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Ernest Hemingway
Death in the Afternoon, Ch. 1
It is a moral and political axiom that any
dishonorable act, if performed by oneself,
is less immoral than if performed by
someone else, who would be wellintentioned in his dishonesty.
J. Christopher Gerald
Bonaparte in Egypt, Ch. I
The Court's commitment to the protection of morals is
secondary to its fealty to the fundamental law of the land. It is
foremost a guardian of the Constitution but not the
conscience of individuals. And if it need be, the Court will not
hesitate to "make the hammer fall, and heavily" in the words
of Justice Laurel, and uphold the constitutional guarantees
when faced with laws that, though not lacking in zeal to
promote morality, nevertheless fail to pass the test of
constitutionality.
The pivotal issue in this Petition 1 under Rule 45 (then Rule
42) of the Revised Rules on Civil Procedure seeking the
reversal of the Decision 2 in Civil Case No. 93-66511 of the
Regional Trial Court (RTC) of Manila, Branch 18 (lower court), 3
is the validity of Ordinance No. 7783 (the Ordinance) of the
City of Manila. 4
The antecedents are as follows:
Private respondent Malate Tourist Development Corporation
(MTDC) is a corporation engaged in the business of operating
hotels, motels, hostels and lodging houses. 5 It built and
opened Victoria Court in Malate which was licensed as a motel
although duly accredited with the Department of Tourism as a
hotel. 6 On 28 June 1993, MTDC filed a Petition for
Declaratory Relief with Prayer for a Writ of Preliminary
Injunction and/or Temporary Restraining Order 7 (RTC
Petition) with the lower court impleading as defendants,
herein petitioners City of Manila, Hon. Alfredo S. Lim (Lim),
Hon. Joselito L. Atienza, and the members of the City Council
of Manila (City Council). MTDC prayed that the Ordinance,
insofar as it includes motels and inns as among its prohibited
establishments, be declared invalid and unconstitutional. 8
Enacted by the City Council 9 on 9 March 1993 and approved
by petitioner City Mayor on 30 March 1993, the said
Ordinance is entitled
AN ORDINANCE PROHIBITING THE
ESTABLISHMENT OR OPERATION OF
BUSINESSES PROVIDING CERTAIN FORMS
OF AMUSEMENT, ENTERTAINMENT,
SERVICES AND FACILITIES IN THE ERMITAMALATE AREA, PRESCRIBING PENALTIES
FOR VIOLATION THEREOF, AND FOR
OTHER PURPOSES. 10
The Ordinance is reproduced in full, hereunder:
SECTION 1.Any provision of existing laws
and ordinances to the contrary
notwithstanding, no person, partnership,
corporation or entity shall, in the ErmitaMalate area bounded by Teodoro M. Kalaw
Sr. Street in the North, Taft Avenue in the
East, Vito Cruz Street in the South and
Roxas Boulevard in the West, pursuant to
P.D. 499 be allowed or authorized to
contract and engage in, any business
providing certain forms of amusement,
entertainment, services and facilities
where women are used as tools in
entertainment and which tend to disturb
the community, annoy the inhabitants,
and adversely affect the social and moral
welfare of the community, such as but not
limited to:
1.Sauna Parlors EDSAac
2.Massage Parlors
3.Karaoke Bars
4.Beerhouses
5.Night Clubs
6.Day Clubs
7.Super Clubs
8.Discotheques
9.Cabarets
10.Dance Halls
11.Motels
12.Inns
SEC. 2.The City Mayor, the City Treasurer
or any person acting in behalf of the said
officials are prohibited from issuing
permits, temporary or otherwise, or from
granting licenses and accepting payments
for the operation of business enumerated
in the preceding section.
SEC. 3.Owners and/or operator of
establishments engaged in, or devoted to,
the businesses enumerated in Section 1
hereof are hereby given three (3) months
from the date of approval of this
ordinance within which to wind up
business operations or to transfer to any
place outside of the Ermita-Malate area or
convert said businesses to other kinds of
business allowable within the area, such
as but not limited to:
1.Curio or antique shop
2.Souvenir Shops
3.Handicrafts display centers
4.Art galleries
5.Records and music shops
6.Restaurants
7.Coffee shops
8.Flower shops
9.Music lounge and sing-along
restaurants, with well-defined activities
for wholesome family entertainment that
cater to both local and foreign clientele.
