GROUP No.

3 ● The Congress, may, by law, authorize the

President to exercise the so-called tariff powers
Corpuz, Leandro Jr. M. ● To fix within specified limits, and subject to
Dela Cruz, John Remar G. such limitations and restrictions as it may
Mercado, Jao Renzo L. impose, tariff rates, import and export quotas,
Mordido, Ann Kenny S. tonnage and wharfage dues, and other duties or
Ursal, Vinice Nicole S. imposts 
Zabaldica, Hannz J. ● The same should be within the framework of the
national development program of the
Government. 
E. Delegation of Powers ● May be delegated to the President’s alter egos
in accordance with the legislative sanction. – For
GENERAL RULE:  WHAT HAS BEEN DELEGATED Tariffs – it is generally the Secretary of Finance
SHOULD NOT BE FURTHER DELEGATED 
(Potestas delegate non delagare potest) Pursuant to Sec. 28(2), Art. VI of the Constitution, it
is worthy to note that:
● Power is not merely authority that may be
exercised. But it signifies the choice of the 1. It is Congress which authorizes the President to
appropriate officials or institutions upon whom impose tariff rates, etc. since taxation is
such matters of important state business had
inherently legislative in nature and not executive.
been vested based on their sense of
responsibility, accountability, and patriotism. 2. The authorization granted to the President must
● A further delegation of such power, unless be embodied in a law.
permitted, would constitute a negation of this 3. The authorization to the President can be
duty in violation of the trust reposed in the exercised only within the specified limits set in
delegate. the law and is further subject to limitations and
  restrictions which Congress may impose. (within
One of the settled maxims in constitutional law – the respective spheres
The power conferred upon to the legislature to
make laws cannot be delegated:
Local Governments
1.   Separation of Power 
2.   Due Process of Law  ● Local governments may exercise police power,
3.   Delegata potesta non potest delegari power of eminent domain and the power to tax
  in accordance and in conformity with national
EXCEPTIONS: laws and policies set out by the Congress.
● It’s purpose is to promote local autonomy.
1.   Emergency powers to the President
2.   Tariff powers of the President  Local authorities are better aware of the
3.   Delegation to local governments problems, needs and interests of their
4.   Delegation to Administrative bodies of the communities and with these powers, they would
power of subordinate legislation be able to attend to local concerns in an
5.   Delegation to the People at large effective manner.
 
● Exception: The creation, division, merger and
Emergency Powers abolishment of provinces, cities, municipalities
and barangays is decided by a majority of the
For the delegation of emergency powers to the President votes cast in a plebiscite in the political units
to be valid, the following requisites must concur: directly affected.

● It is done during war or national emergency NOTE: The purpose for which the foregoing powers
● It must allow the President to exercise such have been delegated is to enable local authorities
powers which are necessary and proper to to attend to local concerns in an effective and
carry out a declared national policy meaningful manner.
● Such exercise must be subject to restrictions
prescribed by the congress 
● Such exercise must be for a limited period
only..

Tariff Powers Delegation to Administrative bodies of the power of

subordinate legislation
 specialized areas of law, technology and
● Administrative agencies are clothed with rule- other concerns
making powers. The only requirement is that the
regulation must be germane to the objects
and purposes of the law. Delegation to the People at Large
o They are granted the rule-making power
only to fill up the details of the law for its ● Republic Act (RA) 6735 – The Initiative and
enforcement (supplementary rule- Referendum Act as authorized by the
making) or ascertaining facts to bring constitutional mandate for the creation of a
the law into actual operation (contingent system of legislation by initiative and referendum
rule-making).  ● A plebiscite is required in the creation,division,
o They are also being granted quasi- merger, abolition of province, city, municipality,
judicial functions to deal with the or barangay or the substantial alteration of its
problems in the particular field assigned boundary.
to them.
● It’s purpose is to promote public interest.  NOTE: These are more of reservations of power by
o Congress could not always be in a the people than delegations considering the fact that
position to attend to new developments, the people are repositories of all governmental
or to look into the nitty gritty of certain powers.

CASES ASSIGNED

1. Araneta v. Dinglasan, It is clear from the language of Sec 3 of CA No. 671 that
84 Phil. 368 (1949) the legislature intended to limit the duration of the Act
(Emergency Powers) when it provided that there was to be only one meeting
of Congress at which the President was to give an
Facts: account of his trusteeship. 

In view of the state of world war in 1941, Commonwealth Moreover, giving much weight on the statements of
Act (CA) No. 671 (Emergency Powers Act) was enacted Pres. Quezon in his autobiography, it was held that CA
by the National Assembly (NA). No. 671 was enacted with the specific view of the
inability of the NA to meet. 
It authorized the President to promulgate rules and
regulations to meet such emergency.  Furthermore, the sole reason for the enactment of CA
No. 671 was the inability for the Congress to function;
Petitioners (i.e., Araneta, Ma. Guerrero, Rodriguez, such emergency period should thus end with the
Barredo) are being charged of violating different convening of the National Assembly. 
Executive Orders (EOs) in virtue of CA No. 671.
Hence, EOs issued before the adjournment of the
Petitioners challenged the validity of these EOs. regular session of the Congress in 1946 are valid, but
EOs issued after the said date are null and void.
However, CA No. 671 did not expressly fix the term of its
effectiveness. 2. Rodriguez v. Gella,
92 Phil. 603 (1953)
Issue: (Emergency Powers)

Whether or not CA No. 671 has ceased to have any Facts:

force and effect.
Notwithstanding the ruling in Araneta v. Dinglasan, Pres.
Ruling: Quirino continued to exercise his emergency powers
under CA No. 671, promulgating Executive Orders (EOs)
YES. CA No. 671 became inoperative when Congress No. 545 and 546 appropriating public funds for public
met in regular session. The intention of the act has to be works and the relief of victims of calamities.
sought for in its nature, object to be accomplished, the
purpose to be sub-served and its relation to the Petitioners sought to invalidate EOs No. 545 and 546.
Constitution. Article VI of the Constitution provides that
any law passed by virtue thereof should be “for a limited House Bill (HB) No. 727 sought to repeal all Emergency
period”. These words are used in the constitution beyond Powers Acts but was vetoed by the President. HB No.
question intended to mean restrictive in duration. 727 may at least be considered as a concurrent
resolution of the Congress to formally declare the Issue:
termination of the emergency powers. 
Whether or not the positive final determination by the
Issue: Tariff Commission an indispensable requisite to the
imposition of general safeguard measures.
Whether or not the EOs are still valid and operative?
Also, whether or not a revocation of special powers Ruling:
granted to the president requires it to be a law.
YES. Positive final determination by the TC an
Ruling: indispensable requisite to the imposition of general
safeguard measures
NO. Express repeal in this case is unnecessary;
otherwise it would be unconstitutional since it may never The required positive determination of the TC is a
be repealed by Congress, or if Congress attempts to do properly enacted constitutional limitation imposed on the
so, the President may wield his veto.  delegation of legislative power to impose tariffs and
imposts to the President under Sec. 28(2), Art. VI of the
This in fact happened when the President vetoed HB No. Constitution.
727, repealing all Emergency Powers Acts. 
4. Philippine Airlines, Inc. v. Civil Aeronautics Board,
Moreover, although HB No. 727 had been vetoed by the 270 SCRA 538 (1997)
President and did not thereby become a regular statute, (Delegation to Administrative bodies of the power of
it may at least be considered as a concurrent resolution subordinate legislation)
of the Congress formally declaring the termination of the
emergency powers. Facts:

While Congress might delegate its power by a simple Grand International Airways, Inc. (GrandAir) applied for
majority, it might not be able to recall them by two-thirds a Certificate of Public Convenience and Necessity with
vote. (in other words, it would be easier for congress to the Civil Aeronautics Board (CAB).
delegate its powers than to take them back. 
Philippine Airlines, Inc. (PAL), the holder of a legislative
franchise to operate air transport services, filed an
3. Southern Cross Cement Corporation v. Cement Opposition to the application for a Certificate of Public
Manufacturers Association of the Philippines, Convenience and Necessity on the grounds of that the
465 SCRA 532 (2005) CAB has no jurisdiction to hear GrandAir’s application
(Tariff Powers) until the latter has first obtained a franchise to operate
from Congress.
Facts:
Issue:
Congress enacted Republic Act (RA) No. 8800 or the
Safeguard Measures Act (SMA) which was one of the Whether or not the Congress, in enacting Republic Act
laws that followed the Philippines’ ratification of the (RA) No. 776, has delegated the authority to authorize
General Agreement on Tariff and Trade (GATT) and the the operation of domestic air transport services to the
World Trade Organization (WTO). respondent Board, such that Congressional mandate for
the approval of such authority is no longer necessary?
Philmecor (cement manufacturers) filed a petition with
the Department of Trade and Industry (DTI) seeking the Ruling:
imposition of safeguard measures on gray Portland
cement. YES. It is recognized that a franchise may be derived
indirectly from the state through a duly designated
DTI issued a provisional safeguard measure and the agency, and to this extent, the power to grant franchises
Tariff Commission (TC) made a formal investigation to has frequently been delegated, even to agencies other
determine whether safeguard measures must be made than those of a legislative nature. 
on imports of gray Portland cement.

