G.R. No.

L-28089 October 25, 1967 Dianaton, Lanao del Sur shall comprise the barrios of Kapatagan, Bongabong, Aipang,
Dagowan, Bakikis, Bungabung, Losain, Matimos, and Magolatung situated in the municipality
BARA LIDASAN, petitioner, of Balabagan, Lanao del Sur, the barrios of Togaig and Madalum situated in the municipality
vs. of Buldon, Cotabato, the barrios of Bayanga, Langkong, Sarakan, Kat-bo, Digakapan, Magabo,
COMMISSION ON ELECTIONS, respondent. Tabangao, Tiongko, Colodan and Kabamakawan situated in the municipality of Parang, also of
Cotabato.
Suntay for petitioner.
Barrios and Fule for respondent. Doubtless, as the statute stands, twelve barrios — in two municipalities in the province of
Cotabato — are transferred to the province of Lanao del Sur. This brought about a change in
the boundaries of the two provinces.
SANCHEZ, J.:

Apprised of this development, on September 7, 1967, the Office of the President, through
The question initially presented to the Commission on Elections,1 is this: Is Republic Act 4790,
the Assistant Executive Secretary, recommended to Comelec that the operation of the
which is entitled "An Act Creating the Municipality of Dianaton in the Province of Lanao del
statute be suspended until "clarified by correcting legislation."
Sur", but which includes barrios located in another province — Cotabato — to be spared
from attack planted upon the constitutional mandate that "No bill which may be enacted
into law shall embrace more than one subject which shall be expressed in the title of the Comelec, by resolution of September 20, 1967, stood by its own interpretation, declared that
bill"? Comelec's answer is in the affirmative. Offshoot is the present original petition for the statute "should be implemented unless declared unconstitutional by the Supreme
certiorari and prohibition. Court."

On June 18, 1966, the Chief Executive signed into law House Bill 1247, known as Republic Act This triggered the present original action for certiorari and prohibition by Bara Lidasan, a
4790, now in dispute. The body of the statute, reproduced in haecverba, reads: resident and taxpayer of the detached portion of Parang, Cotabato, and a qualified voter for
the 1967 elections. He prays that Republic Act 4790 be declared unconstitutional; and that
Comelec's resolutions of August 15, 1967 and September 20, 1967 implementing the same
Sec. 1. Barrios Togaig, Madalum, Bayanga, Langkong, Sarakan, Kat-bo, Digakapan, Magabo,
for electoral purposes, be nullified.
Tabangao, Tiongko, Colodan, Kabamakawan, Kapatagan, Bongabong, Aipang, Dagowan,
Bakikis, Bungabung, Losain, Matimos and Magolatung, in the Municipalities of Butig and
Balabagan, Province of Lanao del Sur, are separated from said municipalities and constituted 1. Petitioner relies upon the constitutional requirement aforestated, that "[n]o bill which may
into a distinct and independent municipality of the same province to be known as the be enacted into law shall embrace more than one subject which shall be expressed in the
Municipality of Dianaton, Province of Lanao del Sur. The seat of government of the title of the bill."2
municipality shall be in Togaig.
It may be well to state, right at the outset, that the constitutional provision contains dual
Sec. 2. The first mayor, vice-mayor and councilors of the new municipality shall be elected in limitations upon legislative power. First. Congress is to refrain from conglomeration, under
the nineteen hundred sixty-seven general elections for local officials. one statute, of heterogeneous subjects. Second. The title of the bill is to be couched in a
language sufficient to notify the legislators and the public and those concerned of the import
of the single subject thereof.
Sec. 3. This Act shall take effect upon its approval.

