STATUTORY CONSTRUCTION this Court upheld the constitutionality of the

NMAT as a measure intended to limit the

WEEK 2 admission to medical schools only to those
Definition of Law; Statutes: Enactment and who have initially proved their competence
Parts of Statutes; Presidential Issuances and and preparation for a medical education
Ordinances
Issues:
Discuss Department of Education Culture whether there is some reasonable relation
and Sports v. San Diego, G.R. No. 89572, between the prescribing of passing the
21 December 1989. NMAT as a condition for admission to
medical school on the one hand, and the
Facts: securing of the health and safety of the
general community, on the other hand.
The question is whether a person who has
thrice failed the National Medical Ruling:
Admission Test (NMAT) is entitled to take it
again. We believe that the government is entitled to
prescribe an admission test like the NMAT
The petitioner contends he may not, under as a means of achieving its stated objective
its rule that. A student shall be allowed only of "upgrading the selection of applicants
three (3) chances to take the NMAT. After into medical schools" and of "improving the
three (3) successive failures, a student shall quality of medical education in the
not be allowed to take the NMAT for the country."the NMAT is reasonably related to
fourth time. the securing of the ultimate end of
legislation and regulation in this area.
The private respondent insists he can, on
constitutional grounds. That end, it is useful to recall, is the
protection of the public from the potentially
In his original petition for mandamus, he deadly effects of incompetence and
first invoked his constitutional rights to ignorance in those who would undertake to
academic freedom and quality education. treat our bodies and minds for disease or
trauma.
After hearing, the respondent judge rendered
a decision on July 4, 1989, declaring the The subject of the challenged regulation is
challenged order invalid and granting the certainly within the ambit of the police
petition. power. It is the right and indeed the
responsibility of the State to ensure that the
We cannot sustain the respondent judge. medical profession is not infiltrated by
Her decision must be reversed. incompetents to whom patients may
unwarily entrust their lives and health.
The method employed by the challenged The private respondent has failed the NMAT
regulation is not irrelevant to the purpose of five times. While his persistence is
the law nor is it arbitrary or oppressive. The noteworthy, to say the least, it is certainly
three-flunk rule is intended to insulate the misplaced, like a hopeless love.
medical schools and ultimately the medical
profession from the intrusion of... those not It is for the appropriate calling that he is
qualified to be doctors. entitled to quality education for the full
harnessing of his potentials and the
While every person is entitled to aspire to be sharpening of his latent talents toward what
a doctor, he does not have a constitutional may even be a brilliant future.
right to be a doctor.
WHEREFORE, the petition is GRANTED.
The right to quality education invoked by
the private respondent is not absolute. The Principles:
Constitution also provides that "every
citizen has the right to choose a profession The regulation of the practice of medicine in
or course of study, subject to fair, reasonable all its branches has long been recognized as
and equitable admission and academic... a reasonable method of protecting the health
requirements." and safety of... the public. That the power to
regulate and control the practice of medicine
The private respondent must yield to the includes the power to regulate admission to
challenged rule and give way to those better the ranks of those authorized to practice
prepared. medicine, is also well recognized. Thus,
legislation and administrative regulations
The contention that the challenged rule requiring those who wish to practice
violates the equal protection clause is not medicine first to take and pass medical
well-taken. A law does not have to operate board examinations have long ago been
with equal force on all persons or things to recognized as valid exercises of
be conformable to Article III, Section 1 of governmental power.
the
There is no need to redefine here the police
Constitution. power of the State. Suffice it to repeat that
the power is validly exercised if (a) the
There would be unequal protection if some interests of the public generally, as
applicants who have passed the tests are distinguished from those of a particular
admitted and others who have also qualified class, require the interference of the State,
are denied entrance. In other words, what and (b) the means employed are reasonably
equal protection requires is equality among necessary to the attainment of the object
equals.
sought to be accomplished and not unduly the community and is enacted through a
oppressive upon individuals. process of reasoning. Aquinas emphasizes
that law should not be arbitrary or
In other words, the proper exercise of the irrational; rather, it should align with
police power requires the concurrence of a principles of justice and morality. The
lawful subject and a lawful method. ultimate purpose of such laws is to
contribute to the overall welfare and
What equal protection requires is equality flourishing of the community. Additionally,
among equals. for a law to be effective, it must be made
known to the public, ensuring that
What is law as defined by St. Thomas individuals are aware of its existence and
Aquinas? can conform their actions accordingly. In
essence, Aquinas' definition underscores the
LAW is an ordinance of reason for the moral and rational foundations of law, its
common good, made by him who has care communal orientation, and the necessity of
of the community, and promulgated. clear communication for its proper
implementation.
Aquinas describes law as "a certain rule and
measure of acts whereby man is induced to Discuss the hierarchy of laws.
act or is restrained from acting." Because the
rule and measure of human actions is reason, Article 7 of Republic Act No. 386, the Civil
law has an essential relation to reason; in the Code of the Philippines, underlines the
first place to divine reason; in the second critical hierarchy of laws within the legal
place to human reason, when it acts system of the country. It firmly establishes
correctly, i.e., in accordance with the that laws can only be repealed by
purpose or final cause implanted in it by subsequent legislation, ensuring a structured
God. and predictable legal framework. Moreover,
it asserts that the violation or neglect of
Law is directed by its nature to the good, these laws cannot be justified by their
and especially to the universal or common non-enforcement, customary practices, or
good. It is addressed not primarily to private contrary traditions, reinforcing the notion
persons but to the whole people meeting in that laws remain binding until expressly
common or to persons who have charge of revoked by newer statutes. Furthermore,
the community as a whole. Article 7 upholds the supremacy of the
Constitution by stipulating that when a law
According to St. Thomas Aquinas, law is a is found to be incompatible with the
rational and just prescription designed for Constitution by the courts, the law becomes
the benefit of the common good. It is null and void, and the Constitution prevails.
established by an authoritative figure who This underscores the Constitution's role as
holds the responsibility for the well-being of the highest law in the land, guiding the
interpretation and application of all other underscores that administrative and
laws. Lastly, the provision makes it clear executive actions and regulations are valid
that administrative and executive actions only when they align with existing laws and
and regulations are legitimate only when the Constitution, emphasizing the need for
they are in harmony with the existing legal government actions to conform to the rule of
framework, ensuring that government law. In essence, Article 7 establishes a clear
authorities operate within the boundaries set legal hierarchy and the rule of law, with the
by the Constitution and the law. In essence, Constitution at the apex, and ensures that all
Article 7 in the Civil Code of the Philippines branches of government adhere to its
highlights the structured hierarchy of laws, principles.
with the Constitution at its apex, and
reinforces the importance of upholding the
rule of law in the country's legal system. Discuss the hierarchy of courts.

(Article 7, Republic Act No. 386 or the

Civil Code of the Philippines)

ARTICLE 7. Laws are repealed only by

subsequent ones, and their violation or
non-observance shall not be excused by
disuse, or custom or practice to the contrary.
When the courts declare a law to be
inconsistent with the Constitution, the
former shall be void and the latter shall
govern.

Article 7 of Republic Act No. 386, the Civil

The hierarchy of courts in a legal system
Code of the Philippines, upholds several
establishes a structured framework for the
fundamental legal principles. It emphasizes
administration of justice, with each level of
that laws can only be revoked by newer laws
court having specific jurisdiction and
and that their violation or non-observance
responsibilities. In the Philippines, as of my
cannot be justified by disuse, custom, or
last knowledge update in September 2021,
contrary practices. This ensures that the
the hierarchy of courts is as follows:
legal system remains orderly and
predictable. Furthermore, it highlights the
Supreme Court: The Supreme Court of the
paramount importance of the Constitution,
Philippines is the highest court in the
stating that when a law is found to be
country. It has the authority to interpret the
inconsistent with the Constitution by the
Constitution, review laws and government
courts, the law is considered void, and the
actions, and establish legal precedents. The
Constitution prevails. Lastly, the provision
Supreme Court consists of one Chief Justice
and several Associate Justices. It also has These lower courts, collectively referred to
the power to promulgate rules and as the "MTCs," have limited jurisdiction and
regulations for the practice of law in the handle less complex cases, including smaller
Philippines. claims, minor offenses, and local disputes.
They are established in cities,
Court of Appeals: The Court of Appeals municipalities, and municipal circuits.
(CA) is an intermediate appellate court with
jurisdiction over appeals from lower courts, Shari'a District Courts: Shari'a District
administrative agencies, and quasi-judicial Courts have jurisdiction over cases
bodies. It reviews decisions and judgments involving Islamic personal laws and Muslim
of the Regional Trial Courts (RTCs), Family family relations. They handle matters such
Courts, and other lower courts. The CA has as marriage, divorce, custody, and
multiple divisions and a Presiding Justice. inheritance for Filipino Muslims. These
courts are established in areas with
Sandiganbayan: The Sandiganbayan is a significant Muslim populations.
special court with jurisdiction over cases
involving public officials and employees Supreme Court:
accused of graft and corruption, as well as The Supreme Court is the highest judicial
other related offenses. It consists of multiple body in the Philippines. It has the authority
divisions and a Presiding Justice. to review decisions of lower courts and has
the power of judicial review, ensuring the
Court of Tax Appeals (CTA): The CTA constitutionality of laws and executive
specializes in tax-related cases, including actions.
disputes between taxpayers and the Bureau
of Internal Revenue (BIR) or the Bureau of Court of Appeals (CA):
Customs (BOC). It has divisions and a The Court of Appeals is an intermediate
Presiding Justice. appellate court. It reviews decisions of trial
courts and certain quasi-judicial bodies. The
Regional Trial Courts (RTCs): RTCs are the CA has multiple divisions that handle cases
principal trial courts in the Philippines. They from different regions.
have general jurisdiction over civil and
criminal cases, handling a wide range of Sandiganbayan:
legal matters. RTCs are established in The Sandiganbayan is a special appellate
different regions and cities throughout the court that has jurisdiction over cases
country. Judges of the RTCs are called involving public officials accused of graft
Regional Trial Court Judges. and corruption. It operates on the principle
of accountability in public service.
Metropolitan Trial Courts (MeTCs),
Municipal Trial Courts (MTCs), and
Municipal Circuit Trial Courts (MCTCs):
Court of Tax Appeals (CTA): Shari'a District Court:
The Court of Tax Appeals specializes in Shari'a District Courts have jurisdiction
cases related to taxation. It has jurisdiction over cases involving Muslim personal laws.
over decisions and rulings of the Bureau of They operate in areas with significant
Internal Revenue (BIR) and the Bureau of Muslim populations.
Customs (BOC).
Shari'a Circuit Court:
Regional Trial Court (RTC): Shari'a Circuit Courts are lower courts
The RTC is a trial court of general under the Shari'a District Courts. They
jurisdiction. It handles criminal and civil handle cases related to Muslim personal
cases that exceed the jurisdiction of lower laws at the local level.
courts. Each region in the Philippines has
an RTC. This hierarchical structure ensures that
cases are heard and decided by courts with
Metropolitan Trial Court (MeTC): the appropriate jurisdiction, providing an
The MeTC is a trial court with limited organized and systematic approach to the
jurisdiction over specific areas, usually Philippine judicial system. Each court level
metropolitan cities. It handles small claims, serves a specific purpose, with higher courts
summary procedures, and cases with lower having the authority to review decisions
monetary value. made by lower courts.

Municipal Trial Court in Cities (MTCC): What are the three inherent powers of the
The MTCC has jurisdiction over cities but state?
handles cases similar to those of the
Metropolitan Trial Court. It is a trial court Three inherent powers of the state Inherent
below the RTC. powers are powers of a state or branch of
government that are not expressly written in
Municipal Trial Court (MTC): a constitution. For a state, these powers are
The MTC is a trial court with jurisdiction the Power of Taxation, Police Power, and
over municipalities. It deals with smaller the Power of Eminent Domain. They can be
claims and less severe offenses compared to compared to the powers a caterer has in
the RTC. making decisions to get their job done
effectively.
Municipal Circuit Trial Court (MCTC):
The MCTC is a lower-level court with Power of Taxation: This is the authority of
combined jurisdiction over municipalities the government to impose and collect taxes
and smaller communities. It handles cases on individuals, businesses, and property
similar to those of MTCs. within its jurisdiction. Taxation is a primary
source of revenue for the government,
enabling it to fund public services,
infrastructure development, and various fairness, due process, and the protection of
programs. While the specific tax policies individual rights.
and rates may vary, the power of taxation is
inherent to a government's ability to raise Distinguish the three inherent powers of
funds for its operations. the state

Police Power: Police power grants the Power of Taxation:

government the authority to regulate and
enforce laws related to public health, safety, Nature: The Power of Taxation is the
morals, and general welfare. This power authority of the government to impose and
allows the government to establish and collect taxes on individuals, businesses, and
enforce regulations that promote the property within its jurisdiction.
well-being and safety of its citizens. It
encompasses areas such as law enforcement, Purpose: It serves as a primary source of
public health regulations, traffic rules, and revenue for the government, enabling
zoning laws. Police power is essential for funding for public services, infrastructure
maintaining order and protecting the public development, and various programs.
interest.
Flexibility: The specific tax policies and
Power of Eminent Domain: Eminent domain rates may vary, allowing governments to
is the government's authority to take private adapt their revenue-generation strategies
property for public use, provided that just based on economic needs and priorities.
compensation is given to the property
owner. This power is often exercised to Police Power:
acquire land or property for infrastructure
projects like roads, bridges, schools, or Nature: Police Power grants the government
public facilities. The government must the authority to regulate and enforce laws
follow legal procedures and ensure that related to public health, safety, morals, and
property owners are compensated when general welfare.
exercising eminent domain.
Purpose: It allows the government to
These three inherent powers of the state are establish and enforce regulations that
considered essential for its governance and promote the well-being and safety of its
the provision of public services. They are citizens, encompassing areas such as law
not explicitly enumerated in most enforcement, public health, traffic rules, and
constitutions but are implied as necessary zoning laws.
functions of government to fulfill its
responsibilities to society. However, the Scope: Police Power is broad and essential
exercise of these powers is subject to legal for maintaining order, protecting public
limitations and must adhere to principles of
interests, and ensuring the overall welfare of branch cannot function without the others.
the community. Our daily lives depend on how well these
three branches work together. Over the
Power of Eminent Domain: course of the pandemic, we have come to
realize that we should be more
Nature: Eminent Domain is the well-informed about our government so that
government's authority to take private we can vote for our next government leaders
property for public use, provided that just wisely.
compensation is given to the property
owner. Executive - Carries out and enforces laws.
Composed of the President and the Vice
Purpose: It is exercised to acquire land or President, the cabinet, executive
property for infrastructure projects like departments, independent agencies, and
roads, bridges, schools, or public facilities, other boards, commissions, and committees.
contributing to the development and welfare
of the community. Legislative - Authorized to make, alter, and
repeal law. The Congress makes up the
Limitations: The government must follow legislative branch of the government. It is
legal procedures and ensure fair composed of the Senate, also known as the
compensation to property owners, balancing upper house, and the House of
the need for public projects with the Representatives known to many as the lower
protection of individual property rights. house. The Congress drafts, reviews,
amends, and repeals proposed laws (bills). It
In summary, while all three powers are also has the power to amend the 1987
inherent to the state and contribute to Constitution and is tasked with passing the
effective governance, each has a specific national budget each year.
focus and purpose. The Power of Taxation
deals with revenue generation, Police Power Judicial - Evaluates & interprets the
addresses public health and safety, and the meaning of laws, applies laws to individual
Power of Eminent Domain is utilized for cases, and decides if laws violate the
acquiring property for public use. These Constitution. The Judiciary is composed of
powers work in tandem to enable the Philippine courts and the Supreme
governments to meet the diverse needs of Court, the highest court of the land. Judges
society. and Justices are appointed by the president
who chooses from a pre-screened list of
What are the three branches of nominees issued by the Judicial Bar
government? Council.

There are three (3) branches of government:

Executive, Legislative, and Judicial. One
The Supreme Court is composed of the The Chief Justice leads the Supreme Court,
Chief Justice and of the fourteen Associate and justices are appointed.
Justices. The judiciary interprets the
meaning of laws, applies the laws to Similar to the United States, the Philippines'
particular cases, and decides if a law violates government structure is designed to
the Constitution. maintain a system of checks and balances,
ensuring that no single branch becomes too
Executive Branch: The executive branch is powerful and that the government operates
responsible for implementing and enforcing in accordance with democratic principles
the laws of the Philippines. It is headed by and the rule of law.
the President of the Philippines, who is both
the head of state and the head of Distinguish the three branches of the
government. The President is elected by the government?
Filipino citizens and serves a single six-year
term. The executive branch also includes The three branches of
various departments and agencies that assist government—legislative, executive, and
in the administration of government judicial—serve distinct roles in a system of
functions. checks and balances.

Legislative Branch: The legislative branch The legislative branch is responsible for
is responsible for making and passing laws. creating laws and consists of elected
It consists of the Congress of the representatives who debate, propose, and
Philippines, which is a bicameral legislature pass legislation. It holds the power to shape
composed of two houses: the Senate and the public policies, approve budgets, and
House of Representatives. Senators and oversee the actions of the executive branch.
Representatives are elected by the Filipino
people to represent their interests and create The executive branch, led by the head of
legislation. The Senate has 24 members, state or government, is tasked with
while the House of Representatives has a implementing and enforcing laws. It
variable number of members based on manages day-to-day governance, executes
population. policies, and oversees foreign relations.

Judicial Branch: The judicial branch is The judicial branch interprets laws, ensuring
responsible for interpreting and applying the their constitutionality, and resolves legal
laws of the Philippines. It includes the disputes. Courts, through the power of
Philippine Supreme Court, which is the judicial review, have the authority to assess
highest court in the country. The judiciary the legality of actions by the other branches,
ensures that laws are interpreted and applied protecting individual rights and maintaining
consistently and fairly throughout the nation. the rule of law. This separation of powers
ensures that no single branch becomes
excessively powerful, fostering a balanced A statute is a formal written law that
and accountable government. embodies the decisions and will of the
legislative branch of a government. These
What are laws? laws are created through a defined legal
process, typically involving proposal,
Law is a set of rules that are created and are debate, and approval within the legislative
enforceable by social or governmental body, such as Congress. The term "statute"
institutions to regulate behavior, with its encompasses two primary types of legal
precise definition a matter of longstanding enactments: the Constitution and legislative
debate. It has been variously described as a enactments. The Constitution serves as the
science and as the art of justice. foundational document, establishing the
fundamental principles and structure of the
Laws are a set of rules and regulations government. It outlines the framework
established by a governing authority, such within which subsequent laws must operate
as a government or legislative body, to and delineates the powers and limitations of
regulate the behavior of individuals and different governmental entities. On the other
groups within a society. Laws can take hand, legislative enactments are specific
various forms, including statutes, laws passed by the legislative branch to
regulations, ordinances, and judicial address various issues, ranging from
decisions. They are designed to maintain criminal offenses to civil regulations.
order, ensure justice, and protect the rights Together, these statutes form the legal
and well-being of citizens. framework of a society, providing a
structured system to guide behavior, resolve
What is a statute? disputes, and uphold justice.

Statutes are defined as the written enactment What are the parts of a statute?
of the will of the legislative branch of the
government rendered authentic by certain Title
prescribed forms or solemnities are more -- The title of the statute is the heading on
also known as enactment of congress. the preliminary part, furnishing the name by
Generally they consist of two types, the which the act is individually known.
Constitution and legislative enactments.
That part of the statute which gives a general
Written enactment of the will of the statement of, and calls attention to, the
legislative branch of the government subject matter of an act, so that legislators
rendered authentic by certain prescribed and the public may be apprised of the
forms or solemnities are more. subject matter of the legislation, and be put
upon inquiry in regard thereto.
It is legislated by the Congress; it is enacted
by the legislature.
Preamble
-- That part of the statute explaining the Repealing Clause
reasons for its enactment and the objectives -- That part of the statute which announces
sought to be accomplished. the prior statutes or specific provisions
which have been abrogated by reason of the
Enacting Clause new law.
-- That part of the statute which declares its
enactment and serves to identify it is an act That part of the statute that announces the
of legislation proceeding from the proper legislative intent to terminate or revoke
legislative authority. another statute or statutes.

It is the part of the statute that indicates the Saving Clause

authority that promulgated the enactment. -- a restriction in a repealing act, which is
The enacting clause is not essential to the intended to save rights, pending
validity of the law but this clause clothes the proceedings, penalties,etc., from the
statute with a certain dignity because the annihilation which would result from an
specific authority that promulgated the law unrestricted repeal.
is therein stated.
This restricts a repealing act and preserves
Body existing powers, rights, and pending
-- The main and operative part of the statute proceeding from the effects of the repeal.
containing its substantive and even
procedural provisions. provisos and Separability Clause
exemptions may also be found in the body -- That part of the statute which provides
of the statute. that in the event that one or more provisions
are declared void or unconstitutional, the
It contains the subject matter of the statute. remaining provisions shall still be in force
The body of a statute should embrace only and effect.
one subject matter as required in Section 26
(1) Art VI of the New Constitution: Every In this clause, which states that if for any
bill passed by the Congress shall embrace reason, any section or provision of the
only one subject which shall be expressed in statute is held to be unconstitutional or
the title thereof. invoked, the other section or provision of the
law shall not be affected thereby.
This requirement is not violated simply
because it contains diverse provisions, for as Effectivity Clause
long as those provisions are allied and -- That part of the Statute which announces
germane to the subject and purpose of the the effective date of the law
bill, the said requirement is deemed
complied with.
Discuss each part of the statues. Saving Clause: A saving clause is a
protective element in a repealing act,
Title: The title of a statute serves as its preserving rights, ongoing legal
introductory heading, presenting the name proceedings, penalties, and other legal
by which the law is uniquely identified. It consequences from being nullified by a
provides a concise and descriptive label, complete repeal. It ensures a measured
aiding in the quick identification and transition between old and new legal
reference of the statute. frameworks.

