Professional Documents
Culture Documents
2. YES, the controlling shares of the Manila Hotel It should be stressed that while the Malaysian firm offered the
Corporation form part of our patrimony as a nation. higher bid it is not yet the winning bidder. The bidding rules
expressly provide that the highest bidder shall only be
In its plain and ordinary meaning, the declared the winning bidder after it has negotiated and
term patrimony pertains to heritage. When the Constitution executed the necessary contracts, and secured the requisite
speaks of national patrimony, it refers not only to the natural approvals. Since the Filipino First Policy provision of the
resources of the Philippines, as the Constitution could have Constitution bestows preference on qualified Filipinos the
very well used the term natural resources, but also to mere tending of the highest bid is not an assurance that the
the cultural heritage of the Filipinos. highest bidder will be declared the winning
bidder. Resultantly, respondents are not bound to make the
For more than eight (8) decades Manila Hotel has bore mute award yet, nor are they under obligation to enter into one with
witness to the triumphs and failures, loves and frustrations of the highest bidder. For in choosing the awardee respondents
the Filipinos; its existence is impressed with public interest; its are mandated to abide by the dictates of the 1987 Constitution
own historicity associated with our struggle for sovereignty, the provisions of which are presumed to be known to all the
independence and nationhood. Verily, Manila Hotel has bidders and other interested parties.
become part of our national economy and patrimony. For
sure, 51% of the equity of the MHC comes within the purview Paragraph V. J. 1 of the bidding rules provides that [i]f for any
of the constitutional shelter for it comprises the majority and reason the Highest Bidder cannot be awarded the Block of
controlling stock, so that anyone who acquires or owns the Shares, GSIS may offer this to other Qualified Bidders that
51% will have actual control and management of the hotel. In have validly submitted bids provided that these Qualified
this instance, 51% of the MHC cannot be disassociated from Bidders are willing to match the highest bid in terms of price
the hotel and the land on which the hotel edifice per share. Certainly, the constitutional mandate itself is reason
stands. Consequently, we cannot sustain respondents’ claim enough not to award the block of shares immediately to the
that the Filipino First Policy provision is not applicable since foreign bidder notwithstanding its submission of a higher, or
what is being sold is only 51% of the outstanding shares of the even the highest, bid. In fact, we cannot conceive of
corporation, not the Hotel building nor the land upon which a stronger reason than the constitutional injunction itself.
the building stands.
In the instant case, where a foreign firm submits the highest
3. YES, GSIS is included in the term “State,” hence, it is bid in a public bidding concerning the grant of rights,
mandated to implement §10, paragraph 2, Article XII of the privileges and concessions covering the national economy and
Constitution. patrimony, thereby exceeding the bid of a Filipino, there is no
question that the Filipino will have to be allowed to match the
It is undisputed that the sale of 51% of the MHC could only be bid of the foreign entity. And if the Filipino matches the bid
carried out with the prior approval of the State acting through of a foreign firm the award should go to the Filipino. It must
respondent Committee on Privatization. [T]his fact alone be so if we are to give life and meaning to the Filipino First
makes the sale of the assets of respondents GSIS and MHC a Policy provision of the 1987 Constitution. For, while this may
“state action.” In constitutional jurisprudence, the acts of neither be expressly stated nor contemplated in the bidding
persons distinct from the government are considered “state rules, the constitutional fiat is omnipresent to be simply
action” covered by the Constitution (1) when the activity it disregarded. To ignore it would be to sanction a perilous
engages in is a “public function;” (2) when the government is skirting of the basic law.
so significantly involved with the private actor as to make the
government responsible for his action; and, (3) when the Chavez vs. Judicial and Bar Council
government has approved or authorized the action. It is G.R. No. 202242, July 17, 2012
evident that the act of respondent GSIS in selling 51% of its J. Mendoza
share in respondent MHC comes under the second and third
categories of “state action.” Without doubt therefore the Facts
transaction, although entered into by respondent GSIS, is in In 1994, instead of having only 7 members, an eighth member
fact a transaction of the State and therefore subject to the was added to the JBC as two representatives from Congress
constitutional command. began sitting in the JBC – one from the House of
Representatives and one from the Senate, with each having
When the Constitution addresses the State it refers not only to one-half (1/2) of a vote. Then, the JBC En Banc, in separate
the people but also to the government as elements of the meetings held in 2000 and 2001, decided to allow the
State. After all, government is composed of three (3) divisions representatives from the Senate and the House of
of power - legislative, executive and judicial. Accordingly, a Representatives one full vote each. Senator Francis Joseph G.
constitutional mandate directed to the State is Escudero and Congressman Niel C. Tupas, Jr. (respondents)
correspondingly directed to the three (3) branches of simultaneously sit in the JBC as representatives of the
government. It is undeniable that in this case the subject legislature. It is this practice that petitioner has questioned in
constitutional injunction is addressed among others to the this petition. Respondents argued that the crux of the
controversy is the phrase “a representative of Congress.” It is
their theory that the two houses, the Senate and the House of Section 8. (1) A Judicial and Bar Council is hereby created
Representatives, are permanent and mandatory components under the supervision of the Supreme Court composed of the
of “Congress,” such that the absence of either divests the term Chief Justice as ex officio Chairman, the Secretary of Justice,
of its substantive meaning as expressed under the and a representative of the Congress as ex officio Members, a
Constitution. Bicameralism, as the system of choice by the representative of the Integrated Bar, a professor of law, a
Framers, requires that both houses exercise their respective retired Member of the Supreme Court, and a representative of
powers in the performance of its mandated duty which is to the private sector.
legislate. Thus, when Section 8(1), Article VIII of the
Constitution speaks of “a representative from Congress,” it From a simple reading of the above-quoted provision, it can
should mean one representative each from both Houses which readily be discerned that the provision is clear and
comprise the entire Congress. unambiguous. The first paragraph calls for the creation of a
JBC and places the same under the supervision of the Court.
Issue Then it goes to its composition where the regular members are
enumerated: a representative of the Integrated Bar, a professor
1. Are the conditions sine qua non for the exercise of the of law, a retired member of the Court and a representative
power of judicial review have been met in this case? from the private sector. On the second part lies the crux of the
present controversy. It enumerates the ex officio or special
2. Is the JBC’s practice of having members from the Senate and members of the JBC composed of the Chief Justice, who shall
the House of Representatives making 8 instead of 7 sitting be its Chairman, the Secretary of Justice and “a representative
members unconstitutional? of Congress.”
3. What is the effect of the Court's finding that the current The use of the singular letter “a” preceding “representative of
composition of the JBC is unconstitutional? Congress” is unequivocal and leaves no room for any other
construction. It is indicative of what the members of the
Constitutional Commission had in mind, that is, Congress
Held may designate only one (1) representative to the JBC. Had it
been the intention that more than one (1) representative from
1. Yes. The Courts’ power of judicial review is subject to the legislature would sit in the JBC, the Framers could have, in
several limitations, namely: (a) there must be an actual case or no uncertain terms, so provided.
controversy calling for the exercise of judicial power; (b) the
One of the primary and basic rules in statutory construction is
person challenging the act must have “standing” to challenge;
that where the words of a statute are clear, plain, and free from
he must have a personal and substantial interest in the case,
ambiguity, it must be given its literal meaning and applied
such that he has sustained or will sustain, direct injury as a
without attempted interpretation. It is a well-settled principle
result of its enforcement; (c) the question of constitutionality
of constitutional construction that the language employed in
must be raised at the earliest possible opportunity; and (d) the
the Constitution must be given their ordinary meaning except
issue of constitutionality must be the very lis mota of the case.
where technical terms are employed. As much as possible, the
Generally, a party will be allowed to litigate only when these
words of the Constitution should be understood in the sense
conditions sine qua non are present, especially when the
they have in common use. What it says according to the text
constitutionality of an act by a co-equal branch of government
of the provision to be construed compels acceptance and
is put in issue.
negates the power of the courts to alter it, based on the
The Court disagrees with the respondents’ contention that postulate that the framers and the people mean what they say.
petitioner lost his standing to sue because he is not an official Verba legis non est recedendum – from the words of a statute
nominee for the post of Chief Justice. While it is true that a there should be no departure.
“personal stake” on the case is imperative to have locus standi,
Applying the foregoing principle to this case, it becomes
this is not to say that only official nominees for the post of
apparent that the word “Congress” used in Article VIII,
Chief Justice can come to the Court and question the JBC
Section 8(1) of the Constitution is used in its generic sense. No
composition for being unconstitutional. The JBC likewise
particular allusion whatsoever is made on whether the Senate
screens and nominates other members of the Judiciary. Albeit
or the House of Representatives is being referred to, but that,
heavily publicized in this regard, the JBC’s duty is not at all
in either case, only a singular representative may be allowed
limited to the nominations for the highest magistrate in the
to sit in the JBC.
land. A vast number of aspirants to judicial posts all over the
country may be affected by the Court’s ruling. More It is worthy to note that the seven-member composition of the
importantly, the legality of the very process of nominations to JBC serves a practical purpose, that is, to provide a solution
the positions in the Judiciary is the nucleus of the controversy. should there be a stalemate in voting. This underlying reason
The claim that the composition of the JBC is illegal and leads the Court to conclude that a single vote may not be
unconstitutional is an object of concern, not just for a nominee divided into half (1/2), between two representatives of
to a judicial post, but for all citizens who have the right to seek Congress, or among any of the sitting members of the JBC for
judicial intervention for rectification of legal blunders. that matter. This unsanctioned practice can possibly cause
disorder and eventually muddle the JBC’s voting process,
especially in the event a tie is reached. The aforesaid purpose
2. Section 8, Article VIII of the 1987 Constitution provides: would then be rendered illusory, defeating the precise
mechanism which the Constitution itself createdWhile it
would be unreasonable to expect that the Framers provide for
every possible scenario, it is sensible to presume that they In April 1947 the Collector of Internal Revenue required Mr.
knew that an odd composition is the best means to break a Justice Gregorio Perfecto to pay income tax upon his salary as
voting deadlock. member of the Court during the year 1946. After paying the
amount, he instituted an action in Manila Court of First
The respondents insist that owing to the bicameral nature of Instance contending that the assessment was illegal, his salary
Congress, the word “Congress” in Section 8(1), Article VIII of not being taxable for the reason that imposition of taxes
the Constitution should be read as including both the Senate thereon would reduce it in violation of the Constitution. It
and the House of Representatives. They theorize that it was so provides in its Article VIII, Section 9 that the members of the
worded because at the time the said provision was being Supreme Court and all judges of inferior courts “shall receive
drafted, the Framers initially intended a unicameral form of such compensation as may be fixed by law, which shall not be
Congress. Then, when the Constitutional Commission diminished during their continuance in office.
eventually adopted a bicameral form of Congress, the
Framers, through oversight, failed to amend Article VIII, Issue
Section 8 of the Constitution.
Whether or not the imposition of an income tax upon this
It is evident that the definition of “Congress” as a bicameral salary in 1946 amount to a diminution.
body refers to its primary function in government – to
legislate. In the passage of laws, the Constitution is explicit in Held
the distinction of the role of each house in the process. The
same holds true in Congress’ non-legislative powers. An inter- Yes, the imposition of the income tax upon the salary of Justice
play between the two houses is necessary in the realization of Perfecto amount to a diminution thereof. The prohibition is
these powers causing a vivid dichotomy that the Court cannot general, contains no excepting words, and appears to be
simply discount. This, however, cannot be said in the case of directed against all diminution, whether for one purpose or
JBC representation because no liaison between the two houses another. The fathers of the Constitution intended to prohibit
exists in the workings of the JBC. Hence, the term “Congress” diminution by taxation as well as otherwise, that they
must be taken to mean the entire legislative department. regarded the independence of the judges as of far greater
importance than any revenue that could come from taxing
their salaries. Thus, taxing the salary of a judge as a part of his
income is a violation of the Constitution.
3. As a general rule, an unconstitutional act is not a law; it
confers no rights; it imposes no duties; it affords no protection; Endencia v David
it creates no office; it is inoperative as if it has not been passed 93 Phil 696, August 31, 1953
at all. This rule, however, is not absolute. Under the doctrine J. Montemayor
of operative facts, actions previous to the declaration of
unconstitutionality are legally recognized. They are not
nullified. This is essential in the interest of fair play. Facts
The doctrine of operative fact, as an exception to the general Saturnino David, the then Collector of Internal Revenue,
rule, only applies as a matter of equity and fair play. It nullifies ordered the taxing of Justice Pastor Endencia’s and Justice
the effects of an unconstitutional law by recognizing that the Fernando Jugo’s (and other judges’) salary pursuant to Sec. 13
existence of a statute prior to a determination of of Republic Act No. 590 which provides that
unconstitutionality is an operative fact and may have
consequences which cannot always be ignored. The past No salary wherever received by any public officer of the
cannot always be erased by a new judicial declaration. The Republic of the Philippines shall be considered as exempt
doctrine is applicable when a declaration of from the income tax, payment of which is hereby declared not
unconstitutionality will impose an undue burden on those to be a diminution of his compensation fixed by the
who have relied on the invalid law. Thus, it was applied to a Constitution or by law.
criminal case when a declaration of unconstitutionality would
put the accused in double jeopardy or would put in limbo the The judges however argued that under the case of Perfecto vs
Meer, judges are exempt from taxation – this is also in
acts done by a municipality in reliance upon a law creating it.3
observance of the doctrine of separation of powers, i.e., the
Under the circumstances, the Court finds the exception executive, to which the Internal Revenue reports, is separate
applicable in this case and holds that notwithstanding its from the judiciary; that under the Constitution, the judiciary is
finding of unconstitutionality in the current composition of independent and the salaries of judges may not be diminished
the JBC, all its prior official actions are nonetheless valid. by the other branches of government; that taxing their salaries
is already a diminution of their benefits/salaries (see Section
9, Art. VIII, Constitution).
PERFECTO VS. MEER
G.R. No. L-2348 February 27, 1950 The Solicitor General, arguing in behalf of the CIR, states that
J. Bengzon the decision in Perfecto vs Meer was rendered ineffective
when Congress enacted Republic Act No. 590.
Facts Issue
Issue
WON the revolutionary government was bound by the Bill of her control of the state evidenced by the appointment of the
Rights of the 1973 Constitution during the interregnum, that Cabinet and other key officers of the administration, the
is, after the actual and effective take-over of power by the departure of the Marcos Cabinet officials, revamp of the
revolutionary government following the cessation of Judiciary and the Military signaled the point where the legal
resistance by loyalist forces up to 24 March 1986 (immediately system then in effect, had ceased to be obeyed by the
before the adoption of the Provisional Constitution); and (2) Filipino. (Emphasis supplied)
whether the protection accorded to individuals under the
International Covenant on Civil and Political Rights To hold that the Bill of Rights under the 1973 Constitution
(Covenant) and the Universal Declaration of Human Rights remained operative during the interregnum would render
(Declaration) remained in effect during the interregnum. void all sequestration orders issued by the Philippine
Commission on Good Government (PCGG) before the
Held
adoption of the Freedom Constitution. The sequestration
No, the Bill of Rights under the 1973 Constitution was not orders, which direct the freezing and even the take-over of
operative during the interregnum. However, we rule that the private property by mere executive issuance without judicial
protection accorded to individuals under the Covenant and action, would violate the due process and search and seizure
the Declaration remained in effect during the interregnum. clauses of the Bill of Rights.
During the interregnum, the directives and orders of the During the interregnum, the government in power was
revolutionary government were the supreme law because no concededly a revolutionary government bound by no
constitution limited the extent and scope of such directives constitution. No one could validly question the sequestration
and orders. With the abrogation of the 1973 Constitution by orders as violative of the Bill of Rights because there was no
the successful revolution, there was no municipal law higher Bill of Rights during the interregnum. However, upon the
than the directives and orders of the revolutionary adoption of the Freedom Constitution, the sequestered
government. Thus, during the interregnum, a person could companies assailed the sequestration orders as contrary to the
not invoke any exclusionary right under a Bill of Rights Bill of Rights of the Freedom Constitution.
because there was neither a constitution nor a Bill of Rights In Bataan Shipyard & Engineering Co. Inc. vs. Presidential
during the interregnum. As the Court explained in Letter of Commission on Good Government,[43] petitioner Baseco, while
Associate Justice Reynato S. Puno:[42] conceding there was no Bill of Rights during the interregnum,
questioned the continued validity of the sequestration orders
A revolution has been defined as the complete overthrow of upon adoption of the Freedom Constitution in view of the due
the established government in any country or state by those process clause in its Bill of Rights. The Court ruled that the
who were previously subject to it or as a sudden, radical and Freedom Constitution, and later the 1987
fundamental change in the government or political system, Constitution, expressly recognized the validity of
usually effected with violence or at least some acts of sequestration orders, thus:
violence. In Kelsen's book, General Theory of Law and State,
it is defined as that which occurs whenever the legal order of If any doubt should still persist in the face of the foregoing
a community is nullified and replaced by a new order . . . a considerations as to the validity and propriety of
way not prescribed by the first order itself. sequestration, freeze and takeover orders, it should be
dispelled by the fact that these particular remedies and the
It was through the February 1986 revolution, a relatively authority of the PCGG to issue them have received
peaceful one, and more popularly known as the people power constitutional approbation and sanction. As already
revolution that the Filipino people tore themselves away from mentioned, the Provisional or Freedom Constitution
an existing regime. This revolution also saw the recognizes the power and duty of the President to enact
unprecedented rise to power of the Aquino government. measures to achieve the mandate of the people to . . . (r)ecover
ill-gotten properties amassed by the leaders and supporters of
From the natural law point of view, the right of revolution has the previous regime and protect the interest of the people
been defined as an inherent right of a people to cast out their through orders of sequestration or freezing of assets or
rulers, change their policy or effect radical reforms in their accounts. And as also already adverted to, Section 26, Article
system of government or institutions by force or a general XVIII of the 1987 Constitution treats of, and ratifies the
uprising when the legal and constitutional methods of making authority to issue sequestration or freeze orders under
such change have proved inadequate or are so obstructed as Proclamation No. 3 dated March 25, 1986.
to be unavailable. It has been said that the locus of positive
law-making power lies with the people of the state and from The framers of both the Freedom Constitution and the 1987
there is derived the right of the people to abolish, to reform Constitution were fully aware that the sequestration orders
and to alter any existing form of government without regard would clash with the Bill of Rights. Thus, the framers of both
to the existing constitution. constitutions had to include specific language recognizing the
validity of the sequestration orders. The following discourse
It is widely known that Mrs. Aquinos rise to the presidency by Commissioner Joaquin G. Bernas during the deliberations
was not due to constitutional processes; in fact, it was of the Constitutional Commission is instructive:
achieved in violation of the provisions of the 1973
Constitution as a Batasang Pambansa resolution had earlier FR. BERNAS: Madam President, there is something
declared Mr. Marcos as the winner in the 1986 presidential schizophrenic about the arguments in defense of the present
election. Thus it can be said that the organization of Mrs. amendment.
Aquinos Government which was met by little resistance and
For instance, I have carefully studied Minister award you the search and seizure clause. You can
Salongas lecture in the Gregorio Araneta University keep it in your private safe.