10.Theaters engaged in the exhibition, not
only of motion pictures but also of cultural
shows, stage and theatrical plays, art
exhibitions, concerts and the like.
11.Businesses allowable within the law
and medium intensity districts as provided
for in the zoning ordinances for
Metropolitan Manila, except new
warehouse or open-storage depot, dock or
yard, motor repair shop, gasoline service
station, light industry with any machinery,
or funeral establishments.
SEC. 4.Any person violating any
provisions of this ordinance, shall upon
conviction, be punished by imprisonment
of one (1) year or fine of FIVE THOUSAND
(P5,000.00) PESOS, or both, at the
discretion of the Court, PROVIDED, that in
case of juridical person, the President, the
General Manager, or person-in-charge of
operation shall be liable thereof;
PROVIDED FURTHER, that in case of
subsequent violation and conviction, the
premises of the erring establishment shall
be closed and padlocked permanently.
SEC. 5.This ordinance shall take effect
upon approval.
Enacted by the City Council of Manila at
its regular session today, March 9, 1993.
Approved by His Honor, the Mayor on
March 30, 1993. (Emphasis supplied)
In the RTC Petition, MTDC argued that the Ordinance
erroneously and improperly included in its enumeration of
prohibited establishments, motels and inns such as MTDC's
Victoria Court considering that these were not establishments
for "amusement" or "entertainment" and they were not
"services or facilities for entertainment," nor did they use
women as "tools for entertainment," and neither did they
"disturb the community," "annoy the inhabitants" or
"adversely affect the social and moral welfare of the
community." 11
10
11
12
The Court likewise cannot see the logic for prohibiting the
business and operation of motels in the Ermita-Malate area
but not outside of this area. A noxious establishment does not
become any less noxious if located outside the area.
The standard "where women are used as tools for
entertainment" is also discriminatory as prostitution one of
the hinted ills the Ordinance aims to banish is not a
profession exclusive to women. Both men and women have an
equal propensity to engage in prostitution. It is not any less
grave a sin when men engage in it. And why would the
assumption that there is an ongoing immoral activity apply
only when women are employed and be inapposite when men
are in harness? This discrimination based on gender violates
equal protection as it is not substantially related to important
government objectives. 104 Thus, the discrimination is invalid.
Failing the test of constitutionality, the Ordinance likewise
failed to pass the test of consistency with prevailing laws.
C.The Ordinance is repugnant
to general laws; it is ultra vires
The Ordinance is in contravention of the Code as the latter
merely empowers local government units to regulate, and not
prohibit, the establishments enumerated in Section 1 thereof.
The power of the City Council to regulate by ordinances the
establishment, operation, and maintenance of motels, hotels
and other similar establishments is found in Section 458 (a) 4
(iv), which provides that:
Section 458.Powers, Duties, Functions and
Compensation. (a) The sangguniang
panlungsod, as the legislative body of the
city, shall enact ordinances, approve
resolutions and appropriate funds for the
general welfare of the city and its
inhabitants pursuant to Section 16 of this
Code and in the proper exercise of the
corporate powers of the city as provided
for under Section 22 of this Code, and
shall:
xxx xxx xxx
(4)Regulate activities relative to the use of
land, buildings and structures within the
city in order to promote the general
welfare and for said purpose shall:
xxx xxx xxx
(iv)Regulate the establishment,
operation and maintenance of
cafes, restaurants, beerhouses,
hotels, motels, inns, pension
houses, lodging houses, and
other similar establishments,
including tourist guides and
transports. . . .
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RESOLUTION
FELICIANO, J p:
Petitioner Pollution Adjudication Board ("Board") asks us to
review the Decision and Resolution promulgated on 7
February 1990 and 10 May 1990, respectively, by the Court of
Appeals in C.A.-G.R. No. SP 18821 entitled "Solar Textile
Finishing Corporation v. Pollution Adjudication Board." In that
Decision and Resolution, the Court of Appeals reversed an
order of the Regional Trial Court, Quezon City, Branch 77, in
Civil Case No. Q-89-2287 dismissing private respondent Solar
Textile Finishing Corporation's ("Solar") petition for certiorari
and remanded the case to the trial court for further
proceedings.
