Facts: The Main Target of This Petition Is Section 35 of
Facts: The Main Target of This Petition Is Section 35 of
Facts: The Main Target of This Petition Is Section 35 of
Facts: The main target of this petition is Section 35 of R.A. No. 7354 as implemented by the Philippine Postal Corporation through itsCircular No. 92-28. These measures withdraw the franking privilege from the SC, CA, RTC, MTC, MeTC and the Land RegistrationCommission and its Registers of Deeds, along with certain other government offices. The petitioners are members of the lower courts who feel that their official functions as judges will be prejudiced by the above-named measures. The petition assails the constitutionality of R.A. No. 7354. Issues:
(1) Whether or not its title embraces more than one subject and does not express its purpose (2) Whether or not it did not pass the required readings in both Houses of Congress and printed copies of the bill in its final form were not distributed among the members before its passage; (3) Whether or not it is discriminatory and encroaches on the independence of the Judiciary Held: (1) Article VI, Sec. 26(l), of the Constitution providing that "Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof." The purposes of this rule are: (1) to prevent hodge-podge or "log-rolling" legislation; (2) to prevent surprise or fraud upon the legislature by means of provisions in bills of which the title gives no intimation, and which might therefore be overlooked and carelessly and unintentionally adopted; and (3) to fairly apprise the people, through such publication of legislative proceedings as is usually made, of the subject of legislation that is being considered, in order that they may have opportunity of being heard thereon, by petition or otherwise, if they shall so desire. It is the submission of the petitioners that Section 35 of R.A. No. 7354 which withdrew the franking privilege from the Judiciary is not expressed in the title of the law, nor does it reflect its purposes. R.A. No. 7354 is entitled "An Act Creating the Philippine Postal Corporation, Defining its
Powers, Functions and Responsibilities, Providing for Regulation of the Industry and for Other Purposes Connected Therewith." The petitioners' contention is untenable. The title of the bill is not required to be an index to the body of the act, or to be as comprehensive as to cover every single detail of the measure. It has been held that if the title fairly indicates the generalsubject, and reasonably covers all the provisions of the act, and is not calculated to mislead the legislature or the people, there is sufficient compliance with the constitutional requirement. Furthermore, the repeal of a statute on a given subject is properly connected with the subject matter of a new statute on the samesubject; and therefore a repealing section in the new statute is valid, notwithstanding that the title is silent on the subject. The reason is that where a statute repeals a former law, such repeal is the effect and not the subject of the statute; and it is the subject, not the effect of a law, which is required to be briefly expressed in its title. The withdrawal of the franking privilege from some agencies is germane to the accomplishment of the principal objective of R.A. No. 7354, which is the creation of a more efficient and effective postal service system. (2) It is a matter of record that the conference Committee Report on the bill in question was returned to and duly approved by both the Senate and the House of Representatives. Thereafter, the bill was enrolled with its certification by Senate President Neptali A. Gonzales and Speaker Ramon V. Mitra of the House of Representatives as having been duly passed by both Houses of Congress. It was then presented to and approved by President
Corazon C. Aquino on April 3, 1992. Under the doctrine of separation powers, the Court may not inquire beyond the certification of the approval of a bill from the presiding officers of Congress. The enrolled bill is conclusive upon the Judiciary (except in matters that have to be entered in the journals like the yeas and nays on the final reading of the bill). (3) It is alleged that R.A. No. 7354 is discriminatory because while withdrawing the franking privilege from the Judiciary, it retains the same for the President of the Philippines, the Vice President of the Philippines; Senators and Members of the House of Representatives, the Commission on Elections; former Presidents of the Philippines; the National Census and Statistics Office; and the general public in the filing of complaints against public offices and officers. The withdrawal of the franking privileges was indeed discriminatory. If the problem of the respondents is the loss of revenues from the franking privilege, the remedy is to withdraw it altogether from all agencies of government, including those who do not need it. The problem is not solved by retaining it for some and withdrawing it from others, especially where there is no substantial distinction between those favored, which may or may not need it at all, and the Judiciary, which definitely needs it. The problem is not solved by violating the Constitution. The classification was not based on substantial distinctions.
PHILIPPINE JUDGES ASSOCIATION vs. PRADO - A case digest
Direct Filing
Facts;
Republic Act 7354 was passed into law stirring commotions from the Judiciary. Under its Sec 35 as implemented by Philippine Postal Corporation through its Circular No.92-28. The franking privelege of the Supreme Court, COA, RTCs, MTC, MTCC, and other government offices were withdrawn from them.
In addition, the petitioners raised the issue of constitutionality and the methods adopted prior it becoming a law.
Issues;
- Violative of Art VI Sec 26(1) which says '"Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof."
- Violative of Art VI Sec 26(2) which says 'No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.