Foundation, of which all of us have been given a Alternatively, the argument looks on the present
copy. On the one hand, he argues that everything the government as hostage to the hoarders of hidden
Commission is doing is traditionally legal. This is wealth. The hoarders will release the hidden health
repeated by Commissioner Romulo also. Minister if the ransom price is paid and the ransom price is
Salonga spends a major portion of his lecture the Bill of Rights, specifically the due process in the
developing that argument. On the other hand, search and seizure clauses. So, there is something
almost as an afterthought, he says that in the end positively revolving about either argument. The Bill
what matters are the results and not the legal of Rights is not for sale to the highest bidder nor can
niceties, thus suggesting that the PCGG should be it be used to ransom captive dollars. This nation will
allowed to make some legal shortcuts, another word survive and grow strong, only if it would become
for niceties or exceptions. convinced of the values enshrined in the
Now, if everything the PCGG is doing is legal, why Constitution of a price that is beyond monetary
is it asking the CONCOM for special protection? The estimation.
answer is clear. What they are doing will not stand For these reasons, the honorable course for the
the test of ordinary due process, hence they are Constitutional Commission is to delete all of Section
asking for protection, for exceptions. Grandes 8 of the committee report and allow the new
malos, grandes remedios, fine, as the saying stands, Constitution to take effect in full vigor. If Section 8 is
but let us not say grandes malos, grande y malos deleted, the PCGG has two options. First, it can
remedios. That is not an allowable extrapolation. pursue the Salonga and the Romulo argument that
Hence, we should not give the exceptions asked for, what the PCGG has been doing has been completely
and let me elaborate and give three reasons: within the pale of the law. If sustained, the PCGG
First, the whole point of the February Revolution can go on and should be able to go on, even without
and of the work of the CONCOM is to hasten the support of Section 8. If not sustained, however,
constitutional normalization. Very much at the heart the PCGG has only one honorable option, it must
of the constitutional normalization is the full bow to the majesty of the Bill of Rights.
effectivity of the Bill of Rights. We cannot, in one The PCGG extrapolation of the law is defended by
breath, ask for constitutional normalization and at staunch Christians. Let me conclude with what
the same time ask for a temporary halt to the full another Christian replied when asked to toy around
functioning of what is at the heart of with the law. From his prison cell, Thomas More
constitutionalism. That would be hypocritical; that said, "I'll give the devil benefit of law for my nations
would be a repetition of Marcosian protestation of safety sake. I ask the Commission to give the devil
due process and rule of law. The New Society word benefit of law for our nations sake. And we should
for that is backsliding. It is tragic when we begin to delete Section 8.
backslide even before we get there. Thank you, Madam President. (Emphasis supplied)
Second, this is really a corollary of the first. Habits
tend to become ingrained. The committee report Despite the impassioned plea by Commissioner Bernas
asks for extraordinary exceptions from the Bill of against the amendment
Rights for six months after the convening of excepting sequestration orders from the Bill of Rights, the
Congress, and Congress may even extend this Constitutional Commission still adopted the amendment as
longer. Section 26,[44] Article XVIII of the 1987 Constitution. The
Good deeds repeated ripen into virtue; bad deeds framers of the Constitution were fully aware that absent
repeated become vice. What the committee report is Section 26, sequestration orders would not stand the test of
asking for is that we should allow the new due process under the Bill of Rights.
government to acquire the vice of disregarding the
Bill of Rights. Thus, to rule that the Bill of Rights of the 1973 Constitution
Vices, once they become ingrained, become difficult remained in force during the interregnum, absent a
to shed. The practitioners of the vice begin to think constitutional provision excepting sequestration orders from
that they have a vested right to its practice, and they such Bill of Rights, would clearly render all sequestration
will fight tooth and nail to keep the franchise. That orders void during the interregnum. Nevertheless, even
would be an unhealthy way of consolidating the during the interregnum the Filipino people continued to
gains of a democratic revolution. enjoy, under the Covenant and the Declaration, almost the
Third, the argument that what matters are the same rights found in the Bill of Rights of the 1973 Constitution.
results and not the legal niceties is an argument that The revolutionary government, after installing itself as the de
is very disturbing. When it comes from a staunch jure government, assumed responsibility for the States good
Christian like Commissioner Salonga, a Minister, faith compliance with the Covenant to which the Philippines
and repeated verbatim by another staunch Christian is a signatory.Article 2(1) of the Covenant requires each
like Commissioner Tingson, it becomes doubly signatory State to respect and to ensure to all individuals
disturbing and even discombobulating. The within its territory and subject to its jurisdiction the
argument makes the PCGG an auctioneer, placing rights[45] recognized in the present Covenant.Under Article
the Bill of Rights on the auction block. If the price is 17(1) of the Covenant, the revolutionary government had the
right, the search and seizure clause will be sold. duty to insure that [n]o one shall be subjected to arbitrary or
Open your Swiss bank account to us and we will
unlawful interference with his privacy, family, home or A. The communications equipment, money in
correspondence. Philippine currency and US dollars,
some jewelries, land titles, sir.
The Declaration, to which the Philippines is also a signatory,
provides in its Article 17(2) that [n]o one shall be arbitrarily Q. Now, the search warrant speaks only of
deprived of his property. Although the signatories to the weapons to be seized from the house of
Declaration did not intend it as a legally binding document, Elizabeth Dimaano. Do you know the
being only a declaration, the Court has interpreted the reason why your team also seized other
Declaration as part of the generally accepted principles of properties not mentioned in said search
international law and binding on the State.[46]Thus, the warrant?
revolutionary government was also obligated under A. During the conversation right after the
international law to observe the rights[47] of individuals under conduct of said raid, I was informed that
the Declaration. the reason why they also brought the
other items not included in the search
The revolutionary government did not repudiate the
warrant was because the money and
Covenant or the Declaration during the interregnum. Whether
other jewelries were contained in attach
the revolutionary government could have repudiated all its
cases and cartons with markings Sony
obligations under the Covenant or the Declaration is another
Trinitron, and I think three (3) vaults or
matter and is not the issue here. Suffice it to say that the Court
steel safes. Believing that the attach cases
considers the Declaration as part of customary international
and the steel safes were containing
law, and that Filipinos as human beings are proper subjects of
firearms, they forced open these
the rules of international law laid down in the Covenant. The
containers only to find out that they
fact is the revolutionary government did not repudiate the
contained money.
Covenant or the Declaration in the same way it repudiated the
1973 Constitution. As the de jure government, the Q. You said you found money instead of
revolutionary government could not escape responsibility for weapons, do you know the reason why
the States good faith compliance with its treaty obligations your team seized this money instead of
under international law. weapons?
A. I think the overall team leader and the other
It was only upon the adoption of the Provisional Constitution
two officers assisting him decided to
on 25 March 1986 that the directives and orders of the
bring along also the money because at
revolutionary government became subject to a higher
that time it was already dark and they
municipal law that, if contravened, rendered such directives
felt most secured if they will bring that
and orders void. The Provisional Constitution adopted
because they might be suspected also of
verbatim the Bill of Rights of the 1973 Constitution.[48] The
taking money out of those items, your
Provisional Constitution served as a self-limitation by the
Honor.[49]
revolutionary government to avoid abuses of the absolute
powers entrusted to it by the people.
Cross-examination
During the interregnum when no constitution or Bill of Rights Atty. Banaag
existed, directives and orders issued by government officers
were valid so long as these officers did not exceed the Q. Were you present when the search warrant
authority granted them by the revolutionary government. The in connection with this case was applied
directives and orders should not have also violated the before the Municipal Trial Court of
Covenant or the Declaration. In this case, the revolutionary Batangas, Branch 1?
government presumptively sanctioned the warrant since the A. Yes, sir.
revolutionary government did not repudiate it. The warrant,
issued by a judge upon proper application, specified the items Q. And the search warrant applied for by you
to be searched and seized. The warrant is thus valid with was for the search and seizure of five (5)
respect to the items specifically described in the warrant. baby armalite rifles M-16 and five (5)
boxes of ammunition?
However, the Constabulary raiding team seized items not A. Yes, sir.
included in the warrant. As admitted by petitioners witnesses,
the raiding team confiscated items not included in the AJ AMORES
warrant, thus:
Q. Before you applied for a search warrant, did
Direct Examination of Capt. Rodolfo Sebastian you conduct surveillance in the house of
AJ AMORES Miss Elizabeth Dimaano?
A. The Intelligence Operatives conducted
Q. According to the search warrant, you are surveillance together with the MSU
supposed to seize only for weapons. elements, your Honor.
What else, aside from the weapons, were
seized from the house of Miss Elizabeth Q. And this party believed there were weapons
Dimaano? deposited in the house of Miss Elizabeth
Dimaano?
A. Yes, your Honor.
Q. And they so swore before the Municipal cases. These attach cases were suspected
Trial Judge? to be containing pistols or other high
A. Yes, your Honor. powered firearms, but in the course of
the search the contents turned out to be
Q. But they did not mention to you, the
money. So the team leader also decided
applicant for the search warrant, any
to take this considering that they
other properties or contraband which
believed that if they will just leave the
could be found in the residence of Miss
money behind, it might get lost also.
Elizabeth Dimaano?
A. They just gave us still unconfirmed report Q. That holds true also with respect to the
about some hidden items, for instance, other articles that were seized by your
the communications equipment and raiding team, like Transfer Certificates
money. However, I did not include that of Title of lands?
in the application for search warrant A. Yes, sir. I think they were contained in one
considering that we have not established of the vaults that were opened.[51]
concrete evidence about that. So when
It is obvious from the testimony of Captain Sebastian that the
Q. So that when you applied for search warrant did not include the monies, communications
warrant, you had reason to believe that equipment, jewelry and land titles that the raiding team
only weapons were in the house of Miss confiscated. The search warrant did not particularly describe
Elizabeth Dimaano? these items and the raiding team confiscated them on its own
A. Yes, your Honor.[50] authority. The raiding team had no legal basis to seize these
items without showing that these items could be the subject of
Q. You stated that a .45 caliber pistol was
warrantless search and seizure.[52] Clearly, the raiding team
seized along with one armalite rifle M-
exceeded its authority when it seized these items.
16 and how many ammunition?
The seizure of these items was therefore void, and unless these
A. Forty, sir.
items are contraband per se,[53] and they are not, they must be
Q. And this became the subject of your returned to the person from whom the raiding seized
complaint with the issuing Court, with them. However, we do not declare that such person is the
the fiscals office who charged Elizabeth lawful owner of these items, merely that the search and
Dimaano for Illegal Possession of seizure warrant could not be used as basis to seize and
Firearms and Ammunition? withhold these items from the possessor. We thus hold that
A. Yes, sir. these items should be returned immediately to Dimaano.
Q. Do you know what happened to that case? WHEREFORE, the petition for certiorari is DISMISSED. The
A. I think it was dismissed, sir. questioned Resolutions of the Sandiganbayan dated 18
November 1991 and 25 March 1992 in Civil Case No. 0037,
Q. In the fiscals office? remanding the records of this case to the Ombudsman for such
A. Yes, sir. appropriate action as the evidence may warrant, and referring
Q. Because the armalite rifle you seized, as well this case to the Commissioner of the Bureau of Internal
as the .45 caliber pistol had a Revenue for a determination of any tax liability of respondent
Memorandum Receipt in the name of Elizabeth Dimaano, are AFFIRMED.
Felino Melegrito, is that not correct?
A. I think that was the reason, sir.
Q. There were other articles seized which were
not included in the search warrant, like
for instance, jewelries. Why did you
seize the jewelries?
A. I think it was the decision of the overall
team leader and his assistant to bring
Aquino v. Enrile
along also the jewelries and other items,
59 SCRA 183, September 17, 1974
sir. I do not really know where it was
J. Makatintal
taken but they brought along also these
articles. I do not really know their reason
for bringing the same, but I just learned Facts
that these were taken because they might
get lost if they will just leave this behind. Enrile (then Minister of National Defense), pursuant to the
Q. How about the money seized by your order of Marcos issued and ordered the arrest of a number of
raiding team, they were not also individuals including Benigno Aquino Jr even without any
included in the search warrant? charge against them. Hence, Aquino and some others filed for
A. Yes sir, but I believe they were also taken habeas corpus against Juan Ponce Enrile. Enrile’s answer
considering that the money was contained a common and special affirmative defense that the
discovered to be contained in attach arrest is valid pursuant to Marcos’ declaration of Martial Law.
The cases are all petitions for habeas corpus, the petitioners (Citizens Assemblies) and any order, decree, and
having been arrested and detained by the military by virtue of proclamation which are similar in objective.
Proclamation 1081. The petitioners were arrested and held
pursuant to General Order No.2 of the President "for being
participants or for having given aid and comfort in the
conspiracy to seize political and state power in the country Issue
and to take over the Government by force..." General Order
1. Is the validity of Proclamation No. 1102 justiciable?
No. 2 was issued by the President in the exercise of the power
he assumed by virtue of Proclamation 1081 placing the entire 2. Was the constitution proposed by the 1971 Constitutional
country under martial law. Convention ratified validly in compliance to applicable laws?
The events that have transpired since December 3,as the Court (Sgd.) GLORIA C. PARAS
did not issue any restraining order, have turned the issue into Clerk of Court
a political question (from the purely justiciable issue of the
questioned constitutionality of the act due to the lack of the
On February 25, 1986, President Corazon Aquino issued
actual vacancy of the President’s office) which can be truly
Proclamation No. 1 announcing that she and Vice President
decided only by the people in their sovereign capacity at the
Laurel were taking power.
scheduled election, since there is no issue more political than
the election. The Court cannot stand in the way of letting the On March 25, 1986, proclamation No.3 was issued providing
people decide through their ballot, either to give the the basis of the Aquino government assumption of power by
incumbent president a new mandate or to elect a new stating that the "new government was installed through a
president. direct exercise of the power of the Filipino people assisted by
units of the New Armed Forces of the Philippines."
Issue
LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs.
AQUINO Whether or not the government of Corazon Aquino is
G.R. No. 73748 - May 22, 1986 legitimate.
There is no "Full-Text" of this case. This is a Minute Resolution
made by the SC. Held
As early as April 10, 1986, this Court* had already voted to G.R. No. 76180 October 24, 1986
dismiss the petitions for the reasons to be stated below. On IN RE: SATURNINO V. BERMUDEZ
April 17, 1986, Atty. Lozano as counsel for the petitioners in Per Curiam
G.R. Nos. 73748 and 73972 withdrew the petitions and
manifested that they would pursue the question by extra- Facts
judicial methods. The withdrawal is functus oficio. In a petition for declaratory relief with no respondents,
petitioner asked the court if the provision of the Section 5
The three petitions obviously are not impressed with merit. Article XVIII of the 1986 Constitution, to wit: “The six-year
Petitioners have no personality to sue and their petitions state term of the incumbent President and Vice-President elected in
no cause of action. For the legitimacy of the Aquino the February 7, 1986 election is, for purposes of
government is not a justiciable matter. It belongs to the realm synchronization of elections, hereby extended to noon of June
of politics where only the people of the Philippines are the 30, 1992,” refers to the then-incumbent President Corazon
judge. And the people have made the judgment; they have Aquino and Vice-President Salvador Laurel or the previously-
elected President Ferdinand E. Marcos and Vice-President - The Court en banc granted Justice Puno's request.
Arturo M. Tolentino. - A motion for reconsideration was later filed by Associate
After the election of February 7, 1986 where Marcos and Justices Campos Jr. and Javellana who are affected by the
Tolentino were declared the winners, Aquino and Laurel were ordered correction.
installed into the position last February 25, 1986 after the - They alleged that petitioner could not claim reappointment
infamous People Power Revolution. The next regular election because the courts where he had previously been appointed
for the President and Vice-President was held last May 2, 1992. ceased to exist at the date of his last appointment.
Issue
WON the present Court of Appeals is merely a continuation
Issue of the old Court of Appeals and Intermediate Appellate Court
existing before the promulgation of E.O. No. 33.
Whether the aforecited article applies to the then-incumbent
President and Vice-President, or the previously elected Held
President and Vice-President. The Court held that the Court of Appeals and Intermediate
Appellate Court existing prior to E.O. No. 33 phased out as
Held part of the legal system abolished by the 1987 Revolution. The
Court of Appeals that was established under E.O. No. 33 is
The petition was hereby dismissed outright for: considered as an entirely new court.
1. Lack of jurisdiction. Court has no jurisdiction over petition The present Court of Appeals is a new entity, different and
for declaratory relief. Rules of Court states that it is the RTC distinct from the courts existing before E.O. No. 33. It was
(Regional Trial Courts) who has the jurisdiction over petitions created in the wake of the massive reorganization launched by
for declaratory relief. Also, incumbent Presidents are immune the revolutionary government of Corazon Aquino in the
from suit or from being brought to court during the period of aftermath of the people power in 1986.
their incumbency and tenure.
Revolution is defined as "the complete overthrow of the
established government in any country or state by those who
2. Lack of cause of action on the part of petitioner. Petitioner
were previously subject to it." or "as sudden. radical and
had no personality to use, and his allegation was manifestly
fundamental change in the government or political system,
gratuitous. The legitimacy of the Aquino government was not
usually effected with violence or at least some acts of
a justiciable matter. It belongs to the realm of politics where
violence."
only the people of the Philippines are the judge, and the
people have made judgment.
De Leon v. Esguerra
153 SCRA 602, August, 31, 1987
In re: Letter of Associate Justice Reynato S. Puno
J. Melencio-Herrera
A.M. No. 90-11-2697-CA
J. Padilla
Facts
Facts
- The petitioner, Reynato S. Puno, was first appointed as On May 17, 1982, petitioner Alfredo M. De Leon was elected
Associate Justice of the Court of Appeals on 1980. Barangay Captain together with the other petitioners as
- On 1983, the Court of Appeals was reorganized and became Barangay Councilmen of Barangay Dolores, Muncipality of
the Intermediate Appellate Court pursuant to BP Blg. 129. Taytay, Province of Rizal in a Barangay election held under
- On 1984, petitioner was appointed to be Deputy Minister of Batas Pambansa Blg. 222, otherwise known as Barangay
Justice in the Ministry of Justice. Thus, he ceased to be a Election Act of 1982.
member of the Judiciary.
- After February 1986 EDSA Revolution, there was a On February 9, 1987, petitioner De Leon received a
reorganization of the entire government, including the Memorandum antedated December 1, 1986 but signed by
Judiciary. respondent OIC Governor Benjamin Esguerra on February 8,
- A Screening Committee for the reorganization of the 1987 designating respondent Florentino G. Magno as
Intermediate Appelate Court and lower courts recommended Barangay Captain of Barangay Dolores and the other
the return of petitioner as Associate Justice of the new court of respondents as members of Barangay Council of the same
Appeals and assigned him the rank of number 11 in the roster Barangay and Municipality.
of appellate court justices.
- When the appointments were signed by Pres. Aquino, Petitoners prayed to the Supreme Court that the subject
petitioner's seniority ranking changes from number 11 to 26. Memoranda of February 8, 1987 be declared null and void and
- Then, petitioner alleged that the change in seniority ranking that respondents be prohibited by taking over their positions
was due to "inadvertence" of the President, otherwise, it of Barangay Captain and Barangay Councilmen.
would run counter to the provisions of Section 2 of E.O. No.
Petitioners maintain that pursuant to Section 3 of the Barangay
33.
Election Act of 1982 (BP Blg. 222), their terms of office shall be
- Petitioner Justice Reynato S. Puno wrote a letter to the Court
six years which shall commence on June 7, 1988 and shall
seeking the correction of his seniority ranking in the Court of
continue until their successors shall have elected and shall
Appeals.
have qualified. It was also their position that with the #3: amendment of Sec 16 Art VI to authorize Senators and
ratification of the 1987 Philippine Constitution, respondent members of the House of Reps to become delegates in the
OIC Governor no longer has the authority to replace them and constitution convention without forfeiting their seats in
to designate their successors. congress.
On the other hand, respondents contend that the terms of Then RA 4913 was enacted which provided that the proposed
office of elective and appointive officials were abolished and amendments in Reso # 1 and 3 be submitted for approval by
that petitioners continued in office by virtue of Sec. 2, Art. 3 of the people at the general elections.
the Provisional Constitution and not because their term of six
years had not yet expired; and that the provision in the This case was thereafter filed praying that the COMELEC be
Barangay Election Act fixing the term of office of Barangay restrained from enforcing RA 4913 or from performing any act
officials to six years must be deemed to have been repealed for for the plebiscite to ratify the amendments; that the Director
being inconsistent with Sec. 2, Art. 3 of the Provisional of Printing be restrained from printing ballots and that the
Constitution. Auditor General be restrained from auditing disbursements
for funds made under RA 4931. Petitioners also pray that the
Issue RA be declared unconstitutional.
Whether or not the designation of respondents to replace It is argued that while the passage of the Resolutions were
petitioners was validly made during the one-year period 1
which ended on Feb 25, 1987. done in compliance with the constitutional requirements
they are still void because:
Held
1. The members of the congress that approved the resolutions
Supreme Court declared that the Memoranda issued by are de facto congressmen.
respondent OIC Gov on Feb 8, 1987 designating respondents
as Barangay Captain and Barangay Councilmen of Barangay It is argued that the constitution provides that as regards the
Dolores, Taytay, Rizal has no legal force and effect. composition of Congress, there has to be an apportionment
within 3 years after the return of every census. Since the last
The 1987 Constitution was ratified in a plebiscite on Feb 2, census was in 1960 pa, the election of the members of the
1987, therefore, the Provisional Constitution must be deemed Congress is illegal, and at best they are merely de facto
to have superseded. Having become inoperative, respondent congressmen/ it is a de facto congress. Therefore, the
OIC Gov could no longer rely on Sec 2, Art 3, thereof to resolutions they passed, as well as the RA, are null and void.
designate respondents to the elective positions occupied by
petitioners. Relevantly, Sec 8, Art 1 of the 1987 Constitution 2. Congress may only adopt of 2 alternatives – either propose
further provides in part: an amendment or call a conventions, but not both at the same
time
"Sec. 8. The term of office of elective local officials, except
barangay officials, which shall be determined by law, shall be Note that Reso 1 and 3 propose amendments to congress, to be
three years x x x." submitted for ratification by the people, whereas #2 calls for a
convention.
Until the term of office of barangay officials has been
determined by aw, therefore, the term of office of 6 years
3. The election to ratify the amendments to the constitution
provided for in the Barangay Election Act of 1982 should still
must be a special election, not a general election where
govern.
national and local officers are chosen
RAMON GONZALES V. COMELEC, DIRECTOR OF
PRINTING, AUDITOR GENERAL Issue
G.R. No. L-28196 November 9, 1967
J. Concepcion WON the congress merely de facto?
Held
Facts
No. The provision states that “until such apportionment shall
This is a consolidated petition made by Gonzales (as citizen have been made, the House of Representatives shall have the
and taxpayer) and PHILCONSA (non-profit organization that same number of Members as that fixed by law....” This means
defends the constitution). that upon the expiration of the period to make an
apportionment, Congress shall continue to function with the
In March 1967, the Senate and House of Representatives districts existing at that time. Moreover, it is not true that there
was no apportionmentwithin 3 years after the last census in
jointly passed the following resolutions:
#1: proposing the
1960. Congress passed RA 3040 purporting to make the
amendment of Sec 5 Art VI to increase the membership of the
apportionment. (it was declared unconstitutional, though).