Of relevance here is the second directive. The subject of the statute must be "expressed in
It came to light later that barrios Togaig and Madalum just mentioned are within the
the title" of the bill. This constitutional requirement "breathes the spirit of command."3
municipality of Buldon, Province of Cotabato, and that Bayanga, Langkong, Sarakan, Kat-bo,
Compliance is imperative, given the fact that the Constitution does not exact of Congress the
Digakapan, Magabo, Tabangao, Tiongko, Colodan and Kabamakawan are parts and parcel of
obligation to read during its deliberations the entire text of the bill. In fact, in the case of
another municipality, the municipality of Parang, also in the Province of Cotabatoand not of
House Bill 1247, which became Republic Act 4790, only its title was read from its introduction
Lanao del Sur.
to its final approval in the House of Representatives4 where the bill, being of local
application, originated.5
Prompted by the coming elections, Comelec adopted its resolution of August 15, 1967, the
pertinent portions of which are:
Of course, the Constitution does not require Congress to employ in the title of an enactment,
language of such precision as to mirror, fully index or catalogue all the contents and the
For purposes of establishment of precincts, registration of voters and for other election minute details therein. It suffices if the title should serve the purpose of the constitutional
purposes, the Commission RESOLVED that pursuant to RA 4790, the new municipality of
demand that it inform the legislators, the persons interested in the subject of the bill, and constitutional dimensions in writing down the title of the bill. Transfer of a sizeable portion of
the public, of the nature, scope and consequences of the proposed law and its operation. territory from one province to another of necessity involves reduction of area, population
And this, to lead them to inquire into the body of the bill, study and discuss the same, take and income of the first and the corresponding increase of those of the other. This is as
appropriate action thereon, and, thus, prevent surprise or fraud upon the legislators.6 important as the creation of a municipality. And yet, the title did not reflect this fact.

In our task of ascertaining whether or not the title of a statute conforms with the Respondent asks us to read Felwa vs. Salas, L-16511, October 29, 1966, as controlling here.
constitutional requirement, the following, we believe, may be taken as guidelines: The Felwa case is not in focus. For there, the title of the Act (Republic Act 4695) reads: "An
Act Creating the Provinces of Benguet, Mountain Province, Ifugao, and Kalinga-Apayao." That
The test of the sufficiency of a title is whether or not it is misleading; and, which technical title was assailed as unconstitutional upon the averment that the provisions of the law
accuracy is not essential, and the subject need not be stated in express terms where it is (Section, 8 thereof) in reference to the elective officials of the provinces thus created, were
clearly inferable from the details set forth, a title which is so uncertain that the average not set forth in the title of the bill. We there ruled that this pretense is devoid of merit "for,
person reading it would not be informed of the purpose of the enactment or put on inquiry as surely, an Act creating said provinces must be expected to provide for the officers who shall
to its contents, or which is misleading, either in referring to or indicating one subject where run the affairs thereof" — which is "manifestly germane to the subject" of the legislation, as
another or different one is really embraced in the act, or in omitting any expression or set forth in its title. The statute now before us stands altogether on a different footing. The
indication of the real subject or scope of the act, is bad. lumping together of barrios in adjacent but separate provinces under one statute is neither a
natural nor logical consequence of the creation of the new municipality of Dianaton. A
change of boundaries of the two provinces may be made without necessarily creating a new
xxx xxx xxx
municipality and vice versa.