Ruling:
The Supreme Court sustained as to the violation of Art VI Sec 26(1) ruling further that it's adoption is within the terms prescribed by law saying that the title of the bill is not required to be an index to the body of the act, or to be as comprehensive as to cover every single detail of the measure.
However, Sec 35 was ruled out to be in violation of the equal protection clause. The distinction made by the law is superficial. It is not based on substantial distinctions that make real differences between the Judiciary and the grantees of the franking privilege.
Tolentino vs. Secretary of Finance G.R. No. 115455, August 25, 1994
Sunday, January 25, 2009 Posted by Coffeeholic Writes Labels: Case Digests, Political Law
Facts: The
exchange of goods and properties as well as on the sale or exchange of services. RA 7716 seeks to widen the tax base of the existing VAT system and enhance its administration by amending the National Internal Revenue Code. There are various suits challenging the constitutionality of RA 7716 on various grounds.
One contention is that RA 7716 did not originate exclusively in theHouse of Representatives as required by Art. VI, Sec. 24 of the Constitution, because it is in fact the result of the consolidation of 2 distinct bills, H. No. 11197 and S. No. 1630. There is also a contention that S. No. 1630 did not pass 3 readings as required by the Constitution.
Issue: Whether or not RA 7716 violates Art. VI, Secs. 24 and 26(2) of the
Constitution
Held: The
theHouse of Representatives as required by Art. VI, Sec. 24 of the Constitution will not bear analysis. To begin with, it is not the law but the revenue bill which is required by the Constitution to originate exclusively in the House of Representatives. To insist that a revenue statute and not only the bill which initiated the legislative process culminating in the enactment of the law must substantially be the same as the House bill would be to deny the Senates power not only to concur with amendments but also to propose amendments. Indeed, what the Constitution simply means is that the initiative for filingrevenue, tariff or tax bills, bills authorizing an increase of the public debt, private bills and bills of local application must come from
theHouse of Representatives on the theory that, elected as they are from the districts, the members of the House can be expected to be more sensitive to the local needs and problems. Nor does the Constitution prohibit the filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House, so long as action by the Senate as a body is withheld pending receipt of the House bill.
The next argument of the petitioners was that S. No. 1630 did not pass 3 readings on separate days as required by the Constitution because the second and third readings were done on the same day. But this was because the President had certified S. No. 1630 as urgent. The presidential certification dispensed with the requirementnot only of printing but also that of reading the bill on separate days. That upon the certification of a bill by the President the requirement of 3 readings on separate days and of printing and distribution can be dispensed with is supported by the weight of legislative practice.
Alvarez vs Guingona
on June 23, 2011
of at least P20M per annum in order for it to be a city. That in the computation of the reported average income of P20,974,581.97 included the IRA which should not be. ISSUES: 1. Whether or not RA 7720 is invalid for not being originally from the HOR. 2. Whether or not the IRA should be included in the computation of an LGUs income. HELD: 1. NO. The house bill was filed first before the senate bill as the record shows. Further, the Senate held in abeyance any hearing on the said SB while the HB was on its 1 st, 2nd and 3rd reading in the HOR. The Senate only conducted its 1st hearing on the said SB one month after the HB was transmitted to the Senate (in anticipation of the said HB as well). 2. YES. The IRA should be added in the computation of an LGUs average annual income as was done in the case at bar. The IRAs are items of income because they form part of the gross accretion of the funds of the local government unit. The IRAs regularly and automatically accrue to the local treasury without need of any further action on the part of the local government unit. They thus constitute income which the local government can invariably rely upon as the source of much needed funds. To reiterate, IRAs are a regular, recurring item of income; nil is there a basis, too, to classify the same as a special fund or transfer, since IRAs have a technical definition and meaning all its own as used in the Local Government Code that unequivocally makes it distinct from special funds or transfers referred to when the Code speaks of funding support from the national government, its instrumentalities and government-owned-or-controlled corporations.
Does the passing of SB No. 1243, the Senates own version of HB No. 8817, into Republic Act No. 7720 be said to have originated in the House of Representatives as required? Held: Yes. Although a bill of local application should originate exclusively in the House of Representatives, the claim of petitioners that Republic Act No. 7720 did not originate exclusively in the House of Representatives because a bill of the same import, SB No. 1243, was passed in the Senate, is untenable because it cannot be denied that HB No. 8817 was filed in the House of Representatives first before SB No. 1243 was filed in the Senate. The filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House, does not contravene the constitutional requirement that a bill of local application should originate in the House of Representatives, for as long as the Senate does not act thereupon until it receives the House bill.