Preamble: The preamble is an introductory Separability Clause: The separability

statement that explains the reasons for the clause safeguards the integrity of the statute
enactment of a statute and outlines the in case one or more provisions are declared
objectives it aims to achieve. It offers void or unconstitutional. It asserts that the
context and insights into the legislative remaining parts of the law will remain valid
intent, helping to interpret the purpose and enforceable, preventing the entire statute
behind the law. from being invalidated due to specific legal
challenges.
Enacting Clause: The enacting clause is a
pivotal part of a statute as it formally Effectivity Clause: The effectivity clause
declares the enactment of the law. It serves specifies the date on which the statute
as a legal marker, identifying the statute as a becomes operational and enforceable. It
legitimate act of legislation emanating from marks the commencement of the statute's
the proper legislative authority. legal validity, providing clarity on when the
law will take effect and guide conduct
Body: The body of the statute constitutes within the legal framework.
the core and operative section,
encompassing substantive and procedural Proviso: It is the clause added to an
provisions that define the rights, obligations, enactment for the purpose of acting as a
and processes outlined by the law. Provisos restraint upon or as a qualification of the
and exemptions, which are specific generality of the language it follows.
conditions or exceptions, may also be
embedded in this part. Interpretative Clause: That part of the
statute where the legislature defines its own
Repealing Clause: The repealing clause language or prescribes rules for its
specifies the statutes or provisions that are construction.
being annulled or replaced by the enactment
of the new law. It clarifies the legal impact What is the “title requirement” under the
of the new statute on existing legislation, 1987 Constitution?
signaling changes to the legal landscape.
One purpose of the constitutional directive importance of preventing the enactment of
that the subject of a bill should be embraced laws that include provisions not adequately
in its title is to apprise the legislators of the examined by legislators or the public,
purposes, the nature and scope of its thereby upholding the integrity of the
provisions, and prevent the enactment into legislative system.
law of matters which have received the
notice, action and study of the legislators or What are the purposes of the title
of the public. requirement?

The "title requirement" under the 1987 The "title requirement" in the 1987
Constitution refers to the constitutional Constitution serves a critical purpose in
mandate that the subject of a bill should be promoting transparency, accountability, and
clearly and adequately reflected in its title. the integrity of the legislative process.
This requirement is intended to ensure Mandating that the subject of a bill be
transparency, clarity, and proper legislative clearly and accurately reflected in its title,
scrutiny. The primary purpose is to apprise this constitutional provision ensures that
legislators of the bill's objectives, nature, legislators are fully apprised of the bill's
and scope, as well as to inform the public objectives, nature, and scope. By explicitly
about the contents of the proposed law. stating the subject in the title, lawmakers are
empowered to make well-informed
By explicitly stating the subject in the title, decisions during the legislative process,
lawmakers are made aware of the bill's fostering a more deliberate and educated
focus and are better equipped to make consideration of the proposed law.
informed decisions during the legislative Moreover, the title requirement acts as a
process. It prevents the inclusion of crucial safeguard against potential abuses by
unrelated or surprise provisions in the final preventing the inclusion of unrelated or
law that may not have undergone the surprise provisions that may not have
necessary legislative scrutiny. This undergone the necessary legislative scrutiny.
constitutional provision acts as a safeguard It goes beyond the internal workings of the
against potential abuses, ensuring that legislature, extending to the public,
legislators and the public have fair notice providing fair notice and an opportunity for
and an opportunity to study and discuss the citizens to study, discuss, and engage in the
proposed legislation thoroughly. democratic process. In essence, the title
requirement is a cornerstone of open and
In essence, the "title requirement" serves as informed governance, upholding the
a mechanism to promote transparency, democratic principles of accountability and
accountability, and the proper functioning of ensuring that laws reflect a comprehensive
the legislative process, aligning with understanding of their intended impact on
democratic principles that emphasize open society.
and informed governance. It underscores the
Discuss Ichong v. Hernandez, 101 Phil. retail business of additional stores or
1155 (1957) branches of retail business;
(6) a provision requiring aliens actually
LABRADOR, J. engaged in the retail business to present for
registration with the proper authorities a
FACTS: verified statement concerning their
businesses, giving, among other matters, the
A law, RA No. 1180 entitled "An Act to nature of the business, their assets and
Regulate the Retail Business" was enacted liabilities and their offices and principal
with an effect of nationalizing the retail offices of judicial entities; and
trade business. The main provisions of the (7) a provision allowing the heirs of aliens
Act are: now engaged in the retail business who die,
(1) a prohibition against persons, not to continue such business for a period of six
citizens of the Philippines, and against months for purposes of liquidation.
associations, partnerships, or corporations
the capital of which are not wholly owned Petitioner Inchong, for and in his own behalf
by citizens of the Philippines, from engaging and on behalf of other alien resident
directly or indirectly in the retail trade; corporations and partnerships adversely
(2) an exception from the above prohibition affected by the provisions of Republic Act.
in favor of aliens actually engaged in said No. 1180, brought this action to obtain a
business on May 15, 1954, who are allowed judicial declaration that said the Act is
to continue to engaged therein, unless their unconstitutional, and to enjoin the Secretary
licenses are forfeited in accordance with the of Finance and all other persons acting
law, until their death or voluntary retirement under him, particularly city and municipal
in case of natural persons, and for ten years treasurers, from enforcing its provisions.
after the approval of the Act or until the Inchong attacks the constitutionality of the
expiration of term in case of juridical Act, contending that: (1) it denies to alien
persons; residents the equal protection of the laws
(3) an exception therefrom in favor of and deprives of their liberty and property
citizens and juridical entities of the United without due process of law ; (2) the subject
States; (4) a provision for the forfeiture of of the Act is not expressed or comprehended
licenses (to engage in the retail business) for in the title thereof; (3) the Act violates
violation international and treaty obligations of the
of the laws on nationalization, control Republic of the Philippines; (4) the
weights and measures and labor and other provisions of the Act against the
laws relating to trade, commerce and transmission by aliens of their retail business
industry; thru hereditary succession, and those
(5) a prohibition against the establishment or requiring 100% Filipino capitalization for a
opening by aliens actually engaged in the corporation or entity to entitle it to engage in
the retail business, violate the spirit of
Sections 1 and 5, Article XIII and Section 8 State itself, it does not need to be expressed
of Article XIV of the Constitution. or defined in its scope; it is said to be
co-extensive with self-protection and
In answer, the Solicitor-General and the survival, and as such it is the most positive
Fiscal of the City of Manila contend that: (1) and active of all governmental processes, the
the Act was passed in the valid exercise of most essential, insistent and illimitable.
the police power of the State, which exercise Especially is it so under a modern
is authorized in the Constitution in the democratic framework where the demands
interest of national economic survival; (2) of society and of nations have multiplied to
the Act has only one subject embraced in the almost unimaginable proportions; the field
title; (3) no treaty or international and scope of police power has become
obligations are infringed; (4) as regards almost boundless, just as the fields of public
hereditary succession, only the form is interest and public welfare have become
affected but the value of the property is not almost all-embracing and have transcended
impaired, and the institution of inheritance is human foresight. However, the Constitution
only of statutory origin. has set forth limitations thereof and the most
important of these are: the due process
ISSUE: clause and the equal protection clause.

WON RA 1180 is unconstitutional since its The conflict, therefore, between police
exercise violates one’s right to due process power and the guarantees of due process and
and equal protection as guaranteed by the equal protection of the laws is more
Constitution apparent than real. Properly related, the
power and the guarantees are supposed to
RULING: coexist. The balancing is the essence or,
shall it be said, the indispensable means for
NO. The Court finds the enactment of RA the attainment of legitimate aspirations of
1180 to clearly fall within the scope of any democratic society. There can be no
police power of the State. It is clear that the absolute power, whoever exercises it, for
law in question was enacted to remedy a real that would be tyranny. Yet there can neither
and actual threat and danger to the national be absolute liberty, for that would mean
economy posed by alien dominance and license and anarchy. So the State can deprive
control of retail business and free citizens persons of life, liberty and property,
and country from the said dominance and provided there is due process of law; and
control. persons may be classified into classes and
groups, provided everyone is given the equal
It has been said the police power is so far - protection of the law. The test or standard, as
reaching in scope, that it has become almost always, is reason. The police power
impossible to limit its sweep. As it derives legislation must be firmly grounded on
its existence from the very existence of the public interest and welfare, and a reasonable
relation must exist between purposes and but actually necessary — and that in any
means. And if distinction and classification case such matter falls within the prerogative
has been made, there must be a reasonable of the Legislature, with whose power and
basis for said distinction. discretion the Judicial department of the
Government may not interfere.
The best evidence to determine the alien
dominance in retail business are the statistics Therefore, the petition is denied.
on the retail trade, which put down the
figures in black and white. Between the Relevance of the purposes of the title
constitutional convention year (1935), when requirement in the case
the fear of alien domination and control of
the retail trade already filled the minds of In the case of Ichong v. Hernandez, the "title
our leaders with fears and misgivings, and requirement" became a crucial aspect in
the year of the enactment of the assessing the constitutionality of Republic
nationalization of the retail trade act (1954), Act No. 1180 (RA 1180), which aimed to
official statistics unmistakably point out to regulate retail business in the Philippines.
the ever-increasing dominance and control The title requirement, which mandates that
by the alien of the retail trade. Statistical the subject of a law must be expressed in its
figures reveal that in percentage distribution title, serves several important purposes, and
of assets and gross sales, alien participation its relevance in this case can be explained
has steadily increased during the years. It is more comprehensively:
true, of course, that Filipinos have the edge
in the number of retailers, but aliens more Preventing Surprise or Deception:
than make up for the numerical gap through
their assets and gross sales which average The title requirement helps prevent surprise
between six and seven times those of the or deception by ensuring that lawmakers and
very many Filipino retailers. the public are aware of the main subject
The Court finds that law does not also matter of the proposed law. It prevents
violate the equal protection clause of the hidden or unrelated provisions from being
Constitution because sufficient grounds exist slipped into the legislation without proper
for the distinction between alien and citizen notice.
in the exercise of the occupation regulated, In this case: Petitioner Inchong argued that
nor the due process of law clause, because the subject of RA 1180 was not adequately
the law is prospective in operation and expressed in its title. If this were true, it
recognizes the privilege of aliens already could imply that the law might contain
engaged in the occupation and reasonably provisions not readily apparent from the
protects their privilege. The wisdom and title, potentially leading to confusion or
efficacy of the law to carry out its objectives deception.
appear to us to be plainly evident — as a
matter of fact it seems not only appropriate Informing the Public:
The title acts as a guide for the public, Discuss Philippine Judges Association v.
providing them with information about the Prado, 27 SCRA 703 (1993)
general subject of the law. This helps
citizens, including those who may be Facts:
affected by the law, to understand its
purpose and potential impact. The main issue raised in this petition is the
In this case: Inchong's claim about the independence of the Judiciary.
subject not being expressed in the title
suggests a lack of clarity regarding the It is asserted by the petitioners that this
intended scope and purpose of RA 1180. If hallmark of republicanism is impaired by the
the public is not adequately informed, it statute and circular they are here
could hinder their ability to comprehend the challenging.
implications of the legislation.
The main target of this petition is Section 35
Constitutional Limitation on Legislative of R.A. No. 7354 as implemented by the
Power: Philippine Postal Corporation through its
Circular No. 92-28. These measures
The title requirement serves as a withdraw the franking privilege from the
constitutional limitation on legislative Supreme Court, the Court of Appeals, the
power, ensuring that lawmakers do not Regional Trial Courts, the
exceed their authority by including
provisions unrelated to the main subject Metropolitan Trial Courts, the Municipal
expressed in the title. Trial Courts, and the Land Registration
In this case: If the law were found to violate Commission and its Registers of Deeds,
the title requirement, it could raise concerns along with certain other government offices.
about the constitutionality of the legislation.
It might be seen as an attempt to pass petitioners are members of the lower courts
provisions unrelated to the regulation of the who feel that their official functions as
retail business without proper transparency. judges will be prejudiced by the
above-named measures.
In the ruling, the court found that the subject
of RA 1180 was adequately expressed in its Issues:
title, dismissing Inchong's argument on this
point. This determination was crucial in constitutionality of R.A. No. 7354 on the
upholding the constitutionality of the law. It grounds that: (1) its title embraces more than
affirmed that the legislative process one subject and does not express its
followed the constitutional requirement of purposes; (2) it did not pass the required
transparency and fair notice, contributing to readings in both Houses of Congress and
the legitimacy of the legislation. printed copies of the bill in its final form
were not distributed among the members
before its passage; and (3) it is The petitioners' contention is untenable. We
discriminatory and encroaches on the do not agree that the title of the challenged
independence of the Judiciary. act violates the Constitution.

Ruling: The title of the bill is not required to be an

index to the body of the act, or to be as
We consider first the objection based on comprehensive as to cover every single
Article VI, Sec. 26(1), of the Constitution detail of the measure. It has been held that if
providing that "Every bill passed by the the title fairly indicates the general subject,
Congress shall embrace only one subject and reasonably covers all the provisions of
which shall be expressed in the title the act,... and is not calculated to mislead the
thereof." legislature or the people, there is sufficient
compliance with the constitutional
The purposes of this rule are: (1) to prevent requirement
hodge-podge or "log-rolling" legislation; (2)
to prevent surprise or fraud upon the To require every end and means necessary
legislature by means of provisions in bills of for the accomplishment of the general
which the title gives no intimation, and objectives of the statute to be expressed in
which might therefore be overlooked and its title would not only be unreasonable but
carelessly and... unintentionally adopted; would actually render legislation impossible
and (3) to fairly apprise the people, through
such publication of legislative proceedings "The repeal of a statute on a given subject is
as is usually made, of the subject of properly connected with the subject matter
legislation that is being considered, in order of a new statute on the same subject; and
that they may have opportunity of being therefore a repealing section in the new
heard thereon, by petition or otherwise, if statute is valid, notwithstanding that the title
they shall so desire. is silent on the subject. It would be difficult
to conceive of a matter more germane to an
It is the submission of the petitioners that act and to the object to be accomplished
Section 35 of R.A. No. 7354 which thereby than the repeal of previous
withdrew the franking privilege from the legislations connected therewith."
Judiciary is not expressed in the title of the
law, nor does it reflect its purposes. The reason is that where a statute repeals a
former law, such repeal is the effect and not
R.A. No. 7354 is entitled "An Act Creating the subject of the statute; and it is the
the Philippine Postal Corporation, Defining subject, not the effect of a law, which is
its Powers, Functions and Responsibilities, required to be briefly expressed in its title.
Providing for Regulation of the Industry and
for Other Purposes Connected Therewith." As observed in one case, if the title of an act
embraces only one subject, we apprehend it
was never claimed that every other act franking privilege, particularly from the
which it repeals or alters by implication Judiciary, was not expressed in the title of
must be mentioned in the title of the new the law and did not reflect its purposes.
act. Any such rule would be neither within
the reason of the Constitution, nor The purpose of the constitutional rule
practicable. requiring a bill to have only one subject
expressed in its title is to prevent several
We are convinced that the withdrawal of the unrelated provisions from being included in
franking privilege from some agencies is one law. This rule aims to avoid
germane to the accomplishment of the "log-rolling" or the inclusion of different
principal objective of R.A. No. 7354, which matters in a single bill, which may mislead
is the creation of a more efficient and legislators and the public.
effective postal service system. Our ruling is
that, by virtue of its... nature as a repealing In this case, the petitioners argued that the
clause, Section 35 did not have to be withdrawal of the franking privilege was not
expressly included in the title of the said connected to the main purpose of creating
law. the Philippine Postal Corporation. The
Supreme Court, however, disagreed with
Relevance of the purposes of the title this argument. It held that the repealing
requirement in the case clause, which included the withdrawal of the
franking privilege, was a valid part of the
In the case of G.R. No. 105371, the law because it was related to the overall
petitioners challenged the constitutionality objective of creating a more efficient postal
of Republic Act No. 7354, which withdrew service system.
the franking privilege (free use of the mail
system) from certain government offices, The Court explained that the title of the law
including the Judiciary. The petitioners did not need to cover every detail, and as
argued that the law violated the long as it reasonably indicated the general
constitutional requirement that every bill subject and covered all provisions of the act,
passed by Congress should embrace only it satisfied the constitutional requirement.
one subject, which must be expressed in the The Court emphasized that the withdrawal
title thereof. of the franking privilege was properly
connected to the subject matter of the law,
The title of R.A. No. 7354 was "An Act and thus, there was no violation of the
Creating the Philippine Postal Corporation, constitutional provision.
Defining its Powers, Functions and
Responsibilities, Providing for Regulation of In essence, the Court upheld the
the Industry and for Other Purposes constitutionality of R.A. No. 7354,
Connected Therewith." The petitioners emphasizing that the title requirement was
contended that the withdrawal of the met, and the withdrawal of the franking
privilege was related to the law's overall public are informed about the general
objective. This decision clarified that the subject matter of the law being considered.
title of a law does not need to be an
exhaustive index of its contents but should If the court finds that the title fairly indicates
reasonably indicate the general subject the general subject and reasonably covers
matter to pass constitutional muster. the provisions of the law, it is more likely to
uphold the law's constitutionality. The court
How are doubts involving title may consider the context, purpose, and
requirements constructed? objectives of the law in determining whether
the title meets constitutional standards.
In legal contexts, doubts involving the title
requirement are generally construed in favor In summary, while doubts involving the title
of the validity of the law. The principle requirement are construed liberally, there
underlying this approach is based on the are limits to this approach. The title should
presumption of constitutionality, which not be so misleading or unrelated that it
means that courts presume legislative fails to provide a reasonable guide to the
enactments are valid unless there is clear contents of the law. The court's role is to
evidence to the contrary. This presumption strike a balance between upholding
recognizes the separation of powers and the legislative enactments and ensuring
deference given to the legislative branch in compliance with constitutional
crafting laws. requirements.

When doubts arise concerning whether a Discuss the legislative process involving
law's title sufficiently expresses its subject, enactment of laws according to the 1987
the courts tend to adopt a liberal or broad Constitution.
construction. The primary goal is to uphold
the legislative act rather than strike it down. Article 6, Section 32. The Congress shall, as
Courts recognize that the drafting of laws early as possible, provide for a system of
involves a complex process, and it may not initiative and referendum, and the
always be feasible or practical to include exceptions therefrom, whereby the people
every detail in the title. can directly propose and enact laws or
approve or reject any act or law or part
However, this does not mean that the title thereof passed by the Congress or local
can be entirely misleading or unrelated to legislative body after the registration of a
the law's content. There should still be a petition therefore signed by at least ten per
reasonable correlation between the title and centum of the total number of registered
the substance of the law. The purpose of the voters, of which every legislative district
title requirement is to prevent surprise or must be represented by at least three per
fraud by ensuring that legislators and the centum of the registered voters thereof.
The legislative process involving the Committee Report: After deliberation, the
enactment of laws in the Philippines is committee submits a report, including its
detailed in the 1987 Constitution. Here's an recommendations, to the plenary.
overview of the key steps in the legislative
process: Second Reading:
Debate and Amendment: The bill undergoes
Proposal of Laws: the second reading, during which it is
Congressional Power: The power to propose subject to debates and possible amendments
and enact laws is vested in the Congress of by members of the legislative chamber.
the Philippines, which is a bicameral
legislature consisting of the Senate and the Approval of the Bill:
House of Representatives. Voting: Members vote on the bill after the
debates. A majority vote is usually required
Types of Legislation: for approval.
Bills and Resolutions: Proposed laws are Third Reading: After approval on the second
presented in the form of bills, which can reading, the bill moves to the third reading.
either be public or private. Public bills deal No further amendments are allowed during
with matters of general interest, while the third reading.
private bills are specific to individuals or
entities. Resolutions express the sentiments Transmittal to the Other Chamber:
or opinions of either the Senate or the House Bicameral Approval: If the bill originated
of Representatives. from the House of Representatives, it is
transmitted to the Senate, and vice versa.
Introduction of Bills: The other chamber then undergoes a similar
Senate and House Origin: Bills may be filed process of readings, debates, and voting.
by members of either the Senate or the
House of Representatives. Bicameral Conference Committee:
First Reading: The bill undergoes the first Resolution of Differences: If there are
reading, where it is assigned to the discrepancies between the versions of the
appropriate committee for study and bill passed by the Senate and the House of
analysis. Representatives, a Bicameral Conference
Committee is formed to reconcile
Committee Action: differences.
Committee Deliberation: The committee, to
which the bill is referred, conducts hearings, Approval by Both Chambers:
debates, and evaluations. The committee Final Reading: Once the reconciled version
may introduce amendments or revisions to is approved by both chambers, the bill
the bill. undergoes the final reading in each
chamber.
Presidential Approval: Bills and Resolutions:
Submission to the President: The final Bills, which can be public or private, are
version of the bill is transmitted to the proposed laws that deal with matters of
President for approval. general interest. Resolutions express the
Presidential Action: The President may sign sentiments or opinions of either the Senate
the bill into law, allow it to lapse into law or the House of Representatives.
without the President's signature, or veto it.
If vetoed, the bill may still become law if Introduction of Bills:
both houses override the veto with a Members of either the Senate or the House
two-thirds vote. of Representatives may file bills. Bills
undergo readings and are assigned to
Publication and Effectivity: committees for study and analysis.
Official Gazette: After the President's
approval or the override of a veto, the law is Committee Action:
published in the Official Gazette and takes Committees deliberate on the bills, conduct
effect 15 days after publication or at a later hearings, and may introduce amendments or
date specified in the law. revisions. The committee submits a report to
This legislative process is designed to ensure the plenary.
thorough deliberation, public participation,
and checks and balances in the creation of Readings and Approval:
laws in the Philippines. Bills undergo readings and debates in both
chambers. Approval requires a majority
Article VI, Section 32 of the 1987 vote. After passing both chambers, the bill is
Constitution of the Philippines introduces transmitted to the President for approval.
the concept of initiative and referendum
as a means by which the people can Presidential Approval:
directly participate in the legislative The President may sign the bill into law,
process. Here's an explanation of the allow it to lapse into law without the
legislative process and the provisions President's signature, or veto it. If vetoed,
related to initiative and referendum: the bill may still become law if both houses
override the veto with a two-thirds vote.
Legislative Process:
Publication and Effectivity:
Proposal of Laws: The law is published in the Official Gazette
The Congress of the Philippines, consisting and takes effect 15 days after publication or
of the Senate and the House of at a later date specified in the law.
Representatives, is primarily responsible for
proposing and enacting laws.
Initiative and Referendum: This provision reflects the constitutional
commitment to democratic principles and
Article VI, Section 32 introduces the system encourages citizen involvement in the
of initiative and referendum: legislative process.