In determining sufficiency of particular title its substance rather than its

As we canvass the authorities on this point, our attention is drawn to Hume vs. Village of
form should be considered, and the purpose of the constitutional
Fruitport, 219 NW 648, 649. There, the statute in controversy bears the title "An Act to
requirement, of giving notice to all persons interested, should be kept in
Incorporate the Village of Fruitport, in the County of Muskegon." The statute, however, in its
mind by the court.7
section 1 reads: "The people of the state of Michigan enact, that the following described
territory in the counties of Muskegon and Ottawa Michigan, to wit: . . . be, and the same is
With the foregoing principles at hand, we take a hard look at the disputed statute. The title hereby constituted a village corporate, by the name of the Village of Fruitport." This statute
— "An Act Creating the Municipality of Dianaton, in the Province of Lanao del Sur"8 — was challenged as void by plaintiff, a resident of Ottawa county, in an action to restraint the
projects the impression that solely the province of Lanao del Sur is affected by the creation of Village from exercising jurisdiction and control, including taxing his lands. Plaintiff based his
Dianaton. Not the slightest intimation is there that communities in the adjacent province of claim on Section 20, Article IV of the Michigan State Constitution, which reads: "No law shall
Cotabato are incorporated in this new Lanaodel Sur town. The phrase "in the Province of embrace more than one object, which shall be expressed in its title." The Circuit Court decree
Lanao del Sur," read without subtlety or contortion, makes the title misleading, deceptive. voided the statute and defendant appealed. The Supreme Court of Michigan voted to uphold
For, the known fact is that the legislation has a two-pronged purpose combined in one the decree of nullity. The following, said in Hume, may well apply to this case:
statute: (1) it creates the municipality of Dianaton purportedly from twenty-one barrios in
the towns of Butig and Balabagan, both in the province of Lanao del Sur; and (2) it also
It may be that words, "An act to incorporate the village of Fruitport," would have been a
dismembers two municipalities in Cotabato, a province different from Lanaodel Sur.
sufficient title, and that the words, "in the county of Muskegon" were unnecessary; but we
do not agree with appellant that the words last quoted may, for that reason, be disregarded
The baneful effect of the defective title here presented is not so difficult to perceive. Such as surplusage.
title did not inform the members of Congress as to the full impact of the law; it did not
apprise the people in the towns of Buldon and Parang in Cotabato and in the province of
. . . Under the guise of discarding surplusage, a court cannot reject a part of the title of an act
Cotabato itself that part of their territory is being taken away from their towns and province
for the purpose of saving the act. Schmalz vs. Woody, 56 N.J. Eq. 649, 39 A. 539.
and added to the adjacent Province of Lanao del Sur; it kept the public in the dark as to what
towns and provinces were actually affected by the bill. These are the pressures which heavily
weigh against the constitutionality of Republic Act 4790. A purpose of the provision of the Constitution is to "challenge the attention of those affected
by the act to its provisions."Savings Bank vs. State of Michigan, 228 Mich. 316, 200 NW 262.
Respondent's stance is that the change in boundaries of the two provinces resulting in "the
substantial diminution of territorial limits" of Cotabato province is "merely the incidental The title here is restrictive. It restricts the operation of the act of Muskegon county. The act
legal results of the definition of the boundary" of the municipality of Dianaton and that, goes beyond the restriction. As was said in Schmalz vs. Wooly, supra: "The title is erroneous
therefore, reference to the fact that portions in Cotabato are taken away "need not be in the worst degree, for it is misleading."9
expressed in the title of the law." This posture — we must say — but emphasizes the error of
Similar statutes aimed at changing boundaries of political subdivisions, which legislative Consequently, several factors come to the fore in the consideration of whether a group of
purpose is not expressed in the title, were likewise declared unconstitutional."10 barrios is capable of maintaining itself as an independent municipality. Amongst these are
population, territory, and income. It was apparently these same factors which induced the
We rule that Republic Act 4790 is null and void. writing out of House Bill 1247 creating the town of Dianaton. Speaking of the original twenty-
one barrios which comprise the new municipality, the explanatory note to House Bill 1247,
now Republic Act 4790, reads:
2. Suggestion was made that Republic Act 4790 may still be salvaged with reference to the
nine barrios in the municipalities of Butig and Balabagan in Lanaodel Sur, with the mere
nullification of the portion thereof which took away the twelve barrios in the municipalities The territory is now a progressive community; the aggregate population is large; and the
of Buldon and Parang in the other province of Cotabato. The reasoning advocated is that the collective income is sufficient to maintain an independent municipality.
limited title of the Act still covers those barrios actually in the province of Lanao del Sur.