House from a maximum of 120 to 180
Finally, even assuming that the congress is a de facto one, it
would not follow that the resolutions and RA 4913 are void.
#2: calling a convention to propose such amendment. The
There is after all, a doctrine that acts of persons holding an
convention will be composed of 2 delegates from each district
office created by a valid law, under color of title, are valid. And
and will be elected in the upcoming general elections (1967)
title of a de facto officer cannot be raised collaterally like here liftthe term limits of elective officials, through People’s
in this case. Initiative. He based this petition on Article XVII,Sec. 2 of the
1987 Constitution, which provides for the right of the people
2. Alternatives available to congress – it was argued that the to exercise the power todirectly propose amendments to the
constitution states that the Congress may either propose Constitution. Subsequently the COMELEC issued an order
amendments OR call a convention, so dapat isa lang. – NO directing the publication of the petition and of the notice of
hearing and thereafter set the case for hearing. At the hearing,
SC said the basis of this argument is weak. The 2 alternatives Senator Roco, the IBP, Demokrasya-Ipagtanggol ang
are indeed separated by the word OR, but “or” has sometimes Konstitusyon, PublicInterest Law Center, and Laban ng
been held to mean “and” or vice versa when the spirit of the Demokratikong Pilipino appeared as intervenors-
law warrants it. oppositors.Senator Roco filed a motion to dismiss the Delfin
petition on the ground that one which is cognizableby the
In connection to this, it was also raised: merong convention, COMELEC. The petitioners herein Senator Santiago,
merong proposed amendments, bakithindinalang convention Alexander Padilla, and Isabel Ongpinfiled this civil action for
nalangparataposna? SC said this is a political issue. prohibition under Rule 65 of the Rules of Court against
COMELEC and theDelfin petition rising the several
3. General v. Special Elections – EITHER! arguments, such as the following: (1) The constitutional
provision onpeople’s initiative to amend the constitution can
The 1935 consti provides: Such amendments shall be valid as only be implemented by law to be passed byCongress. No
part of this constitution when approved by a majority of the such law has been passed; (2) The people’s initiative is limited
votes cast at an election at which the amendments are to amendments to theConstitution, not to revision thereof.
submitted to the people for ratification. Lifting of the term limits constitutes a revision, therefore it
isoutside the power of people’s initiative. The Supreme Court
There is nothing in said provision that indicates that the granted the Motions for Intervention.
election should be a special one. While it is true that the 3
previous amendments to the constitution had been submitted Issues
to the people for ratification in special elections, it does not
follow that it is required. Congress only did so under the (1) Whether or not Sec. 2, Art. XVII of the 1987 Constitution is
circumstances then. It does not negate its authority to submit a self-executing provision.(2) Whether or not COMELEC
proposed amendments to be ratified in general elections. Resolution No. 2300 regarding the conduct of initiative
onamendments to the Constitution is valid, considering the
It is admitted that it is better to have it ratified independently absence in the law of specific provisions onthe conduct of such
of the general elections of public officials, since the adequate initiative.(3) Whether the lifting of term limits of elective
appraisal of the merits of the proposal will be overshadowed officials would constitute a revision or anamendment of the
by the election personalities. However, this already goes into Constitution.
the wisdom of the plebiscite. This consideration does not deny
the congress to choose either general or special elections since Held
the word “election” was without qualification in the
constitution. Sec. 2, Art XVII of the Constitution is not self executory, thus,
without implementinglegislation the same cannot operate.
4. Minor issue: does the court have jurisdiction over the case? Although the Constitution has recognized or granted the
- YES right,the people cannot exercise it if Congress does not
provide for its implementation.The portion of COMELEC
It was argued that this was a political issue. SC said indeed, Resolution No. 2300 which prescribes rules and regulations on
power to amend the constitution or propose the amendments theconduct of initiative on amendments to the Constitution, is
is not included in the general grant of legislative powers to void. It has been an established rule thatwhat has been
congress. Such power is inherent in the people as the delegated, cannot be delegated (potestas delegata non
repository of sovereignty in a republican state. The power of delegari potest). Thedelegation of the power to the COMELEC
congress to propose amendments is derived from the being invalid, the latter cannot validly promulgate rulesand
constitution itself and when senators and congressmen regulations to implement the exercise of the right to people’s
exercise such power, they do so as component elements of a initiative. The lifting of the term limits was held to be that of a
constituent assembly. It necessarily follows, therefore, that revision, as it would affect other provisions of the Constitution
they do not have final say as to whether their acts are within such as the synchronization of elections, the constitutional
the limits of the constitution. guaranteeof equal access to opportunities for public service,
and prohibiting political dynasties. A revisioncannot be done
DEFENSOR-SANTIAGO vs. COMELEC by initiative. However, considering the Court’s decision in the
G.R. No. 127325 - March 19, 1997 above Issue, the issueof whether or not the petition is a
J. Davide revision or amendment has become academic
Facts
The Lambino group gathered signatures for a petition to In California, there is the 2-part test. The quantitative test asks
initiate a change in the 1987 Consti. Afterwards, they filed a whether the proposed change is so extensive in its provisions
petition with the Comelec to hold a plebiscite so that their as to change directly the substantial entirety of the consti. The
initiative petition can be ratified under the Initiative and court examines only the number of provisions affected and
Referendum Act. does not consider the degree of the change. The qualitative test
inquires into the qualitative effects of the proposed change in
It is claimed by the Lambino group that their petition is the Consti. The main inquiry is whether the change will
supported by at least 12% of all registered voters with each accomplish such far reaching changes in the nature of our
legislative district represented by at least 3% of its registered basic governmental plan as to amount to a revision.
voters. In fact, it is alleged that Comelec election registrars had
already verified these signatures. Under these 2tests, the Lambino group’s initiative is a revision
and not merely an amendment. Quantitatively, the proposed
The changes proposed by the initiative petition would affect changes overhaul art6 and 7 affecting a total of 105 provisions
the articles on the legislative, executive and transitory in the entire consti. Qualitatively, the proposed changes
provisions. The changes will shift the bicameral- presidential substantially alter the basic plan of government from
system to a unicameral-parliamentary form of government. presidential to parliamentary, and from bicameral to
unicameral.
Comelec issued a resolution denying the petition for lack of an
enabling law governing initiative petitions to amend the Fr. B wrote, “a switch from the presidential system to a
constitution. Comelec cited Santiago vs Comelec wherein it parliamentary system would be a revision because of its over-
was declared that the Initiative and Referendum Act was all impact on the entire constitutional structure. So would a
inadequate to implement the initiative clause on proposals to switch from a bicameral to a unicameral system because of its
amend the constitution./ effect on other important provisions of the consti.”
The elements of direct proposal is that: 1) the people must Congress approved the creation of a Constitutional
author and sign the entire proposal – no agent or Convention of 1971 by virtue of two resolutions. Congress
representative can sign in their behalf; and 2) the proposal approved such resolutions in its capacity as a constituent
must be embodied in a petition. Thus, there can be a valid assembly convened for the purpose of calling a convention to
direct proposal only if the people sign on a petition that propose amendments to the Constitution.
already contains the full text of the proposed amendments.
The Convention approved Organic Resolution No. 1 which
The framers borrowed the concept of people’s initiative from seeks to amend the Constitutional provision thereby lowering
the US. The unbending requirement is that the people must the voting age to 18 y/o. Its Section 3 also provides that “This
first see the full text of the proposed amendments before they partial amendment, which refers only to the age qualification
sign to signify their assent, and that the people must sign on for the exercise of suffrage shall be without prejudice to other
an initiative petition that contains the full text of the proposed
amendments that will be proposed in the future by the 1971
amendments. Constitutional Convention on other portions of the amended
Section or on other portions of the entire Constitution.” Later,
US jurisprudence elucidates on the reason for requiring that President D. Macapagal called upon Comelec to help the
the people should sign the petition only after seeing the convention implement the said resolution.
proposed amendments: The purpose of the full text
requirement is to provide sufficient information so that Issue
registered voters can intelligently evaluate whether to sign the
initiative petition. 1. W/N the validity of the resolution is subject to judicial
review? YES. Convention and the Court are still ubject to the
Moreover, a person who signs an initiatve must be informed
Constitution and the rule of law.
at the time of the signing of the nature and effect of the
proposal because failure to do so is deceptive and misleading
which renders the initiative void. Although our consti does 2. W/N the proposed amendment in question may be
not expressly state that the petition must set forth the full text presented to the people for ratification separately from each
of the proposed, the deliberations of the ConCom explicitly and all of the other amendments to be drafted and proposed
reveal the intention of the framers to require this. Besides, the by the Convention? NO. The 1935 Constitution expressly said
Initiative and Referendum Act which the Lambino group “an election” thereby saying that there should one be one
invokes as valid actually requires that the people must sign election for all the amendments intended.
the petition as signatories.
3. Is it within the powers of the Constitutional Convention of
There is no presumption that the proponents observed the 1971 to order the holding of a plebiscite for the ratification of
constitutional requirements in gathering the signatures. The the proposed amendment reducing to eighteen years the age
proponents bear the burden of proving that the petition for the exercise of suffrage under Section 1 of Article V of the
contained, or incorporated by attachment, the full text of the Constitution proposed in the Convention's Organic
proposed amendments. Resolution No. 1 in the manner and form provided for in said
resolution and the subsequent implementing acts and
In this case, the Lambino group submitted a signature sheet. resolution of the Convention? NO, because Art. XV, Section 1
And in this sheet, there is not a single word, phrase of sentence of the 1935 Constitution provides that: Section 1. The Congress
of the text of the proposed changes. Neither does the signature in joint session assembled, by a vote of three-fourths of all the
sheet state that the text of the proposed changes was attached Members of the Senate and of the House of Representatives
to it. The signature sheet merely asked the people whether voting separately, may propose amendments to this
they approve a shift from the bicameral-presidential to the Constitution or call a convention for that purpose. Such
unicameral-parliamentary. amendments shall be valid as part of this Constitution when
approved by a majority of the votes cast at an election at which
(so many other facts: basically before the Comelec decided on the amendments are submitted to the people for their
the petition, Lambino group submitted an amended petition. ratification.
But neither the amended nor the original petition contained
the proponents. And even if the Lambino group alleged that Held
the circulated copies of the proposal, it was not proven that all
those who signed had a copy of the proposal before they There was no sufficient time given to the people to study the
signed it). matter.
The orthodox view is expressed in Article 7 of the Civil Code, Although such a view has support in logic, it may not however
providing that “when the courts declare a law to be be sufficiently realistic. It does not admit of doubt that prior to
inconsistent with the Constitution, the former shall be void the declaration of nullity, the act must have been in force and
and the latter shall govern. had to be complied with. Until the judiciary declares it to be
invalid, it is entitled to obedience and respect. Parties may
have acted under it. It is now accepted as a doctrine that prior
An otherwise valid law may be held unconstitutional only
to its being nullified, its existence as a fact must be reckoned
insofar as it is allowed to operate retrospectively such as, in
with. This is merely to reflect awareness that precisely because
pertinent cases, when it vitiates contractually vested rights. To
the judiciary is a governmental organ which has the final say
that extent, its retroactive application may be so declared
on whether or not a legislative or executive measure is valid,
invalid as impairing the obligations of contracts. A judicial
a period of time may have elapsed before it can exercise the
declaration of invalidity, it is also true, may not necessarily
power of judicial review that may lead to the declaration of
obliterate all the effects and consequences of a void act
nullity. It would be to deprive the law of its quality of fairness
occurring prior to such a declaration.
and justice if there be no recognition of what had transpired
prior to such adjudication.
The fact of the matter is that the expropriation cases,
involved in this instance, were still pending appeal when US SC: “The actual existence of a statute, prior to such
the EPZA ruling was rendered and forthwith invoked by determination of unconstitutionality, is an operative fact and
said parties. The appellate court in this particular case may have consequences which cannot justly be ignored. The
committed no error in its appealed decision. The instant past cannot always be erased by a new judicial declaration.
petition is dismissed. The effect of the subsequent ruling as to invalidity may have
to be considered in carious aspects, with respect to particular
relations and particular conduct.” Philippines “to place nationals and products of member-
countries on the same footing as Filipinos and local products.”
Such an approach all the more commends itself whenever They are basically challenging the constitutionality of the
police power legislation intended to promote public welfare membership because it violates the constitutional provision
but adversely affecting property rights is involved. As that the state shall “develop a self- reliant and independent
constitutionality is conditioned on its being fair and national economy effectively controlled by Filipinos and that
reasonable, which in turn is dependent on the actual situation, Filipinos will be preferred in the use of labor, materials and
a measure valid when enacted may subsequently be stricken goods.
down due to altered circumstances. This is what happened
with the moratorium legislation, issued by President Osmena, Petitioners vigorously argue that the “letter, spirit and intent”
which suspended the enforcement of payment of all debts and of the Constitution mandating “economic nationalism” are
other monetary obligations by war sufferers due to the violated by the so-called “parity provisions” and “national
circumstances at that time (business was at a standstill, treatment” clauses scattered in various parts not only of the
economy lay prostrate, radical measures were taken). But time WTO Agreement and its annexes but also in the Ministerial
passed and conditions did change. It was unreasonable and Decisions and Declarations and in the Understanding on
oppressive to let creditors wait for 12 years before they could Commitments in Financial Services. \
liquidate their investment. (This is the reason why the SC had
invalidated the law) Issue
TANADA v. ANGARA W/N the provisions of the WTO Agreement and its Annexes
G.R. No. 118295, May 2, 1997 contravene Sec. 10 and 12, Art. XII of the constitution? – NO.
J. Panganiban
Held
Facts
World War II devastated the whole world so to facilitate the The Constitution promotes the preferential use of Filipino
recovery of the countries, the UN created 3 multilateral bodies: labor, domestic materials and locally produced goods. The
the World Bank, the IMF and the Int’l Trade Org. However, petitioners say that if we agree to the WTO Agreement, there
the ITO never took off but the General Agreement on Tariffs are provisions there that would contravene this constitutional
and Trade remained, which was a collection of treaties policy.
governing ACCESS to economies of those who signed the
treaties. After this, the World Trade Organization came about. The GATT declares that the contracting party (in this case, RP)
shall accord the same treatment to products of other
The Philippines joined the WTO as one of its founding contracting territories (ibang WTO/GATT signatories) as that
members. Then Pres. Ramos wrote 2 letters to the Senate given to the local products. In other works, there shouldn’t be
saying that joining WTO will improve Philippine access to any prioritization or discrimination of imported products just
foreign markets, will open new opportunities for services and to favor local ones. This applies also to intellectual property:
investments. And impliedly, he said that the Philippines will each Member shall accord to the nationals of other Members
benefit from the WTO system of dispute settlement by judicial treatment no less favourable than that it accords to its own
adjudication through independent WTO settlement bodies. nationalswith regard to the protection of intellectual property.
On April 1994, Sec. Navarro of DTI, respondent in this case, So now the petitioner senators argue that since the WTO
represented the govt of the Philippines in Morroco. He signed Agreement prohibits favouring local products, it in effect
in behalf of the Republic the FINAL ACT Embodying the places the nationals and products of other member countries
Results of the Urugay Round of Multilateral Negotiations. By on the same footing as Filipinos and local products in
virtue of this Final Act, RP agrees to submit the WTO contravention of the “Filipino First” policy of the Constitution.
Agreement for consideration to the Senate for approval AND
to adopt the Ministerial Declarations and Decisions. In fact, Secs. 10 and 12 of Article XII, apart from merely laying down
the Final Act, the Ministerial Declarations and Decisions were general principles relating to the national economy and
submitted to the Senate for concurrence. patrimony, should be read and understood in relation to the
other sections in said article, especially Secs. 1 and 13. Sec. 1
On Aug 1994, the Senate members received a later from the lays down the basic goals of national economic development,
President of the Phil, submitting the Final Act to the Senate for as follows:
concurrence. On Dec 1994, the Senate passed a resolution
stating that the Senate CONCURRED with the ratification by 1. A more equitable distribution of opportunities, income and
the President, of the agreements establishing the WTO. Just to wealth;
be clear, Pres. Ramos transmitted the ff. for ratification of the
Senate: 1.) the Agreement proper that Phil. Will join the WTO 2. A sustained increase in the amount of goods and services
and, 2.) the ministerial declarations and decisions (25 all in all), provided by the nation for the benefit of the people; and
3.) Understanding on Commitments in the Financial Services.
3. An expanding productivity as the key to raising the quality
Petitioners in this case are SENATORS who challenge the of life for all especially the underprivileged.
validity of the membership in WTO. They claim that such
membership in the WTO requires the With these goals in context, the Constitution then ordains the
ideals of economic nationalism (1) by expressing preference in
favor of qualified Filipinos “in the grant of rights, privileges
and concessions covering the national economy and
patrimony”and in the use of “Filipino labor, domestic
materials and locally-produced goods”; (2) by mandating the
State to “adopt measures that help make them competitive;
and (3) by requiring the State to “develop a self-reliant and
independent national economy effectively controlled by
Filipinos.” In similar language, the Constitution takes into
account the realities of the outside world as it requires the
pursuit of “a trade policy that serves the general welfare and
utilizes all forms and arrangements of exchange on the basis
of equality and reciprocity”and speaks of industries “which
are competitive in both domestic and foreign markets” as well
as of the protection of “Filipino enterprises against unfair
foreign competition and trade practices.”
Even assuming that international law requires the application WON THE HOLY SEE HAS SOVEREIGN IMMUNITY in the
of the act of state doctrine, it bears stressing that the sale of the parcel of land (lot 5 -a).
Sandiganbayan will not examine and review the freeze orders
of the concerned Swiss officials in Civil Case No. 0164. The Held
Sandiganbayan will not require the Swiss officials to submit to
its adjudication nor will it settle a dispute involving said YES. The Holy See has sovereign immunity in the sale of the
officials. In fact, as prayed for in the complaint, the parcel of land (lot 5-A).
Claim to sovereign or diplomatic
Sandiganbayan will only review and examine the propriety of immunity is stated in the Public International Law. When state
maintaining PCGGs position with respect to Officecos or international agency wishes to plead sovereign or diplomati
accounts with BTAG for the purpose of further determining c immunity in a foreign court, it requests the Foreign Office of
the propriety of issuing a writ against the PCGG and the OSG. the state where it is sued to convey to the court that said
Everything considered, the act of state doctrine finds no defendant is entitled to immunity.
The Department of Foreign Affairs was allowed by the Court based on the Agreement is cognizable in our courts.
to intervene on the s ide of petitioner by filing a memorandum
of support for the petitioner s claim of sovereign Held
immunity.
The Holy See exercises sovereignty over the
Vatican City in Rome, Italy, and is represented in the The immunity mentioned therein is not absolute, but subject
Philippines by the Papal Nuncio. The petitioner is, therefore , to the exception that the act was done in “official capacity.”
a foreign state enjoying sovereign immunity. The prosecution should have been given the chance to rebut
the DFA protocol and it must be accorded the opportunity to
The immunity of the sovereign is recognized only with regard present its controverting evidence.
to public acts or a cts jure imperii of a state, but not with regard
to private acts or acts jure ge stionis. If the act is in pursuit of Slandering a person could not possibly be covered by the
a sovereign activity, or an incident thereo f, then it is an act immunity agreement because our laws do not allow the
jure imperii, especially when it is not undertaken for gain commission of a crime, such as defamation, in the name of
official duty. It is a well- settled principle of law that a public
or profit. The petitioner s sale of the land is a commercial official may be liable in his personal private capacity for
transaction that is an act jure imperii. The petitioner has whatever damage he may have caused by his act done with
bought and sold lands in the ordinary co urse of a real estate malice or in bad faith or beyond the scope of his authority or
business, the said transaction can be categorized as an ac t jure jurisdiction. Under the Vienna Convention on Diplomatic
gestionis. However, petitioner has denied that the acquisition Relations, the commission of a crime is not part of official duty.
and subseq uent disposal of Lot 5-A were made for profit but
claimed that it acquired said property for the site of its mission The petition is therefore denied.
or the Apostolic Nunciature in the Philippi nes.
SALIENT POINTS:
The petition for certiorari was granted and the complaint
The DFA's function includes, among its other mandates, the
against petitioner was dismissed.
determination of persons and institutions covered by
diplomatic immunities, a determination which, when
JEFFREY LIANG (HUEFENG) vs.
PEOPLE OF THE challenged, entitles it to seek relief from the court so as not to
PHILIPPINES seriously impair the conduct of the country's foreign relations.