Initiative: What are the bills that must originate

Citizens, through the system of initiative, from the House of Representatives?
can directly propose and enact laws. This
involves the submission of a petition signed According to the 1987 Constitution of the
by at least 10% of the total number of Philippines, all bills for raising revenue must
registered voters. originate exclusively in the House of
Every legislative district must be Representatives. This is explicitly stated in
represented by at least 3% of its registered Article VI, Section 24, which reads:
voters in the petition.
"All appropriation, revenue or tariff bills,
Referendum: bills authorizing increase of the public debt,
The system also allows for a referendum bills of local application, and private bills
where the people can approve or reject any shall originate exclusively in the House of
act or law, or part thereof, passed by Representatives, but the Senate may propose
Congress or a local legislative body. or concur with amendments."
This can be triggered by the registration of a
petition signed by at least 10% of the total In summary, the following types of bills must
number of registered voters. originate from the House of Representatives:

Exceptions: Appropriation Bills: These are bills that

The provision allows for exceptions to the authorize the government to spend public
initiative and referendum process. The funds for specific purposes.
details of these exceptions would be
provided by Congress in legislation. Revenue Bills: Bills that pertain to taxation
or the raising of revenue for the government.
Key Points:
The initiative and referendum process is a Tariff Bills: Legislation related to taxes on
form of direct democracy, allowing citizens imports and exports.
to participate in lawmaking.
It serves as a check-and-balance mechanism, Bills Authorizing Increase of Public Debt:
enabling the people to have a direct say in Legislation allowing the government to
legislation. incur additional debt.
Congress is tasked with providing the
specific details of the initiative and Bills of Local Application: Legislation that
referendum system, including exceptions. specifically applies to a particular locality.
 I. Procedural Issues:
Private Bills: Legislation that affects only
specific individuals or groups rather than A. Does Republic Act No. 7716 violate
the general public. Art. VI, § 24 of the Constitution?
B. Does it violate Art. VI, § 26(2) of the
While these types of bills must originate in Constitution?
the House of Representatives, the Senate has C. What is the extent of the power of the
the power to propose or concur with Bicameral Conference Committee?
amendments. The bicameral nature of the II. Substantive Issues:
Philippine Congress ensures that both
houses play a role in the legislative process, A. Does the law violate the following
particularly on matters related to finance provi­sions in the Bill of Rights (Art. III)?
and revenue. 1. § 1

Discuss Tolentino v. Secretary of Finance, 2. §4

G.R. No. 115455, 25 August 1994.
3. §5
MENDOZA, J.
4. § 10
The value-added tax (VAT) is levied on the
sale, barter or exchange of goods and B. Does the law violate the following other
properties as well as on the sale or exchange provisions of the Constitution?
of services. It is equivalent to 10% of the 1. Art. VI, § 28(1)
gross selling price or gross value in money
of goods or properties sold, bartered or 2. Art. VI, § 28(3)
exchanged or of the gross receipts from the
sale or exchange of services. Republic Act These questions will be dealt in the order
No. 7716 seeks to widen the tax base of the they are stated above. As will presently be
existing VAT system and enhance its explained, not all of these questions are
administration by amending the National judicially cognizable, because not all
Internal Revenue Code. provisions of the Constitution are
self-executing and, therefore, judicially
These are various suits for certiorari and enforceable. The other departments of the
prohibition, challenging the constitutionality government are equally charged with the
of Republic Act No. 7716 on various enforcement of the Constitution, especially
grounds summarized in the resolution of the provisions relating to them.
July 6, 1994 of this Court, as follows:
I. PROCEDURAL ISSUES It appears that on various dates between July
22, 1992 and August 31, 1993, several bills
The contention of petitioners is that in were introduced in the House of
enacting Republic Act No. 7716, or the Representatives seeking to amend certain
Expanded Value-Added Tax Law, Congress provisions of the National Internal Revenue
violated the Constitution because, although Code relative to the value-added tax or VAT.
H. No. 11197 had originated in the House of These bills were referred to the House Ways
Representatives, it was not passed by the and Means Committee which recommended
Senate but was simply consolidated with the for approval a substitute measure, H. No.
Senate version (S. No. 1630) in the 11197, entitled
Conference Committee to produce the bill
which the President signed into law. The AN ACT RESTRUCTURING THE
following provisions of the Constitution are VALUE-ADDED TAX (VAT) SYSTEM TO
cited in support of the proposition that WIDEN ITS TAX BASE AND ENHANCE
because Republic Act No. 7716 was passed ITS ADMINISTRATION, AMENDING
in this manner, it did not originate in the FOR THESE PURPOSES SECTIONS 99,
House of Representatives and it has not 100, 102, 103, 104, 105, 106, 107, 108 AND
thereby become a law: 110 OF TITLE IV, 112, 115 AND 116 OF
TITLE V, AND 236, 237 AND 238 OF
Art. VI, § 24: All appropriation, revenue or TITLE IX, AND REPEALING SECTIONS
tariff bills, bills authorizing increase of the 113 AND 114 OF TITLE V, ALL OF THE
public debt, bills of local application, and NATIONAL INTERNAL REVENUE
private bills shall originate exclusively in the CODE, AS AMENDED
House of Representatives, but the Senate
may propose or concur with amendments. The bill (H. No. 11197) was considered on
second reading starting November 6, 1993
Id., § 26(2): No bill passed by either House and, on November 17, 1993, it was approved
shall become a law unless it has passed three by the House of Representatives after third
readings on separate days, and printed and final reading.
copies thereof in its final form have been
distributed to its Members three days before It was sent to the Senate on November 23,
its passage, except when the President 1993 and later referred by that body to its
certifies to the necessity of its immediate Committee on Ways and Means.
enactment to meet a public calamity or
emergency. Upon the last reading of a bill, On February 7, 1994, the Senate Committee
no amendment thereto shall be allowed, and submitted its report recommending approval
the vote thereon shall be taken immediately of S. No. 1630, entitled
thereafter, and the yeas and nays entered in
the Journal. AN ACT RESTRUCTURING THE
VALUE-ADDED TAX (VAT) SYSTEM TO
WIDEN ITS TAX BASE AND ENHANCE AND FOR THESE PURPOSES
ITS ADMINISTRATION, AMENDING AMENDING AND REPEALING THE
FOR THESE PURPOSES SECTIONS 99, RELEVANT PROVISIONS OF THE
100, 102, 103, 104, 105, 107, 108, AND 110 NATIONAL INTERNAL REVENUE
OF TITLE IV, 112 OF TITLE V, AND 236, CODE, AS AMENDED, AND FOR
237, AND 238 OF TITLE IX, AND OTHER PURPOSES," was thereafter
REPEALING SECTIONS 113, 114 and 116 approved by the House of Representatives
OF TITLE V, ALL OF THE NATIONAL on April 27, 1994 and by the Senate on May
INTERNAL REVENUE CODE, AS 2, 1994. The enrolled bill was then
AMENDED, AND FOR OTHER presented to the President of the Philippines
PURPOSES who, on May 5, 1994, signed it. It became
Republic Act No. 7716. On May 12, 1994,
It was stated that the bill was being Republic Act No. 7716 was published in two
submitted "in substitution of Senate Bill No. newspapers of general circulation and, on
1129, taking into consideration P. S. Res. May 28, 1994, it took effect, although its
No. 734 and H. B. No. 11197. " implementation was suspended until June
30, 1994 to allow time for the registration of
On February 8, 1994, the Senate began business entities. It would have been
consideration of the bill (S. No. 1630). It enforced on July 1, 1994 but its enforcement
finished debates on the bill and approved it was stopped because the Court, by the vote
on second reading on March 24, 1994. On of 11 to 4 of its members, granted a
the same day, it approved the bill on third temporary restraining order on June 30,
reading by the affirmative votes of 13 of its 1994.
members, with one abstention.
First, Petitioners' contention is that Republic
H. No. 11197 and its Senate version (S. No. Act No. 7716 did not "originate exclusively"
1630) were then referred to a conference in the House of Representatives as required
committee which, after meeting four times by Art. V1, § 24 of the Constitution, because
(April 13, 19, 21 and 25, 1994), it is in fact the result of the consolidation of
recommended that "House Bill No. 11197, two distinct bills, H. No. 11197 and S. No.
in consolidation with Senate Bill No. 1630, 1630. In this connection, petitioners point
be approved in accordance with the attached out that although Art. VI, § 24 was adopted
copy of the bill as reconciled and approved from the American Federal Constitution, it
by the conferees." is notable in two respects: the verb "shall
originate" is qualified in the Philippine
The Conference Committee bill, entitled Constitution by the word "exclusively" and
"AN ACT RESTRUCTURING THE the phrase "as on other bills" in the
VALUE-ADDED TAX (VAT) SYSTEM, American version is omitted. This means,
WIDENING ITS TAX BASE AND according to them, that to be considered as
ENHANCING ITS ADMINISTRATION having originated in the House, Republic
Act No. 7716 must retain the essence of H. the treaty-ratifying power is not the exercise
No. 11197. of legislative power. It is the exercise of a
check on the executive power. There is,
This argument will not bear analysis. To therefore, no justification for comparing the
begin with, it is not the law but the revenue legislative powers of the House and of the
bill which is required by the Constitution to Senate on the basis of the possession of such
"originate exclusively" in the House of non legislative power by the Senate. The
Representatives. It is important to emphasize possession of a similar power by the U.S.
this, because a bill originating in the House The Senate has never been thought of as
may undergo such extensive changes in the giving it more legislative powers than the
Senate that the result may be a rewriting of House of Representatives.
the whole. The possibility of a third version
by the conference committee will be In the United States, the validity of a
discussed later. At this point, what is provision (§ 37) imposing an ad valorem tax
important to note is that, as a result of the based on the weight of vessels, which the
Senate action, a distinct bill may be U.S. Senate had inserted in the Tariff Act of
produced. To insist that a revenue statute 1909, was upheld against the claim that the
and not only the bill which initiated the provision was a revenue bill which
legislative process culminating in the originated in the Senate in contravention of
enactment of the law must substantially be Art. I, § 7 of the U.S. Constitution. Nor is
the same as the House bill would be to deny the power to amend limited to adding a
the Senate's power not only to "concur with provision or two in a revenue bill emanating
amendments" but also to "propose from the House. The U.S. Senate has gone
amendments." It would be to violate the so far as changing the whole of bills
coequality of legislative power of the two following the enacting clause and
houses of Congress and in fact make the substituting its own versions. In 1883, for
House superior to the Senate. example, it struck out everything after the
enacting clause of a tariff bill and wrote in
The contention that the constitutional design its place its own measure, and the House
is to limit the Senate's power in respect of subsequently accepted the amendment. The
revenue bills in order to compensate for the U.S. Senate likewise added 847 amendments
grant to the Senate of the treaty-ratifying to what later became the Payne-Aldrich
power and thereby equalize its powers and Tariff Act of 1909; it dictated the schedules
those of the House overlooks the fact that of the Tariff Act of 1921; it rewrote an
the powers being compared are different. We extensive tax revision bill in the same year
are dealing here with the legislative power and recast most of the tariff bill of 1922.
which under the Constitution is vested not in Given, then, the power of the Senate to
any particular chamber but in the Congress propose amendments, the Senate can
of the Philippines, consisting of a Senate and propose its own version even with respect to
a House of Representatives." The exercise of
bills which are required by the Constitution House bill. The Court cannot, therefore,
to originate in the House. understand the alarm expressed over the fact
that on March 1, 1993, eight months before
It is insisted, however, that S. No. 1630 was the House passed H. No. 11197, S. No. 1129
passed not in substitution of H. No. 11197 had been filed in the Senate. After all, it
but of another Senate bill (S. No. 1129) does not appear that the Senate ever
earlier filed and that what the Senate did was considered it. It was only after the Senate
merely to "take [H. No. 11197] into had received H. No. 11197 on November 23,
consideration" in enacting S. No. 1630. 1993 that the process of legislation in
There is really no difference between the respect of it began with the referral to the
Senate preserving H. No. 11197 up to the Senate Committee on Ways and Means of H.
enacting clause and then writing its own No. 11197 and the submission by the
version following the enacting clause Committee on February 7, 1994 of S. No.
(which, it would seem, petitioners admit is 1630. For that matter, if the question were
an amendment by substitution), and, on the simply the priority in the time of filing of
other hand, separately presenting a bill of its bills, the fact is that it was in the House that
own on the same subject matter. In either a bill (H. No. 253) to amend the VAT law
case the result is two bills on the same was first filed on July 22, 1992. Several
subject. other bills had been filed in the House
before S. No. 1129 was filed in the Senate,
Indeed, what the Constitution simply means and H. No. 11197 was only a substitute of
is that the initiative for filing revenue, tariff, those earlier bills.
or tax bills, bills authorizing an increase of
the public debt, private bills and bills of Second. Enough has been said to show that
local application must come from the House it was within the power of the Senate to
of Representatives on the theory that, propose S. No. 1630. We now pass to the
elected as they are from the districts, the next argument of petitioners that S. No.
members of the House can be expected to be 1630 did not pass three readings on separate
more sensitive to the local needs and days as required by the Constitution because
problems. On the other hand, the senators, the second and third readings were done on
who are elected at large, are expected to the same day, March 24, 1994. But this was
approach the same problems from the because on February 24, 1994 and again on
national perspective. Both views are thereby March 22, 1994, the President had certified
made to bear on the enactment of such laws. S. No. 1630 as urgent. The presidential
certification dispensed with the requirement
Nor does the Constitution prohibit the filing not only of printing but also that of reading
in the Senate of a substitute bill in the bill on separate days. The phrase "except
anticipation of its receipt of the bill from the when the President certifies to the necessity
House, so long as action by the Senate as a of its immediate enactment, etc." in. Art. VI,
body is withheld pending receipt of the §26(2) qualifies the two stated conditions
before a bill can become a law: (i) the bill practice. For example, the bill defining the
has passed three readings on separate days certiorari jurisdiction of this Court which, in
and (ii) it has been printed in its final form consolidation with the Senate version,
and distributed three days before it is finally became Republic Act No. 5440, was passed
approved. on second and third readings in the House of
Representatives on the same day (May 14,
In other words, the "unless" clause must be 1968) after the bill had been certified by the
read in relation to the "except" clause, President as urgent.
because the two are really coordinate clauses
of the same sentence. To construe the There is, therefore, no merit in the
"except" clause as simply dispensing with contention that presidential certification
the second requirement in the "unless" dispenses only with the requirement for the
clause (i.e., printing and distribution three printing of the bill and its distribution three
days before final approval) would not only days before its passage but not with the
violate the rules of grammar. It would also requirement of three readings on separate
negate the very premise of the "except" days, also.
clause: the necessity of securing the
immediate enactment of a bill which is It is nonetheless urged that the certification
certified in order to meet a public calamity of the bill in this case was invalid because
or emergency. For if it is only the printing there was no emergency, the condition stated
that is dispensed with by presidential in the certification of a "growing budget
certification, the time saved would be so deficit" not being an unusual condition in
negligible as to be of any use in ensuring this country.
immediate enactment. It may well be
doubted whether doing away with the It is noteworthy that no member of the
necessity of printing and distributing copies Senate saw fit to controvert the reality of the
of the bill three days before the third reading factual basis of the certification. To the
would insure speedy enactment of a law in contrary, by passing S. No. 1630 on second
the face of an emergency requiring the and third readings on March 24, 1994, the
calling of a special election for President Senate accepted the President's certification.
and Vice-President. Under the Constitution Should such certification be now reviewed
such a law is required to be made within by this Court, especially when no evidence
seven days of the convening of Congress in has been shown that, because S. No. 1630
an emergency session. was taken up on second and third readings
on the same day, the members of the Senate
That upon the certification of a bill by the were deprived of the time needed for the
President the requirement of three readings study of a vital piece of legislation?
on separate days and of printing and
distribution can be dispensed with is The sufficiency of the factual basis of the
supported by the weight of legislative suspension of the writ of habeas corpus or
declaration of martial law under Art. VII, § Nor is there anything unusual or
18, or the existence of a national emergency extraordinary about the fact that the
justifying the delegation of extraordinary Conference Committee met in executive
powers to the President under Art. VI, § sessions. Often the only way to reach
23(2), is subject to judicial review because agreement on conflicting provisions is to
basic rights of individuals may be at hazard. meet behind closed doors, with only the
But the factual basis of presidential conferees present. Otherwise, no
certification of bills, which involves doing compromise is likely to be made. The Court
away with procedural requirements designed is not about to take the suggestion of a cabal
to insure that bills are duly considered by or sinister motive attributed to the conferees
members of Congress, certainly should elicit on the basis solely of their "secret meetings"
a different standard of review. on April 21 and 25, 1994, nor read anything
into the incomplete remarks of the members,
Petitioners also invite attention to the fact marked in the transcript of stenographic
that the President certified S. No. 1630 and notes by ellipses. The incomplete sentences
not H. No. 11197. That is because S. No. are probably due to the stenographer's own
1630 was what the Senate was considering. limitations or to the incoherence that
When the matter was before the House, the sometimes characterize conversations.
President likewise certified H. No. 9210 William Safire noted some such lapses in
then pending in the House. recorded talks even by recent past Presidents
of the United States.
Third, Finally it is contended that the bill
which became Republic Act No. 7716 is the In any event, in the United States conference
bill which the Conference Committee committees had been customarily held in
prepared by consolidating H. No. 11197 and executive sessions with only the conferees
S. No. 1630. It is claimed that the and their staffs in attendance. Only in
Conference Committee report included November 1975 was a new rule adopted
provisions not found in either the House bill requiring open sessions. Even then a
or the Senate bill and that these provisions majority of either chamber's conferees may
were "surreptitiously" inserted by the vote in public to close the meetings.
Conference Committee. Much is made of
the fact that in the last two days of its As to the possibility of an entirely new bill
session on April 21 and 25, 1994 the emerging out of a Conference Committee, it
Committee met behind closed doors. We are has been explained:
not told, however, whether the provisions
were not the result of the give and take that Under congressional rules of procedure,
often mark the proceedings of conference conference committees are not expected to
committees. make any material change in the measure at
issue, either by deleting provisions to which
both houses have already agreed or by
inserting new provisions. But this is a provisions of a Senate bill and a House bill,
difficult provision to enforce. Note the and that contrary to these Rules the
problem when one house amends a proposal Conference Committee inserted provisions
originating in either house by striking out not found in the bills submitted to it. The
everything following the enacting clause and following provisions are cited in support of
substituting provisions which make it an this contention:
entirely new bill. The versions are now
altogether different, permitting a conference Rules of the Senate
committee to draft essentially a new bill.
Rule XII:
The result is a third version, which is
considered an "amendment in the nature of a § 26. In the event that the Senate does not
substitute," the only requirement for which agree with the House of Representatives on
being that the third version be germane to the provision of any bill or joint resolution,
the subject of the House and Senate bills. the differences shall be settled by a
conference committee of both Houses which
Indeed, this Court recently held that it is shall meet within ten days after their
within the power of a conference committee composition.
to include in its report an entirely new The President shall designate the members
provision that is not found either in the of the conference committee in accordance
House bill or in the Senate bill. If the with subparagraph (c), Section 3 of Rule Ill.
committee can propose an amendment Each Conference Committee Report shall
consisting of one or two provisions, there is contain a detailed and sufficiently explicit
no reason why it cannot propose several statement of the changes in or amendments
provisions, collectively considered as an to the subject measure, and shall be signed
"amendment in the nature of a substitute," so by the conferees.
long as such amendment is germane to the The consideration of such report shall not be
subject of the bills before the committee. in order unless the report has been filed with
After all, its report was not final but needed the Secretary of the Senate and copies
the approval of both houses of Congress to thereof have been distributed to the
become valid as an act of the legislative Members.
department. The charge that in this case the (Emphasis added)
Conference Committee acted as a third Rules of the House of Representatives
legislative chamber is thus without any
basis. Rule XIV:

Nonetheless, it is argued that under the § 85. Conference Committee Reports. - In

respective Rules of the Senate and the the event that the House does not agree with
House of Representatives a conference the Senate on the amendments to any bill or
committee can only act on the differing joint resolution, the differences may be
settled by conference committees of both Note that, according to Rule XLIX, § 112, in
Chambers. case there is no specific rule applicable,
resort to the legislative practice. The
The consideration of conference committee Jefferson's Manual is resorted to only as a
reports shall always be in order, except supplement. It is commonplace in Congress
when the journal is being read, while the roll that conference committee reports include
is being called or the House is dividing on new matters which, though germane, have
any question. Each of the pages of such not been committed to the committee. This
reports shall be signed by the conferees. practice was admitted by Senator Raul S.
Each report shall contain a detailed, Roco, petitioner in G.R. No. 115543, during
sufficiently explicit statement of the changes the oral argument in these cases. Whatever,
in or amendments to the subject measure. then, may be provided in the Jefferson's
Manual must be considered to have been
The consideration of such report shall not be modified by the legislative practice. If a
in order unless copies thereof are distributed change is desired in the practice it must be
to the Members: Provided, That in the last sought in Congress since this question is not
fifteen days of each session period it shall be covered by any constitutional provision but
deemed sufficient that three copies of the is only an internal rule of each house. Thus,
report, signed as above provided, are Art. VI, § 16(3) of the Constitution provides
deposited in the office of the Secretary that "Each House may determine the rules of
General. its proceedings."