Alvarez v. Guingona G.R. No. 118303 January 31, 1996 Hermosisima, Jr., J. Facts: HB 8817, entitled An Act Converting the Municipality of Santiago into an Independent Component City to be known as the City of Santiago, was filed in the House of Representatives, subsequently passed by the House of Representatives, and transmitted to the Senate. A counterpart of HB 8817, SB 1243 was filed in the Senate, and was passed as well. The enrolled bill was submitted to and signed by the Chief Executive as RA 7720. When a plebiscite on the Act was held on July 13, 1994, a great majority of the registered voters of Santiago voted in favor of the conversion of Santiago into a city. Issue: whether or not considering that the Senate passed SB 1243, its own version of HB 8817, RA 7720 can be said to have originated in the House of Representatives Held: Yes. Bills of local application are required to originate exclusively in the House of Representatives. Petitioners contend that since a bill of the same import was passed in the Senate, it cannot be said to have originated in the House of Representatives. Such is untenable because it cannot be denied that the HB was filed first (18 Apr 1993). The SB was filed 19 May. The HB was approved on third reading 17 Dec, and was transmitted to the Senate 28 Jan 1994.
The filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House, does not contravene the constitutional requirement that a bill of local application should originate in the House of Representatives, for as long as the Senate does not act thereupon until it receives the House bill. The filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House of Representatives, does not contravene the constitutional requirement that a bill of local application should originate in the House of Representatives, for as long as the Senate does not act thereupon until it receives the House bill. In Tolentino v. Secretary of Finance, the Court said that what the Constitution simply means is that the initiative for filing revenue, tariff, or tax bills, bills authorizing an increase of the public debt, private bills and bills of local application must come from the House of Representatives on the theory that, elected as they are from the districts, the members of the House can be expected to be more sensitive to the local needs and problems. On the other hand, the senators, who are elected at large, are expected to approach the same problems from the national perspective. Both views are thereby made to bear on the enactment of such laws. Nor does the Constitution prohibit the filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House, so long as action by the Senate as a body is withheld pending receipt of the House bill.
Facts: Garcia was a reserve officer on active duty who wasreversed to inactive status. He filed an action for mandamus to compel the DND and AFP to reinstate him to active service and readjust his rank and pay emoluments. Garcia claims that his reversion to inactive status is violation of RA 1600 which prohibits the reversion of officers with at least 10 years of service. On the other hand, the AFP and DND contend that the said provision of RA 1600 has no relevance or pertinence to the budget in question or to any appropriation item therein. (RA 1600 was an appropriation law for 1956-57).
Issue: Whether RA 1600 is valid? Does it contain rider in an appropriation bill? Held: The incongruity and irrelevancy are already evident. Section 11 of RA 1600 fails to disclose the relevance to any appropriation item. RA 1600 is an appropriation law for the operation of government while Section 11 refers to a fundamental governmental policy of calling to active duty and the reversion of inactive statute of reserve officers in the AFP. Hence it was A NON-APPROPRIATION ITEM INSERTED IN AN APPROPRIATION MEASURE, in violation of the constitutionalprohibition against RIDERS to the general appropriation act. It was indeed a new and completely unrelated provision attached to the GAA. It also violates the rule on one-bill, one subject. The subject to be considered must be expressed in the title of the act. When an act contains provisions which are clearly not embraced in the subject of the act, as expressed in the title, such provisions are void, inoperative and without effect. SECTION 11 is unconstitutional. Garcia cannot compel the AFP to reinstate him.
Philippine Constitution Association, Inc (PHILCONSA) assails the validity of RA 3836 insofar as the same allows retirement gratuity and commutation of vacation and sick leave to Senators and Representatives, and to the elective officials of both Houses (of Congress). The provision on retirement gratuity is an attempt to circumvent the Constitutional ban on increase of salaries of the members of Congress during their term of office, contrary to the provisions of Article VI, Section 14 of the Constitution. The same provision constitutes selfish class legislation because it allows members and officers of Congress to retire after twelve (12) years of service and gives them a gratuity equivalent to one year salary for every four years of service, which is not refundable in case of reinstatement or re election of the retiree, while all other officers and employees of the government can retire only after at least twenty (20) years of service and are given a gratuity which is only equivalent to one month salary for every year of service, which, in any case, cannot exceed 24 months. The provision on vacation and sick leave, commutable at the highest rate received, insofar as members of Congress are concerned, is another attempt of the legislator to further increase their compensation in violation of the Constitution. The Sol-Gen counter argued alleging that The grant of retirement or pension benefits under Republic Act No. 3836 to the officers objected to by the petitioner does not constitute forbidden compensation within the meaning of Section 14 of Article VI of the Philippine Constitution. The law in question does not constitute class legislation. The payment of commutable vacation and sick leave benefits under the said Act is merely in the nature of a basis for computing the gratuity due each retiring member and, therefore, is not an indirect scheme to increase their salary. ISSUE: Whether or not RA 3836 is constitutional. HELD: Section 14, Article VI, of the Constitution, which reads: The senators and the Members of the House of Representatives shall, unless otherwise provided by law, receive an annual compensation of seven thousand two hundred pesos each, including per diems and other emoluments or allowances, and exclusive only of travelling expenses to and from their respective district in the case of Members of the House of Representatives and to and from their places of residence in the case of Senators, when attending sessions of the Congress. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and of the House of Representatives approving such increase. Until otherwise provided by law, the President of the Senate and the Speaker of the House of Representatives shall each receive an annual compensation of sixteen thousand pesos.
