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LEGAWRI Case Digest

1) Petitioners filed a class action lawsuit challenging the constitutionality of Batas Pambansa Blg. 129, which gave the President the power to mandate the separation of justices and judges from inferior courts. 2) The Solicitor General argued that the law was a legitimate exercise of the legislative power to reorganize the judiciary, and that claims of lack of good faith and attacks on judicial independence were unjustified. 3) The Supreme Court dismissed the petition and upheld the constitutionality of the law, finding that it was a valid reorganization of the judiciary in response to pressing needs.

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Ally Nisce
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43 views1 page

LEGAWRI Case Digest

1) Petitioners filed a class action lawsuit challenging the constitutionality of Batas Pambansa Blg. 129, which gave the President the power to mandate the separation of justices and judges from inferior courts. 2) The Solicitor General argued that the law was a legitimate exercise of the legislative power to reorganize the judiciary, and that claims of lack of good faith and attacks on judicial independence were unjustified. 3) The Supreme Court dismissed the petition and upheld the constitutionality of the law, finding that it was a valid reorganization of the judiciary in response to pressing needs.

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Ally Nisce
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NISCE, Alyssa Angela R.

May 24, 2018


11510196 LEGAWRI K31

Case Digest: De La Llana vs. Alba, G.R. No. L-57883

Facts:
Petitioners filed a taxpayer class suit assailing the constitutionality of Batas Pambansa
Blg. 129. The assailed legislation gives the President the power to mandate that justices and
judges of inferior courts from the Court of Appeals to municipal circuit courts, except the
occupants of the Sandiganbayan and the Court of Tax Appeals, unless appointed to the inferior
courts established by such Act, would be considered separated from the judiciary. Petitioners
claimed that this is an undue delegation of legislative power to the President attended by lack of
good faith. Solicitor General Estelito P. Mendoza, however pointed out that there is no valid
justification for the unconstitutionality of this statute, since it is a legitimate exercise of the power
vested in the Batasang Pambansa to reorganize the judiciary. The allegations of absence of
good faith as well as the attack on the independence of the judiciary is unjustified.

Issue/s:
Whether or not Batas Pambansa Blg. 129 should be declared unconstitutional due to the
violation of the security of tenure clause of justices and judges provided in the Constitution

Ruling:
The Supreme Court dismissed the petition. The unconstitutionality of Batas Pambansa
Blg. 129 was not proven. It held that the statute was in answer to a pressing need for a major
reorganization of the judiciary.

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