DTI opposed the findings of the TC but denied

Philmecor’s application for safeguard measures because
of TC’s findings.
5. Philippine Interisland Shipping Association of the
The decision was appealed to the Court of Appeals (CA) Philippines v. Court of Appeals,
but even if it hasn’t been decided yet by the CA, the DTI 266 SCRA 489 (1997)
Secretary issued a Decision ruling that safeguard (Delegation to Administrative bodies of the power of
measures must be imposed. subordinate legislation)
Facts: February 16, 1996: The HDMF President disapproved
petitioner’s application on the ground that it has non
President Ferdinand E. Marcos issued Executive Order housing benefits and its retirement plan is not superior to
(EO) No. 1088 which provides a uniform and modified that provided by the Fund.
rate for pilotage services rendered to foreign and
coastwise vessels in all private and public ports.  Petitioner appealed to the HDMF BOT and subsequently
to the Court of Appeals. Both were denied.
The Philippine Ports Authority (PPA) refused to enforce
the executive order on the ground that it had been drawn Petitioner filed for petition for certiorari
hastily.
Issue:
Issue:
Does HDMF BOT acted with grave abuse of discretion in
Whether or not the EO No. 1088 is valid and petitioners denying petitioner’s application for renewal?
are bound to obey it
Does HDMF BOT has the authority to amend its IRR?
Ruling:
Ruling:
YES. The fixing of rates is essentially a legislative
power. No. there is no showing that HDMF arbitrarily,
There is no basis for petitioners’ argument that rate whimsically, or capriciously denied petitioner’s
fixing is merely an exercise of administrative power. application for renewal or waiver. It conducted
investigation, comparison, evaluation, and deliberation of
The orders previously issued by the PPA were in the petitioner’s retirement plan vis-à-vis the Fund.
nature of subordinate legislation, promulgated by it in the
exercise of delegated power. As such these could only Yes, the legislative power is the power to make, alter,
be amended or revised by law, as the President did by and repeal laws. Legislature cannot foresee every
EO No. 1088. contingency involved in a particular problem that it seeks
to address. Thus, it has become customary for it to
6. Yazaki Torres Manufacturing, Inc. v. Court of delegate to instrumentalities of the executive
Appeals, department, known as administrative agencies, the
493 SCRA 86 (2006) power to make rules and regulations. Doctrine of
(Delegation to Administrative bodies of the power of Necessary Implication also implies that the granting of
subordinate legislation) power to formulate implementing rules and regulations
must necessarily include the power to amend, revise,
Facts: alter, or repeal the same.
June 11, 1978: Presidential Decree (PD) No. 1530 was 7. Pelaez vs Auditor General,
signed into law, creating the PAG-IBIG FUND. The 15 SCRA 569 (1965)
Home Development Mutual Fund (HDMF) was the (The power conferred upon to the legislature to make
government agency tasked with the administration of the laws cannot be delegated)
Fund.
Facts:
July 18, 1994: the Board of Trustees (BOT) of HDMF
promulgated Implementing Rules and Regulation of RA The President of the Philippines issued Executive Order
7742 in which Rule VII provides that an employer who Nos 93 to 121, 124, and 126 to 129; creating (33)
has an existing provident or retirement plan, with municipalities from September 4 to October 29, 1964
features superior to the Fund, may apply for waiver or pursuant to Section 68 of the Revised Administrative
suspension of coverage. The certificate of waiver shall Code.
be valid for a year, subject to renewal, within (60) days
prior to expiration of the existing waiver or suspension. On November 10, 1964, Emmanuel Pelaez, Vice
President of the Philippines and as taxpayer, instituted a
For the year 1995: Petitioner was granted a waiver from writ of prohibition with preliminary injuction against the
the Fund coverage. Auditor General, to restrain him, as well as his
representatives and agents, from passing in audit any
September 1, 1995: HDMF BOT amended Rule VII IRR expenditure of public funds in implementation of the
of RA 7742 stating that, “An employer with a plan executive orders and/or any disbursement by said
providing both for a provident/retirement and housing municipalities.
benefits for all his employees…must be superior to the
provident/retirement and housing benefits offered by the Petitioner alleges that the EOs are null and void upon
Fund”. the ground that Section 68 has been impliedly repealed
by RA 2370 (Barrio Charter Act)
Issue:  Whether a municipality whose creation was previously
voided by the Court may attain recognition in the
Whether or Not the provision of section 68 constitute an absence of any curative or reimplementing statute?
undue delegation of legislative power?
Ruling:
Ruling:
No. Camid was not able to show factual demonstration
Yes. The authority to create municipal corporations is of the continuous exercise by the municipal corporation
essentially legislative in nature. As the Supreme Court of of its corporate powers, where it would afford a title by
Washington has put it (Territory ex rel. Kelly vs. Stewart, prescription.
23 Pac. 405), “municipal corporations are purely the In the case of Municipality of San Andres, the Court
creatures of the statutes” considered the following factors which considered a
municipality as a “de facto municipal corporation”.
Requisites for valid delegation of power
A. be complete in itself, setting forth therein the -The fact that for nearly 30 years the validity of creation
policy to be executed, carried out or of the municipality had never been challenged.
implemented by the delegate;
B. fix a standard—the limits of which are sufficiently -Following the ruling in Pelaez no quo warranto suit was
determinate or determinable—to which the filed to question the validity of the EO creating the
delegate must conform in the performance of his municipality of San Andres.
functions.
-The fact that the municipality was later classified as fifth
8. Camid v. Office of the President, class municipality organized as part of a municipal circuit
448 SCRA 711 (2005) court and considered as part of a legislative district.
(The power conferred upon to the legislature to make  
laws cannot be delegated) No. The eminent doctrine enunciated in Pelaez case
was that the President was then, and still is, not
Facts: empowered to create municipalities through executive
issuances. However, the Court has ultimately nullified
In 1965, an EO issued by then President Arroyo creating only the thirty-three(33) municipalities whose existence
the Municipality of Andong was declared by SC as void was specifically assailed in Pelaez case. This includes
as promulgated in its Pelaez v. Auditor General ruling. the municipality of Andong.

Camid alleges that although no person has been The enactment of the Local Government Code(LGC) of
appointed, elected, or qualified to serve any of its 1991 which aims to put to rest any doubt as to the de
elective local government positions in Andong, it “has jure character of a municipality also does not give cure
metamorphosed into a full-blown municipality with a to the legality of the municipality of Andong. Section
complete set of officials appointed  to handle essential 442(d) of the LGC requires that in order that the
services for the municipality and its constituents”. municipality created by executive order may receive
recognition, they must "have their respective set of
He alleges that Andong is already a “de facto municipal elective municipal officials holding office at the time of
corporation” similar to Municipality of San Andres in the the effectivity of [the Local Government]
case of Municipality of San Narciso vs Hon. Mendez. Code." Camid admits that Andong has never elected its
municipal officers at all.
He also alleges that Andong is covered by Section
442(d) of the LGC of 1991 which states that “Existing 9. Sema v. Commission on Elections,
municipal districts organized pursuant to presidential 558 SCRA 700 (2008)
issuances or EOs and which have their respective sets (The power conferred upon to the legislature to make
of elective municipal officials holding office at the time of laws cannot be delegated)
effectivity of the Code shall henceforth be considered as
regular municipalitis. Facts:

On August 28, 2006, the ARMM Regional Assembly,

exercising its power to create provinces under Section
19 of RA 9054, enacted Muslim Mindanao Autonomy Act
No. 201 creating the Province of Shariff Kabunsuan.
Issue: On May 10, 2007, the COMELEC issued Resolution
7902 renaming the legislative district combining the said
Whether or Not Andong is a “de facto municipal province with Cotabato as "Shariff Kabunsuan Province
corporation” with Cotabato City."
Sema, here petitioner, questioned the Resolution
combining the Shariff Kabunsuan and Cotabato CIty into Whether or not, the appointment of the General Manager
a single legislative district.  of the PTA can be delegated.

Issue: Ruling:

Whether or not the Congress can delegate to the No. The presidential decree, which created the PTA,
Regional Assembly the power to create provinces. provides that the appointment of the General Manager of
the PTA shall be made by the President of the
Ruling: Philippines, not by any other officer. Appointment may
be defined as the selection, by the authority vested with
No. SC ruled that Section 19, RA 9054, insofar as it the power, of an individual who is to exercise the
grants to the Regional Assembly the power to create functions of a given office. Designation, on the other
provinces and cities, is void. Only Congress can create hand, connotes merely the imposition by law of
provinces and cities because the creation of provinces additional duties on an incumbent official, and is
and cities necessarily includes the creation of legislative considered only an acting or temporary appointment.
districts, a power only Congress can exercise under Appointment results in security of tenure for the person
Section 5, Article VI of the Constitution.   chosen while designation does not confer security of
tenure on the person named. Appointment involves the
Other Considerations exercise of discretion, which because of its nature
cannot be delegated. It was not possible for Minister
The principle of non-delegability also applies to powers Gonzales to assume the exercise of that discretion as
pertaining to the President and the judiciary. an alter ego of the President. Binamira’s designation
being merely provisional, could be recalled at will, as in
● The president cannot delegate certain acts that fact it was recalled by the President herself, through the
he must do personally, like the approval or veto memorandum she addressed to Secretary Garrucho on
of bills, the appointment of certain officials, January 4, 1990. Because the position was only
permissible fund transfers and the exercise of designated to Binamira by Minister Gonzales, Binamira
the commander-in-chief powers. never acquired valid title to the disputed position and so
● The courts could not abdicate their judicial has no right to be reinstated as General Manager of
power in favor of other agencies. the PTA. The petitioner's claim of security of tenure was
rejected.
The Congress cannot delegate to its individual members
the power that is to be exercised by it as a body An officer to whom a discretion is entrusted cannot
delegate it to another, the presumption being that he
was chosen because he was deemed fit and competent
10. Binamira v. Garrucho, Jr., to exercise that judgment and discretion, and unless the
188 SCRA 154 (1990) power to substitute another in his place has been given
(Non-delegability of Presidential Powers) to him, he cannot delegate his duties to another.

Facts:
11. Llamas v. Orbos,
On April 7, 1986, petitioner Ramon P. Binamira was 202 SCRA 844 (1991)
designated as General Manager of the Philippine (Executive Clemency Power of the President)
Tourism Authority (PTA) by Jose Antonio Gonzales, who
is the Minister of Tourism and Chairman of PTA board.  Facts:

On January 2, 1990, Peter D. Garrucho, the new On September 21, 1990, respondent Mariano Un
Secretary of Tourism and the respondent in this case, Ocampo, who is the incumbent Governor of Tarlac, was
demanded for Binamira’s resignation.  found guilty of violating the Anti-Graft and Corrupt
Practices Act and was given a penalty of suspension for
On Jan. 4, 1990, President Aquino sent a memorandum ninety (90) days.
to Garrucho, copy furnished Binamira, designating
Garrucho as General Manager until she can appoint a On March 1, 1991, petitioner Rodolfo D. Llamas, who is
person to serve in the said office in a permanent the incumbent Vice-Governor of Tarlac, assumed office.
capacity.  Under the administrative suspension order, Llamas had
up to May 31, 1991, as acting governor. 
Binamira filed a petition to seek reinstatement to the
office of General Manager of the PTA, claiming that he Respondent Oscar Orbos, who is the Executive
was removed without just cause in violation of his Secretary, filed for a Motion for Reconsideration, which
security of tenure. he later withdrew for a petition for executive clemency.