On 22 September 1988, petitioner Board issued an ex parte
Order directing Solar immediately to cease and desist from
utilizing its wastewater pollution source installations which
were discharging untreated wastewater directly into a canal
leading to the adjacent Tullahan-Tinejeros River. The Order
signed by Hon. Fulgencio Factoran, Jr., as Board Chairman,
reads in full as follows:
"Respondent, Solar Textile Finishing
Corporation with plant and place of
business at 999 General Pascual Avenue,
Malabon, Metro Manila is involved in
bleaching, rinsing and dyeing textiles with
wastewater of about 30 gpm. being
directly discharged untreated into the
sewer. Based on findings in the
Inspections conducted on 05 November
1986 and 15 November 1986, the volume
of untreated wastewater discharged in the
final outfall outside of the plant's
compound was even greater. The result of
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l)Total Solids1,400690
mg./l.
m)Turbidity
NTU/ppm. SiO370
The November 1986 inspections report concluded that:
Station 1Station 1
a)Color in100a)Color units250125
platinum(Apparent
cobaltColor)
units
b)p H6-8.5b)pH9.38.7
c)Tempera-40c)Temperature
ture in C(C)
d)Phenols in0.1d)Phenols in
mg./l.mg./l.
e)Suspended75e)Suspended34080
The September 1988 inspection report's conclusions were:
solids insolids in
mg./l.mg./l.
f)BOD in80f)BOD (5-day)1,100152
mg./lmg./l.
g)oil/Grease10g)Oil/Grease
in mg./l.mg./l.
h)Detergents5h)Detergents2.93
in mg./l."mg./l. MBAS
i)Dissolved0
Oxygen, mg./l.
j)Settleable0.41.5
Matter, mg./l.
k)Total Dis-800610
solved Solids
mg./l.
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questioned the validity of MMDA Memorandum Circular No. TT95-001, as he claims that it was passed by the Metro Manila
Council in the absence of a quorum.
Fernan, C.J., Gutierrez, Jr., Bidin and Davide, Jr., JJ., concur.
SECOND DIVISION
[G.R. No. 130230. April 15, 2005.]
METROPOLITAN MANILA
DEVELOPMENT AUTHORITY, petitioner,
vs. DANTE O. GARIN, respondent.
DECISION
CHICO-NAZARIO, J p:
At issue in this case is the validity of Section 5(f) of Republic
Act No. 7924 creating the Metropolitan Manila Development
Authority (MMDA), which authorizes it to confiscate and
suspend or revoke driver's licenses in the enforcement of
traffic laws and regulations.
The issue arose from an incident involving the respondent
Dante O. Garin, a lawyer, who was issued a traffic violation
receipt (TVR) and his driver's license confiscated for parking
illegally along Gandara Street, Binondo, Manila, on 05 August
1995. The following statements were printed on the TVR:
YOU ARE HEREBY DIRECTED TO REPORT
TO THE MMDA TRAFFIC OPERATIONS
CENTER PORT AREA MANILA AFTER 48
HOURS FROM DATE OF APPREHENSION
FOR DISPOSITION/APPROPRIATE ACTION
THEREON. CRIMINAL CASE SHALL BE
FILED FOR FAILURE TO REDEEM LICENSE
AFTER 30 DAYS.
VALID AS TEMPORARY DRIVER'S LICENSE
FOR SEVEN DAYS FROM DATE OF
APPREHENSION. 1
Shortly before the expiration of the TVR's validity, the
respondent addressed a letter 2 to then MMDA Chairman
Prospero Oreta requesting the return of his driver's license,
and expressing his preference for his case to be filed in court.
Receiving no immediate reply, Garin filed the original
complaint 3 with application for preliminary injunction in
Branch 260 of the Regional Trial Court (RTC) of Paraaque, on
12 September 1995, contending that, in the absence of any
implementing rules and regulations, Sec. 5(f) of Rep. Act No.
