1

Republic of the Philippines

SUPREME COURT
Manila
EN BANC
G.R. No. L-18463 October 4, 1922
THE PEOPLE OF THE PHLPPNE SL!N"S, plaintiff-appellee,
vs.
GREGORO PERFECTOR, defendant-appellant.
Alfonso E. Mendoza and the appellant in behalf of the latter.
Attorney-General Villa-Real for appellee.

M!LCOLM, J.:
The impotant !uestion is hee s!uael" pesented of #hethe aticle $%& of the 'panish Penal Code, punishin(
)An" peson #ho, b" . . . #itin(, shall defame, abuse, o insult an" Ministe of the Co#n o othe peson in
authoit" . . .,) is still in foce.
About Au(ust $*, 1+$*, the 'eceta" of the Philippine 'enate, ,enando M. -ueeo, discoveed that cetain
documents #hich constituted the ecods of testimon" (iven b" #itnesses in the investi(ation of oil companies,
had disappeaed fom his office. 'hotl" theeafte, the Philippine 'enate, havin( been called into special session
b" the -oveno--eneal, the 'eceta" fo the 'enate infomed that bod" of the loss of the documents and of the
steps ta.en b" him to discove the (uilt" pat". The da" follo#in( the convenin( of the 'enate, 'eptembe /,
1+$*, the ne#spape La Nacion, edited b" M. -e(oio Pefecto, published an aticle eadin( as follo#s0
1alf a month has elapsed since the discove", fo the fist time, of the scandalous obbe" of ecods
#hich #ee .ept and peseved in the ion safe of the 'enate, "et up to this time thee is not the sli(htest
indication that the autho o authos of the cime #ill eve be discoveed.
To find them, it #ould not, pehaps, be necessa" to (o out of the 'ente itself, and the pesons in cha(e
of the investi(ation of the case #ould not have to displa" (eat s.ill in ode to succeed in thei
undeta.in(, unless the" should encounte the insupeable obstacle of offical concealment.
2n that case, eve" investi(ation to be made #ould be but a mee comed" and nothin( moe.
Afte all, the pepetation of the obbe", especiall" unde the cicumstances that have suounded it, does
not supise us at all.
The e3ecution of the cime #as but the natual effect of the envionment of the place in #hich it #as
committed.
1o# man" of the pesent 'enatos can sa" #ithout emose in thei conscience and #ith seenit" of mind,
that the" do not o#e thei victo" to electoal obbe"4 1o# ma"4
The autho o authos of the obbe" of the ecods fom the said ion safe of the 'enate have, pehaps,
but follo#ed the e3ample of cetain 'enatos #ho secued thei election thou(h faud and obbe".
$
The Philippine 'enate, in its session of 'eptembe +, 1+$*, adopted a esolution authoi5in( its committee on
elections and pivile(es to epot as to the action #hich should be ta.en #ith efeence to the aticle published
in La Nacion. 6n 'eptembe 1%, 1+$*, the 'enate adopted a esolution authoi5in( the Pesident of the 'enate to
indose to the Attone"--eneal, fo his stud" and coespondin( action, all the papes efein( to the case of the
ne#spape La Nacion and its edito, M. -e(oio Pefecto. As a esult, an infomation #as filed in the municipal
cout of the Cit" of Manila b" an assistant cit" fiscal, in #hich the editoial in !uestion #as set out and in #hich it
#as alle(ed that the same constituted a violation of aticle $%& of the Penal Code. The defendant -e(oio
Pefecto #as found (uilt" in the municipal cout and a(ain in the Cout of ,ist 2nstance of Manila.
7uin( the couse of the tial in the Cout of ,ist 2nstance, afte the posecution had ested, the defense moved
fo the dismissal of the case. 6n the sub8ect of #hethe o not aticle $%& of the Penal Code, unde #hich the
infomation #as pesented, is in foce, the tial 8ud(e, the 1onoable -eo(e R. 1ave", said0
This anti!uated povision #as doubtless incopoated into the Penal Code of 'pain fo the potection of
the Ministes of the Co#n and othe epesentatives of the 9in( a(ainst fee speech and action b"
'panish sub8ects. A sevee punishment #as pescibed because it #as doubtless consideed a much
moe seious offense to insult the 9in(:s epesentative than to insult an odina" individual. This
povision, #ith almost all the othe aticles of that Code, #as e3tended to the Philippine 2slands #hen
unde the dominion of 'pain because the 9in(:s sub8ect in the Philippines mi(ht defame, abuse o insult
the Ministes of the Co#n o othe epesentatives of 1is Ma8est". ;e no# have no Ministes of the
Co#n o othe pesons in authoit" in the Philippines epesentin( the 9in( of 'pain, and said povision,
#ith othe aticles of the Penal Code, had appaentl" passed into )innocuous desuetude,) but the
'upeme Cout of the Philippine 2slands has, b" a ma8oit" decision, held that said aticle $%& is the la# of
the land to-da". . . .
The 1elbi( case is a pecedent #hich, b" the ule of stare decisis, is bindin( upon this cout until
othe#ise detemined b" pope authoit".
2n the decision endeed b" the same 8ud(e, he concluded #ith the follo#in( lan(ua(e0
2n the <nited 'tates such publications ae usuall" not punishable as ciminal offense, and little impotance
is attached to them, because the" ae (eneall" the esult of political contoves" and ae usuall"
e(aded as moe o less coloed o e3a((eated. Attac.s of this chaacte upon a le(islative bod" ae not
punishable, unde the =ibel =a#. Althou(h such publications ae epehensible, "et this cout feels some
avesion to the application of the povision of la# unde #hich this case #as filed. 6u Penal Code has
come to us fom the 'panish e(ime. Aticle $%& of that Code pescibes punishment fo pesons #ho use
insultin( lan(ua(e about Ministes of the Co#n o othe )authoit".) The 9in( of 'pain doubtless left the
need of such potection to his ministes and othes in authoit" in the Philippines as #ell as in 'pain.
1ence, the aticle efeed to #as made applicable hee. Not#ithstandin( the chan(e of soveei(nt", ou
'upeme Cout, in a ma8oit" decision, has held that this povision is still in foce, and that one #ho made
an insultin( ema. about the Pesident of the <nited 'tates #as punishable unde it.
><.'.vs. 1elbi(, supra.? 2f it applicable in that case, it #ould appea to be applicable in this case. 1ence,
said aticle $%& must be enfoced, #ithout fea o favo, until it shall be epealed o supeseded b" othe
le(islation, o until the 'upeme Cout shall othe#ise detemine.
2n vie# of the foe(oin( consideations, the cout finds the defendant (uilt" as cha(ed in the infomation
and unde aticle $%& of thei Penal Code sentences him to suffe t#o months and one da" of arresto
mayor and the accesso" penalties pescibed b" la#, and to pa" the costs of both instances.
The fifteen eos assi(ned b" the defendant and appellant, eenfoced b" an e3tensive bief, and elo!uent oal
a(ument made in his o#n behalf and b" his leaned counsel, all educe themselves to the petinent and decisive
!uestion #hich #as announced in the be(innin( of this decision.
@
2t #ill be noted in the fist place that the tial 8ud(e consideed himself bound to follo# the ule announced in the
case of <nited 'tates vs. 1elbi( >R. -. No. 1A/*%,
1
not published?. 2n that case, the accused #as cha(ed #ith
havin( said, )To hell #ith the Pesident and his poclamations, o #ods to that effect,) in violation of aticle $%& of
the Penal Code. 1e #as found (uilt" in a 8ud(ment endeed b" the Cout of ,ist 2nstance of Manila and a(ain on
appeal to the 'upeme Cout, #ith the #ite of the instant decision dissentin( on t#o pincipal (ounds0 >1? That
the accused #as depived of the constitutional i(ht of coss-e3amination, and >$? that aticle $%& of the 'panish
Penal Code is no lon(e in foce. 'ubse!uentl", on a motion of econsideation, the cout, bein( of the opinion
that the Cout of ,ist 2nstance had committed a pe8udicial eo in depivin( the accused of his i(ht to coss-
e3amine a pincipal #itness, set aside the 8ud(ment affimin( the 8ud(ment appealed fom and odeed the etun
of the ecod to the cout of oi(in fo the celebation of a ne# tial. ;hethe such a tial #as actuall" had, is not
.no#n, but at least, the ecod in the 1elbi( case has neve a(ain been elevated to this cout.
Thee ma" pechance e3ist some doubt as to the authoit" of the decision in the 1elbi( case, in vie# of the
cicumstances above descibed. This much, ho#eve, is cetain0 The facts of the 1elbi( case and the case befoe
us, #hich #e ma" tem the Pefecto case, ae diffeent, fo in the fist case thee #as an oal defamation, #hile in
the second thee is a #itten defamation. Not onl" this, but a ne# point #hich, unde the facts, could not have
been consideed in the 1elbi( case, is, in the Pefecto case, u(ed upon the cout. And, finall", as is appaent to
all, the appellate cout is not estained, as #as the tial cout, b" stict adheence to a fome decision. ;e much
pefe to esolve the !uestion befoe us unhindeed b" efeences to the 1elbi( decision.
This is one of those cases on #hich a vaiet" of opinions all leadin( to the same esult can be had. A ma8oit" of
the cout ae of the opinion that the Philippine =ibel =a#, Act No. $//, has had the effect of epealin( so much of
aticle $%& of the Penal Code as elates to #itten defamation, abuse, o insult, and that unde the infomation and
the facts, the defendant is neithe (uilt" of a violation of aticle $%& of the Penal Code, no of the =ibel =a#. The
vie# of the Chief Bustice is that the accused should be ac!uitted fo the eason that the facts alle(ed in the
infomation do not constitute a violation of aticle 1%& of the Penal Code. Thee membes of the cout believe that
aticle $%& #as abo(ated completel" b" the chan(e fom 'panish to Ameican soveei(nt" ove the Philippines
and is inconsistent #ith democatic pinciples of (ovenment.
;ithout pe8udice to the i(ht of an" membe of the cout to e3plain his position, #e #ill discuss the t#o main
points 8ust mentioned.
1. Effect of the hilippine Libel La!" Act No. #$$" on article #%& of the 'panish enal (ode. C The =ibel
=a#, Act No. $//, #as enacted b" the Philippine Commission shotl" afte o(ani5ation of this le(islative
bod". 'ection 1 defines libel as a )malicious defamation, e3pessed eithe in #itin(, pintin(, o b" si(ns
o pictues, o the li.e, o public theatical e3hibitions, tendin( to blac.en the memo" of one #ho is dead
o to impeach the honest", vitue, o eputation, o publish the alle(ed o natual deffects of one #ho is
alive, and theeb" e3pose him to public hated, contempt o idicule.) 'ection 1@ povides that )All la#s
and pats of la#s no# in foce, so fa as the same ma" be in conflict hee#ith, ae heeb" epealed. . . .)
That pats of la#s in foce in 1+*1 #hen the =ibel =a# too. effect, #ee in conflict thee#ith, and that the =ibel
=a# abo(ated cetain potion of the 'panish Penal Code, cannot be (ainsaid. Title D of Boo. 22 of the Penal
Code, covein( the sub8ects of calumn" and insults, must have been paticulal" affected b" the =ibel =a#.
2ndeed, in the eal" case of Pado de Tavea vs. -acia Ealde5 >F1+*$G, 1. Phil., A&H?, the 'upeme Cout spo.e
of the =ibel =a# as )reformin) the pee3istin( 'panish la# on the sub8ect of calumnia and in*uria.) Recentl",
specific attention #as (iven to the effect of the =ibel =a# on the povisions of the Penal Code, dealin( #ith
calumn" and insults, and it #as found that those povisions of the Penal Code on the sub8ect of calumn" and
insults in #hich the elements of #itin( an publicit" enteed, #ee abo(ated b" the =ibel =a#. >People vs.Casto
F1+$$G, p. HA$, ante.?
The =ibel =a# must have had the same esult on othe povisions of the Penal Code, as fo instance aticle $%&.
The facts hee ae that the edito of a ne#spape published an aticle, natuall" in #itin(, #hich ma" have had the
tendenc" to impeach the honest", vitue, o eputation of membes of the Philippine 'enate, theeb" possibl"
A
e3posin( them to public hated, contempt, o idicule, #hich is e3actl" libel, as defined b" the =ibel =a#. 'i B. ,.
'tephen is authoit" fo the statement that a libel is indictable #hen defamin( a )bod" of pesons definite and
small enou(h fo individual membes to be eco(ni5ed as such, in o b" means of an"thin( capable of bein( a
libel.) >7i(est of Ciminal =a#, at. $&/.? But in the <nited 'tates, #hile it ma" be pope to posecute ciminall"
the autho of a libel cha(in( a le(islato #ith couption, citicisms, no matte ho# sevee, on a le(islatue, ae
#ithin the an(e of the libet" of the pess, unless the intention and effect be seditious. >@ ;haton:s Ciminal =a#,
p. $1@1.? ;ith these facts and le(al pinciples in mind, ecall that aticle $%& be(ins0 An" peson #ho,
b" . . . !ritin), shall defame, abuse, o insult an" Ministe of the Co#n o othe peson in authoit",) etc.
The =ibel =a# is a complete and compehensive la# on the sub8ect of libel. The #ell-.no#n ule of statuto"
constuction is, that #hee the late statute cleal" coves the old sub8ect-matte of antecedent acts, and it plainl"
appeas to have been the pupose of the le(islatue to (ive e3pession in it to the #hole la# on the sub8ect,
pevious la#s ae held to be epealed b" necessa" implication. >1 =e#is: 'utheland 'tatuto" Constuction, p.
A&%.? ,o identical easons, it is evident that Act No. $// had the effect so much of this aticle as punishes
defamation, abuse, o insults b" #itin(.
Act No. $+$ of the Philippine Commission, the Teason and 'edition =a#, ma" also have affected aticle $%&, but
as to this point, it is not necessa" to ma.e a ponouncement.
$. Effect of the chan)e from 'panish to Amercian sevorei)nty over the hilippine son article #%& of the
'panish enal (ode. C Appellant:s main poposition in the lo#e cout and a(ain ene(eticall" pessed in
the appellate cout #as that aticle $%& of the 'panish Penal Code is not no# in foce because abo(ated
b" the chan(e fom 'panish to Ameican soveei(nt" ove the Philippines and because inconsistent #ith
democatic pinciples of (ovenment. This vie# #as indiectl" favoed b" the tial 8ud(e, and, as befoe
stated, is the opinion of thee membes of this cout.
Aticle $%& is found in Chapte E of title 222 of Boo. 22 of the 'panish Penal Code. Title 2 of Boo. 22 punishes the
cimes of teason, cimes that endan(e the peace o independence of the state, cimes a(ainst intenational la#,
and the cime of piac". Title 22 of the same boo. punishes the cimes of lese ma*este, cimes a(ainst
the(ortes and its membes and a(ainst the council of ministes, cimes a(ainst the fom of (ovenment, and
cimes committed on the occasion of the e3ecise of i(hts (uaanteed b" the fundamental la#s of the state,
includin( cime a(ainst eli(ion and #oship. Title 222 of the same Boo., in #hich aticle $%& is found, punishes the
cimes of ebellion, sedition, assaults upon pesons in authoit", and thei a(ents, and contempts, insults, in*urias,
and theats a(ainst pesons in authoit", and insults, in*urias, and theats a(ainst thei a(ents and othe public
offices, the last bein( the title to Chapte E. The fist t#o aticles in Chapte E define and punish the offense of
contempt committed b" an" one #ho shall be #od o deed defame, abuse, insult, o theathen a ministe of the
co#n, o an" peson in authoit". The #ith an aticle condemnin( challen(es to fi(ht duels intevenin(, comes
aticle $%&, no# bein( #ei(hed in the balance. 2t eads as follo#s0 )An" peson #ho, b" #od, deed, o #itin(,
shall defame, abuse, o insult any Minister of the (ro!n or other person in authority, #hile en(a(ed in the
pefomance of official duties, o b" eason of such pefomance, povided that the offensive ministe o peson, o
the offensive #itin( be not addessed to him, shall suffe the penalt" of arresto mayor,) C that is, the defamation,
abuse, o insult of an" Minister of the (ro!n of the Monarchy of 'pain >fo thee could not be a Ministe of the
Co#n in the <nited 'tates of Ameica?, or other person in authority in the Monarchy of 'pain.
2t cannot admit of doubt that all those povisions of the 'panish Penal Code havin( to do #ith such sub8ects as
teason, lese ma*este, eli(ion and #oship, ebellion, sedition, and contempts of ministes of the co#n, ae not
lon(e in foce. 6u pesent tas., theefoe, is a detemination of #hethe aticle $%& has met the same fate, o,
moe specificall" stated, #hethe it is in the natue of a municipal la# o political la#, and is consistent #ith the
Constitution and la#s of the <nited 'tates and the chaacteistics and institutions of the Ameican -ovenment.
2t is a (eneal pinciple of the public la# that on ac!uisition of teito" the pevious political elations of the ceded
e(ion ae totall" abo(ated. )Political) is hee used to denominate the la#s e(ulatin( the elations sustained b"
the inhabitants to the soveei(n. >Ameican 2nsuance Co. vs. Cante F1H$HG, 1 Pet., %11I Chica(o, Roc. 2sland
and Pacific Rail#a" Co. vs. Mc-linn F1HH%G, 11A <.'., %A$I Roa vs. Collecto of Customs F1+1$G, $@ Phil., @1%.?
M. Bustice ,ield of the <nited 'tates 'upeme Cout stated the obvious #hen in the couse of his opinion in the
%
case of Chica(o, Roc. 2sland and Pacific Rail#a" Co. vs. Mc-linn, supa, he said0 )As a matte of couse, all
la#s, odinances and e(ulations in conflict #ith the political chaacte, institutions and Constitution of the ne#
(ovenment ae at once displaced. Thus, upon a cession of political 8uisdiction and le(islative po#e C and the
latte is involved in the fome C to the <nited 'tates, the la!s of the country in suppot of an established eli(ion
o abrid)in) the freedom of the press, o authoi5in( cuel and unusual punishments, and he li+e" !ould at once
cease to be of obli)atory force #ithout an" declaation to that effect.) To !uote a(ain fom the <nited 'tates
'upeme Cout0 ),t cannot be admitted that the -in) of 'pain could" by treaty or other!ise" impart to the .nited
'tates any of his royal prero)ativesI and much less can it be admitted that the" have capacit" to eceive o po#e
to e3ecise them. Eve" nation ac!uiin( teito", b" teat" o othe#ise, must hold it sub8ect to the Constitution
and la#s of its o#n (ovenment, and not accodin( to those of the (ovenment cedin( it.) >Pollad vs. 1a(an
F1HA%G, @ 1os., $1*.?
6n Ameican occupation of the Philippines, b" instuctions of the Pesident to the Milita" Commande dated Ma"
$H, 1H+H, and b" poclamation of the latte, the municipal la#s of the con!ueed teito" affectin( pivate i(hts of
peson and popet" and povidin( fo the punishment of cime #ee nominall" continued in foce in so fa as the"
#ee compatible #ith the ne# ode of thin(s. But Pesident Mc9inle", in his instuctions to -eneal Meitt, #as
caeful to sa"0 )The fist effect of the milita" occupation of the enem":s teito" is the seveance of the fome
political elation of the inhabitants and the establishment of a ne# political po#e.) ,om that da" to this, the
odinail" it has been ta.en fo (anted that the povisions unde consideation #ee still effective. To paaphase
the lan(ua(e of the <nited 'tates 'upeme Cout in ;eems vs. <nited 'tates >F1+1*G, $1/ <. '., @A+?, thee #as
not and could not be, e3cept as pecise !uestions #ee pesented, a caeful consideation of the codal povisions
and a detemination of the e3tent to #hich the" accoded #ith o #ee epu(nant to the )/)reat principles of liberty
and la!/ !hich had been /made the basis of our )overnmental system./ ) But #hen the !uestion has been
s!uael" aised, the appellate cout has been foced on occasion to hold cetain potions of the 'panish codes
epu(nant t democatic institutions and Ameican constitutional pinciples. ><.'. vs. '#eet F1+*1G, 1 Phil., 1HI
<.'. vs. Balcota F1+1@G, $% Phil., $/@I <.'. vs. Balcota F1+1@G, $% Phil., %@@I ;eems vs. <.'.,supra.?
The natue of the (ovenment #hich has been set up in the Philippines unde Ameican soveei(nt" #as outlined
b" Pesident Mc9inle" in that Ma(na Chata of Philippine libet", his instuctions to the Commission, of Apil /,
1+**. 2n pat, the Pesident said0
2n all the foms of (ovenment and administative povisions #hich the" ae authoi5ed to pescibe, the
Commission should bea in mind that he (ovenment #hich the" ae establishin( is desi(ned not fo ou
satisfaction o fo the e3pession of ou theoetical vie#s, but fo the happiness, peace, and pospeit" of
the people of the Philippine 2slands, and the measues adopted should be made to confom to thei
customs, thei habits, and even thei pe8udices, to the fullest e3tent consistent #ith the accomplishment
of the indispensable e!uisites of 8ust and effective (ovenment. At the same time the Commission should
bea in mind, and the people of the ,slands should be made plainly to understand" that there are certain
)reat principles of )overnment !hich have been made the basis of our )overnmental system" !hich !e
deem essential to the rule of la! and the maintenance of individual freedom" and of !hich they have"
unfortunately" been denied the e0perience possessed by us1 that there are also certain practical rules of
)overnment !hich !e have found to be essential to the preservation of these )reat principles of liberty
and la!" and that these principles and these rules of )overnment must be established and maintained in
their islands for the sa+e of their liberty and happiness, ho#eve much the" ma" conflict #ith the customs
o la#s of pocedue #ith #hich the" ae familia. 2t is evident that the most enli(thened thou(ht of the
Philippine 2slands full" appeciates the impotance of these pinciples and ules, and the" #ill inevitabl"
#ithin a shot time command univesal assent.
The couts have natuall" ta.en the same vie#. M. Bustice Elliott, spea.in( fo ou 'upeme Cout, in the case of
<nited 'tates vs. Bull >F1+1*G, 1% Phil., /?, said0 )The Pesident and Con(ess famed the (ovenment on the
model #ith #hich Ameican ae familia, and #hich has poven best adapted fo the advancement of the public
inteests and the potection of individual i(hts and pivile(es.)
&
Theefoe, it has come #ith some#hat of a shoc. to hea the statement made that the happiness, peace, and
pospeit" of the people of the Philippine 2slands and thei customs, habits, and pe8udices, to follo# the lan(ua(e
of Pesident Mc9inle", demand obeisance to authoit", and o"al potection fo that authoit".
Accodin( to ou vie#, aticle $%& of the 'panish Penal Code #as enacted b" the -ovenment of 'pain to potect
'panish officials #ho #ee the epesentatives of the 9in(. ;ith the chan(e of soveei(nt", a ne# (ovenment,
and a ne# theo" of (ovenment, as set up in the Philippines. 2t #as in no sense a continuation of the old,
althou(h meel" fo convenience cetain of the e3istin( institutions and la#s #ee continued. The demands #hich
the ne# (ovenment made, and ma.es, on the individual citi5en ae li.e#ise diffeent. No lon(e is thee a
Ministe of the Co#n o a peson in authoit" of such e3alted position that the citi5en must spea. of him onl" #ith
bated beath. ),n the eye of our (onstitution and la!s" every man is a soverei)n" a ruler and a freeman" and has
e2ual ri)hts !ith every other man. ;e have no an. o station, e3cept that of espectabilit" and intelli(ence as
opposed to indecenc" and i(noance, and the doo to this an. stands open to eve" man to feel" ente and
abide theein, if he is !ualified, and #hethe he is !ualified o not depends upon the life and chaacte and
attainments and conduct of each peson fo himself. Eve" man ma" la#full" do #hat he #ill, so lon( as it is
not malum in se o malum prohibitum o does not infin(e upon the !uall" saced i(hts of othes.)
>'tate vs. 'hephed F1+*@G, 1// Mo., $*%I ++ A. '. R., &$A.?
2t is tue that in En(land, fom #hich so man" of the la#s and institutions of the <nited 'tates ae deived, thee
#ee once statutes of scandalum ma)natum, unde #hich #ods #hich #ould not be actionable if spo.en of an
odina" sub8ect #ee made actionable if spo.en of a pee of the ealm o of an" of the (eat offices of the Co#n,
#ithout poof of an" special dama(e. The Co#n of En(land, unfotunatel", too. a vie# less toleant that that of
othe soveei(ns, as fo instance, the Empeos Au(ustus, Caesa, and Tibeius. These En(lish statutes have,
ho#eve, lon( since, become obsolete, #hile in the <nited 'tates, the offense of scandalum ma)natum is not
.no#n. 2n the eal" da"s of the Ameican Republic, a sedition la# #as enacted, ma.in( it an offense to libel the
-ovenment, the Con(ess, o the Pesident of the <nited 'tates, but the la# met #ith so much popula
disappoval, that it #as soon epealed. ),n this country no distinction as to persons is reco)nized, and in pactice a
peson holdin( a hi(h office is e(aded as a ta(et at #hom an" peson ma" let fl" his poisonous #ods. 1i(h
official position, instead of affodin( immunit" fom slandeous and libelous cha(es, seems athe to be e(aded
as ma.in( his chaacte fee plunde fo an" one #ho desies to ceate a senation b" attac.in( it.) >Ne#ell,
'lande and =ibel, @d ed., p. $A%I 'illas vs. Collie F1H+*G, 1%1 Mass., %*I & =.R.A., &H*.?
Aticle $%& of the Penal Code is conta" to the (enius and fundamental pinciples of the Ameican chaacte and
s"stem of (ovenment. The (ulf #hich sepaates this aticle fom the spiit #hich inspies all penal le(islation of
Ameican oi(in, is as #ide as that #hich sepaates a monach" fom a democatic Republic li.e that of the <nited
'tates. This aticle #as co#ded out b" implication as soon as the <nited 'tates established its authoit" in the
Philippine 2slands. Penalties out of all popotion to the (avit" of the offense, (ounded in a distoted monachical
conception of the natue of political authoit", as opposed to the Ameican conception of the potection of the
inteests of the public, have been obliteated b" the pesent s"stem of (ovenment in the 2slands. 3a!ph4l.net
,om an entiel" diffeent point of vie#, it must be noted that this aticle punishes contempts a(ainst e3ecutive
officials, althou(h its tems ae boad enou(h to cove the entie official class. Punishment fo contempt of non-
8udicial offices has no place in a (ovenment based upon Ameican pinciples. 6u official class is not, as in
monachies, an a(ent of some authoit" (eate than the people but it is an a(ent and sevant of the people
themselves. These officials ae onl" entitled to espect and obedience #hen the" ae actin( #ithin the scope of
thei authoit" and 8uisdiction. The Ameican s"stem of (ovenment is calculated to enfoce espect and
obedience #hee such espect and obedience is due, but neve does it place aound the individual #ho happens
to occup" an official position b" mandate of the people an" official halo, #hich calls fo dastic punishment fo
contemptuous ema.s.
The cime of lese ma*este disappeaed in the Philippines #ith the atification of the Teat" of Pais. Ministes of
the Co#n have no place unde the Ameican fla(.
/
To summai5e, the esult is, that all the membes of the cout ae of the opinion, althou(h fo diffeent easons,
that the 8ud(ment should be evesed and the defendant and appellant ac!uitted, #ith costs de officio. 'o
odeed.
5strand and 6ohns" 66." concur.
Se#$r$te O#%&%o&'
!R!ULLO, C.J., concuin(0
2 concu #ith the dispositive pat of the foe(oin( decision, that is, #ith the ac!uittal of the accused, fo the sole
eason that the facts alle(ed in the infomation do not constitute a violation of aticle $%& of the Penal CodeI fo
althou(h that aticle is in foce #ith espect to calumn", in8uia, o insult, b" deed o #od, a(ainst an authoit" in
the pefomance of his duties o b" eason theeof, outside of his pesence, it is epealed b" the =ibel =a# in so
fa as it efes to calumn", in8uia, o insult committed a(ainst an authoit" b" #itin( o pintin(, as #as that
inseted in the said infomation.
ROMU!L"E(, J., concuin(0
2 concu #ith the esult. 2 believe that the esponsibilit" of the accused has not been sho#n eithe unde aticle
$%& of the Penal Code o unde the =ibel =a#.
2 am of the opinion that aticle $%& of the Penal Code is still in foce, e3cept as it efes to )Ministes of the Co#n,)
#hom #e do not have in ou -ovenment, and to calumn", in*uria, o insult, b" #itin( o pintin(, committed
a(ainst an authoit" in the pefomance of his duties o b" eason theeof, #hich potion #as epealed b" the =ibel
=a#.
6ohnson" 'treet" Avance7a and Villamor" 66." concur.
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. )8*+9 !,-,'t 31, 198)
!LFRE"O M. "E LEON, !NGEL S. S!L!M!T, M!RO C. ST!. !N!, .OSE C. TOLENTNO, ROGELO .. "E
L! ROS! $&/ .OSE M. RESURRECCON, petitiones,
vs.
HON. 0EN.!MN 0. ESGUERR!, %& 1%' c$#$c%t2 $' OC Go3er&or o4 t1e Pro3%&ce o4 R%5$6, HON. ROMEO
C. "E LEON, %& 1%' c$#$c%t2 $' OC M$2or o4 t1e M,&%c%#$6%t2 o4 T$2t$2, R%5$6, FLORENTNO G. M!GNO,
REMGO M. TG!S, RC!R"O (. L!C!NENT!, TEO"ORO 7. ME"N!, ROSEN"O S. P!(, $&/ TEREST!
L. TOLENTNO, espondents.

MELENCO-HERRER!, J.:
An oi(inal action fo Pohibition instituted b" petitiones see.in( to en8oin espondents fom eplacin( them fom
thei espective positions as Baan(a" Captain and Baan(a" Councilmen of Baan(a" 7oloes, Municipalit" of
Ta"ta", Povince of Ri5al.
H
As e!uied b" the Cout, espondents submitted thei Comment on the Petition, and petitione:s thei Repl" to
espondents: Comment.
2n the Baan(a" elections held on Ma" 1/, 1+H$, petitione Alfedo M. 7e =eon #as elected Baan(a" Captain
and the othe petitiones An(el '. 'alamat, Maio C. 'ta. Ana, Bose C. Tolentino, Ro(elio B. de la Rosa and Bose
M. Resueccion, as Baan(a" Councilmen of Baan(a" 7oloes, Ta"ta", Ri5al unde Batas Pambansa Bl(. $$$,
othe#ise .no#n as the Baan(a" Election Act of 1+H$.
6n ,ebua" +, 1+H/, petitione Alfedo M, de =eon eceived a Memoandum antedated 7ecembe 1, 1+H& but
si(ned b" espondent 62C -oveno Ben8amin Es(uea on ,ebua" H, 1+H/ desi(natin( espondent ,loentino
-. Ma(no as Baan(a" Captain of Baan(a" 7oloes, Ta"ta", Ri5al. The desi(nation made b" the 62C -oveno
#as )b" authoit" of the Ministe of =ocal -ovenment.)
Also on ,ebua" H, 1+H/, espondent 62C -oveno si(ned a Memoandum, antedated 7ecembe 1, 1+H&
desi(natin( espondents Remi(io M. Ti(as, Ricado J. =acanienta Teodoo E. Medina, Robeto '. Pa5 and
Teesita =. Tolentino as membes of the Baan(a" Council of the same Baan(a" and Municipalit".
That the Memoanda had been antedated is evidenced b" the Affidavit of espondent 62C -oveno, the petinent
potions of #hich ead0
333 333 333
That 2 am the 62C -oveno of Ri5al havin( been appointed as such on Mach $*, 1+H&I
That as bein( 62C -oveno of the Povince of Ri5al and in the pefomance of m" duties theeof,
2 amon( othes, have si(ned as 2 did si(n the unnumbeed memoandum odein( the
eplacement of all the baan(a" officials of all the baan(a">s? in the Municipalit" of Ta"ta", Ri5alI
That the above cited memoandum dated 7ecembe 1, 1+H& #as si(ned b" me pesonall" on
,ebua" H,1+H/I
That said memoandum #as futhe deciminated >sic? to all concened the follo#in( da",
,ebua" +. 1+H/.
,<RT1ER A,,2ANT 'AKET1 N6NE.
Pasi(, Meto Manila, Mach $@, 1+H/.
Befoe us no#, petitiones pa" that the sub8ect Memoanda of ,ebua" H, 1+H/ be declaed null and void and
that espondents be pohibited fom ta.in( ove thei positions of Baan(a" Captain and Baan(a" Councilmen,
espectivel". Petitiones maintain that pusuant to 'ection @ of the Baan(a" Election Act of 1+H$ >BP Bl(. $$$?,
thei tems of office )shall be si3 >&? "eas #hich shall commence on Bune /, 1+H$ and shall continue until thei
successos shall have elected and shall have !ualified,) o up to Bune /, 1+HH. 2t is also thei position that #ith the
atification of the 1+H/ Constitution, espondent 62C -oveno no lon(e has the authoit" to eplace them and to
desi(nate thei successos.
6n the othe hand, espondents el" on 'ection $, Aticle 222 of the Povisional Constitution, pomul(ated on Mach
$%, 1+H&, #hich povided0
'ECT26N $. All elective and appointive officials and emplo"ees unde the 1+/@ Constitution shall
continue in office until othe#ise povided b" poclamation o e3ecutive ode o upon the
desi(nation o appointment and !ualification of thei successos, if such appointment is made
#ithin a peiod of one "ea fom ,ebua" $%,1+H&.
+
B" eason of the foe(oin( povision, espondents contend that the tems of office of elective and appointive
officials #ee abolished and that petitiones continued in office b" vitue of the afoe!uoted povision and not
because thei tem of si3 "eas had not "et e3piedI and that the povision in the Baan(a" Election Act fi3in( the
tem of office of Baan(a" officials to si3 >&? "eas must be deemed to have been epealed fo bein( inconsistent
#ith the afoe!uoted povision of the Povisional Constitution.
E3aminin( the said povision, thee should be no !uestion that petitiones, as elective officials unde the 1+/@
Constitution, ma" continue in office but should vacate thei positions upon the occuence of an" of the events
mentioned. 1
'ince the pomul(ation of the Povisional Constitution, thee has been no poclamation o e3ecutive ode
teminatin( the tem of elective Baan(a" officials. Thus, the issue fo esolution is #hethe o not the desi(nation
of espondents to eplace petitiones #as validl" made duin( the one-"ea peiod #hich ended on ,ebua" $%,
1+H/.
Considein( the candid Affidavit of espondent 62C -oveno, #e hold that ,ebua" H, 1+//, should be
consideed as the effective date of eplacement and not 7ecembe 1,1+H& to #hich it #as ante dated, in .eepin(
#ith the dictates of 8ustice.
But #hile ,ebua" H, 1+H/ is ostensibl" still #ithin the one-"ea deadline, the afoe!uoted povision in the
Povisional Constitution must be deemed to have been oveta.en b" 'ection $/, Aticle DE222 of the 1+H/
Constitution eadin(.
'E(8,5N #$. This Constitution shall ta.e effect immediatel" upon its atification b" a ma8oit" of
the votes cast in a plebiscite held fo the pupose and shall supesede all pevious Constitutions.
The 1+H/ Constitution #as atified in a plebiscite on ,ebua" $, 1+H/. B" that date, theefoe, the Povisional
Constitution must be deemed to have been supeseded. 1avin( become inopeative, espondent 62C -oveno
could no lon(e el" on 'ection $, Aticle 222, theeof to desi(nate espondents to the elective positions occupied
b" petitiones.
Petitiones must no# be held to have ac!uied secuit" of tenue speciall" considein( that the Baan(a" Election
Act of 1+H$ declaes it )a polic" of the 'tate to (uaantee and pomote the autonom" of the baan(a"s to ensue
thei fullest development as self-eliant communities.
2
'imilal", the 1+H/ Constitution ensues the autonom" of
local (ovenments and of political subdivisions of #hich the baan(a"s fom a pat,
3
and limits the Pesident:s
po#e to )(eneal supevision) ove local (ovenments.
4
Relevantl", 'ection H, Aticle D of the same 1+H/
Constitution futhe povides in pat0
'ec. H. The tem of office of elective local officials, e3cept baan(a" officials, #hich shall be
detemined b" la#, shall be thee "eas ...
<ntil the tem of office of baan(a" officials has been detemined b" la#, theefoe, the tem of office of si3 >&?
"eas povided fo in the Baan(a" Election Act of 1+H$
+
should still (oven.
Conta" to the stand of espondents, #e find nothin( inconsistent bet#een the tem of si3 >&? "eas fo elective
Baan(a" officials and the 1+H/ Constitution, and the same should, theefoe, be consideed as still opeative,
pusuant to 'ection @, Aticle DE222 of the 1+H/ Constitution, eadin(0
'ec. @. All e3istin( la#s, decees, e3ecutive odes, poclamations lettes of instuctions, and
othe e3ecutive issuances not inconsistent, #ith this Constitution shall emain opeative until
amended, epealed o evo.ed.
1*
;1ERE,6RE, >1? The Memoanda issued b" espondent 62C -oveno on ,ebua" H, 1+H/ desi(natin(
espondents as the Baan(a" Captain and Baan(a" Councilmen, espectivel", of Baan(a" 7oloes, Ta"ta",
Ri5al, ae both declaed to be of no le(al foce and effectI and >$? the ;it of Pohibition is (anted en8oinin(
espondents pepetuall" fom poceedin( #ith the ousteLta.e-ove of petitiones: positions sub8ect of this Petition.
;ithout costs.
'6 6R7ERE7.
9ap" :ernan" Narvasa" Gutierrez" 6r." aras" :eliciano" Gancayco" adilla" ;idin and (ortes" 66." concur.


Se#$r$te O#%&%o&'

TEEH!N8EE, CJ., concuin(0
The main issue esolved in the 8ud(ment at ba is #hethe the 1+H/ Constitution too. effect on :ebruary #" 3<=$,
the date that the plebiscite fo its atification #as held o #hethe it too. effect on :ebruary 33" 3<=$, the date its
atification #as poclaimed pe Poclamation No. %H of the Pesident of the Philippines, Coa5on C. A!uino.
The Cout:s decision, #ith the lone dissent of M. Bustice 'amiento, holds that b" vitue of the povision of Aticle
DE222, 'ection $/ of the 1+H/ Constitution that it )shall ta.e effect immediatel" upon its atification b" a ma8oit" of
the votes cast in a plebiscite held fo the pupose,) the 1+H/ Constitution too. effect on ,ebua" $, 1+H/, the date
of its atification in the plebiscite held on that same date.
The thust of the dissent is that the Constitution should be deemed to )ta.e effect on the date its atification shall
have been ascetained and not at the time the people cast thei votes to appove o e8ect it.) This vie# #as
actuall" poposed at the Constitutional Commission delibeations, but #as #ithda#n b" its poponent in the face
of the )ove#helmin() conta" vie# that the Constitution )#ill be effective on the ve" da" of the plebiscite.)
The ecod of the poceedin(s and debates of the Constitutional Commission full" suppots the Cout:s 8ud(ment.
2t sho#s that the clea, une!uivocal and e3pess intent of the Constitutional Conunission in unanimousl"
appovin( >b" thit"-five votes in favo and none a(ainst? the afoe!uoted 'ection $/ of Tansito" Aticle DE222 of
the 1+H/ Constitution #as that )the act of atification is the act of votin( b" the people. 'o that is the date of the
atification) and that )the canvass theeafte Fof the votesG is meel" the mathematical confimation of #hat #as
done duin( the date of the plebiscite and the poclamation of the Pesident is meel" the official confimato"
declaation of an act #hich #as actuall" done b" the ,ilipino people in adoptin( the Constitution #hen the" cast
thei votes on the date of the plebiscite.)
The ecod of the delibeations and the votin( is epoduced heeinbelo#0 1
MR. MAAMB6N-. Madam resident" may !e no! put to a vote the ori)inal formulation of the
committee as indicated in 'ection 3#" unless there are other commissioners !ho !ould li+e to
present amendments.
MR. 7AE27E. Madam resident.
T1E PRE'27ENT. (ommissioner >avide is reco)nized.
11
MR. 7AE27E. Ma" 2 popose the follo#in( amendments.
6n line $, delete the #ods )its atification) and in lieu theeof inset the follo#in(-. )T1E
PR6C=AMAT26N BK T1E PRE'27ENT T1AT 2T 1A' BEEN RAT2,2E7.) And on the last line,
afte )constitutions,) add the follo#in(0 )AN7 T1E2R AMEN7MENT'.)
MR. MAAMB6N-. Bust a moment, Madam Pesident. 2f Commissione 7avide is (oin( to
popose an additional sentence, the committee #ould su((est that #e ta.e up fist his
amendment to the fist sentence as oi(inall" fomulated. ;e ae no# ead" to comment on that
poposed amendment.
The poposed amendment #ould be to delete the #ods )its atification and in lieu theeof inset
the #ods )T1E PR6C=AMAT26N BK T1E PRE'27ENT T1AT 2T 1A' BEEN RAT2,2E7.) And
the second amendment #ould be0 Afte the #od )constitutions,) add the #ods) AN7 T1E2R
AMEN7MENT',)
The committee accepts the fist poposed amendment. 1o#eve, #e e(et that #e cannot accept
the second poposed amendment afte the #od )constitutions) because the committee feels that
#hen #e tal. of all pevious Constitutions, necessail" it includes )AN7 T1E2R AMEN7MENT'.)
MR. 7AE27E. ;ith that e3planation, l #ill not insist on the second. But, Madam Pesident, ma" 2
e!uest that 2 be allo#ed to ead the second amendment so the Commission #ould be able to
appeciate the chan(e in the fist.
MR. MAAMB6N-. Kes, Madam Pesident, #e can no# do that.
MR. 7AE27E. The second sentence #ill ead0 )T1E PR6C=AMAT26N '1A== BE MA7E ;2T12N
,2EE 7AK' ,6==6;2N- T1E C6MP=ET26N 6, T1E CANEA'' BK T1E C6MM2''26N 6N
E=ECT26N' 6, T1E RE'<=T' 6, '<C1 P=EB2'C2TE.)
MR. MAAMB6N-. Madam Pesident, afte confein( #ith ou chaiman, the committee feels that
the second poposed amendment in the fom of a ne# sentence #ould not be e3actl" necessa"
and the committee feels that it #ould be too much fo us to impose a time fame on the Pesident
to ma.e the poclamation. As #e #ould ecall, Madam Pesident, in the appoved Aticle on the
E3ecutive, thee is a povision #hich sa"s that the Pesident shall ma.e cetain that all la#s shall
be faithfull" complied. ;hen #e appove this fist sentence, and it sa"s that thee #ill be a
poclamation b" the Pesident that the Constitution has been atified, the Pesident #ill natuall"
compl" #ith the la# in accodance #ith the povisions in the Aticle on the E3ecutive #hich #e
have cited. 2t #ould be too much to impose on the Pesident a time fame #ithin #hich she #ill
ma.e that declaation. 2t #ould be assumed that the Pesident #ould immediatel" do that afte the
esults shall have been canvassed b" the C6ME=EC.
Theefoe, the committee e(ets that it cannot accept the second sentence #hich the -entleman
is poposin(, Madam Pesident.
MR. 7AE27E. 2 am pepaed to #ithda# the same on the assumption that thee #ill be an
immediate poclamation of the esults b" the Pesident.
MR. MAAMB6N-. ;ith that undestandin(, Madam Pesident.
MR. 7AE27E. 2 #ill not insist on the second sentence.
,R. BERNA'. Madam Pesident.
1$
T1E PRE'27ENT. Commissione Benas is eco(ni5ed.
,R. BERNA'. 2 #ould as. the committee to econside its acceptance of the amendment #hich
ma.es the effectivit" of the ne# Constitution dependent upon the poclamation of the
Pesident.8he effectivity of the (onstitution should commence on the date of the ratification" not
on the date of the proclamation of the resident. ;hat is confusin(, 2 thin., is !hat happened in
3<$& #hen the amendments of 1+/& #ee atified. 2n that paticula case, the eason the
amendments of 3<$& !ere effective upon the proclamation of the resident #as that the daft
pesented to the people said that the amendment #ill be effective upon the poclamation made b"
the Pesident. 2 have a suspicion that #as put in thee pecisel" to (ive the Pesident some .ind
of lee#a" on #hethe to announce the atification o not. Theefoe, !e should not ma+e this
dependent on the action of the resident since this !ill be a manifestation of the act of the people
to be done under the supervision of the (5MELE( and it should be the C6ME=EC #ho should
ma.e the announcement that, in fact, the votes sho# that the Constitution #as atified and thee
should be no need to #ait fo an" poclamation on the pat of the Pesident.
MR. MAAMB6N-. ;ould the -entleman ans#e a fe# claificato" !uestions4
,R. BERNA'. ;illin(l", Madam Pesident.
MR. MAAMB6N-. The -entleman #ill a(ee that a date has to be fi3ed as to e3actl" #hen the
Constitution is supposed to be atified.
,R. BERNA'. 2 #ould sa" that the ratification of the (onstitution is on the date the votes !ere
supposed to have been cast.
MR. MAAMB6N-. =et us (o to the mechanics of the #hole thin(, Madam Pesident. ;e pesent
the Constitution to a plebiscite, the people e3ecise thei i(ht to vote, then the votes ae
canvassed b" the Commission on Elections. 2f #e delete the su((ested amendment #hich sa"s0
)T1E PR6C=AMAT26N BK T1E PRE'27ENT T1AT 2T 1A' BEEN RAT2,2E7,) #hat #ould be,
in clea tems, the date #hen the Constitution is supposed to be atified o not atified, as the
case ma" be4
,R. BERNA'. The date #ould be the castin( of the ballots. if the Pesident #ee to sa" that the
plebiscite #ould be held, fo instance, on Banua" 1+, 1+H/, then the date fo the effectivit" of the
ne# Constitution #ould be Banua" 1+, 1+H/.
MR. MAAMB6N-. 2n othe #ods, it #ould not depend on the actual issuance of the esults b"
the Commission on Elections #hich #ill be doin( the canvass4 That is immateial Madam
Pesident
,R. BERNA'. 2t #ould not, Madam Pesident, because )atification) is the act of sa"in( )"es) is
done #hen one casts his ballot.
MR. MAAMB6N-. 'o it is the date of the plebiscite itself, Madam Pesident4
,R. BERNA'. Kes, Madam Pesident.
MR. MAAMB6N-. ;ith that statement of Commissione Benas, #e #ould li.e to .no# fom the
poponent, Commissione 7avide, if he is insistin( on his amendment.
MR. 7AE27E. Madam Pesident, 2 am insistin( on the amendment because 2 cannot subscibe to
the vie# of Commissione Benas, that the date of the atification is ec.oned fom the date of the
1@
castin( of the ballots. That cannot be the date of ec.onin( because it is a plebiscite all ove the
count". ;e do not split the moment of castin( b" each of the votes. Actuall" and technicall"
spea.in(, it #ould be all i(ht if it #ould be upon the announcement of the esults of the canvass
conducted b" the C6ME=EC o the esults of the plebiscite held all ove the count". But it is
necessa" that thee be a bod" #hich #ill ma.e the fomal announcement of the esults of the
plebiscite. 'o it is eithe the Pesident o the C6ME=EC itself upon the completion of the canvass
of the esults of the plebiscite, and 2 opted fo the Pesident.
333 333 333
MR. N6==E76. Madam Pesident.
T1E PRE'27ENT. Commissione Nolledo is eco(ni5ed.
MR. N6==E76. Than. "ou, Madam Pesident. 2 be( to disa(ee #ith Commissione 7avide. 2
suppot the stand of Commissione Benas because it is really the date of the castin) of the ?yes?
votes that is the date of the ratification of the (onstitution 8he announcement merely confirms the
ratification even if the esults ae eleased t#o o thee da"s afte. 2 thin. it is a fundamental
pinciple in political la#, even in civil la#, because an announcement is a mee confimation 8he
act of ratification is the act of votin) by the people. 'o that is the date of the atification. 2f thee
should be an" need fo pesidential poclamation, that poclamation #ill meel" confim the act of
atification.
Than. "ou, Madam Pesident.
T1E PRE'27ENT. 7oes Commissione Re(alado #ant to contibute4
MR. RE-A=A76. Madam Pesident, 2 #as pecisel" (oin( to state the same suppot fo
Commissione Benas, because the canvass theeafte is meel" the mathematical
confirmation of #hat #as done duin( the date of the plebiscite and the proclamation of the
Pesident is merely the official confirmatory declaration of an act !hich !as actually done by the
:ilipino people in adoptin) the (onstitution !hen they cast their votes on the date of the
plebiscite.
MR. =ER<M. Madam Pesident, ma" 2 be eco(ni5ed.
T1E PRE'27ENT. Commissione =eum is eco(ni5ed.
MR. =ER<M. 2 am in favo of the 7avide amendment because #e have to fi3 a date fo the
effectivit" of the Constitution. 'uppose the announcement is dela"ed b", sa", 1* da"s o a month,
#hat happens to the obli(ations and i(hts that accue upon the appoval of the Constitution4 'o 2
thin. #e must have a definite date. 2 am, theefoe, in favo of the 7avide amendment.
MR. MAAMB6N-. Madam Pesident.
T1E PRE'27ENT. Commissione Maambon( is eco(ni5ed.
MR. MAAMB6N-. ;ith the theo" of the Commissione, #ould thee be a necessit" fo the
Commission on Elections to declae the esults of the canvass4
,R. BERNA'. Thee #ould be because it is the (ommission on Elections !hich ma+es the
official announcement of the results.
1A
MR. MAAMB6N-. M" ne3t !uestion #hich is the final one is0 Afte the Commision on Elections
has declaed the esults of the canvass, #ill thee be a necessit" fo the Pesident to ma.e a
poclamation of the esults of the canvass as submitted b" the Commission on Elections4
,R. BERNA'. 2 #ould sa" thee #ould be no necessit", Madam Pesident.
MR. MAAMB6N-. 2n othe #ods, the Pesident ma" o ma" not ma.e the poclamation #hethe
the Constitution has been atified o not.
,R. BERNA'. 2 #ould sa" that the poclamation made b" the Pesident #ould be immateial
because unde the la#, the administation of all election la#s is unde an independent
Commission on Elections. 2t is the Commission on Elections #hich announces the esults.
MR. MAAMB6N-. But nevetheless, the Pesident ma" ma.e the poclamation.
,R. BERNA'. Kes, the Pesident ma". And if #hat he sa"s contadicts #hat the Commission on
Elections sa"s, it #ould have no effect. 2 #ould onl" add that #hen #e sa" that the date of
effectivit" is on the da" of the castin( of the votes, #hat #e mean is that the Constitution ta.es
effect on eve" sin(le minute and eve" sin(le second of that da", because the Civil Code sa"s a
da" has $A hous.'o that even if the votes are cast in the mornin)" the (onstitution is really
effective from the previous midni)ht.
'o that #hen #e adopted the ne# ule on citi5enship, the childen of ,ilipino mothes o an"bod"
bon on the date of effectivit" of the 1+/@ Constitution, #hich is Banua" 1/, 1+/@, ae natual-
bon citi5ens, no matte #hat time of da" o ni(ht.
MR. MAAMB6N-. Could #e, theefoe, safel" sa" that #hateve date is the publication of the
results of the canvass by the (5MELE( retroacts to the date of the plebiscite@
,R. BERNA'. Kes, Madam Pesident.
MR. MAAMB6N-. 2 than. the Commissione.
MR. -<2N-6NA. Madam Pesident.
T1E PRE'27ENT. Commissione -uin(ona is eco(ni5ed.
MR. -<2N-6NA. Mention #as made about the need fo havin( a definite date. 2 thin. it is
pecisel" the poposal of Commissione Benas #hich spea.s of the date >of atification that
#ould have a definite date, because there !ould be no definite date if !e depend upon the
canvassin) by the (5MELE(.
Than. "ou,
T1E PRE'27ENT. Commissione Concepcion is eco(ni5ed.
MR. C6NCEPC26N. Than. "ou, Madam Pesident.
;hoeve ma.es the announcement as to the esult of the plebiscite, be it the C6ME=EC o the
Pesident, #ould announce that a ma8oit" of the votes cast on a (iven date #as in favo of the
Constitution. And that is the date #hen the Constitution ta.es effect, apat fom the fact that the
povision on the daftin( o amendment of the Constitution povides that a constitution becomes
1%
effective upon atification b" a ma8oit" of the votes cast, althou(h 2 #ould not sa" fom the ve"
be(innin( of the date of election because as of that time it is impossible to detemine #hethe
thee is a ma8oit". At the end of the day of election or plebiscite" the determination is made as of
that time-the ma*ority of the votes cast in a plebiscite held on such and such a date. 'o that is the
time !hen the ne! (onstitution !ill be considered ratified and" therefore" effective.
T1E PRE'27ENT. Ma" #e no# hea Eice-Pesident Padilla.
MR. PA72==A. Madam Pesident, 2 am a(ainst the poposed amendment of Commissione
7avide and 2 suppot the vie# of Commissione Benas and the othes because the atification of
the Constitution is on the date the people, b" a ma8oit" vote, have cast thei votes in favo of the
Constitution. Even in civil la#, if thee is a contact, sa", bet#een an a(ent and a thid peson and
that contact is confimed o atified b" the pincipal, the validit" does not be(in on the date of
atification but it etoacts fom the date the contact #as e3ecuted.
Theefoe, the date of the (onstitution as ratified should retroact to the date that the people have
cast their affirmative votes in favor of the (onstitution.
MR. MAAMB6N-. Madam Pesident.
T1E PRE'27ENT. Commissione Maambon( is eco(ni5ed
MR. MAAMB6N-. ;e #ill no# as. once moe Commissione 7avide if he is insistin( on his
amendment
MR. 7AE27E. ,n vie! of the e0planation and over!helmin) t"ann" of the opinion that it !ill be
effective on the very day of the plebiscite, 2 am !ithdra!in) m" amendment on the assumption
that an" of the follo#in( bodies the 6ffice of the Pesident o the C6ME=EC #ill ma.e the fomal
announcement of the esults.
MR. RAMA. Madam Pesident, #e ae no# ead" to vote on the oi(inal povision as stated b"
the committee.
MR. MAAMB6N-. The committee #ill ead a(ain the fomulation indicated in the oi(inal
committee epot as 'ection 1$.
8his (onstitution shall ta+e effect immediately upon its ratification by a ma*ority of the votes cast
in a plebiscite called for the purpose and shall supersede all previous (onstitutions.
;e as. fo a vote, Madam Pesident.
E 6 T 2 N -
T1E PRE'27ENT. As man" as ae in favo, please aise thei hand. >'everal Members raised
their hands.?
As man" as ae a(ainst, please aise thei hand. >No Member raised his hand.?
8he results sho! A% votes in favor and none a)ainst1 'ection 3# is approved.
2
The Cout ne3t holds as a conse!uence of its declaation at ba that the Constitution too. effect on the date of its
atification in the plebiscite held on ,ebua" $, 1+H/, that0 >1? the Povisional Constitution pomul(ated on Mach
1&
$%, 1+H& must be deemed to have been supeseded b" the 1+H/ Constitution on the same date ,ebua" $, 1+H/
and >$? b" and afte said date, ,ebua" $, 1+H/, absent an" sa"in( clause to the conta" in the Tansito" Aticle
of the Constitution, espondent 62C -oveno could no lon(e e3ecise the po#e to eplace petitiones in thei
positions as Baan(a" Captain and Councilmen. 1ence, the attempted eplacement of petitiones b" espondent
62C -oveno:s desi(nation on ,ebua" H, 1+H/ of thei successos could no lon(e poduce an" le(al foce and
effect. ;hile the Povisional Constitution povided fo a one-"ea peiod e3piin( on Mach $%, 1+H/ #ithin #hich
the po#e of eplacement could be e3ecised, this peiod #as shotened b" the atification and effectivit" on
,ebua" $, 1+H/ of the Constitution. 1ad the intention of the fames of the Constitution been othe#ise, the"
#ould have so povided fo in the Tansito" Aticle, as indeed the" povided fo multifaious tansito" povisions
in t#ent" si3 sections of Aticle DE222, e.(. e3tension of the si3-"ea tem of the incumbent Pesident and Eice-
Pesident to noon of Bune @*, 1++$ fo puposes of s"nchoni5ation of elections, the continued e3ecise of
le(islative po#es b" the incumbent Pesident until the convenin( of the fist Con(ess, etc.
A final note of claification, as to the statement in the dissent that )the appointments of some seven Cout of
Appeals Bustices, /1 povincial fiscals and %% cit" fiscals epoted e3tended >b"? the Pesident on ,ebua" $,
1+H/ . . . could be open to seious !uestions,) in vie# of the povisions of 'ections H >1? and +, Aticle E222 of the
Constitution #hich e!uie pio endosement theeof b" the Budicial and Ba Council ceated unde the
Constitution. 2t should be stated fo the ecod that the epoted date of the appointments, ,ebua" $, 1+H/, is
incoect. The official ecods of the Cout sho# that the appointments of the seven Cout of Appeals Bustices
#ee tansmitted to this Cout on ,ebua" 1, 1+H/ and the" #ee all appointed on o befoe Banua" @1,
1+H/.
3
>'imilal", the ecods of the 7epatment of Bustice li.e#ise sho# that the appointment papes of the last
batch of povincial and cit" fiscals si(ned b" the Pesident in completion of the eo(ani5ation of the posecution
sevice #ee made on Banua" @1, 1+H/ and tansmitted to the 7epatment on ,ebua" 1, 1+H/.? 2t is also a
matte of ecod that since ,ebua" $, 1+H/, no appointments to the Budicia" have been e3tended b" the
Pesident, pendin( the constitution of the Budicial and Ba Council, indicatin( that the Chief E3ecutive has li.e#ise
consideed ,ebua" $, 1+H/ as the effective date of the Constitution, as no# e3pessl" declaed b" the Cout.
CRU(, J., concuin(.
2n he !uiet and estained manne, Bustice 1eea is able to pove he point #ith moe tellin( effect than the
tones of thunde. 'he has #itten anothe pesuasive opinion, and 2 am deli(hted to concu. 2 note that it in effect
affims m" dissents in the 7e la 'ena, Jamoa, 7u!uin( and Ba"as cases, #hee 2 submitted that the local 62Cs
ma" no lon(e be summail" eplaced, havin( ac!uied secuit" of tenue unde the ne# Constitution. 6u
diffeence is that #heeas 2 #ould ma.e that i(ht commence on ,ebua" $%, 1+H/, afte the deadline set b" the
,eedom Constitution, Bustice 1eea #ould opt fo ,ebua" $, 1+H/, #hen the ne# Constitution #as atified. 2
"ield to that bette vie# and a(ee #ith he ponencia completel".
S!RMENTO, J., 7issentin(.
;ith due espect to the ma8oit" 2 e(iste this dissent.
;hile 2 a(ee that the one-"ea deadline pescibed b" 'ection $, Aticle 222 of the Povisional Constitution #ith
espect to the tenue of (ovenment functionaies, as follo#s0
'ECT26N $. All elective and appointive officials and emplo"ees unde the 1+/@ Constitution shall
continue in office until othe#ise povided b" poclamation o e3ecutive ode o upon the
desi(nation o appointment and !ualification of thei successos, if such appointment is made
#ithin a peiod of one "ea fom ,ebua" $%, 1+H&.
#as cut shot b" the atification of the 1+H/ Constitution, 2 entetain seious doubts #hethe o not that cut-off
peiod be(an on ,ebua" $, 1+H/, the date of the plebiscite held to appove the ne# Chate. To m" mind the
1+H/ constitution too. effect on ,ebua" 11, 1+H/, the date the same #as poclaimed atified pusuant to
Poclamation No. %H of the Pesident of the Philippines, and not ,ebua" $, 1+H/, plebiscite da".
1/
2 el", fist and foemost, on the lan(ua(e of the 1+H/ Chate itself, thus0
'ec. $/. This Constitution sha( ta.e effect immediatel" upon its atification b" a ma8oit" of the
votes cast in a plebiscite held fo the pupose and shall supesede all pevious Constitutions.
2t is m" eadin( of this povision that the Constitution ta.es effect on the date its atification shall have been
ascetained, and not at the time the people cast thei votes to appove o e8ect it. ,o it cannot be lo(icall" said
that Constitution #as atified duin( such a plebiscite, #hen the #ill of the people as of that time, had not, and
could not have been, vet detemined.
6the than that, pa(matic consideations compel me to ta.e the vie#.
2 have no doubt that bet#een ,ebua" $, and ,ebua" 11, 1+H/ the (ovenment pefomed acts that #ould have
been valid unde the Povisional Constitution but #ould othe#ise have been void unde the 1+H/ Chate. 2 ecall,
in paticula, the appointments of some seven Cout of Appeals Bustices, /1 povincial fiscals, and %% cit" fiscals
the Pesident epotedl" e3tended on ,ebua" $, 1+H/. 1 <nde 'ections H >1? and +, Aticle E222, of the l+H/
Constitution, as follo#s0
333 333 333
'ec. H. >2?A Budicial and Ba Council is heeb" ceated unde the supevision of the 'upeme
Cout composed of the Chief Bustice as e0 officio Chaiman, the 'eceta" of Bustice, and a
epesentative of the Con(ess as e0 oficio Membes, a epesentative of the 2nte(ated Ba, a
pofesso of la#, a etied Membe of the 'upeme Cout, and a epesentative of the pivate
secto.
333 333 333
'ec. +. The Membes of the 'upeme Cout and 8ud(es of lo#e couts shall be appointed b" the
Pesident fom a list of at least thee nominees pepaed b" the Budicial and Ba Council fo eve"
vacanc", 'uch appointments need no confimation.
333 333 333
such appointments could be open to seious !uestions.
'ince 1+/@, moeove, #e have invaiabl" ec.oned the effectivit" of the Constitution as #ell as the amendments
theeto fom the date it is poclaimed atified.
2n Ma)toto v. Man)uera,
2
#e held that the 1+/@ Constitution became in foce and effect on Banua" 1/, 1+/@, the
date Poclamation No. 11*$, )Announcin( the Ratification b" the ,ilipino People of the Constitution Poposed b"
the 1+/1 Constitutional Convention,) #as issued, althou(h M. Bustice, no# Chief Bustice, Teehan.ee #ould push
its effectivit" date futhe to Apil 1/, 1+/@, the date ou decision in 6avellana v. E0ecutive 'ecretary,
3
became
final. And this #as so not#ithstandin( 'ection 1&, Aticle DE22, of the 1+/@ Constitution, thus0
'EC. 1&. This Constitution shall ta.e effect immediatel" upon its atification b" a ma8oit" of the
votes cast in a plebiscite called fo the pupose and, e3cept as heein povided, shall supesede
the Constitution of nineteen-hunded and thit"- five and all amendments theeto.
6n 6ctobe $/, 1+/&, then Pesident Macos pomul(ated Poclamation no. 1%+%, poclaimin( the atification of
the 1+/& amendments submitted in the plebiscite of 6ctobe 1&- 1/, 1+/&. The Poclamation states, inter alia,
that.
1H
B" vitue-of the po#es vested in me b" la#, 2 heeb" poclaim all the amendments embodied in this cetificate as
dul" atified b" the ,ilipino people in the efeendum- plebiscite held 6ct. 1&-1/, 1+/& and ae theefoe effective
and in full foce and effect as of this date.
2t shall be noted that unde Amendment No. + of the said 1+/& amendments.
These amendments shall ta.e effect afte the incumbent Pesident shall have poclaimed that
the" have been atified b" a ma8oit" of the votes cast in the efeendum-plebiscite.
6n Apil 1, 1+H*, the then Chief E3ecutive issued Poclamation no. 1+%+, )Poclaimin( the Ratification b" the
,ilipino People of the Amendments of 'ection /, Aticle D of the Constitution) >len(thenin( the tems of office of
8ud(es and 8ustices?. The Poclamation povides0
FtGhe above-!uoted amendment has been dul" atified b" a ma8oit" of the votes cast in the
plebiscite held, to(ethe #ith the election fo local officials, on Banua" @*, 1+H*, and that said
amendment is heeb" declaed to ta.e effect immediatel".
2t shall be noted that unde Resolution No. $1, dated 7ecembe 1H, 1+/+, the poposed amendment shall ta.e
effect on the date the incumbent PesidentLPime Ministe shall poclaim its atification.
6n Apil /, 1+H1, Poclamation No. $*// #as issued )Poclaimin( the Ratification in the Plebiscite of Apil /, 1+H1
of the Amendments to the Constitution Embodied in Batas Pambansa Bl(. 1$$ and 7eclain( Them Theefoe
Effective and in ,ull ,oce and Effect.) The Poclamation, in declain( the said amendments dul" appoved,
futhe declaed them )FeGffective and in full foce and in effect as of the date of this Poclamation,) 2t shall be
noted, in this connection, that unde Resolutions Nos. 2 and $ of the Batasan( Pambansa, Thid Re(ula 'ession,
'ittin( as a Constituent Assembl", #hich paented these amendments, the same0
. . .shall become valid as pat of the Constitution #hen appoved b" a ma8oit" of the votes cast in
a plebiscite to be held pusuant to 'ection $, Aticle DE2 of the Constitution.
6n the othe hand, Batas Pambansa Bl(. 1$$, )An Act to 'ubmit to the ,ilipino People, fo Ratification o
Re8ection, the Amendment to the Constitution of the Philippines, Poposed b" the Batasan( Pambansa, 'ittin( as
a Constituent Assembl", in its Resolutions Numbeed Thee, T#o, and 6ne, and to Appopiate ,unds Theefoe,)
povides, as follo#s0
'EC. /. The Commission on Elections, sittin( en banc, shad canvass and poclaim the esult of
the plebiscite usin( the cetificates submitted to it, dul" authenticated and cetified b" the Boad of
Canvasses of each povince o cit".
;e have, finall", Poclamation No. $@@$, )Poclaimin( the Ratification in the Plebiscite of Banua" $/, 1+HA, of the
Amendments to the Constitution Embodied in Batasan( Pambansa Resolutions Nos. 1*A, 1*%, 11*, 111, 11$ and
11@.) 2t states that the amendments0
....ae theefoe effective and in full foce and effect as of the date of this Poclamation.
2t caies out Resolution no. 1*A itself >as #ell as Resolutions Nos. 11* and 11$ and 'ection +, Batas Bl(. &A@?,
#hich states, that0
The poposed amendments shall ta.e effect on the date the Pesident of the Philippines shall
poclaim that the" have been atified b" a ma8oit" of the votes cast in the plebiscite held fo the
pupose, but not late than thee months fom the appoval of the amendments.
albeit Resolutions Nos. 1*%, 111, and 11@ povide, that0
1+
These amendments shall be valid as a pat of the Constitution #hen appoved b" a ma8oit" of
the votes cast in an electionLplebiscite at #hich it is submitted to the people fo thei atification
pusuant to 'ection $ of Aticle DE2 of the Constitution, as amended.
That a Constitution o amendments theeto ta.e effect upon poclamation of thei atification and not at the time of
the plebiscite is a vie# that is not peculia to the Macos ea.
The Resolution of Both 1ouses >of Con(ess? in Boint 'ession on the Mach 11, 1+A/ plebiscite called pusuant to
Republic Act No. /@ and the Resolution of Both 1ouses >of Con(ess? adopted on 'eptembe 1H, 1+A&, #as
adopted on Apil +,1+A/. The Apil +, 1+A/ Resolution ma.es no mention of a etoactive application.
Accodin(l", #hen the incumbent Pesident >Ms. Coa5on C. A!uino? poclaimed on ,ebua" 11, 1+H/, at
Malacanan( Palace0
... that the Constitution of the Republic of the Philippines adopted b" the Constitutional
Commission of 1+H&, includin( the 6dinance appended theeto, has been dul" atified b" the
,ilipino people and is theefoe effective and in full foce and effect.
4
the 1+H/ Constitution, in point of fact, came into foce and effect, 2 hold that it too. effect at no othe time.
2 submit that ou ulin( in onsica v. ,)nala)a
+
in #hich #e declaed, in passin(, that the ne# Chate #as atified
on ,ebua" $, 1+H/, does not in an" #a" #ea.en this dissent. As 2 stated, the ema. #as said in passin(-#e did
not esolve the case on account of a cate(oical holdin( that the 1+H/ Constitution came to life on ,ebua" $,
1+H/. 2n an" event, if #e did, 2 no# call fo its e-e3amination.
2 am theefoe of the opinion, consistent #ith the vie#s e3pessed above, that the challen(ed dismissals done on
,ebua" H, 1+H/ #ee valid, the 1+H/ Constitution not bein( then as "et in foce.


Se#$r$te O#%&%o&'
TEEH!N8EE, CJ., concuin(0
The main issue esolved in the 8ud(ment at ba is #hethe the 1+H/ Constitution too. effect on :ebruary #" 3<=$,
the date that the plebiscite fo its atification #as held o #hethe it too. effect on :ebruary 33" 3<=$, the date its
atification #as poclaimed pe Poclamation No. %H of the Pesident of the Philippines, Coa5on C. A!uino.
The Cout:s decision, #ith the lone dissent of M. Bustice 'amiento, holds that b" vitue of the povision of Aticle
DE222, 'ection $/ of the 1+H/ Constitution that it )shall ta.e effect immediatel" upon its atification b" a ma8oit" of
the votes cast in a plebiscite held fo the pupose,) the 1+H/ Constitution too. effect on ,ebua" $, 1+H/, the date
of its atification in the plebiscite held on that same date.
The thust of the dissent is that the Constitution should be deemed to )ta.e effect on the date its atification shall
have been ascetained and not at the time the people cast thei votes to appove o e8ect it.) This vie# #as
actuall" poposed at the Constitutional Commission delibeations, but #as #ithda#n b" its poponent in the face
of the )ove#helmin() conta" vie# that the Constitution )#ill be effective on the ve" da" of the plebiscite.)
The ecod of the poceedin(s and debates of the Constitutional Commission full" suppots the Cout:s 8ud(ment.
2t sho#s that the clea, une!uivocal and e3pess intent of the Constitutional Conunission in unanimousl"
appovin( >b" thit"-five votes in favo and none a(ainst? the afoe!uoted 'ection $/ of Tansito" Aticle DE222 of
$*
the 1+H/ Constitution #as that )the act of atification is the act of votin( b" the people. 'o that is the date of the
atification) and that )the canvass theeafte Fof the votesG is meel" the mathematical confimation of #hat #as
done duin( the date of the plebiscite and the poclamation of the Pesident is meel" the official confimato"
declaation of an act #hich #as actuall" done b" the ,ilipino people in adoptin( the Constitution #hen the" cast
thei votes on the date of the plebiscite.)
The ecod of the delibeations and the votin( is epoduced heeinbelo#0 1
MR. MAAMB6N-. Madam resident" may !e no! put to a vote the ori)inal formulation of the
committee as indicated in 'ection 3#" unless there are other commissioners !ho !ould li+e to
present amendments.
MR. 7AE27E. Madam resident.
T1E PRE'27ENT. (ommissioner >avide is reco)nized.
MR. 7AE27E. Ma" 2 popose the follo#in( amendments.
6n line $, delete the #ods )its atification) and in lieu theeof inset the follo#in(-. )T1E
PR6C=AMAT26N BK T1E PRE'27ENT T1AT 2T 1A' BEEN RAT2,2E7.) And on the last line,
afte )constitutions,) add the follo#in(0 )AN7 T1E2R AMEN7MENT'.)
MR. MAAMB6N-. Bust a moment, Madam Pesident. 2f Commissione 7avide is (oin( to
popose an additional sentence, the committee #ould su((est that #e ta.e up fist his
amendment to the fist sentence as oi(inall" fomulated. ;e ae no# ead" to comment on that
poposed amendment.
The poposed amendment #ould be to delete the #ods )its atification and in lieu theeof inset
the #ods )T1E PR6C=AMAT26N BK T1E PRE'27ENT T1AT 2T 1A' BEEN RAT2,2E7.) And
the second amendment #ould be0 Afte the #od )constitutions,) add the #ods) AN7 T1E2R
AMEN7MENT',)
The committee accepts the fist poposed amendment. 1o#eve, #e e(et that #e cannot accept
the second poposed amendment afte the #od )constitutions) because the committee feels that
#hen #e tal. of all pevious Constitutions, necessail" it includes )AN7 T1E2R AMEN7MENT'.)
MR. 7AE27E. ;ith that e3planation, l #ill not insist on the second. But, Madam Pesident, ma" 2
e!uest that 2 be allo#ed to ead the second amendment so the Commission #ould be able to
appeciate the chan(e in the fist.
MR. MAAMB6N-. Kes, Madam Pesident, #e can no# do that.
MR. 7AE27E. The second sentence #ill ead0 )T1E PR6C=AMAT26N '1A== BE MA7E ;2T12N
,2EE 7AK' ,6==6;2N- T1E C6MP=ET26N 6, T1E CANEA'' BK T1E C6MM2''26N 6N
E=ECT26N' 6, T1E RE'<=T' 6, '<C1 P=EB2'C2TE.)
MR. MAAMB6N-. Madam Pesident, afte confein( #ith ou chaiman, the committee feels that
the second poposed amendment in the fom of a ne# sentence #ould not be e3actl" necessa"
and the committee feels that it #ould be too much fo us to impose a time fame on the Pesident
to ma.e the poclamation. As #e #ould ecall, Madam Pesident, in the appoved Aticle on the
E3ecutive, thee is a povision #hich sa"s that the Pesident shall ma.e cetain that all la#s shall
be faithfull" complied. ;hen #e appove this fist sentence, and it sa"s that thee #ill be a
poclamation b" the Pesident that the Constitution has been atified, the Pesident #ill natuall"
$1
compl" #ith the la# in accodance #ith the povisions in the Aticle on the E3ecutive #hich #e
have cited. 2t #ould be too much to impose on the Pesident a time fame #ithin #hich she #ill
ma.e that declaation. 2t #ould be assumed that the Pesident #ould immediatel" do that afte the
esults shall have been canvassed b" the C6ME=EC.
Theefoe, the committee e(ets that it cannot accept the second sentence #hich the -entleman
is poposin(, Madam Pesident.
MR. 7AE27E. 2 am pepaed to #ithda# the same on the assumption that thee #ill be an
immediate poclamation of the esults b" the Pesident.
MR. MAAMB6N-. ;ith that undestandin(, Madam Pesident.
MR. 7AE27E. 2 #ill not insist on the second sentence.
,R. BERNA'. Madam Pesident.
T1E PRE'27ENT. Commissione Benas is eco(ni5ed.
,R. BERNA'. 2 #ould as. the committee to econside its acceptance of the amendment #hich
ma.es the effectivit" of the ne# Constitution dependent upon the poclamation of the
Pesident.8he effectivity of the (onstitution should commence on the date of the ratification" not
on the date of the proclamation of the resident. ;hat is confusin(, 2 thin., is !hat happened in
3<$& #hen the amendments of 1+/& #ee atified. 2n that paticula case, the eason the
amendments of 3<$& !ere effective upon the proclamation of the resident #as that the daft
pesented to the people said that the amendment #ill be effective upon the poclamation made b"
the Pesident. 2 have a suspicion that #as put in thee pecisel" to (ive the Pesident some .ind
of lee#a" on #hethe to announce the atification o not. Theefoe, !e should not ma+e this
dependent on the action of the resident since this !ill be a manifestation of the act of the people
to be done under the supervision of the (5MELE( and it should be the C6ME=EC #ho should
ma.e the announcement that, in fact, the votes sho# that the Constitution #as atified and thee
should be no need to #ait fo an" poclamation on the pat of the Pesident.
MR. MAAMB6N-. ;ould the -entleman ans#e a fe# claificato" !uestions4
,R. BERNA'. ;illin(l", Madam Pesident.
MR. MAAMB6N-. The -entleman #ill a(ee that a date has to be fi3ed as to e3actl" #hen the
Constitution is supposed to be atified.
,R. BERNA'. 2 #ould sa" that the ratification of the (onstitution is on the date the votes !ere
supposed to have been cast.
MR. MAAMB6N-. =et us (o to the mechanics of the #hole thin(, Madam Pesident. ;e pesent
the Constitution to a plebiscite, the people e3ecise thei i(ht to vote, then the votes ae
canvassed b" the Commission on Elections. 2f #e delete the su((ested amendment #hich sa"s0
)T1E PR6C=AMAT26N BK T1E PRE'27ENT T1AT 2T 1A' BEEN RAT2,2E7,) #hat #ould be,
in clea tems, the date #hen the Constitution is supposed to be atified o not atified, as the
case ma" be4
,R. BERNA'. The date #ould be the castin( of the ballots. if the Pesident #ee to sa" that the
plebiscite #ould be held, fo instance, on Banua" 1+, 1+H/, then the date fo the effectivit" of the
ne# Constitution #ould be Banua" 1+, 1+H/.
$$
MR. MAAMB6N-. 2n othe #ods, it #ould not depend on the actual issuance of the esults b"
the Commission on Elections #hich #ill be doin( the canvass4 That is immateial Madam
Pesident
,R. BERNA'. 2t #ould not, Madam Pesident, because )atification) is the act of sa"in( )"es) is
done #hen one casts his ballot.
MR. MAAMB6N-. 'o it is the date of the plebiscite itself, Madam Pesident4
,R. BERNA'. Kes, Madam Pesident.
MR. MAAMB6N-. ;ith that statement of Commissione Benas, #e #ould li.e to .no# fom the
poponent, Commissione 7avide, if he is insistin( on his amendment.
MR. 7AE27E. Madam Pesident, 2 am insistin( on the amendment because 2 cannot subscibe to
the vie# of Commissione Benas, that the date of the atification is ec.oned fom the date of the
castin( of the ballots. That cannot be the date of ec.onin( because it is a plebiscite all ove the
count". ;e do not split the moment of castin( b" each of the votes. Actuall" and technicall"
spea.in(, it #ould be all i(ht if it #ould be upon the announcement of the esults of the canvass
conducted b" the C6ME=EC o the esults of the plebiscite held all ove the count". But it is
necessa" that thee be a bod" #hich #ill ma.e the fomal announcement of the esults of the
plebiscite. 'o it is eithe the Pesident o the C6ME=EC itself upon the completion of the canvass
of the esults of the plebiscite, and 2 opted fo the Pesident.
333 333 333
MR. N6==E76. Madam Pesident.
T1E PRE'27ENT. Commissione Nolledo is eco(ni5ed.
MR. N6==E76. Than. "ou, Madam Pesident. 2 be( to disa(ee #ith Commissione 7avide. 2
suppot the stand of Commissione Benas because it is really the date of the castin) of the ?yes?
votes that is the date of the ratification of the (onstitution 8he announcement merely confirms the
ratification even if the esults ae eleased t#o o thee da"s afte. 2 thin. it is a fundamental
pinciple in political la#, even in civil la#, because an announcement is a mee confimation 8he
act of ratification is the act of votin) by the people. 'o that is the date of the atification. 2f thee
should be an" need fo pesidential poclamation, that poclamation #ill meel" confim the act of
atification.
Than. "ou, Madam Pesident.
T1E PRE'27ENT. 7oes Commissione Re(alado #ant to contibute4
MR. RE-A=A76. Madam Pesident, 2 #as pecisel" (oin( to state the same suppot fo
Commissione Benas, because the canvass theeafte is meel" the mathematical
confirmation of #hat #as done duin( the date of the plebiscite and the proclamation of the
Pesident is merely the official confirmatory declaration of an act !hich !as actually done by the
:ilipino people in adoptin) the (onstitution !hen they cast their votes on the date of the
plebiscite.
MR. =ER<M. Madam Pesident, ma" 2 be eco(ni5ed.
T1E PRE'27ENT. Commissione =eum is eco(ni5ed.
$@
MR. =ER<M. 2 am in favo of the 7avide amendment because #e have to fi3 a date fo the
effectivit" of the Constitution. 'uppose the announcement is dela"ed b", sa", 1* da"s o a month,
#hat happens to the obli(ations and i(hts that accue upon the appoval of the Constitution4 'o 2
thin. #e must have a definite date. 2 am, theefoe, in favo of the 7avide amendment.
MR. MAAMB6N-. Madam Pesident.
T1E PRE'27ENT. Commissione Maambon( is eco(ni5ed.
MR. MAAMB6N-. ;ith the theo" of the Commissione, #ould thee be a necessit" fo the
Commission on Elections to declae the esults of the canvass4
,R. BERNA'. Thee #ould be because it is the (ommission on Elections !hich ma+es the
official announcement of the results.
MR. MAAMB6N-. M" ne3t !uestion #hich is the final one is0 Afte the Commision on Elections
has declaed the esults of the canvass, #ill thee be a necessit" fo the Pesident to ma.e a
poclamation of the esults of the canvass as submitted b" the Commission on Elections4
,R. BERNA'. 2 #ould sa" thee #ould be no necessit", Madam Pesident.
MR. MAAMB6N-. 2n othe #ods, the Pesident ma" o ma" not ma.e the poclamation #hethe
the Constitution has been atified o not.
,R. BERNA'. 2 #ould sa" that the poclamation made b" the Pesident #ould be immateial
because unde the la#, the administation of all election la#s is unde an independent
Commission on Elections. 2t is the Commission on Elections #hich announces the esults.
MR. MAAMB6N-. But nevetheless, the Pesident ma" ma.e the poclamation.
,R. BERNA'. Kes, the Pesident ma". And if #hat he sa"s contadicts #hat the Commission on
Elections sa"s, it #ould have no effect. 2 #ould onl" add that #hen #e sa" that the date of
effectivit" is on the da" of the castin( of the votes, #hat #e mean is that the Constitution ta.es
effect on eve" sin(le minute and eve" sin(le second of that da", because the Civil Code sa"s a
da" has $A hous.
'o that even if the votes are cast in the mornin)" the (onstitution is really effective from the
previous midni)ht. 'o that #hen #e adopted the ne# ule on citi5enship, the childen of ,ilipino
mothes o an"bod" bon on the date of effectivit" of the 1+/@ Constitution, #hich is Banua" 1/,
1+/@, ae natual-bon citi5ens, no matte #hat time of da" o ni(ht.
MR. MAAMB6N-. Could #e, theefoe, safel" sa" that #hateve date is the publication of the
results of the canvass by the (5MELE( retroacts to the date of the plebiscite@
,R. BERNA'. Kes, Madam Pesident.
MR. MAAMB6N-. 2 than. the Commissione.
MR. -<2N-6NA. Madam Pesident.
T1E PRE'27ENT. Commissione -uin(ona is eco(ni5ed.
$A
MR. -<2N-6NA. Mention #as made about the need fo havin( a definite date. 2 thin. it is
pecisel" the poposal of Commissione Benas #hich spea.s of the date >of atification that
#ould have a definite date, because there !ould be no definite date if !e depend upon the
canvassin) by the (5MELE(.
Than. "ou,
T1E PRE'27ENT. Commissione Concepcion is eco(ni5ed.
MR. C6NCEPC26N. Than. "ou, Madam Pesident.
;hoeve ma.es the announcement as to the esult of the plebiscite, be it the C6ME=EC o the
Pesident, #ould announce that a ma8oit" of the votes cast on a (iven date #as in favo of the
Constitution. And that is the date #hen the Constitution ta.es effect, apat fom the fact that the
povision on the daftin( o amendment of the Constitution povides that a constitution becomes
effective upon atification b" a ma8oit" of the votes cast, althou(h 2 #ould not sa" fom the ve"
be(innin( of the date of election because as of that time it is impossible to detemine #hethe
thee is a ma8oit". At the end of the day of election or plebiscite" the determination is made as of
that time-the ma*ority of the votes cast in a plebiscite held on such and such a date. 'o that is the
time !hen the ne! (onstitution !ill be considered ratified and" therefore" effective.
T1E PRE'27ENT. Ma" #e no# hea Eice-Pesident Padilla.
MR. PA72==A. Madam Pesident, 2 am a(ainst the poposed amendment of Commissione
7avide and 2 suppot the vie# of Commissione Benas and the othes because the atification of
the Constitution is on the date the people, b" a ma8oit" vote, have cast thei votes in favo of the
Constitution. Even in civil la#, if thee is a contact, sa", bet#een an a(ent and a thid peson and
that contact is confimed o atified b" the pincipal, the validit" does not be(in on the date of
atification but it etoacts fom the date the contact #as e3ecuted.
Theefoe, the date of the (onstitution as ratified should retroact to the date that the people have
cast their affirmative votes in favor of the (onstitution.
MR. MAAMB6N-. Madam Pesident.
T1E PRE'27ENT. Commissione Maambon( is eco(ni5ed
MR. MAAMB6N-. ;e #ill no# as. once moe Commissione 7avide if he is insistin( on his
amendment
MR. 7AE27E. ,n vie! of the e0planation and over!helmin) t"ann" of the opinion that it !ill be
effective on the very day of the plebiscite, 2 am !ithdra!in) m" amendment on the assumption
that an" of the follo#in( bodies the 6ffice of the Pesident o the C6ME=EC #ill ma.e the fomal
announcement of the esults.
MR. RAMA. Madam Pesident, #e ae no# ead" to vote on the oi(inal povision as stated b"
the committee.
MR. MAAMB6N-. The committee #ill ead a(ain the fomulation indicated in the oi(inal
committee epot as 'ection 1$.
8his (onstitution shall ta+e effect immediately upon its ratification by a ma*ority of the votes cast
in a plebiscite called for the purpose and shall supersede all previous (onstitutions.
$%
;e as. fo a vote, Madam Pesident.
E 6 T 2 N -
T1E PRE'27ENT. As man" as ae in favo, please aise thei hand. >'everal Members raised
their hands.?
As man" as ae a(ainst, please aise thei hand. >No Member raised his hand.?
8he results sho! A% votes in favor and none a)ainst1 'ection 3# is approved.
2
The Cout ne3t holds as a conse!uence of its declaation at ba that the Constitution too. effect on the date of its
atification in the plebiscite held on ,ebua" $, 1+H/, that0 >1? the Povisional Constitution pomul(ated on Mach
$%, 1+H& must be deemed to have been supeseded b" the 1+H/ Constitution on the same date ,ebua" $, 1+H/
and >$? b" and afte said date, ,ebua" $, 1+H/, absent an" sa"in( clause to the conta" in the Tansito" Aticle
of the Constitution, espondent 62C -oveno could no lon(e e3ecise the po#e to eplace petitiones in thei
positions as Baan(a" Captain and Councilmen. 1ence, the attempted eplacement of petitiones b" espondent
62C -oveno:s desi(nation on ,ebua" H, 1+H/ of thei successos could no lon(e poduce an" le(al foce and
effect. ;hile the Povisional Constitution povided fo a one-"ea peiod e3piin( on Mach $%, 1+H/ #ithin #hich
the po#e of eplacement could be e3ecised, this peiod #as shotened b" the atification and effectivit" on
,ebua" $, 1+H/ of the Constitution. 1ad the intention of the fames of the Constitution been othe#ise, the"
#ould have so povided fo in the Tansito" Aticle, as indeed the" povided fo multifaious tansito" povisions
in t#ent" si3 sections of Aticle DE222, e.(. e3tension of the si3-"ea tem of the incumbent Pesident and Eice-
Pesident to noon of Bune @*, 1++$ fo puposes of s"nchoni5ation of elections, the continued e3ecise of
le(islative po#es b" the incumbent Pesident until the convenin( of the fist Con(ess, etc.
A final note of claification, as to the statement in the dissent that )the appointments of some seven Cout of
Appeals Bustices, /1 povincial fiscals and %% cit" fiscals epoted e3tended >b"? the Pesident on ,ebua" $,
1+H/ . . . could be open to seious !uestions,) in vie# of the povisions of 'ections H >1? and +, Aticle E222 of the
Constitution #hich e!uie pio endosement theeof b" the Budicial and Ba Council ceated unde the
Constitution. 2t should be stated fo the ecod that the epoted date of the appointments, ,ebua" $, 1+H/, is
incoect. The official ecods of the Cout sho# that the appointments of the seven Cout of Appeals Bustices
#ee tansmitted to this Cout on ,ebua" 1, 1+H/ and the" #ee all appointed on o befoe Banua" @1,
1+H/.
3
>'imilal", the ecods of the 7epatment of Bustice li.e#ise sho# that the appointment papes of the last
batch of povincial and cit" fiscals si(ned b" the Pesident in completion of the eo(ani5ation of the posecution
sevice #ee made on Banua" @1, 1+H/ and tansmitted to the 7epatment on ,ebua" 1, 1+H/.? 2t is also a
matte of ecod that since ,ebua" $, 1+H/, no appointments to the Budicia" have been e3tended b" the
Pesident, pendin( the constitution of the Budicial and Ba Council, indicatin( that the Chief E3ecutive has li.e#ise
consideed ,ebua" $, 1+H/ as the effective date of the Constitution, as no# e3pessl" declaed b" the Cout.
CRU(, J., concuin(.
2n he !uiet and estained manne, Bustice 1eea is able to pove he point #ith moe tellin( effect than the
tones of thunde. 'he has #itten anothe pesuasive opinion, and 2 am deli(hted to concu. 2 note that it in effect
affims m" dissents in the 7e la 'ena, Jamoa, 7u!uin( and Ba"as cases, #hee 2 submitted that the local 62Cs
ma" no lon(e be summail" eplaced, havin( ac!uied secuit" of tenue unde the ne# Constitution. 6u
diffeence is that #heeas 2 #ould ma.e that i(ht commence on ,ebua" $%, 1+H/, afte the deadline set b" the
,eedom Constitution, Bustice 1eea #ould opt fo ,ebua" $, 1+H/, #hen the ne# Constitution #as atified. 2
"ield to that bette vie# and a(ee #ith he ponencia completel".
S!RMENTO, J., 7issentin(.
;ith due espect to the ma8oit" 2 e(iste this dissent.
$&
;hile 2 a(ee that the one-"ea deadline pescibed b" 'ection $, Aticle 222 of the Povisional Constitution #ith
espect to the tenue of (ovenment functionaies, as follo#s0
'ECT26N $. All elective and appointive officials and emplo"ees unde the 1+/@ Constitution shall
continue in office until othe#ise povided b" poclamation o e3ecutive ode o upon the
desi(nation o appointment and !ualification of thei successos, if such appointment is made
#ithin a peiod of one "ea fom ,ebua" $%, 1+H&.
#as cut shot b" the atification of the 1+H/ Constitution, 2 entetain seious doubts #hethe o not that cut-off
peiod be(an on ,ebua" $, 1+H/, the date of the plebiscite held to appove the ne# Chate. To m" mind the
1+H/ constitution too. effect on ,ebua" 11, 1+H/, the date the same #as poclaimed atified pusuant to
Poclamation No. %H of the Pesident of the Philippines, and not ,ebua" $, 1+H/, plebiscite da".
2 el", fist and foemost, on the lan(ua(e of the 1+H/ Chate itself, thus0
'ec. $/. This Constitution sha( ta.e effect immediatel" upon its atification b" a ma8oit" of the
votes cast in a plebiscite held fo the pupose and shall supesede all pevious Constitutions.
2t is m" eadin( of this povision that the Constitution ta.es effect on the date its atification shall have been
ascetained, and not at the time the people cast thei votes to appove o e8ect it. ,o it cannot be lo(icall" said
that Constitution #as atified duin( such a plebiscite, #hen the #ill of the people as of that time, had not, and
could not have been, vet detemined.
6the than that, pa(matic consideations compel me to ta.e the vie#.
2 have no doubt that bet#een ,ebua" $, and ,ebua" 11, 1+H/ the (ovenment pefomed acts that #ould have
been valid unde the Povisional Constitution but #ould othe#ise have been void unde the 1+H/ Chate. 2 ecall,
in paticula, the appointments of some seven Cout of Appeals Bustices, /1 povincial fiscals, and %% cit" fiscals
the Pesident epotedl" e3tended on ,ebua" $, 1+H/. 1 <nde 'ections H >1? and +, Aticle E222, of the l+H/
Constitution, as follo#s0
333 333 333
'ec. H. >2?A Budicial and Ba Council is heeb" ceated unde the supevision of the 'upeme
Cout composed of the Chief Bustice as e0 officio Chaiman, the 'eceta" of Bustice, and a
epesentative of the Con(ess as e0 oficio Membes, a epesentative of the 2nte(ated Ba, a
pofesso of la#, a etied Membe of the 'upeme Cout, and a epesentative of the pivate
secto.
333 333 333
$'ec. +. The Membes of the 'upeme Cout and 8ud(es of lo#e couts shall be appointed b"
the Pesident fom a list of at least thee nominees pepaed b" the Budicial and Ba Council fo
eve" vacanc", 'uch appointments need no confimation.
333 333 333
such appointments could be open to seious !uestions.
'ince 1+/@, moeove, #e have invaiabl" ec.oned the effectivit" of the Constitution as #ell as the amendments
theeto fom the date it is poclaimed atified.
$/
2n Ma)toto v. Man)uera,
2
#e held that the 1+/@ Constitution became in foce and effect on Banua" 1/, 1+/@, the
date Poclamation No. 11*$, )Announcin( the Ratification b" the ,ilipino People of the Constitution Poposed b"
the 1+/1 Constitutional Convention,) #as issued, althou(h M. Bustice, no# Chief Bustice, Teehan.ee #ould push
its effectivit" date futhe to Apil 1/, 1+/@, the date ou decision in 6avellana v. E0ecutive 'ecretary,
3
became
final. And this #as so not#ithstandin( 'ection 1&, Aticle DE22, of the 1+/@ Constitution, thus0
'EC. 1&. This Constitution shall ta.e effect immediatel" upon its atification b" a ma8oit" of the
votes cast in a plebiscite called fo the pupose and, e3cept as heein povided, shall supesede
the Constitution of nineteen-hunded and thit"- five and all amendments theeto.
6n 6ctobe $/, 1+/&, then Pesident Macos pomul(ated Poclamation no. 1%+%, poclaimin( the atification of
the 1+/& amendments submitted in the plebiscite of 6ctobe 1&- 1/, 1+/&. The Poclamation states, inter alia,
that.
B" vitue-of the po#es vested in me b" la#, 2 heeb" poclaim all the amendments embodied in this cetificate as
dul" atified b" the ,ilipino people in the efeendum C plebiscite held 6ct. 1&-1/, 1+/& and ae theefoe
effective and in full foce and effect as of this date.
2t shall be noted that unde Amendment No. + of the said 1+/& amendments.
These amendments shall ta.e effect afte the incumbent Pesident shall have poclaimed that
the" have been atified b" a ma8oit" of the votes cast in the efeendum-plebiscite.
6n Apil 1, 1+H*, the then Chief E3ecutive issued Poclamation no. 1+%+, )Poclaimin( the Ratification b" the
,ilipino People of the Amendments of 'ection /, Aticle D of the Constitution) >len(thenin( the tems of office of
8ud(es and 8ustices?. The Poclamation povides0
FtGhe above-!uoted amendment has been dul" atified b" a ma8oit" of the votes cast in the
plebiscite held, to(ethe #ith the election fo local officials, on Banua" @*, 1+H*, and that said
amendment is heeb" declaed to ta.e effect immediatel".
2t shall be noted that unde Resolution No. $1, dated 7ecembe 1H, 1+/+, the poposed amendment shall ta.e
effect on the date the incumbent PesidentLPime Ministe shall poclaim its atification.
6n Apil /, 1+H1, Poclamation No. $*// #as issued )Poclaimin( the Ratification in the Plebiscite of Apil /, 1+H1
of the Amendments to the Constitution Embodied in Batas Pambansa Bl(. 1$$ and 7eclain( Them Theefoe
Effective and in ,ull ,oce and Effect.) The Poclamation, in declain( the said amendments dul" appoved,
futhe declaed them )FeGffective and in full foce and in effect as of the date of this Poclamation,) 2t shall be
noted, in this connection, that unde Resolutions Nos. 2 and $ of the Batasan( Pambansa, Thid Re(ula 'ession,
'ittin( as a Constituent Assembl", #hich paented these amendments, the same0
... shall become valid as pat of the Constitution #hen appoved b" a ma8oit" of the votes cast in
a plebiscite to be held pusuant to 'ection $, Aticle DE2 of the Constitution.
6n the othe hand, Batas Pambansa Bl(. 1$$, )An Act to 'ubmit to the ,ilipino People, fo Ratification o
Re8ection, the Amendment to the Constitution of the Philippines, Poposed b" the Batasan( Pambansa, 'ittin( as
a Constituent Assembl", in its Resolutions Numbeed Thee, T#o, and 6ne, and to Appopiate ,unds Theefoe,)
povides, as follo#s0
'EC. /. The Commission on Elections, sittin( en banc, shad canvass and poclaim the esult of
the plebiscite usin( the cetificates submitted to it, dul" authenticated and cetified b" the Boad of
Canvasses of each povince o cit".
$H
;e have, finall", Poclamation No. $@@$, )Poclaimin( the Ratification in the Plebiscite of Banua" $/, 1+HA, of the
Amendments to the Constitution Embodied in Batasan( Pambansa Resolutions Nos. 1*A, 1*%, 11*, 111, 11$ and
11@.) 2t states that the amendments0
....ae theefoe effective and in full foce and effect as of the date of this Poclamation.
2t caies out Resolution no. 1*A itself >as #ell as Resolutions Nos. 11* and 11$ and 'ection +, Batas Bl(. &A@?,
#hich states, that0
The poposed amendments shall ta.e effect on the date the Pesident of the Philippines shall
poclaim that the" have been atified b" a ma8oit" of the votes cast in the plebiscite held fo the
pupose, but not late than thee months fom the appoval of the amendments.
albeit Resolutions Nos. 1*%, 111, and 11@ povide, that0
These amendments shall be valid as a pat of the Constitution #hen appoved b" a ma8oit" of the votes cast in
an electionLplebiscite at #hich it is submitted to the people fo thei atification pusuant to 'ection $ of Aticle DE2
of the Constitution, as amended.
That a Constitution o amendments theeto ta.e effect upon poclamation of thei atification and not at the time of
the plebiscite is a vie# that is not peculia to the Macos ea.
The Resolution of Both 1ouses >of Con(ess? in Boint 'ession on the Mach 11, 1+A/ plebiscite called pusuant to
Republic Act No. /@ and the Resolution of Both 1ouses >of Con(ess? adopted on 'eptembe 1H, 1+A&, #as
adopted on Apil +,1+A/. The Apil +, 1+A/ Resolution ma.es no mention of a etoactive application.Accordin)ly"
!hen the incumbent resident BMrs. (orazon (. A2uinoC proclaimed on :ebruary 33" 3<=$" at Malacanan)
alaceD
... that the Constitution of the Republic of the Philippines adopted b" the Constitutional
Commission of 1+H&, includin( the 6dinance appended theeto, has been dul" atified b" the
,ilipino people and is theefoe effective and in full foce and effect.
4
the 1+H/ Constitution, in point of fact, came into foce and effect, 2 hold that it too. effect at no othe time.
2 submit that ou ulin( in onsica v. ,)nala)a
+
in #hich #e declaed, in passin(, that the ne# Chate #as atified
on ,ebua" $, 1+H/, does not in an" #a" #ea.en this dissent. As 2 stated, the ema. #as said in passin(-#e did
not esolve the case on account of a cate(oical holdin( that the 1+H/ Constitution came to life on ,ebua" $,
1+H/. 2n an" event, if #e did, 2 no# call fo its e-e3amination.
2 am theefoe of the opinion, consistent #ith the vie#s e3pessed above, that the challen(ed dismissals done on
,ebua" H, 1+H/ #ee valid, the 1+H/ Constitution not bein( then as "et in foce.
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. 16*261 No3e9ber 1*, 2**3
ERNESTO 0. FR!NCSCO, .R., petitione,
N!GM!M!L!S!8T N! MG! M!N!N!NGGOL NG MG! M!NGG!G!:!NG PLPNO, NC., TS
OFFCERS !N" MEM0ERS, petitione-in-intevention,
$+
:ORL" :!R 7ETER!NS LEGON!RES OF THE PHLPPNES, NC., petitione-in-intevention,
vs.
THE HOUSE OF REPRESENT!T7ES, REPRESENTE" 0; SPE!8ER .OSE G. "E 7ENEC!, THE SEN!TE,
REPRESENTE" 0; SEN!TE PRES"ENT FR!N8LN M. "RLON, REPRESENT!T7E GL0ERTO C.
TEO"ORO, .R. !N" REPRESENT!T7E FEL< :LL!M 0. FUENTE0ELL!, espondents.
.!ME N. SOR!NO, espondent-in-2ntevention,
SEN!TOR !=ULNO =. PMENTEL, espondent-in-intevention.
3---------------------------------------------------------3
G.R. No. 16*262 No3e9ber 1*, 2**3
SE"FRE; M. C!N"EL!R!, C!RLOS P. ME"N!, .R. !N" HENE"N! R!(ON-!0!", petitiones,
!TT;S. ROMULO 0. M!C!LNT!L !N" PETE =URNO =U!"R!, petitiones-in-intevention,
:ORL" :!R 7ETER!NS LEGON!RES OF THE PHLPPNES, NC., petitione-in-intevention,
vs.
THE HOUSE OF REPRESENT!T7ES, THROUGH THE SPE!8ER OR !CTNG SPE!8ER OR PRES"NG
OFFCER, SPE!8ER .OSE G. "E 7ENEC!, REPRESENT!T7E GL0ERTO G. TEO"ORO, .R.,
REPRESENT!-T7E FEL< :LL!M 0. FUENTE0ELL!, THE SEN!TE OF THE PHLPPNES, THROUGH
TS PRES"ENT, SEN!TE PRES"ENT FR!N8LN M. "RLON, espondents,
.!ME N. SOR!NO, espondent-in-intevention,
SEN!TOR !=ULNO =. PMENTEL, espondent-in-intevention.
3---------------------------------------------------------3
G.R. No. 16*263 No3e9ber 1*, 2**3
!RTURO M. "E C!STRO !N" SOLE"!" M. C!G!MP!NG, petitiones,
:ORL" :!R 7ETER!NS LEGON!RES OF THE PHLPPNES, NC., petitiones-in-intevention,
vs.
FR!N8LN M. "RLON, N HS C!P!CT; !S SEN!TE PRES"ENT, !N" .OSE G. "E 7ENEC!, .R., N
HS C!P!CT; !S SPE!8ER OF THE HOUSE OF REPRESENT!T7ES, espondents,
.!ME N. SOR!NO, espondent-in-intevention,
SEN!TOR !=ULNO =. PMENTEL, espondent-in-intevention.
3---------------------------------------------------------3
G.R. No. 16*2)) No3e9ber 1*, 2**3
FR!NCSCO . CH!7E(, petitione,
:ORL" :!R 7ETER!NS LEGON!RES OF THE PHLPPNES, NC., petitione-in-intevention,
vs.
.OSE G. "E 7ENEC!, N HS C!P!CT; !S SPE!8ER OF THE HOUSE OF REPRESENT!T7ES,
FR!N8LN M. "RLON, N HS C!P!CT; !S PRES"ENT OF THE SEN!TE OF THE REPU0LC OF THE
PHLPPNES, GL0ERT TEO"ORO, .R., FEL< :LL!M FUENTE0ELL!, .ULO LE"ESM! 7, HENR;
L!NOT, 8M 0ERN!R"O-LO8N, M!RCELNO L0!N!N, EMM;LOU T!L>O-S!NTOS, "OUGL!S
C!G!S, SHER:N G!TCH!L!N, LUS 0ERS!MN, .R., NERSS! SOON-RU(, ERNESTO NE7!, E"G!R
ERCE, SM!EL M!TH!;, S!MUEL "!NG:!, !LFRE"O M!R!>ON, .R., CECL! C!RREON-
.!LOS.OS, !G!PTO !=UNO, F!USTO SE!CHON, .R., GEORGLU ;UMUL-HERM"!, .OSE C!RLOS
L!CSON, M!NUEL ORTEG!, ULR!N .U!=UN, SOR!;! .!!F!R, :LHELMNO S;-!L7!R!"O,
CL!U"E 0!UTST!, "EL "E GU(M!N, (EN!"! CRU(-"UCUT, !UGUSTO 0!CULO, F!USTNO "; ,
!UGUSTO S;.UCO, RO((!NO RUFNO 0!(ON, LEO7GL"O 0!N!!G, ERC SNGSON, .!CNTO
P!R!S, .OSE SOLS, REN!TO M!TU0O, HERMNO TE7ES, !M!"O ESPNO, .R., EMLO M!C!S,
!RTHUR PNGO;, .R., FR!NCS NEPOMUCENO, CONR!"O ESTRELL! , EL!S 0ULUT, .R., .UR"N
@*
ROMU!L"O, .U!N P!0LO 0ON"OC, GENEROSO TUL!G!N, PERPETUO ;L!G!N, MCH!EL "U!7T,
.OSEPH "UR!NO, .ESL L!PUS, C!RLOS CO.U!NGCO, GORG" !GG!0!O, FR!NCS ESCU"ERRO,
RENE 7EL!R"E, CELSO LO0REG!T, !LPO 0!"ELLES, ""!GEN "L!NG!LEN, !0R!H!M MTR!,
.OSEPH S!NT!GO, "!RLENE !NTONO-CUSTO"O, !LET! SU!RE(, RO"OLF PL!(!, .7 0!UTST!,
GREGORO PONG, GL0ERT REMULL!, ROLE< SUPLCO, CEL! L!;US, .U!N MGUEL (U0R,
0EN!SNG M!C!R!M0ON, .R., .OSEFN! .OSON, M!R8 CO.U!NGCO, M!URCO "OMOG!N,
RON!L"O (!MOR!, !NGELO MONTLL!, ROSELLER 0!RN!G!, .ESN!R F!LCON, RE;LN!
NCOL!S, RO"OLFO !L0!NO, .O!=UN CHPECO, .R., !N" RU; EL!S LOPE(, espondents,
.!ME N. SOR!NO, espondent-in-intevention,
SEN!TOR !=ULNO =. PMENTEL, espondent-in-intevention.
3---------------------------------------------------------3
G.R. No. 16*292 No3e9ber 1*, 2**3
HERMNO H!RR; L. RO=UE, .R., .OEL RU( 0UTU;!N, M!. CECL! P!P!, N!POLEON C. RE;ES,
!NTONO H. !0!", .R., !LFRE"O C. LGON, .O!N P. SERR!NO !N" G!R; S. M!LL!R, petitiones,
:ORL" :!R 7ETER!NS LEGON!RES OF THE PHLPPNES, NC., petitione-in-intevention,
vs.
HON. SPE!8ER .OSE G. "E 7ENEC!, .R. !N" RO0ERTO P. N!(!RENO, N HS C!P!CT; !S
SECRET!R; GENER!L OF THE HOUSE OF REPRESENT!T7ES, !N" THE HOUSE OF
REPRESENT!T7ES, espondents,
.!ME N. SOR!NO, espondent-in-intevention,
SEN!TOR !=ULNO =. PMENTEL, espondent-in-intevention.
3---------------------------------------------------------3
G.R. No. 16*29+ No3e9ber 1*, 2**3
S!L!CN0 F. 0!TERN! !N" "EPUT; SPE!8ER R!UL M. GON(!LES, petitiones,
:ORL" :!R 7ETER!NS LEGON!RES OF THE PHLPPNES, NC., petitione-in-intevention,
vs.
THE HOUSE OF REPRESEN-T!T7ES, THROUGH THE SPE!8ER OR !CTNG SPE!8ER OR PRES"NG
OFFCER, SPE!8ER .OSE G. "E 7ENEC!, REPRESENT!T7E GL0ERTO G. TEO"ORO, .R.,
REPRESENT!T7E FEL< :LL!M 0. FUENTE0ELL!, THE SEN!TE OF THE PHLPPNES, THROUGH TS
PRES"ENT, SEN!TE PRES"ENT FR!N8LN M. "RLON, espondents,
.!ME N. SOR!NO, espondent-in-intevention,
SEN!TOR !=ULNO =. PMENTEL, espondent-in-intevention.
3---------------------------------------------------------3
G.R. No. 16*31* No3e9ber 1*, 2**3
LEONLO R. !LFONSO, PETER !L7!RE(, S!MUEL "OCTOR, MEL7N M!T0!G, R!MON M=U0!S,
RO"OLFO M!GSNO, E"U!R"O M!L!S!G!, E"U!R"O S!RMENTO, E"G!R"O N!OE, LEON!R"O
G!RC!, E"G!R" SMTH, EMETERO MEN"OL!, M!RO TORE.!, GULLERMO C!ST!SUS, NELSON !.
LO;OL!, :LFRE"O 0ELLO, .R., RONNE TO=ULLO, 8!TE !NN 7T!L, !NGELT! =. GU(M!N,
MONCO P!0LES, .R., .!ME 0O!=UN!, LT! !. !=UNO, ML! P. G!0TO, .!NETTE !RRO;O,
R(!L"; EMPG, ERN! L!HU(, HOMER C!L0!G, "R. 0NG !RCE, SMEON !RCE, .R., EL "ELLE
!RCE, :LLE R7ERO, "!NTE "!(, !L0ERTO 0UEN!7ST!, F!USTO 0UEN!7ST!, EML; SENERS,
!NN! CL!RSS! LO;OL!, S!L7!CON LO;OL!, R!NER =UROLGCO, .OSEPH LE!N"RO LO;OL!,
!NTONO L0RE!, FLEMON S0ULO, M!NUEL ". COM!, .ULTO U. SOON, 7RGLO LUSTRE, !N"
NOEL SOREN!, M!U RESTR7ER!, M!< 7LL!ESTER, !N" E"L0ERTO G!LLOR, petitiones,
@1
:ORL" :!R 7ETER!NS LEGON!RES OF THE PHLPPNES, NC., petitione-in-intevention,
vs.
THE HOUSE OF REPRESENT!T7ES, REPRESENTE" 0; HON. SPE!8ER .OSE C. "E 7ENEC!, .R., THE
SEN!TE, REPRESENTE" 0; HON. SEN!TE PRES"ENT FR!N8LN "RLON, HON. FEL<
FUENTE0ELL!, ET !L., espondents.
3---------------------------------------------------------3
G.R. No. 16*318 No3e9ber 1*, 2**3
PU0LC NTEREST CENTER, NC., CRSPN T. RE;ES, petitiones,
vs.
HON. SPE!8ER .OSE G. "E 7ENEC!, !LL MEM0ERS, HOUSE OF REPRESENT!T7ES, HON. SEN!TE
PRES"ENT FR!N8LN M. "RLON, !N" !LL MEM0ERS, PHLPPNE SEN!TE, espondents.
3---------------------------------------------------------3
G.R. No. 16*342 No3e9ber 1*, 2**3
!TT;. FERN!N"O P.R. PERTO, N HS C!P!CT; !S ! MEM0ER OF THE NTEGR!TE" 0!R OF THE
PHLPPNES, M!NL! , !N" ENGR. M!<MO N. MENE( .R., N HS C!P!CT; !S ! T!<P!;ER !N"
MEM0ER OF THE ENGNEERNG PROFESSON, petitiones,
vs.
THE HOUSE OF REPRESENT!-T7ES REPRESENTE" 0; THE 83 HONOR!0LE MEM0ERS OF THE
HOUSE LE" 0; HON. REPRESENT!T7E :LL!M FUENTE0ELL!, espondents.
3---------------------------------------------------------3
G.R. No. 16*343 No3e9ber 1*, 2**3
NTEGR!TE" 0!R OF THE PHLPPNES, petitione,
vs.
THE HOUSE OF REPRESENT!-T7ES, THROUGH THE SPE!8ER OR !CTNG SPE!8ER OR PRES"NG
OFFCER, SPE!8ER .OSE G. "E 7ENEC!, REPRESENT!T7E GL0ERTO G. TEO"ORO, .R.,
REPRESENT!T7E FEL< :LL!M 0. FUENTE0ELL!, THE SEN!TE OF THE PHLPPNES THROUGH TS
PRES"ENT, SEN!TE PRES"ENT FR!N8LN M. "RLON, espondents.
3---------------------------------------------------------3
G.R. No. 16*36* No3e9ber 1*, 2**3
CL!RO 0. FLORES, petitione,
vs.
THE HOUSE OF REPRESENT!T7ES THROUGH THE SPE!8ER, !N" THE SEN!TE OF THE PHLPPNES,
THROUGH THE SEN!TE PRES"ENT, espondents.
3---------------------------------------------------------3
G.R. No. 16*36+ No3e9ber 1*, 2**3
U.P. L!: !LUMN CE0U FOUN"!TON, NC., GOERNG G.C. P!"ER!NG!, "!NLO 7. ORT(, GLOR! C.
ESTEN(O-R!MOS, L(! ". CORRO, LUS 7. "ORES, SR., 0EN.!MN S. R!LLON, ROL!N"O P. NON!TO,
"!NTE T. R!MOS, ELS! R. "7N!GR!C!, 8!REN 0. C!P!RROS-!R=ULL!NO, S;L7! G. !GURRE-
@$
P!"ER!NG!, FOR THEMSEL7ES !N" N 0EH!LF OF OTHER CT(ENS OF THE REPU0LC OF THE
PHLPPNES, petitiones,
vs.
THE HOUSE OF REPRESENT!-T7ES, SPE!8ER .OSE G. "E 7ENEC!, THE SEN!TE OF THE
PHLPPNES, SEN!TE PRES"ENT FR!N8LN "RLON, HOUSE REPRESENT!T7ES FEL<
FUENTE0ELL! !N" GL0ERTO TEO"ORO, 0; THEMSEL7ES !N" !S REPRESENT!T7ES OF THE
GROUP OF MORE TH!N 8* HOUSE REPRESENT!T7ES :HO SGNE" !N" FLE" THE MPE!CHMENT
COMPL!NT !G!NST SUPREME COURT CHEF .USTCE HL!RO G. "!7"E, .R. espondents.
3---------------------------------------------------------3
G.R. No. 16*3)* No3e9ber 1*, 2**3
FR. R!NHLO C!LL!NG!N !=UNO, petitione,
vs.
THE HONOR!0LE PRES"ENT OF THE SEN!TE, THE HONOR!0LE SPE!8ER OF THE HOUSE OF
REPRESENT!T7ES, espondents.
3---------------------------------------------------------3
G.R. No. 16*3)6 No3e9ber 1*, 2**3
NLO !. M!L!N;!ON, petitione,
vs.
HON. FEL< :LL!M FUENTE0ELL! !N" GL0ERT TEO"ORO, N REPRESENT!TON OF THE 86
SGN!TORES OF THE !RTCLES OF MPE!CHMENT !G!NST CHEF .USTCE HL!RO G. "!7"E, .R.
!N" THE HOUSE OF REPRESENT!T7ES, CONGRESS OF THE PHLPPNES, REPRESENTE" 0; TS
SPE!8ER, HON. .OSE G. "E 7ENEC!, espondents.
3---------------------------------------------------------3
G.R. No. 16*392 No3e9ber 1*, 2**3
7ENCO S. FLORES !N" HECTOR L. HOFLE>!, petitiones,
vs.
THE HOUSE OF REPRESENT!T7ES, THROUGH SPE!8ER .OSE G. "E 7ENEC!, !N" THE SEN!TE OF
THE PHLPPNES, THROUGH SEN!TE PRES"ENT FR!N8LN "RLON, espondents.
3---------------------------------------------------------3
G.R. No. 16*39) No3e9ber 1*, 2**3
N THE M!TTER OF THE MPE!CHMENT COMPL!NT !G!NST CHEF .USTCE HL!RO G. "!7"E, .R.,
!TT;. "OSCORO U. 7!LLE.OS, .R., petitione.
3---------------------------------------------------------3
G.R. No. 16*4*3 No3e9ber 1*, 2**3
PHLPPNE 0!R !SSOC!TON, petitione,
vs.
THE HOUSE OF REPRESENT!T7ES, THROUGH THE SPE!8ER OR PRES"NG OFFCER, HON. .OSE G.
"E 7ENEC!, REPRESENT!T7E GL0ERTO G. TEO"ORO, .R., REPRESENT!T7E FEL< :LL!M 0.
@@
FUENTE0EL!, THE SEN!TE OF THE PHLPPNES, THROUGH SEN!TE PRES"ENT, HON. FR!N8LN
"RLON,espondents.
3---------------------------------------------------------3
G.R. No. 16*4*+ No3e9ber 1*, 2**3
"EMOCRTO C. 0!RCEN!S, PRES"ENT OF 0P, CE0U CT; CH!PTER, M!NUEL M. MON(ON,
PRES"NG OF 0P, CE0U PRO7NCE, 7CTOR !. M!!M0ONG, PRO7NC!L 0O!R" MEM0ER,
!"ELNO 0. STO;, "E!N OF THE COLLEG EOF L!:, UN7ERST; OF CE0U, ;OUNG L!:;ERS
!SSOC!TON OF CE0U, NC. ?;L!C@, REPRSEENTE" 0; !TT;. M!NUEL LEG!SP, CONFE"ER!TON
OF !CCRE"TE" ME"!TORS OF THE PHLPPNES, NC. ?C!MP, NC@, REPRESENTE" 0; RO"ERC R.
POC!, M!N"!UE L!:;ERS !SSOC!TON, ?M!NL!:@, REPRESENTE" 0; FELPE 7EL!S=UE(,
FE"ER!CON NTERN!CON!L "E !0OG!"!S ?F"!@, REPRESENTE" 0; THELM! L. .OR"!N,
C!RLOS G. CO, PRESENT OF CE0U CH!M0ER OF COMMERCE !N" N"USTR; !N" CE0U L!";
L!:;ERS !SSOC!TON, NC. ?CELL!, NC.@, M!R0ELLE N!7!RRO !N" 0ERN!R"TO FLOR"O,
P!ST PRES"ENT CE0U CH!M0ER OF COMMERCE !N" NTEGR!TE" 0!R OF THE PHLPPNES,
CE0U CH!PTER, petitiones,
vs.
THE HOUSE OF REPRESENT!-T7ES, REPRESENTE" 0; REP. .OSE G. "E 7ENEC!, !S HOUSE
SPE!8ER !N" THE SEN!TE, REPRESENTE" 0; SEN!TOR FR!N8LN "RLON, !S SEN!TE
PRES"ENT, espondents.
C!RPO MOR!LES, J.A
Thee can be no constitutional cisis aisin( fom a conflict, no matte ho# passionate and seemin(l"
ieconcilable it ma" appea to be, ove the detemination b" the independent banches of (ovenment of the
natue, scope and e3tent of thei espective constitutional po#es #hee the Constitution itself povides fo the
means and bases fo its esolution.
6u nation:s histo" is eplete #ith vivid illustations of the often fictional, at times tubulent, d"namics of the
elationship amon( these co-e!ual banches. This Cout is confonted #ith one such toda" involvin( the
le(islatue and the 8udicia" #hich has da#n le(al luminaies to chat antipodal couses and not a fe# of ou
count"men to vent cacophonous sentiments theeon.
Thee ma" indeed be some le(itimac" to the chaactei5ation that the pesent contoves" sub8ect of the instant
petitions M #hethe the filin( of the second impeachment complaint a(ainst Chief Bustice 1ilaio -. 7avide, B.
#ith the 1ouse of Repesentatives falls #ithin the one "ea ba povided in the Constitution, and #hethe the
esolution theeof is a political !uestion M has esulted in a political cisis. Pehaps even moe tuth to the vie# that
it #as bou(ht upon b" a political cisis of conscience.
2n an" event, it is #ith the absolute cetaint" that ou Constitution is sufficient to addess all the issues #hich this
contoves" spa#ns that this Cout une!uivocall" ponounces, at the fist instance, that the feaed esot to e3ta-
constitutional methods of esolvin( it is neithe necessa" no le(all" pemissible. Both its esolution and
potection of the public inteest lie in adheence to, not depatue fom, the Constitution.
2n passin( ove the comple3 issues aisin( fom the contoves", this Cout is eve mindful of the essential tuth
that the inviolate doctine of sepaation of po#es amon( the le(islative, e3ecutive o 8udicial banches of
(ovenment b" no means pescibes fo absolute autonom" in the discha(e b" each of that pat of the
(ovenmental po#e assi(ned to it b" the soveei(n people.
At the same time, the coolla" doctine of chec.s and balances #hich has been caefull" calibated b" the
Constitution to tempe the official acts of each of these thee banches must be (iven effect #ithout desto"in(
thei indispensable co-e!ualit".
@A
Ta.en to(ethe, these t#o fundamental doctines of epublican (ovenment, intended as the" ae to insue that
(ovenmental po#e is #ielded onl" fo the (ood of the people, mandate a elationship of intedependence and
coodination amon( these banches #hee the delicate functions of enactin(, intepetin( and enfocin( la#s ae
hamoni5ed to achieve a unit" of (ovenance, (uided onl" b" #hat is in the (eate inteest and #ell-bein( of the
people. Eeil", salus populi est suprema le0.
Aticle D2 of ou pesent 1+H/ Constitution povides0
!RTCLE <
!cco,&t$b%6%t2 o4 P,b6%c O44%cer'
'ECT26N 1. Public office is a public tust. Public offices and emplo"ees must at all times be accountable
to the people, seve them #ith utmost esponsibilit", inte(it", lo"alt", and efficienc", act #ith patiotism
and 8ustice, and lead modest lives.
'ECT26N $. The Pesident, the Eice-Pesident, the Membes of the 'upeme Cout, the Membes of the
Constitutional Commissions, and the 6mbudsman ma" be emoved fom office, on impeachment fo, and
conviction of, culpable violation of the Constitution, teason, bibe", (aft and couption, othe hi(h
cimes, o beta"al of public tust. All othe public offices and emplo"ees ma" be emoved fom office as
povided b" la#, but not b" impeachment.
'ECT26N @. >1? The 1ouse of Repesentatives shall have the eBc6,'%3e po#e to %&%t%$te all cases of
impeachment.
>$? A veified complaint fo impeachment ma" be filed b" an" Membe of the 1ouse of Repesentatives o
b" an" citi5en upon a esolution of endosement b" an" Membe theeof, #hich shall be included in the
6de of Business #ithin ten session da"s, and efeed to the pope Committee #ithin thee session
da"s theeafte. The Committee, afte heain(, and b" a ma8oit" vote of all its Membes, shall submit its
epot to the 1ouse #ithin si3t" session da"s fom such efeal, to(ethe #ith the coespondin(
esolution. The esolution shall be calendaed fo consideation b" the 1ouse #ithin ten session da"s
fom eceipt theeof.
>@? A vote of at least one-thid of all the Membes of the 1ouse shall be necessa" eithe to affim a
favoable esolution #ith the Aticles of 2mpeachment of the Committee, o oveide its conta" esolution.
The vote of each Membe shall be ecoded.
>A? 2n case the veified complaint o esolution of impeachment is filed b" at least one-thid of all the
Membes of the 1ouse, the same shall constitute the Aticles of 2mpeachment, and tial b" the 'enate
shall foth#ith poceed.
>%? No impeachment poceedin(s '1$66 be %&%t%$te/ a(ainst the same official moe than once #ithin a
peiod of one "ea.
>&? The 'enate shall have the 'o6e po#e to t" and decide all cases of impeachment. ;hen sittin( fo
that pupose, the 'enatos shall be on oath o affimation. ;hen the Pesident of the Philippines is on
tial, the Chief Bustice of the 'upeme Cout shall peside, but shall not vote. No peson shall be convicted
#ithout the concuence of t#o-thids of all the Membes of the 'enate.
>/? Bud(ment in cases of impeachment shall not e3tend futhe than emoval fom office and
dis!ualification to hold an" office unde the Republic of the Philippines, but the pat" convicted shall
nevetheless be liable and sub8ect to posecution, tial, and punishment accodin( to la#.
@%
>H? The Con(ess shall pomul(ate its ules on impeachment to e44ect%3e62 c$rr2 o,t t1e #,r#o'e o4
t1%' 'ect%o&. >Emphasis and undescoin( supplied?
,ollo#in( the above-!uoted 'ection H of Aticle D2 of the Constitution, the 1$th Con(ess of the 1ouse of
Repesentatives adopted and appoved the Rules of Pocedue in 2mpeachment Poceedin(s >1ouse
2mpeachment Rules? on Novembe $H, $**1, supesedin( the pevious 1ouse 2mpeachment Rules
1
appoved b"
the 11th Con(ess. The re6e3$&t distinctions bet#een these t#o Con(esses: 1ouse 2mpeachment Rules ae
sho#n in the follo#in( tabulation0
11TH CONGRESS RULES 12TH CONGRESS NE: RULES
RULE
NT!TNG MPE!CHMENT
Sect%o& 2. Mode of Initiating
Impeachment. M 2mpeachment shall
be initiated onl" b" a veified
complaint fo impeachment filed b"
an" Membe of the 1ouse of
Repesentatives o b" an" citi5en
upon a esolution of endosement b"
an" Membe theeof o b" a veified
complaint o esolution of
impeachment filed b" at least one-
thid >1L@? of all the Membes of the
1ouse.
RULE 7
0!R !G!NST NT!TON OF
MPE!CHMENT PROCEE"NGS
!G!NST THE S!ME OFFC!L
Sect%o& 16. C Impeachment
Proceedings Deemed Initiated. M
2n cases #hee a Membe of the
1ouse files a veified complaint of
impeachment o a citi5en files a
veified complaint that is endosed
b" a Membe of the 1ouse thou(h a
esolution of endosement a(ainst
an impeachable office,
impeachment poceedin(s a(ainst
such official ae deemed initiated on
the da" the Committee on Bustice
finds that the veified complaint
andLo esolution a(ainst such
official, as the case ma" be, is
sufficient in substance, o on the
date the 1ouse votes to ovetun o
affim the findin( of the said
Committee that the veified
complaint andLo esolution, as the
case ma" be, is not sufficient in
substance.
2n cases #hee a veified complaint
o a esolution of impeachment is
filed o endosed, as the case ma"
be, b" at least one-thid >1L@? of the
Membes of the
1ouse, %9#e$c19e&t #rocee/%&-'
$re /ee9e/ %&%t%$te/ $t t1e t%9e o4
t1e 4%6%&- o4 ',c1 3er%4%e/
co9#6$%&t or re'o6,t%o& o4
%9#e$c19e&t D%t1 t1e Secret$r2
Ge&er$6.