This bill, if enacted into law, will enable the inhabitants concerned to govern themselves and
We are not unmindful of the rule, buttressed on reason and of long standing, that where a enjoy the blessings of municipal autonomy.
portion of a statute is rendered unconstitutional and the remainder valid, the parts will be
separated, and the constitutional portion upheld. Black, however, gives the exception to this When the foregoing bill was presented in Congress, unquestionably, the totality of the
rule, thus: twenty-one barrios — not nine barrios — was in the mind of the proponent thereof. That this
is so, is plainly evident by the fact that the bill itself, thereafter enacted into law, states that
. . . But when the parts of the statute are so mutually dependent and connected, as the seat of the government is in Togaig, which is a barrio in the municipality of Buldon in
conditions, considerations, inducements, or compensations for each other, as to warrant a Cotabato. And then the reduced area poses a number of questions, thus: Could the
belief that the legislature intended them as a whole, and that if all could not be carried into observations as to progressive community, large aggregate population, collective income
effect, the legislature would not pass the residue independently, then, if some parts are sufficient to maintain an independent municipality, still apply to a motley group of only nine
unconstitutional, all the provisions which are thus dependent, conditional, or connected, barrios out of the twenty-one? Is it fair to assume that the inhabitants of the said remaining
must fall with them,11 barrios would have agreed that they be formed into a municipality, what with the
consequent duties and liabilities of an independent municipal corporation? Could they stand
on their own feet with the income to be derived in their community? How about the peace
In substantially similar language, the same exception is recognized in the jurisprudence of
and order, sanitation, and other corporate obligations? This Court may not supply the answer
this Court, thus:
to any of these disturbing questions. And yet, to remain deaf to these problems, or to answer
them in the negative and still cling to the rule on separability, we are afraid, is to impute to
The general rule is that where part of a statute is void, as repugnant to the Organic Law, Congress an undeclared will. With the known premise that Dianaton was created upon the
while another part is valid, the valid portion if separable from the invalid, may stand and be basic considerations of progressive community, large aggregate population and sufficient
enforced. But in order to do this, the valid portion must be so far independent of the invalid income, we may not now say that Congress intended to create Dianaton with only nine — of
portion that it is fair to presume that the Legislature would have enacted it by itself if they the original twenty-one — barrios, with a seat of government still left to be conjectured. For,
had supposed that they could not constitutionally enact the other. . . Enough must remain to this unduly stretches judicial interpretation of congressional intent beyond credibility point.
make a complete, intelligible, and valid statute, which carries out the legislative intent. . . . To do so, indeed, is to pass the line which circumscribes the judiciary and tread on legislative
The language used in the invalid part of the statute can have no legal force or efficacy for any premises. Paying due respect to the traditional separation of powers, we may not now melt
purpose whatever, and what remains must express the legislative will independently of the and recast Republic Act 4790 to read a Dianaton town of nine instead of the originally
void part, since the court has no power to legislate, . . . .12 intended twenty-one barrios. Really, if these nine barrios are to constitute a town at all, it is
the function of Congress, not of this Court, to spell out that congressional will.
Could we indulge in the assumption that Congress still intended, by the Act, to create the
restricted area of nine barrios in the towns of Butig and Balabagan in Lanaodel Sur into the Republic Act 4790 is thus indivisible, and it is accordingly null and void in its totality.14
town of Dianaton, if the twelve barrios in the towns of Buldon and Parang, Cotabato were to
be excluded therefrom? The answer must be in the negative.