Issue:
On May 15, 1991, Orbos issued a resolution granting NPC DAMA filed a Petition for Injunction to restrain NPB
Ocampo of executive clemency in the sense that his 90- from implementing the said resolutions contending that
day suspension is reduced to the period already served. the NPB resolutions are void and without force and
Ocampo resumed governorship of Tarlac. effect because said resolutions were not passed and
issued by a majority of the members of the duly
Llamas filed a petition on the grounds that executive constituted Board of Directors under the EPIRA Law.
clemency could be granted by the President only in Only three of the nine members of NPB were present
criminal cases, and that his rights to due process were and the other four members who were present at the
violated because he was not notified of the grant of the meeting and signed the resolutions were not the
executive clemency. secretaries of their respective departments but were
merely representatives or designated alternates of the
Issue: officials who were named under the EPIRA Law to sit as
members of NPB.
Whether or not, the President has the power to grant
executive clemency in administrative cases. Issue:

Ruling: Whether or not, the NPB members can delegate their

power to approve and vote for resolutions to their
Yes. Section 19 of Article VII of the Constitution, which representatives.
states that “Except in cases of impeachment, or as
otherwise provided in this Constitution, the President Ruling:
may grant reprieves, commutations, and pardons, and
remit fines and forfeitures, after conviction by final No. The legislature has vested upon the members of
judgment”, does not distinguish between which cases NPB the power to exercise their judgment and discretion
executive clemency may be exercised by the President, in running the affairs of NPC. It is to be presumed that in
with the sole exclusion of impeachment cases. If naming the respective department heads as members of
executive clemency may be exercised only in criminal the board of directors, the legislature chose these
cases, following petitioner’s interpretation, it would be secretaries of the various executive departments on the
unnecessary to provide for the exclusion of basis of their personal qualifications and acumen which
impeachment cases as the same do not necessarily made them eligible to occupy their present positions as
involve criminal offenses. If the President can grant department heads. Thus, the department secretaries
reprieves, commutations and pardons, and remit fines cannot delegate their duties as members of NPB, much
and forfeitures in criminal cases, with much more reason less their power to vote and approve board resolutions,
can she grant executive clemency in administrative because it is their personal judgment that must be
cases, which are clearly less serious than criminal exercised in the fulfillment of such responsibility. In
offenses. In addition, the burden of proof placed on effect, there were only three valid votes cast out of the
criminal cases, which is proof beyond reasonable doubt, nine board members, which renders the resolution void
is heavier than the burden of proof placed on and are of no legal effect.
administrative cases, which is mere substantial
evidence. It will therefore be unjust and unfair for those 13. People v. Dacuycuy,
found guilty administratively of some charge if the same 173 SCRA 90 (1989)
effects of pardon or executive clemency cannot be (Non-delegability of Legislative Powers to the Judiciary)
extended to them, even in the sense of modifying a
decision to subserve the interest of the public.  Facts:

12. NPC Drivers and Mechanics Association (NPC Several public school officials were charged for violation
DAMA) v. National Power Corporation, of Republic Act (RA) No. 4670 (Magna Carta for Public
503 SCRA 138 (2006) School Teachers) before the Municipal Court of
(Non-delegability of Vested Powers that Needs Hindang, Leyte. The school officials filed a motion to
Discretion) quash the complaint for lack of jurisdiction, which was
denied, and subsequently filed a motion for
Facts: reconsideration for lack of jurisdiction and on the ground
that the Section 32 of the RA No. 4670 is
Pursuant to the Electric Power Industry Reform Act of unconstitutional. Section 32 provides for a penal
2001 (EPIRA Law), NPC through the National Power provision stating that, “…upon conviction, be punished
Board of Directors (NPB) passed a resolution which by a fine of not less than one hundred pesos nor more
provided for the Guidelines on the Separation Program than one thousand pesos, or by imprisonment, in the
of NPC and the Selection and Placement of Personnel in discretion of the court.” They argue that as the law did
the NPC Table of Organization. The resolution included not provide for a term of imprisonment, the punishment
the termination of all employees of NPC and their may run to reclusion perpetua. The motion for
entitled separation benefits. reconsideration was also denied. The school officials
filed a petition for certiorari (a court process to seek
judicial review of a decision of a lower court or
government agency) and prohibition with preliminary Associated Labor Union to the Trade Union Congress of
injunction to restrain the municipal judge from the Philippines.
proceeding with the trial of their case.
Ruling:
Issue:
No. The referral of the appeal to the TUCP is glaringly
Whether or not, the courts can fix the term of illegal and void.
imprisonment in Section 32 of the RA No. 4670.
The Labor Code never intended that the Director of
Ruling: Labor Relations should abdicate, delegate and relinquish
his arbitrational prerogatives in favor of a private person
No. It is not for the courts to fix the term of imprisonment or entity or to a federation of trade unions. Such a
where no points of reference have been provided by the surrender of official functions is an anomalous,
legislature. The judiciary is only delegated with the deplorable and censurable renunciation of the Director’s
discretion to fix the length of service of a term of adjudicatory jurisdiction in representation cases.
imprisonment that is within specific or designated limits
provided by law, the absence of which designated limits Article 226 of the Labor Code provides in peremptory
would be an undue delegation, if not an outright intrusion terms that the Bureau of Labor Relations and the labor
into or assumption, of legislative power. In conclusion, relations divisions in the regional offices of the Ministry
with the deletion by invalidation of the provision on of Labor “shall have original and exclusive authority to
imprisonment in Section 32, the imposable penalty for act, at their own initiative or upon request of either or
violations of said law should be limited to a fine of not both parties, on all inter-union and intra-union conflicts,
less than P100.00 and not more than P1,000.00. and all disputes, grievances or problems arising from or
affecting labor management relations in all workplaces
Congress as the lawmaker defines acts constitutive of whether agricultural or non-agricultural, except those
crimes and provides for the sanctions for their arising from the implementation or interpretation of
commission. This prerogative cannot be delegated to the collective bargaining agreements which shall be the
juridiacy, which must only apply the law. subject of grievance procedure and/or voluntary
arbitration.

14. Ilaw at Buklod ng Manggagawa v. Director of There is another aspect of this case which should be
Labor Relations underscored. And that is that the Labor Code never
91 SCRA 482 (1979) intended that the original record of a labor case, an
(Non delegation of powers to private parties) official public record, should be removed from the
legitimate custodian thereof and entrusted to a private
Facts: person or entity. It should be obvious that the delivery of
an official public record to a private person is fraught
This is a certification election case. On June 24, 1976, or with mischievous consequences. (See sec. 27, Rule
within sixty days prior to the expiration on August 19, 132. Rules of Court on irremovability of public record.)
1976 of the unregistered collective bargaining
agreement between the Associated Labor Unions and The petitioner and the Director could have reconstituted
the General Milling Corporation. Ilaw at Buklod ng the record and the Director could have decided the
Manggagawa, a duly registered labor union, filed with appeal on the basis of the reconstituted record instead of
the Regional Office No. 7 at Cebu City of the Ministry of awaiting the pleasure of the TUCP’s officers for the
Labor a petition for ‘Certification Election’. return of the original record.

The med-arbiter in his order of October 12, 1976 granted 15. Association of Philippine Coconut Desiccators v.
the petition. The Associated Labor Unions appealed Philippine Coconut
from that order to the Director of Labor Relations. Authority, 286 SCRA 109 (1998)
(Acting beyond the power vested)
Instead of deciding on the appeal promptly, the Director
turned over the case to the Trade Union Congress of the Facts:
Philippines, a federation of labor unions, allegedly by
virtue of an arrangement between the Ministry of Labor Philippine Coconut Authority (PCA) issued a resolution,
and the said federation that cases involving its member- Board Resolution No. 018-93, dated March 24, 1993,
unions must first be referred to it for possible settlement stating that it will no longer require those wishing to
in accordance with its Code of Ethics. engage in coconut processing to apply to it for a license
or permit as a condition for engaging in such business
Issue: and it be only limited to simply registering the coconut
product processor for the purpose of monitoring their
Whether or not, it was legal and proper for the Director volumes of production and administration of quality
of Labor Relations to turn over the appeal of the standards.
Petitioner Association of Philippine Coconut Desiccators and other palm oils industry” is not a roving commission
(APCD) brought this suit for certiorari and mandamus to adopt any program deemed necessary to promote the
against respondent PCA to invalidate the latter’s Board development of the coconut and other palm oils industry,
Resolution, and the certificates of registration issued but one to be exercised in the context of this regulatory
under it on the ground that the resolution in question is structure.
beyond the power of PCA to adopt, and compel the said At all events, any change in policy must be made by the
administrative agency to comply with instead with the legislative department of the government. The regulatory
mandatory provisions of statutes regulating the system has been set up by law. It is beyond the power of
desiccated coconut industry, in particular, and the an administrative agency to dismantle it.
coconut industry, in general.
ROMERO, J., Dissenting Opinion
In the petition of APCD, it was mentioned that, “PCA
violated the procedural due process requirement of the Considering the responsibilities and powers assigned to
consultation provided in the Presidential Decree No. the PCA, as well as its underlying policy, namely, that
1644, Executive Order No. 826 and PCA Administrative “the economic well- being of a major part of the
Order No. 002, Series of 1991.” population depends to a large extent on the viability of
the industry and its improvement in the areas of
production, processing and marketing,” the irresistible
Issue:
conclusion is that PCA-BR No. 018-93 is a valid exercise
of delegated legislation by the PCA. Such resolution is in
Whether or not the Board Resolution No. 018-93 is null harmony with the objectives sought to be achieved by
and void for the reason of undue exercise of legislative the laws regarding the coconut industry, particularly “to
power by an administrative body promote accelerated growth and development of the
coconut and other palm oil industry,” and “the rapid
Ruling: integrated development and growth of the coconut and
other palm oil industry.” These are sufficient standards to
No. PCA Resolution No. 018-93 and all certificates of guide the PCA. Thus, measures to achieve these
registration issued shall be null and void for having been policies are better left to the administrative agencies
issued in excess of the power of the Philippine Coconut tasked with implementing them.
Authority to adopt or issue.
In the actual words of the Resolution, the PCA
These measures—the restriction in 1982 on entry into recognizes its principal function of registration so as to
the field, the reduction the same year of the number of be able to monitor the production and administer quality
the existing coconut mills and then the lifting of the standards, both objectives of which are not merely
restrictions in 1987—were adopted within the framework nominal or minimal, but substantial, even vital, aspects
of regulation as established by law “to promote the rapid of the power to regulate. Put differently, there is no
integrated development and growth of the coconut and renunciation of the power to regulate, for the regulation
other palm oil industry in all its aspects and to ensure is essentially recognized and accomplished through the
that the coconut farmers become direct participants in, registration function which enables the PCA to keep
and beneficiaries of, such development and growth.” track of the volume of production and the observance of
Contrary to the assertion in the dissent, the power given quality standards by new entrants into the industry. In
to the Philippine Coconut Authority —and before it to the sum, trimming down its functions to registration is not an
Philippine Coconut Administration—“to formulate and abdication of the power to regulate but is regulation
adopt a general program of development for the coconut itself.