7924 grants the MMDA unbridled discretion to deprive erring
motorists of their licenses, pre-empting a judicial
determination of the validity of the deprivation, thereby
violating the due process clause of the Constitution. The
respondent further contended that the provision violates the
constitutional prohibition against undue delegation of
legislative authority, allowing as it does the MMDA to fix and
impose unspecified and therefore unlimited fines and
other penalties on erring motorists. SaHTCE
In support of his application for a writ of preliminary
injunction, Garin alleged that he suffered and continues to
suffer great and irreparable damage because of the
deprivation of his license and that, absent any implementing
rules from the Metro Manila Council, the TVR and the
confiscation of his license have no legal basis.
For its part, the MMDA, represented by the Office of the
Solicitor General, pointed out that the powers granted to it by
Sec. 5(f) of Rep. Act No. 7924 are limited to the fixing,
collection and imposition of fines and penalties for traffic
violations, which powers are legislative and executive in
nature; the judiciary retains the right to determine the validity
of the penalty imposed. It further argued that the doctrine of
separation of powers does not preclude "admixture" of the
three powers of government in administrative agencies. 4
The MMDA also refuted Garin's allegation that the Metro
Manila Council, the governing board and policy making body
of the petitioner, has as yet to formulate the implementing
rules for Sec. 5(f) of Rep. Act No. 7924 and directed the
court's attention to MMDA Memorandum Circular No. TT-95001 dated 15 April 1995. Respondent Garin, however,
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SECOND DIVISION
[G.R. No. 126102. December 4, 2000.]
ORTIGAS & CO. LTD., petitioner, vs.
THE COURT OF APPEALS and ISMAEL
G. MATHAY III, respondents.
Atty. Eulogio R. Rodriguez for petitioner.
Puhawan Aldon & Associates Law Offices for private
respondent.
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SYLLABUS
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RESOLUTION
FELICIANO, J p:
The Philippine Press Institute, Inc. ("PPI") is
before this Court assailing the constitutional validity of
Resolution No. 2772 issued by respondent Commission on
Elections ("Comelec") and its corresponding Comelec
directive dated 22 March 1995, through a Petition for
Certiorari and Prohibition. Petitioner PPI is a non-stock,
non-profit organization of newspaper and magazine
publishers. cdphil
On 2 March 1995, Comelec promulgated
Resolution No. 2772, which reads in part:
xxx xxx xxx
Sec. 2.Comelec Space. The Commission
shall procure free print space of not less
than one half (1/2) page in at least one
newspaper of general circulation in every
province or city for use as 'Comelec
Space' from March 6, 1995 in the case of
candidates for senators and from March
21, 1995 until May 12, 1995. In the
absence of said newspaper, 'Comelec
Space' shall be obtained from any
magazine or periodical of said province or
city.
Sec. 3.Uses of Comelec Space.
'Comelec Space' shall be allocated by the
Commission, free of charge, among all
candidates within the area in which the
newspaper, magazine or periodical is
circulated to enable the candidates to
make known their qualifications, their
stand on public issues and their platforms
and programs of government.
'Comelec Space' shall also be used by the
Commission for dissemination of vital
election information.
Sec. 4.Allocation of Comelec Space. (a)
'Comelec Space' shall be available to all
candidates during the periods stated in
Section 2 hereof. Its allocation shall be
equal and impartial among all candidates
for the same office. All candidates
concerned shall be furnished a copy of the
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SECOND DIVISION
[G.R. No. 144681. June 21, 2004.]
PROFESSIONAL REGULATION
COMMISSION (PRC) et al, petitioners,
vs. ARLENE V. DE GUZMAN, et al.
respondents.
DECISION
TINGA, J p:
This petition for review under Rule 45 of the 1997 Rules of
Civil Procedure seeks to nullify the Decision, 1 dated May 16,
2000, of the Court of Appeals in CA-G.R. SP No. 37283. The
appellate court affirmed the judgment 2 dated December 19,
1994, of the Regional Trial Court (RTC) of Manila, Branch 52, in
Civil Case No. 93-66530. The trial court allowed the
respondents to take their physician's oath and to register as
duly licensed physicians. Equally challenged is the Resolution
3 promulgated on August 25, 2000 of the Court of Appeals,
denying petitioners' Motion for Reconsideration.
The facts of this case are as follows:
The respondents are all graduates of the Fatima College of
Medicine, Valenzuela City, Metro Manila. They passed the
Physician Licensure Examination conducted in February 1993
by the Board of Medicine (Board). Petitioner Professional
Regulation Commission (PRC) then released their names as
successful examinees in the medical licensure examination.