G.R. No. 125865 January 28, 2000 The DFA must be allowed to plead its case whenever
J. Ynares-Santiago necessary or advisable to enable it to help keep the credibility
of the Philippine government before the international
Facts community. When international agreements are concluded,
the parties thereto are deemed to have likewise accepted the
Petitioner is an economist working with the Asian responsibility of seeing to it that their agreements are duly
Development Bank. Sometime in 1994, for allegedly uttering regarded. In our country, this task falls principally on the DFA
defamatory words against fellow ADB worker Joyce Cabal, he as being the highest executive department with the
was charged before the Metropolitan Trial Court of competence and authority to so act in this aspect of the
Mandaluyong City with two counts of grave oral defamation. international arena.[18] In Holy See vs. Hon. Rosario, Jr.,[19]
Petitioner was arrested by virtue of a warrant issued by the this Court has explained the matter in good detail; viz:
MeTC. MeTC Judge received an “office of protocol” from the
Department of Foreign Affairs stating that petitioner is "In Public International Law, when a state or international
covered by immunity from legal process under Section 45 of agency wishes to plead sovereign or diplomatic immunity in
the Agreement between the ADB and the Philippine a foreign court, it requests the Foreign Office of the state where
Government regarding the Headquarters of the ADB in the it is sued to convey to the court that said defendant is entitled
country. The MeTC judge without notice to the prosecution to immunity.
dismissed the case based from the said protocol.
"In the United States, the procedure followed is the process of
The latter filed a motion for reconsideration which was 'suggestion,' where the foreign state or the international
opposed by the DFA. When its motion was denied, the organization sued in an American court requests the Secretary
prosecution filed a petition for certiorari and mandamus with of State to make a determination as to whether it is entitled to
the RTC of Pasig City which set aside the MeTC rulings and immunity. If the Secretary of State finds that the defendant is
ordered the latter court to enforce the warrant of arrest it immune from suit, he, in turn, asks the Attorney General to
earlier issued. submit to the court a 'suggestion' that the defendant is entitled
to immunity. In England, a similar procedure is followed, only
After the motion for reconsideration was denied, petitioner the Foreign Office issues a certification to that effect instead of
elevated the case to this court via a petition for review arguing submitting a 'suggestion' (O'Connell, I International Law 130
that he is covered by immunity under the Agreement and that [1965]; Note: Immunity from Suit of Foreign Sovereign
no preliminary investigation was held before the criminal Instrumentalities and Obligations, 50 Yale Law Journal 1088
cases were filed in court. [1941]).
Issue "In the Philippines, the practice is for the foreign government
or the international organization to first secure an executive
Whether immunity invoked by DFA for ADB employees endorsement of its claim of sovereign or diplomatic immunity.
But how the Philippine Foreign Office conveys its Whether or not Arthur Scalzo is indeed entitled to diplomatic
endorsement to the courts varies. In International Catholic immunity.
Migration Commission vs. Calleja, 190 SCRA 130 (1990), the
Secretary of Foreign Affairs just sent a letter directly to the Held
Secretary of Labor and Employment, informing the latter that
the respondent- employer could not be sued because it YES. A foreign agent, operating within a territory, can be
enjoyed diplomatic immunity. In World Health Organization cloaked with immunity from suit as long as it can be
vs. Aquino, 48 SCRA 242 (1972), the Secretary of Foreign established that he is acting within the directives of the
Affairs sent the trial court a telegram to that effect. In Baer vs. sending state.
Tizon, 57 SCRA 1 (1974), the U.S. Embassy asked the Secretary
of Foreign Affairs to request the Solicitor General to make, in
The consent or imprimatur of the Philippine government to
behalf of the Commander of the United States Naval Base at
the activities of the United States Drug Enforcement Agency,
Olongapo City, Zambales, a 'suggestion' to respondent Judge.
however, can be gleaned from the undisputed facts in the case.
The Solicitor General embodied the 'suggestion' in a
manifestation and memorandum as amicus curiae.
The official exchanges of communication between agencies of
"In the case at bench, the Department of Foreign Affairs, the government of the two countries
through the Office of Legal Affairs moved with this Court to
be allowed to intervene on the side of petitioner. The Court Certifications from officials of both the Philippine Department
allowed the said Department to file its memorandum in of Foreign Affairs and the United States Embassy
support of petitioner's claim of sovereign immunity.
Participation of members of the Philippine Narcotics
"In some cases, the defense of sovereign immunity was Command in the “buy-bust operation” conducted at the
submitted directly to the local courts by the respondents residence of Minucher at the behest of Scalzo
through their private counsels (Raquiza vs. Bradford, 75 Phil.
50 [1945]; Miquiabas vs. Philippine-Ryukyus Command, 80 These may be inadequate to support the “diplomatic status”
Phil. 262 [1948]; United States of America vs. Guinto, 182 of the latter but they give enough indication that the
SCRA 644 [1990] and companion cases). In cases where the Philippine government has given its imprimatur, if not
foreign states bypass the Foreign Office, the courts can inquire consent, to the activities within Philippine territory of agent
into the facts and make their own determination as to the Scalzo of the United States Drug Enforcement Agency.
nature of the acts and transactions involved."
The job description of Scalzo has tasked him to conduct
KHOSROW MINUCHER vs. HON. COURT OF APPEALS surveillance on suspected drug suppliers and, after having
and ARTHUR SCALZO ascertained the target, to inform local law enforcers who
G.R. No. 142396 February 11, 2003 would then be expected to make the arrest.
J. Vitug
In conducting surveillance activities on Minucher, later acting
Facts as the poseur-buyer during the buy-bust operation, and then
becoming a principal witness in the criminal case against
Violation of the “Dangerous Drugs Act of 1972,” was filed Minucher,
against Minucher following a “buy-bust operation”
conducted by Philippine police narcotic agents accompanied Scalzo hardly can be said to have acted beyond the scope of
by Scalzo in the house of Minucher, an Iranian national, where his official function or duties.
heroin was said to have been seized. Minucher was later
acquitted by the court. Minucher later on filed for damages WHO vs. Aquino
due to trumped-up charges of drug trafficking made by G.R. No. L-35131, November 29, 1972
Arthur Scalzo. Scalzo on his counterclaims that he had acted J. Teehankee
in the discharge of his official duties as being merely an agent
of the Drug Enforcement Administration of the United States
Department of Justice. Facts
Issue:
SECTION 18
Each specialized agency will specify the
categories of officials to which the provisions of this Article
Did the (IRRI) waive its immunity from suit in this dispute
and of Article VIII shall apply. It shall communicate them to
which arose from an employer-employee relationship?
the Governments of all States parties to this Convention in
respect of that agency and to the Secretary-General of the
Held
United Nations. The names of the officials included in these
categories shall from time to time be made known to the
While admitting IRRI's defense of immunity, the and that it
above-mentioned Governments.
invokes such diplomatic immunity and privileges as an
international organization in the instant casefiled by
SECTION 19
Officials of the specialized agencies shall:
(a) petitioner, not having waived the, nonetheless, cited anOrder
Be immune from legal process in respect of words spoken or issued by the Institute to the effect that "in all cases of
written and all acts performed by them in their official termination, respondentIRRI waives its immunity," and,
accordingly, considered the defense of immunity nolonger a 5 and Section 44 of the AgreementBetween The Bank And The
legal obstacle in resolving the case.The NLRC found merit in Government Of The Philippines Regarding The Bank's
private respondent's appeal and, finding that IRRI did not Headquarters (the"Headquarters Agreement"). The Labor
waiveits immunity, ordered the aforesaid decision of the Arbiter took cognizance of the complaint on the impression
Labor Arbiter set aside and thecomplaint dismissed.In this thatthe ADB had waived its diplomatic immunity from suit,
petition petitioner contends that the immunity of the IRRI as and issued a judgment in favor of thecomplainant. The ADB
an internationalorganization granted by Article 3 of did not file an appeal, but the DFA sought a nullification with
Presidential Decree No. 1620 may not be invoked inthe case at the NLRC. The latterdenied the request.
bench inasmuch as it waived the same by virtue of its
Memorandum on"Guidelines on the handling of dismissed Issue
employees in relation to P.D. 1620."
Whether or not ADB is immune from suit?
No. P.D. No. 1620, Article 3 provides: Art. 3. Immunity from
Legal Process. The Institute shall enjoy immunity from any Held
penal,civil and administrative proceedings, except in so far as
that immunity has been expressly waived by the Director- No. Under the Charter and HeadquartersAgreement, the ADB
General of the Institute or his authorized representatives. enjoys immunity from legal process of every form, except in
the specified cases of borrowing and guarantee operations, as
The SC upholds the constitutionality of the aforequoted law. well as the purchase, sale and underwriting of securities. The
There is in this case "a categorical recognition by the Executive Bank’s officers, on their part, enjoy immunity in respect of all
Branch of the Government that IRRI enjoys immunities acts performed by them in their official capacity. The Charter
accorded to international organizations, which determination and the Headquarters Agreement granting these immunities
has been held to be a political question conclusive upon the and privileges aretreaty covenants and commitments
Courts in order not to embarrass a political department of voluntarily assumed by the Philippine government which
Government. must be respected. Being an international organization that
has been extended a diplomatic status, the ADB isindependent
It is a recognized principle of international law and under our of the municipal law. One of the basic immunities of an
system of separation of powersthat diplomatic immunity is international organization is immunity from local jurisdiction,
essentially a political question and courts should refuse to i.e., that it is immune from the legal writs and processes issued
lookbeyond a determination by the executive branch of the by the tribunals of the country where it is found. The obvious
government, and where the plea of diplomatic immunity is reason for this is that the subjection of such an organization to
recognized and affirmed by the executive branch of the the authority of the local courts would afford a convenient
government asin the case at bar, it is then the duty of the courts medium thru which the host government may interfere in
to accept the claim of immunity uponappropriate suggestion their operations or even influence or control its policies and
by the principal law officer of the government or other officer decisions of the organization; besides, such subjection to local
actingunder his direction. jurisdiction would impair the capacity of such body to
discharge its responsibilities impartially on behalf of its
The raison d'etre for these immunities is the assurance of member-states."
unimpeded performance of their functions by the agencies
concerned.The grant of immunity to IRRI is clear and The ADB didn't descend to the level of an ordinary party to a
unequivocal and an express waiver by its Director-General is commercial transaction, which should have constituted a
the only way by which it may relinquish or abandon this waiver of its immunity from suit, by entering into service
immunity. In cases involving dismissed employees, the contracts with different private companies. There are two
Institute may waive its immunity, signifying that such waiver conflicting concepts of sovereign immunity, each widely held
is discretionary on its part. and firmly established. According to the classical or absolute
theory, a sovereign cannot, without its consent, be made a
DEPARTMENT OF FOREIGN AFFAIRS vs.
NATIONAL respondent in the Courts of another sovereign. According to
the newer or restrictive theory, the immunity of the sovereign
LABOR RELATIONS COMMISSION, HON. LABOR
is recognized only with regard to public acts or acts jure
ARBITER NIEVES V. DE CASTRO and JOSE C. MAGNAYI
imperii of a state, but not with regard to private act or acts jure
G.R. No. 113191 September 18, 1996
gestionis. Certainly, the mere entering into a contract by a
J. Vitug
foreign state with a private party cannot be the ultimate test.
Such an act can only be the start of the inquiry.
Facts
The logical question is whether the foreign state is engaged in
the activity in the regular course of business. If the foreign
A complaint for illegal dismissal was filed against the Asian
state is not engaged regularly in a business or trade, the
Development Bank ("ADB"). Uponreceipt of summonses, both
particular act or transaction must then be tested by its nature.
the ADB and the DFA notified the Labor Arbiter that the ADB,
If the act is in pursuit of a sovereignactivity, or an incident
as well as itsPresident and Officers, were covered by an
thereof, then it is an act jure imperii, especially when it is not
immunity from legal process except for
undertaken for gainor profit. The service contracts referred to
borrowings,guaranties or the sale of securities pursuant to
by private respondent have not been intended by the ADB
Article 50(1) and Article 55 of the Agreement Establishingthe
forprofit or gain but are official acts over which a waiver of
Asian Development Bank (the "Charter") in relation to Section
immunity would not attach.
Issue the State amounting to lack of jurisdiction in a motion to
dismiss.
Whether or not the DFA has the legal standing to file the
present petition? Held
Held Yes
Ratio: In the case at bar, the judge deferred the resolution
of the defense of non-suability of the State until trial.
The DFA's function includes, among its other mandates, the
determination of persons and institutions covered by However, the judge failed to resolve such defense, proceeded
diplomatic immunities, a determination which, when with the trial and then rendered a decision against the
challenged, entitles it to seek relief from the court so as not to municipality and its driver. The judge did not commit GAD
seriously impair the conduct of the country's foreign relations. when it arbitrarily failed to resolve the issue of non-suability
The DFA must be allowed to plead its case whenever of the State in the guise of the municipality. However, the
necessary or advisable to enable it to help keep the credibility judge acted in excess of his jurisdiction when in his decision
of the Philippine government before the international he held the municipality liable for the quasi-delict committed
community. When international agreements are concluded, by its regular employee.
the parties thereto are deemed to have likewise accepted the
responsibility of seeing to it that their agreements are duly The doctrine of non-suability of the State is expressly provided
regarded. In our country, this task falls principally on the DFA for in Article XVI, Section 3 of the Consti, to wit: "the State may
as being the highest executive department with the not be sued without its consent." Express consent may be
competence and authority to so act in this aspect of the embodied in a general law or a special law. The standing
international arena. consent of the State to be sued in case of money claims
involving liability arising from contracts is found in Act No.
3083. A special law may be passed to enable a person to sue
the government for an alleged quasi-delict. Consent is implied
MUNICIPALITY OF SAN FERNANDO, LA UNION, when the government enters into business contracts, thereby
petitioner
vs.
HON. JUDGE ROMEO N. FIRME, JUANA descending to the level of the other contracting party, and also
RIMANDO-BANIÑA, IAUREANO BANIÑA, JR., SOR when the State files a complaint, thus opening itself to a
MARIETA BANIÑA, MONTANO BANIÑA, ORJA BANIÑA, counterclaim.
AND LYDIA R. BANIÑA, respondents.
G.R. No. L-52179 April 8, 1991 Municipal corporations are agencies of the State when they are
J. Medialdea engaged in governmental functions and therefore should
enjoy the sovereign immunity from suit. Nevertheless, they
Facts are subject to suit even in the performance of such functions
because their charter provided that they can sue and be sued.
Petitioner is a municipal corporation existing under and in
accordance with the laws of the Republic of the Philippines. A distinction should first be made between suability and
At about 7 am of December 16, 1965, a collision occurred liability. "Suability depends on the consent of the state to be
involving a passenger jeepney driven by Bernardo Balagot sued, liability on the applicable law and the established facts.
and owned by the Estate of Macario Nieveras, a gravel and The circumstance that a state is suable does not necessarily
sand truck driven by Jose Manandeg and owned by mean that it is liable; on the other hand, it can never be held
Tanquilino Velasquez and a dump truck of the petitioner and liable if it does not first consent to be sued. Liability is not
driven by Alfredo Bislig. Several passengers of the jeepney conceded by the mere fact that the state has allowed itself to
including Laureano Baniña Sr. died as a result of the injuries be sued. When the state does waive its sovereign immunity, it
they sustained and 4 others suffered physical injuries. is only giving the plaintiff the chance to prove, if it can, that
the defendant is liable."
Private respondents instituted an action against Nieveras and
Balagot before the CFI. The defendants filed a third party Anent the issue of whether or not the municipality is liable for
complaint against petitioner and Bislig. The complaint was the torts committed by its employee, the test of liability of the
then amended to implead petitioner and Bislig. Petitioner municipality depends on whether or not the driver, acting in
raised as defense lack of cause of action, non suability of the behalf of the municipality, is performing governmental or
State, prescription and negligence of the owner and driver of proprietary functions (Torio vs. Fontanilla). According to City
the jeepney. of Kokomo vs Loy(Indiana SC), municipal corporations exist
in a dual capacity, and their functions are twofold. In one they
The trial court rendered a decision ordering the petitioner and exercise the right springing from sovereignty, and while in the
Bislig to pay the plaintiffs. The owner and driver of the performance of the duties pertaining thereto, their acts are
jeepney were absolved from liability. Petitioner filed an MR political and governmental. Their officers and agents in such
which was dismissed for having been filed out of time. capacity, though elected or appointed by them, are
nevertheless public functionaries performing a public service,
Issue and as such they are officers, agents, and servants of the state.
In the other capacity the municipalities exercise a private,
WON the court committed grave abuse of discretion when it proprietary or corporate right, arising from their existence as
deferred and failed to resolve the defense of non-suability of legal persons and not as public agencies. Their officers and
agents in the performance of such functions act in behalf of the Issue
municipalities in their corporate or individual capacity, and
not for the state or sovereign power." WON the BOP is an agency of the government which cannot
be sued.
It has already been remarked that municipal corporations are
suable because their charters grant them the competence to Held
sue and be sued. Nevertheless, they are generally not liable for
torts committed by them in the discharge of governmental Yes. The Bureau of Printing is an office of the Government
functions and can be held answerable only if it can be shown created by the Administrative Code of 1916 (Act No. 2657). As
that they were acting in a proprietary capacity. such instrumentality of the Government, it operates under the
direct supervision of the Executive Secretary, Office of the
In the case at bar, the driver of the dump truck of the President, and is "charged with the execution of all printing
municipality insists that "he was on his way to the Naguilian and binding, including work incidental to those processes,
river to get a load of sand and gravel for the repair of San required by the National Government and such other work of
Fernando's municipal streets." In the absence of any evidence the same character as said Bureau may, by law or by order of
to the contrary, the regularity of the performance of official the (Secretary of Finance) Executive Secretary, be authorized
duty is presumed pursuant to Section 3(m) of Rule 131 of the to undertake . . .." (See. 1644, Rev. Adm. Code). It has no
Revised Rules of Court. Hence, We rule that the driver of the corporate existence, and its appropriations are provided for in
dump truck was performing duties or tasks pertaining to his the General Appropriations Act. Designed to meet the
office.We already stressed in the case of Palafox, et. al. vs. printing needs of the Government, it is primarily a service
Province of Ilocos Norte, the District Engineer, and the bureau and obviously, not engaged in business or occupation
Provincial Treasurer that "the construction or maintenance of for pecuniary profit.
roads in which the truck and the driver worked at the time of
the accident are admittedly governmental activities." It is true, as stated in the order complained of, that the Bureau
of Printing receives outside jobs and that many of its
After a careful examination of existing laws and employees are paid for overtime work on regular working
jurisprudence, We arrive at the conclusion that the days and on holidays, but these facts do not justify the
municipality cannot be held liable for the torts committed by conclusion that its functions are "exclusively proprietary in
its regular employee, who was then engaged in the discharge nature." Overtime work in the Bureau of Printing is done only
of governmental functions. Hence, the death of the passenger when the interest of the service so requires (sec. 566, Rev.
tragic and deplorable though it may be imposed on the Adm. Code). As a matter of administrative policy, the
municipality no duty to pay monetary compensation. overtime compensation may be paid, but such payment is
discretionary with the head of the Bureau depending upon its
BUREAU OF PRINTING, SERAFIN SALVADOR and current appropriations, so that it cannot be the basis for
MARIANO LEDESMA vs. THE BUREAU OF PRINTING holding that the functions of said Bureau are wholly
EMPLOYEES ASSOCIATION (NLU), PACIFICO proprietary in character. Anent the additional work it executes
ADVINCULA, ROBERTO MENDOZA, PONCIANO for private persons, we find that such work is done upon
ARGANDA and TEODULO TOLERAN request, as distinguished from those solicited, and only "as the
G.R. No. L-15751, January 28, 1961 requirements of Government work will permit" (sec. 1654,
GUTIERREZ DAVID, J.: Rev. Adm. Code), and "upon terms fixed by the Director of
Printing, with the approval of the Department Head" (sec.
Facts 1655, id.). As shown by the uncontradicted evidence of the
petitioners, most of these works consist of orders for greeting
The action in question was — upon complaint of the cards during Christmas from government officials, and for
respondents Bureau of Printing Employees Association (NLU) printing of checks of private banking institutions. On those
— filed by an acting prosecutor of the Industrial Court against greeting cards, the Government seal, of which only the Bureau
herein Bureau of Printing and its officers. The complaint of Printing is authorized to use, is embossed, and on the bank
alleged that Serafin Salvador and Mariano Ledesma have been cheeks, only the Bureau of Printing can print the reproduction
engaging in unfair labor practices by interfering with, or of the official documentary stamps appearing thereon. The
coercing the employees of the Bureau of Printing particularly volume of private jobs done, in comparison with government
the members of the complaining association petition, in the jobs, is only one-half of 1 per cent, and in computing the costs
exercise of their right to self-organization an discriminating in for work done for private parties, the Bureau does not include
regard to hire and tenure of their employment in order to profit because it is not allowed to make any. Clearly, while the
discourage them from pursuing the union activities. Bureau of Printing is allowed to undertake private printing
jobs, it cannot be pretended that it is thereby an industrial or
Denied and as affirmative defenses, alleged that respondents business concern. The additional work it executes for private
Pacifico Advincula, Roberto Mendoza Ponciano Arganda and parties is merely incidental to its function, and although such
Teodulo Toleran were suspended pending result of an work may be deemed proprietary in character, there is no
administrative investigation against them for breach of Civil showing that the employees performing said proprietary
Service rules and regulations petitions; that the Bureau of function are separate and distinct from those employed in its
Printing has no juridical personality to sue and be sued; that general governmental functions.
said Bureau of Printing is not an industrial concern engaged
for the purpose of gain but is an agency of the Republic From what has been stated, it is obvious that the Court of
performing government functions. Industrial Relations did not acquire jurisdiction over the
respondent Bureau of Printing, and is thus devoid of any for actual damages it sustained, for which ultimately liability
authority to take cognizance of the case. This Court has will fall on the government, it is obvious that this case has been
already held in a long line of decisions that the Industrial converted technically into a suit against the state.