Republic Act No. 11469 Bayanihan to Heal as One Act

(Enacted March 24, 2020, Promulgated March 25, 2020)
Philippine Constitution
Presidential Proclamation No. 922 s. 2020 Article VI Section 23
(March 9, 2020)
Declaring a State of Public Health Emergency 1. The Congress, by a vote of two-thirds of both Houses
Throughout the Philippines in joint session assembled, voting separately, shall have
the sole power to declare the existence of a state of war.
Philippine Constitution
Article II Section 15 2. In times of war or other national emergency, the
Congress may, by law, authorize the President, for a
The State shall protect and promote the right to health of
the people and instill health consciousness among them. limited period and subject to such restrictions as it may
prescribe, to exercise powers necessary and proper to
carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers In times of national emergency, when the public interest
shall cease upon the next adjournment thereof. so requires, the State may, during the emergency and
under reasonable terms prescribed by it, temporarily
Section 1. Declaring a State of Public Health take over or direct the operation of any privately owned
Emergency throughout the Philippines due to Covid-19 public utility or business affected with public interest.
(Corona virus 2019)
The President, during Monday of every week, shall
Section 5. The State of Public Health Emergency shall submit a weekly report to Congress of all acts performed
remain in force in effect until withdrawn by the President. pursuant to this Act during the immediately preceding
week. The report shall likewise include the amount and
In view of the continuing rise of confirmed cases of corresponding utilization of the funds used, augmented,
COVID-19, the serious threat to the health, safety, programmed, reallocated and realigned pursuant to this
security, and lives of our countrymen, the long-term Act.

adverse effects on their means of livelihood, and the For this purpose, the Congress shall establish a Joint
severe disruption of economic activities, a state of Congressional Oversight Committee composed of four
(4) members of each house to be appointed by the
Senate President and the House Speaker, respectively.
national emergency is hereby declared over the entire This Committee shall determine whether such acts,
country. (RA 11469, Sec. 2 Par. 2) orders, rules and regulations are within the restrictions
provided herein. (RA 11469, Sec. 5)
President Rodrigo R Duterte was granted authority
under this act to reallocate, realign, and reprogram a The act shall be in full force and effect for three months
budget of nearly P275 billion from the estimated P438 only, unless it was extended by the Congress. Provided
billion National Budget approved in 2020 in response to that, the powers granted to the president under this act
the pandemic. may be withdrawn sooner by means of concurrent
resolution of the Congress or ended by the Presidential
Philippine Constitution Proclamation. (RA 11469, Sec. 9)
Article XII Sec 17

Republic Act No. 11494 Bayanihan to Recover as One Act (or Bayanihan 2)
(Enacted September 11, 2020, Promulgated September 15, 2020)
● Funding for government financial institutions -
Highlights of RA 11494 P39.47 billion
● Loans for farmers - P24 billion
“We consider the Bayanihan II crucial in our efforts to ● Health-related response - P13.5 billion
gradually re-open the economy, support businesses and ● Cash for work and involuntary separation pay - P13
revitalize growth as we make our country resilient to billion
COVID-19 by strengthening our health sector, ● Transportation programs - P9.5 billion
particularly our healthcare capacity and pandemic ● Social welfare programs - P6 billion
response” Presidential Spokesman Harry Roque ● Hiring of contact tracers - P5 billion

The Bayanihan 2 law may seem as to life saver for the ● Construction of temporary isolation facilities - P4.5
economy, the President under this act was granted an billion
authority to allocated more than P140 billion aid package ● Education sector's transition to new normal - P4
for the industries that was adversely affected by the billion
pandemic and P25.52 billion allowance that may be ● Maintenance of isolation facilities (hotel, food,
spent before the 2021 budget takes place transportation bills)- P4.5 billion
● Tourism industry assistance and programs - P4
Breakdown of funding under Bayanihan 2 billion
● Assistance for State Universities and Colleges - P3 1. Additional social amelioration program for low- to
billion middle-income families administered by the
● Procurement of personal protective equipment - P3 Department of Social Welfare and Development’s
billion (DSWD) and local government units
● Payment for local government loans - P2 billion 2. Livelihood assistance under the Department of
● Local Government Support Fund - P1.5 billion Labor and Employment (DOLE) and Social Services
● TESDA scholarship - P1 billion System (SSS)
3. Low-interest and flexible-payment loans to the micro,
● Foreign Affairs assistance to nationals fund - P820 small, and medium enterprises sector, supervised by
million the Small Business Corporation (SBC) arm of the
● Allowances for qualified students - P600 million Department of Trade and Industry (DTI)
4. Mandatory payment extension on loans falling due
● Allowances for displaced teachers, non-teaching during the Enhanced Community Quarantine (ECQ)
personnel - P300 million as enforced by the Securities and Exchange
● Allowances for national athletes and coaches - P180 Commission (SEC) and the Bangko Sentral ng
million Pilipinas (BSP)
● Training and subsidies for tourist guides - P100
million All laws, acts, decrees, executive orders, issuances, and
● UP computational research laboratory - P15 million rules and regulations or parts thereof which are contrary
● Health Technology Assessment Council research to and inconsistent with this Act are hereby repealed,
fund - P10 million amended or modified accordingly. (RA 11494, Sec 17)
● Professional Regulation Commission computer-
based licensure exam: P2.5 million Except as otherwise specifically provided herein, this Act
● Standby fund - P25.52 billion shall be in full force and effect until the next adjournment
of the Eighteenth Congress on December 19, 2020. This
Included in this act are the powers that have been Act shall take effect immediately upon its publication in a
vested to President Rodrigo R Duterte in the RA 11469 newspaper of general circulation or in the Official
unless contrary to RA 11494, namely: Gazette: Provided, That Section 4(cc) of this Act shall be
deemed to be in effect since Republic Act No. 11469
expired. (RA 11494, Sec 18)

their position as a public trust and shall,

according to the Constitution, ‘at all times be
accountable to the people’ they are sworn to
F. State Principles and Policies serve. The purpose of a republican government
it is almost needless to state, is the promotion of
Preamble the common welfare according to the will of the
- a helpful guide in trying to understand what this people themselves (Naval v Commission on Elections)
primordial document in a state may aime to - signifies the rule of law - that ours is a
accomplish, en eye-opener of sorts giving an government of laws and not of men - the
idea as to what may follow conduct of periodic elections as a means of
- may not be a source of rights and obligations, ascertaining the popular will, the existence of a
but it sheds light on how the substantive Bill of Rights, observance of the rule off the
provisions of the Constitution mean and majority, the presence of the principle of
mandate separation of powers, together with its
accompanying system of checks and balances,
Republicanism as well as a means to ensure the accountability
- Section 1, Article II explicitly proclaims a basic
of public officers.
and fundamental tenet of Philippine society –
- In Maquera v Borra, the Court declared as
that it is a “democratic and republican state.
invalid R.A. 4421 which required candidates to
Sovereignty resides in the people and all
file a bond equivalent to one-year salary for the
government authority emanates from them.”
office for which they run for since the same
- essentially means representation, transparency,
would be violative of the republican nature of the
and accountability.
Philippines
- The cornerstone of this republican system of “Said property qualifications are
government is delegation of power by the inconsistent with the nature and
people to the State. In this system, essence of the Republican system
governmental agencies and institutions operate ordained in our Constitution and the
within the limits of the authority conferred by the principle of social justice underlying the
people (Valmonte v Belmonte, Jr.) same, for said political system is
- A republican government is a responsible premised upon the tenet that
government whose officials hold and discharge
 sovereignty resides in the people and - deemed peremptory and non-derogable
all government authority emanates from
them and this, in turn, implies Peace and Order, Public Safety and Security, and
necessarily that the right to vote and to Civilian Supremacy
be voted for shall not be dependent - For a government to effectively carry out its
upon the wealth of the individual undertaking to provide a viable and workable
concerned, whereas social justice society where its inhabitants are secured in their
presupposes equal opportunity for all, persons, homes, and property, aside from
rich and poor alike, and that, ensuring that they fully enjoy the blessings of
accordingly, no person shall, by reason independence and democracy, it must have the
of poverty, be denied the chance to be means to provide security, peace and order.
elected to public office.” - No one is above the law, including the military.
- If the people could be subjected to the personal The present Constitution declares it as a matter
predilections of those in power not guided nor of principle that civilian authority is at all times,
checked by a set of rules by which society could supreme over the military.
rely on, then citizens could be subjected to the A retiree who had lost his Filipino
arbitrary and whimsical exercise of power: citizenship already renounced his
a. A mayor, for instance, could not allegiance to the State. Thus, he may
simply try to cleanse his city of no longer be compelled by the State to
street walkers by summarily render compulsory military service
deporting them to a faraway when the need arises. (Parreno v
place in a manner not COA)
sanctioned by law.
(Villavicencio v Lukban) Separation of Church and State
b. Nor could a government official - This principle is based on mutual respect.
disapprove the appointment of Generally, the State cannot meddle in the
female employees as street internal affairs of the Church. It cannot favor
sweepers simply because of his one religion and discriminate against another.
personal notions – unsupported On the other hand, the Church cannot impose
by any law – as to the proper its beliefs and convictions on the State and the
place where women should be. rest of the citizenry.
(Villegas v Subido) Pursuant to this principle, the Court has
- A government of laws, not of men, excludes the invalidated an Executive Order which
exercise of broad discretionary powers by those designated the Office of Muslim Affairs,
acting under its authority. Under this system, a government office, as the one with
judges are guided by the Rule of Law, and exclusive authority to issue halal
ought “to protect and enforce it without fear of certificates for Muslims. (Islamic
favor”, resist encroachments by governments, Da’wah Council of the Philippines,
political parties, or even the interference of their Inc. v Office of the Executive
own personal beliefs (People v Veneracion) Secretary)