3. There remains for consideration the issue raised by respondent, namely, that petitioner
has no substantial legal interest adversely affected by the implementation of Republic Act
Municipal corporations perform twin functions. Firstly. They serve as an instrumentality of 4790. Stated differently, respondent's pose is that petitioner is not the real party in interest.
the State in carrying out the functions of government. Secondly. They act as an agency of the
community in the administration of local affairs. It is in the latter character that they are a
Here the validity of a statute is challenged on the ground that it violates the constitutional
separate entity acting for their own purposes and not a subdivision of the State.13
requirement that the subject of the bill be expressed in its title. Capacity to sue, therefore,
hinges on whether petitioner's substantial rights or interests are impaired by lack of
notification in the title that the barrio in Parang, Cotabato, where he is residing has been members of the legislature as well as the people should be informed of the subject of
transferred to a different provincial hegemony. proposed legislative measures. This constitutional provision thus precludes the insertion of
riders in legislation, a rider being a provision not germane to the subject matter of the bill.
The right of every citizen, taxpayer and voter of a community affected by legislation creating
a town to ascertain that the law so created is not dismembering his place of residence "in It is not to be narrowly construed though as to cripple or impede proper legislation. The
accordance with the Constitution" is recognized in this jurisdiction.15 construction must be reasonable and not technical. It is sufficient if the title be
comprehensive enough reasonably to include the general object which the statute seeks to
Petitioner is a qualified voter. He expects to vote in the 1967 elections. His right to vote in his effect without expressing each and every end and means necessary for the accomplishment
own barrio before it was annexed to a new town is affected. He may not want, as is the case of that object. Mere details need not be set forth. The legislature is not required to make the
here, to vote in a town different from his actual residence. He may not desire to be title of the act a complete index of its contents. The constitutional provision is satisfied if all
considered a part of hitherto different communities which are fanned into the new town; he parts of an act which relates to its subject find expression in its title.3
may prefer to remain in the place where he is and as it was constituted, and continue to
enjoy the rights and benefits he acquired therein. He may not even know the candidates of The first decision of this Court, after the establishment of the Commonwealth of the
the new town; he may express a lack of desire to vote for anyone of them; he may feel that Philippines, in 1938, construing a provision of this nature, Government v. Hongkong&
his vote should be cast for the officials in the town before dismemberment. Since by Shanghai Bank,4 held that the inclusion of Section 11 of Act No. 4007, the Reorganization
constitutional direction the purpose of a bill must be shown in its title for the benefit, Law, providing for the mode in which the total annual expenses of the Bureau of Banking
amongst others, of the community affected thereby,16 it stands to reason to say that when may be reimbursed through assessment levied upon all banking institutions subject to
the constitutional right to vote on the part of any citizen of that community is affected, he inspection by the Bank Commissioner was not violative of such a requirement in the Jones
may become a suitor to challenge the constitutionality of the Act as passed by Congress. Law, the previous organic act. Justice Laurel, however, vigorously dissented, his view being
that while the main subject of the act was reorganization, the provision assailed did not deal
For the reasons given, we vote to declare Republic Act 4790 null and void, and to prohibit with reorganization but with taxation. While the case of Government vs. Hongkong&
respondent Commission from implementing the same for electoral purposes. Shanghai Bank was decided by a bare majority of four justices against three, the present
trend seems to be that the constitutional requirement is to be given the liberal test as
indicated in the majority opinion penned by Justice Abad Santos, and not the strict test as
No costs allowed. So ordered.
desired by the majority headed by Justice Laurel.

Separate Opinions
Such a trend has been reflected in subsequent decisions beginning with Sumulong v.
Commission on Elections,5 up to and including Felwa vs. Salas, a 1966 decision,6 the opinion
FERNANDO, J., dissenting: coming from Justice Concepcion.