Court has no jurisdiction to hear and determine the complaint
for unfair labor practice filed against institutions or On this point, the political doctrine that “state may not be sued
corporations not organized for profit and, consequently, not without its consent,”
categorically applies. As an
an industrial or business organization. This is so because the unincorporated government agency without any separate
Industrial Peace Act was intended to apply only to industrial judicial personality of its own, the Bureau of Customs enjoys
employment, and to govern the relations between employers immunity from suit. Along with the Bureau of Internal
engaged in industry and occupations for purposes of gain, and Revenue, it is invested with an inherent power of sovereignty,
their industrial employees. Indeed, as an office of the namely taxation. As an agency, the Bureau of Customs
Government, without any corporate or juridical personality, performs the governmental function of collecting revenues
the Bureau of Printing cannot be sued. (Sec. 1, Rule 3, Rules of which is defined not a proprietary function. Thus, private
Court). Any suit, action or proceeding against it, if it were to respondents claim for damages against the Commissioner of
produce any effect, would actually be a suit, action or Customs must fails.
proceeding against the Government itself, and the rule is
settled that the Government cannot be sued without its
consent, much less over its objection.
HON. RAMON J. FAROLAN, JR., in his capacity as PHILIPPINE TOURISM AUTHORITY vs. PHILIPPINE GOLF
DEVELOPMENT & EQUIPMENT, INC.,
Commissioner of Customs vs.
COURT OF TAX APPEALS G.R. No. 176628 March 19, 2012
and BAGONG BUHAY TRADING J. Brion
G.R. No. 42204 January 21, 1993
J. Romero Facts
YES and NO respectively. The petitioners also rely heavily on Baer v. Tizon... to support
their position that they are not suable, the US not having proper only when the proceedings arise out of commercial
waived its sovereign immunity from suit. It is emphasized transactions of the foreign sovereign, its commercial activities
that in Baer, the Court held: or economic affairs. Stated differently, a State may be said to
have descended to the level of an individual and can thus be
“The invocation of the doctrine of immunity from suit of a deemed to have tacitly given its consent to be sued only when
foreign state without its consent is appropriate... insofar as it enters into business contracts. It does not apply where the
alien armed forces are concerned, the starting point is Raquiza contract relates to the exercise of its sovereign functions.”
v. Bradford, a 1945 decision. In dismissing a habeas corpus
petition for the release of petitioners confined by American The other petitioners in the cases before us all aver they have
army authorities, Justice Hilado cited Coleman v. Tennessee, acted in the discharge of their official functions as officers or
where it was explicitly declared: ‘It is well settled that a agents of the US. However, this is a matter of evidence. The
foreign army, permitted to march through a friendly country charges against them may not be summarily dismissed on
or to be stationed in it, by permission of its government or their mere assertion that their acts are imputable to the US,
sovereign, is exempt from the civil and criminal jurisdiction of which has not given its consent to be sued. In fact, the
the place.’ Two years later, in Tubb and Tedrow v. Griess, this defendants are sought to be held answerable for personal torts
Court relied on Raquiza v. Bradford and cited in support in which the US itself is not involved. If found liable, they and
excerpts from the works of the authoritative writers ... they alone must satisfy the judgment.
Accuracy demands the clarification that after the conclusion
of the Philippine-American Military Bases Agreement, the SUMMARY OF THE EVENTS. The POD was published under
treaty provision should control on such matter, the the direction and authority of the commanding officer. The
assumption being that there was a manifestation of the administrative assistant, among his other duties, is tasked to
submission to jurisdiction on the part of the foreign power prepare and distribute the POD. The NAVSTA Action Line
whenever appropriate. More to the point is Syquia v. Almeda Inquiry is a regular feature of the POD , which was to provide
Lopez ... It was the ruling that respondent Judge acted personnel access to the Commanding Officer on matters they
correctly considering that the ‘action must be considered as feel should be brought to his attention for correction or
one against the U.S. Government.’ The opinion of Justice investigation . According to Wylie, the action line naming
Montemayor continued: ‘It is clear that the courts of the “Auring” was received about 3 weeks prior to the article’s
Philippines including the Municipal Court of Manila have no publication. It was forwarded to the Provost Marshal for
jurisdiction over the present case for unlawful detainer. The comment, and the response “... included a short note stating
question of lack of jurisdiction was raised and interposed at that if the article was published, to remove the name.” This
the very beginning of the action. The U.S. Government has not note was forwarded to the executive officer and to the
given its consent to the filing of this suit which is essentially commanding officer for approval. The approval of the
against her, though not in name. Moreover, this is not only a commanding officer was forwarded to the office of the
case of a citizen filing a suit against his own Government Administrative Assistant for inclusion in the POD. A clerk
without the latter’s consent but it is of a citizen filing an action typist in the office of the Administrative Assistant prepared
against a foreign government without said government’s the smooth copy of the POD and Wylie, the administrative
consent, which renders more obvious the lack of jurisdiction assistant signed the smooth copy of the POD but failed to
of the courts of his country. The principles of law behind this notice the reference to “Auring” in the action line inquiry.
rule are so elementary and of such general acceptance that we
deem it unnecessary to cite authorities in support thereof.” As the article implied that Rarang was consuming and
appropriating confiscated items, she was investigated by her
The above observations do not confer on the US a blanket supervisor. Before the article came out, she had been the
immunity for all acts done by it or its agents in the Philippines. recipient of commendations by her superiors for honesty in
Neither may the other petitioners claim that they are also the performance of her duties.
insulated from suit in this country merely because they have
acted as agents of the US in the discharge of their official PART OF OFFICIAL FUNCTIONS. Wylie and Williams
functions. There is no question that the US, like any other state, actively participated in screening the features and articles in
will be deemed to have impliedly waived its non-suability if it the POD as part of their official functions. Under the rule that
has entered into a contract in its proprietary or private US officials in the performance of their official functions are
capacity. It is only when the contract involves its sovereign or immune from suit, then it should follow that they may not be
governmental capacity that no such waiver may be implied ... held liable for the questioned publication.
In the words of Justice Vicente Abad Santos:
BUT: TAKE NOTE THAT THEY WERE SUED IN THEIR
“The traditional rule of immunity excepts a State from being PERSONAL CAPACITIES for their alleged tortious acts in
sued in the courts of another State without its consent or publishing a libelous article. And our laws and, we presume,
waiver. This rule is a necessary consequence of the principles those of the US don’t allow the commission of crimes in the
of independence and equality of States. However, the rules of name of official duty, and these aren’t covered by the
International Law are not petrified; they are constantly immunity agreement.
developing and evolving. And because the activities of states
have multiplied, it has been necessary to distinguish them- CHAVEZ v. SANDIGANBAYAN on the law on immunity
between sovereign and governmental acts (jure imperii) and from suit of public officials is applicable here: the general rule
private, commercial and proprietary acts (jure gestionis). The is that public officials can be held personally accountable for
result is that State immunity now extends only to acts jure acts claimed to have been performed in connection with
imperii... The restrictive application of State immunity is official duties where they have acted ultra vires or where there
is showing of bad faith... A mere invocation of the immunity direction they issued the publication without deleting the
clause does not ipso facto result in the charges being name. Such act or omission is ultra vires and cannot be part of
automatically dropped. In the case of PCGG v. Peña, Chief official duty. It was a tortious act which ridiculed Rarang, and
Justice Teehankee added a clarification of the immunity as a result she suffered besmirched reputation, serious
accorded PCGG officials under Section 4(a) of Exec. Order No. anxiety, wounded feelings and social humiliation, specially so,
I as follows: since the article was baseless and false. Wylie and Williams
alone, in their personal capacities, are liable for the damages
...First, the main opinion does not claim absolute immunity for they caused.
the members of the Commission, The cited section ... provides
the Commission’s members immunity from suit thus: ‘No civil WHEREFORE, the petition is hereby DISMISSED. The
action shall lie against the Commission or any member thereof questioned decision and resolution of the IAC are AFFIRMED.
for anything done or omitted in the discharge of the task
contemplated by this order.’ No absolute immunity like that Republic vs. Sandoval 220 SCRA 124
sought by Mr. Marcos in his Constitution for himself and his
subordinates is herein involved. It is understood that the Facts
immunity granted the members of the Commission by virtue
of the unimaginable magnitude of its task to recover the Farmer-rallyists marched to Malacanang calling for a genuine
plundered wealth and the State’s exercise of police power was land reform program. There was a marchers-police
immunity from liability for damages in the official discharge confrontation which resulted in the death of 12 rallyists and
of the task granted the members of the Commission much in scores were wounded. As a result, then Pres. Aquino issued
the same manner that judges are immune from suit in the AO 11 creating the Citizens Mendiola Commission for the
official discharge of the functions of their office. purpose of conducting an investigation. The most significant
recommendation of the Commission was for the heirs of the
Immunity from suit cannot institutionalize irresponsibility deceased and wounded victims to be compensated by the
and nonaccountability nor grant a privileged status not government. Based on such recommendation, the victims of
claimed by any other official of the Republic. Where the Mendiola massacre filed an action for damages against the
petitioner exceeds his authority as Solicitor General, acts in Republic and the military/police officers involved in the
bad faith, or ... ‘maliciously conspir(es) with the PCGG incident.
commissioners in persecuting respondent Enrile by filing
against him an evidently baseless suit in derogation of the Issues
latter’s constitutional rights and liberties’, there can be no
question that a complaint for damages does not confer a (1) Whether or not there is a valid waiver of immunity
license to persecute or recklessly injure another. The actions
governed by Articles 19, 20, 21, and 32 of the Civil Code on (2) Whether or not the State is liable for damages
Human Relations may be taken against public officers or
private citizens alike. Held
ARGUMENT: that Williams as commanding officer is far The Court held that there was no valid waiver of immunity as
removed in the chain of command from the offensive claimed by the petitioners. The recommendation made by the
publication and it would be asking too much to hold him Commission to indemnify the heirs of the deceased and the
responsible for everything which goes wrong on the base. victims does not in any way mean that liability attaches to the
State. AO 11 merely states the purpose of the creation of the
WHILE THIS IS TRUE AS A GEN. RULE, FOR THIS CASE Commission and, therefore, whatever is the finding of the
NO. The records show that the offensive publication was sent Commission only serves as the basis for a cause of action in
to the commanding officer for approval and he approved it. the event any party decides to litigate the same. Thus, the
Art. 2176 prescribes a civil liability for damages caused by a recommendation of the Commission does not in any way bind
person’s act or omission constituting fault or negligence. the State.
“Fault” or “negligence” in this Article covers not only acts
“not punishable by law” but also acts criminal in character, The State cannot be made liable because the military/police
whether intentional or voluntary or negligent. ” Moreover, officers who allegedly were responsible for the death and
Art. 2219(7) provides that moral damages may be recovered in injuries suffered by the marchers acted beyond the scope of
case of libel, slander or any other form of defamation. In their authority. It is a settled rule that the State as a person can
commit no wrong. The military and police officers who were
effect, the offended party in these cases is given the right to responsible for the atrocities can be held personally liable for
receive from the guilty party moral damages for injury to his damages as they exceeded their authority, hence, the acts
feelings and reputation in addition to punitive or exemplary cannot be considered official.
damages .
Tan v Director of Forestry
ULTRA VIRES ACT CAN’T BE PART OF OFFICIAL DUTY.
Indeed the imputation of theft contained in the POD is a Facts
defamation against Rarang’s character and reputation. Wylie
himself admitted that the Office of the Provost Marshal Sometime in April 1961, the Bureau of Forestry issued notice
explicitly recommended the deletion of the name if the article advertising for public bidding a certain tract of public forest
was published, but they were negligent because under their land situated in Olongapo, Zambales consisting of 6,420
hectares, within the former U.S. Naval Reservation a property right, nor does it create a vested right; nor is it
comprising 7,252 hectares of timberland, which was turned taxation
over by the US Government to the Philippine Government.
Wenceslao Tan with nine others submitted their application in The welfare of the people is the supreme law. Thus, no
due form. franchise or right can be availed of to defeat the proper
exercise of police power.
The area was granted to the petitioner. On May 30, 1963,
Secretary Gozon of Agriculture and Natural Resources issued II. Petitioner did not exhaust administrative remedy in this
a general memorandum order authorizing Dir. Of Forestry to case. He did not appeal the order of the respondent Secretary
grant new Ordinary Timber Licenses (OTL) subject to some of Agriculture and Natural Resources to the President of the
conditions stated therein (not exceeding 3000 hectares for new Philippines. Considering that the President has the power to
OTL and not exceeding 5000 hectares for extension) review on appeal the orders or acts of the respondents, the
failure of the petitioner-appellant to take that appeal is failure
Thereafter, Acting Secretary of Agriculture and Natural on his part to exhaust his administrative remedies.
Resources Feliciano (replacing Gozon) promulgated on
December 19, 1963 a memorandum revoking the authority SYQUIA v. ALMEDA LOPEZ
delegated to the Director of Forestry to grant ordinary timber
licenses. On the same date, OTL in the name of Tan, was Facts
signed by then Acting Director of Forestry, without the
approval of the Secretary of Agriculture and Natural Plaintiffs Syquia leased their apartment buildings in favor of
Resources. On January 6, 1964, the license was released by the the US for the duration of the war and six months after, unless
Director of Forestry . sooner terminated by the US. These were used for billeting
and quartering officers of the US armed forces. Six months
Ravago Commercial Company wrote a letter to the Secretary after Japan surrendered, Syquia requested the return of the
of ANR praying that the OTL of Tan be revoked. On March 9, buildings but were advised that the US wanted to continue
1964, The Secretary of ANR declared Tan’s OTL null and void occupying the premises. They requested for a renegotiation of
(but the same was not granted to Ravago). Petitioner- the lease. US officers refused but advised them that they
appellant moved for a reconsideration of the order, but the would vacate in a few months time. But because the US did
Secretary of Agriculture and Natural Resources denied the not vacate within the given period, Syquia filed an action for
motion. unlawful detainer with the MTC against the US officers. US
said that the court had no jurisdiction over the defendants and
Issue of the subject matter because the real party in interest was the
US government and not the individual officers named in the
I. Whether or not petitioner’s timber license is valid (No) complaint.
Facts
Held Issue
Whether or not the defendants were immune from suit under
Under the circumstances already ad voted to, PanOriental the RP-US Bases Treaty for acts done by them in the
cannot be considered a possessor in bad faith until after the performance of their official duties.
institution of the instant case. However, since it is not disputed
that said appellant is entitled to the refund of such expenses Held
with the right to retain the vessel until he has been reimbursed The rule that a State may not be sued without its consent is one
therefore. As it is by the corrected acts of defendant and of the generally accepted principles of international law that
intervenor Republic of the Philippines that the appellant ha a were have adopted as part of the law of our land. Even
lien far his expenses, appellees Froilan, Compania Maratma, without such affirmation, we would still be bound by the
and the Republic of the Philippines are declared liable for the generally accepted principles of international law under the
reimbursement to appellant of its legitimate expenses, as doctrine of incorporation. Under this doctrine, as accepted by
allowed by law, with legal interest from the time of the majority of the states, such principles are deemed
disbursement. incorporated in the law of every civilized state as a condition
and consequence of its membership in the society of nations.
USA v Guinto All states are sovereign equals and cannot assert jurisdiction
G.R. No. 76607 February 26, 1990 over one another. While the doctrine appears to prohibit only
J. Cruz suits against the state without its consent, it is also applicable
to complaints filed against officials of the states for acts
Facts allegedly performed by them in the discharge of their duties.
These are cases that have been consolidated because they all The rule is that if the judgment against such officials will
involve the doctrine of state immunity. The United States of require the state itself to perform an affirmative act to satisfy
America was not impleaded in the case at bar but has moved the same, the suit must be regarded as against the state
to dismiss on the ground that they are in effect suits against it although it has not been formally impleaded. When the
to which it has not consented. government enters into a contract, it is deemed to have
descended to the level of the other contracting party and
1. USA vs GUINTO (GR No. 76607) divested of its sovereign immunity from suit with its implied
The private respondents are suing several officers of the consent.
US Air Force in Clark Air Base in connection with the bidding
conducted by them for contracts for barber services in the said It bears stressing at this point that the aforesaid principle do
base, which was won by Dizon. The respondents wanted to not confer on the USA a blanket immunity for all acts done by
cancel the award because they claimed that Dizon had it or its agents in the Philippines. Neither may the other
included in his bid an area not included in the invitation to petitioners claim that they are also insulated from suit in this
bid, and also, to conduct a rebidding.
country merely because they have acted as agents of the
United States in the discharge of their official functions.
US Vs. Ruiz
There is no question that the USA, like any other state, will be 136 SCRA 487
deemed to have impliedly waived its non-suability if it has
entered into a contract in its proprietary or private capacity Facts
(commercial acts/jure gestionis). It is only when the contract
involves its sovereign or governmental capacity The usa had a naval base in subic, zambales. The base was one
(governmental acts/jure imperii) that no such waiver may be of those provided in the military bases agreement between
implied. phils. and the US. Respondent alleges that it won in the
bidding conducted by the US for the constrcution of wharves
In US vs GUINTO, the court finds the barbershops subject to in said base that was merely awarded to another group. For
the concessions granted by the US government to be this reason, a suit for specific preformance was filed by him
commercial enterprises operated by private persons. The against the US.
Court would have directly resolved the claims against the
defendants as in USA vs RODRIGO, except for the paucity of Issue
the record as the evidence of the alleged irregularity in the
grant of the barbershop concessions were not available. Whether the US naval base in bidding for said contracts
Accordingly, this case was remanded to the court below for exercise governmental functions to be able to invoke state
further proceedings. immunity.
In US vs CEBALLOS, it was clear that the petitioners were The restrictive application of state immunity is proper only
acting in the exercise of their official functions when they when the proceedings arise out of commercial transactions of
conducted the buy-bust operation and thereafter testified the foreign sovereign. Its commercial activities of economic
against the complainant. For discharging their duties as affairs. A state may be descended to the level of an individual
agents of the United States, they cannot be directly impleaded and can thus be deemed to have tacitly given its consent to be
for acts imputable to their principal, which has not given its sued. Only when it enters into business contracts. It does not
consent to be sued. apply where the conracts relates the exercise of its sovereign
function. In this case, the project are integral part of the naval
In US vs VERGARA, the contradictory factual allegations in base which is devoted to the defense of both US and phils.,
this case need a closer study of what actually happened. The indisputably, a function of the government of highest order,
record was too meager to indicate if the defendants were they are not utilized for , nor dedicated to commercial or
really discharging their official duties or had actually business purposes.
exceeded their authority when the incident occurred.The
needed inquiry must first be made by the lower court so it may Republic of Indonesia v Vinzon
assess and resolve the conflicting claims of the parties.
Facts
NOTE:
1. A STATE MAY BE SAID TO HAVE DESCENDED TO THE Petitioner, Republic of Indonesia, represented by its
LEVEL OF AN INDIVIDUAL AND CAN THUS BE DEEMED Counsellor, Siti Partinah, entered into a Maintenance
TO HAVE TACITLY GIVEN ITS CONSENT TO BE SUED Agreement in August 1995 with respondent James Vinzon,
ONLY WHEN IT ENTERS INTO BUSINESS CONTRACTS. sole proprietor of Vinzon Trade and Services. The equipment
2. Jure Gestionis – by right of economic or business relations, covered by the Maintenance Agreement are air conditioning
may be sued. (US vs Guinto) units and was to take effect in a period of four years. When
Jure Imperii – by right of sovereign power, in the exercise of Indonesian Minister Counsellor Kasim assumed the position
sovereign functions. No implied consent. (US v. Ruiz, 136 of Chief of Administration in March 2000, he allegedly found
SCRA 487) respondent’s work and services unsatisfactory and not in
compliance with the standards set in the Maintenance
Agreement. Hence, the Indonesian Embassy terminated the
agreement in a letter dated August 31, 2000. Respondent filed
a complaint claiming that the aforesaid termination was Government, then the suit should be regarded as one against
arbitrary and unlawful. Petitioners filed a Motion to Dismiss the government itself, and, consequently, it cannot prosper or
assailing that Republic of Indonesia, as a foreign sovereign be validly entertained by the court except with the consent of
State, has sovereign immunity from suit and cannot be sued said Government. In as much as the State authorizes only legal
as a party-defendant in the Philippines. acts by its officers, unauthorized acts of government officials
or officers are not acts of the State, and an action against the
Issue officials or officers by one whose rights have been invaded or
violated by such acts, for the protection of his rights, is not a
whether or not the Court of Appeals erred in sustaining the suit against the State within the rule of immunity of the State
trial court’s decision that petitioners have waived their from suit.
immunity from suit by using as its basis the abovementioned
provision in the Maintenance Agreement. NOTE: When the government takes any property for public
use, which is condition upon the payment of just
Held compensation, to be judicially ascertained, it makes manifest
that it submits to the jurisdiction of a court. The Court may
The SC GRANTED the petition. proceed with the complaint and determine the compensation
to which the petitioner are entitled.