@&
RULE 7
0!R !G!NST MPE!CHMENT
Sect%o& 14. Scope of Bar. M No
impeachment poceedin(s shall be
initiated a(ainst the same official moe
than once #ithin the peiod of one >1?
"ea.
Sect%o& 1). Bar Against Initiation
Of Impeachment Proceedings. M
;ithin a peiod of one >1? "ea fom
the date impeachment poceedin(s
ae deemed initiated as povided in
'ection 1& heeof, no impeachment
poceedin(s, as such, can be
initiated a(ainst the same official.
>2talics in the oi(inalI emphasis and
undescoin( supplied?
6n Bul" $$, $**$, the 1ouse of Repesentatives adopted a Resolution,
$
sponsoed b" Repesentative ,eli3
;illiam 7. ,uentebella, #hich diected the Committee on Bustice )to conduct an investi(ation, in aid of le(islation,
on the manne of disbusements and e3penditues b" the Chief Bustice of the 'upeme Cout of the Budicia"
7evelopment ,und >B7,?.)
@
6n Bune $, $**@, fome Pesident Boseph E. Estada filed an impeachment complaint
A
>fist impeachment
complaint? a(ainst Chief Bustice 1ilaio -. 7avide B. and seven Associate Bustices
%
of this Cout fo )culpable
violation of the Constitution, beta"al of the public tust and othe hi(h cimes.)
&
The complaint #as endosed b"
Repesentatives Role3 T. 'uplico, Ronaldo B. Jamoa and 7ida(en Pian( 7ilan(alen,
/
and #as efeed to the
1ouse Committee on Bustice on Au(ust %, $**@
H
in accodance #ith 'ection @>$? of Aticle D2 of the Constitution
#hich eads0
'ection @>$? A veified complaint fo impeachment ma" be filed b" an" Membe of the 1ouse of
Repesentatives o b" an" citi5en upon a esolution of endosement b" an" Membe theeof, #hich shall
be included in the 6de of Business #ithin ten session da"s, and efeed to the pope Committee #ithin
thee session da"s theeafte. The Committee, afte heain(, and b" a ma8oit" vote of all its Membes,
shall submit its epot to the 1ouse #ithin si3t" session da"s fom such efeal, to(ethe #ith the
coespondin( esolution. The esolution shall be calendaed fo consideation b" the 1ouse #ithin ten
session da"s fom eceipt theeof.
The 1ouse Committee on Bustice uled on 6ctobe 1@, $**@ that the fist impeachment complaint #as )sufficient
in fom,)
+
but voted to dismiss the same on 6ctobe $$, $**@ fo bein( insufficient in substance.
1*
To date, the
Committee Repot to this effect has not "et been sent to the 1ouse in plena" in accodance #ith the said 'ection
@>$? of Aticle D2 of the Constitution.
,ou months and thee #ee.s since the filin( on Bune $, $**@ of the fist complaint o on 6ctobe $@, $**@, a da"
afte the 1ouse Committee on Bustice voted to dismiss it, the second impeachment complaint
11
#as filed #ith the
'eceta" -eneal of the 1ouse
1$
b" Repesentatives -ilbeto C. Teodoo, B. >,ist 7istict, Talac? and ,eli3
;illiam B. ,uentebella >Thid 7istict, Camaines 'u? a(ainst Chief Bustice 1ilaio -. 7avide, B., founded on the
alle(ed esults of the le(islative in!ui" initiated b" above-mentioned 1ouse Resolution. This second
impeachment complaint #as accompanied b" a )Resolution of EndosementL2mpeachment) si(ned b" at least
one-thid >1L@? of all the Membes of the 1ouse of Repesentatives.
1@
Thus aose the instant petitions a(ainst the 1ouse of Repesentatives, et. al." most of #hich petitions contend that
the filin( of the second impeachment complaint is unconstitutional as it violates the povision of 'ection % of
Aticle D2 of the Constitution that )FnGo impeachment poceedin(s shall be initiated a(ainst the same official moe
than once #ithin a peiod of one "ea.)
2n G.R. No. 16*261, petitione Att". Enesto B. ,ancisco, B., alle(in( that he has a dut" as a membe of the
2nte(ated Ba of the Philippines to use all available le(al emedies to stop an unconstitutional impeachment, that
the issues aised in his petition fo Cetioai, Pohibition and Mandamus ae of tanscendental impotance, and
that he )himself #as a victim of the capicious and abita" chan(es in the Rules of Pocedue in 2mpeachment
@/
Poceedin(s intoduced b" the 1$th Con(ess,)
1A
posits that his i(ht to bin( an impeachment complaint a(ainst
then 6mbudsman Aniano 7esieto had been violated due to the capicious and abita" chan(es in the 1ouse
2mpeachment Rules adopted and appoved on Novembe $H, $**1 b" the 1ouse of Repesentatives and pa"s
that >1? Rule E, 'ections 1& and 1/ and Rule 222, 'ections %, &, /, H, and + theeof be declaed unconstitutionalI
>$? this Cout issue a #it of mandamus diectin( espondents 1ouse of Repesentatives et. al. to compl" #ith
Aticle 2D, 'ection @ >$?, >@? and >%? of the Constitution, to etun the second impeachment complaint andLo sti.e
it off the ecods of the 1ouse of Repesentatives, and to pomul(ate ules #hich ae consistent #ith the
ConstitutionI and >@? this Cout pemanentl" en8oin espondent 1ouse of Repesentatives fom poceedin( #ith
the second impeachment complaint.
2n G.R. No. 16*262, petitiones 'edfe" M. Candelaia, et. al." as citi5ens and ta3pa"es, alle(in( that the issues
of the case ae of tanscendental impotance, pa", in thei petition fo CetioaiLPohibition, the issuance of a #it
)pepetuall") pohibitin( espondent 1ouse of Repesentatives fom filin( an" Aticles of 2mpeachment a(ainst the
Chief Bustice #ith the 'enateI and fo the issuance of a #it )pepetuall") pohibitin( espondents 'enate and
'enate Pesident ,an.lin 7ilon fom acceptin( an" Aticles of 2mpeachment a(ainst the Chief Bustice o, in the
event that the 'enate has accepted the same, fom poceedin( #ith the impeachment tial.
2n G.R. No. 16*263, petitiones Atuo M. de Casto and 'oledad Ca(ampan(, as citi5ens, ta3pa"es, la#"es
and membes of the 2nte(ated Ba of the Philippines, alle(in( that thei petition fo Pohibition involves public
inteest as it involves the use of public funds necessa" to conduct the impeachment tial on the second
impeachment complaint, pa" fo the issuance of a #it of pohibition en8oinin( Con(ess fom conductin( futhe
poceedin(s on said second impeachment complaint.
2n G.R. No. 16*2)), petitione ,ancisco 2. Chave5, alle(in( that this Cout has eco(ni5ed that he has locus
standi to bin( petitions of this natue in the cases of (havez v. (GG
1%
and (havez v. EA-Amari (oastal ;ay
>evelopment (orporation,
1&
pa"s in his petition fo 2n8unction that the second impeachment complaint be
declaed unconstitutional.
2n G.R. No. 16*292, petitiones Att". 1a" =. Ro!ue, et. al." as ta3pa"es and membes of the le(al pofession,
pa" in thei petition fo Pohibition fo an ode pohibitin( espondent 1ouse of Repesentatives fom daftin(,
adoptin(, appovin( and tansmittin( to the 'enate the second impeachment complaint, and espondents 7e
Eenecia and Na5aeno fom tansmittin( the Aticles of 2mpeachment to the 'enate.
2n G.R. No. 16*29+, petitiones Repesentatives 'alacnib ,. Bateina and 7eput" 'pea.e Raul M. -on5ale5,
alle(in( that, as membes of the 1ouse of Repesentatives, the" have a le(al inteest in ensuin( that onl"
constitutional impeachment poceedin(s ae initiated, pa" in thei petition fo CetioaiLPohibition that the
second impeachment complaint and an" act poceedin( theefom be declaed null and void.
2n G.R. No. 16*31*, petitiones =eonilo R. Alfonso et al." claimin( that the" have a i(ht to be potected a(ainst all
foms of senseless spendin( of ta3pa"es: mone" and that the" have an obli(ation to potect the 'upeme Cout,
the Chief Bustice, and the inte(it" of the Budicia", alle(e in thei petition fo Cetioai and Pohibition that it is
instituted as )a class suit) and pa" that >1? the 1ouse Resolution endosin( the second impeachment complaint
as #ell as all issuances emanatin( theefom be declaed null and voidI and >$? this Cout en8oin the 'enate and
the 'enate Pesident fom ta.in( co(ni5ance of, heain(, t"in( and decidin( the second impeachment complaint,
and issue a #it of pohibition commandin( the 'enate, its posecutos and a(ents to desist fom conductin( an"
poceedin(s o to act on the impeachment complaint.
2n G.R. No. 16*318, petitione Public 2nteest Cente, 2nc., #hose membes ae citi5ens and ta3pa"es, and its co-
petitione Cispin T. Re"es, a citi5en, ta3pa"e and a membe of the Philippine Ba, both alle(e in thei petition,
#hich does not state #hat its natue is, that the filin( of the second impeachment complaint involves paamount
public inteest and pa" that 'ections 1& and 1/ of the 1ouse 2mpeachment Rules and the second impeachment
complaintLAticles of 2mpeachment be declaed null and void.
@H
2n G.R. No. 16*342, petitione Att". ,enando P. R. Peito, as a citi5en and a membe of the Philippine Ba
Association and of the 2nte(ated Ba of the Philippines, and petitione En(. Ma3imo N. Mene5, B., as a
ta3pa"e, pa" in thei petition fo the issuance of a Tempoa" Restainin( 6de and Pemanent 2n8unction to
en8oin the 1ouse of Repesentatives fom poceedin( #ith the second impeachment complaint.
2n G.R. No. 16*343, petitione 2nte(ated Ba of the Philippines, alle(in( that it is mandated b" the Code of
Pofessional Responsibilit" to uphold the Constitution, pa"s in its petition fo Cetioai and Pohibition that
'ections 1& and 1/ of Rule E and 'ections %, &, /, H, + of Rule 222 of the 1ouse 2mpeachment Rules be declaed
unconstitutional and that the 1ouse of Repesentatives be pemanentl" en8oined fom poceedin( #ith the second
impeachment complaint.
2n G.R. No. 16*36*, petitione-ta3pa"e Att". Clao ,loes pa"s in his petition fo Cetioai and Pohibition that
the 1ouse 2mpeachment Rules be declaed unconstitutional.
2n G.R. No. 16*36+, petitiones <.P. =a# Alumni Cebu ,oundation 2nc., et. al., in thei petition fo Pohibition and
2n8unction #hich the" claim is a class suit filed in behalf of all citi5ens, citin( 5posa v. :actoran
1/
#hich #as filed in
behalf of succeedin( (eneations of ,ilipinos, pa" fo the issuance of a #it pohibitin( espondents 1ouse of
Repesentatives and the 'enate fom conductin( futhe poceedin(s on the second impeachment complaint and
that this Cout declae as unconstitutional the second impeachment complaint and the acts of espondent 1ouse
of Repesentatives in intefein( #ith the fiscal mattes of the Budicia".
2n G.R. No. 16*3)*, petitione-ta3pa"e ,athe Ranhilio Callan(an A!uino, alle(in( that the issues in his petition
fo Pohibition ae of national and tanscendental si(nificance and that as an official of the Philippine Budicial
Academ", he has a diect and substantial inteest in the unhampeed opeation of the 'upeme Cout and its
officials in discha(in( thei duties in accodance #ith the Constitution, pa"s fo the issuance of a #it pohibitin(
the 1ouse of Repesentatives fom tansmittin( the Aticles of 2mpeachment to the 'enate and the 'enate fom
eceivin( the same o (ivin( the impeachment complaint due couse.
2n G.R. No. 16*3)6, petitione Nilo A. Malan"aon, as a ta3pa"e, alle(es in his petition fo Pohibition that
espondents ,uentebella and Teodoo at the time the" filed the second impeachment complaint, #ee )absolutel"
#ithout an" le(al po#e to do so, as the" acted #ithout 8uisdiction as fa as the Aticles of 2mpeachment assail
the alle(ed abuse of po#es of the Chief Bustice to disbuse the >B7,?.)
2n G.R. No. 16*392, petitiones Attone"s Eenicio '. ,loes and 1ecto =. 1ofileNa, alle(in( that as pofessos of
la# the" have an abidin( inteest in the sub8ect matte of thei petition fo Cetioai and Pohibition as it petains
to a constitutional issue )#hich the" ae t"in( to inculcate in the minds of thei students,) pa" that the 1ouse of
Repesentatives be en8oined fom endosin( and the 'enate fom t"in( the Aticles of 2mpeachment and that the
second impeachment complaint be declaed null and void.
2n G.R. No. 16*39), petitione Att". 7ioscoo Ealle8os, B., #ithout alle(in( his locus standi, but alle(in( that the
second impeachment complaint is founded on the issue of #hethe o not the Budicial 7evelopment ,und >B7,?
#as spent in accodance #ith la# and that the 1ouse of Repesentatives does not have e3clusive 8uisdiction in
the e3amination and audit theeof, pa"s in his petition )To 7eclae Complaint Null and Eoid fo =ac. of Cause of
Action and Buisdiction) that the second impeachment complaint be declaed null and void.
2n G.R. No. 16*4*3, petitione Philippine Ba Association, alle(in( that the issues aised in the filin( of the second
impeachment complaint involve mattes of tanscendental impotance, pa"s in its petition fo CetioaiLPohibition
that >1? the second impeachment complaint and all poceedin(s aisin( theefom be declaed null and voidI >$?
espondent 1ouse of Repesentatives be pohibited fom tansmittin( the Aticles of 2mpeachment to the 'enateI
and >@? espondent 'enate be pohibited fom acceptin( the Aticles of 2mpeachment and fom conductin( an"
poceedin(s theeon.
2n G.R. No. 16*4*+, petitiones 7emocit C. Bacenas et. al." as citi5ens and ta3pa"es, pa" in thei petition fo
CetioaiLPohibition that >1? the second impeachment complaint as #ell as the esolution of endosement and
@+
impeachment b" the espondent 1ouse of Repesentatives be declaed null and void and >$? espondents 'enate
and 'enate Pesident ,an.lin 7ilon be pohibited fom acceptin( an" Aticles of 2mpeachment a(ainst the Chief
Bustice o, in the event that the" have accepted the same, that the" be pohibited fom poceedin( #ith the
impeachment tial.
Petitions beain( doc.et numbes -.R. Nos. 1&*$&1, 1&*$&$ and 1&*$&@, the fist thee of the ei(hteen #hich
#ee filed befoe this Cout,
1H
pa"ed fo the issuance of a Tempoa" Restainin( 6de andLo pelimina"
in8unction to pevent the 1ouse of Repesentatives fom tansmittin( the Aticles of 2mpeachment aisin( fom the
second impeachment complaint to the 'enate. Petition beain( doc.et numbe -.R. No. 1&*$&1 li.e#ise pa"ed
fo the declaation of the Novembe $H, $**1 1ouse 2mpeachment Rules as null and void fo bein(
unconstitutional.
Petitions beain( doc.et numbes -.R. Nos. 1&*$//, 1&*$+$ and 1&*$+%, #hich #ee filed on 6ctobe $H, $**@,
sou(ht simila elief. 2n addition, petition beain( doc.et numbe -.R. No. 1&*$+$ alle(ed that 1ouse Resolution
No. $&* >callin( fo a le(islative in!ui" into the administation b" the Chief Bustice of the B7,? infin(es on the
constitutional doctine of sepaation of po#es and is a diect violation of the constitutional pinciple of fiscal
autonom" of the 8udicia".
6n 6ctobe $H, $**@, duin( the plena" session of the 1ouse of Repesentatives, a motion #as put foth that the
second impeachment complaint be fomall" tansmitted to the 'enate, but it #as not caied because the 1ouse
of Repesentatives ad8ouned fo lac. of !uoum,
1+
and as eflected above, to date, the Aticles of 2mpeachment
have "et to be fo#aded to the 'enate.
Befoe actin( on the petitions #ith pa"es fo tempoa" estainin( ode andLo #it of pelimina" in8unction
#hich #ee filed on o befoe 6ctobe $H, $**@, Bustices Puno and Eitu( offeed to ecuse themselves, but the
Cout e8ected thei offe. Bustice Pan(aniban inhibited himself, but the Cout diected him to paticipate.
;ithout necessail" (ivin( the petitions due couse, this Cout in its Resolution of 6ctobe $H, $**@, esolved to
>a? consolidate the petitionsI >b? e!uie espondent 1ouse of Repesentatives and the 'enate, as #ell as the
'olicito -eneal, to comment on the petitions not late than A0@* p.m. of Novembe @, $**@I >c? set the petitions
fo oal a(uments on Novembe %, $**@, at 1*0** a.m.I and >d? appointed distin(uished le(al e3pets as amici
curiae.
$*
2n addition, this Cout called on petitiones and espondents to maintain the status !uo, en8oinin( all the
paties and othes actin( fo and in thei behalf to efain fom committin( acts that #ould ende the petitions
moot.
Also on 6ctobe $H, $**@, #hen espondent 1ouse of Repesentatives thou(h 'pea.e Bose C. 7e Eenecia, B.
andLo its co-espondents, b" #a" of special appeaance, submitted a Manifestation assetin( that this Cout has
no 8uisdiction to hea, much less pohibit o en8oin the 1ouse of Repesentatives, #hich is an independent and
co-e!ual banch of (ovenment unde the Constitution, fom the pefomance of its constitutionall" mandated dut"
to initiate impeachment cases. 6n even date, 'enato A!uilino O. Pimentel, B., in his o#n behalf, filed a Motion to
2ntevene >E0 Abudante (autela?
$1
and Comment, pa"in( that )the consolidated petitions be dismissed fo lac. of
8uisdiction of the Cout ove the issues affectin( the impeachment poceedin(s and that the sole po#e, authoit"
and 8uisdiction of the 'enate as the impeachment cout to t" and decide impeachment cases, includin( the one
#hee the Chief Bustice is the espondent, be eco(ni5ed and upheld pusuant to the povisions of Aticle D2 of the
Constitution.)
$$
Actin( on the othe petitions #hich #ee subse!uentl" filed, this Cout esolved to >a? consolidate them #ith the
ealie consolidated petitionsI >b? e!uie espondents to file thei comment not late than A0@* p.m. of Novembe
@, $**@I and >c? include them fo oal a(uments on Novembe %, $**@.
6n 6ctobe $+, $**@, the 'enate of the Philippines, thou(h 'enate Pesident ,an.lin M. 7ilon, filed a
Manifestation statin( that insofa as it is concened, the petitions ae plainl" pematue and have no basis in la#
o in fact, addin( that as of the time of the filin( of the petitions, no 8usticiable issue #as pesented befoe it since
>1? its constitutional dut" to constitute itself as an impeachment cout commences onl" upon its eceipt of the
A*
Aticles of 2mpeachment, #hich it had not, and >$? the pincipal issues aised b" the petitions petain e3clusivel" to
the poceedin(s in the 1ouse of Repesentatives.
6n 6ctobe @*, $**@, Att". Baime 'oiano filed a )Petition fo =eave to 2ntevene) in -.R. Nos. 1&*$&1, 1&*$&$,
1&*$&@, 1&*$//, 1&*$+$, and 1&*$+%, !uestionin( the status 2uo Resolution issued b" this Cout on 6ctobe $H,
$**@ on the (ound that it #ould unnecessail" put Con(ess and this Cout in a )constitutional deadloc.) and
pa"in( fo the dismissal of all the petitions as the matte in !uestion is not "et ipe fo 8udicial detemination.
6n Novembe @, $**@, Attone"s Romulo B. Macalintal and Pete Ouiino Ouada filed in -.R. No. 1&*$&$ a
)Motion fo =eave of Cout to 2ntevene and to Admit the 1eein 2ncopoated Petition in 2ntevention.)
6n Novembe A, $**@" Na)mamalasa+it na m)a Mananan))ol n) m)a Man))a)a!an) ilipino" ,nc. filed a
Motion fo 2ntevention in -.R. No. 1&*$&1. 6n Novembe %, $**@, ;old ;a 22 Eeteans =e(ionnaies of the
Philippines, 2nc. also filed a )Petition-in-2ntevention #ith =eave to 2ntevene) in -.R. Nos. 1&*$&1, 1&*$&$,
1&*$&@, 1&*$//, 1&*$+$, 1&*$+%, and 1&*@1*.
The motions fo intevention #ee (anted and both 'enato Pimentel:s Comment and Attone"s Macalintal and
Ouada:s Petition in 2ntevention #ee admitted.
6n Novembe %-&, $**@, this Cout head the vie#s of the amici curiae and the a(uments of petitiones,
intevenos 'enato Pimentel and Attone" Ma.alintal, and 'olicito -eneal Alfedo Benipa"o on the pincipal
issues outlined in an Adviso" issued b" this Cout on Novembe @, $**@, to #it0
;hethe the cetioai 8uisdiction of the 'upeme Cout ma" be invo.edI #ho can invo.e itI on #hat
issues and at #hat timeI and #hethe it should be e3ecised b" this Cout at this time.
2n discussin( these issues, the follo#in( ma" be ta.en up0
a? locus standi of petitionesI
b? ipeness>pematuit"I mootness?I
c? political !uestionL8usticiabilit"I
d? 1ouse:s )e3clusive) po#e to initiate all cases of impeachmentI
e? 'enate:s )sole) po#e to t" and decide all cases of impeachmentI
f? constitutionalit" of the 1ouse Rules on 2mpeachment vis-a-vis 'ection @>%? of Aticle D2 of the
ConstitutionI and
(? 8udicial estaint >2talics in the oi(inal?
2n esolvin( the inticate conflu3 of pelimina" and substantive issues aisin( fom the instant petitions as #ell as
the m"iad a(uments and opinions pesented fo and a(ainst the (ant of the eliefs pa"ed fo, this Cout has
sifted and detemined them to be as follo#s0 >1? the theshold and novel issue of #hethe o not the po#e of
8udicial evie# e3tends to those aisin( fom impeachment poceedin(sI >$? #hethe o not the essential pe-
e!uisites fo the e3ecise of the po#e of 8udicial evie# have been fulfilledI and >@? the substantive issues "et
emainin(. These mattes shall no# be discussed in seriatim.
Judicial e!ie"
A1
As eflected above, petitiones plead fo this Cout to e3ecise the po#e of 8udicial evie# to detemine the validit"
of the second impeachment complaint.
This Cout:s po#e of 8udicial evie# is confeed on the 8udicial banch of the (ovenment in 'ection 1, Aticle E222
of ou pesent 1+H/ Constitution0
'ECT26N 1. The 8udicial po#e shall be vested in one 'upeme Cout and in such lo#e couts as ma"
be established b" la#.
.,/%c%$6 #oDer %&c6,/e' t1e /,t2 of the couts of 8ustice to settle actual contovesies involvin( i(hts
#hich ae le(all" demandable and enfoceable, and to /eter9%&e D1et1er or &ot t1ere 1$' bee& $
-r$3e $b,'e o4 /%'cret%o& $9o,&t%&- to 6$cE or eBce'' o4 F,r%'/%ct%o& o& t1e #$rt o4 $&2 br$&c1 or
%&'tr,9e&t$6%t2 o4 t1e -o3er&9e&t. >Emphasis supplied?
'uch po#e of 8udicial evie# #as eal" on e3haustivel" e3pounded upon b" Bustice Bose P. =auel in the
definitive 1+@& case of An)ara v. Electoral (ommission
$@
afte the effectivit" of the 1+@% Constitution #hose
povisions, unli.e the pesent Constitution, did not contain the pesent povision in Aticle E222, 'ection 1, pa. $ on
#hat 8udicial po#e includes. Thus, Bustice =auel discoused0
3 3 3 2n times of social dis!uietude o political e3citement, the (eat landma.s of the Constitution ae apt
to be fo(otten o maed, if not entiel" obliteated. & c$'e' o4 co&46%ct, t1e F,/%c%$6 /e#$rt9e&t %' t1e
o&62 co&'t%t,t%o&$6 or-$& D1%c1 c$& be c$66e/ ,#o& to /eter9%&e t1e #ro#er $66oc$t%o& o4 #oDer'
betDee& t1e 'e3er$6 /e#$rt9e&t' $&/ $9o&- t1e %&te-r$6 or co&'t%t,e&t ,&%t' t1ereo4.
As an" human poduction, ou Constitution is of couse lac.in( pefection and pefectibilit", but as much
as it #as #ithin the po#e of ou people, actin( thou(h thei dele(ates to so povide, that instument
#hich is the e3pession of thei soveei(nt" ho#eve limited, has established a epublican (ovenment
intended to opeate and function as a hamonious #hole, unde a s"stem of chec.s and balances, and
sub8ect to specific limitations and estictions povided in the said instument. T1e Co&'t%t,t%o& 'et'
4ort1 %& &o ,&cert$%& 6$&-,$-e t1e re'tr%ct%o&' $&/ 6%9%t$t%o&' ,#o& -o3er&9e&t$6 #oDer' $&/
$-e&c%e'. 4 t1e'e re'tr%ct%o&' $&/ 6%9%t$t%o&' $re tr$&'ce&/e/ %t Do,6/ be %&co&ce%3$b6e %4 t1e
Co&'t%t,t%o& 1$/ &ot #ro3%/e/ 4or $ 9ec1$&%'9 b2 D1%c1 to /%rect t1e co,r'e o4 -o3er&9e&t $6o&-
co&'t%t,t%o&$6 c1$&&e6', fo then the distibution of po#es #ould be mee vebia(e, the bill of i(hts
mee e3pessions of sentiment, and the pinciples of (ood (ovenment mee political apothe(ms.
Cetainl", the limitations and estictions embodied in ou Constitution ae eal as the" should be in an"
livin( constitution. 2n the <nited 'tates #hee no e3pess constitutional (ant is found in thei
constitution, t1e #o''e''%o& o4 t1%' 9o/er$t%&- #oDer o4 t1e co,rt', not to spea. of its histoical oi(in
and development thee, has been set at est b" popula ac!uiescence fo a peiod of moe than one and
a half centuies. 2n ou case, this modeatin( po#e %' -r$&te/, %4 &ot eB#re''62, b2 c6e$r %9#6%c$t%o&
4ro9 'ect%o& 2 o4 $rt%c6e 7 o4 o,r Co&'t%t,t%o&.
The Constitution is a definition of the po#es of (ovenment. :1o %' to /eter9%&e t1e &$t,re, 'co#e
$&/ eBte&t o4 ',c1 #oDer'G T1e Co&'t%t,t%o& %t'e64 1$' #ro3%/e/ 4or t1e %&'tr,9e&t$6%t2 o4 t1e
F,/%c%$r2 $' t1e r$t%o&$6 D$2. !&/ D1e& t1e F,/%c%$r2 9e/%$te' to $66oc$te co&'t%t,t%o&$6
bo,&/$r%e', %t does not asset an" supeioit" ove the othe depatmentsI it does not in ealit" nullif" o
invalidate an act of the le(islatue, but o&62 $''ert' t1e 'o6e9& $&/ '$cre/ ob6%-$t%o& $''%-&e/ to %t
b2 t1e Co&'t%t,t%o& to /eter9%&e co&46%ct%&- c6$%9' o4 $,t1or%t2 ,&/er t1e Co&'t%t,t%o& $&/ to
e't$b6%'1 4or t1e #$rt%e' %& $& $ct,$6 co&tro3er'2 t1e r%-1t' D1%c1 t1$t %&'tr,9e&t 'ec,re' $&/
-,$r$&tee' to t1e9. T1%' %' %& tr,t1 $66 t1$t %' %&3o63e/ %& #hat is temed )8udicial supemac") #hich
popel" %' t1e #oDer o4 F,/%c%$6 re3%eD ,&/er t1e Co&'t%t,t%o&. Even then, this po#e of 8udicial
evie# is limited to actual cases and contovesies to be e3ecised afte full oppotunit" of a(ument b"
the paties, and limited futhe to the constitutional !uestion aised o the ve" lis motapesented. An"
attempt at abstaction could onl" lead to dialectics and baen le(al !uestions and to steile conclusions
unelated to actualities. Nao#ed as its function is in this manne, the 8udicia" does not pass upon
A$
!uestions of #isdom, 8ustice o e3pedienc" of le(islation. Moe than that, couts accod the pesumption
of constitutionalit" to le(islative enactments, not onl" because the le(islatue is pesumed to abide b" the
Constitution but also because the 8udicia" in the detemination of actual cases and contovesies must
eflect the #isdom and 8ustice of the people as e3pessed thou(h thei epesentatives in the e3ecutive
and le(islative depatments of the (ovenment.
$A
>2talics in the oi(inalI emphasis and undescoin(
supplied?
As pointed out b" Bustice =auel, this )modeatin( po#e) to )detemine the pope allocation of po#es) of the
diffeent banches of (ovenment and )to diect the couse of (ovenment alon( constitutional channels) is
inheent in all couts
$%
as a necessa" conse!uence of the 8udicial po#e itself, #hich is )the po#e of the cout to
settle actual contovesies involvin( i(hts #hich ae le(all" demandable and enfoceable.)
$&
Thus, even in the <nited 'tates #hee the po#e of 8udicial evie# is not e3plicitl" confeed upon the couts b" its
Constitution, such po#e has )been set at est b" popula ac!uiescence fo a peiod of moe than one and a half
centuies.) To be sue, it #as in the 1H*@ leadin( case of Marbury v. Madison
$/
that the po#e of 8udicial evie#
#as fist aticulated b" Chief Bustice Mashall, to #it0
2t is also not entiel" un#oth" of obsevation, that in declain( #hat shall be the supeme la# of the land,
the constitution itself is fist mentionedI and not the la#s of the <nited 'tates (eneall", but those onl"
#hich shall be made in pusuance of the constitution, have that an..
T1,', t1e #$rt%c,6$r #1r$'eo6o-2 o4 t1e co&'t%t,t%o& of the <nited 'tates confims and sten(thenst1e
#r%&c%#6e, ',##o'e/ to be e''e&t%$6 to $66 Dr%tte& co&'t%t,t%o&', t1$t $ 6$D re#,-&$&t to t1e
co&'t%t,t%o& %' 3o%/H $&/ t1$t courts, $' De66 $' ot1er /e#$rt9e&t', $re bo,&/ b2 t1$t
%&'tr,9e&t.
$H
>2talics in the oi(inalI emphasis supplied?
2n ou o#n 8uisdiction, as eal" as 1+*$, decades befoe its e3pess (ant in the 1+@% Constitution, the po#e of
8udicial evie# #as e3ecised b" ou couts to invalidate constitutionall" infim acts.
$+
And as pointed out b" noted
political la# pofesso and fome 'upeme Cout Bustice Eicente E. Mendo5a,
@*
the e3ecutive and le(islative
banches of ou (ovenment in fact effectivel" ac.no#led(ed this po#e of 8udicial evie# in Aticle / of the Civil
Code, to #it0
Aticle /. =a#s ae epealed onl" b" subse!uent ones, and thei violation o non-obsevance shall not be
e3cused b" disuse, o custom o pactice to the conta".
:1e& t1e co,rt' /ec6$re $ 6$D to be %&co&'%'te&t D%t1 t1e Co&'t%t,t%o&, t1e 4or9er '1$66 be 3o%/
$&/ t1e 6$tter '1$66 -o3er&.
!/9%&%'tr$t%3e or eBec,t%3e $ct', or/er' $&/ re-,6$t%o&' '1$66 be 3$6%/ o&62 D1e& t1e2 $re &ot
co&tr$r2 to t1e 6$D' or t1e Co&'t%t,t%o&. >Emphasis supplied?
As indicated in An)ara v. Electoral (ommission,
@1
8udicial evie# is indeed an inte(al component of the delicate
s"stem of chec.s and balances #hich, to(ethe #ith the coolla" pinciple of sepaation of po#es, foms the
bedoc. of ou epublican fom of (ovenment and insues that its vast po#es ae utili5ed onl" fo the benefit of
the people fo #hich it seves.
T1e 'e#$r$t%o& o4 #oDer' %' $ 4,&/$9e&t$6 #r%&c%#6e %& o,r '2'te9 o4 -o3er&9e&t. 2t obtains not
thou(h e3pess povision but b" actual division in ou Constitution. Each depatment of the (ovenment
has e3clusive co(ni5ance of mattes #ithin its 8uisdiction, and is supeme #ithin its o#n sphee. But it
does not follo# fom the fact that the thee po#es ae to be .ept sepaate and distinct that the
Constitution intended them to be absolutel" unestained and independent of each othe. T1e
Co&'t%t,t%o& 1$' #ro3%/e/ 4or $& e6$bor$te '2'te9 o4 c1ecE' $&/ b$6$&ce' to 'ec,re coor/%&$t%o&
%& t1e DorE%&-' o4 t1e 3$r%o,' /e#$rt9e&t' o4 t1e -o3er&9e&t. 3 3 3 !&/ t1e F,/%c%$r2 %& t,r&, D%t1
t1e S,#re9e Co,rt $' t1e 4%&$6 $rb%ter, e44ect%3e62 c1ecE' t1e ot1er /e#$rt9e&t' %& t1e eBerc%'e o4
A@
%t' #oDer to /eter9%&e t1e 6$D, $&/ 1e&ce to /ec6$re eBec,t%3e $&/ 6e-%'6$t%3e $ct' 3o%/ %4 3%o6$t%3e
o4 t1e Co&'t%t,t%o&.
@$
>Emphasis and undescoin( supplied?
2n the scholal" estimation of fome 'upeme Cout Bustice ,loentino ,eliciano, )3 3 3 8udicial evie# is essential
fo the maintenance and enfocement of the sepaation of po#es and the balancin( of po#es amon( the thee
(eat depatments of (ovenment thou(h the definition and maintenance of the boundaies of authoit" and
contol bet#een them.)
@@
To him, )F8Gudicial evie# is the chief, indeed the onl", medium of paticipation M o
instument of intevention M of the 8udicia" in that balancin( opeation.)
@A
To ensue the potenc" of the po#e of 8udicial evie# to cub (ave abuse of discetion b" )$&2 br$&c1 or
%&'tr,9e&t$6%t%e' o4 -o3er&9e&t,) the afoe-!uoted 'ection 1, Aticle E222 of the Constitution en(aves, fo the
fist time into its histo", into bloc. lette la# the so-called )e3panded certiorari 8uisdiction) of this Cout, the
natue of and ationale fo #hich ae mioed in the follo#in( e3cept fom the sponsoship speech of its
poponent, fome Chief Bustice Constitutional Commissione Robeto Concepcion0
3 3 3
The fist section stats #ith a sentence copied fom fome Constitutions. 2t sa"s0
The 8udicial po#e shall be vested in one 'upeme Cout and in such lo#e couts as ma" be established
b" la#.
2 suppose nobod" can !uestion it.
The ne3t povision is ne# in ou constitutional la#. 2 #ill ead it fist and e3plain.
Budicial po#e includes the dut" of couts of 8ustice to settle actual contovesies involvin( i(hts #hich
ae le(all" demandable and enfoceable and to detemine #hethe o not thee has been a (ave abuse
of discetion amountin( to lac. o e3cess of 8uisdiction on the pat o instumentalit" of the (ovenment.
,ello# Membes of this Commission, t1%' %' $ct,$662 $ #ro/,ct o4 o,r eB#er%e&ce /,r%&- 9$rt%$6 6$D.
As a matte of fact, it has some antecedents in the past, but t1e ro6e o4 t1e F,/%c%$r2 /,r%&- t1e
/e#o'e/ re-%9e D$' 9$rre/ co&'%/er$b62 b2 t1e c%rc,9't$&ce t1$t %& $ &,9ber o4 c$'e' $-$%&'t
t1e -o3er&9e&t, D1%c1 t1e& 1$/ &o 6e-$6 /e4e&'e $t $66, t1e 'o6%c%tor -e&er$6 'et ,# t1e /e4e&'e o4
#o6%t%c$6 I,e't%o&' $&/ -ot $D$2 D%t1 %t. As a conse!uence, cetain pinciples concenin( paticulal"
the #it of habeas copus, that is, the authoit" of couts to ode the elease of political detainees, and
othe mattes elated to the opeation and effect of matial la# failed because the (ovenment set up the
defense of political !uestion. And the 'upeme Cout said0 );ell, since it is political, #e have no authoit"
to pass upon it.) T1e Co99%ttee o& t1e .,/%c%$r2 4ee6' t1$t t1%' D$' &ot $ #ro#er 'o6,t%o& o4 t1e
I,e't%o&' %&3o63e/. t /%/ &ot 9ere62 reI,e't $& e&cro$c19e&t ,#o& t1e r%-1t' o4 t1e #eo#6e, b,t
%t, %& e44ect, e&co,r$-e/ 4,rt1er 3%o6$t%o&' t1ereo4 /,r%&- t1e 9$rt%$6 6$D re-%9e. 3 3 3
3 3 3
0r%e462 't$te/, co,rt' o4 F,'t%ce /eter9%&e t1e 6%9%t' o4 #oDer o4 t1e $-e&c%e' $&/ o44%ce' o4 t1e
-o3er&9e&t $' De66 $' t1o'e o4 %t' o44%cer'. & ot1er Dor/', t1e F,/%c%$r2 %' t1e 4%&$6 $rb%ter o& t1e
I,e't%o& D1et1er or &ot $ br$&c1 o4 -o3er&9e&t or $&2 o4 %t' o44%c%$6' 1$' $cte/ D%t1o,t
F,r%'/%ct%o& or %& eBce'' o4 F,r%'/%ct%o&, or 'o c$#r%c%o,'62 $' to co&'t%t,te $& $b,'e o4 /%'cret%o&
$9o,&t%&- to eBce'' o4 F,r%'/%ct%o& or 6$cE o4 F,r%'/%ct%o&. T1%' %' &ot o&62 $ F,/%c%$6 #oDer b,t $
/,t2 to #$'' F,/-9e&t o& 9$tter' o4 t1%' &$t,re.
AA
This is the bac.(ound of paa(aph $ of 'ection 1, #hich means that t1e co,rt' c$&&ot 1ere$4ter
e3$/e t1e /,t2 to 'ett6e 9$tter' o4 t1%' &$t,re, b2 c6$%9%&- t1$t ',c1 9$tter' co&'t%t,te $ #o6%t%c$6
I,e't%o&.
@%
>2talics in the oi(inalI emphasis and undescoin( supplied?
To detemine the meits of the issues aised in the instant petitions, this Cout must necessail" tun to the
Constitution itself #hich emplo"s the #ell-settled pinciples of constitutional constuction.
,ist, verba le)is, that is, #heeve possible, the #ods used in the Constitution must be (iven thei odina"
meanin( e3cept #hee technical tems ae emplo"ed. Thus, in 6.M. 8uason E (o." ,nc. v. Land 8enure
Administration,
@&
this Cout, spea.in( thou(h Chief Bustice Eni!ue ,enando, declaed0
:e 6ooE to t1e 6$&-,$-e o4 t1e /oc,9e&t %t'e64 %& o,r 'e$rc1 4or %t' 9e$&%&-. :e /o &ot o4 co,r'e
'to# t1ere, b,t t1$t %' D1ere De be-%&. t %' to be $'',9e/ t1$t t1e Dor/' %& D1%c1 co&'t%t,t%o&$6
#ro3%'%o&' $re co,c1e/ eB#re'' t1e obFect%3e 'o,-1t to be $tt$%&e/. T1e2 $re to be -%3e&
t1e%r or/%&$r2 9e$&%&- eBce#t D1ere tec1&%c$6 ter9' $re e9#6o2e/ %& D1%c1 c$'e t1e '%-&%4%c$&ce
t1,' $tt$c1e/ to t1e9 #re3$%6'. As the Constitution is not pimail" a la#"e:s document, it bein(
essential fo the ule of la# to obtain that it should eve be pesent in the people:s consciousness, its
lan(ua(e as much as possible should be undestood in the sense the" have in common use. :1$t %t
'$2' $ccor/%&- to t1e teBt o4 t1e #ro3%'%o& to be co&'tr,e/ co9#e6' $cce#t$&ce and ne(ates the
po#e of the couts to alte it, based on the postulate that the fames and the people mean #hat the"
sa". Thus these ae the cases #hee the need fo constuction is educed to a minimum.
@/
>Emphasis and
undescoin( supplied?
'econd, #hee thee is ambi(uit", atio le)is est anima. The #ods of the Constitution should be intepeted in
accodance #ith the intent of its fames. And so did this Cout appl" this pinciple in (ivil Liberties .nion v.
E0ecutive 'ecretary
@H
in this #ise0
A foolpoof "adstic. in constitutional constuction is the intention undel"in( the povision unde
consideation. Thus, it has been held that the Cout in constuin( a Constitution should bea in mind the
ob8ect sou(ht to be accomplished b" its adoption, and the evils, if an", sou(ht to be pevented o
emedied. A doubtful povision #ill be e3amined in the li(ht of the histo" of the times, and the condition
and cicumstances unde #hich the Constitution #as famed. T1e obFect %' to $'cert$%& t1e re$'o&
D1%c1 %&/,ce/ t1e 4r$9er' o4 t1e Co&'t%t,t%o& to e&$ct t1e #$rt%c,6$r #ro3%'%o& $&/ t1e #,r#o'e
'o,-1t to be $cco9#6%'1e/ t1ereb2, %& or/er to co&'tr,e t1e D1o6e $' to 9$Ee t1e Dor/'
co&'o&$&t to t1$t re$'o& $&/ c$6c,6$te/ to e44ect t1$t #,r#o'e.
@+
>Emphasis and undescoin(
supplied?
As it did in Nitafan v. (ommissioner on ,nternal Revenue
A*
#hee, spea.in( thou(h Madame Bustice Amuefina
A. Melencio-1eea, it declaed0
3 3 3 T1e $'cert$%&9e&t o4 t1$t %&te&t %' b,t %& Eee#%&- D%t1 t1e 4,&/$9e&t$6 #r%&c%#6e o4
co&'t%t,t%o&$6 co&'tr,ct%o& t1$t t1e %&te&t o4 t1e 4r$9er' o4 t1e or-$&%c 6$D $&/ o4 t1e #eo#6e
$/o#t%&- %t '1o,6/ be -%3e& e44ect. The pima" tas. in constitutional constuction is to ascetain and
theeafte assue the eali5ation of the pupose of the fames and of the people in the adoption of the
Constitution. t 9$2 $6'o be '$4e62 $'',9e/ t1$t t1e #eo#6e %& r$t%42%&- t1e Co&'t%t,t%o& Dere
-,%/e/ 9$%&62 b2 t1e eB#6$&$t%o& o44ere/ b2 t1e 4r$9er'.
A1
>Emphasis and undescoin( supplied?
,inall", ut ma)is valeat 2uam pereat. The Constitution is to be intepeted as a #hole. Thus, in (hion)bian v. >e
Leon,
A$
this Cout, thou(h Chief Bustice Manuel Moan declaed0
B B B ?T@1e 9e9ber' o4 t1e Co&'t%t,t%o&$6 Co&3e&t%o& co,6/ &ot 1$3e /e/%c$te/ $ #ro3%'%o& o4 o,r
Co&'t%t,t%o& 9ere62 4or t1e be&e4%t o4 o&e #er'o& D%t1o,t co&'%/er%&- t1$t %t co,6/ $6'o $44ect
ot1er'. :1e& t1e2 $/o#te/ ',b'ect%o& 2, t1e2 #er9%tte/, %4 &ot D%66e/, t1$t '$%/ #ro3%'%o& '1o,6/
A%
4,&ct%o& to t1e 4,66 eBte&t o4 %t' ',b't$&ce $&/ %t' ter9', &ot b2 %t'e64 $6o&e, b,t %& co&F,&ct%o&
D%t1 $66 ot1er #ro3%'%o&' o4 t1$t -re$t /oc,9e&t.
A@
>Emphasis and undescoin( supplied?
=i.e#ise, still in (ivil Liberties .nion v. E0ecutive 'ecretary,
AA
this Cout affimed that0
t %' $ De66-e't$b6%'1e/ r,6e %& co&'t%t,t%o&$6 co&'tr,ct%o& t1$t &o o&e #ro3%'%o& o4 t1e Co&'t%t,t%o&
%' to be 'e#$r$te/ 4ro9 $66 t1e ot1er', to be co&'%/ere/ $6o&e, b,t t1$t $66 t1e #ro3%'%o&' be$r%&-
,#o& $ #$rt%c,6$r ',bFect $re to be bro,-1t %&to 3%eD $&/ to be 'o %&ter#rete/ $' to e44ect,$te t1e
-re$t #,r#o'e' o4 t1e %&'tr,9e&t. Sect%o&' be$r%&- o& $ #$rt%c,6$r ',bFect '1o,6/ be co&'%/ere/
$&/ %&ter#rete/ to-et1er $' to e44ect,$te t1e D1o6e #,r#o'e o4 t1e Co&'t%t,t%o& $&/ o&e 'ect%o& %'
&ot to be $66oDe/ to /e4e$t $&ot1er, %4 b2 $&2 re$'o&$b6e co&'tr,ct%o&, t1e tDo c$& be 9$/e to
't$&/ to-et1er.
2n othe #ods, the cout must hamoni5e them, if pacticable, and must lean in favo of a constuction
#hich #ill ende eve" #od opeative, athe than one #hich ma" ma.e the #ods idle and
nu(ato".
A%
>Emphasis supplied?
2f, ho#eve, the plain meanin( of the #od is not found to be clea, esot to othe aids is available. 2n still the
same case of (ivil Liberties .nion v. E0ecutive 'ecretary" this Cout e3pounded0
;hile it is pemissible in this 8uisdiction to consult the /eb$te' $&/ #rocee/%&-' of the constitutional
convention in ode to aive at the eason and pupose of the esultin( Constitution, re'ort t1ereto 9$2
be 1$/ o&62 D1e& ot1er -,%/e' 4$%6 $' '$%/ #rocee/%&-' $re #oDer6e'' to 3$r2 t1e ter9' o4 t1e
Co&'t%t,t%o& D1e& t1e 9e$&%&- %' c6e$r. 7ebates in the constitutional convention )ae of value as
sho#in( the vie#s of the individual membes, and as indicatin( the easons fo thei votes, but the" (ive
us no li(ht as to the vie#s of the la(e ma8oit" #ho did not tal., much less of the mass of ou fello#
citi5ens #hose votes at the polls (ave that instument the foce of fundamental la#. :e t1%&E %t '$4er to
co&'tr,e t1e co&'t%t,t%o& 4ro9 D1$t $##e$r' ,#o& %t' 4$ce.J T1e #ro#er %&ter#ret$t%o& t1ere4ore
/e#e&/' 9ore o& 1oD %t D$' ,&/er'too/ b2 t1e #eo#6e $/o#t%&- %t t1$& %& t1e 4r$9er'K'
,&/er't$&/%&- t1ereo4.
A&
>Emphasis and undescoin( supplied?
2t is in the conte3t of the foe(oin( bac.dop of constitutional efinement and 8uispudential application of the
po#e of 8udicial evie# that espondents 'pea.e 7e Eenecia, et. al. and inteveno 'enato Pimentel aise the
novel a(ument that the Constitution has e3cluded impeachment poceedin(s fom the covea(e of 8udicial
evie#.
Biefl" stated, it is the position of espondents 'pea.e 7e Eenecia et. al. that impeachment is a political action
#hich cannot assume a 8udicial chaacte. 1ence, an" !uestion, issue o incident aisin( at an" sta(e of the
impeachment poceedin( is be"ond the each of 8udicial evie#.
A/
,o his pat, inteveno 'enato Pimentel contends that the 'enate:s )sole po#e to t") impeachment cases
AH
>1?
entiel" e3cludes the application of 8udicial evie# ove itI and >$? necessail" includes the 'enate:s po#e to
detemine constitutional !uestions elative to impeachment poceedin(s.
A+
2n futhein( thei a(uments on the poposition that impeachment poceedin(s ae outside the scope of 8udicial
evie#, espondents 'pea.e 7e Eenecia, et. al. and inteveno 'enato Pimentel el" heavil" on Ameican
authoities, pincipall" the ma8oit" opinion in the case of Ni0on v. .nited 'tates.
%*
Thus, the" contend that the
e3ecise of 8udicial evie# ove impeachment poceedin(s is inappopiate since it uns counte to the fames:
decision to allocate to diffeent foa the po#es to t" impeachments and to t" cimesI it distubs the s"stem of
chec.s and balances, unde #hich impeachment is the onl" le(islative chec. on the 8udicia"I and it #ould ceate
a lac. of finalit" and difficult" in fashionin( elief.
%1
Respondents li.e#ise point to delibeations on the <'
Constitution to sho# the intent to isolate 8udicial po#e of evie# in cases of impeachment.
A&
Respondents: and intevenos: eliance upon Ameican 8uispudence, the Ameican Constitution and Ameican
authoities c$&&ot be cedited to suppot the poposition that the 'enate:s )sole po#e to t" and decide
impeachment cases,) as povided fo unde At. D2, 'ec. @>&? of the Constitution, is a te3tuall" demonstable
constitutional commitment of all issues petainin( to impeachment to the le(islatue, to the total e3clusion of the
po#e of 8udicial evie# to chec. and estain an" (ave abuse of the impeachment pocess. No can it easonabl"
suppot the intepetation that it necessail" confes upon the 'enate the inheentl" 8udicial po#e to detemine
constitutional !uestions incident to impeachment poceedin(s.
'aid Ameican 8uispudence and authoities, much less the Ameican Constitution, ae of dubious application fo
these ae no lon(e contollin( #ithin ou 8uisdiction and have onl" limited pesuasive meit insofa as Philippine
constitutional la# is concened. As held in the case of Garcia vs. (5MELE(,
%$
)FiGn esolvin( constitutional
disputes, Fthis CoutG should not be be(uiled b" foei(n 8uispudence some of #hich ae hadl" applicable
because the" have been dictated b" diffeent constitutional settin(s and needs.)
%@
2ndeed, althou(h the Philippine
Constitution can tace its oi(ins to that of the <nited 'tates, thei paths of development have lon( since dive(ed.
2n the coloful #ods of ,athe Benas, )F#Ge have cut the umbilical cod.)
The ma8o diffeence bet#een the 8udicial po#e of the Philippine 'upeme Cout and that of the <.'. 'upeme
Cout is that #hile the po#e of 8udicial evie# is onl" impliedly (anted to the <.'. 'upeme Cout and is
discetiona" in natue, that (anted to the Philippine 'upeme Cout and lo#e couts, as e0pressly provided for
in the (onstitution, is not 8ust a po#e but also a /,t2, and it #as -%3e& $& eB#$&/e/ /e4%&%t%o& to include the
po#e to coect an" (ave abuse of discetion on the pat of an" (ovenment banch o instumentalit".
Thee ae also (lain( distinctions bet#een the <.'. Constitution and the Philippine Constitution #ith espect to
the po#e of the 1ouse of Repesentatives ove impeachment poceedin(s. ;hile the <.'. Constitution besto#s
sole po#e of impeachment to the 1ouse of Repesentatives #ithout limitation,
%A
ou Constitution, thou(h vestin(
in the 1ouse of Repesentatives the e3clusive po#e to initiate impeachment cases,
%%
povides fo seveal
limitations to the e3ecise of such po#e as embodied in 'ection @>$?, >@?, >A? and >%?, Aticle D2 theeof. These
limitations include the manne of filin(, e!uied vote to impeach, and the one "ea ba on the impeachment of one
and the same official.
Respondents ae also of the vie# that 8udicial evie# of impeachments undemines thei finalit" and ma" also lead
to conflicts bet#een Con(ess and the 8udicia". Thus, the" call upon this Cout to e3ecise 8udicial statesmanship
on the pinciple that )#heneve possible, the Cout should defe to the 8ud(ment of the people e3pessed
le(islativel", eco(ni5in( full #ell the peils of 8udicial #illfulness and pide.)
%&
But did not the people also e3pess thei #ill #hen the" instituted the above-mentioned safe(uads in the
Constitution4 This sho#s that the Constitution did not intend to leave the matte of impeachment to the sole
discetion of Con(ess. 2nstead, it povided fo cetain #ell-defined limits, o in the lan(ua(e of ;a+er v.
(arr,
%/
)8udiciall" discoveable standads) fo deteminin( the validit" of the e3ecise of such discetion, thou(h the
po#e of 8udicial evie#.
The cases of Romulo v. 9ni)uez
%H
and Ale*andrino v. Fuezon,
%+
cited b" espondents in suppot of the a(ument
that the impeachment po#e is be"ond the scope of 8udicial evie#, ae not in point. These cases concen the
denial of petitions fo #its of mandamus to compel the le(islatue to pefom non-ministeial acts, and do not
concen the e3ecise of the po#e of 8udicial evie#.
Thee is indeed a plethoa of cases in #hich this Cout e3ecised the po#e of 8udicial evie# ove con(essional
action. Thus, in 'antia)o v. Guin)ona" 6r."
&*
this Cout uled that it is #ell #ithin the po#e and 8uisdiction of the
Cout to in!uie #hethe the 'enate o its officials committed a violation of the Constitution o (ave abuse of
discetion in the e3ecise of thei functions and peo(atives. 2n 8anada v. An)ara"
&1
in see.in( to nullif" an act of
the Philippine 'enate on the (ound that it contavened the Constitution, it held that the petition aises a 8usticiable
contoves" and that #hen an action of the le(islative banch is seiousl" alle(ed to have infin(ed the
Constitution, it becomes not onl" the i(ht but in fact the dut" of the 8udicia" to settle the dispute. 2n;ondoc v.
ineda,
&$
this Cout declaed null and void a esolution of the 1ouse of Repesentatives #ithda#in( the
A/
nomination, and escindin( the election, of a con(essman as a membe of the 1ouse Electoal Tibunal fo bein(
violative of 'ection 1/, Aticle E2 of the Constitution. 2n (oseten) v. Mitra,
&@
it held that the esolution of #hethe
the 1ouse epesentation in the Commission on Appointments #as based on popotional epesentation of the
political paties as povided in 'ection 1H, Aticle E2 of the Constitution is sub8ect to 8udicial evie#. 2n >aza v.
'in)son"
&A
it held that the act of the 1ouse of Repesentatives in emovin( the petitione fom the Commission on
Appointments is sub8ect to 8udicial evie#. 2n 8anada v. (uenco"
&%
it held that althou(h unde the Constitution, the
le(islative po#e is vested e3clusivel" in Con(ess, this does not detact fom the po#e of the couts to pass
upon the constitutionalit" of acts of Con(ess. 2n An)ara v. Electoral (ommission"
&&
it uled that confimation b"
the National Assembl" of the election of an" membe, iespective of #hethe his election is contested, is not
essential befoe such membe-elect ma" discha(e the duties and en8o" the pivile(es of a membe of the
National Assembl".
,inall", thee e3ists no constitutional basis fo the contention that the e3ecise of 8udicial evie# ove impeachment
poceedin(s #ould upset the s"stem of chec.s and balances. Eeil", the Constitution is to be intepeted as a
#hole and )one section is not to be allo#ed to defeat anothe.)
&/
Both ae inte(al components of the calibated
s"stem of independence and intedependence that insues that no banch of (ovenment act be"ond the po#es
assi(ned to it b" the Constitution.
#ssential e$uisites for Judicial e!ie"
As cleal" stated in An)ara v. Electoral (ommission, the couts: po#e of 8udicial evie#, li.e almost all po#es
confeed b" the Constitution, is sub8ect to seveal limitations, namel"0 >1? an actual case o contoves" callin( fo
the e3ecise of 8udicial po#eI >$? the peson challen(in( the act must have )standin() to challen(eI he must have
a pesonal and substantial inteest in the case such that he has sustained, o #ill sustain, diect in8u" as a esult
of its enfocementI >@? the !uestion of constitutionalit" must be aised at the ealiest possible oppotunit"I and >A?
the issue of constitutionalit" must be the ve" lis mota of the case.
3 3 3 Even then, this po#e of 8udicial evie# is limited to actual cases and contovesies to be e3ecised
afte full oppotunit" of a(ument b" the paties, and limited futhe to the constitutional !uestion aised o
the ve" lis mota pesented. An" attempt at abstaction could onl" lead to dialectics and baen le(al
!uestions and to steile conclusions unelated to actualities. Nao#ed as its function is in this manne,
the 8udicia" does not pass upon !uestions of #isdom, 8ustice o e3pedienc" of le(islation. Moe than that,
couts accod the pesumption of constitutionalit" to le(islative enactments, not onl" because the
le(islatue is pesumed to abide b" the Constitution but also because the 8udicia" in the detemination of
actual cases and contovesies must eflect the #isdom and 8ustice of the people as e3pessed thou(h
thei epesentatives in the e3ecutive and le(islative depatments of the (ovenment.
&H
>2talics in the
oi(inal?
Standing
Locus standi o le(al standin( o has been defined as a pesonal and substantial inteest in the case such that the
pat" has sustained o #ill sustain diect in8u" as a esult of the (ovenmental act that is bein( challen(ed. The
(ist of the !uestion of standin( is #hethe a pat" alle(es such pesonal sta.e in the outcome of the contoves"
as to assue that concete adveseness #hich shapens the pesentation of issues upon #hich the cout depends
fo illumination of difficult constitutional !uestions.
&+
,ntervenor 'oiano, in pa"in( fo the dismissal of the petitions, contends that petitiones do not have standin(
since onl" the Chief Bustice has sustained and #ill sustain diect pesonal in8u". Amicus curiae fome Bustice
Ministe and 'olicito -eneal Estelito Mendo5a similal" contends.
<pon the othe hand, the 'olicito -eneal assets that petitiones have standin( since this Cout had, in the past,
accoded standin( to ta3pa"es, votes, concened citi5ens, le(islatos in cases involvin( paamount public
inteest
/*
and tanscendental impotance,
/1
and that pocedual mattes ae subodinate to the need to detemine
#hethe o not the othe banches of the (ovenment have .ept themselves #ithin the limits of the Constitution
AH
and the la#s and that the" have not abused the discetion (iven to them.
/$
Amicus curiae 7ean Raul
Pan(alan(an of the <.P. Colle(e of =a# is of the same opinion, citin( tanscendental impotance and the #ell-
entenched ule e3ception that, #hen the eal pat" in inteest is unable to vindicate his i(hts b" see.in( the
same emedies, as in the case of the Chief Bustice #ho, fo ethical easons, cannot himself invo.e the 8uisdiction
of this Cout, the couts #ill (ant petitiones standin(.
Thee is, ho#eve, a diffeence bet#een the ule on eal-pat"-in-inteest and the ule on standin(, fo the fome
is a concept of civil pocedue
/@
#hile the latte has constitutional undepinnin(s.
/A
2n vie# of the a(uments set
foth e(adin( standin(, it behooves the Cout to eiteate the ulin( in -ilosbayan" ,nc. v. Morato
/%
to claif" #hat
is meant b" locus standi and to distin(uish it fom eal pat"-in-inteest.
The diffeence bet#een the ule on standin( and eal pat" in inteest has been noted b" authoities thus0
)2t is impotant to note . . . that standin( because of its constitutional and public polic" undepinnin(s, is
ve" diffeent fom !uestions elatin( to #hethe a paticula plaintiff is the eal pat" in inteest o has
capacit" to sue. Althou(h all thee e!uiements ae diected to#ads ensuin( that onl" cetain paties
can maintain an action, standin( estictions e!uie a patial consideation of the meits, as #ell as
boade polic" concens elatin( to the pope ole of the 8udicia" in cetain aeas.
'tandin( is a special concen in constitutional la# because in some cases suits ae bou(ht not b" paties
#ho have been pesonall" in8ued b" the opeation of a la# o b" official action ta.en, but b" concened
citi5ens, ta3pa"es o votes #ho actuall" sue in the public inteest. 1ence the !uestion in standin( is
#hethe such paties have )alle(ed such a pesonal sta.e in the outcome of the contoves" as to assue
that concete adveseness #hich shapens the pesentation of issues upon #hich the cout so la(el"
depends fo illumination of difficult constitutional !uestions.)
3 3 3
6n the othe hand, the !uestion as to )eal pat" in inteest) is #hethe he is )the pat" #ho #ould be
benefited o in8ued b" the 8ud(ment, o the :pat" entitled to the avails of the suit.:)
/&
>Citations omitted?
;hile i(hts pesonal to the Chief Bustice ma" have been in8ued b" the alle(ed unconstitutional acts of the 1ouse
of Repesentatives, none of the petitiones befoe us assets a violation of the pesonal i(hts of the Chief Bustice.
6n the conta", the" invaiabl" invo.e the vindication of thei o#n i(hts M as ta3pa"esI membes of Con(essI
citi5ens, individuall" o in a class suitI and membes of the ba and of the le(al pofession M #hich #ee
supposedl" violated b" the alle(ed unconstitutional acts of the 1ouse of Repesentatives.
2n a lon( line of cases, ho#eve, concened citi5ens, ta3pa"es and le(islatos #hen specific e!uiements have
been met have been (iven standin( b" this Cout.
;hen suin( as a citizen, the inteest of the petitione assailin( the constitutionalit" of a statute must be diect and
pesonal. 1e must be able to sho#, not onl" that the la# o an" (ovenment act is invalid, but also that he
sustained o is in imminent dan(e of sustainin( some diect in8u" as a esult of its enfocement, and not meel"
that he suffes theeb" in some indefinite #a". 2t must appea that the peson complainin( has been o is about to
be denied some i(ht o pivile(e to #hich he is la#full" entitled o that he is about to be sub8ected to some
budens o penalties b" eason of the statute o act complained of.
//
2n fine, #hen the poceedin( involves the
assetion of a public i(ht,
/H
the mee fact that he is a citi5en satisfies the e!uiement of pesonal inteest.
2n the case of a ta0payer, he is allo#ed to sue #hee thee is a claim that public funds ae ille(all" disbused, o
that public mone" is bein( deflected to an" impope pupose, o that thee is a #asta(e of public funds thou(h
the enfocement of an invalid o unconstitutional la#.
/+
Befoe he can invo.e the po#e of 8udicial evie#,
ho#eve, he must specificall" pove that he has sufficient inteest in peventin( the ille(al e3penditue of mone"
aised b" ta3ation and that he #ould sustain a diect in8u" as a esult of the enfocement of the !uestioned statute
o contact. 2t is not sufficient that he has meel" a (eneal inteest common to all membes of the public.
H*
A+
At all events, couts ae vested #ith discetion as to #hethe o not a ta3pa"e:s suit should be entetained.
H1
This
Cout opts to (ant standin( to most of the petitiones, (iven thei alle(ation that an" impendin( tansmittal to the
'enate of the Aticles of 2mpeachment and the ensuin( tial of the Chief Bustice #ill necessail" involve the
e3penditue of public funds.
As fo a le)islator, he is allo#ed to sue to !uestion the validit" of an" official action #hich he claims infin(es his
peo(atives as a le(islato.
H$
2ndeed, a membe of the 1ouse of Repesentatives has standin( to maintain
inviolate the peo(atives, po#es and pivile(es vested b" the Constitution in his office.
H@
;hile an association has le(al pesonalit" to epesent its membes,
HA
especiall" #hen it is composed of
substantial ta3pa"es and the outcome #ill affect thei vital inteests,
H%
the mee invocation b" the ,nte)rated ;ar
of the hilippines or any member of the le)al profession of the dut" to peseve the ule of la# and nothin( moe,
althou(h undoubtedl" tue, does not suffice to clothe it #ith standin(. 2ts inteest is too (eneal. 2t is shaed b"
othe (oups and the #hole citi5en". 1o#eve, a eadin( of the petitions sho#s that it has advanced
constitutional issues #hich deseve the attention of this Cout in vie# of thei seiousness, novelt" and #ei(ht as
pecedents.
H&
2t, theefoe, behooves this Cout to ela3 the ules on standin( and to esolve the issues pesented
b" it.
2n the same vein, #hen dealin( #ith class suits filed in behalf of all citi5ens, pesons intevenin( must be
sufficientl" numeous to full" potect the inteests of all concened
H/
to enable the cout to deal popel" #ith all
inteests involved in the suit,
HH
fo a 8ud(ment in a class suit, #hethe favoable o unfavoable to the class, is,
unde the res *udicata pinciple, bindin( on all membes of the class #hethe o not the" #ee befoe the
cout.
H+
;hee it cleal" appeas that not all inteests can be sufficientl" epesented as sho#n b" the dive(ent
issues aised in the numeous petitions befoe this Cout, -.R. No. 1&*@&% as a class suit ou(ht to fail. 'ince
petitiones additionall" alle(e standin( as citi5ens and ta3pa"es, ho#eve, thei petition #ill stand.
The hilippine ;ar Association, in -.R. No. 1&*A*@, invo.es the sole (ound of tanscendental impotance, #hile
Att". 7ioscoo <. Ealle8os, in -.R. No. 1&*@+/, is mum on his standin(.
Thee bein( no doctinal definition of tanscendental impotance, the follo#in( instuctive deteminants fomulated
b" fome 'upeme Cout Bustice ,loentino P. ,eliciano ae instuctive0 >1? the chaacte of the funds o othe
assets involved in the caseI >$? the pesence of a clea case of dise(ad of a constitutional o statuto" pohibition
b" the public espondent a(enc" o instumentalit" of the (ovenmentI and >@? the lac. of an" othe pat" #ith a
moe diect and specific inteest in aisin( the !uestions bein( aised.
+*
Appl"in( these deteminants, this Cout is
satisfied that the issues aised heein ae indeed of tanscendental impotance.
2n not a fe# cases, this Cout has in fact adopted a libeal attitude on the locus standi of a petitione #hee the
petitione is able to caft an issue of tanscendental si(nificance to the people, as #hen the issues aised ae of
paamount impotance to the public.
+1
'uch libealit" does not, ho#eve, mean that the e!uiement that a pat"
should have an inteest in the matte is totall" eliminated. A pat" must, at the ve" least, still plead the e3istence
of such inteest, it not bein( one of #hich couts can ta.e 8udicial notice. 2n petitione Ealle8os: case, he failed to
alle(e an" inteest in the case. 1e does not thus have standin(.
;ith espect to the motions fo intevention, Rule 1+, 'ection $ of the Rules of Cout e!uies an inteveno to
possess a le(al inteest in the matte in liti(ation, o in the success of eithe of the paties, o an inteest a(ainst
both, o is so situated as to be advesel" affected b" a distibution o othe disposition of popet" in the custod" of
the cout o of an office theeof. ;hile intevention is not a matte of i(ht, it ma" be pemitted b" the couts #hen
the applicant sho#s facts #hich satisf" the e!uiements of the la# authoi5in( intevention.
+$
2n 2ntevenos Attone"s Romulo Macalintal and Pete Ouiino Ouada:s case, the" see. to 8oin petitiones
Candelaia, et. al. in -.R. No. 1&*$&$. 'ince, save fo one additional issue, the" aise the same issues and the
same standin(, and no ob8ection on the pat of petitiones Candelaia, et. al. has been inteposed, this Cout as
ealie stated, (anted the Motion fo =eave of Cout to 2ntevene and Petition-in-2ntevention.
%*
Na(mamalasa.it na m(a Mananan((ol n( m(a Man((a(a#an( Pilipino, 2nc., et. al. sou(ht to 8oin petitione
,ancisco in -.R. No. 1&*$&1. 2nvo.in( thei i(ht as citi5ens to intevene, alle(in( that )the" #ill suffe if this
insidious scheme of the minoit" membes of the 1ouse of Repesentatives is successful,) this Cout found the
e!uisites fo intevention had been complied #ith.
Alle(in( that the issues aised in the petitions in -.R. Nos. 1&*$&1, 1&*$&$, 1&*$&@, 1&*$//, 1&*$+$, 1&*$+%,
and 1&*@1* #ee of tanscendental impotance, ;old ;a 22 Eeteans =e(ionnaies of the Philippines, 2nc. filed a
)Petition-in-2ntevention #ith =eave to 2ntevene) to aise the additional issue of #hethe o not the second
impeachment complaint a(ainst the Chief Bustice is valid and based on an" of the (ounds pescibed b" the
Constitution.
,indin( that Na(mamalasa.it na m(a Mananan((ol n( m(a Man((a(a#an( Pilipino, 2nc., et al. and ;old ;a 22
Eeteans =e(ionnaies of the Philippines, 2nc. possess a le(al inteest in the matte in liti(ation the espective
motions to intevene #ee heeb" (anted.
'enato A!uilino Pimentel, on the othe hand, sou(ht to intevene fo the limited pupose of ma.in( of ecod and
a(uin( a point of vie# that diffes #ith 'enate Pesident 7ilon:s. 1e alle(es that submittin( to this Cout:s
8uisdiction as the 'enate Pesident does #ill undemine the independence of the 'enate #hich #ill sit as an
impeachment cout once the Aticles of 2mpeachment ae tansmitted to it fom the 1ouse of Repesentatives.
Cleal", 'enato Pimentel possesses a le(al inteest in the matte in liti(ation, he bein( a membe of Con(ess
a(ainst #hich the heein petitions ae diected. ,o this eason, and to full" ventilate all substantial issues elatin(
to the matte at hand, his Motion to 2ntevene #as (anted and he #as, as ealie stated, allo#ed to a(ue.
=astl", as to Baime N. 'oiano:s motion to intevene, the same must be denied fo, #hile he assets an inteest as
a ta3pa"e, he failed to meet the standin( e!uiement fo bin(in( ta3pa"e:s suits as set foth in >umlao v.
(omelec,
+@
to !it0
3 3 3 ;hile, concededl", the elections to be held involve the e3penditue of public mone"s, no#hee in
thei Petition do said petitiones alle(e that thei ta3 mone" is )bein( e3tacted and spent in violation of
specific constitutional potection a(ainst abuses of le(islative po#e,) o that thee is a misapplication of
such funds b" espondent C6ME=EC, o that public mone" is bein( deflected to an" impope pupose.
Neithe do petitiones see. to estain espondent fom #astin( public funds thou(h the enfocement of
an invalid o unconstitutional la#.
+A
>Citations omitted?
2n pa"in( fo the dismissal of the petitions, 'oiano failed even to alle(e that the act of petitiones #ill esult in
ille(al disbusement of public funds o in public mone" bein( deflected to an" impope pupose. Additionall", his
mee inteest as a membe of the Ba does not suffice to clothe him #ith standin(.
ipeness and Prematurit%
2n 8an v. Macapa)al,
+%
this Cout, thou(h Chief Bustice ,enando, held that fo a case to be consideed ipe fo
ad8udication, )it is a pee!uisite that somethin( had b" then been accomplished o pefomed b" eithe banch
befoe a cout ma" come into the pictue.)
+&
6nl" then ma" the couts pass on the validit" of #hat #as done, if and
#hen the latte is challen(ed in an appopiate le(al poceedin(.
The instant petitions aise in the main the issue of the validit" of the filin( of the second impeachment complaint
a(ainst the Chief Bustice in accodance #ith the 1ouse 2mpeachment Rules adopted b" the 1$th Con(ess, the
constitutionalit" of #hich is !uestioned. The !uestioned acts havin( been caied out, i.e., the second
impeachment complaint had been filed #ith the 1ouse of Repesentatives and the $**1 Rules have alead" been
alead" pomul(ated and enfoced, the pee!uisite that the alle(ed unconstitutional act should be accomplished
and pefomed befoe suit, as 8an v. Macapa)al holds, has been complied #ith.
Related to the issue of ipeness is the !uestion of #hethe the instant petitions ae pematue. Amicus
curiaefome 'enate Pesident Bovito R. 'alon(a opines that thee ma" be no u(ent need fo this Cout to ende
%1
a decision at this time, it bein( the final abite on !uestions of constitutionalit" an"#a". 1e thus ecommends that
all emedies in the 1ouse and 'enate should fist be e3hausted.
Ta.in( a simila stand is 7ean Raul Pan(alan(an of the <.P. Colle(e of =a# #ho su((ests to this Cout to ta.e
8udicial notice of on-(oin( attempts to encoua(e si(natoies to the second impeachment complaint to #ithda#
thei si(natues and opines that the 1ouse 2mpeachment Rules povide fo an oppotunit" fo membes to aise
constitutional !uestions themselves #hen the Aticles of 2mpeachment ae pesented on a motion to tansmit to
the same to the 'enate. The dean maintains that even assumin( that the Aticles ae tansmitted to the 'enate,
the Chief Bustice can aise the issue of thei constitutional infimit" b" #a" of a motion to dismiss.
The dean:s position does not pesuade. ,ist, the #ithda#al b" the Repesentatives of thei si(natues #ould not,
b" itself, cue the 1ouse 2mpeachment Rules of thei constitutional infimit". Neithe #ould such a #ithda#al, b"
itself, obliteate the !uestioned second impeachment complaint since it #ould onl" place it unde the ambit of
'ections @>$? and >@? of Aticle D2 of the Constitution
+/
and, theefoe, petitiones #ould continue to suffe thei
in8uies.
'econd and most impotantl", the futilit" of see.in( emedies fom eithe o both 1ouses of Con(ess befoe
comin( to this Cout is sho#n b" the fact that, as peviousl" discussed, neithe the 1ouse of Repesentatives no
the 'enate is clothed #ith the po#e to ule #ith definitiveness on the issue of constitutionalit", #hethe
concenin( impeachment poceedin(s o othe#ise, as said po#e is e3clusivel" vested in the 8udicia" b" the
ealie !uoted 'ection 2, Aticle E222 of the Constitution. Remed" cannot be sou(ht fom a bod" #hich is beeft of
po#e to (ant it.
Justicia&ilit%
2n the leadin( case of 8anada v. (uenco,
+H
Chief Bustice Robeto Concepcion defined the tem )political
!uestion,) viz0
FTGhe tem )political !uestion) connotes, in le(al palance, #hat it means in odina" palance, namel", a
!uestion of polic". 2n othe #ods, in the lan(ua(e of Copus Buis 'ecundum, it efes to )those !uestions
#hich, unde the Constitution, ae to be decided by the people in thei soveei(n capacit", o in e(ad to
#hich full discretionary authority has been dele(ated to the =e(islatue o e3ecutive banch of the
-ovenment.) 2t is concened #ith issues dependent upon the !isdom, not le(alit", of a paticula
measue.
++
>2talics in the oi(inal?
Pio to the 1+/@ Constitution, #ithout consistenc" and seemin(l" #ithout an" h"me o eason, this Cout
vacillated on its stance of ta.in( co(ni5ance of cases #hich involved political !uestions. 2n some cases, this Cout
hid behind the cove of the political !uestion doctine and efused to e3ecise its po#e of 8udicial evie#.
1**
2n
othe cases, ho#eve, despite the seemin( political natue of the theein issues involved, this Cout assumed
8uisdiction #heneve it found constitutionall" imposed limits on po#es o functions confeed upon political
bodies.
1*1
Even in the landma. 1+HH case of 6avellana v. E0ecutive 'ecretary
1*$
#hich aised the issue of
#hethe the 1+/@ Constitution #as atified, hence, in foce, this Cout shunted the political !uestion doctine and
too. co(ni5ance theeof. Ratification b" the people of a Constitution is a political !uestion, it bein( a !uestion
decided b" the people in thei soveei(n capacit".
The fe!uenc" #ith #hich this Cout invo.ed the political !uestion doctine to efuse to ta.e 8uisdiction ove
cetain cases duin( the Macos e(ime motivated Chief Bustice Concepcion, #hen he became a Constitutional
Commissione, to claif" this Cout:s po#e of 8udicial evie# and its application on issues involvin( political
!uestions, viz0
MR. C6NCEPC26N. Than. "ou, M. Pesidin( 6ffice.
2 #ill spea. on the 8udicia". Pacticall", eve"bod" has made, 2 suppose, the usual comment that the 8udicia" is
the #ea.est amon( the thee ma8o banches of the sevice. 'ince the le(islatue holds the puse and the
%$
e3ecutive the s#od, the 8udicia" has nothin( #ith #hich to enfoce its decisions o commands e3cept the po#e
of eason and appeal to conscience #hich, afte all, eflects the #ill of -od, and is the most po#eful of all othe
po#es #ithout e3ception. 3 3 3 And so, #ith the bod":s indul(ence, 2 #ill poceed to ead the povisions dafted
b" the Committee on the Budicia".
The fist section stats #ith a sentence copied fom fome Constitutions. 2t sa"s0
The 8udicial po#e shall be vested in one 'upeme Cout and in such lo#e couts as ma" be established
b" la#.
2 suppose nobod" can !uestion it.
The ne3t povision is ne# in ou constitutional la#. 2 #ill ead it fist and e3plain.
Budicial po#e includes the dut" of couts of 8ustice to settle actual contovesies involvin( i(hts #hich
ae le(all" demandable and enfoceable and to detemine #hethe o not thee has been a (ave abuse
of discetion amountin( to lac. o e3cess of 8uisdiction on the pat o instumentalit" of the (ovenment.
,ello# Membes of this Commission, this is actuall" a poduct of ou e3peience duin( matial la#. As a
matte of fact, it has some antecedents in the past, but the ro6e o4 t1e F,/%c%$r2 /,r%&- t1e /e#o'e/
re-%9e D$' 9$rre/ co&'%/er$b62 b2 t1e c%rc,9't$&ce t1$t %& $ &,9ber o4 c$'e' $-$%&'t t1e
-o3er&9e&t, D1%c1 t1e& 1$/ &o 6e-$6 /e4e&'e $t $66, t1e 'o6%c%tor -e&er$6 'et ,# t1e /e4e&'e o4
#o6%t%c$6 I,e't%o&' $&/ -ot $D$2 D%t1 %t. !' $ co&'eI,e&ce, cert$%& #r%&c%#6e' co&cer&%&-
#$rt%c,6$r62 t1e Dr%t o4 ha&eas corpus, t1$t %', t1e $,t1or%t2 o4 co,rt' to or/er t1e re6e$'e o4
#o6%t%c$6 /et$%&ee', $&/ ot1er 9$tter' re6$te/ to t1e o#er$t%o& $&/ e44ect o4 9$rt%$6 6$D 4$%6e/
bec$,'e t1e -o3er&9e&t 'et ,# t1e /e4e&'e o4 #o6%t%c$6 I,e't%o&. And the 'upeme Cout said0
);ell, since it is political, #e have no authoit" to pass upon it.) T1e Co99%ttee o& t1e .,/%c%$r2 4ee6'
t1$t t1%' D$' &ot $ #ro#er 'o6,t%o& o4 t1e I,e't%o&' %&3o63e/. t /%/ &ot 9ere62 reI,e't $&
e&cro$c19e&t ,#o& t1e r%-1t' o4 t1e #eo#6e, b,t %t, %& e44ect, e&co,r$-e/ 4,rt1er 3%o6$t%o&' t1ereo4
/,r%&- t1e 9$rt%$6 6$D re-%9e. 2 am sue the membes of the Ba ae familia #ith this situation. But fo
the benefit of the Membes of the Commission #ho ae not la#"es, allo# me to e3plain. 2 #ill stat #ith a
decision of the 'upeme Cout in 1+/@ on the case of 6avellana vs. the 'ecretary of 6ustice, if 2 am not
mista.en. Matial la# #as announced on 'eptembe $$, althou(h the poclamation #as dated 'eptembe
$1. The obvious eason fo the dela" in its publication #as that the administation had appehended and
detained pominent ne#smen on 'eptembe $1. 'o that #hen matial la# #as announced on 'eptembe
$$, the media hadl" published an"thin( about it. 2n fact, the media could not publish an" sto" not onl"
because ou main #ites #ee alead" incaceated, but also because those #ho succeeded them in thei
8obs #ee unde motal theat of bein( the ob8ect of #ath of the ulin( pat". The 1+/1 Constitutional
Convention had be(un on Bune 1, 1+/1 and b" 'eptembe $1 o $$ had not finished the ConstitutionI it
had bael" a(eed in the fundamentals of the Constitution. 2 fo(ot to sa" that upon the poclamation of
matial la#, some dele(ates to that 1+/1 Constitutional Convention, do5ens of them, #ee pic.ed up. 6ne
of them #as ou ve" o#n collea(ue, Commissione Caldeon. 'o, the unfinished daft of the Constitution
#as ta.en ove b" epesentatives of MalacaNan(. 2n 1/ da"s, the" finished #hat the dele(ates to the
1+/1 Constitutional Convention had been unable to accomplish fo about 1A months. The daft of the
1+/@ Constitution #as pesented to the Pesident aound 7ecembe 1, 1+/$, #heeupon the Pesident
issued a decee callin( a plebiscite #hich suspended the opeation of some povisions in the matial la#
decee #hich pohibited discussions, much less public discussions of cetain mattes of public concen.
The pupose #as pesumabl" to allo# a fee discussion on the daft of the Constitution on #hich a
plebiscite #as to be held sometime in Banua" 1+/@. 2f 2 ma" use a #od famous b" ou collea(ue,
Commissione 6ple, duin( the intee(num, ho#eve, the daft of the Constitution #as anal"5ed and
citici5ed #ith such a tellin( effect that MalacaNan( felt the dan(e of its appoval. 'o, the Pesident
suspended indefinitel" the holdin( of the plebiscite and announced that he #ould consult the people in a
efeendum to be held fom Banua" 1* to Banua" 1%. But the !uestions to be submitted in the
efeendum #ee not announced until the eve of its scheduled be(innin(, unde the supposed supevision
not of the Commission on Elections, but of #hat #as then desi(nated as )citi5ens assemblies o
%@
baan(a"s.) Thus the baan(a"s came into e3istence. The !uestions to be popounded #ee eleased
#ith poposed ans#es theeto, su((estin( that it #as unnecessa" to hold a plebiscite because the
ans#es (iven in the efeendum should be e(aded as the votes cast in the plebiscite. Theeupon, a
motion #as filed #ith the 'upeme Cout pa"in( that the holdin( of the efeendum be suspended. ;hen
the motion #as bein( head befoe the 'upeme Cout, the Ministe of Bustice deliveed to the Cout a
poclamation of the Pesident declain( that the ne# Constitution #as alead" in foce because the
ove#helmin( ma8oit" of the votes cast in the efeendum favoed the Constitution. 2mmediatel" afte the
depatue of the Ministe of Bustice, 2 poceeded to the session oom #hee the case #as bein( head. 2
then infomed the Cout and the paties the pesidential poclamation declain( that the 1+/@ Constitution
had been atified b" the people and is no# in foce.
A numbe of othe cases #ee filed to declae the pesidential poclamation null and void. The main
defense put up b" the (ovenment #as that the issue #as a political !uestion and that the cout had no
8uisdiction to entetain the case.
3 3 3
The (ovenment said that in a efeendum held fom Banua" 1* to Banua" 1%, the vast ma8oit" atified
the daft of the Constitution. Note that all membes of the 'upeme Cout #ee esidents of Manila, but
none of them had been notified of an" efeendum in thei espective places of esidence, much less did
the" paticipate in the alle(ed efeendum. None of them sa# an" efeendum poceedin(.
2n the Philippines, even local (ossips spead li.e #ild fie. 'o, a ma8oit" of the membes of the Cout felt
that thee had been no efeendum.
'econd, a efeendum cannot substitute fo a plebiscite. T1ere %' $ b%- /%44ere&ce betDee& $
re4ere&/,9 $&/ $ #6eb%'c%te. 0,t $&ot1er -ro,# o4 F,'t%ce' ,#1e6/ t1e /e4e&'e t1$t t1e %'',e D$'
$ #o6%t%c$6 I,e't%o&. :1ere,#o&, t1e2 /%'9%''e/ t1e c$'e. T1%' %' &ot t1e o&62 9$For c$'e %& D1%c1
t1e #6e$ o4 J#o6%t%c$6 I,e't%o&J D$' 'et ,#. T1ere 1$3e bee& $ &,9ber o4 ot1er c$'e' %& t1e #$'t.
3 3 3 T1e /e4e&'e o4 t1e #o6%t%c$6 I,e't%o& D$' reFecte/ bec$,'e t1e %'',e D$' c6e$r62 F,'t%c%$b6e.
3 3 3
3 3 3 ;hen "ou Committee on the Budicia" be(an to pefom its functions, it faced the follo#in(
!uestions0 ;hat is 8udicial po#e4 ;hat is a political !uestion4
The 'upeme Cout, li.e all othe couts, has one main function0 to settle actual contovesies involvin(
conflicts of i(hts #hich ae demandable and enfoceable. Thee ae i(hts #hich ae (uaanteed b" la#
but cannot be enfoced b" a 8udicia" pat". 2n a decided case, a husband complained that his #ife #as
un#illin( to pefom he duties as a #ife. The Cout said0 );e can tell "ou #ife #hat he duties as such
ae and that she is bound to compl" #ith them, but #e cannot foce he ph"sicall" to discha(e he main
maital dut" to he husband. Thee ae some i(hts (uaanteed b" la#, but the" ae so pesonal that to
enfoce them b" actual compulsion #ould be hi(hl" deo(ato" to human di(nit".)
This is #h" the fist pat of the second paa(aph of 'ection 2 povides that0
Budicial po#e includes the dut" of couts to settle actual contovesies involvin( i(hts #hich ae le(all"
demandable o enfoceable . . .
The couts, theefoe, cannot entetain, much less decide, h"pothetical !uestions. & $ #re'%/e&t%$6
'2'te9 o4 -o3er&9e&t, t1e S,#re9e Co,rt 1$', $6'o $&ot1er %9#ort$&t 4,&ct%o&. T1e #oDer' o4
-o3er&9e&t $re -e&er$662 co&'%/ere/ /%3%/e/ %&to t1ree br$&c1e'A t1e Le-%'6$t%3e, t1e EBec,t%3e
%A
$&/ t1e .,/%c%$r2. E$c1 o&e %' ',#re9e D%t1%& %t' oD& '#1ere $&/ %&/e#e&/e&t o4 t1e ot1er'.
0ec$,'e o4 t1$t ',#re9$c2 #oDer to /eter9%&e D1et1er $ -%3e& 6$D %' 3$6%/ or &ot %' 3e'te/ %&
co,rt' o4 F,'t%ce.
0r%e462 't$te/, co,rt' o4 F,'t%ce /eter9%&e t1e 6%9%t' o4 #oDer o4 t1e $-e&c%e' $&/ o44%ce' o4 t1e
-o3er&9e&t $' De66 $' t1o'e o4 %t' o44%cer'. & ot1er Dor/', t1e F,/%c%$r2 %' t1e 4%&$6 $rb%ter o& t1e
I,e't%o& D1et1er or &ot $ br$&c1 o4 -o3er&9e&t or $&2 o4 %t' o44%c%$6' 1$' $cte/ D%t1o,t
F,r%'/%ct%o& or %& eBce'' o4 F,r%'/%ct%o&, or 'o c$#r%c%o,'62 $' to co&'t%t,te $& $b,'e o4 /%'cret%o&
$9o,&t%&- to eBce'' o4 F,r%'/%ct%o& or 6$cE o4 F,r%'/%ct%o&. T1%' %' &ot o&62 $ F,/%c%$6 #oDer b,t $
/,t2 to #$'' F,/-9e&t o& 9$tter' o4 t1%' &$t,re.
T1%' %' t1e b$cE-ro,&/ o4 #$r$-r$#1 2 o4 Sect%o& 1, D1%c1 9e$&' t1$t t1e co,rt' c$&&ot 1ere$4ter
e3$/e t1e /,t2 to 'ett6e 9$tter' o4 t1%' &$t,re, b2 c6$%9%&- t1$t ',c1 9$tter' co&'t%t,te $ #o6%t%c$6
I,e't%o&.
2 have made these e3tended ema.s to the end that the Commissiones ma" have an initial food fo
thou(ht on the sub8ect of the 8udicia".
1*@
>2talics in the oi(inalI emphasis supplied?
7uin( the delibeations of the Constitutional Commission, Chief Bustice Concepcion futhe claified the concept
of 8udicial po#e, thus0
MR. NOLLE"O. T1e Ge&t6e9$& ,'e/ t1e ter9 JF,/%c%$6 #oDerJ b,t F,/%c%$6 #oDer %' &ot 3e'te/ %&
t1e S,#re9e Co,rt $6o&e b,t $6'o %& ot1er 6oDer co,rt' $' 9$2 be cre$te/ b2 6$D.
MR. CONCEPCON. ;e'.
MR. NOLLE"O. !&/ 'o, %' t1%' o&62 $& eB$9#6eG
MR. CONCEPCON. No, E&oD t1%' %' &ot. T1e Ge&t6e9$& 'ee9' to %/e&t%42 #o6%t%c$6 I,e't%o&'
D%t1 F,r%'/%ct%o&$6 I,e't%o&'. 0,t t1ere %' $ /%44ere&ce.
MR. NOLLE"O. 0ec$,'e o4 t1e eB#re''%o& JF,/%c%$6 #oDerJG
MR. CONCEPCON. No. .,/%c%$6 #oDer, $' '$%/, re4er' to or/%&$r2 c$'e' b,t D1ere t1ere %' $
I,e't%o& $' to D1et1er t1e -o3er&9e&t 1$/ $,t1or%t2 or 1$/ $b,'e/ %t' $,t1or%t2 to t1e eBte&t o4
6$cE%&- F,r%'/%ct%o& or eBce'' o4 F,r%'/%ct%o&, t1$t %' &ot $ #o6%t%c$6 I,e't%o&. T1ere4ore, t1e co,rt
1$' t1e /,t2 to /ec%/e.
3 3 3
,R. BERNA'. <ltimatel", theefoe, it #ill al#a"s have to be decided b" the 'upeme Cout accodin( to
the ne# numeical need fo votes.
6n anothe point, %' %t t1e %&te&t%o& o4 Sect%o& 1 to /o $D$2 D%t1 t1e #o6%t%c$6 I,e't%o& /octr%&eG
MR. CONCEPCON. No.
FR. 0ERN!S. t %' &ot.
MR. CONCEPCON. No, bec$,'e D1e&e3er t1ere %' $& $b,'e o4 /%'cret%o&, $9o,&t%&- to $ 6$cE o4
F,r%'/%ct%o&. . .
%%
FR. 0ERN!S. So, $9 '$t%'4%e/ D%t1 t1e $&'Der t1$t %t %' &ot %&te&/e/ to /o $D$2 D%t1 t1e #o6%t%c$6
I,e't%o& /octr%&e.
MR. CONCEPCON. No, cert$%&62 &ot.
:1e& t1%' #ro3%'%o& D$' or%-%&$662 /r$4te/, %t 'o,-1t to /e4%&e D1$t %' F,/%c%$6 #oDer. 0,t t1e
Ge&t6e9$& D%66 &ot%ce %t '$2', JF,/%c%$6 #oDer %&c6,/e'J $&/ t1e re$'o& be%&- t1$t t1e /e4%&%t%o&
t1$t De 9%-1t 9$Ee 9$2 &ot co3er $66 #o''%b6e $re$'.
FR. 0ERN!S. So, t1%' %' &ot $& $tte9#t to 'o63e t1e #rob6e9' $r%'%&- 4ro9 t1e #o6%t%c$6 I,e't%o&
/octr%&e.
MR. CONCEPCON. t /e4%&%te62 /oe' &ot e6%9%&$te t1e 4$ct t1$t tr,62 #o6%t%c$6 I,e't%o&' $re
be2o&/ t1e #$6e o4 F,/%c%$6 #oDer.
1*A
>Emphasis supplied?
,om the foe(oin( ecod of the poceedin(s of the 1+H& Constitutional Commission, it is clea that 8udicial po#e
is not onl" a po#eI it is also a dut", a /,t2 #hich cannot be abdicated b" the mee specte of this ceatue called
the political !uestion doctine. Chief Bustice Concepcion hastened to claif", ho#eve, that 'ection 1, Aticle E222
#as not intended to do a#a" #ith )tul" political !uestions.) ,om this claification it is (atheed that thee ae t#o
species of political !uestions0 >1? )tul" political !uestions) and >$? those #hich )ae not tul" political !uestions.)
Tul" political !uestions ae thus be"ond 8udicial evie#, the eason fo espect of the doctine of sepaation of
po#es to be maintained. 6n the othe hand, b" vitue of 'ection 1, Aticle E222 of the Constitution, couts can
evie# !uestions #hich ae not tul" political in natue.
As pointed out b" amicus cuiae fome dean Pacifico A(abin of the <P Colle(e of =a#, this Cout has in fact in a
numbe of cases ta.en 8uisdiction ove !uestions #hich ae not tul" political follo#in( the effectivit" of the
pesent Constitution.
2n Marcos v. Man)lapus"
1*%
this Cout, spea.in( thou(h Madame Bustice 2ene Cotes, held0
The pesent Constitution limits esot to the political !uestion doctine and boadens the scope of 8udicial
in!ui" into aeas #hich the Cout, unde pevious constitutions, #ould have nomall" left to the political
depatments to decide.
1*&
3 3 3
2n ;en)zon v. 'enate ;lue Ribbon (ommittee"
1*/
thou(h Bustice Teodoo Padilla, this Cout declaed0
The )allocation of constitutional boundaies) is a tas. that this Cout must pefom unde the Constitution.
Moeove, as held in a ecent case, JLtM1e #o6%t%c$6 I,e't%o& /octr%&e &e%t1er %&ter#o'e' $& ob't$c6e
to F,/%c%$6 /eter9%&$t%o& o4 t1e r%3$6 c6$%9'. T1e F,r%'/%ct%o& to /e6%9%t co&'t%t,t%o&$6 bo,&/$r%e'
1$' bee& -%3e& to t1%' Co,rt. t c$&&ot $b/%c$te t1$t ob6%-$t%o& 9$&/$te/ b2 t1e 198)
Co&'t%t,t%o&, $6t1o,-1 '$%/ #ro3%'%o& b2 &o 9e$&' /oe' $D$2 D%t1 t1e $##6%c$b%6%t2 o4 t1e
#r%&c%#6e %& $##ro#r%$te c$'e'.J
1*H
>Emphasis and undescoin( supplied?
And in >aza v. 'in)son"
1*+
spea.in( thou(h Bustice 2sa(ani Cu5, this Cout uled0
2n the case no# befoe us, the 8uisdictional ob8ection becomes even less tenable and decisive. The
eason is that, even if #e #ee to assume that the issue pesented befoe us #as political in natue, #e
#ould still not be pecluded fom esolvin( it unde the eB#$&/e/ 8uisdiction confeed upon us that no#
coves, in pope cases, even the political !uestion.
11*
3 3 3 >Emphasis and undescoin( supplied.?
%&
'ection 1, Aticle E222, of the Cout does not define #hat ae 8usticiable political !uestions and non-8usticiable
political !uestions, ho#eve. 2dentification of these t#o species of political !uestions ma" be poblematic. Thee
has been no clea standad. The Ameican case of ;a+er v. (arr
111
attempts to povide some0
3 3 3 Pominent on the suface of an" case held to involve a political !uestion is found a te3tuall"
demonstable constitutional commitment of the issue to a coodinate political depatmentI o a lac. of
8udiciall" discoveable and mana(eable standads fo esolvin( itI o the impossibilit" of decidin( #ithout
an initial polic" detemination of a .ind cleal" fo non-8udicial discetionI o the impossibilit" of a cout:s
undeta.in( independent esolution #ithout e3pessin( lac. of the espect due coodinate banches of
(ovenmentI o an unusual need fo !uestionin( adheence to a political decision alead" madeI o
thepotentialit" of embaassment fom multifaious ponouncements b" vaious depatments on one
!uestion.
11$
><ndescoin( supplied?
6f these standads, the moe eliable have been the fist thee0 >1? a te3tuall" demonstable constitutional
commitment of the issue to a coodinate political depatmentI >$? the lac. of 8udiciall" discoveable and
mana(eable standads fo esolvin( itI and >@? the impossibilit" of decidin( #ithout an initial polic" detemination
of a .ind cleal" fo non-8udicial discetion. These standads ae not sepaate and distinct concepts but ae
inteelated to each in that the pesence of one sten(thens the conclusion that the othes ae also pesent.
The poblem in appl"in( the foe(oin( standads is that the Ameican concept of 8udicial evie# is adicall"
diffeent fom ou cuent concept, fo 'ection 1, Aticle E222 of the Constitution povides ou couts #ith fa less
discetion in deteminin( #hethe the" should pass upon a constitutional issue.
2n ou 8uisdiction, the detemination of a tul" political !uestion fom a non-8usticiable political !uestion lies in the
ans#e to the !uestion of #hethe thee ae constitutionall" imposed limits on po#es o functions confeed upon
political bodies. 2f thee ae, then ou couts ae dut"-bound to e3amine #hethe the banch o instumentalit" of
the (ovenment popel" acted #ithin such limits. This Cout shall thus no# appl" this standad to the pesent
contoves".
These petitions aise five substantial issues0
2. ;hethe the offenses alle(ed in the 'econd impeachment complaint constitute valid impeachable
offenses unde the Constitution.
22. ;hethe the second impeachment complaint #as filed in accodance #ith 'ection @>A?, Aticle D2 of the
Constitution.
222. ;hethe the le(islative in!ui" b" the 1ouse Committee on Bustice into the Budicial 7evelopment ,und
is an unconstitutional infin(ement of the constitutionall" mandated fiscal autonom" of the 8udicia".
2E. ;hethe 'ections 1% and 1& of Rule E of the Rules on 2mpeachment adopted b" the 1$th Con(ess
ae unconstitutional fo violatin( the povisions of 'ection @, Aticle D2 of the Constitution.
E. ;hethe the second impeachment complaint is baed unde 'ection @>%? of Aticle D2 of the
Constitution.
The fist issue (oes into the meits of the second impeachment complaint ove #hich this Cout has no
8uisdiction. Moe impotantl", an" discussion of this issue #ould e!uie this Cout to ma.e a
detemination of #hat constitutes an impeachable offense. 'uch a detemination is a puel" political
!uestion #hich the Constitution has left to the sound discetion of the le(islation. 'uch an intent is clea
fom the delibeations of the Constitutional Commission.
11@
%/
Althou(h 'ection $ of Aticle D2 of the Constitution enumeates si3 (ounds fo impeachment, t#o of these,
namel", othe hi(h cimes and beta"al of public tust, elude a pecise definition. 2n fact, an e3amination of the
ecods of the 1+H& Constitutional Commission sho#s that the fames could find no bette #a" to appo3imate
the boundaies of beta"al of public tust and othe hi(h cimes than b" alludin( to both positive and ne(ative
e3amples of both, #ithout aivin( at thei clea cut definition o even a standad theefo.
11A
Cleal", the issue calls
upon this cout to decide a non-8usticiable political !uestion #hich is be"ond the scope of its 8udicial po#e unde
'ection 1, Aticle E222.
'is Mota
2t is a #ell-settled ma3im of ad8udication that an issue assailin( the constitutionalit" of a (ovenmental act should
be avoided #heneve possible. Thus, in the case of 'otto v. (ommission on Elections,
11%
this Cout held0
3 3 3 2t is a #ell-established ule that a cout should not pass upon a constitutional !uestion and decide a
la# to be unconstitutional o invalid, unless such !uestion is aised b" the paties and that #hen it is
aised, %4 t1e recor/ $6'o #re'e&t' 'o9e ot1er -ro,&/ ,#o& D1%c1 t1e co,rt 9$2 re't %t' F,/-9e&t,
t1$t co,r'e D%66 be $/o#te/ $&/ t1e co&'t%t,t%o&$6 I,e't%o& D%66 be 6e4t 4or co&'%/er$t%o& ,&t%6 $
c$'e $r%'e' %& D1%c1 $ /ec%'%o& ,#o& ',c1 I,e't%o& D%66 be ,&$3o%/$b6e.
11&
FEmphasis and
undescoin( suppliedG
The same pinciple #as applied in Luz :arms v. 'ecretary of A)rarian Reform,
11/
#hee this Cout invalidated
'ections 1@ and @$ of Republic Act No. &&%/ fo bein( confiscato" and violative of due pocess, to #it0
2t has been established that t1%' Co,rt D%66 $'',9e F,r%'/%ct%o& o3er $ co&'t%t,t%o&$6 I,e't%o& o&62 %4
%t %' '1oD& t1$t t1e e''e&t%$6 reI,%'%te' o4 $ F,/%c%$6 %&I,%r2 %&to ',c1 $ I,e't%o& $re 4%r't '$t%'4%e/.
Thus, thee must be an actual case o contoves" involvin( a conflict of le(al i(hts susceptible of 8udicial
detemination, the constitutional !uestion must have been oppotunel" aised b" the pope pat", and t1e
re'o6,t%o& o4 t1e I,e't%o& %' ,&$3o%/$b62 &ece''$r2 to t1e /ec%'%o& o4 t1e c$'e %t'e64.
11H
FEmphasis
suppliedG
'uccinctl" put, couts #ill not touch the issue of constitutionalit" unless it is tul" unavoidable and is the ve" lis
mota o cru0 of the contoves".
As noted ealie, the instant consolidated petitions, #hile all see.in( the invalidit" of the second impeachment
complaint, collectivel" aise seveal constitutional issues upon #hich the outcome of this contoves" could
possibl" be made to est. 2n deteminin( #hethe one, some o all of the emainin( substantial issues should be
passed upon, this Cout is (uided b" the elated cannon of ad8udication that )the cout should not fom a ule of
constitutional la# boade than is e!uied b" the pecise facts to #hich it is applied.)
11+
2n -.R. No. 1&*@1*, petitiones =eonilo R. Alfonso, et al. a(ue that, amon( othe easons, the second
impeachment complaint is invalid since it diectl" esulted fom a Resolution
1$*
callin( fo a le(islative in!ui" into
the B7,, #hich Resolution and le(islative in!ui" petitiones claim to li.e#ise be unconstitutional fo bein(0 >a? a
violation of the ules and 8uispudence on investi(ations in aid of le(islationI >b? an open beach of the doctine of
sepaation of po#esI >c? a violation of the constitutionall" mandated fiscal autonom" of the 8udicia"I and >d? an
assault on the independence of the 8udicia".
1$1
;ithout (oin( into the meits of petitiones Alfonso, et. al.:s claims, it is the studied opinion of this Cout that the
issue of the constitutionalit" of the said Resolution and esultin( le(islative in!ui" is too fa emoved fom the
issue of the validit" of the second impeachment complaint. Moeove, the esolution of said issue #ould, in the
Cout:s opinion, e!uie it to fom a ule of constitutional la# touchin( on the sepaate and distinct matte of
le(islative in!uiies in (eneal, #hich #ould thus be boade than is e!uied b" the facts of these consolidated
cases. This opinion is futhe sten(thened b" the fact that said petitiones have aised othe (ounds in suppot of
thei petition #hich #ould not be advesel" affected b" the Cout:s ulin(.
%H
En passant" this Cout notes that a standad fo the conduct of le(islative in!uiies has alead" been enunciated
b" this Cout in ;en)zon" 6r. v. 'enate ;lue Ribbon (ommttee"
1$$
vi50
The 1+H/ Constitution e3pessl" eco(ni5es the po#e of both houses of Con(ess to conduct in!uiies in
aid of le(islation. Thus, 'ection $1, Aticle E2 theeof povides0
The 'enate o the 1ouse of Repesentatives o an" of its espective committees ma" conduct in!uiies in
aid of le(islation in accodance #ith its dul" published ules of pocedue. The i(hts of pesons appeain(
in o affected b" such in!uiies shall be espected.
The po#e of both houses of Con(ess to conduct in!uiies in aid of le(islation is not, theefoe absolute
o unlimited. 2ts e3ecise is cicumscibed b" the afoe-!uoted povision of the Constitution. Thus, as
povided theein, the investi(ation must be )in aid of le(islation in accodance #ith its dul" published ules
of pocedue) and that )the i(hts of pesons appeain( in o affected b" such in!uiies shall be
espected.) 2t follo#s then that the i(ht i(hts of pesons unde the Bill of Ri(hts must be espected,
includin( the i(ht to due pocess and the i(ht not be compelled to testif" a(ainst one:s self.
1$@
2n -.R. No. 1&*$&$, intevenos Romulo B. Macalintal and Pete Ouiino Ouada, #hile 8oinin( the oi(inal petition
of petitiones Candelaia, et. al." intoduce the ne# a(ument that since the second impeachment complaint #as
veified and filed onl" b" Repesentatives -ilbeto Teodoo, B. and ,eli3 ;illiam ,uentebella, the same does not
fall unde the povisions of 'ection @ >A?, Aticle D2 of the Constitution #hich eads0
'ection @>A? 2n case the veified complaint o esolution of impeachment is filed b" at least one-thid of all
the Membes of the 1ouse, the same shall constitute the Aticles of 2mpeachment, and tial b" the 'enate
shall foth#ith poceed.
The" asset that #hile at least H1 membes of the 1ouse of Repesentatives si(ned a Resolution of
EndosementL2mpeachment, the same did not satisf" the e!uisites fo the application of the afoe-mentioned
section in that the )veified complaint o esolution of impeachment) #as not filed )b" at least one-thid of all the
Membes of the 1ouse.) ;ith the e3ception of Repesentatives Teodoo and ,uentebella, the si(natoies to said
Resolution ae alle(ed to have veified the same meel" as a )Resolution of Endosement.) 2ntevenos point to
the )Eeification) of the Resolution of Endosement #hich states that0
);e ae the poponentsLsponsos of the Resolution of Endosement of the abovementioned Complaint of
Repesentatives -ilbeto Teodoo and ,eli3 ;illiam B. ,uentebella 3 3 3)
1$A
2ntevenos Macalintal and Ouada futhe claim that #hat the Constitution e!uies in ode fo said second
impeachment complaint to automaticall" become the Aticles of 2mpeachment and fo tial in the 'enate to be(in
)foth#ith,) is that the veified complaint be )filed,) not meel" endosed, b" at least one-thid of the Membes of
the 1ouse of Repesentatives. Not havin( complied #ith this e!uiement, the" concede that the second
impeachment complaint should have been calendaed and efeed to the 1ouse Committee on Bustice unde
'ection @>$?, Aticle D2 of the Constitution, viz0
'ection @>$? A veified complaint fo impeachment ma" be filed b" an" Membe of the 1ouse of
Repesentatives o b" an" citi5en upon a esolution of endosement b" an" Membe theeof, #hich shall
be included in the 6de of Business #ithin ten session da"s, and efeed to the pope Committee #ithin
thee session da"s theeafte. The Committee, afte heain(, and b" a ma8oit" vote of all its Membes,
shall submit its epot to the 1ouse #ithin si3t" session da"s fom such efeal, to(ethe #ith the
coespondin( esolution. The esolution shall be calendaed fo consideation b" the 1ouse #ithin ten
session da"s fom eceipt theeof.
2ntevenos: foe(oin( position is echoed b" Bustice Maambon( #ho opined that fo 'ection @ >A?, Aticle D2 of the
Constitution to appl", thee should be /& o moe epesentatives #ho si(ned and veified the second
impeachment complaint as complainants, si(ned and veified the si(natoies to a esolution of impeachment.
%+
Bustice Maambon( li.e#ise asseted that the Resolution of EndosementL2mpeachment si(ned b" at least one-
thid of the membes of the 1ouse of Repesentatives as endoses is not the esolution of impeachment
contemplated b" the Constitution, such esolution of endosement bein( necessa" onl" fom at least one Membe
#heneve a citi5en files a veified impeachment complaint.
;hile the foe(oin( issue, as a(ued b" intevenos Macalintal and Ouada, does indeed limit the scope of the
constitutional issues to the povisions on impeachment, moe compellin( consideations militate a(ainst its
adoption as the lis mota o cru0 of the pesent contoves". Chief amon( this is the fact that onl" Attone"s
Macalintal and Ouada, intevenos in -.R. No. 1&*$&$, have aised this issue as a (ound fo invalidatin( the
second impeachment complaint. Thus, to adopt this additional (ound as the basis fo decidin( the instant
consolidated petitions #ould not onl" ende fo nau(ht the effots of the oi(inal petitiones in -.R. No. 1&*$&$,
but the effots pesented b" the othe petitiones as #ell.
A(ain, the decision to discad the esolution of this issue as unnecessa" fo the detemination of the instant
cases is made easie b" the fact that said intevenos Macalintal and Ouada have 8oined in the petition of
Candelaia, et. al." adoptin( the latte:s a(uments and issues as thei o#n. Conse!uentl", the" ae not undul"
pe8udiced b" this Cout:s decision.
2n sum, this Cout holds that the t#o emainin( issues, ine3ticabl" lin.ed as the" ae, constitute the ve" lis mota
of the instant contoves"0 >1? #hethe 'ections 1% and 1& of Rule E of the 1ouse 2mpeachment Rules adopted b"
the 1$th Con(ess ae unconstitutional fo violatin( the povisions of 'ection @, Aticle D2 of the ConstitutionI and
>$? #hethe, as a esult theeof, the second impeachment complaint is baed unde 'ection @>%? of Aticle D2 of
the Constitution.
Judicial estraint
'enato Pimentel u(es this Cout to e3ecise 8udicial estaint on the (ound that the 'enate, sittin( as an
impeachment cout, has the sole po#e to t" and decide all cases of impeachment. A(ain, this Cout eiteates
that the po#e of 8udicial evie# includes the po#e of evie# ove 8usticiable issues in impeachment poceedin(s.
6n the othe hand, espondents 'pea.e 7e Eenecia et. al. a(ue that )FtGhee is a moal compulsion fo the Cout
to not assume 8uisdiction ove the impeachment because all the Membes theeof ae sub8ect to
impeachment.)
1$%
But this a(ument is ve" much li.e sa"in( the =e(islatue has a moal compulsion not to pass
la#s #ith penalt" clauses because Membes of the 1ouse of Repesentatives ae sub8ect to them.
The e3ecise of 8udicial estaint ove 8usticiable issues is not an option befoe this Cout. Ad8udication ma" not be
declined, because this Cout is not le(all" dis!ualified. No can 8uisdiction be enounced as thee is no othe
tibunal to #hich the contoves" ma" be efeed.)
1$&
6the#ise, this Cout #ould be shi.in( fom its dut" vested
unde At. E222, 'ec. 1>$? of the Constitution. Moe than bein( clothed #ith authoit" thus, this Cout is dut"-bound
to ta.e co(ni5ance of the instant petitions.
1$/
2n the au(ust #ods of amicus curiae ,athe Benas, )8uisdiction is
not 8ust a po#eI it is a solemn dut" #hich ma" not be enounced. To enounce it, even if it is ve3atious, #ould be
a deeliction of dut".)
Even in cases #hee it is an inteested pat", the Cout unde ou s"stem of (ovenment cannot inhibit itself and
must ule upon the challen(e because no othe office has the authoit" to do so.
1$H
6n the occasion that this Cout
had been an inteested pat" to the contoves" befoe it, it has acted upon the matte )not #ith officiousness but
in the discha(e of an unavoidable dut" and, as al#a"s, #ith detachment and fainess.)
1$+
Afte all, )b" FhisG
appointment to the office, the public has laid on Fa membe of the 8udicia"G thei confidence that FheG is mentall"
and moall" fit to pass upon the meits of thei vaied contentions. ,o this eason, the" e3pect FhimG to be fealess
in FhisG pusuit to ende 8ustice, to be unafaid to displease an" peson, inteest o po#e and to be e!uipped #ith
a moal fibe ston( enou(h to esist the temptations lu.in( in FhisG office.)
1@*
The dut" to e3ecise the po#e of ad8udication e(adless of inteest had alead" been settled in the case ofAbbas
v. 'enate Electoral 8ribunal.
1@1
2n that case, the petitiones filed #ith the espondent 'enate Electoal Tibunal a
&*
Motion fo 7is!ualification o 2nhibition of the 'enatos-Membes theeof fom the heain( and esolution of 'ET
Case No. **$-H/ on the (ound that all of them #ee inteested paties to said case as espondents theein. This
#ould have educed the Tibunal:s membeship to onl" its thee Bustices-Membes #hose dis!ualification #as not
sou(ht, leavin( them to decide the matte. This Cout held0
;hee, as hee, a situation is ceated #hich pecludes the substitution of an" 'enato sittin( in the
Tibunal b" an" of his othe collea(ues in the 'enate #ithout invitin( the same ob8ections to the
substitute:s competence, the poposed mass dis!ualification, if sanctioned and odeed, #ould leave the
Tibunal no altenative but to abandon a dut" that no othe cout o bod" can pefom, but #hich it cannot
la#full" discha(e if shon of the paticipation of its entie membeship of 'enatos.
To ou mind, this is the oveidin( consideation C that the Tibunal be not pevented fom discha(in( a
dut" #hich it alone has the po#e to pefom, the pefomance of #hich is in the hi(hest public inteest as
evidenced b" its bein( e3pessl" imposed b" no less than the fundamental la#.
2t is aptl" noted in the fist of the !uestioned Resolutions that the fames of the Constitution could not
have been una#ae of the possibilit" of an election contest that #ould involve all 'enatosCelect, si3 of
#hom #ould inevitabl" have to sit in 8ud(ment theeon. 2ndeed, such possibilit" mi(ht suface a(ain in the
#a.e of the 1++$ elections #hen once moe, but fo the last time, all $A seats in the 'enate #ill be at
sta.e. Ket the Constitution povides no scheme o mode fo settlin( such unusual situations o fo the
substitution of 'enatos desi(nated to the Tibunal #hose dis!ualification ma" be sou(ht. =iti(ants in
such situations must simpl" place thei tust and hopes of vindication in the fainess and sense of 8ustice
of the Membes of the Tibunal. Bustices and 'enatos, sin(l" and collectivel".
=et us not be misundestood as sa"in( that no 'enato-Membe of the 'enate Electoal Tibunal ma"
inhibit o dis!ualif" himself fom sittin( in 8ud(ment on an" case befoe said Tibunal. Eve" Member of
the Tibunal ma", as his conscience dictates, efain fom paticipatin( in the esolution of a case #hee
he sinceel" feels that his pesonal inteests o biases #ould stand in the #a" of an ob8ective and
impatial 8ud(ment. ;hat #e ae meel" sa"in( is that in the li(ht of the Constitution, the 'enate Electoal
Tibunal cannot le(all" function as such, absent its entie membeship of 'enatos and that no
amendment of its Rules can confe on the thee Bustices-Membes alone the po#e of valid ad8udication
of a senatoial election contest.
Moe ecentl" in the case of Estrada v. >esierto,
1@$
it #as held that0
Moeove, to dis!ualif" an" of the membes of the Cout, paticulal" a ma8oit" of them, is nothin( shot
ofpro tanto depivin( the Cout itself of its 8uisdiction as established b" the fundamental la#.
7is!ualification of a 8ud(e is a depivation of his 8udicial po#e. And if that 8ud(e is the one desi(nated b"
the Constitution to e3ecise the 8uisdiction of his cout, as is the case #ith the Bustices of this Cout, the
depivation of his o thei 8udicial po#e is e!uivalent to the depivation of the 8udicial po#e of the cout
itself. 2t affects the ve" heat of 8udicial independence. The poposed mass dis!ualification, if sanctioned
and odeed, #ould leave the Cout no altenative but to abandon a dut" #hich it cannot la#full"
discha(e if shon of the paticipation of its entie membeship of Bustices.
1@@
>2talics in the oi(inal?
Besides, thee ae specific safe(uads alead" laid do#n b" the Cout #hen it e3ecises its po#e of 8udicial
evie#.
2n >emetria v. Alba"
1@A
this Cout, thou(h Bustice Macelo ,enan cited the )seven pillas) of limitations of the
po#e of 8udicial evie#, enunciated b" <' 'upeme Cout Bustice Bandeis in Ash!ander v. 8VA
1@%
as follo#s0
1. The Cout #ill not pass upon the constitutionalit" of le(islation in a fiendl", non-advesa" poceedin(,
declinin( because to decide such !uestions :is le(itimate onl" in the last esot, and as a necessit" in the
detemination of eal, eanest and vital contoves" bet#een individuals. 2t neve #as the thou(ht that, b"
&1
means of a fiendl" suit, a pat" beaten in the le(islatue could tansfe to the couts an in!ui" as to the
constitutionalit" of the le(islative act.:
$. The Cout #ill not :anticipate a !uestion of constitutional la# in advance of the necessit" of decidin( it.: .
. . :2t is not the habit of the Cout to decide !uestions of a constitutional natue unless absolutel"
necessa" to a decision of the case.:
@. The Cout #ill not :fomulate a ule of constitutional la# boade than is e!uied b" the pecise facts to
#hich it is to be applied.:
A. The Cout #ill not pass upon a constitutional !uestion althou(h popel" pesented b" the ecod, if
thee is also pesent some othe (ound upon #hich the case ma" be disposed of. This ule has found
most vaied application. Thus, if a case can be decided on eithe of t#o (ounds, one involvin( a
constitutional !uestion, the othe a !uestion of statuto" constuction o (eneal la#, the Cout #ill decide
onl" the latte. Appeals fom the hi(hest cout of a state challen(in( its decision of a !uestion unde the
,edeal Constitution ae fe!uentl" dismissed because the 8ud(ment can be sustained on an independent
state (ound.
%. The Cout #ill not pass upon the validit" of a statute upon complaint of one #ho fails to sho# that he is
in8ued b" its opeation. Amon( the man" applications of this ule, none is moe sti.in( than the denial of
the i(ht of challen(e to one #ho lac.s a pesonal o popet" i(ht. Thus, the challen(e b" a public official
inteested onl" in the pefomance of his official dut" #ill not be entetained . . . 2n :airchild v. Gu)hes" the
Cout affimed the dismissal of a suit bou(ht b" a citi5en #ho sou(ht to have the Nineteenth Amendment
declaed unconstitutional. 2n Massachusetts v. Mellon" the challen(e of the fedeal Matenit" Act #as not
entetained althou(h made b" the Common#ealth on behalf of all its citi5ens.
&. The Cout #ill not pass upon the constitutionalit" of a statute at the instance of one #ho has availed
himself of its benefits.
/. ;hen the validit" of an act of the Con(ess is da#n in !uestion, and even if a seious doubt of
constitutionalit" is aised, it is a cadinal pinciple that this Cout #ill fist ascetain #hethe a constuction
of the statute is fail" possible b" #hich the !uestion ma" be avoided >citations omitted?.
The foe(oin( )pillas) of limitation of 8udicial evie#, summai5ed in Ash!ander v. 8VA fom diffeent decisions of
the <nited 'tates 'upeme Cout, can be encapsulated into the follo#in( cate(oies0
1. that thee be absolute necessit" of decidin( a case
$. that ules of constitutional la# shall be fomulated onl" as e!uied b" the facts of the case
@. that 8ud(ment ma" not be sustained on some othe (ound
A. that thee be actual in8u" sustained b" the pat" b" eason of the opeation of the statute
%. that the paties ae not in estoppel
&. that the Cout upholds the pesumption of constitutionalit".
As stated peviousl", paallel (uidelines have been adopted b" this Cout in the e3ecise of 8udicial evie#0
1. actual case o contoves" callin( fo the e3ecise of 8udicial po#e
&$
$. the peson challen(in( the act must have )standin() to challen(eI he must have a pesonal and
substantial inteest in the case such that he has sustained, o #ill sustain, diect in8u" as a esult of its
enfocement
@. the !uestion of constitutionalit" must be aised at the ealiest possible oppotunit"
A. the issue of constitutionalit" must be the ve" lis mota of the case.
1@&
Respondents 'pea.e de Eenecia, et. al. aise anothe a(ument fo 8udicial estaint the possibilit" that )8udicial
evie# of impeachments mi(ht also lead to embaassin( conflicts bet#een the Con(ess and the FBGudicia".)
The" stess the need to avoid the appeaance of impopiet" o conflicts of inteest in 8udicial heain(s, and the
scenaio that it #ould be confusin( and humiliatin( and is. seious political instabilit" at home and aboad if the
8udicia" countemanded the vote of Con(ess to emove an impeachable official.
1@/
2nteveno 'oiano echoes
this a(ument b" alle(in( that failue of this Cout to enfoce its Resolution a(ainst Con(ess #ould esult in the
diminution of its 8udicial authoit" and eode public confidence and faith in the 8udicia".
'uch an a(ument, ho#eve, is specious, to sa" the least. As coectl" stated b" the 'olicito -eneal, the
possibilit" of the occuence of a constitutional cisis is not a eason fo this Cout to efain fom upholdin( the
Constitution in all impeachment cases. Bustices cannot abandon thei constitutional duties 8ust because thei
action ma" stat, if not pecipitate, a cisis.
Bustice ,eliciano #aned a(ainst the dan(es #hen this Cout efuses to act.
3 3 3 ,e!uentl", the fi(ht ove a contovesial le(islative o e3ecutive act is not e(aded as settled until
the 'upeme Cout has passed upon the constitutionalit" of the act involved, the 8ud(ment has not onl"
8uidical effects but also political conse!uences. Those political conse!uences ma" follo# even #hee the
Cout fails to (ant the petitione:s pa"e to nullif" an act fo lac. of the necessa" numbe of votes.
,e!uentl", failue to act e3plicitl", one #a" o the othe, itself constitutes a decision fo the espondent
and validation, o at least !uasi-validation, follo#s.)
1@H
Thus, in 6avellana v. E0ecutive 'ecretary
1@+
#hee this Cout #as split and )in the end thee #ee not enou(h
votes eithe to (ant the petitions, o to sustain espondent:s claims,)
1A*
the pe-e3istin( constitutional ode #as
disupted #hich paved the #a" fo the establishment of the matial la# e(ime.
'uch an a(ument b" espondents and inteveno also pesumes that the coodinate banches of the (ovenment
#ould behave in a la#less manne and not do thei dut" unde the la# to uphold the Constitution and obe" the
la#s of the land. Ket thee is no eason to believe that an" of the banches of (ovenment #ill behave in a
pecipitate manne and is. social upheaval, violence, chaos and anach" b" encoua(in( disespect fo the
fundamental la# of the land.
'ubstitutin( the #od public offices fo 8ud(es, this Cout is #ell (uided b" the doctine in eople v. Veneracion,
to !it0
1A1
6bedience to the ule of la# foms the bedoc. of ou s"stem of 8ustice. 2f Fpublic officesG, unde the (uise
of eli(ious o political beliefs #ee allo#ed to oam unesticted be"ond boundaies #ithin #hich the" ae
e!uied b" la# to e3ecise the duties of thei office, then la# becomes meanin(less. A (ovenment of
la#s, not of men e3cludes the e3ecise of boad discetiona" po#es b" those actin( unde its authoit".
<nde this s"stem, Fpublic officesG ae (uided b" the Rule of =a#, and ou(ht )to potect and enfoce it
#ithout fea o favo,) esist encoachments b" (ovenments, political paties, o even the intefeence of
thei o#n pesonal beliefs.
1A$
&@
Constitutionalit% of the ules of Procedure
for Impeachment Proceedings
adopted &% the ()th Congress
Respondent 1ouse of Repesentatives, thou(h 'pea.e 7e Eenecia, a(ues that 'ections 1& and 1/ of Rule E
of the 1ouse 2mpeachment Rules do not violate 'ection @ >%? of Aticle D2 of ou pesent Constitution, contendin(
that the tem )initiate) does not mean )to fileI) that 'ection @ >1? is clea in that it is the 1ouse of Repesentatives,
as a collective bod", #hich has the e3clusive po#e to initiate all cases of impeachmentI that initiate could not
possibl" mean )to file) because filin( can, as 'ection @ >$?, Aticle D2 of the Constitution povides, onl" be
accomplished in @ #a"s, to #it0 >1? b" a veified complaint fo impeachment b" an" membe of the 1ouse of
RepesentativesI o >$? b" an" citi5en upon a esolution of endosement b" an" membeI o >@? b" at least 1L@ of
all the membes of the 1ouse. Respondent 1ouse of Repesentatives concludes that the one "ea ba pohibitin(
the initiation of impeachment poceedin(s a(ainst the same officials could not have been violated as the
impeachment complaint a(ainst Chief Bustice 7avide and seven Associate Bustices had not been initiated as the
1ouse of Repesentatives, actin( as the collective bod", has "et to act on it.
The esolution of this issue thus hin(es on the intepetation of the tem )initiate.) Resot to statuto" constuction
is, theefoe, in ode.
That the sponso of the povision of 'ection @>%? of the Constitution, Commissione ,loen5 Re(alado, #ho
eventuall" became an Associate Bustice of this Cout, a(eed on the meanin( of )initiate) as )to file,) as poffeed
and e3plained b" Constitutional Commissione Maambon( duin( the Constitutional Commission poceedin(s,
#hich he >Commissione Re(alado? as amicus curiae affimed duin( the oal a(uments on the instant petitions
held on Novembe %, $**@ at #hich he added that the act of )initiatin() included the act of ta.in( initial action on
the complaint, dissipates an" doubt that indeed the #od )initiate) as it t#ice appeas in Aticle D2 >@? and >%? of
the Constitution means to file the complaint and ta.e initial action on it.
)2nitiate) of couse is undestood b" odina" men to mean, as dictionaies do, to be(in, to commence, o set
(oin(. As ;ebste:s Thid Ne# 2ntenational 7ictiona" of the En(lish =an(ua(e concisel" puts it, it means )to
pefom o facilitate the fist action,) #hich 8ibes #ith Bustice Re(alado:s position, and that of ,athe Benas, #ho
elucidated duin( the oal a(uments of the instant petitions on Novembe %, $**@ in this #ise0
Biefl" then, an impeachment poceedin( is not a sin(le act. 2t is a comle3us of acts consistin( of a
be(innin(, a middle and an end. The end is the tansmittal of the aticles of impeachment to the 'enate.
The middle consists of those delibeative moments leadin( to the fomulation of the aticles of
impeachment. The be(innin( o the initiation is the filin( of the complaint and its efeal to the Committee
on Bustice.
,inall", it should be noted that the 1ouse Rule elied upon b" Repesentatives Co8uan(co and
,uentebella sa"s that impeachment is )/ee9e/ %&%t%$te/) #hen the Bustice Committee votes in favo of
impeachment o #hen the 1ouse eveses a conta" vote of the Committee. Note that the Rule does not
sa" )impeachment poceedin(s) ae initiated but athe ae )deemed initiated.) The lan(ua(e is
eco(nition that initiation happened ealie, but b" le(al fiction thee is an attempt to postpone it to a time
afte actual initiation. >Emphasis and undescoin( supplied?
As stated ealie, one of the means of intepetin( the Constitution is loo.in( into the intent of the la#. ,otunatel",
the intent of the fames of the 1+H/ Constitution can be pied fom its ecods0
MR. MAAMB6N-. ;ith efeence to 'ection @, e(adin( the pocedue and the substantive povisions
on impeachment, 2 undestand thee have been man" poposals and, 2 thin., these #ould need some time
fo Committee action.
1o#eve, 2 #ould 8ust li.e to indicate that 2 submitted to the Committee a esolution on impeachment
poceedin(s, copies of #hich have been funished the Membes of this bod". This is bone out of m"
&A
e3peience as a membe of the Committee on Bustice, 1uman Ri(hts and -ood -ovenment #hich too.
cha(e of the last impeachment esolution filed befoe the ,ist Batasan( Pambansa. For t1e
%&4or9$t%o& o4 t1e Co99%ttee, t1e re'o6,t%o& co3er' 'e3er$6 'te#' %& t1e %9#e$c19e&t
#rocee/%&-' 't$rt%&- D%t1 %&%t%$t%o&, $ct%o& o4 t1e S#e$Eer co99%ttee $ct%o&, c$6e&/$r%&- o4 re#ort,
3ot%&- o& t1e re#ort, tr$&'9%tt$6 re4err$6 to t1e Se&$te, tr%$6 $&/ F,/-9e&t b2 t1e Se&$te.
3 3 3
MR. MAAMB6N-. M. Pesidin( 6ffice, 2 am not movin( fo a econsideation of the appoval of the
amendment submitted b" Commissione Re(alado, but 2 #ill 8ust ma.e of ecod m" thin.in( that #e do
not eall" initiate the filin( of the Aticles of 2mpeachment on the floo. T1e #roce/,re, $' 1$3e #o%&te/
o,t e$r6%er, D$' t1$t t1e %&%t%$t%o& 't$rt' D%t1 t1e 4%6%&- o4 t1e co9#6$%&t. !&/ D1$t %' $ct,$662 /o&e
o& t1e 46oor %' t1$t t1e co99%ttee re'o6,t%o& co&t$%&%&- t1e !rt%c6e' o4 9#e$c19e&t %' t1e o&e
$##ro3e/ b2 t1e bo/2.
As the phaseolo(" no# uns, #hich ma" be coected b" the Committee on 't"le, it appeas that the
initiation stats on the floo. 2f #e onl" have time, 2 could cite e3amples in the case of the impeachment
poceedin(s of Pesident Richad Ni3on #heein the Committee on the Budicia" submitted the
ecommendation, the esolution, and the Aticles of 2mpeachment to the bod", and it #as the bod" #ho
appoved the esolution. t %' &ot t1e bo/2 D1%c1 %&%t%$te' %t. t o&62 $##ro3e' or /%'$##ro3e' t1e
re'o6,t%o&. 'o, on that scoe, pobabl" the Committee on 't"le could help in eaan(in( these #ods
because #e have to be ve" technical about this. 2 have been bin(in( #ith me 8he Rules of the Gouse of
Representatives of the <.'. Con(ess. The 'enate Rules ae #ith me. The poceedin(s on the case of
Richad Ni3on ae #ith me. 2 have submitted m" poposal, but the Committee has alead" decided.
Nevetheless, 2 8ust #ant to indicate this on ecod.
3 3 3
MR. MAAMB6N-. 2 #ould 8ust li.e to move fo a econsideation of the appoval of 'ection @ >@?. M"
econsideation #ill not at all affect the substance, but it is onl" in .eepin( #ith the e3act fomulation of
the Rules of the 1ouse of Repesentatives of the <nited 'tates e(adin( impeachment.
2 am poposin(, Madam Pesident, #ithout doin( dama(e to an" of this povision, that on pa(e $, 'ection
@ >@?, fom lines 1/ to 1H, De /e6ete t1e Dor/' D1%c1 re$/A Jto %&%t%$te %9#e$c19e&t
#rocee/%&-'J and the comma >,? and inset on line 1+ afte the #od )esolution) the phase ;2T1 T1E
ART2C=E', and then capitali5e the lette )i) in )impeachment) and eplace the #od )b") #ith 6,, so that
the #hole section #ill no# ead0 )A vote of at least one-thid of all the Membes of the 1ouse shall be
necessa" eithe to affim a esolution ;2T1 T1E ART2C=E' of 2mpeachment 6, the Committee o to
oveide its conta" esolution. The vote of each Membe shall be ecoded.)
$6re$/2 9e&t%o&e/ e$r6%er 2e'ter/$2 t1$t t1e %&%t%$t%o&, as fa as the 1ouse of Repesentatives of the
<nited 'tates is concened, re$662 't$rt' 4ro9 t1e 4%6%&- o4 t1e 3er%4%e/ co9#6$%&t and eve" esolution
to impeach al#a"s caies #ith it the Aticles of 2mpeachment. As a matte of fact, the #ods )Aticles of
2mpeachment) ae mentioned on line $% in the case of the diect filin( of a veified compliant of one-thid
of all the Membes of the 1ouse. 2 #ill mention a(ain, Madam Pesident, that m" amendment #ill not va"
the substance in an" #a". 2t is onl" in .eepin( #ith the unifom pocedue of the 1ouse of
Repesentatives of the <nited 'tates Con(ess. Than. "ou, Madam Pesident.
1A@
>2talics in the oi(inalI
emphasis and udnescoin( supplied?
This amendment poposed b" Commissione Maambon( #as claified and accepted b" the Committee on the
Accountabilit" of Public 6ffices.
1AA
2t is thus clea that the fames intended )initiation) to stat #ith the filin( of the complaint. 2n his amicus
curiaebief, Commissione Maambon( e3plained that )the obvious eason in deletin( the phase )to %&%t%$te
&%
%9#e$c19e&t #rocee/%&-') as contained in the te3t of the povision of 'ection @ >@? #as to 'ett6e $&/ 9$Ee %t
,&/er'too/ o&ce $&/ 4or $66 t1$t t1e %&%t%$t%o& o4 %9#e$c19e&t #rocee/%&-' 't$rt' D%t1 t1e 4%6%&- o4 t1e
co9#6$%&t, and the vote of one-thid of the 1ouse in a esolution of impeachment /oe' &ot %&%t%$te the
impeachment poceedin(s D1%c1 D$' $6re$/2 %&%t%$te/ b2 t1e 4%6%&- o4 $ 3er%4%e/ co9#6$%&t ,&/er Sect%o& 3,
#$r$-r$#1 L2M, !rt%c6e < o4 t1e Co&'t%t,t%o&.)
1A%
Amicus curiae Constitutional Commissione Re(alado is of the same vie# as is ,athe Benas, #ho #as also a
membe of the 1+H& Constitutional Commission, that the #od )initiate) as used in Aticle D2, 'ection @>%? means
to file, both addin(, ho#eve, that the filin( must be accompanied b" an action to set the complaint movin(.
7uin( the oal a(uments befoe this Cout, ,athe Benas claified that the #od )initiate,) appeain( in the
constitutional povision on impeachment, viz0
'ection @ >1? The 1ouse of Repesentatives shall have the e3clusive po#e to initiate all cases of
impeachment.
3 3 3
>%? No impeachment poceedin(s shall be initiated a(ainst the same official moe than once #ithin a
peiod of one "ea, >Emphasis supplied?
efes to t#o ob8ects, )impeachment case) and )impeachment poceedin(.)
,athe Benas e3plains that in these t#o povisions, the common veb is )to initiate.) The ob8ect in the fist
sentence is )impeachment case.) The ob8ect in the second sentence is )impeachment poceedin(.) ,ollo#in( the
pinciple of reddendo sin)uala sinuilis, the tem )cases) must be distin(uished fom the tem )poceedin(s.) An
impeachment case is the le(al contoves" that must be decided b" the 'enate. Above-!uoted fist povision
povides that the 1ouse, b" a vote of one-thid of all its membes, can bin( a case to the 'enate. 2t is in that
sense that the 1ouse has )e3clusive po#e) to initiate all cases of impeachment. No othe bod" can do it.
1o#eve, befoe a decision is made to initiate a case in the 'enate, a )poceedin() must be follo#ed to aive at a
conclusion. A poceedin( must be )initiated.) To initiate, #hich comes fom the =atin #od initium, means to be(in.
6n the othe hand, poceedin( is a po(essive noun. 2t has a be(innin(, a middle, and an end. 2t ta.es place not
in the 'enate but in the 1ouse and consists of seveal steps0 >1? thee is the filin( of a veified complaint eithe b"
a Membe of the 1ouse of Repesentatives o b" a pivate citi5en endosed b" a Membe of the 1ouse of the
RepesentativesI >$? thee is the pocessin( of this complaint b" the pope Committee #hich ma" eithe e8ect the
complaint o uphold itI >@? #hethe the esolution of the Committee e8ects o upholds the complaint, the esolution
must be fo#aded to the 1ouse fo futhe pocessin(I and >A? thee is the pocessin( of the same complaint b"
the 1ouse of Repesentatives #hich eithe affims a favoable esolution of the Committee o oveides a conta"
esolution b" a vote of one-thid of all the membes. 2f at least one thid of all the Membes upholds the complaint,
Aticles of 2mpeachment ae pepaed and tansmitted to the 'enate. 2t is at this point that the 1ouse )initiates an
impeachment c$'e.) 2t is at this point that an impeachable public official is successfull" impeached. That is, he o
she is successfull" cha(ed #ith an impeachment )case) befoe the 'enate as impeachment cout.
,athe Benas futhe e3plains0 The )impeachment poceedin() is not initiated #hen the complaint is tansmitted
to the 'enate fo tial because that is the end of the 1ouse poceedin( and the be(innin( of anothe poceedin(,
namel" the tial. Neithe is the )impeachment poceedin() initiated #hen the 1ouse delibeates on the esolution
passed on to it b" the Committee, because somethin( pio to that has alead" been done. The action of the
1ouse is alead" a futhe step in the poceedin(, not its initiation o be(innin(. Rathe, the poceedin( is initiated
o be(ins, #hen a veified complaint is filed and efeed to the Committee on Bustice fo action. This is the
initiatin( step #hich ti((es the seies of steps that follo#.
The fames of the Constitution also undestood initiation in its odina" meanin(. Thus #hen a poposal eached
the floo poposin( that )A vote of at least one-thid of all the Membes of the 1ouse shall be necessa"P
toinitiate impeachment proceedin)s,) this #as met b" a poposal to delete the line on the (ound that the vote of
&&
the 1ouse does not initiate impeachment poceedin( but athe the filin( of a complaint does.
1A&
Thus the line #as
deleted and is not found in the pesent Constitution.
,athe Benas concludes that #hen 'ection @ >%? sa"s, )No impeachment poceedin( shall be initiated a(ainst the
same official moe than once #ithin a peiod of one "ea,) it means that no second veified complaint ma" be
accepted and efeed to the Committee on Bustice fo action. B" his e3planation, this intepetation is founded on
the common undestandin( of the meanin( of )to initiate) #hich means to be(in. 1e eminds that the Constitution
is atified b" the people, both odina" and sophisticated, as the" undestand itI and that odina" people ead
odina" meanin( into odina" #ods and not abstuse meanin(, the" atif" #ods as the" undestand it and not
as sophisticated la#"es confuse it.
To the a(ument that onl" the 1ouse of Repesentatives as a bod" can initiate impeachment poceedin(s
because 'ection @ >1? sa"s )The 1ouse of Repesentatives shall have the e3clusive po#e to initiate all cases of
impeachment,) This is a miseadin( of said povision and is conta" to the pinciple of reddendo sin)ula
sin)ulis b" e!uatin( )impeachment cases) #ith )impeachment poceedin(.)
,om the ecods of the Constitutional Commission, to the amicus curiae biefs of t#o fome Constitutional
Commissiones, it is #ithout a doubt that the tem )to initiate) efes to the filin( of the impeachment complaint
coupled #ith Con(ess: ta.in( initial action of said complaint.
1avin( concluded that the initiation ta.es place b" the act of filin( and efeal o endosement of the
impeachment complaint to the 1ouse Committee on Bustice o, b" the filin( b" at least one-thid of the membes
of the 1ouse of Repesentatives #ith the 'eceta" -eneal of the 1ouse, the meanin( of 'ection @ >%? of Aticle
D2 becomes clea. 6nce an impeachment complaint has been initiated, anothe impeachment complaint ma" not
be filed a(ainst the same official #ithin a one "ea peiod.
<nde 'ections 1& and 1/ of Rule E of the 1ouse 2mpeachment Rules, impeachment poceedin(s ae deemed
initiated >1? if thee is a findin( b" the 1ouse Committee on Bustice that the veified complaint andLo esolution is
sufficient in substance, o >$? once the 1ouse itself affims o ovetuns the findin( of the Committee on Bustice
that the veified complaint andLo esolution is not sufficient in substance o >@? b" the filin( o endosement befoe
the 'eceta"--eneal of the 1ouse of Repesentatives of a veified complaint o a esolution of impeachment b"
at least 1L@ of the membes of the 1ouse. These ules cleal" contavene 'ection @ >%? of Aticle D2 since the ules
(ive the tem )initiate) a meanin( diffeent meanin( fom filin( and efeal.
2n his amicus cuiae bief, Bustice 1u(o -utiee5 posits that this Cout could not use contempoaneous
constuction as an aid in the intepetation of 'ec.@ >%? of Aticle D2, citin( Vera v. Avelino
1A/
#heein this Cout
stated that )thei pesonal opinions >efein( to Bustices #ho #ee dele(ates to the Constitution Convention? on
the matte at issue e3pessed duin( this Cout:s ou delibeations stand on a diffeent footin( fom the popel"
ecoded utteances of debates and poceedin(s.) ,uthe citin( said case, he states that this Cout li.ened the
fome membes of the Constitutional Convention to actos #ho ae so absobed in thei emotional oles that
intelli(ent spectatos ma" .no# moe about the eal meanin( because of the latte:s balanced pespectives and
disinteestedness.
1AH
Bustice -utiee5:s statements have no application in the pesent petitions. Thee ae at pesent onl" t#o
membes of this Cout #ho paticipated in the 1+H& Constitutional Commission M Chief Bustice 7avide and Bustice
Adolf A5cuna. Chief Bustice 7avide has not ta.en pat in these poceedin(s fo obvious easons. Moeove, this
Cout has not simpl" elied on the pesonal opinions no# (iven b" membes of the Constitutional Commission, but
has e3amined the ecods of the delibeations and poceedin(s theeof.
Respondent 1ouse of Repesentatives countes that unde 'ection @ >H? of Aticle D2, it is clea and une!uivocal
that it and onl" it has the po#e to ma.e and intepet its ules (ovenin( impeachment. 2ts a(ument is pemised
on the assumption that Con(ess has absolute po#e to pomul(ate its ules. This assumption, ho#eve, is
misplaced.
&/
'ection @ >H? of Aticle D2 povides that )The Con(ess shall pomul(ate its ules on impeachment to effectivel"
ca" out the pupose of this section.) Cleal", its po#e to pomul(ate its ules on impeachment is limited b" the
phase )to effectivel" ca" out the pupose of this section.) 1ence, these ules cannot contavene the ve"
pupose of the Constitution #hich said ules #ee intended to effectivel" ca" out. Moeove, 'ection @ of Aticle
D2 cleal" povides fo othe specific limitations on its po#e to ma.e ules, viz0
'ection @. >1? 3 3 3
>$? A veified complaint fo impeachment ma" be filed b" an" Membe of the 1ouse of Repesentatives o
b" an" citi5en upon a esolution of endosement b" an" Membe theeof, #hich shall be included in the
6de of Business #ithin ten session da"s, and efeed to the pope Committee #ithin thee session
da"s theeafte. The Committee, afte heain(, and b" a ma8oit" vote of all its Membes, shall submit its
epot to the 1ouse #ithin si3t" session da"s fom such efeal, to(ethe #ith the coespondin(
esolution. The esolution shall be calendaed fo consideation b" the 1ouse #ithin ten session da"s
fom eceipt theeof.
>@? A vote of at least one-thid of all the Membes of the 1ouse shall be necessa" to eithe affim a
favoable esolution #ith the Aticles of 2mpeachment of the Committee, o oveide its conta" esolution.
The vote of each Membe shall be ecoded.
>A? 2n case the veified complaint o esolution of impeachment is filed b" at least one-thid of all the
Membes of the 1ouse, the same shall constitute the Aticles of 2mpeachment, and tial b" the 'enate
shall foth#ith poceed.
>%? No impeachment poceedin(s shall be initiated a(ainst the same official moe than once #ithin a
peiod of one "ea.
2t is basic that all ules must not contavene the Constitution #hich is the fundamental la#. 2f as alle(ed Con(ess
had absolute ule ma.in( po#e, then it #ould b" necessa" implication have the po#e to alte o amend the
meanin( of the Constitution #ithout need of efeendum.
2n 5sme7a v. endatun,
1A+
this Cout held that it is #ithin the povince of eithe 1ouse of Con(ess to intepet its
ules and that it #as the best 8ud(e of #hat constituted )disodel" behavio) of its membes. 1o#eve, inaceta
v. 'ecretary of the (ommission on Appointments,
1%*
Bustice >late Chief Bustice? Eni!ue ,enando, spea.in( fo
this Cout and !uotin( Bustice Bandeis in .nited 'tates v. 'mith,
1%1
declaed that #hee the constuction to be
(iven to a ule affects pesons othe than membes of the =e(islatue, the !uestion becomes 8udicial in natue.
2n Arroyo v. >e Venecia,
1%$
!uotin( .nited 'tates v. ;allin" 6oseph E (o."
1%@
Bustice Eicente Mendo5a, spea.in(
fo this Cout, held that #hile the Constitution empo#es each house to detemine its ules of poceedin(s, it ma"
not b" its ules i(noe constitutional estaints o violate fundamental i(hts, and futhe that thee should be a
easonable elation bet#een the mode o method of poceedin( established b" the ule and the esult #hich is
sou(ht to be attained. 2t is onl" #ithin these limitations that all mattes of method ae open to the detemination of
the =e(islatue. 2n the same case of Arroyo v. >e Venecia, Bustice Re"nato '. Puno, in his Concuin( and
7issentin( 6pinion, #as even moe emphatic as he stessed that in the Philippine settin( thee is even moe
eason fo couts to in!uie into the validit" of the Rules of Con(ess, viz0
:%t1 /,e re'#ect, /o &ot $-ree t1$t t1e %'',e' #o'e/ b2 t1e #et%t%o&er $re &o&-F,'t%c%$b6e. Nor /o
$-ree t1$t De D%66 tr%3%$6%5e t1e #r%&c%#6e o4 'e#$r$t%o& o4 #oDer %4 De $'',9e F,r%'/%ct%o& o3er 1e
c$'e $t b$r. Even in the <nited 'tates, the pinciple of sepaation of po#e is no lon(e an impe(nable
impediment a(ainst the inteposition of 8udicial po#e on cases involvin( beach of ules of pocedue b"
le(islatos.
Ri(htl", the ponencia uses the 1H+1 case of .' v ;allin >1AA <' 1? as a #indo# to vie# the issues befoe
the Cout. 2t is in ;allin #hee the <' 'upeme Cout fist defined the boundaies of the po#e of the
8udicia" to evie# con(essional ules. 2t held0
&H
)3 3 3
)The Constitution, in the same section, povides, that each house ma" detemine the ules of its
poceedin(s.) 2t appeas that in pusuance of this authoit" the 1ouse had, pio to that da", passed this
as one of its ules0
R,6e <7
@. 6n the demand of an" membe, o at the su((estion of the 'pea.e, the names of membes sufficient
to ma.e a !uoum in the hall of the 1ouse #ho do not vote shall be noted b" the cle. and ecoded in the
8ounal, and epoted to the 'pea.e #ith the names of the membes votin(, and be counted and
announced in deteminin( the pesence of a !uoum to do business. >1ouse Bounal, $@*, ,eb. 1A, 1H+*?
The action ta.en #as in diect compliance #ith this ule. T1e I,e't%o&, t1ere4ore, %' $' to t1e!alidit% of
this rule, and not #hat methods the 'pea.e ma" of his o#n motion esot to fo deteminin( the
pesence of a !uoum, no #hat mattes the 'pea.e o cle. ma" of thei o#n volition place upon the
8ounal. Neithe do the advanta(es o disadvanta(es, the #isdom o foll", of such a ule pesent an"
mattes fo 8udicial consideation. Hith the courts the 2uestion is only one of po!er. *he Constitution
empo"ers each house to determine its rules of proceedings. It ma% not &% its rules ignore
constitutional restraints or !iolate fundamental rights, and there should &e a reasona&le relation
&et"een the mode or method of proceedings esta&lished &% the rule and the result "hich is
sought to &e attained. But #ithin these limitations all matters of method ae open to the detemination of
the 1ouse, and it is no impeachment of the ule to sa" that some othe #a" #ould be bette, moe
accuate, o even moe 8ust. 2t is no ob8ection to the validit" of a ule that a diffeent one has been
pescibed and in foce fo a len(th of time. The po#e to ma.e ules is not one #hich once e3ecised is
e3hausted. 2t is a continuous po#e, al#a"s sub8ect to be e3ecised b" the 1ouse, and #ithin the
limitations su((ested, absolute and be"ond the challen(e of an" othe bod" o tibunal.)
Ballin, c6e$r62 co&4%r9e/ t1e F,r%'/%ct%o& o4 co,rt' to #$'' ,#o& t1e 3$6%/%t2 o4 co&-re''%o&$6 r,6e',
%.e, D1et1er t1e2 $re co&'t%t,t%o&$6. Rule DE #as e3amined b" the Cout and it #as found to satisf" the
test0 >1? that it did not i(noe an" constitutional estaintI >$? it did not violate an" fundamental i(htI and
>@? its method had a easonable elationship #ith the esult sou(ht to be attained. B" e3aminin( Rule DE,
the Cout did not allo# its 8uisdiction to be defeated b" the mee invocation of the pinciple of sepaation
of po#es.
1%A
3 3 3
& t1e Philippine setting, t1ere %' $ more compelling reason 4or co,rt' to c$te-or%c$662 reFect t1e
#o6%t%c$6 I,e't%o& /e4e&'e D1e& %t' %&ter#o'%t%o& D%66 co3er ,# $b,'e o4 #oDer. For 'ect%o& 1,
!rt%c6e 7 o4 o,r Co&'t%t,t%o& D$' intentionall% cobb6e/ to e9#oDer co,rt' JB B B to /eter9%&e
D1et1er or &ot t1ere 1$' bee& $ -r$3e $b,'e o4 /%'cret%o& $9o,&t%&- to 6$cE or eBce'' o4
F,r%'/%ct%o& o& t1e #$rt o4 $&2 br$&c1 or %&'tr,9e&t$6%t2 o4 t1e -o3er&9e&t.JThis po#e is ne# and
#as not (anted to ou couts in the 1+@% and 1+/$ Constitutions. t D$' &ot $6'o BeroBe/ 4ro9 t1e US
Co&'t%t,t%o& or $&2 4ore%-& 't$te co&'t%t,t%o&. T1e CONCOM -r$&te/ t1%' e&or9o,' #oDer to o,r
co,rt' %& 3%eD o4 o,r eB#er%e&ce ,&/er 9$rt%$6 6$D D1ere $b,'%3e eBerc%'e' o4 't$te #oDer Dere
'1%e6/e/ 4ro9 F,/%c%$6 'cr,t%&2 b2 t1e 9%','e o4 t1e #o6%t%c$6 I,e't%o& /octr%&e. =ed b" the eminent
fome Chief Bustice Robeto Concepcion, the C6NC6M e3panded and shapened the chec.in( po#es
of the 8udicia" vis-Q-vis the E3ecutive and the =e(islative depatments of (ovenment.
1%%
3 3 3
8he (onstitution cannot be any clearer. +hat it granted to this Court is not a mere po"er "hich it
can decline to e,ercise. Precisel% to deter this disinclination, the Constitution imposed it as a
dut% of this Court to stri-e do"n an% act of a &ranch or instrumentalit% of go!ernment or an% of its
&+
officials done "ith gra!e a&use of discretion amounting to lac- or e,cess of .urisdiction. Ri)htly or
!ron)ly" the (onstitution has elon)ated the chec+in) po!ers of this (ourt a)ainst the other branches of
)overnment despite their more democratic character" the resident and the le)islators bein) elected by
the people.
1%&
3 3 3
The povision definin( 8udicial po#e as includin( the :dut" of the couts of 8ustice. . . to detemine #hethe
o not thee has been a (ave abuse of discetion amountin( to lac. o e3cess of 8uisdiction on the pat of
an" banch o instumentalit" of the -ovenment: constitutes the capstone of the effots of the
Constitutional Commission to up(ade the po#es of this cout vis-Q-vis the othe banches of
(ovenment. This povision #as dictated b" ou e3peience unde matial la# #hich tau(ht us that a
ston(e and moe independent 8udicia" is needed to abot abuses in (ovenment. 3 3 3
3 3 3
2n sum, 2 submit that in imposin( to this Cout the dut" to annul acts of (ovenment committed #ith (ave
abuse of discetion, the ne# Constitution tansfomed this Cout fom passivit" to activism. This
tansfomation, dictated b" ou distinct e3peience as nation, is not meel" evolutiona" but
evolutiona"..nder the 3<A% and the 3<$A (onstitutions" this (ourt approached constitutional violations
by initially determinin) !hat it cannot do1 under the (/01 Constitution, there is a shift in stress 2 this
Court is mandated to approach constitutional !iolations not &% finding out "hat it should not do
&ut "hat it must do. The Cout must discha(e this solemn dut" b" not esuscitatin( a past that petifies
the pesent.
2 u(e m" bethen in the Cout to (ive due and seious consideation to this ne# constitutional povision
as the case at ba once moe calls us to define the paametes of ou po#e to evie# violations of the
ules of the 1ouse. :e D%66 &ot be tr,e to o,r tr,'t $' t1e 6$'t b,6D$rE $-$%&'t -o3er&9e&t $b,'e' %4
De re4,'e to eBerc%'e t1%' &eD #oDer or %4 De D%e6/ %t D%t1 t%9%/%t2. To be ',re, %t %' t1%' eBcee/%&-
t%9%/%t2 to ,&'1e$t1e t1e F,/%c%$6 'Dor/ t1$t 1$' %&cre$'%&-62 e9bo6/e&e/ ot1er br$&c1e' o4
-o3er&9e&t to /e&%-r$te, %4 &ot /e42, or/er' o4 o,r co,rt'. 2n 8olentino, 2 endosed the vie# of fome
'enato 'alon(a that this novel povision stetchin( the latitude of 8udicial po#e is distinctl" ,ilipino and
its intepetation should not be depeciated b" undue eliance on inapplicable foei(n 8uispudence. 2n
esolvin( the case at ba, the lessons of ou o#n histo" should povide us the li(ht and not the
e3peience of foei(nes.
1%/
>2talics in the oi(inal emphasis and undescoin( supplied?
Thus, the ulin( in 5smena v. endatun is not applicable to the instant petitions. 1ee, the thid paties alle(in(
the violation of pivate i(hts and the Constitution ae involved.
Neithe ma" espondent 1ouse of Repesentatives: el" on Ni0on v. .'
1%H
as basis fo a(uin( that this Cout ma"
not decide on the constitutionalit" of 'ections 1& and 1/ of the 1ouse 2mpeachment Rules. As alead" obseved,
the <.'. ,edeal Constitution simpl" povides that )the 1ouse of Repesentatives shall have the sole po#e of
impeachment.) 2t adds nothin( moe. 2t (ives no clue #hatsoeve as to ho# this )sole po#e) is to be e3ecised.
No limitation #hatsoeve is (iven. Thus, the <' 'upeme Cout concluded that thee #as a te3tuall"
demonstable constitutional commitment of a constitutional po#e to the 1ouse of Repesentatives. This
easonin( does not hold #ith e(ad to impeachment po#e of the Philippine 1ouse of Repesentatives since ou
Constitution, as ealie enumeated, funishes seveal povisions aticulatin( ho# that )e3clusive po#e) is to be
e3ecised.
The povisions of 'ections 1& and 1/ of Rule E of the 1ouse 2mpeachment Rules #hich state that impeachment
poceedin(s ae deemed initiated >1? if thee is a findin( b" the 1ouse Committee on Bustice that the veified
complaint andLo esolution is sufficient in substance, o >$? once the 1ouse itself affims o ovetuns the findin(
of the Committee on Bustice that the veified complaint andLo esolution is not sufficient in substance o >@? b" the
filin( o endosement befoe the 'eceta"--eneal of the 1ouse of Repesentatives of a veified complaint o a
/*
esolution of impeachment b" at least 1L@ of the membes of the 1ouse thus cleal" contavene 'ection @ >%? of
Aticle D2 as the" (ive the tem )initiate) a meanin( diffeent fom )filin(.)
3alidit% of the Second Impeachment Complaint
1avin( concluded that the initiation ta.es place b" the act of filin( of the impeachment complaint and efeal to
the 1ouse Committee on Bustice, the initial action ta.en theeon, the meanin( of 'ection @ >%? of Aticle D2
becomes clea. 6nce an impeachment complaint has been initiated in the foe(oin( manne, anothe ma" not be
filed a(ainst the same official #ithin a one "ea peiod follo#in( Aticle D2, 'ection @>%? of the Constitution.
2n fine, considein( that the fist impeachment complaint, #as filed b" fome Pesident Estada a(ainst Chief
Bustice 1ilaio -. 7avide, B., alon( #ith seven associate 8ustices of this Cout, on Bune $, $**@ and efeed to
the 1ouse Committee on Bustice on Au(ust %, $**@, the second impeachment complaint filed b" Repesentatives
-ilbeto C. Teodoo, B. and ,eli3 ;illiam ,uentebella a(ainst the Chief Bustice on 6ctobe $@, $**@ violates the
constitutional pohibition a(ainst the initiation of impeachment poceedin(s a(ainst the same impeachable office
#ithin a one-"ea peiod.
Conclusion
2f thee is an"thin( constant about this count", it is that thee is al#a"s a phenomenon that ta.es the cente sta(e
of ou individual and collective consciousness as a people #ith ou chaacteistic flai fo human dama, conflict o
ta(ed". 6f couse this is not to demean the seiousness of the contoves" ove the 7avide impeachment. ,o
man" of us, the past t#o #ee.s have poven to be an e3aspeatin(, mentall" and emotionall" e3haustin(
e3peience. Both sides have fou(ht bittel" a dialectical stu((le to aticulate #hat the" espectivel" believe to be
the coect position o vie# on the issues involved. Passions had an hi(h as demonstatos, #hethe fo o
a(ainst the impeachment of the Chief Bustice, too. to the steets amed #ith thei familia slo(ans and chants to
ai thei voice on the matte. Eaious sectos of societ" - fom the business, etied milita", to the academe and
denominations of faith M offeed su((estions fo a etun to a state of nomalc" in the official elations of the
(ovenmental banches affected to obviate an" peceived esultin( instabilit" upon aeas of national life.
Thou(h all these and as eal" as the time #hen the Aticles of 2mpeachment had been constituted, this Cout #as
specificall" as.ed, told, u(ed and a(ued to ta.e no action of an" .ind and fom #ith espect to the posecution
b" the 1ouse of Repesentatives of the impeachment complaint a(ainst the sub8ect espondent public official.
;hen the pesent petitions #ee .noc.in( so to spea. at the doosteps of this Cout, the same clamo fo non-
intefeence #as made thou(h #hat ae no# the a(uments of )lac. of 8uisdiction,) )non-8usticiabilit",) and
)8udicial self-estaint) aimed at haltin( the Cout fom an" move that ma" have a beain( on the impeachment
poceedin(s.
This Cout did not heed the call to adopt a hands-off stance as fa as the !uestion of the constitutionalit" of
initiatin( the impeachment complaint a(ainst Chief Bustice 7avide is concened. To eiteate #hat has been
alead" e3plained, the Cout found the e3istence in full of all the e!uisite conditions fo its e3ecise of its
constitutionall" vested po#e and dut" of 8udicial evie# ove an issue #hose esolution pecisel" called fo the
constuction o intepetation of a povision of the fundamental la# of the land. ;hat lies in hee is an issue of a
(enuine constitutional mateial #hich onl" this Cout can popel" and competentl" addess and ad8udicate in
accodance #ith the clea-cut allocation of po#es unde ou s"stem of (ovenment. ,ace-to-face thus #ith a
matte o poblem that s!uael" falls unde the Cout:s 8uisdiction, no othe couse of action can be had but fo it
to pass upon that poblem head on.
The claim, theefoe, that this Cout b" 8udiciall" entan(lin( itself #ith the pocess of impeachment has effectivel"
set up a e(ime of 8udicial supemac", is patentl" #ithout basis in fact and in la#.
This Cout in the pesent petitions sub8ected to 8udicial scutin" and esolved on the meits onl" the main issue of
#hethe the impeachment poceedin(s initiated a(ainst the Chief Bustice tans(essed the constitutionall"
imposed one-"ea time ba ule. Be"ond this, it did not (o about assumin( 8uisdiction #hee it had none, no
/1
indisciminatel" tun 8usticiable issues out of decidedl" political !uestions. Because it is not at all the business of
this Cout to asset 8udicial dominance ove the othe t#o (eat banches of the (ovenment. Rathe, the aison
d:ete of the 8udicia" is to complement the discha(e b" the e3ecutive and le(islative of thei o#n po#es to bin(
about ultimatel" the beneficent effects of havin( founded and odeed ou societ" upon the ule of la#.
2t is su((ested that b" ou ta.in( co(ni5ance of the issue of constitutionalit" of the impeachment poceedin(s
a(ainst the Chief Bustice, the membes of this Cout have actuall" closed an.s to potect a bethen. That the
membes: inteests in ulin( on said issue is as much at sta.e as is that of the Chief Bustice. Nothin( could be
fathe fom the tuth.
The institution that is the 'upeme Cout to(ethe #ith all othe couts has lon( held and been entusted #ith the
8udicial po#e to esolve conflictin( le(al i(hts e(adless of the pesonalities involved in the suits o actions. This
Cout has dispensed 8ustice ove the couse of time, unaffected b" #homsoeve stood to benefit o suffe
theefom, unfaid b" #hateve imputations o speculations could be made to it, so lon( as it endeed 8ud(ment
accodin( to the la# and the facts. ;h" can it not no# be tusted to #ield 8udicial po#e in these petitions 8ust
because it is the hi(hest an.in( ma(istate #ho is involved #hen it is an incontovetible fact that the
fundamental issue is not him but the validit" of a (ovenment banch:s official act as tested b" the limits set b" the
Constitution4 6f couse, thee ae ules on the inhibition of an" membe of the 8udicia" fom ta.in( pat in a case
in specified instances. But to dis!ualif" this entie institution no# fom the suit at ba is to e(ad the 'upeme
Cout as li.el" incapable of impatialit" #hen one of its membes is a pat" to a case, #hich is simpl" anon
se2uitur.
No one is above the la# o the Constitution. This is a basic pecept in an" le(al s"stem #hich eco(ni5es e!ualit"
of all men befoe the la# as essential to the la#:s moal authoit" and that of its a(ents to secue espect fo and
obedience to its commands. Pehaps, thee is no othe (ovenment banch o instumentalit" that is most 5ealous
in potectin( that pinciple of le(al e!ualit" othe than the 'upeme Cout #hich has discened its eal meanin(
and amifications thou(h its application to numeous cases especiall" of the hi(h-pofile .ind in the annals of
8uispudence. The Chief Bustice is not above the la# and neithe is an" othe membe of this Cout. But 8ust
because he is the Chief Bustice does not impl" that he (ets to have less in la# than an"bod" else. The la# is
solicitous of eve" individual:s i(hts iespective of his station in life.
The ,ilipino nation and its democatic institutions have no doubt been put to test once a(ain b" this impeachment
case a(ainst Chief Bustice 1ilaio 7avide. Accodin(l", this Cout has esoted to no othe than the Constitution in
seach fo a solution to #hat man" feaed #ould ipen to a cisis in (ovenment. But thou(h it is indeed immensel"
a blessin( fo this Cout to have found ans#es in ou bedoc. of le(al pinciples, it is e!uall" impotant that it
#ent thou(h this cucible of a democatic pocess, if onl" to discove that it can esolve diffeences #ithout the
use of foce and a((ession upon each othe.
:HEREFORE, 'ections 1& and 1/ of Rule E of the Rules of Pocedue in 2mpeachment Poceedin(s #hich #ee
appoved b" the 1ouse of Repesentatives on Novembe $H, $**1 ae unconstitutional. Conse!uentl", the
second impeachment complaint a(ainst Chief Bustice 1ilaio -. 7avide, B. #hich #as filed b" Repesentatives
-ilbeto C. Teodoo, B. and ,eli3 ;illiam B. ,uentebella #ith the 6ffice of the 'eceta" -eneal of the 1ouse of
Repesentatives on 6ctobe $@, $**@ is baed unde paa(aph %, section @ of Aticle D2 of the Constitution.
SO OR"ERE".
;ellosillo and 8in)a" 66." see sepaate opinion.
uno" and 9nares-'antia)o" 6." see concuin( and dissentin( opinion.
Vitu)" an)aniban" 'andoval-Gutierrez and (alle*o" 'r." 66." see sepaate concuin( opinion.
Fuisumbin)" 6." concuin( sepaate opinion eceived.
(arpio" 6." concu.
Austria-Martinez" 6." concu in the ma8oit" opinion and in the sepaate opinion of B. Eitu(.
(orona" 6." #ill #ite a sepaate concuin( opinion.
Azcuna" 6." concu in the sepaate opinion.
/$
Foot&ote'
1
Rollo, -.R. No. 1&*$&1 at 1H*-1H$I Anne3 )1.)
$
Pe 'pecial Appeaance #ith Manifestation of 1ouse 'pea.e Bose C. 7e Eenecia, B. >Rollo, -.R. No.
1&*$&1 at @$%-@&@? the petinent 1ouse Resolution is 1R No. $&*, but no cop" of the same #as
submitted befoe this Cout.
@
,d. at @$+. Ceated thou(h P7 No. 1+A+ >Bul" 1H, 1+HA?, the B7, #as established )to help ensue and
(uaantee the independence of the Budicia" as mandated b" the Constitution and public polic" and
e!uied b" the impatial administation of 8ustice) b" ceatin( a special fund to au(ment the allo#ances of
the membes and pesonnel of the Budicia" and to finance the ac!uisition, maintenance and epai of
office e!uipment and facilities.)
A
Rollo, -.R. No. 1&*$&1 at 1$*-1@+I Anne3 )E.)
%
The initial complaint impleaded onl" Bustices Atemio E. Pan(aniban, Bosue N. Bellosillo, Re"nato '.
Puno, Antonio T. Capio and Renato C. Coona, and #as late amended to include Bustices Bose C.
Eitu(, and =eonado A. Ouisumbin(.
&
'upra note A at 1$@-1$A.
/
Rollo" -.R. No. 1&*A*@ at AH-%@I Anne3 )A.)
H
http0LL###.con(ess.(ov.phLseachLbillsLhistRsho#.php4billRnoSRPT++++
+
Rollo" -.R. No. 1&*$&$ at H.
1*
Rollo, -.R. No. 1&*$+% at 11.
11
Rollo, -.R. No. 1&*$&$ at A@-HAI Anne3 )B.)
1$
'upra note $.
1@
A peusal of the attachments submitted b" the vaious petitiones eveals the follo#in( si(natoies to
the second impeachment complaint and the accompan"in( ResolutionLEndosement. 1. -ilbet Teodoo,
B., NPC, Talac >pincipal complainant? $. ,eli3 ,uentebella, NPC, Camaines 'u >second pincipal
complainant? @. Bulio =edesma, 2E, NPC, Ne(os 6ccidental A. 1en" =anot, NPC, =one 7istict of Pasi(
Cit" %. 9im Benado-=o.in, Pat" =ist-C2BAC &. Macelino =ibanan, NPC, =one 7istict of Easten 'ama,
>Chaiman, 1ouse Committee on Bustice? /. Emm"lou Talino-'antos, 2ndependent, 1st 7istict, Noth
Cotobato H. 7ou(las RA. Ca(as, NPC, 1st 7istict, 7avao del 'u +. 'he#in -atchalian, NPC, 1st
7istict, Ealen5uela Cit" 1*. =uis Besamin, B., P7'P-PPC, =one 7istict of Aba 11. Neissa 'oon-Rui5
Ala"on, &th 7istict, Cebu 1$. Enesto Nieva, =a.as, 1st 7istict, Manila 1@. Ed(a R. Eice, =a.as, $nd
7istict, 9aloo.an Cit" 1A. 2smael Matha" 222, 2ndependent, $nd 7istict, Oue5on Cit" 1%. 'amuel 7an(#a,
Repoma, =one 7istict of Ben(uet 1&. Alfedo MaaNon, B., NPC, $nd 7istict, Ne(os 6ccidental 1/.
Cecilia Balos8os-Caeon, Repoma, 1st 7istict, Jamboan(a del Note 1H. A(apito A. A!uino, =7P, $nd
7istict, Ma.ati Cit" 1+. ,austo =. 'eachon, B., NPC, @d 7istict, Masbate $*. -eo(ilu Kumul-1emida,
P#esa n( Masa, Ath 7istict, Oue5on $1. Bose Calos =acson, =a.as, @d 7istict, Ne(os 6ccidental $$.
Manuel C. 6te(a, NPC, 1st 7istict, =a <nion $@. <lian Boa!uin, NPC, 1st 7istict, =a(una $A. 'oa"a
C. Baafa, =a.as, =one 7istict of Ta#i-Ta#i $%. ;ilhelmino '"-Alvaado, =a.as, 1st 7istict, Bulacan $&.
/@
Claude P. Bautista, NPC, $nd 7istict, 7avao 7el 'u $/. 7el 7e -u5man, =a.as, =one 7istict of
Mai.ina Cit" $H. Jeneida Cu5-7ucut, NPC, $nd 7istict, Pampan(a $+. Au(usto Baculio, 2ndependent-
=7P, $nd 7istict, Misamis 6iental @*. ,austino 7" 222, NPC-=a.as, @d 7istict, 2sabela @1. A(usto
Bobo" '"8uco, =a.as, $nd 7istict, 2loilo @$. Ro55ano Rufino B. Bia5on, =7P, =one 7istict of Muntinlupa
Cit" @@. =eovi(ildo B. Banaa(, NPC-=a.as, 1st 7istict, A(usan del Note @A. Eic 'in(son, =P, $nd
7istict, 2locos 'u @%. Bacinto Paas, =a.as, 1st 7istict, Ne(os 6iental @&. Bose 'olis, 2ndependent,
$nd 7istict, 'oso(on @/. Renato B. Ma(tubo, Pat" =ist-Patido n( Man((a(a#a @H. 1eminio -.
Teves, =a.as, @d 7istict, Ne(os 6iental @+. Amado T. Espino, B., =a.as, $nd 7istict, Pan(asinan A*.
Emilio Macias, NPC, $nd 7istict, Ne(os 6iental A1. Athu K. Pin(o", B., NPC, $nd 7istict, 'outh
Cotobato A$. ,ancis Nepomuceno, NPC, 1st 7istict, Pampan(a A@. Conado M. Estella 222, NPC, &th
7istict, Pan(asinan AA. Elias Bulut, B., NPC, =one 7istict of Apa"ao A%. Budin Besus M. Romualdo,
NPC, =one 7istict of Cami(uin A&. Buan Pablo Bondoc, NPC, Ath 7istict, Pampan(a A/. -eneoso 7C.
Tula(an, NPC, @d 7istict, Pan(asinan AH. Pepetuo Kla(an, =a.as, =one 7istict of Romblon A+.
Michael 7uavit, NPC, 1st 7istict, Ri5al %*. Boseph Ace 1. 7uano, NPC, %th 7istict, Cebu %1. Besli
=apus, NPC, @d 7istict, Talac %$. Calos O. Co8uan(co, NPC, Ath 7istict, Ne(os 6ccidental %@.
-eo(idi B. A((abao, NPC, Ath 7istict, 'antia(o, 2sabela %A. ,ancis Escudeo, NPC, 1st 7istict,
'oso(on %%. Rene M. Eelade, Pat" =ist-Buha" %&. Celso =. =obe(at, =7P, =one 7istict of Jamboan(a
Cit" %/. Alipio Ciilo E. Badelles, NPC, 1st 7istict, =anao del Note %H. 7ida(en P. 7ilan(alen, P#esa n(
Masa, =one 7istict of Ma(uindanao %+. Abaham B. Mita, =7P, $nd 7istict, Pala#an &*. Boseph
'antia(o, NPC, =one 7istict of Catanduanes &1. 7alene Antonino-Custodio, NPC, 1st 7istict of 'outh
Cotobato T -eneal 'antos Cit" &$. Aleta C. 'uae5, =P, @d 7istict, Oue5on &@. Rodolfo -. Pla5a, NPC,
=one 7istict of A(usan del 'u &A. BE Bautista, Pat" =ist-'anla.as &%. -e(oio 2pon(, NPC, $nd
7istict, Noth Cotabato &&. -ilbet C. Remulla, =7P, $nd 7istict, Cavite &/. Role3 T. 'uplico, =7P, %th
7istict, 2loilo &H. Celia =a"us, NPC, Ca(a"an &+. Buan Mi(uel Jubii, =a.as, @d 7istict, Bu.idnon /*.
Benasin( Macaambon B,. NPC, $nd 7istict, =anao del 'u /1. Bosefina Boson, NPC, =one 7istict of
Nueva Eci8a /$. Ma. Co8uan(co, NPC, %th 7istict, Pan(asinan /@. Mauicio 7omo(an, =a.as, =one
7istict of Ba(uio Cit" /A. Ronaldo B. Jamoa, P#esa n( Masa, =one 7istict of 'an Buan /%. An(elo 6.
Montilla, NPC, =one 7istict of 'ultan 9udaat /&. Roselle =. Baina(a, NPC, $nd 7istict, Jamboan(a
del Note //. Besna R. ,alcon, NPC, $nd 7istict, 'ui(ao del 'u /H. Ru" Elias =ope5, NPC, @d 7istict,
7avao Cit".
1A
Rollo, -.R. No. 1&*$&1 at %. Petitione had peviousl" filed t#o sepaate impeachment complaints
befoe the 1ouse of Repesentatives a(ainst 6mbudsman Aniano 7esieto.
1%
$++ 'CRA /AA >1++H?. 2n (havez v. (GG, petitione Chave5 a(ued that as a ta3pa"e and a citi5en,
he had the le(al pesonalit" to file a petition demandin( that the PC-- ma.e public an" and all
ne(otiations and a(eements petainin( to the PC--:s tas. of ecovein( the Macoses: ill-(otten #ealth.
Petitione Chave5 futhe a(ued that the matte of ecovein( the ill-(otten #ealth of the Macoses is an
issue of tanscendental impotance to the public. The 'upeme Cout, citin( 8a7ada v. 8uvera, 1@& 'CRA
$/ >1+H%?, Le)aspi v. (ivil 'ervice (ommission, 1%* 'CRA %@* >1+H/? and Albano v. Reyes, 1/% 'CRA
$&A >1+H+? uled that petitione had standin(. The Cout, ho#eve, #ent on to elaboate that in an" event,
the !uestion on the standin( of petitione Chave5 #as endeed moot b" the intevention of the Bopsons
#ho ae amon( the le(itimate claimants to the Macos #ealth.
1&
@HA 'CRA 1%$ >$**$?. 2n (havez v. EA-Amari (oastal ;ay >evelopment (orporation, #heein the
petition sou(ht to compel the Public Estates Authoit" >PEA? to disclose all facts on its then on-(oin(
ne(otiations #ith Amai Coastal 7evelopment Copoation to eclaim potions of Manila Ba", the 'upeme
Cout said that petitione Chave5 had the standin( to bin( a ta3pa"e:s suit because the petition sou(ht
to compel PEA to compl" #ith its constitutional duties.
1/
$$A 'CRA /+$ >1++@?.
1H
'ubse!uent petitions #ee filed befoe this Cout see.in( simila elief. 6the than the petitions, this
Cout also eceived Motions fo 2ntevention fom amon( othes, 'en. A!uilino Pimentel, B., and 'pecial
Appeaances b" 1ouse 'pea.e Bose C. de Eenecia, B., and 'enate Pesident ,an.lin 7ilon.
/A
1+
'upra note $ at 1*.
$*
Bustice ,loen5 7. Re(alado, ,ome Constitutional Commissiones Bustice Re(alado E. Maambon(
and ,athe Boa!uin -. Benas, 'B, Bustice 1u(o E. -utiee5, B., ,ome Ministe of Bustice and 'olicito
-eneal Estelito P. Mendo5a, 7eans Pacifico A(abin and Raul C. Pan(alan(an, and ,ome 'enate
Pesident Bovito R. 'alon(a,.
$1
Rollo, -.R. No. 1&*$&1 at $/%-$+$.
$$
,d. at $+$.
$@
&@ Phil 1@+ >1+@&?.
$A
,d. at 1%/-1%+.
$%
Vide Ale*andrino v. Fuezon, A& Phil H@ >1+$A?I 8a7ada v. (uenco, 1*@ Phil 1*%1 >1+%/?I Knot v.
2ntemediate Appellate Cout, 1AH 'CRA &%+, &&% >1+H/?.
$&
Const., at. E222, sec. 1.
$/
% <' 1@/ >1H*@?.
$H
,d. at 1H*.
$+
2n ,n re rautch, 1 Phil 1@$ >1+*$?, this Cout held that a statute allo#in( fo impisonment fo non-
pa"ment of a debt #as invalid. 2n (asanovas v. Gord, H Phil 1$% >1+*/?, this Cout invalidated a statute
imposin( a ta3 on minin( claims on the (ound that a (ovenment (ant stipulatin( that the pa"ment of
cetain ta3es b" the (antee #ould be in lieu of othe ta3es #as a contactual obli(ation #hich could not
be impaied b" subse!uent le(islation. 2n (oncepcion v. aredes, A$ Phil %++ >1+$1?, 'ection 1AH >$? of
the Administative Code, as amended, #hich povided that 8ud(es of the fist instance #ith the same
salaies #ould, b" lot, e3chan(e 8udicial disticts eve" five "eas, #as declaed invalid fo bein( a
usupation of the po#e of appointment vested in the -oveno -eneal. 2n Mc>aniel v. Apacible, A$ Phil
/A+ >1+$$?, Act No. $+@$, in so fa as it declaes open to lease lands containin( petoleum #hich have
been validl" located and held, #as declaed invalid fo bein( a depavation of popet" #ithout due
pocess of la#. 2n ..'. v. An) 8an) Go, A@ Phil 1 >1+$$?, Act No. $H&H, in so fa as it authoi5ed the
-oveno--eneal to fi3 the pice of ice b" poclamation and to ma.e the sale of ice in violation of such a
poclamation a cime, #as declaed an invalid dele(ation of le(islative po#e.
@*
Vicente V. Mendoza, 'hain( The Passion and Action of ou Time &$-%@ >$**@?.
@1
'upra note $@.
@$
,d. at 1%&-1%/.
@@
,loentino P. ,eliciano, The Application of =a#0 'ome Recuin( Aspects 6f The Pocess 6f Budicial
Revie# And 7ecision Ma.in(, @/ AMBB<R 1/, $A >1++$?.
@A
,bid.
@%
2 Recod of the Constitutional Commission A@A-A@& >1+H&?.
@&
@1 'CRA A1@ >1+/*?
/%
@/
,d. at A$$-A$@I Vide ;aranda v. Gustilo, 1&% 'CRA /%/, //* >1+HH?I Luz :arms v. 'ecretary of the
>epartment of A)rarian Reform, 1+$ 'CRA %1 >1++*?I 5rdillo v. (ommission on Elections" 1+$ 'CRA
1** >1++*?.
@H
1+A 'CRA @1/ >1++1?.
@+
,d. at @$% citin( Ma0!ell v. >o!, 1/& <' %H1.
A*
1%$ 'CRA $HA >1+H/?.
A1
,d. at $+1 citin( Gold (ree+ Minin) v. Rodri)uez, && Phil $%+ >1+@H?, 6.M. 8uason E (o." ,nc v. Land
8enure Administration" supra note @&, and 2 TaNada and ,enando, Constitution of the Philippines $1
> ,outh Ed. ?.
A$
H$ Phil //1 >1+A+?.
A@
,d. at //%.
AA
'upra note @H.
A%
,d. at @@*-@@1.
A&
,d. at @@/-@@H citin( 1& CB' $.@1I (ommon!ealth v. Ralph, 111 Pa. @&%, @ Atl. $$* and Gousehold
:inance (orporation v. 'haffner, $*@, '; $d, /@A, @%& Mo. H*H.
A/
'upra note $.
AH
(itin) 'ection @ >&?, Aticle E222 of the Constitution povides0
>&? The 'enate shall have the sole po#e to t" and decide all cases of impeachment. ;hen
sittin( fo that pupose, the 'enatos shall be on oath o affimation. ;hen the Pesident of the
Philippines is on tial, the Chief Bustice of the 'upeme Cout shall peside, but shall not vote. No
peson shall be convicted #ithout
Republic of the Philippines
SUPREME COURT
Manila
EN BANC