Shortly thereafter, the Board observed that the grades of the
seventy-nine successful examinees from Fatima College in the
two most difficult subjects in the medical licensure exam,
Biochemistry (Bio-Chem) and Obstetrics and Gynecology (OBGyne), were unusually and exceptionally high. Eleven Fatima
examinees scored 100% in Bio-Chem and ten got 100% in OBGyne, another eleven got 99% in Bio-Chem, and twenty-one
scored 99% in OB-Gyne. The Board also observed that many
of those who passed from Fatima got marks of 95% or better
in both subjects, and no one got a mark lower than 90%. A
comparison of the performances of the candidates from other
schools was made. The Board observed that strangely, the
unusually high ratings were true only for Fatima College
examinees. It was a record-breaking phenomenon in the
history of the Physician Licensure Examination.
On June 7, 1993, the Board issued Resolution No. 19,
withholding the registration as physicians of all the examinees
from the Fatima College of Medicine. 4 The PRC asked the
National Bureau of Investigation (NBI) to investigate whether
any anomaly or irregularity marred the February 1993
Physician Licensure Examination.
Prior to the NBI investigation, the Board requested Fr.
Bienvenido F. Nebres, S.J., an expert mathematician and
authority in statistics, and later president of the Ateneo de
Manila University, to conduct a statistical analysis of the
results in Bio-Chem and Ob-Gyne of the said examination.
On June 10, 1993, Fr. Nebres submitted his report. He reported
that a comparison of the scores in Bio-Chem and Ob-Gyne, of
the Fatima College examinees with those of examinees from
De La Salle University and Perpetual Help College of Medicine
showed that the scores of Fatima College examinees were not
only incredibly high but unusually clustered close to each
other. He concluded that there must be some unusual reason
creating the clustering of scores in the two subjects. It must
be a cause "strong enough to eliminate the normal variations
that one should expect from the examinees [of Fatima
College] in terms of talent, effort, energy, etc." 5
29
For its part, the NBI found that "the questionable passing rate
of Fatima examinees in the [1993] Physician Examination
leads to the conclusion that the Fatima examinees gained
early access to the test questions." 6
On July 5, 1993, respondents Arlene V. De Guzman, Violeta V.
Meneses, Celerina S. Navarro, Jose Ramoncito P. Navarro,
Arnel V. Herrera, and Geraldine Elizabeth M. Pagilagan (Arlene
V. De Guzman et al., for brevity) filed a special civil action for
mandamus, with prayer for preliminary mandatory injunction
docketed as Civil Case No. 93-66530 with the Regional Trial
Court (RTC) of Manila, Branch 52. Their petition was adopted
by the other respondents as intervenors.
Meanwhile, the Board issued Resolution No. 26, dated July 21,
1993, charging respondents with "immorality, dishonest
conduct, fraud, and deceit" in connection with the Bio-Chem
and Ob-Gyne examinations. It recommended that the test
results of the Fatima examinees be nullified. The case was
docketed as Adm. Case No. 1687 by the PRC.
On July 28, 1993, the RTC issued an Order in Civil Case No. 9366530 granting the preliminary mandatory injunction sought
by the respondents. It ordered the petitioners to administer
the physician's oath to Arlene V. De Guzman et al., and enter
their names in the rolls of the PRC.
The petitioners then filed a special civil action for certiorari
with the Court of Appeals to set aside the mandatory
injunctive writ, docketed as CA-G.R. SP No. 31701.
On October 21, 1993, the appellate court decided CA-G.R. SP
No. 31701, with the dispositive portion of the Decision
ordaining as follows:
WHEREFORE, this petition is GRANTED.
Accordingly, the writ of preliminary
mandatory injunction issued by the lower
court against petitioners is hereby
nullified and set aside.
SO ORDERED. 7
Arlene V. de Guzman, et al., then elevated the foregoing
Decision to this Court in G.R. No. 112315. In our Resolution
dated May 23, 1994, we denied the petition for failure to show
reversible error on the part of the appellate court. DcCEHI
Meanwhile, on November 22, 1993, during the pendency of
the instant petition, the pre-trial conference in Civil Case No.