The rule that a State may not be sued without its consent is a
necessary consequence of the principles of independence and SPS Fontanilla v Maliaman
equality of States. The mere entering into a contract by a
foreign State with a private party cannot be construed as the Facts
ultimate test of whether or not it is an act jure imperii or jure
gestionis. Such act is only the start of the inquiry. A National Irrigation Administration (NIA), a government
sovereign State does not merely establish a diplomatic agency, was held liable for damages resulting to the death of
mission and leave it at that; the establishment of a diplomatic the son of herein petitioner spouses caused by the fault and/or
mission encompasses its maintenance and upkeep. Hence, negligence of the driver of the said agency. NIA maintains that
the State may enter into contracts with private entities to it is not liable for the act of its driver because the former does
maintain the premises, furnishings and equipment of the not perform primarily proprietorship functions but
embassy and the living quarters of its agents and officials. It governmental functions.
is therefore clear that petitioner Republic of Indonesia was
acting in pursuit of a sovereign activity when it entered into Issue
a contract with respondent for the upkeep or maintenance of
the air conditioning units, generator sets, electrical facilities, Whether NIA is performing governmental functions and is
water heaters, and water motor pumps of the Indonesian thus exempt form suit for damages caused by the negligent act
Embassy and the official residence of the Indonesian of its driver who is not its special agent
ambassador.
Held
Facts
Municipality of Makati V Court of Appeals On February 23, 1999, petitioner National Housing Authority
filed with the Regional Trial Court of Cebu City, Branch 11, an
Facts Amended Complaint for eminent domain against Associacion
Benevola de Cebu, Engracia Urot and the Heirs of Isidro
Petitioner Municipality of Makati expropriated a portion of
Guivelondo for the purpose of the public use of Socialized
land owned by private respondents, Admiral Finance
housing.
Creditors Consortium, Inc. After proceedings, the RTC of
Makati determined the cost of the said land which the On November 12, 1999, the Heirs of Isidro Guivelondo filed a
petitioner must pay to the private respondents amounting to Manifestation stating that they were waiving their objections
P5,291,666.00 minus the advanced payment of P338,160.00. It to NHA’s power to expropriate their properties. Thus an order
of execution has been granted and the court already appointed course, since it finally disposes of the action and leaves
commissioners to determine the amount for just compensation nothing more to be done by the Court on the merits. So, too,
would an order of condemnation be a final one, for thereafter,
On April 17, 2000, the Commissioners submitted their report as the Rules expressly state, in the proceedings before the Trial
wherein they recommended that the just compensation of the Court, “no objection to the exercise of the right of
subject properties be fixed at P11,200.00 per square meter condemnation (or the propriety thereof) shall be filed or
wherein a partial judgment has been rendered. heard.”
After the report on the just compensation has completed, both · The second phase of the eminent domain action is
parties filed an MR on the amount for the just compensation concerned with the determination by the Court of “the just
stating that it has no adequate basis and support. Both MR was compensation for the property sought to be taken.” This is
denied by the court. done by the Court with the assistance of not more than three
(3) commissioners. The order fixing the just compensation on
While the judgment has been rendered in the RTC and an the basis of the evidence before, and findings of, the
entry of judgment and the motion for execution has been commissioners would be final, too. It would finally dispose of
issued, NHA filed a petition for certiorari to the Court of the second stage of the suit, and leave nothing more to be done
Appeals. The CA denied the petition on the ground that the by the Court regarding the issue. Obviously, one or another
Partial Judgment and Omnibus Order became final and of the parties may believe the order to be erroneous in its
executory when petitioner failed to appeal the same. appreciation of the evidence or findings of fact or
Wherefore, the Petitioner NHA filed an appeal to the Supreme otherwise. Obviously, too, such a dissatisfied party may seek
Court. a reversal of the order by taking an appeal there from.
Issue · On the second issue, the court held that a socialized
housing is always for the public used and that the public
1) WON THE STATE CAN BE COMPELLED AND COERCED BY
THE COURTS TO EXERCISE OR CONTINUE WITH THE
purpose of the socialized housing project is not in any way
EXERCISE OF ITS INHERENT POWER OF EMINENT DOMAIN; diminished by the amount of just compensation that the court
has fixed.
2) WON WRITS OF EXECUTION AND GARNISHMENT MAY
BE ISSUED AGAINST THE STATE IN AN EXPROPRIATION · On the third issue, the court ruled that in this case the
WHEREIN THE EXERCISE OF THE POWER OF EMINENT doctrine of state immunity cannot be applied to the NHA,
DOMAIN WILL NOT SERVE PUBLIC USE OR PURPOSE although it is “public in character”, it is only public in
character since it is government-owned, having a juridical
3) WON JUDGMENT HAS BECOME FINAL AND EXECUTORY
personality separate and distinct from the government, the
AND IF ESTOPPEL OR LACHES APPLIES TO GOVERNMENT;
funds of such government-owned and controlled corporations
Held and non-corporate agency, although considered public in
character, are not exempt from garnishment.
The petition was denied and the judgment rendered by the
When does the Doctrine of State Immunity not applied in the
lower court was affirmed.
government agencies?
· On the first issue, the court held that, yes the state can be
1. The universal rule that where the State gives its consent to
compelled and coerced by the court to continue exercise its
be sued by private parties either by general or special law
inherent power of eminent domain, since the NHA does not
exercise its right to appeal in the expropriation proceedings
2. If the funds belong to a public corporation or a government-
before the court has rendered the case final and executory. In owned or controlled corporation which is clothed with a
the early case of City of Manila v. Ruymann and Metropolitan
personality of its own, separate and distinct from that of the
Water District v. De Los Angeles, an expropriation proceeding government, then its funds are not exempt from
was explained.
garnishment. This is so because when the government enters
into commercial business, it abandons its sovereign capacity
· Expropriation proceedings consists of two stages: first,
and is to be treated like any other corporation.
condemnation of the property after it is determined that its
acquisition will be for a public purpose or public use and,
second, the determination of just compensation to be paid for
the taking of private property to be made by the court with the
assistance of not more than three commissioners.
Held Issue
YES. The military commission was lawfully created in Whether or not Kuroda can be charged in Philippine courts.
conformity with an act of Congress sanctioning the creation of
such tribunals. Held
Yes. EO No. 68 is constitutional hence the Philippine courts foreign diplomats from any lawless element. And indeed the
can take cognizance of the case at bar. EO No 68 is in pursuant Vienna Convention is a restatement of the generally accepted
to the constitutional provision that states “the Philippines principles of international law. But the same cannot be
renounces war as an instrument of national policy, and adopts invoked as defense to the primacy of the
the generally accepted principles of international law as part of the Philippine Constitution which upholds and guarantees the
law of the nation.” The Hague Convention and other similar rights to free speech and peacable assembly. At the same time,
conventions whose principles are generally accepted are the City Ordinance issued by respondent mayor cannot be
hence considered as part of the law of the land. invoked if the application thereof would collide with a
constitutionally guaranteed rights.
II. Yes. The denial of their rally does not pass the clear and
present danger test. The mere assertion that subversives may
infiltrate the ranks of the demonstrators does not suffice. In
this case, no less than the police chief assured that they have
taken all the necessary steps to ensure a peaceful rally.
Further, the ordinance cannot be applied yet because there
was no showing that indeed the rallyists are within the 500 feet
radius (besides, there’s also the question of whether or not the
mayor can prohibit such rally – but, as noted by the SC, that
has not been raised an an issue in this case).
Held Issue
Whether Administrative Order or the Revised Implementing
I. No. Indeed, the receiving state is tasked for the protection of Rules and Regulations (RIRR) issued by the Department of
Health (DOH) is not constitutional; The Act violates international and treaty obligations of the
Republic of the Philippines.
Held
YES, under Article 23, recommendations of the WHA do not Issue
come into force for members,in the same way that conventions
or agreements under Article 19 and regulations under Article Whether or not a law may invalidate or supersede treaties or
21 come into force. Article 23 of the WHO Constitution reads: generally accepted principles.
Article 23. The Health Assembly shall have authority to make
recommendations to Members with respect to any matter Held
within the competence of the Organization
for an international rule to be considered as customary law, it
A generally accepted principle of international law, should be
must be established that such rule is being followed by states
observed by us in good faith. If a treaty would be in conflict
because they consider it obligatory to comply with such rules
with a statute then the statute must be upheld because it
represented an exercise of the police power which, being
Under the 1987 Constitution, international law can become inherent could not be bargained away or surrendered through
part of the sphere of domestic law either the medium of a treaty.
By transformation or incorporation. The transformation Yes, a law may supersede a treaty or a generally accepted
method requires that an international law be transformed into principle. In this case, the Supreme Court saw no conflict
a domestic law through a constitutional mechanism such as between the raised generally accepted principle and with RA
local legislation. The incorporation method applies when, by 1180. The equal protection of the law clause “does not demand
mere constitutional declaration, international law is deemed absolute equality amongst residents; it merely requires that all
to have the force of domestic law. persons shall be treated alike, under like circumstances and
conditions both as to privileges conferred and liabilities
Consequently, legislation is necessary to transform the enforced”; and, that the equal protection clause “is not
provisions of the WHA Resolutions into domestic law. The infringed by legislation which applies only to those persons
provisions of the WHA Resolutions cannot be considered as falling within a specified class, if it applies alike to all persons
part of the law of the land that can be implemented by within such class, and reasonable grounds exist for making a
executive agencies without the need of a law enacted by the distinction between those who fall within such class and those
legislature who do not.”
Held
The human rights of person, whether citizen or alien , and the
The parties to said contracts do not appear to have regarded rights of the accused guaranteed in our Constitution should
the same as executive agreements. Even assuming that said take precedence over treaty rights claimed by a contracting
contracts are executive agreements, they are null and void, state. The duties of the government to the individual deserve
because they are inconsistent with RA 3452. preferential consideration when they collide with its treaty
obligations to the government of another state. This is so
Although the President may enter into executive agreements although we recognize treaties as a source of binding
without previous legislative authority, he may not, by obligations under generally accepted principles of
executive agreement, enter into a transaction which is international law incorporated in our Constitution as part of
prohibited by statutes enacted prior thereto. Under the the law of the land.
Constitution, the main function of the Executive is to enforce The doctrine of incorporation is applied whenever municipal
the laws enacted by Congress. He may not defeat legislative tribunals are confronted with situation in which there appears
enactments by indirectly repealing the same through an to be a conflict between a rule of international law and the
executive agreement providing for the performance of the provision of the constitution or statute of the local state.
very act prohibited by said laws.
Petitioner (Secretary of Justice) is ordered to furnish Mark
**Also, the Supreme Court has jurisdiction over the case. The Jimenez copies of the extradition request and its supporting
Constitution authorizes the nullification of a treaty not only papers, and to grant him (Mark Jimenez) a reasonable period
when it conflicts with the fundamental law, but also when it within which to file his comment with supporting evidence.
runs counter to the act of Congress.
“Under the Doctrine of Incorporation, rules of international
The E.S. has no power to authorize the importation. law form part of the law of the land and no further legislative
action is needed to make such rules applicable in the domestic
SECRETARY OF JUSTICE v. LANTION sphere.
The view further contends that the RP-US Extradition Treaty 1. WoN the President's factual determination of the necessity
of calling the armed forces is subject to judicial review.
Issue
Held
ISSUE
o There areexemptions-not specially important here-for right of parents to choose schools where their children will
children who are not normal, or who have completed the receive appropriate mental and religious training, the right of
eighth grade, or whose parents or private teachers reside at the child to influence the parents' choice of a school, the right
considerable distances from any public school, or who hold of schools and teachers therein to engage in a useful business
special permits from the county superintendent. or profession, and is accordingly repugnant to the
Constitution and void.
o The manifest purpose is to compel general attendance at
public schools by normal children, between 8 and 16, who o that unless enforcement of the measure is enjoined the
have not completed the eight grade. And without doubt corporation's business and property will suffer irreparable
enforcement of the statute would seriously impair, perhaps injury.
destroy, the profitable features of appellees' business and
greatly diminish the value of their property. - Hill Academy’s argument: that the challenged act
contravenes the corporation's rights guaranteed by the
- the Society of Sisters is an Oregon corporation, with power Fourteenth Amendment and that unless appellants are
to care for orphans, educate and instruct the youth, establish restrained from proclaiming its validity and threatening to
and maintain academies or schools, and acquire necessary real enforce it irreparable injury will result
and personal property. It has long devoted its property and
effort to the secular and religious education and care of Issue
children, and has acquired the valuable good will of many
parents and guardians. It conducts interdependent primary w/n the Act contravenes with the liberty of parents to direct
and high schools and junior colleges, and maintains the upbringing of their children
orphanages for the custody and control of children between 8
and 16. Held
o In its primary schools many children between those ages are Yes
taught the subjects usually pursued in Oregon public schools
during the first eight years. Systematic religious instruction - Act of 1922 unreasonably interferes with the liberty of
and moral training according to the tenets of the Roman parents and guardians to direct the upbringing and education
Catholic Church are also regularly provided. All courses of of under their control.
study, both temporal and religious, contemplate continuity of
training under appellee's charge; - Rights guaranteed by the
Constitution may not be abridged by legislation
o the primary schools are essential to the system and the most which has no reasonable relation to some purpose
profitable. The Compulsory Education Act of 1922 has already within the competency of the state. The fundamental
caused the withdrawal from its schools of children who would theory of liberty upon which all governments in this
otherwise continue, and their income has steadily declined. Union repose excludes any general power of the state
The appellants, public officers, have proclaimed their purpose to standardize its children by forcing them to accept
strictly to enforce the statute. instruction from public teachers only. The child is not
the mere creature of the state; those who nurture him
- Hill Military Academy is a private and direct his destiny have the right, coupled with the
corporation organized in 1908 under the laws of high duty, to recognize and prepare him for
Oregon, engaged in owning, operating, and additional obligations.
conducting for profit an elementary, college
preparatory, and military training school for boys - Appellees are corporations, and
between the ages of 5 and 21 years.
therefore, it is said, they cannot claim for themselves
the liberty which the Fourteenth Amendment
- The average attendance is 100, and guarantees. Accepted in the proper sense, this is true.
But they have business and property for which they protection and due process clauses, and an undue delegation
claim protection. These are threatened with of judicial power to barangay officials?
destruction through the unwarranted compulsion
which appellants are exercising over present and Held
prospective patrons of their schools. And this court
has gone very far to protect against loss threatened by No. R.A. 9262 is not unconstitutional. First, R.A. 9262 does not
such action.
violate the guaranty of equal protection of the laws. The
unequal power relationship between women and men; the fact
o Appellees asked protection against arbitrary, unreasonable, that women are more likely than men to be victims of violence;
and unlawful interference with their patrons and the and the widespread gender bias and prejudice against women
consequent destruction of their business and property. Their all make for real differences justifying the classification under
interest is clear and immediate the law. As Justice McIntyre succinctly states, "the
accommodation of differences ... is the essence of true
o The suits were not premature. The injury to appellees was equality."
present and very real, not a mere possibility in the remote
future. If no relief had been possible prior to the effective date The distinction between men and women is germane to the
of the act, the injury would have become irreparable. purpose of R.A. 9262, which is to address violence committed
Prevention of impending injury by unlawful action is a well- against women and children. As spelled out in its Declaration
recognized function of courts of equity. of Policy Section 2, the State values the dignity of women and
children and guarantees full respect for human rights. The
JESUS C. GARCIA v. THE HONORABLE RAY ALAN State also recognizes the need to protect the family and its
T. DRILON, et al. members particularly women and children, from violence and
threats to their personal safety and security. Towards this end,
G.R. No. 179267, 25 June 2013, EN BANC (Perlas-
the State shall exert efforts to address violence committed
Bernabe, J.)
against women and children in keeping with the fundamental
freedoms guaranteed under the Constitution and the
provisions of the Universal Declaration of Human Rights, the
Facts
Convention on the Elimination of All Forms of Discrimination
Against Women, Convention on the Rights of the Child and
Petitioner Jesus C. Garcia married Rosalie Jaype-Garcia in
other international human rights instruments of which the
2002. They had three children. Rosalie describes her husband
Philippines is a party.
as dominant, controlling and demands absolute obedience
from his wife and children. Things turned worse when Jesus Moreover, the application of R.A.9262isnotlimited to the
took up an affair with a bank manager of Robinson's Bank, existing conditions when it was promulgated, but to future
Bacolod City, who is the godmother of one of their sons. Jesus' conditions as well, for as long as the safety and security of
infidelity spawned a series of fights with his wife and on one women and their children are threatened by violence and
occasion, he also turned his ire on their daughter, who had abuse.
seen the text messages he sent to his paramour. Rosalie is
determined to separate from her husband but she is afraid that Second, R.A. 9262 is not violative of the due process clause of
he would take her children from her and deprive her of the Constitution. The fear of Jesus of being "stripped of family,
financial support. Jesus had previously warned her that if she property, guns, money, children, job, future employment and
goes on legal battle with him, she would not get a single reputation, all in a matter of seconds, without an inkling of
centavo. Jesus is the President of the three family businesses. what happened" is a mere product of an overactive
imagination. The essence of due process is to be found in the
Rosalie filed a verified petition before the Regional Trial Court reasonable opportunity to be heard and submit any evidence
of Bacolod City for the issuance of Temporary Protection one may have in support of one's defense.
Order ("I PO) against her husband pursuant to R.A. 9262. She
claimed to be a victim of physical abuse, emotional, Lastly, there is no undue delegation of judicial power to
psychological, and economic violence as a result of marital barangay officials. As clearly delimited by Sec. 14 of Barangay
infidelity on the part of Jesus, with threats of deprivation of Protection Orders, the BPO issued by the Punong Barangay or,
custody of her children and of financial support. RTC issued a in his unavailability, by any available Barangay Kagawad,
TPO and a modified TPO in favor of Rosalie. merely orders the perpetrator to desist from (a) causing
physical harm to the woman or her child; and (2) threatening
During the pendency of the civil case, Jesus filed before the to cause the woman or her child physical harm. Such function
Court of Appeals a petition challenging the constitutionality of the Punong Barangay is, thus, purely executive in nature, in
of R.A. 9262 or An Act Defining Violence Against Women and pursuance of his duty under the Local Government Code to
Their Children, Providing For Protective Measures For "enforce all laws and ordinances," and to "maintain public
Victims, Prescribing Penalties Therefore, and For Other order in the barangay."
Purposes for being violative of the due process and equal
protection clauses and undue delegation of judicial power.
OPOSA V. FACTORAN
ISSUE
Facts
The RPC states that reckless imprudence consists in 2) Whether the rules and regulations complained of infringe
voluntarily, but without malice, doing or failing to do an act upon the constitutional precept regarding the promotion of
from which material damage results by reason of inexcusable social justice to insure the well-being and economic security of
lack of precaution on the person performing such an act. all the people?
Intentional felonies such as murder or homicide, what takes
the place of the element of is the failure of the offender to take Held
precautions due to lack if skill. 1) No. The promulgation of the Act aims to promote safe
transit upon and avoid obstructions on national roads in the
The accused lack medical skills in treating the victim of his interest and convenience of the public. In enacting said law,
ailment resulted in the latter’s death. the National Assembly was prompted by considerations of
public convenience and welfare. It was inspired by the desire
Treachery in this case cannot be appreciated in the absence of to relieve congestion of traffic, which is a menace to the public
intent to kill. The acts of the accused therefore considered by safety. Public welfare lies at the bottom of the promulgation of
the court as treachery are in fact efforts by the accused to the said law and the state in order to promote the general
restrain the boy so that they can cure him. Thus, the decision welfare may interfere with personal liberty, with property,
of the RTC is affirmed and modified declaring the accused and with business and occupations. Persons and property may
guilty of reckless imprudence resulting in homicide. be subject to all kinds of restraints and burdens in order to
secure the general comfort, health, and prosperity of the State.
MAXIMO CALALANG vs A. D. WILLIAMS, ET AL., To this fundamental aims of the government, the rights of the
G.R. No. 47800, December 2, 1940 individual are subordinated. Liberty is a blessing which
J. Laurel should not be made to prevail over authority because society
will fall into anarchy. Neither should authority be made to
Facts prevail over liberty because then the individual will fall into
The National Traffic Commission, in its resolution of July 17, slavery. The paradox lies in the fact that the apparent
1940, resolved to recommend to the Director of the Public curtailment of liberty is precisely the very means of insuring
Works and to the Secretary of Public Works and its preserving.