G.R. No. 1221+6 Febr,$r2 3, 199)
M!NL! PRNCE HOTEL petitione,
vs.
/&
GO7ERNMENT SER7CE NSUR!NCE S;STEM, M!NL! HOTEL CORPOR!TON, COMMTTEE ON
PR7!T(!TON $&/ OFFCE OF THE GO7ERNMENT CORPOR!TE COUNSEL, espondents.

0ELLOSLLO, J.:
The :i,ipino :irst olicy enshined in the 1+H/ Constitution, i.e., in the )rant of ri)hts" privile)es" and concessions
coverin) the national economy and patrimony" the 'tate shall )ive preference to 2ualified :ilipinos,
1
is in o.ed b"
petitione in its bid to ac!uie %1U of the shaes of the Manila 1otel Copoation >M1C? #hich o#ns the histoic
Manila 1otel. 6pposin(, espondents maintain that the povision is not self-e3ecutin( but e!uies an
implementin( le(islation fo its enfocement. Coollail", the" as. #hethe the %1U shaes fom pat of the national
econom" and patimon" coveed b" the potective mantle of the Constitution.
The contoves" aose #hen espondent -ovenment 'evice 2nsuance '"stem >-'2'?, pusuant to the
pivati5ation po(am of the Philippine -ovenment unde Poclamation No. %* dated H 7ecembe 1+H&, decided
to sell thou(h public biddin( @*U to %1U of the issued and outstandin( shaes of espondent M1C. The #innin(
bidde, o the eventual )state(ic patne,) is to provide mana)ement e0pertise andIor an international
mar+etin)Ireservation system" and financial support to stren)then the profitability and performance of the Manila
Gotel.
2
2n a close biddin( held on 1H 'eptembe 1++% onl" t#o >$? biddes paticipated0 petitione Manila Pince
1otel Copoation, a ,ilipino copoation, #hich offeed to bu" %1U of the M1C o 1%,@**,*** shaes at PA1.%H
pe shae, and Renon( Behad, a Mala"sian fim, #ith 2TT-'heaton as its hotel opeato, #hich bid fo the same
numbe of shaes at PAA.** pe shae, o P$.A$ moe than the bid of petitione.
Petinent povisions of the biddin( ules pepaed b" espondent -'2' state C
2. EDEC<T26N 6, T1E NECE''ARK C6NTRACT' ;2T1 -'2'LM1C C
1. The 1i(hest Bidde must compl" #ith the conditions set foth belo# b" 6ctobe $@, 1++% >eset
to Novembe @, 1++%? o the 1i(hest Bidde #ill lose the i(ht to puchase the Bloc. of 'haes
and -'2' #ill instead offe the Bloc. of 'haes to the othe Oualified Biddes0
a. The 1i(hest Bidde must ne(otiate and e3ecute #ith the -'2'LM1C the
Mana(ement Contact, 2ntenational Ma.etin(LResevation '"stem Contact o
othe t"pe of contact specified b" the 1i(hest Bidde in its state(ic plan fo the
Manila 1otel. . . .
b. The 1i(hest Bidde must e3ecute the 'toc. Puchase and 'ale A(eement
#ith -'2' . . . .
9. 7EC=ARAT26N 6, T1E ;2NN2N- B277ERL'TRATE-2C PARTNER C
The 1i(hest Bidde #ill be declaed the ;innin( BiddeL'tate(ic Patne afte the follo#in(
conditions ae met0
a. E3ecution of the necessa" contacts #ith -'2'LM1C not late than 6ctobe
$@, 1++% >eset to Novembe @, 1++%?I and
b. Re!uisite appovals fom the -'2'LM1C and C6P >Committee on
Pivati5ation?L6-CC >6ffice of the -ovenment Copoate Counsel? ae
obtained.
3
//
Pendin( the declaation of Renon( Behad as the #innin( biddeLstate(ic patne and the e3ecution of the
necessa" contacts, petitione in a lette to espondent -'2' dated $H 'eptembe 1++% matched the bid pice of
PAA.** pe shae tendeed b" Renon( Behad.
4
2n a subse!uent lette dated 1* 6ctobe 1++% petitione sent a
mana(e:s chec. issued b" Philtust Ban. fo Thit"-thee Million Pesos >P@@.***.***.**? as ;id 'ecurity to
match the bid of the Malaysian Group" Messrs. Renon) ;erhad . . .
+
#hich espondent -'2' efused to accept.
6n 1/ 6ctobe 1++%, pehaps appehensive that espondent -'2' has dise(aded the tende of the matchin( bid
and that the sale of %1U of the M1C ma" be hastened b" espondent -'2' and consummated #ith Renon(
Behad, petitione came to this Cout on pohibition and mandamus. 6n 1H 6ctobe 1++% the Cout issued a
tempoa" estainin( ode en8oinin( espondents fom pefectin( and consummatin( the sale to the Mala"sian
fim.
6n 1* 'eptembe 1++& the instant case #as accepted b" the Cout En ;anc afte it #as efeed to it b" the ,ist
7ivision. The case #as then set fo oal a(uments #ith fome Chief Bustice Eni!ue M. ,enando and ,.
Boa!uin -. Benas, '.B., as amici curiae.
2n the main, petitione invo.es 'ec. 1*, second pa., At. D22, of the 1+H/ Constitution and submits that the Manila
1otel has been identified !ith the :ilipino nation and has practically become a historical monument !hich reflects
the vibrancy of hilippine herita)e and culture. ,t is a proud le)acy of an earlier )eneration of :ilipinos !ho
believed in the nobility and sacredness of independence and its po!er and capacity to release the full potential of
the :ilipino people. 8o all intents and purposes" it has become a part of the national patrimony.
6
Petitione also
a(ues that since %1U of the shaes of the M1C caies #ith it the o#neship of the business of the hotel #hich is
o#ned b" espondent -'2', a (ovenment-o#ned and contolled copoation, the hotel business of espondent
-'2' bein( a pat of the touism indust" is un!uestionabl" a pat of the national econom". Thus, an" tansaction
involvin( %1U of the shaes of stoc. of the M1C is cleal" coveed b" the tem national economy, to #hich 'ec.
1*, second pa., At. D22, 1+H/ Constitution, applies.
)
2t is also the thesis of petitione that since Manila 1otel is pat of the national patimon" and its business also
un!uestionabl" pat of the national econom" petitione should be pefeed afte it has matched the bid offe of the
Mala"sian fim. ,o the biddin( ules mandate that if for any reason" the Gi)hest ;idder cannot be a!arded the
;loc+ of 'hares" G',' may offer this to the other Fualified ;idders that have validly submitted bids provided that
these Fualified ;idders are !illin) to match the hi)hest bid in terms of price per share.
8
Respondents e3cept. The" maintain that0 :irst, 'ec. 1*, second pa., At. D22, of the 1+H/ Constitution is meel" a
statement of pinciple and polic" since it is not a self-e0ecutin) provision and re2uires implementin)
le)islationBsC . . . 8hus" for the said provision to 5perate" there must be e0istin) la!s ?to lay do!n conditions
under !hich business may be done.)
9
'econd, (antin( that this povision is self-e3ecutin(, Manila 1otel does not fall unde the tem national patimon"
#hich onl" efes to lands of the public domain, #ates, mineals, coal, petoleum and othe mineal oils, all foces
of potential ene(", fisheies, foests o timbe, #ildlife, floa and fauna and all maine #ealth in its teitoial sea,
and e3clusive maine 5one as cited in the fist and second paa(aphs of 'ec. $, At. D22, 1+H/ Constitution.
Accodin( to espondents, #hile petitione spea.s of the (uests #ho have slept in the hotel and the events that
have tanspied theein #hich ma.e the hotel histoic, these alone do not ma.e the hotel fall unde
the patrimony of the nation. ;hat is moe, the mandate of the Constitution is addessed to the 'tate, not to
espondent -'2' #hich possesses a pesonalit" of its o#n sepaate and distinct fom the Philippines as a 'tate.
8hird, (antin( that the Manila 1otel foms pat of the national patrimony, the constitutional povision invo.ed is
still inapplicable since #hat is bein( sold is onl" %1U of the outstandin( shaes of the copoation, not the hotel
buildin( no the land upon #hich the buildin( stands. Cetainl", %1U of the e!uit" of the M1C cannot be
consideed pat of the national patrimony. Moeove, if the disposition of the shaes of the M1C is eall" conta"
to the Constitution, petitione should have !uestioned it i(ht fom the be(innin( and not afte it had lost in the
biddin(.
/H
:ourth, the eliance b" petitione on pa. E., subpa. B. 1., of the biddin( ules #hich povides that if for any
reason" the Gi)hest ;idder cannot be a!arded the ;loc+ of 'hares" G',' may offer this to the other Fualified
;idders that have validly submitted bids provided that these Fualified ;idders are !illin) to match the hi)hest bid
in terms of price per share, is misplaced. Respondents postulate that the pivile(e of submittin( a matchin( bid
has not "et aisen since it onl" ta.es place if for any reason" the Gi)hest ;idder cannot be a!arded the ;loc+ of
'hares. Thus the submission b" petitione of a matchin( bid is pematue since Renon( Behad could still ve"
#ell be a#aded the bloc. of shaes and the condition (ivin( ise to the e3ecise of the pivile(e to submit a
matchin( bid had not "et ta.en place.
:inally, the pa"e fo pohibition (ounded on (ave abuse of discetion should fail since espondent -'2' did not
e3ecise its discetion in a capicious, #himsical manne, and if eve it did abuse its discetion it #as not so patent
and (oss as to amount to an evasion of a positive dut" o a vitual efusal to pefom a dut" en8oined b" la#.
'imilal", the petition fo mandamus should fail as petitione has no clea le(al i(ht to #hat it demands and
espondents do not have an impeative dut" to pefom the act e!uied of them b" petitione.
;e no# esolve. A constitution is a s"stem of fundamental la#s fo the (ovenance and administation of a nation.
2t is supeme, impeious, absolute and unalteable e3cept b" the authoit" fom #hich it emanates. 2t has been
defined as the fundamental and paramount la! of the nation.
1*
2t pescibes the pemanent fame#o. of a
s"stem of (ovenment, assi(ns to the diffeent depatments thei espective po#es and duties, and establishes
cetain fi3ed pinciples on #hich (ovenment is founded. The fundamental conception in othe #ods is that it is a
supeme la# to #hich all othe la#s must confom and in accodance #ith #hich all pivate i(hts must be
detemined and all public authoit" administeed.
11
<nde the doctine of constitutional supemac", if a la# o
contact violates an" nom of the constitution that la# o contact #hethe pomul(ated b" the le(islative o b" the
e3ecutive banch o enteed into b" pivate pesons fo pivate puposes is null and void and #ithout an" foce
and effect. Thus, since the (onstitution is the fundamental" paramount and supreme la! of the nation" it is
deemed !ritten in every statute and contract.
Admittedl", some constitutions ae meel" declaations of policies and pinciples. Thei povisions command the
le(islatue to enact la#s and ca" out the puposes of the fames #ho meel" establish an outline of (ovenment
povidin( fo the diffeent depatments of the (ovenmental machine" and secuin( cetain fundamental and
inalienable i(hts of citi5ens.
12
A povision #hich la"s do#n a (eneal pinciple, such as those found in At. 22 of
the 1+H/ Constitution, is usuall" not self-e3ecutin(. But a povision #hich is complete in itself and becomes
opeative #ithout the aid of supplementa" o enablin( le(islation, o that #hich supplies sufficient ule b" means
of #hich the i(ht it (ants ma" be en8o"ed o potected, is self-e3ecutin(. Thus a constitutional povision is self-
e3ecutin( if the natue and e3tent of the i(ht confeed and the liabilit" imposed ae fi3ed b" the constitution itself,
so that the" can be detemined b" an e3amination and constuction of its tems, and thee is no lan(ua(e
indicatin( that the sub8ect is efeed to the le(islatue fo action.
13
As a(ainst constitutions of the past, moden constitutions have been (eneall" dafted upon a diffeent pinciple
and have often become in effect e3tensive codes of la#s intended to opeate diectl" upon the people in a manne
simila to that of statuto" enactments, and the function of constitutional conventions has evolved into one moe
li.e that of a le(islative bod". 1ence, unless it is e3pessl" povided that a le(islative act is necessa" to enfoce a
constitutional mandate, the pesumption no# is that all povisions of the constitution ae self-e3ecutin( 2f the
constitutional povisions ae teated as e!uiin( le(islation instead of self-e3ecutin(, the le(islatue #ould have
the po#e to i(noe and pacticall" nullif" the mandate of the fundamental la#.
14
This can be catacl"smic. That is
#h" the pevailin( vie# is, as it has al#a"s been, that C
. . . in case of doubt, the Constitution should be consideed self-e3ecutin( athe than non-self-
e3ecutin( . . . . <nless the conta" is cleal" intended, the povisions of the Constitution should
be consideed self-e3ecutin(, as a conta" ule #ould (ive the le(islatue discetion to detemine
#hen, o #hethe, the" shall be effective. These povisions #ould be subodinated to the #ill of
the la#ma.in( bod", #hich could ma.e them entiel" meanin(less b" simpl" efusin( to pass the
needed implementin( statute.
1+
/+
Respondents a(ue that 'ec. 1*, second pa., At. D22, of the 1+H/ Constitution is cleal" not self-e3ecutin(, as
the" !uote fom discussions on the floo of the 1+H& Constitutional Commission C
MR. R67R2-6. Madam Pesident, 2 am as.in( this !uestion as the Chaiman of
the Committee on 't"le. 2f the #odin( of )PRE,ERENCE) is (iven to
O<A=2,2E7 ,2=2P2N6',) can it be undestood as a pefeence to !ualified
,ilipinos vis-a-vis ,ilipinos #ho ae not !ualified. 'o, #h" do #e not ma.e it
clea4 To !ualified ,ilipinos as a(ainst aliens4
T1E PRE'27ENT. ;hat is the !uestion of Commissione Rodi(o4 2s it to
emove the #od )O<A=2,2E74).
MR. R67R2-6. No, no, but sa" definitel" )T6 O<A=2,2E7 ,2=2P2N6') as
a(ainst #hom4 As a(ainst aliens o ove aliens4
MR. N6==E76. Madam Pesident, 2 thin. that is undestood. ;e use the #od
)O<A=2,2E7) because the e0istin) la!s or prospective la!s !ill al!ays lay do!n
conditions under !hich business may be done. :or e0ample" 2ualifications on
the settin) up of other financial structures" et cetera >emphasis supplied b"
espondents?
MR. R67R2-6. 2t is 8ust a matte of st"le.
MR. N6==E76 Kes,
16
Ouite appaentl", 'ec. 1*, second pa., of At D22 is couched in such a #a" as not to ma.e it appea that it is non-
self-e3ecutin( but simpl" fo puposes of st"le. But, cetainl", the le(islatue is not pecluded fom enactin( othe
futhe la#s to enfoce the constitutional povision so lon( as the contemplated statute s!uaes #ith the
Constitution. Mino details ma" be left to the le(islatue #ithout impaiin( the self-e3ecutin( natue of
constitutional povisions.
2n self-e3ecutin( constitutional povisions, the le(islatue ma" still enact le(islation to facilitate the e3ecise of
po#es diectl" (anted b" the constitution, futhe the opeation of such a povision, pescibe a pactice to be
used fo its enfocement, povide a convenient emed" fo the potection of the i(hts secued o the detemination
theeof, o place easonable safe(uads aound the e3ecise of the i(ht. The mee fact that le(islation ma"
supplement and add to o pescibe a penalt" fo the violation of a self-e3ecutin( constitutional povision does not
ende such a povision ineffective in the absence of such le(islation. The omission fom a constitution of an"
e3pess povision fo a emed" fo enfocin( a i(ht o liabilit" is not necessail" an indication that it #as not
intended to be self-e3ecutin(. The ule is that a self-e3ecutin( povision of the constitution does not necessail"
e3haust le(islative po#e on the sub8ect, but an" le(islation must be in hamon" #ith the constitution, futhe the
e3ecise of constitutional i(ht and ma.e it moe available.
1)
'ubse!uent le(islation ho#eve does not necessail"
mean that the sub8ect constitutional povision is not, b" itself, full" enfoceable.
Respondents also a(ue that the non-self-e3ecutin( natue of 'ec. 1*, second pa., of At. D22 is implied fom the
teno of the fist and thid paa(aphs of the same section #hich undoubtedl" ae not self-e3ecutin(.
18
The
a(ument is fla#ed. 2f the fist and thid paa(aphs ae not self-e3ecutin( because Con(ess is still to enact
measues to encoua(e the fomation and opeation of entepises full" o#ned b" ,ilipinos, as in the fist
paa(aph, and the 'tate still needs le(islation to e(ulate and e3ecise authoit" ove foei(n investments #ithin
its national 8uisdiction, as in the thid paa(aph, then a fortiori, b" the same lo(ic, the second paa(aph can onl"
be self-e3ecutin( as it does not b" its lan(ua(e e!uie an" le(islation in ode to (ive pefeence to !ualified
,ilipinos in the (ant of i(hts, pivile(es and concessions covein( the national econom" and patimon". A
constitutional povision ma" be self-e3ecutin( in one pat and non-self-e3ecutin( in anothe.
19
H*
Even the cases cited b" espondents holdin( that cetain constitutional povisions ae meel" statements of
pinciples and policies, #hich ae basicall" not self-e3ecutin( and onl" placed in the Constitution as moal
incentives to le(islation, not as 8udiciall" enfoceable i(hts C ae simpl" not in point. ;asco v. hilippine
Amusements and Gamin) (orporation
2*
spea.s of constitutional povisions on pesonal di(nit",
21
the sanctit" of
famil" life,
22
the vital ole of the "outh in nation-buildin(
23
the pomotion of social 8ustice,
24
and the values of
education.
2+
8olentino v. 'ecretary of :inance
26
efes to the constitutional povisions on social 8ustice and
human i(hts
2)
and on education.
28
=astl", -ilosbayan" ,nc. v. Morato
29
cites povisions on the pomotion of
(eneal #elfae,
3*
the sanctit" of famil" life,
31
the vital ole of the "outh in nation-buildin(
32
and the pomotion of
total human libeation and development.
33
A eadin( of these povisions indeed cleal" sho#s that the" ae not
8udiciall" enfoceable constitutional i(hts but meel" (uidelines fo le(islation. The ve" tems of the povisions
manifest that the" ae onl" pinciples upon #hich the le(islations must be based. Res ipsa lo2uitur.
6n the othe hand, 'ec. 1*, second pa., At. D22 of the of the 1+H/ Constitution is a mandato", positive
command #hich is complete in itself and #hich needs no futhe (uidelines o implementin( la#s o ules fo its
enfocement. ,om its ve" #ods the povision does not e!uie an" le(islation to put it in opeation. 2t is per
se8udiciall" enfoceable ;hen ou Constitution mandates that JiKn the )rant of ri)hts" privile)es" and concessions
coverin) national economy and patrimony" the 'tate shall )ive preference to 2ualified :ilipinos, it means 8ust that
C !ualified ,ilipinos shall be pefeed. And #hen ou Constitution declaes that a i(ht e3ists in cetain specified
cicumstances an action ma" be maintained to enfoce such i(ht not#ithstandin( the absence of an" le(islation
on the sub8ectI conse!uentl", if thee is no statute especiall" enacted to enfoce such constitutional i(ht, such
i(ht enfoces itself b" its o#n inheent potenc" and puissance, and fom #hich all le(islations must ta.e thei
beain(s. ;hee thee is a i(ht thee is a emed". .bi *us ibi remedium.
As e(ads ou national patrimony, a membe of the 1+H& Constitutional Commission
34
e3plains C
The patimon" of the Nation that should be conseved and developed efes not onl" to out ich
natual esouces but also to the cultual heita(e of out ace. 2t also efes to ou intelli(ence in
ats, sciences and lettes. Theefoe, #e should develop not onl" ou lands, foests, mines and
othe natual esouces but also the mental abilit" o facult" of ou people.
;e a(ee. 2n its plain and odina" meanin(, the tem patimon" petains to heita(e.
3+
;hen the Constitution
spea.s of national patimon", it efes not onl" to the natual esouces of the Philippines, as the Constitution
could have ve" #ell used the tem natural resources, but also to the cultural herita)e of the ,ilipinos.
Manila 1otel has become a landma. C a livin( testimonial of Philippine heita(e. ;hile it #as estictivel" an
Ameican hotel #hen it fist opened in 1+1$, it immediatel" evolved to be tul" ,ilipino, ,omel" a concouse fo
the elite, it has since then become the venue of vaious si(nificant events #hich have shaped Philippine histo". 2t
#as called the (ultural (enter of the 3<AL/s. 2t #as the site of the festivities duin( the inau(uation of the
Philippine Common#ealth. 7ubbed as the 5fficial Guest Gouse of the hilippine Government. it pla"s host to
di(nitaies and official visitos #ho ae accoded the taditional Philippine hospitalit".
36
The histo" of the hotel has been chonicled in the boo. 8he Manila Gotel0 8he Geart and Memory of a
(ity.
3)
7uin( ;old ;a 22 the hotel #as conveted b" the Bapanese Milita" Administation into a milita"
head!uates. ;hen the Ameican foces etuned to ecaptue Manila the hotel #as selected b" the Bapanese
to(ethe #ith 2ntamuos as the t#o >$? places fo thei final stand. Theeafte, in the 1+%*:s and 1+&*:s, the hotel
became the cente of political activities, pla"in( host to almost eve" political convention. 2n 1+/* the hotel
eopened afte a enovation and eaped numeous intenational eco(nitions, an ac.no#led(ment of the ,ilipino
talent and in(enuit". 2n 1+H& the hotel #as the site of a failed coup d/ etat #hee an aspiant fo vice-pesident
#as )poclaimed) Pesident of the Philippine Republic.
,o moe than ei(ht >H? decades Manila 1otel has boe mute #itness to the tiumphs and failues, loves and
fustations of the ,ilipinosI its e3istence is impessed #ith public inteestI its o#n histoicit" associated #ith ou
stu((le fo soveei(nt", independence and nationhood. Eeil", Manila 1otel has become pat of ou national
econom" and patimon". ,o sue, %1U of the e!uit" of the M1C comes #ithin the puvie# of the constitutional
H1
shelte fo it compises the ma8oit" and contollin( stoc., so that an"one #ho ac!uies o o#ns the %1U #ill have
actual contol and mana(ement of the hotel. 2n this instance, %1U of the M1C cannot be disassociated fom the
hotel and the land on #hich the hotel edifice stands. Conse!uentl", #e cannot sustain espondents: claim that
the :ilipino :irst olicy povision is not applicable since !hat is bein) sold is only %3M of theoutstandin) shares of
the corporation" not the Gotel buildin) nor the land upon !hich the buildin) stands.
38
The a(ument is pue sophist". The tem 2ualified :ilipinos as used in 6u Constitution also includes
copoations at least &*U of #hich is o#ned b" ,ilipinos. This is ve" clea fom the poceedin(s of the 1+H&
Constitutional Commission
T1E PRE'27ENT. Commissione 7avide is eco(ni5ed.
MR. 7AE27E. 2 #ould li.e to intoduce an amendment to the Nolledo
amendment. And the amendment #ould consist in substitutin( the #ods
)O<A=2,2E7 ,2=2P2N6') #ith the follo#in(0 )C2T2JEN' 6, T1E P12=2PP2NE'
6R C6RP6RAT26N' 6R A''6C2AT26N' ;16'E CAP2TA= 6R
C6NTR6==2N- 'T6C9 2' ;16==K 6;NE7 BK '<C1 C2T2JEN'.
333 333 333
MR. M6N'67. Madam Pesident, appaentl" the poponent is a(eeable, but #e
have to aise a !uestion. 'uppose it is a copoation that is H*-pecent ,ilipino,
do #e not (ive it pefeence4
MR. 7AE27E. The Nolledo amendment #ould efe to an individual ,ilipino. ;hat
about a copoation #holl" o#ned b" ,ilipino citi5ens4
MR. M6N'67. At least &* pecent, Madam Pesident.
MR. 7AE27E. 2s that the intention4
MR. M6N'67. Kes, because, in fact, #e #ould be limitin( it if #e sa" that the
pefeence should onl" be 1**-pecent ,ilipino.
MR0 7AE27E. 2 #ant to (et that meanin( clea because )O<A=2,2E7 ,2=2P2N6')
ma" efe onl" to individuals and not to 8uidical pesonalities o entities.
MR. M6N'67. ;e a(ee, Madam Pesident.
39
333 333 333
MR. R67R2-6. Befoe #e vote, ma" 2 e!uest that the amendment be ead
a(ain.
MR. N6==E76. The amendment #ill ead0 )2N T1E -RANT 6, R2-1T',
PR2E2=E-E' AN7 C6NCE''26N' C6EER2N- T1E NAT26NA= EC6N6MK
AN7 PATR2M6NK, T1E 'TATE '1A== -2EE PRE,ERENCE T6 O<A=2,2E7
,2=2P2N6'.) And the #od ),ilipinos) hee, as intended b" the poponents, #ill
include not onl" individual ,ilipinos but also ,ilipino-contolled entities o entities
full"-contolled b" ,ilipinos.
4*
The phase pefeence to !ualified ,ilipinos #as e3plained thus C
H$
MR. ,6J. Madam Pesident, 2 #ould li.e to e!uest Commissione Nolledo to
please estate his amendment so that 2 can as. a !uestion.
MR. N6==E76. )2N T1E -RANT 6, R2-1T', PR2E2=E-E' AN7
C6NCE''26N' C6EER2N- T1E NAT26NA= EC6N6MK AN7 PATR2M6NK,
T1E 'TATE '1A== -2EE PRE,ERENCE T6 O<A=2,2E7 ,2=2P2N6'.)
MR ,6J. 2n connection #ith that amendment, if a foei(n entepise is !ualified
and a ,ilipino entepise is also !ualified, #ill the ,ilipino entepise still be (iven
a pefeence4
MR. N6==E76. 6bviousl".
MR. ,6J. 2f the foei(ne is moe !ualified in some aspects than the ,ilipino
entepise, #ill the ,ilipino still be pefeed4
MR. N6==E76. The ans#e is )"es.)
MR. ,6J. Than. "ou,
41
E3poundin( futhe on the :ilipino :irst olicy povision Commissione Nolledo continues C
MR. N6==E76. Kes, Madam Pesident. 2nstead of )M<'T,) it #ill be )'1A== C T1E 'TATE
'1A== -lEE PRE,ERENCE T6 O<A=2,2E7 ,2=2P2N6'. This embodies the so-called ),ilipino
,ist) polic". That means that ,ilipinos should be (iven pefeence in the (ant of concessions,
pivile(es and i(hts covein( the national patimon".
42
The e3chan(e of vie#s in the sessions of the Constitutional Commission e(adin( the sub8ect povision #as still
futhe claified b" Commissione Nolledo
43
N
Paa(aph $ of 'ection 1* e3plicitl" mandates the )Po-,ilipino) bias in all economic concens. 2t
is bette .no#n as the ,2=2P2N6 ,2R'T Polic" . . . This povision #as neve found in pevious
Constitutions . . . .
The tem )!ualified ,ilipinos) simpl" means that pefeence shall be (iven to those citi5ens #ho
can ma.e a viable contibution to the common (ood, because of cedible competence and
efficienc". 2t cetainl" does N6T mandate the pampein( and pefeential teatment to ,ilipino
citi5ens o o(ani5ations that ae incompetent o inefficient, since such an indisciminate
pefeence #ould be counte poductive and inimical to the common (ood.
2n the (antin( of economic i(hts, pivile(es, and concessions, #hen a choice has to be made
bet#een a )!ualified foei(ne) end a )!ualified ,ilipino,) the latte shall be chosen ove the
fome.)
=astl", the #od 2ualified is also deteminable. Petitione #as so consideed b" espondent -'2' and selected as
one of the 2ualified bidders. 2t #as pe-!ualified b" espondent -'2' in accodance #ith its o#n (uidelines so that
the sole infeence hee is that petitione has been found to be possessed of poven mana(ement e3petise in the
hotel indust", o it has si(nificant e!uit" o#neship in anothe hotel compan", o it has an oveall mana(ement
and ma.etin( poficienc" to successfull" opeate the Manila 1otel.
44
The penchant to t" to #hittle a#a" the mandate of the Constitution b" a(uin( that the sub8ect povision is not
self-e3ecuto" and e!uies implementin( le(islation is !uite distubin(. The attempt to violate a clea
constitutional povision C b" the (ovenment itself C is onl" too distessin(. To adopt such a line of easonin( is
H@
to enounce the dut" to ensue faithfulness to the Constitution. ,o, even some of the povisions of the
Constitution #hich evidentl" need implementin( le(islation have 8uidical life of thei o#n and can be the souce of
a 8udicial emed". ;e cannot simpl" affod the (ovenment a defense that aises out of the failue to enact futhe
enablin(, implementin( o (uidin( le(islation. 2n fine, the discouse of ,. Boa!uin -. Benas, '.B., on
constitutional (ovenment is apt C
The e3ecutive depatment has a constitutional dut" to implement la#s, includin( the Constitution,
even befoe Con(ess acts C povided that thee ae discoveable le(al standads fo e3ecutive
action. ;hen the e3ecutive acts, it must be (uided b" its o#n undestandin( of the constitutional
command and of applicable la#s. The esponsibilit" fo eadin( and undestandin( the
Constitution and the la#s is not the sole peo(ative of Con(ess. 2f it #ee, the e3ecutive #ould
have to as. Con(ess, o pehaps the Cout, fo an intepetation eve" time the e3ecutive is
confonted b" a constitutional command. That is not ho# constitutional (ovenment opeates.
4+
Respondents futhe a(ue that the constitutional povision is addessed to the 'tate, not to espondent -'2'
#hich b" itself possesses a sepaate and distinct pesonalit". This a(ument a(ain is at best specious. 2t is
undisputed that the sale of %1U of the M1C could onl" be caied out #ith the pio appoval of the 'tate actin(
thou(h espondent Committee on Pivati5ation. As coectl" pointed out b" ,. Boa!uin -. Benas, '.B., this fact
alone ma.es the sale of the assets of espondents -'2' and M1C a )state action.) 2n constitutional
8uispudence, the acts of pesons distinct fom the (ovenment ae consideed )state action) coveed b" the
Constitution >1? #hen the activit" it en(a(es in is a ?public functionI? >$? #hen the (ovenment is so si(nificantl"
involved #ith the pivate acto as to ma.e the (ovenment esponsible fo his actionI and, >@? #hen the
(ovenment has appoved o authoi5ed the action. 2t is evident that the act of espondent -'2' in sellin( %1U of
its shae in espondent M1C comes unde the second and thid cate(oies of )state action.) ;ithout doubt
theefoe the tansaction. althou(h enteed into b" espondent -'2', is in fact a tansaction of the 'tate and
theefoe sub8ect to the constitutional command.
46
;hen the Constitution addesses the 'tate it efes not onl" to the people but also to the (ovenment as elements
of the 'tate. Afte all, (ovenment is composed of thee >@? divisions of po#e C le(islative, e3ecutive and
8udicial. Accodin(l", a constitutional mandate diected to the 'tate is coespondin(l" diected to the thee>@?
banches of (ovenment. 2t is undeniable that in this case the sub8ect constitutional in8unction is addessed amon(
othes to the E3ecutive 7epatment and espondent -'2', a (ovenment instumentalit" deivin( its authoit" fom
the 'tate.
2t should be stessed that #hile the Mala"sian fim offeed the hi(he bid it is not "et the #innin( bidde. The
biddin( ules e3pessl" povide that the hi(hest bidde shall onl" be declaed the #innin( bidde afte it has
ne(otiated and e3ecuted the necessa" contacts, and secued the e!uisite appovals. 'ince the ):ilipino :irst
olicy povision of the Constitution besto#s pefeence on !ualified ,ilipinos the mee tendin( of the hi(hest bid is
not an assuance that the hi(hest bidde #ill be declaed the #innin( bidde. Resultantl", espondents ae not
bound to ma.e the a#ad "et, no ae the" unde obli(ation to ente into one #ith the hi(hest bidde. ,o in
choosin( the a#adee espondents ae mandated to abide b" the dictates of the 1+H/ Constitution the povisions
of #hich ae pesumed to be .no#n to all the biddes and othe inteested paties.
Adhein( to the doctine of constitutional supemac", the sub8ect constitutional povision is, as it should be,
impliedl" #itten in the biddin( ules issued b" espondent -'2', lest the biddin( ules be nullified fo bein(
violative of the Constitution. 2t is a basic pinciple in constitutional la# that all la#s and contacts must confom
#ith the fundamental la# of the land. Those #hich violate the Constitution lose thei eason fo bein(.
Paa(aph E. B. 1 of the biddin( ules povides that JifK for any reason the Gi)hest ;idder cannot be a!arded the
;loc+ of 'hares" G',' may offer this to other Fualified ;idders that have validly submitted bids provided that
these Fualified ;idders are !illin) to match the hi)hest bid in terms of price per
share.
4)
Cetainl", the constitutional mandate itself is reason enou)h not to a#ad the bloc. of shaes
immediatel" to the foei(n bidde not#ithstandin( its submission of a hi(he, o even the hi(hest, bid. 2n fact, #e
cannot conceive of a ston(e eason than the constitutional in8unction itself.
HA
2n the instant case, #hee a foei(n fim submits the hi(hest bid in a public biddin( concenin( the (ant of i(hts,
pivile(es and concessions covein( the national econom" and patimon", theeb" e3ceedin( the bid of a ,ilipino,
thee is no !uestion that the ,ilipino #ill have to be allo#ed to match the bid of the foei(n entit". And if the
,ilipino matches the bid of a foei(n fim the a#ad should (o to the ,ilipino. 2t must be so if #e ae to (ive life and
meanin( to the :ilipino :irst olicy povision of the 1+H/ Constitution. ,o, #hile this ma" neithe be e3pessl"
stated no contemplated in the biddin( ules, the constitutional fiat is, omnipesent to be simpl" dise(aded. To
i(noe it #ould be to sanction a peilous s.itin( of the basic la#.
This Cout does not discount the appehension that this polic" ma" discoua(e foei(n investos. But the
Constitution and la#s of the Philippines ae undestood to be al#a"s open to public scutin". These ae (iven
factos #hich investos must conside #hen ventuin( into business in a foei(n 8uisdiction. An" peson theefoe
desiin( to do business in the Philippines o #ith an" of its a(encies o instumentalities is pesumed to .no# his
i(hts and obli(ations unde the Constitution and the la#s of the foum.
The a(ument of espondents that petitione is no# estopped fom !uestionin( the sale to Renon( Behad since
petitione #as #ell a#ae fom the be(innin( that a foei(ne could paticipate in the biddin( is meitless.
<ndoubtedl", ,ilipinos and foei(nes ali.e #ee invited to the biddin(. But foei(nes ma" be a#aded the sale
onl" if no ,ilipino !ualifies, o if the !ualified ,ilipino fails to match the hi(hest bid tendeed b" the foei(n entit". 2n
the case befoe us, #hile petitione #as alead" pefeed at the inception of the biddin( because of the
constitutional mandate, petitione had not "et matched the bid offeed b" Renon( Behad. Thus it did not have the
i(ht o pesonalit" then to compel espondent -'2' to accept its ealie bid. Ri(htl", onl" afte it had matched the
bid of the foei(n fim and the appaent dise(ad b" espondent -'2' of petitione:s matchin( bid did the latte
have a cause of action.
Besides, thee is no time fame fo invo.in( the constitutional safe(uad unless pehaps the a#ad has been
finall" made. To insist on sellin( the Manila 1otel to foei(nes #hen thee is a ,ilipino (oup #illin( to match the
bid of the foei(n (oup is to insist that (ovenment be teated as an" othe odina" ma.et pla"e, and bound b"
its mista.es o (oss eos of 8ud(ment, e(adless of the conse!uences to the ,ilipino people. The
miscompehension of the Constitution is e(ettable. Thus #e #ould athe emed" the indiscetion #hile thee is
still an oppotunit" to do so than let the (ovenment develop the habit of fo(ettin( that the Constitution la"s do#n
the basic conditions and paametes fo its actions.
'ince petitione has alead" matched the bid pice tendeed b" Renon( Behad pusuant to the biddin( ules,
espondent -'2' is left #ith no altenative but to a#ad to petitione the bloc. of shaes of M1C and to e3ecute
the necessa" a(eements and documents to effect the sale in accodance not onl" #ith the biddin( (uidelines
and pocedues but #ith the Constitution as #ell. The efusal of espondent -'2' to e3ecute the coespondin(
documents #ith petitione as povided in the biddin( ules afte the latte has matched the bid of the Mala"sian
fim cleal" constitutes (ave abuse of discetion.
The :ilipino :irst olicy is a poduct of Philippine nationalism. 2t is embodied in the 1+H/ Constitution not meel"
to be used as a (uideline fo futue le(islation but pimail" to be enfocedI so must it be enfoced. This Cout as
the ultimate (uadian of the Constitution #ill neve shun, unde an" easonable cicumstance, the dut" of
upholdin( the ma8est" of the Constitution #hich it is tas.ed to defend. 2t is #oth emphasi5in( that it is not the
intention of this Cout to impede and diminish, much less undemine, the influ3 of foei(n investments. ,a fom it,
the Cout encoua(es and #elcomes moe business oppotunities but avo#edl" sanctions the pefeence fo
,ilipinos #heneve such pefeence is odained b" the Constitution. The position of the Cout on this matte could
have not been moe appopiatel" aticulated b" Chief Bustice Navasa C
As scupulousl" as it has tied to obseve that it is not its function to substitute its 8ud(ment fo
that of the le(islatue o the e3ecutive about the #isdom and feasibilit" of le(islation economic in
natue, the 'upeme Cout has not been spaed citicism fo decisions peceived as obstacles to
economic po(ess and development . . . in connection #ith a tempoa" in8unction issued b" the
Cout:s ,ist 7ivision a(ainst the sale of the Manila 1otel to a Mala"sian ,im and its patne,
cetain statements #ee published in a ma8o dail" to the effect that in8unction )a(ain
demonstates that the Philippine le(al s"stem can be a ma8o obstacle to doin( business hee.
H%
=et it be stated fo the ecod once a(ain that #hile it is no business of the Cout to intevene in
contacts of the .ind efeed to o set itself up as the 8ud(e of #hethe the" ae viable o
attainable, it is its bounden dut" to ma.e sue that the" do not violate the Constitution o the la#s,
o ae not adopted o implemented #ith (ave abuse of discetion amountin( to lac. o e3cess of
8uisdiction. 2t #ill neve shi. that dut", no matte ho# buffeted b" #inds of unfai and ill-infomed
citicism.
48
Pivati5ation of a business asset fo puposes of enhancin( its business viabilit" and peventin( futhe losses,
e(adless of the chaacte of the asset, should not ta.e pecedence ove non-mateial values. A commecial, na"
even a bud(eta", ob8ective should not be pusued at the e3pense of national pide and di(nit". ,o the
Constitution enshines hi(he and noble non-mateial values. 2ndeed, the Cout #ill al#a"s defe to the
Constitution in the pope (ovenance of a fee societ"I afte all, thee is nothin( so sacosanct in an" economic
polic" as to da# itself be"ond 8udicial evie# #hen the Constitution is involved.
49
Nationalism is inheent, in the ve" concept of the Philippines bein( a democatic and epublican state, #ith
soveei(nt" esidin( in the ,ilipino people and fom #hom all (ovenment authoit" emanates. 2n nationalism, the
happiness and #elfae of the people must be the (oal. The nation-state can have no hi(he pupose. An"
intepetation of an" constitutional povision must adhee to such basic concept. Potection of foei(n investments,
#hile laudible, is meel" a polic". 2t cannot oveide the demands of nationalism.
+*
The Manila 1otel o, fo that matte, %1U of the M1C, is not 8ust an" commodit" to be sold to the hi(hest bidde
solel" fo the sa.e of pivati5ation. ;e ae not tal.in( about an odina" piece of popet" in a commecial distict.
;e ae tal.in( about a histoic elic that has hosted man" of the most impotant events in the shot histo" of the
Philippines as a nation. ;e ae tal.in( about a hotel #hee heads of states #ould pefe to be housed as a ston(
manifestation of thei desie to cloa. the di(nit" of the hi(hest state function to thei official visits to the
Philippines. Thus the Manila 1otel has pla"ed and continues to pla" a si(nificant ole as an authentic eposito" of
t#entieth centu" Philippine histo" and cultue. 2n this sense, it has become tul" a eflection of the ,ilipino soul
C a place !ith a history of )randeur1 a most historical settin) that has played a part in the shapin) of a country.
+1
This Cout cannot e3tact h"me no eason fom the detemined effots of espondents to sell the histoical
landma. C this Grand 5ld >ame of hotels in Asia C to a total stan(e. ,o, indeed, the conve"ance of this epic
e3ponent of the ,ilipino ps"che to alien hands cannot be less than mephistophelian fo it is, in #hateve manne
vie#ed, a veitable alienation of a nation:s soul fo some pieces of foei(n silve. And so #e as.0 ;hat advanta(e,
#hich cannot be e!uall" da#n fom a !ualified ,ilipino, can be (ained b" the ,ilipinos Manila 1otel C and all that
it stands fo C is sold to a non-,ilipino4 1o# much of national pide #ill vanish if the nation:s cultual heita(e is
entusted to a foei(n entit"4 6n the othe hand, ho# much di(nit" #ill be peseved and eali5ed if the national
patimon" is safe.ept in the hands of a 2ualified, 5ealous and #ell-meanin( ,ilipino4 This is the plain and simple
meanin( of the :ilipino :irst olicy povision of the Philippine Constitution. And this Cout, heedin( the claion call
of the Constitution and acceptin( the dut" of bein( the eldel" #atchman of the nation, #ill continue to espect and
potect the sanctit" of the Constitution.
;1ERE,6RE, espondents -6EERNMENT 'ERE2CE 2N'<RANCE 'K'TEM, MAN2=A 16TE=
C6RP6RAT26N, C6MM2TTEE 6N PR2EAT2JAT26N and 6,,2CE 6, T1E -6EERNMENT C6RP6RATE
C6<N'E= ae diected to CEA'E and 7E'2'T fom sellin( %1U of the shaes of the Manila 1otel Copoation to
REN6N- BER1A7, and to ACCEPT the matchin( bid of petitione MAN2=A PR2NCE 16TE= C6RP6RAT26N to
puchase the sub8ect %1U of the shaes of the Manila 1otel Copoation at PAA.** pe shae and theeafte to
e3ecute the necessa" cleaances and to do such othe acts and deeds as ma" be necessa" fo pupose.
'6 6R7ERE7.
Re)alado" >avide" 6r." Romero" -apunan" :rancisco and Germosisima" 6r." 66." concur.