(Emphasis added) This observation applies to the other

To be sure, nothing in the Rules limits a contention that the Rules of the two
conference committee to a consideration of chambers were likewise disregarded in the
conflicting provisions. But Rule XLIV, § preparation of the Conference Committee
112 of the Rules of the Senate is cited to the Report because the Report did not contain a
effect that "If there is no Rule applicable to a "detailed and sufficiently explicit statement
specific case the precedents of the of changes in, or amendments to, the subject
Legislative Department of the Philippines measure." The Report used brackets and
shall be resorted to, and as a supplement of capital letters to indicate the changes. This is
these, the Rules contained in Jefferson's a standard practice in bill-drafting. We
Manual." The following is then quoted from cannot say that in using these marks and
the Jefferson's Manual: symbols the Committee violated the Rules
of the Senate and the House. Moreover, this
The managers of a conference must confine Court is not the proper forum for the
themselves to the differences committed to enforcement of these internal Rules. To the
them and may not include subjects not contrary, as we have already ruled,
within disagreements, even though germane "parliamentary rules are merely procedural
to a question in issue. and with their observance the courts have no
concern." Our concern is with the procedural Conference Committee Report was
requirements of the Constitution for the thereafter approved by the House and the
enactment of laws. As far as these Senate, presumably after appropriate study
requirements are concerned, we are satisfied by their members. We cannot say that, as a
that they have been faithfully observed in matter of fact, the members of Congress
these cases. were not fully informed of the provisions of
the bill. The allegation that the Conference
Nor is there any reason for requiring that the Committee usurped the legislative power of
Committee's Report in these cases must Congress is, in our view, without warrant in
have undergone three readings in each of the fact and in law.
two houses. If that be the case, there would
be no end to negotiation since each house Fourth. Whatever doubts there may be as to
may seek modifications of the compromise the formal validity of Republic Act No.
bill. The nature of the bill, therefore, 7716 must be resolved in its favor. Our cases
requires that it be acted upon by each house manifest firm adherence to the rule that an
on a "take it or leave it" basis, with the only enrolled copy of a bill is conclusive not only
alternative that if it is not approved by both of its provisions but also of its due
houses, another conference committee must enactment. Not even claims that a proposed
be appointed. But then again the result constitutional amendment was invalid
would still be a compromise measure that because the requisite votes for its approval
may not be wholly satisfying to both houses. had not been obtained or that certain
provisions of a statute had been "smuggled"
Art. VI, § 26(2) must, therefore, be in the printing of the bill have moved or
construed as referring only to bills persuaded us to look behind the proceedings
introduced for the first time in either house of a coequal branch of the government.
of Congress, not to the conference There is no reason now to depart from this
committee report. For if the purpose of rule.
requiring three readings is to give members
of Congress time to study bills, it cannot be No claim is here made that the "enrolled
gainsaid that H. No. 11197 was passed in the bill" rule is absolute. In fact in one case we
House after three readings; that in the Senate "went behind" an enrolled bill and consulted
it was considered on first reading and then the Journal to determine whether certain
referred to a committee of that body; that provisions of a statute had been approved by
although the Senate committee did not the Senate in view of the fact that the
report out the House bill, it submitted a President of the Senate himself, who had
version (S. No. 1630) which it had prepared signed the enrolled bill, admitted a mistake
by "taking into consideration" the House and withdrew his signature, so that in effect
bill; that for its part the Conference there was no longer an enrolled bill to
Committee consolidated the two bills and consider.
prepared a compromise version; that the
But where allegations that the constitutional Among the provisions of the NIRC amended
procedures for the passage of bills have not is § 103, which originally read:
been observed have no more basis than
another allegation that the Conference § 103. Exempt transactions. - The following
Committee "surreptitiously" inserted shall be exempt from the value-added tax:
provisions into a bill which it had prepared, ....
we should decline the invitation to go (q) Transactions which are exempt under
behind the enrolled copy of the bill. To special laws or international agreements to
disregard the "enrolled bill" rule in such which the Philippines is a signatory.
cases would be to disregard the respect due Among the transactions exempted from the
the other two departments of our VAT were those of PAL because it was
government. exempted under its franchise (P.D. No.
1590) from the payment of all other taxes
Fifth. An additional attack on the formal now or in the near future," in consideration
validity of Republic Act No. 7716 is made of the payment by it either of the corporate
by the Philippine Airlines, Inc., petitioner in income tax or a franchise tax of 2%.
G.R. No. 11582, namely, that it violates Art.
VI, § 26(1) which provides that "Every bill As a result of its amendment by Republic
passed by Congress shall embrace only one Act No. 7716, § 103 of the NIRC now
subject which shall be expressed in the title provides:
thereof." It is contended that neither H. No.
11197 nor S. No. 1630 provided for removal § 103. Exempt transactions. - The following
of exemption of PAL transactions from the shall be exempt from the value-added tax:
payment of the VAT and that this was made
only in the Conference Committee bill (q) Transactions which are exempt under
which became Republic Act No. 7716 special laws, except those granted under
without reflecting this fact in its title. Presidential Decree Nos. 66, 529, 972, 1491,
1590
The title of Republic Act No. 7716 is: The effect of the amendment is to remove
the exemption granted to PAL, as far as the
AN ACT RESTRUCTURING THE VAT is concerned.
VALUE?ADDED TAX (VAT) SYSTEM,
WIDENING ITS TAX BASE AND The question is whether this amendment of
ENHANCING ITS ADMINISTRATION, § 103 of the NIRC is fairly embraced in the
AND FOR THESE PURPOSES title of Republic Act No. 7716, although no
AMENDING AND REPEALING THE mention is made therein of P.D. No. 1590 as
RELEVANT PROVISIONS OF THE among those which the statute amends. We
NATIONAL INTERNAL REVENUE think it is, since the title states that the
CODE, AS AMENDED, AND FOR purpose of the statute is to expand the VAT
OTHER PURPOSES. system, and one way of doing this is to
widen its base by withdrawing some of the consider it sufficient if the title expresses the
exemptions granted before. To insist that general subject of the statute and all its
P.D. No. 1590 be mentioned in the title of provisions are germane to the general
the law, in addition to § 103 of the NIRC, in subject thus expressed.
which it is specifically referred to, would be
to insist that the title of a bill should be a It is further contended that amendment of
complete index of its content. petitioner's franchise may only be made by
special law, in view of § 24 of P.D. No. 1590
The constitutional requirement that every which provides:
bill passed by Congress shall embrace only
one subject which shall be expressed in its This franchise, as amended, or any section
title is intended to prevent surprise upon the or provision hereof may only be modified,
members of Congress and to inform the amended, or repealed expressly by a special
people of pending legislation so that, if they law or decree that shall specifically modify,
wish to, they can be heard regarding it. If, in amend, or repeal this franchise or any
the case at bar, petitioner did not know section or provision thereof.
before that its exemption had been This provision is evidently intended to
withdrawn, it is not because of any defect in prevent the amendment of the franchise by
the title but perhaps for the same reason mere implication resulting from the
other statutes, although published, pass enactment of a later inconsistent statute, in
unnoticed until some event somehow calls consideration of the fact that a franchise is a
attention to their existence. Indeed, the title contract which can be altered only by
of Republic Act No. 7716 is not any more consent of the parties. Thus in Manila
general than the title of PAL's own franchise Railroad Co. v. Rafferty, it was held that an
under P.D. No. 1590, and yet no mention is Act of the U.S. Congress, which provided
made of its tax exemption. The title of P.D. for the payment of tax on certain goods and
No. 1590 is: articles imported into the Philippines, did
not amend the franchise of plaintiff, which
AN ACT GRANTING A NEW exempted it from all taxes except those
FRANCHISE TO PHILIPPINE AIRLINES, mentioned in its franchise. It was held that a
INC. TO ESTABLISH, OPERATE, AND special law cannot be amended by a general
MAINTAIN AIR-TRANSPORT SERVICES law.
IN THE PHILIPPINES AND BETWEEN
THE PHILIPPINES AND OTHER In contrast, in the case at bar, Republic Act
COUNTRIES. No. 7716 expressly amends PAL's franchise
(P.D. No. 1590) by specifically excepting
The trend in our cases is to construe the from the grant of exemptions from the VAT
constitutional requirement in such a manner PAL's exemption under P.D. No. 1590. This
that courts do not unduly interfere with the is within the power of Congress to do under
enactment of necessary legislation and to Art. XII, 11 of the Constitution, which
provides that the grant of a franchise for the vote of a majority of all its members and (2)
operation of a public utility is subject to the Secretary's duty is to execute the law.
amendment, alteration or repeal by Congress
when the common good so requires. § 103 of the NIRC contains a list of
transactions exempted from VAT. Among
II. SUBSTANTIVE ISSUES the transactions previously granted
exemption were:
A. Claims of Press Freedom, Freedom of
Thought and Religious Freedom (f) Printing, publication, importation or sale
of books and any newspaper, magazine,
The Philippine Press Institute (PPI), review, or bulletin which appears at regular
petitioner in G.R. No. 115544, is a nonprofit intervals with fixed prices for subscription
organization of newspaper publishers and sale and which is devoted principally to
established for the improvement of the publication of advertisements.
journalism in the Philippines. On the other Republic Act No. 7716 amended § 103 by
hand, petitioner in G.R. No. 115781, the deleting (f) with the result that print media
Philippine Bible Society (PBS), is a became subject to the VAT with respect to
nonprofit organization engaged in the all aspects of their operations. Later,
printing and distribution of bibles and other however, based on a memorandum of the
religious articles. Both petitioners claim Secretary of Justice, respondent Secretary of
violations of their rights under §§ 4 and 5 of Finance issued Revenue Regulations No.
the Bill of Rights as a result of the 11-94, dated June 27, 1994, exempting the
enactment of the VAT Law. "circulation income of print media pursuant
to § 4 Article III of the 1987 Philippine
The PPI questions the law insofar as it has Constitution guaranteeing against
withdrawn the exemption previously granted abridgment of freedom of the press, among
to the press under § 103 (f) of the NIRC. others." The exemption of "circulation
Although the exemption was subsequently income" has left income from
restored by administrative regulation with advertisements still subject to the VAT.
respect to the circulation income of
newspapers, the PPI presses its claim It is unnecessary to pass upon the contention
because of the possibility that the exemption that the exemption granted is beyond the
may still be removed by mere revocation of authority of the Secretary of Finance to give,
the regulation of the Secretary of Finance. in view of PPI's contention that even with
On the other hand, the PBS goes so far as to the exemption of the circulation revenue of
question the Secretary's power to grant print media there is still an unconstitutional
exemption for two reasons: (1) The abridgment of press freedom because of the
Secretary of Finance has no power to grant imposition of the VAT on the gross receipts
tax exemption because this is vested in of newspapers from advertisements and on
Congress and requires for its exercise the their acquisition of paper, ink and services
for publication. Even on the assumption that transactions, it is not because it is being
no exemption has effectively been granted to singled out, much less targeted, for special
print media transactions, we find no treatment but only because of the removal of
violation of press freedom in these cases. the exemption previously granted to it by
law. The withdrawal of exemption is all that
To be sure, we are not dealing here with a is involved in these cases. Other
statute that on its face operates in the area of transactions, likewise previously granted
press freedom. The PPI's claim is simply exemption, have been delisted as part of the
that, as applied to newspapers, the law scheme to expand the base and the scope of
abridges press freedom. Even with due the VAT system. The law would perhaps be
recognition of its high estate and its open to the charge of discriminatory
importance in a democratic society, treatment if the only privilege withdrawn
however, the press is not immune from had been that granted to the press. But that is
general regulation by the State. It has been not the case.
held:
The situation in the case at bar is indeed a
The publisher of a newspaper has no far cry from those cited by the PPI in
immunity from the application of general support of its claim that Republic Act No.
laws. He has no special privilege to invade 7716 subjects the press to discriminatory
the rights and liberties of others. He must taxation. In the cases cited, the
answer for libel. He may be punished for discriminatory purpose was clear either from
contempt of court. Like others, he must pay the background of the law or from its
equitable and nondiscriminatory taxes on his operation. For example, in Grosjean v.
business. American Press Co., the law imposed a
The PPI does not dispute this point, either. license tax equivalent to 2% of the gross
receipts derived from advertisements only
What it contends is that by withdrawing the on newspapers which had a circulation of
exemption previously granted to print media more than 20,000 copies per week. Because
transactions involving printing, publication, the tax was not based on the volume of
importation or sale of newspapers, Republic advertisement alone but was measured by
Act No. 7716 has singled out the press for the extent of its circulation as well, the law
discriminatory treatment and that within the applied only to the thirteen large newspapers
class of mass media the law discriminates in Louisiana, leaving untaxed four papers
against print media by giving broadcast with circulation of only slightly less than
media favored treatment. We have carefully 20,000 copies a week and 120 weekly
examined this argument, but we are unable newspapers which were in serious
to find a differential treatment of the press competition with the thirteen newspapers in
by the law, much less any censorial question. It was well known that the thirteen
motivation for its enactment. If the press is newspapers had been critical of Senator
now required to pay a value-added tax on its Huey Long, and the Long Dominated
legislature of Louisiana responded by taxing again amending the law so as to exempt the
what Long described as the "lying first $100,000 of paper and ink used, further
newspapers" by imposing on them "a tax on narrowed the coverage of the tax so that
lying." The effect of the tax was to curtail "only a handful of publishers pay any tax at
both their revenue and their circulation. As all and even fewer pay any significant
the U.S. The Supreme Court noted, the tax amount of tax." The discriminatory purpose
was "a deliberate and calculated device in was thus very clear.
the guise of a tax to limit the circulation of
information to which the public is entitled in More recently, in Arkansas Writers' Project,
virtue of the constitutional guarantees."The Inc. v. Ragland, it was held that a law which
case is a classic illustration of the warning taxed general interest magazines but not
that the power to tax is the power to destroy. newspapers and religious, professional, trade
and sports journals was discriminatory
In the other case invoked by the PPI, the because while the tax did not single out the
press was also found to have been singled press as a whole, it targeted a small group
out because everything was exempt from the within the press. What is more, by
"use tax" on ink and paper, except the press. differentiating on the basis of contents (i.e.,
Minnesota imposed a tax on the sales of between general interest and special
goods in that state. To protect the sales tax, interests such as religion or sports) the law
it enacted a complementary tax on the became "entirely incompatible with the First
privilege of "using, storing or consuming in Amendment's guarantee of freedom of the
that state tangible personal property" by press."
eliminating the residents' incentive to get
goods from outside states where the sales These cases come down to this: that unless
tax might be lower. The Minnesota Star justified, the differential treatment of the
Tribune was exempted from both taxes from press creates risks of suppression of
1967 to 1971. In 1971, however, the state expression. In contrast, in the cases at bar,
legislature amended the tax scheme by the statute applies to a wide range of goods
imposing the "use tax" on the cost of paper and services. The argument that, by
and ink used for publication. The law was imposing the VAT only on print media
held to have singled out the press because whose gross sales exceeds P480,000 but not
(1) there was no reason for imposing the more than P750,000, the law discriminates is
"use tax" since the press was exempt from without merit since it has not been shown
the sales tax and (2) the "use tax" was laid that as a result the class subject to tax has
on an "intermediate transaction rather than been unreasonably narrowed. The fact is that
the ultimate retail sale." Minnesota had a this limitation does not apply to the press
heavy burden of justifying the differential alone but to all sales. Nor is impermissible
treatment and it failed to do so. In addition, motive shown by the fact that print media
the U.S. Supreme Court found the law to be and broadcast media are treated differently.
discriminatory because the legislature, by The press is taxed on its transactions
involving printing and publication, which case of American Bible Society v. City of
are different from the transactions of Manila is cited by both the PBS and the PPI
broadcast media. There is thus a reasonable in support of their contention that the law
basis for the classification. imposes censorship. There, this Court held
that an ordinance of the City of Manila,
The cases canvassed, it must be stressed, which imposed a license fee on those
eschew any suggestion that "owners of engaged in the business of general
newspapers are immune from any forms of merchandise, could not be applied to the
ordinary taxation." The license tax in the appellant's sale of bibles and other religious
Grosjean case was declared invalid because literature. This Court relied on Murdock v.
it was "one single in kind, with a long Pennsylvania, in which it was held that, as a
history of hostile misuse against the freedom license fee is fixed in amount and unrelated
of the press."[34] On the other hand, to the receipts of the taxpayer, the license
Minneapolis Star acknowledged that "The fee, when applied to a religious sect, was
First Amendment does not prohibit all actually being imposed as a condition for the
regulation of the press [and that] the States exercise of the sect's right under the
and the Federal Government can subject Constitution. For that reason, it was held, the
newspapers to generally applicable license fee "restrains in advance those
economic regulations without creating constitutional liberties of press and religion
constitutional problems." and inevitably tends to suppress their
exercise."
What has been said above also disposes of
the allegations of the PBS that the removal But, in this case, the fee in § 107, although a
of the exemption of printing, publication or fixed amount (P1,000), is not imposed for
importation of books and religious articles, the exercise of a privilege but only for the
as well as their printing and publication, purpose of defraying part of the cost of
likewise violates freedom of thought and of registration. The registration requirement is
conscience. For as the U.S. Supreme Court a central feature of the VAT system. It is
unanimously held in Jimmy Swaggart designed to provide a record of tax credits
Ministries v. Board of Equalization, the Free because any person who is subject to the
Exercise of Religion Clause does not payment of the VAT pays an input tax, even
prohibit imposing a generally applicable as he collects an output tax on sales made or
sales and use tax on the sale of religious services rendered. The registration fee is
materials by a religious organization. thus a mere administrative fee, one not
imposed on the exercise of a privilege, much
This brings us to the question whether the less a constitutional right.
registration provision of the law, although of
general applicability, nonetheless is invalid For the foregoing reasons, we find the attack
when applied to the press because it lays a on Republic Act No. 7716 on the ground
prior restraint on its essential freedom. The that it offends the free speech, press and
freedom of religion guarantees of the constitutionality in civil liberties cases, but
Constitution to be without merit. For the obviously it does set up a hierarchy of
same reasons, we find the claim of the values within the due process clause."
Philippine Educational Publishers
Association (PEPA) in G.R. No. 115931 that Indeed, the absence of threat of immediate
the increase in the price of books and other harm makes the need for judicial
educational materials as a result of the VAT intervention less evident and underscores the
would violate the constitutional mandate to essential nature of petitioners' attack on the
the government to give priority to education, law on the grounds of regressivity, denial of
science and technology (Art. II,§17) to be due process and equal protection and
untenable. impairment of contracts as a mere academic
discussion of the merits of the law. For the
B. Claims of Regressivity, Denial of Due fact is that there have even been no notices
Process, Equal Protection, and Impairment of assessments issued to petitioners and no
of Contracts determinations at the administrative levels
of their claims so as to illuminate the actual
There is a basis for passing upon claims that operation of the law and enable us to reach
on its face the statute violates the guarantees sound judgment regarding so fundamental
of freedom of speech, press and religion. questions as those raised in these suits.
The possible "chilling effect" which it may
have on the essential freedom of the mind Thus, the broad argument against the VAT is
and conscience and the need to assure that that it is regressive and that it violates the
the channels of communication are open and requirement that "The rule of taxation shall
operating importantly demand the exercise be uniform and equitable and Congress shall
of this Court's power of review. evolve a progressive system of taxation."
Petitioners in G.R. No. 115781 quote from a
There is, however, no justification for paper, entitled "VAT Policy Issues:
passing upon the claims that the law also Structure, Regressivity, Inflation and
violates the rule that taxation must be Exports" by Alan A. Tait of the International
progressive and that it denies petitioners' Monetary Fund, that "VAT payment by
right to due process and the equal protection low-income households will be a higher
of the laws. The reason for this different proportion of their incomes (and
treatment has been cogently stated by an expenditures) than payments by
eminent authority on constitutional law thus: higher-income households. That is, the VAT
"When freedom of the mind is imperiled by will be regressive." Petitioners contend that
law, it is freedom that commands a as a result of the uniform 10% VAT, the tax
momentum of respect; when property is on consumption goods of those who are in
imperiled it is the lawmakers' judgment that the higher-income bracket, which before
commands respect. This dual standard may were taxed at a rate higher than 10%, has
not precisely reverse the presumption of been reduced, while basic commodities,
which before were taxed at rates ranging it will the "rich," as the Cooperative Union
from 3% to 5%, are now taxed at a higher of the Philippines (CUP) claims in G.R. No.
rate. 115873, is largely an academic exercise. On
the other hand, the CUP's contention that
Just as vigorously as it is asserted that the Congress' withdrawal of exemption of
law is regressive, the opposite claim is producers cooperatives, marketing
pressed by respondents that in fact it cooperatives, and service cooperatives,
distributes the tax burden to as many goods while maintaining that granted to electric
and services as possible particularly to those cooperatives, not only goes against the
which are within the reach of higher income constitutional policy to promote
groups, even as the law exempts basic goods cooperatives as instruments of social justice
and services. It is thus equitable. The goods (Art. XII, § 15) but also denies such
and properties subject to the VAT are those cooperatives the equal protection of the law
used or consumed by higher-income groups. is actually a policy argument. The
These include real properties held primarily legislature is not required to adhere to a
for sale to customers or held for lease in the policy of "all or none" in choosing the
ordinary course of business, the right or subject of taxation.
privilege to use industrial, commercial or
scientific equipment, hotels, restaurants and Nor is the contention of the Chamber of
similar places, tourist buses, and the like. On Real Estate and Builders Association
the other hand, small business (CREBA), petitioner in G.R. 115754, that
establishments, with annual gross sales of the VAT will reduce the markup of its
less than P500,000, are exempted. This, members by as much as 85% to 90% any
according to respondents, removes from the more concrete. It is a mere allegation. On
coverage of the law some 30,000 business the other hand, the claim of the Philippine
establishments. On the other hand, an Press Institute, petitioner in G.R. No.
occasional paper of the Center for Research 115544, that the VAT will drive some of its
and Communication cites a NEDA study members out of circulation because their
that the VAT has minimal impact on profits from advertisements will not be
inflation and income distribution and that enough to pay for their tax liability, while
while additional expenditure of the lowest purporting to be based on the financial
income class is only P301 or 1.49% a year, statements of the newspapers in question,
that for a family earning P500,000 a year or still falls short of the establishment of facts
more is P8,340 or 2.2%. by evidence so necessary for adjudicating
the question whether the tax is oppressive
Lacking empirical data on which to base any and confiscatory.
conclusion regarding these arguments, any
discussion whether the VAT is regressive in Indeed, regressivity is not a negative
the sense that it will hit the "poor" and standard for courts to enforce. What
middle-income group in society harder than Congress is required by the Constitution to
do is to "evolve a progressive system of obligations as between parties, but the
taxation." This is a directive to Congress, reservation of essential attributes of
just like the directive to it to give priority to sovereign power is also read into contracts
the enactment of laws for the enhancement as a basic postulate of the legal order. The
of human dignity and the reduction of social, policy of protecting contracts against
economic and political inequalities (Art. impairment presupposes the maintenance of
XIII, § 1), or for the promotion of the right a government which retains adequate
to "quality education" (Art. XIV, § 1). These authority to secure the peace and good order
provisions are put in the Constitution as of society.
moral incentives to legislation, not as
judicially enforceable rights. In truth, the Contract Clause has never been
thought of as a limitation on the exercise of
At all events, our 1988 decision in the State's power of taxation save only
Kapatiran[45] should have laid to rest the where a tax exemption has been granted for
questions now raised against the VAT. There a valid consideration. Such is not the case of
similar arguments made against the original PAL in G.R. No. 115852, and we do not
VAT Law (Executive Order No. 273) were understand it to make this claim. Rather, its
held to be hypothetical, with no more basis position, as discussed above, is that the
than newspaper articles which this Court removal of its tax exemption cannot be
found to be "hearsay and [without] made by a general, but only by a specific,
evidentiary value." As Republic Act No. law.
7716 merely expands the base of the VAT
system and its coverage as provided in the The substantive issues raised in some of the
original VAT Law, further debate on the cases are presented in abstract, hypothetical
desirability and wisdom of the law should form because of the lack of a concrete
have shifted to Congress. record. We accept that this Court does not
only adjudicate private cases; that public
Only slightly less abstract but nonetheless actions by "non-Hohfeldian" or ideological
hypothetical is the contention of CREBA plaintiffs are now cognizable provided they
that the imposition of the VAT on the sales meet the standing requirement of the
and leases of real estate by virtue of Constitution; that under Art. VIII, § 1,
contracts entered into prior to the effectivity 2 the Court has a "special function" of
of the law would violate the constitutional vindicating constitutional rights.
provision that "No law impairing the Nonetheless the feeling cannot be escaped
obligation of contracts shall be passed." It is that we do not have before us in these cases
enough to say that the parties to a contract a fully developed factual record that alone
cannot, through the exercise of prophetic can impart to our adjudication the impact of
discernment, fetter the exercise of the taxing actuality[49] to insure that decision-making
power of the State. For not only are existing is informed and well grounded. Needless to
laws read into contracts in order to fix say, we do not have power to render
advisory opinions or even jurisdiction over And when the judiciary mediates to allocate
petitions for declaratory judgment. In effect constitutional boundaries, it does not assert
we are being asked to do what the any superiority over the other departments;
Conference Committee is precisely accused it does not in reality nullify or invalidate an
of having done in these cases to sit as a third act of the legislature, but only asserts the
legislative chamber to review legislation. solemn and sacred obligation assigned to it
by the Constitution to determine conflicting
We are told, however, that the power of claims of authority under the Constitution
judicial review is not so much power as it is and to establish for the parties in an actual
duty imposed on this Court by the controversy the rights which that instrument
Constitution and that we would be remiss in secures and guarantees to them. This
the performance of that duty if we decline to conception of the judicial power has been
look behind the barriers set by the principle affirmed in several cases of this Court
of separation of powers. Art. VIII, § I, 2 is following Angara.
cited in support of this view:
It does not add anything, therefore, to
Judicial power includes the duty of the invoke this "duty" to justify this Court's
courts of justice to settle actual controversies intervention in what is essentially a case that
involving rights which are legally at best is not ripe for adjudication. That duty
demandable and enforceable, and to must still be performed in the context of a
determine whether or not there has been a concrete case or controversy, as Art. VIII, §
grave abuse of discretion amounting to lack 5(2) clearly defines our jurisdiction in terms
or excess of jurisdiction on the part of any of "cases," and nothing but "cases." That the
branch or instrumentality of the other departments of the government may
Government. have committed a grave abuse of discretion
To view the judicial power of review as a is not an independent ground for exercising
duty is nothing new. Chief Justice Marshall our power. Disregarding the essential limits
said so in 1803, to justify the assertion of imposed by the case and controversy
this power in Marbury v. Madison: requirement can in the long run only result
in undermining our authority as a court of
It is emphatically the province and duty of law. For, as judges, what we are called upon
the judicial department to say what the law to render is judgment according to law, not
is. Those who apply the rule to particular according to what may appear to be the
cases must of necessity expound and opinion of the day.
interpret that rule. If two laws conflict with
each other, the courts must decide on the In the preceding pages we have endeavored
operation of each. Justice Laurel echoed this to discuss, within limits, the validity of
justification in 1936 in Angara v. Electoral Republic Act No. 7716 in its formal and
Commission: substantive aspects as this has been raised in
the various cases before us. To sum up, we appropriation, revenue, or tariff bills, as well
hold: as bills authorizing an increase of the public
debt, bills of local application, and private
(1) That the procedural requirements of the bills, must originate exclusively in the
Constitution have been complied with by House of Representatives. The Senate may
Congress in the enactment of the statute; propose or concur with amendments.