Communications that animal-drawn vehicles be prohibited
from passing along the following for a period of one year from 2) No. Social justice is “neither communism, nor despotism,
the date of the opening of the Colgante Bridge to traffic: nor atomism, nor anarchy,” but the humanization of laws and
1) Rosario Street extending from Plaza Calderon de la Barca to the equalization of social and economic forces by the State so
Dasmariñas Street from 7:30Am to 12:30 pm and from 1:30 pm that justice in its rational and objectively secular conception
to 530 pm; and may at least be approximated. Social justice means the
promotion of the welfare of all the people, the adoption by the
Government of measures calculated to insure economic attorney's fees. This decision was based on the provision of RA
stability of all the competent elements of society, through the 8042, which was made into law on July 15, 1995.
maintenance of a proper economic and social equilibrium in
the interrelations of the members of the community, Serrano filed a Motion for Partial Reconsideration, but this
constitutionally, through the adoption of measures legally time he questioned the constitutionality of the last clause in
justifiable, or extra-constitutionally, through the exercise of the 5th paragraph of Section 10 of RA 8042, which reads:
powers underlying the existence of all governments on the Sec. 10. Money Claims. - x x x In case of
time-honored principles of salus populi estsuprema lex. termination of overseas employment without
just, valid or authorized cause as defined by
Social justice must be founded on the recognition of the law or contract, the workers shall be entitled
necessity of interdependence among divers and diverse units to the full reimbursement of his placement fee
of a society and of the protection that should be equally and with interest of twelve percent (12%) per
evenly extended to all groups as a combined force in our social annum, plus his salaries for the unexpired
and economic life, consistent with the fundamental and portion of his employment contract or for three
paramount objective of the state of promoting health, comfort (3) months for every year of the unexpired term,
and quiet of all persons, and of bringing about “the greatest whichever is less.
good to the greatest number.”
The NLRC denied the Motion; hence, Serrano filed a Petition
for Certiorari with the Court of Appeals (CA), reiterating the
ANTONIO M. SERRANO VS. GALLANT MARITIME constitutional challenge against the subject clause. The CA
SERVICES, INC. AND MARLOW NAVIGATION CO., affirmed the NLRC ruling on the reduction of the applicable
INC. salary rate, but skirted the constitutional issue raised by herein
GR No. 167614 - March 24, 2009 petitioner Serrano.
AUSTRIA-MARTINEZ, J
ISSUES
FACTS 1. Whether or not the subject clause violates Section 10, Article
Petitioner Antonio Serrano was hired by respondents Gallant III of the Constitution on non-impairment of contracts;
Maritime Services, Inc. and Marlow Navigation Co., Inc.,
under a POEA-approved contract of employment for 12 2. Whether or not the subject clause violate Section 1, Article
months, as Chief Officer, with the basic monthly salary of III of the Constitution, and Section 18, Article II and Section 3,
US$1,400, plus $700/month overtime pay, and 7 days paid Article XIII on labor as a protected sector.
vacation leave per month.
HELD
On March 19, 1998, the date of his departure, Serrano was
constrained to accept a downgraded employment contract for On the first issue.
the position of Second Officer with a monthly salary of The answer is in the negative. Petitioner's claim that the
US$1,000 upon the assurance and representation of subject clause unduly interferes with the stipulations in his
respondents that he would be Chief Officer by the end of April contract on the term of his employment and the fixed salary
1998. package he will receive is not tenable.
Section 10, Article III of the Constitution
Respondents did not deliver on their promise to make Serrano provides: No law impairing the obligation of contracts shall b
Chief Officer. Hence, Serrano refused to stay on as second e passed.
Officer and was repatriated to the Philippines on May 26, 1998,
serving only two (2) months and seven (7) days of his contract, The prohibition is aligned with the general principle that laws
leaving an unexpired portion of nine (9) months and twenty- newly enacted have only a prospective operation, and cannot
three (23) days. affect acts or contracts already perfected; however, as to laws
already in existence, their provisions are read into contracts
Serrano filed with the Labor Arbiter (LA) a Complaint against and deemed a part thereof.Thus, the non-impairment clause
respondents for constructive dismissal and for payment of his under Section 10, Article II is limited in application to laws
money claims in the total amount of US$26,442.73 (based on about to be enacted that would in any way derogate from
the computation of $2590/month from June 1998 to February existing acts or contracts by enlarging, abridging or in any
199, $413.90 for March 1998, and $1640 for March 1999) as well manner changing the intention of the parties thereto.
as moral and exemplary damages.
As aptly observed by the OSG, the enactment of R.A. No. 8042
The LA declared the petitioner's dismissal illegal and awarded in 1995 preceded the execution of the employment contract
him US$8,770, representing his salaray for three (3) months of between petitioner and respondents in 1998. Hence, it cannot
the unexpired portion of the aforesaid contract of be argued that R.A. No. 8042, particularly the subject clause,
employment, plus $45 for salary differential and for attorney's impaired the employment contract of the parties. Rather,
fees equivalent to 10% of the total amount; however, no when the parties executed their 1998 employment contract,
compensation for damages as prayed was awarded. they were deemed to have incorporated into it all the
provisions of R.A. No. 8042.
On appeal, the NLRC modified the LA decision and awarded
Serrano $4669.50, representing three (3) months salary at But even if the Court were to disregard the timeline, the
$1400/month, plus 445 salary differential and 10% for subject clause may not be declared unconstitutional on the
ground that it impinges on the impairment clause, for the law First, OFWs with employment contracts
was enacted in the exercise of the police power of the State to of less than one year vis-à-vis OFWs with
regulate a business, profession or calling, particularly the employment contracts of one year or more;
recruitment and deployment of OFWs, with the noble end in Second, among OFWs with employment
view of ensuring respect for the dignity and well-being of contracts of more than one year; and
OFWs wherever they may be employed.Police power Third, OFWs vis-à-vis local workers with
legislations adopted by the State to promote the health, fixed-period employment;
morals, peace, education, good order, safety, and general
welfare of the people are generally applicable not only to In sum, prior to R.A. No. 8042, OFWs and local workers with fixed-
future contracts but even to those already in existence, for all term employment who were illegally discharged were treated alike in
private contracts must yield to the superior and legitimate terms of the computation of their money claims: they were uniformly
measures taken by the State to promote public welfare. entitled to their salaries for the entire unexpired portions of their
contracts. But with the enactment of R.A. No. 8042, specifically
On the second issue. the adoption of the subject clause, illegally dismissed OFWs
The answer is in the affirmative. with an unexpired portion of one year or more in their
employment contract have since been differently treated in
Section 1, Article III of the Constitution guarantees: No person that their money claims are subject to a 3-month cap, whereas
shall be deprived of life, liberty, or property without due no such limitation is imposed on local workers with fixed-
process of law nor shall any person be denied the equal term employment.
protection of the law.
The Court concludes that the subject clause contains a suspect
Section 18, Article II and Section 3, Article XIII accord all classification in that, in the computation of the monetary benefits of
members of the labor sector, without distinction as to place of fixed-term employees who are illegally discharged, it imposes a 3-
deployment, full protection of their rights and welfare. month cap on the claim of OFWs with an unexpired portion of one
year or more in their contracts, but none on the claims of other OFWs
To Filipino workers, the rights guaranteed under the or local workers with fixed-term employment. The subject clause
foregoing constitutional provisions translate to economic singles out one classification of OFWs and burdens it with a peculiar
security and parity: all monetary benefits should be equally disadvantage.
enjoyed by workers of similar category, while all monetary
obligations should be borne by them in equal degree; none There being a suspect classification involving a vulnerable
should be denied the protection of the laws which is enjoyed sector protected by the Constitution, the Court now subjects
by, or spared the burden imposed on, others in like the classification to a strict judicial scrutiny, and determines
circumstances. whether it serves a compelling state interest through the least
restrictive means.
Such rights are not absolute but subject to the inherent power
of Congress to incorporate, when it sees fit, a system of What constitutes compelling state interest is measured by the
classification into its legislation; however, to be valid, the scale of rights and powers arrayed in the Constitution and
classification must comply with these requirements: 1) it is calibrated by history. It is akin to the paramount interest of the
based on substantial distinctions; 2) it is germane to the state for which some individual liberties must give way, such
purposes of the law; 3) it is not limited to existing conditions as the public interest in safeguarding health or maintaining
only; and 4) it applies equally to all members of the class. medical standards, or in maintaining access to information on
matters of public concern.
There are three levels of scrutiny at which the Court reviews
the constitutionality of a classification embodied in a law: a) In the present case, the Court dug deep into the records but
the deferential or rational basis scrutiny in which the found no compelling state interest that the subject clause may
challenged classification needs only be shown to be rationally possibly serve.
related to serving a legitimate state interest; b) the middle-tier
or intermediate scrutiny in which the government must show In fine, the Government has failed to discharge its burden of
that the challenged classification serves an important state proving the existence of a compelling state interest that would
interest and that the classification is at least substantially justify the perpetuation of the discrimination against OFWs
related to serving that interest; and c) strict judicial scrutiny in under the subject clause.
which a legislative classification which impermissibly
interferes with the exercise of a fundamental right or operates Assuming that, as advanced by the OSG, the purpose of the
to the peculiar disadvantage of a suspect class is presumed subject clause is to protect the employment of OFWs by
unconstitutional, and the burden is upon the government to mitigating the solidary liability of placement agencies, such
prove that the classification is necessary to achieve callous and cavalier rationale will have to be rejected. There
a compelling state interest and that it is the least restrictive can never be a justification for any form of government action
means to protect such interest. that alleviates the burden of one sector, but imposes the same
burden on another sector, especially when the favored sector
Upon cursory reading, the subject clause appears facially is composed of private businesses such as placement agencies,
neutral, for it applies to all OFWs.However, a closer while the disadvantaged sector is composed of OFWs whose
examination reveals that the subject clause has a protection no less than the Constitution commands. The idea
discriminatory intent against, and an invidious impact on, that private business interest can be elevated to the level of a
OFWs at two levels: compelling state interest is odious.
dismissed employees for the entire unexpired portion of their
Moreover, even if the purpose of the subject clause is to lessen employment contracts.
the solidary liability of placement agencies vis-a-vis their
foreign principals, there are mechanisms already in place that
While Article 605 has remained good law up to the present,
can be Article 299 of the Code of Commerce was replaced by Art.
employed to achieve that purpose without infringing on the 1586 of the Civil Code of 1889, to wit:
constitutional rights of OFWs. Article 1586. Field hands, mechanics, artisans,
and other laborers hired for a certain time and for
The POEA Rules and Regulations Governing the Recruitment a certain work cannot leave or be dismissed
and Employment of Land-Based Overseas Workers, dated without sufficient cause, before the
February 4, 2002, imposes administrative disciplinary fulfillment of the contract.
measures on erring foreign employers who default on their
contractual obligations to migrant workers and/or their PLDT vs. NLRC
Philippine agents. These disciplinary measures range from G.R. No. 80609, August 23, 1988
temporary disqualification to preventive suspension. The J. Cruz
POEA Rules and Regulations Governing the Recruitment and
Employment of Seafarers, dated May 23, 2003, contains Facts
similar administrative disciplinary measures against erring Abucay, a traffic operator of the PLDT, was accused by two
foreign employers. complainants of having demanded and received from them
the total amount of P3,800.00 in consideration of her promise
Resort to these administrative measures is undoubtedly the to facilitate approval of their applications for telephone
less restrictive means of aiding local placement agencies in installation. Investigated and heard, she was found guilty as
enforcing the solidary liability of their foreign principals. charged and accordingly separated from the service. She went
to the Ministry of Labor and Employment claiming she had
Thus, the subject clause in the 5th paragraph of Section 10 of been illegally removed. After consideration of the evidence
R.A. No. 8042 is violative of the right of petitioner and other and arguments of the parties, the company was sustained and
OFWs to equal protection. the complaint was dismissed for lack of merit. Nevertheless,
the dispositive portion of labor arbiter’s decision declared:
The subject clause “or for three months for every year of the
unexpired term, whichever is less” in the 5th paragraph of WHEREFORE, the instant complaint is dismissed for lack of
Section 10 of Republic Act No. 8042 merit.
is DECLARED UNCONSTITUTIONAL
Considering that Dr. Bangayan and Mrs. Martinez are not
Note: totally blameless in the light of the fact that the deal happened
When the Court is called upon to exercise its power of judicial outhide the premises of respondent company and that their
review of theacts of its co-equals, such as the Congress, it does act of giving P3,800.00 without any receipt is tantamount to
so only when these conditions obtain: (1) that there is an actual corruption of public officers, complainant must be given one
case or controversy involving a conflict of rights susceptible of month pay for every year of service as financial assistance.
judicial determination; (2) that the constitutional question is
raised by a proper party and at the earliest opportunity; and Both the petitioner and the private respondent appealed to the
(3) that the constitutional question is the very lis mota of the National Labor Relations Board, which upheld the said
case, otherwise the Court will dismiss the case or decide the decision in toto and dismissed the appeals. The private
same on some other ground. respondent took no further action, thereby impliedly
---- accepting the validity of her dismissal. The petitioner,
As discussed earlier, prior to R.A. No. 8042, a uniform system however, is now before us to question the affirmance of the
of computation of the monetary awards of illegally dismissed above- quoted award as having been made with grave abuse
OFWs was in place. This uniform system was applicable even of discretion.
to local workers with fixed-term employment.
The position of the petitioner is simply stated: It is conceded
Article 605 of the Code of Commerce provides: that an employee illegally dismissed is entitled to
Article 605. If the contracts of the captain and reinstatement and backwages as required by the labor laws.
members of the crew with the agent should be However, an employee dismissed for cause is entitled to
for a definite period or voyage, they cannot be neither reinstatement nor backwages and is not allowed any
discharged until the fulfillment of their relief at all because his dismissal is in accordance with law. In
contracts, except for reasons of the case of the private respondent, she has been awarded
insubordination in serious matters, robbery, financial assistance equivalent to ten months pay
theft, habitual drunkenness, and damage corresponding to her 10 year service in the company despite
caused to the vessel or to its cargo by malice her removal for cause. She is, therefore, in effect rewarded
or manifest or proven negligence. rather than punished for her dishonesty, and without any
legal authorization or justification. The award is made on the
Article 605 was applied to Madrigal Shipping Company, Inc. v. ground of equity and compassion, which cannot be a
Ogilvie, in which the Court held the shipping company liable substitute for law. Moreover, such award puts a premium on
for the salaries and subsistence allowance of its illegally dishonesty and encourages instead of deterring corruption.
should be taken against her as it reflects a regrettable lack of
For its part, the public respondent claims that the employee is loyalty that she should have strengthened instead of betraying
sufficiently punished with her dismissal. The grant of financial during all of her 10 years of service with the company. If
assistance is not intended as a reward for her offense but regarded as a justification for moderating the penalty of
merely to help her for the loss of her employment after dismissal, it will actually become a prize for disloyalty,
working faithfully with the company for ten years. In support perverting the meaning of social justice and undermining the
of this position, the Solicitor General cites the cases of efforts of labor to cleanse its ranks of all undesirables.
Firestone Tire and Rubber Company of the Philippines v.
Lariosa and Soco v. Mercantile Corporation of Davao, where Petition granted
the employees were dismissed for cause but were nevertheless
allowed separation pay on grounds of social and Roe V. Wade, Supra
compassionate justice. 410 U.S. 113 (1973)
J. Blackmun
Issue
WON Separation pay is proper. Brief Fact Summary
Appellant Jane Roe, a pregnant mother who wished to obtain
Held an abortion, sued on behalf of all woman similarly situated in
We hold that henceforth separation pay shall be allowed as a an effort to prevent the enforcement of Texas statutes
measure of social justice only in those instances where the criminalizing all abortions except those performed to save the
employee is validly dismissed for causes other than serious life of the mother.
misconduct or those reflecting on his moral character. Where
the reason for the valid dismissal is, for example, habitual Synopsis of Rule of Law
intoxication or an offense involving moral turpitude, like theft Statutes that make criminal all abortions except when
or illicit sexual relations with a fellow worker, the employer medically advised for the purpose of saving the life of the
may not be required to give the dismissed employee mother are an unconstitutional invasion of privacy.
separation pay, or financial assistance, or whatever other
name it is called, on the ground of social justice. Facts
Texas statutes made it a crime to procure or attempt an
A contrary rule would, as the petitioner correctly argues, have abortion except when medically advised for the purpose of
the effect, of rewarding rather than punishing the erring saving the life of the mother. Appellant Jane Roe sought a
employee for his offense. And we do not agree that the declaratory judgment that the statutes were unconstitutional
punishment is his dismissal only and that the separation pay on their face and an injunction to prevent defendant Dallas
has nothing to do with the wrong he has committed. Of course County District Attorney from enforcing the statutes.
it has. Indeed, if the employee who steals from the company is Appellant alleged that she was unmarried and pregnant, and
granted separation pay even as he is validly dismissed, it is that she was unable to receive a legal abortion by a licensed
not unlikely that he will commit a similar offense in his next physician because her life was not threatened by the
employment because he thinks he can expect a like leniency if continuation of her pregnancy and that she was unable to
he is again found out. This kind of misplaced compassion is afford to travel to another jurisdiction to obtain a legal
not going to do labor in general any good as it will encourage abortion. Appellant sued on behalf of herself and all other
the infiltration of its ranks by those who do not deserve the women similarly situated, claiming that the statutes were
protection and concern of the Constitution. unconstitutionally vague and abridged her right of personal
privacy, protected by the First, Fourth, Fifth, Ninth, and
The policy of social justice is not intended to countenance Fourteenth Amendments.
wrongdoing simply because it is committed by the
underprivileged. At best it may mitigate the penalty but it
Issue
certainly will not condone the offense. Compassion for the
Do the Texas statutes improperly invade a right possessed by
poor is an imperative of every humane society but only when
the appellant to terminate her pregnancy embodied in the
the recipient is not a rascal claiming an undeserved privilege.
concept of personal liberty contained in the Fourteenth
Social justice cannot be permitted to be refuge of scoundrels
Amendment’s Due Process Clause, in the personal marital,
any more than can equity be an impediment to the
familial, and sexual privacy protected by the Bill of Rights or
punishment of the guilty. Those who invoke social justice may
its penumbras, or among the rights reserved to the people by
do so only if their hands are clean and their motives blameless
the Ninth Amendment?
and not simply because they happen to be poor. This great
policy of our Constitution is not meant for the protection of
Held
those who have proved they are not worthy of it, like the
workers who have tainted the cause of labor with the The right to personal privacy includes the abortion decision,
blemishes of their own character. but the right is not unqualified and must be considered against
important state interests in regulation.
Applying the above considerations, we hold that the grant of The abortion laws in effect in the majority of the States are of
separation pay in the case at bar is unjustified. The private relatively recent vintage, deriving from statutory changes
respondent has been dismissed for dishonesty, as found by the generally enacted in the latter half of the 19th century. At
labor arbiter and affirmed by the NLRC and as she herself has common law abortion performed before quickening (the first
impliedly admitted. The fact that she has worked with the recognizable movement of the fetus in utero) was not an
PLDT for more than a decade, if it is to be considered at all, indictable offense, and it is doubtful that abortion was ever a
firmly established common law crime even when it destroyed Held
a quick fetus. The statute as applied is unconstitutional because it infringes
on the liberty interests of the plaintiff and fails to reasonably
Three reasons have been advanced for the historical relate to any end within the competency of the state.
enactment of criminal abortion laws. The first is that the laws
are the product of a Victorian social concern to discourage The Fourteenth Amendment encompasses more than merely
illicit sexual conduct, but this argument has been taken the freedom from bodily restraint. The state argues that the
seriously by neither courts nor commentators. The second purpose of the statute is to encourage the English language to
reason is that the abortion procedure is hazardous, therefore be the native tongue of all children raised in the state.
the State’s concern is to protect pregnant women. However, Nonetheless, the protection of the Constitution extends to
modern medical techniques have altered the situation, with those who speak other languages. Education is a fundamental
abortions being relatively safe particularly in the first liberty interest that must be protected, and mere knowledge of
trimester. The third reason is the State’s interest is in the German language cannot be reasonably regarded as
protecting the prenatal life. However, this is somewhat harmful.
negated by the fact that the pregnant woman cannot be
prosecuted for the act of abortion. Discussion
Liberty interests may not be interfered with by the states when
For the stage prior to the approximate end of the first the interference is arbitrary and not reasonably related to a
trimester, the abortion decision must be left to the medical purpose which the state may permissively regulate.
judgment of the pregnant woman’s attending physician, and
may not be criminalized by statute.
These contractual stipulations and related provisions in the The duty of the court is to interpret the enabling Act, RA 1899.
FTAA taken together, grant WMCP beneficial ownership over In so doing, we cannot broaden its meaning; much less widen
natural resources that properly belong to the State and are the coverage thereof. If the intention of Congress were to
intended for the benefit of its citizens. These stipulations are include submerged areas, it should have provided expressly.
abhorrent to the 1987 Constitution. They are precisely the That Congress did not so provide could only signify the
vices that the fundamental law seeks to avoid, the evils that it exclusion of submerged areas from the term “foreshore
aims to suppress. Consequently, the contract from which they lands.”
spring must be struck down. It bears stressing that the subject matter of Pasay City
Ordinance No. 121, as amended by Ordinance No. 158, and
Republic v. CA and Republic Real Estate Corp. the Agreement under attack, have been found to be outside
G.R. No. 103882, November 25, 1998 the intendment and scope of RA 1899, and therefore ultra vires
J. Purisima and null and void.
JPEPA, A Matter of Public Concern While there are certainly privileges grounded on the necessity
of safeguarding national security such as those involving
To be covered by the right to information, the information military secrets, not all are founded thereon. One example is
sought must meet the threshold requirement that it be a matter the “informer’s privilege,” or the privilege of the Government
of public concern xxx not to disclose the identity of a person or persons who furnish
information of violations of law to officers charged with the
From the nature of the JPEPA as an international trade enforcement of that law. The suspect involved need not be so
agreement, it is evident that the Philippine and Japanese offers notorious as to be a threat to national security for this privilege
submitted during the negotiations towards its execution are to apply in any given instance. Otherwise, the privilege would
matters of public concern. This, respondents do not dispute. be inapplicable in all but the most high-profile cases, in which
They only claim that diplomatic negotiations are covered by case not only would this be contrary to long-standing practice.
the doctrine of executive privilege, thus constituting an It would also be highly prejudicial to law enforcement efforts
exception to the right to information and the policy of full in general.
public disclosure.