H&


Se#$r$te O#%&%o&'

P!"LL!, J., concuin(0
2 concu #ith the ponencia of M. Bustice Bellosillo. At the same time, 2 #ould li.e to e3pound a bit moe on the
concept of national patimon" as includin( #ithin its scope and meanin( institutions such as the Manila 1otel.
2t is a(ued b" petitione that the Manila 1otel comes unde )national patimon") ove #hich !ualified ,ilipinos
have the pefeence, in o#neship and opeation. The Constitutional povision on point states0
333 333 333
2n the (ant of i(hts, pivile(es, and concessions covein( the national econom" and patimon",
the 'tate shall -ive pefeence to !ualified ,ilipinos.
1
Petitione:s a(ument, 2 believe, is #ell ta.en. <nde the 1+H/ Constitution, )national patimon") consists of the
natual esouces povided b" Almi(ht" -od >Peamble? in ou teito" >Aticle 2? consistin( of land, sea, and
ai.
2
stud" of the 1+@% Constitution, #hee the concept of )national patimon") oi(inated, #ould sho# that its
fames decided to adopt the even moe compehensive e3pession )Patimon" of the Nation) in the belief that the
phase encicles a concept embacin( not onl" thei natual esouces of the count" but pacticall" eve"thin( that
belon(s to the ,ilipino people, the tan(ible and the mateial as #ell as the intan(ible and the spiitual assets and
possessions of the people. 2t is to be noted that the fames did not stop #ith consevation. The" .ne# that
consevation alone does not spell po(essI and that this ma" be achieved onl" thou(h development as a
coelative facto to assue to the people not onl" the e3clusive o#neship, but also the e3clusive benefits of thei
national patimon"?.
3
Moeove, the concept of national patimon" has been vie#ed as efein( not onl" to ou ich natual esouces
but also to the cultual heita(e of ou
ace.
4
Thee is no doubt in m" mind that the Manila 1otel is ve" much a pat of ou national patimon" and, as such,
deseves constitutional potection as to #ho shall o#n it and benefit fom its opeation. This institution has pla"ed
an impotant ole in ou nation:s histo", havin( been the venue of man" a histoical event, and sevin( as it did,
and as it does, as the Philippine -uest 1ouse fo visitin( foei(n heads of state, di(nitaies, celebities, and
othes.
+
2t is theefoe ou dut" to potect and peseve it fo futue (eneations of ,ilipinos. As Pesident Manuel =.
Oue5on once said, #e must e3ploit the natual esouces of ou count", but #e should do so #ith. an e"e to the
#elfae of the futue (eneations. 2n othe #ods, the leades of toda" ae the tustees of the patimon" of ou
ace. To peseve ou national patimon" and eseve it fo ,ilipinos #as the intent of the distin(uished (entlemen
#ho fist famed ou Constitution. Thus, in debatin( the need fo nationali5ation of ou lands and natual
esouces, one e3pounded that #e should )put moe teeth into ou la#s, andI not ma.e the nationali5ation of ou
lands and natual esouces a sub8ect of odina" le(islation but of constitutional enactment)
6
To !uote futhe0
)=et not ou childen be mee tenants and tespasses in thei o#n count". =et us peseve and be!ueath to them
#hat is i(htfull" theis, fee fom all foei(n liens and encumbances).
)
H/
No#, a #od on pefeence. 2n m" vie# )pefeence to !ualified ,ilipinos), to be meanin(ful, must efe not onl" to
thin(s that ae peipheal, collateal, o tan(ential. 2t must touch and affect the ve" )heat of the e3istin( ode.) 2n
the field of public biddin( in the ac!uisition of thin(s that petain to the national patimon", pefeence to !ualified
,ilipinos must allo# a !ualified ,ilipino to match o e!ual the hi(he bid of a non-,ilipinoI the pefeence shall not
opeate onl" #hen the bids of the !ualified ,ilipino and the non-,ilipino ae e!ual in #hich case, the a#ad should
undisputedl" be made to the !ualified ,ilipino. The Constitutional pefeence should (ive the !ualified ,ilipino an
oppotunit" to match o e!ual the hi(he bid of the non-,ilipino bidde if the pefeence of the !ualified ,ilipino
bidde is to be si(nificant at all.
2t is tue that in this pesent a(e of (lobali5ation of attitude to#ads foei(n investments in ou count", stess is on
the elimination of baies to foei(n tade and investment in the count". ;hile (ovenment a(encies, includin(
the couts should e-condition thei thin.in( to such a tend, and ma.e it eas" and even attactive fo foei(n
investos to come to ou shoes, "et #e should not peclude ouselves fom esevin( to us ,ilipinos cetain aeas
#hee ou national identit", cultue and heita(e ae involved. 2n the hotel indust", fo instance, foei(n investos
have established themselves ceditabl", such as in the 'han(i-=a, the Ni..o, the Peninsula, and Mandain
1otels. This should not stop us fom etainin( %1U of the capital stoc. of the Manila 1otel Copoation in the
hands of ,ilipinos. This #ould be in .eepin( #ith the intent of the ,ilipino people to peseve ou national
patimon", includin( ou histoical and cultual heita(e in the hands of ,ilipinos.
7TUG, J., concuin(0
2 a(ee #ith M. Bustice Bosue N. Bellosillo on his clea-cut statements, shaed b" M. Bustice Re"nato '. Puno in
a #ell #itten sepaate >dissentin(? opinion, that0
:irst, the povision in ou fundamental la# #hich povides that )>2?n the (ant of i(hts, pivile(es, and concessions
covein( the national econom" and patimon", the 'tate shall (ive pefeence to !ualified ,ilipinos)
1
is self-
e3ecuto". The povision veil" does not need, althou(h it can obviousl" be amplified o e(ulated b", an enablin(
la# o a set of ules.
'econd, the tem )patimon") does not meel" efe to the count":s natual esouces but also to its cultual
heita(e. A )histoical landma.,) to use the #ods of M. Bustice Busto P. Toes, B., Manila 1otel has no# indeed
become pat of Philippine heita(e.
8hird, the act of the -ovenment 'evice 2nsuance '"stem >)-'2')?, a (ovenment entit" #hich deives its
authoit" fom the 'tate, in sellin( %1U of its shae in M1C should be consideed an act of the 'tate sub8ect to the
Constitutional mandate.
6n the pivotal issue of the de(ee of )pefeence to !ualified ,ilipinos,) 2 find it some#hat difficult to ta.e the same
path tavesed b" the foceful easonin( of Bustice Puno. 2n the paticula case befoe us, the onl" meanin(ful
pefeence, it seems, #ould eall" be to allo# the !ualified ,ilipino to match the foei(n bid fo, as a paticula
matte, 2 cannot see an" bid that liteall" calls fo millions of dollas to be at pa >to the last cent? #ith anothe. The
ma(nitude of the ma(nitude of the bids is such that it becomes hadl" possible fo the competin( bids to stand
e3actl" )e!ual) #hich alone, unde the dissentin( vie#, could ti((e the i(ht of pefeence.
2t is most unfotunate that Renon( Behad has not been spaed this (eat disappointment, a letdo#n that it did not
deseve, b" a simple and timel" advise of the pope ules of biddin( alon( #ith the peculia constitutional
implications of the poposed tansaction. 2t is also e(ettable that the Cout at time is seen, to instead, be the
efu(e fo bueaucatic inade!uate #hich ceate the peception that it even ta.es on non-8usticiable contovesies.
All told, 2 am constained to vote fo (antin( the petition.
MEN"O(!, J., concuin( in the 8ud(ment0
HH
2 ta.e the vie# that in the conte3t of the pesent contoves" the onl" #a" to enfoce the constitutional mandate
that )FiGn the (ant of i(hts, pivile(es and concessions covein( the national patimon" the 'tate shall (ive
pefeence to !ualified ,ilipinos)
1
is to allo# petitione Philippine copoation to e!ual the bid of the Mala"sian fim
Renon( Behad fo the puchase of the contollin( shaes of stoc.s in the Manila 1otel Copoation. 2ndeed, it is
the onl" #a" a !ualified ,ilipino of Philippine copoation can be (iven preference in the en8o"ment of a i(ht,
pivile(e o concession (iven b" the 'tate, b" favoin( it ove a foei(n national copoation.
<nde the ules on public biddin( of the -ovenment 'evice and 2nsuance '"stem, if petitione and the
Mala"sian fim had offeed the same pice pe shae, )pioit" F#ould be (ivenG to the bidde see.in( the la(e
o#neship inteest in M1C,)
2
so that petitione bid fo moe shaes, it #ould be pefeed to the Mala"sian
copoation fo that eason and not because it is a Philippine copoation. Conse!uentl", it is onl" in cases li.e the
pesent one, #hee an alien copoation is the hi(hest bidde, that pefeential teatment of the Philippine
copoation is mandated not b" declain( it #inne but b" allo#in( it )to match the hi(hest bid in tems of pice pe
shae) befoe it is a#aded the shaes of stoc.s.
3
That, to me, is #hat )pefeence to !ualified ,ilipinos) means in
the conte3t of this case C b" favoin( ,ilipinos #heneve the" ae at a disadvanta(e vis-a-vis foei(nes.
This #as the meanin( (iven in (o (hion) v. (uaderno
4
to a 1+A/ statute (ivin( )pefeence to ,ilipino citi5ens in
the lease of public ma.et stalls.)
+
This Cout upheld the cancellation of e3istin( leases covein( ma.et stalls
occupied b" pesons #ho #ee not ,ilipinos and the a#ad theeafte of the stalls to !ualified ,ilipino vendos as
odeed b" the 7epatment of ,inance. 'imilal", in Vda. de 'al)ado v. >e la :uente,
6
this Cout sustained the
validit" of a municipal odinance passed pusuant to the statute >R.A. No. @/?, teminatin( e3istin( leases of public
ma.et stalls and (antin( pefeence to ,ilipino citi5ens in the issuance of ne# licenses fo the occupanc" of the
stalls. 2n (hua Lao v. Raymundo,
)
the pefeence (anted unde the statute #as held to appl" to cases in #hich
,ilipino vendos sou(ht the same stalls occupied b" alien vendos in the public ma.ets even if thee #ee
available othe stalls as (ood as those occupied b" aliens. )The la#, appaentl", is applicable #heneve thee is a
conflict of inteest bet#een ,ilipino applicants and aliens fo lease of stalls in public ma.ets, in #hich situation the
i(ht to pefeence immediatel" aises.)
8
6u le(islation on the matte thus antedated b" a !uate of a centu" effots be(an onl" in the 1+/*s in Ameica
to eali5e the pomise of e!ualit", thou(h affimative action and evese discimination po(ams desi(ned to
emed" past discimination a(ainst coloed people in such aeas as emplo"ment, contactin( and
licensin(.
9
2ndeed, in vital aeas of ou national econom", thee ae situations in #hich the onl" #a" to place
,ilipinos in contol of the national econom" as contemplated in the Constitution
1*
is to (ive them pefeential
teatment #hee the" can at least stand on e!ual footin( #ith aliens.
Thee need be no fea that thus pefein( ,ilipinos #ould eithe invite foei(n etaliation o depive the count" of
the benefit of foei(n capital o .no#-ho#. ;e ae dealin( hee not #ith common tades of common means of
livelihood #hich ae open to aliens in ou midst,
11
but #ith the sale of (ovenment popet", #hich is li.e the (ant
of (ovenment la(ess of benefits and concessions covein( the national econom") and theefoe no one should
be(ud(e us if #e (ive pefeential teatment to ou citi5ens. That at an" ate is the command of the Constitution.
,o the Manila 1otel is a business o#ned b" the -ovenment. 2t is bein( pivati5ed. Pivati5ation should esult in
the elin!uishment of the business in favo of pivate individuals and (oups #ho ae ,ilipino citi5ens, not in favo
of aliens.
No should thee be an" doubt that b" a#adin( the shaes of stoc.s to petitione #e #ould be tadin(
competence and capabilit" fo nationalism. Both petitione and the Mala"sian fim ae !ualified, havin( hudled
the pe!ualification pocess.
12
2t is onl" the esult of the public biddin( that is sou(ht to be modified b" enablin(
petitione to up its bid to e!ual the hi(hest bid.
No, finall", is thee an" basis fo the su((estion that to allo# a ,ilipino bidde to match the hi(hest bid of an alien
could encoua(e speculation, since all that a ,ilipino entit" #ould then do #ould be not to ma.e a bid o ma.e
onl" a to.en one and, afte it is .no#n that a foei(n bidde has submitted the hi(hest bid, ma.e an offe matchin(
that of the foei(n fim. This is not possible unde the ules on public biddin( of the -'2'. <nde these ules thee
is a minimum bid e!uied >P@&.H/ pe shae fo a an(e of + to 1% million shaes?.
13
Bids belo# the minimum #ill
not be consideed. 6n the othe hand, if the ,ilipino entit", afte passin( the pe!ualification pocess, does not
H+
submit a bid, he #ill not be allo#ed to match the hi(hest bid of the foei(n fim because this is a pivile(e allo#ed
onl" to those #ho have )validl" submitted bids.)
14
The su((estion is, to sa" the least, fanciful and has no basis in
fact.
,o the foe(oin( easons, 2 vote to (ant the petition.
TORRES, .R., J., sepaate opinion0
Constanc" in la# is not an attibute of a 8udicious mind. 2 sa" this as #e ae not confonted in the case at ba #ith
le(al and constitutional issues C and "et 2 am diven so to spea. on the side of histo". The eason pehaps is
due to the belief that in the #ods of Bustice 6live ;endell 1olmes, B., a )pa(e of histo" is #oth a volume of
lo(ic.)
2 #ill, ho#eve, attempt to shae m" thou(hts on #hethe the Manila 1otel has a histoical and cultual aspect
#ithin the meanin( of the constitution and thus, fomin( pat of the )patimon" of the nation).
'ection 1*, Aticle D22 of the 1+H/ Constitution povides0
333 333 333
2n the (ant of i(hts, pivile(es, and concessions covein( the national econom" and patimon",
the 'tate shall (ive pefeence to !ualified ,ilipinos.
The 'tate shall e(ulate and e3ecise authoit" ove foei(n investments #ithin its national (oals
and pioities.
The foe(oin( povisions should be ead in con8unction #ith Aticle 22 of the same Constitution petainin( to
)7eclaation of Pinciples and 'tate Policies) #hich odain C
The 'tate shall develop a self-eliant and independent national econom" effectivel" b" ,ilipinos.
>'ec. 1+?.
2nteestin(l", the matte of (ivin( pefeence to )!ualified ,ilipinos) #as one of the hi(hli(hts in the 1+H/
Constitution Commission poceedin(s thus0
333 333 333
MR. N6==E76. The Amendment #ill ead0 )2N T1E -RANT 6,
R2-1T', PR2E2=E-E' AN7 C6NCE''26N' C6EER2N- T1E
NAT26NA= EC6N6MK AN7 PATR2M6NK, T1E 'TATE '1A==
-2EE PRE,ERENCE T6 O<A=2,2E7 ,2=2P2N6'). And the #od
),ilipinos) hee, as intended b" the poponents, #ill include not
onl" individual ,ilipinos but also ,ilipino-Contolled entities full"
contolled b" ,ilipinos >Eol. 222, Recods of the Constitutional
Commission, p. &*H?.
MR. M6N'67. ;e also #anted to add, as Commissione
Eille(as said, this committee and this bod" alead" appoved
#hat is .no#n as the ,ilipino ,ist polic" #hich #as su((ested
b" Commissione de Casto. 'o that it is no# in ou Constitution
>Eol. 2E, Recods of the Constitutional Commission, p. $$%?.
Commissione Bose Nolledo e3plainin( the povision adveted to above, said0
+*
MR. N6==E76. 2n the (ant of i(hts, pivile(es and
concessions covein( the national econom" and patimon", the
'tate shall (ive pefeence to !ualified ,ilipinos.
MR. ,6J. 2n connection #ith that amendment, if a foei(n
entepise is !ualified and the ,ilipinos entepise is also
!ualified, #ill the ,ilipino entepise still be (iven a pefeence4
MR. N6==E76. 6bviousl".
MR. ,6J. 2f the foei(ne is moe !ualified in some aspects than
the ,ilipino entepise, #ill the ,ilipino still be pefeed04
MR. N6==E76. The ans#e is )"es). >Eol. 222, p. &1&, Recods of
the Constitutional Commission?.
The nationalistic povisions of the 1+H/ Constitution eflect the histo" and spiit of the Malolos Constitution of
1H+H, the 1+@% Constitution and the 1+/@ Constitutions. That #e have no ene(ed on this nationalist polic" is
aticulated in one of the ealiest case, this Cout said C
The nationalistic tendenc" is manifested in vaious povisions of the Constitution. . . . 2t cannot
theefoe be said that a la# imbued #ith the same pupose and spiit undel"in( man" of the
povisions of the Constitution is uneasonable, invalid o unconstitutional >2chon(, et al. vs.
1enande5, et al., 1*1 Phil. 11%%?.
2 subscibe to the vie# that histo", cultue, heita(e, and taditions ae not le(islated and is the poduct of events,
customs, usa(es and pactices. 2t is actuall" a poduct of (o#th and acceptance b" the collectivemores of a ace.
2t is the spiit and soul of a people.
The Manila 1otel is pat of ou histo", cultue and heita(e. Eve" inch of the Manila 1otel is #itness to histoic
events >too numeous to mention? #hich shaped ou histo" fo almost HA "eas.
As 2 intimated ealie, it is not m" position in this opinion, to e3amine the sin(le instances of the le(al la(ese
#hich have (iven ise to this contoves". As 2 believe that has been e3haustivel" discussed in the ponencia.
'uffice it to sa" at this point that the histo" of the Manila 1otel should not be placed in the auction bloc. of a
puel" business tansaction, #hee pofits subvets the cheished histoical values of ou people.
As a histoical landma. in this )Peal of the 6ient 'eas), it has its enviable tadition #hich, in the #ods of the
philosophe 'alvado de Madaia(a tadition is )moe of a ive than a stone, it .eeps flo#in(, and one must vie#
the flo#in( , and one must vie# the flo# of both diections. 2f "ou loo. to#ads the hill fom #hich the ive flo#s,
"ou see tadition in the fom of foceful cuents that push the ive o people to#ads the futue, and if "ou loo.
the othe #a", "ou po(ess.)
2ndeed, tadition and po(ess ae the same, fo po(ess depends on the .ind of tadition. =et us not 8ettison the
tadition of the Manila 1otel and theeb" epeat ou colonial histo".
2 (ant, of couse the men of the la# can see the same sub8ect in diffeent li(hts.
2 emembe, ho#eve, a 'panish poveb #hich sa"s C )1e is al#a"s i(ht #ho suspects that he ma.es
mista.es). 6n this note, 2 sa" that if 2 have to ma.e a mista.e, 2 #ould athe e upholdin( the belief that the
,ilipino be fist unde his Constitution and in his o#n land.
2 vote -RANT the petition.
+1

PUNO, J., dissentin(0
This is a. petition fo pohibition and mandamus filed b" the Manila Pince 1otel Copoation, a domestic
copoation, to stop the -ovenment 'evice 2nsuance '"stem >-'2'? fom sellin( the contollin( shaes of the
Manila 1otel Copoation to a foei(n copoation. Alle(edl", the sale violates the second paa(aph of section 1*,
Aticle D22 of the Constitution.
Respondent -'2' is a (ovenment-o#ned and contolled copoation. 2t is the sole o#ne of the Manila 1otel
#hich it opeates thou(h its subsidia", the Manila 1otel Copoation. Manila 1otel #as included in the
pivati5ation po(am of the (ovenment. 2n 1++%, -'2' poposed to sell to inteested bu"es @*U to %1U of its
shaes, an(in( fom +,***,*** to 1%,@**,*** shaes, in the Manila 1otel Copoation. Afte the absence of bids
at the fist public biddin(, the bloc. of shaes offeed fo sale #as inceased fom a ma3imum of @*U to %1U.
Also, the #innin( bidde, o the eventual )state(ic patne) of the -'2' #as e!uied to )povide mana(ement
e3petise andLo an intenational ma.etin(Lesevation s"stem, and financial suppot to sten(then the pofitabilit"
and pefomance of the Manila 1otel)
1
The poposal #as appoved b" espondent Committee on Pivati5ation.
2n Bul" 1++%, a confeence #as held #hee pe!ualification documents and the biddin( ules #ee funished
inteested paties. Petitione Manila Pince 1otel, a domestic copoation, and Renon( Behad, Mala"sian fim
#ith 2TT 'heaton as opeato, pe!ualified.
2
The biddin( ules and pocedues entitled )-uidelines and Pocedues0 'econd Pe!ualification and Public
Biddin( of the M1C Pivati5ation) povide0
2 2NTR67<CT26N AN7 12-1=2-1T'
7ETERM2N2N- T1E ;2NN2N- B277ERL'TRATE-2C PARTNER
The pat" that accomplishes the steps set foth belo# #ill be declaed the ;innin(
BiddeL'tate(ic Patne and #ill be a#aded the Bloc. of 'haes0
,ist C Pass the pe!ualification pocessI
'econd C 'ubmit the hi(hest bid on a price per share basis fo the Bloc. of 'haesI
Thid C Ne(otiate and e3ecute the necessa" contacts #ith -'2'LM1C not late than 6ctobe
$@, 1++%I
333 333 333
2E -<27E=2NE' ,6R PREO<A=2,2CAT26N
A. PART2E' ;16 MAP APP=K ,6R PREO<A=2,2CAT26N
The ;innin( BiddeL'tate(ic Patne #ill be e3pected to povide mana(ement
e3petise andLo an intenational ma.etin( esevation s"stem, and financial
suppot to sten(then the pofitabilit" and pefomance of The Manila 1otel. 2n
this conte3t, the -'2' is invitin( to the pe!ualification pocess an" local andLo
foei(n copoation, consotiumL8oint ventue o 8uidical entit" #ith at least one of
the follo#in( !ualifications0
+$
a. Poven mana(ement .e3petise in the hotel indust"I o
b. 'i(nificant e!uit" o#neship >i.e. boad epesentation? in
anothe hotel compan"I o
c. 6veall mana(ement and ma.etin( e3petise to successfull"
opeate the Manila 1otel.
Paties inteested in biddin( fo M1C should be able to povide access to the
e!uisite mana(ement e3petise andLo intenational ma.etin(Lesevation
s"stem fo The Manila 1otel.
333 333 333
7. PREO<A=2,2CAT26N 76C<MENT'
333 333 333
E. APP=2CAT26N PR6CE7<RE
1. >5(.MEN8' AVA,LA;LE A8 8GE REG,'8RA8,5N 5::,(E
The pe!ualification documents can be secued at the Re(istation 6ffice
bet#een +0** AM to A0** PM duin( #o.in( da"s #ithin the peiod specified in
'ection 222. Each set of documents consists of the follo#in(0
a. -uidelines and Pocedues0 'econd Pe!ualification and
Public Biddin( of the M1C Pivati5ation
b. Confidential 2nfomation Memoandum0 The Manila 1otel
Copoation
c. =ette of 2nvitation. to the Pe!ualification and Biddin(
Confeence
333 333 333
A. REF.AL,:,(A8,5N AN> ;,>>,NG (5N:EREN(E
A pe!ualification and biddin( confeence #ill be held at The Manila 1otel on the
date specified in 'ection 222 to allo# the Applicant to see. claifications and
futhe infomation e(adin( the (uidelines and pocedues. 6nl" those #ho
puchased the pe!ualification documents #ill be allo#ed in this confeence.
Attendance to this confeence is ston(l" advised, althou(h the Applicant #ill not
be penali5ed if it does not attend.
%. '.;M,'',5N 5: REF.AL,:,(A8,5N >5(.MEN8'
The applicant should submit % sets of the pe!ualification documents >1 oi(inal
set plus A copies? at the Re(istation 6ffice bet#een +0** AM to A0** PM duin(
#o.in( da"s #ithin the peiod specified in 'ection 222.
+@
,. PREO<A=2,2CAT26N PR6CE''
1. The Applicant #ill be evaluated b" the PBAC #ith the
assistance of the TEC based on the 2nfomation Pac.a(e and
othe infomation available to the PBAC.
$. 2f the Applicant is a ConsotiumLBoint Eentue, the evaluation
#ill conside the oveall !ualifications of the (oup, ta.in( into
account the contibution of each membe to the ventue.
@. The decision of the PBAC #ith espect to the esults of the
PBAC evaluation #ill be final.
A. The Applicant shall be evaluated accodin( to the citeia set
foth belo#0
a. Business mana(ement e3petise, tac.
ecod, and e3peience
b. ,inancial capabilit".
c. ,easibilit" and acceptabilit" of the poposed
state(ic plan fo the Manila 1otel
%. The PBAC #ill shotlist such numbe of Applicants as it ma" deem appopiate.
&. The paties that pe!ualified in the fist M1C public biddin( C 2TT 'heaton,
Maiot 2ntenational 2nc., Renaissance 1otels 2ntenational 2nc., consotium of
RCBC CapitalLRit5 Calton C ma" paticipate in the Public Biddin( #ithout
havin( to unde(o the pe!ualification pocess a(ain.
-. 'G5R8L,'8 5: F.AL,:,E> ;,>>ER'
1. A notice of pe!ualification esults containin( the shotlist of Oualified Biddes
#ill be posted at the Re(istation 6ffice at the date specified in 'ection 222.
$. 2n the case of a ConsotiumLBoint Eentue, the #ithda#al b" membe #hose
!ualification #as a mateial consideation fo bein( included in the shotlist is
(ound fo dis!ualification of the Applicant.
E. -<27E=2NE' ,6R T1E P<B=2C B2772N-
A. PART2E' ;16 MAK PART2C2PATE 2N T1E P<B=2C B2772N-
All paties in the shotlist of Oualified Biddes #ill be eli(ible to paticipate in the
Public Biddin(.
B. B=6C9 6, '1ARE'
A an(e of Nine Million >+,***,***? to ,ifteen Million Thee 1unded Thousand
>1%,@**,***? shaes of stoc. epesentin( Thit" Pecent to ,ift"-6ne Pecent
>@*U-%1U? of the issued and outstandin( shaes of M1C, #ill be offeed in the
+A
Public Biddin( b" the -'2'. The Oualified Biddes #ill have the 6ption of
deteminin( the numbe of shaes #ithin the an(e to bid fo. The an(e is
intended to attact biddes #ith diffeent pefeences and ob8ectives fo the
opeation and mana(ement of The Manila 1otel.
C. M2N2M<M B27 REO<2RE7 6N A PR2CE PER '1ARE BA'2'
1. Bids #ill be evaluated on a price per share basis. The minimum bid e!uied
on a pice pe shae basis fo the Bloc. of 'haes is Thit"-'i3 Pesos and 'i3t"-
'even Centavos >P@&.&/?.
$. Bids should be in the Philippine cuenc" pa"able to the -'2'.
@. Bids submitted #ith an e!uivalent pice pe shae belo# the minimum e!uied
#ill not consideed.
7. TRAN',ER C6'T'
333 333 333
E. 6,,2C2A= B27 ,6RM
1. Bids must be contained in the pescibed 6fficial Bid ,om, a cop" of #hich is
attached as Anne3 2E. The 6fficial Bid ,om must be popel" accomplished in all
detailsI impope accomplishment ma" be a sufficient basis fo dis!ualification.
$. 7uin( the Public Biddin(, the Oualified Bidde #ill submit the 6fficial Bid
,om, #hich #ill indicate the offeed puchase pice, in a sealed envelope
ma.ed )6,,2C2A= B27.)
,. '<PP6RT2N- 76C<MENT'
7uin( the Public Biddin(, the follo#in( documents should be submitted alon(
#ith the bid in a sepaate envelop ma.ed )'<PP6RT2N- 76C<MENT')0
1. HR,88EN A.8G5R,89 85 ;,> B.N>ER 5A8GC.
2f the Oualified Bidde is a copoation, the epesentative of the Oualified Bidde
should submit a Boad esolution #hich ade!uatel" authoi5es such
epesentative to bid fo and in behalf of the copoation #ith full authoit" to
pefom such acts necessa" o e!uisite to bind the Oualified Bidde.
2f the Oualified Bidde is a ConsotiumLBoint Eentue, each membe of the
ConsotiumLBoint ventue should submit a Boad esolution authoi5in( one of its
membes and such membe:s epesentative to ma.e the bid on behalf of the
(oup #ith full authoit" to pefom such acts necessa" o e!uisite to bind the
Oualified Bidde.
$. ;,> 'E(.R,89
a. The Oualified Bidde should deposit Thit"-Thee Million Pesos >P@@,***,**?,
in Philippine cuenc" as Bid 'ecuit" in the fom of0
+%
i. Mana(e:s chec. o unconditional demand daft pa"able to the
)-ovenment 'evice 2nsuance '"stem) and issued b" a
eputable ban.in( institution dul" licensed to do business in the
Philippines and acceptable to -'2'I o
ii. 'tandb"-b" lette of cedit issued b" a eputable ban.in(
institution acceptable to the -'2'.
b. The -'2' #ill e8ect a bid if0
i. The bid does not have Bid 'ecuit"I o
ii. The Bid 'ecuit" accompan"in( the bid is fo less than the
e!uied amount.
c. 2f the Bid 'ecuit" is in the fom of a mana(e:s chec. o unconditional demand
daft, the inteest eaned on the Bid 'ecuit" #ill be fo the account of -'2'.
d. 2f the Oualified Bidde becomes the #innin( BiddeL'tate(ic Patne, the Bid
'ecuit" #ill be applied as the do#npa"ment on the Oualified Bidde:s offeed
puchase pice.
e. The Bid 'ecuit" of the Oualified Bidde #ill be etuned immediatel" afte the
Public Biddin( if the Oualified Bidde is not declaed the 1i(hest Bidde.
f. The Bid 'ecuit" #ill be etuned b" 6ctobe $@, 1++% if the 1i(hest Bidde is
unable to ne(otiate and e3ecute #ith -'2'LM1C the Mana(ement Contact,
2ntenational Ma.etin(LResevation '"stem Contact o othe t"pes of contact
specified b" the 1i(hest Bidde in its state(ic plan fo The Manila 1otel.
(. The Bid 'ecuit" of the 1i(hest Bidde #ill be fofeited in favo of -'2' if the
1i(hest Bidde, afte ne(otiatin( and e3ecutin( the Mana(ement Contact,
2ntenational Ma.etin(LResevation '"stem Contact specified b" the 1i(hest
Bidde o othe t"pes of contact in its state(ic plan fo The Manila 1otel, fails o
efuses to0
i. E3ecute the 'toc. Puchase and 'ale A(eement #ith -'2'
not late than 6ctobe $@, 1++%I o
ii. Pa" the full amount of the offeed puchase pice not late than
6ctobe $@, 1++%I o
iii. Consummate the sale of the Bloc. of 'haes fo an" othe
eason.
-. '<BM2''26N 6, B27'
1. The Public Biddin( #ill be held on 'eptembe /, 1++% at the follo#in( location0
Ne# -'2' 1ead!uates Buildin(
,inancial Cente, Reclamation Aea
Ro3as Boulevad, Pasa" Cit", Meto Manila.
+&
$. The 'ecetaiat of the PBAC #ill be stationed at the Public Biddin( to accept
an" and all bids and suppotin( e!uiements. Repesentatives fom the
Commission on Audit and C6P #ill be invited to #itness the poceedin(s.
@. The Oualified Bidde should submit its bid usin( the 6fficial Bid ,om. The
accomplished 6fficial Bid ,om should be submitted in a sealed envelope
ma.ed )6,,2C2A= B27.)
A. The Oualified Bidde should submit the follo#in( documents in another sealed
envelope ma.ed )'<PP6RT2N- B27 76C<MENT')
a. ;itten Authoit" Bid
b. Bid 'ecuit"
%. The t#o sealed envelopes ma.ed )6,,2C2A= B27) and )'<PP6RT2N- B27
76C<MENT') must be submitted simultaneousl" to the 'ecetaiat bet#een
+0** AM and $0** PM, Philippine 'tandad Time, on the date of the Public
Biddin(. No bid shall be accepted afte the closin( time. 6pened o tampeed
bids shall not be accepted.
&. The 'ecetaiat #ill lo( and ecod the actual time of submission of the t#o
sealed envelopes. The actual time of submission #ill also be indicated b" the
'ecetaiat on the face of the t#o envelopes.
/. Afte 'tep No. &, the t#o sealed envelopes #ill be dopped in the
coespondin( bid bo3es povided fo the pupose. These bo3es #ill be in full
vie# of the invited public.
1. 6PEN2N- AN7 REA72N- 6, B27'
1. Afte the closin( time of $0** PM on the date of the Public Biddin(, the PBAC
#ill open all sealed envelopes ma.ed )'<PP6RT2N- B27 76C<MENT') fo
sceenin(, evaluation and acceptance. Those #ho submitted
incompleteLinsufficient documents o documentLs #hich isLae not substantiall" in
the fom e!uied b" PBAC #ill be dis!ualified. The envelope containin( thei
6fficial Bid ,om #ill be immediatel" etuned to the dis!ualified biddes.
$. The sealed envelopes ma.ed )6,,2C2A= B27) #ill be opened at @0** PM. The
name of the bidde and the amount of its bid pice #ill be ead publicl" as the
envelopes ae opened.
@. 2mmediatel" follo#in( the eadin( of the bids, the PBAC #ill fomall" announce
the hi(hest bid and the 1i(hest Bidde.
A. The hi(hest bid #ill be, detemined on a price per share basis. 2n the event of
a tie #heein t#o o moe bids have the same e!uivalent pice pe shae, pioit"
#ill be (iven to the bidde see.in( the la(e o#neship inteest in M1C.
%. The Public Biddin( #ill be declaed a failed biddin( in case0
a. No sin(le bid is submitted #ithin the pescibed peiodI o
+/
b. Thee is onl" one >1? bid that is submitted and acceptable to
the PBAC.
2. EDEC<T26N 6, T1E NECE''ARK C6NTRACT' ;2T1 -'2'LM1C
1. The 1i(hest Bidde must compl" #ith the conditions set foth belo# b"
6ctobe $@, 1++% o the 1i(hest Bidde #ill lose the i(ht to puchase the Bloc.
of 'haes and -'2' #ill instead offe the Bloc. of 'haes to the othe Oualified
Biddes0
a. The 1i(hest Bidde must ne(otiate and e3ecute #ith
-'2'LM1C the Mana(ement Contact, 2ntenational Ma.etin(
Resevation '"stem Contact o othe t"pe of contact specified
b" the 1i(hest Bidde in its state(ic plan fo The Manila 1otel. 2f
the 1i(hest Bidde is intendin( to povide onl" financial suppot
to The Manila 1otel, a sepaate institution ma" ente into the
afoementioned contactLs #ith -'2'LM1C.
b. The 1i(hest Bidde must e3ecute the 'toc. Puchase and
'ale A(eement #ith -'2', a cop" of #hich #ill be distibuted to
each of the Oualified Bidde afte the pe!ualification pocess is
completed.
$. 2n the event that the 1i(hest Bidde chooses a Mana(ement Contact fo The
Manila 1otel, the ma3imum levels fo the mana(ement fee stuctue that
-'2'LM1C ae pepaed to accept in the Mana(ement Contact ae as follo#s0
a. Basic mana(ement fee0 Ma3imum of $.%U of (oss evenues.
>1?
b. 2ncentive fee0 Ma3imum of H.*U of (oss opeatin( pofit>1?
afte deductin( undistibuted ovehead e3penses and the basic
mana(ement fee.
c. ,i3ed component of the intenational ma.etin(Lesevation
s"stem fee0 Ma3imum of $.*U of (oss oom evenues.>1? The
Applicant should indicate in its 2nfomation Pac.a(e if it is #ishes
to cha(e this fee.
Note >1?0 As defined in the unifom s"stem of account fo hotels.
The -'2'LM1C have indicated above the acceptable paametes fo the hotel
mana(ement fees to facilitate the ne(otiations #ith the 1i(hest Bidde fo the
Mana(ement Contact afte the Public Biddin(.
A Oualified Bidde envisionin( a Mana(ement Contact fo The Manila 1otel
should detemine #hethe o not the mana(ement fee stuctue above is
acceptable befoe submittin( thei pe!ualification documents to -'2'.
B. B=6C9 'A=E T6 T1E 6T1ER O<A=2,2E7 B277ER'
1. 2f fo an" eason, the 1i(hest Bidde cannot be a#aded the Bloc. of 'haes,
-'2' ma" offe this to the othe Oualified Biddes that have validl" submitted
+H
bids povided that these Oualified ae #illin( to match the hi(hest bid in tems
of price per share.
$. The ode of pioit" amon( the inteested Oualified Biddes #ill be in
accodance #it the e!uivalent price per share of thei espective bids in thei
public Biddin(, i.e., fist and second pioit" #ill be (iven to the Oualified Biddes
that submitted the second and thid hi(hest bids on the price per share basis,
espectivel", and so on.
9. 7EC=ARAT26N 6, T1E ;2NN2N- B277ERL'TRATE-2C PARTNER
The 1i(hest Bidde #ill be declaed the ;innin( BiddeL'tate(ic Patne afte
the follo#in( conditions ae met0
a. E3ecution of the necessa" contact #ith -'2'LM1C not late
than 6ctobe $@, 1++%I and
b. Re!uisite appovals fom the -'2'LM1C and C6PL6-CC ae
obtained.
2. ,<== PAKMENT ,6R T1E B=6C9 6, '1ARE'
1. <pon e3ecution of the necessa" contacts #ith -'2'LM1C, the ;innin(
BiddeL'tate(ic Patne must full" pa", not late than 6ctobe $@, 1++%, the
offeed puchase pice fo the Bloc. of 'haes afte deductin( the Bid 'ecuit"
applied as do#npa"ment.
$. All pa"ments should be made in the fom of a Mana(e:s Chec. o
unconditional 7emand 7aft, pa"able to the )-ovenment 'evice 2nsuance
'"stem,) issued b" a eputable ban.in( institution licensed to do business in the
Philippines and acceptable to -'2'.
M. -ENERA= C6N72T26N'
1. The -'2' unconditionall" eseves the i(ht to e8ect an" o all applications,
#aive an" fomalit" theein, o accept such application as ma"be consideed
most advanta(eous to the -'2'. The -'2' similal" eseves the i(ht to e!uie
the submission of an" additional infomation fom the Applicant as the PBAC ma"
deem necessa".
$. The -'2' futhe eseves the i(ht to call off the Public Biddin( pio to
acceptance of the bids and call fo a ne# public biddin( unde amended ules,
and #ithout an" liabilit" #hatsoeve to an" o all the Oualified Biddes, e3cept the
obli(ation to etun the Bid 'ecuit".
@. The -'2' eseves the i(ht to eset the date of the pe!ualificationLbiddin(
confeence, the deadline fo the submission of the pe!ualification documents,
the date of the Public Biddin( o othe petinent activities at least thee >@?
calenda da"s pio to the espective deadlinesLta(et dates.
A. The -'2' sells onl" #hateve i(hts, inteest and paticipation it has on the
Bloc. of 'haes.
++
%. All documents and mateials submitted b" the Oualified Biddes, e3cept the
Bid 'ecuit", ma" be etuned upon e!uest.
&. The decision of the PBACL-'2' on the esults of the Public Biddin( is final.
The Oualified Biddes, b" paticipatin( in the Public Biddin(, ae deemed to have
a(eed to accept and abide b" these esults.
/. The -'2' #ill be held fee and hamless fom an" liabilit", suit o alle(ation
aisin( out of the Public Biddin( b" the Oualified Biddes #ho have paticipated in
the Public Biddin(.
3
The second public biddin( #as held on 'eptembe 1H, 1++%. Petitione bidded PA1.** pe shae fo 1%,@**,***
shaes and Renon( Behad bidded PAA.** pe shae also fo 1%,@**,*** shaes. The -'2' declaed Renon(
Behad the hi(hest bidde and immediatel" etuned petitione:s bid secuit".
6n 'eptembe $H, 1++%, ten da"s afte the biddin(, petitione #ote to -'2' offein( to match the bid pice of
Renon( Behad. 2t e!uested that the a#ad be made to itself citin( the second paa(aph of 'ection 1*, Aticle
D22 of the Constitution. 2t sent a mana(e:s chec. fo thit"-thee million pesos >P@@,***,***.**? as bid secuit".
Respondent -'2', then in the pocess of ne(otiatin( #ith Renon( Behad the tems and conditions of the
contact and technical a(eements in the opeation of the hotel, efused to entetain petitione:s e!uest.
1ence, petitione filed the pesent petition. ;e issued a tempoa" estainin( ode on 6ctobe 1H, 1++%.
Petitione anchos its plea on the second paa(aph of Aticle D22, 'ection 1* of the Constitution
4
on the )National
Econom" and Patimon") #hich povides0
333 333 333
2n the (ant of i(hts, pivile(es, and concessions covein( the national econom" and patimon",
the 'tate shall (ive pefeence to !ualified ,ilipinos.
333 333 333
The vital issues can be summed up as follo#s0
>1? ;hethe section 1*, paa(aph $ of Aticle D22 of the Constitution is a self-e3ecutin( povision
and does not need implementin( le(islation to ca" it into effectI
>$? Assumin( section 1* paa(aph $ of Aticle D22 is self-e3ecutin( #hethe the contollin( shaes
of the Manila 1otel Copoation fom pat of ou patimon" as a nationI
>@? ;hethe -'2' is included in the tem )'tate,) hence, mandated to implement section 1*,
paa(aph $ of Aticle D22 of the ConstitutionI
>A? Assumin( -'2' is pat of the 'tate, #hethe it failed to (ive pefeence to petitione, a
!ualified ,ilipino copoation, ove and above Renon( Behad, a foei(n copoation, in the sale of
the contollin( shaes of the Manila 1otel CopoationI
>%? ;hethe petitione is estopped fom !uestionin( the sale of the shaes to Renon( Behad, a
foei(n copoation.
1**
Anent the fist issue, it is no# familia leanin( that a Constitution povides the (uidin( policies and pinciples
upon #hich is built the substantial foundation and (eneal fame#o. of the la# and (ovenment.
+
As a ule, its
povisions ae deemed self-e3ecutin( and can be enfoced #ithout futhe le(islative action.
6
'ome of its
povisions, ho#eve, can be implemented onl" thou(h appopiate la#s enacted b" the =e(islatue, hence not
self-e3ecutin(.
To detemine #hethe a paticula povision of a Constitution is self-e3ecutin( is a had o# to hoe. The .e" lies
on the intent of the fames of the fundamental la# oftentimes subme(ed in its lan(ua(e. A seachin( in!ui"
should be made to find out if the povision is intended as a pesent enactment, complete in itself as a definitive
la#, o if it needs futue le(islation fo completion and enfocement.
)
The in!ui" demands a mico-anal"sis of the
te3t and the conte3t of the povision in !uestion.
8
Couts as a ule conside the povisions of the Constitution as self-e3ecutin(,
9
athe than as e!uiin( futue
le(islation fo thei enfocement.
1*
The eason is not difficult to discen. ,o if the" ae not teated as self-
e3ecutin(, the mandate of the fundamental la# atified b" the soveei(n people can be easil" i(noed and nullified
b" Con(ess.
11
'uffused #ith #isdom of the a(es is the un"ieldin( ule that le(islative actions ma" (ive beath to
constitutional i(hts but con(essional in action should not suffocate them.
12
Thus, #e have teated as self-e3ecutin( the povisions in the Bill of Ri(hts on aests, seaches and
sei5ues,
13
the i(hts of a peson unde custodial investi(ation,
14
the i(hts of an accused,
1+
and the pivile(e
a(ainst self-incimination,
16
2t is eco(ni5e a that le(islation is unnecessa" to enable couts to effectuate
constitutional povisions (uaanteein( the fundamental i(hts of life, libet" and the potection of popet".
1)
The
same teatment is accoded to constitutional povisions fobiddin( the ta.in( o dama(in( of popet" fo public
use #ithout 8ust compensation.
18
Contai#ise, case la# la"s do#n the ule that a constitutional povision is not self-e3ecutin( #hee it meel"
announces a polic" and its lan(ua(e empo#es the =e(islatue to pescibe the means b" #hich the polic" shall
be caied into effect.
19
Accodin(l", #e have held that the povisions in Aticle 22 of ou Constitution entitled
)7eclaation of Pinciples and 'tate Policies) should (eneall" be constued as mee statements of pinciples of
the 'tate.
2*
;e have also uled that some povisions of Aticle D222 on )'ocial Bustice and 1uman Ri(hts,)
21
and
Aticle D2E on )Education 'cience and Technolo(", Ats, Cultue end 'pots)
22
cannot be the basis of 8udiciall"
enfoceable i(hts. Thei enfocement is addessed to the discetion of Con(ess thou(h the" povide the
fame#o. fo le(islation
23
to effectuate thei polic" content.
24
-uided b" this map of settled 8uispudence, #e no# conside #hethe 'ection 1*, Aticle D22 of the 1+H/
Constitution is self-e3ecutin( o not. 2t eads0
'ec. 1*. The Con(ess shall, upon ecommendation of the economic and plannin( a(enc", #hen
the national inteest dictates, eseve to citi5ens of the Philippines o to copoations o
associations at least si3t" per centum of #hose capital is o#ned b" such citi5ens, o such hi(he
pecenta(e as Con(ess ma" pescibe, cetain aeas of investments. The Con(ess shall enact
measues that #ill encoua(e the fomation and opeation of entepises #hose capital is #holl"
o#ned b" ,ilipinos.
2n the (ant of i(hts, pivile(es, and concessions covein( the national econom" and patimon",
the 'tate shall (ive pefeence to !ualified ,ilipinos.
The 'tate shall e(ulate and e3ecise authoit" ove foei(n investments #ithin its national
8uisdiction and in accodance #ith its national (oals and pioities.
The fist paa(aph diects Con(ess to eseve cetain aeas of investments in the count"
2+
to ,ilipino
citi5ens o to copoations si3t" pe
cent
26
of #hose capital stoc. is o#ned b" ,ilipinos. 2t futhe commands Con(ess to enact la#s that #ill
encoua(e the fomation and opeation of one hunded pecent ,ilipino-o#ned entepises. 2n chec.eed
1*1
contast, the second paa(aph odes the entie 'tate to (ive pefeence to !ualified ,ilipinos in the (ant
of i(hts and pivile(es covein( the national econom" and patimon". The thid paa(aph also diects the
'tate to e(ulate foei(n investments in line #ith ou national (oals and #ell-set pioities.
The fist paa(aph of 'ection 1* is not self-e3ecutin(. B" its e3pess te3t, thee is a cate(oical command
fo Con(ess to enact la#s estictin( foei(n o#neship in cetain aeas of investments in the count" and
to encoua(e the fomation and opeation of #holl"-o#ned ,ilipino entepises. The i(ht (anted b" the
povision is cleal" still in esse. Con(ess has to beathe life to the i(ht b" means of le(islation.
Paentheticall", this paa(aph #as pluc.ed fom section @, Aticle D2E of the 1+/@ Constitution.
2)
The
povision in the 1+/@ Constitution affimed ou ulin( in the landma. case of Lao ,chon)
v. Gernandez,
28
#hee #e upheld the discetiona" authoit" of Con(ess to ,ilipini5e cetain aeas of
investments.
29
B" eenactin( the 1+/@ povision, the fist paa(aph of section 1* affimed the po#e of
Con(ess to nationali5e cetain aeas of investments in favo of ,ilipinos.
The second and thid paa(aphs of 'ection 1* ae diffeent. The" ae diected to the 'tate and not to Con(ess
alone #hich is but one of the thee (eat banches of ou (ovenment. Thei covea(e is also boade fo the"
cove )the national econom" and patimon") and )foei(n investments #ithin FtheG national 8uisdiction) and not
meel" )cetain aeas of investments.) Be"ond debate, the" cannot be ead as (antin( Con(ess the e3clusive
po#e to implement b" la# the polic" of (ivin( pefeence to !ualified ,ilipinos in the confeal of i(hts and
pivile(es covein( ou national econom" and patimon". Thei lan(ua(e does not su((est that an" of the 'tate
a(enc" o instumentalit" has the pivile(e to hed(e o to efuse its implementation fo an" eason #hatsoeve.
Thei dut" to implement is unconditional and it is no#. The second and the thid paa(aphs of 'ection 1*, Aticle
D22 ae thus self-e3ecutin(.
This submission is sten(thened b" Aticle 22 of the Constitution entitled )7eclaation of Pinciples and 'tate
Policies.) 2ts 'ection 1+ povides that )FTGhe 'tate shall develop a self-eliant and independent national econom"
effectivel" contolled b" ,ilipinos.) 2t en(afts the all-impotant ,ilipino ,ist polic" in ou fundamental la# and b"
the use of the mandato" #od )shall,) diects its enfocement b" the #hole 'tate #ithout an" pause o a half-
pause in time.
The second issue is #hethe the sale of a ma8oit" of the stoc.s of the Manila 1otel Copoation involves the
disposition of pat of ou national patimon". The ecods of the Constitutional Commission sho# that the
Commissiones entetained the same vie# as to its meanin(. Accodin( to Commissione Nolledo, )patimon")
efes not onl" to ou ich natual esouces but also to the cultual heita(e of ou ace.
3*
B" this "adstic., the
sale of Manila 1otel falls #ithin the covea(e of the constitutional povision (ivin( pefeential teatment to
!ualified ,ilipinos in the (ant of i(hts involvin( ou national patimon". The uni!ue value of the Manila 1otel to
ou histo" and cultue cannot be vie#ed #ith a m"opic e"e. The value of the hotel (oes be"ond pesos and
centavos. As chonicled b" Beth 7a" Romulo,
31
the hotel fist opened on Bul" A, 1+1$ as a fist-class hotel built
b" the Ameican 2nsula -ovenment fo Ameicans livin( in, o passin( thou(h, Manila #hile tavelin( to the
6ient. 2ndi(enous mateials and ,ilipino caftsmanship #ee utili5ed in its constuction, ,o sometime, it #as
e3clusivel" used b" Ameican and Caucasian taveles and seved as the )official (uesthouse) of the Ameican
2nsula -ovenment fo visitin( foei(n di(nitaies. ,ilipinos be(an comin( to the 1otel as (uests duin( the
Common#ealth peiod. ;hen the Bapanese occupied Manila, it seved as milita" head!uates and lod(in( fo
the hi(hest-an.in( offices fom To."o. 2t #as at the 1otel and the 2ntamuos that the Bapanese made thei last
stand duin( the =ibeation of Manila. Afte the #a, the 1otel a(ain seved foei(n (uests and ,ilipinos ali.e.
Pesidents and .in(s, pemies and potentates, as #ell as (lamoous intenational film and spots celebities #ee
housed in the 1otel. 2t #as also the situs of intenational conventions and confeences. 2n the local scene, it #as
the venue of histoic meetin(s, paties and conventions of political paties. The 1otel has eaped and continues
eapin( numeous eco(nitions and a#ads fom intenational hotel and tavel a#ad-(ivin( bodies, a fittin(
ac.no#led(ment of ,ilipino talent and in(enuit". These ae 8udiciall" co(ni5able facts #hich cannot be bent b" a
biased mind.
The 1otel ma" not, as "et, have been declaed a national cultual teasue pusuant to Republic Act No. AHA& but
that does not e3clude it fom ou national patimon". Republic Act No. AHA&, )The Cultual Popeties Pesevation
and Potection Act,) meel" povides a pocedue #heeb" a paticula cultual popet" ma" be classified a
1*$
)national cultual teasue) o an )impotant cultual popet".
32
Appoved on Bune 1H, 1+&& and amended b" P.7.
@/A in 1+/A, the la# is limited in its each and cannot be ead as the e3clusive la# implementin( section 1*,
Aticle D22 of the 1+H/ Constitution. To be sue, the la# does not e!uate cultual teasue and cultual popet" as
s"non"mous to the phase )patimon" of the nation.)
The thid issue is #hethe the constitutional command to the 'tate includes the espondent -'2'. A loo. at its
chate #ill eveal that -'2' is a (ovenment-o#ned and contolled copoation that administes funds that come
fom the monthl" contibutions of (ovenment emplo"ees and the (ovenment.
33
The funds ae held in tust fo a
distinct pupose #hich cannot be disposed of indiffeentl".
34
The" ae to be used to finance the etiement,
disabilit" and life insuance benefits of the emplo"ees and the administative and opeational e3penses of the
-'2',
3+
E3cess funds, ho#eve, ae allo#ed to be invested in business and othe ventues fo the benefit of the
emplo"ees.
36
2t is thus contended that the -'2' investment in the Manila 1otel Copoation is a simple business
ventue, hence, an act be"ond the contemplation of section 1*, paa(aph $ of Aticle D22 of the Constitution.
The submission is unimpessive. The -'2' is not a pue pivate copoation. 2t is essentiall" a public copoation
ceated b" Con(ess and (anted an oi(inal chate to seve a public pupose. 2t is sub8ect to the 8uisdictions of
the Civil 'evice Commission
3)
and the Commission on Audit.
38
As state-o#ned and contolled copoation, it is
s.in-bound to adhee to the policies spelled out in the (eneal #elfae of the people. 6ne of these policies is the
,ilipino ,ist polic" #hich the people elevated as a constitutional command.
The fouth issue demands that #e loo. at the content of phase )!ualified ,ilipinos) and thei )pefeential i(ht.)
The Constitution desisted fom definin( thei contents. This is as it ou(ht to be fo a Constitution onl" la"s do#n
fle3ible policies and pinciples #hich can bent to meet toda":s manifest needs and tomoo#:s unmanifested
demands. 6nl" a constitution stun( #ith elasticit" can (o# as a livin( constitution.
Thus, duin( the delibeations in the Constitutional Commission, Commissione Nolledo to define the phase
bushed aside a su((estion to define the phase )!ualified ,ilipinos.) 1e e3plained that pesent and pospective
)la#s) #ill ta.e cae of the poblem of its intepetation, viz0
333 333 333
T1E PRE'27ENT. ;hat is the su((estion of Commissione
Rodi(o4 2s it to emove the #od )O<A=2,2E74)
MR. R67R2-6. No, no, but sa" definitel" )T6 O<A=2,2E7
,2=2P2N6') as a(ainst #hom4 As a(ainst aliens ove aliens4
MR. N6==E76. Madam Pesident, 2 thin. that is undestood. ;e
use the #od )O<A=2,2E7) because the e3istin( la#s o the
pospective la#s #ill al#a"s la" do#n conditions unde #hich
business map be done, fo e3ample, !ualifications on capital,
!ualifications on the settin( up of othe financial stuctues, et
cetea.
MR. R67R2-6. 2t is 8ust a matte of st"le.
MR. N6==E76 Kes.
MR. R67R2-6. 2f #e sa", )PRE,ERENCE T6 O<A=2,2E7
,2=2P2N6',) it can be undestood as (ivin( pefeence to
!ualified ,ilipinos as a(ainst ,ilipinos #ho ae not !ualified.
1*@
MR. N6==E76. Madam Pesident, that #as the intention of the
poponents. The committee has accepted the amendment.
333 333 333
As peviousl" discussed, the constitutional command to enfoce the ,ilipino ,ist polic" is addessed to
the 'tate and not to Con(ess alone. 1ence, the #od )la#s) should not be undestood as limited to
le(islations but all state actions #hich include applicable ules and e(ulations adopted b" a(encies and
instumentalities of the 'tate in the e3ecise of thei ule-ma.in( po#e. 2n the case at ba, the biddin(
ules and e(ulations set foth the standads to measue the !ualifications of biddes ,ilipinos and
foei(nes ali.e. 2t is not seiousl" disputed that petitione !ualified to bid as did Renon( Behad.
39
Thus, #e come to the citical issue of the de(ee of pefeence #hich -'2' should have accoded petitione, a
!ualified ,ilipino, ove Renon( Behad, a foei(ne, in the puchase of the contollin( shaes of the Manila 1otel.
Petitione claims that afte losin( the bid, this i(ht of pefeence (ives it a second chance to match the hi(hest bid
of Renon( Behad.
;ith due espect, 2 cannot sustain petitione:s submission. 2 pescind fom the pemise that the second paa(aph
of section 1*, Aticle D22 of the Constitution is po-Pilipino but not anti-alien. 2t is po-,ilipino fo it (ives pefeence
to ,ilipinos. 2t is not, ho#eve, anti-alien per se fo it does not absolutel" ba aliens in the (ant of i(hts, pivile(es
and concessions covein( the national econom" and patimon". 2ndeed, in the absence of !ualified ,ilipinos, the
'tate is not pohibited fom (antin( these i(hts, pivile(es and concessions to foei(nes if the act #ill pomote
the #eal of the nation.
2n implementin( the polic" aticulated in section 1*, Aticle D22 of the Constitution, the stella tas. of ou 'tate
polic"-ma.es is to maintain a ceative tension bet#een t#o desideata C fist, the need to develop ou econom"
and patimon" #ith the help of foei(nes if necessa", and, second, the need to .eep ou econom" contolled b"
,ilipinos. Ri(htfull", the fames of the Constitution did not define the de(ee of the i(ht of pefeence to be (iven
to !ualified ,ilipinos. The" .ne# that fo the i(ht to seve the (eneal #elfae, it must have a malleable content
that can be ad8usted b" ou polic"-ma.es to meet the chan(in( needs of ou people. 2n fine, the i(ht of
pefeence of !ualified ,ilipinos is to be detemined b" de(ee as time dictates and cicumstances #aant. The
lesse the need fo alien assistance, the (eate the de(ee of the i(ht of pefeence can be (iven to ,ilipinos and
vice vese.
A(ain, it should be stessed that the i(ht and the dut" to detemine the de(ee of this pivile(e at an" (iven time
is addessed to the entie 'tate. ;hile unde ou constitutional scheme, the i(ht pimail" belon(s to Con(ess as
the la#ma.in( depatment of ou (ovenment, othe banches of (ovenment, and all thei a(encies and
instumentalities, shae the po#e to enfoce this state polic". ;ithin the limits of thei authoit", the" can act o
pomul(ate ules and e(ulations definin( the de(ee of this i(ht of pefeence in cases #hee the" have to ma.e
(ants involvin( the national econom" and 8udicial dut". 6n the othe hand, ou dut" is to sti.e do#n acts of the
state that violate the polic".
To date, Con(ess has not enacted a la# definin( the de(ee of the pefeential i(ht. Conse!uentl", #e must tun
to the ules and e(ulations of on espondents Committee Pivati5ation and -'2' to detemine the de(ee of
pefeence that petitione is entitled to as a !ualified ,ilipino in the sub8ect sale. A tealess loo. at the ules and
e(ulations #ill sho# that the" ae silent on the de(ee of pefeential i(ht to be accoded !ualified ,ilipino bidde.
7espite thei silence, ho#eve, the" cannot be ead to mean that the" do not (ant an" de(ee of pefeence to
petitione fo paa(aph $, section 1*, Aticle D22 of the Constitution is deemed pat of said ules and e(ulations.
Pusuant to le(al hemeneutics #hich demand that #e intepet ules to save them fom unconstitutionalit", 2
submit that the i(ht of pefeence of petitione aises onl" if it tied the bid of Benon( Behad. 2n that instance, all
thin(s stand e!ual, and bidde, as a !ualified Pilipino bidde, should be pefeed.
2t is #ith deep e(et that 2 cannot subscibe to the vie# that petitione has a i(ht to match the bid of Renon(
Behad. Petitione:s submission must be suppoted b" the ules but even if #e e3amine the ules inside-out
1*A
.thousand times, the" can not 8ustif" the claimed i(ht. <nde the ules, the i(ht to match the hi(hest bid aises
onl" )if fo an" eason, the hi(hest bidde cannot be a#aded bloc. of shaes . . .) No eason has aisen that #ill
pevent the a#ad to Renon( Behad. 2t !ualified as bidde. 2t complied #ith the pocedue of biddin(. 2t tendeed
the hi(hest bid. 2t #as declaed as the hi(hest bidde b" the -'2' and the ules sa" this decision is final. 2t
deseves the a#ad as a matte of i(ht fo the ules cleal" did not (ive to the petitione as a !ualified ,ilipino
pivile(e to match the hi(he bid of a foei(ne. ;hat the ules did not (ant, petitione cannot demand. 6u
s"mphaties ma" be #ith petitione but the cout has no po#e to e3tend the latitude and lon(titude of the i(ht of
pefeence as defined b" the ules. The paametes of the i(ht of pefeence depend on (ala3" of facts and
factos #hose detemination belon(s to the povince of the polic"-ma.in( banches and a(encies of the 'tate. ;e
ae dut"-bound to espect that detemination even if #e diffe #ith the #isdom of thei 8ud(ment. The i(ht the"
(ant ma" be little but #e must uphold the (ant fo as lon( as the i(ht of pefeence is not denied. 2t is onl" #hen
a 'tate action amounts to a denial of the i(ht that the Cout can come in and sti.e do#n the denial as
unconstitutional.
,inall", 2 submit that petitione is estopped fom assailin( the #innin( bid of Renon( Behad. Petitione #as a#ae
of the ules and e(ulations of the biddin(. 2t .ne# that the ules and e(ulations do not povide that a !ualified
,ilipino bidde can match the #innin( bid submittin( an infeio bid. 2t .ne# that the bid #as open to foei(nes
and that foei(nes !ualified even duin( the fist biddin(. Petitione cannot be allo#ed to epudiate the ules
#hich it a(eed to espect. 2t cannot be allo#ed to obe" the ules #hen it #ins and dise(ad them #hen it loses. 2f
sustained, petitiones: stance #ill #ea. havoc on he essence of biddin(. 6u la#s, ules and e(ulations e!uie
hi(hest biddin( to aise as much funds as possible fo the (ovenment to ma3imi5e its capacit" to delive essential
sevices to ou people. This is a dut" that must be discha(ed b" ,ilipinos and foei(nes paticipatin( in a biddin(
contest and the ules ae caefull" #itten to attain this ob8ective. Amon( othes, biddes ae pe!ualified to insue
thei financial capabilit". The biddin( is secet and the bids ae sealed to pevent collusion amon( the paties. This
ob8ective #ill be undemined if #e (ant petitione that pivile(e to .no# the #innin( bid and a chance to match it.
,o plainl", a second chance to bid #ill encoua(e a bidde not to stive to (ive the hi(hest bid in the fist biddin(.
;e suppot the ,ilipino ,ist polic" #ithout an" esevation. The visiona" nationalist 7on Clao M. Recto has
#aned us that the (eatest ta(ed" that can befall a ,ilipino is to be an alien in his o#n land. The Constitution has
embodied Recto:s counsel as a state polic". But #hile the ,ilipino ,ist polic" e!uies that #e incline to a ,ilipino,
it does not demand that #e #on( an alien. 6u polic" ma.es can #ite la#s and ules (ivin( favoed teatment
to the ,ilipino but #e ae not fee to be unfai to a foei(ne afte #itin( the la#s and the ules. Afte the la#s ae
#itten, the" must be obe"ed as #itten, b" ,ilipinos and foei(nes ali.e. The e!ual potection clause of the
Constitution potects all a(ainst unfainess. ;e can be po-,ilipino #ithout unfainess to foei(ne.
2 vote to dismiss the petition.
Narvasa" (.6." and Melo" 6." concur.

P!NG!N0!N, J., dissentin(0
2 e(et 2 cannot 8oin the ma8oit". To the incisive 7issentin( 6pinion of M. Bustice Re"nato '. Puno, ma" 2 8ust
add
1. The ma8oit" contends the Constitution should be intepeted to mean that, afte a biddin( pocess is
concluded, the losin( ,ilipino bidde should be (iven the i(ht to e!ual the hi(hest foei(n bid, and thus to #in.
1o#eve, the Constitution F'ec. 1* >$?, At. D22G simpl" states that )in the (ant of i(hts . . . covein( the national
econom" and patimon", the 'tate shall (ive pefeence to !ualified ,ilipinos.) The ma8oit" concedes that thee is
no la# definin) the e0tent or de)ree of such pefeence. 'pecifically" no statute empo!ers a losin) :ilipino bidder
to increase his bid and e2ual that of the !innin) forei)ner. 2n the absence of such empo#ein( la#, the ma8oit":s
stained intepetation, 2 espectfull" submit constitutes unadulteated *udicial le)islation" !hich ma+es biddin) a
ridiculous sham !here no :ilipino can lose and !here no forei)ner can !in. 6nl" in the PhilippinesV.
1*%
$. Aside fom bein( pohibited b" the Constitution, such 8udicial is shot-si(hted and, vie#ed popel", (avel"
pe8udicial to lon(-tem ,ilipino inteest. 2t encoua(es othe counties C in the (uise of evese comit" o #ose,
unabashed etaliation C to disciminate a(ainst us in thei o#n 8uisdictions b" authoi5in( thei o#n nationals to
similal" e!ual and defeat the hi(he bids of ,ilipino entepises solel", #hile on the othe hand, allo#in( simila
bids of othe foei(nes to emain unchallen(ed b" thei nationals. 8he ma*ority/s thesis !ill thus mar)inalize
:ilipinos as pariahs in the )lobal mar+etplace !ith absolute no chance of !innin) any biddin) outside our country.
Even authoitaian e(imes and hemit .in(doms have lon( a(o found out unfainess, (eed and isolation ae self-
defeatin( and in the lon(-tem, self-destuctin(.
The moal lesson hee is simple0 7o not do unto othe #hat "ou dont #ant othe to do unto "ou.
@. 2n the absence of a la# specif"in( the de(ee o e3tent of the ),ilipino ,ist) polic" of the Constitution, the
constitutional pefeence fo the )!ualified ,ilipinos) ma" be allo#ed onl" #hee all the bids ae e!ual. 2n this
manne, #e put the ,ilipino ahead #ithout self-destuctin( him and #ithout bein( unfai to the foei(ne.
2n shot, the Constitution mandates a victo" fo the !ualified ,ilipino onl" #hen the scoes ae tied. But not #hen
the ball(ame is ove and the foei(ne cleal" posted the hi(hest scoe.

Se#$r$te O#%&%o&'
P!"LL!, J., concuin(0
2 concu #ith the ponencia of M. Bustice Bellosillo. At the same time, 2 #ould li.e to e3pound a bit moe on the
concept of national patimon" as includin( #ithin its scope and meanin( institutions such as the Manila 1otel.
2t is a(ued b" petitione that the Manila 1otel comes unde )national patimon") ove #hich !ualified ,ilipinos
have the pefeence, in o#neship and opeation. The Constitutional povision on point states0
333 333 333
2n the (ant of i(hts, pivile(es, and concessions covein( the national econom" and patimon",
the 'tate shall -ive pefeence to !ualified ,ilipinos.
1
Petitione:s a(ument, 2 believe, is #ell ta.en. <nde the 1+H/ Constitution, )national patimon") consists of the
natual esouces povided b" Almi(ht" -od >Peamble? in ou teito" >Aticle 2? consistin( of land, sea, and
ai.
2
stud" of the 1+@% Constitution, #hee the concept of )national patimon") oi(inated, #ould sho# that its
fames decided to adopt the even moe compehensive e3pession )Patimon" of the Nation) in the belief that the
phase encicles a concept embacin( not onl" thei natual esouces of the count" but pacticall" eve"thin( that
belon(s to the ,ilipino people, the tan(ible and the mateial as #ell as the intan(ible and the spiitual assets and
possessions of the people. 2t is to be noted that the fames did not stop #ith consevation. The" .ne# that
consevation alone does not spell po(essI and that this ma" be achieved onl" thou(h development as a
coelative facto to assue to the people not onl" the e3clusive o#neship, but also the e3clusive benefits of thei
national patimon"?.
3
Moeove, the concept of national patimon" has been vie#ed as efein( not onl" to ou ich natual esouces
but also to the cultual heita(e of ou
ace.
4
Thee is no doubt in m" mind that the Manila 1otel is ve" much a pat of ou national patimon" and, as such,
deseves constitutional potection as to #ho shall o#n it and benefit fom its opeation. This institution has pla"ed
an impotant ole in ou nation:s histo", havin( been the venue of man" a histoical event, and sevin( as it did,
1*&
and as it does, as the Philippine -uest 1ouse fo visitin( foei(n heads of state, di(nitaies, celebities, and
othes.
+
2t is theefoe ou dut" to potect and peseve it fo futue (eneations of ,ilipinos. As Pesident Manuel =.
Oue5on once said, #e must e3ploit the natual esouces of ou count", but #e should do so #ith. an e"e to the
#elfae of the futue (eneations. 2n othe #ods, the leades of toda" ae the tustees of the patimon" of ou
ace. To peseve ou national patimon" and eseve it fo ,ilipinos #as the intent of the distin(uished (entlemen
#ho fist famed ou Constitution. Thus, in debatin( the need fo nationali5ation of ou lands and natual
esouces, one e3pounded that #e should )put moe teeth into ou la#s, andI not ma.e the nationali5ation of ou
lands and natual esouces a sub8ect of odina" le(islation but of constitutional enactment)
6
To !uote futhe0
)=et not ou childen be mee tenants and tespasses in thei o#n count". =et us peseve and be!ueath to them
#hat is i(htfull" theis, fee fom all foei(n liens and encumbances).
)
No#, a #od on pefeence. 2n m" vie# )pefeence to !ualified ,ilipinos), to be meanin(ful, must efe not onl" to
thin(s that ae peipheal, collateal, o tan(ential. 2t must touch and affect the ve" )heat of the e3istin( ode.) 2n
the field of public biddin( in the ac!uisition of thin(s that petain to the national patimon", pefeence to !ualified
,ilipinos must allo# a !ualified ,ilipino to match o e!ual the hi(he bid of a non-,ilipinoI the pefeence shall not
opeate onl" #hen the bids of the !ualified ,ilipino and the non-,ilipino ae e!ual in #hich case, the a#ad should
undisputedl" be made to the !ualified ,ilipino. The Constitutional pefeence should (ive the !ualified ,ilipino an
oppotunit" to match o e!ual the hi(he bid of the non-,ilipino bidde if the pefeence of the !ualified ,ilipino
bidde is to be si(nificant at all.
2t is tue that in this pesent a(e of (lobali5ation of attitude to#ads foei(n investments in ou count", stess is on
the elimination of baies to foei(n tade and investment in the count". ;hile (ovenment a(encies, includin(
the couts should e-condition thei thin.in( to such a tend, and ma.e it eas" and even attactive fo foei(n
investos to come to ou shoes, "et #e should not peclude ouselves fom esevin( to us ,ilipinos cetain aeas
#hee ou national identit", cultue and heita(e ae involved. 2n the hotel indust", fo instance, foei(n investos
have established themselves ceditabl", such as in the 'han(i-=a, the Ni..o, the Peninsula, and Mandain
1otels. This should not stop us fom etainin( %1U of the capital stoc. of the Manila 1otel Copoation in the
hands of ,ilipinos. This #ould be in .eepin( #ith the intent of the ,ilipino people to peseve ou national
patimon", includin( ou histoical and cultual heita(e in the hands of ,ilipinos.
7TUG, J., concuin(0
2 a(ee #ith M. Bustice Bosue N. Bellosillo on his clea-cut statements, shaed b" M. Bustice Re"nato '. Puno in
a #ell #itten sepaate >dissentin(? opinion, that0
:irst, the povision in ou fundamental la# #hich povides that )>2?n the (ant of i(hts, pivile(es, and concessions
covein( the national econom" and patimon", the 'tate shall (ive pefeence to !ualified ,ilipinos)
1
is self-
e3ecuto". The povision veil" does not need, althou(h it can obviousl" be amplified o e(ulated b", an enablin(
la# o a set of ules.
'econd, the tem )patimon") does not meel" efe to the count":s natual esouces but also to its cultual
heita(e. A )histoical landma.,) to use the #ods of M. Bustice Busto P. Toes, B., Manila 1otel has no# indeed
become pat of Philippine heita(e.
8hird, the act of the -ovenment 'evice 2nsuance '"stem >)-'2')?, a (ovenment entit" #hich deives its
authoit" fom the 'tate, in sellin( %1U of its shae in M1C should be consideed an act of the 'tate sub8ect to the
Constitutional mandate.
6n the pivotal issue of the de(ee of )pefeence to !ualified ,ilipinos,) 2 find it some#hat difficult to ta.e the same
path tavesed b" the foceful easonin( of Bustice Puno. 2n the paticula case befoe us, the onl" meanin(ful
pefeence, it seems, #ould eall" be to allo# the !ualified ,ilipino to match the foei(n bid fo, as a paticula
matte, 2 cannot see an" bid that liteall" calls fo millions of dollas to be at pa >to the last cent? #ith anothe. The
1*/
ma(nitude of the ma(nitude of the bids is such that it becomes hadl" possible fo the competin( bids to stand
e3actl" )e!ual) #hich alone, unde the dissentin( vie#, could ti((e the i(ht of pefeence.
2t is most unfotunate that Renon( Behad has not been spaed this (eat disappointment, a letdo#n that it did not
deseve, b" a simple and timel" advise of the pope ules of biddin( alon( #ith the peculia constitutional
implications of the poposed tansaction. 2t is also e(ettable that the Cout at time is seen, to instead, be the
efu(e fo bueaucatic inade!uate #hich ceate the peception that it even ta.es on non-8usticiable contovesies.
All told, 2 am constained to vote fo (antin( the petition.
MEN"O(!, J., concuin( in the 8ud(ment0
2 ta.e the vie# that in the conte3t of the pesent contoves" the onl" #a" to enfoce the constitutional mandate
that )FiGn the (ant of i(hts, pivile(es and concessions covein( the national patimon" the 'tate shall (ive
pefeence to !ualified ,ilipinos)
1
is to allo# petitione Philippine copoation to e!ual the bid of the Mala"sian fim
Renon( Behad fo the puchase of the contollin( shaes of stoc.s in the Manila 1otel Copoation. 2ndeed, it is
the onl" #a" a !ualified ,ilipino of Philippine copoation can be (iven preference in the en8o"ment of a i(ht,
pivile(e o concession (iven b" the 'tate, b" favoin( it ove a foei(n national copoation.
<nde the ules on public biddin( of the -ovenment 'evice and 2nsuance '"stem, if petitione and the
Mala"sian fim had offeed the same pice pe shae, )pioit" F#ould be (ivenG to the bidde see.in( the la(e
o#neship inteest in M1C,)
2
so that petitione bid fo moe shaes, it #ould be pefeed to the Mala"sian
copoation fo that eason and not because it is a Philippine copoation. Conse!uentl", it is onl" in cases li.e the
pesent one, #hee an alien copoation is the hi(hest bidde, that pefeential teatment of the Philippine
copoation is mandated not b" declain( it #inne but b" allo#in( it )to match the hi(hest bid in tems of pice pe
shae) befoe it is a#aded the shaes of stoc.s.
3
That, to me, is #hat )pefeence to !ualified ,ilipinos) means in
the conte3t of this case C b" favoin( ,ilipinos #heneve the" ae at a disadvanta(e vis-a-vis foei(nes.
This #as the meanin( (iven in (o (hion) v. (uaderno
4
to a 1+A/ statute (ivin( )pefeence to ,ilipino citi5ens in
the lease of public ma.et stalls.)
+
This Cout upheld the cancellation of e3istin( leases covein( ma.et stalls
occupied b" pesons #ho #ee not ,ilipinos and the a#ad theeafte of the stalls to !ualified ,ilipino vendos as
odeed b" the 7epatment of ,inance. 'imilal", in Vda. de 'al)ado v. >e la :uente,
6
this Cout sustained the
validit" of a municipal odinance passed pusuant to the statute >R.A. No. @/?, teminatin( e3istin( leases of public
ma.et stalls and (antin( pefeence to ,ilipino citi5ens in the issuance of ne# licenses fo the occupanc" of the
stalls. 2n (hua Lao v. Raymundo,
)
the pefeence (anted unde the statute #as held to appl" to cases in #hich
,ilipino vendos sou(ht the same stalls occupied b" alien vendos in the public ma.ets even if thee #ee
available othe stalls as (ood as those occupied b" aliens. )The la#, appaentl", is applicable #heneve thee is a
conflict of inteest bet#een ,ilipino applicants and aliens fo lease of stalls in public ma.ets, in #hich situation the
i(ht to pefeence immediatel" aises.)
8
6u le(islation on the matte thus antedated b" a !uate of a centu" effots be(an onl" in the 1+/*s in Ameica
to eali5e the pomise of e!ualit", thou(h affimative action and evese discimination po(ams desi(ned to
emed" past discimination a(ainst coloed people in such aeas as emplo"ment, contactin( and
licensin(.
9
2ndeed, in vital aeas of ou national econom", thee ae situations in #hich the onl" #a" to place
,ilipinos in contol of the national econom" as contemplated in the Constitution
1*
is to (ive them pefeential
teatment #hee the" can at least stand on e!ual footin( #ith aliens.
Thee need be no fea that thus pefein( ,ilipinos #ould eithe invite foei(n etaliation o depive the count" of
the benefit of foei(n capital o .no#-ho#. ;e ae dealin( hee not #ith common tades of common means of
livelihood #hich ae open to aliens in ou midst,
11
but #ith the sale of (ovenment popet", #hich is li.e the (ant
of (ovenment la(ess of benefits and concessions covein( the national econom") and theefoe no one should
be(ud(e us if #e (ive pefeential teatment to ou citi5ens. That at an" ate is the command of the Constitution.
,o the Manila 1otel is a business o#ned b" the -ovenment. 2t is bein( pivati5ed. Pivati5ation should esult in
1*H
the elin!uishment of the business in favo of pivate individuals and (oups #ho ae ,ilipino citi5ens, not in favo
of aliens.
No should thee be an" doubt that b" a#adin( the shaes of stoc.s to petitione #e #ould be tadin(
competence and capabilit" fo nationalism. Both petitione and the Mala"sian fim ae !ualified, havin( hudled
the pe!ualification pocess.
12
2t is onl" the esult of the public biddin( that is sou(ht to be modified b" enablin(
petitione to up its bid to e!ual the hi(hest bid.
No, finall", is thee an" basis fo the su((estion that to allo# a ,ilipino bidde to match the hi(hest bid of an alien
could encoua(e speculation, since all that a ,ilipino entit" #ould then do #ould be not to ma.e a bid o ma.e
onl" a to.en one and, afte it is .no#n that a foei(n bidde has submitted the hi(hest bid, ma.e an offe matchin(
that of the foei(n fim. This is not possible unde the ules on public biddin( of the -'2'. <nde these ules thee
is a minimum bid e!uied >P@&.H/ pe shae fo a an(e of + to 1% million shaes?.
13
Bids belo# the minimum #ill
not be consideed. 6n the othe hand, if the ,ilipino entit", afte passin( the pe!ualification pocess, does not
submit a bid, he #ill not be allo#ed to match the hi(hest bid of the foei(n fim because this is a pivile(e allo#ed
onl" to those #ho have )validl" submitted bids.)
14
The su((estion is, to sa" the least, fanciful and has no basis in
fact.
,o the foe(oin( easons, 2 vote to (ant the petition.
TORRES, .R., J., sepaate opinion0
Constanc" in la# is not an attibute of a 8udicious mind. 2 sa" this as #e ae not confonted in the case at ba #ith
le(al and constitutional issues C and "et 2 am diven so to spea. on the side of histo". The eason pehaps is
due to the belief that in the #ods of Bustice 6live ;endell 1olmes, B., a )pa(e of histo" is #oth a volume of
lo(ic.)
2 #ill, ho#eve, attempt to shae m" thou(hts on #hethe the Manila 1otel has a histoical and cultual aspect
#ithin the meanin( of the constitution and thus, fomin( pat of the )patimon" of the nation).
'ection 1*, Aticle D22 of the 1+H/ Constitution povides0
333 333 333
2n the (ant of i(hts, pivile(es, and concessions covein( the national econom" and patimon",
the 'tate shall (ive pefeence to !ualified ,ilipinos.
The 'tate shall e(ulate and e3ecise authoit" ove foei(n investments #ithin its national (oals
and pioities.
The foe(oin( povisions should be ead in con8unction #ith Aticle 22 of the same Constitution petainin( to
)7eclaation of Pinciples and 'tate Policies) #hich odain C
The 'tate shall develop a self-eliant and independent national econom" effectivel" b" ,ilipinos.
>'ec. 1+?.
2nteestin(l", the matte of (ivin( pefeence to )!ualified ,ilipinos) #as one of the hi(hli(hts in the 1+H/
Constitution Commission poceedin(s thus0
333 333 333
MR. N6==E76. The Amendment #ill ead0 )2N T1E -RANT 6,
R2-1T', PR2E2=E-E' AN7 C6NCE''26N' C6EER2N- T1E
1*+
NAT26NA= EC6N6MK AN7 PATR2M6NK, T1E 'TATE '1A==
-2EE PRE,ERENCE T6 O<A=2,2E7 ,2=2P2N6'). And the #od
),ilipinos) hee, as intended b" the poponents, #ill include not
onl" individual ,ilipinos but also ,ilipino-Contolled entities full"
contolled b" ,ilipinos >Eol. 222, Recods of the Constitutional
Commission, p. &*H?.
MR. M6N'67. ;e also #anted to add, as Commissione
Eille(as said, this committee and this bod" alead" appoved
#hat is .no#n as the ,ilipino ,ist polic" #hich #as su((ested
b" Commissione de Casto. 'o that it is no# in ou Constitution
>Eol. 2E, Recods of the Constitutional Commission, p. $$%?.
Commissione Bose Nolledo e3plainin( the povision adveted to above, said0
MR. N6==E76. 2n the (ant of i(hts, pivile(es and
concessions covein( the national econom" and patimon", the
'tate shall (ive pefeence to !ualified ,ilipinos.
MR. ,6J. 2n connection #ith that amendment, if a foei(n
entepise is !ualified and the ,ilipinos entepise is also
!ualified, #ill the ,ilipino entepise still be (iven a pefeence4
MR. N6==E76. 6bviousl".
MR. ,6J. 2f the foei(ne is moe !ualified in some aspects than
the ,ilipino entepise, #ill the ,ilipino still be pefeed04
MR. N6==E76. The ans#e is )"es). >Eol. 222, p. &1&, Recods of
the Constitutional Commission?.
The nationalistic povisions of the 1+H/ Constitution eflect the histo" and spiit of the Malolos Constitution of
1H+H, the 1+@% Constitution and the 1+/@ Constitutions. That #e have no ene(ed on this nationalist polic" is
aticulated in one of the ealiest case, this Cout said C
The nationalistic tendenc" is manifested in vaious povisions of the Constitution. . . . 2t cannot
theefoe be said that a la# imbued #ith the same pupose and spiit undel"in( man" of the
povisions of the Constitution is uneasonable, invalid o unconstitutional >2chon(, et al. vs.
1enande5, et al., 1*1 Phil. 11%%?.
2 subscibe to the vie# that histo", cultue, heita(e, and taditions ae not le(islated and is the poduct of events,
customs, usa(es and pactices. 2t is actuall" a poduct of (o#th and acceptance b" the collectivemores of a ace.
2t is the spiit and soul of a people.
The Manila 1otel is pat of ou histo", cultue and heita(e. Eve" inch of the Manila 1otel is #itness to histoic
events >too numeous to mention? #hich shaped ou histo" fo almost HA "eas.
As 2 intimated ealie, it is not m" position in this opinion, to e3amine the sin(le instances of the le(al la(ese
#hich have (iven ise to this contoves". As 2 believe that has been e3haustivel" discussed in the ponencia.
'uffice it to sa" at this point that the histo" of the Manila 1otel should not be placed in the auction bloc. of a
puel" business tansaction, #hee pofits subvets the cheished histoical values of ou people.
11*
As a histoical landma. in this )Peal of the 6ient 'eas), it has its enviable tadition #hich, in the #ods of the
philosophe 'alvado de Madaia(a tadition is )moe of a ive than a stone, it .eeps flo#in(, and one must vie#
the flo#in( , and one must vie# the flo# of both diections. 2f "ou loo. to#ads the hill fom #hich the ive flo#s,
"ou see tadition in the fom of foceful cuents that push the ive o people to#ads the futue, and if "ou loo.
the othe #a", "ou po(ess.)
2ndeed, tadition and po(ess ae the same, fo po(ess depends on the .ind of tadition. =et us not 8ettison the
tadition of the Manila 1otel and theeb" epeat ou colonial histo".
2 (ant, of couse the men of the la# can see the same sub8ect in diffeent li(hts.
2 emembe, ho#eve, a 'panish poveb #hich sa"s C )1e is al#a"s i(ht #ho suspects that he ma.es
mista.es). 6n this note, 2 sa" that if 2 have to ma.e a mista.e, 2 #ould athe e upholdin( the belief that the
,ilipino be fist unde his Constitution and in his o#n land.
2 vote -RANT the petition.

PUNO, J., dissentin(0
This is a. petition fo pohibition and mandamus filed b" the Manila Pince 1otel Copoation, a domestic
copoation, to stop the -ovenment 'evice 2nsuance '"stem >-'2'? fom sellin( the contollin( shaes of the
Manila 1otel Copoation to a foei(n copoation. Alle(edl", the sale violates the second paa(aph of section 1*,
Aticle D22 of the Constitution.
Respondent -'2' is a (ovenment-o#ned and contolled copoation. 2t is the sole o#ne of the Manila 1otel
#hich it opeates thou(h its subsidia", the Manila 1otel Copoation. Manila 1otel #as included in the
pivati5ation po(am of the (ovenment. 2n 1++%, -'2' poposed to sell to inteested bu"es @*U to %1U of its
shaes, an(in( fom +,***,*** to 1%,@**,*** shaes, in the Manila 1otel Copoation. Afte the absence of bids
at the fist public biddin(, the bloc. of shaes offeed fo sale #as inceased fom a ma3imum of @*U to %1U.
Also, the #innin( bidde, o the eventual )state(ic patne) of the -'2' #as e!uied to )povide mana(ement
e3petise andLo an intenational ma.etin(Lesevation s"stem, and financial suppot to sten(then the pofitabilit"
and pefomance of the Manila 1otel)
1
The poposal #as appoved b" espondent Committee on Pivati5ation.
2n Bul" 1++%, a confeence #as held #hee pe!ualification documents and the biddin( ules #ee funished
inteested paties. Petitione Manila Pince 1otel, a domestic copoation, and Renon( Behad, Mala"sian fim
#ith 2TT 'heaton as opeato, pe!ualified.
2
The biddin( ules and pocedues entitled )-uidelines and Pocedues0 'econd Pe!ualification and Public
Biddin( of the M1C Pivati5ation) povide0
2 2NTR67<CT26N AN7 12-1=2-1T'
7ETERM2N2N- T1E ;2NN2N- B277ERL'TRATE-2C PARTNER
The pat" that accomplishes the steps set foth belo# #ill be declaed the ;innin(
BiddeL'tate(ic Patne and #ill be a#aded the Bloc. of 'haes0
,ist C Pass the pe!ualification pocessI
'econd C 'ubmit the hi(hest bid on a price per share basis fo the Bloc. of 'haesI
111
Thid C Ne(otiate and e3ecute the necessa" contacts #ith -'2'LM1C not late than 6ctobe
$@, 1++%I
333 333 333
2E -<27E=2NE' ,6R PREO<A=2,2CAT26N
A. PART2E' ;16 MAP APP=K ,6R PREO<A=2,2CAT26N
The ;innin( BiddeL'tate(ic Patne #ill be e3pected to povide mana(ement
e3petise andLo an intenational ma.etin( esevation s"stem, and financial
suppot to sten(then the pofitabilit" and pefomance of The Manila 1otel. 2n
this conte3t, the -'2' is invitin( to the pe!ualification pocess an" local andLo
foei(n copoation, consotiumL8oint ventue o 8uidical entit" #ith at least one of
the follo#in( !ualifications0
a. Poven mana(ement .e3petise in the hotel indust"I o
b. 'i(nificant e!uit" o#neship >i.e. boad epesentation? in
anothe hotel compan"I o
c. 6veall mana(ement and ma.etin( e3petise to successfull"
opeate the Manila 1otel.
Paties inteested in biddin( fo M1C should be able to povide access to the
e!uisite mana(ement e3petise andLo intenational ma.etin(Lesevation
s"stem fo The Manila 1otel.
333 333 333
7. PREO<A=2,2CAT26N 76C<MENT'
333 333 333
E. APP=2CAT26N PR6CE7<RE
1. >5(.MEN8' AVA,LA;LE A8 8GE REG,'8RA8,5N 5::,(E
The pe!ualification documents can be secued at the Re(istation 6ffice
bet#een +0** AM to A0** PM duin( #o.in( da"s #ithin the peiod specified in
'ection 222. Each set of documents consists of the follo#in(0
a. -uidelines and Pocedues0 'econd Pe!ualification and
Public Biddin( of the M1C Pivati5ation
b. Confidential 2nfomation Memoandum0 The Manila 1otel
Copoation
c. =ette of 2nvitation. to the Pe!ualification and Biddin(
Confeence
333 333 333
11$
A. REF.AL,:,(A8,5N AN> ;,>>,NG (5N:EREN(E
A pe!ualification and biddin( confeence #ill be held at The Manila 1otel on the
date specified in 'ection 222 to allo# the Applicant to see. claifications and
futhe infomation e(adin( the (uidelines and pocedues. 6nl" those #ho
puchased the pe!ualification documents #ill be allo#ed in this confeence.
Attendance to this confeence is ston(l" advised, althou(h the Applicant #ill not
be penali5ed if it does not attend.
%. '.;M,'',5N 5: REF.AL,:,(A8,5N >5(.MEN8'
The applicant should submit % sets of the pe!ualification documents >1 oi(inal
set plus A copies? at the Re(istation 6ffice bet#een +0** AM to A0** PM duin(
#o.in( da"s #ithin the peiod specified in 'ection 222.
,. PREO<A=2,2CAT26N PR6CE''
1. The Applicant #ill be evaluated b" the PBAC #ith the
assistance of the TEC based on the 2nfomation Pac.a(e and
othe infomation available to the PBAC.
$. 2f the Applicant is a ConsotiumLBoint Eentue, the evaluation
#ill conside the oveall !ualifications of the (oup, ta.in( into
account the contibution of each membe to the ventue.
@. The decision of the PBAC #ith espect to the esults of the
PBAC evaluation #ill be final.
A. The Applicant shall be evaluated accodin( to the citeia set
foth belo#0
a. Business mana(ement e3petise, tac.
ecod, and e3peience
b. ,inancial capabilit".
c. ,easibilit" and acceptabilit" of the poposed
state(ic plan fo the Manila 1otel
%. The PBAC #ill shotlist such numbe of Applicants as it ma" deem appopiate.
&. The paties that pe!ualified in the fist M1C public biddin( C 2TT 'heaton,
Maiot 2ntenational 2nc., Renaissance 1otels 2ntenational 2nc., consotium of
RCBC CapitalLRit5 Calton C ma" paticipate in the Public Biddin( #ithout
havin( to unde(o the pe!ualification pocess a(ain.
-. 'G5R8L,'8 5: F.AL,:,E> ;,>>ER'
1. A notice of pe!ualification esults containin( the shotlist of Oualified Biddes
#ill be posted at the Re(istation 6ffice at the date specified in 'ection 222.
11@
$. 2n the case of a ConsotiumLBoint Eentue, the #ithda#al b" membe #hose
!ualification #as a mateial consideation fo bein( included in the shotlist is
(ound fo dis!ualification of the Applicant.
E. -<27E=2NE' ,6R T1E P<B=2C B2772N-
A. PART2E' ;16 MAK PART2C2PATE 2N T1E P<B=2C B2772N-
All paties in the shotlist of Oualified Biddes #ill be eli(ible to paticipate in the
Public Biddin(.
B. B=6C9 6, '1ARE'
A an(e of Nine Million >+,***,***? to ,ifteen Million Thee 1unded Thousand
>1%,@**,***? shaes of stoc. epesentin( Thit" Pecent to ,ift"-6ne Pecent
>@*U-%1U? of the issued and outstandin( shaes of M1C, #ill be offeed in the
Public Biddin( b" the -'2'. The Oualified Biddes #ill have the 6ption of
deteminin( the numbe of shaes #ithin the an(e to bid fo. The an(e is
intended to attact biddes #ith diffeent pefeences and ob8ectives fo the
opeation and mana(ement of The Manila 1otel.
C. M2N2M<M B27 REO<2RE7 6N A PR2CE PER '1ARE BA'2'
1. Bids #ill be evaluated on a price per share basis. The minimum bid e!uied
on a pice pe shae basis fo the Bloc. of 'haes is Thit"-'i3 Pesos and 'i3t"-
'even Centavos >P@&.&/?.
$. Bids should be in the Philippine cuenc" pa"able to the -'2'.
@. Bids submitted #ith an e!uivalent pice pe shae belo# the minimum e!uied
#ill not consideed.
7. TRAN',ER C6'T'
333 333 333
E. 6,,2C2A= B27 ,6RM
1. Bids must be contained in the pescibed 6fficial Bid ,om, a cop" of #hich is
attached as Anne3 2E. The 6fficial Bid ,om must be popel" accomplished in all
detailsI impope accomplishment ma" be a sufficient basis fo dis!ualification.
$. 7uin( the Public Biddin(, the Oualified Bidde #ill submit the 6fficial Bid
,om, #hich #ill indicate the offeed puchase pice, in a sealed envelope
ma.ed )6,,2C2A= B27.)
,. '<PP6RT2N- 76C<MENT'
7uin( the Public Biddin(, the follo#in( documents should be submitted alon(
#ith the bid in a sepaate envelop ma.ed )'<PP6RT2N- 76C<MENT')0
1. HR,88EN A.8G5R,89 85 ;,> B.N>ER 5A8GC.
11A
2f the Oualified Bidde is a copoation, the epesentative of the Oualified Bidde
should submit a Boad esolution #hich ade!uatel" authoi5es such
epesentative to bid fo and in behalf of the copoation #ith full authoit" to
pefom such acts necessa" o e!uisite to bind the Oualified Bidde.
2f the Oualified Bidde is a ConsotiumLBoint Eentue, each membe of the
ConsotiumLBoint ventue should submit a Boad esolution authoi5in( one of its
membes and such membe:s epesentative to ma.e the bid on behalf of the
(oup #ith full authoit" to pefom such acts necessa" o e!uisite to bind the
Oualified Bidde.
$. ;,> 'E(.R,89
a. The Oualified Bidde should deposit Thit"-Thee Million Pesos >P@@,***,**?,
in Philippine cuenc" as Bid 'ecuit" in the fom of0
i. Mana(e:s chec. o unconditional demand daft pa"able to the
)-ovenment 'evice 2nsuance '"stem) and issued b" a
eputable ban.in( institution dul" licensed to do business in the
Philippines and acceptable to -'2'I o
ii. 'tandb"-b" lette of cedit issued b" a eputable ban.in(
institution acceptable to the -'2'.
b. The -'2' #ill e8ect a bid if0
i. The bid does not have Bid 'ecuit"I o
ii. The Bid 'ecuit" accompan"in( the bid is fo less than the
e!uied amount.
c. 2f the Bid 'ecuit" is in the fom of a mana(e:s chec. o unconditional demand
daft, the inteest eaned on the Bid 'ecuit" #ill be fo the account of -'2'.
d. 2f the Oualified Bidde becomes the #innin( BiddeL'tate(ic Patne, the Bid
'ecuit" #ill be applied as the do#npa"ment on the Oualified Bidde:s offeed
puchase pice.
e. The Bid 'ecuit" of the Oualified Bidde #ill be etuned immediatel" afte the
Public Biddin( if the Oualified Bidde is not declaed the 1i(hest Bidde.
f. The Bid 'ecuit" #ill be etuned b" 6ctobe $@, 1++% if the 1i(hest Bidde is
unable to ne(otiate and e3ecute #ith -'2'LM1C the Mana(ement Contact,
2ntenational Ma.etin(LResevation '"stem Contact o othe t"pes of contact
specified b" the 1i(hest Bidde in its state(ic plan fo The Manila 1otel.
(. The Bid 'ecuit" of the 1i(hest Bidde #ill be fofeited in favo of -'2' if the
1i(hest Bidde, afte ne(otiatin( and e3ecutin( the Mana(ement Contact,
2ntenational Ma.etin(LResevation '"stem Contact specified b" the 1i(hest
Bidde o othe t"pes of contact in its state(ic plan fo The Manila 1otel, fails o
efuses to0
11%
i. E3ecute the 'toc. Puchase and 'ale A(eement #ith -'2'
not late than 6ctobe $@, 1++%I o
ii. Pa" the full amount of the offeed puchase pice not late than
6ctobe $@, 1++%I o
iii. Consummate the sale of the Bloc. of 'haes fo an" othe
eason.
-. '<BM2''26N 6, B27'
1. The Public Biddin( #ill be held on 'eptembe /, 1++% at the follo#in( location0
Ne# -'2' 1ead!uates Buildin(
,inancial Cente, Reclamation Aea
Ro3as Boulevad, Pasa" Cit", Meto Manila.
$. The 'ecetaiat of the PBAC #ill be stationed at the Public Biddin( to accept
an" and all bids and suppotin( e!uiements. Repesentatives fom the
Commission on Audit and C6P #ill be invited to #itness the poceedin(s.
@. The Oualified Bidde should submit its bid usin( the 6fficial Bid ,om. The
accomplished 6fficial Bid ,om should be submitted in a sealed envelope
ma.ed )6,,2C2A= B27.)
A. The Oualified Bidde should submit the follo#in( documents in another sealed
envelope ma.ed )'<PP6RT2N- B27 76C<MENT')
a. ;itten Authoit" Bid
b. Bid 'ecuit"
%. The t#o sealed envelopes ma.ed )6,,2C2A= B27) and )'<PP6RT2N- B27
76C<MENT') must be submitted simultaneousl" to the 'ecetaiat bet#een
+0** AM and $0** PM, Philippine 'tandad Time, on the date of the Public
Biddin(. No bid shall be accepted afte the closin( time. 6pened o tampeed
bids shall not be accepted.
&. The 'ecetaiat #ill lo( and ecod the actual time of submission of the t#o
sealed envelopes. The actual time of submission #ill also be indicated b" the
'ecetaiat on the face of the t#o envelopes.
/. Afte 'tep No. &, the t#o sealed envelopes #ill be dopped in the
coespondin( bid bo3es povided fo the pupose. These bo3es #ill be in full
vie# of the invited public.
1. 6PEN2N- AN7 REA72N- 6, B27'
1. Afte the closin( time of $0** PM on the date of the Public Biddin(, the PBAC
#ill open all sealed envelopes ma.ed )'<PP6RT2N- B27 76C<MENT') fo
sceenin(, evaluation and acceptance. Those #ho submitted
incompleteLinsufficient documents o documentLs #hich isLae not substantiall" in
11&
the fom e!uied b" PBAC #ill be dis!ualified. The envelope containin( thei
6fficial Bid ,om #ill be immediatel" etuned to the dis!ualified biddes.
$. The sealed envelopes ma.ed )6,,2C2A= B27) #ill be opened at @0** PM. The
name of the bidde and the amount of its bid pice #ill be ead publicl" as the
envelopes ae opened.
@. 2mmediatel" follo#in( the eadin( of the bids, the PBAC #ill fomall" announce
the hi(hest bid and the 1i(hest Bidde.
A. The hi(hest bid #ill be, detemined on a price per share basis. 2n the event of
a tie #heein t#o o moe bids have the same e!uivalent pice pe shae, pioit"
#ill be (iven to the bidde see.in( the la(e o#neship inteest in M1C.
%. The Public Biddin( #ill be declaed a failed biddin( in case0
a. No sin(le bid is submitted #ithin the pescibed peiodI o
b. Thee is onl" one >1? bid that is submitted and acceptable to
the PBAC.
2. EDEC<T26N 6, T1E NECE''ARK C6NTRACT' ;2T1 -'2'LM1C
1. The 1i(hest Bidde must compl" #ith the conditions set foth belo# b"
6ctobe $@, 1++% o the 1i(hest Bidde #ill lose the i(ht to puchase the Bloc.
of 'haes and -'2' #ill instead offe the Bloc. of 'haes to the othe Oualified
Biddes0
a. The 1i(hest Bidde must ne(otiate and e3ecute #ith
-'2'LM1C the Mana(ement Contact, 2ntenational Ma.etin(
Resevation '"stem Contact o othe t"pe of contact specified
b" the 1i(hest Bidde in its state(ic plan fo The Manila 1otel. 2f
the 1i(hest Bidde is intendin( to povide onl" financial suppot
to The Manila 1otel, a sepaate institution ma" ente into the
afoementioned contactLs #ith -'2'LM1C.
b. The 1i(hest Bidde must e3ecute the 'toc. Puchase and
'ale A(eement #ith -'2', a cop" of #hich #ill be distibuted to
each of the Oualified Bidde afte the pe!ualification pocess is
completed.
$. 2n the event that the 1i(hest Bidde chooses a Mana(ement Contact fo The
Manila 1otel, the ma3imum levels fo the mana(ement fee stuctue that
-'2'LM1C ae pepaed to accept in the Mana(ement Contact ae as follo#s0
a. Basic mana(ement fee0 Ma3imum of $.%U of (oss evenues.
>1?
b. 2ncentive fee0 Ma3imum of H.*U of (oss opeatin( pofit>1?
afte deductin( undistibuted ovehead e3penses and the basic
mana(ement fee.
11/
c. ,i3ed component of the intenational ma.etin(Lesevation
s"stem fee0 Ma3imum of $.*U of (oss oom evenues.>1? The
Applicant should indicate in its 2nfomation Pac.a(e if it is #ishes
to cha(e this fee.
Note >1?0 As defined in the unifom s"stem of account fo hotels.
The -'2'LM1C have indicated above the acceptable paametes fo the hotel
mana(ement fees to facilitate the ne(otiations #ith the 1i(hest Bidde fo the
Mana(ement Contact afte the Public Biddin(.
A Oualified Bidde envisionin( a Mana(ement Contact fo The Manila 1otel
should detemine #hethe o not the mana(ement fee stuctue above is
acceptable befoe submittin( thei pe!ualification documents to -'2'.
B. B=6C9 'A=E T6 T1E 6T1ER O<A=2,2E7 B277ER'
1. 2f fo an" eason, the 1i(hest Bidde cannot be a#aded the Bloc. of 'haes,
-'2' ma" offe this to the othe Oualified Biddes that have validl" submitted
bids povided that these Oualified ae #illin( to match the hi(hest bid in tems
of price per share.
$. The ode of pioit" amon( the inteested Oualified Biddes #ill be in
accodance #it the e!uivalent price per share of thei espective bids in thei
public Biddin(, i.e., fist and second pioit" #ill be (iven to the Oualified Biddes
that submitted the second and thid hi(hest bids on the price per share basis,
espectivel", and so on.
9. 7EC=ARAT26N 6, T1E ;2NN2N- B277ERL'TRATE-2C PARTNER
The 1i(hest Bidde #ill be declaed the ;innin( BiddeL'tate(ic Patne afte
the follo#in( conditions ae met0
a. E3ecution of the necessa" contact #ith -'2'LM1C not late
than 6ctobe $@, 1++%I and
b. Re!uisite appovals fom the -'2'LM1C and C6PL6-CC ae
obtained.
2. ,<== PAKMENT ,6R T1E B=6C9 6, '1ARE'
1. <pon e3ecution of the necessa" contacts #ith -'2'LM1C, the ;innin(
BiddeL'tate(ic Patne must full" pa", not late than 6ctobe $@, 1++%, the
offeed puchase pice fo the Bloc. of 'haes afte deductin( the Bid 'ecuit"
applied as do#npa"ment.
$. All pa"ments should be made in the fom of a Mana(e:s Chec. o
unconditional 7emand 7aft, pa"able to the )-ovenment 'evice 2nsuance
'"stem,) issued b" a eputable ban.in( institution licensed to do business in the
Philippines and acceptable to -'2'.
M. -ENERA= C6N72T26N'
11H
1. The -'2' unconditionall" eseves the i(ht to e8ect an" o all applications,
#aive an" fomalit" theein, o accept such application as ma"be consideed
most advanta(eous to the -'2'. The -'2' similal" eseves the i(ht to e!uie
the submission of an" additional infomation fom the Applicant as the PBAC ma"
deem necessa".
$. The -'2' futhe eseves the i(ht to call off the Public Biddin( pio to
acceptance of the bids and call fo a ne# public biddin( unde amended ules,
and #ithout an" liabilit" #hatsoeve to an" o all the Oualified Biddes, e3cept the
obli(ation to etun the Bid 'ecuit".
@. The -'2' eseves the i(ht to eset the date of the pe!ualificationLbiddin(
confeence, the deadline fo the submission of the pe!ualification documents,
the date of the Public Biddin( o othe petinent activities at least thee >@?
calenda da"s pio to the espective deadlinesLta(et dates.
A. The -'2' sells onl" #hateve i(hts, inteest and paticipation it has on the
Bloc. of 'haes.
%. All documents and mateials submitted b" the Oualified Biddes, e3cept the
Bid 'ecuit", ma" be etuned upon e!uest.
&. The decision of the PBACL-'2' on the esults of the Public Biddin( is final.
The Oualified Biddes, b" paticipatin( in the Public Biddin(, ae deemed to have
a(eed to accept and abide b" these esults.
/. The -'2' #ill be held fee and hamless fom an" liabilit", suit o alle(ation
aisin( out of the Public Biddin( b" the Oualified Biddes #ho have paticipated in
the Public Biddin(.
3
The second public biddin( #as held on 'eptembe 1H, 1++%. Petitione bidded PA1.** pe shae fo 1%,@**,***
shaes and Renon( Behad bidded PAA.** pe shae also fo 1%,@**,*** shaes. The -'2' declaed Renon(
Behad the hi(hest bidde and immediatel" etuned petitione:s bid secuit".
6n 'eptembe $H, 1++%, ten da"s afte the biddin(, petitione #ote to -'2' offein( to match the bid pice of
Renon( Behad. 2t e!uested that the a#ad be made to itself citin( the second paa(aph of 'ection 1*, Aticle
D22 of the Constitution. 2t sent a mana(e:s chec. fo thit"-thee million pesos >P@@,***,***.**? as bid secuit".
Respondent -'2', then in the pocess of ne(otiatin( #ith Renon( Behad the tems and conditions of the
contact and technical a(eements in the opeation of the hotel, efused to entetain petitione:s e!uest.
1ence, petitione filed the pesent petition. ;e issued a tempoa" estainin( ode on 6ctobe 1H, 1++%.
Petitione anchos its plea on the second paa(aph of Aticle D22, 'ection 1* of the Constitution
4
on the )National
Econom" and Patimon") #hich povides0
333 333 333
2n the (ant of i(hts, pivile(es, and concessions covein( the national econom" and patimon",
the 'tate shall (ive pefeence to !ualified ,ilipinos.
333 333 333
11+
The vital issues can be summed up as follo#s0
>1? ;hethe section 1*, paa(aph $ of Aticle D22 of the Constitution is a self-e3ecutin( povision
and does not need implementin( le(islation to ca" it into effectI
>$? Assumin( section 1* paa(aph $ of Aticle D22 is self-e3ecutin( #hethe the contollin( shaes
of the Manila 1otel Copoation fom pat of ou patimon" as a nationI
>@? ;hethe -'2' is included in the tem )'tate,) hence, mandated to implement section 1*,
paa(aph $ of Aticle D22 of the ConstitutionI
>A? Assumin( -'2' is pat of the 'tate, #hethe it failed to (ive pefeence to petitione, a
!ualified ,ilipino copoation, ove and above Renon( Behad, a foei(n copoation, in the sale of
the contollin( shaes of the Manila 1otel CopoationI
>%? ;hethe petitione is estopped fom !uestionin( the sale of the shaes to Renon( Behad, a
foei(n copoation.
Anent the fist issue, it is no# familia leanin( that a Constitution povides the (uidin( policies and pinciples
upon #hich is built the substantial foundation and (eneal fame#o. of the la# and (ovenment.
+
As a ule, its
povisions ae deemed self-e3ecutin( and can be enfoced #ithout futhe le(islative action.
6
'ome of its
povisions, ho#eve, can be implemented onl" thou(h appopiate la#s enacted b" the =e(islatue, hence not
self-e3ecutin(.
To detemine #hethe a paticula povision of a Constitution is self-e3ecutin( is a had o# to hoe. The .e" lies
on the intent of the fames of the fundamental la# oftentimes subme(ed in its lan(ua(e. A seachin( in!ui"
should be made to find out if the povision is intended as a pesent enactment, complete in itself as a definitive
la#, o if it needs futue le(islation fo completion and enfocement.
)
The in!ui" demands a mico-anal"sis of the
te3t and the conte3t of the povision in !uestion.
8
Couts as a ule conside the povisions of the Constitution as self-e3ecutin(,
9
athe than as e!uiin( futue
le(islation fo thei enfocement.
1*
The eason is not difficult to discen. ,o if the" ae not teated as self-
e3ecutin(, the mandate of the fundamental la# atified b" the soveei(n people can be easil" i(noed and nullified
b" Con(ess.
11
'uffused #ith #isdom of the a(es is the un"ieldin( ule that le(islative actions ma" (ive beath to
constitutional i(hts but con(essional in action should not suffocate them.
12
Thus, #e have teated as self-e3ecutin( the povisions in the Bill of Ri(hts on aests, seaches and
sei5ues,
13
the i(hts of a peson unde custodial investi(ation,
14
the i(hts of an accused,
1+
and the pivile(e
a(ainst self-incimination,
16
2t is eco(ni5e a that le(islation is unnecessa" to enable couts to effectuate
constitutional povisions (uaanteein( the fundamental i(hts of life, libet" and the potection of popet".
1)
The
same teatment is accoded to constitutional povisions fobiddin( the ta.in( o dama(in( of popet" fo public
use #ithout 8ust compensation.
18
Contai#ise, case la# la"s do#n the ule that a constitutional povision is not self-e3ecutin( #hee it meel"
announces a polic" and its lan(ua(e empo#es the =e(islatue to pescibe the means b" #hich the polic" shall
be caied into effect.
19
Accodin(l", #e have held that the povisions in Aticle 22 of ou Constitution entitled
)7eclaation of Pinciples and 'tate Policies) should (eneall" be constued as mee statements of pinciples of
the 'tate.
2*
;e have also uled that some povisions of Aticle D222 on )'ocial Bustice and 1uman Ri(hts,)
21
and
Aticle D2E on )Education 'cience and Technolo(", Ats, Cultue end 'pots)
22
cannot be the basis of 8udiciall"
enfoceable i(hts. Thei enfocement is addessed to the discetion of Con(ess thou(h the" povide the
fame#o. fo le(islation
23
to effectuate thei polic" content.
24
1$*
-uided b" this map of settled 8uispudence, #e no# conside #hethe 'ection 1*, Aticle D22 of the 1+H/
Constitution is self-e3ecutin( o not. 2t eads0
'ec. 1*. The Con(ess shall, upon ecommendation of the economic and plannin( a(enc", #hen
the national inteest dictates, eseve to citi5ens of the Philippines o to copoations o
associations at least si3t" per centum of #hose capital is o#ned b" such citi5ens, o such hi(he
pecenta(e as Con(ess ma" pescibe, cetain aeas of investments. The Con(ess shall enact
measues that #ill encoua(e the fomation and opeation of entepises #hose capital is #holl"
o#ned b" ,ilipinos.
2n the (ant of i(hts, pivile(es, and concessions covein( the national econom" and patimon",
the 'tate shall (ive pefeence to !ualified ,ilipinos.
The 'tate shall e(ulate and e3ecise authoit" ove foei(n investments #ithin its national
8uisdiction and in accodance #ith its national (oals and pioities.
The fist paa(aph diects Con(ess to eseve cetain aeas of investments in the count"
2+
to ,ilipino
citi5ens o to copoations si3t" pe
cent
26
of #hose capital stoc. is o#ned b" ,ilipinos. 2t futhe commands Con(ess to enact la#s that #ill
encoua(e the fomation and opeation of one hunded pecent ,ilipino-o#ned entepises. 2n chec.eed
contast, the second paa(aph odes the entie 'tate to (ive pefeence to !ualified ,ilipinos in the (ant
of i(hts and pivile(es covein( the national econom" and patimon". The thid paa(aph also diects the
'tate to e(ulate foei(n investments in line #ith ou national (oals and #ell-set pioities.
The fist paa(aph of 'ection 1* is not self-e3ecutin(. B" its e3pess te3t, thee is a cate(oical command
fo Con(ess to enact la#s estictin( foei(n o#neship in cetain aeas of investments in the count" and
to encoua(e the fomation and opeation of #holl"-o#ned ,ilipino entepises. The i(ht (anted b" the
povision is cleal" still in esse. Con(ess has to beathe life to the i(ht b" means of le(islation.
Paentheticall", this paa(aph #as pluc.ed fom section @, Aticle D2E of the 1+/@ Constitution.
2)
The
povision in the 1+/@ Constitution affimed ou ulin( in the landma. case of Lao ,chon)
v. Gernandez,
28
#hee #e upheld the discetiona" authoit" of Con(ess to ,ilipini5e cetain aeas of
investments.
29
B" eenactin( the 1+/@ povision, the fist paa(aph of section 1* affimed the po#e of
Con(ess to nationali5e cetain aeas of investments in favo of ,ilipinos.
The second and thid paa(aphs of 'ection 1* ae diffeent. The" ae diected to the 'tate and not to Con(ess
alone #hich is but one of the thee (eat banches of ou (ovenment. Thei covea(e is also boade fo the"
cove )the national econom" and patimon") and )foei(n investments #ithin FtheG national 8uisdiction) and not
meel" )cetain aeas of investments.) Be"ond debate, the" cannot be ead as (antin( Con(ess the e3clusive
po#e to implement b" la# the polic" of (ivin( pefeence to !ualified ,ilipinos in the confeal of i(hts and
pivile(es covein( ou national econom" and patimon". Thei lan(ua(e does not su((est that an" of the 'tate
a(enc" o instumentalit" has the pivile(e to hed(e o to efuse its implementation fo an" eason #hatsoeve.
Thei dut" to implement is unconditional and it is no#. The second and the thid paa(aphs of 'ection 1*, Aticle
D22 ae thus self-e3ecutin(.
This submission is sten(thened b" Aticle 22 of the Constitution entitled )7eclaation of Pinciples and 'tate
Policies.) 2ts 'ection 1+ povides that )FTGhe 'tate shall develop a self-eliant and independent national econom"
effectivel" contolled b" ,ilipinos.) 2t en(afts the all-impotant ,ilipino ,ist polic" in ou fundamental la# and b"
the use of the mandato" #od )shall,) diects its enfocement b" the #hole 'tate #ithout an" pause o a half-
pause in time.
The second issue is #hethe the sale of a ma8oit" of the stoc.s of the Manila 1otel Copoation involves the
disposition of pat of ou national patimon". The ecods of the Constitutional Commission sho# that the
Commissiones entetained the same vie# as to its meanin(. Accodin( to Commissione Nolledo, )patimon")
efes not onl" to ou ich natual esouces but also to the cultual heita(e of ou ace.
3*
B" this "adstic., the
1$1
sale of Manila 1otel falls #ithin the covea(e of the constitutional povision (ivin( pefeential teatment to
!ualified ,ilipinos in the (ant of i(hts involvin( ou national patimon". The uni!ue value of the Manila 1otel to
ou histo" and cultue cannot be vie#ed #ith a m"opic e"e. The value of the hotel (oes be"ond pesos and
centavos. As chonicled b" Beth 7a" Romulo,
31
the hotel fist opened on Bul" A, 1+1$ as a fist-class hotel built
b" the Ameican 2nsula -ovenment fo Ameicans livin( in, o passin( thou(h, Manila #hile tavelin( to the
6ient. 2ndi(enous mateials and ,ilipino caftsmanship #ee utili5ed in its constuction, ,o sometime, it #as
e3clusivel" used b" Ameican and Caucasian taveles and seved as the )official (uesthouse) of the Ameican
2nsula -ovenment fo visitin( foei(n di(nitaies. ,ilipinos be(an comin( to the 1otel as (uests duin( the
Common#ealth peiod. ;hen the Bapanese occupied Manila, it seved as milita" head!uates and lod(in( fo
the hi(hest-an.in( offices fom To."o. 2t #as at the 1otel and the 2ntamuos that the Bapanese made thei last
stand duin( the =ibeation of Manila. Afte the #a, the 1otel a(ain seved foei(n (uests and ,ilipinos ali.e.
Pesidents and .in(s, pemies and potentates, as #ell as (lamoous intenational film and spots celebities #ee
housed in the 1otel. 2t #as also the situs of intenational conventions and confeences. 2n the local scene, it #as
the venue of histoic meetin(s, paties and conventions of political paties. The 1otel has eaped and continues
eapin( numeous eco(nitions and a#ads fom intenational hotel and tavel a#ad-(ivin( bodies, a fittin(
ac.no#led(ment of ,ilipino talent and in(enuit". These ae 8udiciall" co(ni5able facts #hich cannot be bent b" a
biased mind.
The 1otel ma" not, as "et, have been declaed a national cultual teasue pusuant to Republic Act No. AHA& but
that does not e3clude it fom ou national patimon". Republic Act No. AHA&, )The Cultual Popeties Pesevation
and Potection Act,) meel" povides a pocedue #heeb" a paticula cultual popet" ma" be classified a
)national cultual teasue) o an )impotant cultual popet".
32
Appoved on Bune 1H, 1+&& and amended b" P.7.
@/A in 1+/A, the la# is limited in its each and cannot be ead as the e3clusive la# implementin( section 1*,
Aticle D22 of the 1+H/ Constitution. To be sue, the la# does not e!uate cultual teasue and cultual popet" as
s"non"mous to the phase )patimon" of the nation.)
The thid issue is #hethe the constitutional command to the 'tate includes the espondent -'2'. A loo. at its
chate #ill eveal that -'2' is a (ovenment-o#ned and contolled copoation that administes funds that come
fom the monthl" contibutions of (ovenment emplo"ees and the (ovenment.
33
The funds ae held in tust fo a
distinct pupose #hich cannot be disposed of indiffeentl".
34
The" ae to be used to finance the etiement,
disabilit" and life insuance benefits of the emplo"ees and the administative and opeational e3penses of the
-'2',
3+
E3cess funds, ho#eve, ae allo#ed to be invested in business and othe ventues fo the benefit of the
emplo"ees.
36
2t is thus contended that the -'2' investment in the Manila 1otel Copoation is a simple business
ventue, hence, an act be"ond the contemplation of section 1*, paa(aph $ of Aticle D22 of the Constitution.
The submission is unimpessive. The -'2' is not a pue pivate copoation. 2t is essentiall" a public copoation
ceated b" Con(ess and (anted an oi(inal chate to seve a public pupose. 2t is sub8ect to the 8uisdictions of
the Civil 'evice Commission
3)
and the Commission on Audit.
38
As state-o#ned and contolled copoation, it is
s.in-bound to adhee to the policies spelled out in the (eneal #elfae of the people. 6ne of these policies is the
,ilipino ,ist polic" #hich the people elevated as a constitutional command.
The fouth issue demands that #e loo. at the content of phase )!ualified ,ilipinos) and thei )pefeential i(ht.)
The Constitution desisted fom definin( thei contents. This is as it ou(ht to be fo a Constitution onl" la"s do#n
fle3ible policies and pinciples #hich can bent to meet toda":s manifest needs and tomoo#:s unmanifested
demands. 6nl" a constitution stun( #ith elasticit" can (o# as a livin( constitution.
Thus, duin( the delibeations in the Constitutional Commission, Commissione Nolledo to define the phase
bushed aside a su((estion to define the phase )!ualified ,ilipinos.) 1e e3plained that pesent and pospective
)la#s) #ill ta.e cae of the poblem of its intepetation, viz0
333 333 333
T1E PRE'27ENT. ;hat is the su((estion of Commissione
Rodi(o4 2s it to emove the #od )O<A=2,2E74)
1$$
MR. R67R2-6. No, no, but sa" definitel" )T6 O<A=2,2E7
,2=2P2N6') as a(ainst #hom4 As a(ainst aliens ove aliens4
MR. N6==E76. Madam Pesident, 2 thin. that is undestood. ;e
use the #od )O<A=2,2E7) because the e3istin( la#s o the
pospective la#s #ill al#a"s la" do#n conditions unde #hich
business map be done, fo e3ample, !ualifications on capital,
!ualifications on the settin( up of othe financial stuctues, et
cetea.
MR. R67R2-6. 2t is 8ust a matte of st"le.
MR. N6==E76 Kes.
MR. R67R2-6. 2f #e sa", )PRE,ERENCE T6 O<A=2,2E7
,2=2P2N6',) it can be undestood as (ivin( pefeence to
!ualified ,ilipinos as a(ainst ,ilipinos #ho ae not !ualified.
MR. N6==E76. Madam Pesident, that #as the intention of the
poponents. The committee has accepted the amendment.
333 333 333
As peviousl" discussed, the constitutional command to enfoce the ,ilipino ,ist polic" is addessed to
the 'tate and not to Con(ess alone. 1ence, the #od )la#s) should not be undestood as limited to
le(islations but all state actions #hich include applicable ules and e(ulations adopted b" a(encies and
instumentalities of the 'tate in the e3ecise of thei ule-ma.in( po#e. 2n the case at ba, the biddin(
ules and e(ulations set foth the standads to measue the !ualifications of biddes ,ilipinos and
foei(nes ali.e. 2t is not seiousl" disputed that petitione !ualified to bid as did Renon( Behad.
39
Thus, #e come to the citical issue of the de(ee of pefeence #hich -'2' should have accoded petitione, a
!ualified ,ilipino, ove Renon( Behad, a foei(ne, in the puchase of the contollin( shaes of the Manila 1otel.
Petitione claims that afte losin( the bid, this i(ht of pefeence (ives it a second chance to match the hi(hest bid
of Renon( Behad.
;ith due espect, 2 cannot sustain petitione:s submission. 2 pescind fom the pemise that the second paa(aph
of section 1*, Aticle D22 of the Constitution is po-Pilipino but not anti-alien. 2t is po-,ilipino fo it (ives pefeence
to ,ilipinos. 2t is not, ho#eve, anti-alien per se fo it does not absolutel" ba aliens in the (ant of i(hts, pivile(es
and concessions covein( the national econom" and patimon". 2ndeed, in the absence of !ualified ,ilipinos, the
'tate is not pohibited fom (antin( these i(hts, pivile(es and concessions to foei(nes if the act #ill pomote
the #eal of the nation.
2n implementin( the polic" aticulated in section 1*, Aticle D22 of the Constitution, the stella tas. of ou 'tate
polic"-ma.es is to maintain a ceative tension bet#een t#o desideata C fist, the need to develop ou econom"
and patimon" #ith the help of foei(nes if necessa", and, second, the need to .eep ou econom" contolled b"
,ilipinos. Ri(htfull", the fames of the Constitution did not define the de(ee of the i(ht of pefeence to be (iven
to !ualified ,ilipinos. The" .ne# that fo the i(ht to seve the (eneal #elfae, it must have a malleable content
that can be ad8usted b" ou polic"-ma.es to meet the chan(in( needs of ou people. 2n fine, the i(ht of
pefeence of !ualified ,ilipinos is to be detemined b" de(ee as time dictates and cicumstances #aant. The
lesse the need fo alien assistance, the (eate the de(ee of the i(ht of pefeence can be (iven to ,ilipinos and
vice vese.
1$@
A(ain, it should be stessed that the i(ht and the dut" to detemine the de(ee of this pivile(e at an" (iven time
is addessed to the entie 'tate. ;hile unde ou constitutional scheme, the i(ht pimail" belon(s to Con(ess as
the la#ma.in( depatment of ou (ovenment, othe banches of (ovenment, and all thei a(encies and
instumentalities, shae the po#e to enfoce this state polic". ;ithin the limits of thei authoit", the" can act o
pomul(ate ules and e(ulations definin( the de(ee of this i(ht of pefeence in cases #hee the" have to ma.e
(ants involvin( the national econom" and 8udicial dut". 6n the othe hand, ou dut" is to sti.e do#n acts of the
state that violate the polic".
To date, Con(ess has not enacted a la# definin( the de(ee of the pefeential i(ht. Conse!uentl", #e must tun
to the ules and e(ulations of on espondents Committee Pivati5ation and -'2' to detemine the de(ee of
pefeence that petitione is entitled to as a !ualified ,ilipino in the sub8ect sale. A tealess loo. at the ules and
e(ulations #ill sho# that the" ae silent on the de(ee of pefeential i(ht to be accoded !ualified ,ilipino bidde.
7espite thei silence, ho#eve, the" cannot be ead to mean that the" do not (ant an" de(ee of pefeence to
petitione fo paa(aph $, section 1*, Aticle D22 of the Constitution is deemed pat of said ules and e(ulations.
Pusuant to le(al hemeneutics #hich demand that #e intepet ules to save them fom unconstitutionalit", 2
submit that the i(ht of pefeence of petitione aises onl" if it tied the bid of Benon( Behad. 2n that instance, all
thin(s stand e!ual, and bidde, as a !ualified Pilipino bidde, should be pefeed.
2t is #ith deep e(et that 2 cannot subscibe to the vie# that petitione has a i(ht to match the bid of Renon(
Behad. Petitione:s submission must be suppoted b" the ules but even if #e e3amine the ules inside-out
.thousand times, the" can not 8ustif" the claimed i(ht. <nde the ules, the i(ht to match the hi(hest bid aises
onl" )if fo an" eason, the hi(hest bidde cannot be a#aded bloc. of shaes . . .) No eason has aisen that #ill
pevent the a#ad to Renon( Behad. 2t !ualified as bidde. 2t complied #ith the pocedue of biddin(. 2t tendeed
the hi(hest bid. 2t #as declaed as the hi(hest bidde b" the -'2' and the ules sa" this decision is final. 2t
deseves the a#ad as a matte of i(ht fo the ules cleal" did not (ive to the petitione as a !ualified ,ilipino
pivile(e to match the hi(he bid of a foei(ne. ;hat the ules did not (ant, petitione cannot demand. 6u
s"mphaties ma" be #ith petitione but the cout has no po#e to e3tend the latitude and lon(titude of the i(ht of
pefeence as defined b" the ules. The paametes of the i(ht of pefeence depend on (ala3" of facts and
factos #hose detemination belon(s to the povince of the polic"-ma.in( banches and a(encies of the 'tate. ;e
ae dut"-bound to espect that detemination even if #e diffe #ith the #isdom of thei 8ud(ment. The i(ht the"
(ant ma" be little but #e must uphold the (ant fo as lon( as the i(ht of pefeence is not denied. 2t is onl" #hen
a 'tate action amounts to a denial of the i(ht that the Cout can come in and sti.e do#n the denial as
unconstitutional.
,inall", 2 submit that petitione is estopped fom assailin( the #innin( bid of Renon( Behad. Petitione #as a#ae
of the ules and e(ulations of the biddin(. 2t .ne# that the ules and e(ulations do not povide that a !ualified
,ilipino bidde can match the #innin( bid submittin( an infeio bid. 2t .ne# that the bid #as open to foei(nes
and that foei(nes !ualified even duin( the fist biddin(. Petitione cannot be allo#ed to epudiate the ules
#hich it a(eed to espect. 2t cannot be allo#ed to obe" the ules #hen it #ins and dise(ad them #hen it loses. 2f
sustained, petitiones: stance #ill #ea. havoc on he essence of biddin(. 6u la#s, ules and e(ulations e!uie
hi(hest biddin( to aise as much funds as possible fo the (ovenment to ma3imi5e its capacit" to delive essential
sevices to ou people. This is a dut" that must be discha(ed b" ,ilipinos and foei(nes paticipatin( in a biddin(
contest and the ules ae caefull" #itten to attain this ob8ective. Amon( othes, biddes ae pe!ualified to insue
thei financial capabilit". The biddin( is secet and the bids ae sealed to pevent collusion amon( the paties. This
ob8ective #ill be undemined if #e (ant petitione that pivile(e to .no# the #innin( bid and a chance to match it.
,o plainl", a second chance to bid #ill encoua(e a bidde not to stive to (ive the hi(hest bid in the fist biddin(.
;e suppot the ,ilipino ,ist polic" #ithout an" esevation. The visiona" nationalist 7on Clao M. Recto has
#aned us that the (eatest ta(ed" that can befall a ,ilipino is to be an alien in his o#n land. The Constitution has
embodied Recto:s counsel as a state polic". But #hile the ,ilipino ,ist polic" e!uies that #e incline to a ,ilipino,
it does not demand that #e #on( an alien. 6u polic" ma.es can #ite la#s and ules (ivin( favoed teatment
to the ,ilipino but #e ae not fee to be unfai to a foei(ne afte #itin( the la#s and the ules. Afte the la#s ae
#itten, the" must be obe"ed as #itten, b" ,ilipinos and foei(nes ali.e. The e!ual potection clause of the
Constitution potects all a(ainst unfainess. ;e can be po-,ilipino #ithout unfainess to foei(ne.
1$A
2 vote to dismiss the petition.
Narvasa" (.6." and Melo" 6." concur.