93-66530 was held. Then, the parties, agreed to reduce the
testimonies of their respective witnesses to sworn questionsand-answers. This was without prejudice to cross-examination
by the opposing counsel.
On December 13, 1993, petitioners' counsel failed to appear
at the trial in the mistaken belief that the trial was set for
December 15. The trial court then ruled that petitioners
waived their right to cross-examine the witnesses.
On January 27, 1994, counsel for petitioners filed a
Manifestation and Motion stating the reasons for her nonappearance and praying that the cross-examination of the
witnesses for the opposing parties be reset. The trial court
denied the motion for lack of notice to adverse counsel. It also
denied the Motion for Reconsideration that followed on the
ground that adverse counsel was notified less than three (3)
days prior to the hearing.
Meanwhile, to prevent the PRC and the Board from proceeding
with Adm. Case No. 1687, the respondents herein moved for
the issuance of a restraining order, which the lower court
granted in its Order dated April 4, 1994.
The petitioners then filed with this Court a petition for
certiorari docketed as G.R. No. 115704, to annul the Orders of
the trial court dated November 13, 1993, February 28, 1994,
and April 4, 1994. We referred the petition to the Court of
Appeals where it was docketed as CA-G.R. SP No. 34506.
On August 31, 1994, the appellate court decided CA-G.R. SP
No. 34506 as follows:
30
To our mind, the only issue is: Did the Court of Appeals
commit a reversible error of law in sustaining the judgment of
the trial court that respondents are entitled to a writ of
mandamus?
The petitioners submit that a writ of mandamus will not lie in
this case. They point out that for a writ of mandamus to issue,
the applicant must have a well-defined, clear and certain legal
right to the thing demanded and it is the duty of the
respondent to perform the act required. Thus, mandamus may
be availed of only when the duty sought to be performed is a
ministerial and not a discretionary one. The petitioners argue
that the appellate court's decision in CA-G.R. SP No. 37283
upholding the decision of the trial court in Civil Case No. 9366530 overlooked its own pronouncement in CA-G.R. SP No.
31701. The Court of Appeals held in CA-G.R. SP No. 31701
that the issuance of a license to engage in the practice of
medicine becomes discretionary on the PRC if there exists
some doubt that the successful examinee has not fully met
the requirements of the law. The petitioners stress that this
Court's Resolution dated May 24, 1994 in G.R. No. 112315
held that there was no showing "that the Court of Appeals had
committed any reversible error in rendering the questioned
judgment" in CA-G.R. SP No. 31701. The petitioners point out
that our Resolution in G.R. No. 112315 has long become final
and executory.
Respondents counter that having passed the 1993 licensure
examinations for physicians, the petitioners have the
obligation to administer to them the oath as physicians and to
issue their certificates of registration as physicians pursuant
to Section 20 16 of Rep. Act No. 2382. The Court of Appeals in
CA-G.R. SP No. 37283, found that respondents complied with
all the requirements of Rep. Act No. 2382. Furthermore,
respondents were admitted by the Medical Board to the
licensure examinations and had passed the same. Hence,
pursuant to Section 20 of Rep. Act No. 2382, the petitioners
had the obligation to administer their oaths as physicians and
register them.
Mandamus is a command issuing from a court of competent
jurisdiction, in the name of the state or the sovereign, directed
to some inferior court, tribunal, or board, or to some
corporation or person requiring the performance of a
particular duty therein specified, which duty results from the
official station of the party to whom the writ is directed, or
from operation of law. 17 Section 3 of Rule 65 18 of the 1997
Rules of Civil Procedure outlines two situations when a writ of
mandamus may issue, when any tribunal, corporation, board,
officer or person unlawfully (1) neglects the performance of an
act which the law specifically enjoins as a duty resulting from
an office, trust, or station; or (2) excludes another from the
use and enjoyment of a right or office to which the other is
entitled.
We shall discuss the issues successively.
1.On The Existence of a Duty of the Board of Medicine To
Issue Certificates of Registration as Physicians under Rep. Act
No. 2382.
