John Hay People’s Alternative Coalition VS.

Lim

G.R. No. 119775

October 24, 2003

Facts: During March 13, 1992, Republic Act 7227 were enacted. The R.A. 7227 is also known as “ Bases
Conversion and Development Act of 1992” . This grants Subic SEZ incentives which provides tax and duty
free importations, exemption of business therein from local and national taxes, to other hallmarks of
liberated financial and bhsiness climate. This also gave authority to the President to create through
executive proclamation, subject to the concurrence of local government units directly affected, other
Special Economic Zones in the areas covered respectively by the Clark Military reservation, the Wallace
Air Station in San Fernando, La Union and Camp John Hay.

July 5, 1994, President Ramos issued proclamation no. 420 which established a SEZ on a portion of Camp
John Hay.

In maintaning the validity of proclamation no. 420, respondents contend that by extending the John Hay
SEZ economic incentives similar to those enjoyed by the Subic SEZ, which was established under R.A.
7227, the proclamation is merely implementing the legislative intent of said law to turb the U.S. Military
bases into hubs of business activity or investment.

Issue: Whether Proclamation no. 420 is constitutional by providing for national and local tax exemption
within and granting other economic incentives to the John Hay SEZ?

Held/Ruling: No. It is settled that when questions of constituional signifance are raised, the court can
exercise its power of judicial review only if the following requisites are present: (1) existence of actual
and appropriate case; (2) person challenging the act must have the standing to question or have
personal/substantial interest in the case; (3) question of constitutionality must be raised at earliest
opportunit; (4) issue of constitutionality must be the very lis mota of the case. There is none that have
been mentioned in R.A 7227, a grant of tax exemption to SEZ yet to be established in base areas, unlike
the grant under Section 12 which provides for tax exemption to the established Subic SEZ. The tax
exemption grant to John Hay SEZ contravenes Articles VI, Section 28 (4) of the 1987 constitution which
provides that “No law granting any tax exemption shall be passed without the concurrence of a majority
of all the members of Congress. Furthermore, it is the Legislature, unless limited by a provision has the
full power to exempt any person or corporation or class of property from taxation, its powerto exempt
being as broad as its powerto tax. Thegrant by Proclamation No. 420 of tax exemption and other
privileges to the John Hay SEZ is VOID for being violative of the Constitution.