International Law, Independence and Social Order, Public Welfare and Social Justice
Interdependence - Social justice is “neither communism, nor
- Doctrine of Incorporation, method applies when, despotism, nor atomism, nor anarchy”, but the
by mere constitutional declaration, international humanization of laws and equalization of social
law is deemed to have the force of domestic law and economic forces by the State so that justice
(Pharmaceutical and Health Care Assoc of in its rational and objectively secular conception
the Philippines v Duque III) may at least be approximated. Social justice
- Doctrine of Transformation, method requires means the promotion of the welfare of all the
that an international law be transformed into a people, the adoption by the Government of
domestic law through a constitutional measures calculated to insure economic stability
mechanism such as local legislation of all the competent elements of society, through
Doctrine of Incorporation is the adoption the maintenance of a proper economic and
of the generally accepted principles of social equilibrium in the interrelations of the
international law as part of the law of members of the community, constitutionally,
the land, as contradistinguished from through the adoption of measures legally
the Doctrine of Transformation justifiable, or extra-constitutionally, through the
- Jus Cogens (which means compelling law) exercise of powers underlying the existence of
all governments on the time-honored principle of
- this norm holds the highest hierarchical
salus populi est suprema lex. (Calalang v
position among all other customary
Williams)
norms and principles
Human Dignity and Human Rights the importance of the governmental interests
- Consistent with the idea of republicanism, the advanced and the extent to which they are
State must not only serve the citizens but also served by the challenged regulation.”
respect their human dignity and rights as such
persons. Women and Gender Equality
- This concept seems to closely identify the term - The Constitution sees the tradition of inequality
to the universally accepted traits and attributes among women and thus, declares as of its
of an individual, along with that is generally policies the recognition of women in nation
considered to be his inherent and inalienable building, and the need to ensure the
rights. fundamental legal equality of women and men.

Family and Youth Right to Health and Healthful Ecology

- Family is the basic social institution from which - A nation could hardly move and progress if it
other social institution may build upon, therefore, has a constituency of sick individuals. “A
it is part of the State interest to protect and component to the right to life is the constitutional
strengthen such core institution. right to health.” (Imbong v Ochoa, Jr.)
“The clear and unequivocal intent of the - Intergenerational responsibility (Oposa v
framers of the 1987 Constitution in Factoran) - a class suit instituted by children
protecting the life of the unborn from seeking the license of timber licenses “to
conception was to prevent the prevent the misappropriation or impairment” of
Legislature from enacting a measure Philippine rainforests and “arrest the unabated
legalizing abortion. It was so clear that hemorrhage of the country’s vital life support
even the court cannot interpret it system and continued rape of Mother Earth”
otherwise.” (Imbong v Ochoa, Jr.) - Writ of Kalikasan, a remedy available to a
“The State cannot, without a compelling natural or judicial person, entity authorized by
state interest, take over the role of law, people’s organization, or any public interest
parents in the care and custody of a group accredited by or registered with any
“minor child, whether or not the latter is government agency, on behalf of persons whose
already a parent or has had a constitutional right to a balanced and healthful
miscarriage.” (Imbong v Ochoa, Jr.) ecology is violated, or threatened with violation
- When a city undertakes an “intrusive regulation by an unlawful act or omission of a public official
of the family, . . . the usual judicial deference to or employee, or private individual or entity
the legislature is inappropriate. ‘This Court has - Writ of Continuing Mandamus, may come into
long recognized that freedom of personal choice play “when any agency or instrumentality of the
in matters of marriage and family life is one of government or officer thereof unlawfully neglects
the liberties protected by the Due Process the performance of an act which the law
Clause of the Fourteenth Amendment’ . . . A specifically enjoins as a duty resulting from an
host of cases, tracing their lineage to Meyer v office, trust, or station in connection with the
Nebraska and Pierce v Society of Sisters, enforcement of or violation of an environmental
have consistently acknowledged a ‘ private law rule or regulation or right therein, or
realm of family life which the state cannot unlawfully excludes another from the use or
enter’ . . . The family is not beyond enjoyment of such right and there is no other
regulation . . . But when the government intrudes pain, speedy, and adequate remedy in the
on choices concerning family living ordinary course of law
arrangements, this Court must examine carefully
- Right of Labor Union to be part in the revision of
Priority to Education, Science, Technology, Arts, a company’s Code of Discipline even before
Culture and Sports such was specifically mandated by law (PAL,
- The value of education is highlighted in the Inc. vs. National Labor Commission)
Fundamental Law.
- “State shall protect and promote the right of all Self- Reliant and Independent National Policy
citizens to quality education at all levels and - The country has to be guided by its own national
shall take appropriate steps to make such interest , not subordinated to those of other
education accessible to all.” (Art. XIV, Sec. 1) States.
- Each State has to look to its own self- interest.
Labor as Primary Social Force - Able to stand and not become dependent on
- Labor is the primary social economic force. others
- Protection of the welfare of those who toil to - Constitution of National Economy and Policy
make the economy move. (Art. XII)
- The need for strict enforcement of law as well as
rules and regulations governing Filipino contract Private Enterprise
workers. (Asia World Recruitment, Inc. - Participation of private sector in the
National Labor Relations Commission) advancement of the country.
 - Provision of incentives to encourage private - Establishment of effective and reliable
participation and investments. (Art. II, Sec. 20, communication and information system to keep
Constitution) the people informed.
- “Legitimate enterprises enjoy constitutional - Denied access to information on the inner
protection not to be taxed out of existence. workings of the government , the citizenry can
Incurring losses because of a tax imposition may become prey to the whims and caprices of those
be an acceptable consequence but killing the to whom power had been delegated. The
business of an entity is another matter and postulate of public office as a public trust,
should not be allowed.” Philippine Health Care institutionalized in the Constitution (Art. XI, Sec.
Providers, Inc. vs. Commissioner of Internal 1) to protect people from governmental power,
Revenue) would certainly be mere empty words if access
to information of public concern is denied,
Rural Development except under limitations prescribed by
- No meaningful national development if a implementing legislation adopted pursuant to the
segment of society is overlooked. Consitution. (Vamonte vs Belmonte, Jr.)
- Includes agrarian reform as a means to advance - Constitutional guarantee of freedom of
the lives and welfare (Article XIII) expression (Art. III, Sec. 4, Constitution))
- Right to information on matters of public concern
Indigenous Cultural Communities (Art. III, Sec. 7, Constitution)
- Indigenous cultural communities or indigenous - Communication structures suitable to the needs
peoples are homogenous societies who have and aspirations of the nation and the balanced
continuously lived as an organized community flow of information. (Art. XVI, Sec. 10,
on communally bounded and defined territory. Constitution)
(separate opinion of then Justice Puno in
Cruz vs. Secretary of Environment and Local Government Autonomous
Natural Resources) - Local government units run their own affairs with
minimum supervision.
Non-Government Organizations - Autonomy of local government (Article X)
- Group of individuals who are similarly interested
in promotion of the welfare of the nation. Public Service, Political Dynasties, Transparency
- Encouragement of all stakeholders to have part and Accountability
or voice in the affairs of the State. - Opportunity of every citizen willing and able to to
- The State shall respect the role of independent be in public service must be available.
people’s organizations to enable the people to - Public office is not a sort of heirloom to be
pursue and protect, within the democratic passed from one generation to generation, thus,
framework, their legitimate and collective the provision against political dynasties (Art. II,
interests and aspirations through peaceful and Section 26)
lawful means. (Article III) - Equal opportunities to public office, the Court
ruled that there is no constitutional right to run or
Communication and Information hold public office., especially the presidency.
- Vital element of the process of nation building (Pamatong vs COMELEC)
(Art. Section 24) - Adoption of a policy of transparency , or full of
public disclosure of transactions involving public
interest.(Section 27, Art. II)

Cases Assigned

1. Maquera v. Borra every candidate has to pay the premium charged by

15 SCRA 7 (1965) bonding companies, and, to offer thereto, either his
properties, worth, at least, the amount of the surety
Facts: bond, or properties, of the same worth, belonging to
other persons willing to accommodate him, by way of
In compliance with Republic Act No. 4421, it requires counter-bond in favor of said bonding companies.
that all candidates for national, provincial city and
municipal offices should post a surety bond equivalent to Issue:
the one-year salary of the position he is a candidate for.
The said bond, if forfeited shall be in the favor of the Whether or not Republic Act No. 4421 is unconstitutional
government concerned if the candidate fails to obtain at
least 10% of the vote cast for the office to which he filed Ruling:
his certificate of candidacy.
Yes. The effect of the Republic Act No. 4421 is to
In consequence of said Republic Act and the impose property qualifications for a person to run to a
aforementioned action of the Commission on Elections, public office. Property qualifications are inconsistent with
the essence and nature of the system ordained in the These women, despite their being in a sense lepers of
Constitution of the Philippines and the same with the society, are nevertheless not chattels, but Philippine
principle of social justice. citizens protected by the same constitutional guaranties
as are other citizens.
Certain qualifications are only mentioned in the 1987
Constitution, commonly age, citizenship, voting and The privilege of domicile is a principle often protected by
residence qualifications. constitutions and deeply imbedded in American
jurisprudence.
Republic Act No. 4421 requires a candidate to post a
surety bond equivalent to one-year salary of the position The writ of habeas corpus was devised and exists as a
to which he is a candidate, which bond shall be forfeited speedy and effectual remedy to relieve persons from
in favor of the government, if the candidate, except when unlawful restraint, and as the best and only sufficient
declared winner, fails to obtain at least 10% of the votes defense of personal freedom.
cast for the office, there being not more than four
candidates for the same office. The effect of said Where it is impossible for a party to sign an application
Republic Act No. 4421 is to impose property for the writ of habeas corpus, it is proper for the writ to
qualifications so that a person could run for a public be submitted by some person in his behalf.
office, which property qualifications are inconsistent with
the nature and essence of the Republican system The writ of habeas corpus may be granted by the
ordained in the Constitution and the principle of social Supreme Court or any judge thereof enforcible anywhere
justice underlying the same. Consequently, Republic Act in the Philippine Islands.
No. 4421 is unconstitutional and hence null and void.
A prime specification of an application for a writ of
2. Villavicencio v. Lukban, habeas corpus is restraint of liberty. The essential
39 Phil. 778 (1919) objects and purpose of the writ of habeas corpus is to
inquire into all manner of involuntary restraint as
Facts: distinguished from voluntary, and to relieve a person
therefrom if such restraint is illegal. Any restraint which
One hundred and seventy women, who had lived in the will preclude freedom of action is sufficient.
segregated district for women of ill repute in the city of
Manila, were by orders of the Mayor of the city of Manila The forcible taking of these women from Manila by
and the chief of police of that city isolated from society officials of that city, who handed them over to other
and then at night, without their consent and without any parties, who deposited them in a distant region, deprived
opportunity to consult with friends or to defend their these women of freedom of locomotion just as effectively
rights, were forcibly hustled on board steamers for as if they had been imprisoned. The restraint of liberty
transportation to regions unknown. No law, order, or which began in Manila continued until the aggrieved
regulation authorized the Mayor of the city of Manila or parties were returned to Manila and released or until
the chief of the police of that city to force citizens of the they freely and truly waived this right.
Philippine Islands to change their domicile from Manila
to another locality. The true principle should be that if the respondent is
within the jurisdiction of the court and has it in his power
Issue: to obey the order of the court, and thus to undo the
wrong that he has inflicted, he should be compelled to
Whether or not it is proper to grant the writ. do so.