(2) That judicial inquiry whether the formal In the case of Arturo Tolentino vs. Secretary
requirements for the enactment of statutes of Finance (G.R. No. 115455, August 25,
beyond those prescribed by the Constitution 1994), the challenge to the constitutionality
have been observed is precluded by the of the Expanded Value Added Tax Law
principle of separation of powers; (E-Vat) was based on the argument that it
did not originate exclusively in the House of
(3) That the law does not abridge freedom of Representatives as required by the
speech, expression or the press, nor interfere Constitution.
with the free exercise of religion, nor deny
to any of the parties the right to an The Court clarified that what needs to
education; and originate exclusively in the House of
Representatives is the revenue bill and not
(4) That, in view of the absence of a factual necessarily the law itself. In this case, H.
foundation of record, claims that the law is No. 11197 was filed in the House of
regressive, oppressive and confiscatory and Representatives and passed three readings. It
that it violates vested rights protected under was then transmitted to the Senate, where it
the Contract Clause are prematurely raised underwent amendments and was approved
and do not justify the grant of prospective as S. No. 1630. The Court held that since the
relief by writ of prohibition. Senate bill was a mere amendment of the
House bill, the constitutional requirement
WHEREFORE, the petitions in these cases was satisfied.
are DISMISSED.
The Court also addressed the issue of the
Relevance of the bills that must originate Conference Committee's power to include
from the House of Representatives in this entirely new provisions not found in either
case. the House or Senate bills. It emphasized that
it is within the power of the Conference
The relevance of the bills originating Committee to propose amendments,
exclusively from the House of including those in the nature of a substitute,
Representatives in this case lies in the as long as these amendments are germane to
constitutional requirement set forth in the subject of the bills before the committee.
Article VI, Section 24 of the 1987 Philippine
Constitution. This provision states that all
The relevance of the bills originating from presumption that official acts have been
the House of Representatives, therefore, is regularly performed. It upholds the integrity
crucial to ensure compliance with the and finality of the legislative process,
constitutional provision on the exclusive preventing courts from delving into inquiries
origination of revenue bills in the lower regarding the internal proceedings leading
house, while also recognizing the Senate's to the enactment of a law.
authority to propose amendments. The case
underscores the distinction between the law In the Philippines, the enrolled bill doctrine
and the revenue bill, emphasizing that it is is recognized and applied by the courts. The
the revenue bill that must originate principle is articulated in the case of
exclusively in the House of Representatives "Mabanag v. Lopez Vito" (78 Phil. 1, 1947),
to comply with constitutional requirements. where the Supreme Court held that the
enrolled bill, attested to by the officers of
What is the enrolled bill doctrine both houses of Congress and approved by
the President, is conclusive upon the
The enrolled bill rule is a principle of judiciary.
judicial interpretation of rules of procedure
in legislative bodies. Under the doctrine, The doctrine, however, is not absolute. There
once a bill passes a legislative body and is are exceptions, and the Supreme Court may
signed into law, the courts assume that all still review the legislative process under
rules of procedure in the enactment process certain circumstances, such as when there is
were properly followed. a clear violation of the Constitution or when
the enrolled bill is not authenticated in the
The enrolled bill doctrine is a legal principle manner required by law.
that recognizes the conclusive presumption
of the regularity and due enactment of In summary, the enrolled bill doctrine in the
legislative bills that have undergone the Philippines emphasizes the finality and
entire legislative process and have been conclusiveness of duly enacted laws. While
authenticated by the signatures of the it upholds the separation of powers and the
presiding officers of both houses of presumption of regularity, it does not shield
Congress and, in due course, by the laws from judicial scrutiny in cases where
President of the Philippines. According to there are clear constitutional violations or
this doctrine, once a bill has been duly procedural irregularities.
enacted by both houses and approved by the
President, it is presumed to be valid and
constitutional.

The enrolled bill doctrine is based on the

separation of powers among the three
branches of government and the
Discuss Morales v. Subido, 27 SCRA 131 satisfactory service in a provincial, city or
(1969) municipal police agency although they have
not qualified in an appropriate civil service
Facts: examination are considered as civil service
Enrique V. Morales is the chief of the eligible for the purpose of this Act."
detective bureau of the Manila Police
Department and holds the rank of lieutenant On the other hand, the appointment of chiefs
colonel. of police is the precise gravamen of section
10, the last paragraph of which states:
Upon the resignation of Brig. Gen. Ricardo
G. Papa on March 14, 1968, the petitioner "Where no civil service eligible is available,
was designated acting chief of police of provisional appointment may be made in
Manila and, at the same time, given a accordance with Civil Service Law and
provisional appointment to the same rules: Provided, that the appointee possesses
position by the mayor of Manila. the above educational qualification:
Provided, further, That in no case shall such
Commissioner Civil Service Abelardo appointment extend beyond six months,
Subido approved the designation of the except for a valid cause, and with the
petitioner but rejected his appointment for approval of the Civil Service Commission."
"failure to meet the Mi­nimum educational
and civil service eligibility requirements for It is next contended that to read section 10
the... said position." as requiring a bachelor's degree, in addition
to service either in the Armed Forces of the
"(3) has served in the police department of Philippines or in the National Bureau of
any city with the rank of captain or its Investigation or as chief of police with an
equivalent therein for at least three years; exemplary record or as a captain in a city
OR police... department for at least three years,
would be to create an "absurd situation" in
As he has served successively as captain, which a person who has served for only one
major and lieutenant colonel in the MPD month in the AFP or the NBI is in law
since 1954, the petitioner's insistence is that considered the equal of another who has
he falls under the third class of persons been a chief of police or has been a captain
qualified for appointment as chief of a city in a city police agency for at least three
police department. years. From this it is concluded that "the
only logical equivalence of these two groups
The petitioner invokes the last paragraph of (Chief of Police with exemplary record and
section 9 of the Act which provides: Police Captain for at least 3 years in a City
Police Agency) is the bachelor's de­gree."
"Persons who at the time of the approval of Somebody insisted that in order to
this Act have rendered at least five years of professionalize our police system and also to
attain a high standard of police efficiency, the Act bears on page 15 thereof the
we must have a chief of police who has a signatures of President of the Senate Arturo
college degree. M. Tolentino and Speaker of the House of
Representatives Cornelio T. Villareal, and on
Thus it appears that it was because of the page 16 thereof those of Eliseo M. Tenza,
educational requirement contained in the bill Secretary of the Senate, and Inocencio E.
that objections were expressed, but while it Pareja, Secretary of the House of
was agreed to delete this requirement during Re­presentatives, and of President
the period of amendment, no motion was
ever presented to effect the change. Ferdinand E. Marcos. Under the enrolled
bill theory, announced in Mabanag V. Lopez
In the Senate, the Committee on Vito this text of the Act must be deemed as
Government Reorganization, to which importing absolute verity and as binding on
House Bill 6951 was referred, reported a the courts
substitute measure. It is to this substitute bill
that section 10 of the Act owes its present To proceed with the history of the statute, it
form and substance. appears that when the two chambers of the
legislature met in conference committee, the
who has served as officer in the Armed phrase "has served as chief of police with
Forces exemplary record" was added, thereby
accounting for its presence in section 10 of
It is to be noted that the Rodrigo amendment the Act.
was in the nature of an addition to the
phrase, "who has served the police Issues:
department of a city for at least 8 years with
the rank of captain and/ or higher," under The issue rather is whether, within the
which the meaning and intendment of the law, in
addition to service qualification, one should
However, somewhere in the legislative have educational qualification as shown by
process the phrase was dropped and only the the possession... of a bachelor's degree.
Rodrigo amendment was retained.
Ruling:
Because of the suggested possibility that the
deletion was made by mistake, the writer of That the purpose is to require both
this opinion personally and painstakingly educational and service the qualifications of
read and examined the enrolled bill in the those seeking appointment as chief of police
possession of the legislative secretary of the is evident from a reading of the original
Office of the President, and found that the provision of House Bill 6951 and the
text of section 10 of the Act is as set forth in successive revisions it underwent.
the beginning of this opinion. The text of
It was precisely because the bill was clearly when a bill, thus attested, receives his
understood as requiring both educational approval, its authentica­tion as a bill that has
and service qualifications that the following passed Congress should be deemed
exchanges of view were made on the floor complete and unimpeachable.
of the House of Representatives:
Relevance of the enrolled bill doctrine in
What, then, is the significance of this? It this case.
logically means that - except for that vagrant
phrase "who has served the police In the case of ENRIQUE V. MORALES vs.
department of a city for at least 8 years with ABELARDO SUBIDO (G.R. No. L-29658,
the rank of captain and/or higher" - a high February 27, 1969), the relevance of the
school graduate, no matter how long he has enrolled bill doctrine is evident in the court's
served in a city police department, is not resolution denying the petitioner's motions
qualified for appointment as chief of police. for reconsideration. The enrolled bill
doctrine holds that the signed and enrolled
In conclusion, we hold that, under the version of a bill, as attested to by the
present state of the law, the petitioner is presiding officers of both houses of
neither qualified nor eligible for Congress and approved by the President, is
appointment as chief of police of the city of conclusive evidence of its validity and
Manila. Consequently, the respondent has content. The doctrine emphasizes the finality
no corresponding legal duty - and therefore and integrity of the legislative process.
may not be compelled by mandamus - to
certify the petitioner as qualified and In this case, the petitioner contested a
eligible. specific provision (Section 10) of the Police
Act of 1966, claiming that a crucial phrase
Principles: had been omitted during the engrossment or
proofreading of the bill. The petitioner
"The signing by the Speaker of the House of argued that the version approved by the
Representatives, and, by the President of the Senate on third reading, which included the
Senate, in open session, of an enrolled bill, phrase, was the correct one.
is an official attestation by the two houses of
such a bill as one that has passed Congress. However, the court, in adhering to the
It is a declaration by the two houses, through enrolled bill doctrine, emphasized that it
their presiding officers, to the President, that could not go behind the enrolled act to
a bill, thus attested, has received in the form, investigate what happened during the
the sanction of the legislative branch of the legislative process. The court highlighted
government, and that it is delivered to him that the version of Section 10 found in the
in obedience to the constitutional enrolled Act, as deposited in the office of
requirement that all bills which pass the legislative secretary of the President and
Congress shall be presented to him. And
published by the Bureau of Printing, was issuances take various forms and serve
conclusive evidence of the law's final form. different purposes, helping the President
fulfill their duties and responsibilities. Here
The court rejected the petitioner's attempt to are some common types of presidential
introduce evidence of changes made during issuances in the Philippines:
the proofreading stage, arguing that such an
investigation would undermine the principle Executive Orders (EO): These are official
of separation of powers and cast the directives issued by the President to manage
judiciary in the role of determining what and govern the operations of the executive
occurred in the legislative process. The court branch. Executive Orders can create or
emphasized that the enrolled bill doctrine reorganize government agencies, define
prevents courts from questioning the their functions, and implement laws.
legislative process and directs any necessary
corrections or amendments to be made Presidential Proclamations: Proclamations
through legislative means. are formal announcements or declarations
issued by the President. They are often used
In summary, the relevance of the enrolled to declare public holidays, special
bill doctrine in this case was crucial in observances, or states of calamity.
upholding the finality and conclusiveness of Proclamations may also address issues of
the enrolled Act, dismissing attempts to national importance.
challenge the law based on alleged
discrepancies or changes made during the Presidential Decrees (PD): Although the
proofreading or engrossment stage. term "presidential decree" was more
commonly used during the martial law
What are presidential issuances? period under President Ferdinand Marcos, it
generally refers to a form of executive
Presidential issuances is a broad term used legislation with the force of law. Today, this
to cover executive orders, presidential power is exercised through Executive
proclamations, determinations, memoranda, Orders.
administrative orders, and other issuances.
The interesting thing about presidential Administrative Orders (AO): Administrative
issuances is that they tend to appear in Orders are directives issued by the President
multiple sources. This attests to their to govern the organizational and procedural
importance and the speed with which they aspects of the executive branch. They may
public desire access. pertain to matters such as the assignment of
functions among executive departments.
Presidential issuances in the Philippines
refer to official documents and directives Memorandum Orders (MO): Memorandum
issued by the President of the Philippines as Orders are used by the President to
part of their executive powers. These communicate specific instructions to
government agencies or officials. They
typically address matters of administrative The six presidential issuances covered by the
or procedural nature. President's Ordinance Power under the
Administrative Code of 1987 are as follows:
Memorandum Circulars (MC): Similar to
Memorandum Orders, Memorandum Executive Orders (EO):
Circulars are directives issued by the
President for inter-agency coordination and These are orders issued by the President that
communication. They may convey policies, relate to specific aspects of governance and
guidelines, or instructions to various have the force of law.
government entities.
Administrative Orders (AO):
General Orders (GO): General Orders are
typically used for internal matters within the These are issuances from the President that
Armed Forces of the Philippines. They may provide for rules of a general or permanent
contain instructions or information for character in the implementation or
military personnel. execution of constitutional or statutory
powers.
It's important to note that these presidential
issuances derive their authority from the Proclamations:
President's executive powers as specified in
the Constitution. While they play a crucial These are formal declarations issued by the
role in the efficient functioning of the President to declare a state of calamity,
government, they are subject to checks and martial law, or suspend the privilege of the
balances, and their validity may be writ of habeas corpus.
challenged if they exceed constitutional
limits or contravene existing laws. Memorandum Orders (MO):

What are the six presidential issuances These are directives issued by the President
covered by the President’s Ordinance to provide guidelines in the implementation
Power under the Administrative Code of of policies, projects, or programs.
1987? Discuss each.
Memorandum Circulars (MC):
There are six issuances that the President
may issue, as defined in the Administrative These are issuances from the President that
Code of 1987: executive orders, provide instructions on matters of
administrative orders, proclamations, administrative policy.
memorandum orders, memorandum
circulars, and general or special orders.
General or Special Orders: to manage and govern the organizational
structure and operation of the executive
These are orders issued by the President to branch. They can create, reorganize, or
direct or govern the conduct of government abolish government agencies and define
officials and units, particularly those in the their functions.
military service.
Example: An Administrative Order may be
These issuances serve as instruments issued to establish new procedures for the
through which the President exercises procurement of government goods and
executive power to effectively manage and services.
govern the executive branch of the
government. They cover a range of matters, Proclamations:
including policy implementation,
organizational structure, and coordination Nature and Purpose: Proclamations are
among government agencies. Each type of formal declarations made by the President
issuance has its specific purpose and on matters of public interest or concern.
application, contributing to the overall They can announce public holidays,
efficiency and functionality of the executive commemorate historical events, or declare
branch. states of emergency.