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SYLLABUS
1.POLITICAL LAW; INHERENT POWERS OF THE STATE; POLICE
POWER; NATURE AND SCOPE. The latin maxim salus populi
est suprema lex embodies the character of the entire
spectrum of public laws aimed at promoting the general
welfare of the people under the State's police power. As an
inherent attribute of sovereignty which virtually "extends to all
public needs," this "least limitable" of governmental powers
grants a wide panoply of instruments through which the state,
as parens patriae gives effect to a host of its regulatory
powers. Describing the nature and scope of the police power,
Justice Malcolm, in the early case of Rubi v. Provincial Board of
Mindoro (89 Phil. 660, 708, [1919]) wrote: "The police power
of the State," one court has said . . . 'is a power coexistensive
with self-protection, and is not inaptly termed 'the law of
overruling necessity.' It may be said to be that inherent and
plenary power in the state which enables it to prohibit all
things hurtful to the comfort, safety and welfare of society."
Carried onward by the current of legislature. the judiciary
rarely attempts to dam the onrushing power of legislative
discretion, provided the purposes of the law do not go beyond
the great principles that mean security for the public welfare
or do not arbitrarily interfere with the right of the individual."
2.ID.; ID.; ID.; EXERCISE THEREOF ENJOYS A PRESUMED
VALIDITY UNLESS IT IS SHOWN THAT IT DOES NOT ENHANCE
THE PUBLIC WELFARE OR WAS EXERCISED ARBITRARILY OR
UNREASONABLY. Thus, police power concerns government
enactments which precisely interfere with personal liberty or
property in order to promote the general welfare or the
common good. As the assailed Department Order enjoys a
presumed validity, it follows that the burden rests upon
petitioners to demonstrate that the said order, particularly its
ARB requirement, does not enhance the public welfare or was
exercised arbitrarily or unreasonably.
3.ID.; ID.; ID.; THE PROPER REGULATION OF A PROFESSION,
CALLING, BUSINESS OR TRADE IS A VALID EXERCISE THEREOF.
Nevertheless, no right is absolute, and the proper
regulation of a profession, calling business or trade has always
been upheld as a legitimate subject of a valid exercise of the
police power by the state particularly when their conduct
affects either the execution of legitimate governmental
functions, the preservation of the State, the public health and
welfare and public morals. According to the maxim, sic utere
tuo ut alienum non laedas, it must of course be within the
legitimate range of legislative action to define the mode and
manner in which every one may so use his own property so as
not to pose injury to himself or others.
4.ID.; ID.; ID.; WHERE THE LIBERTY CURTAILED AFFECTS AT
MOST THE RIGHT TO PROPERTY, THE PERMISSIBLE SCOPE OF
REGULATORY MEASURES IS MUCH WIDER. In any case,
where the liberty curtailed affects at most the rights of
property, the permissible scope of regulatory measures is
certainly much wider. To pretend that licensing or
accreditation requirements violates the due process clause is
to ignore the settled practice, under the mantle of the police
power, of regulating entry to the practice of various trades or
professions. Professionals leaving for abroad are required to
pass rigid written and practical exams before they are
deemed fit to practice their trade. Seamen are required to
take tests determining their seamanship. Locally, the
Professional Regulation Commission has began to require
previously licensed doctors and other professionals to furnish
documentary proof that they had either re-trained or had
undertaken continuing education courses as a requirement for
renewal of their licenses. It is not claimed that these
requirements pose an unwarranted deprivation of a property
right under the due process clause. So long as professionals
and other workers meet reasonable regulatory standards no
such deprivation exists.
5.CONSTITUTIONAL LAW; STATE POLICIES; THE STATE SHALL
AFFORD FULL PROTECTION TO LABOR; ELUCIDATED.
Protection to labor does not indicate promotion of
employment alone. Under the welfare and social justice
provisions of the Constitution, the promotion of full
employment, while desirable, cannot take a backseat to the
government's constitutional duty to provide mechanisms for
the protection of our work-force, local or overseas. As this
Court explained in Philippine Association of Service Exporters
(PASEI) v. Drilon, in reference to the recurring problems faced
by our overseas workers: what concerns the Constitution more
paramountly is that such an employment be above all, decent,
just, and humane. It is bad enough that the country has to
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SO ORDERED.
Padilla, Bellosillo, Vitug and Hermosisima, Jr., JJ ., concur.
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