Ruling: Even if the party to whom the writ is addressed has

illegally parted with the custody of a person before the
Yes. The writ of habeas corpus was properly granted, application for the writ, is no reason why the writ should
and that the Mayor of the city of Manila who was not issue.
primarily responsible for the deportation, is in contempt
of court for his failure to comply with the order of the The place of confinement is not important to the relief if
court. the guilty party is within the reach of process so that by
the power of the court he can be compelled to release
The remedies of the unhappy victims of official his grasp.
oppression are three: (1) Civil action; (2) criminal action,
and (3) habeas corpus. A civil action was never intended For respondents to fulfill the order of the court granting
effectively and promptly to meet a situation in which the writ of habeas corpus, three courses were open: (1)
there is restraint of liberty. That the act may be a crime They could have produced the bodies of the persons
and that the person may be proceeded against is also no according to the command of the writ; (2) they could
bar to the institution of habeas corpus proceedings. have shown by affidavit that on account of sickness or
Habeas corpus is the proper remedy. infirmity these, persons could not safely be brought
before the Court; or (3) they could have. presented
affidavits to show that the parties in question or their
attorney waived the right to be present. (Code of
Criminal Procedure, sec. 87.) Ruling:

The power to punish for contempt of court should be YES. The basis of Subido was simply from his own
exercised on the preservative and not on the vindictive personal notions of what policy to pursue, and is
principle. . Only occasionally should a court invoke its unsupported by any law. Here he appeared to be
inherent power in order to retain that respect without unalterably convinced that to allow women laborers to
which the administration of justice must falter or fail. work outside their offices as street sweepers would run
counter to Filipino tradition. A public official must be able
When one is commanded to produce a certain person to point to a particular provision of law or rule justifying
and does not do so, and does not offer a valid excuse, a the exercise of a challenged authority.
court must, to vindicate its authority, adjudge the
respondent to be guilty of contempt, and must order him A republican society has to be governed in accordance
either imprisoned or fined. with a set of rules which could not just be subject to the
whims and caprices of whoever may be in power. The
An officer's failure to produce the body of a person in government itself is merely an agency through which the
obedience to a writ -of habeas corpus, when he has will of the state is expressed and enforced. Its officers
power to do so, is contempt committed in the face of the therefore are likewise agents entrusted with the
court. responsibility of discharging its functions. As such there
is no presumption that they are empowered to act. There
The Government of the Philippine Islands is a. must be a delegation of such authority, either express or
government of laws. The court will assist in retaining it implied. In the absence of a valid grant, they are devoid
as a government of laws and not of men. of power. It must be conceded that departmental zeal
may not be permitted to outrun the authority conferred
No official, however high, is above the law. by statute. Neither the high dignity of the office nor the
righteousness of the motive then is an acceptable
The courts are the forum which functionate to safeguard substitute. Otherwise the rule of law becomes a myth.
individual liberty and to punish official transgressors. Such an eventuality, we must take all pains to avoid This
trend towards greater recognition of equal rights for both
3. Villegas v. Subido, sexes under the shelter of the equal protection clause
109 SCRA 1 (1981) argues most strongly against this kind of discrimination.
(Republicanism
Women and Gender Equality) 4. People v. Veneracion,
249 SCRA 244 (1995)
Facts:
Facts:
Appeal from the decision of Judge Vasquez ordering the
respondent, Commissioner of Civil Service, “to refrain On August 2, 1994, the lifeless body of Angel Alquiza, 7
from enforcing and implementing the directive contained years old, was found floating along Del Pan St., near the
in its letter to the City Auditor of Manila date Oct 5, 1966; corner of Lavesares st., Binondo Manila. Abundio
making the preliminary injunction issued for this purpose Lagunday and Henry Petilla were later charged with the
to be permanent; and commanding the respondent to crime of Rape with Homicide on August 8, 1994.
note and record the appointments of the 91 women After trial and presentation of the evidence of the
street sweepers”. prosecution and the defense, the trial court rendered a
Subido refused to extend approval to such appointments decision on January 31, 1995 finding the defendants
on the ground that appointing women to manual labor is Henry Lagarto y Petilla and Ernesto Cordero guilty
against Memorandum Circular No. 18 series of 1964. beyond reasonable doubt of the crime of Rape with
Subido pointed out a portion of such memorandum that Homicide and sentenced both accused with the "penalty
states that the practice of making women perform under of reclusion perpetua with all the accessories provided
manual labor outside office premises exposes them to for by law."
contempt and ridicule and constitutes a violation of the
traditional dignity and respect accorded Filipino Disagreeing with the sentence imposed, the City
womanhood. Prosecutor of Manila on February 8, 1995, filed a Motion
Villegas however pointed out that the said Memo has for Reconsideration, praying that the Decision be
already been set aside and declared without force by the "modified in that the penalty of death be imposed"
Office of the President hence the same is no longer in against respondents Lagarto and Cordero, in place of
effect. the original penalty (reclusion perpetua).

Issue: Refusing to act on the Merits of the Said Motion for

Reconsideration, respondent judge issued an Order
Whether or not the government office should confirm the denying the same for lack of jurisdiction.
appointment of the female employees as street
sweepers? Issue:
 The “Milk Code,” assailing that the RIRR was going
Whether or not the respondent judge acted with grave beyond the provisions of the Milk Code, thereby
abuse of discretion and in excess of jurisdiction when he amending and expanding the coverage of said law.
failed and/or refused to impose the mandatory penalty of
death, after finding finding the accused accused guilty of Issue:
the crime Rape with Homicide.
Whether or not respondents officers of the DOH acted
Whether or not respondent judge can impose penalty without or in excess of jurisdiction, or with grave abuse
lower than that prescribed by law. of discretion amounting to lack or excess of jurisdiction,
and in violation of the provisions of the Constitution in
Ruling: promulgating the RIRR.