NOTES Example: A Proclamation may be issued to

declare a nationwide celebration of an
Executive Orders (EO): important historical milestone.

Nature and Purpose: Executive Orders are Memorandum Orders (MO):

presidential directives that carry the force of
law. They are often used to implement Nature and Purpose: Memorandum Orders
existing laws, manage the operation of are directives issued by the President to
government agencies, or address specific provide specific instructions or guidelines to
policy issues. government agencies or officials. They
typically address administrative or
Example: An Executive Order may be procedural matters.
issued to reorganize the structure of an
executive department for more effective Example: A Memorandum Order may be
governance. issued to instruct government agencies on
the implementation of a new government
Administrative Orders (AO): policy.

Nature and Purpose: Administrative

Orders are directives issued by the President
Memorandum Circulars (MC): democratic institutions, are actually
trampling upon the very freedom guaranteed
Nature and Purpose: Memorandum and protected by the Constitution. Hence,
Circulars are directives issued by the such issuances are void for being
President for inter-agency coordination. unconstitutional.
They convey policies, guidelines, or
instructions to various government entities. On February 24, 2006, as the nation
celebrated the 20th Anniversary of the Edsa
Example: A Memorandum Circular may be People Power I, President Arroyo issued PP
issued to outline the procedures for the 1017 declaring a state of national emergency
efficient coordination of efforts among
government agencies during a national On February 24, 2006, as the nation
disaster. celebrated the 20th Anniversary of the Edsa
People Power I, President Arroyo issued PP
General or Special Orders: 1017 declaring a state of national
emergency, thus:
Nature and Purpose: General or Special
Orders are typically internal directives NOW, THEREFORE, I, Gloria
within the Armed Forces of the Philippines. Macapagal-Arroyo, President of the
They provide instructions or information for Republic of the Philippines and
military personnel. Commander-in-Chief of the Armed Forces
of the Philippines, by virtue of the powers
Example: A General Order may be issued vested upon me by Section 18, Article 7 of
to announce internal military reassignments the Philippine Constitution which states that:
or promotions. "The President whenever it becomes
necessary, may call out (the) armed forces to
Discuss David v. Arroyo, G.R. No. 171396, prevent or suppress rebellion," and in my
03 May 2006 capacity as their Commander-in-Chief, do
hereby command the Armed Forces of the
Facts: Philippines, to maintain law and order
throughout the Philippines, prevent or
These seven (7) consolidated petitions for suppress all forms of lawless violence as
certiorari and prohibition allege that in well as any act of insurrection or rebellion
issuing Presidential Proclamation No. 1017 and to enforce obedience to all the laws and
(PP 1017) and General Order No. 5 (G.O. to all decrees, orders and regulations
No. 5), President Gloria Macapagal-Arroyo promulgated by me personally or upon my
committed grave abuse of discretion. direction; and as provided in Section 17,
Petitioners contend... that respondent Article 12 of the Constitution do hereby
officials of the Government, in their declare a State of National Emergency.
professed efforts to defend and preserve
She cited the following facts as bases democratic Philippine State - and who are
now in a tactical alliance and engaged in a
She cited the following facts as bases: concerted and systematic conspiracy, over a
broad front, to bring down the
WHEREAS, over these past months, duly-constituted Government elected in May
elements in the political opposition have 2004
conspired with authoritarians of the extreme
Left represented by the NDF-CPP-NPA and NOW, THEREFORE, I GLORIA
the extreme Right, represented by military MACAPAGAL-ARROYO, by virtue of the
adventurists - the historical enemies of the powers vested in me under the Constitution
democratic Philippine State - who are now as President of the Republic of the
in a tactical alliance and engaged in a Philippines, and Commander-in-Chief of the
concerted and systematic conspiracy, over a Republic of the Philippines, and pursuant to
broad front, to bring down the duly Proclamation No. 1017 dated February
constituted Government elected in May
2004 over these past months, elements in the 24, 2006, do hereby call upon the Armed
political opposition have conspired with Forces of the Philippines (AFP) and the
authoritarians of the extreme Left Philippine National Police (PNP), to prevent
represented by the NDF-CPP-NPA and the and suppress acts of terrorism and lawless
extreme Right, represented by military violence in the country;
adventurists - the historical enemies of the
democratic Philippine State - who are now On March 3, 2006, exactly one week after
in a tactical alliance and engaged in a the declaration of a state of national
concerted and systematic conspiracy, over a emergency and after all these petitions had
broad front, to bring down the duly been filed, the President lifted PP 1017. She
constituted Government elected in May issued Proclamation No. 1021
2004
On March 3, 2006, exactly one week after
On the same day, the President issued G. O. the declaration of a state of national
No. 5 implementing PP 1017 emergency and after all these petitions had
been filed, the President lifted PP 1017. She
On the same day, the President issued G. O. issued Proclamation No. 1021 which reads:
No. 5 implementing PP 1017, thus
WHEREAS, the AFP and PNP have
WHEREAS, over these past months, effectively prevented, suppressed and
elements in the political opposition have quelled the acts lawless violence and
conspired with authoritarians of the extreme rebellion;
Left, represented by the NDF-CPP-NPA and
the extreme Right, represented by military NOW, THEREFORE, I, GLORIA
adventurists - the historical enemies of the MACAPAGAL-ARROYO, President of the
Republic of the Philippines, by virtue of the the raid of an army outpost in Benguet
powers vested in me by law, hereby declare resulting in the death of three
that the state of national emergency has
ceased to exist. (3) soldiers. And also the directive of the
Communist Party of the Philippines ordering
In their presentation of the factual bases of its front organizations to join 5,000 Metro
PP 1017 and G.O. No. 5, respondents stated Manila radicals and 25,000 more from the
that the proximate cause behind the provinces in mass protests.
executive issuances was the conspiracy
among some military officers, leftist By midnight of February 23, 2006, the
insurgents of the New People's Army (NPA), President convened her security advisers and
and some members of the political several cabinet members to assess the
opposition in a plot to unseat or assassinate gravity of the fermenting peace and order
President Arroyo. They considered the aim situation. She directed both the AFP and the
to oust or assassinate the President and PNP to account for all their men and ensure
take-over the reigns of government as a that the chain of command... remains solid
clear and present danger. and undivided.

The Solicitor General argued that the intent Immediately, the Office of the President
of the Constitution is to give full announced the cancellation of all programs
discretionary powers to the President in and activities related to the 20th anniversary
determining the necessity of calling out the celebration of Edsa People Power I; and
armed forces. He emphasized that none of revoked the permits to hold rallies issued
the petitioners has shown that PP 1017 was earlier by the local governments. Justice
without factual bases. While he explained Secretary
that it is not respondents' task to state the
facts behind the questioned Proclamation, Raul Gonzales stated that political rallies,
however, they are presenting the same, which to the President's mind were
narrated hereunder, for the elucidation of the organized for purposes of destabilization,
issues. are canceled. Presidential Chief of Staff
Michael Defensor announced that
For their part, petitioners cited the events "warrantless arrests and take-over of
that followed after the issuance of PP 1017 facilities, including media, can already be
and G.O. No. 5. implemented."

Respondents further claimed that the Undeterred by the announcements that

bombing of telecommunication towers and rallies and public assemblies would not be
cell sites in Bulacan and Bataan was also allowed, groups of protesters (members of
considered as additional factual basis for the Kilusang Mayo Uno [KMU] and National
issuance of PP 1017 and G.O. No. 5. So is Federation of Labor Unions-Kilusang Mayo
Uno [NAFLU-KMU]), marched from Also, on February 25, 2006, the police
various parts of Metro arrested Congressman Crispin Beltran,
representing the Anakpawis Party and
Manila with the intention of converging at Chairman of Kilusang Mayo Uno (KMU),
the EDSA shrine. Those who were already while leaving his farmhouse in Bulacan.
near the EDSA site were violently dispersed
by huge clusters of anti-riot police. The When members of petitioner KMU went to
well-trained policemen used truncheons, big Camp Crame to visit Beltran, they were told
fiberglass shields, water cannons, and tear they could not be admitted because of PP
gas to stop and break up the marching 1017 and G.O. No. 5. Two members were
groups, and scatter the massed participants. arrested and detained, while the rest were
The same police action was used against the dispersed by the police.
protesters marching forward to Cubao,
Quezon City and to the corner of Santolan On March 3, 2006, President Arroyo issued
Street and EDSA. That same evening, PP 1021 declaring that the state of national
hundreds of riot policemen broke up an emergency had ceased to exist.
EDSA celebration... rally held along Ayala
Avenue and Paseo de Roxas Street in Makati In the interim, these seven (7) petitions
City. challenged the constitutionality of PP 1017
and G.O. No. 5 were filed with this Court
According to petitioner Kilusang Mayo Uno, against the above-named respondents. Three
the police cited PP 1017 as the ground for (3) of these petitions impleaded President
the dispersal of their assemblies. Arroyo as respondent

Police arrested (without warrant) petitioner Issues:

Randolf S. David, a professor at the
University of the Philippines and newspaper Whether the issuance of PP 1021 renders the
columnist. Also arrested was his companion, petitions moot and academic.
Ronald Llamas, president of party-list
Whether PP 1017 and G.O. No. 5 is
Akbayan. unconstitutional.

At around 12:20 in the early morning of a. Facial Challenge

February 25, 2006, operatives of the b. Constitutional Basis
Criminal Investigation and Detection Group c. As Applied Challenge
(CIDG) of the PNP, on the basis of PP 1017
and G.O. No. 5, raided the Daily Tribune Ruling:
offices in Manila.
I- Moot and Academic Principle
The Court holds that President Arroyo's
issuance of PP 1021 did not render the Petitioners failed to show that President
present petitions moot and academic. During Arroyo's exercise of the calling-out power,
the eight (8) days that PP 1017 was by issuing PP 1017, is totally bereft of
operative, the police officers, according to factual basis. A reading of the Solicitor
petitioners, committed illegal acts in General's Consolidated Comment and
implementing it. Are PP 1017 and G.O. No. Memorandum shows a detailed narration of
5 constitutional or valid? Do they justify the events leading to the issuance of PP
these alleged illegal acts? These are the vital 1017, with supporting reports forming part
issues that must be resolved in the present of the records. Mentioned are the escape of
petitions. It must be stressed that "an the Magdalo Group, their audacious threat
unconstitutional act is not a law, it confers of the Magdalo D-Day, the defections in the
no rights, it imposes no duties, it affords no military, particularly in the Philippine
protection; it is in legal contemplation, Marines, and the reproving statements from
inoperative." the... communist leaders. There was also the
Minutes of the Intelligence Report and
The "moot and academic" principle is not a Security Group of the Philippine Army
magical formula that can automatically showing the growing alliance between the
dissuade the courts in resolving a case. NPA and the military. Petitioners presented
Courts will decide cases, otherwise moot nothing to refute such events. Thus, absent
and academic, if: first, there is a grave any contrary allegations, the Court is
violation of the Constitution; second, the convinced that the President was justified in
exceptional character of the situation and the issuing PP 1017 calling for military aid.
paramount public interest is involved; third,
when constitutional issue raised requires Indeed, judging the seriousness of the
formulation of controlling principles to incidents, President Arroyo was not
guide the bench, the bar, and the public; and expected to simply fold her arms and do
fourth, the case is capable of repetition yet nothing to prevent or suppress what she
evading review. believed was lawless violence, invasion or
rebellion. However, the exercise of such
All the foregoing exceptions are present here power or duty must not stifle liberty.
and justify this Court's assumption of
jurisdiction over the instant petitions. II. Constitutionality of PP 1017 and G.O.
No. 5
I. Review of Factual Bases
In the final analysis, the various approaches
Petitioners maintain that PP 1017 has no to emergency of the above political theorists
factual basis. Hence, it was not "necessary" - from Lock's "theory of prerogative," to
for President Arroyo to issue such a Watkins' doctrine of "constitutional
Proclamation. dictatorship" and, eventually, to McIlwain's
"principle of constitutionalism" ultimately
aim to solve one real problem in emergency First and foremost, the overbreadth doctrine
governance, i.e., that of allotting increasing is an analytical tool developed for testing
areas of discretionary power to the Chief "on their faces" statutes in free speech cases,
Executive, while insuring that such powers also known under the American Law as First
will be exercised with a sense of political Amendment cases.
responsibility and under effective limitations
and... checks. A plain reading of PP 1017 shows that it is
not primarily directed to speech or even
Fresh from the fetters of a repressive regime, speech-related conduct. It is actually a call
the 1986 Constitutional Commission, in upon the AFP to prevent or suppress all
drafting the 1987 Constitution, endeavored forms of lawless violence. In United States
to create a government in the concept of v. Salerno, the US Supreme Court held that
Justice Jackson's "balanced power "we have not recognized an "overbreadth'
structure." Executive, legislative, and doctrine outside the limited context of the
judicial powers are dispersed to the First Amendment" (freedom of speech).
President, the Congress, and the Supreme
Court, respectively. Each is supreme within Moreover, the overbreadth doctrine is not
its own sphere. But none has the monopoly intended for testing the validity of a law that
of power in times of emergency. Each "reflects legitimate state interest in
branch is given a role to serve as limitation maintaining comprehensive control over
or check upon the other. This system does harmful, constitutionally unprotected
not weaken the President, it just limits his conduct." Undoubtedly, lawless violence,
power, using the language of McIlwain. In insurrection and rebellion are considered
other words, in times of emergency, our "harmful" and "constitutionally unprotected
Constitution reasonably demands that we conduct."
repose a certain amount of faith in the basic
integrity and wisdom of the Chief Executive Thus, claims of facial overbreadth are
but, at the same time, it obliges him to entertained in cases involving statutes
operate within carefully prescribed which, by their terms, seek to regulate only
procedural limitations. "spoken words" and again, that "overbreadth
claims, if entertained at all, have been
a. "Facial Challenge" curtailed when invoked against ordinary
criminal laws that are sought to be applied to
Petitioners contend that PP 1017 is void on protected conduct."
its face because of its "overbreadth." They
claim that its enforcement encroached on Second, facial invalidation of laws is
both unprotected and protected rights under considered as "manifestly strong medicine,"
Section 4, Article III of the Constitution and to be used "sparingly and only as a last
sent a "chilling effect" to the citizens. resort," and is "generally disfavored;"
 at its meaning and differ as to its
The reason for this is obvious. application.

Embedded in the traditional rules governing For one, it is also an analytical tool for
constitutional adjudication is the principle testing "on their faces" statutes in free
that a person to whom a law may be applied speech cases. And like overbreadth, it is said
will not be heard to challenge a law on the that a litigant may challenge a statute on its
ground that it may conceivably be applied face only if it is vague in all its possible
unconstitutionally to others, i.e., in other applications. Again, petitioners did not even
situations not before the Court. attempt to show that PP 1017 is vague in all
its application. They also failed to establish
In other words, a facial challenge using the that men of common intelligence cannot
overbreadth doctrine will require the Court understand the meaning and application of
to examine PP 1017 and pinpoint its flaws PP 1017.
and defects, not on the basis of its actual
operation to petitioners, but on the b. Constitutional Basis of PP 1017
assumption or prediction that its very
existence may cause others not before the The operative portion of PP 1017 may be
Court to refrain from constitutionally divided into three important provisions,
protected speech or expression. thus:

And third, a facial challenge on the ground First provision:

of overbreadth is the most difficult challenge
to mount successfully, since the challenger "by virtue of the power vested upon me by
must establish that there can be no instance Section 18, Article VII do hereby command
when the assailed law may be valid. Here, the Armed Forces of the Philippines, to
petitioners did not even attempt to show maintain law and order throughout the
whether this situation exists. Philippines, prevent or suppress all forms of
lawless violence as well any act of
Petitioners likewise seek a facial review of insurrection or rebellion"
PP 1017 on the ground of vagueness. This,
too, is unwarranted. Second provision:

First Provision: Calling-out Power "and to enforce obedience to all the laws and
to all decrees, orders and regulations
Related to the "overbreadth" doctrine is the promulgated by me personally or upon my
"void for vagueness doctrine" which holds direction;"
that "a law is facially invalid if men of
common intelligence must necessarily guess Third provision:
"as provided in Section 17, Article XII of
the Constitution do hereby declare a State of Some of the petitioners vehemently maintain
National Emergency." as stated earlier, that PP 1017 is actually a declaration of
considering the circumstances then Martial Law. It is not so. What defines the
prevailing, President Arroyo found it character of PP 1017 are its wordings. It is
necessary to issue PP 1017. Owing to her plain therein that what the President invoked
Office's vast... intelligence network, she is in was her calling-out power.
the best position to determine the actual
condition of the country. Justice Mendoza also stated that PP 1017 is
not a declaration of Martial Law. It is no
Under the calling-out power, the President more than a call by the President to the
may summon the armed forces to aid him in armed forces to prevent or suppress lawless
suppressing lawless violence, invasion and violence. As such, it cannot be used to
rebellion. This involves ordinary police justify acts that only under a valid
action. But every act that goes beyond the declaration of Martial Law can be done. Its
President's calling-out power is considered use for any other purpose is a perversion of
illegal or ultra vires. For this reason, a its nature and scope, and any act done
President must be careful in the exercise of contrary to its command is ultra vires.
his powers. He cannot invoke a greater
power when he wishes to act under a lesser Justice Mendoza further stated that
power. There lies the wisdom of our specifically, (a) arrests and seizures without
Constitution, the greater the power, the judicial warrants; (b) ban on public
greater are the limitations. assemblies; (c) take-over of news media and
agencies and press censorship; and (d)
President Arroyo's declaration of a "state of issuance of Presidential Decrees, are powers
rebellion" was merely an act declaring a which can be exercised by the
status or condition of public moment or
interest, a declaration allowed under Section President as Commander-in-Chief only
4 cited above. where there is a valid declaration of Martial
Law or suspension of the writ of habeas
In declaring a state of national emergency, corpus.
President Arroyo did not only rely on
Section 18, Article VII of the Constitution, a Based on the above disquisition, it is clear
provision calling on the AFP to prevent or that PP 1017 is not a declaration of Martial
suppress lawless violence, invasion or Law. It is merely an exercise of President
rebellion. She also relied on Section 17, Arroyo's calling-out power for the armed
Article XII, a provision on the State's forces to assist her in preventing or
extraordinary power to take over suppressing lawless violence.
privately-owned public utility and business
affected with public interest. Second Provision: "Take Care" Power
 President Arroyo's ordinance power is
The second provision pertains to the power limited to the foregoing issuances. She
of the President to ensure that the laws be cannot issue decrees similar to those issued
faithfully executed. This is based on Section by Former President Marcos under PP 1081.
17, Article VII Presidential Decrees are laws which are of
the same category and binding force as
SEC. 17. The President shall have control of statutes because they were issued by the
all the executive departments, bureaus, and President in the exercise of his legislative
offices. He shall ensure that the laws be power during the period of Martial Law
faithfully executed. under the 1973 Constitution.

In the exercise of such function, the This Court rules that the assailed PP 1017 is
President, if needed, may employ the powers unconstitutional insofar as it grants
attached to his office as the President Arroyo the authority to
Commander-in-Chief of all the armed forces promulgate "decrees." Legislative power is
of the country, including the Philippine peculiarly within the province of the
National Police under the Department of Legislature.
Interior and Local Government.
Can President Arroyo enforce obedience to
Petitioners argue that PP 1017 is all decrees and laws through the military?
unconstitutional as it abrogated upon
President Arroyo the power to enact laws President Arroyo has no authority to enact
and decrees in violation of Section decrees. It follows that these decrees are
void and, therefore, cannot be enforced.
1, Article VI of the Constitution, which With respect to "laws," she cannot call the
vests the power to enact laws in Congress. military to enforce or implement certain
They assail the clause "to enforce obedience laws, such as customs laws, laws governing
to all the laws and to all decrees, orders and family and property relations, laws on
regulations promulgated by me personally or obligations and contracts and the like. She
upon my direction. can only order the military, under PP 1017,
to enforce laws pertinent to its duty to
A reading of PP 1017 operative clause suppress lawless violence.
shows that it was lifted from Former
President Marcos' Proclamation No. 1081 Third Provision: Power to Take Over

The President is granted an Ordinance The pertinent provision of PP 1017 states: x

Power under Chapter 2, Book III of x x and to enforce obedience to all the laws
Executive Order No. 292 (Administrative and to all decrees, orders, and regulations
Code of 1987). promulgated by me personally or upon my
direction; and as provided in Section 17,
Article XII of the Constitution do hereby raised. But to the second, manifold
declare a state of national emergency. constitutional issues arise.