P!NG!N0!N, J., dissentin(0
2 e(et 2 cannot 8oin the ma8oit". To the incisive 7issentin( 6pinion of M. Bustice Re"nato '. Puno, ma" 2 8ust
add
1. The ma8oit" contends the Constitution should be intepeted to mean that, afte a biddin( pocess is
concluded, the losin( ,ilipino bidde should be (iven the i(ht to e!ual the hi(hest foei(n bid, and thus to #in.
1o#eve, the Constitution F'ec. 1* >$?, At. D22G simpl" states that )in the (ant of i(hts . . . covein( the national
econom" and patimon", the 'tate shall (ive pefeence to !ualified ,ilipinos.) The ma8oit" concedes that thee is
no la# definin) the e0tent or de)ree of such pefeence. 'pecifically" no statute empo!ers a losin) :ilipino bidder
to increase his bid and e2ual that of the !innin) forei)ner. 2n the absence of such empo#ein( la#, the ma8oit":s
stained intepetation, 2 espectfull" submit constitutes unadulteated *udicial le)islation" !hich ma+es biddin) a
ridiculous sham !here no :ilipino can lose and !here no forei)ner can !in. 6nl" in the PhilippinesV.
$. Aside fom bein( pohibited b" the Constitution, such 8udicial is shot-si(hted and, vie#ed popel", (avel"
pe8udicial to lon(-tem ,ilipino inteest. 2t encoua(es othe counties C in the (uise of evese comit" o #ose,
unabashed etaliation C to disciminate a(ainst us in thei o#n 8uisdictions b" authoi5in( thei o#n nationals to
similal" e!ual and defeat the hi(he bids of ,ilipino entepises solel", #hile on the othe hand, allo#in( simila
bids of othe foei(nes to emain unchallen(ed b" thei nationals. 8he ma*ority/s thesis !ill thus mar)inalize
:ilipinos as pariahs in the )lobal mar+etplace !ith absolute no chance of !innin) any biddin) outside our country.
Even authoitaian e(imes and hemit .in(doms have lon( a(o found out unfainess, (eed and isolation ae self-
defeatin( and in the lon(-tem, self-destuctin(.
The moal lesson hee is simple0 7o not do unto othe #hat "ou dont #ant othe to do unto "ou.
@. 2n the absence of a la# specif"in( the de(ee o e3tent of the ),ilipino ,ist) polic" of the Constitution, the
constitutional pefeence fo the )!ualified ,ilipinos) ma" be allo#ed onl" #hee all the bids ae e!ual. 2n this
manne, #e put the ,ilipino ahead #ithout self-destuctin( him and #ithout bein( unfai to the foei(ne.
2n shot, the Constitution mandates a victo" fo the !ualified ,ilipino onl" #hen the scoes ae tied. But not #hen
the ball(ame is ove and the foei(ne cleal" posted the hi(hest scoe.
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. 1618)2 !#r%6 13, 2**4
RE7. ELL; CH!7E( P!M!TONG, ES=URE, petitione,
vs.
COMMSSON ON ELECTONS, espondent.
RE'6=<T26N
1$%
TNG!, J.:
Petitione Rev. Ell" Eele5 Pamaton( filed his (ertificate of (andidacy fo Pesident on 7ecembe 1/, $**@.
Respondent Commission on Elections >C6ME=EC? efused to (ive due couse to petitioneWs (ertificate of
(andidacy in its Resolution No. &%%= dated Banua" 1/, $**A. The decision, ho#eve, #as not unanimous since
Commissiones =u5viminda -. Tancan(co and Mehol 9. 'adain voted to include petitione as the" believed he
had paties o movements to bac. up his candidac".
6n Banua" 1%, $**A, petitione moved fo econsideation of Resolution No. &%%=. PetitioneWs Motion for
Reconsideration #as doc.eted as 'PP >MP? No. *A-**1. The C6ME=EC, actin( on petitioneWs Motion for
Reconsideration and on simila motions filed b" othe aspiants fo national elective positions, denied the same
unde the ae(is of 5mnibus Resolution No. &&LN dated ,ebua" 11, $**A. The C6ME=EC declaed petitione
and thit"-five >@%? othes nuisance candidates #ho could not #a(e a nation#ide campai(n andLo ae not
nominated b" a political pat" o ae not suppoted b" a e(isteed political pat" #ith a national constituenc".
Commissione 'adain maintained his vote fo petitione. B" then, Commissione Tancan(co had etied.
2n this etition :or Hrit of (ertiorari, petitione see.s to evese the esolutions #hich #ee alle(edl" endeed in
violation of his i(ht to )e!ual access to oppotunities fo public sevice) unde 'ection $&, Aticle 22 of the 1+H/
Constitution,
1
b" limitin( the numbe of !ualified candidates onl" to those #ho can affod to #a(e a nation#ide
campai(n andLo ae nominated b" political paties. 2n so doin(, petitione a(ues that the C6ME=EC indiectl"
amended the constitutional povisions on the electoal pocess and limited the po#e of the soveei(n people to
choose thei leades. The C6ME=EC supposedl" eed in dis!ualif"in( him since he is the most !ualified amon(
all the pesidential candidates, i.e., he possesses all the constitutional and le(al !ualifications fo the office of the
pesident, he is capable of #a(in( a national campai(n since he has numeous national o(ani5ations unde his
leadeship, he also has the capacit" to #a(e an intenational campai(n since he has pacticed la# in othe
counties, and he has a platfom of (ovenment. Petitione li.e#ise attac.s the validit" of the fom fo
the(ertificate of (andidacy pepaed b" the C6ME=EC. Petitione claims that the fom does not povide clea and
easonable (uidelines fo deteminin( the !ualifications of candidates since it does not as. fo the candidateWs bio-
data and his po(am of (ovenment.
,ist, the constitutional and le(al dimensions involved.
2mplicit in the petitioneWs invocation of the constitutional povision ensuin( )e!ual access to oppotunities fo
public office) is the claim that thee is a constitutional i(ht to un fo o hold public office and, paticulal" in his
case, to see. the pesidenc". Thee is none. ;hat is eco(ni5ed is meel" a pivile(e sub8ect to limitations
imposed b" la#. 'ection $&, Aticle 22 of the Constitution neithe besto#s such a i(ht no elevates the pivile(e to
the level of an enfoceable i(ht. Thee is nothin( in the plain lan(ua(e of the povision #hich su((ests such a
thust o 8ustifies an intepetation of the sot.
The )e!ual access) povision is a subsumed pat of Aticle 22 of the Constitution, entitled )7eclaation of Pinciples
and 'tate Policies.) The povisions unde the Aticle ae (eneall" consideed not self-e3ecutin(,
$
and thee is no
plausible eason fo accodin( a diffeent teatment to the )e!ual access) povision. =i.e the est of the policies
enumeated in Aticle 22, the povision does not contain an" 8udiciall" enfoceable constitutional i(ht but meel"
specifies a (uideline fo le(islative o e3ecutive action.
@
The dise(ad of the povision does not (ive ise to an"
cause of action befoe the couts.
A
An in!ui" into the intent of the fames
%
poduces the same detemination that the povision is not self-e3ecuto".
The oi(inal #odin( of the pesent 'ection $&, Aticle 22 had ead, )The 'tate shall boaden oppotunities to public
office and pohibit public d"nasties.)
&
Commissione >no# Chief Bustice? 1ilaio 7avide, B. successfull" bou(ht
foth an amendment that chan(ed the #od )boaden) to the phase )ensue e!ual access,) and the substitution of
the #od )office) to )sevice.) 1e e3plained his poposal in this #ise0
1$&
2 chan(ed the #od )boaden) to )EN'<RE EO<A= ACCE'' T6) because #hat is impotant #ould be
e!ual access to the oppotunit". 4 2o, bro$/e&, %t Do,6/ &ece''$r%62 9e$& t1$t t1e -o3er&9e&t
Do,6/ be 9$&/$te/ to cre$te $' 9$&2 o44%ce' $' $re #o''%b6e to $cco99o/$te $' 9$&2 #eo#6e $'
$re $6'o #o''%b6e. That is the meanin( of boadenin( oppotunities to public sevice. So, %& or/er t1$t
De '1o,6/ &ot 9$&/$te t1e St$te to 9$Ee t1e -o3er&9e&t t1e &,9ber o&e e9#6o2er $&/ to 6%9%t
o44%ce' o&62 to D1$t 9$2 be &ece''$r2 $&/ eB#e/%e&t 2et o44er%&- eI,$6 o##ort,&%t%e' to $cce'' to
%t, c1$&-e t1e Dor/ Jbro$/e&.J
)
>emphasis supplied?
6bviousl", the povision is not intended to compel the 'tate to enact positive measues that #ould accommodate
as man" people as possible into public office. The appoval of the )7avide amendment) indicates the desi(n of
the fames to cast the povision as simpl" enunciato" of a desied polic" ob8ective and not eflective of the
imposition of a clea 'tate buden.
Moeove, the povision as #itten leaves much to be desied if it is to be e(aded as the souce of positive i(hts.
2t is difficult to intepet the clause as opeative in the absence of le(islation since its effective means and each
ae not popel" defined. Boadl" #itten, the m"iad of claims that can be subsumed unde this ubic appea to
be entiel" open-ended.
H
;ods and phases such as )e!ual access,) )oppotunities,) and )public sevice) ae
susceptible to countless intepetations o#in( to thei inheent impeciseness. Cetainl", it #as not the intention of
the fames to inflict on the people an opeative but amophous foundation fom #hich innatel" unenfoceable
i(hts ma" be souced.
As ealie noted, the pivile(e of e!ual access to oppotunities to public office ma" be sub8ected to limitations.
'ome valid limitations specificall" on the pivile(e to see. elective office ae found in the povisions
+
of the
6mnibus Election Code on )Nuisance Candidates) and C6ME=EC Resolution No. &A%$
1*
dated 7ecembe 1*,
$**$ outlinin( the instances #heein the C6ME=EC ma" motu proprio efuse to (ive due couse to o cancel
a(ertificate of (andidacy.
As lon( as the limitations appl" to eve"bod" e!uall" #ithout discimination, ho#eve, the e!ual access clause is
not violated. E!ualit" is not sacificed as lon( as the budens en(endeed b" the limitations ae meant to be bone
b" an" one #ho is minded to file a cetificate of candidac". 2n the case at ba, thee is no sho#in( that an" peson
is e3empt fom the limitations o the budens #hich the" ceate.
'i(nificantl", petitione does not challen(e the constitutionalit" o validit" of 'ection &+ of the 6mnibus Election
Code and C6ME=EC Resolution No. &A%$ dated 1* 7ecembe $**@. Thus, thei pesumed validit" stands and
has to be accoded due #ei(ht.
Cleal", theefoe, petitioneWs eliance on the e!ual access clause in 'ection $&, Aticle 22 of the Constitution is
misplaced.
The ationale behind the pohibition a(ainst nuisance candidates and the dis!ualification of candidates #ho have
not evinced a bona fide intention to un fo office is eas" to divine. The 'tate has a compellin( inteest to ensue
that its electoal e3ecises ae ational, ob8ective, and odel". To#ads this end, the 'tate ta.es into account the
pactical consideations in conductin( elections. 2nevitabl", the (eate the numbe of candidates, the (eate the
oppotunities fo lo(istical confusion, not to mention the inceased allocation of time and esouces in pepaation
fo the election. These pactical difficulties should, of couse, neve e3empt the 'tate fom the conduct of a
mandated electoal e3ecise. At the same time, emedial actions should be available to alleviate these lo(istical
hadships, #heneve necessa" and pope. <ltimatel", a disodel" election is not meel" a te3tboo. e3ample of
inefficienc", but a ot that eodes faith in ou democatic institutions. As the <nited 'tates 'upeme Cout held0
FTGhee is suel" an impotant state inteest in e!uiin( some pelimina" sho#in( of a si(nificant
modicum of suppot befoe pintin( the name of a political o(ani5ation and its candidates on the ballot M
the inteest, if no othe, in avoidin( confusion, deception and even fustation of the democatic
FpocessG.
11
1$/
The C6ME=EC itself eco(ni5ed these pactical consideations #hen it pomul(ated Resolution No. &%%= on 1/
Banua" $**A, adoptin( the stud" Memoandum of its =a# 7epatment dated 11 Banua" $**A. As obseved in
the C6ME=ECWs (omment0
Thee is a need to limit the numbe of candidates especiall" in the case of candidates fo national
positions because the election pocess becomes a moc.e" even if those #ho cannot cleal" #a(e a
national campai(n ae allo#ed to un. Thei names #ould have to be pinted in the Cetified =ist of
Candidates, Eotes 2nfomation 'heet and the 6fficial Ballots. These #ould entail additional costs to the
(ovenment. ,o the official ballots in automated countin( and canvassin( of votes, an additional pa(e
#ould amount to moe o less ,6<R 1<N7RE7 ,2,TK M2==26N PE'6' >PA%*,***,***.**?.
333F2Gt seves no pactical pupose to allo# those candidates to continue if the" cannot #a(e a decent
campai(n enou(h to po8ect the pospect of #innin(, no matte ho# slim.
1$
The pepaation of ballots is but one aspect that #ould be affected b" allo#ance of )nuisance candidates) to un in
the elections. 6u election la#s povide vaious entitlements fo candidates fo public office, such as #atches in
eve" pollin( place,
1@
#atches in the boad of canvasses,
1A
o even the eceipt of electoal
contibutions.
1%
Moeove, thee ae election ules and e(ulations the fomulations of #hich ae dependent on the
numbe of candidates in a (iven election.
-iven these consideations, the i(nominious natue of a nuisance candidac" becomes even moe (allin(. The
o(ani5ation of an election #ith bona fide candidates standin( is oneous enou(h. To add into the mi3 candidates
#ith no seious intentions o capabilities to un a viable campai(n #ould actuall" impai the electoal pocess. This
is not to mention the candidacies #hich ae palpabl" idiculous so as to constitute a one-note 8o.e. The poll bod"
#ould be bo((ed b" ielevant minutiae covein( eve" step of the electoal pocess, most pobabl" posed at the
instance of these nuisance candidates. 2t #ould be a senseless sacifice on the pat of the 'tate.
6#in( to the supeio inteest in ensuin( a cedible and odel" election, the 'tate could e3clude nuisance
candidates and need not indul(e in, as the son( (oes, )thei tips to the moon on (ossame #in(s.)
The 6mnibus Election Code and C6ME=EC Resolution No. &A%$ ae co(ni5ant of the compellin( 'tate inteest to
ensue odel" and cedible elections b" e3cisin( impediments theeto, such as nuisance candidacies that distact
and detact fom the la(e pupose. The C6ME=EC is mandated b" the Constitution #ith the administation of
elections
1&
and endo#ed #ith consideable latitude in adoptin( means and methods that #ill ensue the pomotion
of fee, odel" and honest elections.
1/
Moeove, the Constitution (uaantees that onl"bona fide candidates fo
public office shall be fee fom an" fom of haassment and discimination.
1H
The detemination of bona
fide candidates is (ovened b" the statutes, and the concept, to ou mind is, satisfactoil" defined in the 6mnibus
Election Code.
No#, the needed factual pemises.
1o#eve valid the la# and the C6ME=EC issuance involved ae, thei pope application in the case of the
petitione cannot be tested and evie#ed b" this Cout on the basis of #hat is no# befoe it. The assailed
esolutions of the C6ME=EC do not diect the Cout to the evidence #hich it consideed in deteminin( that
petitione #as a nuisance candidate. This pecludes the Cout fom evie#in( at this instance #hethe the
C6ME=EC committed (ave abuse of discetion in dis!ualif"in( petitione, since such a evie# #ould necessail"
ta.e into account the mattes #hich the C6ME=EC consideed in aivin( at its decisions.
Petitione has submitted to this Cout mee photocopies of vaious documents pupotedl" evincin( his cedentials
as an eli(ible candidate fo the pesidenc". Ket this Cout, not bein( a tie of facts, can not popel" pass upon
the epoductions as evidence at this level. Neithe the C6ME=EC no the 'olicito -eneal appended an"
document to thei espective (omments.
1$H
The !uestion of #hethe a candidate is a nuisance candidate o not is both le(al and factual. The basis of the
factual detemination is not befoe this Cout. Thus, the emand of this case fo the eception of futhe evidence is
in ode.
A #od of caution is in ode. ;hat is at sta.e is petitioneWs aspiation and offe to seve in the (ovenment. 2t
deseves not a cuso" teatment but a heain( #hich confoms to the e!uiements of due pocess.
As to petitioneWs attac.s on the validit" of the fom fo the cetificate of candidac", suffice it to sa" that the fom
stictl" complies #ith 'ection /A of the 6mnibus Election Code. This povision specificall" enumeates #hat a
cetificate of candidac" should contain, #ith the e!uied infomation tendin( to sho# that the candidate
possesses the minimum !ualifications fo the position aspied fo as established b" the Constitution and othe
election la#s.
2N E2E; 6, T1E ,6RE-62N-, C6ME=EC Case No. 'PP >MP? No. *A-**1 is heeb" emanded to the
C6ME=EC fo the eception of futhe evidence, to detemine the !uestion on #hethe petitione Ell" Eele5 =ao
Pamaton( is a nuisance candidate as contemplated in 'ection &+ of the 6mnibus Election Code.
The C6ME=EC is diected to hold and complete the eception of evidence and epot its findin(s to this Cout #ith
delibeate dispatch.
'6 6R7ERE7.
>avide" 6r." uno" Vitu)
O
" an)aniban" Fuisumbin)" 9nares-'antia)o" 'andoval-Gutierrez" (arpio" Austria-
Martinez" (orona" (arpio-Morales" (alle*o" 'r." and Azcuna" 66." concu.
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-132+* October 29, 19)1
THE COLLECTOR OF NTERN!L RE7ENUE, petitione,
vs.
!NTONO C!MPOS RUE"!, espondent..
Assistant 'olicitor General 6ose . Ale*andro and 'pecial Attorney 6ose G. Azurin" B5.'.G.C for petitioner.
Ramirez and 5rti)as for respondent.

FERN!N"O, J.:
The basic issue posed b" petitione Collecto of 2ntenal Revenue in this appeal fom a decision of the Cout of
Ta3 Appeals as to #hethe o not the e!uisites of statehood, o at least so much theeof as ma" be necessa" fo
the ac!uisition of an intenational pesonalit", must be satisfied fo a Xfoei(n count"Y to fall #ithin the e3emption
of 'ection 1$$ of the National 2ntenal Revenue Code
1
is no# ipe fo ad8udication. The Cout of Ta3 Appeals
ans#eed the !uestion in the ne(ative, and thus evesed the action ta.en b" petitione Collecto, #ho #ould hold
espondent Antonio Campos Rueda, as administato of the estate of the late Estella 'oiano Eda. de Cedeia,
1$+
liable fo the sum of P1&1,H/A.+% as deficienc" estate and inheitance ta3es fo the tansfe of intan(ible pesonal
popeties in the Philippines, the deceased, a 'panish national havin( been a esident of Tan(ie, Moocco fom
1+@1 up to the time of he death in 1+%%. 2n an ealie esolution pomul(ated Ma" @*, 1+&$, this Cout on the
assumption that the need fo esolvin( the pincipal !uestion #ould be obviated, efeed the matte bac. to the
Cout of Ta3 Appeals to detemine #hethe the alle(ed la# of Tan(ie did (ant the ecipocal ta3 e3emption
e!uied b" the afoesaid 'ection 1$$. Then came an ode fom the Cout of Ta3 Appeals submittin( copies of
le(islation of Tan(ie that #ould manifest that the element of ecipocit" #as not lac.in(. 2t #as not until Bul" $+,
1+&+ that the case #as deemed submitted fo decision. ;hen the petition fo evie# #as filed on Banua" $, 1+%H,
the basic issue aised #as impessed #ith an element of novelt". ,ou da"s theeafte, ho#eve, on Banua" &,
1+%H, it #as held b" this Cout that the afoesaid povision does not e!uie that the Xfoei(n count"Y possess an
intenational pesonalit" to come #ithin its tems.
2
Accodin(l", #e have to affim.
The decision of the Cout of Ta3 Appeals, no# unde evie#, sets foth the bac.(ound facts as follo#s0 XThis is
an appeal inteposed b" petitione Antonio Campos Rueda as administato of the estate of the deceased 7oNa
Maia de la Estella 'oiano Eda. de Cedeia, fom the decision of the espondent Collecto of 2ntenal Revenue,
assessin( a(ainst and demandin( fom the fome the sum P1&1,H/A.+% as deficienc" estate and inheitance
ta3es, includin( inteest and penalties, on the tansfe of intan(ible pesonal popeties situated in the Philippines
and belon(in( to said Maia de la Estella 'oiano Eda. de Cedeia. Maia de la Estella 'oiano Eda. de
Cedeia >Maia Cedeia fo shot? is a 'panish national, b" eason of he maia(e to a 'panish citi5en and #as
a esident of Tan(ie, Moocco fom 1+@1 up to he death on Banua" $, 1+%%. At the time of he demise she left,
amon( othes, intan(ible pesonal popeties in the Philippines.Y
3
Then came this potion0 X6n 'eptembe $+,
1+%%, petitione filed a povisional estate and inheitance ta3 etun on all the popeties of the late Maia Cedeia.
6n the same date, espondent, pendin( investi(ation, issued an assessment fo state and inheitance ta3es in the
espective amounts of P111,%+$.AH and P1%/,/+1.AH, o a total of P@&+,@H@.+& #hich ta3 liabilities #ee paid b"
petitione P . 6n Novembe 1/, 1+%%, an amended etun #as filed P #heein intan(ible pesonal popeties #ith
the value of P@+&,@*H.+* #ee claimed as e3empted fom ta3es. 6n Novembe $@, 1+%%, espondent, pendin(
investi(ation, issued anothe assessment fo estate and inheitance ta3es in the amounts of P$*$,$&$.A* and
P$&/,A*$.HA, espectivel", o a total of PA&+,&&%.$A P . 2n a lette dated Banua" 11, 1+%&, espondent denied
the e!uest fo e3emption on the (ound that the la# of Tan(ie is not ecipocal to 'ection 1$$ of the National
2ntenal Revenue Code. 1ence, espondent demanded the pa"ment of the sums of P$@+,A@+.A+ epesentin(
deficienc" estate and inheitance ta3es includin( ad valorem penalties, sucha(es, inteests and compomise
penalties P . 2n a lette dated ,ebua" H, 1+%&, and eceived b" espondent on the follo#in( da", petitione
e!uested fo the econsideation of the decision den"in( the claim fo ta3 e3emption of the intan(ible pesonal
popeties and the imposition of the $%U and %U ad valorem penalties P . 1o#eve, espondent denied e!uest,
in his lette dated Ma" %, 1+%& P and eceived b" petitione on Ma" $1, 1+%&. Respondent pemised the denial
on the (ounds that thee #as no ecipocit" F#ith Tan(ie, #hich #as moeoveG a mee pincipalit", not a foei(n
count". Conse!uentl", espondent demanded the pa"ment of the sums of P/@,H%1.$1 and PHH,*$@./A
espectivel", o a total of P1&1,H/A.+% as deficienc" estate and inheitance ta3es includin( sucha(es, inteests
and compomise penalties.Y
4
The matte #as then elevated to the Cout of Ta3 Appeals. As thee #as no dispute bet#een the paties e(adin(
the values of the popeties and the mathematical coectness of the deficienc" assessments, the pincipal
!uestion as noted dealt #ith the ecipocit" aspect as #ell as the insistin( b" the Collecto of 2ntenal Revenue
that Tan(ie #as not a foei(n count" #ithin the meanin( of 'ection 1$$. 2n ulin( a(ainst the contention of the
Collecto of 2ntenal Revenue, the appealed decision states0 X2n fine, #e believe, and so hold, that the e3pession
Xfoei(n count"Y, used in the last poviso of 'ection 1$$ of the National 2ntenal Revenue Code, efes to a
(ovenment of that foei(n po#e #hich, althou(h not an intenational peson in the sense of intenational la#,
does not impose tansfe o death upon intan(ible peson popeties of ou citi5ens not esidin( theein, o #hose
la# allo#s a simila e3emption fom such ta3es. 2t is, theefoe, not necessa" that Tan(ie should have been
eco(ni5ed b" ou -ovenment ode to entitle the petitione to the e3emption benefits of the poviso of 'ection
1$$ of ou Ta3. Code.Y
+
1ence appeal to this cout b" petitione. The espective biefs of the paties dul" submitted, but as above
indicated, instead of ulin( definitel" on the !uestion, this Cout, on Ma" @*, 1+&$, esolve to in!uie futhe into
the !uestion of ecipocit" and sent bac. the case to the Cout of Ta3 Appeals fo the motion of evidence theeon.
The dispositive potion of such esolution eads as follo#s0 X;hile section 1$$ of the Philippine Ta3 Code
1@*
afoe!uoted spea.s of Zintan(ible pesonal popet"W in both subdivisions >a? and >b?I the alle(ed la#s of Tan(ie
efe to Zbienes muebles situados en Tan(eW, Zbienes muebles adicantes en Tan(eW, ZmovablesW and Zmovable
popet"W. 2n ode that this Cout ma" be able to detemine #hethe the alle(ed la#s of Tan(ie (ant the
ecipocal ta3 e3emptions e!uied b" 'ection 1$$ of the Ta3 Code, and #ithout, fo the time bein(, (oin( into the
meits of the issues aised b" the petitione-appellant, the case is FemandedG to the Cout of Ta3 Appeals fo the
eception of evidence o poof on #hethe o not the #ods [bienes mueblesW, ZmovablesW and Zmovable popeties
as used in the Tan(ie la#s, include o embace Zintan(ible peson popet"W, as used in the Ta3 Code.Y
6
2n line
#ith the above esolution, the Cout of Ta3 Appeals admitted evidence submitted b" the administato petitione
Antonio Campos Rueda, consistin( of e3hibits of la#s of Tan(ie to the effect that Xthe tansfes b" eason of
death of movable popeties, copoeal o incopoeal, includin( funitue and pesonal effects as #ell as of
secuities, bonds, shaes, P, #ee not sub8ect, on that date and in said 5one, to the pa"ment of an" death ta3,
#hateve mi(ht have been the nationalit" of the deceased o his heis and le(atees.Y 2t #as futhe noted in an
ode of such Cout efein( the matte bac. to us that such #ee dul" admitted in evidence duin( the heain( of
the case on 'eptembe +, 1+&@. Respondent pesented no evidence.Y
)
The contollin( le(al povision as noted is a poviso in 'ection 1$$ of the National 2ntenal Revenue Code. 2t
eads thus0 XThat no ta3 shall be collected unde this Title in espect of intan(ible pesonal popet" >a? if the
decedent at the time of his death #as a esident of a foei(n count" #hich at the time of his death did not impose
a tansfe ta3 o death ta3 of an" chaacte in espect of intan(ible peson popet" of the Philippines not esidin(
in that foei(n count", o >b? if the la#s of the foei(n count" of #hich the decedent #as a esident at the time of
his death allo# a simila e3emption fom tansfe ta3es o death ta3es of eve" chaacte in espect of intan(ible
pesonal popet" o#ned b" citi5ens of the Philippines not esidin( in that foei(n count".Y
8
The onl" obstacle
theefoe to a definitive ulin( is #hethe o not as vi(oousl" insisted upon b" petitione the ac!uisition of intenal
pesonalit" is a condition sine 2ua non to Tan(ie bein( consideed a Xfoei(n count"Y. 7efeence to the 7e =aa
ulin(, as #as made clea in the openin( paa(aph of this opinion, calls fo an affimance of the decision of the
Cout of Ta3 Appeals.
2t does not admit of doubt that if a foei(n count" is to be identified #ith a state, it is e!uied in line #ith PoundWs
fomulation that it be a politicall" o(ani5ed soveei(n communit" independent of outside contol bound b"
penalties of nationhood, le(all" supeme #ithin its teito", actin( thou(h a (ovenment functionin( unde a
e(ime of
la#.
9
2t is thus a soveei(n peson #ith the people composin( it vie#ed as an o(ani5ed copoate societ" unde a
(ovenment #ith the le(al competence to e3act obedience to its commands.
1*
2t has been efeed to as a bod"-
politic o(ani5ed b" common consent fo mutual defense and mutual safet" and to pomote the (eneal
#elfae.
11
Coectl" has it been descibed b" Esmein as Xthe 8uidical pesonification of the nation.Y
12
This is to
vie# it in the li(ht of its histoical development. The stess is on its bein( a nation, its people occup"in( a definite
teito", politicall" o(ani5ed, e3ecisin( b" means of its (ovenment its soveei(n #ill ove the individuals #ithin it
and maintainin( its sepaate intenational pesonalit". =as.i could spea. of it then as a teitoial societ" divided
into (ovenment and sub8ects, claimin( #ithin its allotted aea a supemac" ove all othe institutions.
13
Mc2ve
similal" #ould point to the po#e entusted to its (ovenment to maintain #ithin its teito" the conditions of a
le(al ode and to ente into intenational elations.
14
;ith the latte e!uisite satisfied, intenational la# do not
e3act independence as a condition of statehood. 'o 1"de did opine.
1+
Even on the assumption then that Tan(ie is beeft of intenational pesonalit", petitione has not successfull"
made out a case. 2t beas epeatin( that fou da"s afte the filin( of this petition on Banua" &, 1+%H in (ollector of
,nternal Revenue v. >e Lara,
16
it #as specificall" held b" us0 XConsidein( the 'tate of Califonia as a foei(n
count" in elation to section 1$$ of ou Ta3 Code #e believe and hold, as did the Ta3 Cout, that the Ancillia"
Administato is entitled the e3emption fom the inheitance ta3 on the intan(ible pesonal popet" found in the
Philippines.Y
1)
Thee can be no doubt that Califonia as a state in the Ameican <nion #as in the alle(ed e!uisite
of intenational pesonalit". Nonetheless, it #as held to be a foei(n count" #ithin the meanin( of 'ection 1$$ of
the National 2ntenal Revenue Code.
18
;hat is undeniable is that even pio to the 7e =aa ulin(, this Cout did commit itself to the doctine that even a
tin" pincipalit", that of =iechtenstein, hadl" an intenational pesonalit" in the sense, did fall unde this e3empt
cate(o". 'o it appeas in an opinion of the Cout b" the then Actin( Chief Busticem Ben(son #ho theeafte
assumed that position in a pemanent capacit", in -iene v. (ollector of ,nternal Revenue.
19
As #as theein noted0
1@1
ZThe Boad found fom the documents submitted to it C poof of the la#s of =iechtenstein C that said count"
does not impose estate, inheitance and (ift ta3es on intan(ible popet" of ,ilipino citi5ens not esidin( in that
count". ;heefoe, the Boad declaed that pusuant to the e3emption above established, no estate o
inheitance ta3es #ee collectible, =ud#i( 9iene bein( a esident of =iechtestein #hen he passed a#a".Y
2*
Then
came this definitive ulin(0 XThe Collecto C heeafte named the espondent C cites decisions of the <nited
'tates 'upeme Cout and of this Cout, holdin( that intan(ible pesonal popet" in the Philippines belon(in( to a
non-esident foei(ne, #ho died outside of this count" is sub8ect to the estate ta3, in dise(ad of the pinciple
Zmobilia se!uuntu pesonamW. 'uch popet" is admittedl" ta3able hee. ;ithout the poviso above !uoted, the
shaes of stoc. o#ned hee b" the =ud#i( 9iene #ould be concededl" sub8ect to estate and inheitance ta3es.
Nevetheless ou Con(ess chose to ma.e an e3emption #hee conditions ae such that demand ecipocit" C as
in this case. And the e3emption must be honoed.Y
21
;1ERE,6RE, the decision of the espondent Cout of Ta3 Appeals of 6ctobe @*, 1+%/ is affimed. ;ithout
ponouncement as to costs.
(oncepcion" (.6." Ma+alintal" Paldivar" (astro" Villamor and Ma+asiar" 66." concur.
Reyes" 6.;.L." 6." concurs in the result.
8eehan+ee and ;arredo" 66." too+ no part.

Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-263)9 "ece9ber 2), 1969
:LL!M C. RE!G!N, ETC., petitione,
vs.
COMMSSONER OF NTERN!L RE7ENUE, espondent.
Fuasha" Asperilla" ;lanco" Pafra and 8aya) for petitioner.
5ffice of the 'olicitor General Antonio . ;arredo" Assistant 'olicitor General :elicisimo R. Rosete" 'olicitor Lolita
5. Gal-lan) and 'pecial Attorney Gamaliel G. Mantolino for respondent.
FERN!N"O, J.:
A !uestion novel in chaacte, the ans#e to #hich has fa-eachin( implications, is aised b" petitione ;illiam C.
Rea(an, at one time a civilian emplo"ee of an Ameican copoation povidin( technical assistance to the <nited
'tates Ai ,oce in the Philippines. 1e #ould dispute the pa"ment of the income ta3 assessed on him b"
espondent Commissione of 2ntenal Revenue on an amount eali5ed b" him on a sale of his automobile to a
membe of the <nited 'tates Maine Cops, the tansaction havin( ta.en place at the Cla. ,ield Ai Base at
Pampan(a. 2t is his contention, seiousl" and eanestl" e3pessed, that in le(al contemplation the sale #as made
outside Philippine teito" and theefoe be"ond ou 8uisdictional po#e to ta3.
'uch a plea, fa-fetched and implausible, on its face beta"in( no .inship #ith ealit", he #ould 8ustif" b" invo.in(,
mista.enl" as #ill heeafte be moe full" sho#n an obsevation to that effect in a 1+%1 opinion,
1
petitione
i(noin( that such utteance #as made puel" as a flouish of hetoic and b" #a" of emphasi5in( the decision
eached, that the tadin( fim as puchase of am" (oods must espond fo the sales ta3es due fom an impote,
as the Ameican amed foces bein( e3empt could not be ta3ed as such unde the National 2ntenal Revenue
Code.
$
'uch an assumption, inspied b" the commendable aim to ende unavailin( an" attempt at ta3 evasion on
1@$
the pat of such vendee, found e3pession ane# in a 1+&$ decision,
@
coupled #ith the eminde ho#eve, to
ende the tuth unmista.able, that Xthe aeas coveed b" the <nited 'tates Milita" Bases ae not foei(n
teitoies both in the political and (eo(aphical sense.Y
As thus claified, it is manifest that such a vie# amounts at most to a le(al fiction and is moeove obiter. 2t
cetainl" cannot contol the esolution of the specific !uestion that confonts us. ;e declae ou stand in an
une!uivocal manne. The sale havin( ta.en place on #hat indisputabl" is Philippine teito", petitioneWs liabilit"
fo the income ta3 due as a esult theeof #as unavoidable. As the Cout of Ta3 Appeals eached a simila
conclusion, #e sustain its decision no# befoe us on appeal.
2n the decision appealed fom, the Cout of Ta3 Appeals, afte statin( the natue of the case, stated the ecital of
facts thus0 X2t appeas that petitione, a citi5en of the <nited 'tates and an emplo"ee of Bendi3 Radio, 7ivision of
Bendi3 Aviation Copoation, #hich povides technical assistance to the <nited 'tates Ai ,oce, #as assi(ned at
Cla. Ai Base, Philippines, on o about Bul" /, 1+%+ P . Nine >+? months theeafte and befoe his tou of dut"
e3pied, petitione impoted on Apil $$, 1+&* a ta3-fee 1+&* Cadillac ca #ith accessoies valued at \&,AA@.H@,
includin( fei(ht, insuance and othe cha(es.Y
A
Then came the follo#in(0 X6n Bul" 11, 1+&*, moe than t#o >$?
months afte the 1+&* Cadillac ca #as impoted into the Philippines, petitione e!uested the Base Commande,
Cla. Ai Base, fo a pemit to sell the ca, #hich #as (anted povided that the sale #as made to a membe of the
<nited 'tates Amed ,oces o a citi5en of the <nited 'tates emplo"ed in the <.'. milita" bases in the
Philippines. 6n the same date, Bul" 11, 1+&*, petitione sold his ca fo \&,&**.** to a cetain ;illie Bohnson, B.
>Pivate fist class?, <nited 'tates Maine Cops, 'an(le" Point, Cavite, Philippines, as sho#n b" a Bill of 'ale . . .
e3ecuted at Cla. Ai Base. 6n the same date, Pfc. ;illie >;illiam? Bohnson, B. sold the ca to ,ed Meneses fo
P@$,***.** as evidenced b" a deed of sale e3ecuted in Manila.Y
%
As a esult of the tansaction thus made, espondent Commissione of 2ntenal Revenue, afte deductin( the
landed cost of the ca as #ell as the pesonal e3emption to #hich petitione #as entitled, fi3ed as his net ta3able
income aisin( fom such tansaction the amount of P1/,+1$.@A, endein( him liable fo income ta3 in the sum of
P$,+/+.**. Afte pa"in( the sum, he sou(ht a efund fom espondent claimin( that he #as e3empt, but pendin(
action on his e!uest fo efund, he filed the case #ith the Cout of Ta3 Appeals see.in( ecove" of the sum of
P$,+/+.** plus the le(al ate of inteest.
As noted in the appealed decision0 XThe onl" issue submitted fo ou esolution is #hethe o not the said income
ta3 of P$,+/+.** #as le(all" collected b" espondent fo petitione.Y
&
Afte discussin( the le(al issues aised,
pimail" the contention that the Cla. Ai Base Xin le(al contemplation, is a base outside the PhilippinesY the sale
theefoe havin( ta.en place on Xfoei(n soilY, the Cout of Ta3 Appeals found nothin( ob8ectionable in the
assessment and theeafte the pa"ment of P$,+/+.** as income ta3 and denied the efund on the same. 1ence,
this appeal pedicated on a le(al theo" #e cannot accept. Petitione cannot ma.e out a case fo evesal.
1. Resot to fundamentals is unavoidable to place thin(s in thei pope pespective, petitione appaentl" feelin(
8ustified in his efusal to defe to basic postulates of constitutional and intenational la#, induced no doubt b" the
#ei(ht he #ould accod to the obsevation made b" this Cout in the t#o opinions ealie efeed to. To epeat,
scant comfot, if at all is to be deived fom such an obiter dictum, one #hich is li.e#ise fa fom eflectin( the fact
as it is.
Nothin( is bette settled than that the Philippines bein( independent and soveei(n, its authoit" ma" be e3ecised
ove its entie domain. Thee is no potion theeof that is be"ond its po#e. ;ithin its limits, its decees ae
supeme, its commands paamount. 2ts la#s (oven theein, and eve"one to #hom it applies must submit to its
tems. That is the e3tent of its 8uisdiction, both teitoial and pesonal. Necessail", li.e#ise, it has to be
e3clusive. 2f it #ee not thus, thee is a diminution of its soveei(nt".
2t is to be admitted that an" state ma", b" its consent, e3pess o implied, submit to a estiction of its soveei(n
i(hts. Thee ma" thus be a cutailment of #hat othe#ise is a po#e plena" in chaacte. That is the concept of
soveei(nt" as auto-limitation, #hich, in the succinct lan(ua(e of Belline., Xis the popet" of a state-foce due to
#hich it has the e3clusive capacit" of le(al self-detemination and self-estiction.Y
/
A state then, if it chooses to,
ma" efain fom the e3ecise of #hat othe#ise is illimitable competence.
1@@
2ts la#s ma" as to some pesons found #ithin its teito" no lon(e contol. No does the matte end thee. 2t is
not pecluded fom allo#in( anothe po#e to paticipate in the e3ecise of 8uisdictional i(ht ove cetain potions
of its teito". 2f it does so, it b" no means follo#s that such aeas become impessed #ith an alien chaacte.
The" etain thei status as native soil. The" ae still sub8ect to its authoit". 2ts 8uisdiction ma" be diminished, but it
does not disappea. 'o it is #ith the bases unde lease to the Ameican amed foces b" vitue of the milita"
bases a(eement of 1+A/. The" ae not and cannot be foei(n teito".
7ecisions comin( fom petitioneWs native land, penned b" 8uists of epute, spea. to that effect #ith impessive
unanimit". ;e stat #ith the citation fom Chief Bustice Mashall, announced in the leadin( case of 'chooner
E0chan)e v. MQ:addon,
H
an 1H1$ decision0 XThe 8uisdiction of the nation #ithin its o#n teito" is necessail"
e3clusive and absolute. 2t is susceptible of no limitation not imposed b" itself. An" estiction upon it, deivin(
validit" fom an e3tenal souce, #ould impl" a diminution of its soveei(nt" to the e3tent of the estiction, and an
investment of that soveei(nt" to the same e3tent in that po#e #hich could impose such estiction.Y Afte #hich
came this paa(aph0 XAll e3ceptions, theefoe, to the full and complete po#e of a nation #ithin its o#n
teitoies, must be taced up to the consent of the nation itself. The" can flo# fom no othe le(itimate souce.Y
Chief Bustice Tane", in an 1H%/ decision,
+
affimed the fundamental pinciple of eve"one #ithin the teitoial
domain of a state bein( sub8ect to its commands0 X,o undoubtedl" eve" peson #ho is found #ithin the limits of
a (ovenment, #hethe the tempoa" puposes o as a esident, is bound b" its la#s.Y 2t is no e3a((eation then
fo Bustice Be#e to stess that the <nited 'tates (ovenment Xis one havin( 8uisdiction ove eve" foot of soil
#ithin its teito", and actin( diectl" upon each Findividual found theeinGI . . .Y
1*
Not too lon( a(o, thee #as a eiteation of such a vie#, this time fom the pen of Bustice Ean 7evante. Thus0 X2t
no# is settled in the <nited 'tates and eco(ni5ed else#hee that the teito" sub8ect to its 8uisdiction includes
the land aeas unde its dominion and contol the pots, habos, ba"s, and othe in closed ams of the sea alon(
its coast, and a ma(inal belt of the sea e3tendin( fom the coast line out#ad a maine lea(ue, o @ (eo(aphic
miles.Y
11
1e could cite moeove, in addition to man" Ameican decisions, such eminent teatise-#ites as 9ent,
Mooe, 1"de, ;ilson, ;estla.e, ;heaton and 6ppenheim.
As a matte of fact, the eminent commentato 1"de in his thee-volume #o. on 2ntenational =a#, as intepeted
and applied b" the <nited 'tates, made clea that not even the embass" pemises of a foei(n po#e ae to be
consideed outside the teitoial domain of the host state. Thus0 XThe (ound occupied b" an embass" is not in
fact the teito" of the foei(n 'tate to #hich the pemises belon( thou(h possession o o#neship. The
la#fulness o unla#fulness of acts thee committed is detemined b" the teitoial soveei(n. 2f an attache
commits an offense #ithin the pecincts of an embass", his immunit" fom posecution is not because he has not
violated the local la#, but athe fo the eason that the individual is e3empt fom posecution. 2f a peson not so
e3empt, o #hose immunit" is #aived, similal" commits a cime theein, the teitoial soveei(n, if it secues
custod" of the offende, ma" sub8ect him to posecution, even thou(h its ciminal code nomall" does not
contemplate the punishment of one #ho commits an offense outside of the national domain. 2t is not believed,
theefoe, that an ambassado himself possesses the i(ht to e3ecise 8uisdiction, conta" to the #ill of the 'tate
of his so8oun, even #ithin his embass" #ith espect to acts thee committed. No is thee appaent at the pesent
time an" tendenc" on the pat of 'tates to ac!uiesce in his e3ecise of it.Y
1$
$. 2n the li(ht of the above, the fist and cucial eo imputed to the Cout of Ta3 Appeals to the effect that it
should have held that the Cla. Ai ,oce is foei(n soil o teito" fo puposes of income ta3 le(islation is cleal"
#ithout suppot in la#. As thus coectl" vie#ed, petitioneWs hope fo the evesal of the decision completel" fades
a#a". Thee is nothin( in the Milita" Bases A(eement that lends suppot to such an assetion. 2t has not become
foei(n soil o teito". This count"Ws 8uisdictional i(hts theein, cetainl" not e3cludin( the po#e to ta3, have
been peseved. As to cetain ta3 mattes, an appopiate e3emption #as povided fo.
Petitione could not have been una#ae that to maintain the conta" #ould be to def" ealit" and #ould be an
affont to the la#. ;hile his fist assi(ned eo is thus #oded, he #ould see. to impat plausibilit" to his claim b"
the ostensible invocation of the e3emption clause in the A(eement b" vitue of #hich a Xnational of the <nited
'tates sevin( in o emplo"ed in the Philippines in connection #ith the constuction, maintenance, opeation o
defense of the bases and esidin( in the Philippines onl" b" eason of such emplo"mentY is not to be ta3ed on his
income unless Xdeived fom Philippine souce o souces othe than the <nited 'tates souces.Y
1@
The eliance, to
1@A
epeat, is moe appaent than eal fo as noted at the outset of this opinion, petitione places moe faith not on the
lan(ua(e of the povision on e3emption but on a sentiment (iven e3pession in a 1+%1 opinion of this Cout,
#hich #ould be made to "ield such an un#aanted intepetation at #a #ith the contollin( constitutional and
intenational la# pinciples. At an" ate, even if such a contention #ee moe ade!uatel" pessed and insisted
upon, it is on its face devoid of meit as the souce cleal" #as Philippine.
2n 'aura ,mport and E0port (o. v. Meer,
1A
the case above efeed to, this Cout affimed a decision endeed
about seven months peviousl",
1%
holdin( liable as an impote, #ithin the contemplation of the National 2ntenal
Revenue Code povision, the tadin( fim that puchased am" (oods fom a <nited 'tates (ovenment a(enc" in
the Philippines. 2t is easil" undestandable #h". 2f it #ee not thus, ta3 evasion #ould have been facilitated. The
<nited 'tates foces that bou(ht in such e!uipment late disposed of as suplus, #hen no lon(e needed fo
milita" puposes, #as be"ond the each of ou ta3 statutes.
Bustice Tuason, #ho spo.e fo the Cout, adheed to such a ationale, !uotin( e3tensivel" fom the ealie opinion.
1e could have stopped thee. 1e chose not to do so. The tansaction havin( occued in 1+A&, not so lon( afte
the libeation of the Philippines, he poceeded to discuss the ole of the Ameican milita" contin(ent in the
Philippines as a belli(eent occupant. 2n the couse of such a dissetion, da#in( on his #ell-.no#n (ift fo hetoic
and co(ni5ant that he #as ma.in( an as if statement, he did sa"0 X;hile in am" bases o installations #ithin the
Philippines those (oods #ee in contemplation of la# on foei(n soil.Y
2t is thus evident that the fist, and theeafte the contollin(, decision as to the liabilit" fo sales ta3es as an
impote b" the puchase, could have been eached #ithout an" need fo such e3pession as that (iven utteance
b" Bustice Tuason. 2ts value then as an authoitative doctine cannot be as much as petitione #ould mista.enl"
attach to it. 2t #as cleal" obiter not bein( necessa" fo the esolution of the issue befoe this Cout.
1&
2t #as an
opinion Xutteed b" the #a".Y
1/
2t could not then be contollin( on the !uestion befoe us no#, the liabilit" of the
petitione fo income ta3 #hich, as announced at the openin( of this opinion, is s!uael" aised fo the fist time.
1H
6n this point, Chief Bustice Mashall could a(ain be listened to #ith pofit. Thus0 X2t is a ma3im, not to be
dise(aded, that (eneal e3pessions, in eve" opinion, ae to be ta.en in connection #ith the case in #hich those
e3pessions ae used. 2f the" (o be"ond the case, the" ma" be espected, but ou(ht not to contol the 8ud(ment in
a subse!uent suit #hen the ve" point is pesented fo decision.Y
1+
No did the fact that such utteance of Bustice Tuason #as cited in (o o v. (ollector of ,nternal Revenue,
$*
a
1+&$ decision elied upon b" petitione, put a diffeent comple3ion on the matte. A(ain, it #as b" #a" of pue
embellishment, thee bein( no need to epeat it, to each the conclusion that it #as the puchase of am" (oods,
this time fom milita" bases, that must espond fo the advance sales ta3es as impote. A(ain, the pupose that
animated the eiteation of such a vie# #as cleal" to emphasi5e that thou(h the emplo"ment of such a fiction,
ta3 evasion is pecluded. ;hat is moe, ho# fa divoced fom the tuth #as such statement #as emphasi5ed b"
Bustice Baea, #ho penned the Co Po opinion, thus0 X2t is tue that the aeas coveed b" the <nited 'tates
Milita" Bases ae not foei(n teitoies both in the political and (eo(aphical sense.Y
$1
Bustice Tuason moeove made e3plicit that athe than coespondin( #ith ealit", #hat #as said b" him #as in
the #a" of a le(al fiction. Note his stess on Xin contemplation of la#.Y To lend futhe suppot to a conclusion
alead" announced, bein( at that a confimation of #hat had been aived at in the ealie case, distin(uished b"
its sound appeciation of the issue then befoe this Cout and to peclude an" ta3 evasion, an obsevation
cetainl" not to be ta.en liteall" #as thus (iven utteance.
This is not to sa" that it should have been i(noed alto(ethe afte#ads. 2t could be utili5ed a(ain, as it
undoubtedl" #as, especiall" so fo the pupose intended, namel" to sti(mati5e as #ithout suppot in la# an"
attempt on the pat of a ta3pa"e to escape an obli(ation incumbent upon him. 'o it #as !uoted #ith that end in
vie# in the Co Po case. 2t cetainl" does not 8ustif" an" effot to ende futile the collection of a ta3 le(all" due, as
hee. That #as fathest fom the thou(ht of Bustice Tuason.
;hat is moe, the statement on its face is, to epeat, a le(al fiction. This is not to discount the uses of a fictio
*urisin the science of the la#. 2t #as Cado5o #ho pointed out its value as a device Xto advance the ends of
8usticeY althou(h at times it could be Xclums"Y and even XoffensiveY.
$$
Cetainl", then, #hile fa fom ob8ectionable
1@%
as thus enunciated, this obsevation of Bustice Tuason could be misused o misconstued in a clums" manne to
each an offensive esult. To epeat, popel" used, a le(al fiction could be elied upon b" the la#, as ,an.fute
noted, in the pusuit of le(itimate ends.
$@
Petitione then #ould be #ell-advised to ta.e to heat such counsel of
cae and cicumspection befoe invo.in( not a le(al fiction that #ould avoid a moc.e" of the la# b" avoidin( ta3
evasion but #hat cleal" is a misintepetation theeof, leadin( to esults that #ould have shoc.ed its oi(inato.
The conclusion is thus iesistible that the cucial eo assi(ned, the onl" one that calls fo discussion to the effect
that fo income ta3 puposes the Cla. Ai ,oce Base is outside Philippine teito", is uttel" #ithout meit. 'o #e
have said ealie.
@. To impute then to the statement of Bustice Tuason the meanin( that petitione #ould fasten on it is, to
paaphase ,an.fute, to be (uilt" of succumbin( to the vice of litealness. To so conclude is, #hethe b" desi(n
o inadvetence, to misead it. 2t cetainl" is not susceptible of the mischievous conse!uences no# sou(ht to be
fastened on it b" petitione.
That it #ould be fau(ht #ith such peil to the enfocement of ou ta3 statutes on the milita" bases unde lease to
the Ameican amed foces could not have been #ithin the contemplation of Bustice Tuason. To so attibute such
a bi5ae conse!uence is to be (uilt" of a (ave dissevice to the memo" of a (eat 8uist. ,o his eal and
(enuine sentiment on the matte in consonance #ith the impeative mandate of contollin( constitutional and
intenational la# concepts #as cate(oicall" set foth b" him, not as an obiter but as the ationale of the decision,
in eople v. Acierto
$A
thus0 XB" the FMilita" BasesG A(eement, it should be noted, the Philippine -ovenment
meel" consents that the <nited 'tates e3ecise 8uisdiction in cetain cases. The consent #as (iven puel" as a
matte of comit", coutes", o e3pedienc" ove the bases as pat of the Philippine teito" o divested itself
completel" of 8uisdiction ove offenses committed theein.Y
No did he stop thee. 1e did stess futhe the full e3tent of ou teitoial 8uisdiction in #ods that do not admit of
doubt. Thus0 XThis povision is not and can not on pinciple o authoit" be constued as a limitation upon the
i(hts of the Philippine -ovenment. 2f an"thin(, it is an emphatic eco(nition and eaffimation of Philippine
soveei(nt" ove the bases and of the tuth that all 8uisdictional i(hts (anted to the <nited 'tates and not
e3ecised b" the latte ae eseved b" the Philippines fo itself.Y
$%
2t is in the same spiit that #e appoach the specific !uestion confontin( us in this liti(ation. ;e hold, as
announced at the outset, that petitione #as liable fo the income ta3 aisin( fom a sale of his automobile in the
Cla. ,ield Ai Base, #hich cleal" is and cannot othe#ise be othe than, #ithin ou teitoial 8uisdiction to ta3.
A. ;ith the mist thus lifted fom the situation as it tul" pesents itself, thee is nothin( that stands in the #a" of an
affimance of the Cout of Ta3 Appeals decision. No useful pupose #ould be seved b" discussin( the othe
assi(ned eos, petitione himself bein( full" a#ae that if the Cla. Ai ,oce Base is to be consideed, as it
ou(ht to be and as it is, Philippine soil o teito", his claim fo e3emption fom the income ta3 due #as
distin(uished onl" b" its futilit".
Thee is futhe satisfaction in findin( ouselves unable to indul(e petitione in his plea fo evesal. ;e thus
manifest fealt" to a ponouncement made time and time a(ain that the la# does not loo. #ith favo on ta3
e3emptions and that he #ho #ould see. to be thus pivile(ed must 8ustif" it b" #ods too plain to be mista.en and
too cate(oical to be misintepeted.
$&
Petitione had not done so. Petitione cannot do so.
;1ERE,6RE, the decision of the Cout of Ta3 Appeals of Ma" 1$, 1+&& den"in( the efund of P$,+/+.** as the
income ta3 paid b" petitione is affimed. ;ith costs a(ainst petitione.
(oncepcion" (.6." >izon" Ma+alintal" Paldivar" 'anchez" (astro and 8eehan+ee" 66." concu.
Reyes" 6.;.L." 6." concus in the esult.
;arredo" 6." too. no pat.
1@&

EN BANC
?G.R. No. 1*4)68. .,62 21, 2**3@
Re#,b6%c o4 t1e P1%6%##%&e', petitioner, !s. S$&/%-$&b$2$&, M$For Ge&er$6 .o'e#1,' =. R$9$' $&/
E6%5$bet1 "%9$$&o, respondents.
" E C S O N
C!RPO, J.A
T1e C$'e
Befoe this Cout is a petition fo evie# on certiorari see.in( to set aside the Resolutions of the
'andi(anba"an >,ist 7ivision?
F1G
dated 1H Novembe 1++1 and $% Mach 1++$ in Civil Case No. **@/. The fist
Resolution dismissed petitioneWs Amended Complaint and odeed the etun of the confiscated items to
espondent Eli5abeth 7imaano, #hile the second Resolution denied petitioneWs Motion fo
Reconsideation. Petitione pa"s fo the (ant of the eliefs sou(ht in its Amended Complaint, o in the
altenative, fo the emand of this case to the 'andi(anba"an >,ist 7ivision? fo futhe poceedin(s allo#in(
petitione to complete the pesentation of its evidence.
!&tece/e&t F$ct'
2mmediatel" upon he assumption to office follo#in( the successful E7'A Revolution, then Pesident
Coa5on C. A!uino issued E3ecutive 6de No. 1 >XE6 No. 1Y? ceatin( the Pesidential Commission on -ood
-ovenment >XPC--Y?. E6 No. 1 pimail" tas.ed the PC-- to ecove all ill-(otten #ealth of fome Pesident
,edinand E. Macos, his immediate famil", elatives, subodinates and close associates. E6 No. 1 vested the
PC-- #ith the po#e X>a? to conduct investi(ation as ma" be necessa" in ode to accomplish and ca" out the
puposes of this odeY and the po#e X>h? to pomul(ate such ules and e(ulations as ma" be necessa" to ca"
out the pupose of this ode.Y Accodin(l", the PC--, thou(h its then Chaiman Bovito R. 'alon(a, ceated an
A,P Anti--aft Boad >XA,P BoadY? tas.ed to investi(ate epots of une3plained #ealth and coupt pactices b"
A,P pesonnel, #hethe in the active sevice o etied.
F$G
Based on its mandate, the A,P Boad investi(ated vaious epots of alle(ed une3plained #ealth of
espondent Ma8o -eneal Bosephus O. Ramas >XRamasY?. 6n $/ Bul" 1+H/, the A,P Boad issued a Resolution
on its findin(s and ecommendation on the epoted une3plained #ealth of Ramas. The elevant pat of the
Resolution eads0
222. ,2N72N-' and EEA=<AT26N0
Evidence in the ecod sho#ed that espondent is the o#ne of a house and lot located at 1%-Ka.an 't., =a Eista,
Oue5on Cit". 1e is also the o#ne of a house and lot located in Cebu Cit". The lot has an aea of @,@$/ s!uae
metes.
The value of the popet" located in Oue5on Cit" ma" be estimated modestl" at P/**,***.**.
1@/
The e!uipmentLitems and communication facilities #hich #ee found in the pemises of Eli5abeth 7imaano and
#ee confiscated b" elements of the PC Command of Batan(as #ee all coveed b" invoice eceipt in the name of
CAPT. E,REN 'A=276, R'6 Command Co", M'C, PA. These items could not have been in the possession of
Eli5abeth 7imaano if not (iven fo he use b" espondent Commandin( -eneal of the Philippine Am".
Aside fom the milita" e!uipmentLitems and communications e!uipment, the aidin( team #as also able to
confiscate mone" in the amount of P$,H/*,***.** and \%*,*** <' 7ollas in the house of Eli5abeth 7imaano on
@ Mach 1+H&.
Affidavits of membes of the Milita" 'ecuit" <nit, Milita" 'ecuit" Command, Philippine Am", stationed at
Camp Eldid(e, =os BaNos, =a(una, disclosed that Eli5abeth 7imaano is the mistess of espondent. That
espondent usuall" (oes and sta"s and sleeps in the alle(ed house of Eli5abeth 7imaano in Baan(a" Ten((a,
2taas, Batan(as Cit" and #hen he aives, Eli5abeth 7imaano embaces and .isses espondent. That on
,ebua" $%, 1+H&, a peson #ho ode in a ca #ent to the esidence of Eli5abeth 7imaano #ith fou >A? attache
cases filled #ith mone" and o#ned b" M-en Ramas.
'#on statement in the ecod disclosed also that Eli5abeth 7imaano had no visible means of income and is
suppoted b" espondent fo she #as fomel" a mee seceta".
Ta.in( in toto the evidence, Eli5abeth 7imaano could not have used the milita" e!uipmentLitems sei5ed in he
house on Mach @, 1+H& #ithout the consent of espondent, he bein( the Commandin( -eneal of the Philippine
Am". 2t is also impossible fo Eli5abeth 7imaano to claim that she o#ns the P$,H/*,***.** and \%*,*** <'
7ollas fo she had no visible souce of income.
This mone" #as neve declaed in the 'tatement of Assets and =iabilities of espondent. Thee #as an intention
to cove the e3istence of these mone" because these ae all ill-(otten and une3plained #ealth. ;ee it not fo the
affidavits of the membes of the Milita" 'ecuit" <nit assi(ned at Camp Eldid(e, =os BaNos, =a(una, the
e3istence and o#neship of these mone" #ould have neve been .no#n.
The 'tatement of Assets and =iabilities of espondent #ee also submitted fo scutin" and anal"sis b" the
BoadWs consultant. Althou(h the amount of P$,H/*,***.** and \%*,*** <' 7ollas #ee not included, still it #as
disclosed that espondent has an une3plained #ealth of P1*A,1@A. &*.
2E. C6NC=<'26N0
2n vie# of the foe(oin(, the Boad finds that a pima facie case e3ists a(ainst espondent fo ill-(otten and
une3plained #ealth in the amount of P$,+/A,1@A.** and \%*,*** <' 7ollas.
E. REC6MMEN7AT26N0
;heefoe it is ecommended that Ma8. -en. Bosephus O. Ramas >et.? be posecuted and tied fo violation of RA
@*1+, as amended, othe#ise .no#n as XAnti--aft and Coupt Pactices ActY and RA 1@/+, as amended,
othe#ise .no#n as XThe Act fo the ,ofeitue of <nla#full" Ac!uied Popet".Y
F@G
Thus, on 1 Au(ust 1+H/, the PC-- filed a petition fo fofeitue unde Republic Act No. 1@/+ >XRA No.
1@/+Y?
FAG
a(ainst Ramas.
Befoe Ramas could ans#e the petition, then 'olicito -eneal ,ancisco 2. Chave5 filed an Amended
Complaint namin( the Republic of the Philippines >XpetitioneY?, epesented b" the PC--, as plaintiff and Ramas
as defendant. The Amended Complaint also impleaded Eli5abeth 7imaano >X7imaanoY? as co-defendant.
The Amended Complaint alle(ed that Ramas #as the Commandin( -eneal of the Philippine Am" until
1+H&. 6n the othe hand, 7imaano #as a confidential a(ent of the Milita" 'ecuit" <nit, Philippine Am",
assi(ned as a cle.-t"pist at the office of Ramas fom 1 Banua" 1+/H to ,ebua" 1+/+. The Amended
1@H
Complaint futhe alle(ed that Ramas Xac!uied funds, assets and popeties manifestl" out of popotion to his
sala" as an am" office and his othe income fom le(itimatel" ac!uied popet" b" ta.in( undue advanta(e of
his public office andLo usin( his po#e, authoit" and influence as such office of the Amed ,oces of the
Philippines and as a subodinate and close associate of the deposed Pesident ,edinand Macos.Y
F%G

The Amended Complaint also alle(ed that the A,P Boad, afte a pevious in!ui", found easonable (ound
to believe that espondents have violated RA No. 1@/+.
F&G
The Amended Complaint pa"ed fo, amon( othes, the
fofeitue of espondentsW popeties, funds and e!uipment in favo of the 'tate.
Ramas filed an Ans#e #ith 'pecial andLo Affimative 7efenses and Compulso" Counteclaim to the
Amended Complaint. 2n his Ans#e, Ramas contended that his popet" consisted onl" of a esidential house at
=a Eista 'ubdivision, Oue5on Cit", valued at P/**,***, #hich #as not out of popotion to his sala" and othe
le(itimate income. 1e denied o#neship of an" mansion in Cebu Cit" and the cash, communications e!uipment
and othe items confiscated fom the house of 7imaano.
7imaano filed he o#n Ans#e to the Amended Complaint. Admittin( he emplo"ment as a cle.-t"pist in the
office of Ramas fom Banua"-Novembe 1+/H onl", 7imaano claimed o#neship of the monies, communications
e!uipment, 8e#el" and land titles ta.en fom he house b" the Philippine Constabula" aidin( team.
Afte temination of the pe-tial,
F/G
the cout set the case fo tial on the meits on +-11 Novembe 1+HH.
6n + Novembe 1+HH, petitione as.ed fo a defement of the heain( due to its lac. of pepaation fo tial
and the absence of #itnesses and vital documents to suppot its case. The cout eset the heain( to 1/ and 1H
Apil 1+H+.
6n 1@ Apil 1+H+, petitione filed a motion fo leave to amend the complaint in ode Xto cha(e the delin!uent
popeties #ith bein( sub8ect to fofeitue as havin( been unla#full" ac!uied b" defendant 7imaano alone 3 3
3.Y
FHG
Nevetheless, in an ode dated 1/ Apil 1+H+, the 'andi(anba"an poceeded #ith petitioneWs pesentation
of evidence on the (ound that the motion fo leave to amend complaint did not state #hen petitione #ould file
the amended complaint. The 'andi(anba"an futhe stated that the sub8ect matte of the amended complaint #as
on its face va(ue and not elated to the e3istin( complaint. The 'andi(anba"an also held that due to the time that
the case had been pendin( in cout, petitione should poceed to pesent its evidence.
Afte pesentin( onl" thee #itnesses, petitione as.ed fo a postponement of the tial.
6n $H 'eptembe 1+H+, duin( the continuation of the tial, petitione manifested its inabilit" to poceed to
tial because of the absence of othe #itnesses o lac. of futhe evidence to pesent. 2nstead, petitione
eiteated its motion to amend the complaint to confom to the evidence alead" pesented o to chan(e the
avements to sho# that 7imaano alone unla#full" ac!uied the monies o popeties sub8ect of the fofeitue.
The 'andi(anba"an noted that petitione had alead" dela"ed the case fo ove a "ea mainl" because of its
man" postponements. Moeove, petitione #ould #ant the case to evet to its pelimina" sta(e #hen in fact the
case had lon( been ead" fo tial. The 'andi(anba"an odeed petitione to pepae fo pesentation of its
additional evidence, if an".
7uin( the tial on $@ Mach 1++*, petitione a(ain admitted its inabilit" to pesent futhe evidence. -ivin(
petitione one moe chance to pesent futhe evidence o to amend the complaint to confom to its evidence, the
'andi(anba"an eset the tial to 1H Ma" 1++*. The 'andi(anba"an, ho#eve, hinted that the e-settin( #as
#ithout pe8udice to an" action that pivate espondents mi(ht ta.e unde the cicumstances.
1o#eve, on 1H Ma" 1++*, petitione a(ain e3pessed its inabilit" to poceed to tial because it had no futhe
evidence to pesent. A(ain, in the inteest of 8ustice, the 'andi(anba"an (anted petitione &* da"s #ithin #hich
to file an appopiate pleadin(. The 'andi(anba"an, ho#eve, #aned petitione that failue to act #ould
constain the cout to ta.e dastic action.
Pivate espondents then filed thei motions to dismiss based on epu&lic !. Migrino.
F+G
The Cout held
in Migrino that the PC-- does not have 8uisdiction to investi(ate and posecute milita" offices b" eason of
mee position held #ithout a sho#in( that the" ae XsubodinatesY of fome Pesident Macos.
1@+
6n 1H Novembe 1++1, the 'andi(anba"an endeed a esolution, the dispositive potion of #hich states0
;1ERE,6RE, 8ud(ment is heeb" endeed dismissin( the Amended Complaint, #ithout ponouncement as to
costs. The counteclaims ae li.e#ise dismissed fo lac. of meit, but the confiscated sum of mone",
communications e!uipment, 8e#el" and land titles ae odeed etuned to Eli5abeth 7imaano.
The ecods of this case ae heeb" emanded and efeed to the 1on. 6mbudsman, #ho has pima" 8uisdiction
ove the fofeitue cases unde R.A. No. 1@/+, fo such appopiate action as the evidence #aants. This case is
also efeed to the Commissione of the Bueau of 2ntenal Revenue fo a detemination of an" ta3 liabilit" of
espondent Eli5abeth 7imaano in connection hee#ith.
'6 6R7ERE7.
6n A 7ecembe 1++1, petitione filed its Motion fo Reconsideation.
2n ans#e to the Motion fo Reconsideation, pivate espondents filed a Boint CommentL6pposition to #hich
petitione filed its Repl" on 1* Banua" 1++$.
6n $% Mach 1++$, the 'andi(anba"an endeed a Resolution den"in( the Motion fo Reconsideation.
R,6%&- o4 t1e S$&/%-$&b$2$&
The 'andi(anba"an dismissed the Amended Complaint on the follo#in( (ounds0
>1.? The actions ta.en b" the PC-- ae not in accodance #ith the ulin(s of the 'upeme Cout
in (ruz" 6r. v. 'andi)anbayan
F1*G
and Republic v. Mi)rino
F11G
#hich involve the same issues.
>$.? No pevious in!ui" simila to pelimina" investi(ations in ciminal cases #as conducted a(ainst
Ramas and 7imaano.
>@.? The evidence adduced a(ainst Ramas does not constitute a prima facie case a(ainst him.
>A.? Thee #as an ille(al seach and sei5ue of the items confiscated.
T1e '',e'
Petitione aises the follo#in( issues0
A. RE'P6N7ENT C6<RT 'ER26<'=K ERRE7 2N C6NC=<72N- T1AT
PET2T26NERW' EE27ENCE CANN6T MA9E A CA'E ,6R ,6R,E2T<RE AN7
T1AT T1ERE ;A' N6 '16;2N- 6, C6N'P2RACK, C6==<'26N 6R
RE=AT26N'12P BK C6N'AN-<2N2TK 6R A,,2N2TK BK AN7 BET;EEN
RE'P6N7ENT RAMA' AN7 RE'P6N7ENT 72MAAN6 N6T;2T1'TAN72N-
T1E ,ACT T1AT '<C1 C6NC=<'26N' ;ERE C=EAR=K <N,6<N7E7 AN7
PREMAT<RE, 1AE2N- BEEN REN7ERE7 PR26R T6 T1E C6MP=ET26N 6,
T1E PRE'ENTAT26N 6, T1E EE27ENCE 6, T1E PET2T26NER.
B. RE'P6N7ENT C6<RT 'ER26<'=K ERRE7 2N 16=72N- T1AT T1E ACT26N'
TA9EN BK T1E PET2T26NER, 2NC=<72N- T1E ,2=2N- 6, T1E 6R2-2NA=
C6MP=A2NT AN7 T1E AMEN7E7 C6MP=A2NT, '16<=7 BE 'TR<C9 6<T 2N
=2NE ;2T1 T1E R<=2N-' 6, T1E '<PREME C6<RT 2N CR<J, BR. v.
1A*
'AN72-ANBAKAN, 1+A 'CRA A/A AN7 REP<B=2C v. M2-R2N6, 1H+ 'CRA $H+,
N6T;2T1'TAN72N- T1E ,ACT T1AT0
1. The cases of Cu5, B. v. 'andi(anba"an, supra, and Republic v. Mi(ino, supra,
ae cleal" not applicable to this caseI
$. An" pocedual defect in the institution of the complaint in Civil Case No. **@/
#as cued andLo #aived b" espondents #ith the filin( of thei espective
ans#es #ith counteclaimI and
@. The sepaate motions to dismiss #ee evidentl" impope considein( that the"
#ee filed afte commencement of the pesentation of the evidence of the
petitione and even befoe the latte #as allo#ed to fomall" offe its evidence
and est its caseI
C. RE'P6N7ENT C6<RT 'ER26<'=K ERRE7 2N 16=72N- T1AT T1E ART2C=E'
AN7 T12N-' '<C1 A' '<M' 6, M6NEK, C6MM<N2CAT26N' EO<2PMENT,
BE;E=RK AN7 =AN7 T2T=E' C6N,2'CATE7 ,R6M T1E 16<'E 6,
RE'P6N7ENT 72MAAN6 ;ERE 2==E-A==K 'E2JE7 AN7 T1ERE,6RE
EDC=<7E7 A' EE27ENCE.
F1$G
T1e Co,rtO' R,6%&-
4irst Issue: PC556s Jurisdiction to In!estigate Pri!ate espondents
This case involves a evisitin( of an old issue alead" decided b" this Cout in Cru7, Jr. !.
Sandigan&a%an
F1@G
and epu&lic !. Migrino.
F1AG
The pima" issue fo esolution is #hethe the PC-- has the 8uisdiction to investi(ate and cause the filin(
of a fofeitue petition a(ainst Ramas and 7imaano fo une3plained #ealth unde RA No. 1@/+.
;e hold that PC-- has no such 8uisdiction.
The PC-- ceated the A,P Boad to investi(ate the une3plained #ealth and coupt pactices of A,P
pesonnel, #hethe in the active sevice o etied.
F1%G
The PC-- tas.ed the A,P Boad to ma.e the necessa"
ecommendations to appopiate (ovenment a(encies on the action to be ta.en based on its findin(s.
F1&G
The
PC-- (ave this tas. to the A,P Boad pusuant to the PC--Ws po#e unde 'ection @ of E6 No. 1 Xto conduct
investi(ation as ma" be necessa" in ode to accomplish and to ca" out the puposes of this ode.Y E6 No. 1
(ave the PC-- specific esponsibilities, to #it0
'EC. $. The Commission shall be cha(ed #ith the tas. of assistin( the Pesident in e(ad to the follo#in(
mattes0
>a? The ecove" of all ill-(otten #ealth accumulated b" fome Pesident ,edinand E. Macos, his
immediate famil", elatives, subodinates and close associates, #hethe located in the
Philippines o aboad, includin( the ta.eove and se!uestation of all business entepises and
entities o#ned o contolled b" them, duin( his administation, diectl" o thou(h nominees, b"
ta.in( undue advanta(e of thei public office andL o usin( thei po#es, authoit", influence,
connections o elationship.
>b? The investi(ation of such cases of (aft and couption as the Pesident ma" assi(n to the
Commission fom time to time.
1A1
3 3 3.
The PC--, thou(h the A,P Boad, can onl" investi(ate the une3plained #ealth and coupt pactices of
A,P pesonnel #ho fall unde eithe of the t#o cate(oies mentioned in 'ection $ of E6 No. 1. These ae0 >1? A,P
pesonnel #ho have accumulated ill-(otten #ealth duin( the administation of fome Pesident Macos b" bein(
the latteWs immediate famil", elative, subodinate o close associate, ta.in( undue advanta(e of thei public office
o usin( thei po#es, influence 3 3 3I
F1/G
o >$? A,P pesonnel involved in othe cases of (aft and couption
povided the Pesident assi(ns thei cases to the PC--.
F1HG