Yes. Judges are guided by the Rule of Law, and ought Ruling:
“to protect and enforce it without fear or favor”. In
Section 11 of R.A. No. 7659, it clearly provides that The Supreme Court PARTIALLY GRANTED the petition.
“When by reason or on the occasion of the rape, a Sections 4(f), 11 and 46 of Administrative Order No.
homicide is comitted, the penalty shall be death..”. The 2006-0012 dated May 12, 2006 are declared NULL and
respondent judge acted with grave abuse of discretion VOID for being ultra vires. The Department of Health
amounting to lack of jurisdiction in imposing the penalty and respondents are PROHIBITED from implementing
of Reclusion Perpetua where the law clearly imposes said provisions. The international instruments pointed
Death. out by the respondents, UNRC, ICESR, CEDAW, are
deemed part of the law of the land and therefore the
No. the Judge’s misgivings in imposing death penalty DOH may implement them through the RIRR.
due to his religious convictions is wrong. Courts are not Customary international law is deemed incorporated into
concerned with the wisdom, efficacy, or morality of laws. our domestic system. Custom or customary international
In People vs Limaco, it is clearly said that as long as that law means “a general and consistent practice of states
penalty remains in the statute books, and as long as our followed by them from a sense of legal obligation (opinio
criminal law provides for its imposition in certain cases, it juris). Under the 1987 Constitution, international law can
is the duty of judicial officers to respect and apply law become part of the sphere of domestic law either by
regardless of their private opinion. transformation or incorporation. The transformation
method requires that an international law be transformed
Heinous Crimes - involves the perpetration of acts so into a domestic law through a constitutional mechanism
bizarre and devoid of humanity as to horrify and numb such as local legislation. “Generally accepted principles
the senses of all civilized men. of international law” refers to norms of general or
customary international law which are binding on all
5. Pharmaceutical and Health Care Association of states. The Milk Code is a verbatim reproduction of the
the Philippines v. Duque III, (ICMBS), but it did not prohibit advertising or other forms
535 SCRA 264 (2007) of promotion to the general public of products. Instead,
the Milk Code expressly provides that advertising,
Facts: promotion, or other marketing materials may be allowed
if such materials are duly authorized and approved by
On October 28, 1986, Executive Order No. 51 (Milk the Inter-Agency Committee (IAC). In this regard, the
Code) was issued by President Corazon Aquino by WHA Resolutions adopting the ICMBS are merely
virtue of the legislative powers granted to the president recommendatory and legally non-binding. This may
under the Freedom Constitution. The Milk Code states constitute “soft law” or non-binding norms, principles and
that the law seeks to give effect to Article 112 of the practices that influence state behavior. Respondents
International Code of Marketing of Breastmilk have not presented any evidence to prove that the WHA
Substitutes (ICMBS), a code adopted by the World Resolutions, although signed by most of the member
Health Assembly (WHA) in 1981. From 1982 to 2006, states, were in fact enforced or practiced by at least a
the WHA adopted several Resolutions to the effect that majority of the member states and obligatory in nature.
breastfeeding should be supported, promoted and The provisions of the WHA Resolutions cannot be
protected, hence, it should be ensured that nutrition and considered as part of the law of the land that can be
health claims are not permitted for breastmilk implemented by executive agencies without the need of
substitutes. The Philippines ratified the International a law enacted by the legislature. On the other hand, the
Convention on the Rights of the Child. Article 24 of said petitioners also failed to explain and prove by competent
instrument provides that State Parties should take evidence just exactly how such protective regulation
appropriate measures to diminish infant and child would result in the restraint of trade. Since all the
mortality, and ensure that all segments of society, regulatory provisions under the Milk Code apply equally
specially parents and children, are informed of the to both manufacturers and distributors, the Court sees
advantages of breastfeeding. the DOH issued RIRR no harm in the RIRR. Except Sections 4(f), 11 and 46,
which was to take effect on July 7, 2006. a petition for the rest of the provisions of the RIRR are in consonance
certiorari under Rule 65 of the Rules of Court, seeking to with the objective, purpose and intent of the Milk Code.
nullify Revised Implementing Rules and Regulations of
6. Parreño v. Commission on Audit, (RISEAP). RISEAP accredited the petitioner to issue
523 SCRA 390 (2007) halal certifications in the Philippines.
(Defense of the State)
IDCP alleges the need to certify food products as halal
Facts: and also due to halal food producers’ request. They
formulated an internal rules and procedures based on
Petitioner Salvador Parreño served in the Armed Forces the Qur’an and Sunnah for the analysis of food,
of the Philippines (AFP) for 32 years. On January 5, inspection and issuance of halal certifications. Petitioner
1982, Parreño retired from the Philippine Constabulary began to issue, corresponding with a fee, halal
with the rank of 2nd Lieutenant and started to receive his certificates a distinct design and logo registered in the
retirement benefits (a lump sum pension and his monthly Philippine Patent Office under Patent No. 4-2000-03664.
pension). Parreño migrated to Hawaii and became a
naturalized American citizen. As a result, AFP stopped October 26, 2001, the Office of the Executive Secretary
his monthly pension in January 2001, in accordance with issued EO 46 creating the Philippine Halal Certification
Section 27 of Presidential Decree (PD) 1638, as Scheme and designating the Office of the Muslim Affairs
amended by PD No. 1650. PD 1638, as amended, (OMA) to oversee its implementation. OMA has the
provides that a retiree who loses his Filipino citizenship exclusive authority to issue halal certificates and perform
shall be removed from the retired list and his retirement other related regulatory activities.
benefits terminated upon loss of Filipino citizenship.
May 8, 2002, a news article entitled that “OMA Warns
Parreño requested for reconsideration but the Judge NGO Issuing Illegal Halal Certification” was published in
Advocate General of the AFP denied the request. Manila Bulletin. In the said article, OMA warned Muslim
Parreño filed a claim before the COA for the continuance consumers to buy only products with its official halal
of his monthly pension, which was denied for lack of certification since those without said certification had not
jurisdiction. Parreño filed a motion for reconsideration been subjected to careful analysis and may contain pork
and was also denied. or its derivatives. OMA also sent letters to food
manufacturers asking them to secure halal certification
Issues: only from OMA or else they will violate EO 46 and RA
4109. In effect, petitioner lost revenues after food
Whether or not, Section 27 of PD 1638, as amended, is manufacturers stop securing certifications from them.
constitutional.
IDCP contentions:
Ruling: ● EO violates the constitution provision on the
Separation of Church and State.
Yes. The defense of the state is not a sole responsibility ● Unconstitutional for the govt to formulate their
of the government. Hence, the government can require own policies and guidelines regarding halal
all citizens, including private citizens and citizens who certification scheme because it is a function only
have retired from military service, to render personal and for religious organizations, entity or scholars.
military service. A retiree who had lost his Filipino ● A food product becomes halal only after the
citizenship already renounced his allegiance to the state. performance of Islamic religious ritual and
Thus, he may no longer be compelled by the state to prayer, thus only practicing Muslims are allowed
render compulsory military service when the need to slaughter animals for food.
arises. Parreño’s loss of Filipino citizenship constitutes a ● Respondents violated Sec 10 Art III of the 1987
substantial distinction that distinguishes him from other Constitution “no law imparing the obligation of
retirees who retain their Filipino citizenship. The state contracts shall be passed” because after the
has the right to impose a reasonable condition that is said EO was passed food manufacturers with
necessary for national defense. existing contracts ceased to transact with the
petitioners.
7. Islamic Da’wah Council of the Philippines, Inc. v. ● Respondents violated that the said EO violated
Office of the Executive Secretary, Sec 15 and 16 of Art XIII of 1987 Constitution
405 SCRA 497 (2003) ● The said EO was issued with utter haste and
without even consulting Muslim people’s
organization.
Facts:
Issue:
Islamic Da’wah Council of the Philippines is a
corporation under DSWD License no SB-01-085. It is a Whether or not EO 46 violates the constitutional
non-governmental organization that extends voluntary provision on the Separation of Church and State
services to the Filipino people, especially to Muslim
communities. It claims to be a federation of national Ruling:
Islamic organizations and an active member of
international organizations such as the Regional Islamic OMA was created to ensure the integration of Muslim
Da’wah Council of Southeast Asia and the Pacific Filipinos into the mainstream of Filipino society with due
regard to their beliefs, customs, traditions, and Note.—The principle of separation of church and state
institutions. It deals with the societal, legal, political and finds no application in this case which is purely secular
economic concerns of the Muslim community as a matter and not an ecclesiastical affair. (Austria vs.
"national cultural community" and not as a religious National Labor Relations Commission, 312 SCRA 410
group. Thus, it should be noted the constitutional barrier [1999])
between the Church and the State, the OMA should not
intrude with purely religious matters as it violates the 7 Section 6, Article II of the 1987 Philippine Constitution
non-establishment clause and the freedom to exercise provides that: Sec. 6. The separation of the Church and
one's religion found in Art III, Section 5 of 1987 State shall be inviolable
Constitution.
Freedom of religion was accorded preferred status by 8 Section 1, EO 697. 9 SEC. 5. No law shall be made
the framers of our fundamental law. And this Court has respecting an establishment of religion, or prohibiting the
consistently affirmed this status. It is designed to protect free exercise thereof. The free exercise and enjoyment
the broadest possible liberty of conscience, to allow of religious profession and worship, without
each man to believe as his conscience directs, to discrimination or preference, shall forever be allowed.
profess his beliefs, and to live as he believes he ought to No religious test shall be required for the exercise of civil
live, consistent with the liberty of others and with the or political rights.
common good. Without doubt, classifying a food product
as halal is a religious function because the standards 8. Tilar v. Tilar,
used are drawn from the Qur'an and Islamic beliefs. By 831 SCRA 116 (G.R. No. 214529, 12 July 2017)
giving OMA the exclusive power to classify food (Separation of Church and State)
products as halal, EO 46 encroached on the religious
freedom of Muslim organizations like to interpret for Facts:
Filipino Muslims what food products are fit for Muslim
consumption. Also, by arrogating to itself the task of On Nov 4, 2010, petitioner filed with the RTC a petition
issuing halal certifications, the State has in effect forced for declaration of nullity of marriage on the ground of
Muslims to accept its own interpretation of the Qur'an private respondent’s psychological incapacity.
and Sunnah on halal food.
To justify EO 46’s intrusion into the religious activity, Jerrysus L. Tilar, petitioner, and Elizabeth A. Tilar,
OSG argues that the freedom of religion is subject to the respondent, married on June 20, 1996 in a Catholic
police power of the State. By delegating the task to Church in Poro, Poro Camotes, Cebu, with Rev. Fr.
OMA, it promotes and protects the muslim Filipinos’ right Vicente Igot as the solemnizing officer; that a son was
to health and instill consciousness in them. SC born of their marriage.
disagreed with the OSG’s defense because the instance
that can justify infringement of religious freedom is Few months later after their marriage, the respondent
through immediate and grave dance to the security and became an extremely jealous, violent person which
welfare of the community. The State must minimize its resulted in frequent quarrels, and the petitioner being
interference with the affairs of its citizens by allowing threatened and physically harmed.
them to exercise reasonable freedom of personal and Eventually, they got separated in 2002 and the
religious activity. SC finds no compelling justification for respondent is now living with another man in Cebu City.
OMA and the government to deprive muslim
organization with the right to issue halal certifications. Respondent was said to be suffering from “aggressive
There are already laws (Sec 48(4) Admin Code of 1987, personality disorder as well as histrionic personality
RA 7394) that provides for the protection and promotion disorder” which made her psychologically incapicitated
of muslim Filipino’s right to health. These laws do not to comply with her marital obligations.
encroach on the religious freedom of the Filipinos, unlike
EO 46. With these laws, the perceived danger against On June 3, 2014, the RTC issued its assailed Decision,
the health of the muslim and non-muslim is totally where the case was ordered dismissed for lack of
avoided. jurisdiction over the subject matter.
Muslim consumers are adequately notified of the
products that contain substances or ingredients that are Issue:
not fit for human intake. These are the non-secular steps
put in place by the State to ensure that the muslim Whether or not the court can validly pass upon the
consumers' right to health is protected. The halal validity of church marriage in the light of separation of
certifications issued by petitioner and similar the Church and the State.
organizations come forward as the official religious
approval of a food product fit for muslim consumption. Ruling:
The petition is GRANTED. Executive Order 46, s. 2000,
is hereby declared NULL AND VOID. Consequently, NO. A petition for declaration of nullity of marriage which
respondents are prohibited from enforcing the same. the petitioner filed before the RTC falls within its
Rationale: exclusive jurisdiction. Thus, RTC erred in dismissing the
petition.
VITUG, J.:
9. Calalang v. Williams, 10. Imbong v. Ochoa,
70 Phil. 726 (1940) 721 SCRA 146 (2014)
(Social Justice) (Section 26 (1), Art VI
Separation of Church and State
Facts: Family and Youth
Right to Health and Healthful Ecology)
Maximo Calalang, petitioner, brought before to the court
a petition for a writ of prohibition against the respondent Facts:
who are some of the officers from National Traffic
Commission, Public Works, and Public Works and Petitioners question the constitutionality of the RH Law,
Communications; the Mayor of Manila City, and Chief of claiming that it violates Section 26(1), Article VI of the
Police of Manila Constitution, prescribing the one subject-one title rule.
It is alleged in the petition that the resolution that animal- According to them, being one for reproductive health
drawn vehicles be prohibited from passing along Rosario with responsible parenthood, the assailed legislation
St extending from Plaza Calderon de la Barca to violates the constitutional standards of due process by
Dasmarinas St, from 7:30 AM to 12:30 PM and from concealing its true intent – to act as a population control
1:30 PM to 5:30 PM; and along Rizal Ave extending from measure. On the other hand, respondents insist that the
the railroad crossing at Antipolo St to Echague St, from 7 RH Law is not a birth or population control measure, and
AM to 11 PM, from a period of one year from the date of that the concepts of “responsible parenthood” and
the opening of the Colgante Bridge to traffic, is “reproductive health” are both interrelated as they are
detrimental not only to the owners but also to the riding inseparable. 
public as well.  
This resolution is in pursuance of the provisions of Issue:
Commonwealth Act No. 58, which promulgate rules and
regulations to regulate and control the use of and traffic Whether or not RH Law violated the one subject-one title
on national roads. rule under the Constitution 