The import of this provision is that President Section 23, Article VI of the Constitution
Arroyo, during the state of national reads:
emergency under PP 1017, can call the
military not only to enforce obedience "to all SEC. 23. (1) The Congress, by a vote of
the laws and to all decrees x x x" but also to two-thirds of both Houses in a joint session
act pursuant to the provision of Section 17, assembled, voting separately, shall have the
Article XII which reads: sole power to declare the existence of a state
of war.
Sec. 17. In times of national emergency,
when the public interest so requires, the (2) In times of war or other national
State may, during the emergency and under emergency, the Congress may, by law,
reasonable terms prescribed by it, authorize the President, for a limited period
temporarily take over or direct the operation and subject to such restrictions as it may
of any privately-owned public utility or prescribe, to exercise powers necessary and
business affected with public interest. proper to carry out a declared national
policy. Unless sooner withdrawn by
During the existence of the state of national resolution of the Congress, such powers
emergency, PP 1017 purports to grant the shall cease upon the next adjournment
President, without any authority or thereof.
delegation from Congress, to take over or
direct the operation of any privately-owned It may be pointed out that the second
public utility or business affected with paragraph of the above provision refers not
public interest. only to war but also to "other national
emergencies." If the intention of the Framers
Petitioners, particularly the members of the of our Constitution was to withhold from the
House of Representatives, claim that President the authority to declare a "state of
President Arroyo's inclusion of Section 17, national... emergency" pursuant to Section
Article XII in PP 1017 is an encroachment 18, Article VII (calling-out power) and grant
on the legislature's emergency powers. it to Congress (like the declaration of the
existence of a state of war), then the Framers
A distinction must be drawn between the could have provided so. Clearly, they did not
President's authority to declare "a state of intend that Congress should first authorize
national emergency" and to exercise the President before... he can declare a "state
emergency powers. To the first, as of national emergency." The logical
elucidated by the Court, Section 18, Article conclusion then is that President Arroyo
VII grants the President such power, hence, could validly declare the existence of a state
no legitimate constitutional objection can be
of national emergency even in the absence a) economic, b) natural disaster, and c)
of a Congressional enactment. national security.

But the exercise of emergency powers, such Following our interpretation of Section 17,
as the taking over of privately owned public Article XII, invoked by President Arroyo in
utility or business affected with public issuing PP 1017, this Court rules that such
interest, is a different matter. This requires a Proclamation does not authorize her during
delegation from Congress. the emergency to temporarily take over or
direct the operation of any privately owned
Section 17, Article XII must be understood public utility or business affected with
as an aspect of the emergency powers public interest without authority from
clause. The taking over of private business Congress.
affected with public interest is just another
facet of the emergency powers generally In short, the President has no absolute
composed upon Congress. Thus, when authority to exercise all the powers of the
Section 17 states that the State under Section 17, Article VII in the
absence of an emergency powers act passed
"the State may, during the emergency and by Congress.
under reasonable terms prescribed by it,
temporarily take over or direct the operation c. APPLIED CHALLENGE"
of any privately owned public utility or
business affected with public interest," it PP 1017 is merely an invocation of the
refers to Congress, not the President. President's calling-out power. Its general
purpose is to command the AFP to suppress
Petitioner Cacho-Olivares, et al. contends all forms of lawless violence, invasion or
that the term "emergency" under Section 17, rebellion. It had accomplished the end
Article XII refers to "tsunami," "typhoon," desired which prompted President Arroyo to
"hurricane" and "similar occurrences." issue PP 1021. But there is nothing in PP
1017 allowing the police, expressly or
Emergency, as a generic term, connotes the impliedly, to conduct illegal arrest, search or
existence of conditions suddenly violate the citizens' constitutional rights.
intensifying the degree of existing danger to
life or well-being beyond that which is Now, may this Court adjudge a law or
accepted as normal. Implicit in these ordinance unconstitutional on the ground
definitions are the elements of intensity, that its implementor committed illegal acts?
variety, and perception. Emergencies, as The answer is no. The criterion by which the
perceived by legislature or executive in the validity of the statute or ordinance is to be
United States since 1933, have been measured is the essential basis for the
occasioned by a wide range of situations, exercise of power, and not a mere incidental
classifiable under three (3) principal heads: result arising from its exertion. This is
logical. Just imagine the absurdity of pursuing the Order. Otherwise, such acts are
situations when laws may be declared considered illegal.
unconstitutional just because the officers
implementing them have acted arbitrarily. If The ringing truth here is that petitioner
this were so, judging from the blunders David, et al. were arrested while they were
committed by policemen in the cases passed exercising their right to peaceful assembly.
upon by the Court, majority of the They were not committing any crime, nor
provisions of the Revised Penal Code would was there a showing of a clear and present
have been declared unconstitutional a long danger that warranted the limitation of that...
time ago. right. As can be gleaned from
circumstances, the charges of inciting to
One requirement for these rules to be valid sedition and violation of BP 880 were mere
is that they must be reasonable, not arbitrary afterthought.
or capricious.
On the basis of the above principles, the
G.O. No. 5 mandates the AFP and the PNP Court likewise considers the dispersal and
to immediately carry out the "necessary and arrest of the members of KMU et al. (G.R.
appropriate actions and measures to No. 171483) unwarranted. Apparently, their
suppress and prevent acts of terrorism and dispersal was done merely on the basis of
lawless violence." Malacañang's directive canceling all permits
previously issued by local government units.
Unlike the term "lawless violence" which is This is arbitrary. The wholesale cancellation
unarguably extant in our statutes and the of all permits to rally is a blatant disregard
Constitution, and which is invariably of the principle that "freedom of assembly is
associated with "invasion, insurrection or not to be limited, much less denied, except
rebellion," the phrase "acts of terrorism" is on a showing of a clear and present danger
still an amorphous and vague concept. of a substantive evil that the State has a right
Congress has yet to enact a law defining and to prevent."
punishing acts of terrorism.
Moreover, under BP 880, the authority to
The absence of a law defining "acts of regulate assemblies and rallies is lodged
terrorism" may result in abuse and with the local government units. They have
oppression on the part of the police or the power to issue permits and to revoke
military. such permits after due notice and hearing on
the determination of the presence of clear
Significantly, there is nothing in G.O. No. 5 and present danger. Here, petitioners were
authorizing the military or police to commit not even notified and heard on the
acts beyond what is necessary and revocation of their permits.
appropriate to suppress and prevent lawless
violence, the limitation of their authority in
The Court has passed upon the actions and measures to suppress and
constitutionality of these issuances. Its prevent acts of lawless violence."
ratiocination has been exhaustively Considering that "acts of terrorism" have not
presented. At this point, suffice it to reiterate yet been defined and made punishable by
that PP 1017 is limited to the calling out by the Legislature, such a portion of G.O. No. 5
the President of the military to prevent or is declared UNCONSTITUTIONAL.
suppress lawless violence, invasion or
rebellion. When in implementing its The warrantless arrest of Randolf S. David
provisions, pursuant to G.O. No. 5, the and Ronald Llamas; the dispersal and
military and the police committed acts warrantless arrest of the KMU and
which violate the citizens' rights under the NAFLU-KMU members during their rallies,
Constitution, this Court has to declare such in the absence of proof that these petitioners
acts unconstitutional and illegal. were committing acts constituting lawless
violence, invasion or rebellion and violating
WHEREFORE, the Petitions are partly BP 880; the imposition of standards on
granted. The Court rules that PP 1017 is media or any form of prior restraint on the
CONSTITUTIONAL insofar as it press, as well as the warrantless search of
constitutes a call by President Gloria the Tribune offices and whimsical seizure of
Macapagal-Arroyo on the AFP to prevent or its articles for publication and other
suppress lawless violence. However, the materials, are declared
provisions of
UNCONSTITUTIONAL
PP 1017 commanding the AFP to enforce
laws not related to lawless violence, as well Relevance of presidential issuances
as decrees promulgated by the President, are covered by the President’s Ordinance
declared UNCONSTITUTIONAL. In Power under the Administrative Code of
addition, the provision in PP 1017 declaring 1987 in this case.
national emergency under Section 17,
Article VII of the
In the case of David, et al. vs. Arroyo, et al.,
The Constitution is CONSTITUTIONAL, the Supreme Court (SC) tackled the
but such declaration does not authorize the constitutionality of Presidential
President to take over privately-owned Proclamation No. 1017 (PP 1017), which
public utility or business affected with declared a state of national emergency. The
public interest without prior legislation. relevance of presidential issuances covered
by the President's Ordinance Power under
G.O. No. 5 is CONSTITUTIONAL since it the Administrative Code of 1987 comes into
provides a standard by which the AFP and play in assessing the constitutionality of PP
the PNP should implement PP 1017, i.e. 1017.
whatever is "necessary and appropriate
The SC acknowledged that PP 1017 is legal boundaries even in the exercise of
constitutional in its call for the Armed emergency powers.
Forces of the Philippines (AFP) to prevent
or suppress lawless violence, as authorized Discuss Ople v. Torres, G.R. No. 127685,
by Section 18, Article VII of the 23 July 1998
Constitution. This provision empowers the
President to call upon the military to prevent Facts:
or suppress rebellion, among other Petitioner Ople prays that we invalidate
situations. Administrative Order No. 308 entitled
"Adoption of a National Computerized
However, the Court found a specific aspect Identification Reference System" on two
of PP 1017 to be unconstitutional. Under critical constitutional grounds, viz: one, it is
Section 17, Article XII of the Constitution, a usurpation of the power of Congress to
the President, in the absence of legislative legislate, and two, it impermissibly intrudes
legislation, cannot take over on our citizenry's protected zone of privacy.
privately-owned public utility and private We grant the petition for the rights sought to
businesses affected with public interest. PP be vindicated by the petitioner and need
1017 was deemed unconstitutional in this stronger barriers against further erosion.
respect as it exceeded the bounds of the President Fidel V. Ramos issued A.O. No.
President's authority. 308 on December 12, 1996

The relevance of presidential issuances A.O. No. 308 was published in four
covered by the President's Ordinance Power newspapers of general circulation on
under the Administrative Code of 1987 lies January 22, 1997, and January 23, 1997. On
in determining the scope and limits of the January 24, 1997, the petitioner filed the
President's authority in issuing instant petition against respondents, then
proclamations. While the President has the Executive Secretary Ruben Torres, and the
power to issue ordinances, this power is heads of the government agencies, who, as
circumscribed by constitutional provisions, members of the Inter-Agency Coordinating
particularly those that safeguard private Committee, are charged with implementing
property rights and prevent undue A.O. No. 308. On April 8, 1997, we issued a
interference with privately-owned temporary restraining order enjoining its
businesses. implementation.

In summary, the SC, in evaluating the Petitioner contends:

constitutionality of PP 1017, considered
both the President's authority under the "A. The establishment of a national
Constitution and the limits imposed by computerized identification reference
specific constitutional provisions, system requires a legislative act. The
highlighting the importance of adhering to issuance of a.o. no. 308 by the president of
the republic of the philippines is, therefore, hence, beyond the power of the President to
an unconstitutional usurpation of the issue.
Legislative powers of the congress of the
republic of the philippines. He alleges that A.O. No. 308 establishes a
system of identification that is
B. The appropriation of public funds by all-encompassing in scope, affects the life
the president for the implementation of a.o. and liberty of every Filipino citizen and
no. 308 is an unconstitutional usurpation of foreign resident, and, more particularly,
the exclusive right of congress to violates their right to privacy.
appropriate public funds for expenditure.
Assuming, arguendo, that A.O. No. 308
C. The implementation of a.o. no. 308 need not be the subject of a law, it still
insidiously lays the groundwork for a system cannot pass constitutional muster as
which will violate the bill of rights administrative legislation because it violates
enshrined in the constitution." the right to privacy. The essence of privacy
is the "right to be let alone.
Respondents counter-argue: Indeed, if we extend our judicial gaze we
A. The instant petition is not a justiciable will find that the right of privacy is
case as would warrant a judicial review; recognized and enshrined in several
provisions of our Constitution. It is
B. A.o. no. 308 [1996] was issued within expressly recognized in Section 3(1) of the
the executive and administrative powers of Bill of Rights:
the president without encroaching on the
legislative powers of congress; "Sec. 3. (1) The privacy of communication
and correspondence shall be inviolable
C. The funds necessary for the except upon lawful order of the court, or
implementation of the identification when public safety or order requires
reference system may be sourced from the otherwise as prescribed by law."
budgets of the concerned agencies;
Other facets of the right to privacy are
D. A.o. no. 308 [1996] protects an protected in various provisions of the Bill of
individual's interest in privacy. Rights, viz:

Issues: "Sec. 1. No person shall be deprived of life,

Petitioner's sedulous concern for the liberty, or property without due process of
Executive not to trespass on the lawmaking law, nor shall any person be denied the equal
domain of Congress is understandable. protection of the laws.
Petitioner claims that A.O. No. 308 is not a
mere administrative order but a law and,
Sec. 2. The right of the people to be secure surrender their privacy by giving
in their persons, houses, papers, and effects information about themselves on the pretext
against unreasonable searches and seizures that it will facilitate delivery of basic
of whatever nature and for any purpose shall services. Given the record-keeping power of
be inviolable, and no search warrant or the computer, only the indifferent will fail to
warrant of arrest shall issue except upon perceive the danger that A.O. No. 308 gives
probable cause to be determined personally the government the power to compile a
by the judge after examination under oath or devastating dossier against unsuspecting
affirmation of the complainant and the citizens
witnesses he may produce, and particularly
describing the place to be searched and the IN VIEW WHEREOF, the petition is
persons or things to be seized. granted and Administrative Order No. 308
entitled "Adoption of a National
Sec. 6. The liberty of abode and of changing Computerized Identification Reference
the same within the limits prescribed by law System" declared null and void for being
shall not be impaired except upon lawful unconstitutional.
order of the court. Neither shall the right to
travel be impaired except in the interest of Principles:
national security, public safety, or public right to privacy, which the reverend Mr.
health, as may be provided by law. Justice Brandeis considered as "the most
comprehensive of rights and the right most
Sec. 8. The right of the people, including valued by civilized men
those employed in the public and private
sectors, to form unions, associations, or The line that delineates Legislative and
societies for purposes not contrary to law Executive power is not indistinct.
shall not be abridged. Legislative power is "the authority, under
the Constitution, to make laws, and to alter
Sec. 17. No person shall be compelled to be and repeal them."The Constitution, as the
a witness against himself." will of the people in their original, sovereign
and unlimited capacity, has vested this
Ruling: power in the Congress of the Philippines.
The grant of legislative power to Congress is
The right to privacy is one of the most broad, general and comprehensive. The
threatened rights of man living in a mass legislative body possesses plenary power for
society. The threats emanate from various all purposes of civil government. Any
sources: governments, journalists, power, deemed to be legislative by usage
employers, social scientists, etc. In the case and tradition, is necessarily possessed by
at bar, the threat comes from the Executive Congress, unless the Constitution has lodged
branch of government which by issuing it elsewhere. In fine, except as limited by the
A.O. No. 308 pressures the people to
Constitution, either expressly or impliedly, can issue administrative orders, rules and
legislative power embraces all subjects and regulations.
extends to matters of general concern or
common interest. Prescinding from these precepts, we hold
that A.O. No. 308 involves a subject that is
While Congress is vested with the power to not appropriate to be covered by an
enact laws, the President executes the laws. administrative order. An administrative
The executive power is vested in the order is:
President. It is generally defined as the
power to enforce and administer the laws. It "Sec. 3. Administrative Orders.-- Acts of the
is the power of carrying the laws into President which relate to particular aspects
practical operation and enforcing their due of governmental operation in pursuance of
observance. his duties as administrative head shall be
promulgated in administrative orders.
As head of the Executive Department, the It must be in harmony with the law and
President is the Chief Executive. He should be for the sole purpose of
represents the government as a whole and implementing the law and carrying out the
sees to it that all laws are enforced by the legislative policy.
officials and employees of his department.
He has control over the executive Relevance of presidential issuances
department, bureaus and offices. This means covered by the President’s Ordinance
that he has the authority to assume directly Power under the Administrative Code of
the functions of the executive department, 1987 in this case.
bureau and office, or interfere with the
discretion of its officials. Corollary to the In the case of Ople v. Torres, the relevance
power of control, the President also has the of presidential issuances covered by the
duty of supervising the enforcement of laws President's Ordinance Power under the
for the maintenance of general peace and Administrative Code of 1987 is central to
public order. Thus, he is granted the court's analysis of the constitutionality of
administrative power over bureaus and Administrative Order No. 308 (A.O. No.
offices under his control to enable him to 308). The petitioner argues that A.O. No.
discharge his duties effectively. 308, which establishes a National
Computerized Identification Reference
Administrative power is concerned with the System, goes beyond the scope of
work of applying policies and enforcing administrative power and constitutes an
orders as determined by proper unconstitutional intrusion into legislative
governmental organs. It enables the territory.
President to fix a uniform standard of
administrative efficiency and check the The court, in examining the Administrative
official conduct of his agents. To this end, he Code of 1987, emphasizes that
administrative orders issued by the President An Administrative Rule is any regulation,
must be in harmony with the law and should standard, statement, or document of general
be for the sole purpose of implementing the applicability (that is not a policy) that
law and carrying out legislative policy. It describes the procedure or practice
underscores the distinction between requirements of an agency; or implements,
legislative and executive powers, prescribes, or interprets an enactment of the
highlighting that legislative power, under the general assembly or congress or a regulation
Constitution, is vested in Congress, while adopted by a federal agency. Administrative
the President executes and administers the Rules include the establishment of a fee, the
laws. amendment or repeal of a prior rule, and
statements that relate to the discipline or
The court concludes that A.O. No. 308 housing of students. Administrative Rules
involves a subject that is not appropriate to do not include general policy statements that
be covered by an administrative order. It are substantially repetitious of existing law
states that an administrative order should or ETSU statements.
relate to particular aspects of governmental
operation and must be in harmony with the Administrative rules and regulations in the
law. However, the subject matter of A.O. Philippines refer to directives, orders, or
No. 308, particularly the establishment of a regulations issued by administrative or
National Computerized Identification executive agencies to implement, interpret,
Reference System with implications on or enforce the laws enacted by the
privacy rights, is deemed inappropriate for legislative branch. These rules and
an administrative order. regulations are essential for the effective
execution and administration of laws and
Therefore, the relevance of the presidential policies. Here are key aspects of
issuances covered by the President's administrative rules and regulations in the
Ordinance Power under the Administrative Philippines:
Code of 1987 lies in providing a framework
for evaluating the nature and limits of the Authority to Issue:
President's administrative powers. The Administrative agencies are granted the
court's decision declares A.O. No. 308 null authority to issue rules and regulations as
and void for being unconstitutional, part of their rule-making power. This
emphasizing the importance of upholding authority is derived from laws enacted by
the separation of powers and ensuring that the legislature that delegate rule-making
executive actions adhere to the principles authority to specific agencies.
and limitations set forth in the law.