Also illustrative is the privileged accorded to presidential
Privileged Character of Diplomatic Negotiations Recognized communications, which are presumed privileged without
distinguishing between those which involve matters of
The privileged character of diplomatic negotiations has been national security and those which do not, the rationale for the
recognized in this jurisdiction. In discussing valid limitations privilege being that a frank exchange of exploratory ideas and
on the right to information, the Court in Chavez v. PCGG held assessments, free from the glare of publicity and pressure by
that “information on inter-government exchanges prior to the interested parties, is essential to protect the independence of
conclusion of treaties and executive agreements may be decision-making of those tasked to exercise Presidential,
subject to reasonable safeguards for the sake of national Legislative and Judicial power.
interest.”
In the same way that the privilege for judicial deliberations
Applying the principles adopted in PMPF v. Manglapus, it is does not depend on the nature of the case deliberated upon,
clear that while the final text of the JPEPA may not be kept so presidential communications are privileged whether they
perpetually confidential – since there should be “ample involve matters of national security.
opportunity for discussion before [a treaty] is approved” – the
offers exchanged by the parties during the negotiations It bears emphasis, however, that the privilege accorded to
presidential communications is not absolute, one significant
continue to be privileged even after the JPEPA is published. It
is reasonable to conclude that the Japanese representatives qualification being that “the Executive cannot, any more than
submitted their offers with the understanding that “historic the other branches of government, invoke a general
confidentiality” would govern the same. Disclosing these confidentiality privilege to shield its officials and employees
offers could impair the ability of the Philippines to deal notfrom investigations by the proper governmental institutions
only with Japan but with other foreign governments in future into possible criminal wrongdoing.” This qualification applies
negotiations. whether the privilege is being invoked in the context of a
judicial trial or a congressional investigation conducted in aid
A ruling that Philippine offers in treaty negotiations should of legislation.
not be open to public scrutiny would discourage future
Closely related to the “presidential communications”
privilege is the deliberative process privilege recognized in the As to the power to negotiate treaties, the constitutional basis
United States. As discussed by the U.S. Supreme Court in thereof is Section 21 of Article VII – the article on the Executive
NLRB v. Sears, Roebuck & Co, deliberative process covers Department.
documents reflecting advisory opinions, recommendations
and deliberations comprising part of a process by which xxx
governmental decisions and policies are formulated. Notably,
the privileged status of such documents rests, not on the need While the power then to fix tariff rates and other taxes clearly
to protect national security but, on the “obvious realization belongs to Congress, and is exercised by the President only be
that officials will not communicate candidly among delegation of that body, it has long been recognized that the
themselves if each remark is a potential item of discovery and power to enter into treaties is vested directly and exclusively
front page news,” the objective of the privilege being to in the President, subject only to the concurrence of at least two-
enhance the quality of agency decisions. thirds of all the Members of the Senate for the validity of the
treaty. In this light, the authority of the President to enter into
The diplomatic negotiations privilege bears a close trade agreements with foreign nations provided under P.D.
resemblance to the deliberative process and presidential 1464 may be interpreted as an acknowledgment of a power
communications privilege. It may be readily perceived that already inherent in its office. It may not be used as basis to
the rationale for the confidential character of diplomatic hold the President or its representatives accountable to
negotiations, deliberative process, and presidential Congress for the conduct of treaty negotiations.
communications is similar, if not identical.
This is not to say, of course, that the President’s power to enter
The earlier discussion on PMPF v. Manglapus shows that the into treaties is unlimited but for the requirement of Senate
privilege for diplomatic negotiations is meant to encourage a concurrence, since the President must still enure that all
frank exchange of exploratory ideas between the negotiating treaties will substantively conform to all the relevant
parties by shielding such negotiations from public view. provisions of the Constitution.
Similar to the privilege for presidential communications, the
diplomatic negotiations privilege seeks, through the same It follows from the above discussion that Congress, while
means, to protect the independence in decision-making of the possessing vast legislative powers, may not interfere in the
President, particularly in its capacity as “the sole organ of the field of treaty negotiations. While Article VII, Section 21
nation in its external relations, and its sole representative with provides for Senate concurrence, such pertains only to the
foreign nations.” And, as with the deliberative process validity of the treaty under consideration, not to the conduct
privilege, the privilege accorded to diplomatic negotiations of negotiations attendant to its conclusion. Moreover, it is not
arises, not on account of the content of the information per se, even Congress as a while that has been given the authority to
but because the information is part of a process of deliberation concur as a means of checking the treaty-making power of the
which, in pursuit of the public interest, must be presumed President, but only the Senate.
confidential.
Thus, as in the case of petitioners suing in their capacity as
Clearly, the privilege accorded to diplomatic negotiations private citizens, petitioners-members of the House of
follows as a logical consequence from the privileged character Representatives fail to present a “sufficient showing of need”
of the deliberative process. that the information sought is critical to the performance of the
functions of Congress, functions that do not include treaty-
Does diplomatic privilege only apply to certain stages of the negotiation.
negotiation process?
Did the respondent’s alleged failure to timely claim executive
In Chavez v. PEA and Chavez v. PCGG, the Court held that privilege constitute waiver of such privilege?
with regard to the duty to disclose “definite propositions of
the government,” such duty does not include recognized That respondent invoked the privilege for the first time only
exceptions like privileged information, military and in their Comment to the present petition does not mean that
diplomatic secrets and similar matters affecting national the claim of privilege should not be credited. Petitioner’s
security and public order. position presupposes that an assertion of the privilege should
have been made during the House Committee investigations,
Treaty-making power of the President failing which respondents are deemed to have waived it.
xxx they (petitioners) argue that the President cannot exclude xxx (but) Respondent’s failure to claim the privilege during
Congress from the JPEPA negotiations since whatever power the House Committee hearings may not, however, be
and authority the President has to negotiate international construed as a waiver thereof by the Executive branch. xxx
trade agreements is derived only by delegation of Congress, what respondents received from the House Committee and
pursuant to Article VI, Section 28(2) of the Constitution and petitioner-Congressman Aguja were mere requests for
Sections 401 and 402 of Presidential Decree No. 1464. information. And as priorly stated, the House Committee
itself refrained from pursuing its earlier resolution to issue a
The subject of Article VI Section 28(2) of the Constitution is not subpoena duces tecum on account of then Speaker Jose de
the power to negotiate treaties and international agreements, Venecia’s alleged request to Committee Chairperson
but the power to fix tariff rates, import and export quotas, and Congressman Teves to hold the same in abeyance.
other taxes xxx.
The privilege is an exemption to Congress’ power of inquiry. Regional Assembly as a policy-formulating body and a
So long as Congress itself finds no cause to enforce such Cordillera Executive Board as an implementing arm. The CAR
power, there is no strict necessity to assert the privilege. In this and the Assembly and Executive Board shall exist until such
light, respondent’s failure to invoke the privilege during the time as the autonomous regional government is established
House Committee investigations did not amount to waiver and organized.
thereof.
In these cases, petitioners principally argue that by issuing
“Showing of Need” Test E.O. No. 220 the President, in the exercise of her legislative
powers prior to the convening of the first Congress under the
In executive privilege controversies, the requirement that 1987 Constitution, has virtually pre-empted Congress from its
parties present a “sufficient showing of need” only means, in mandated task of enacting an organic act and created an
substance, that they should show a public interest in favor of autonomous region in the Cordilleras.
disclosure sufficient in degree to overcome the claim of
privilege. Verily, the Court in such cases engages in a Issues
balancing of interests. Such a balancing of interests is certainly 1. WON EO 220 is valid
not new in constitutional adjudication involving fundamental 2. WON CAR is a territorial and political subdivision.
rights. 3. WON the creation of the CAR contravened the
constitutional guarantee of the local autonomy for the
xxx However, when the Executive has – as in this case – provinces (Abra, Benguet, Ifugao, Kalinga-Apayao and
invoked the privilege, and it has been established that the Mountain Province) and city (Baguio City) which
subject information is indeed covered by the privilege being compose the CAR.
claimed, can a party overcome the same by merely asserting
that the information being demanded is a matter of public Held
concern, without any further showing required? Certainly not,
for that would render the doctrine of executive privilege of no Issue 1: Yes
force and effect whatsoever as a limitation on the right to
information, because then the sole test in such controversies A reading of E.O. No. 220 will easily reveal that what it
would be whether an information is a matter of public actually envisions is the consolidation and coordination of the
concern. delivery of services of line departments and agencies of the
National Government in the areas covered by the
Right to information vis-a-vis Executive Privilege administrative region as a step preparatory to the grant of
autonomy to the Cordilleras. It does not create the
xxx the Court holds that, in determining whether an autonomous region contemplated in the Constitution. It
information is covered by the right to information, a specific merely provides for transitory measures in anticipation of the
“showing of need” for such information is not a relevant enactment of an organic act and the creation of an autonomous
consideration, but only whether the same is a matter of public region. In short, it prepares the ground for autonomy. This
concern. When, however, the government has claimed does not necessarily conflict with the provisions of the
executive privilege, and it has established that the information Constitution on autonomous regions, as we shall show later.
is indeed covered by the same, then the party demanding it, if
it is to overcome the privilege, must show that that Moreover, the transitory nature of the CAR does not
information is vital, not simply for the satisfaction of its necessarily mean that it is, as petitioner Cordillera Broad
curiosity, but for its ability to effectively and reasonably Coalition asserts, "the interim autonomous region in the
participate in social, political, and economic decision-making. Cordilleras". The Constitution provides for a basic structure of
government in the autonomous region composed of an
Cordillera Broad Coalition vs. Coa elective executive and legislature and special courts with
G.R. No. 79956, January 29, 1990 personal, family and property law jurisdiction. Using this as a
J. Cortes guide, we find that E.O. No. 220 did not establish an
autonomous regional government. It created a region,
Facts covering a specified area, for administrative purposes with the
EO 220, issued by the President in the exercise of her main objective of coordinating the planning and
legislative powers under Art. XVIII, sec. 6 of the Constitution, implementation of programs and services. To determine
created the CAR. It was created to accelerate economic and policy, it created a representative assembly, to convene yearly
social growth in the region and to prepare for the only for a five-day regular session, tasked with, among others,
establishment of the autonomous region in the Cordilleras. Its identifying priority projects and development programs. To
main function is to coordinate the planning and serve as an implementing body, it created the Cordillera
implementation of programs and services in the region, Executive Board. The bodies created by E.O. No. 220 do not
particularly, to coordinate with the local government units as supplant the existing local governmental structure, nor are
well as with the executive departments of the National they autonomous government agencies. They merely
Government in the supervision of field offices and in constitute the mechanism for an "umbrella" that brings
identifying, planning, monitoring, and accepting projects and together the existing local governments, the agencies of the
activities in the region. It shall also monitor the National Government, the ethno-linguistic groups or tribes,
implementation of all ongoing national and local government and non-governmental organizations in a concerted effort to
projects in the region. The CAR shall have a Cordillera spur development in the Cordilleras.
Issue 2: No the 1987 Constitution, contemplates the grant of political
autonomy and not just administrative autonomy to these
We have seen earlier that the CAR is not the autonomous regions. Thus, the provision in the Constitution for an
region in the Cordilleras contemplated by the Constitution. autonomous regional government with a basic structure
Thus, we now address petitioners' assertion that E.O. No. 220 consisting of an executive department and a legislative
contravenes the Constitution by creating a new territorial and assembly and special courts with personal, family and
political subdivision. After carefully considering the property law jurisdiction in each of the autonomous regions.
provisions of E.O. No. 220, we find that it did not create a new
territorial and political subdivision or merge existing ones into As we have said earlier, the CAR is a mere transitory
a larger subdivision. coordinating agency that would prepare the stage for political
autonomy for the Cordilleras. It fills in the resulting gap in the
Firstly, the CAR is not a public corporation or a territorial and process of transforming a group of adjacent territorial and
political subdivision. It does not have a separate juridical political subdivisions already enjoying local or administrative
personality, unlike provinces, cities and municipalities. autonomy into an autonomous region vested with political
Neither is it vested with the powers that are normally granted autonomy.
to public corporations, e.g. the power to sue and be sued, the
power to own and dispose of property, the power to create its Disomangcop v. Datumanong (Sec of DPWH)
own sources of revenue, etc. As stated earlier, the CAR was G.R. No. 149848, November 25, 2004
created primarily to coordinate the planning and J. Tinga
implementation of programs and services in the covered
areas. Facts
Challenged in the instant petition for certiorari, prohibition
The creation of administrative regions for the purpose of and mandamus with prayer for a temporary restraining order
expediting the delivery of services is nothing new. The and/or writ of preliminary injunction are the constitutionality
Integrated Reorganization Plan of 1972, which was made as and validity of Republic Act No. 8999 entitled “An Act
part of the law of the land by virtue of PD 1, established Establishing An Engineering District in the First District of the
11regions, later increased to 12, with definite regional centers Province of Lanao del Sur and Appropriating Funds
and required departments and agencies of the Executive Therefor,” and Department of Public Works and Highways
Branch of the National Government to set up field offices (DPWH) Department Order No. 119 on the subject, “Creation
therein. The functions of the regional offices to be established of Marawi Sub-District Engineering Office.”
pursuant to the Reorganization Plan are: (1) to implement
laws, policies, plans, programs, rules and regulations of the Pursuant to the constitutional mandate, Republic Act No. 6734
department or agency in the regional areas; (2) to provide (R.A. 6734), entitled “An Act Providing for An Organic Act for
economical, efficient and effective service to the people in the the Autonomous Region in Muslim Mindanao,” was enacted
area; (3) to coordinate with regional offices of other and signed into law on 1 August 1989. The law called for the
departments, bureaus and agencies in the area; (4) to holding of a plebiscite in the provinces of Basilan, Cotabato,
coordinate with local government units in the area; and (5) to Davao del Sur, Lanao del Norte, Lanao del Sur, Maguindanao,
perform such other functions as may be provided by law. Palawan, South Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi,
Zamboanga del Norte, and Zamboanga del Sur, and the cities
CAR is in the same genre as the administrative regions created of Cotabato, Dapitan, Dipolog, General Santos, Iligan,
under the Reorganization Plan, albeit under E.O. No. 220 the Marawi, Pagadian, Puerto Princesa and Zamboanga. In the
operation of the CAR requires the participation not only of the plebiscite, only four (4) provinces voted for the creation of an
line departments and agencies of the National Government autonomous region, namely: Lanao del Sur, Maguindanao,
but also the local governments, ethno-linguistic groups and Sulu and Tawi-Tawi. These provinces became the
non-governmental organizations in bringing about the Autonomous Region in Muslim Mindanao (ARMM). The law
desired objectives and the appropriation of funds solely for contains elaborate provisions on the powers of the Regional
that purpose. Government and the areas of jurisdiction which are reserved
for the National Government. President Aquino issued E.O.
Issue 3: No 426, entitled “Placing the Control and Supervision of the
Offices of the DPWH within the ARMM under the
It must be clarified that the constitutional guarantee of local Autonomous Regional Government, and for other purposes.”
autonomy in the Constitution refers to the administrative
autonomy of local government units or, cast in more technical
language, the decentralization of government authority. Local Nearly nine (9) years later, then DPWH Secretary Gregorio R.
autonomy is not unique to the 1987 Constitution, it being Vigilar issued D.O. 119 (Creation of Marawi Sub-District
guaranteed also under the 1973 Constitution. And while there Engineering Officewhich shall have jurisdiction over all
was no express guarantee under the 1935 Constitution, the national infrastructure projects and facilities under the DPWH
Congress enacted the Local Autonomy Act (R.A. No. 2264) within Marawi City and the province of Lanao del Sur.)
and the Decentralization Act (R.A. No. 5185), which ushered
the irreversible march towards further enlargement of local Almost two years later, President Estrada approved and
autonomy in the country. signed into law R.A. 8999 (establishing engineering district in
lanao del sur).
On the other hand, the creation of autonomous regions in
Muslim Mindanao and the Cordilleras, which is peculiar to
Congress later passed R.A. 9054, entitled “An Act to enforcement of D.O. 119 and R.A. 8999. Such injury is direct
Strengthen and Expand the Organic Act for the Autonomous and immediate. Thus, they can legitimately challenge the
Region in Muslim Mindanao, Amending for the Purpose validity of the enactments subject of the instant case.
Republic Act No. 6734, entitled An Act Providing for the
Autonomous Region in Muslim Mindanao, as Amended.” Issue 2
WON Republic Act No. 8999 was valid
On 23 July 2001, petitioners addressed a petition to DPWH
Secretary Simeon Datumanong, seeking the revocation of D.O. Held
119 and the non-implementation of R.A. 8999. No action, No. The challenged law never became operative and was
however, was taken on the petition. superseded or repealed by a subsequent enactment. The
ARMM Organic Acts are deemed a part of the regional
Petitioners allege that D.O. 119 was issued with grave abuse autonomy scheme. While they are classified as statutes, the
of discretion and that it violates the constitutional autonomy Organic Acts are more than ordinary statutes because they
of the ARMM. They point out that the challenged Department enjoy affirmation by a plebiscite. Hence, the provisions thereof
Order has tasked the Marawi Sub-District Engineering Office cannot be amended by an ordinary statute, such as R.A. 8999
with functions that have already been devolved to the DPWH- in this case. The amendatory law has to be submitted to a
ARMM First Engineering District in Lanao del Sur. plebiscite.
Petitioners also contend that R.A. 8999 is a piece of legislation Although R.A. 9054 was enacted later, it reaffirmed the
that was not intelligently and thoroughly studied, and that the imperativeness of the plebiscite requirement. In fact, R.A.
explanatory note to House Bill No. 995 (H.B. 995) from which 9054 itself, being the second or later ARMM Organic Act, was
the law originated is questionable. Petitioners assert as well subjected to and ratified in a plebiscite.
that prior to the sponsorship of the law, no public hearing nor
consultation with the DPWH-ARMM was made. The House The first ARMM Organic Act, R.A. 6074, as implemented by
Committee on Public Works and Highways (Committee) E.O. 426, devolved the functions of the DPWH in the ARMM
failed to invite a single official from the affected agency. which includes Lanao del Sur (minus Marawi City at the time)
Finally, petitioners argue that the law was skillfully timed for to the Regional Government. By creating an office with
signature by former President Joseph E. Estrada during the previously devolved functions, R.A. 8999, in essence, sought
pendency of the impeachment proceedings. to amend R.A. 6074. The amendatory law should therefore
first obtain the approval of the people of the ARMM before it
Issue 1 could validly take effect. Absent compliance with this
Preliminaries requirement, R.A. 8999 has not even become operative.
ISSUE FACTS
Whether or not the COMELEC may prohibit the posting of Petitioner Pamatong filed his Certificate of Candidacy (COC)
decals and stickers on “mobile” places, public or private, and for President. Respondent COMELEC declared petitioner and
limit their location or publication to the authorized posting 35 others as nuisance candidates who could not wage a
areas that it fixes. nationwide campaign and/or are not nominated by a political
party or are not supported by a registered political party with
HELD a national constituency.
The petition is hereby GRANTED. The portion of Section 15
(a) of Resolution No. 2347 of the COMELEC providing that Pamatong filed a Petition For Writ of Certiorari with the
“decals and stickers may be posted only in any of the Supreme Court claiming that the COMELEC violated his right
authorized posting areas provided in paragraph (f) of Section to “equal access to opportunities for public service” under
21 hereof” is DECLARED NULL and VOID. The COMELEC’s Section 26, Article II of the 1987 Constitution, by limiting the
prohibition on posting of decals and stickers on “mobile” number of qualified candidates only to those who can afford
places whether public or private except in designated areas to wage a nationwide campaign and/or are nominated by
provided for by the COMELEC itself is null and void on political parties. The COMELEC supposedly erred in
constitutional grounds. The prohibition unduly infringes on disqualifying him since he is the most qualified among all the
the citizen’s fundamental right of free speech enshrined in the presidential candidates, i.e., he possesses all the constitutional
Constitution (Sec. 4, Article III). Significantly, the freedom of and legal qualifications for the office of the president, he is
expression curtailed by the questioned prohibition is not so capable of waging a national campaign since he has numerous
much that of the candidate or the political party. The national organizations under his leadership, he also has the
regulation strikes at the freedom of an individual to express capacity to wage an international campaign since he has
his preference and, by displaying it on his car, to convince practiced law in other countries, and he has a platform of
others to agree with him. government.