Issue: Ruling:

Whether or not the rules and regulation complained NO. In this case, a textual analysis of the various
infringe upon the constitutional precept regarding the provisions of the law shows that both “reproductive
promotion of social justice to insure the well-being and health” and “responsible parenthood” are interrelated
economic security of all the people? and germane to the overriding objective to control the
population growth. Considering the close intimacy
Ruling: between “reproductive health” and “responsible
parenthood” which bears to the attainment of the goal of
NO. The promotion of social justice is to be achieved not achieving “sustainable human development” as stated
through a mistaken sympathy towards any group. Social under its terms, the Court finds no reason to believe that
justice is “neither communism, nor despotism, nor Congress intentionally sought to deceive the public as to
atomism, nor anarchy”, but the humanization of laws and the contents of the assailed legislation.
equalization of social and economic forces by the State
so that justice in its rational and objectively secular 11. Meyer v. Nebraska,
conception may at least be approximated. Social justice 262 US 390 (1923)
means the promotion of the welfare of all the people, the (Due Process Clause
adoption by the Government of measures calculated to Family and Youth)
insure economic stability of all the competent elements
of society, through the maintenance of a proper Facts:
economic and social equilibrium in the interrelations of
the members of the community, constitutionally, through An instructor unlawfully taught the subject of reading in
the adoption of measures legally justifiable, or extra- the German language to a child of ten years, who had
constitutionally, through the exercise of powers not attained and successfully passed the eight grade.
underlying the existence of all governments on the time- This is based upon “An act relating to the teaching of
honored principle of salus populi est suprema lex. Social foreign languages in the State of Nebraska”, which
justice, therefore, must be founded on the recognition of states that no one shall teach any subject in any
the necessity of interdependence among divers and language other than the English language, or it may be
diverse units of a society and of the protection that taught to a pupil who has successfully passed eighth
should be equally and evenly extended to all groups as a grade, and any person who violates these provisions
combined force in our social and economic life, shall be deemed guilty of misdemeanor and upon
consistent with the fundamental and paramount conviction.
objective of the state of promoting the health, comfort, The Court affirmed the judgment of the conviction.
and quiet of all persons, and of bringing about "the
greatest good to the greatest number." Issue:
Whether or not the Supreme Court erred in judgment of the State; those who nurture him and direct his
when they affirmed a conviction for infraction of a statute destiny have the right, coupled with the high duty, to
against teaching foreign languages to young children in recognize and prepare him for additional obligations.
schools?
TOPIC:
Ruling:
Due process Clause of the 14th Amendment
YES.. The judgment of the court below must be Seciton 12 in relation to Section 13, Article II
reversed, and the cause remanded for further
proceedings not inconsistent with this opinion.
The Court declared the Nebraska law unconstitutional,
reasoning it violated the liberty protected by Due 13. Oposa v. Factoran, Jr.,
Process Clause of the Fourteenth Amendment. Liberty, 224 SCRA 792 (1993)
the Court explained, means more than freedom from (Section 15, 16, Article II)
bodily restraint.
Facts:
Due Process Clause
Family and Youth Several minor, represented by their parents, filed an
action against the Department of Environment and
12. Pierce v. Society of Sisters, Natural Resources. Petitioners sought for (1)
268 US 510 (1925) cancellation of all existing Timber License Agreement
(TLA) and (2) issuance of cease and desist from
Facts: receiving, accepting, processing, renewing or appraising
new TLAs.
The appellees, owners of valuable properties especially
for school purposes contested the enforcement of the Further, they had claimed that the act of the defendant in
Compulsory Education Act which required every parent, allowing TLA holders to cut and deforest the remaining
guardian or other person having control or charge or forests constitutes a misappropriation and/or impairment
custody of a child between eight and sixteen years to of the natural resources property he holds in trust for the
send him to public school. benefit of the plaintiff minors and succeeding
generations.
Apellees, argued that the enactment of the said Act was
in conflict with the right of parents to choose schools Further, petitioners, as they “represent their generation
where their children will receive appropriate mental and as well as other generations yet unborn” asserted hat
religious training, the right of child to influence parents’ they have a clear constitutional right to a balanced and
choice of school, the right of schools and teachers healthful ecology and are entitled to protection by the
therein to engage in useful profession with consequent State it its capacity as pares patriae. 
destruction of their business and property.
Meanwhile, the defendant filed a motion to dismiss the
A preliminary order restraining the appellants from complaint on the following grounds: Plaintiffs have no
threatening or attempting to enforce the Act was granted cause of action against him;The issues raised by
in their the apellees’ favor. plaintiffs is a political question which properly pertains to
the legislative or executive branches of the government.
Issue:
Issue:
Whether or not the Act interferes with the liberty of Whether or not petitioners have a specific legal right
parents to direct the upbringing and education of violated by respondent for which any relief is provided by
children under their control. law?
Ruling: Ruling:
Yes. Under the doctrine of Meyer v. Nebraska, 262 U.S. Yes. The complaint focuses on one specific fundamental
390, the Act unreasonably interferes with the liberty of legal right—the right to a balanced and healthful ecology
parents and guardians to direct the upbringing and which, for the first time in our nation’s constitutional
education of children under their control. As often history, is solemnly incorporated in the fundamental law.
heretofore pointed out, rights guaranteed by the
Constitution may not be abridged by legislation which The right to a balanced and healthful ecology carries
has no reasonable relation to some purpose within with it the correlative duty to refrain from impairing the
the competency of the State. The fundamental theory of environment.—The right to a balanced and
liberty upon which all governments in this Union repose healthful ecology carries with it the correlative
excludes any general power of the State to standardize duty to refrain from impairing the environment.
its children by forcing them to accept instruction from
public teachers only. The child is not the mere creature
The right of the petitioners to a balanced and healthful of the Manila Bay. They are precluded from choosing not
ecology is as clear as the DENR’s duty to protect and to perform these duties.
advance the said right.—Thus, the right of the
petitioners (and all those they represent) to a
balanced and healthful ecology is as clear as the
DENR’s duty—under its mandate and by virtue of its 15. Pamatong v. Commission on Elections,
powers and functions under E.O. No. 192 and the 427 SCRA 96 (2004)
Administrative Code of 1987—to protect and advance (Section 26, Article II)
the said right.
Facts:
14. Metropolitan Manila Development Authority v.
Concerned Residents of Manila Bay, Pamatong, the petitioner filed for his candidacy for the
574 SCRA 661 (2008) presidency but the COMELEC refused to give due
course to his COC. He filed for a consideration,
Facts: however, was denied. The COMELEC declared
petitioner along with 35 other as nuisance candidates
Respondents filed a complaint before the RTC against citing the Omnibus Election Code. The COMELEC
several government agencies, among them the stated that such candidates could not wage a national
petitioners, for the cleanup, rehabilitation, and protection campaign and/or are not either nominated by a political
of the Manila Bay. The complaint alleged that the water party or not supported by a registered political party with
quality of the Manila Bay had fallen way below the national constituency.
allowable standards set by law, specifically PD 1152.
Respondents, as plaintiffs, prayed that petitioners be Petitioner, Pamatong, argued that this was against his
ordered to clean the Manila Bay and submit to the RTC right to “equal access to opportunities for public service,”
a concerted concrete plan of action for the purpose. citing Article 2, Section 26 of the Constitution,and that
the COMELEC was indirectly amending the Constitution
RTC rendered a Decision in favor of respondents, in this manner. Pamatong also stated that he is
ordering the defendant-government agencies to clean up the “most qualified among all the presidential
and rehabilitate Manila Bay. candidates” and supported the statement with his legal
qualifications, his alleged capacity to wage national and
Petitioners, before the CA, argued that PD 1152 relates international campaigns, and his government platform.
only to the cleaning of specific pollution incidents and do
not cover cleaning in general. Apart from raising
concerns about the lack of funds, petitioners also
asserted that the cleaning of the Manila Bay is not a Issue:
ministerial act, which can be compelled by mandamus.
Whether or not COMELEC’s resolution against
The CA denied petitioners’ appeal and affirmed the Pamatong’s bid for presidency violates the right to equal
Decision of the RTC in toto. Hence, this petition. access to opportunities for public service?

Issue: Ruling:

Whether or not petitioners may be compelled by No. The provisions under the Article are generally
mandamus to clean up and rehabilitate the Manila Bay? considered not self-executing, and there is no plausible
reason for according a different treatment to the “equal
Ruling: access” provision—like the rest of the policies
enumerated in Article II, the provision does not contain
Yes, petitioners may be compelled. The MMDA’s duty in any judicially enforceable constitutional right but merely
the area of solid waste disposal is set forth not only in specifies a guideline for legislative or executive action.—
the Environment Code (PD 1152) and RA 9003, but in its The “equal access” provision is a subsumed part of
charter as well. This duty of putting up a proper waste Article II of the Constitution, entitled “Declaration of
disposal system cannot be characterised as Principles and State Policies.” The provisions under the
discretionary, for, as earlier stated, discretion Article are generally considered not self-executing, and
presupposes the power or right given by law to public there is no plausible reason for according a different
functionaries to act officially according to their judgment treatment to the “equal access” provision. Like the rest of
or conscience. the policies enumerated in Article II, the provision does
not contain any judicially enforceable constitutional right
A perusal of other petitioners’ respective charters would but merely specifies a guideline for legislative or
yield to the conclusion that these government agencies executive action. The disregard of the provision does not
are enjoined, as a matter of statutory obligation, to give rise to any cause of action before the courts.
perform certain functions relating directly or indirectly to
the cleanup, rehabilitation, protection, and preservation