislati.e Assembly or 8atasangPam*ook of Central Mindanao ?Assembly@( "n "ctober #1, 1%& Congressman -atu +uimid Matalam, Chairman of theCommittee on Muslim Affairs of the House of 3e*resentati.es, in.ited *etitioner in his ca*acity as )*eaker of the

Assembly of 3egion 99 in a consultationKdialogue with local go.ernment officials( Petitioner acce*ted the in.itation andinformed the Assembly members through the Assembly )ecretary that there shall be no session in 4o.ember as his*resence was needed in the house committee hearing of Congress( Howe.er, on 4o.ember #, 1%&, the Assembly helda session in defiance of the Limbona's ad.ice, where he was unseated from his *osition( Petitioner *rays that thesession's *roceedings be declared null and .oid and be it declared that he was still the )*eaker of the Assembly(Pending further *roceedings of the case, the )C recei.ed a resolution from the Assembly e/*ressly e/*elling*etitioner's membershi* therefrom( 3es*ondents argue that *etitioner had Rfiled a case before the )u*reme Courtagainst some members of the Assembly on a Guestion which should ha.e been resol.ed within the confines of the

Assembly,R for which the res*ondents now submit that the *etition had become Rmoot and academicR because itsresolution(

I++)% hether or not the courts of law ha.e 0urisdiction o.er the autonomous go.ernments or regions( hat is thee/tent of self<go.ernment gi.en to the autonomous go.ernments of 3egion 99=

)2% Autonomy is either decentraliFation of administration or decentraliFation of *ower( here is decentraliFation ofadministration when the central go.ernment delegates administrati.e *owers to *olitical subdi.isions in order tobroaden the base of go.ernment *ower and in the *rocess to make local go.ernments Rmore res*onsi.e andaccountableR( At the same time, it relie.es the central go.ernment of the burden of managing local affairs and enables itto concentrate on national concerns( he President e/ercises Rgeneral su*er.isionR o.er them, but only to Rensure thatlocal affairs are administered according to law(R He has no control o.er their acts in the sense that he can substitutetheir 0udgments with his own( -ecentraliFation of *ower, on the other hand, in.ol.es an abdication of *olitical *ower inthe fa.or of local go.ernments units declared to be autonomous( 9n that case, the autonomous go.ernment is free tochart its own destiny and sha*e its future with minimum inter.ention from central authorities(

An autonomous go.ernment that en0oys autonomy of the latter category C"4)( ?1%&@, Art( , )ec( 1$(N is sub0ectalone to the decree of the organic act creating it and acce*ted *rinci*les on the effects and limits of Rautonomy(R "n theother hand, an autonomous go.ernment of the former class is, as we noted, under the su*er.ision of the nationalgo.ernment acting through the President ?and the -e*artment of Local +o.ernment@( 9f the )angguniang Pam*ook ?of3egion 99@, then, is autonomous in the latter sense, its acts are, debatably beyond the domain of this Court in *erha*sthe same way that the internal acts, say, of the Congress of the Phili**ines are beyond our 0urisdiction( 8ut if it isautonomous in the former category only, it comes unarguably under our 0urisdiction( An e/amination of the .eryPresidential -ecree creating the autonomous go.ernments of Mindanao *ersuades us that they were ne.er meant toe/ercise autonomy in the second sense ?decentraliFation of *ower@( P- 4o( 1E1&, in the first *lace, mandates that RtNhePresident shall ha.e the *ower of general su*er.ision and control o.er Autonomous 3egions(R Hence, we assume

0urisdiction( And if we can make an inGuiry in the .alidity of the e/*ulsion in Guestion, with more reason can we re.iewthe *etitioner's remo.al as )*eaker(

his case in.ol.es the a**lication of a most

im*ortant constitutional *olicy and *rinci*le, that of local autonomy( e ha.e to obey the clear mandate on localautonomy(

here a law is ca*able of two inter*retations, one in fa.or of centraliFed *ower in MalacaTang and the other beneficialto local autonomy, the scales must be weighed in fa.or of autonomy(

6*on the facts *resented, we hold that the 4o.ember # and $, 1%& sessions were in.alid( 9t is true that under )ection1 of the 3egion 99 )anggunian 3ules, RsNessions shall not be sus*ended or ad0ourned e/ce*t by direction of the)angguniang Pam*ookR( 8ut while this o*inion is in accord with the res*ondents' own, we still in.alidate the twinsessions in Guestion, since at the time the *etitioner called the Rrecess,R it was not a settled matter whether or not hecould do so( 9n the second *lace, the in.itation tendered by the Committee on Muslim Affairs of the House of3e*resentati.es *ro.ided a *lausible reason for the intermission sought( Also, assuming that a .alid recess could not becalled, it does not a**ear that the res*ondents called his attention to this mistake( hat a**ears is that instead, theyo*ened the sessions themsel.es behind his back in an a**arent act of mutiny( 6nder the circumstances, we find eGuityon his side( :or this reason, we u*hold the RrecessR called on the ground of good faith(

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Ba+o v+ $AGCOR GR 91649 >Ma 14, 1991?