When the Constitutional Convention first determined the compensation for the Members of Congress, the amount fixed by it was only P5,000.00 per annum but it embodies a special proviso which reads as follows: No increase in said compensation s hall take effect until after the expiration of the full term of all the members of the National Assembly elected subsequent to approval of such increase. In other words, under the original constitutional provision regarding the power of the National Assembly to increase the salaries of its members, no increase would take effect until after the expiration of the full term of the members of the Assembly elected subsequent to the approval of such increase. The Constitutional provision in the aforementioned Section 14, Article VI, includes in the term compensation other emoluments. This is the pivotal point on this fundamental question as to whether the retirement benefit as provided for in Republic Act 3836 fall within the purview of the term other emoluments. Emolument as the profit arising from office or employment; that which is received as compensation for services or which is annexed to the possession of an office, as salary, fees and perquisites. It is evident that retirement benefit is a form or another species of emolument, because it is a part of compensation for services of one possessing any office. Republic Act 3836 provides for an increase in the emoluments of Senators and Members of the House of Representatives, to take effect upon the approval of said Act, which was on June 22, 1963. Retirement were immediately available thereunder, without awaiting the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase. Such provision clearly runs counter to the prohibition in Article VI, Section 14 of the Constitution. RA 3836 is hereby declared unconstitutional by the SC.
TIO VS. VIDEOGRAM REGULATORY BOARD [151 SCRA 208; G.R. No. L-75697; 18 Jun 1987]
Friday, January 30, 2009 Posted by Coffeeholic Writes Labels: Case Digests, Political Law
Facts: The
operators adversely affected by Presidential Decree No. 1987, An Act Creating the Videogram Regulatory Board" with broad powers to regulate
and
supervise
the
videogram
industry.
A month after the promulgation of the said Presidential Decree, the amended the National Internal Revenue Code provided that:
"SEC. 134. Video Tapes. There shall be collected on each processed videotape cassette, ready for playback, regardless of length, an annual tax of five pesos; Provided, That locally manufactured or imported sales blank video tax." tapes shall be subject to
Disposition of Videograms.
Notwithstanding any provision of law to the contrary, the provinceshall collect a tax of thirty percent (30%) of the purchase price orrental rate, as the case may be, for every sale, lease or disposition of a videogram containing a reproduction of any motion picture or audiovisual program. Fifty percent (50%) of the proceeds of the tax collected shall accrue to the province, and the other fifty percent (50%) shall accrue to the municipality where the tax is collected; PROVIDED, That in Metropolitan Manila, the tax shall be shared equally by the City/Municipality and the Metropolitan Manila Commission. The rationale behind the tax provision is to curb the proliferation and unregulated circulation of videograms including, among others, videotapes, discs, cassettes or any technical improvement or variation thereof, have greatly prejudiced the operations of movie houses and theaters. Such unregulated circulation have caused a sharp decline in theatrical attendance by at least forty percent (40%) and a tremendous drop in the collection of sales, contractor's specific, amusement and other taxes, thereby resulting in substantial losses estimated at P450 Million annually in government revenues. Videogram(s) establishments collectively earn around P600 Million per
annum from rentals, sales and disposition of videograms, and these earnings have not been subjected to tax, thereby depriving the Government of approximately P180 Million in taxes each year.
The unregulated activities of videogram establishments have also affected the viability of the movie industry.
Issues:
(1) Whether or not tax imposed by the DECREE is a valid exercise of police power. (2) Whether or nor the DECREE is constitutional.
Held: Taxation
The levy of the 30% tax is for a public purpose. It was imposed primarily to answer the need for regulating the video industry, particularly because of the rampant film piracy, the flagrant violation of intellectual property rights, and the proliferation of pornographicvideo tapes. And while it was also an objective of the DECREE to protect the movie industry, the tax remains a valid imposition.
We find no clear violation of the Constitution which would justify us in pronouncing Presidential Decree No. 1987 as unconstitutional and void. While the underlying objective of the DECREE is to protect the moribund movie industry, there is no question that public welfare is at bottom of its enactment, considering "the unfair competition posed by rampant film piracy; the erosion of the moral fiber of the viewing public brought about by the availability of unclassified and unreviewedvideo tapes containing pornographic films and films with brutally violent sequences; and losses in government revenues due to the drop in theatrical attendance, not to
mention the fact that the activities of video establishments are virtually untaxed since mere payment of Mayor's permit and municipal license fees are required to engage in business."