Petitione, ho#eve, does not claim that the Pesident assi(ned RamasW case to the PC--. Theefoe,
RamasW case should fall unde the fist cate(o" of A,P pesonnel befoe the PC-- could e3ecise its 8uisdiction
ove him. Petitione a(ues that Ramas #as undoubtedl" a subodinate of fome Pesident Macos because of
his position as the Commandin( -eneal of the Philippine Am". Petitione claims that RamasW position enabled
him to eceive odes diectl" fom his commande-in-chief, undeniabl" ma.in( him a subodinate of fome
Pesident Macos.
;e hold that Ramas #as not a XsubodinateY of fome Pesident Macos in the sense contemplated unde
E6 No. 1 and its amendments.
Mee position held b" a milita" office does not automaticall" ma.e him a XsubodinateY as this tem is used
in E6 Nos. 1, $, 1A and 1A-A absent a sho#in( that he en8o"ed close association #ith fome Pesident
Macos. Migrino discussed this issue in this #ise0
A close eadin( of E6 No. 1 and elated e3ecutive odes #ill eadil" sho# #hat is contemplated #ithin the tem
Zsubodinate.W The ;heeas Clauses of E6 No. 1 e3pess the u(ent need to ecove the ill-(otten #ealth
amassed b" fome Pesident ,edinand E. Macos, his immediate famil", elatives, and close associates both
hee and aboad.
E6 No. $ fee5es Zall assets and popeties in the Philippines in #hich fome Pesident Macos andLo his #ife,
Ms. 2melda Macos, thei close elatives, subodinates, business associates, dummies, a(ents, o nominees have
an" inteest o paticipation.W
Appl"in( the ule in statuto" constuction .no#n as e*usdem )eneris that is-
ZF;Ghee (eneal #ods follo# an enumeation of pesons o thin(s b" #ods of a paticula and specific meanin(,
such (eneal #ods ae not to be constued in thei #idest e3tent, but ae to be held as appl"in( onl" to pesons
o thin(s of the same .ind o class as those specificall" mentioned F'mith, Bell T Co, =td. vs. Re(iste of 7eeds of
7avao, +& Phil. %@, %H, citin( Blac. on 2ntepetation of =a#s, $
nd
Ed., $*@G.W
FTGhe tem XsubodinateY as used in E6 Nos. 1 T $ efes to one #ho en8o"s a close association #ith fome
Pesident Macos andLo his #ife, similar to the immediate famil% mem&er, relati!e, and close associate in
#O 8o. ( and the close relati!e, &usiness associate, dumm%, agent, or nominee in #O 8o. ).
3 3 3
2t does not suffice, as in this case, that the espondent is o #as a (ovenment official o emplo"ee duin( the
administation of fome Pesident Macos. *here must &e a prima facie sho"ing that the respondent
unla"full% accumulated "ealth &% !irtue of his close association or relation "ith former Pres. Marcos
and9or his "ife. >Emphasis supplied?
RamasW position alone as Commandin( -eneal of the Philippine Am" #ith the an. of Ma8o
-eneal
F1+G
does not suffice to ma.e him a XsubodinateY of fome Pesident Macos fo puposes of E6 No. 1 and
its amendments. The PC-- has to povide a prima facie sho#in( that Ramas #as a close associate of fome
Pesident Macos, in the same manne that business associates, dummies, a(ents o nominees of fome
Pesident Macos #ee close to him. 'uch close association is manifested eithe b" RamasW complicit" #ith
1A$
fome Pesident Macos in the accumulation of ill-(otten #ealth b" the deposed Pesident o b" fome Pesident
MacosW ac!uiescence in RamasW o#n accumulation of ill-(otten #ealth if an".
This, the PC-- failed to do.
PetitioneWs attempt to diffeentiate the instant case fom Migrino does not convince us. Petitione a(ues
that unli.e in Migrino, the A,P Boad Resolution in the instant case states that the A,P Boad conducted the
investi(ation pusuant to E6 Nos. 1, $, 1A and 1A-A in elation to RA No. 1@/+. Petitione assets that thee is a
pesumption that the PC-- #as actin( #ithin its 8uisdiction of investi(atin( con"-elated cases of (aft and
couption and that Ramas #as tul" a subodinate of the fome Pesident. 1o#eve, the same A,P Boad
Resolution belies this contention. Althou(h the Resolution be(ins #ith such statement, it ends #ith the follo#in(
ecommendation0
E. REC6MMEN7AT26N0
;heefoe it is ecommended that Ma8. -en. Bosephus O. Ramas >et.? be posecuted and tied fo violation of RA
@*1+, as amended, othe#ise .no#n as XAnti--aft and Coupt Pactices ActY and RA 1@/+, as amended,
othe#ise .no#n as XThe Act fo the ,ofeitue of <nla#full" Ac!uied Popet".Y
F$*G
Thus, althou(h the PC-- sou(ht to investi(ate and posecute pivate espondents unde E6 Nos. 1, $, 1A and
1A-A, the esult "ielded a findin( of violation of Republic Acts Nos. @*1+ and 1@/+ #ithout an" elation to E6 Nos.
1, $, 1A and 1A-A. This absence of elation to E6 No. 1 and its amendments poves fatal to petitioneWs case. E6
No. 1 ceated the PC-- fo a specific and limited pupose, and necessail" its po#es must be constued to
addess such specific and limited pupose.
Moeove, the esolution of the A,P Boad and even the Amended Complaint do not sho# that the popeties
Ramas alle(edl" o#ned #ee accumulated b" him in his capacit" as a XsubodinateY of his commande-in-
chief. Petitione meel" enumeated the popeties Ramas alle(edl" o#ned and su((ested that these popeties
#ee dispopotionate to his sala" and othe le(itimate income #ithout sho#in( that Ramas amassed them
because of his close association #ith fome Pesident Macos. Petitione, in fact, admits that the A,P Boad
esolution does not contain a findin( that Ramas accumulated his #ealth because of his close association #ith
fome Pesident Macos, thus0
1*. ;hile it is tue that t1e re'o6,t%o& o4 t1e !&t%-Gr$4t 0o$r/ o4 t1e NeD !r9e/ Force' o4 t1e P1%6%##%&e'
/%/ &ot c$te-or%c$662 4%&/ $ prima facie e3%/e&ce '1oD%&- t1$t re'#o&/e&t R$9$' ,&6$D4,662 $cc,9,6$te/
De$6t1 b2 3%rt,e o4 1%' c6o'e $''oc%$t%o& or re6$t%o& D%t1 4or9er Pre'%/e&t M$rco' $&/Por 1%' D%4e, %t %'
',b9%tte/ t1$t ',c1 o9%''%o& D$' &ot 4$t$6. The esolution of the Anti--aft Boad should be ead in the
conte3t of the la# ceatin( the same and the ob8ective of the investi(ation #hich #as, as stated in the above,
pusuant to Republic Act Nos. @*1+ and 1@/+ in elation to E3ecutive 6de Nos. 1, $, 1A and 1A-aI
F$1G
>Emphasis
supplied?
'uch omission is fatal. Petitione fo(ets that it is pecisel" a prima facie sho#in( that the ill-(otten #ealth
#as accumulated b" a XsubodinateY of fome Pesident Macos that vests 8uisdiction on PC--. E6 No.
1
F$$G
cleal" pemises the ceation of the PC-- on the u(ent need to ecove all ill-(otten #ealth amassed b"
fome Pesident Macos, his immediate famil", elatives, subodinates and close associates. Theefoe, to sa"
that such omission #as not fatal is cleal" conta" to the intent behind the ceation of the PC--.
2n Cru7, Jr. !. Sandigan&a%an,
F$@G
the Cout outlined the cases that fall unde the 8uisdiction of the PC--
pusuant to E6 Nos. 1, $,
F$AG
1A,
F$%G
1A-A0
F$&G
A caeful eadin( of 'ections $>a? and @ of E3ecutive 6de No. 1 in elation #ith 'ections 1, $ and @ of E3ecutive
6de No. 1A, sho#s #hat the authoit" of the espondent PC-- to investi(ate and posecute coves0
>a? the investi(ation and posecution of the civil action fo the ecove" of ill-(otten #ealth unde
Republic Act No. 1@/+, $cc,9,6$te/ b2 4or9er Pre'%/e&t M$rco', 1%' %99e/%$te 4$9%62,
re6$t%3e', ',bor/%&$te' $&/ c6o'e $''oc%$te', #hethe located in the Philippines o aboad,
1A@
includin( the ta.e-ove o se!uestation of all business entepises and entities o#ned o
contolled b" them, duin( his administation, diectl" o thou(h his nominees, b2 t$E%&- ,&/,e
$/3$&t$-e o4 t1e%r #,b6%c o44%ce $&/Por ,'%&- t1e%r #oDer', $,t1or%t2 $&/ %&46,e&ce,
co&&ect%o&' or re6$t%o&'1%#'I and
>b? the investi(ation and posecution of such offenses committed in the ac!uisition of said ill-(otten
#ealth as contemplated unde 'ection $>a? of E3ecutive 6de No. 1.
1o#eve, ot1er 3%o6$t%o&' o4 t1e !&t%-Gr$4t $&/ Corr,#t Pr$ct%ce' !ct &ot ot1erD%'e 4$66%&- ,&/er t1e
4ore-o%&- c$te-or%e', reI,%re $ #re3%o,' $,t1or%t2 o4 t1e Pre'%/e&t 4or t1e re'#o&/e&t PCGG to
%&3e't%-$te $&/ #ro'ec,te %& $ccor/$&ce D%t1 Sect%o& 2 LbM o4 EBec,t%3e Or/er No. 1. Ot1erD%'e,
F,r%'/%ct%o& o3er ',c1 c$'e' %' 3e'te/ %& t1e O9b,/'9$& $&/ ot1er /,62 $,t1or%5e/ %&3e't%-$t%&-
$-e&c%e' ',c1 $' t1e #ro3%&c%$6 $&/ c%t2 #ro'ec,tor', t1e%r $''%'t$&t', t1e C1%e4 St$te Pro'ec,tor $&/ 1%'
$''%'t$&t' $&/ t1e 't$te #ro'ec,tor'. >Emphasis supplied?
The pope (ovenment a(encies, and not the PC--, should investi(ate and posecute fofeitue petitions
not fallin( unde E6 No. 1 and its amendments. The pelimina" investi(ation of une3plained #ealth amassed on
o befoe $% ,ebua" 1+H& falls unde the 8uisdiction of the 6mbudsman, #hile the authoit" to file the
coespondin( fofeitue petition ests #ith the 'olicito -eneal.
F$/G
The 6mbudsman Act o Republic Act No.
&//* >XRA No. &//*Y? vests in the 6mbudsman the po#e to conduct pelimina" investi(ation and to file fofeitue
poceedin(s involvin( une3plained #ealth amassed afte $% ,ebua" 1+H&.
F$HG
Afte the ponouncements of the Cout in Cru7, the PC-- still pusued this case despite the absence of
a prima facie findin( that Ramas #as a XsubodinateY of fome Pesident Macos. The petition fo fofeitue filed
#ith the 'andi(anba"an should be dismissed fo lac. of authoit" b" the PC-- to investi(ate espondents since
thee is no prima facie sho#in( that E6 No. 1 and its amendments appl" to espondents. The A,P Boad
Resolution and even the Amended Complaint state that thee ae violations of RA Nos. @*1+ and 1@/+. Thus, the
PC-- should have ecommended RamasW case to the 6mbudsman #ho has 8uisdiction to conduct the
pelimina" investi(ation of odina" une3plained #ealth and (aft cases. As stated in Migrino0
FButG in vie# of the patent lac. of authoit" of the PC-- to investi(ate and cause the posecution of pivate
espondent fo violation of Rep. Acts Nos. @*1+ and 1@/+, the PC-- must also be en8oined fom poceedin( #ith
the case, #ithout pe8udice to an" action that ma" be ta.en b" the pope posecuto" a(enc". The ule of la#
mandates that an a(enc" of (ovenment be allo#ed to e3ecise onl" the po#es (anted to it.
PetitioneWs a(ument that pivate espondents have #aived an" defect in the filin( of the fofeitue petition b"
submittin( thei espective Ans#es #ith counteclaim deseves no meit as #ell.
Petitione has no 8uisdiction ove pivate espondents. Thus, thee is no 8uisdiction to #aive in the fist
place. The PC-- cannot e3ecise investi(ative o posecutoial po#es neve (anted to it. PC--Ws po#es ae
specific and limited. <nless (iven additional assi(nment b" the Pesident, PC--Ws sole tas. is onl" to ecove
the ill-(otten #ealth of the Macoses, thei elatives and conies.
F$+G
;ithout these elements, the PC-- cannot
claim 8uisdiction ove a case.
Pivate espondents !uestioned the authoit" and 8uisdiction of the PC-- to investi(ate and posecute thei
cases b" filin( thei Motion to 7ismiss as soon as the" leaned of the ponouncement of the Cout
in Migrino. This case #as decided on @* Au(ust 1++*, #hich e3plains #h" pivate espondents onl" filed thei
Motion to 7ismiss on H 6ctobe 1++*. Nevetheless, #e have held that the paties ma" aise lac. of 8uisdiction at
an" sta(e of the poceedin(.
F@*G
Thus, #e hold that thee #as no #aive of 8uisdiction in this case. Buisdiction is
vested b" la# and not b" the paties to an action.
F@1G
Conse!uentl", the petition should be dismissed fo lac. of 8uisdiction b" the PC-- to conduct the
pelimina" investi(ation. The 6mbudsman ma" still conduct the pope pelimina" investi(ation fo violation of
RA No. 1@/+, and if #aanted, the 'olicito -eneal ma" file the fofeitue petition #ith the 'andi(anba"an.
F@$G
The i(ht of the 'tate to fofeit une3plained #ealth unde RA No. 1@/+ is not sub8ect to pesciption, laches o
estoppel.
F@@G
1AA
Second Issue: Propriet% of Dismissal of Case
Before Completion of Presentation of #!idence
Petitione also contends that the 'andi(anba"an eed in dismissin( the case befoe completion of the
pesentation of petitioneWs evidence.
;e disa(ee.
Based on the findin(s of the 'andi(anba"an and the ecods of this case, #e find that petitione has onl"
itself to blame fo non-completion of the pesentation of its evidence. ,ist, this case has been pendin( fo fou
"eas befoe the 'andi(anba"an dismissed it. Petitione filed its Amended Complaint on 11
Au(ust 1+H/, and onl" be(an to pesent its evidence on 1/ Apil 1+H+. Petitione had almost t#o "eas to
pepae its evidence. 1o#eve, despite this sufficient time, petitione still dela"ed the pesentation of the est of its
evidence b" filin( numeous motions fo postponements and e3tensions. Even befoe the date set fo the
pesentation of its evidence, petitione filed, on 1@ Apil 1+H+, a Motion fo =eave to Amend the Complaint.
F@AG
The
motion sou(ht Xto cha(e the delin!uent popeties >#hich compise most of petitioneWs evidence? #ith bein(
sub8ect to fofeitue as havin( been unla#full" ac!uied b" defendant 7imaano alone 3 3 3.Y
The 'andi(anba"an, ho#eve, efused to defe the pesentation of petitioneWs evidence since petitione did
not state #hen it #ould file the amended complaint. 6n 1H Apil 1+H+, the 'andi(anba"an set the continuation of
the pesentation of evidence on $H-$+ 'eptembe and +-11 6ctobe 1+H+, (ivin( petitione ample time to pepae
its evidence. 'till, on $H 'eptembe 1+H+, petitione manifested its inabilit" to poceed #ith the pesentation of its
evidence. The 'andi(anba"an issued an 6de e3pessin( its vie# on the matte, to #it0
The Cout has (one thou(h e3tended in!ui" and a naation of the above events because this case has been
ead" fo tial fo ove a "ea and much of the dela" heeon has been due to the inabilit" of the (ovenment to
poduce on scheduled dates fo pe-tial and fo tial documents and #itnesses, alle(edl" upon the failue of the
milita" to suppl" them fo the pepaation of the pesentation of evidence theeon. 6f e!ual inteest is the fact
that this Cout has been held to tas. in public about its alle(ed failue to move cases such as this one be"ond the
pelimina" sta(e, #hen, in vie# of the developments such as those of toda", this Cout is no# faced #ith a
situation #hee a case alead" in po(ess #ill evet bac. to the pelimina" sta(e, despite a five-month pause
#hee appopiate action could have been undeta.en b" the plaintiff Republic.
F@%G
6n + 6ctobe 1+H+, the PC-- manifested in cout that it #as conductin( a pelimina" investi(ation on the
une3plained #ealth of pivate espondents as mandated b" RA No. 1@/+.
F@&G
The PC-- pa"ed fo an additional
fou months to conduct the pelimina" investi(ation. The 'andi(anba"an (anted this e!uest and scheduled the
pesentation of evidence on $&-$+ Mach 1++*. 1o#eve, on the scheduled date, petitione failed to infom the
cout of the esult of the pelimina" investi(ation the PC-- supposedl" conducted. A(ain, the 'andi(anba"an
(ave petitione until 1H Ma" 1++* to continue #ith the pesentation of its evidence and to infom the cout of X#hat
lies ahead insofa as the status of the case is concened 3 3 3.Y
F@/G
'till on the date set, petitione failed to pesent
its evidence. ,inall", on 11 Bul" 1++*, petitione filed its Re-Amended Complaint.
F@HG
The 'andi(anba"an coectl"
obseved that a case alead" pendin( fo "eas #ould evet to its pelimina" sta(e if the cout #ee to accept the
Re-Amended Complaint.
Based on these cicumstances, obviousl" petitione has onl" itself to blame fo failue to complete the
pesentation of its evidence. The 'andi(anba"an (ave petitione moe than sufficient time to finish the
pesentation of its evidence. The 'andi(anba"an oveloo.ed petitioneWs dela"s and "et petitione ended the lon(-
stin( of dela"s #ith the filin( of a Re-Amended Complaint, #hich #ould onl" polon( even moe the disposition of
the case.
Moeove, the ponouncements of the Cout in Migrino and Cru7 pompted the 'andi(anba"an to dismiss
the case since the PC-- has no 8uisdiction to investi(ate and posecute the case a(ainst pivate espondents.
This alone #ould have been sufficient le(al basis fo the 'andi(anba"an to dismiss the fofeitue case a(ainst
pivate espondents.
Thus, #e hold that the 'andi(anba"an did not e in dismissin( the case befoe completion of the
pesentation of petitioneWs evidence.
1A%
*hird Issue: 'egalit% of the Search and Sei7ure
Petitione claims that the 'andi(anba"an eed in declain( the popeties confiscated fom 7imaanoWs house
as ille(all" sei5ed and theefoe inadmissible in evidence. This issue beas a si(nificant effect on petitioneWs
case since these popeties compise most of petitioneWs evidence a(ainst pivate espondents. Petitione #ill not
have much evidence to suppot its case a(ainst pivate espondents if these popeties ae inadmissible in
evidence.
6n @ Mach 1+H&, the Constabula" aidin( team seved at 7imaanoWs esidence a seach #aant captioned
X2lle(al Possession of ,ieams and Ammunition.Y 7imaano #as not pesent duin( the aid but 7imaanoWs
cousins #itnessed the aid. The aidin( team sei5ed the items detailed in the sei5ue eceipt to(ethe #ith othe
items not included in the seach #aant. The aidin( team sei5ed these items0 one bab" amalite ifle #ith
t#o ma(a5inesI A* ounds of %.%& ammunitionI one pistol, calibe .A%I communications e!uipment, cash
consistin( of P$,H/*,*** and <'\%*,***, 8e#el", and land titles.
Petitione #ants the Cout to ta.e 8udicial notice that the aidin( team conducted the seach and sei5ue Xon
Mach @, 1+H& o five da"s afte the successful E7'A evolution.Y
F@+G
Petitione a(ues that a evolutiona"
(ovenment #as opeative at that time b" vitue of Poclamation No. 1 announcin( that Pesident A!uino and Eice
Pesident =auel #ee Xta.in( po#e in the name and b" the #ill of the ,ilipino people.Y
FA*G
Petitione assets that
the evolutiona" (ovenment effectivel" #ithheld the opeation of the 1+/@ Constitution #hich (uaanteed pivate
espondentsW e3clusiona" i(ht.
Moeove, petitione a(ues that the e3clusiona" i(ht aisin( fom an ille(al seach applies onl" be(innin( $
,ebua" 1+H/, the date of atification of the 1+H/ Constitution. Petitione contends that all i(hts unde the Bill of
Ri(hts had alead" eveted to its emb"onic sta(e at the time of the seach. Theefoe, the (ovenment ma"
confiscate the monies and items ta.en fom 7imaano and use the same in evidence a(ainst he since at the time
of thei sei5ue, pivate espondents did not en8o" an" constitutional i(ht.
Petitione is patl" i(ht in its a(uments.
The E7'A Revolution too. place on $@-$% ,ebua" 1+H&. As succinctl" stated in Pesident A!uinoWs
Poclamation No. @ dated $% Mach 1+H&, the E7'A Revolution #as :done in defiance of the pro!isions of the
(/1; Constitution.<
FA1G
The esultin( (ovenment #as indisputabl" a evolutiona" (ovenment bound b" no
constitution o le(al limitations e3cept teat" obli(ations that the evolutiona" (ovenment, as the de
*ure (ovenment in the Philippines, assumed unde intenational la#.
The coect issues ae0 >1? #hethe the evolutiona" (ovenment #as bound b" the Bill of Ri(hts of the 1+/@
Constitution duin( the interregnum, that is, after the actual and effective ta.e-ove of po#e b" the evolutiona"
(ovenment follo#in( the cessation of esistance b" lo"alist foces up to $A Mach 1+H& >immediatel" befoe the
adoption of the Povisional Constitution?I and >$? #hethe the potection accoded to individuals unde the
2ntenational Covenant on Civil and Political Ri(hts >XCovenantY? and the <nivesal 7eclaation of 1uman Ri(hts
>X7eclaationY? emained in effect duin( the intee(num.
;e hold that the Bill of Ri(hts unde the 1+/@ Constitution #as not opeative duin( the
intee(num. 1o#eve, #e ule that the potection accoded to individuals unde the Covenant and the
7eclaation emained in effect duin( the intee(num.
7uin( the intee(num, the diectives and odes of the evolutiona" (ovenment #ee the supeme la#
because no constitution limited the e3tent and scope of such diectives and odes. ;ith the abo(ation of the
1+/@ Constitution b" the successful evolution, thee #as no municipal la# hi(he than the diectives and odes
of the evolutiona" (ovenment. Thus, duin( the intee(num, a peson could not invo.e an" e3clusiona" i(ht
unde a Bill of Ri(hts because thee #as neithe a constitution no a Bill of Ri(hts duin( the intee(num. As the
Cout e3plained in 'etter of Associate Justice e%nato S. Puno0
FA$G
A evolution has been defined as Xthe complete ovetho# of the established (ovenment in an" count" o state
b" those #ho #ee peviousl" sub8ect to itY o as Xa sudden, adical and fundamental chan(e in the (ovenment o
political s"stem, usuall" effected #ith violence o at least some acts of violence.Y 2n 9elsen:s boo., -eneal
1A&
Theo" of =a# and 'tate, it is defined as that #hich Xoccus #heneve the le(al ode of a communit" is nullified
and eplaced b" a ne# ode . . . a #a" not pescibed b" the fist ode itself.Y
2t #as thou(h the ,ebua" 1+H& evolution, a elativel" peaceful one, and moe populal" .no#n as the Xpeople
po#e evolutionY that the ,ilipino people toe themselves a#a" fom an e3istin( e(ime. This evolution also sa#
the unpecedented ise to po#e of the A!uino (ovenment.
,om the natual la# point of vie#, the i(ht of evolution has been defined as Xan inheent i(ht of a people to cast
out thei ules, chan(e thei polic" o effect adical efoms in thei s"stem of (ovenment o institutions b" foce
o a (eneal upisin( #hen the le(al and constitutional methods of ma.in( such chan(e have poved inade!uate
o ae so obstucted as to be unavailable.Y 2t has been said that Xthe locus of positive la#-ma.in( po#e lies #ith
the people of the stateY and fom thee is deived Xthe i(ht of the people to abolish, to efom and to alte an"
e3istin( fom of (ovenment #ithout e(ad to the e3istin( constitution.Y
3 3 3
It is "idel% -no"n that Mrs. A$uino6s rise to the presidenc% "as not due to constitutional processes= in
fact, it "as achie!ed in !iolation of the pro!isions of the (/1; Constitution as a Batasang Pam&ansa
resolution had earlier declared Mr. Marcos as the "inner in the (/0> presidential election. Thus it can be
said that the o(ani5ation of Ms. A!uinoWs -ovenment #hich #as met b" little esistance and he contol of the
state evidenced b" the appointment of the Cabinet and othe .e" offices of the administation, the depatue of
the Macos Cabinet officials, evamp of the Budicia" and the Milita" si(naled the point "here the legal s%stem
then in effect, had ceased to &e o&e%ed &% the 4ilipino. >Emphasis supplied?
To hold that the Bill of Ri(hts unde the 1+/@ Constitution emained opeative duin( the intee(num #ould
ende void all se!uestation odes issued b" the Philippine Commission on -ood -ovenment >XPC--Y? befoe
the adoption of the ,eedom Constitution. The se!uestation odes, #hich diect the fee5in( and even the ta.e-
ove of pivate popet" b" mee e3ecutive issuance #ithout 8udicial action, #ould violate the due pocess and
seach and sei5ue clauses of the Bill of Ri(hts.
7uin( the intee(num, the (ovenment in po#e #as concededl" a evolutiona" (ovenment bound b" no
constitution. No one could validl" !uestion the se!uestation odes as violative of the Bill of Ri(hts because
thee #as no Bill of Ri(hts duin( the intee(num. 1o#eve, upon the adoption of the ,eedom Constitution, the
se!uesteed companies assailed the se!uestation odes as conta" to the Bill of Ri(hts of the ,eedom
Constitution.
2n Bataan Ship%ard ? #ngineering Co. Inc. !s. Presidential Commission on 5ood 5o!ernment,
FA@G
petitione Baseco, #hile concedin( thee #as no Bill of Ri(hts duin( the intee(num, !uestioned the
continued validit" of the se!uestation odes upon adoption of the ,eedom Constitution in vie# of the due
pocess clause in its Bill of Ri(hts. The Cout uled that the ,eedom Constitution, and late the 1+H/
Constitution, e,pressl% recogni7ed the validit" of se!uestation odes, thus0
2f an" doubt should still pesist in the face of the foe(oin( consideations as to the validit" and popiet" of
se!uestation, fee5e and ta.eove odes, it should be dispelled b" the fact that these paticula emedies and the
authoit" of the PC-- to issue them have eceived constitutional appobation and sanction. As alead"
mentioned, the Povisional o X,eedomY Constitution eco(ni5es the po#e and dut" of the Pesident to enact
Xmeasues to achieve the mandate of the people to . . . >?ecove ill-(otten popeties amassed b" the leades and
suppotes of the pevious e(ime and potect the inteest of the people thou(h odes of se!uestation o
fee5in( of assets o accounts.Y And as also alead" adveted to, 'ection $&, Aticle DE222 of the 1+H/ Constitution
teats of, and atifies the Xauthoit" to issue se!uestation o fee5e odes unde Poclamation No. @ dated Mach
$%, 1+H&.Y
The fames of both the ,eedom Constitution and the 1+H/ Constitution #ee full" a#ae that the
se!uestation odes #ould clash #ith the Bill of Ri(hts. Thus, the fames of both constitutions had to include
1A/
specific lan(ua(e eco(ni5in( the validit" of the se!uestation odes. The follo#in( discouse b" Commissione
Boa!uin -. Benas duin( the delibeations of the Constitutional Commission is instuctive0
,R. BERNA'0 Madam Pesident, thee is somethin( schi5ophenic about the a(uments in defense of the
pesent amendment.
,o instance, 2 have caefull" studied Ministe 'alon(aWs lectue in the -e(oio Aaneta <nivesit"
,oundation, of #hich all of us have been (iven a cop". 6n the one hand, he a(ues that eve"thin( the
Commission is doin( is taditionall" le(al. This is epeated b" Commissione Romulo also. Ministe
'alon(a spends a ma8o potion of his lectue developin( that a(ument. 6n the othe hand, almost as
an aftethou(ht, he sa"s that in the end #hat mattes ae the esults and not the le(al niceties, thus
su((estin( that the PC-- should be allo#ed to ma.e some le(al shotcuts, anothe #od fo niceties o
e3ceptions.
No#, if eve"thin( the PC-- is doin( is le(al, #h" is it as.in( the C6NC6M fo special potection4 The
ans#e is clea. +hat the% are doing "ill not stand the test of ordinar% due process, hence the%
are as-ing for protection, for e,ceptions. -andes malos, (andes emedios, fine, as the sa"in(
stands, but let us not sa" (andes malos, (ande " malos emedios. That is not an allo#able
e3tapolation. 1ence, #e should not (ive the e3ceptions as.ed fo, and let me elaboate and (ive thee
easons0
,ist, the #hole point of the ,ebua" Revolution and of the #o. of the C6NC6M is to hasten
constitutional nomali5ation. Ee" much at the heat of the constitutional nomali5ation is the full
effectivit" of the Bill of Ri(hts. ;e cannot, in one beath, as. fo constitutional nomali5ation and at the
same time as. fo a tempoa" halt to the full functionin( of #hat is at the heat of constitutionalism. That
#ould be h"pociticalI that #ould be a epetition of Macosian potestation of due pocess and ule of
la#. The Ne# 'ociet" #od fo that is Xbac.slidin(.Y 2t is ta(ic #hen #e be(in to bac.slide even befoe
#e (et thee.
'econd, this is eall" a coolla" of the fist. 1abits tend to become in(ained. The committee epot as.s
fo e3taodina" e3ceptions fom the Bill of Ri(hts fo si3 months afte the convenin( of Con(ess, and
Con(ess ma" even e3tend this lon(e.
-ood deeds epeated ipen into vitueI bad deeds epeated become vice. ;hat the committee epot is
as.in( fo is that #e should allo# the ne# (ovenment to ac!uie the vice of dise(adin( the Bill of
Ri(hts.
Eices, once the" become in(ained, become difficult to shed. The pactitiones of the vice be(in to thin.
that the" have a vested i(ht to its pactice, and the" #ill fi(ht tooth and nail to .eep the fanchise. That
#ould be an unhealth" #a" of consolidatin( the (ains of a democatic evolution.
Thid, the a(ument that #hat mattes ae the esults and not the le(al niceties is an a(ument that is
ve" distubin(. ;hen it comes fom a staunch Chistian li.e Commissione 'alon(a, a Ministe, and
epeated vebatim b" anothe staunch Chistian li.e Commissione Tin(son, it becomes doubl"
distubin( and even discombobulatin(. The a(ument ma.es the PC-- an auctionee, placin( the Bill
of Ri(hts on the auction bloc.. 2f the pice is i(ht, the seach and sei5ue clause #ill be sold. X6pen
"ou '#iss ban. account to us and #e #ill a#ad "ou the seach and sei5ue clause. Kou can .eep it in
"ou pivate safe.Y
Altenativel", the a(ument loo.s on the pesent (ovenment as hosta(e to the hoades of hidden
#ealth. The hoades #ill elease the hidden health if the ansom pice is paid and the ansom pice is
the Bill of Ri(hts, specificall" the due pocess in the seach and sei5ue clauses. 'o, thee is somethin(
positivel" evolvin( about eithe a(ument. The Bill of Ri(hts is not fo sale to the hi(hest bidde no can
it be used to ansom captive dollas. This nation #ill suvive and (o# ston(, onl" if it #ould become
convinced of the values enshined in the Constitution of a pice that is be"ond moneta" estimation.
,o these easons, the honoable couse fo the Constitutional Commission is to delete all of 'ection H
of the committee epot and allo# the ne# Constitution to ta.e effect in full vi(o. 2f 'ection H is deleted,
the PC-- has t#o options. ,ist, it can pusue the 'alon(a and the Romulo a(ument C that #hat the
PC-- has been doin( has been completel" #ithin the pale of the la#. 2f sustained, the PC-- can (o
on and should be able to (o on, even #ithout the suppot of 'ection H. 2f not sustained, ho#eve, the
PC-- has onl" one honoable option, it must bo# to the ma8est" of the Bill of Ri(hts.
The PC-- e3tapolation of the la# is defended b" staunch Chistians. =et me conclude #ith #hat
anothe Chistian eplied #hen as.ed to to" aound #ith the la#. ,om his pison cell, Thomas Moe
1AH
said, )2:ll (ive the devil benefit of la# fo m" nationWs safet" sa.e.Y 2 as. the Commission to (ive the devil
benefit of la# fo ou nationWs sa.e. And #e should delete 'ection H.
Than. "ou, Madam Pesident. >Emphasis supplied?
7espite the impassioned plea b" Commissione Benas a(ainst the amendment
e3ceptin( se!uestation odes fom the Bill of Ri(hts, the Constitutional Commission still adopted the
amendment as 'ection $&,
FAAG
Aticle DE222 of the 1+H/ Constitution. The fames of the Constitution #ee full"
a#ae that absent 'ection $&, se!uestation odes #ould not stand the test of due pocess unde the Bill of
Ri(hts.
Thus, to ule that the Bill of Ri(hts of the 1+/@ Constitution emained in foce duin( the intee(num, absent
a constitutional povision e3ceptin( se!uestation odes fom such Bill of Ri(hts, #ould cleal" ende all
se!uestation odes void duin( the intee(num. Nevetheless, even duin( the intee(num the ,ilipino people
continued to en8o", unde the Covenant and the 7eclaation, almost the same i(hts found in the Bill of Ri(hts of
the 1+/@ Constitution.
The evolutiona" (ovenment, afte installin( itself as the de *ure (ovenment, assumed esponsibilit" fo the
'tateWs (ood faith compliance #ith the Covenant to #hich the Philippines is a si(nato". Aticle $>1? of the
Covenant e!uies each si(nato" 'tate Xto espect and to ensue to all individuals #ithin its teito" and sub8ect
to its 8uisdiction the i(hts
FA%G
eco(ni5ed in the pesent Covenant.Y <nde Aticle 1/>1? of the Covenant, the
evolutiona" (ovenment had the dut" to insue that XFnGo one shall be sub8ected to abita" o unla#ful
intefeence #ith his pivac", famil", home o coespondence.Y
The 7eclaation, to #hich the Philippines is also a si(nato", povides in its Aticle 1/>$? that XFnGo one shall
be abitail" depived of his popet".Y Althou(h the si(natoies to the 7eclaation did not intend it as a le(all"
bindin( document, bein( onl" a declaation, the Cout has intepeted the 7eclaation as pat of the (eneall"
accepted pinciples of intenational la# and bindin( on the 'tate.
FA&G
Thus, the evolutiona" (ovenment #as also
obli(ated unde intenational la# to obseve the i(hts
FA/G
of individuals unde the 7eclaation.
The evolutiona" (ovenment did not epudiate the Covenant o the 7eclaation duin( the intee(num.
;hethe the evolutiona" (ovenment could have epudiated all its obli(ations unde the Covenant o the
7eclaation is anothe matte and is not the issue hee. 'uffice it to sa" that the Cout consides the 7eclaation
as pat of customa" intenational la#, and that ,ilipinos as human bein(s ae pope sub8ects of the ules of
intenational la# laid do#n in the Covenant. The fact is the evolutiona" (ovenment did not epudiate the
Covenant o the 7eclaation in the same #a" it epudiated the 1+/@ Constitution. As the de *ure (ovenment, the
evolutiona" (ovenment could not escape esponsibilit" fo the 'tateWs (ood faith compliance #ith its teat"
obli(ations unde intenational la#.
2t #as onl" upon the adoption of the Povisional Constitution on $% Mach 1+H& that the diectives and odes
of the evolutiona" (ovenment became sub8ect to a hi(he municipal la# that, if contavened, endeed such
diectives and odes void. The Povisional Constitution adopted vebatim the Bill of Ri(hts of the 1+/@
Constitution.
FAHG
The Povisional Constitution seved as a self-limitation b" the evolutiona" (ovenment to avoid
abuses of the absolute po#es entusted to it b" the people.
7uin( the intee(num #hen no constitution o Bill of Ri(hts e3isted, diectives and odes issued b"
(ovenment offices #ee valid so lon( as these offices did not e3ceed the authoit" (anted them b" the
evolutiona" (ovenment. The diectives and odes should not have also violated the Covenant o the
7eclaation. 2n this case, the evolutiona" (ovenment pesumptivel" sanctioned the #aant since the
evolutiona" (ovenment did not epudiate it. The #aant, issued b" a 8ud(e upon pope application, specified
the items to be seached and sei5ed. The #aant is thus valid #ith espect to the items specificall" descibed in
the #aant.
1o#eve, the Constabula" aidin( team sei5ed items not included in the #aant. As admitted b" petitioneWs
#itnesses, the aidin( team confiscated items not included in the #aant, thus0
7iect E3amination of Capt. Rodolfo 'ebastian
AB AM6RE'
1A+
O. Accodin( to the seach #aant, "ou ae supposed to sei5e onl" fo #eapons. ;hat else,
aside fom the #eapons, #ee sei5ed fom the house of Miss Eli5abeth 7imaano4
A. The communications e!uipment, mone" in Philippine cuenc" and <' dollas, some
8e#elies, land titles, si.
O. No#, the seach #aant spea.s onl" of #eapons to be sei5ed fom the house of Eli5abeth
7imaano. 7o "ou .no# the eason #h" "ou team also sei5ed othe popeties not
mentioned in said seach #aant4
A. 7uin( the convesation i(ht afte the conduct of said aid, 2 #as infomed that the eason
#h" the" also bou(ht the othe items not included in the seach #aant #as because the
mone" and othe 8e#elies #ee contained in attach] cases and catons #ith ma.in(s
X'on" TinitonY, and 2 thin. thee >@? vaults o steel safes. Believin( that the attach] cases
and the steel safes #ee containin( fieams, the" foced open these containes onl" to find
out that the" contained mone".
333
O. Kou said "ou found mone" instead of #eapons, do "ou .no# the eason #h" "ou team
sei5ed this mone" instead of #eapons4
A. 2 thin. the oveall team leade and the othe t#o offices assistin( him decided to bin( alon(
also the mone" because at that time it #as alead" da. and the" felt most secued if the"
#ill bin( that because the" mi(ht be suspected also of ta.in( mone" out of those items,
"ou 1ono.
FA+G
Coss-e3amination
Att". Banaa(
O. ;ee "ou pesent #hen the seach #aant in connection #ith this case #as applied befoe
the Municipal Tial Cout of Batan(as, Banch 14
A. Kes, si.
O. And the seach #aant applied fo b" "ou #as fo the seach and sei5ue of five >%? bab"
amalite ifles M-1& and five >%? bo3es of ammunition4
A. Kes, si.
333
AB AM6RE'
O. Befoe "ou applied fo a seach #aant, did "ou conduct suveillance in the house of Miss
Eli5abeth 7imaano4
A. The 2ntelli(ence 6peatives conducted suveillance to(ethe #ith the M'<
elements, "ou 1ono.
O. And this pat" believed thee #ee #eapons deposited in the house of Miss Eli5abeth
7imaano4
A. Kes, "ou 1ono.
O. And the" so s#oe befoe the Municipal Tial Bud(e4
A. Kes, "ou 1ono.
O. But the" did not mention to "ou, the applicant fo the seach #aant, an" othe popeties
o contaband #hich could be found in the esidence of Miss Eli5abeth 7imaano4
A. The" 8ust (ave us still unconfimed epot about some hidden items, fo instance, the
communications e!uipment and mone". 1o#eve, 2 did not include that in the application fo
1%*
seach #aant considein( that #e have not established concete evidence about that. 'o
#henP
O. 'o that #hen "ou applied fo seach #aant, "ou had eason to believe that onl" #eapons
#ee in the house of Miss Eli5abeth 7imaano4
A. Kes, "ou 1ono.
F%*G
333
O. Kou stated that a .A% calibe pistol #as sei5ed alon( #ith one amalite ifle M-1& and ho#
man" ammunition4
A. ,ot", si.
O. And this became the sub8ect of "ou complaint #ith the issuin( Cout, #ith the fiscalWs office
#ho cha(ed Eli5abeth 7imaano fo 2lle(al Possession of ,ieams and Ammunition4
A. Kes, si.
O. 7o "ou .no# #hat happened to that case4
A. 2 thin. it #as dismissed, si.
O. 2n the fiscalWs office4
A. Kes, si.
O. Because the amalite ifle "ou sei5ed, as #ell as the .A% calibe pistol had a Memoandum
Receipt in the name of ,elino Mele(ito, is that not coect4
A. 2 thin. that #as the eason, si.
O. Thee #ee othe aticles sei5ed #hich #ee not included in the seach #aant, li.e fo
instance, 8e#elies. ;h" did "ou sei5e the 8e#elies4
A. 2 thin. it #as the decision of the oveall team leade and his assistant to bin( alon( also the
8e#elies and othe items, si. 2 do not eall" .no# #hee it #as ta.en but the" bou(ht alon(
also these aticles. 2 do not eall" .no# thei eason fo bin(in( the same, but 2 8ust leaned
that these #ee ta.en because the" mi(ht (et lost if the" #ill 8ust leave this behind.
333
O. 1o# about the mone" sei5ed b" "ou aidin( team, the" #ee not also included in the seach
#aant4
A. Kes si, but 2 believe the" #ee also ta.en considein( that the mone" #as discoveed to be
contained in attach] cases. These attach] cases #ee suspected to be containin( pistols o
othe hi(h po#eed fieams, but in the couse of the seach the contents tuned out to be
mone". 'o the team leade also decided to ta.e this considein( that the" believed that if
the" #ill 8ust leave the mone" behind, it mi(ht (et lost also.
O. That holds tue also #ith espect to the othe aticles that #ee sei5ed b" "ou aidin( team,
li.e Tansfe Cetificates of Title of lands4
A. Kes, si. 2 thin. the" #ee contained in one of the vaults that #ee opened.
F%1G
2t is obvious fom the testimon" of Captain 'ebastian that the #aant did not include the monies,
communications e!uipment, 8e#el" and land titles that the aidin( team confiscated. The seach #aant did not
paticulal" descibe these items and the aidin( team confiscated them on its o#n authoit". The aidin( team
had no le(al basis to sei5e these items #ithout sho#in( that these items could be the sub8ect of #aantless
seach and sei5ue.
F%$G
Cleal", the aidin( team e3ceeded its authoit" #hen it sei5ed these items.
The sei5ue of these items #as theefoe void, and unless these items ae contaband per se,
F%@G
and the" ae
not, the" must be etuned to the peson fom #hom the aidin( sei5ed them. 1o#eve, #e do not declae that
such peson is the la#ful o#ne of these items, meel" that the seach and sei5ue #aant could not be used as
1%1
basis to sei5e and #ithhold these items fom the possesso. ;e thus hold that these items should be etuned
immediatel" to 7imaano.
:HEREFORE, the petition fo cetioai is 72'M2''E7. The !uestioned Resolutions of the 'andi(anba"an
dated 1H Novembe 1++1 and $% Mach 1++$ in Civil Case No. **@/, emandin( the ecods of this case to the
6mbudsman fo such appopiate action as the evidence ma" #aant, and efein( this case to the
Commissione of the Bueau of 2ntenal Revenue fo a detemination of an" ta3 liabilit" of espondent Eli5abeth
7imaano, ae A,,2RME7.
SO OR"ERE".
;ellosillo" Austria-Martinez" (orona" (arpio-Morales" (alle*o" 'r. and Azcuna" 66." concu.
>avide" 6r." (.6." in the esult. 2 concu #ith M. Bustice Eitu( in his concuin( opinion.
uno and Vitu)" 66." see sepaate opinion
an)aniban" 6." in the esult.
Fuisumbin) and 'andoval-Gutierrez" 66." on official leave.
9nares-'antia)o" 6." in the esult. 2 concu in the sepaate opinion of B. Re"nato Puno.
8in)a" 6." sepaate opinion eseved.
EN BANC
?G.R. No'. 146)1*-1+. M$rc1 2, 2**1@
.OSEPH E. ESTR!"!, petitioner, !s. !N!NO "ESERTO, %& 1%' c$#$c%t2 $' O9b,/'9$&, R!MON
GON(!LES, 7OLUNTEERS !G!NST CRME !N" CORRUPTON, GR!FT FREE PHLPPNES
FOUN"!TON, NC., LEON!R" "E 7ER!, "ENNS FUN!, ROMEO C!PULONG $&/ ERNESTO 0.
FR!NCSCO, .R., respondent.
?G.R. No. 146)38. M$rc1 2, 2**1@
.OSEPH E. ESTR!"!, petitioner, !s. GLOR! M!C!P!G!L-!RRO;O, respondent.
" E C S O N
PUNO, J.A
6n the line in the cases at ba is the office of the Pesident. Petitione Boseph E8ecito Estada alle(es that
he is the Pesident on leave #hile espondent -loia Macapa(al-Ao"o claims she is the Pesident. The #ain(
pesonalities ae impotant enou(h but moe tanscendental ae the constitutional issues embedded on the
patiesW dispute. ;hile the si(nificant issues ae man", the 8u(ula issue involves the elationship bet#een the
ule and the uled in a democac", Philippine st"le.
,ist, #e ta.e a vie# of the panoama of events that pecipitated the cisis in the office of the Pesident.
2n the Ma" 11, 1++H elections, petitione Boseph E8ecito Estada #as elected Pesident #hile espondent
-loia Macapa(al-Ao"o #as elected Eice-Pesident. 'ome >1*? million ,ilipinos voted fo the petitione
believin( he #ould escue them fom lifeWs advesit". Both petitione and the espondent #ee to seve a si3-"ea
tem commencin( on Bune @*, 1++H.
1%$
,om the be(innin( of his tem, ho#eve, petitione #as pla(ued b" a plethoa of poblems that slo#l" but
suel" eoded his populait". 1is shap descent fom po#e stated on 6ctobe A, $***. 2locos 'u -ovenos,
=uis XChavitY 'in(son, a lon(time fiend of the petitione, #ent on ai and accused the petitione, his famil" and
fiends of eceivin( millions of pesos fom *ueten) lods.
F1G
The e3pos] immediatel" i(nited eactions of a(e. The ne3t da", 6ctobe %, $***, 'enato Teofisto
-uin(ona B, then the 'enate Minoit" =eade, too. the floo and deliveed a fie" pivile(e speech entitled X2
Accuse.Y 1e accused the petitione of eceivin( some P$$* million in *ueten) mone" fom -oveno 'in(son fom
Novembe 1++H to Au(ust $***. 1e also cha(ed that the petitione too. fom -oveno 'in(son P/* million on
e3cise ta3 on ci(aettes intended fo 2locos 'u. The pivile(e speech #as efeed b" then 'enate Pesident
,an.lin 7ilon, to the Blue Ribbon Committee >then headed b" 'enato A!uilino Pimentel? and the Committee on
Bustice >then headed b" 'enato Renato Ca"etano? fo 8oint investi(ation.
F$G
The 1ouse of Repesentatives did no less. The 1ouse Committee on Public 6de and 'ecuit", then
headed b" Repesentative Roilo -ole5, decided to investi(ate the e3pos] of -oveno 'in(son. 6n the othe
hand, Repesentatives 1eheson Alvae5, Enesto 1eea and Michael 7efenso speaheaded the move to
impeach the petitione.
Calls fo the esi(nation of the petitione filled the ai. 6n 6ctobe 11, Achbishop Baime Cadinal 'in issued
a pastoal statement in behalf of the Pesb"teal Council of the Achdiocese of Manila, as.in( petitione to step
do#n fom the pesidenc" as he had lost the moal authoit" to (oven.
F@G
T#o da"s late o on 6ctobe 1@, the
Catholic Bishops Confeence of the Philippines 8oined the c" fo the esi(nation of the petitione.
FAG
,ou da"s
late, o on 6ctobe 1/, fome Pesident Coa5on C. A!uino also demanded that the petitione ta.e the Xsupeme
self-sacificeY of esi(nation.
F%G
,ome Pesident ,idel Ramos also 8oined the chous. Eal" on, o on 6ctobe 1$,
espondent Ao"o esi(ned as 'eceta" of the 7epatment of 'ocial ;elfae and 'evices
F&G
and late as.ed fo
petitioneWs esi(nation.
F/G
1o#eve, petitione stenuousl" held on to his office and efused to esi(n.
The heat #as on. 6n Novembe 1, fou >A? senio economic advises, membes of the Council of 'enio
Economic Advises, esi(ned. The" #ee Baime Au(usto Jobel de A"ala, fome Pime Ministe Cesa Eiata,
fome 'enato Eicente Pateno and ;ashin(ton '"cip.
FHG
6n Novembe $, 'eceta" Ma Ro3as 22 also esi(ned
fom the 7epatment of Tade and 2ndust".
F+G
6n Novembe @, 'enate Pesident ,an.lin 7ilon, and 1ouse
'pea.e Manuel Eilla, to(ethe #ith some A/ epesentatives defected fom the ulin( coalition, =apian n(
Masan( Pilipino.
F1*G
The month of Novembe ended #ith a bi( ban(. 2n a tumultuous session on Novembe 1@, 1ouse 'pea.e
Eilla tansmitted the Aticles of 2mpeachment
F11G
si(ned b" 11% epesentatives, o moe than 1L@ of all the
membes of the 1ouse of Repesentatives to the 'enate. This caused political convulsions in both houses of
Con(ess. 'enato 7ilon #as eplaced b" 'enato Pimentel as 'enate Pesident. 'pea.e Eilla #as unseated
b" Repesentative ,uentabella.
F1$G
6n Novembe $*, the 'enate fomall" opened the impeachment tial of the
petitione. T#ent"-one >$1? senatos too. thei oath as 8ud(es #ith 'upeme Cout Chief Bustice 1ilaio -.
7avide, B., pesidin(.
F1@G
The political tempeatue ose despite the cold 7ecembe. 6n 7ecembe /, the impeachment tial stated.
F1AG
the battle o"ale #as fou(ht b" some of the ma!uee names in the le(al pofession. 'tandin( as posecutos
#ee then 1ouse Minoit" ,loo =eade ,eliciano Belmonte and Repesentatives Bo.e Ao"o, ;i(beto TaNada,
'e(io Apostol, Raul -on5ales, 6sca Moeno, 'alacnib Bateina, Roan =ibaios, 6sca Rodi(ue5, Clavel
Matine5 and Antonio Nachua. The" #ee assisted b" a batte" of pivate posecutos led b" no# 'eceta" of
Bustice 1enando Pee5 and no# 'olicito -eneal 'imeon Macelo. 'evin( as defense counsel #ee fome
Chief Bustice Andes Navasa, fome 'olicito -eneal and 'eceta" of Bustice Estelito P. Mendo5a, fome Cit"
,iscal of Manila Bose ,lamiano, fome 7eput" 'pea.e of the 1ouse Raul 7a5a, Att". 'ie(fied ,otun and his
bothe, Att". Ra"mund ,otun. The da" to da" tial #as coveed b" live TE and duin( its couse en8o"ed the
hi(hest vie#in( atin(. 2ts hi(h and lo# points #ee the constant convesational piece of the chattein(
classes. The damatic point of the 7ecembe heain(s #as the testimon" of Claissa 6campo, senio vice
pesident of E!uitable-PC2 Ban.. 'he testified that she #as one foot a#a" fom petitione Estada #hen he
affi3ed the si(natue XBose EeladeY on documents involvin( a P%** million investment a(eement #ith thei ban.
on ,ebua" A, $***.
F1%G
1%@
Afte the testimon" of 6campo, the impeachment tial #as ad8ouned in the spiit of Chistmas. ;hen it
esumed on Banua" $, $**1, moe bombshells #ee e3ploded b" the posecution. 6n Banua" 11, Att". Ed(ado
Espiitu #ho seved as petitioneWs 'eceta" of ,inance too. the #itness stand. 1e alle(ed that the petitione
8ointl" o#ned B; Resouces Copoation #ith M. 7ante Tan #ho #as facin( cha(es of inside tadin(.
F1&G
Then
came the fateful da" of Banua" 1&, #hen b" a vote of 11-1*
F1/G
the senato-8ud(es uled a(ainst the openin( of the
second envelop #hich alle(edl" contained evidence sho#in( that petitione held P@.@ billion in a secet ban.
account unde the name XBose Eelade.Y The public and pivate posecutos #al.ed out in potest of the ulin(. 2n
dis(ust, 'enato Pimentel esi(ned as 'enate Pesident.
F1HG
The ulin( made at 1*0** p.m. #as met b" a
spontaneous outbust of an(e that hit the steets of the metopolis. B" midni(ht, thousands had assembled at
the E7'A 'hine and speeches full of sulphu #ee deliveed a(ainst the petitione and the eleven >11? senatos.
6n Banua" 1/, the public posecutos submitted a lette to 'pea.e ,uentebella tendein( thei collective
esi(nation. The" also filed thei Manifestation of ;ithda#al of Appeaance #ith the impeachment tibunal.
F1+G
'enato Raul Roco !uic.l" moved fo the indefinite postponement of the impeachment poceedin(s until the
1ouse of Repesentatives shall have esolved the issue of esi(nation of the public posecutos. Chief Bustice
7avide (anted the motion.
F$*G
Banua" 1H sa# the hi(h velocit" intensification of the call fo petitioneWs esi(nation. A 1*-.ilomete line of
people holdin( li(hted candles fomed a human chain fom the Nino" A!uino Monument on A"ala Avenue in
Ma.ati Cit" to the E7'A 'hine to s"mboli5e the peopleWs solidait" in demandin( petitioneWs
esi(nation. 'tudents and teaches #al.ed out of thei classes in Meto Manila to sho# thei
concodance. 'pea.es in the continuin( allies at the E7'A 'hine, all mastes of the ph"sics of pesuasion,
attacted moe and moe people.
F$1G
6n Banua" 1+, the fall fom po#e of the petitione appeaed inevitable. At 10$* p.m., the petitione infomed
E3ecutive 'eceta" Ed(ado An(aa that -eneal An(elo Re"es, Chief of 'taff of the Amed ,oces of the
Philippines, had defected. At $0@* p.m., petitione a(eed to the holdin( of a snap election fo Pesident #hee he
#ould not be a candidate. 2t did not diffuse the (o#in( cisis. At @0** p.m., 'eceta" of National 7efense
6lando Mecado and -eneal Re"es, to(ethe #ith the chiefs of all the amed sevices #ent to the E7'A 'hine.
F$$G
2n the pesence of fome Pesidents A!uino and Ramos and hundeds of thousands of cheein(
demonstatos, -eneal Re"es declaed that Xon behalf of "ou Amed ,oces, the 1@*,*** ston( membes of the
Amed ,oces, #e #ish to announce that #e ae #ithda#in( ou suppot to this (ovenment.Y
F$@G
A little late, PNP
Chief, 7iecto -eneal Panfilo =acson and the ma8o sevice commandes (ave a simila stunnin(
announcement.
F$AG
'ome Cabinet secetaies, undesecetaies, assistant secetaies, and bueau chiefs !uic.l"
esi(ned fom thei posts.
F$%G
Rallies fo the esi(nation of the petitione e3ploded in vaious pats of the
count". To stem the tide of a(e, petitione announced he #as odein( his la#"es to a(ee to the openin( of
the hi(hl" contovesial second envelop.
F$&G
Thee #as no tunin( bac. the tide. The tide had become a tsunami.
Banua" $* tuned to be the da" of suende. At 1$0$* a.m., the fist ound of ne(otiations fo the peaceful
and odel" tansfe of po#e stated at MalacaNan(Ws Mabini 1all, 6ffice of the E3ecutive 'eceta". 'eceta"
Ed(ado An(aa, 'enio 7eput" E3ecutive 'eceta" Ramon Ba(atsin(, Political Advise An(elito Bana"o, Asst.
'eceta" Bo"in( Remulla, and Att". Macel ,enande5, head of the pesidential Mana(ement 'taff, ne(otiated fo
the petitione. Respondent Ao"o #as epesented b" no# E3ecutive 'eceta" Renato de Eilla, no# 'eceta"
of ,inance Albeto Romulo and no# 'eceta" of Bustice 1enando Pee5.
F$/G
6utside the palace, thee #as a bief
encounte at Mendiola bet#een po and anti-Estada potestes #hich esulted in stone-tho#in( and caused
mino in8uies. The ne(otiations consumed all monin( until the ne#s bo.e out that Chief Bustice 7avide #ould
administe the oath to espondent Ao"o at hi(h noon at the E7'A 'hine.
At about 1$0** noon, Chief Bustice 7avide administeed the oath to espondent Ao"o as Pesident of the
Philippines.
F$HG
At $0@* p.m., petitione and his famil" huiedl" left MalacaNan( Palace.
F$+G
1e issued the follo#in(
pess statement0
F@*G
X$* Banua" $**1
'TATEMENT ,R6M
PRE'27ENT B6'EP1 EBERC2T6 E'TRA7A
1%A
At t#elve oWcloc. noon toda", Eice Pesident -loia Macapa(al-Ao"o too. he oath as Pesident of the Republic
of the Philippines. ;hile alon( #ith man" othe le(al minds of ou count", 2 have ston( and seious doubts
about the le(alit" and constitutionalit" of he poclamation as Pesident, 2 do not #ish to be a facto that #ill
pevent the estoation of unit" and ode in ou civil societ".
2t is fo this eason that 2 no# leave MalacaNan( Palace, the seat of the pesidenc" of this count", fo the sa.e of
peace and in ode to be(in the healin( pocess of ou nation. 2 leave the Palace of ou people #ith (atitude fo
the oppotunities (iven to me fo sevice to ou people. 2 #ill not shi. fom an" futue challen(es that ma" come
ahead in the same sevice of ou count".
2 call on all m" suppotes and follo#es to 8oin me in the pomotion of a constuctive national spiit of
econciliation and solidait".
Ma" the Almi(ht" bless ou count" and beloved people.
MAB<1AKV
>'(d.? B6'EP1 EBERC2T6 E'TRA7AY
2t also appeas that on the same da", Banua" $*, $**1, he si(ned the follo#in( lette0
F@1G
X'i0
B" vitue of the povisions of 'ection 11, Aticle E22 of the Constitution, 2 am heeb" tansmittin( this declaation
that 2 am unable to e3ecise the po#es and duties of m" office. B" opeation of la# and the Constitution, the
Eice-Pesident shall be the Actin( Pesident.
>'(d.? B6'EP1 EBERC2T6 E'TRA7AY
A cop" of the lette #as sent to fome 'pea.e ,uentebella at H0@* a.m., on Banua" $*.
F@$G
Anothe cop" #as
tansmitted to 'enate Pesident Pimentel on the same da" althou(h it #as eceived onl" at +0** p.m.
F@@G
6n Banua" $$, the Monda" afte ta.in( he oath, espondent Ao"o immediatel" discha(ed the po#es and
duties of the Pesidenc". 6n the same da", this Cout issued the follo#in( Resolution in Administative Matte
No. *1-1-*%-'C, to #it0
XA.M. No. *1-1-*%-'C M 2n e0 Re!uest of Eice Pesident -loia Macapa(al-Ao"o to Ta.e he 6ath of 6ffice as
Pesident of the Republic of the Philippines befoe the Chief Bustice M Actin( on the u(ent e!uest of Eice-
Pesident -loia Macapa(al-Ao"o to be s#on in as Pesident of the Republic of the Philippines, addessed to
the Chief Bustice and confimed b" a lette to the Cout, dated Banua" $*, $**1, #hich e!uest #as teated as an
administative matte, the cout Resolved unanimousl" to confim the authoit" (iven b" the t#elve >1$? membes
of the Cout then pesent to the Chief Bustice on Banua" $*, $**1 to administe the oath of office to Eice
Pesident -loia Macapa(al-Ao"o as Pesident of the Philippines, at noon of Banua" $*, $**1.
This esolution is #ithout pe8udice to the disposition of an" 8usticiable case that ma"be filed b" a pope pat".Y
Respondent Ao"o appointed membes of he Cabinet as #ell as ambassados and special envo"s.
F@AG
Reco(nition of espondent Ao"oWs (ovenment b" foei(n (ovenments s#iftl" follo#ed. 6n Banua" $@, in a
eception ovin dQ honneur at MalacaNan(, led b" the 7ean of the 7iplomatic Cops, Papal Nuncio Antonio
,anco, moe than a hunded foei(n diplomats eco(ni5ed the (ovenment of espondent Ao"o.
F@%G
<' Pesident
-eo(e ;. Bush (ave the espondent a telephone call fom the ;hite 1ouse conve"in( <' eco(nition of he
(ovenment.
F@&G
1%%
6n Banua" $A, Repesentative ,eliciano Belmonte #as elected ne# 'pea.e of the 1ouse of
Repesentatives.
F@/G
The 1ouse then passed Resolution No. 1/% Xe3pessin( the full suppot of the 1ouse of
Repesentatives to the administation of 1e E3cellenc" -loia Macapa(al-Ao"o, Pesident of the
Philippines.Y
F@HG
2t also appoved Resolution No. 1/& Xe3pessin( the suppot of the 1ouse of Repesentatives to
the assumption into office b" Eice Pesident -loia Macapa(al-Ao"o as Pesident of the Republic of the
Philippines, e3tendin( its con(atulations and e3pessin( its suppot fo he administation as a patne in the
attainment of the nationWs (oals unde the Constitution.Y
F@+G
6n Banua" $&, the espondent si(ned into la# the 'olid ;aste Mana(ement Act.
FA*G
A fe# da"s late, she
also si(ned into la# the Political Advetisin( Ban and ,ai Election Pactices Act.
FA1G
6n ,ebua" &, espondent Ao"o nominated 'enato Teofisto -uin(ona, B., as he Eice Pesident.
FA$G
the
ne3t da", ,ebua" /, the 'enate adopted Resolution No. H$ confimin( the nomination of 'enato -uin(ona, B.
FA@G
'enatos Miiam 7efenso-'antia(o, Buan Ponce Enile, and Bohn 6smeNa voted X"esY #ith esevations, citin(
as eason theefoe the pendin( challen(e on the le(itimac" of espondent Ao"oWs pesidenc" befoe the
'upeme Cout. 'enatos Teesa A!uino-6eta and Robet Babes #ee absent.
FAAG
The 1ouse of
Repesentatives also appoved 'enato -uin(onaWs nomination in Resolution No. 1/H.
FA%G
'enato -uin(ona too.
his oath as Eice Pesident t#o >$? da"s late.
FA&G
6n ,ebua" /, the 'enate passed Resolution No. H@ declain( that the impeachment cout is functus
officio and has been teminated.
FA/G
'enato Miiam 7efenso-'antia(o stated Xfo the ecodY that she voted
a(ainst the closue of the impeachment cout on the (ounds that the 'enate had failed to decide on the
impeachment case and that the esolution left open the !uestion of #hethe Estada #as still !ualified to un fo
anothe elective post.
FAHG
Mean#hile, in a suve" conducted b" Pulse Asia, Pesident Ao"oWs public acceptance atin( 8ac.ed up fom
1&U on Banua" $*, $**1 to @HU on Banua" $&, $**1.
FA+G
2n anothe suve" conducted b" the AB'-CBNL';'
fom ,ebua" $-/, $**1, esults sho#ed that &1U of the ,ilipinos nation#ide accepted Pesident Ao"o as
eplacement of petitione Estada. The suve" also evealed that Pesident Ao"o is accepted b" &*U in Meto
Manila, b" also &*U in the balance of =u5on, b" /1U in the Eisa"as, and %%U in Mindanao. 1e tust atin(
inceased to %$U. 1e pesidenc" is accepted b" ma8oities in all social classes0
%HU in the ABC o middle-to-uppe classes, &AU in the 7 o mass, and %AU amon( the EWs o ve" poo
class.
F%*G
Afte his fall fom the pedestal of po#e, the petitioneWs le(al poblems appeaed in clustes. 'eveal cases
peviousl" filed a(ainst him in the 6ffice of the 6mbudsman #ee set in motion. These ae0 >1? 6MB Case No. *-
**-1&$+, filed b" Ramon A. -on5ales on 6ctobe $@, $*** fo bibe" and (aft and couptionI >$? 6MB Case
No. *-**-1/%A filed b" the Eoluntees A(ainst Cime and Couption on Novembe 1/, $*** fo plunde, fofeitue,
(aft and couption, bibe", pe8u", seious misconduct, violation of the Code of Conduct fo (ovenment
Emplo"ees, etcI >@? 6MB Case No. *-**-1/%% filed b" the -aft ,ee Philippines ,oundation, 2nc. on Novembe
$A, $*** fo plunde, fofeitue, (aft and couption, bibe", pe8u", seious misconductI >A? 6MB Case No. *-**-
1/%& filed b" Romeo Capulon(, et al., on Novembe $H, $*** fo malvesation of public funds, ille(al use of public
funds and popet", plunde, etc., >%? 6MB Case No. *-**-1/%/ filed b" =eonad de Eea, et al., on Novembe $H,
$*** fo bibe", plunde, indiect bibe", violation of P7 1&*$, P7 1H$+, P7 A&, and RA /*H*I and >&? 6MB
Case No. *-**-1/%H filed b" Enesto B. ,ancisco, B. on 7ecembe A, $*** fo plunde, (aft and couption.
A special panel of investi(atos #as foth#ith ceated b" the espondent 6mbudsman to investi(ate the
cha(es a(ainst the petitione. 2t is chaied b" 6veall 7eput" 6mbudsman Ma(aito P. -evasio #ith the
follo#in( as membes, viz0 7iecto Ande# Amu"utan, Posecuto Pela"o Apostol, Att". Bose de Besus and Att".
Emmanuel =aueso. 6n Banua" $$, the panel issued an 6de diectin( the petitione to file his counte-affidavit
and the affidavits of his #itnesses as #ell as othe suppotin( documents in ans#e to the afoementioned
complaints a(ainst him.
Thus, the sta(e fo the cases at ba #as set. 6n ,ebua" %, petitione filed #ith this Cout -R No. 1A&/1*-
1%, a petition fo pohibition #ith a pa"e fo a #it of pelimina" in8unction. 2t sou(ht to en8oin the espondent
6mbudsman fom Xconductin( an" futhe poceedin(s in Case Nos. 6MB *-**-1&$+, 1/%A, 1/%%, 1/%&, 1/%/
and 1/%H o in an" othe ciminal complaint that ma" be filed in his office, until afte the tem of petitione as
1%&
Pesident is ove and onl" if le(all" #aanted.Y Thu anothe counsel, petitione, on ,ebua" &, filed -R No.
1A&/@H fo Ouo ;aanto. 1e pa"ed fo 8ud(ment Xconfimin( petitione to be the la#ful and incumbent
Pesident of the Republic of the Philippines tempoail" unable to discha(e the duties of his office, and declain(
espondent to have ta.en he oath as and to be holdin( the 6ffice of the Pesident, onl" in an actin( capacit"
pusuant to the povisions of the Constitution.Y Actin( on -R Nos. 1A&/1*-1%, the Cout, on the same da",
,ebua" &, e!uied the espondents Xto comment theeon #ithin a non-e3tendible peiod e3piin( on 1$
,ebua" $**1.Y 6n ,ebua" 1@, the Cout odeed the consolidation of -R Nos. 1A&/1*-1% and -R No. 1A&/@H
and the filin( of the espondentsW comments Xon o befoe H0** a.m. of ,ebua" 1%.Y
6n ,ebua" 1%, the consolidated cases #ee oall" a(ued in a fou-hou heain(. Befoe the heain(, Chief
Bustice 7avide, B.,
F%1G
and Associate Bustice Atemio Pan(aniban
F%$G
ecused themselves on motion of petitioneWs
counsel, fome 'enato Rene A. 'a(uisa(. The" debun.ed the cha(e of counsel 'a(uisa( that the" have
Xcompomised themselves b" indicatin( that the" have tho#n thei #ei(ht on one sideY but nonetheless inhibited
themselves. Theeafte, the paties #ee (iven the shot peiod of five >%? da"s to file thei memoanda and t#o >$?
da"s to submit thei simultaneous eplies.
2n a esolution dated ,ebua" $*, actin( on the u(ent motion fo copies of esolution and pess statement
fo X-a( 6deY on espondent 6mbudsman filed b" counsel fo petitione in -.R. No. 1A&/@H, the Cout esolved0
X>1? to infom the paties that the Cout did not issue a esolution on Banua" $*, $**1 declain( the office of the
Pesident vacant and that neithe did the Chief Bustice issue a pess statement 8ustif"in( the alle(ed esolutionI
>$? to ode the paties and especiall" thei counsel #ho ae offices of the Cout unde pain of bein( cited fo
contempt to efain fom ma.in( an" comment o discussin( in public the meits of the cases at ba #hile the" ae
still pendin( decision b" the Cout, and
>@? to issue a @*-da" status !uo ode effective immediatel" en8oinin( the espondent 6mbudsman fom esolvin(
o decidin( the ciminal cases pendin( investi(ation in his office a(ainst petitione Boseph E. Estada and sub8ect
of the cases at ba, it appeain( fom ne#s epots that the espondent 6mbudsman ma" immediatel" esolve the
cases a(ainst petitione Boseph E. Estada seven >/? da"s afte the heain( held on ,ebua" 1%, $**1, #hich
action #ill ma.e the cases at ba moot and academic.Y
F%@G
The paties filed thei eplies on ,ebua" $A. 6n this date, the cases at ba #ee deemed submitted fo
decision.
The bedoc. issues fo esolution of this Cout ae0

;hethe the petitions pesent a 8usticiable contoves".

Assumin( that the petitions pesent a 8usticiable contoves", #hethe petitione Estada is a Pesident on leave
#hile espondent Ao"o is an Actin( Pesident.

;hethe conviction in the impeachment poceedin(s is a condition pecedent fo the ciminal posecution of
petitione Estada. 2n the ne(ative and on the assumption that petitione is still Pesident, #hethe he is immune
fom ciminal posecution.
7
;hethe the posecution of petitione Estada should be en8oined on the (ound of pe8udicial publicit".
1%/
;e shall discuss the issues in seriatim.

:1et1er or &ot t1e c$'e' $t b$r %&3o63e $ #o6%t%c$6 I,e't%o&

Pivate espondents
F%AG
aise the theshold issue that the cases at ba pose a political !uestion, and hence,
ae be"ond the 8uisdiction of this Cout to decide. The" contend that shon of its emboideies, the cases at ba
assail the Xle(itimac" of the Ao"o administation.Y The" stess that espondent Ao"o ascended the pesidenc"
thou(h people po#eI that she has alead" ta.en he oath as the 1A
th
Pesident of the RepublicI that she has
e3ecised the po#es of the pesidenc" and that she has been eco(ni5ed b" foei(n (ovenments. The" submit
that these ealities on (ound constitute the political thic.et #hich the Cout cannot ente.
;e e8ect pivate espondentsW submission. To be sue, couts hee and aboad, have tied to lift the shoud
on political !uestion but its e3act latitude still splits the best of le(al minds. 7eveloped b" the couts in the
$*
th
centu", the political !uestion doctine #hich ests on the pinciple of sepaation of po#es and on pudential
consideations, continue to be efined in the mills constitutional la#.
F%%G
2n the <nited 'tates, the most authoitative
(uidelines to detemine #hethe a !uestion is political #ee spelled out b" M. Bustice Bennan in the 1+&$ case
of 0$Eer 3. C$rr,
F%&G
viz0
X3 3 3 Pominent on the suface on an" case held to involve a political !uestion is found a te3tuall" demonstable
constitutional commitment of the issue to a coodinate political depatment o a lac. of 8udiciall" discoveable and
mana(eable standads fo esolvin( it, o the impossibilit" of decidin( #ithout an initial polic" detemination of a
.ind cleal" fo non8udicial discetionsI o the impossibilit" of a coutWs undeta.in( independent esolution #ithout
e3pessin( lac. of the espect due coodinate banches of (ovenmentI o an unusual need fo un!uestionin(
adheence to a political decision alead" madeI o the potentialit" of embaassment fom multifaious
ponouncements b" vaious depatments on !uestion. <nless one of these fomulations is ine3ticable fom the
case at ba, thee should be no dismissal fo non 8usticiabilit" on the (ound of a political !uestionWs
pesence. The doctine of #hich #e teat is one of Zpolitical !uestionsW, not of Zpolitical casesW.Y
2n the Philippine settin(, this Cout has been continuousl" confonted #ith cases callin( fo a fime
delineation of the inne and oute peimetes of a political !uestion.
F%/G
6u leadin( case is T$&$/$ 3. C,e&co,
F%HG
#hee this Cout, thou(h fome Chief Bustice Robeto Concepcion, held that political !uestions efe Xto those
!uestions #hich, unde the Constitution, ae to be /ec%/e/ b2 t1e #eo#6e in thei soveei(n capacit", o in e(ad
to #hich 4,66 /%'cret%o&$r2 $,t1or%t2 has been dele(ated to the le(islative o e3ecutive banch of the
(ovenment. 2t is concened #ith issues dependent upon the D%'/o9, not 6e-$6%t2 of a paticula measue.Y To a
(eat de(ee, the 1+H/ Constitution has nao#ed the each of the political !uestion doctine #hen it e3panded
the po#e of 8udicial evie# of this co,rt not onl" to settle actual contovesies involvin( i(hts #hich ae le(all"
demandable and enfoceable b,talso to /eter9%&e D1et1er or &ot t1ere has been a (ave abuse of discetion
amountin( to lac. o e3cess of 8uisdiction on the pat of an" banch o instumentalit" of (ovenment.
F%+G
1eetofoe, the 8udicia" has focused on the Xthou shalt notWsY of the Constitution diected a(ainst the e3ecise
of its 8uisdiction.
F&*G
;ith the ne# povision, ho#eve, couts ae (iven a (eate peo(ative to detemine #hat it
can do to pevent (ave abuse of discetion amountin( to lac. o e3cess of 8uisdiction on the pat of an" banch
o instumentalit" of (ovenment. C6e$r62, t1e &eD #ro3%'%o& /%/ &ot F,'t -r$&t t1e Co,rt #oDer o4 /o%&-
&ot1%&-. 2n s"nc and s"mmet" #ith this intent ae othe povisions of the 1+H/ Constitution timmin( the so
called political thic.et. Pominent of these povisions is section 1H of Aticle E22 #hich empo#es this Cout in
limpid lan(ua(e to X3 3 3 evie#, in an appopiate poceedin( filed b" an" citi5en, the sufficienc" of the factual
basis of the poclamation of matial la# o the suspension of the pivile(e of the #it >of habeas copus? o the
e3tension theeof 3 3 3.Y
Respondents el" on the case of L$D2er' Le$-,e 4or $ 0etter P1%6%##%&e' $&/Por O6%3er !. Lo5$&o 3.
Pre'%/e&t Cor$5o& C. !I,%&o, et $6.
F&1G
and elated cases
F&$G
to suppot thei thesis that since the cases at ba
involve the le(itimac" of the (ovenment of espondent Ao"o, e(o, the" pesent a political !uestion. A moe
ceebal eadin( of the cited cases #ill sho# that the" ae inapplicable. 2n the cited cases, #e held that the
1%H
(ovenment of fome Pesident A!uino #as the esult of a successful evolution b" the soveei(n people, albeit a
peaceful one. No less than the ,eedom Constitution
F&@G
declaed that the A!uino (ovenment #as installed
thou(h a diect e3ecise of the po#e of the ,ilipino people X%& /e4%$&ce o4 t1e #ro3%'%o&' o4 t1e 19)3
Co&'t%t,t%o&, $' $9e&/e/.Y 2t is familia leanin( that the le(itimac" of a (ovenment sied b" a successful
evolution b" people po#e is be"ond 8udicial scutin" fo that (ovenment automaticall" obits out of the
constitutional loop. 2n chec.eed contast, t1e -o3er&9e&t o4 re'#o&/e&t !rro2o %' &ot re3o6,t%o&$r2 %&
c1$r$cter. The oath that she too. at the E7'A 'hine is the oath unde the 1+H/ Constitution.
F&AG
& 1er o$t1,
'1e c$te-or%c$662 'Dore to #re'er3e $&/ /e4e&/ t1e 198) Co&'t%t,t%o&. 2ndeed, she has stessed that she is
discha(in( the po#es of the pesidenc" unde the authoit" of the 1+H/ Constitution.
2n fine, the 6e-$6 /%'t%&ct%o& bet#een E7'A People Po#e 2 and E7'A People Po#e 22 is clea. E"S!
involves the e3ecise of the #eo#6e #oDer o4 re3o6,t%o& #hich o3ert1reD t1e D1o6e -o3er&9e&t. E"S! is
an e3ecise of #eo#6e #oDer o4 4ree/o9 o4 '#eec1 $&/ 4ree/o9 o4 $''e9b62 to #et%t%o& t1e -o3er&9e&t 4or
re/re'' o4 -r%e3$&ce' #hich o&62 $44ecte/ t1e o44%ce o4 t1e Pre'%/e&t. E"S! %' eBtr$ co&'t%t,t%o&$6 and
the le(itimac" of the ne# (ovenment that esulted fom it cannot be the sub8ect of 8udicial evie#, but E"S! %'
%&tr$ co&'t%t,t%o&$6 and the esi(nation of the sittin( Pesident that it caused and the succession of the Eice
Pesident as Pesident ae sub8ect to 8udicial evie#. E"S! #re'e&te/ #o6%t%c$6 I,e't%o&H E"S! %&3o63e'
6e-$6 I,e't%o&'. A bief discouse on feedom of speech and of the feedom of assembl" to petition the
(ovenment fo edess of (ievance #hich ae the c,tt%&- e/-e o4 E"S! Peo#6e PoDer is not inappopiate.
,eedom of speech and the i(ht of assembl" ae teasued b" ,ilipinos. 7enial of these i(hts #as one of
the easons of ou 1H+H evolution a(ainst 'pain. 6u national heo, Bose P. Ri5al" aised the claion call fo the
eco(nition of feedom of the pess of the ,ilipinos and included it as amon( Xthe efoms sine 2uibus
non.Y
F&%G
The M$6o6o' Co&'t%t,t%o&, #hich is the #o. of the evolutiona" Con(ess in 1H+H, povided in its Bill of
Ri(hts that ,ilipinos shall not be depived >1? of the i(ht to feel" e3pess his ideas o opinions, oall" o in #itin(,
thou(h the use of the pess o othe simila meansI >$? of the i(ht of association fo puposes of human life and
#hich ae not conta" to public meansI and >@? of the i(ht to send petitions to the authoities, individuall" o
collectivel".Y T1e'e 4,&/$9e&t$6 r%-1t' Dere #re'er3e/ D1e& t1e U&%te/ St$te' $cI,%re/ F,r%'/%ct%o& o3er
t1e P1%6%##%&e'. 2n the instuction to the 'econd Philippine Commission of Apil /, 1+** issued b" Pesident
Mc9inle", it is specificall" povided Xthat no la# shall be passed abid(in( the feedom of speech o of the pess
o of the i(hts of the people to peaceabl" assemble and petition the -ovenment fo edess of (ievances.Y The
(uaant" #as caied ove in the Philippine Bill, the Act of Con(ess of Bul" 1, 1+*$ and the Bones =a#, the Act of
Con(ess of Au(ust $+, 1+&&.
F&&G
Thence on, the (uaant" #as set in stone in ou 193+ Co&'t%t,t%o&,
F&/G
$&/ t1e 19)3
F&HG
Co&'t%t,t%o&. These
i(hts ae no# safel" ensconced in section A, Aticle 222 of the 1+H/ Constitution, vizD
X'ec. A. No la# shall be passed abid(in( the feedom of speech, of e3pession, o of the pess, o the i(ht of the
people peaceabl" to assemble and petition the (ovenment fo edess of (ievances.Y
The indispensabilit" of the peopleWs feedom of speech and of assembl" to democac" is no# self-
evident. The easons ae #ell put b" Emeson0 fist, feedom of e3pession is essential as a means of assuin(
individual fulfillmentI second, it is an essential pocess fo advancin( .no#led(e and discovein( tuthI thid, it is
essential to povide fo paticipation in decision-ma.in( b" all membes of societ"I and fouth, it is a method of
achievin( a moe adaptable and hence, a moe stable communit" of maintainin( the pecaious balance bet#een
health" cleava(e and necessa" consensus.Y
F&+G
& t1%' 'e&'e, 4ree/o9 o4 '#eec1 $&/ o4 $''e9b62 #ro3%/e' $
4r$9eDorE %& D1%c1 t1e Qco&46%ct &ece''$r2 to t1e #ro-re'' o4 $ 'oc%et2 c$& t$Ee #6$ce D%t1o,t /e'tro2%&-
t1e 'oc%et2.R
F/*G
2n H$-,e 3. Co99%ttee 4or &/,'tr%$6 Or-$&%5$t%o&,
F/1G
this function of fee speech and
assembl" #as echoed in the amicus curiae bief filed b" the Bill of Ri(hts Committee of the Ameican Ba
Association #hich emphasi5ed that Xthe basis of the i(ht of assembl" is the substitution of the e3pession of
opinion and belief b" t$6E r$t1er t1$& 4orceH and this means t$6E 4or $66 $&/ b2 $66.R
F/$G
2n the elativel"rece&t
c$'e o4 S,b$2co !. S$&/%-$&b$2$&,
F/@G
this Cout similal" stessed that )... it should be clea even to those #ith
intellectual deficits that #hen the soveei(n people assemble to petition fo edess of (ievances, all should
listen. For %& $ /e9ocr$c2, %t %' t1e #eo#6e D1o co,&tH t1o'e D1o $re /e$4 to t1e%r -r%e3$&ce' $re c%#1er'.R
Needless to state, the cases at ba pose le(al and not political !uestions. The pincipal issues fo esolution
e!uie the pope intepetation of cetain povisions in the 1+H/ Constitution, notabl" section 1 of Aticle 22,
F/AG
and
1%+
section H
F/%G
of Aticle E22, and the allocation of (ovenmental po#es unde section 11
F/&G
of Aticle E22. The issues
li.e#ise call fo a ulin( on the scope of pesidential immunit" fom suit. The" also involve the coect calibation
of the i(ht of petitione a(ainst pe8udicial publicit". As eal" as the 1H*@ case of M$rb,r2 3. M$/%'o&,
F//G
the
doctine has been laid do#n that X %t %' e9#1$t%c$662 t1e #ro3%&ce $&/ /,t2 o4 t1e F,/%c%$6 /e#$rt9e&t to '$2
D1$t t1e 6$D %' . . .Y Thus, espondentWs invocation of the doctine of political is but a foa" in the da..

:1et1er or &ot t1e #et%t%o&er re'%-&e/ $' Pre'%/e&t

;e no# slide to the second issue. None of the paties consideed this issue as posin( a political
!uestion. 2ndeed, it involves a le(al !uestion #hose factual in(edient is deteminable fom the ecods of the
case and b" esot to 8udicial notice. Petitione denies he esi(ned as Pesident o that he suffes fom a
pemanent disabilit". 1ence, he submits that the office of the Pesident #as not vacant #hen espondent Ao"o
too. he oath as pesident.
The issue bin(s unde the micoscope of the meanin( of section H, Aticle E22 of the Constitution #hich
povides0
X'ec. H. 2n case of death, pemanent disabilit", emoval fom office o esi(nation of the Pesident, the Eice
Pesident shall become the Pesident to seve the une3pied tem. 2n case of death, pemanent disabilit",
emoval fom office, o esi(nation of both the Pesident and Eice Pesident, the Pesident of the 'enate o, in
case of his inabilit", the 'pea.e of the 1ouse of Repesentatives, shall then acts as Pesident until Pesident o
Eice Pesident shall have been elected and !ualified.
3 3 3.Y
The issue then is #hethe the petitione esi(ned as Pesident o should be consideed esi(ned as of
Banua" $*, $**1 #hen espondent too. he oath as the 1A
th
Pesident of the Republic. Resi(nation is not a hi(h
level le(al abstaction. 2t is a factual !uestion and its e6e9e&t' ae be"ond !uibble0 t1ere 9,'t be $& %&te&t to
re'%-& $&/ t1e %&te&t 9,'t be co,#6e/ b2 $ct' o4 re6%&I,%'19e&t.
F/HG
The validit" of a esi(nation is not
(ovened b" an" fomal e!uiement as to fom. 2t can be oal. 2t can be #itten. 2t can be e3pess. 2t can be
implied. As lon( as the esi(nation is clea, it must be (iven le(al effect.
2n the cases at ba, the facts sho#s that petitione did not #ite an" fomal lette of esi(nation befoe he
evacuated MalacaNan( Palace in the Aftenoon of Banua" $*, $**1 afte the oath-ta.in( of espondent
Ao"o. Conse!uentl", #hethe o not petitione esi(ned has to be detemined fom his acts and omissions
befoe, duin( and afte Banua" $*, $**1 o b" the tot$6%t2 o4 #r%or, co&te9#or$&eo,' $&/ #o'ter%or 4$ct'
$&/ c%rc,9't$&t%$6 e3%/e&ce be$r%&- $ 9$ter%$6 re6e3$&ce o& t1e %'',e.
<sin( this totalit" test, De 1o6/ t1$t #et%t%o&er re'%-&e/ $' Pre'%/e&t.
To appeciate the public pessue that led to the esi(nation of the petitione, it is impotant to follo# the
succession of events afte the e3pos] of -oveno 'in(son. The 'enate Blue Ribbon Committee
investi(ated. The moe detailed evelations of petitioneWs alle(ed mis(ovenance in the Blue Ribbon
investi(ation spi.ed the hate a(ainst him. The Aticles of 2mpeachment filed in the 1ouse of Repesentatives
#hich initiall" #as (iven a nea ciphe chance of succeedin( sno#balled. 2n e3pess speed, it (ained the
si(natues of 11% epesentatives o moe than 1L@ of the 1ouse of Repesentatives. 'oon, petitioneWs po#eful
political allies be(an desetin( him. Respondent Ao"o !uit as 'eceta" of 'ocial ;elfae. 'enate Pesident
7ilon and ,ome 'pea.e Eilla defected #ith A/ epesentatives in to#. Then, his espected senio economic
advises esi(ned to(ethe #ith his 'eceta" of Tade and 2ndust".
As the political isolation of the petitione #osened, the peopleWs call fo his esi(nation intensified. The call
eached a ne# cescendo #hen the eleven >11? membes of the impeachment tibunal efused to open the
second envelope. 2t sent the people to pao3"sms of outa(e. Befoe the ni(ht of Banua" 1& #as ove, the
1&*
E7'A 'hine #as s#amin( #ith people c"in( fo edess of thei (ievance. Thei numbe (e#
e3ponentiall". Rallies and demonstation !uic.l" spead to the count"side li.e a bush fie.
As events appoached Banua" $*, #e can have an authoitative #indo# on the 't$te o4 9%&/ of the
petitione. The #indo# is povided in the X,inal 7a"s of Boseph E8ecito Estada,Y the dia" of E3ecutive
'eceta" An(aa seiali5ed in the P1%6%##%&e "$%62 &I,%rer.
F/+G
The An(aa 7ia" eveals that in monin( of
Banua" 1+, petitioneWs lo"al advises #ee #oied about the s#ellin( of the co#d at E7'A, hence, the" decided
to cate an ad hoc committee to handle it. Thei #o" #ould #osen. At 10$* p.m., petitione pulled 'eceta"
An(aa into his small office at the pesidential esidence and e3claimed0 XEd, se"oso na ito. 9umalas na si
An(elo >Re"es? >Ed, this is seious. An(elo has defected.?Y
FH*G
An hou late o at $0@*, p.m., the petitione decided
to call fo a snap pesidential election $&/ 'tre''e/ 1e Do,6/ &ot be $ c$&/%/$te. T1e #ro#o'$6 4or $ '&$#
e6ect%o& 4or #re'%/e&t %& M$2 D1ere 1e Do,6/ &ot be $ c$&/%/$te %' $& %&/%c%,9 t1$t #et%t%o&er 1$/
%&te&/e/ to -%3e ,# t1e #re'%/e&c2 e3e& $t t1$t t%9e. At @0** p.m., -eneal Re"es 8oined the sea of E7'A
demonstatos demandin( the esi(nation of the petitione and damaticall" announced the A,PWs #ithda#al of
suppot fom the petitione and thei pled(e of suppot to espondent Ao"o. The seismic shift of suppot left
petitione #ea. as a pesident. Accodin( to 'eceta" An(aa, he as.ed 'enato Pimentel to advise petitione to
conside the option of X/%-&%4%e/ eB%t or re'%-&$t%o&.R
FH1G
Pet%t%o&er /%/ &or /%'$-ree b,t 6%'te&e/ %&te&t62.
FH$G
The s." #as fallin( fast on the petitione. At +0@* p.m., 'enato Pimentel epeated to the petitione the u(enc"
of ma.in( a (aceful and di(nified e3it. 1e (ave the poposal a s#eetene b" sa"in( that petitione #ould allo#ed
to (o aboad #ith enou(h funds to suppot him and his famil".
FH@G
S%-&%4%c$&t62, t1e #et%t%o&er eB#re''e/ &o
obFect%o& to t1e ',--e't%o& 4or $ -r$ce4,6 $&/ /%-&%4%e/ eB%t b,t '$%/ 1e Do,6/ &e3er 6e$3e t1e co,&tr2.
FHAG
At 1*0** p.m., petitione evealed to 'eceta" An(aa, XEd, An(ie >Re"es? (uaanteed that 2 #ould have five
da"s to a #ee. in the palace.Y
FH%G
T1%' %' #roo4 t1$t #et%t%o&er 1$/ reco&c%6e/ 1%9'e64 to t1e re$6%t2 t1$t 1e 1$/
to re'%-&. H%' 9%&/ D$' $6re$/2 co&cer&e/ D%t1 t1e 4%3e-/$2 -r$ce #er%o/ 1e co,6/ 't$2 %& t1e #$6$ce. t
D$' $ 9$tter o4 t%9e.
The pessue continued pilin( up. B" 110** p.m., fome Pesident Ramos called up 'eceta" An(aa and
e!uested, XEd, ma(tulun(an ta"o paa ma(.aoon ta"o n( >letWs coopeate to ensue a? #e$ce4,6 $&/ or/er62
tr$&'4er o4 #oDer.R
FH&G
Thee #as no defiance to the e!uest. 'eceta" An(aa eadil" a(eed. A(ain, #e note
that at this sta(e, t1e #rob6e9 D$' $6re$/2 $bo,t $ #e$ce4,6 $&/ or/er62 tr$&'4er o4 #oDer. T1e re'%-&$t%o&
o4 t1e #et%t%o&er D$' %9#6%e/.
The 4%r't &e-ot%$t%o& fo a peaceful and odel" tansfe of po#e immediatel" stated at 1$0$* a.m. of
Banua" $*, that fateful 'atuda". The &e-ot%$t%o& D$' 6%9%te/ to thee >@? points0 >1? the tansition peiod of
five da"s afte the petitioneWs esi(nationI >$? the (uaantee of the safet" of the petitione and his famil", and >@?
the a(eement to open the second envelope to vindicate the name of the petitione.
FH/G
!-$%&, De &ote t1$t t1e
re'%-&$t%o& o4 #et%t%o&er D$' &ot $ /%'#,te/ #o%&t. T1e #et%t%o&er c$&&ot 4e%-& %-&or$&ce o4 t1%'
4$ct. Accodin( to 'eceta" An(aa, at $0@* a.m., he biefed the petitione on the thee points and the follo#in(
ent" in the !&-$r$ "%$r2 '1oD' t1e re$ct%o& o4 t1e #et%t%o&er, viz0
X3 3 3
2 e3plain #hat happened duin( the fist ound of ne(otiations. The Pre'%/e&t immediatel" stesses that 1e F,'t
D$&t' the five-da" peiod pomised b" Re"es, as #ell as to open the second envelope to clea his name.
4 t1e e&3e6o#e %' o#e&e/, o& Mo&/$2, 1e '$2', 1e D%66 6e$3e b2 Mo&/$2.
The Pesident sa"s. QP$-o/ &$ #$-o/ &$ $Eo. !2oEo &$ 9$'2$/o &$&- 9$'$E%t. P$-o/ &$ $Eo '$ re/
t$#e, b,re$,cr$c2, %&tr%-$. L $9 3er2 t%re/. /o&Ot D$&t $&2 9ore o4 t1%' C %tO' too #$%&4,6. O9 t%re/ o4 t1e
re/ t$#e, t1e b,re$,cr$c2, t1e %&tr%-,e.M
F,'t D$&t to c6e$r 92 &$9e, t1e& D%66 -o.Y
FHHG
!-$%&, t1%' %' 1%-1 -r$/e e3%/e&ce t1$t t1e #et%t%o&er 1$' re'%-&e/. The intent to esi(n is clea #hen he said
X3 3 3 !2oEo &$ mas"ado nan( masa.it.Y X !2oEo &$Y ae Dor/' o4 re'%-&$t%o&.
1&1
The 'eco&/ ro,&/ o4 &e-ot%$t%o& esumed at /0@* a.m. Accodin( to the An(aa 7ia", the follo#in(
happened0
X6ppositionWs deal
/0@* a.m. M Rene aives #ith Bet Romulo and >Ms. Macapa(alWs spo.espeson? Rene Coona. ,o this ound, 2
am accompanied b" 7ondon Ba(atsin( and Macel.
Rene pulls out a document titled XNe(otiatin( Points.Y 2t eads0
Z1. The Pesident shall si(n a esi(nation document #ithin the da", $* Banua" $**1, that #ill be effective on
;ednesda", $A Banua" $**1, on #hich da" the Eice Pesident #ill assume the Pesidenc" of the Republic of the
Philippines.
$. Be(innin( toda", $* Banua" $**1, the tansition pocess fo the assumption of the ne# administation shall
commence, and pesons desi(nated b" the Eice pesident to vaious positions and offices of the (ovenment shall
stat thei oientation activities in coodination #ith the incumbent officials concened.
@. The Amed ,oces of the Philippines and the Philippine National Police shall function unde the Eice Pesident
as national milita" and police effective immediatel".
A. The Amed ,oces of the Philippines, thou(h its Chief of 'taff, shall (uaantee the secuit" of the pesident
and his famil" as appoved b" the national milita" and police authoit" >Eice Pesident?.
%. 2t is to be noted that the 'enate #ill open the second envelope in connection #ith the alle(ed savin(s account
of the Pesident in the E!uitable PC2 Ban. in accodance #ith the ules of the 'enate, pusuant to the e!uest to
the 'enate Pesident.W
6u deal
;e bin( out, too, ou discussion daft #hich eads0
The undesi(ned paties, fo and in behalf of thei espective pincipals, a(ee and undeta.e as follo#s0
Z1. A tansition #ill occu and ta.e place on ;ednesda", $A Banua" $**1, at #hich time Pesident Boseph
E8ecito Estada #ill tun ove the pesidenc" to Eice Pesident -loia Macapa(al-Ao"o.
$. 2n etun, Pesident Estada and his families ae (uaanteed secuit" and safet" of thei peson and popet"
thou(hout thei natual lifetimes. =i.e#ise, Pesident Estada and his families ae (uaanteed feedom fom
pesecution o etaliation fom (ovenment and the pivate secto thou(hout thei natual lifetimes.
This commitment shall be (uaanteed b" the Amed ,oces of the Philippines >ZA,PW? thou(h the Chief of 'taff,
as appoved b" the national milita" and police authoities M Eice Pesident >Macapa(al?.
@. Both paties shall endeavo to ensue that the 'enate sitin( as an impeachment cout #ill authoi5e the
openin( of the second envelope in the impeachment tial as poof that the sub8ect savin(s account does not
belon( to Pesident Estada.
A. 7uin( the five-da" tansition peiod bet#een $* Banua" $**1 and $A Banua" $**1 >the XTansition PeiodY?,
the incomin( Cabinet membes shall eceive an appopiate biefin( fom the out(oin( Cabinet officials as pat of
the oientation po(am.
1&$
7uin( the Tansition Peiod, the A,P and the Philippine National Police >ZPNPW? shall function unde Eice
Pesident >Macapa(al? as national milita" and police authoities.
Both paties heeto a(ee that the A,P chief of staff and PNP diecto (eneal shall obtain all the necessa"
si(natues as affi3ed to this a(eement and insue faithful implementation and obsevance theeof.
Eice Pesident -loia Macapa(al-Ao"o shall issue a public statement in the fom and teno povided fo in
ZAnne3 AW heetofoe attached to this a(eement.WY
FH+G
T1e 'eco&/ ro,&/ o4 &e-ot%$t%o& ce9e&t' t1e re$/%&- t1$t t1e #et%t%o&er 1$' re'%-&e/. t D%66 be
&ote/ t1$t /,r%&- t1%' 'eco&/ ro,&/ o4 &e-ot%$t%o&, t1e re'%-&$t%o& o4 t1e #et%t%o&er D$' $-$%& tre$te/ $'
$ -%3e& 4$ct. T1e o&62 ,&'ett6e/ #o%&t' $t t1$t t%9e Dere t1e 9e$',re' to be ,&/ert$Ee& b2 t1e #$rt%e'
/,r%&- $&/ $4ter t1e tr$&'%t%o& #er%o/.
Accodin( to 'eceta" An(aa, the /r$4t $-ree9e&t #hich #as pemised on the esi(nation of the petitione
#as futhe re4%&e/. t D$' t1e& '%-&e/ b2 t1e%r '%/e and he #as ead" to fa3 it to -eneal Re"es and 'enato
Pimentel to a#ait the si(natue of the <nited 6pposition. HoDe3er, t1e '%-&%&- b2 t1e #$rt2 o4 t1e re'#o&/e&t
!rro2o D$' $borte/ b2 1er o$t1-t$E%&-. The An(aa 7ia" naates the fateful events, viz0
F+*G
X3 3 3
110** a.m. M Bet#een -eneal Re"es and m"self, thee is a fim a(eement on the five points to effect a
peaceful tansition. 2 can hea the (eneal cleain( all these points #ith a (oup he is #ith. 2 hea voices in
the bac.(ound.
A(eement
The a(eement stats0 1. The Pesident shall esi(n toda", $* Banua" $**1, #hich esi(nation shall be effective
on $A Banua" $**1, on #hich da" the Eice Pesident #ill assume the pesidenc" of the Republic of the
Philippines.
3 3 3
The est of the a(eement follo#s0
$. The tansition pocess fo the assumption of the ne# administation shall commence on $* Banua" $**1,
#heein pesons desi(nated b" the Eice Pesident to vaious (ovenment positions shall stat oientation activities
#ith incumbent officials.
@. The Amed ,oces of the Philippines thou(h its Chief of 'taff, shall (uaantee the safet" and secuit" of the
Pesident and his families thou(hout thei natual lifetimes as appoved b" the national milita" and police
authoit" M Eice Pesident.
A. The A,P and the Philippine National Police >ZPNPW? shall function unde the Eice Pesident as national milita"
and police authoities.
%. Both paties e!uest the impeachment cout to open the second envelope in the impeachment tial, the
contents of #hich shall be offeed as poof that the sub8ect savin(s account does not belon( to the Pesident.
The Eice Pesident shall issue a public statement in the fom and teno povided fo in Anne3 ZBW heetofoe
attached to this a(eement.
3 3 3
1&@
110$* a.m. M 2 am all set to fa3 -eneal Re"es and Nene Pimentel ou a(eement, si(ned b" ou side and
a#aitin( the si(natue of the <nited 6pposition.
And then it happens. -eneal Re"es calls me to sa" that the 'upeme Cout has decided that -loia Macapa(al-
Ao"o is Pesident and #ill be s#on in at 1$ noon.
R;a+it hindi naman +ayo na+ahintay@ aano na an) a)reement BHhy couldnQt you !ait@ Hhat about the
a)reementC@Q 2 as.ed.
Re"es ans#eed0 ZHala na, si >2tWs ove, si?.W
2 as.ed him0 Z>i yun) tansition peiod, moot and academic na4W
And -eneal Re"es ans#e0 Z5o n)a" i-delete na natin, si >Kes, #eWe deletin( that pat?.W
Conta" to subse!uent epots, 2 do not eact and sa" that thee #as a double coss.
But 2 immediatel" instuct Macel to /e6ete t1e 4%r't #ro3%'%o& o& re'%-&$t%o& '%&ce t1%' 9$tter %' $6re$/2 9oot
$&/ $c$/e9%c. ;ithin moments, Macel eases the fist povision and fa3es the documents, #hich have been
si(ned b" m"self, 7ondon and Macel to Nene Pimentel and -eneal Re"es.
2 diect 7emaee Ravel to ush the oi(inal document to -eneal Re"es fo the si(natues of the othe side, $' %t
%' %9#ort$&t t1$t t1e #ro3%'%o& o& 'ec,r%t2, $t 6e$'t, '1o,6/ be re'#ecte/.
2 then advise the Pesident that the 'upeme Cout has uled that Chief Bustice 7avide #ill administe the oath to
-loia at 1$ noon.
The pesident is too stunned fo #ods.
,inal meal
1$ noon M -loia ta.es he oath as Pesident of the Republic of the Philippines.
1$0$* p.m. M The P'- distibutes fieams to some people inside the compound.
The Pesident is havin( his final meal at the Pesidential Residence #ith the fe# fiends and Cabinet membes
#ho have (atheed.
B" this time, demonstatos have alead" bo.en do#n the fist line of defense at Mendiola. 6nl" the P'- is
thee to potect the Palace, since the police and milita" have alead" #ithda#n thei suppot fo the Pesident.
1 p.m. M The PesidentWs pesonal staff is ushin( to pac. as man" of the Estada famil"Ws pesonal possessions
as the" can.
7uin( lunch, Ronie Puno mentions that the Pesident needs to elease a 4%&$6 't$te9e&t be4ore 6e$3%&-
M$6$c$S$&-.
T1e 't$te9e&t re$/'0 ZAt t#elve oWcloc. noon toda", Eice Pesident -loia Macapa(al-Ao"o too. he oath as
Pesident of the Republic of the Philippines. ;hile alon( #ith man" othe le(al minds of ou count", 2 have
ston( and seious doubts about the le(alit" and constitutionalit" of he poclamation as pesident, 2 do not #ish to
be a facto that #ill pevent the estoation of unit" and ode in ou civil societ".
1&A
2t is fo this eason that 2 no# leave MalacaNan( Palace, the seat of the pesidenc" of this count", fo the sa.e of
peace and in ode to be(in the healin( pocess of ou nation. 2 leave the Palace of ou people #ith (atitude fo
the oppotunities (iven to me fo sevice to ou people. 2 #ill not shi. fom an" futue challen(es that ma" come
ahead in the same sevice of ou count".
2 call on all m" suppotes and follo#es to 8oin me in the pomotion of a constuctive national spiit of
econciliation and solidait".
Ma" the Almi(ht" bless ou count" and ou beloved people.
MAB<1AKVWY
2t #as cutain time fo the petitione.
2n sum, #e hold that the esi(nation of the petitione cannot be doubted. 2t #as confimed b" his leavin(
MalacaNan(. 2n the pess elease containin( his final statement, >1? he $cE&oD6e/-e/ t1e o$t1-t$E%&- o4 t1e
re'#o&/e&t $' Pre'%/e&t of the Republic albeit #ith the esevation about its le(alit"I >$? he emphasi5ed he #as
leavin( the Palace, the seat of the pesidenc", fo the sa.e of peace and in ode to be(in the healin( pocess of
ou nation. He /%/ &ot '$2 1e D$' 6e$3%&- t1e P$6$ce /,e to $&2 E%&/ o4 %&$b%6%t2 $&/ t1$t 1e D$' -o%&- to
re-$'',9e t1e #re'%/e&c2 $' 'oo& $' t1e /%'$b%6%t2 /%'$##e$r'H >@? he e3pessed his (atitude to the people
fo the oppotunit" to seve them. ;ithout doubt, he #as efein( to the #$'t o##ort,&%t2 (iven him to seve the
people as PesidentI >A? he assued that he #ill not shi. fom an" 4,t,re c1$66e&-e that ma" come ahead in the
same sevice of ou count". PetitioneWs efeence is to a 4,t,re c1$66e&-e $4ter occ,#2%&- t1e o44%ce o4 t1e
#re'%/e&t #hich he has (iven upI and >%? he called on his suppotes to 8oin him in the pomotion of a
constuctive national spiit of econciliation and solidait". Cert$%&62, t1e &$t%o&$6 '#%r%t o4 reco&c%6%$t%o& $&/
'o6%/$r%t2 co,6/ &ot be $tt$%&e/ %4 1e /%/ &ot -%3e ,# t1e #re'%/e&c2. The pess elease #as petitioneWs
valedicto", his final act of fae#ell. H%' #re'%/e&c2 %' &oD %& t1e #$'t te&'e.
t %', 1oDe3er, ,r-e/ t1$t t1e #et%t%o&er /%/ &ot re'%-& b,t o&62 tooE $ te9#or$r2 6e$3e o4 $b'e&ce /,e
to 1%' %&$b%6%t2 to -o3er&. 2n suppot of this thesis, the lette dated Banua" $*, $**1 of the petitione sent to
'enate Pesident Pimentel and 'pea.e ,uentebella is cited. A(ain, #e efe to the said lette, viz0
X'i
B" vitue of the povisions of 'ection 22, Aticle E22 of the Constitution, 2 am heeb" tansmittin( this declaation that
2 am unable to e3ecise the po#es and duties of m" office. B" opeation of la# and the Constitution, the Eice
Pesident shall be the Actin( Pesident.
>'(d.? Boseph E8ecito EstadaY
To sa" the least, the above 6etter %' Dr$##e/ %& 92'ter2.
F+1G
The pleadin(s filed b" the petitione in the
cases at ba did not discuss, na" even intimate, the cicumstances that led to its pepaation. Neithe did the
counsel of the petitione eveal to the Cout these cicumstances duin( the oal a(ument. t 'tr%Ee' t1e Co,rt
$' 'tr$&-e t1$t t1e 6etter, /e'#%te %t' 6e-$6 3$6,e, D$' &e3er re4erre/ to b2 t1e #et%t%o&er /,r%&- t1e DeeE-
6o&- cr%'%'. To be sue, thee #as not the sli(htest hint of its e3istence #hen he issued his final pess elease. 2t
#as all too eas" fo him to tell the ,ilipino people in his pess elease that he #as tempoail" unable to (oven
and that he #as leavin( the eins of (ovenment to espondent Ao"o fo the time bein(. U&/er $&2
c%rc,9't$&ce, 1oDe3er, t1e 92'ter%o,' 6etter c$&&ot &e-$te t1e re'%-&$t%o& o4 t1e #et%t%o&er. 2f it #as
pepaed be4ore the pess elease of the petitione cleal" sho#in( his esi(nation fom the pesidenc", then the
esi(nation must pevail as a late act. 2f, ho#eve, it #as pepaed $4ter the pess elease, still, it commands
scant le(al si(nificance. Pet%t%o&erO' re'%-&$t%o& 4ro9 t1e #re'%/e&c2 c$&&ot be t1e ',bFect o4 $ c1$&-%&-
c$#r%ce &or o4 $ D1%9'%c$6 D%66 e'#ec%$662 %4 t1e re'%-&$t%o& %' t1e re',6t o4 1%' re#,/%$t%o& b2 t1e
#eo#6e. Thee is anothe eason #h" this Cout cannot (ive an" le(al si(nificance to petitioneWs lette and this
shall be discussed in issue numbe 222 of this 7ecision.
1&%
!4ter #et%t%o&er co&te&/e/ t1$t $' $ 9$tter o4 4$ct 1e /%/ &ot re'%-&, 1e $6'o $r-,e' t1$t 1e co,6/ &ot
re'%-& $' $ 9$tter o4 6$D. 1e elies on section 1$ of RA No. @*1+, othe#ise .no#n as the Anti--aft and
Coupt Pactices Act, #hich alle(edl" pohibits his esi(nation, vizD
X'ec. 1$. No public office shall be allo#ed to esi(n o etie pendin( an investi(ation, ciminal o administative,
o pendin( a posecution a(ainst him, fo an" offense unde this Act o unde the povisions of the Revised Penal
Code on bibe".Y
A eadin( of the 6e-%'6$t%3e 1%'tor2 o4 R! No. 3*19 #ill hadl" povide an" comfot to the petitione. RA No.
@*1+ oi(inated fom 'enate Bill No. $+@. The oi(inal daft of the bill, #hen it #as submitted to the 'enate, did
not contain a povision simila to section 1$ of the la# as it no# stands. 1o#eve, in his sponsoship speech,
'enato Atuo Tolentino, the autho of the bill, Xeseved to popose duin( the peiod of amendments the
inclusion of a povision to the effect that no public official #ho is unde posecution fo an" act of (aft o
couption, o is unde administative investi(ation, shall be allo#ed to voluntail" esi(n o etie.Y
F+$G
7uin( the
peiod of amendments, the follo#in( povision #as inseted as section 1%0
X'ec. 1%. Temination of office C No public official shall be allo#ed to esi(n o etie pendin( an investi(ation,
ciminal o administative, o pendin( a posecution a(ainst him, fo an" offense unde the Act o unde the
povisions of the Revised Penal Code on bibe".
The sepaation o cessation of a public official fom office shall not be a ba to his posecution unde this Act fo
an offense committed duin( his incumbenc".Y
F+@G
The bill #as vetoed b" then Pesident Calos P. -acia #ho !uestioned the le(alit" of the second paa(aph
of the povision and insisted that the PesidentWs immunit" should e3tend even afte his tenue.
'enate Bill No. %/1, #hich #as substantiall" simila to 'enate Bill No. $+@, #as theeafte passed. 'ection
1% above became section 1@ unde the ne# bill, but the delibeations on this paticula povision mainl" focused
on the immunit" of the Pesident #hich #as one of the easons fo the veto of the oi(inal bill. Thee #as hadl"
an" debate on the pohibition a(ainst the esi(nation o etiement of a public official #ith pendin( ciminal and
administative cases a(ainst him. 0e t1$t $' %t 9$2, t1e %&te&t o4 t1e 6$D o,-1t to be ob3%o,'. t %' to
#re3e&t t1e $ct o4 re'%-&$t%o& or ret%re9e&t 4ro9 be%&- ,'e/ b2 $ #,b6%c o44%c%$6 $' $ #rotect%3e '1%e6/ to
'to# t1e %&3e't%-$t%o& o4 $ #e&/%&- cr%9%&$6 or $/9%&%'tr$t%3e c$'e $-$%&'t 1%9 $&/ to #re3e&t 1%'
#ro'ec,t%o& ,&/er t1e !&t%-Gr$4t L$D or #ro'ec,t%o& 4or br%ber2 ,&/er t1e Re3%'e/ Pe&$6 Co/e. To be
sue, no peson can be compelled to ende sevice fo that #ould be a violation of his constitutional i(ht.
F+AG
A
public official has the i(ht not to seve if he eall" #ants to etie o esi(n. Nevetheless, if at the time he esi(ns
o eties, a public official is facin( administative o ciminal investi(ation o posecution, such esi(nation o
etiement #ill not cause the dismissal of the ciminal o administative poceedin(s a(ainst him. 1e cannot use
his esi(nation o etiement to avoid posecution.
Thee is anothe eason #h" petitioneWs contention should be e8ected. 2n the cases at ba, the ecods sho#
that #hen petitione esi(ned on Banua" $*, $**1, the cases filed a(ainst him befoe the 6mbudsman #ee 6MB
Case Nos. *-**-1&$+, *-**-1/%%, *-**-1/%&, *-**-1/%/ and *-**-1/%H. ;hile these cases have been filed, the
espondent 6mbudsman efained fom conductin( the pelimina" investi(ation of the petitione fo the eason
that as the sittin( Pesident then, petitione #as immune fom suit. Technicall", the said cases cannot be
consideed as pendin( fo the 6mbudsman lac.ed 8uisdiction to act on them. 'ection 1$ of RA No. @*1+ cannot
theefoe be invo.ed b" the petitione fo it contemplates of cases #hose investi(ation o posecution do not suffe
fom an" insupeable le(al obstacle li.e the immunit" fom suit of a sittin( Pesident.
Petitione contends that the impeachment poceedin( is an administative investi(ation that, unde section 1$
of RA @*1+, bas him fom esi(nin(. ;e hold othe#ise. The e3act natue of an impeachment poceedin( is
debatable. But even assumin( ar)uendo that it is an administative poceedin(, it can not be consideed pendin(
at the time petitione esi(ned because the pocess alead" bo.e do#n #hen a ma8oit" of the senato-8ud(es
voted a(ainst the openin( of the second envelope, the public and pivate posecutos #al.ed out, the public
posecutos filed thei Manifestation of ;ithda#al of Appeaance, and the poceedin(s #ee postponed
indefinitel". Thee #as, in effect, no impeachment case pendin( a(ainst petitione #hen he esi(ned.
1&&

