People vs Vera

FACTS:

The criminal case, People v. Cu Unjieng was filed in the Court of First
Instance (CFI) in Manila, with HSBC intervening in the case as private prosecutor. The
CFI rendered a judgment of conviction sentencing Cu Unjieng to an indeterminate
penalty ranging from four years and two months of prision correccional to eight years of
prison mayor. Upon appeal, it was modified from five years and six months of prison
correccional to seven years, six months and twenty-seven days of prison mayor. Final
judgment was entered on Dec. 18, 1935. Cu Unjieng filed an application for probation
before the trial court, under the provisions of Act 4221 of the defunct Philippine
Legislature. He states he is innocent of the crime; he has no criminal record; and that he
would observe good conduct in the future.

Contention of the state:

The City Prosecutor countered alleging that Vera has no power to place Cu
Unjieng under probation because it is in violation of Sec. 11 Act No. 4221 which
provides that the act of Legislature granting provincial boards the power to provide a
system of probation to convicted person. Nowhere in the law is stated that the law is
applicable to a city like Manila because it is only indicated therein that only provinces
are covered. And even if Manila is covered by the law it is unconstitutional because Sec
1 Art 3 of the Constitution provides equal protection of laws. The said law provides
absolute discretion to provincial boards and this also constitutes undue delegation of
power. Further, the said probation law may be an encroachment of the power of the
executive to provide pardon because providing probation, in effect, is granting
freedom, as in pardon.

Contention of respondents:

The respondents maintain that Act No. 4221 is constitutional because, contrary to
the allegations of the petitioners, it does not constitute an undue delegation of
legislative power, does not infringe the equal protection clause of the Constitution, and
does not encroach upon the pardoning power of the Executive. In an additional
memorandum filed on the same date, counsel for the respondents reiterate the view
that section 11 of Act No. 4221 is free from constitutional objections and contend, in
addition, that the private prosecution may not intervene in probation proceedings,
much less question the validity of Act No. 4221; that both the City Fiscal and the
Solicitor-General are estopped from questioning the validity of the Act; that the validity
of Act cannot be attacked for the first time before this court; that probation in
unavailable; and that, in any event, section 11 of the Act No. 4221 is separable from the
rest of the Act.

Hence this petition in the Supreme Court.

ISSUE:

1. Whether or not the constitutionality of Act 4221 has been properly raised in these
proceedings;

2. Whether It encroaches upon the pardoning power of the executive;

3. Whether It constitutes an undue delegation of legislative power;

4. Whether It denies the equal protection of the laws.

RULING:

1. Yes. Constitutional questions will not be determined by the courts unless

properly raised and presented in appropriate cases and is necessary to a
determination of the case. The general rule states that constitutionality should be
raised in the earliest possible opportunity. The well-settled rule is that the
person impugning validity must have personal and substantial interest in the
case.

Requisite for Judicial Review:

there must be an actual case or controversy calling for the exercise of
judicial power; (kung walang issue, anong gagawin, wala. Saka kung may
issue man, dapat ka review review, hindi yung walang merit yung petition
mo. Sayang oras ng court, dami ng cases. Baka ma fine ka pa.)
 the person challenging the act must have the standing to question
the validity of the subject act or issuance; otherwise stated, he must
have a personal and substantial interest in the case such that he has
sustained, or will sustain, direct injury as a result of its enforcement;
(sabe nga you must be a real party in interest. Pwede ka bang mag file ng kaso
para sa kapitbahay niyo na di binayaran ng utang? Hindi. Dapat siya mismo
kasi di siya binayaran. Same ditto, dahil law ito, all covered like us humans
can question it. Di pwede alien.)

the question of constitutionality must be raised at the earliest

opportunity; and (Wag mo questionin ang batas after 40years.)

Resolution of the issue of constitutionality is unavoidable (sobrang

importante, na kapag hindi na desisyonan, marami ang mapipinsala.)

2. No. There exists a distinction between pardon and probation. Pardoning power
is solely within the power of the Executive. Probation has an effect of temporary
suspension, and the probationer is still not exempt from the entire punishment
which the law inflicts upon him as he remains to be in legal custody for the time
being.
(May duration ang probation, saka may mga condition na ibibigay sayo, for example,
wag ka gagawa ng crime during that period, pag viniolate mo yun, you will be
arrested again.)

3. Yes. The Probation Act does not lay down any definite standards by which the
administrative boards may be guided in the exercise of discretionary powers,
hence they have the power to determine for themselves, whether or not to apply
the law or not. This therefore becomes a surrender of legislative power to the
provincial boards. It is unconstitutional.
(walang limit na linagay ang law para sa mga mag eexecute nito kaya
unconstitutional. Dahil dun naging lawmaker na din ang mga executive dept na
suppose mag eenforce nito.)
4. Yes. Due to the unwarranted delegation of legislative power, some provinces
may choose to adopt the law or not, thus denying the equal protection of laws. It
is unconstitutional.
(parang example na to nung number 3. Pag ang sabi ng Davao, ayaw naming i-
enforce yan, o kung ieenforce man namin yan, ganito ang paraan naming.
So pag ganyan ang setup, mali na. Dapat may limit of powers. A law is
complete when, it was passed by the congress, there is nothing left now to
be done by the executive department but to execute it. EXECUTE.)