GR 91649

19 SCRA #", 6#

Ma 14, 1991

&ACTSI

Petitioners seek to annul the PA+C"3 charter P- 1&E% for being allegedly contrary to morals, *ublic *olicy and

order, mono*olistic V tends toward crony economyB, wai.ing the Manila City go.ernments right to im*ose ta/es V

license fees, and .iolating the eGual *rotection clause, local autonomy and other state *olicies in the Constitution(

ISSUESI

hether P- 1&E% is .alid(

EL/I

Ev)r a !a+ * (+ 'avor (!) r)+0(o* o' o*+(((o*a(( -or a law to be nullified , it must be shown that there

is a clear $ une8ui&ocal breach of the Constitution( he grounds for nullity must be clear and beyond reasonable doubt (

he Guestion of wether P- 1&E% is a wise legislation is u* for Congress to determine(

he o)r o' LGU+ (o r)5a() 5a07*5 through the grant of franchises, licenses or *ermits a+ (!2ra* 7 $/

1, and is *o v)+()2 )@+v) o* (!) Na(o*a Gov)r*0)*(( 4ecessarily, the power to demandDcollect license

fees is no longer &ested in the City of Manila(

LGU+ !av) *o o)r (o (a@ Gov)r*0)*( *+(r0)*(a()+( )2ECF6 , being a +"CC, is therefore exempt from local

taxes( T!) Na(o*a Gov)r*0)*( + +r)0) ov)r oa 5ov)r*0)*(+( As such, mere creatures of the #tate cannot

defeat national policies using the *ower to ta/ as a tool for regulationB( T!) o)r (o (a@ a**o( 7) ao)2 (o 2)')a(

a* *+(r0)*(a( o' (!) v)r )*(( !! !a+ (!) *!)r)*( o)r (o )2 ( ( he power of LE;s to impose taxes

$ fees is always sub!ect to limitation pro&ided by Congress(

he *rinci*le of oa a(o*o0 2o)+ *o( 0a) LGU+ +ov)r)5* (!* a +(a() , it sim*ly means 2))*(ra8a(o*(

2 law doesnGt ha&e to operate in e8ual force on all personsDthings( he eGual *rotection clause doesnt *reclude

classification of indi.iduals who may be accorded different treatment under the law as long as the classification is not

unreasonableKarbitrary(%he mere fact that some gambling acti&ities are legalized under certain conditions, while others

are prohibited, does not render the applicable laws unconstitutional.



/+o0a*5o v. /a(0a*o*5 >T*5a, "DD4? 1

&a(+%

− "n Aug( 1, 1%&%, 3A ED was *assed ?"rganic Act of A3MM@( :our *ro.inces .oted for inclusion in A3MM,namelyI Lanao del )ur, Maguindanao, )ulu and awi<awi(

− 9n accordance with it, 2" D#E was issued by Pres( Cory AGuino on "ct( 1#, 1%%!( he same de.ol.ed to the A3MM the *ower of the -PH(

− "n May #!, 1%%%, -" 11% was issued by -PH )ec( ;igilar( 9t created a -PH Marawi )ub<-istrict2ngineering "ffice which shall ha.e 0urisdiction o.er all national infrastructure *ro0ects and facilities under the-PH within Marawi City and Lanao del )ur(

− "n Jan( 1, #!!1, 3A &%%% which created a new 2ngineering -istrict in the first district of Lanao del )ur was*assed by Pres( 2strada(

− "n March 1, #!!1, 3A %!$D which amended 3A ED was *assed( he *ro.ince of 8asilan and the City of Marawi .oted to 0oin A3MM through said law(

− Petitioners -isomangco* and -imalotang in their ca*acity as "9C and 2nginer 99 res*ecti.ely of the :irst2ngineering -istrict of -PH<A3MM in Lanao del )ur filed a *etition Guestioning the constitutionality and.alidity of -" 11% and 3A &%%% on the ground that they contra.ene the constitution and the organic acts of the

A3MM(

I++)% ON /O 119 a*2 RA 999 ar) 7o(! *va2 a*2 o*+(((o*a *'r0.

)2 a*2 Ra(o%

O* RA 999

− 3A &%%% ne.er became o*erati.e and was su*erseded or re*ealed by a 3A %!$D( 8y creating an office with*re.iously de.ol.ed functions, 3A &%%%, in essence sought to amend 3A E!D, which is an organic act whichen0oys affirmation through a *lebiscite( Hence, the *ro.isions thereof cannot be amended by an ordinary statutesuch as 3A &%%%( he amendatory law needs to be submitted also to a *lebiscite which is lacking in the case of 3A &%%%( 3A ED de.ol.ed the functions of the -PH to A3MM which includes Lanao del )ur(

− Moreo.er, 3A &%%% is *atently inconsistent with 3A %!$D which is a later law( 3A %!$D, which is anchored onthe 1%& Constitution ad.ances the constitutional grant of autonomy by detailing the *owers of the A3MMwhich co.ers among others Lanao del )ur( Howe.er, 3A &%%% .entures to reestablisht he 4ational+o.ernment's 0urisdiction o.er the infrastructure *rograms in Lanao del )ur( 3A &%%% is *atently inconsistentwith 3A %!$D, and it destroys the latter law's ob0ecti.e of de.olution of the functions of -PH in line with the*olicy of the Constitution to grant L+6s meaningful and authentic regional autonomy(

O* /O 119

1Angelica Paglicawan



- -" 11% creating the Marawi )ub<-istrict 2ngineering "ffice which has 0urisdiction o.er infrastructure *ro0ects within

Marawi City and Lanao del )ur is .iolati.e of the *ro.isions of 2" D#E which im*lements the transfer of control and

su*er.ision of the -PH to the A3MM in line with 3A ED( he office created under -" 11% ha.ing essentially the

same *owers with the -istrict 2ngineering "ffice of Lanao del )ur as created under 2" D#E, is a du*lication( he -" in

effect takes back *owers which ha.e been *re.ioulsy de.ol.ed under 2" D#E( 3A %!$D howe.er has re*ealed -" 11%

because the former seeks to transfer control and su*er.ision of -PH offices to A3MM(

Zacarias Villavicencio

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