:1et1er or &ot t1e #et%t%o&er %' o&62 te9#or$r%62 ,&$b6e to $ct $' Pre'%/e&t.
;e shall no# tac.le the contention of the petitione that he is meel" tempoail" unable to pefom the
po#es and duties of the pesidenc", and hence is a Pesident on leave. As afoestated, the inabilit" claim is
contained in the Banua" $*, $**1 lette of petitione sent on the same da" to 'enate Pesident Pimentel and
'pea.e ,uentebella.
Petitione postulates that espondent Ao"o as Eice Pesident has no po#e to ad8ud(e the inabilit" of the
petitione to discha(e the po#es and duties of the pesidenc". 1is si(nificant submittal is that XCo&-re'' has
the ultimate authoit" unde the Constitution to detemine #hethe the Pesident is incapable of pefomin( his
functions in the manne povided fo in section 11 of Aticle E22.Y
F+%G
This contention is the ce&ter#%ece o4
#et%t%o&erO' 't$&ce that he is a Pre'%/e&t o& 6e$3e and espondent !rro2o %' o&62 $& !ct%&- Pre'%/e&t.
!& eB$9%&$t%o& o4 'ect%o& 11, !rt%c6e 7 %' %& or/er. 2t povides0
X'EC. 11. ;heneve the Pesident tansmit to the Pesident of the 'enate and the 'pea.e of the 1ouse of
Repesentatives his #itten declaation that he is unable to discha(e the po#es and duties of his office, and until
he tansmits to them a #itten declaation to the conta", such po#es and duties shall be discha(ed b" the
Eice-Pesident as Actin( Pesident.
;heneve a ma8oit" of all the Membes of the Cabinet tansmit to the Pesident of the 'enate and to the 'pea.e
of the 1ouse of Repesentatives thei #itten declaation that the Pesident is unable to discha(e the po#es and
duties of his office, the Eice-Pesident shall immediatel" assume the po#es and duties of the office as Actin(
Pesident.
Theeafte, #hen the Pesident tansmits to the Pesident of the 'enate and to the 'pea.e of the 1ouse of
Repesentatives his #itten declaation that no inabilit" e3ists, he shall eassume the po#es and duties of his
office. Mean#hile, should a ma8oit" of all the Membes of the Cabinet tansmit #ithin five da"s to the Pesident of
the 'enate and to the 'pea.e of the 1ouse of Repesentatives thei #itten declaation that the Pesident is
unable to discha(e the po#es and duties of his office, the Con(ess shall decide the issue. ,o that pupose,
the Con(ess shall convene, if it is not in session, #ithin fot"-ei(ht hous, in accodance #ith its ules and #ithout
need of call.
2f the Con(ess, #ithin ten da"s afte eceipt of the last #itten declaation, o, if not in session #ithin t#elve da"s
afte it is e!uied to assemble, detemines b" a t#o-thids vote of both 1ouses, votin( sepaatel", that the
Pesident is unable to discha(e the po#es and duties of his office, the Eice-Pesident shall act as PesidentI
othe#ise, the Pesident shall continue e3ecisin( the po#es and duties of his office.)
That is the la#. No# the opeative facts0
>1? Petitione, on Banua" $*, $**1, sent the above lette claimin( inabilit" to the 'enate Pesident and
'pea.e of the 1ouseI
>$? <na#ae of the lette, espondent Ao"o too. he oath of office as Pesident on Banua" $*, $**1 at
about 1$0@* p.m.I
>@? "e'#%te rece%#t o4 t1e 6etter, the 1ouse of Repesentative passed on Banua" $A, $**1 Ho,'e
Re'o6,t%o& No. 1)+H
F+&G
O& t1e '$9e /$te, the 1ouse of the Repesentatives passed Ho,'e Re'o6,t%o& No. 1)6
F+/G
#hich states0
1&/
XRE'6=<T26N EDPRE''2N- T1E '<PP6RT 6, T1E 16<'E 6, REPRE'ENTAT2EE' T6 T1E
A''<MPT26N 2NT6 6,,2CE BK E2CE PRE'27ENT -=6R2A MACAPA-A=-ARR6K6 A'
PRE'27ENT 6, T1E REP<B=2C 6, T1E P12=2PP2NE', EDTEN72N- 2T' C6N-RAT<=AT26N'
AN7 EDPRE''2N- 2T' '<PP6RT ,6R 1ER A7M2N2'TRAT26N A' A PARTNER 2N T1E
ATTA2NMENT 6, T1E NAT26NW' -6A=' <N7ER T1E C6N'T2T<T26N
;1EREA', as a conse!uence of the peopleWs loss of confidence on the abilit" of fome Pesident Boseph
E8ecito Estada to effectivel" (oven, the Amed ,oces of the Philippines, the Philippine National Police and
ma8oit" of his cabinet had #ithda#n suppot fom himI
;1EREA', upon authoit" of an en banc esolution of the 'upeme Cout, Eice Pesident -loia Macapa(al-
Ao"o #as s#on in as Pesident of the Philippines on $* Banua" $**1 befoe Chief Bustice 1ilaio -. 7avide,
B.I
;1EREA', immediatel" theeafte, membes of the intenational communit" had e3tended thei eco(nition to
1e E3cellenc", -loia Macapa(al-Ao"o as Pesident of the Republic of the PhilippinesI
;1EREA', 1e E3cellenc", Pesident -loia Macapa(al-Ao"o has espoused a polic" of national healin( and
econciliation #ith 8ustice fo the pupose of national unit" and developmentI
;1EREA', it is a3iomatic that the obli(ations of the (ovenment cannot be achieved if it is divided, thus b"
eason of the constitutional dut" of the 1ouse of Repesentatives as an institution and that of the individual
membes theeof of fealt" to the supeme #ill of the people, the 1ouse of Repesentatives must ensue to the
people a stable, continuin( (ovenment and theefoe must emove all obstacles to the attainment theeofI
;1EREA', it is a concomitant dut" of the 1ouse of Repesentatives to e3et all effots to unif" the nation, to
eliminate factious tension, to heal social and political #ounds, and to be an instument of national econciliation
and solidait" as it is a diect epesentative of the vaious se(ments of the #hole nationI
;1EREA', #ithout suendein( its independence, it is vital fo the attainment of all the foe(oin(, fo the 1ouse
of Repesentatives to e3tend its suppot and collaboation to the administation of 1e E3cellenc", Pesident
-loia Macapa(al-Ao"o, and to be a constuctive patne in nation-buildin(, the national inteest demandin( no
less0 No#, theefoe, be it
Resolved by the Gouse of Representatives" To e3pess its suppot to the assumption into office b" Eice Pesident
-loia Macapa(al-Ao"o as Pesident of the Republic of the Philippines, to e3tend its con(atulations and to
e3pess its suppot fo he administation as a patne in the attainment of the NationWs (oals unde the
Constitution.
Adopted,
>'(d.? ,E=2C2AN6 BE=M6NTE BR.
'pea.e
This Resolution #as adopted b" the 1ouse of Repesentatives on Banua" $A, $**1.
>'(d.? R6BERT6 P. NAJAREN6
'eceta" -enealY
O& Febr,$r2 ), 2**1, the 1ouse of the Repesentatives passed Ho,'e Re'o6,t%o& No. 1)8
F+HG
#hich states0
1&H
XRE'6=<T26N C6N,2RM2N- PRE'27ENT -=6R2A MACAPA-A=-ARR6K6W' N6M2NAT26N 6,
'ENAT6R TE6,2'T6 T. -<2N-6NA, BR. A' E2CE PRE'27ENT 6, T1E REP<B=2C 6, T1E
P12=2PP2NE'
;1EREA', thee is a vacanc" in the 6ffice of the Eice Pesident due to the assumption to the Pesidenc" of Eice
Pesident -loia Macapa(al-Ao"oI
;1EREA', pusuant to 'ection +, Aticle E22 of the Constitution, the Pesident in the event of such vacanc" shall
nominate a Eice Pesident fom amon( the membes of the 'enate and the 1ouse of Repesentatives #ho shall
assume office upon confimation b" a ma8oit" vote of all membes of both 1ouses votin( sepaatel"I
;1EREA', 1e E3cellenc", Pesident -loia Macapa(al-Ao"o has nominated 'enate Minoit" =eade Teofisto
T. -uin(ona B., to the position of Eice Pesident of the Republic of the PhilippinesI
;1EREA', 'enato Teofisto T. -uin(ona B., is a public sevant endo#ed #ith inte(it", competence and
coua(eI #ho has seved the ,ilipino people #ith dedicated esponsibilit" and patiotismI
;1EREA', 'enato Teofisto T. -uin(ona, B. possesses stelin( !ualities of tue statesmanship, havin( seved
the (ovenment in vaious capacities, amon( othes, as 7ele(ate to the Constitutional Convention, Chaiman of
the Commission on Audit, E3ecutive 'eceta", 'eceta" of Bustice, 'enato of the Philippines - !ualities #hich
meit his nomination to the position of Eice Pesident of the Republic0 No#, theefoe, be it
Resolved as it is hereby resolved by the Gouse of Representatives" That the 1ouse of Repesentatives confims
the nomination of 'enato Teofisto T. -uin(ona, B. as the Eice Pesident of the Republic of the Philippines.
Adopted,
>'(d? ,E=2C2AN6 BE=M6NTE BR.
'pea.e
This Resolution #as adopted b" the 1ouse of Repesentatives on ,ebua" /, $**1.
>'(d.? R6BERT6 P. NAJAREN6
'eceta" -enealY
>A? Also, /e'#%te rece%#t o4 #et%t%o&erO' 6etter claimin( inabilit", some tDe63e L12M 9e9ber' o4 t1e
Se&$te si(ned the follo#in(0
XRE'6=<T26N
;1EREA', the ecent tansition in (ovenment offes the nation an oppotunit" fo meanin(ful chan(e and
challen(eI
;1EREA', to attain desied chan(es and ovecome a#esome challen(es the nation needs unit" of pupose and
esolute cohesive esolute >sic? #illI
;1EREA', the 'enate of the Philippines has been the foum fo vital le(islative measues in unit" despite
divesities in pespectivesI
1&+
;1ERE,6RE, #e eco(ni5e and e3pess suppot to the ne# (ovenment of Pesident -loia Macapa(al-Ao"o
and esolve to discha(e ou duties to attain desied chan(es and ovecome the nationWs challen(es.Y
F++G
O& Febr,$r2 ), the Se&$te also passed Se&$te Re'o6,t%o& No. 82
F1**G
#hich states0
XRE'6=<T26N C6N,2RM2N- PRE'27ENT -=6R2A MACAPA-A=-ARR6K6W' N6M2NAT26N 6,
'EN. TE6,2'T6 T. -<2N-6NA, BR. A' E2CE PRE'27ENT 6, T1E REP<B=2C 6, T1E
P12=2PP2NE'
;1EREA', thee is it vacanc" in the 6ffice of the Eice-Pesident due to the assumption to the Pesidenc" of Eice
Pesident -loia Macapa(al-Ao"oI
;1EREA', pusuant to 'ection + Aticle E22 of the Constitution, the Pesident in the event of such vacanc" shall
nominate a Eice Pesident fom amon( the membes of the 'enate and the 1ouse of Repesentatives #ho shall
assume office upon confimation b" a ma8oit" vote of all membes of both 1ouses votin( sepaatel"I
;1EREA', 1e E3cellenc", Pesident -loia Macapa(al-Ao"o has nominated 'enate Minoit" =eade Teofisto
T. -uin(ona, B. to the position of Eice Pesident of the Republic of the PhillippinesI
;1EREA', 'en. Teofisto T. -uin(ona, B. is a public sevant endo#ed #ith inte(it", competence, and coua(eI
#ho has seved the ,ilipino people #ith dedicated esponsibilit" and patiotismI
;1EREA', 'en. Teofisto T. -uin(ona, B. possesses stelin( !ualities of tue statesmanship, havin( seved the
(ovenment in vaious capacities, amon( othes, as 7ele(ate to the Constitutional Convention, Chaiman of the
Commission on Audit, E3ecutive 'eceta", 'eceta" of Bustice. 'enato of the land - #hich !ualities meit his
nomination to the position of Eice Pesident of the Republic0 No#, theefoe, be it
Resolved" as it is hereby resolved" That the 'enate confim the nomination of 'en. Teofisto T. -uin(ona, B. as
Eice Pesident of the Republic of the Philippines.
Adopted,
>'(d.? AO<2=2N6 O. P2MENTE= BR.
Pesident of the 'enate
This Resolution #as adopted b" the 'enate on ,ebua" /, $**1.
>'(d.? =<T-AR76 B. BARB6
'eceta" of the 'enateY
6n the same date, ,ebua" /, the Se&$te li.e#ise passed Se&$te Re'o6,t%o& No. 83
F1*1G
#hich states0
XRE'6=<T26N REC6-N2J2N- T1AT T1E 2MPEAC1MENT C6<RT 2' :.N(8.' 5::,(,5
Resolved" as it is hereby resolved. That the 'enate eco(ni5e that the 2mpeachment Cout is functus officio and
has been teminated.
Resolved" further" That the Bounals of the 2mpeachment Cout of Monda", Banua" 1%, Tuesda", Banua" 1& and
;ednesda", Banua" 1/, $**1 be consideed appoved.
1/*
Resolved" further" That the ecods of the 2mpeachment Cout includin( the Zsecond envelopeW be tansfeed to
the Achives of the 'enate fo pope safe.eepin( and pesevation in accodance #ith the Rules of the
'enate. 7isposition and etieval theeof shall be made onl" upon #itten appoval of the 'enate Pesident.
Resolved" finally. That all paties concened be funished copies of this Resolution.
Adopted,
>'(d.? AO<2=2N6 O. P2MENTE=, BR.
Pesident of the 'enate
This Resolution #as adopted b" the 'enate on ,ebua" /, $**1.
>'(d.? =<T-AR76 B. BARB6
'eceta" of the 'enateY
>%? 6n ,ebua" H, the 'enate also passed Re'o6,t%o& No. 84 Xcetif"in( to the e3istence of a vacanc" in
the 'enate and callin( on the C6ME=EC to fill up such vacanc" thou(h election to be held simultaneousl" #ith
the e(ula election on Ma" 1A, $**1 and the senatoial candidate (anein( the thiteenth >1@
th
? hi(hest numbe
of votes shall seve onl" fo the une3pied tem of 'enato Teofisto T. -uin(ona, B.Y
>&? 0ot1 1o,'e' o4 Co&-re'' stated sendin( b%66' to be '%-&e/ %&to 6$D b" espondent !rro2o
$' Pre'%/e&t.
>/? "e'#%te t1e 6$#'e o4 t%9e and still #ithout an" functionin( Cabinet, #ithout an" eco(nition fom
an" secto of (ovenment, and #ithout an" suppot fom the Amed ,oces of the Philippines and the Philippine
National Police, the petitione continues to claim that his inabilit" to (oven is onl" momenta".
:1$t 6e$#' to t1e e2e 4ro9 t1e'e %rre4,t$b6e 4$ct' %' t1$t bot1 1o,'e' o4 Co&-re'' 1$3e reco-&%5e/
re'#o&/e&t !rro2o $' t1e Pre'%/e&t. 9#6%c%t62 c6e$r %& t1$t reco-&%t%o& %' t1e #re9%'e t1$t t1e %&$b%6%t2 o4
#et%t%o&er E'tr$/$ %' &o 6o&-er te9#or$r2. Co&-re'' 1$' c6e$r62 reFecte/ #et%t%o&erO' c6$%9 o4 %&$b%6%t2.
T1e I,e't%o& %' D1et1er t1%' Co,rt 1$' F,r%'/%ct%o& to re3%eD t1e c6$%9 o4 te9#or$r2 %&$b%6%t2 o4
#et%t%o&er E'tr$/$ and theeafte re3%'e t1e /ec%'%o& o4 bot1 Ho,'e' o4 Co&-re'' eco(ni5in( espondent
Ao"o as Pesident of the Philippines. ,ollo#in( T$S$/$ 3. C,e&co,
F1*$G
#e hold that this Cout cannot e3ecise
its 8udicial po#e fo this is an issue Xin e(ad to #hich full discretionary authority has been dele(ated to the
=e(islative 3 3 3 banch of the (ovenment.Y 6 to use the lan(ua(e in 0$Eer 3'. C$rr,
F1*@G
thee is a Xte3tuall"
demonstable constitutional commitment of the issue to a coodinate political depatment o a lac. of 8udiciall"
discoveable and mana(eable standads fo esolvin( it.Y Cleal", the Cout cannot pass upon petitioneWs claim of
inabilit" to discha(e the po#es and duties of the pesidenc". T1e I,e't%o& %' #o6%t%c$6 %& &$t,re $&/
$//re''e/ 'o6e62 to Co&-re'' b2 co&'t%t,t%o&$6 4%$t. 2t is a political issue #hich cannot be decided b" this
Cout #ithout tans(essin( the pinciple of sepaation of po#es.
2n fine, even if the petitione can pove that he did not esi(n, still, he cannot successfull" claim that he is a
Pesident on leave on the (ound that he is meel" unable to (oven tempoail". That claim has been laid to est
b" Con(ess and the decision that espondent Ao"o is the de *ure Pesident made b" a co-e!ual banch of
(ovenment cannot be evie#ed b" this Cout.
7
:1et1er or &ot t1e #et%t%o&er e&Fo2' %99,&%t2 4ro9 ',%t. !'',9%&- 1e e&Fo2' %99,&%t2, t1e eBte&t o4 t1e %99,&%t2
1/1
Petitione Estada ma.es t#o submissions0 4%r't, the cases filed a(ainst him befoe the espondent
6mbudsman should be pohibited because he has not been convicted in the impeachment poceedin(s a(ainst
himI and 'eco&/, he en8o"s %99,&%t2 fom $66 .inds of suit, #hethe ciminal o civil.
Befoe esolvin( petitioneWs contentions, a evisit of ou le(al histo" on e3ecutive immunit" #ill be most
enli(htenin(. The doctine of e3ecutive immunit" in this 8uisdiction eme(ed $' $ c$'e 6$D. 2n the 191* case
of Forbe', etc. 3'. C1,oco t%$co $&/ Cro''4%e6/,
F1*AG
the espondent Tiaco, a Chinese citi5en, sued petitione ;.
Cameon ,obes, -oveno--eneal of the Philippine 2slands, B.E. 1adin( and C.R. To#bid(e, Chief of Police
and Chief of the 'ecet 'evice of the Cit" of Manila, espectivel", fo dama(es fo alle(edl" conspiin( to depot
him to China. 2n (antin( a #it of pohibition, this Cout, spea.in( thu M. Bustice Bohnson, held0
XThe pinciple of nonliabilit", as heein enunciated, does not mean that the 8udicia" has no authoit" to touch the
acts of the -oveno--enealI that he ma", unde cove of his office, do #hat he #ill, unimpeded and
unestained. 'uch a constuction #ould mean that t"ann", unde the (uise of the e3ecution of the la#, could
#al. defiantl" aboad, desto"in( i(hts of peson and of popet", #holl" fee fom intefeence of couts o
le(islatues. This does not mean, eithe, that a peson in8ued b" the e3ecutive authoit" b" an act un8ustifiable
unde the la# has no emed", but must submit in silence. 6n the conta", it means, simpl", that the -oveno-
-eneal, li.e the 8ud(es of the couts and the membes of the =e(islatue, ma" not be pesonall" mulcted in civil
dama(es fo the conse!uences of an act e3ecuted in the pefomance of his official duties. The 8udicia" has full
po#e to, and #ill, #hen the matte is popel" pesented to it and the occasion 8ustl" #aants it, declae an act of
the -oveno--eneal ille(al and void and place as neal" as possible in status 2uo an" peson #ho has been
depived his libet" o his popet" b" such act. This emed" is assued to eve" peson, ho#eve humble o of
#hateve count", #hen his pesonal o popet" i(hts have been invaded, even b" the hi(hest authoit" of the
state. The thin( #hich the 8udicia" can not do is mulct the -oveno--eneal pesonall" in dama(es #hich esult
fom the pefomance of his official dut", an" moe that it can a membe of the Philippine Commission o the
Philippine Assembl". Public polic" fobids it.
Neithe does this pinciple of nonliabilit" mean that the chief e3ecutive ma" not be pesonall" sued at all in elation
to acts #hich he claims to pefom as such official. 6n the conta", it cleal" appeas fom the discussion
heetofoe had, paticulal" that potion #hich touched the liabilit" of 8ud(es and de# an analo(" bet#een such
liabilit" and that of the -oveno--eneal, that the latte is liable #hen he acts in a case so plainl" outside of his
po#e and authoit" that he can not be said to have e3ecise discetion in deteminin( #hethe o not he had the
i(ht to act. ;hat is held hee is that he #ill be potected fom pesonal liabilit" fo dama(es not onl" #hen he
acts #ithin his authoit", but also #hen he is #ithout authoit", povided he actuall" used discetion and 8ud(ment,
that is, the 8udicial facult", in deteminin( #hethe he had authoit" to act o not. 2n othe #ods, he is entitled to
potection in determinin) the 2uestion of his authority. 2f he decide #on(l", he is still potected povided the
!uestion of his authoit" #as one ove #hich t#o men, easonabl" !ualified fo that position, mi(ht honestl" diffeI
but he is not potected if the lac. of authoit" to act is so plain that t#o such men could not honestl" diffe ove its
detemination. 2n such case, he acts, not as -oveno--eneal but as a pivate individual, and, as such, must
ans#e fo the conse!uences of his act.Y
M. Bustice Bohnson undescoed the conse!uences if the Chief E3ecutive #as not (anted immunit" fom
suit, viz0 X3 3 3. Action upon impotant mattes of state dela"edI the time and substance of the chief e3ecutive
spent in #an(lin( liti(ationI disespect en(endeed fo the peson of one of the hi(hest officials of the 'tate and
fo the office he occupiesI a tendenc" to unest and disodeI esultin( in a #a", in a distust as to the inte(it" of
(ovenment itself.Y
F1*%G
6u 193+ Co&'t%t,t%o& too. effect but it /%/ &ot co&t$%& $&2 '#ec%4%c #ro3%'%o& o& eBec,t%3e
%99,&%t2. Then came the tumult of the matial la# "eas unde the late Pesident ,edinand E. Macos and
the 19)3 Co&'t%t,t%o& #as bon. 2n 1+H1, it #as amended and o&e o4 t1e $9e&/9e&t' %&3o63e/ eBec,t%3e
%99,&%t2. 'ection 1/, Aticle E22 stated0
XThe Pesident shall be immune fom suit duin( his tenue. Theeafte, no suit #hatsoeve shall lie fo official
acts done b" him o b" othes pusuant to his specific odes duin( his tenue.
1/$
The immunities heein povided shall appl" to the incumbent Pesident efeed to in Aticle DE22 of this
Constitution.Y
2n his second Eicente -. 'inco Pofessional Chai =ectue entitled, X Pesidential 2mmunit" And All The 9in(Ws
Men0 The =a# 6f Pivile(e As A 7efense To Actions ,o 7ama(es,Y
F1*&G
petitioneWs leaned counsel, fome 7ean
of the <P colle(e of =a#, Att". Pacifico A(abin, bi(htlined the modifications effected b" this constitutional
amendment on the e3istin( la# on e3ecutive pivile(e. To !uote his dis!uisition0
X2n the Philippines, thou(h, #e sou(ht to do the Ameicans one bette b" enla(in( and fotif"in( the absolute
immunit" concept. ,ist, #e e3tended it to shield the Pesident not onl" fom civil claims but also fom ciminal
cases and othe claims. 'econd, #e enla(ed its scope so that it #ould cove even acts of the Pesident outside
the scope of official duties. And thid, #e boadened its covea(e so as to include not onl" the Pesident but also
othe pesons, be the" (ovenment officials o pivate individuals, #ho acted upon odes of the Pesident. 2t can
be said that at that point most of us #ee suffein( fom A27' >o absolute immunit" defense s"ndome?.Y
T1e O##o'%t%o& %& t1e t1e& 0$t$'$& P$9b$&'$ 'o,-1t t1e re#e$6 o4 t1%' M$rco'%$& co&ce#t o4 eBec,t%3e
%99,&%t2 %& t1e 19)3 Co&'t%t,t%o&. The move #as led b" then Membe of Paliament, no# 'eceta" of
,inance, Albeto Romulo, #ho a(ued that the $4ter %&c,9be&c2 %99,&%t2 (anted to Pesident Macos violated
the pinciple that a public office is a public tust. 1e denounced the immunit" as a etun to the anachonism Xthe
.in( can do no #on(.Y
F1*/G
The effot failed.
The 1+/@ Constitution ceased to e3ist #hen Pesident Macos #as ousted fom office b" the People Po#e
evolution in 1+H&. ;hen the 198) Co&'t%t,t%o& #as cafted, %t' 4r$9er' /%/ &ot ree&$ct the e3ecutive
immunit" povision of the 1+/@ Constitution. The follo#in( eB#6$&$t%o& #as (iven b" dele(ate B. Benas, viz0
F1*HG
XM. 'uae5. Than. "ou.
The last !uestion is #ith efeence to the committeeWs omittin( in the daft poposal the immunit" povision fo the
Pesident. 2 a(ee #ith Commissione Nolledo that the Committee did ve" #ell in sti.in( out this second
sentence, at the ve" least, of the oi(inal povision on immunit" fom suit unde the 1+/@ Constitution. But #ould
the Committee membes not a(ee to a estoation of at least the fist sentence that the Pesident shall be
immune fom suit duin( his tenue, considein( that if #e do not povide him that .ind of an immunit", he mi(ht
be spendin( all his time facin( liti(ations, as the Pesident-in-e3ile in 1a#aii is no# facin( liti(ations almost dail"4
,. Benas. The eason fo the omission is that #e conside it undestood in pesent 8uispudence that duin( his
tenue he is immune fom suit.
M. 'uae5. 'o thee is no need to e3pess it hee.
,. Benas. Thee is no need. 2t #as that #a" befoe. The onl" innovation made b" the 1+/@ Constitution #as to
ma.e that e3plicit and to add othe thin(s.
M. 'uae5. 6n that undestandin(, 2 #ill not pess fo an" moe !ue", Madam Pesident.
2 than. the Commissione fo the claification.Y
;e shall no# ule on the contentions of petitione in the li(ht of this histo". ;e e8ect his a(ument that he
cannot be posecuted fo the eason that he must fist be convicted in the impeachment poceedin(s. The
impeachment tial of petitione Estada #as aboted b" the #al.out of the posecutos and b" the events that led
to his loss of the pesidenc". 2ndeed, on ,ebua" /, $**1, the 'enate passed 'enate Resolution No. H@
XReco(ni5in( that the 2mpeachment Cout is :unctus 5fficio.Y
F1*+G
'ince the 2mpeachment Cout is no# functus
officio, it is untenable fo petitione to demand that he should fist be impeached and then convicted befoe he can
be posecuted. The plea if (anted, #ould put a pepetual ba a(ainst his posecution. 'uch a submission has
nothin( to commend itself fo it #ill place him in a bette situation than a non-sittin( Pesident #ho has not been
1/@
sub8ected to impeachment poceedin(s and "et can be the ob8ect of a ciminal posecution. To be sue, the
debates in the Constitutional Commission ma.e it clea that #hen impeachment poceedin(s have become moot
due to the esi(nation of the Pesident, the pope ciminal and civil cases ma" alead" be filed a(ainst him, viz0
F11*G
X3 3 3
M. A!uino. 6n anothe point, if an impeachment poceedin( has been filed a(ainst the Pesident, fo
e3ample, and the Pesident esi(ns befoe 8ud(ment of conviction has been endeed b" the impeachment
cout o b" the bod", ho# does it affect the impeachment poceedin(4 ;ill it be necessail" dopped4
M. Romulo. 2f #e decide the pupose of impeachment to emove one fom office, then his esi(nation #ould
ende the case moot and academic. 1o#eve, as the povision sa"s, the ciminal and civil aspects of it ma"
continue in the odina" couts.Y
This is in accod #ith ou ulin( in & reA S$t,r&%&o 0er9,/e5
F111G
that Xincumbent Pesidents ae immune
fom suit o fom bein( bou(ht to cout duin( the peiod of thei incumbenc" and tenueY b,t &ot
be2o&/. Considein( the peculia cicumstance that the impeachment pocess a(ainst the petitione has been
aboted and theeafte he lost the pesidenc", petitione Estada cannot demand as a condition sine 2ua non to
his ciminal posecution befoe the 6mbudsman that he be convicted in the impeachment poceedin(s. 1is
eliance in the case of Lec$ro5 3'. S$&/%-$&b$2$&
F11$G
and elated cases
F11@G
ae inapopos fo the" have a
diffeent factual milieu.
;e no# come to the 'co#e o4 %99,&%t2 that can be claimed b" petitione as a non-sittin(
Pesident. The c$'e' filed a(ainst petitione Estada ae cr%9%&$6 %& c1$r$cter. T1e2 %&3o63e #6,&/er, br%ber2
$&/ -r$4t $&/ corr,#t%o&. B" no stetch of the ima(ination can these cimes, especiall" plunde #hich caies
the death penalt", be coveed b" the alle(e mantle of immunit" of a non-sittin( pesident. Petitione cannot cite
an" decision of this Cout licensin( the Pesident to commit ciminal acts and #appin( him #ith post-tenue
immunit" fom liabilit". t D%66 be $&o9$6o,' to 1o6/ t1$t %99,&%t2 %' $& %&oc,6$t%o& 4ro9 6%$b%6%t2 4or
,&6$D4,6 $ct' $&/ o9%''%o&'. The ule is that unla#ful acts of public officials ae not acts of the 'tate and the
office #ho acts ille(all" is not actin( as such but stands in the same footin( as an" othe tespasse.
F11AG
2ndeed, a
citical eadin( of cuent liteatue on e3ecutive immunit" #ill eveal a F,/%c%$6 /%'%&c6%&$t%o& to eB#$&/ t1e
#r%3%6e-e especiall" D1e& %t %9#e/e' t1e 'e$rc1 4or tr,t1 or %9#$%r' t1e 3%&/%c$t%o& o4 $ r%-1t. 2n the 19)4
c$'e o4 US 3. N%Bo&,
F11%G
<' Pesident Richad Ni3on, $ '%tt%&- Pre'%/e&t, #as subpoenaed to poduce cetain
ecodin(s and documents elatin( to his convesations #ith aids and advises. 'even advises of Pesident
Ni3onWs associates #ee facin( cha(es of conspiac" to obstuct 8ustice and othe offenses #hich #ee
committed in a bu(la" of the 7emocatic National 1ead!uates in ;ashin(tonWs ;ate(ate 1otel duin( the
1+/$ pesidential campai(n. Pesident Ni3on himself #as named an unindicted co-conspiato. Pesident Ni3on
moved to !uash the subpoena on the (ound, amon( othes, that the Pesident #as not sub8ect to 8udicial pocess
and that he should fist be impeached and emoved fom office befoe he could be made amenable to 8udicial
poceedin(s. The claim #as e8ected b" the <' 'upeme Cout. 2t concluded that X#hen the (ound fo
assetin( pivile(e as to subpoenaed mateials sou(ht fo use in a ciminal tial is based onl" on the (eneali5ed
inteest in confidentialit", it cannot pevail ove the fundamental demands of due pocess of la# in the fai
administation of ciminal 8ustice.Y 2n the 1982 c$'e o4 N%Bo& 3. F%t5-er$6/,
F11&G
the <' 'upeme Cout futhe
held that the immunit" of the Pesident fom c%3%6 /$9$-e' co3er' o&62 Qo44%c%$6 $ct'.R Recentl", the <'
'upeme Cout had the occasion to eiteate this doctine in the case of C6%&to& 3. .o&e'
F11/G
#hee it held that
the <' PesidentWs immunit" fom suits fo mone" dama(es aisin( out of thei official acts is inapplicable to
unofficial conduct.
T1ere $re 9ore re$'o&' &ot to be '29#$t1et%c to $##e$6' to 'tretc1 t1e 'co#e o4 eBec,t%3e %99,&%t2
%& o,r F,r%'/%ct%o&. 6ne of the (eat themes of the 1+H/ Constitution is that $ #,b6%c o44%ce %' $ #,b6%c tr,'t.
F11HG
2t declaed as a state polic" that X>t?he 'tate shall maintain honest" and inte(it" in the public sevice and ta.e
positive and effective measues a(ainst (aft and couption.)
F11+G
2t odained that X>p?ublic offices and emplo"ees
must at all times be accountable to the people, seve them #ith utmost esponsibilit", inte(it", lo"alt", and
efficienc", act #ith patiotism and 8ustice, and lead modest lives.Y
F1$*G
2t set the ule that X>t?he i(ht of the 'tate to
ecove popeties unla#full" ac!uied b" public officials o emplo"ees, fom them o fom thei nominees o
1/A
tansfeees, shall not be baed b" pesciption, laches o estoppel.Y
F1$1G
2t maintained the 'andi(anba"an as an
anti-(aft cout.
F1$$G
2t ceated the office of the 6mbudsman and endo#ed it #ith enomous po#es, amon( #hich is
to )>i?nvesti(ate on its o#n, o on complaint b" an" peson, an" act o omission of an" public official, emplo"ee,
office o a(enc", #hen such act o omission appeas to be ille(al, un8ust, impope, o inefficient.Y
F1$@G
The 6ffice of
the 6mbudsman #as also (iven fiscal autonom".
F1$AG
T1e'e co&'t%t,t%o&$6 #o6%c%e' D%66 be /e3$6,e/ %4 De
','t$%& #et%t%o&erO' c6$%9 t1$t $ &o&-'%tt%&- #re'%/e&t e&Fo2' %99,&%t2 4ro9 ',%t 4or cr%9%&$6 $ct'
co99%tte/ /,r%&- 1%' %&c,9be&c2.
7
:1et1er or &ot t1e #ro'ec,t%o& o4 #et%t%o&er E'tr$/$ '1o,6/ be e&Fo%&e/ /,e to #reF,/%c%$6 #,b6%c%t2
Petitione also contends that the espondent 6mbudsman should be stopped fom conductin( the
investi(ation of the cases filed a(ainst him due to the baa(e of pe8udicial publicit" on his (uilt. 1e submits that
the espondent 6mbudsman has developed bias and is all set to file the ciminal cases in violation of his i(ht to
due pocess.
Thee ae t#o >$? pincipal le(al and philosophical schools of thou(ht on ho# to deal #ith the ain of
unestained publicit" duin( the investi(ation and tial of hi(h pofile cases.
F1$%G
The 0r%t%'1 $##ro$c1 the poblem
#ith the#re',9#t%o& that publicit" #ill pe8udice a 8u". Thus, En(lish couts eadil" sta" and stop ciminal tials
#hen the i(ht of an accused to fai tial suffes a theat.
F1$&G
The !9er%c$& $##ro$c1 is diffeent. <' couts
assume a'Ee#t%c$6 appoach about the potential effect of pevasive publicit" on the i(ht of an accused to a fai
tial. The" have developed diffeent stains of tests to esolve this issue, i.e." substantial pobabilit" of iepaable
ham, ston( li.elihood, clea and pesent dan(e, etc.
This is &ot t1e 4%r't t%9e the issue of tial b" publicit" has been aised in this Cout to stop the tials o annul
convictions in hi(h pofile ciminal cases.
F1$/G
2n Peo#6e 3'. Tee1$&Eee, .r.,
F1$HG
late eiteated in the case
ofL$rr$&$-$ 3'. Co,rt o4 !##e$6', et $6.,
F1$+G
#e laid do#n the doctine that0
X;e cannot sustain appellantWs claim that he #as denied the i(ht to impatial tial due to pe8udicial publicit". 2t is
tue that the pint and boadcast media (ave the case at ba pevasive publicit", 8ust li.e all hi(h pofile and hi(h
sta.e ciminal tials. 8hen and no!" !e no! rule that the ri)ht of an accused to a fair trial is not incompatible to a
free press. To be sue, esponsible epotin( enhances an accusedWs i(ht to a fai tial fo, as #ell pointed out, a
esponsible pess has al#a"s been e(aded as the handmaiden of effective 8udicial administation, especiall" in
the ciminal field 3 3 3. The pess does not simpl" publish infomation about tials but (uads a(ainst the
miscaia(e of 8ustice b" sub8ectin( the police, posecutos, and 8udicial pocesses to e3tensive public scutin" and
citicism.
Pevasive publicit" is not per se pe8udicial to the i(ht of an accused to fai tial. The mee fact that the tial of
appellant #as (iven a da"-to-da", (avel-to-(avel covea(e does not by itself pove that the publicit" so pemeated
the mind of the tial 8ud(e and impaied his impatialit". ,o one, it is impossible to seal the minds of membes of
the bench fom pe-tial and othe off-cout publicit" of sensational ciminal cases. The state of the at of ou
communication s"stem bin(s ne#s as the" happen stai(ht to ou bea.fast tables and i(ht to ou
bedooms. These ne#s fom pat of ou eve"da" menu of the facts and fictions of life. ,o anothe, ou idea of a
fai and impatial 8ud(e is not that of a hemit #ho is out of touch #ith the #old. ;e have not installed the 8u"
s"stem #hose membes ae ovel" potected fom publicit" lest the" lose thei impatialit". 3 3 3 3 3
3 3 3 3. 6u 8ud(es ae leaned in the la# and tained to dise(ad off-cout evidence and on-camea
pefomances of paties to a liti(ation. Thei mee e3posue to publications and publicit" stunts does not per
se fatall" infect thei impatialit".
At best, appellant can onl" con8ue possibility of pre*udice on the pat of the tial 8ud(e due to the baa(e of
publicit" that chaactei5ed the investi(ation and tial of the case. 2n Martelino" et al. v. Ale*andro" et al." #e
e8ected this standad of possibilit" of pe8udice and adopted the test of actual pre*udice as #e uled that to
#aant a findin( of pe8udicial publicit", thee must be alle(ation and poof that the 8ud(es have been undul"
1/%
influenced, not simpl" that the" mi(ht be, b" the baa(e of publicit". 2n the case at ba, the ecods do not sho#
that the tial 8ud(e developed actual bias a(ainst appellant as a conse!uence of the e3tensive media covea(e of
the pe-tial and tial of his case. The totality of circumstances of the case does not pove that the tial 8ud(e
ac!uied a fi0ed opinion as a esult of pe8udicial publicit" #hich is incapable if chan(e even b" evidence
pesented duin( the tial. Appellant has the buden to pove this actual bias and he has not discha(ed the
buden.Y
;e e3pounded futhe on this doctine in the subse!uent case of :ebb 3'. Ho&. R$,6 /e Leo&, etc.
F1@*G
and
its companion cases. viz.D
XA(ain, petitiones aise the effect of pe8udicial publicit" on thei i(ht to due pocess #hile unde(oin( pelimina"
investi(ation. ;e find no pocedual impediment to its eal" invocation considein( the substantial is. to thei
libet" #hile unde(oin( a pelimina" investi(ation.
3 3 3
The democatic settin(s, media covea(e of tials of sensational cases cannot be avoided and oftentimes, its
e3cessiveness has been a((avated b" .inetic developments in the telecommunications indust". ,o sue, fe#
cases can match the hi(h volume and hi(h velocit" of publicit" that attended the pelimina" investi(ation of the
case at ba. 6u dail" diet of facts and fiction about the case continues unabated even toda". Commentatos still
bombad the public #ith vie#s not too man" of #hich ae sobe and sublime. 2ndeed, even the pincipal actos in
the case M the NB2, the espondents, thei la#"es and thei s"mpathi5es M have paticipated in this media
blit5. The possibilit" of media abuses and thei theat to a fai tial not#ithstandin(, ciminal tials cannot be
completel" closed to the pess and public. 2nn the seminal case of Richmond Ne!spapers" ,nc. v. Vir)inia" it #as
#isel" held0
Z3 3 3
>a? The histoical evidence of the evolution of the ciminal tial in An(lo-Ameican 8ustice demonstates
conclusivel" that the time this NationWs o(anic la#s #ee adopted, ciminal tials both hee and in En(land had
lon( been pesumptivel" open, thus (ivin( assuance that the poceedin(s #ee conducted fail" to all concened
and discoua(in( pe8u", the misconduct of paticipants, o decisions based on secet bias o patialit". 2n
addition, the si(nificant communit" theapeutic value of public tials #as eco(ni5ed0 #hen a shoc.in( cime
occus, a communit" eaction of outa(e and public potest often follo#s, and theeafte the open pocesses of
8ustice seve an impotant poph"lactic pupose, povidin( an outlet fo communit" concen, hostilit", and
emotion. To #o. effectivel", it is impotant that societ"Ws ciminal pocess Zsatisf" the appeaance of 8ustice,W
6ffutt v. <nited 'tates, @AH <' 11, 1A, ++ = Ed 11, /% ' Ct 11, #hich can best be povided b" allo#in( people to
obseve such pocess. ,om this unbo.en, uncontadicted histo", suppoted b" easons as valid toda" as in
centuies past, it must be concluded that a pesumption of openness inhees in the ve" natue of a ciminal tial
unde this NationWs s"stem of 8ustice, Cf., e.(., =evine v. <nited 'tates, @&$ <' &1*, A = Ed $d +H+, H* ' Ct 1*@H.
>b? The feedoms of speech, pess, and assembl", e3pessl" (uaanteed b" the ,ist Amendment, shae a
common coe pupose of assuin( feedom of communication on mattes elatin( to the functionin( of
(ovenment. 2n (uaanteein( feedoms such as those of speech and pess, the ,ist Amendment can be ead as
potectin( the i(ht of eve"one to attend tials so as (ive meanin( to those e3plicit (uaanteesI the ,ist
Amendment i(ht to eceive infomation and ideas means, in the conte3t of tials, that the (uaantees of speech
and pess, standin( alone, pohibit (ovenment fom summail" closin( coutoom doos #hich had lon( been
open to the public at the time the ,ist Amendment #as adopted. Moeove, the i(ht of assembl" is also elevant,
havin( been e(aded not onl" as an independent i(ht but also as a catal"st to au(ment the fee e3ecise of the
othe ,ist Amendment i(hts #ith #hich it #as delibeatel" lin.ed b" the daftsmen. A tial coutoom is a public
place #hee the people (eneall" M and epesentatives of the media M have a i(ht to be pesent, and #hee thei
pesence histoicall" has been thou(ht to enhance the inte(it" and !ualit" of #hat ta.es place.
1/&
>c? Even thou(h the Constitution contains no povision #hich b" its tems (uaantees to the public the i(ht to
attend ciminal tials, vaious fundamental i(hts, not e3pessl" (uaanteed, have been eco(ni5ed as
indispensable to the en8o"ment of enumeated i(hts. The i(ht to attend ciminal tial is implicit in the (uaantees
of the ,ist Amendment0 #ithout the feedom to attend such tials, #hich people have e3ecised fo centuies,
impotant aspects of feedom of speech and of the pess could be evisceated.W
Be that as it ma", #e eco(ni5e that pevasive and pe8udicial publicit" unde cetain cicumstances can depive
an accused of his due pocess i(ht to fai tial. Thus, in Martelino" et al. vs. Ale*andro, et al." #e held that to
#aant a findin( of pe8udicial publicit" thee must be allegation and proof that the 8ud(es have been undul"
influenced, not simpl" that the" mi(ht be, b" the baa(e of publicit". 2n the case at ba, #e find nothin( in the
ecods that #ill pove that the tone and content of the publicit" that attended the investi(ation of petitiones fatall"
infected the fainess and impatialit" of the 76B Panel. Petitiones cannot 8ust el" on the subliminal effects of
publicit" on the sense of fainess of the 76B Panel, fo these ae basicall" unbe.no#n and be"ond .no#in(. To
be sue, the 76B Panel is composed of an Assistant Chief 'tate Posecuto and 'enio 'tate Posecutos. Thei
lon( e3peience in ciminal investi(ation is a facto to conside in deteminin( #hethe the" can easil" be blinded
b" the .lie( li(hts of publicit". 2ndeed, thei $&-pa(e Resolution caies no indubitable indicia of bias fo it does
not appea that the" consideed an" e3ta-ecod evidence e3cept evidence popel" adduced b" the paties. The
len(th of time the investi(ation #as conducted despite its summa" natue and the (eneosit" #ith #hich the"
accommodated the discove" motions of petitiones spea. #ell of thei fainess. At no instance, #e note, did
petitiones see. the dis!ualification of an" membe of the 76B Panel on the (ound of bias esultin( fom thei
bombadment of pe8udicial publicit".Y >emphasis supplied?
Appl"in( the above ulin(, #e hold that t1ere %' &ot e&o,-1 e3%/e&ce to D$rr$&t t1%' Co,rt to e&Fo%& t1e
#re6%9%&$r2 %&3e't%-$t%o& o4 t1e #et%t%o&er b2 t1e re'#o&/e&t O9b,/'9$&. Petitione needs to offe moe
than hostile headlines to discha(e his buden of poof.
F1@1G
1e needs to sho# moe #ei(ht" social science
evidence to successfull" pove the impaied capacit" of a 8ud(e to ende a bias-fee decision. ;ell to note, the
cases a(ainst the petitione ae 't%66 ,&/er-o%&- pelimina" investi(ation b" a special panel of posecutos in the
office of the espondent 6mbudsman. No alle(ation #hatsoeve has been made b" the petitione that the minds
of the membes of this special panel have alead" been infected b" bias because of the pevasive pe8udicial
publicit" a(ainst him. 2ndeed, the special panel has "et to come out #ith its findin(s and the Cout cannot second
(uess #hethe its ecommendation #ill be unfavoable to the petitione.
The ecods sho# that petitione has instead cha(ed espondent 6mbudsman himself #ith bias. To !uote
petitioneWs submission, the espondent 6mbudsman Xhas been influenced b" the baa(e of slanted ne#s
epots, and he has buc.led to the theats and pessues diected at him b" the mobs.Y
F1@$G
Ne#s epots have also
been !uoted to establish that the espondent 6mbudsman has alead" pe8ud(ed the cases of the
petitione
F1@@G
and it is postulated that the posecutos investi(atin( the petitione #ill be influenced b" this bias of
thei supeio.
A(ain, #e hold that the e3%/e&ce poffeed b" the petitione is %&',b't$&t%$6. The accuac" of the ne#s
epots efeed to b" the petitione cannot be the sub8ect of 8udicial notice b" this Cout especiall" in li(ht of the
denials ofthe espondent 6mbudsman as to his alle(ed pe8udice and the pesumption of (ood faith and e(ulait"
in the pefomance of official dut" to #hich he is entitled. Nor c$& De $/o#t t1e t1eor2 o4 /er%3$t%3e #reF,/%ce
o4 #et%t%o&er, %.e., t1$t t1e #reF,/%ce o4 re'#o&/e&t O9b,/'9$& 46oD' to 1%' ',bor/%&$te'. 2n tuth, ou
Revised Rules of Ciminal Pocedue, (ive investi(atin( posecutos the independence to ma.e thei o#n findin(s
and ecommendations albeit the" ae evie#able b" thei supeios.
F1@AG
The" can be evesed but the" can not be
compelled to chan(e thei ecommendations no can the" be compelled to posecute cases #hich the" believe
deseve dismissal. 2n othe #ods, investi(atin( posecutos should not be teated li.e unthin.in( slot machines.
Moeove, if the espondent 6mbudsman esolves to file the cases a(ainst the petitione and the latte believes
that the findin( of pobable cause a(ainst him is the esult of bias, he still has the emed" of assailin( it befoe the
pope cout.
7.
E#%6o-,e
1//
A #od of caution to the Xhootin( thon(.Y The cases a(ainst the petitione #ill no# ac!uie a diffeent
dimension and then move to a ne# sta(e - - - the 6ffice of the 6mbudsman. Pedictabl", the call fom the ma8oit"
fo instant 8ustice #ill hit a hi(he decibel #hile the (nashin( of teeth of the minoit" #ill be moe theatenin(. 2t is
the saced dut" of the espondent 6mbudsman to balance the i(ht of the 'tate to posecute the (uilt" and the
i(ht of an accused to a fai investi(ation and tial #hich has been cate(oi5ed as the Xmost fundamental of all
feedoms.Y
F1@%G
To be sue, the dut" of a posecuto is moe to do 8ustice and less to posecute. 1is is the obli(ation
to insue that the pelimina" investi(ation of the petitione shall have a cicus-fee atmosphee. 1e has to povide
the estaint a(ainst #hat =od B"ce calls Xthe impatient vehemence of the ma8oit".Y Ri(hts in a democac" ae
not decided b" the mob #hose 8ud(ment is dictated b" a(e and not b" eason. No ae i(hts necessail"
esolved b" the po#e of numbe fo in a democac", the do(matism of the ma8oit" is not and should neve be the
definition of the ule of la#. 2f democac" has poved to be the best fom of (ovenment, it is because it has
espected the i(ht of the minoit" to convince the ma8oit" that it is #on(. Toleance of multifomit" of thou(hts,
ho#eve offensive the" ma" be, is the .e" to manWs po(ess fom the cave to civili5ation. =et us not tho# a#a"
that .e" 8ust to pande to some peopleWs pe8udice.
N 7E: :HEREOF, the petitions of Boseph E8ecito Estada challen(in( the espondent -loia Macapa(al-
Ao"o as the de *ure 1Ath Pesident of the Republic ae 72'M2''E7.
SO OR"ERE".
;ellosillo" Melo" Fuisumbin)" Gonza)a-Reyes" and >e Leon" 6r." 66." concu.
>avide" 6r." (.6." no pat in vie# of e3pession (iven in the open cout and in the e3tended e3planation.
Vitu)" 6." see concuin( opinion.
-apunan" 6." concu in the esult and eseve the i(ht to #ite a sepaate opinion.
Mendoza" 6." see concuin( opinion.
an)aniban" 6." no pat pe lette of 2nhibition dated ,eb. 1%, $*** mention in footnote %1 of ponencia.
ardo" 6." in the esultI believes that petitione #as constained to esi(n and eseve his vote in immunit"
fom suit
;uena" 6." in the esult.
9nares-'antia)o" 6." concu in the esult and eseve the filin( of a sepaate opinion.
'andoval-Gutierrez" 6." concu in the esult and eseve the i(ht to #ite a sepaate opinion.
Republic of the Philippines
SUPREME COURT
Manila
EN 0!NC
G.R. No. 1)*6+6 !,-,'t 1+, 2**)
THE METROPOLT!N M!NL! "E7ELOPMENT !UTHORT; $&/ 0!;!N FERN!N"O $' C1$%r9$& o4 t1e
Metro#o6%t$& M$&%6$ "e3e6o#9e&t !,t1or%t2, petitiones,
vs.
7RON TR!NSPORT!TON CO., NC., espondent.
3 --------------------------------------------- 3
G.R. No. 1)*6+) !,-,'t 1+, 2**)
HON. !L0ERTO G. ROMULO, EBec,t%3e Secret$r2, t1e METROPOLT!N M!NL! "E7ELOPMENT
!UTHORT; $&/ 0!;!N FERN!N"O $' C1$%r9$& o4 t1e Metro#o6%t$& M$&%6$ "e3e6o#9e&t
!,t1or%t2,petitiones,
1/H
vs.
MENCORP TR!NSPORT!TON S;STEM, NC., espondent.
" E C S O N
C!RPO MOR!LES, J.:
The follo#in( conditions in 1+&+, as obseved b" this Cout0
Eehicles have inceased in numbe. Taffic con(estion has moved fom bad to #ose, fom toleable to
citical. The numbe of people #ho use the thoou(hfaes has multiplied 3 3 3,
1
have emained unchec.ed and have evebeated to this da". Taffic 8ams continue to clo( the steets of Meto
Manila, bin(in( vehicles to a standstill at main oad ateies duin( ush hou taffic and sappin( peopleWs
ene(ies and patience in the pocess.
The pesent petition fo evie# on cetioai, ooted in the taffic con(estion poblem, !uestions the authoit" of the
Metopolitan Manila 7evelopment Authoit" >MM7A? to ode the closue of povincial bus teminals alon(
Epifanio de los 'antos Avenue >E7'A? and ma8o thoou(hfaes of Meto Manila.
'pecificall" challen(ed ae t#o 6des issued b" Bud(e 'ilvino T. Pampilo, B. of the Re(ional Tial Cout >RTC?
of Manila, Banch $& in Civil Case Nos. *@-1*%H%* and *@-1*&$$A.
The fist assailed 6de of 'eptembe H, $**%,
$
#hich esolved a motion fo econsideation filed b" heein
espondents, declaed E3ecutive 6de >E.6.? No. 1/+, heeafte efeed to as the E.6., )unconstitutional as it
constitutes an uneasonable e3ecise of police po#e.) The second assailed 6de of Novembe $@, $**%
@
denied
petitionesW motion fo econsideation.
The follo#in( facts ae not disputed0
Pesident -loia Macapa(al Ao"o issued the E.6. on ,ebua" 1*, $**@, )Povidin( fo the
Establishment of -eate Manila Mass Tanspot '"stem,) the petinent potions of #hich ead0
:HERE!S, Meto Manila continues to be the cente of emplo"ment oppotunities, tade
and commece of the -eate Meto Manila aeaI
:HERE!S, the taffic situation in Meto Manila has affected the ad8acent povinces of
Bulacan, Cavite, =a(una, and Ri5al, o#in( to the continued movement of esidents and
industies to moe affodable and economicall" viable locations in these povincesI
:HERE!S, the Metopolitan Manila 7evelopment Authoit" >MM7A? is tas.ed to
undeta.e measues to ease taffic con(estion in Meto Manila and ensue the
convenient and efficient tavel of commutes #ithin its 8uisdictionI
:HERE!S, a pima" cause of taffic con(estion in Meto Manila has been the
numeous buses pl"in( the steets that impedes FsicG the flo# of vehicles and commutes
due to the inefficient connectivit" of the diffeent tanspot modesI
:HERE!S, the MM7A has ecommended a plan to decon(est taffic b" eliminatin( the
bus teminals no# located alon( ma8o Meto Manila thoou(hfaes and povidin( moe
convenient access to the mass tanspot s"stem to the commutin( public thou(h the
povision of mass tanspot teminal facilities that #ould inte(ate the e3istin( tanspot
modes, namel" the buses, the ail-based s"stems of the =RT, MRT and PNR and to
1/+
facilitate and ensue efficient tavel thou(h the impoved connectivit" of the diffeent
tanspot modesI
:HERE!S, the national (ovenment must povide the necessa" fundin( e!uiements
to immediatel" implement and ende opeational these po8ectsI and e3tent to MM7A
such othe assistance as ma" be #aanted to ensue thei e3peditious posecution.
NO:, THEREFORE, , GLOR! M!C!P!G!L-!RRO;O, Pesident of the Philippines,
b" vitue of the po#es vested in me b" la#, do heeb" ode0
Sect%o& 1. *@# POJ#C*. M The po8ect shall be identified as -REATER MAN2=A
TRAN'P6RT 'K'TEM Po8ect.
Sect%o& 2. POJ#C* OBJ#C*I3#S. M 2n accodance #ith the plan poposed b" MM7A,
the po8ect aims to develop fou >A? inteim intemodal mass tanspot teminals to
inte(ate the diffeent tanspot modes, as #ell as those that shall heeafte be
developed, to seve the commutin( public in the noth#est, noth, east, south, and
south#est of Meto Manila. 2nitiall", the po8ect shall concentate on immediatel"
establishin( the mass tanspot teminals fo the noth and south Meto Manila
commutes as heeinafte descibed.
Sect%o& 3. POJ#C* IMP'#M#8*I85 A5#8CA. M The Metro#o6%t$& M$&%6$
"e3e6o#9e&t !,t1or%t2 LMM"!M , is heeb" desi(nated as the implementin( A(enc" fo
the po8ect. ,o this pupose, MM7A is diected to undeta.e such infastuctue
development #o. as ma" be necessa" and, theeafte, mana(e the po8ect until it ma"
be tuned-ove to moe appopiate a(encies, if found suitable and convenient.
'pecificall", MM7A shall have the follo#in( functions and esponsibilities0
a? Cause the pepaation of the Maste Plan fo the po8ects, includin(
the desi(ns and costin(I
b? Coodinate the use of the land andLo popeties needed fo the po8ect
#ith the espective a(encies andLo entities o#nin( themI
c? 'upevise and mana(e the constuction of the necessa" stuctues
and facilitiesI
d? E3ecute such contacts o a(eements as ma" be necessa", #ith the
appopiate (ovenment a(encies, entities, andLo pivate pesons, in
accodance #ith e3istin( la#s and petinent e(ulations, to facilitate the
implementation of the po8ectI
e? Accept, mana(e and disbuse such funds as ma" be necessa" fo the
constuction andLo implementation of the po8ects, in accodance #ith
pevailin( accountin( and audit polices and pactice in (ovenment.
f? Enlist the assistance of an" national (ovenment a(enc", office o
depatment, includin( local (ovenment units, (ovenment-o#ned o
contolled copoations, as ma" be necessa"I
(? Assi(n o hie the necessa" pesonnel fo the above puposesI and
1H*
h? Pefom such othe elated functions as ma" be necessa" to enable it
to accomplish the ob8ectives and puposes of this E3ecutive
6de.
A
>Emphasis in the oi(inalI undescoin( supplied?
As the above-!uoted potions of the E.6. noted, the pima" cause of taffic con(estion in Meto Manila has been
the numeous buses pl"in( the steets and the inefficient connectivit" of the diffeent tanspot modesI
%
and the
MM7A had )ecommended a plan to decon(est taffic b" eliminatin( the bus teminals no# located alon( ma8o
Meto Manila thoou(hfaes and povidin( moe and convenient access to the mass tanspot s"stem to the
commutin( public thou(h the povision of mass tanspot teminal facilities)
&
#hich plan is efeed to unde the
E.6. as the -eate Manila Mass Tanspot '"stem Po8ect >the Po8ect?.
The E.6. thus desi(nated the MM7A as the implementin( a(enc" fo the Po8ect.
Pusuant to the E.6., the Meto Manila Council >MMC?, the (ovenin( boad and polic"ma.in( bod" of the MM7A,
issued Resolution No. *@-*/ seies of $**@
/
e3pessin( full suppot of the Po8ect. Reco(ni5in( the impeative to
inte(ate the diffeent tanspot modes via the establishment of common bus pa.in( teminal aeas, the MMC
cited the need to emove the bus teminals located alon( ma8o thoou(hfaes of Meto Manila.
H
6n ,ebua" $A, $**@, Eion Tanspot Co., 2nc. >Eion?, a domestic copoation en(a(ed in the business of public
tanspotation #ith a povincial bus opeation,
+
filed a petition fo declaato" elief
1*
befoe the RTC
11
of Manila.
2n its petition #hich #as doc.eted as Civil Case No. *@-1*%H%*, Eion alle(ed that the MM7A, thou(h Chaiman
,enando, #as )poised to issue a Cicula, Memoandum o 6de closin(, o tantamount to closin(, all povincial
bus teminals alon( E7'A and in the #hole of the Metopolis unde the pete3t of taffic e(ulation.)
1$
This
impendin( move, it stessed, #ould mean the closue of its bus teminal in 'ampaloc, Manila and t#o othes in
Oue5on Cit".
Alle(in( that the MM7AWs authoit" does not include the po#e to diect povincial bus opeatos to abandon thei
e3istin( bus teminals to thus depive them of the use of thei popet", Eion as.ed the cout to constue the
scope, e3tent and limitation of the po#e of the MM7A to e(ulate taffic unde R.A. No. /+$A, )An Act Ceatin(
the Metopolitan Manila 7evelopment Authoit", 7efinin( its Po#es and ,unctions, Povidin( ,unds Theefo and
,o 6the Puposes.)
Eion also as.ed fo a ulin( on #hethe the planned closue of povincial bus teminals #ould contavene the
Public 'evice Act and elated la#s #hich mandate public utilities to povide and maintain thei o#n teminals as a
e!uisite fo the pivile(e of opeatin( as common caies.
1@
Mencop Tanspotation '"stem, 2nc. >Mencop?, anothe povincial bus opeato, late filed a simila petition fo
declaato" elief
1A
a(ainst E3ecutive 'eceta" Albeto -. Romulo and MM7A Chaiman ,enando.
Mencop as.ed the cout to declae the E.6. unconstitutional and ille(al fo tans(essin( the possesso" i(hts of
o#nes and opeatos of public land tanspotation units ove thei espective teminals.
Avein( that MM7A Chaiman ,enando had be(un to implement a plan to close and eliminate all povincial bus
teminals alon( E7'A and in the #hole of the metopolis and to tansfe thei opeations to common bus
teminals,
1%
Mencop pa"ed fo the issuance of a tempoa" estainin( ode >TR6? andLo #it of pelimina"
in8unction to estain the impendin( closue of its bus teminals #hich it #as leasin( at the cone of E7'A and
Ne# Ko. 'teet in Cubao and at the intesection of Blumentitt, =aon =aan and 1alcon 'teets in Oue5on Cit".
The petition #as doc.eted as Civil Case No. *@-1*&$$A and #as affled to Banch A/ of the RTC of Manila.
MencopWs petition #as consolidated on Bune 1+, $**@ #ith EionWs petition #hich #as affled to Banch $& of the
RTC, Manila.
1H1
MencopWs pa"e fo a TR6 andLo #it of in8unction #as denied as #as its application fo the issuance of a
pelimina" in8unction.
1&
2n the Pe-Tial 6de
1/
issued b" the tial cout, the issues #ee nao#ed do#n to #hethe 1? the MM7AWs po#e
to e(ulate taffic in Meto Manila included the po#e to diect povincial bus opeatos to abandon and close thei
dul" established and e3istin( bus teminals in ode to conduct business in a common teminalI >$? the E.6. is
consistent #ith the Public 'evice Act and the ConstitutionI and >@? povincial bus opeatos #ould be depived of
thei eal popeties #ithout due pocess of la# should the" be e!uied to use the common bus teminals.
<pon the a(eement of the paties, the" filed thei espective position papes in lieu of heain(s.
B" 7ecision
1H
of Banua" $A, $**%, the tial cout sustained the constitutionalit" and le(alit" of the E.6. pusuant to
R.A. No. /+$A, #hich empo#eed the MM7A to administe Meto ManilaWs basic sevices includin( those of
tanspot and taffic mana(ement.
The tial cout held that the E.6. #as a valid e3ecise of the police po#e of the 'tate as it satisfied the t#o tests
of la#ful sub8ect matte and la#ful means, hence, EionWs and MencopWs popet" i(hts must "ield to police
po#e.
6n the sepaate motions fo econsideation of Eion and Mencop, the tial cout, b" 6de of 'eptembe H, $**%,
evesed its 7ecision, this time holdin( that the E.6. #as )an uneasonable e3ecise of police po#e)I that the
authoit" of the MM7A unde 'ection >%?>e? of R.A. No. /+$A does not include the po#e to ode the closue of
EionWs and MencopWs e3istin( bus teminalsI and that the E.6. is inconsistent #ith the povisions of the Public
'evice Act.
PetitionesW motion fo econsideation #as denied b" Resolution of Novembe $@, $**%.
1ence, this petition, #hich faults the tial cout fo failin( to ule that0 >1? the e!uisites of declaato" elief ae not
pesent, thee bein( no 8usticiable contoves" in Civil Case Nos. *@-1*%H%* and *@-1*&$$AI and >$? the
Pesident has the authoit" to undeta.e o cause the implementation of the Po8ect.
1+
Petitiones contend that thee is no 8usticiable contoves" in the cases fo declaato" elief as nothin( in the bod"
of the E.6. mentions o odes the closue and elimination of bus teminals alon( the ma8o thoou(hfaes of
Meto Manila. Eion and Mencop, the" a(ue, failed to poduce an" lette o communication fom the E3ecutive
7epatment appisin( them of an immediate plan to close do#n thei bus teminals.
And petitiones maintain that the E.6. is onl" an administative diective to (ovenment a(encies to coodinate
#ith the MM7A and to ma.e available fo use (ovenment popet" alon( E7'A and 'outh E3pess#a" coidos.
The" add that the onl" elation ceated b" the E.6. is that bet#een the Chief E3ecutive and the implementin(
officials, but not bet#een thid pesons.
The petition fails.
2t is tue, as espondents have pointed out, that the alle(ed deficienc" of the consolidated petitions to meet the
e!uiement of 8usticiabilit" #as not amon( the issues defined fo esolution in the Pe-Tial 6de of Banua" 1$,
$**A. 2t is e!uall" tue, ho#eve, that the !uestion #as epeatedl" aised b" petitiones in thei Ans#e to EionWs
petition,
$*
thei Comment of Apil $+, $**@ opposin( MencopWs pa"e fo the issuance of a TR6,
$1
and thei
Position Pape of Au(ust $@, $**A.
$$
2n bin(in( thei petitions befoe the tial cout, both espondents pleaded the e3istence of the essential e!uisites
fo thei espective petitions fo declaato" elief,
$@
and efuted petitionesW contention that a 8usticiable
contoves" #as lac.in(.
$A
Thee can be no den"in(, theefoe, that the issue #as aised and discussed b" the
paties befoe the tial cout.
1H$
The follo#in( ae the essential e!uisites fo a declaato" elief petition0 >a? thee must be a 8usticiable
contoves"I >b? the contoves" must be bet#een pesons #hose inteests ae adveseI >c? the pat" see.in(
declaato" elief must have a le(al inteest in the contoves"I and >d? the issue invo.ed must be ipe fo 8udicial
detemination.
$%
The e!uiement of the pesence of a 8usticiable contoves" is satisfied #hen an actual contoves" o
theripenin) seeds theeof e3ist bet#een the paties, all of #hom ae sui *uris and befoe the cout, and the
declaation sou(ht #ill help in endin( the contoves".
$&
A !uestion becomes 8usticiable #hen it is tanslated into a
claim of i(ht #hich is actuall" contested.
$/
2n the pesent cases, espondentsW esot to cout #as pompted b" the issuance of the E.6. The Ath ;heeas
clause of the E.6. sets out in clea sto.es the MM7AWs plan to )decon(est taffic b" e6%9%&$t%&- the bus
teminals no# located alon( ma8o Meto Manila thoou(hfaes and povidin( moe convenient access to the
mass tanspot s"stem to the commutin( public thou(h the povision of mass tanspot teminal facilities 3 3 3.)
>Emphasis supplied?
'ection $ of the E.6. theeafte la"s do#n the immediate establishment of common bus teminals fo noth- and
south-bound commutes. ,o this pupose, 'ection H diects the 7epatment of Bud(et and Mana(ement to
allocate funds of not moe than one hunded million pesos >P1**,***,***? to cove the cost of the constuction of
the noth and south teminals. And the E.6. #as made effective immediatel".
The MM7AWs esolve to immediatel" implement the Po8ect, its denials to the conta" not#ithstandin(, is also
evident fom telltale cicumstances, foemost of #hich #as the passa(e b" the MMC of Resolution No. *@-*/,
'eies of $**@ e3pessin( its full suppot of the immediate implementation of the Po8ect.
Notable fom the %th ;heeas clause of the MMC Resolution is the plan to )emove the bus teminals located
alon( ma8o thoou(hfaes of Meto Manila and an u(ent need to inte(ate the diffeent tanspot modes.) The
/th ;heeas clause poceeds to mention the establishment of the Noth and 'outh teminals.
As alle(ed in EionWs petition, a dia(am of the -MA-MT' Noth BusLRail Teminal had been da#n up, and
constuction of the teminal is alead" in po(ess. The MM7A, in its Ans#e
$H
and Position Pape,
$+
in fact
affimed that the (ovenment had be(un to implement the Po8ect.
2t thus appeas that the issue has alead" tanscended the boundaies of #hat is meel" con8ectual o
anticipato".la!phil
<nde the cicumstances, fo espondents to #ait fo the actual issuance b" the MM7A of an ode fo the closue
of espondentsW bus teminals #ould be foolhad" fo, b" then, the pope action to bin( #ould no lon(e be fo
declaato" elief #hich, unde 'ection 1, Rule &@
@*
of the Rules of Cout, must be bou(ht beforethee is a beach
o violation of i(hts.
As fo petitionesW contention that the E.6. is a mee administative issuance #hich ceates no elation #ith thid
pesons, it does not pesuade. 'uffice it to stess that to ensue the success of the Po8ect fo #hich the
concened (ovenment a(encies ae diected to coodinate thei activities and esouces, the e3istin( bus
teminals o#ned, opeated o leased b" thid pesons li.e espondents #ould have to be eliminatedI and
espondents #ould be foced to opeate fom the common bus teminals.
2t cannot be (ainsaid that the E.6. #ould have an advese effect on espondents. The closue of thei bus
teminals #ould mean, amon( othe thin(s, the loss of income fom the opeation andLo entals of stalls theeat.
Pecisel", espondents claim a depivation of thei constitutional i(ht to popet" #ithout due pocess of la#.
Respondents have thus ampl" demonstated a )pesonal and substantial inteest in the case such that Fthe" haveG
sustained, o #ill sustain, diect in8u" as a esult of Fthe E.6.WsG enfocement.)
@1
Conse!uentl", the established
1H@
ule that the constitutionalit" of a la# o administative issuance can be challen(ed b" one #ho #ill sustain a diect
in8u" as a esult of its enfocement has been satisfied b" espondents.
6n to the meits of the case.
Respondents posit that the MM7A is devoid of authoit" to ode the elimination of thei bus teminals unde the
E.6. #hich, the" a(ue, is unconstitutional because it violates both the Constitution and the Public 'evice ActI
and that neithe is the MM7A clothed #ith such authoit" unde R.A. No. /+$A.
Petitiones submit, ho#eve, that the eal issue concens the PesidentWs authoit" to undeta.e o to cause the
implementation of the Po8ect. The" asset that the authoit" of the Pesident is deived fom E.6. No. 1$%,
)Reo(ani5in( the Minist" of Tanspotation and Communications 7efinin( its Po#es and ,unctions and fo
6the Puposes,) he esidual po#e andLo E.6. No. $+$, othe#ise .no#n as the Administative Code of 1+H/.
The" add that the E.6. is also a valid e3ecise of the police po#e.
E.6. No. 1$%,
@$
#hich fome Pesident Coa5on A!uino issued in the e3ecise of le(islative po#es, eo(ani5ed
the then Minist" >no# 7epatment? of Tanspotation and Communications. 'ections A, %, & and $$ of E.6. 1$%,
as amended b" E.6. 1$%-A,
@@
ead0
'ECT26N A. Mandate. C The Minist" shall be the #r%9$r2 #o6%c2, #6$&&%&-, #ro-r$99%&-,
coor/%&$t%&-, %9#6e9e&t%&-, re-,6$t%&- $&/ $/9%&%'tr$t%3e e&t%t2 o4 t1e EBec,t%3e 0r$&c1 o4 t1e
-o3er&9e&t %& t1e #ro9ot%o&, /e3e6o#9e&t $&/ re-,6$t%o& o4 /e#e&/$b6e $&/ coor/%&$te/
&etDorE' o4 tr$&'#ort$t%o& and communication s"stems as #ell as in the fast, safe, efficient and eliable
postal, tanspotation and communications sevices.
To accomplish such mandate, the Minist" shall have the follo#in( ob8ectives0
>a? Pomote the development of dependable and coodinated net#o.s of tanspotation
and communications s"stemsI
>b? G,%/e -o3er&9e&t $&/ #r%3$te %&3e't9e&t %& t1e /e3e6o#9e&t o4 t1e co,&tr2O'
%&ter9o/$6 tr$&'#ort$t%o& $&/ co99,&%c$t%o&' '2'te9' in a most pactical,
e3peditious, and odel" fashion fo ma3imum safet", sevice, and cost effectivenessI
>Emphasis and undescoin( supplied?
3 3 3 3
'ECT26N %. Po#es and ,unctions. C To accomplish its mandate, the Minist" shall have the follo#in(
po#es and functions0
>a? ,omulate and ecommend national policies and (uidelines fo the pepaation and
implementation of inte(ated and compehensive tanspotation and communications
s"stems at the national, e(ional and local levelsI
>b? E't$b6%'1 $&/ $/9%&%'ter co9#re1e&'%3e $&/ %&te-r$te/ #ro-r$9' 4or
tr$&'#ort$t%o& $&/ co99,&%c$t%o&', and fo this pupose, ma" call on an" a(enc",
copoation, o o(ani5ation, #hethe public o pivate, #hose development po(ams
include tanspotation and communications as an inte(al pat theeof, to paticipate and
assist in the pepaation and implementation of such po(amI
>c? Assess, evie# and povide diection to tanspotation and communications eseach
and development po(ams of the (ovenment in coodination #ith othe institutions
concenedI
1HA
>d? !/9%&%'ter $66 6$D', r,6e' $&/ re-,6$t%o&' %& t1e 4%e6/ o4 tr$&'#ort$t%o& $&/
co99,&%c$t%o&'I >Emphasis and undescoin( supplied?
3 3 3 3
'ECT26N &. Authoit" and Responsibilit". C T1e $,t1or%t2 $&/ re'#o&'%b%6%t2 4or t1e eBerc%'e o4 t1e
9$&/$te o4 t1e M%&%'tr2 $&/ 4or t1e /%'c1$r-e o4 %t' #oDer' $&/ 4,&ct%o&' '1$66 be3e'te/ %& t1e
M%&%'ter o4 Tr$&'#ort$t%o& $&/ Co99,&%c$t%o&', heeinafte efeed to as the Ministe, #ho shall
have supevision and contol ove the Minist" and shall be appointed b" the Pesident. >Emphasis and
undescoin( supplied?
'ECT26N $$. 2mplementin( Authoit" of Ministe. C T1e M%&%'ter '1$66 %'',e ',c1 or/er', r,6e',
re-,6$t%o&' $&/ ot1er %'',$&ce' $' 9$2 be &ece''$r2 to e&',re t1e e44ect%3e %9#6e9e&t$t%o& o4
t1e #ro3%'%o&' o4 t1%' EBec,t%3e Or/er. >Emphasis and undescoin( supplied?
2t is eadil" appaent fom the above!uoted povisions of E.6. No. 1$%, as amended, that the Pesident, then
possessed of and e3ecisin( le(islative po#es, mandated the 76TC to be t1e #r%9$r2 polic", plannin(,
po(ammin(, coodinatin(, implementin(, e(ulatin( and administative entit" to pomote, develop and e(ulate
net#o.s of tanspotation and communications. The (ant of authoit" to the 76TC includes the po#e
toe't$b6%'1 and $/9%&%'ter compehensive and inte(ated po(ams fo tanspotation and communications.
As ma" be seen futhe, the Ministe >no# 'eceta"? of the 76TC is vested #ith the authoit" and esponsibilit"
to e3ecise the mandate (iven to the depatment. Accodin(l", the 76TC 'eceta" is authoi5ed to issue such
odes, ules, e(ulations and othe issuances as ma" be necessa" to ensue the effective implementation of the
la#.
'ince, unde the la#, the 76TC is authoi5ed to establish and administe po(ams and po8ects fo
tanspotation, it follo#s that the Pesident ma" e3ecise the same po#e and authoit" to ode the
implementation of the Po8ect, #hich admittedl" is one fo tanspotation.
'uch authoit" spin(s fom the PesidentWs po#e of contol ove all e3ecutive depatments as #ell as the
obli(ation fo the faithful e3ecution of the la#s unde Aticle E22, 'ection 1/ of the Constitution #hich povides0
'ECT26N 1/. The Pesident shall have contol of all the e3ecutive depatments, bueaus and offices. 1e
shall ensue that the la#s be faithfull" e3ecuted.
This constitutional povision is echoed in 'ection 1, Boo. 222 of the Administative Code of 1+H/. Notabl", 'ection
@H, Chapte @/, Boo. 2E of the same Code defines the PesidentWs po#e of supevision and contol ove the
e3ecutive depatments, vi50
'ECT26N @H. 7efinition of Administative Relationships. C <nless othe#ise e3pessl" stated in the
Code o in othe la#s definin( the special elationships of paticula a(encies, administative elationships
shall be cate(oi5ed and defined as follo#s0
>1? 'upevision and Contol. C S,#er3%'%o& $&/ co&tro6 '1$66 %&c6,/e $,t1or%t2 to
$ct directl% D1e&e3er $ '#ec%4%c 4,&ct%o& %' e&tr,'te/ b2 6$D or re-,6$t%o& to $ ',bor/%&$te I diect
the pefomance of dut"I estain the commission of actsI evie#, appove, evese o modif" acts and
decisions of subodinate officials o unitsI detemine pioities in the e3ecution of plans and po(ams.
<nless a diffeent meanin( is e3plicitl" povided in the specific la# (ovenin( the elationship of paticula
a(encies the #od )contol) shall encompass supevision and contol as defined in this paa(aph. 3 3 3
>Emphasis and undescoin( supplied?
1H%
Thus, #heneve a specific function is entusted b" la# o e(ulation to a subodinate, the Pesident ma" act
diectl" o meel" diect the pefomance of a dut".
@A
Respectin( the PesidentWs authoit" to ode the implementation of the Po8ect in the e3ecise of the police po#e
of the 'tate, suffice it to stess that the po#es vested in the 76TC 'eceta" to establish and administe
compehensive and inte(ated po(ams fo tanspotation and communications and to issue odes, ules and
e(ulations to implement such mandate >#hich, as peviousl" discussed, ma" also be e3ecised b" the Pesident?
have been so dele(ated fo the (ood and #elfae of the people. 1ence, these po#es pata.e of the natue of
police po#e.
Police po#e is the plena" po#e vested in the le(islatue to ma.e, odain, and establish #holesome and
easonable la#s, statutes and odinances, not epu(nant to the Constitution, fo the (ood and #elfae of the
people.
@%
This po#e to pescibe e(ulations to pomote the health, moals, education, (ood ode o safet", and
(eneal #elfae of the people flo#s fom the eco(nition that salus populi est suprema le0 ^ the #elfae of the
people is the supeme la#.
;hile police po#e ests pimail" #ith the le(islatue, such po#e ma" be dele(ated, as it is in fact inceasin(l"
bein( dele(ated.
@&
B" vitue of a valid dele(ation, the po#e ma" be e3ecised b" the Pesident and administative
boads
@/
as #ell as b" the la#ma.in( bodies of municipal copoations o local (ovenments unde an e3pess
dele(ation b" the =ocal -ovenment Code of 1++1.
@H
The authoit" of the Pesident to ode the implementation of the Po8ect not#ithstandin(, the desi(nation of the
MM7A as the implementin( a(enc" fo the Po8ect ma" not be sustained. 2t is ultra vires, thee bein( no le(al
basis theefo.
2t beas stessin( that unde the povisions of E.6. No. 1$%, as amended, it is the 76TC, and not the MM7A,
#hich is authoi5ed to establish and implement a po8ect such as the one sub8ect of the cases at ba. Thus, the
Pesident, althou(h authoi5ed to establish o cause the implementation of the Po8ect, must e3ecise the authoit"
thou(h the instumentalit" of the "OTC #hich, b" la#, is t1e #r%9$r2 implementin( and administative entit" in
the pomotion, development and e(ulation of net#o.s of tanspotation, and the one so authoi5ed to establish
and implement a po8ect such as the Po8ect in !uestion.
B" desi(natin( the MM7A as the implementin( a(enc" of the Po8ect, the Pesident cleal" ovestepped the limits
of the authoit" confeed b" la#, endein( E.6. No. 1/+ ultra vires.
2n anothe vein, the validit" of the desi(nation of MM7A flies in the absence of a specific (ant of authoit" to it
unde R.A. No. /+$A.
To ecall, R.A. No. /+$A declaed the Metopolitan Manila aea
@+
as a )special development and administative
e(ion) and placed the administation of )meto-#ide) basic sevices affectin( the e(ion unde the MM7A.
'ection $ of R.A. No. /+$A specificall" authoi5es the MM7A to pefom )plannin(, monitoin( and coodinative
functions, and in the pocess e3ecise e(ulato" and supeviso" authoit" ove the delive" of meto-#ide
sevices,) includin( tanspot and taffic mana(ement.
A*
'ection % of the same la# enumeates the po#es and
functions of the MM7A as follo#s0
>a? ,omulate, coodinate and e(ulate the implementation of medium and lon(-tem plans and
po(ams fo the delive" of meto-#ide sevices, land use and ph"sical development #ithin
Metopolitan Manila, consistent #ith national development ob8ectives and pioitiesI
>b? Pepae, coodinate and e(ulate the implementation of medium-tem investment po(ams fo
meto-#ide sevices #hich shall indicate souces and uses of funds fo pioit" po(ams and
1H&
po8ects, and #hich shall include the pac.a(in( of po8ects and pesentation to fundin(
institutionsI
>c? <ndeta.e and mana(e on its o#n meto-#ide po(ams and po8ects fo the delive" of
specific sevices unde its 8uisdiction, sub8ect to the appoval of the Council. ,o this pupose,
MM7A can ceate appopiate po8ect mana(ement officesI
>d? Coodinate and monito the implementation of such plans, po(ams and po8ects in Meto
ManilaI identif" bottlenec.s and adopt solutions to poblems of implementationI
>e? T1e MM"! '1$66 'et t1e #o6%c%e' co&cer&%&- tr$44%c %& Metro M$&%6$, $&/ '1$66
coor/%&$te $&/ re-,6$te t1e %9#6e9e&t$t%o& o4 $66 #ro-r$9' $&/ #roFect' co&cer&%&-
tr$44%c 9$&$-e9e&t, '#ec%4%c$662 #ert$%&%&- to e&4orce9e&t, e&-%&eer%&- $&/
e/,c$t%o& .<pon e!uest, it shall be e3tended assistance and coopeation, includin( but not
limited to, assi(nment of pesonnel, b" all othe (ovenment a(encies and offices concenedI
>f? &'t$66 $&/ $/9%&%'ter $ '%&-6e t%cEet%&- '2'te9, 4%B, %9#o'e $&/ co66ect 4%&e' $&/
#e&$6t%e' 4or $66 E%&/' o4 3%o6$t%o&' o4 tr$44%c r,6e' $&/ re-,6$t%o&' , #hethe movin( o non-
movin( in natue, and confiscate and suspend o evo.e divesW licenses in the enfocement of
such taffic la#s and e(ulations, the povisions of RA A1@& and P7 1&*% to the conta"
not#ithstandin(. ,o this pupose, the Authoit" shall impose all taffic la#s and e(ulations in
Meto Manila, thou(h its taffic opeation cente, and ma" deputi5e membes of the PNP, taffic
enfoces of local (ovenment units, dul" licensed secuit" (uads, o membes of non-
(ovenmental o(ani5ations to #hom ma" be dele(ated cetain authoit", sub8ect to such
conditions and e!uiements as the Authoit" ma" imposeI and
>(? Pefom othe elated functions e!uied to achieve the ob8ectives of the MM7A, includin( the
undeta.in( of delive" of basic sevices to the local (ovenment units, #hen deemed necessa"
sub8ect to pio coodination #ith and consent of the local (ovenment unit concened.) >Emphasis
and undescoin( supplied?
The scope of the function of MM7A as an administative, coodinatin( and polic"-settin( bod" has been settled
in Metropolitan Manila >evelopment Authority BMM>AC v. ;el-Air Villa)e Association" ,nc.
A1
2n that case, the Cout
stessed0
Cleal", the scope of the MM7AWs function is limited to the delive" of the seven >/? basic sevices. 6ne of
these is tr$&'#ort $&/ tr$44%c 9$&$-e9e&t #hich includes the fomulation and monitoin( of policies,
standads and po8ects to ationali5e the e3istin( tanspot opeations, infastuctue e!uiements, the
use of thoou(hfaes and pomotion of the safe movement of pesons and (oods. 2t also coves the9$''
tr$&'#ort '2'te9 and the institution of a s"stem of oad e(ulation, the administation of all taffic
enfocement opeations, taffic en(ineein( sevices and taffic education po(ams, includin( the
institution of a sin(le tic.etin( s"stem in Meto Manila fo taffic violations. <nde this sevice, the MM7A
is e3pessl" authoi5ed to )to set the policies concenin( taffic) and )coodinate and e(ulate the
implementation of all taffic mana(ement po(ams.) 2n addition, the MM7A ma" install and administe a
sin(le tic.etin( s"stem,) fi3, impose and collect fines and penalties fo all taffic violations.
2t #ill be noted that the po#es of the MM7A ae limited to the follo#in( acts0 fomulation, coodination,
e(ulation, implementation, pepaation, mana(ement, monitoin(, settin( of policies, installation of a
s"stem and administation. Thee is no s"llable in R.A. No. /+$A that (ants the MM7A police po#e, let
alone le(islative po#e. Even the Meto Manila Council has not been dele(ated an" le(islative
po#e.U&6%Ee t1e 6e-%'6$t%3e bo/%e' o4 t1e 6oc$6 -o3er&9e&t ,&%t', t1ere %' &o #ro3%'%o& %& R.!. No.
)924 t1$t e9#oDer' t1e MM"! or %t' Co,&c%6 to Te&$ct or/%&$&ce', $##ro3e re'o6,t%o&' $&/
$##ro#r%$te 4,&/' 4or t1e -e&er$6 De64$reO o4 t1e %&1$b%t$&t' o4 Metro M$&%6$. T1e MM"! %', $'
ter9e/ %& t1e c1$rter %t'e64, $ T/e3e6o#9e&t $,t1or%t2.O t %' $& $-e&c2 cre$te/ 4or t1e #,r#o'e o4
1H/
6$2%&- /oD& #o6%c%e' $&/ coor/%&$t%&- D%t1 t1e 3$r%o,' &$t%o&$6 -o3er&9e&t $-e&c%e', #eo#6eO'
or-$&%5$t%o&', &o&--o3er&9e&t$6 or-$&%5$t%o&' $&/ t1e #r%3$te 'ector 4or t1e e44%c%e&t $&/
eB#e/%t%o,' /e6%3er2 o4 b$'%c 'er3%ce' %& t1e 3$'t 9etro#o6%t$& $re$. !66 %t' 4,&ct%o&' $re
$/9%&%'tr$t%3e %& &$t,re $&/ t1e'e $re $ct,$662 ',99e/ ,# %& t1e c1$rter %t'e64, vi50
Z'ECT26N $. Ceation of the Metopolitan Manila 7evelopment Authoit". C . . .
T1e MM"! '1$66 #er4or9 #6$&&%&-, 9o&%tor%&- $&/ coor/%&$t%3e 4,&ct%o&', $&/ %& t1e
#roce'' eBerc%'e re-,6$tor2 $&/ ',#er3%'or2 $,t1or%t2 o3er t1e /e6%3er2 o4 9etro-D%/e
'er3%ce' D%t1%& Metro M$&%6$, #ithout diminution of the autonom" of the local (ovenment units
concenin( puel" local mattes.W
A$
>Emphasis and undescoin( supplied?
2n li(ht of the administative natue of its po#es and functions, the MM7A is devoid of authoit" to implement the
Po8ect as envisioned b" the E.6I hence, it could not have been validl" desi(nated b" the Pesident to undeta.e
the Po8ect. 2t follo#s that the MM7A cannot validl" ode the elimination of espondentsW teminals.
Even the MM7AWs claimed authoit" unde the police po#e must necessail" fail in consonance #ith the above-
!uoted ulin( in MM>A v. ;el-Air Villa)e Association" ,nc. and this CoutWs subse!uent ulin( in Metropolitan
Manila >evelopment Authority v. Garin
A@
that the MM7A is not vested #ith police po#e.
Even assumin( ar)uendo that police po#e #as dele(ated to the MM7A, its e3ecise of such po#e does not
satisf" the t#o tests of a valid police po#e measue, vi50 >1? the inteest of the public (eneall", as distin(uished
fom that of a paticula class, e!uies its e3eciseI and >$? the means emplo"ed ae easonabl" necessa" fo the
accomplishment of the pupose and not undul" oppessive upon individuals.
AA
'tated diffeentl", the police po#e
le(islation must be fiml" (ounded on public inteest and #elfae and a easonable elation must e3ist bet#een
the puposes and the means.
As eal" as (alalan) v. Hilliams,
A%
this Cout eco(ni5ed that taffic con(estion is a public, not meel" a pivate,
concen. The Cout theein held that public #elfae undelies the contested statute authoi5in( the 7iecto of
Public ;o.s to pomul(ate ules and e(ulations to e(ulate and contol taffic on national oads.
=i.e#ise, in Lu2ue v. Ville)as,
A&
this Cout emphasi5ed that public #elfae lies at the bottom of an" e(ulato"
measue desi(ned )to elieve con(estion of taffic, #hich is, to sa" the least, a menace to public safet".)
A/
As
such, measues calculated to pomote the safet" and convenience of the people usin( the thoou(hfaes b" the
e(ulation of vehicula taffic pesent a pope sub8ect fo the e3ecise of police po#e.
Notabl", the paties heein concede that taffic con(estion is a public concen that needs to be addessed
immediatel". 2ndeed, the E.6. #as issued due to the felt need to addess the #osenin( taffic con(estion in Meto
Manila #hich, the MM7A so detemined, is caused b" the inceasin( volume of buses pl"in( the ma8o
thoou(hfaes and the inefficient connectivit" of e3istin( tanspot s"stems. 2t is thus be"ond cavil that the
motivatin( foce behind the issuance of the E.6. is the inteest of the public in (eneal.
Ae the means emplo"ed appopiate and easonabl" necessa" fo the accomplishment of the pupose. Ae the"
not dul" oppessive4
;ith the avo#ed ob8ective of decon(estin( taffic in Meto Manila, the E.6. see.s to )eliminateFeG the bus
teminals no# located alon( ma8o Meto Manila thoou(hfaes and povidFeG moe convenient access to the mass
tanspot s"stem to the commutin( public thou(h the povision of mass tanspot teminal facilities 3 3
3.)
AH
Common caies #ith teminals alon( the ma8o thoou(hfaes of Meto Manila #ould thus be compelled to
close do#n thei e3istin( bus teminals and use the MM7A-desi(nated common pa.in( aeas.
2n Lucena Grand (entral 8erminal" ,nc. v. 6A( Liner" ,nc.,
A+
t#o cit" odinances #ee passed b" the'an))unian)
anlun)sod of =ucena, diectin( public utilit" vehicles to unload and load passen(es at the =ucena -and
1HH
Cental Teminal, #hich #as (iven the e3clusive fanchise to opeate a sin(le common teminal. 7eclain( that no
othe teminals shall be situated, constucted, maintained o established inside o #ithin the cit" of =ucena,
the san))unian declaed as inopeable all tempoa" teminals theein.
The odinances #ee challen(ed befoe this Cout fo bein( unconstitutional on the (ound that, inter alia, the
measues constituted an invalid e3ecise of police po#e, an undue ta.in( of pivate popet", and a violation of
the constitutional pohibition a(ainst monopolies.
Citin( >e la (ruz v. aras
%*
and Lupan)co v. (ourt of Appeals,
%1
this Cout held that the assailed odinances #ee
chaactei5ed b" ovebeadth, as the" #ent be"ond #hat #as easonabl" necessa" to solve the taffic poblem in
the cit". And it found that the compulso" use of the =ucena -and Teminal #as undul" oppessive because it
#ould sub8ect its uses to fees, entals and cha(es.
The tue ole of Constitutional =a# is to effect an e!uilibium bet#een authoit" and libet" so that i(hts
ae e3ecised #ithin the fame#o. of the la# and the la#s ae enacted #ith due defeence to i(hts.
A due defeence to the i(hts of the individual thus e!uies a moe caeful fomulation of solutions to
societal poblems.
,om the memoandum filed befoe this Cout b" petitione, it is (atheed that the 'an((unian(
Panlun(sod had identified the cause of taffic con(estion to be the indisciminate loadin( and unloadin( of
passen(es b" buses on the steets of the cit" pope, hence, the conclusion that the teminals
contibuted to the polifeation of buses obstuctin( taffic on the cit" steets.
Bus teminals pe se do not, ho#eve, impede o help impede the flo# of taffic. HoD t1e o,tr%-1t
#ro'cr%#t%o& $-$%&'t t1e eB%'te&ce o4 $66 ter9%&$6', $#$rt 4ro9 t1$t 4r$&c1%'e/ to #et%t%o&er, c$& be
co&'%/ere/ $' re$'o&$b62 &ece''$r2 to 'o63e t1e tr$44%c #rob6e9, t1%' Co,rt 1$' &ot bee&
e&6%-1te&e/. 2f teminals lac. ade!uate space such that bus dives ae compelled to load and unload
passen(es on the steets instead of inside the teminals, then easonable specifications fo the si5e of
teminals could be instituted, #ith pemits to opeate the same denied those #hich ae unable to meet the
specifications.
& t1e ',bFect or/%&$&ce', 1oDe3er, t1e 'co#e o4 t1e #ro'cr%#t%o& $-$%&'t t1e 9$%&te&$&ce o4
ter9%&$6' %' 'o bro$/ t1$t e3e& e&t%t%e' D1%c1 9%-1t be $b6e to #ro3%/e 4$c%6%t%e' better t1$& t1e
4r$&c1%'e/ ter9%&$6 $re b$rre/ 4ro9 o#er$t%&- $t $66. >Emphasis and undescoin( supplied?
As in Lucena, this Cout fails to see ho# the pohibition a(ainst the e3istence of espondentsW teminals can be
consideed a easonable necessit" to ease taffic con(estion in the metopolis. 6n the conta", the elimination of
espondentsW bus teminals bin(s foth the distinct possibilit" and the e!uall" hao#in( ealit" of taffic
con(estion in the common pa.in( aeas, a case of tansfeence fom one site to anothe.
=ess intusive measues such as cubin( the polifeation of )coloum) buses, vans and ta3is entein( Meto
Manila and usin( the steets fo pa.in( and passen(e pic.-up points, as espondents su((est, mi(ht even be
moe effective in easin( the taffic situation. 'o #ould the stict enfocement of taffic ules and the emoval of
obstuctions fom ma8o thoou(hfaes.
As to the alle(ed confiscato" chaacte of the E.6., it need onl" to be stated that espondentsW cetificates of
public convenience confe no popet" i(ht, and ae mee licenses o pivile(es.
%$
As such, these must "ield to
le(islation safe(uadin( the inteest of the people.
Even then, fo easons #hich bea eiteation, the MM7A cannot ode the closue of espondentsW teminals not
onl" because no authoit" to implement the Po8ect has been (anted no le(islative o police po#e been
1H+
dele(ated to it, but also because the elimination of the teminals does not satisf" the standads of a valid police
po#e measue.
,inall", an ode fo the closue of espondentsW teminals is not in line #ith the povisions of the Public 'evice
Act.
Paa(aph >a?, 'ection 1@ of Chapte 22 of the Public 'evice Act >no# 'ection % of E3ecutive 6de No. $*$,
ceatin( the =and Tanspotation ,anchisin( and Re(ulato" Boad o =,TRB? vested the Public 'evice
Commission >P'C, no# the =T,RB? #ith )3 3 3 8uisdiction, supevision and contol ove all public sevices and
thei fanchises, e!uipment and othe popeties 3 3 3.)
Consonant #ith such (ant of authoit", the P'C #as empo#eed to )%9#o'e ',c1 co&/%t%o&' $' to
co&'tr,ct%o&, eI,%#9e&t, 9$%&te&$&ce, 'er3%ce, o opeation as the public inteests and convenience ma"
easonabl" e!uie)
%@
in appovin( an" fanchise o pivile(e.
,uthe, 'ection 1& >(? and >h? of the Public 'evice Act
%A
povided that the Commission shall have the po#e,
upon pope notice and heain( in accodance #ith the ules and povisions of this Act, sub8ect to the limitations
and e3ceptions mentioned and savin( povisions to the conta"0
>(? To compel an" public sevice to 4,r&%'1 '$4e, $/eI,$te, $&/ #ro#er 'er3%ce as e(ads the manne
of funishin( the same as #ell as the maintenance of the necessa" mateial and e!uipment.
>h? To e!uie an" public sevice to e't$b6%'1, co&'tr,ct, 9$%&t$%&, $&/ o#er$te $&2 re$'o&$b6e
eBte&'%o& o4 %t' eB%'t%&- 4$c%6%t%e', #hee in the 8ud(ment of said Commission, such e3tension is
easonable and pacticable and #ill funish sufficient business to 8ustif" the constuction and maintenance
of the same and #hen the financial condition of the said public sevice easonabl" #aants the oi(inal
e3penditue e!uied in ma.in( and opeatin( such e3tension.>Emphasis and undescoin( supplied?
The establishment, as #ell as the maintenance of vehicle pa.in( aeas o passen(e teminals, is (eneall"
consideed a necessa" sevice to be povided b" povincial bus opeatos li.e espondents, hence, the
investments the" have poued into the ac!uisition o lease of suitable teminal sites. Eliminatin( the teminals
#ould thus un counte to the povisions of the Public 'evice Act.
This Cout commiseates #ith the MM7A fo the oadbloc.s tho#n in the #a" of its effots at solvin( the
pestein( poblem of taffic con(estion in Meto Manila. These effots ae commendable, to sa" the least, in the
face of the abominable taffic situation of ou oads da" in and da" out. This Cout can onl" intepet, not chan(e,
the la#, ho#eve. 2t needs onl" to be eiteated that %t %' t1e "OTC ^ as the pima" polic", plannin(,
po(ammin(, coodinatin(, implementin(, e(ulatin( and administative entit" to pomote, develop and e(ulate
net#o.s of tanspotation and communications ^ D1%c1 1$' t1e #oDer to e't$b6%'1 $&/ $/9%&%'ter $
tr$&'#ort$t%o& #roFect 6%Ee t1e ProFect ',bFect o4 t1e c$'e $t b$r.
No matte ho# noble the intentions of the MM7A ma" be then, an" plan, state(" o po8ect #hich it is not
authoi5ed to implement cannot pass muste.
:HEREFORE, the Petition is, in li(ht of the foe(oin( dis!uisition, "ENE". E.O. No. 1)9 %' /ec6$re/ NULL $&/
7O" 4or be%&- ultra !ires.
'6 6R7ERE7.
uno" (.6." Fuisumbin)" 9nares-'antia)o" 'andoval-Gutierrez" (arpio" Austria-Martinez" (orona" Azcuna" 8in)a"
(hico-Nazario" Garcia" Velasco" 6r." Nachura" Reyes" 66." concu.
1+*
Republic of the Philippines
S,#re9e Co,rt
Manila
EN 0!NC

EMLO G!NC!;CO,
Petitione,

- vesus -

CT; GO7ERNMENT OF =UE(ON CT; !N"
METRO M!NL!"E7ELOPMENT !UTHORT;,
Respondents.

3-----------------------------------------------3
METRO M!NL! "E7ELOPMENT !UTHORT;,
Petitione,





-vesus-






.USTCE EMLO !. G!NC!;CO LRet%re/M,
Respondent,

3-----------------------------------------3

G.R. No. 1))8*)










G.R. No. 1))933

Pesent0

C6R6NA, (.6.,
CARP26,
EE=A'C6, BR.,
=E6NAR76-7E CA'TR6,
BR26N,
PERA=TA,
BER'AM2N,
_
7E= CA'T2==6,
__
ABA7,
E2==ARAMA, BR.,
PEREJ,
_
MEN76JA,
'EREN6,
REKE', and
PER=A'-BERNABE, 66.

Pomul(ated0

6ctobe 11, $*11
1+1
B - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B


"ECSON

SERENO, J.A
Befoe us ae consolidated Petitions fo Revie# unde Rule A% of the Rules of Cout assailin( the
7ecision
F1G
pomul(ated on 1H Bul" $**& and the Resolution
F$G
dated 1* Ma" $**/of the Cout of Appeals in CA-
-.R. 'P No. HA&AH.
T1e F$ct'
2n the eal" 1+%*s, etied Bustice Emilio A. -anca"co bou(ht a pacel of land located at /A&
Epifanio delos 'antos Avenue >E7'A?,
F@G
Oue5on Cit" #ith an aea of @/% s!uae metes and coveed b" Tansfe
Cetificate of Title >TCT? No. RT11A%%H.
6n $/ Mach 1+%&, the Oue5on Cit" Council issued 6dinance No. $+*A, entitled XAn 6dinance
Re!uiin( the Constuction of Acades, fo Commecial Buildin(s to be Constucted in Jones 7esi(nated as
Business Jones in the Jonin( Plan of Oue5on Cit", and Povidin( Penalties in Eiolation Theeof.Y
FAG
An acade is defined as an" potion of a buildin( above the fist floo po8ectin( ove the side#al. be"ond
the fist stoe" #all used as potection fo pedestians a(ainst ain o sun.
F%G
6dinance No. $+*A e!uied the elevant popet" o#ne to constuct an acade #ith a #idth of A.%*
metes and hei(ht of %.** metes alon( E7'A, fom the noth side of 'antolan Road to one lot afte =ibet"
Avenue, and fom one lot befoe Cental Boulevad to the Botocan tansmission line.
At the outset, it beas emphasis that at the time 6dinance No. $+*A #as passed b" the cit" council, thee
#as "et no buildin( code passed b" the national le(islatue. Thus, the e(ulation of the constuction of buildin(s
#as left to the discetion of local (ovenment units. <nde this paticula odinance, the cit" council e!uied that
the acade is to be ceated b" constuctin( the #all of the (ound floo facin( the side#al. a fe# metes a#a"
fom the popet" line. Thus, the buildin( o#ne is not allo#ed to constuct his #all up to the ed(e of the popet"
line, theeb" ceatin( a space o shelte unde the fist floo. 2n effect, popet" o#nes elin!uish the use of the
space fo use as an acade fo pedestians, instead of usin( it fo thei o#n puposes.
The odinance #as amended seveal times. 6n H Au(ust 1+&*, popeties located at the Oue5on Cit"-
'an Buan bounda" #ee e3empted b" 6dinance No. &*-AA// fom the constuction of acades. This odinance
#as futhe amended b" 6dinance No. &*-A%1@, e3tendin( the e3emption to commecial buildin(s fom Balete
'teet to 'eattle 'teet. 6dinance No. &&*@ dated 1 Mach 1+&& mean#hile educed the #idth of the acades to
thee metes fo buildin(s alon( E. =una Road, Cental 7istict, Oue5on Cit".
The odinance coveed the popet" of Bustice -anca"co. 'ubse!uentl", sometime in 1+&%, Bustice
-anca"co sou(ht the e3emption of a t#o-stoe" buildin( bein( constucted on his popet" fom the application of
6dinance No. $+*A that he be e3empted fom constuctin( an acade on his popet".
6n $ ,ebua" 1+&&, the Cit" Council acted favoabl" on Bustice -anca"coWs e!uest and issued
Resolution No. /1&1, '-&&, Xsub8ect to the condition that upon notice b" the Cit" En(inee, the o#ne shall, #ithin
easonable time, demolish the enclosue of said acade at his o#n e3pense #hen public inteest so demands.Y
F&G
7ecades afte, in Mach $**@, the Metopolitan Manila 7evelopment Authoit" >MM7A? conducted
opeations to clea obstuctions alon( the side#al. of E7'A in Oue5on Cit" pusuant to Meto Manila CouncilWs
>MMC? Resolution No. *$-$H, 'eies of $**$.
F/G
The esolution authoi5ed the MM7A and local (ovenment units
to Xclea the side#al.s, steets, avenues, alle"s, bid(es, pa.s and othe public places in Meto Manila of all
ille(al stuctues and obstuctions.Y
FHG
1+$
6n $H Apil $**@, the MM7A sent a notice of demolition to Bustice -anca"co alle(in( that a potion of his
buildin( violated the National Buildin( Code of the Philippines >Buildin( Code?
F+G
in elation to 6dinance No. $+*A.
The MM7A (ave Bustice -anca"co fifteen >1%? da"s to clea the potion of the buildin( that #as supposed to be
an acade alon( E7'A.
F1*G
Bustice -anca"co did not compl" #ith the notice. 'oon afte the lapse of the fifteen >1%? da"s, the MM7A
poceeded to demolish the pat" #all, o #hat #as efeed to as the X#in( #alls,Y of the (ound floo stuctue.
The ecods of the pesent case ae not entiel" clea on the e3tent of the demolitionI nevetheless, the fact of
demolition #as not disputed. At the time of the demolition, the affected potion of the buildin( #as bein( used as a
estauant.
6n $+ Ma" $**@, Bustice -anca"co filed a Petition
F11G
#ith pa"e fo a tempoa" estainin( ode andLo
#it of pelimina" in8unction befoe the Re(ional Tial Cout >RTC? ofOue5on Cit", doc.eted as Civil Case No.
O*@-A+&+@, see.in( to pohibit the MM7A and the Cit" -ovenment of Oue5on Cit" fom demolishin( his
popet". 2n his Petition,
F1$G
he alle(ed that the odinance authoi5ed the ta.in( of pivate popet" #ithout due
pocess of la# and 8ust compensation, because the constuction of an acade #ill e!uie &/.% s!uae metes fom
the @/% s!uae mete popet". 2n addition, he claimed that the odinance #as selective and disciminato" in its
scope and application #hen it allo#ed the o#nes of the buildin(s located in the Oue5on Cit"-'an Buan bounda"
to Cubao Rotonda, and Balete to 'eattle 'teets to constuct acades at thei option. 1e thus sou(ht the
declaation of nullit" of 6dinance No. $+*A and the pa"ment of dama(es. Altenatel", he pa"ed fo the pa"ment
of 8ust compensation should the cout hold the odinance valid.
The Cit" -ovenment of Oue5on Cit" claimed that the odinance #as a valid e3ecise of police po#e,
e(ulatin( the use of popet" in a business 5one. 2n addition, it pointed out that Bustice -anca"co #as alead"
baed b" estoppel, laches and pesciption.
'imilal", the MM7A alle(ed that Bustice -anca"co could not see. the nullification of an odinance that he
had alead" violated, and that the odinance en8o"ed the pesumption of constitutionalit". 2t futhe stated that the
!uestioned popet" #as a public nuisance impedin( the safe passa(e of pedestians. ,inall", the MM7A claimed
that it #as meel" implementin( the le(al easement established b" 6dinance No. $+*A.
F1@G
The RTC endeed its 7ecision on @* 'eptembe $**@ in favo of Bustice -anca"co.
F1AG
2t held that the
!uestioned odinance #as unconstitutional, ulin( that it allo#ed the ta.in( of pivate popet" fo public use
#ithout 8ust compensation. The RTC said that because &/.% s!uae metes out of Bustice -anca"coWs @/% s!uae
metes of popet" #ee bein( ta.en #ithout compensation fo the publicWs benefit, the odinance #as confiscato"
and oppessive. 2t li.e#ise held that the odinance violated o#nesW i(ht to e!ual potection of la#s. The
dispositive potion thus states0
:HEREFORE, the petition is heeb" (anted and the Cout heeb" declaes Oue5on Cit"
6dinance No. $*+A,
F1%G
'eies of 1+%& to be unconstitutional, invalid and void ab initio. The
espondents ae heeb" pemanentl" en8oined fom enfocin( and implementin( the said
odinance, and the espondent MM7A is heeb" diected to immediatel" estoe the potion of the
pat" #all o #in( #all of the buildin( of the petitione it desto"ed to its oi(inal condition.

2T 2' '6 6R7ERE7.
The MM7A theeafte appealed fom the 7ecision of the tial cout. 6n 1H Bul" $**&, the Cout of Appeals
>CA? patl" (anted the appeal.
F1&G
The CA upheld the validit" of 6dinance No. $+*A and lifted the in8unction
a(ainst the enfocement and implementation of the odinance. 2n so doin(, it held that the odinance #as a valid
e3ecise of the i(ht of the local (ovenment unit to pomote the (eneal #elfae of its constituents pusuant to its
police po#es. The CA also uled that the odinance established a valid classification of popet" o#nes #ith
e(ad to the constuction of acades in thei espective popeties dependin( on the location. The CA futhe
stated that thee #as no ta.in( of pivate popet", since the o#ne still en8o"ed the beneficial o#neship of the
popet", to !it0
1+@
Even #ith the e!uiement of the constuction of acaded side#al.s #ithin his commecial
lot, appellee still etains the beneficial o#neship of the said popet". Thus, thee is no Xta.in(Y
fo public use #hich must be sub8ect to 8ust compensation. ;hile the acaded side#al.s
contibute to the public (ood, fo povidin( safet" and comfot to passesb", the ultimate benefit
fom the same still edounds to appellee, his commecial establishment bein( at the foefont of a
bus" thoou(hfae li.e E7'A. The acaded side#al.s, b" thei natue, assue clients of the
commecial establishments theeat some .ind of potection fom accidents and othe ha5ads.
;ithout doubt, this sense of potection can be a boon to the business activit" theein en(a(ed.
F1/G

Nevetheless, the CA held that the MM7A #ent be"ond its po#es #hen it demolished the sub8ect
popet". 2t futhe found that Resolution No. *$-$H onl" efes to side#al.s, steets, avenues, alle"s, bid(es,
pa.s and othe public places in Meto Manila, thus e3cludin( Bustice -anca"coWs pivate popet". =astl", the CA
stated that the MM7A is not clothed #ith the authoit" to declae, pevent o abate nuisances. Thus, the
dispositive potion stated0
:HEREFORE, the appeals ae P!RTL; GR!NTE". The >ecision dated 'eptembe @*,
$**@ of the Re(ional Tial Cout, Banch $$A, Oue5on Cit", is MO"FE", as follo#s0
1? The validit" and constitutionalit" of 6dinance No. $*+A,
F1HG
'eies of 1+%&, issued b" the Cit"
Council of Oue5on Cit", is UPHEL"I and
$? The in8unction a(ainst the enfocement and implementation of the said 6dinance is LFTE".
SO OR"ERE".

This ulin( pompted the MM7A and Bustice -anca"co to file thei espective Motions fo Patial
Reconsideation.
F1+G
6n 1* Ma" $**/, the CA denied the motions statin( that the paties did not pesent ne# issues no offe
(ounds that #ould meit the econsideation of the Cout.
F$*G
7issatisfied #ith the ulin( of the CA, Bustice -anca"co and the MM7A filed thei espective Petitions fo
Revie# befoe this Cout. The issues aised b" the paties ae summai5ed as follo#s0
2. ;1ET1ER 6R N6T B<'T2CE -ANCAKC6 ;A' E'T6PPE7 ,R6M A''A2=2N- T1E
EA=272TK 6, 6R72NANCE N6. $+*A.
22. ;1ET1ER 6R N6T 6R72NANCE N6. $+*A 2' C6N'T2T<T26NA=.
222. ;1ET1ER 6R N6T T1E ;2N- ;A== 6, B<'T2CE -ANCAKC6W' B<2=72N- 2' A P<B=2C
N<2'ANCE.
2E. ;1ET1ER 6R N6T T1E MM7A =E-A==K 7EM6=2'1E7 T1E PR6PERTK 6, B<'T2CE
-ANCAKC6.

T1e Co,rtO' R,6%&-
#stoppel

The MM7A and the Cit" -ovenment of Oue5on Cit" both claim that Bustice -anca"co #as estopped fom
challen(in( the odinance, because, in 1+&%, he as.ed fo an e3emption fom the application of the
odinance. Accodin( to them, Bustice -anca"co theeb" eco(ni5ed the po#e of the cit" (ovenment to e(ulate
the constuction of buildin(s.
To ecall, Bustice -anca"co !uestioned the constitutionalit" of the odinance on t#o (ounds0 >1? #hethe
the odinance Xta.esY pivate popet" #ithout due pocess of la# and 8ust compensationI and >$? #hethe the
odinance violates the e!ual potection of i(hts because it allo#ed e3emptions fom its application.
1+A
6n the fist (ound, #e find that Bustice -anca"co ma" still !uestion the constitutionalit" of the odinance
to detemine #hethe o not the odinance constitutes a Xta.in(Y of pivate popet" #ithout due pocess of la# and
8ust compensation. 2t #as onl" in $**@ #hen he #as alle(edl" depived of his popet" #hen the MM7A
demolished a potion of the buildin(. Because he #as (anted an e3emption in 1+&&, thee #as no Xta.in(Y "et to
spea. of.
Moeove, in Acebedo 5ptical (ompany" ,nc. v. (ourt of Appeals"
F$1G
#e held0
2t is theefoe decisivel" clea that estoppel cannot appl" in this case. The fact that
petitione ac!uiesced in the special conditions imposed b" the Cit" Ma"o in sub8ect business
pemit does not peclude it fom challen(in( the said imposition, #hich is ultra vires o be"ond the
ambit of authoit" of espondent Cit" Ma"o. Bltra !ires $ct' or $ct' D1%c1 $re c6e$r62 be2o&/
t1e 'co#e o4 o&eK' $,t1or%t2 $re &,66 $&/ 3o%/ $&/ c$&&ot be -%3e& $&2 e44ect. T1e /octr%&e
o4 e'to##e6 c$&&ot o#er$te to -%3e e44ect to $& $ct D1%c1 %' ot1erD%'e &,66 $&/ 3o%/ or ultra
!ires. >Emphasis supplied.?
Recentl", in ;ritish American 8obacco v. (amacho,
F$$G
#e li.e#ise held0
;e find that petitione #as not (uilt" of estoppel. ;hen it made the undeta.in( to
compl" #ith all issuances of the B2R, #hich at that time it consideed as valid, petitione did not
commit an" false misepesentation o misleadin( act. 2ndeed, petitione cannot be faulted fo
initiall" undeta.in( to compl" #ith, and sub8ectin( itself to the opeation of 'ection 1A%>C?, and
onl" late on filin( the sub8ect case pa"in( fo the declaation of its unconstitutionalit" #hen the
cicumstances chan(e and the la# esults in #hat it peceives to be unla#ful discimination. T1e
9ere 4$ct t1$t $ 6$D 1$' bee& re6%e/ ,#o& %& t1e #$'t $&/ $66 t1$t t%9e 1$' &ot bee&
$tt$cEe/ $' ,&co&'t%t,t%o&$6 %' &ot $ -ro,&/ 4or co&'%/er%&- #et%t%o&er e'to##e/ 4ro9
$''$%6%&- %t' 3$6%/%t2. For co,rt' D%66 #$'' ,#o& $ co&'t%t,t%o&$6 I,e't%o& o&62 D1e&
#re'e&te/ be4ore %t %& &ona fide c$'e' 4or /eter9%&$t%o&, $&/ t1e 4$ct t1$t t1e I,e't%o& 1$'
&ot bee& r$%'e/ be4ore %' &ot $ 3$6%/ re$'o& 4or re4,'%&- to $66oD %t to be r$%'e/ 6$ter.
>Emphasis supplied.?


Anent the second (ound, #e find that Bustice -anca"co ma" not !uestion the odinance on the (ound
of e!ual potection #hen he also benefited fom the e3emption. 2t beas emphasis that Bustice -anca"co himself
e!uested fo an e3emption fom the application of the odinance in 1+&% and #as eventuall" (anted one.
Moeove, he #as still en8o"in( the e3emption at the time of the demolition as thee #as "et no valid notice fom
the cit" en(inee. Thus, #hile the odinance ma" be attac.ed #ith e(ad to its diffeent teatment of popeties
that appeas to be similal" situated, Bustice -anca"co is not the pope peson to do so.
Coning and the regulation of the
construction of &uildings are !alid
e,ercises of police po"er .
2n MM>A v. ;el-Air Villa)e Association"
F$@G
#e discussed the natue of police po#es e3ecised b" local
(ovenment units, to !it0
Police po#e is an inheent attibute of soveei(nt". 2t has been defined as the po#e
vested b" the Constitution in the le(islatue to ma.e, odain, and establish all manne of
#holesome and easonable la#s, statutes and odinances, eithe #ith penalties o #ithout, not
epu(nant to the Constitution, as the" shall 8ud(e to be fo the (ood and #elfae of the
common#ealth, and fo the sub8ects of the same. The po#e is plena" and its scope is vast and
pevasive, eachin( and 8ustif"in( measues fo public health, public safet", public moals, and
the (eneal #elfae.

2t beas stessin( that police po#e is lod(ed pimail" in the National =e(islatue. 2t
cannot be e3ecised b" an" (oup o bod" of individuals not possessin( le(islative po#e. The
1+%
National =e(islatue, ho#eve, ma" dele(ate this po#e to the Pesident and administative
boads as #ell as the la#ma.in( bodies of municipal copoations o local (ovenment units.
6nce dele(ated, the a(ents can e3ecise onl" such le(islative po#es as ae confeed on them
b" the national la#ma.in( bod".
To esolve the issue on the constitutionalit" of the odinance, #e must fist detemine #hethe thee #as a
valid dele(ation of police po#e. Then #e can detemine #hethe the Cit" -ovenment of Oue5on Cit" acted
#ithin the limits of the dele(ation.
2t is clea that Con(ess e3pessl" (anted the cit" (ovenment, thou(h the cit" council, police po#e b"
vitue of 'ection 1$>oo? of Republic Act No. %@/, o the Revised Chate of Oue5on Cit",
F$AG
#hich states0
To ma.e such futhe odinances and e(ulations not epu(nant to la# as ma" be
necessa" to ca" into effect and discha(e the po#es and duties confeed b" this Act and such
as it shall deem necessa" and pope to povide fo the health and safet", pomote the
pospeit", impove the moals, peace, (ood ode, comfot, and convenience of the cit" and the
inhabitants theeof, and fo the potection of popet" theeinI and enfoce obedience theeto #ith
such la#ful fines o penalties as the Cit" Council ma" pescibe unde the povisions of
subsection >88? of this section.

'pecificall", on the po#es of the cit" (ovenment to e(ulate the constuction of buildin(s, the Chate
also e3pessl" povided that the cit" (ovenment had the po#e to e(ulate the .inds of buildin(s and stuctues
that ma" be eected #ithin fie limits and the manne of constuctin( and epaiin( them.
F$%G
;ith e(ad mean#hile to the po#e of the local (ovenment units to issue 5onin( odinances, #e
appl" 'ocial 6ustice 'ociety v. Atienza.
F$&G
2n that case, the 'an))unian) anlun)sod of Manila Cit" enacted an
odinance on $H Novembe $**1 eclassif"in( cetain aeas of the cit" fom industial to commecial. As a esult
of the 5onin( odinance, the oil teminals located in those aeas #ee no lon(e allo#ed. Thou(h the oil
companies contended that the" stood to lose billions of pesos, this Cout upheld the po#e of the cit" (ovenment
to pass the assailed odinance, statin(0
2n the e3ecise of police po#e, popet" i(hts of individuals ma" be sub8ected to
estaints and budens in ode to fulfil the ob8ectives of the (ovenment. 6the#ise stated, t1e
-o3er&9e&t 9$2 e&$ct 6e-%'6$t%o& t1$t 9$2 %&ter4ere D%t1 #er'o&$6 6%bert2, #ro#ert2, 6$D4,6
b,'%&e''e' $&/ occ,#$t%o&' to #ro9ote t1e -e&er$6 De64$re.

HoDe3er, t1e %&ter4ere&ce
9,'t be re$'o&$b6e $&/ &ot $rb%tr$r2. !&/ to 4ore't$66 $rb%tr$r%&e'', t1e 9et1o/' or 9e$&'
,'e/ to #rotect #,b6%c 1e$6t1, 9or$6', '$4et2 or De64$re 9,'t 1$3e $ re$'o&$b6e re6$t%o& to
t1e e&/ %& 3%eD.
The means adopted b" the 'an))unian #as the enactment of a 5onin( odinance #hich
eclassified the aea #hee the depot is situated fom industial to commecial. ! 5o&%&-
or/%&$&ce %' /e4%&e/ $' $ 6oc$6 c%t2 or 9,&%c%#$6 6e-%'6$t%o& D1%c1 6o-%c$662 $rr$&-e',
#re'cr%be', /e4%&e' $&/ $##ort%o&' $ -%3e& #o6%t%c$6 ',b/%3%'%o& %&to '#ec%4%c 6$&/ ,'e' $'
#re'e&t $&/ 4,t,re #roFect%o& o4 &ee/'. As a esult of the 5onin(, the continued opeation of
the businesses of the oil companies in thei pesent location #ill no lon(e be pemitted. T1e
#oDer to e't$b6%'1 5o&e' 4or %&/,'tr%$6, co99erc%$6 $&/ re'%/e&t%$6 ,'e' %' /er%3e/ 4ro9
t1e #o6%ce #oDer %t'e64 $&/ %' eBerc%'e/ 4or t1e #rotect%o& $&/ be&e4%t o4 t1e re'%/e&t' o4 $
6oc$6%t2. Conse!uentl", the enactment of 6dinance No. H*$/ is #ithin the po#e of
the 'an))unian) anlun)sod of the Cit" of Manila and an" esultin( buden on those affected
cannot be said to be un8ust... >Emphasis supplied?

2n (arlos 'uperdru) v. >epartment of 'ocial Helfare and >evelopment"
D)1E
#e also held0
,o this eason, #hen the conditions so demand as detemined b" the
le(islatue, #ro#ert2 r%-1t' 9,'t boD to t1e #r%9$c2 o4 #o6%ce #oDer bec$,'e #ro#ert2
r%-1t', t1o,-1 '1e6tere/ b2 /,e #roce'', 9,'t 2%e6/ to -e&er$6 De64$re.
1+&
Po6%ce #oDer $' $& $ttr%b,te to #ro9ote t1e co99o& -oo/ Do,6/ be /%6,te/
co&'%/er$b62 %4 o& t1e 9ere #6e$ o4 #et%t%o&er' t1$t t1e2 D%66 ',44er 6o'' o4 e$r&%&-' $&/
c$#%t$6, t1e I,e't%o&e/ #ro3%'%o& %' %&3$6%/$te/. Moreo3er, %& t1e $b'e&ce o4 e3%/e&ce
/e9o&'tr$t%&- t1e $66e-e/ co&4%'c$tor2 e44ect o4 t1e #ro3%'%o& %& I,e't%o&, t1ere %' &o
b$'%' 4or %t' &,66%4%c$t%o& %& 3%eD o4 t1e #re',9#t%o& o4 3$6%/%t2 D1%c1 e3er2 6$D 1$' %& %t'
4$3or. >Emphasis supplied.?

2n the case at ba, it is clea that the pima" ob8ectives of the cit" council of Oue5on Cit" #hen it issued
the !uestioned odinance odein( the constuction of acades #ee the health and safet" of the cit" and its
inhabitantsI the pomotion of thei pospeit"I and the impovement of thei moals, peace, (ood ode, comfot,
and the convenience. These acades povide safe and convenient passa(e alon( the side#al. fo commutes and
pedestians, not 8ust the esidents of Oue5on Cit". Moe especiall" so because the contested potion of the
buildin( is located on a bus" se(ment of the cit", in a business 5one alon( E7'A.
Coollail", the polic" of the Buildin( Code,
F$HG
#hich #as passed afte the Oue5on Cit" 6dinance,
suppots the pupose fo the enactment of 6dinance No. $+*A. The Buildin( Code states0

'ection 1*$. 7eclaation of Polic". M 2t is heeb" declaed to be the polic" of the 'tate to
safe(uad life, health, popet", and public #elfae, consistent #ith the pinciples of sound
envionmental mana(ement and contolI and to this end, ma.e it the pupose of this Code to
povide fo all buildin(s and stuctues, a fame#o. of minimum standads and e!uiements to
e(ulate and contol thei location, site, desi(n !ualit" of mateials, constuction, occupanc", and
maintenance.

'ection 1**A li.e#ise e!uies the constuction of acades #heneve e3istin( o 5onin( odinances
e!uie it. Appaentl", the la# allo#s the local (ovenment units to detemine #hethe acades ae necessa"
#ithin thei espective 8uisdictions.
Bustice -anca"co a(ues that thee is a thee-mete side#al. in font of his popet" line, and the acade
should be constucted above that side#al. athe than #ithin his popet" line. ;e do not need to addess this
a(ument inasmuch as it aises the issue of the #isdom of the cit" odinance, a matte #e #ill not and need not
delve into.
To eiteate, at the time that the odinance #as passed, thee #as no national buildin( code enfoced to
(uide the cit" councilI thus, thee #as no la# of national application that pohibited the cit" council fom e(ulatin(
the constuction of buildin(s, acades and side#al.s in thei 8uisdiction.
*he :"ing "alls< of the &uilding are not
nuisances #er 'e.

The MM7A claims that the potion of the buildin( in !uestion is a nuisance per se.
;e disa(ee.
The fact that in 1+&& the Cit" Council (ave Bustice -anca"co an e3emption fom constuctin( an acade
is an indication that the #in( #alls of the buildin( ae not nuisances per se. The #in( #alls do not per
se immediatel" and advesel" affect the safet" of pesons and popet". The fact that an odinance ma" declae a
stuctue ille(al does not necessail" ma.e that stuctue a nuisance.

Aticle &+A of the Civil Code defines nuisance as an" act, omission, establishment, business, condition o
popet", o an"thin( else that >1? in8ues o endan(es the health o safet" of othesI >$? anno"s o offends the
sensesI >@? shoc.s, defies o dise(ads decenc" o moalit"I >A? obstucts o intefees #ith the fee passa(e of
an" public hi(h#a" o steet, o an" bod" of #ateI o, >%? hindes o impais the use of popet". A nuisance ma"
1+/
be per se o per accidens. A nuisance per se is that #hich affects the immediate safet" of pesons and popet"
and ma" summail" be abated unde the undefined la# of necessit".
F$+G
Cleal", #hen Bustice -anca"co #as (iven a pemit to constuct the buildin(, the cit" council o the cit"
en(inee did not conside the buildin(, o its demolished potion, to be a theat to the safet" of pesons and
popet". This fact alone should have #aned the MM7A a(ainst summail" demolishin( the stuctue.
Neithe does the MM7A have the po#e to declae a thin( a nuisance. 6nl" couts of la# have the po#e
to detemine #hethe a thin( is a nuisance. 2n A( Enterprises v. :rabelle roperties (orp.,
F@*G
#e held0
;e a(ee #ith petitione:s contention that, unde 'ection AA/>a?>@?>i? of R.A. No. /1&*,
othe#ise .no#n as the =ocal -ovenment Code, the 'an))unian) an)lun)sod is empo#eed
to enact odinances declain(, peventin( o abatin( noise and othe foms of nuisance. 2t beas
stessin(, ho#eve, that the 'an))unian) ;ayan cannot declae a paticula thin( as a
nuisance per se and ode its condemnation. t /oe' &ot 1$3e t1e #oDer to 4%&/, $' $ 4$ct, t1$t
$ #$rt%c,6$r t1%&- %' $ &,%'$&ce D1e& ',c1 t1%&- %' &ot $ &,%'$&ce per seH &or c$& %t
$,t1or%5e t1e eBtr$F,/%c%$6 co&/e9&$t%o& $&/ /e'tr,ct%o& o4 t1$t $' $ &,%'$&ce D1%c1 %& %t'
&$t,re, '%t,$t%o& or ,'e %' &ot ',c1. T1o'e t1%&-' 9,'t be /eter9%&e/ $&/ re'o63e/ %& t1e
or/%&$r2 co,rt' o4 6$D. 2f a thin( be in fact, a nuisance due to the manne of its opeation, that
!uestion cannot be detemined b" a mee esolution of the 'an))unian) ;ayan. >Emphasis
supplied.?



MMDA illegall% demolished
the propert% of Justice 5anca%co.

MM7A alle(es that b" vitue of MM7A Resolution No. *$-$H, 'eies of $**$, it is empo#eed to demolish
Bustice -anca"coWs popet". 2t insists that the Meto Manila Council authoi5ed the MM7A and the local
(ovenment units to clea the side#al.s, steets, avenues, alle"s, bid(es, pa.s and othe public places in Meto
Manila of all ille(al stuctues and obstuctions. 2t futhe alle(es that it demolished the popet" pusuant to the
Buildin( Code in elation to 6dinance No. $+*A as amended.
1o#eve, the Buildin( Code cleal" povides the pocess b" #hich a buildin( ma" be demolished. The
authoit" to ode the demolition of an" stuctue lies #ith the Buildin( 6fficial. The petinent povisions of the
Buildin( Code povide0
'ECT26N $*%. Buildin( 6fficials. C E3cept as othe#ise povided heein, the Buildin(
6fficial shall be esponsible fo ca"in( out the povisions of this Code in the field as #ell as the
enfocement of odes and decisions made pusuant theeto.

7ue to the e3i(encies of the sevice, the 'eceta" ma" desi(nate incumbent Public ;o.s
7istict En(inees, Cit" En(inees and Municipal En(inees act as Buildin( 6fficials in thei
espective aeas of 8uisdiction.
The desi(nation made b" the 'eceta" unde this 'ection shall continue until e(ula positions of
Buildin( 6fficial ae povided o unless soone teminated fo causes povided b" la# o decee.

333 333 333

'ECT26N $*/. 7uties of a Buildin( 6fficial. C 2n his espective teitoial 8uisdiction, the
Buildin( 6fficial shall be pimail" esponsible fo the enfocement of the povisions of this Code
as #ell as of the implementin( ules and e(ulations issued theefo. 1e is the official cha(ed
#ith the duties of issuin( buildin( pemits.
1+H

2n the pefomance of his duties, a Buildin( 6fficial ma" ente an" buildin( o its pemises at all
easonable times to inspect and detemine compliance #ith the e!uiements of this Code, and
the tems and conditions povided fo in the buildin( pemit as issued.

:1e& $&2 b,%6/%&- DorE %' 4o,&/ to be co&tr$r2 to t1e #ro3%'%o&' o4 t1%' Co/e, t1e
0,%6/%&- O44%c%$6 9$2 or/er t1e DorE 'to##e/ $&/ #re'cr%be t1e ter9' $&/Por co&/%t%o&'
D1e& t1e DorE D%66 be $66oDe/ to re',9e. L%EeD%'e, t1e 0,%6/%&- O44%c%$6 %' $,t1or%5e/ to
or/er t1e /%'co&t%&,$&ce o4 t1e occ,#$&c2 or ,'e o4 $&2 b,%6/%&- or 'tr,ct,re or #ort%o&
t1ereo4 4o,&/ to be occ,#%e/ or ,'e/ co&tr$r2 to t1e #ro3%'%o&' o4 t1%' Co/e.

333 333 333

'ECT26N $1%. !b$te9e&t o4 "$&-ero,' 0,%6/%&-'. N :1e& $&2 b,%6/%&- or
'tr,ct,re %' 4o,&/ or /ec6$re/ to be /$&-ero,' or r,%&o,', t1e 0,%6/%&- O44%c%$6 '1$66
or/er %t' re#$%r, 3$c$t%o& or /e9o6%t%o& /e#e&/%&- ,#o& t1e /e-ree o4 /$&-er to 6%4e,
1e$6t1, or '$4et2. T1%' %' D%t1o,t #reF,/%ce to 4,rt1er $ct%o& t1$t 9$2 be t$Ee& ,&/er t1e
#ro3%'%o&' o4 !rt%c6e' 482 $&/ 694 to )*) o4 t1e C%3%6 Co/e o4 t1e P1%6%##%&e'. >Emphasis
supplied.?

MM>A v. 8rac+!or+s Rail 8ransit Advertisin)" Vendin) and romotions" ,nc.
F@1G
is applicable to the case at
ba. 2n that case, MM7A, invo.in( its chate and the Buildin( Code, summail" dismantled the advetisin( media
installed on the Meto Rail Tansit >MRT? @. This Cout held0
2t is futile fo MM7A to simpl" invo.e its le(al mandate to 8ustif" the dismantlin( of
Tac.#o.s: billboads, si(na(es and othe advetisin( media. MM7A simpl" had no po#e on its
o#n to dismantle, emove, o desto" the billboads, si(na(es and othe advetisin( media
installed on the MRT@ stuctue b" Tac.#o.s. 2n Metropolitan Manila >evelopment Authority v.
;el-Air Villa)e Association, ,nc., Metropolitan Manila >evelopment Authority v. Viron
8ransportation (o." ,nc., and Metropolitan Manila >evelopment Authority v. Garin, t1e Co,rt 1$/
t1e occ$'%o& to r,6e t1$t MM"!K' #oDer' Dere 6%9%te/ to t1e 4or9,6$t%o&, coor/%&$t%o&,
re-,6$t%o&, %9#6e9e&t$t%o&, #re#$r$t%o&, 9$&$-e9e&t, 9o&%tor%&-, 'ett%&- o4 #o6%c%e',
%&'t$66%&- $ '2'te9, $&/ $/9%&%'tr$t%o&. Not1%&- %& Re#,b6%c !ct No. )924 -r$&te/ MM"!
#o6%ce #oDer, 6et $6o&e 6e-%'6$t%3e #oDer.

Claif"in( the eal natue of MM7A, the Cout held0

...T1e MM"! %', $' ter9e/ %& t1e c1$rter %t'e64, $ J/e3e6o#9e&t $,t1or%t2J. t %' $&
$-e&c2 cre$te/ 4or t1e #,r#o'e o4 6$2%&- /oD& #o6%c%e' $&/ coor/%&$t%&- D%t1 t1e 3$r%o,'
&$t%o&$6 -o3er&9e&t $-e&c%e', #eo#6eK' or-$&%5$t%o&', &o&--o3er&9e&t$6 or-$&%5$t%o&'
$&/ t1e #r%3$te 'ector 4or t1e e44%c%e&t $&/ eB#e/%t%o,' /e6%3er2 o4 b$'%c 'er3%ce' %& t1e
3$'t 9etro#o6%t$& $re$. All its functions are administrati!e in nature $&/ t1e'e $re $ct,$662
',99e/ ,# %& t1e c1$rter %t'e64, viz0
'ec.$. (reation of the Metropolitan Manila >evelopment Authority.- 333.
The MM7A shall pefom plannin(, monitoin( and coodinative functions, and in the
pocess e3ecise e(ulato" and supeviso" authoit" ove the delive" of meto-#ide
sevices #ithin Meto Manila, #ithout diminution of the autonom" of local (ovenment
units concenin( puel" local mattes.

The Cout also a(ees #ith the CA:s ulin( that MM7A Re(ulation No. +&-**+ and MMC
Memoandum Cicula No. HH-*+ did not appl" to Tac.#o.s: billboads, si(na(es and othe
advetisin( media. The pohibition a(ainst postin(, installation and displa" of billboads, si(na(es
and othe advetisin( media applied onl" to public aeas, but MRT@, be%&- #r%3$te #ro#ert2
#,r',$&t to t1e 0LT $-ree9e&t betDee& t1e Go3er&9e&t $&/ MRTC, D$' &ot o&e o4 t1e
$re$' $' to D1%c1 t1e #ro1%b%t%o& $##6%e/. Moeove, MMC Memoandum Cicula No. HH-*+
1++
did not appl" to Tac.#o.s: billboads, si(na(es and othe advetisin( media in MRT@, because
it did not specificall" cove MRT@, and because it #as issued a "ea pio to the constuction of
MRT@ on the cente island of E7'A. Cleal", MMC Memoandum Cicula No. HH-*+ could not
have included MRT@ in its pohibition.

MM7A:s insistence that it #as onl" implementin( Pesidential 7ecee No. 1*+& >;uildin)
(odeC and its implementin( ules and e(ulations is not pesuasive. T1e #oDer to e&4orce t1e
#ro3%'%o&' o4 t1eBuilding Code D$' 6o/-e/ %& t1e "e#$rt9e&t o4 P,b6%c :orE' $&/
H%-1D$2' L"P:HM, &ot %& MM"!, co&'%/er%&- t1e 6$DK' 4o66oD%&- #ro3%'%o&, thus0

'ec. $*1. Responsibilit" for Administration and Enforcement. -
The administation and enfocement of the povisions of this Code includin( the
imposition of penalties fo administative violations theeof is heeb" vested in the
'eceta" of Public ;o.s, Tanspotation and Communications, heeinafte efeed to
as the )'eceta".)

T1ere %' $6'o &o e3%/e&ce '1oD%&- t1$t MM"! 1$/ bee& /e6e-$te/ b2 "P:H to
%9#6e9e&t t1e Building Code. BEmphasis supplied.?

Additionall", the penalt" pescibed b" 6dinance No. $+*A itself does not include the demolition of
ille(all" constucted buildin(s in case of violations. 2nstead, it meel" pescibes a punishment of Xa fine of not
moe than t#o hunded pesos >P$**.**? o b" impisonment of not moe than thit" >@*? da"s, o b" both such fine
and impisonment $t t1e /%'cret%o& o4 t1e Co,rt, Povided, that if the violation is committed b" a copoation,
patneship, o an" 8uidical entit", the Mana(e, mana(in( patne, o an" peson cha(ed #ith the mana(ement
theeof shall be held esponsible theefo.Y The odinance itself also cleal" states that it is the e(ula couts that
#ill detemine #hethe thee #as a violation of the odinance.

As pointed out in 8rac+!or+s" the MM7A does not have the po#e to enact odinances. Thus, it cannot
supplement the povisions of Oue5on Cit" 6dinance No. $+*A meel" thou(h its Resolution No. *$-$H.
=astl", the MM7A claims that the Cit" -ovenment of Oue5on Cit" ma" be consideed to have appoved
the demolition of the stuctue, simpl" because then Oue5on Cit" Ma"o ,eliciano R. Belmonte si(ned MM7A
Resolution No. *$-$H. 2n effect, the cit" (ovenment dele(ated these po#es to the MM7A. The po#es efeed
to ae those that include the po#e to declae, pevent and abate a nuisance
F@$G
and to futhe impose the penalt"
of emoval o demolition of the buildin( o stuctue b" the o#ne o b" the cit" at the e3pense of the o#ne.
F@@G
MM7AWs a(ument does not hold #ate. Thee #as no valid dele(ation of po#es to the MM7A. Conta"
to the claim of the MM7A, the Cit" -ovenment of Oue5on Cit" #ashed its hands off the acts of the fome. 2n its
Ans#e,
F@AG
the cit" (ovenment stated that Xthe demolition #as undeta.en b" the MM7A onl", #ithout the
paticipation andLo consent ofOue5on Cit".Y Theefoe, the MM7A acted on its o#n and should be held solel"
liable fo the destuction of the potion of Bustice -anca"coWs buildin(.
:HEREFORE, in vie# of the foe(oin(, the 7ecision of the Cout of Appeals in CA--.R. 'P No. HA&AH
is !FFRME".

SO OR"ERE".



M!R! LOUR"ES P. !. SERENO
Associate Bustice




$**

;E C6NC<R0



REN!TO C. CORON!
Chief Bustice



!NTONO T. C!RPO PRES0TERO .. 7EL!SCO, .R.
Associate Bustice Associate Bustice



TEREST! .. LEON!R"O-"E C!STRO !RTURO ". 0RON
Associate Bustice Associate Bustice


>6n official leave?
"OS"!"O M. PER!LT! LUC!S P. 0ERS!MN
Associate Bustice Associate Bustice



M!R!NO C. "EL C!STLLO RO0ERTO !. !0!"
Associate Bustice Associate Bustice


>6n official leave?
M!RTN S. 7LL!R!M!, .R. .OSE PORTUG!L PERE(
Associate Bustice Associate Bustice


No P$rt
.OSE C. MEN"O(! 0EN7EN"O L. RE;ES
Associate Bustice Associate Bustice



ESTEL! M. PERL!S-0ERN!0E
Associate Bustice








C E R T F C ! T O N

Pusuant to 'ection 1@, Aticle E222 of the Constitution, 2 cetif" that the conclusions in the above 7ecision
had been eached in consultation befoe the case #as assi(ned to the #ite of the opinion of the Cout.

$*1

REN!TO C. CORON!
C1%e4 .,'t%ce
Republic of the Philippines
'upeme Cout
Manila


FRST "7SON


METROPOLT!N M!NL! G.R. No. 1)9++4
"E7ELOPMENT !UTHORT;,
Petitione, Pesent0

P<N6, (.6., (hairperson"
-versus- CARP26
M6RA=E',
=E6NAR76-7E CA'TR6,
BER'AM2N, and
E2==ARAMA, BR., 66.
TR!C8:OR8S R!L TR!NST
!"7ERTSNG, 7EN"NG Pro9,6-$te/A
!N" PROMOTONS, NC.,
Respondent. 7ecembe 1&, $**+
B-----------------------------------------------------------------------------------------B


R E S O L U T O N

0ERS!MN, J.A

This case concens #hethe the Metopolitan Manila 7evelopment Authoit" >MM7A? could unilateall"
dismantle the billboads, si(na(es and othe adveti5in( media in the stuctues of the Meto Rail Tansit @
>MRT@? installed b" espondent advetisin( compan" b" vitue of its e3istin( contact #ith the o#ne of the MRT@.

The tial and appellate couts uled that MM7A did not have the authoit" to dismantle. MM7A is no#
befoe the Cout to assail such advese ulin(.


!&tece/e&t'

2n 1++/, the -ovenment, thou(h the 7epatment of Tanspotation and Communications, enteed into a
build-lease-tansfe a(eement >B=T a(eement? #ith Meto Rail Tansit Copoation, =imited >MRTC? pusuant to
Republic Act No. &+%/ >;uild" 5perate and 8ransfer La!?, unde #hich MRTC undetoo. to build MRT@ sub8ect to
the condition that MRTC #ould o#n MRT@ fo $% "eas, upon the e3piation of #hich the o#neship #ould tansfe
to the -ovenment.

The B=T a(eement stipulated, amon( othes, that MRTC could build and develop commecial pemises
in the MRT@ stuctues, o obtain advetisin( income theefom, viz0

$*$
1&.1. 7etails of 7evelopment Ri(hts. 76TC heeb" confims and a#ads to Meto Rail
the i(hts to >a? develop commecial pemises in the 7epot and the ai space above the 'tations,
#hich shall be allo#ed to such hei(ht as is le(all" and technicall" feasible, >b? lease o sub-lease
inteests o assi(n such inteests in the 7epot and such ai space and >c? obtain an" advetisin(
income fom the 7epot and such ai space and =RT' Phase 2P.

X=RT' Phase 2Y means the ail tanspot s"stem compisin( about 1&.+ line .ilometes
e3tendin( fom Taft Avenue, Pasa" Cit", to Noth Avenue, Oue5on Cit", occup"in( a stip in the
cente of E7'A appo3imatel" 1*.% metes #ide >appo3imatel" 1$ metes #ide at o aound the
Boni Avenue, 'antolan and Buendia 'tations?, plus about *.1 to *.$ line .ilometes e3tendin(
fom the Noth Avenue 'tation to the 7epot, to(ethe #ith the 'tations, /@ =i(ht Rail Eehicles and
all ancilla" plant, e!uipment and facilities, as moe paticulal" detailed in the 'pecifications.

1&.$. Assi(nment of Ri(hts. 7uin( the 7evelopment Ri(hts Peiod, Meto Rail shall be
entitled to assi(n all o an" of its i(hts, titles and inteests in the 7evelopment Ri(hts to bona fide
eal estate developes. 2n this connection, Meto Rail ma" ente into such development, lease,
sub-lease o othe a(eements o contacts elatin( to the 7epot and the ai space above the
'tations >the space not needed fo all o an" potion of the opeation of the =RT'? fo all o an"
potion of the 7evelopment Ri(hts PeiodP.


2n 1++H, espondent Tac.#o.s Rail Tansit Advetisin(, Eendin( T Pomotions, 2nc. >Tac.#o.s? enteed
into a contact fo advetisin( sevices #ith MRTC. Tac.#o.s theeafte installed commecial billboads,
si(na(es and othe adveti5in( media in the diffeent pats of the MRT@. 2n $**1, ho#eve, MM7A e!uested
Tac.#o.s to dismantle the billboads, si(na(es and othe adveti5in( media pusuant to MM7A Re(ulation No.
+&-**+, #heeb" MM7A pohibited the postin(, installation and displa" of an" .ind o fom of billboads, si(ns,
postes, steames, in an" pat of the oad, side#al., cente island, posts, tees, pa.s and open space. Afte
Tac.#o.s efused the e!uest of MM7A, MM7A poceeded to dismantle the fomeWs billboads and simila
foms of advetisement.

6n Mach 1, $**$, Tac.#o.s filed a(ainst MM7A in the Re(ional Tial Cout >RTC? in Pasi( Cit" an
in8unction suit >#ith pa"e fo the issuance of a tempoa" estainin( ode FTR6G and pelimina" in8unction?,
doc.eted as Civil Case No. &HH&A.

6n Mach &, $**$, the RTC >Banch 1%%? issued a TR6, en8oinin( MM7A fom dismantlin( o desto"in(
Tac.#o.sW billboads, si(na(es and othe adveti5in( media. 6n Mach $%, $**$, the RTC issued a #it of
pelimina" in8unction fo the same pupose.

;ithout filin( a motion for reconsideration to challen(e the RTCWs issuances, MM7A bou(ht a petition
fo certiorari and pohibition befoe the Cout of Appeals >CA?, doc.eted as C.A.--.R. 'P No. /*+@$, but the CA
denied the petition and affimed the RTC on Au(ust @1, $**A. The CA ultimatel" denied MM7AWs motion for
reconsideration thou(h its esolution issued on Mach 1A, $**%.

Thence, MM7A appealed to this Cout >-.R. No. 1&/%1A?, #hich denied MM7AWs petition fo evie#
on 6ctobe $%, $**%.
F1G

R,6%&- o4 t1e RTC

2n the mean#hile, on 6ctobe 1*, $**%, the RTC >Banch 1%%? endeed its decision pemanentl"
en8oinin( MM7A fom dismantlin(, emovin( o desto"in( the billboads, si(na(es and othe adveti5in( media
installed b" Tac.#o.s on the inteio and e3teio stuctues of the MRT@.
F$G

R,6%&- o4 t1e C!

MM7A appealed the RTCWs decision to the CA.

$*@
6n Apil @*, $**/, the CA denied the MM7AWs appeal,
F@G
holdin( that Tac.#o.sW i(ht to install billboads,
si(na(es and othe adveti5in( media on the inteio and e3teio stuctues of the MRT@ must be potected b" a
#it of pemanent in8unctionI and that MM7A had no po#e to dismantle, emove o desto" Tac.#o.sW
billboads, si(na(es and othe adveti5in( media.
FAG

MM7A moved fo econsideation, but the CA esolution denied the motion for
reconsideration on 'eptembe @, $**/.
F%G

1ence, this appeal b" petition fo evie#.

'',e'

MM7A claims that its mandate unde its chate
F&G
of fomulatin(, coodinatin( and monitoin( of policies,
standads, po(ess and po8ects fo the use of thoou(hfaes and the pomotion of safe and
convenient movement of pesons and (oods pompted its issuance of MM7A Re(ulation No. +&-**+, #hich
eads in pat0

h. ? 2t is unla#ful fo an" pesonLs, pivate o public copoations, advetisin( and
pomotions companies, movie poduces, pofessionals and sevice contactos to post, install,
displa" an" .ind o fom of billboads, si(ns, postes, steames, pofessional sevice
advetisements and othe visual cluttes in an" pat of the oad, side#al., cente island, posts,
tees pa.s and open space.


MM7A aves that the convesion of the cente island of Epifanio 7elos 'antos Avenue >E7'A? into the
caia(e#a" of the MRT@ line did not e3empt the E7'A cente island fom the covea(e of the MM7A e(ulationI
F/G
that the -ovenmentWs (ant of development i(hts to MRTC #as not an abdication of its i(ht to e(ulate, and,
theefoe, the development of the MRT@ emained sub8ect to all e3istin( and applicable national and local la#s,
odinances, ules and e(ulationsI
FHG
that MM7A #as meel" implementin( e3istin( and applicable la#sI
F+G
that
Tac.#o.sW advetisin( mateials #ee placed indisciminatel" and #ithout due e(ad to safet", and as such
mi(ht be classified as obstuctions and distactions to the motoists tavesin( E7'AI
F1*G
and that the inteests of a
fe# should not pevail ove the (ood of the (eate numbe in the communit" #hose safet" and (eneal #elfae
MM7A #as mandated to potect.
F11G

Tac.#o.s maintains, on the othe hand, that MM7AWs petition #as defective fo its failue to aise an"
(enuine !uestion of la#I and that the CAWs decision dated Apil @*, $**/ #as valid and coect.
F1$G

R,6%&- o4 t1e Co,rt

The petition has no meit.

That Tac.#o.s deived its i(ht to install its billboads, si(na(es and othe adveti5in( media in the MRT@
fom MRTCWs authoit" unde the B=T a(eement to develop commecial pemises in the MRT@ stuctue o to
obtain advetisin( income theefom is no lon(e debatable. <nde the B=T a(eement, indeed, MRTC o#ned the
MRT@ fo $% "eas, upon the e3piation of #hich MRTC #ould tansfe o#neship of the MRT@ to the
-ovenment.

Considein( that MRTC emained to be the o#ne of the MRT@ duin( the time mateial to this case, and
until this date, MRTCWs entein( into the contact fo advetisin( sevices #ith Tac.#o.s #as a valid e3ecise of
o#neship b" the fome. 2n fact, in Metropolitan Manila >evelopment Authority v. 8rac+!or+s Rail 8ransit
Advertisin)" Vendin) E romotions,,nc."
F1@G
this Cout e3pessl" eco(ni5ed Tac.#o.sW i(ht to install the
billboads, si(na(es and othe advetisin( media pusuant to said contact. The latteWs i(ht should, theefoe, be
espected.