What are administrative rules and Purpose:

regulations? The primary purpose of administrative rules
and regulations is to provide detailed
guidance on how the provisions of a law are Enforcement:
to be implemented. They aim to fill in the Administrative agencies have the authority
gaps left by legislative enactments, to enforce their rules and regulations, and
specifying procedures, requirements, and violations may lead to sanctions, penalties,
standards. or other enforcement actions. This
enforcement ensures compliance with the
Types: law and the effective functioning of
Administrative rules and regulations can regulatory frameworks.
take various forms, including circulars,
orders, memoranda, guidelines, and Adjudication:
resolutions. These forms may vary Administrative agencies may also have
depending on the nature of the agency and quasi-judicial powers to adjudicate cases
the subject matter being regulated. related to the violation of their rules and
regulations. This involves the resolution of
Public Notice and Comment: disputes and the imposition of appropriate
Some rule-making processes involve public legal remedies.
notice and comment periods, allowing
stakeholders, affected parties, or the general Publication:
public to provide input or raise concerns Once finalized, administrative rules and
before the rules are finalized. This ensures a regulations are typically published in the
more inclusive and transparent regulatory official gazette or other official publications
process. to inform the public of the legal
requirements and procedures.
Review and Approval:
In some cases, rules and regulations may In summary, administrative rules and
undergo review and approval by higher regulations play a crucial role in translating
authorities, such as the Office of the legislative mandates into practical and
President or the legislature, depending on enforceable guidelines. They contribute to
the nature and impact of the regulations. the efficient implementation of laws and
policies while adhering to legal principles
Hierarchy of Legal Norms: and the broader framework of the
Administrative rules and regulations form Constitution.
part of the legal hierarchy in the
Philippines, with the Constitution at the
apex, followed by statutes, and then
administrative regulations. They must be
consistent with higher legal norms and are
subject to judicial review.
Department of Agrarian Reform v. On December 27, 1993, DAR issued A.O.
Sutton, G.R. No. 162070, 19 October 2005 No. 9, series of 1993, which provided that
only portions of private agricultural lands
This is a petition for review filed by the used for raising livestock, poultry, and swine
Department of Agrarian Reform (DAR) of as of June 15, 1988, shall be excluded from
the Decision and Resolution of the Court of the coverage of the CARL.
Appeals, dated September 19, 2003, and In determining the area of land to be
February 4, 2004, respectively, which excluded, the A.O. fixed the following
declared DAR Administrative Order (A.O.) retention limits, viz: 1:1 animal-land ratio
No. 9, series of 1993, null and void for being (i.e., 1 hectare of land per 1 head of animal
violative of the Constitution. shall be retained by the landowner), and a
The case at bar involves a land in Aroroy, ratio of 1.7815 hectares for livestock
Masbate, inherited by respondents, which infrastructure for every 21 heads of cattle
has been devoted exclusively to cow and shall likewise be excluded from the
calf breeding. On October 26, 1987, under operations of the CARL.
the then-existing agrarian reform program of On September 14, 1995, then DAR
the government, respondents made a Secretary Ernesto D. Garilao issued an
voluntary offer to sell Order partially granting the application of
(VOS)[1] their landholdings to petitioner respondents for exemption from the
DAR to avail of specific incentives under coverage of CARL. Applying the retention
the law. limits outlined in the DAR A.O. No. 9,
On June 10, 1988, a new agrarian law, petitioner exempted
Republic Act (R.A.) No. 6657, also known One thousand two hundred nine hectares of
as the Comprehensive Agrarian Reform Law respondents' land is for grazing purposes,
(CARL) of 1988, took effect. It covered and a maximum of 102.5635 hectares is for
farms used for raising livestock, poultry, and infrastructure. The petitioner ordered the
swine. remaining respondents' landholding to be
On December 21, 1992, the Municipal segregated and placed under Compulsory
Agrarian Reform Officer of Aroroy, Acquisition.
Masbate, inspected the respondents' land The main issue in the case at bar is the
and found it was devoted solely to cattle constitutionality of DAR A.O. No. 9, series
raising and breeding. He recommended to of 1993, which prescribes a maximum
the DAR Secretary that it be exempted from retention limit for owners of lands devoted
the coverage of the CARL. to livestock raising.
On April 27, 1993, respondents reiterated to Issues:
petitioner DAR the withdrawal of their VOS The main issue in the case at bar is the
and requested the return of the supporting constitutionality of DAR A.O. No. 9, series
papers they submitted in connection of 1993, which prescribes a maximum
therewith. The petitioner ignored their retention limit for owners of lands devoted
request. to livestock raising.
Ruling: exhausts and generators, extensive
warehousing facilities for feeds and other
The fundamental rule in administrative law supplies, anti-pollution equipment like
is that to be valid, administrative rules and bio-gas and digester plants augmented by
regulations must be issued by the authority lagoons and concrete ponds, deep wells,
of law and must not contravene the elevated water tanks, pumphouses, sprayers,
provisions of the Constitution. The and other technological appurtenances.
rule-making power of an administrative
agency may not be used to abridge the
authority given to it by Congress or the Relevance of administrative rules and
Constitution. Nor can it be used to enlarge regulations in this case.
the power of the administrative agency
beyond the scope intended. Constitutional In this case, the relevance of administrative
and statutory provisions control what rules rules and regulations, particularly DAR
and regulations may be promulgated by Administrative Order (A.O.) No. 9, series of
administrative agencies and the scope of 1993, is crucial to understanding the legal
their regulations. dispute. Let's break down the relevance in
In the case at bar, we find that the impugned simpler terms:
A.O. is invalid as it contravenes the
Constitution. The A.O. sought to regulate Background of the Case:
livestock farms by including them in
agrarian reform coverage and prescribing a The Department of Agrarian Reform (DAR)
maximum retention limit for their initiated a program under the
ownership. However, the 1987 Comprehensive Agrarian Reform Law
Constitutional Commission deliberations (CARL) to redistribute agricultural lands,
show a clear intent to exclude, among other including those used for livestock.
things, all lands exclusively devoted to Respondents, who owned land exclusively
livestock, swine, and poultry raising. The used for cattle-raising in Aroroy, Masbate,
Court clarified in the Luz Farms case that sought to withdraw their voluntary offer to
livestock, swine, and poultry-raising are sell (VOS) their land to DAR.
industrial activities and do not fall within the
definition of "agriculture" or "agricultural The Legal Issue:
activity." Raising livestock, swine, and The main problem arose when DAR issued
poultry differs from crop or tree farming. It A.O. No. 9 in 1993, which aimed to regulate
is an industrial, not an agricultural, activity. the exclusion of certain portions of private
A great portion of the investment in this agricultural lands used for livestock raising
enterprise is in the form of industrial fixed from the CARL coverage.
assets, such as animal housing structures and Respondents challenged the constitutionality
facilities, drainage, waterers and blowers, of this administrative order, arguing that
feed mill with grinders, mixers, conveyors, their land, devoted solely to cattle-raising,
should be entirely exempt from agrarian It highlighted that the raising of livestock is
reform. an industrial activity, not agriculture, and
therefore, DAR had no authority to regulate
Role of Administrative Rules and such lands under the agrarian reform
Regulations: program.

A.O. No. 9 set specific criteria, including Impact on the Case Outcome:
retention limits based on animal-land ratios,
for excluding portions of lands used for The court's decision invalidated A.O. No. 9,
livestock raising from the agrarian reform thereby affirming the exemption of the
program. respondents' entire landholding from the
CARL.
DAR argued that the administrative order
was issued to implement the CARL and The case emphasized that administrative
prevent the conversion of agricultural lands rules must adhere to constitutional
into livestock farms to evade agrarian provisions and cannot contradict the
reform. fundamental law.

Judicial Review and Constitutional In simpler terms, the administrative rules

Concerns: and regulations, specifically A.O. No. 9,
were at the center of the legal dispute. The
The case involved a review by the Court of court ruled that these rules overstepped
Appeals, which declared A.O. No. 9 constitutional boundaries by including lands
unconstitutional. The court considered the exclusively used for livestock raising in the
intent of the 1987 Constitutional scope of agrarian reform. This decision had
Commission to exclude lands exclusively a significant impact on the exemption of the
devoted to livestock raising from agrarian respondents' land from the CARL.
reform.
Distinguish between administrative
The court emphasized that administrative rule-making and administrative
rules must align with the Constitution and interpretation of law
cannot enlarge the coverage of agrarian
reform beyond what is intended by There is a distinction between an
constitutional provisions. administrative rule or regulation and an
Invalidation of the Administrative Order: administrative interpretation of a law whose
enforcement is entrusted to an
The court found that A.O. No. 9 went administrative body.
against the constitutional exclusion of lands
devoted to livestock raising from agrarian When an administrative agency promulgates
reform. rules and regulations, it “makes” a new law
with the force and effect of a valid law, legislature, provide specific procedures and
while when it renders an opinion or gives a requirements. For example, if Congress
statement of policy, it merely interprets a passes a law on workplace safety, an agency
pre-existing law Rules and regulations when like OSHA might create rules outlining
promulgated in pursuance of the procedure safety standards and procedures for different
or authority conferred upon the industries.
administrative agency by law, partake of the
nature of a statute, and compliance therewith On the other hand, administrative
may be enforced by a penal sanction interpretation occurs when agencies explain
provided in the law. or apply existing laws, ensuring a consistent
understanding of how the law should be
This is so because statutes are usually enforced. Think of it as agencies providing
couched in general terms, after expressing guidance on how to play by the existing
the policy, purposes, objectives, remedies rules. For instance, if there's a tax law, the
and sanctions intended by the legislature. IRS might issue interpretations to help
The details and the manner of carrying out taxpayers understand how specific
the law are oftentimes left to the provisions apply to their situations. In
administrative agency entrusted with its essence, rule-making builds the rules, while
enforcement. In this sense, it has been said interpretation guides how those rules are
that rules and regulations are the product of understood and followed.
a delegated power to create new or
additional legal provisions that have the NOTES
effect of law.
Administrative Rule-Making:
A rule is binding on the courts so long as the
procedure fixed for its promulgation is Definition: Administrative rule-making
followed and its scope is within the statutory refers to the process by which government
authority granted by the legislature, even if agencies create regulations or rules to
the courts are not in agreement with the implement and provide details on how a law
policy stated therein or its innate wisdom On will be enforced.
the other hand, administrative interpretation
of the law is at best merely advisory, for it is Purpose: It aims to fill in the gaps left by
the courts that finally determine what the legislation, specifying the practical details
law means. and procedures necessary for the effective
implementation of laws.
Administrative rule-making involves
government agencies crafting detailed Authority: Government agencies are granted
regulations to fill in the practical details of a the power by the legislature (Congress) to
law, essentially creating a playbook for create rules within the framework of the law.
enforcement. These rules, authorized by the
Example: Imagine Congress passing a law Interpretation: Involves explaining or
requiring workplace safety. The applying existing laws without creating new
Occupational Safety and Health rules.
Administration (OSHA) might create
specific rules detailing safety standards, Purpose:
procedures, and inspections for different
industries. Rule-Making: Aims to provide specific
procedures and requirements for
Administrative Interpretation of Law: implementing a law.

Definition: Administrative interpretation Interpretation: Aims to clarify and ensure

involves how government agencies consistent understanding and application of
understand, explain, or apply existing laws existing laws.
to particular situations.
Authority:
Purpose: It helps clarify ambiguous or
unclear aspects of laws, ensuring consistent Rule-Making: Derives authority from the
application and understanding by those legislature, allowing agencies to create rules
affected. within the scope of the law.

Authority: Agencies interpret laws based on Interpretation: Derives authority from the
their expertise and the specific context of agency's expertise and responsibility for
their enforcement responsibilities, but their enforcing the law.
interpretations should align with the law's
intent. Output:

Example: Consider a tax law passed by Rule-Making: Results in the creation of new
Congress. The Internal Revenue Service regulations that have the force of law.
(IRS) might issue guidelines on how to
interpret certain provisions of the law, Interpretation: Results in explanations,
ensuring taxpayers understand how it guidelines, or decisions clarifying how a law
applies to their situations. should be understood or applied.

Key Differences: In simpler terms, administrative rule-making

is like creating a playbook with specific
Nature: rules to follow, while administrative
interpretation is like explaining and ensuring
Rule-Making: Involves creating new everyone understands how to play by the
regulations to flesh out the details of a law. existing rules.
What are the law-making bodies of local Cities: Cities have the Sangguniang
government units? Panlungsod. This group, headed by the City
Vice Mayor, creates local laws and includes
The municipal councils is the lawmaking elected members.
body of the town and is composed of the
mayor -- who is the chairman of the council Municipalities: Towns or municipalities
-- vice mayor, and the councilors. The have the Sangguniang Bayan. The Vice
number of councilors for each municipality Mayor leads this group, and members are
depends upon the class to which the elected to represent different areas.
municipality belongs. Each councilor is
in-charge of a village or barangay. Barangays: The smallest units are
barangays, and they have the Sangguniang
Some of the more important mandatory Barangay. Led by the Barangay Captain, it
powers of the municipal council are the includes elected barangay councilors.
following:
These groups focus on making local rules
1. To fix the salaries of all municipal offices and decisions that suit the specific needs of
and employees, except the treasurer, their communities while following national
teachers in the public schools, and staff of laws.
national government agencies assigned to
the municipality; What are the requirements for a valid
2. To provide for expenses necessary to ordinance?
carry out the functions of the municipality;
3. To provide for buildings adequate for For a local ordinance to be considered valid
municipal uses, including school houses; in the Philippines, it generally needs to
4. To provide for the levy and collection of comply with certain legal requirements.
taxes, fees, and charges as sources of While specific requirements may vary, here
municipal revenue; and are common elements that contribute to the
5. To establish and maintain an efficient validity of an ordinance:
police department and an adequate
municipal jail. Enactment by the Local Sanggunian: The
ordinance must be passed by the legislative
In the Philippines, different areas have their body of the local government unit
own local law-making groups: (Sanggunian). This involves the proposal,
deliberation, and approval by a majority of
Provinces: Each province has a group called the members.
the Sangguniang Panlalawigan. It's made up
of elected members and led by the Vice Public Notice and Hearing: Prior to
Governor. enactment, there should be public notice of
the proposed ordinance. It often involves
conducting public hearings or consultations addressing local concerns, and ensuring
to gather input and feedback from the their validity helps maintain legal order and
community. protect the rights of individuals in the
community.
Conformity with Constitution and Laws:
The ordinance must not violate the Discuss Lagcao v. Labra, G.R. No.
Constitution, national laws, or any existing 155746, 13 October 2004.
ordinances. It should be consistent with
higher legal authorities. Facts:

Local Autonomy: The ordinance must be The Province of Cebu donated 210 lots to
within the powers granted to the local the City of Cebu.
government unit by law. Local governments
have autonomy, but there are limits defined One of these lots was Lot 1029, situated in
by national laws. Capitol Hills, Cebu City, with an area of
4,048 square meters petitioners purchased
Clarity and Specificity: The ordinance Lot 1029 on installment basis.
should be clear and specific in its
provisions. Vague or overly broad language But then, in late 1965, the 210 lots,
may lead to interpretation issues. including Lot 1029, reverted to the Province
of Cebu.
Publication: Once enacted, the ordinance
should be published in a local newspaper or Consequently, the province tried to annul the
other official publication to inform the sale of Lot 1029 by the City of Cebu to the
public. petitioners. This prompted the latter to sue
the province for specific performance and
Review and Approval: Some ordinances damages in the then
may require review and approval by higher
authorities, such as the Sangguniang Court of First Instance.
Panlalawigan or Sangguniang Panlungsod.
The court ruled in favor of petitioners and
Procedural Requirements: Compliance with ordered the Province of Cebu to execute the
procedural rules, such as the required final deed of sale in favor of petitioners.
number of readings, voting procedures, and
other internal rules of the Sanggunian. The Court of Appeals affirmed the decision
of the trial court.
It's important to note that these requirements
may vary depending on the specific laws or After acquiring the title, petitioners tried to
guidelines of the local government unit. take possession of the lot only to discover
Local ordinances play a crucial role in that it was already occupied by squatters.
 benefit of the homeless after its subdivision
petitioners instituted ejectment proceedings and sale to the actual occupants thereof.
against the squatters.
petitioners filed with the RTC an action for
The Municipal Trial Court in Cities declaration of nullity of Ordinance No. 1843
(MTCC), Branch 1, Cebu City, rendered a for being unconstitutional.
decision on April 1, 1998, ordering the
squatters to vacate the lot. On appeal, the The trial court dismissed the complaint
RTC affirmed the MTCC's decision and Petitioners argue that Ordinance No. 1843 is
issued a writ of execution and order of unconstitutional as it sanctions the
demolition. expropriation of their property for the
purpose of selling it to the squatters, an
When the demolition order was about to be endeavor contrary to the concept of "public
implemented, Cebu City Mayor Alvin use" contemplated in the Constitution.
Garcia wrote two letters to the MTCC,
requesting the deferment of the demolition Issues:
on the ground that the City was still looking
for a relocation site for the squatters. validity of the City of Cebu's Ordinance No.
1843, whether or not the intended
Acting on the mayor's request, the MTCC expropriation by the City of Cebu of a
issued two orders suspending the demolition 4,048-square-meter parcel of land owned by
for a period of 120 days petitioners contravenes the Constitution and
applicable laws.
Unfortunately for petitioners, during the
suspension period, the Sangguniang Ruling:
Panlungsod (SP) of Cebu City passed a
resolution which identified Lot 1029 as a Under Section 48 of RA 7160, otherwise
socialized housing site pursuant to RA 7279. known as the Local Government Code of
1991, local legislative power shall be
Then, the SP of Cebu City passed Ordinance exercised by the Sangguniang Panlungsod of
No. 1772 which included Lot 1029 among the city. The legislative acts of the
the identified sites for socialized housing. Sangguniang Panlungsod in the exercise of
its lawmaking authority are denominated
Ordinance No. 1843 was enacted by the SP ordinances.
of Cebu City authorizing the mayor of Cebu
City to initiate expropriation proceedings for Local government units have no inherent
the acquisition of Lot 1029 which was power of eminent domain and can exercise it
registered in the name of petitioners. The only when expressly authorized by the
intended acquisition was to be used for the legislature.
Ordinance No. 1843 which authorized the This is depriving a citizen of his property for
expropriation of petitioners' lot was enacted the convenience of a few without perceptible
by the SP of Cebu City to provide socialized benefit to the public.
housing for the homeless and low-income
residents of the City. We have found nothing in the records
indicating that the City of Cebu complied
local government units do not possess strictly with Sections 9 and 10 of RA 7279.
unbridled authority to exercise their power Ordinance No. 1843 sought to expropriate
of eminent domain in seeking solutions to petitioners' property without any attempt to
this problem. first acquire the lands listed in (a) to (e) of
Section 9 of RA 7279.
There are two legal provisions which limit
the exercise of this power: (1) no person Likewise, Cebu City failed to establish that
shall be deprived of life, liberty, or property the other modes of acquisition in Section 10
without due process of law, nor shall any of RA 7279 were first exhausted. Moreover,
person be denied the equal protection of the prior to the passage of Ordinance No. 1843,
laws; and (2) private property shall not be there was no evidence of a valid and definite
taken for public use without just offer to buy petitioners' property as required
compensation. by

The exercise of the power of eminent Section 19 of RA 7160. We therefore find

domain drastically affects a landowner's Ordinance No. 1843 to be constitutionally
right to private property, which is as much a infirm for being violative of the petitioners'
constitutionally-protected right necessary for right to due process.
the preservation and enhancement of
personal dignity and intimately connected WHEREFORE, the petition is hereby
with the rights to life and liberty. GRANTED.

Government may not capriciously or Principles:

arbitrarily choose which private property
should be expropriated. In this case, there By virtue of RA 7160, Congress conferred
was no showing at all why petitioners' upon local government units the power to
property was singled out for expropriation expropriate. Ordinance No. 1843 was
by the city ordinance or what necessity enacted pursuant to Section 19 of RA 7160:
impelled the particular choice or selection.
Ordinance No. 1843 stated no reason for the SEC. 19. Eminent Domain. A local
choice of petitioners' property as the site of a government unit may, through its chief
socialized housing project. executive and acting pursuant to an
ordinance, exercise the power of eminent
domain for public use, or purpose, or
welfare for the benefit of the poor and the
landless, upon payment of just (e) Bagong Lipunan Improvement of Sites
compensation, pursuant to the provisions of and Services or BLISS which have not yet
the Constitution and pertinent laws xxx. been acquired; and

In De Knecht vs. Bautista, we said: (f) Privately-owned lands.

It is obvious then that a land-owner is Where on-site development is found more

covered by the mantle of protection due practicable and advantageous to the
process affords. It is a mandate of reason. It beneficiaries, the priorities mentioned in this
frowns on arbitrariness, it is the antithesis of section shall not apply. The local
any governmental act that smacks of whim government units shall give budgetary
or caprice. It negates state power to act in an priority to on-site development of
oppressive manner. government lands. (Emphasis supplied).

RA 7279 is the law that governs the local SEC. 10. Modes of Land Acquisition. The
expropriation of property for purposes of modes of acquiring lands for purposes of
urban land reform and housing. Sections 9 this Act shall include, among others,
and 10 thereof provide: community mortgage, land swapping, land
assembly or consolidation, land banking,
SEC 9. Priorities in the Acquisition of Land. donation to the Government, joint venture
Lands for socialized housing shall be agreement, negotiated purchase, and
acquired in the following order: expropriation: Provided, however, That
expropriation shall be resorted to only when
(a) Those owned by the Government or any other modes of acquisition have been
of its subdivisions, instrumentalities, or exhausted: Provided further, That where
agencies, including government-owned or expropriation is resorted to, parcels of land
controlled corporations and their owned by small property owners shall be
subsidiaries; exempted for purposes of this Act

(b) Alienable lands of the public domain; limitations on the exercise of the power of
eminent domain by local government units,
(c) Unregistered or abandoned and idle especially with respect to (1) the order of
lands; priority in acquiring land for socialized
housing and (2) the resort to expropriation
(d) Those within the declared Areas or proceedings as a means to acquiring it.
Priority Development, Zonal Improvement
Program sites, and Slum Improvement and Compliance with these conditions is
Resettlement Program sites which have not mandatory because these are the only
yet been acquired; safeguards of oftentimes helpless owners of
private property against what may be a a valid and definite offer to buy the
tyrannical violation of due process when petitioners' property, as required by law.
their property is forcibly taken from them
allegedly for public use. In essence, the relevance of this case lies in
its affirmation of the stringent requirements
Relevance of the requirements for a valid for a valid ordinance, emphasizing the need
ordinance in this case. for procedural regularity, fairness, and
adherence to statutory limitations. The
In the case of Diosdado Lagcao, Doroteo decision serves as a reminder that the power
Lagcao, and Ursula Lagcao vs. Judge of eminent domain must be exercised
Generosa G. Labra and the City of Cebu, the responsibly, with a genuine public purpose,
court dealt with the constitutionality of and in accordance with established legal
Ordinance No. 1843 enacted by the City of procedures to protect the constitutional
Cebu. The ordinance authorized the rights of property owners.
expropriation of a 4,048-square-meter parcel
of land owned by the petitioners for the
purpose of providing socialized housing to
squatters. The court emphasized the
importance of adhering to the requirements
for a valid ordinance, including compliance
with constitutional provisions and pertinent
laws.

The decision highlighted that while local

government units have the power of eminent
domain, it is not absolute and must be
exercised within the confines of due process,
equal protection, and just compensation as
guaranteed by the Constitution. The court
found Ordinance No. 1843 to be
constitutionally infirm because it failed to
strictly comply with the limitations imposed
by RA 7279, the law governing local
expropriation for urban land reform and
housing. The ordinance did not prioritize
acquiring lands in the prescribed order and
did not exhaust other modes of acquisition
before resorting to expropriation. Moreover,
the court noted that there was no evidence of