2t is futile fo MM7A to simpl" invo.e its le(al mandate to 8ustif" the dismantlin( of Tac.#o.sW billboads,
si(na(es and othe advetisin( media. MM7A simpl" had no po#e on its o#n to dismantle, emove, o desto"
$*A
the billboads, si(na(es and othe advetisin( media installed on the MRT@ stuctue b"
Tac.#o.s. 2n Metropolitan Manila >evelopment Authority v. ;el-Air Villa)e Association, ,nc.,
F1AG
Metropolitan
Manila >evelopment Authority v. Viron 8ransportation (o." ,nc.,
F1%G
and Metropolitan Manila >evelopment
Authority v. Garin,
F1&G
the Cout had the occasion to ule that MM7AWs po#es #ee limited to the fomulation,
coodination, e(ulation, implementation, pepaation, mana(ement, monitoin(, settin( of policies, installin( a
s"stem, and administation. Nothin( in Republic Act No. /+$A (anted MM7A police po#e, let alone le(islative
po#e.
F1/G

Claif"in( the eal natue of MM7A, the Cout held0

333 The MM7A is, as temed in the chate itself, a Xdevelopment authoit"Y. 2t is an a(enc"
ceated fo the pupose of la"in( do#n policies and coodinatin( #ith the vaious national
(ovenment a(encies, peopleWs o(ani5ations, non-(ovenmental o(ani5ations and the pivate
secto fo the efficient and e3peditious delive" of basic sevices in the vast metopolitan aea. All
its functions are administrative in nature and these ae actuall" summed up in the chate
itself, viz0


'ec.$. (reation of the Metropolitan Manila >evelopment Authority.- 333.
The MM7A shall pefom plannin(, monitoin( and coodinative functions, and in the
pocess e3ecise e(ulato" and supeviso" authoit" ove the delive" of meto-#ide
sevices #ithin Meto Manila, #ithout diminution of the autonom" of local (ovenment
units concenin( puel" local mattes.
F1HG


The Cout also a(ees #ith the CAWs ulin( that MM7A Re(ulation No. +&-**+ and MMC Memoandum
Cicula No. HH-*+ did not appl" to Tac.#o.sW billboads, si(na(es and othe advetisin( media. The pohibition
a(ainst postin(, installation and displa" of billboads, si(na(es and othe advetisin( media applied onl" to public
aeas, but MRT@, bein( pivate popet" pusuant to the B=T a(eement bet#een the -ovenment and MRTC,
#as not one of the aeas as to #hich the pohibition applied. Moeove, MMC Memoandum Cicula No. HH-*+
did not appl" to Tac.#o.sW billboads, si(na(es and othe advetisin( media in MRT@, because it did not
specificall" cove MRT@, and because it #as issued a "ea pio to the constuction of MRT@ on the cente island
of E7'A. Cleal", MMC Memoandum Cicula No. HH-*+ could not have included MRT@ in its pohibition.

MM7AWs insistence that it #as onl" implementin( Pesidential 7ecee No. 1*+& >;uildin) (ode? and its
implementin( ules and e(ulations is not pesuasive. The po#e to enfoce the povisions of the ;uildin)
(ode #as lod(ed in the 7epatment of Public ;o.s and 1i(h#a"s >7P;1?, not in MM7A, considein( the la#Ws
follo#in( povision, thus0

'ec. $*1. Responsibilit" for Administration and Enforcement. M
The administation and enfocement of the povisions of this Code includin( the imposition of
penalties fo administative violations theeof is heeb" vested in the 'eceta" of Public ;o.s,
Tanspotation and Communications, heeinafte efeed to as the X'eceta".Y


Thee is also no evidence sho#in( that MM7A had been dele(ated b" 7P;1 to implement the ;uildin)
(ode.

:HEREFORE, #e den" the petition fo evie#, and affim the decision dated Apil @*,
$**/ and the esolution dated 'eptembe @, $**/.

Costs a(ainst the petitione.

SO OR"ERE".
$*%




LUC!S P. 0ERS!MN
Associate Bustice



:E CONCURA




RE;N!TO S. PUNO
Chief Bustice
Chaipeson





CONCHT! C!RPO MOR!LES TEREST! .. LEON!R"O-"E C!STRO
Associate Bustice Associate Bustice





M!RTN S. 7LL!R!M!, .R.
Associate Bustice




C E R T F C ! T O N


Pusuant to 'ection 1@, Aticle E222 of the Constitution, 2 cetif" that the conclusions in the above
Resolution had been eached in consultation befoe the case #as assi(ned to the #ite of the opinion of the
CoutWs 7ivision.



RE;N!TO S. PUNO
Chief Bustice

Republic of the Philippines
'<PREME C6<RT
Manila

,2R'T 72E2'26N

!NUNC!CON 7"!. "E OU!NO, G.R. No. 168))*
$*&
M!RO P. OU!NO, LETC! OU!NO
!RN!(, $&/ CELO OU!NO M!RTNE(,
Petitione
s,

- vesus -

THE REPU0LC OF
THEPHLPPNES, THE M!CT!N-CE0U
NTERN!TON!L !RPORT !UTHORT;,
$&/ THE REGSTER OF "EE"S FOR THE
CT; OF CE0U,
Respondents.
3-------------------------------------------3

M!CT!N-CE0UNTERN!TON!L
!RPORT !UTHORT; LMC!!M,
Petitione,

- vesus -

RC!R"O L. NOC!N, %& 1%'
#er'o&$6 c$#$c%t2 $&/ $' !ttor&e2-%&-F$ct
o4 OL;MP! E. ESTE7ES, EML! E.
0!C!LL!, RESTTUT! E. MONT!N!, $&/
R!UL L. NOC!NH $&/ !LETH! SUCO
M!G!T, %& 1er #er'o&$6 c$#$c%t2 $&/ $'
!ttor&e2-%&-F$ct o4 PHLP M. SUCO,
"ORS S. "EL! CRU(, .!MES M. SUCO,
E":!R" M. SUCO, ROSEL;N SUCO-
L!:SN, RE< M. SUCO, 8H!RL! SUCO-
GUTERRE(, !L0ERT CHONG0!N, $&/
.OHNN; CH!N,
Responden
ts.


Pesent0

C6R6NA, (.6., Chaipeson,
EE=A'C6, BR.,
=E6NAR76-7E CA'TR6,
7E= CA'T2==6,
PEREJ, 66.




G.R. No. 168812


















Pomul(ated0

,ebua" +, $*11
3-----------------------------------------------------------------------------------------3

" E C S O N

7EL!SCO, .R., J.A


At the cente of these t#o >$? Petitions fo Revie# on Cetioai unde Rule A% is the issue of the i(ht of the
fome o#nes of lots ac!uied fo the e3pansion of the =ahu( Aipot inCebu Cit" to epuchase o secue
econve"ance of thei espective popeties.

2n the fist petition, doc.eted as G.R. No. 168))*, petitiones Anunciacion vda. de 6uano, Maio 6uano,
=eticia 6uano Anai5 and Cielo 6uano Matine5 >the 6uanos? see. to nullif" the 7ecision
F1G
dated 'eptembe @,
$**A of the Cout of Appeals >CA? in CA--.R. CE No. /H*$/, affimin( the 6de dated 7ecembe +, $**$ of the
Re(ional Tial Cout >RTC?, Banch %/ in Cebu Cit", in Civil Case No. CEB-$*/A@, a suit to compel the Republic
of the Philippines andLo the Mactan-Cebu 2ntenational Aipot Authoit" >MC2AA? to econve" to the 6uanos a
pacel of land.

The second petition, doc.eted as G.R. No. 168812, has the MC2AA see.in( pincipall" to annul
and set aside the 7ecision
F$G
and Resolution
D;E
dated Banua" 1A, $**% and Bune $+, $**%, espectivel", of the
$*/
CA in CA--.R. CE No. &A@%&, sustainin( the RTC, Banch 1@ in Cebu Cit" in its 7ecision of 6ctobe /, 1+HH in
Civil Case No. CEB-1H@/*.

Pe its 6ctobe 1+, $**% Resolution, the Cout odeed the consolidation of both cases.

E3cept fo the names of the paties and the specific lot desi(nation involved, the elevant factual
antecedents #hich (ave ise to these consolidated petitions ae, fo the most pat, as set foth in the CoutWs
7ecision
FAG
of 6ctobe 1%, $**@, as eiteated in a Resolution
F%G
dated Au(ust +, $**%, in G.R. No.
1+62)3 entitled Geirs of 8imoteo Moreno and Maria Rotea v. Mactan-(ebu ,nternational Airport Authority >Geirs
of Moreno?, and in othe ealie elated cases.
F&G

2n 1+A+, the National Aipot Copoation >NAC?, MC2AAWs pedecesso a(enc", pusued a po(am to
e3pand the =ahu( Aipot in Cebu Cit". Thou(h its team of ne(otiatos, NAC met and ne(otiated #ith the o#nes
of the popeties situated aound the aipot, #hich included =ot Nos. /AA-A, /A%-A, /A&, /A/, /&1-A, /&$-A, /&@-
A, +A$, and +A/ of the Banilad Estate. As the lando#nes #ould late claim, the (ovenment ne(otiatin( team, as
a s#eetene, assued them that the" could epuchase thei espective lands should the =ahu( Aipote3pansion
po8ect do not push thou(h o once the =ahu( Aipot closes o its opeations tansfeed to Mactan-Cebu Aipot.
'ome of the lando#nes accepted the assuance and e3ecuted deeds of sale #ith a i(ht of epuchase. 6thes,
ho#eve, includin( the o#nes of the afoementioned lots, efused to sell because the puchase pice offeed #as
vie#ed as #a" belo# ma.et, focin( the hand of the Republic, epesented b" the then Civil Aeonautics
Administation >CAA?, as successo a(enc" of the NAC, to file a complaint fo the e3popiation of =ot Nos. /AA-A,
/A%-A, /A&, /A/, /&1-A, /&$-A, /&@-A, +A$, and +A/, amon( othes, doc.eted as C%3%6 C$'e No. R-
1881 entitled Republic v. >amian 5uano" et al.

6n 7ecembe $+, 1+&1, the then Cout of ,ist 2nstance >C,2? of Cebu endeed 8ud(ment fo the
Republic, disposin(, in pat, as follo#s0

N 7E: OF THE FOREGONG, 8ud(ment is heeb" endeed0

1. 7eclain( the e3popiation of =ots Nos. /%, /&, /&, H+, +*, +1, +$, 1*%, 1*&, 1*/, 1*H,
1*A, +$1-A, HH, +@, +1@-B, /$, //, +1&, ///-A, +1H, +1+, +$*, /&A-A, +HH, /AA-A, /A%-A, /A&,
/A/, /&$-A, /&@-A, +%1, +A$, /$*-A, 3 3 3 and +A/, included in the =ahu( Aipot, Cebu Cit",
8ustified in and in la#ful e3ecise of the i(ht of eminent domain.

3 3 3 3
@. Afte the pa"ment of the foe(oin( financial obli(ation to the lando#nes, diectin( the
latte to delive to the plaintiff the coespondin( Tansfe Cetificates of Title to thei espective
lotsI and upon the pesentation of the said titles to the Re(iste of 7eeds, odein( the latte to
cancel the same and to issue, in lieu theeof, ne# Tansfe Cetificates of Title in the name of the
plaintiff.
F/G


2n vie# of the adveted bu"-bac. assuance made b" the (ovenment, the o#nes of the lots no lon(e
appealed the decision of the tial cout.
FHG
,ollo#in( the finalit" of the 8ud(ment of condemnation, cetificates of title
fo the coveed pacels of land #ee issued in the name of the Republic #hich, pusuant to Republic Act No. &+%H,
F+G
#ee subse!uentl" tansfeed to MC2AA.

At the end of 1++1, o soon afte the tansfe of the afoesaid lots to MC2AA, =ahu( Aipot completel"
ceased opeations, Mactan Aipot havin( opened to accommodate incomin( and out(oin( commecial fli(hts. 6n
the (ound, the e3popiated lots #ee neve utili5ed fo the pupose the" #ee ta.en as no e3pansion
of =ahu( Aipot #as undeta.en. This development pompted the fome lot o#nes to fomall" demand fom the
(ovenment that the" be allo#ed to e3ecise thei pomised i(ht to epuchase. The demands #ent unheeded.
Civil suits follo#ed.

G.R. No. 168812 LMC!! Pet%t%o&M

$*H
6n ,ebua" H, 1++&, Ricado =. 2nocian and fou othes >all childen of 2sabel =imba(a #ho oi(inall"
o#ned si3 F&G of the lots e3popiated?I and Aletha 'uico Ma(at and seven othes, successos-in-inteest of
'antia(o 'uico, the oi(inal o#ne of t#o >$? of the condemned lots >collectivel", the 2nocians?, filed befoe the
RTC in Cebu Cit" a complaint fo econve"ance of eal popeties and dama(es a(ainst MC2AA. The complaint,
doc.eted as C%3%6 C$'e No. CE0-183)*, #as eventuall" affled to Banch 1@ of the cout.

6n 'eptembe $+, 1++/, one Albet Chion(bian >Chion(bian?, alle(in( to be the o#ne of =ot Nos. /&1-A
and /&$-A but #hich the 2nocians #ee no# claimin(, moved and #as late allo#ed to intevene.

7uin( the pe-tial, MC2AA admitted the follo#in( facts0

1. That the popeties, #hich ae the sub8ect matte of Civil Case No. CEB-1H@/*, ae
also the popeties involved in Civil Case R-1HH1I

$. That the pupose of the e3popiation #as fo the e3pansion of the
old =ahu( AipotI that the =ahu( Aipot #as not e3pandedI

@. That the old =ahu( Aipot #as closed sometime in Bune 1++$I
A. That the pice paid to the lot o#nes in the e3popiation case is found in the
decision of the coutI and

%. That some popeties #ee econve"ed b" the MC2AA because the pevious o#nes
#ee able to secue e3pess #aives o ides #heein the (ovenment a(eed to etun the
popeties should the e3pansion of the =ahu( Aipot not mateiali5e.

7uin( tial, the 2nocians adduced evidence #hich included the testimon" of Ricado 2nocian >2nocian? and
Asteio <" ><"?. <", an emplo"ee of the CAA, testified that he #as a membe of the team #hich ne(otiated fo
the ac!uisition of cetain lots in =ahu( fo the poposed e3pansion of the =ahu( Aipot. 1e ecalled that he acted
as the intepeteLspo.esman of the team since he could spea. the Cebuano dialect. 1e stated that the othe
membes of the team of ne(otiatos #ee Att". Pedo 6campo, Att". =ansan(, and Att". 'ali(umba. 1e
ecounted that, in the couse of the ne(otiation, thei team assued the lando#nes that thei landholdin(s #ould
be econve"ed to them in the event the =ahu( Aipot #ould be abandoned o if its opeation #ee tansfeed to
the Mactan Aipot. 'ome lando#nes opted to sell, #hile othes #ee of a diffeent bent o#in( to the inade!uac"
of the offeed pice.

2nocian testified that he and his mothe, 2sabel =amba(a, attended a meetin( called b" the NAC team of
ne(otiatos sometime in 1+A/ o 1+A+ #hee he and the othe lando#nes #ee (iven the assuance that the"
could epuchase thei lands at the same pice in the event the =ahu( Aipot ceases to opeate. 1e futhe
testified that the" e8ected the NACWs offe. 1o#eve, he said that the" no lon(e appealed the decee of
e3popiation due to the epuchase assuance adveted to.

The MC2AA pesented Michael Bacai5as >Bacai5as?, #ho stated #o.in( fo MC2AA as le(al assistant
in 1++&. 1e testified that, in the couse of doin( eseach #o. on the lots sub8ect of Civil Case No. CEB-1H@/*,
he discoveed that the same lots #ee coveed b" the decision in Civil Case No. R-1HH1. 1e also found out
that the said decision did not e3pessl" contain an" condition on the matte of epuchase.

R,6%&- o4 t1e RTC

6n 6ctobe /, 1++H, the RTC endeed a 7ecision in Civil Case No. CEB-1H@/*, the dispositive potion of
#hich eads as follo#s0

:HEREFORE, in vie# of the foe(oin(, 8ud(ment is heeb" endeed diectin( defendant
Mactan Cebu 2ntenational Aipot Authoit" >MC2AA? to econve" >fee fom liens and
encumbances? to plaintiffs Ricado 2nocian, 6limpia E. Esteves, Emilia E. Bacalla, Restituta E.
Montana and Raul 2nocian =ots No. /AA-A, /A%-A, /A&, /&$-A, /A/, /&1-A and to plaintiffs Aletha
'uico Ma(at, Philip M. 'uico, 7ois '. dela Cu5, Bames M. 'uico, Ed#ad M. 'uico, Rosel"n '.
$*+
=a#sin, Re3 M. 'uico and 9hala 'uico--utiee5 =ots No. +A$ and +A/, afte plaintiffs shall have
paid MC2AA the sums indicated in the decision in Civil Case No. R-1HH1. 7efendant MC2AA is
li.e#ise diected to pa" the afoementioned plaintiffs the sum o P%*,***.** as and fo attone"Ws
fees and P1*,***.** fo liti(ation e3penses.

Albet Chion(bianWs intevention should be, as it is heeb" "ENE" fo utte lac. of
factual basis.
;ith costs a(ainst defendant MC2AA.
F1*G


Theefom, MC2AA #ent to the CA on appeal, doc.eted as CA--.R. CE No. &A@%&.

R,6%&- o4 t1e C!

6n Banua" 1A, $**%, the CA endeed 8ud(ment fo the 2nocians, declain( them entitled to the
econve"ance of the !uestioned lots as the successos-in-inteest of the late 2sabel =imba(a and 'antia(o 'uico,
as the case ma" be, #ho #ee the fome e(isteed o#nes of the said lots. The decetal potion of the CAWs
7ecision eads0

:HEREFORE, in vie# of the foe(oin( pemises, 8ud(ment is heeb" endeed b"
us "SMSSNG the appeal filed in this case and !FFFRMNG the decision endeed b" the
cout a !uo on 6ctobe /, 1++H in Civil Case No. CEB-1H@/*.

SO OR"ERE".


The CA, citin( and epoducin( e3cepts fom Geirs of Moreno,
F11G
vituall" held that the decision in Civil
Case No. R-1HH1 #as conditional, statin( Xthat the e3popiation of Fplaintiff-appelleesWG lots fo the poposed
e3pansion of the =ahu( Aipot #as odeed b" the C,2 of Cebu unde the impession that =ahu( Aipot #ould
continue in opeation.Y
F1$G
The condition, as ma" be deduced fom the C,2Ws decision, #as that should MC2AA, o
its pecuso a(enc", discontinue alto(ethe #ith the opeation of =ahu( Aipot, then the o#nes of the lots
e3popiated ma", if so minded, demand of MC2AA to ma.e (ood its vebal assuance to allo# the epuchase of
the popeties. To the CA, this assuance, a demandable a(eement of epuchase b" itself, has been
ade!uatel" established.

6n 'eptembe $1, $**%, the MC2AA filed #ith <s a petition fo evie# of the CAWs 7ecision, doc.eted as
-.R. No. 1&HH1$.

G.R. No. 168))* LO,$&o Pet%t%o&M

'oon afte the MC2AA 8ettisoned the =ahu( Aipot e3pansion po8ect, infomal settles enteed and
occupied =ot No. /&@-A #hich, befoe its e3popiation, belon(ed to the 6uanos.The 6uanos then fomall" as.ed
to be allo#ed to e3ecise thei i(ht to epuchase the afoementioned lot, but the MC2AA i(noed the
demand. 6n Au(ust 1H, 1++/, the 6uanos instituted a complaint befoe the Cebu Cit" RTC a(ainst the Republic
and the MC2AA fo econve"ance, doc.eted as Civil Case No. CEB-$*/A@.

Ans#ein(, the Republic and MC2AA aveed that the 6uanos no lon(e have enfoceable i(hts
#hatsoeve ove the condemned =ot No. /&@-A, the decision in Civil Case No. R-1HH1 not havin( found an"
evesiona" condition.

R,6%&- o4 t1e RTC

B" a 7ecision dated Novembe $H, $***, the RTC, Banch %/ in Cebu Cit" uled in favo of the 6uanos,
disposin( as follo#s0

$1*
:HEREFORE, in the li(ht of the foe(oin(, the Cout heeb" endes 8ud(ment in favo of
the plaintiffs, Anunciacion Eda. 7e 6uano, Maio P. 6uano, =eticia 6uano Anai5 and Cielo
6uano Matine5 and a(ainst the Republic of the Philippines and Mactan Cebu 2ntenational
Aipot Authoit" >MC2AA? to estoe to plaintiffs, the possession and o#neship of thei land, =ot
No. /&@-A upon pa"ment of the e3popiation pice to defendantsI and

$. 6dein( the Re(iste of 7eeds to effect the tansfe of the Cetificate of Title fom
defendant Republic of the Philippines on =ot /&@-A, cancelin( TCT No. %$**A in the name of
defendant Republic of the Philippines and to issue a ne# title on the same lot in the names of
Anunciacion Eda. 7e 6uano, Maio P. 6uano, =eticia 6uano Anai5 and Cielo 6uano Matine5.

No ponouncement as to costs.
F1@G


Actin( on the motion of the Republic and MC2AA fo econsideation, ho#eve, the RTC, Banch %/
in Cebu Cit", pesided this time b" Bud(e Eni!ueta =. Belamino, issued, on 7ecembe +, $**$, an 6de
F1AG
that
evesed its ealie decision of Novembe $H, $*** and dismissed the 6uanosW complaint.

R,6%&- o4 t1e C!

2n time, the 6uanos inteposed an appeal to the CA, doc.eted as CA--.R. CE No. /H*$/. Eventuall", the
appellate cout endeed a 7ecision
F1%G
dated 'eptembe @, $**A, den"in( the appeal, thus0

:HEREFORE, pemises consideed, the 6de dated 7ecembe +, $**$, of the Re(ional
Tial Cout, /
th
Budicial Re(ion, Banch %/, Cebu Cit", in Civil Case No. CEB-$*/A@, is heeb"
A,,2RME7. No ponouncement as to costs.

SO OR"ERE".


E3plainin( its case disposition, the CA stated that the decision in Civil Case No. R-1HH1 did not state an"
condition that =ot No. /&@-A of the 6uanosMMand all coveed lots fo that matteMM#ould be etuned to them o
that the" could epuchase the same popet" if it #ee to be used fo puposes othe than fo
the =ahu( Aipot. The appellate cout also #ent on to declae the inapplicabilit" of the CoutWs ponouncement
in M(,AA v. (ourt of Appeals" R8(" ;ranch <" (ebu (ity" Melba Limba)o" et al. ,
F1&G
to suppot the 6uanosW cause,
since the affected lando#nes in that case, unli.e the 6uanos, pated #ith thei popet" not thou(h e3popiation
but via a sale and puchase tansaction.

The 6uanos filed a motion fo econsideation of the CAWs 7ecision, but #as denied pe the CAWs Ma" $&,
$**% Resolution.
F1/G
1ence, the" filed this petition in -.R. No. 1&H//*.

T1e '',e'

G.R. No. 168812
GROUN"S FOR !LLO:!NCE OF THE PETTON

l. T1E A''A2=E7 2''<ANCE' 2==E-A==K 'TR2PPE7 T1E REP<B=2C 6, 2T'
AB'6=<TE AN7 <NC6N72T26NA= T2T=E T6 T1E '<BBECT EDPR6PR2ATE7
PR6PERT2E'.

ll. T1E 2MP<N-E7 72'P6'2T26N' 2NEA=27=K 6EERT<RNE7 T12' 16N6RAB=E
C6<RTW' ,2NA= R<=2N-' 2N :ER9 V. M.N,(,AL,89 5: (A;ANA8.AN" M(,AA V. (5.R8
5: AEAL' AN> RE9E' V. NA8,5NAL G5.',NG A.8G5R,89.


$11
lll. T1E C6<RT 6, APPEA=' -RAEE=K ERRE7 2N APP=K2N- T12' 16N6RAB=E C6<RTW'
R<=2N- 2N M5REN5, A=BE2T 2T 1A' N6T KET ATTA2NE7 ,2NA=2TK.
F1HG

G.R. No. 168))*

=,e't%o&' o4 6$D #re'e&te/ %& t1%' Pet%t%o&

;hethe o not the testimonial evidence of the petitiones povin( the pomises, assuances and
epesentations b" the aipot officials and la#"es ae inadmissbale unde the 'tatute of ,auds.

;hethe o not unde the ulin( of this 1onoable Cout in the heis of Moeno Case, and
pusuant to the pinciples enunciated theein, petitiones heein ae entitiled to ecove thei
liti(ated popet".

Re$'o&' 4or !66oD$&ce' o4 t1%' Pet%t%o&

Respondents did not ob8ect duin( tial to the admissibilit" of petitionesW testimonial evidence
unde the 'tatute of ,auds and have thus #aived such ob8ection and ae no# baed fom
aisin( the same. 2n an" event, the 'tatute of ,auds is not applicable heein. Conse!uentl",
petitionesW evidence is admissible and should be dul" (iven #ei(ht and cedence, as initiall" held
b" the tial cout in its oi(inal 7ecision.
F1+G


;hile thei espective actions a(ainst MC2AA belo# ended diffeentl", the 6uanos and the 2nociansW
poffeed a(uments pesented befoe this Cout un alon( paallel lines, both assetin( entitlement to ecove the
liti(ated popet" on the sten(th of the CoutWs ulin( in Geirs of Moreno. MC2AA has, ho#eve, fomulated in its
Consolidated Memoandum the .e" inteelated issues in these consolidated cases, as follo#s0
2
;1ET1ER ABAN76NMENT 6, T1E P<B=2C <'E ,6R ;12C1 T1E '<BBECT PR6PERT2E'
;ERE EDPR6PR2ATE7 ENT2T=E' PET2T26NER' 6<AN6', ET A=. AN7 RE'P6N7ENT'
2N6C2AN, ET A=. T6 REACO<2RE T1EM.

22

;1ET1ER PET2T26NER' 6<AN6', ET A=. AN7 RE'P6N7ENT' 2N6C2AN, ET A=. ARE
ENT2T=E7 T6 REC6NEEKANCE 6, T1E '<BBECT PR6PERT2E' '2MP=K 6N T1E BA'2'
6, AN A==E-E7 EERBA= PR6M2'E 6R A''<RANCE 6, '6ME NAC 6,,2C2A=' T1AT
T1E '<BBECT PR6PERT2E' ;2== BE RET<NRE7 2, T1E A2RP6RT PR6BECT ;6<=7 BE
ABAN76NE7.



T1e Co,rtO' R,6%&-

The Republic and MC2AAWs petition in -.R. No. 1&HH1$ is beeft of meit, #hile the 6uano petition in -.R.
No. 1&H//* is meitoious.

At the outset, thee >@? fail" established factual pemises ou(ht to be emphasi5ed0

:irst, the MC2AA andLo its pedecesso a(enc" had not actuall" used the lots sub8ect of the final decee of
e3popiation in Civil Case No. R-1HH1 fo the pupose the" #ee oi(inall" ta.en b" the (ovenment, i.e., fo the
e3pansion and development of =ahu( Aipot.

'econd, the =ahu( Aipot had been closed and abandoned. A si(nificant potion of it had, in fact, been
puchased b" a pivate copoation fo development as a commecial comple3.
F$*G

$1$
8hird, it has been pepondeantl" established b" evidence that the NAC, thou(h its team of ne(otiatos,
had (iven assuance to the affected lando#nes that the" #ould be entitled to epuchase thei espective lots in
the event the" ae no lon(e used fo aipot puposes.
F$1G
XNo less than Asteio <",Y the Cout noted in Geirs of
Moreno, Xone of the membes of the CAA Mactan =e(al Team, #hich inteceded fo the ac!uisition of the lots fo
the =ahu( AipotWs e3pansion, affimed that pesistent assuances #ee (iven to the lando#nes to the effect that
as soon as the =ahu( Aipot is abandoned o tansfeed to Mactan, the lot o#nes #ould be able to eac!uie
thei popeties.Y
F$$G
2n Civil Case No. CEB-$*/A@, E3hibit X-,Y the tanscipt of the deposition
F$@G
of Anunciacion
vda. de 6uano covein( the assuance made had been fomall" offeed in evidence and dul" consideed in the
initial decision of the RTCCebu Cit". 2n Civil Case No. CEB-1H@/*, the tial cout, on the basis of testimonial
evidence, and late the CA, eco(ni5ed the evesiona" i(hts of the suin( fome lot o#nes o thei successos
in inteest
F$AG
and esolved the case accodin(l". 2n point #ith espect to the epesentation and pomise of the
(ovenment to etun the lots ta.en should the planned aipot e3pansion do not mateiali5e is #hat the Cout said
in Geirs of Moreno, thus0

This is a difficult case callin( fo a difficult but 8ust solution. To be(in #ith thee e3ists
an ,&/e&%$b6e 1%'tor%c$6 &$rr$t%3e that the pedecessos of espondent MC2AA had su((ested
to the lando#nes of the popeties coveed b" the =ahu( Aipot e3pansion scheme that the"
could epuchase thei popeties at the temination of the aipotWs venue. 'ome acted on this
assuance and sold thei popetiesI othe lando#nes held out and #aited fo the e3ecise of
eminent domain to ta.e its couse until finall" comin( to tems #ith espondentWs pedecessos
that the" #ould not appeal no bloc. futhe 8ud(ment of condemnation if the i(ht of epuchase
#as e3tended to them. A handful failed to pove that the" acted on such assuance #hen the"
pated #ith o#neship of thei land.
F$%G
>Emphasis suppliedI citations omitted.?


,o pespective, Geirs of MorenoMMlate follo#ed b" M(,AA v. 8udtud >8udtud?
F$&G
and the consolidated
cases at baMMis cast unde the same factual settin( and centeed on the e3popiation of pivatel"-o#ned lots fo
the public pupose of e3pandin( the =ahu( Aipot and the alle(ed pomise of econve"ance (iven b" the
ne(otiatin( NAC officials to the pivate lot o#nes. All the lots bein( claimed b" the fome o#nes o successos-
in-inteest of the fome o#nes in the Geirs of Moreno, 8udtud, and the pesent cases #ee similal" ad8ud(ed
condemned in favo of the Republic in Civil Case No. R-1HH1. All the claimants sou(ht #as o is to have the
condemned lots econve"ed to them upon the pa"ment of the condemnation pice since the #,b6%c #,r#o'e of
the e3popiation #as neve met. 2ndeed, the e3popiated lots #ee neve used and #ee, in fact, abandoned b"
the e3popiatin( (ovenment a(encies.

2n all then, the issues and suppotin( a(uments pesented b" both sets of petitiones in these
consolidated cases have alead" peviousl" been passed upon, discussed at len(th, and pacticall" peemptoil"
esolved in Geirs of Moreno and the Novembe $**H 8udtud ulin(. The 6uanos, as petitiones in -.R. No.
1&H//*, and the 2nocians, as espondents in -.R. No. 1&HH1$, ae similal" situated as the heis
of Moeno in Geirs of Moreno and Ben8amin Tudtud in 8udtud. Be that as it ma", thee is no eason #h" the ratio
decidendi in Geirs of Morenoand 8udtud should not be made to appl" to petitiones 6uanos and espondents
2nocians such that the" shall be entitled to ecove thei o thei pedecessosW espective popeties unde the
same manne and aan(ement as the heis of Moeno and Tudtud. 'tare decisis et non 2uieta movere >to adhee
to pecedents, and not to unsettle thin(s #hich ae established?.
F$/G

Bust li.e in 8udtud and ealie in Geirs of Moreno, MC2AA #ould foist the theo" that the 8ud(ment of
condemnation in Civil Case No. R-1HH1 #as #ithout !ualification and #as unconditional. 2t #ould, in fact, da#
attention to the fallo of the e3popiation coutWs decision to pove that thee is nothin( in the decision indicatin(
that the (ovenment (ave assuance o undetoo. to econve" the coveed lots in case the =ahu( aipot
e3pansion po8ect is aboted. Elaboatin( on this an(le, MC2AA a(ues that the claim of the 6uanos and the
2nocians e(adin( the alle(ed vebal assuance of the NAC ne(otiatin( team that the" can eac!uie thei
landholdin(s is baed b" the 'tatute of ,auds.
F$HG

<nde the ule on the 'tatute of ,auds, as e3pessed in Aticle 1A*@ of the Civil Code, a contact fo the
sale o ac!uisition of eal popet" shall be unenfoceable unless the same o some note of the contact be in
$1@
#itin( and subscibed b" the pat" cha(ed. 'ub8ect to defined e3ceptions, evidence of the a(eement cannot be
eceived #ithout the #itin(, o seconda" evidence of its contents.

MC2AAWs invocation of the 'tatute of ,auds is misplaced pimail" because the statute applies onl" to
e3ecuto" and not to completed, e3ecuted, o patiall" consummated contacts.
F$+G
(arbonnel v. oncio" et al.,
!uotin( Chief Bustice Moan, e3plains the ationale behind this ule, thusl"0

3 3 3 XThe eason is simple. 2n e3ecuto" contacts thee is a #ide field fo faud because
unless the" ma" be in #itin( thee is no palpable evidence of the intention of the contactin(
paties. The statute has been pecisel" been enacted to pevent faud.Y 3 3 3 1o#eve, if a
contact has been totall" o patiall" pefomed, the e0clusion of parol evidence !ould promote
fraud or bad faith, fo it #ould enable the defendant to .eep the benefits alead" deived b" him
fom the tansaction in liti(ation, and at the same time, evade the obli(ations, esponsibilities o
liabilities assumed o contacted b" him theeb".
F@*G
>Emphasis in the oi(inal.?


Anal"5in( the situation of the cases at ba, thee can be no seious ob8ection to the poposition that the
a(eement pac.a(e bet#een the (ovenment and the pivate lot o#nes #as alead" patiall" pefomed b" the
(ovenment thou(h the ac!uisition of the lots fo the e3pansion of the =ahu( aipot. The paties, ho#eve, failed
to accomplish the moe impotant condition in the C,2 decision deceein( the e3popiation of the lots liti(ated
upon0 the e3pansion of the =ahu( Aipot. The po8ectMMthe public pupose behind the foced popet" ta.in(MM
#as, in fact, neve pusued and, as a conse!uence, the lots e3popiated #ee abandoned. Be that as it ma", the
t#o (oups of lando#nes can, in an action to compel MC2AA to ma.e (ood its oal undeta.in( to allo#
epuchase, adduce paol evidence to pove the tansaction.

At an" ate, the ob8ection on the admissibilit" of evidence on the basis of the 'tatute of ,auds ma" be
#aived if not timel" aised. Recods tend to suppot the conclusion that MC2AA did not, as the 6uanos and the
2nocians posit, ob8ect to the intoduction of paol evidence to pove its commitment to allo# the fome lando#nes
to epuchase thei espective popeties upon the occuence of cetain events.

2n a bid to den" the lot o#nes the i(ht to epuchase, MC2AA, citin( cases,
F@1G
points to the dispositive
pat of the decision in Civil Case R-1HH1 #hich, as couched, (anted the Republic absolute title to the pacels of
land declaed e3popiated. The MC2AA is coect about the unconditional tone of the dispositive potion of the
decision, but that actualit" #ould not ca" the da" fo the a(enc". Addessin( the matte of the othe#ise
absolute teno of the C,2Ws disposition in Civil Case No. R-1HH1, the Cout, in Geirs of Moreno, afte ta.in( stoc.
of the ensuin( potion of the bod" of the C,2Ws decision, said0

As fo the public pupose of the e3popiation poceedin(, it cannot no# be
doubted. Althou(h Mactan Aipot is bein( constucted, it does not ta.e a#a" the actual
usefulness and impotance of the =ahu(Aipot0 it is handlin( the ai taffic of both civilian and
milita". ,om it aicafts fl" to Mindanao and Eisa"as and pass thu it on thei fli(hts to the Noth
and Manila. 8hen" no evidence !as adduced to sho! ho! soon is the Mactan Airport to be
placed in operation and !hether the Lahu) Airport !ill be closed immediately thereafter. 2t is up
to the othe depatments of the -ovenment to detemine said mattes. The Cout cannot
substitute its 8ud(ments fo those of the said depatments o a(encies. 2n the absence of such
sho#in(, t1e co,rt D%66 #re',9e t1$t t1e L$1,- !%r#ort D%66 co&t%&,e to be %& o#er$t%o&.
F@$G
>Emphasis supplied.?


;e #ent on to state as follo#s0


;hile the tial cout in Civil Case No. R-1HH1 could have simpl" ac.no#led(ed the
pesence of public pupose fo the e3ecise of eminent domain e(adless of the suvival of the
=ahu( Aipot, the tial cout in its>ecision chose not to do so but instead pefi3ed its findin( of
public pupose upon its undestandin( that RLahu) Airport !ill continue to be in operationQ. Eeil",
$1A
these meanin(ful statements in the bod" of the>ecision #aant the conclusion that the
e3popiated popeties #ould emain to be so until it #as confimed that =ahu( Aipot #as no
lon(e Rin operationQ. This infeence futhe implies t#o >$? thin(s0 >a? afte the =ahu( Aipot
ceased its undeta.in( as such and the e3popiated lots #ee not bein( used fo an" aipot
e3pansion po8ect, the i(hts vis-Q-vis the e3popiated lots 3 3 3 as bet#een the 'tate and thei
fome o#nes, petitiones heein, must be e!uitabl" ad8ustedI and >b? the foe(oin( unmista.able
declaations in the bod" of the >ecision should me(e #ith and become an intinsic pat of
the fallo theeof #hich unde the pemises is cleal" inade!uate since the dispositive potion is not
in accod #ith the findin(s as contained in the bod" theeof.
F@@G

Not to be oveloo.ed of couse is #hat the Cout said in its Resolution disposin( of MC2AAWs motion to
econside the oi(inal ulin( in Geirs of Moreno. 2n that esolution, ;e stated that the fallo of the decision in Civil
Case R-1HH1 should be vie#ed and undestood in connection #ith the entie te3t, #hich contemplated a etun of
the popet" ta.en if the aipot e3pansion po8ect #ee abandoned. ,o ease of efeence, follo#in( is #hat the
Cout #ote0

Moeove, #e do not subscibe to the FMC2AAWsG contention that since the possibilit" of
the =ahu( AipotWs closue #as actuall" consideed b" the tial cout, a stipulation on evesion o
epuchase #as so mateial that it should not have been discounted b" the cout a 2uo in its
decision in Civil Case No. R-1HH1, if, in fact, thee #as one. ;e find it pope to cite, once moe,
this CoutWs ulin( that the fallo of the decision in Civil Case No. R-1HH1 must be ead in efeence
to the othe potions of the decision in #hich it foms a pat. A eadin( of the CoutWs 8ud(ment
must not be confined to the dispositive potion aloneI athe it should be meanin(full" constued
in unanimit" #ith the ratio decidendi theeof to (asp the tue intent and meanin( of a decision.
F@AG

The Cout has, to be sue, ta.en stoc. of :ery v. Municipality of (abanatuan,
F@%G
a case MC2AA cites at
eve" possible tun, #hee the Cout made these obsevations0

2f, fo e3ample, land is e3popiated fo a paticula pupose, #ith the condition that #hen
that pupose is ended o abandoned the popet" shall etun to its fome o#ne, then of couse,
#hen the pupose is teminated o abandoned, the fome o#ne eac!uies the popet" so
e3popiated. 3 3 3 2f, upon the conta", ho#eve the decee of e3popiation (ives to the entit" a
fee simple title, then, of couse, the land becomes the absolute popet" of the e3popiato 3 3 3
and in that case the non-use does not have the effect of defeatin( the title ac!uied b" the
e3popiation poceedin(s 3 3 3.

:ery not#ithstandin(, MC2AA cannot eall" i(htfull" sa" that it has absolute title to the lots deceed
e3popiated in Civil Case No. R-1HH1. The coect lesson of :ery is captued b" #hat the Cout said in that case,
thus0 Xthe (ovenment ac!uies onl" such i(hts in e3popiated pacels of land as ma" be allo#ed b" the
chaacte of its title ove the popeties.Y 2n li(ht of ou disposition in Geirs of Moreno and 8udtud, the statement
immediatel" adveted to means that in the event the paticula public use fo #hich a pacel of land is e3popiated
is abandoned, the o#ne shall not be entitled to ecove o epuchase it as a matte of i(ht, unless such ecove"
o epuchase is e3pessed in o %rre'%'t%b62 /e/,c%b6e 4ro9 t1e co&/e9&$t%o& F,/-9e&t. But as has been
detemined belo#, the decision in Civil Case No. R-1HH1 en8oined MC2AA, as a condition of appovin(
e3popiation, to allo# ecove" o epuchase upon abandonment of the =ahu( aipot po8ect. To boo# fom
ou undel"in( decision in Geirs of Moreno, XFnGo doubt, the etun o epuchase of the condemned popeties of
petitiones could eadil" be 8ustified as the manifest le(al effect of conse!uence of the tial coutWs undel"in(
pesumption that RLahu) Airport !ill continue to be in operationQ #hen it (anted the complaint fo eminent domain
and the aipot discontinued its activities.Y
F@&G

Povidin( added suppot to the 6uanos and the 2nociansW i(ht to epuchase is #hat in Geirs of
Moreno #as efeed to as constuctive tust, one that is a.in to the implied tuste3pessed in At. 1A%A of the Civil
Code,
F@/G
the pupose of #hich is to pevent un8ust enichment.
F@HG
2n the case at bench, the 6uanos and the
2nocians pated #ith thei espective lots in favo of the MC2AA, the latte obli(in( itself to use the ealties fo the
e3pansion of =ahu( AipotI failin( to .eep its end of the ba(ain, MC2AA can be compelled b" the fome
lando#nes to econve" the pacels of land to them, othe#ise, the" #ould be denied the use of thei popeties
$1%
upon a state of affais that #as not conceived no contemplated #hen the e3popiation #as authoi5ed. 2n effect,
the (ovenment meel" held the popeties condemned in tust until the poposed public use o pupose fo #hich
the lots #ee condemned #as actuall" consummated b" the (ovenment. 'ince the (ovenment failed to pefom
the obli(ation that is the basis of the tansfe of the popet", then the lot o#nes 6uanos and 2nocians can
demand the econve"ance of thei old popeties afte the pa"ment of the condemnation pice.

Constuctive tusts ae fictions of e!uit" that couts use as devices to emed" an" situation in #hich the
holde of the le(al title, MC2AA in this case, ma" not, in (ood conscience, etain the beneficial inteest. ;e add,
ho#eve, as in Geirs of Moreno, that the pat" see.in( the aid of e!uit"MMthe lando#nes in this instance, in
establishin( the tustMMmust himself do e!uit" in a manne as the cout ma" deem 8ust and easonable.

The Cout, in the ecent M(,AA v. Lozada" 'r., evisited and abandoned the :ery ulin( that the fome
o#ne is not entitled to evesion of the popet" even if the public pupose #ee not pusued and
#ee abandoned, thus0

6n this note, #e ta.e this oppotunit" to evisit ou ulin( in :ery, #hich involved an
e3popiation suit commenced upon pacels of land to be used as a site fo a public ma.et.
2nstead of puttin( up a public ma.et, espondent Cabanatuan constucted esidential houses fo
lease on the aea. Claimin( that the municipalit" lost its i(ht to the popet" ta.en since it did not
pusue its public pupose, petitione Buan ,e", the fome o#ne of the lots e3popiated, sou(ht
to ecove his popeties. 1o#eve, as he had admitted that, in 1+1%, espondent Cabanatuan
ac!uied a fee simple title to the lands in !uestion, 8ud(ment #as endeed in favo of the
municipalit", follo#in( Ameican 8uispudence, paticulal" (ity of :ort Hayne v. La+e 'hore E
M.'. R9. (o." Mc(onihay v. 8heodore Hri)ht" and Reichlin) v. (ovin)ton Lumber (o." all
unifoml" holdin( that the tansfe to a thid pat" of the e3popiated eal popet", #hich
necessail" esulted in the abandonment of the paticula public pupose fo #hich the popet"
#as ta.en, is not a (ound fo the ecove" of the same b" its pevious o#ne, the title of the
e3popiatin( a(enc" bein( one of fee simple.

6bviousl", :ery #as not decided pusuant to ou no# sacedl" held constitutional i(ht
that pivate popet" shall not be ta.en fo public use #ithout 8ust compensation.

2t is #ell settled
that the ta.in( of pivate popet" b" the -ovenments po#e of eminent domain is sub8ect to t#o
mandato" e!uiements0 >1? that it is fo a paticula public puposeI and >$? that 8ust
compensation be paid to the popet" o#ne. These e!uiements pata.e of the natue of implied
conditions that should be complied #ith to enable the condemno to .eep the popet"
e3popiated.

More #$rt%c,6$r62, D%t1 re'#ect to t1e e6e9e&t o4 #,b6%c ,'e, t1e eB#ro#r%$tor
'1o,6/ co99%t to ,'e t1e #ro#ert2 #,r',$&t to t1e #,r#o'e 't$te/ %& t1e #et%t%o& 4or
eB#ro#r%$t%o& 4%6e/, 4$%6%&- D1%c1, %t '1o,6/ 4%6e $&ot1er #et%t%o& 4or t1e &eD #,r#o'e. 4 &ot,
%t %' t1e& %&c,9be&t ,#o& t1e eB#ro#r%$tor to ret,r& t1e '$%/ #ro#ert2 to %t' #r%3$te oD&er,
%4 t1e 6$tter /e'%re' to re$cI,%re t1e '$9e. 6the#ise, the 8ud(ment of e3popiation suffes an
intinsic fla#, as it #ould lac. one indispensable element fo the pope e3ecise of the po#e of
eminent domain, namel", the paticula public pupose fo #hich the popet" #ill be
devoted. Accodin(l", the pivate popet" o#ne #ould be denied due pocess of la#, and the
8ud(ment #ould violate the popet" o#nes i(ht to 8ustice, fainess, and e!uit".

2n li(ht of these pemises, #e no# e3pessl" hold that the ta.in( of pivate popet",
conse!uent to the -ovenments e3ecise of its po#e of eminent domain, is al#a"s sub8ect to the
condition that the popet" be devoted to the specific public pupose fo #hich it #as ta.en.
Coollail", if this paticula pupose o intent is not initiated o not at all pusued, and is
peemptoil" abandoned, then the fome o#nes, if the" so desie, ma" see. the evesion of the
popet", sub8ect to the etun of the amount of 8ust compensation eceived. 2n such a case, the
e3ecise of the po#e of eminent domain has become impope fo lac. of the e!uied factual
8ustification.
F@+G
>Emphasis supplied.?

$1&

Clin(in( to :ery, specificall" the fee simple concept undepinnin( it, is no lon(e compellin(, considein(
the ensuin( ine!uit" such application entails. Too, the Cout esolved :erynot unde the cove of an" of the
Philippine Constitutions, each deceein( that pivate popet" shall not be ta.en fo public use #ithout 8ust
compensation. The t#in elements of 8ust compensation and public pupose ae, b" themselves, diect limitations
to the e3ecise of eminent domain, a(uin(, in a #a", a(ainst the notion of fee simple title. The fee does not vest
until pa"ment of 8ust compensation.
FA*G

,n esse, e3popiation is foced pivate popet" ta.in(, the lando#ne bein( eall" #ithout a (host
of a chance to defeat the case of the e3popiatin( a(enc". 2n othe #ods, in e3popiation, the pivate o#ne
is depived of popet" a(ainst his #ill. ;ithal, the mandato" e!uiement of due pocess ou(ht to be stictl"
follo#ed, such that the state must sho#, at the minimum, a (enuine need, an e3actin( public pupose to ta.e
pivate popet", the pupose to be specificall" alle(ed o least easonabl" deducible fom the complaint.

Public use, as an eminent domain concept, has no# ac!uied an e3pansive meanin( to include
an" use that is of Xusefulness, utilit", o advanta(e, o #hat is poductive of (eneal benefit Fof the publicG.Y
FA1G
2f
the (enuine public necessit"Cthe ve" eason o condition as it #eeCallo#in(, at the fist instance, the
e3popiation of a pivate land ceases o disappeas, then thee is no moe co(ent point fo the (ovenmentWs
etention of the e3popiated land. The same le(al situation should hold if the (ovenment devotes the popet"
to anothe public use ve" much diffeent fom the oi(inal o deviates fom the declaed pupose to benefit
anothe pivate peson. 2t has been said that the diect use b" the state of its po#e to obli(e lando#nes to
enounce thei poductive possession to anothe citi5en, #ho #ill use it pedominantl" fo that citi5enWs o#n
pivate (ain, is offensive to ou la#s.
FA$G


A condemno should commit to use the popet" pusuant to the pupose stated in the petition fo
e3popiation, failin( #hich it should file anothe petition fo the ne# pupose. 2f not, then it behooves the
condemno to etun the said popet" to its pivate o#ne, if the latte so desies. The (ovenment cannot
plausibl" .eep the popet" it e3popiated in an" manne it pleases and, in the pocess, dishono the 8ud(ment of
e3popiation. This is not in .eepin( #ith the idea of fai pla",

The notion, theefoe, that the (ovenment, via e3popiation poceedin(s, ac!uies unesticted
o#neship ove o a fee simple title to the coveed land, is no lon(e tenable. ;e su((ested as much in Geirs of
Moreno and in 8udtud and moe ecentl" in Lozada" 'r. E3popiated lands should be diffeentiated fom a piece
of land, o#neship of #hich #as absolutel" tansfeed b" #a" of an unconditional puchase and sale contact
feel" enteed b" t#o paties, one #ithout obli(ation to bu" and the othe #ithout the dut" to sell. 2n that case,
the fee simple concept eall" comes into pla". Thee is eall" no occasion to appl" the Xfee simple conceptY if
the tansfe is conditional. The ta.in( of a pivate land in e3popiation poceedin(s is al#a"s conditioned on its
continued devotion to its public pupose. As a necessa" coolla", once the pupose is teminated o
peemptoil" abandoned, then the fome o#ne, if he so desies, ma" see. its evesion, sub8ect of couse to
the etun, at the ve" least, of the 8ust compensation eceived.

To be compelled to enounce dominion ove a piece of land is, in itself, an alead" bitte pill to s#allo#
fo the o#ne. But to be as.ed to sacifice fo the common (ood and "ield o#neship to the (ovenment #hich
ene(es on its assuance that the pivate popet" shall be fo a public pupose ma" be too much. But it #ould
be #ose if the po#e of eminent domain #ee delibeatel" used as a subtefu(e to benefit anothe #ith
influence and po#e in the political pocess, includin( development fims. The mischief thus depicted is not at all
fa-fetched #ith the continued application of :ery. Even as the Cout delibeates on these consolidated cases,
thee is an uncontoveted alle(ation that the MC2AA is poised to sell, if it has not "et sold, the aeas in !uestion
to Cebu Popet" Eentues, 2nc. This povides an added dimension to abandon :ery.

-iven the foe(oin( dis!uisitions, e!uit" and 8ustice demand the econve"ance b" MC2AA of the liti(ated
lands in !uestion to the 6uanos and 2nocians. 2n the same to.en, 8ustice and fai pla" also dictate that the 6uanos
and 2nocian etun to MC2AA #hat the" eceived as 8ust compensation fo the e3popiation of thei espective
popeties plus le(al inteest to be computed fom default, #hich in this case should un fom the time MC2AA
complies #ith the econve"ance obli(ation.
FA@G
The" must li.e#ise pa" MC2AA the necessa" e3penses it mi(ht
$1/
have incued in sustainin( thei espective lots and the moneta" value of its sevices in mana(in( the lots in
!uestion to the e3tent that the", as pivate o#nes, #ee benefited theeb".

2n accodance #ith At. 11H/ of the Civil Code on mutual compensation, MC2AA ma" .eep #hateve
income o fuits it ma" have obtained fom the pacels of land e3popiated. 2n tun, the 6uanos and 2nocians
need not e!uie the accountin( of inteests eaned b" the amounts the" eceived as 8ust compensation.
FAAG

,ollo#in( At. 11H+ of the Civil Code povidin( that Q?%@4 t1e t1%&- %' %9#ro3e/ b2 %t' &$t,re, or b2 t%9e,
t1e %9#ro3e9e&t '1$66 %&,re to t1e be&e4%t o4 t1e cre/%tor 3 3 3,Y the 6uanos and 2nocians do not have to
settle the appeciation of the values of thei espective lots as pat of the econve"ance pocess, since the value
incease is meel" the natual effect of natue and time.

,inall", ;e delete the a#ad of PhP %*,*** and PhP 1*,***, as attone"Ws fees and liti(ation e3penses,
espectivel", made in favo of the 2nocians b" the Cebu Cit" RTC in its 8ud(ment in Civil Case No. CEB-1H@/*, as
late affimed b" the CA. As a matte of sound polic", no pemium should be set on the i(ht to liti(ate #hee thee
is no doubt about the bona fides of the e3ecise of such i(ht,
FA%G
as hee, albeit the decision of MC2AA to esist the
fome lando#nesW claim eventuall" tuned out to be untenable.

:HEREFORE, the petition in G.R. No. 168))* is GR!NTE". Accodin(l", the CA 7ecision dated
'eptembe @, $**A in CA--.R. CE No. /H*$/ is RE7ERSE" and SET !S"E. Mactan-Cebu 2ntenational Aipot
Authoit" is odeed to econve" sub8ect =ot No. /&@-A to petitiones Anunciacion vda. de 6uano, Maio P.
6uano, =eticia 6uano Anai5, and Cielo 6uano Matine5. The Re(iste of 7eeds of Cebu Cit" is odeed to effect
the necessa" cancellation of title and tansfe it in the name of the petitiones #ithin fifteen >1%? da"s fom finalit"
of 8ud(ment.
The petition of the Mactan-Cebu 2ntenational Aipot Authoit" in G.R. No. 168812 is "ENE", and
the CAWs 7ecision and Resolution dated Banua" 1A, $**% and Bune $+, $**%, espectivel", in CA--.R. CE No.
&A@%& ae !FFRME", e3cept insofa as the" a#aded attone"Ws fees and liti(ation e3penses that ae
heeb" "ELETE". Accodin(l", Mactan-Cebu 2ntenational Aipot Authoit" is odeed to econve" to
espondents Ricado =. 2nocian, 6l"mpia E. Esteves, Emilia E. Bacalla, Restituta E. Montana, and Raul =. 2nocian
the liti(ated =ot Nos. /AA-A, /A%-A, /A&, /&$-A, /A/, and /&1-AI and to espondents Aletha 'uico Ma(at, Philip
M. 'uico, 7oloes '. dela Cu5, Bames M. 'uico, Ed#ad M. 'uico, Rosel"n '. =a#sin, Re3 M. 'uico, and 9hala
'uico--utiee5 the liti(ated =ot Nos. +A$ and +A/. The Re(iste of 7eeds of Cebu Cit" is odeed to effect the
necessa" cancellation of title and tansfe it in the name of espondents #ithin a peiod of fifteen >1%? da"s fom
finalit" of 8ud(ment.

The foe(oin( dispositions ae sub8ect to =U!LFC!TONS, to appl" to these consolidated petitions,
#hen appopiate, as follo#s0

>1? Petitiones 6uano, et al. in -.R. No. 1&H//* and espondents Ricado = 2nocian, et al. in -.R. No.
1&HH1$ ae odeed to etun to the MC2AA the 8ust compensation the" o thei pedecessos-in-inteest eceived
fo the e3popiation of thei espective lots as stated in Civil Case No. R-1HH1, #ithin a peiod of si3t" >&*? da"s
fom finalit" of 8ud(mentI

>$? The MC2AA shall be entitled to RET!N #hateve fuits and income it ma" have obtained fom the
sub8ect e3popiated lots #ithout an" obli(ation to efund the same to the lot o#nesI and

>@? Petitiones 6uano, et al. in -.R. No. 1&H//* and espondents Ricado =. 2nocian, et al. in -.R. No.
1&HH1$ shall RET!N #hateve inteests the amounts the" eceived as 8ust compensation ma" have eaned in
the meantime #ithout an" obli(ation to efund the same to MC2AA.
SO OR"ERE".


PRES0TERO .. 7EL!SCO,
.R. Associate Bustice

;E C6NC<R0
$1H




REN!TO C. CORON!
Chief Bustice
Chaipeson




TEREST! .. LEON!R"O-"E C!STRO M!R!NO C. "EL C!STLLO
Associate Bustice Associate Bustice





.OSE PORTUG!L PERE(
Associate Bustice




C E R T F C ! T O N


Pusuant to 'ection 1@, Aticle E222 of the Constitution, 2 cetif" that the conclusions in the above
7ecision had been eached in consultation befoe the case #as assi(ned to the #ite of the opinion of the
CoutWs 7ivision.



REN!TO C. CORON!
Chief Bustice
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. 1616+6 .,&e 29, 2**+
REPU0LC OF THE PHLPPNES, GENER!L ROMEO (ULUET!, COMMO"ORE E"G!R"O G!LEOS,
!NTONO C!0!LUN!, "OROTEO M!NTOS U FLORENCO 0ELOTN"OS, petitiones,
vs.
7CENTE G. LM, espondent.
R E ' 6 = < T 2 6 N
S!N"O7!L-GUTERRE(, J.:
$1+
Bustice is the fist vitue of social institutions.
1
;hen the state #ields its po#e of eminent domain, thee aises a
coelative obli(ation on its pat to pa" the o#ne of the e3popiated popet" a 8ust compensation. 2f it fails, thee
is a clea case of in8ustice that must be edessed. 2n the pesent case, fift"-seven >%/? "eas have lapsed fom
the time the 7ecision in the sub8ect e3popiation poceedin(s became final, but still the Republic of the
Philippines, heein petitione, has not compensated the o#ne of the popet". To toleate such polon(ed inaction
on its pat is to encoua(e distust and esentment amon( ou people M the ve" vices that coode the ties of
civilit" and tempt men to act in #a"s the" #ould othe#ise shun.
A evisit of the petinent facts in the instant case is impeative.
6n 'eptembe %, 1+@H, the Republic of the Philippines >Republic? instituted a special civil action fo e3popiation
#ith the Cout of ,ist 2nstance >C,2? of Cebu, doc.eted as Civil Case No. /H1, involvin( =ots +@$ and +@+ of the
Banilad ,ia =and Estate, =ahu(, Cebu Cit", fo the pupose of establishin( a milita" esevation fo the
Philippine Am". =ot +@$ #as e(isteed in the name of -evasia 7en5on unde Tansfe Cetificate of Title >TCT?
No. 1A+$1 #ith an aea of $%,1@/ s!uae metes, #hile =ot +@+ #as in the name of Eulalia 7en5on and coveed
b" TCT No. 1$%&* consistin( of 1@,1&A s!uae metes.
Afte depositin( P+,%**.** #ith the Philippine National Ban., pusuant to the 6de of the C,2 dated 6ctobe 1+,
1+@H, the Republic too. possession of the lots. Theeafte, o on Ma" 1A, 1+A*, the C,2 endeed its 7ecision
odein( the Republic to pa" the 7en5ons the sum of PA,*&$.1* as 8ust compensation.
The 7en5ons inteposed an appeal to the Cout of Appeals but it #as dismissed on Mach 11, 1+AH. An ent" of
8ud(ment #as made on !#r%6 +, 1948.
2n 1+%*, Bose -aleos, one of the heis of the 7en5ons, filed #ith the National Aipots Copoation a claim fo
entals fo the t#o lots, but it )denied .no#led(e of the matte.) Anothe hei, Nesto Belocua, bou(ht the claim
to the 6ffice of then Pesident Calos -acia #ho #ote the Civil Aeonautics Administation and the 'eceta" of
National 7efense to e3pedite action on said claim. 6n 'eptembe &, 1+&1, =t. Manuel Cabal e8ected the claim
but e3pessed #illin(ness to pa" the appaised value of the lots #ithin a easonable time.
,o failue of the Republic to pa" fo the lots, on 'eptembe $*, 1+&1, the 7en5onsW successos-in-
inteest,Fr$&c%'c$ G$6eo'-7$6/e1,e5$ $&/ .o'e4%&$ G$6eo'-P$&er%o,
$
filed #ith the same C,2 an action fo
ecove" of possession #ith dama(es a(ainst the Republic and offices of the Amed ,oces of the Philippines in
possession of the popet". The case #as doc.eted as Civil Case No. R-/$*H.
2n the inteim o on Novembe +, 1+&1, TCT Nos. $@+@A and $@+@% covein( =ots +@$ and +@+ #ee issued in the
names of ,ancisca Ealdehue5a and Bosefina Paneio, espectivel". Annotated theeon #as the phase )sub8ect
to the pioit" of the National Aipots Copoation to ac!uie said pacels of land, =ots +@$ and +@+ upon pevious
pa"ment of a easonable ma.et value.)
6n Bul" @1, 1+&$, the C,2 pomul(ated its 7ecision in favo of Ealdehue5a and Paneio, holdin( that the" ae the
o#nes and have etained thei i(ht as such ove =ots +@$ and +@+ because of the RepublicWs failue to pa" the
amount of PA,*&$.1*, ad8ud(ed in the e3popiation poceedin(s. 1o#eve, in vie# of the annotation on thei land
titles, the" #ee odeed to e3ecute a deed of sale in favo of the Republic. 2n vie# of )the diffeences in mone"
value fom 1+A* up to the pesent,) the cout ad8usted the ma.et value at P1&,$AH.A*, to be paid #ith &U inteest
pe annum fom Apil %, 1+AH, date of ent" in the e3popiation poceedin(s, until full pa"ment.
Afte thei motion fo econsideation #as denied, Ealdehue5a and Paneio appealed fom the C,2 7ecision, in
vie# of the amount in contoves", diectl" to this Cout. The case #as doc.eted as No. =-$1*@$.
@
6n Ma" 1+,
1+&&, this Cout endeed its 7ecision affimin( the C,2 7ecision. 2t held that Ealdehue5a and Paneio ae still the
e(isteed o#nes of =ots +@$ and +@+, thee havin( been no pa"ment of 8ust compensation b" the Republic.
Appaentl", this Cout found nothin( in the ecods to sho# that the Republic paid the o#nes o thei successos-
in-inteest accodin( to the C,2 decision. ;hile it deposited the amount of P+,%**,**, and said deposit #as
alle(edl" disbused, ho#eve, the pa"ees could not be ascetained.
$$*
Not#ithstandin( the above findin(, this Cout still uled that Ealdehue5a and Paneio ae not entitled to ecove
possession of the lots but ma" onl" demand the pa"ment of thei fai ma.et value, atiocinatin( as follo#s0
)Appellants #ould contend that0 L1M possession of =ots +@$ and +@+ should be estoed to them as o#nes of the
sameI L2M the Republic should be odeed to pa" entals fo the use of said lots, plus attone"Ws feesI andL3M the
cout a 2uo in the pesent suit had no po#e to fi3 the value of the lots and ode the e3ecution of the deed of sale
afte pa"ment.
2t is tue that plaintiffs ae still the e(isteed o#nes of the land, thee not havin( been a tansfe of said lots in
favo of the -ovenment. The ecods do not sho# that the -ovenment paid the o#nes o thei successos-in-
inteest accodin( to the 1+A* C,2 decision althou(h, as stated, P+,%**.** #as deposited b" it, and said deposit
had been disbused. ;ith the ecods lost, ho#eve, it cannot be .no#n #ho eceived the mone" >E3h. 1A sa"s0
Z2t is futhe cetified that the coespondin( Eouches and petinent Bounal and Cash Boo. #ee desto"ed duin(
the last ;old ;a, and theefoe the names of the pa"ees concened cannot be ascetained.W? !&/ t1e
Go3er&9e&t &oD $/9%t' t1$t t1ere %' &o $3$%6$b6e recor/ '1oD%&- t1$t #$29e&t 4or t1e 3$6,e o4 t1e 6ot' %&
I,e't%o& 1$' bee& 9$/e >'tipulation of ,acts, pa. +, Rec. on Appeal, p. $H?.
T1e #o%&t' %& /%'#,te $re D1et1er ',c1 #$29e&t c$& 't%66 be 9$/e $&/, %4 'o, %& D1$t $9o,&t. S$%/ 6ot'
1$3e bee& t1e ',bFect o4 eB#ro#r%$t%o& #rocee/%&-'. 02 4%&$6 $&/ eBec,tor2 F,/-9e&t %& '$%/
#rocee/%&-', t1e2 Dere co&/e9&e/ 4or #,b6%c ,'e, $' #$rt o4 $& $%r#ort, $&/ or/ere/ 'o6/ to t1e
Go3er&9e&t. & 4$ct, t1e $bo3e9e&t%o&e/ t%t6e cert%4%c$te' 'ec,re/ b2 #6$%&t%44' o3er '$%/ 6ot' co&t$%&e/
$&&ot$t%o&' o4 t1e r%-1t o4 t1e N$t%o&$6 !%r#ort' Cor#or$t%o& L&oD C!!M to #$2 4or $&/ $cI,%re t1e9. t
4o66oD' t1$t bot1 b2 3%rt,e o4 t1e F,/-9e&t, 6o&- 4%&$6, %& t1e eB#ro#r%$t%o& ',%t, $' De66 $' t1e $&&ot$t%o&'
,#o& t1e%r t%t6e cert%4%c$te', #6$%&t%44' $re &ot e&t%t6e/ to reco3er #o''e''%o& o4 t1e%r eB#ro#r%$te/ 6ot' C
D1%c1 $re 't%66 /e3ote/ to t1e #,b6%c ,'e 4or D1%c1 t1e2 Dere eB#ro#r%$te/ C b,t o&62 to /e9$&/ t1e 4$%r
9$rEet 3$6,e o4 t1e '$9e.J
Mean#hile, in 1+&A, Ealdehue5a and Paneio mot(a(ed =ot +@$ to 7%ce&te L%9, heein espondent,
A
as secuit"
fo thei loans. ,o thei failue to pa" =im despite demand, he had the mot(a(e foeclosed in 1+/&. Thus, TCT
No. $@+@A #as cancelled, and in lieu theeof, TCT No. &@H+A #as issued in his name.
6n Au(ust $*, 1++$, espondent =im filed a complaint fo I,%et%&- o4 t%t6e #ith the Re(ional Tial Cout >RTC?,
Banch 1*, Cebu Cit", a(ainst -eneal Romeo Julueta, as Commande of the Amed ,oces of the Philippines,
Commodoe Ed(ado -aleos, as Commande of Naval 7istict E of the Philippine Nav", Antonio Cabaluna,
7ooteo Mantos and ,loencio Belotindos, heein petitiones. 'ubse!uentl", he amended the complaint to
implead the Republic.
6n Ma" A, $**1, the RTC endeed a decision in favo of espondent, thus0
J:HEREFORE, 8ud(ment is heeb" endeed in favo of plaintiff Eicente =im and a(ainst all defendants, public
and pivate, /ec6$r%&- #6$%&t%44 7%ce&te L%9 t1e $b'o6,te $&/ eBc6,'%3e oD&er o4 Lot No. 932 D%t1 $66 t1e
r%-1t' o4 $& $b'o6,te oD&er %&c6,/%&- t1e r%-1t to #o''e''%o&. The moneta" claims in the complaint and in
the counte claims contained in the ans#e of defendants ae odeed 7ismissed.
Petitiones elevated the case to the Cout of Appeals, doc.eted theein as CA--.R. CE No. /$+1%. 2n its
7ecision
%
dated 'eptembe 1H, $**@, the Appellate Cout sustained the RTC 7ecision, thus0
JOb3%o,'62, /e4e&/$&t-$##e66$&t Re#,b6%c e3$/e/ %t' /,t2 o4 #$2%&- D1$t D$' /,e to t1e 6$&/oD&er'. T1e
eB#ro#r%$t%o& #rocee/%&-' 1$/ $6re$/2 beco9e 4%&$6 %& t1e 6$te 194*O' $&/ 2et, ,# to &oD, or 9ore t1$&
4%4t2 L+*M 2e$r' $4ter, t1e Re#,b6%c 1$/ &ot 2et #$%/ t1e co9#e&'$t%o& 4%Be/ b2 t1e co,rt D1%6e
co&t%&,o,'62 re$#%&- be&e4%t' 4ro9 t1e eB#ro#r%$te/ #ro#ert2 to t1e #reF,/%ce o4 t1e 6$&/oD&er. B B B.
T1%' %' co&tr$r2 to t1e r,6e' o4 4$%r #6$2 bec$,'e t1e co&ce#t o4 F,'t co9#e&'$t%o& e9br$ce' &ot o&62 t1e
correct /eter9%&$t%o& o4 t1e $9o,&t to be #$%/ to t1e oD&er' o4 t1e 6$&/, b,t $6'o t1e #$29e&t 4or t1e
6$&/ D%t1%& $ re$'o&$b6e t%9e 4ro9 %t' t$E%&-. :%t1o,t #ro9#t #$29e&t, co9#e&'$t%o& c$&&ot be
$$1
co&'%/ere/ JF,'tJ 4or t1e #ro#ert2 oD&er %' 9$/e to ',44er t1e co&'eI,e&ce o4 be%&- %99e/%$te62
/e#r%3e/ o4 1%' 6$&/ D1%6e be%&- 9$/e to D$%t 4or $ /ec$/e or 9ore, %& t1%' c$'e 9ore t1$& +* 2e$r',
be4ore $ct,$662 rece%3%&- t1e $9o,&t &ece''$r2 to co#e D%t1 t1e 6o''. To $66oD t1e t$E%&- o4 t1e
6$&/oD&er'O #ro#ert%e', $&/ %& t1e 9e$&t%9e 6e$3e t1e9 e9#t2-1$&/e/ b2 D%t11o6/%&- #$29e&t o4
co9#e&'$t%o& D1%6e t1e -o3er&9e&t '#ec,6$te' o& D1et1er or &ot %t D%66 #,r',e eB#ro#r%$t%o&, or Dor'e,
4or -o3er&9e&t to ',b'eI,e&t62 /ec%/e to $b$&/o& t1e #ro#ert2 $&/ ret,r& %t to t1e 6$&/oD&er', %'
,&/o,bte/62 $& o##re''%3e eBerc%'e o4 e9%&e&t /o9$%& t1$t 9,'t &e3er be '$&ct%o&e/. >Land ;an+ of the
hilippines vs. (ourt of Appeals, $%H 'CRA A*A?.
3 3 3 3 3 3
An action to !uiet title is a common la# emed" fo the emoval of an" cloud o doubt o uncetaint" on the title to
eal popet". 2t is essential fo the plaintiff o complainant to have a le(al o e!uitable title o inteest in the eal
popet", #hich is the sub8ect matte of the action. Also the deed, claim, encumbance o poceedin( that is bein(
alle(ed as cloud on plaintiffWs title must be sho#n to be in fact invalid o inopeative despite its prima
facieappeaance of validit" o le(al efficac" >Robles vs. (ourt of Appeals, @$H 'CRA +/?. & 3%eD o4 t1e
4ore-o%&- /%'c,''%o&, c6e$r62, t1e c6$%9 o4 /e4e&/$&t-$##e66$&t Re#,b6%c co&'t%t,te' $ c6o,/, /o,bt or
,&cert$%&t2 o& t1e t%t6e o4 #6$%&t%44-$##e66ee 7%ce&te L%9 t1$t c$& be re9o3e/ b2 $& $ct%o& to I,%et t%t6e.
:HEREFORE, in vie# of the foe(oin(, and findin( no evesible eo in the appealed Ma" A, $**1 7ecision of
Banch +, Re(ional Tial Cout of Cebu Cit", in Civil Case No. CEB-1$/*1, the said decision is UPHEL" !N"
!FFRME". Accodin(l", the appeal is "SMSSE" fo lac. of meit.)
<ndaunted, petitiones, thou(h the 6ffice of the 'olicito -eneal, filed #ith this Cout a petition fo evie# on
certiorari alle(in( that the Republic has emained the o#ne of =ot +@$ as held b" this Cout in Valdehueza vs.
Republic.
&
2n ou Resolution dated Mach 1, $**A, #e denied the petition outi(ht on the (ound that the Cout of Appeals did
not commit a evesible eo. Petitiones filed an u(ent motion fo econsideation but #e denied the sameD%t1
4%&$6%t2 in ou Resolution of Ma" 1/, $**A.
6n Ma" 1H, $**A, espondent filed an e0-parte motion fo the issuance of an ent" of 8ud(ment. ;e onl" noted
the motion in ou Resolution of Bul" 1$, $**A.
6n Bul" /, $**A, petitiones filed an u(ent pleaLmotion fo claification, #hich is actuall" a 'eco&/ 9ot%o& 4or
reco&'%/er$t%o&. Thus, in ou Resolution of 'eptembe &, $**A, #e simpl" noted #ithout action the motion
considein( that the instant petition #as alead" denied D%t1 4%&$6%t2 in ou Resolution of Ma" 1/, $**A.
6n 6ctobe $+, $**A, petitiones filed a ve" u(ent motion fo leave to file a motion fo econsideation of ou
Resolution dated 'eptembe &, $**A >#ith pa"e to efe the case to the En ;anc?. The" maintain that the
RepublicWs i(ht of o#neship has been settled in Valdehueza.
The basic issue fo ou esolution is #hethe the Republic has etained o#neship of =ot +@$ despite its failue to
pa" espondentWs pedecessos-in-inteest the 8ust compensation theefo pusuant to the 8ud(ment of the C,2
endeed as eal" as Ma" 1A, 1+A*.
2nitiall", #e must ule on the pocedual obstacle.
;hile #e commend the Republic fo the 5eal #ith #hich it pusues the pesent case, #e eiteate that its u(ent
motion fo claification filed on Bul" /, $**A is actuall" a second motion fo econsideation. This motion is
pohibited unde 'ection $, Rule %$, of the 1++/ Rules of Civil Pocedue, as amended, #hich povides0
$$$
)Sec. 2. 'econd motion for reconsideration. M No second motion fo econsideation of a 8ud(ment o final
esolution b" the same pat" shall be entetained.)
Conse!uentl", as mentioned ealie, #e simpl" noted #ithout action the motion since petitionesW petition #as
alead" denied #ith finalit".
Considein( the RepublicWs u(ent and seious insistence that it is still the o#ne of =ot +@$ and in the inteest of
8ustice, #e ta.e anothe had loo. at the contovesial issue in ode to detemine the veacit" of petitioneWs
stance.
6ne of the basic pinciples enshined in ou Constitution is that no peson shall be depived of his pivate popet"
#ithout due pocess of la#I and in e3popiation cases, an essential element of due pocess is that thee must be
8ust compensation #heneve pivate popet" is ta.en fo public use.
/
Accodin(l", 'ection +, Aticle 222, of ou
Constitution mandates0 )rivate property shall not be ta+en for public use !ithout *ust compensation.)
The Republic dise(aded the foe(oin( povision #hen it failed and efused to pa" espondentWs pedecessos-in-
inteest the 8ust compensation fo =ots +@$ and +@+. The len(th of time and the manne #ith #hich it evaded
pa"ment demonstate its abita" hi(h-handedness and confiscato" attitude. The final 8ud(ment in the
e3popiation poceedin(s >Civil Case No. /H1? #as enteed on !#r%6 +, 1948. Moe than half of a centu" has
passed, "et, to this da", the lando#ne, no# espondent, has emained empt"-handed. <ndoubtedl", ove %*
"eas of dela"ed pa"ment cannot, in an" #a", be vie#ed as fai. This is moe so #hen such dela" is accompanied
b" bueaucatic hassles. Appaent fom Valdehueza is the fact that espondentWs pedecessos-in-inteest #ee
(iven a )un aound) b" the RepublicWs officials and a(ents. 2n 1+%*, despite the benefits it deived fom the use of
the t#o lots, the National Aipots Copoation denied .no#led(e of the claim of espondentWs pedecessos-in-
inteest. Even Pesident -acia, #ho sent a lette to the Civil Aeonautics Administation and the 'eceta" of
National 7efense to e3pedite the pa"ment, failed in (antin( elief to them. And, on 'eptembe &, 1+&1, #hile the
Chief of 'taff of the Amed ,oces e3pessed #illin(ness to pa" the appaised value of the lots, nothin(
happened.la!phil.net
The Cout of Appeals is coect in sa"in( that RepublicWs dela" is conta" to the ules of fai pla", as JF,'t
co9#e&'$t%o& e9br$ce' &ot o&62 t1e correct /eter9%&$t%o& o4 t1e $9o,&t to be #$%/ to t1e oD&er' o4 t1e
6$&/, b,t $6'o t1e #$29e&t 4or t1e 6$&/ D%t1%& $ re$'o&$b6e t%9e 4ro9 %t' t$E%&-. :%t1o,t #ro9#t #$29e&t,
co9#e&'$t%o& c$&&ot be co&'%/ere/ TF,'t.OJ 2n 8uisdictions simila to ous, #hee an ent" to the e3popiated
popet" pecedes the pa"ment of compensation, it has been held that if the compensation is not paid in
a re$'o&$b6e t%9e, the pat" ma" be teated as a tespasse ab initio.
H
Coollail", in rovincial Government of 'orso)on vs. Vda. >e Villaroya,
+
simila to the pesent case, this Cout
e3pessed its dis(ust ove the (ovenmentWs ve3atious dela" in the pa"ment of 8ust compensation, thus0
JT1e #et%t%o&er' 1$3e bee& D$%t%&- 4or 9ore t1$& t1%rt2 2e$r' to be #$%/ 4or t1e%r 6$&/ D1%c1 D$' t$Ee& 4or
,'e $' $ #,b6%c 1%-1 'c1oo6. As a matte of fai pocedue, it is the dut" of the -ovenment, #heneve it ta.es
popet" fom pivate pesons a(ainst thei #ill, to suppl" all e!uied documentation and facilitate pa"ment of 8ust
compensation. T1e %9#o'%t%o& o4 ,&re$'o&$b6e reI,%re9e&t' $&/ 3eB$t%o,' /e6$2' be4ore e44ect%&-
#$29e&t %' &ot o&62 -$66%&- $&/ $rb%tr$r2 b,t $ r%c1 'o,rce o4 /%'co&te&t D%t1 -o3er&9e&t. T1ere '1o,6/
be 'o9e E%&/ o4 'D%4t $&/ e44ect%3e reco,r'e $-$%&'t ,&4ee6%&- $&/ ,&c$r%&- $ct' o4 9%//6e or 6oDer 6e3e6
b,re$,cr$t'.J
;e feel the same #a" in the instant case.
Moe than an"thin( else, ho#eve, it is the obstinac" of the Republic that pompted us to dismiss its petition
outi(ht. As eal" as M$2 19, 1966, in Valdehueza, this Cout mandated the Republic to pa" espondentWs
pedecessos-in-inteest the sum of P1&,$AH.A* as )easonable ma.et value of the t#o lots in !uestion.)
<nfotunatel", it did not compl" and allo#ed seveal decades to pass #ithout obe"in( this CoutWs mandate. 'uch
polon(ed obstinac" bespea.s of lac. of espect to pivate i(hts and to the ule of la#, #hich #e cannot
$$@
countenance. 2t is tantamount to confiscation of pivate popet". ;hile it is tue that all pivate popeties ae
sub8ect to the need of (ovenment, and the (ovenment ma" ta.e them #heneve the necessit" o the e3i(enc" of
the occasion demands, ho#eve, the Constitution (uaantees that #hen this (ovenmental i(ht of e3popiation is
e3ecised, it shall be attended b" compensation.
1*
,om the ta.in( of pivate popet" b" the (ovenment unde
the po#e of eminent domain, thee aises an implied pomise to compensate the o#ne fo his loss.
11
'i(nificantl", the above-mentioned povision of 'ection +, Aticle 222 of the Constitution is not a (ant but
a6%9%t$t%o& of po#e. This limitin( function is in .eepin( #ith the philosoph" of the Bill of Ri(hts a(ainst the
abita" e3ecise of (ovenmental po#es to the detiment of the individualWs i(hts. -iven this function, the
povision should theefoe be 'tr%ct62 intepeted a(ainst the e3popiato, the (ovenment, and 6%ber$662 in favo
of the popet" o#ne.
1$
2onicall", in opposin( espondentWs claim, the Republic is invo.in( this CoutWs 7ecision in Valdehueza" a
7ecision it uttel" defied. Go! could the Republic ac2uire o!nership over Lot <A# !hen it has not paid its o!ner
the *ust compensation" re2uired by la!" for more than %L years@ The eco(ni5ed ule is that title to the popet"
e3popiated shall pass fom the o#ne to the e3popiato onl" ,#o& 4,66 #$29e&t o4 t1e F,'t co9#e&'$t%o&.
Buispudence on this settled pinciple is consistent both hee and in othe democatic 8uisdictions. 2n Association
of 'mall Lando!ners in the hilippines" ,nc. et al." vs. 'ecretary of A)rarian Reform"
1@
thus0
JT%t6e to #ro#ert2 D1%c1 %' t1e ',bFect o4 co&/e9&$t%o& #rocee/%&-' /oe' &ot 3e't t1e co&/e9&or ,&t%6
t1e F,/-9e&t 4%B%&- F,'t co9#e&'$t%o& %' e&tere/ $&/ #$%/, but the condemnoWs title elates bac. to the date
on #hich the petition unde the Eminent 7omain Act, o the commissioneWs epot unde the =ocal 2mpovement
Act, is filed.
B B B !6t1o,-1 t1e r%-1t to $##ro#r%$te $&/ ,'e 6$&/ t$Ee& 4or $ c$&$6 %' co9#6ete $t t1e t%9e o4 e&tr2, t%t6e
to t1e #ro#ert2 t$Ee& re9$%&' %& t1e oD&er ,&t%6 #$29e&t %' $ct,$662 9$/e. >Emphasis supplied.?
2n -ennedy v. ,ndianapolis, the <' 'upeme Cout cited seveal cases holdin( that title to popet" does not pass
to the condemno until 8ust compensation had actuall" been made. 2n fact, the decisions appea to be unifom to
this effect. As eal" as 1H@H, in Rubottom v. McLure, it #as held that T$ct,$6 #$29e&t to t1e oD&er o4 t1e
co&/e9&e/ #ro#ert2 D$' $ co&/%t%o& #rece/e&t to t1e %&3e't9e&t o4 t1e t%t6e to t1e #ro#ert2 %& t1e St$teO
$6be%t T&ot to t1e $##ro#r%$t%o& o4 %t to #,b6%c ,'e.O 2n Re0ford v. -ni)ht, the Cout of Appeals of Ne# Ko. said
that the constuction upon the statutes #as that the fee did not vest in the 'tate until the pa"ment of the
compensation althou(h the authoit" to ente upon and appopiate the land #as complete pio to the pa"ment.
9enned" futhe said that Tbot1 o& #r%&c%#6e $&/ $,t1or%t2 t1e r,6e %' . . . t1$t t1e r%-1t to e&ter o& $&/ ,'e
t1e #ro#ert2 %' co9#6ete, $' 'oo& $' t1e #ro#ert2 %' $ct,$662 $##ro#r%$te/ ,&/er t1e $,t1or%t2 o4 6$D 4or $
#,b6%c ,'e, b,t t1$t t1e t%t6e /oe' &ot #$'' 4ro9 t1e oD&er D%t1o,t 1%' co&'e&t, ,&t%6 F,'t co9#e&'$t%o&
1$' bee& 9$/e to 1%9.J
6u o#n 'upeme Cout has held in Visayan Refinin) (o. v. (amus and aredes, that0
T4 t1e 6$D' D1%c1 De 1$3e eB1%b%te/ or c%te/ %& t1e #rece/%&- /%'c,''%o& $re $tte&t%3e62 eB$9%&e/ %t D%66
be $##$re&t t1$t t1e 9et1o/ o4 eB#ro#r%$t%o& $/o#te/ %& t1%' F,r%'/%ct%o& %' ',c1 $' to $44or/ $b'o6,te
re$'',r$&ce t1$t &o #%ece o4 6$&/ c$& be 4%&$662 $&/ %rre3oc$b62 t$Ee& 4ro9 $& ,&D%66%&- oD&er ,&t%6
co9#e&'$t%o& %' #$%/...OJ>Emphasis supplied.?
Cleal", #ithout full pa"ment of 8ust compensation, thee can be no tansfe of title fom the lando#ne to the
e3popiato. 6the#ise stated, the RepublicWs ac!uisition of o#neship is conditioned upon the full pa"ment of 8ust
compensation #ithin a easonable time.
1A
'i(nificantl", in Municipality of ;i7an v. Garcia
1%
this Cout uled that the e3popiation of lands consists of t#o
sta(es, to #it0
$$A
)3 3 3 The first is concened #ith the detemination of the authoit" of the plaintiff to e3ecise the po#e of
eminent domain and the popiet" of its e3ecise in the conte3t of the facts involved in the suit. 2t ends #ith an
ode, if not of dismissal of the action, )of condemnation declain( that the plaintiff has a la#ful i(ht to ta.e the
popet" sou(ht to be condemned, fo the public use o pupose descibed in the complaint, upon the pa"ment of
8ust compensation to be detemined as of the date of the filin( of the complaint) 3 3 3.
The second phase of the eminent domain action is concened #ith the detemination b" the cout of )the 8ust
compensation fo the popet" sou(ht to be ta.en.) This is done b" the cout #ith the assistance of not moe than
thee >@? commissiones. 3 3 3.
2t is onl" upon the completion of these t#o sta(es that e3popiation is said to have been completed. 2n Republic
v. 'alem ,nvestment (orporation"
1&
#e uled that, )the pocess is not completed until pa"ment of 8ust
compensation.) Thus, hee, the failue of the Republic to pa" espondent and his pedecessos-in-inteest fo a
peiod of %/ "eas endeed the e3popiation pocess incomplete.
The Republic no# a(ues that unde Valdehueza, espondent is not entitled to ecove possession of =ot +@$ but
onl" to demand pa"ment of its fai ma.et value. 6f couse, #e ae a#ae of the doctine that )non-pa"ment of
8ust compensation >in an e3popiation poceedin(s? does not entitle the pivate lando#nes to ecove possession
of the e3popiated lots.) This is ou ulin( in the ecent cases of Republic of the hilippines vs. (ourt of Appeals"
et al."
1/
and Reyes vs. National Gousin) Authority.
1H
1o#eve, the facts of the pesent case do not 8ustif" its
application. 2t beas stessin( that the Republic #as odeed to pa" 8ust compensation tD%ce,the first #as in the
e3popiation poceedin(s and the second, in Valdehueza. ,ift"-seven >%/? "eas have passed since then. :e
c$&&ot b,t co&'tr,e t1e Re#,b6%cO' 4$%6,re to #$2 F,'t co9#e&'$t%o& $' $ /e6%ber$te re4,'$6 o& %t'
#$rt. <nde such cicumstance, reco3er2 o4 #o''e''%o& is in ode. 2n seveal 8uisdictions, the couts held that
ecove" of possession ma" be had #hen popet" has been #on(full" ta.en o is #on(full" etained b" one
claimin( to act unde the po#e of eminent domain
1+
or D1ere $ r%-1t4,6 e&tr2 %' 9$/e $&/ t1e #$rt2
co&/e9&%&- re4,'e' to #$2 t1e co9#e&'$t%o& D1%c1 1$' bee& $''e''e/ or $-ree/ ,#o&H
$*
o fails o
efuses to have the compensation assessed and paid.
$1
The Republic also contends that #hee thee have been constuctions bein( used b" the milita", as in this case,
public inteest demands that the pesent suit should not be sustained.
2t must be emphasi5ed that an individual cannot be depived of his popet" fo the public
convenience.
$$
2nAssociation of 'mall Lando!ners in the hilippines" ,nc. vs. 'ecretary of A)rarian Reform,
$@
#e
uled0
)6ne of the basic pinciples of the democatic s"stem is that #hee the i(hts of the individual ae concened, the
end does not 8ustif" the means. 2t is not enou(h that thee be a valid ob8ectiveI it is also necessa" that the means
emplo"ed to pusue it be in .eepin( #ith the Constitution. Mee e3pedienc" #ill not e3cuse constitutional
shotcuts. T1ere %' &o I,e't%o& t1$t &ot e3e& t1e 'tro&-e't 9or$6 co&3%ct%o& or t1e 9o't ,r-e&t #,b6%c
&ee/, ',bFect o&62 to $ 4eD &ot$b6e eBce#t%o&', D%66 eBc,'e t1e b2#$''%&- o4 $& %&/%3%/,$6K' r%-1t'. t %' &o
eB$--er$t%o& to '$2 t1$t $ #er'o& %&3oE%&- $ r%-1t -,$r$&tee/ ,&/er !rt%c6e o4 t1e Co&'t%t,t%o& %' $
9$For%t2 o4 o&e e3e& $' $-$%&'t t1e re't o4 t1e &$t%o& D1o Do,6/ /e&2 1%9 t1$t r%-1t.
T1e r%-1t co3er' t1e #er'o&O' 6%4e, 1%' 6%bert2 $&/ 1%' #ro#ert2 ,&/er Sect%o& 1 o4 !rt%c6e o4 t1e
Co&'t%t,t%o&. :%t1 re-$r/ to 1%' #ro#ert2, t1e oD&er e&Fo2' t1e $//e/ #rotect%o& o4 Sect%o& 9, D1%c1
re$44%r9' t1e 4$9%6%$r r,6e t1$t #r%3$te #ro#ert2 '1$66 &ot be t$Ee& 4or #,b6%c ,'e D%t1o,t F,'t
co9#e&'$t%o&.J
The RepublicWs assetion that the defense of the 'tate #ill be in (ave dan(e if #e shall ode the evesion of =ot
+@$ to espondent is an ovestatement. :irst, =ot +@$ had ceased to opeate as an aipot. ;hat emains in the
site is 8ust the National 1istoical 2nstituteWs ma.in( statin( that =ot +@$ is the )former location of Lahu) Airport.)
And second, thee ae onl" thiteen >1@? stuctues located on =ot +@$, ei(ht >H? of #hich aere'%/e&ce
$#$rt9e&t' of milita" pesonnel. 6nl" t#o >$? buildin(s ae actuall" used as tainin( centes. Thus, pacticall"
$$%
spea.in(, the evesion of =ot +@$ to espondent #ill onl" affect a handful of milita" pesonnel. 2t #ill not esult to
)iepaable dama(e) o )dama(e be"ond pecunia" estimation,) as #hat the Republic vehementl" claims.
;e thus ule that the special cicumstances pevailin( in this case entitle espondent to ecove possession of the
e3popiated lot fom the Republic. <nless this fom of s#ift and effective elief is (anted to him, the (ave
in8ustice committed a(ainst his pedecessos-in-inteest, thou(h no fault o ne(li(ence on thei pat, #ill be
pepetuated. =et this case, theefoe, seve as a #a.e-up call to the Republic that in the e3ecise of its po#e of
eminent domain, necessail" in deo(ation of pivate i(hts, it must compl" #ith the Constitutional limitations. This
Cout, as the (uadian of the peopleWs i(ht, #ill not stand still in the face of the RepublicWs oppessive and
confiscato" ta.in( of pivate popet", as in this case.
At this point, it ma" be a(ued that espondent Eicente =im acted in bad faith in entein( into a contact of
mot(a(e #ith Ealdehue5a and Paneio despite the clea annotation in TCT No. $@+@A that =ot +@$ is )',bFect to
t1e #r%or%t2 o4 t1e N$t%o&$6 !%r#ort' Cor#or$t%o& ?to $cI,%re '$%/ #$rce6' o4 6$&/@ B B B ,#o& #re3%o,'
#$29e&t o4 $ re$'o&$b6e 9$rEet 3$6,e.J
The issue of #hethe o not espondent acted in bad faith is immateial considein( that the Republic did not
complete the e3popiation pocess. 2n shot, it failed to pefect its title ove =ot +@$ b" its failue to pa" 8ust
compensation. The issue of bad faith #ould have assumed elevance if the Republic actuall" ac!uied title ove
=ot +@$. 2n such a case, even if espondentWs title #as e(isteed fist, it #ould be the RepublicWs title o i(ht of
o#neship that shall be upheld. 0,t &oD, $'',9%&- t1$t re'#o&/e&t D$' %& b$/ 4$%t1, c$& ',c1 4$ct 3e't
,#o& t1e Re#,b6%c $ better t%t6e o3er Lot 932G ;e believe not. This is because in the fist place, the Republic
has no title to spea. of.
At an" ate, assumin( that espondent had indeed .no#led(e of the annotation, still nothin( #ould have
pevented him fom entein( into a mot(a(e contact involvin( =ot +@$ #hile the e3popiation poceedin( #as
pendin(. An" peson #ho deals #ith a popet" sub8ect of an e3popiation /oe' 'o $t 1%' oD& r%'E, ta.in( into
account the ultimate possibilit" of losin( the popet" in favo of the (ovenment. 1ee, the annotation meel"
seved as a caveat that the Republic had a #re4ere&t%$6 i(ht to ac!uie =ot +@$ ,#o& %t' #$29e&t o4 $
Jre$'o&$b6e 9$rEet 3$6,e.) 2t did not poscibe Ealdehue5a and Paneio fom e3ecisin( thei i(hts of
o#neship includin( thei i(ht to mot(a(e o even to dispose of thei popet". 2n Republic vs. 'alem ,nvestment
(orporation"
$A
#e eco(ni5ed the o#neWs absolute i(ht ove his popet" pendin( completion of the e3popiation
poceedin(, thus0
)2t is onl" upon the completion of these t#o sta(es that e3popiation is said to have been completed. Moeove, it
is onl" upon pa"ment of 8ust compensation that title ove the popet" passes to the (ovenment. Theefoe, until
the action fo e3popiation has been completed and teminated, o#neship ove the popet" bein( e3popiated
emains #ith the e(isteed o#ne. Co&'eI,e&t62, t1e 6$tter c$& eBerc%'e $66 r%-1t'#ert$%&%&- to $&
oD&er, %&c6,/%&- t1e r%-1t to /%'#o'e o4 1%' #ro#ert2 ',bFect to t1e #oDer o4 t1e St$te ,6t%9$te62 to
$cI,%re %t t1ro,-1 eB#ro#r%$t%o&.
2t beas emphasis that #hen Ealdehue5a and Paneio mot(a(ed =ot +@$ to espondent in 1+&A, the" #ee still
the o#nes theeof and thei title had not "et passed to the petitione Republic. 2n fact, it neve did. 'uch title o
o#neship #as endeed conclusive #hen #e cate(oicall" uled in Valdehueza that0 )t %' tr,e t1$t #6$%&t%44' $re
't%66 t1e re-%'tere/ oD&er' o4 t1e 6$&/, t1ere &ot 1$3%&- bee& $ tr$&'4er o4 '$%/ 6ot' %& 4$3or o4 t1e
Go3er&9e&t.)
,o espondentWs pat, it is easonable to conclude that he enteed into the contact of mot(a(e #ith Ealdehue5a
and Paneio full" a#ae of the e3tent of his i(ht as a mot(a(ee. A mot(a(e is meel" an accesso" contact
intended to secue the pefomance of the pincipal obli(ation. 6ne of its chaacteistics is that it
is %&'e#$r$b6e fom the popet". 2t adhees to the popet" e(adless of #ho its o#ne ma" subse!uentl"
be.
$%
Respondent must have .no#n that even if =ot +@$ is ultimatel" e3popiated b" the Republic, still, his i(ht
as a mot(a(ee is potected. 2n this e(ad, Aticle $1$/ of the Civil Code povides0
$$&
)At. $1$/. T1e 9ort-$-e eBte&/' to the natual accessions, to the impovements, (o#in( fuits, and the ents
o income not "et eceived #hen the obli(ation becomes due, and to t1e $9o,&t o4 t1e %&/e9&%t2 -r$&te/ o
o#in( to the popieto fom the insues of the popet" mot(a(ed, o %& 3%rt,e o4 eB#ro#r%$t%o& 4or #,b6%c ,'e,
#ith the declaations, amplifications, and limitations established b" la#, D1et1er t1e e't$te re9$%&' %& t1e
#o''e''%o& o4 t1e 9ort-$-or or %t #$''e' %& t1e 1$&/' o4 $ t1%r/ #er'o&.
2n summation, #hile the pevailin( doctine is that )the non-pa"ment of 8ust compensation does not entitle the
pivate lando#ne to ecove possession of the e3popiated lots,
$&
ho#eve, in cases #hee the (ovenment
failed to pa" 8ust compensation D%t1%& 4%3e L+M
$/
2e$r' 4ro9 t1e 4%&$6%t2 o4 t1e F,/-9e&t %& t1e eB#ro#r%$t%o&
#rocee/%&-', the o#nes concened shall have the i(ht to ecove possession of thei popet". This is in
consonance #ith the pinciple that )the (ovenment cannot .eep the popet" and dishono the 8ud(ment.)
$H
To be
sue, the five-"ea peiod limitation #ill encoua(e the (ovenment to pa" 8ust compensation punctuall". This is in
.eepin( #ith 8ustice and e!uit". Afte all, it is the dut" of the (ovenment, #heneve it ta.es popet" fom pivate
pesons a(ainst thei #ill, to facilitate the pa"ment of 8ust compensation. 2n (osculluela v. (ourt of Appeals,
$+
#e
defined 8ust compensation as not onl" the coect detemination of the amount to be paid to the popet" o#ne
but also the pa"ment of the popet" #ithin are$'o&$b6e t%9e. ;ithout pompt pa"ment, compensation cannot be
consideed )8ust.)
:HEREFORE, the assailed 7ecision of the Cout of Appeals in CA--.R. CE No. /$+1% is A,,2RME7 in toto.
The RepublicWs motion fo econsideation of ou Resolution dated Mach 1, $**A is 7EN2E7 #ith ,2NA=2TK. No
futhe pleadin(s #ill be allo#ed.
=et an ent" of 8ud(ment be made in this case.
'6 6R7ERE7.
7avide, B., C.B., Puno, Pan(aniban, Ouisumbin(, Knaes-'antia(o, Capio, Austia-Matine5, Coona, Capio-
Moales, Calle8o, '., A5cuna, Tin(a, Chico-Na5aio, and -acia, BB., concu.
SECOND DIVISION
[G.R. No. 146062. June 28, 2001]
SANTIAGO ESLABAN, JR., in his c!ci"# s $%o&ec" 'n(e% o) "he N"ion* I%%i("ion
A+,inis"%"ion, petitioner, vs. -LARITA ./A. /E ONORIO, respondent.
/ E - I S I O N
'EN/O0A, J.1
This is a petition for review of the decision
[1]
of the Court of Appeals which affired the decision of the !e"ional Trial
Court# $ranch %&# Surallah# South Cota'ato# orderin" the National Irri"ation Adinistration (NIA for 'revit)* to pa)
respondent the aount of +1,-#.1-/&, as 0ust copensation for the ta1in" of the latter2s propert)/
The facts are as follows3
!espondent Clarita Vda/ de Enorio is the owner of a lot in $aran"a) 4/ !o5as# Sto/ Ni6o# South Cota'ato with an area
of 78#.1% s9uare eters/ The lot# 1nown as :ot 1%1,;A;+ad;11;,,,.<&# is covered ') TCT No/ T;%%1%1 of the !e"istr) of
Deeds# South Cota'ato/ On Octo'er &# 18<1# Santia"o Esla'an# =r/# +ro0ect 4ana"er of the NIA# approved the construction
of the ain irri"ation canal of the NIA on the said lot# affectin" a %>#&&, s9uare eter portion thereof/ !espondent2s
$$/
hus'and a"reed to the construction of the NIA canal provided that the) 'e paid ') the "overnent for the area ta1en after the
processin" of docuents ') the Coission on Audit/
Soetie in 18<7# a !i"ht;of;?a) a"reeent was e5ecuted 'etween respondent and the NIA (E5h/ 1*/ The NIA then
paid respondent the aount of +>#1<,/,, as !i"ht;of;?a) daa"es/ !espondent su'se9uentl) e5ecuted an Affidavit of
?aiver of !i"hts and @ees where') she waived an) copensation for daa"es to crops and iproveents which she
suffered as a result of the construction of a ri"ht;of;wa) on her propert) (E5h/ %*/ The sae )ear# petitioner offered
respondent the su of +7.#,,,/,, ') wa) of aica'le settleent pursuant to E5ecutive Order No/ 1,7.# A1<# which provides
in part that
@inancial assistance a) also 'e "iven to owners of lands ac9uired under C/A/ 1>1# as aended# for the area or portion
su'0ect to the reservation under Section 1% thereof in such aounts as a) 'e deterined ') the ipleentin"
a"enc)Binstruentalit) concerned in consultation with the Coission on Audit and the assessor2s office concerned/
!espondent deanded pa)ent for the ta1in" of her propert)# 'ut petitioner refused to pa)/ Accordin"l)# respondent
filed on Dece'er 1,# 188, a coplaint a"ainst petitioner 'efore the !e"ional Trial Court# pra)in" that petitioner 'e ordered
to pa) the su of +111#%88/.. as copensation for the portion of her propert) used in the construction of the canal
constructed ') the NIA# liti"ation e5penses# and the costs/
+etitioner# throu"h the Office of the Solicitor;Ceneral# filed an Answer# in which he aditted that NIA constructed an
irri"ation canal over the propert) of the plaintiff and that NIA paid a certain landowner whose propert) had 'een ta1en for
irri"ation purposes# 'ut petitioner interposed the defense that3 (1* the "overnent had not consented to 'e suedD (%* the total
area used ') the NIA for its irri"ation canal was onl) %/%- hectares# not %>#&,, s9uare etersD and (7* respondent was not
entitled to copensation for the ta1in" of her propert) considerin" that she secured title over the propert) ') virtue of a
hoestead patent under C/A/ No/ 1>1/
At the pre;trial conference# the followin" facts were stipulated upon3 (1* that the area ta1en was %>#&&, s9uare etersD
(%* that it was a portion of the land covered ') TCT No/ T;%%1%1 in the nae of respondent and her late hus'and (E5h/ A*D
and (7* that this area had 'een ta1en ') the NIA for the construction of an irri"ation canal/
[%]
On Octo'er 1<# 1887# the trial court rendered a decision# the dispositive portion of which reads3
In view of the fore"oin"# decision is here') rendered in favor of plaintiff and a"ainst the defendant orderin" the defendant#
National Irri"ation Adinistration# to pa) to plaintiff the su of One Eundred Seven Thousand @ive Eundred Seventeen
+esos and Si5t) Centavos (+1,-#.1-/&,* as 0ust copensation for the 9uestioned area of %>#&&, s9uare eters of land owned
') plaintiff and ta1en ') said defendant NIA which used it for its ain canal plus costs/
[7]
On Nove'er 1.# 1887# petitioner appealed to the Court of Appeals which# on Octo'er 71# %,,,# affired the decision
of the !e"ional Trial Court/ Eence this petition/
The issues in this case are3
1/ ?EETEE! O! NOT TEE +ETITION IS DIS4ISSI$:E @O! @AI:F!E TO CO4+:G ?ITE TEE
+!OVISIONS O@ SECTION .# !F:E - O@ TEE !EVISED !F:ES O@ CIVI: +!OCEDF!E/
%/ ?EETEE! O! NOT :AND C!ANTED $G VI!TFE O@ A EO4ESTEAD +ATENT AND
SF$SEHFENT:G !ECISTE!ED FNDE! +!ESIDENTIA: DEC!EE 1.%8 CEASES TO $E +A!T O@
TEE +F$:IC DO4AIN/
7/ ?EETEE! O! NOT TEE VA:FE O@ =FST CO4+ENSATION SEA:: $E DETE!4INED @!O4 TEE
TI4E O@ TEE TAIINC O! @!O4 TEE TI4E O@ TEE @INA:ITG O@ TEE DECISION/
>/ ?EETEE! TEE A@@IDAVIT O@ ?AIVE! O@ !ICETS AND @EES EJECFTED $G !ES+ONDENT
EJE4+TS +ETITIONE! @!O4 4AIINC +AG4ENT TO TEE @O!4E!/
?e shall deal with these issues in the order the) are stated/
2i%s". !ule -# A. of the 188- !evised !ules on Civil +rocedure provides
$$H
Certification against forum shopping/ The plaintiff or principal part) shall certif) under oath in the coplaint or other
initiator) pleadin" assertin" a clai for relief# or in a sworn certification anne5ed thereto and siultaneousl) filed therewith3
(a* that he has not theretofore coenced an) action or filed an) clai involvin" the sae issues in an) court# tri'unal or
9uasi;0udicial a"enc) and# to the 'est of his 1nowled"e# no such other action or clai is pendin" thereinD ('* if there is such
other pendin" action or clai# a coplete stateent of the present status thereofD and (c* if he should thereafter learn that the
sae or siilar action or clai has 'een filed or is pendin"# he shall report the fact within five (.* da)s therefro to the court
wherein his aforesaid coplaint or initiator) pleadin" has 'een filed/
@ailure to copl) with the fore"oin" re9uireents shall not 'e cura'le ') ere aendent of the coplaint or other
initiator) pleadin" 'ut shall 'e cause for the disissal of the case without pre0udice# unless otherwise provided# upon otion
and after hearin" / / / /
$) reason of !ule >.# A> of the 188- !evised !ules on Civil +rocedure# in relation to !ule >%# A% thereof# the
re9uireent of a certificate of non;foru shoppin" applies to the filin" of petitions for review on certiorari of the decisions of
the Court of Appeals# such as the one filed ') petitioner/
As provided in !ule >.# A.# KThe failure of the petitioner to copl) with an) of the fore"oin" re9uireents re"ardin" / /
/ the contents of the docuent which should accopan) the petition shall 'e sufficient "round for the disissal thereof/L
The re9uireent in !ule -# A. that the certification should 'e e5ecuted ') the plaintiff or the principal eans that
counsel cannot si"n the certificate a"ainst foru;shoppin"/ The reason for this is that the plaintiff or principal 1nows 'etter
than an)one else whether a petition has previousl) 'een filed involvin" the sae case or su'stantiall) the sae
issues/ Eence# a certification si"ned ') counsel alone is defective and constitutes a valid cause for disissal of the petition/
[>]
In this case# the petition for review was filed ') Santia"o Esla'an# =r/# in his capacit) as +ro0ect 4ana"er of the NIA/
Eowever# the verification and certification a"ainst foru;shoppin" were si"ned ') Cesar E/ ConMales# the adinistrator of
the a"enc)/ The real part);in;interest is the NIA# which is a 'od) corporate/ ?ithout 'ein" dul) authoriMed ') resolution of
the 'oard of the corporation# neither Santia"o Esla'an# =r/ nor Cesar E/ ConMales could si"n the certificate a"ainst foru;
shoppin" accopan)in" the petition for review/ Eence# on this "round alone# the petition should 'e disissed/
Secon+. Coin" to the erits of the case# the land under liti"ation# as alread) stated# is covered ') a transfer certificate
of title re"istered in the !e"istr) Office of Ioronadal# South Cota'ato on 4a) 17# 18-&/ This land was ori"inall) covered ')
Ori"inal Certificate of Title No/ (+;%..8%* +;8<,, which was issued pursuant to a hoestead patent "ranted on @e'ruar) 1<#
18&,/ ?e have held3
?henever pu'lic lands are alienated# "ranted or conve)ed to applicants thereof# and the deed "rant or instruent of
conve)ance [sales patent] re"istered with the !e"ister of Deeds and the correspondin" certificate and owner2s duplicate of
title issued# such lands are deeed re"istered lands under the Torrens S)ste and the certificate of title thus issued is as
conclusive and indefeasi'le as an) other certificate of title issued to private lands in ordinar) or cadastral re"istration
proceedin"s/
[.]
The Solicitor;Ceneral contends# however# that an encu'rance is iposed on the land in 9uestion in view of A78 of the
:and !e"istration Act (now +/D/ No/ 1.%8# A>>* which provides3
Ever) person receivin" a certificate of title in pursuance of a decree of re"istration# and ever) su'se9uent purchaser of
re"istered land who ta1es a certificate of title for value in "ood faith shall hold the sae free fro all encu'rances e5cept
those noted on said certificate# and an) of the followin" encu'rances which a) 'e su'sistin"# nael)3
/ / / /
Third/ An) pu'lic hi"hwa)# wa)# private wa) esta'lished ') law# or an) "overnent irri"ation canal or lateral thereof#
where the certificate of title does not state that the 'oundaries of such hi"hwa)# wa)# irri"ation canal or lateral thereof# have
'een deterined/
As this provision sa)s# however# the onl) servitude which a private propert) owner is re9uired to reco"niMe in favor of
the "overnent is the easeent of a Kpu'lic hi"hwa)# wa)# private wa) esta'lished ') law# or an) "overnent canal or
$$+
lateral thereof where the certificate of title does not state that the 'oundaries thereof have 'een pre;deterined/L This iplies
that the sae should have 'een pre-existing at the tie of the re"istration of the land in order that the re"istered owner a)
'e copelled to respect it/ Conversel)# where the easeent is not pre-existing and is sou"ht to 'e iposed onl) after the land
has 'een re"istered under the :and !e"istration Act# proper e5propriation proceedin"s should 'e had# and 0ust copensation
paid to the re"istered owner thereof/
[&]
In this case# the irri"ation canal constructed ') the NIA on the contested propert) was 'uilt onl) on Octo'er &# 18<1#
several )ears after the propert) had 'een re"istered on 4a) 17# 18-&/ Accordin"l)# prior e5propriation proceedin"s should
have 'een filed and 0ust copensation paid to the owner thereof 'efore it could 'e ta1en for pu'lic use/
Indeed# the rule is that where private propert) is needed for conversion to soe pu'lic use# the first thin" o'viousl) that
the "overnent should do is to offer to 'u) it/
[-]
If the owner is willin" to sell and the parties can a"ree on the price and the
other conditions of the sale# a voluntar) transaction can then 'e concluded and the transfer effected without the necessit) of a
0udicial action/ Otherwise# the "overnent will use its power of einent doain# su'0ect to the pa)ent of 0ust
copensation# to ac9uire private propert) in order to devote it to pu'lic use/
Thi%+. ?ith respect to the copensation which the owner of the condened propert) is entitled to receive# it is
li1ewise settled that it is the ar1et value which should 'e paid or Kthat su of one) which a person# desirous 'ut not
copelled to 'u)# and an owner# willin" 'ut not copelled to sell# would a"ree on as a price to 'e "iven and received
therefor/L
[<]
@urther# 0ust copensation eans not onl) the correct aount to 'e paid to the owner of the land 'ut also the
pa)ent of the land within a reasona'le tie fro its ta1in"/ ?ithout propt pa)ent# copensation cannot 'e considered
K0ustL for then the propert) owner is ade to suffer the conse9uence of 'ein" iediatel) deprived of his land while 'ein"
ade to wait for a decade or ore 'efore actuall) receivin" the aount necessar) to cope with his loss/
[8]
Nevertheless# as
noted in Ansaldo v. Tantuico, Jr/#
[1,]
there are instances where the e5propriatin" a"enc) ta1es over the propert) prior to the
e5propriation suit# in which case 0ust copensation shall 'e deterined as of the tie of ta1in"# not as of the tie of filin" of
the action of einent doain/
$efore its aendent in 188-# !ule &-# A> provided3
Order of condemnation/ ?hen such a otion is overruled or when an) part) fails to defend as re9uired ') this rule# the court
a) enter an order of condenation declarin" that the plaintiff has a lawful ri"ht to ta1e the propert) sou"ht to 'e
condened# for the pu'lic use or purpose descri'ed in the coplaint upon the pa)ent of 0ust copensation to 'e deterined
as of the date of the filin" of the coplaint/ / / /
It is now provided that;
SEC/ >/ Order of expropriation/ If the o'0ections to and the defense a"ainst the ri"ht of the plaintiff to e5propriate the
propert) are overruled# or when no part) appears to defend as re9uired ') this !ule# the court a) issue an order of
e5propriation declarin" that the plaintiff has a lawful ri"ht to ta1e the propert) sou"ht to 'e e5propriated# for the pu'lic use or
purpose descri'ed in the coplaint# upon the pa)ent of 0ust copensation to 'e deterined as of the date of the ta1in" of
the propert) or the filin" of the coplaint# whichever cae first/
A final order sustainin" the ri"ht to e5propriate the propert) a) 'e appealed ') an) part) a""rieved there')/ Such appeal#
however# shall not prevent the court fro deterinin" the 0ust copensation to 'e paid/
After the rendition of such an order# the plaintiff shall not 'e peritted to disiss or discontinue the proceedin" e5cept on
such ters as the court dees 0ust and e9uita'le/ (Ephasis added*
Thus# the value of the propert) ust 'e deterined either as of the date of the ta1in" of the propert) or the filin" of the
coplaint# Kwhichever cae first/L Even 'efore the new rule# however# it was alread) held in Commissioner of Public
Higha!s v. "urgos
[11]
that the price of the land at the tie of ta1in"# not its value after the passa"e of tie# represents the
true value to 'e paid as 0ust copensation/ It was# therefore# error for the Court of Appeals to rule that the 0ust copensation
to 'e paid to respondent should 'e deterined as of the filin" of the coplaint in 188,# and not the tie of its ta1in" ') the
NIA in 18<1# 'ecause petitioner was alle"edl) reiss in its o'li"ation to pa) respondent# and it was respondent who filed the
coplaint/ In the case of "urgos#
[1%]
it was also the propert) owner who 'rou"ht the action for copensation a"ainst the
"overnent after %. )ears since the ta1in" of his propert) for the construction of a road/
$@*
Indeed# the value of the land a) 'e affected ') an) factors/ It a) 'e enhanced on account of its ta1in" for pu'lic
use# 0ust as it a) depreciate/ As o'served in #epublic v. $ara3
[17]
[?]here propert) is ta1en ahead of the filin" of the condenation proceedin"s# the value thereof a) 'e enhanced ') the
pu'lic purpose for which it is ta1enD the entr) ') the plaintiff upon the propert) a) have depreciated its value there')D or
there a) have 'een a natural increase in the value of the propert) fro the tie it is ta1en to the tie the coplaint is filed#
due to "eneral econoic conditions/ The owner of private propert) should 'e copensated onl) for what he actuall) losesD it
is not intended that his copensation shall e5tend 'e)ond his loss or in0ur)/ And what he loses is onl) the actual value of his
propert) at the tie it is ta1en/ This is the onl) wa) that copensation to 'e paid can 'e trul) 0ust# i/e/# K0ustL not onl) to the
individual whose propert) is ta1en# K'ut to the pu'lic# which is to pa) for itL / / / /
In this case# the proper valuation for the propert) in 9uestion is +1&#,>-/&1 per hectare# the price level for 18<%# 'ased
on the appraisal report su'itted ') the coission (coposed of the provincial treasurer# assessor# and auditor of South
Cota'ato* constituted ') the trial court to a1e an assessent of the e5propriated land and fi5 the price thereof on a per
hectare 'asis/
[1>]
2ou%"h. +etitioner finall) contends that it is e5ept fro pa)in" an) aount to respondent 'ecause the latter e5ecuted
an Affidavit of ?aiver of !i"hts and @ees of an) copensation due in favor of the 4unicipal Treasurer of $aran"a) Sto/
Ni6o# South Cota'ato/ Eowever# as the Court of Appeals correctl) held3
[I]f NIA intended to 'ind the appellee to said affidavit# it would not even have 'othered to "ive her an) aount for daa"es
caused on the iproveentsBcrops within the appellee2s propert)/ This# apparentl) was not the case# as can 'e "leaned fro
the dis'urseent voucher in the aount of +>#1<,/,, (pa"e 1, of the @older of E5hi'its in Civil Case 78&* issued on
Septe'er 1-# 18<7 in favor of the appellee# and the letter fro the Office of the Solicitor Ceneral recoendin" the "ivin"
of Kfinancial assistance in the aount of +7.#,,,/,,L to the appellee/
Thus# ?e are inclined to "ive ore credence to the appellee2s e5planation that the waiver of ri"hts and fees Kpertains onl) to
iproveents and crops and not to the value of the land utiliMed ') NIA for its ain canal/L
[1.]
34ERE2ORE# preises considered# the assailed decision of the Court of Appeals is here') A@@I!4ED with
4ODI@ICATION to the e5tent that the 0ust copensation for the contested propert) 'e paid to respondent in the aount
of +1&#,>-/&1 per hectare# with interest at the le"al rate of si5 percent (&N* per annu fro the tie of ta1in" until full
pa)ent is ade/ Costs a"ainst petitioner/
SO OR/ERE/.
"ellosillo, %Chairman&, 'uisumbing, "uena, and (e $eon, Jr., JJ., concur/