With regret and with due recognition of the merit of the opinion of the Court, I find myself It is true of course that in Philconsa v. Gimenez,7 one of the grounds on which the invalidity
unable to give my assent. Hence these few words to express my stand. of Republic Act No. 3836 was predicated was the violation of the above constitutional
provision. This Retirement Act for senators and representatives was entitled "AN ACT
Republic Act No. 4790 deals with one subject matter, the creation of the municipality of AMENDING SUB-SECTION (c), SECTION TWELVE OF COMMONWEALTH ACT NUMBERED ONE
Dianaton in the province of Lanao del Sur. The title makes evident what is the subject matter HUNDRED EIGHTY-SIX, AS AMENDED BY REPUBLIC ACT NUMBERED THIRTY HUNDRED
of such an enactment. The mere fact that in the body of such statute barrios found in two NINETY-SIX." As we noted, the paragraph in Republic Act No. 3836 deemed objectionable
other municipalities of another province were included does not of itself suffice for a finding "refers to members of Congress and to elective officers thereof who are not members of the
of nullity by virtue of the constitutional provision invoked. At the most, the statute to be free Government Service Insurance System. To provide retirement benefits, therefore, for these
from the insubstantial doubts about its validity must be construed as not including the officials, would relate to a subject matter which is not germane to Commonwealth Act No.
barrios, located not in the municipalities of Butig and Balabagan, Lanaodel Sur, but in Parang 186. In other words, this portion of the amendment ( re retirement benefits for Members of
and Baldon, Cotabato. Congress and appointive officers, such as the Secretary and Sergeants-at-arms for each
house) is not related in any manner to the subject of Commonwealth Act No. 186
The constitutional requirement is that no bill which may be enacted into law shall embrace establishing the Government Service Insurance System and which provides for both
more than one subject which shall be expressed in the title of the bill.1This provision is retirement and insurance benefits to its members." Nonetheless our opinion was careful to
similar to those found in the Constitution of many American States. It is aimed against the note that there was no abandonment of the principle of liberality. Thus: "we are not
evils, of the so-called omnibus bills, and log-rolling legislation, and against surreptitious or unmindful of the fact that there has been a general disposition in all courts to construe the
unconsidered enactments.2Where the subject of a bill is limited to a particular matter, the constitutional provision with reference to the subject and title of the Act, liberally."
It would follow therefore that the challenged legislation Republic Act No. 4790 is not doubts as to [their] validity."11 From the pen of the articulate jurist, Frankfurter:12
susceptible to the indictment that the constitutional requirement as to legislation having only "Accordingly, the phrase "lobbying activities" in the resolution must be given the meaning
one subject which should be expressed in his title was not met. The subject was the creation that may fairly be attributed to it, having special regard for the principle of constitutional
of the municipality of Dianaton. That was embodied in the title. adjudication which makes it decisive in the choice of fair alternatives that one construction
may raise serious constitutional questions avoided by another." His opinion in the Rumely
It is in the light of the aforementioned judicial decisions of this Court, some of the opinions case continues with the above pronouncement of Stone and two other former Chief Justices:
coming from jurists illustrious for their mastery of constitutional law and their acknowledged "In the words of Mr. Chief Justice Taft, '(i)t is our duty in the interpretation of federal statutes
erudition, that, with all due respect, I find the citation from Corpus JurisSecundum, to reach conclusion which will avoid serious doubt of their constitutionality', Richmond Screw
unnecessary and far from persuasive. The State decisions cited, I do not deem controlling, as Anchor Co. v. United States, 275 US 331, 346, 48 S. Ct. 194, 198, 72 L. ed. 303. . . . As phrased
the freedom of this Court to accept or reject doctrines therein announced cannot be by Mr. Chief Justice Hughes, "if a serious doubt of constitutionality is raised, it is a cardinal
doubted. principle that this Court will first ascertain whether a construction of the statute is fairly
possible by which the question may be avoided.' Crowell v. Benson, 285, 296, 76 L. ed. 598,
and cases cited." The prevailing doctrine then as set forth by Justice Clark in a 1963
Wherein does the weakness of the statute lie then? To repeat, several barrios of two
decision,13 is that courts "have consistently sought an interpretation which supports the
municipalities outside Lanaodel Sur were included in the municipality of Dianaton of that
constitutionality of legislation." Phrased differently by Justice Douglas, the judiciary favors
province. That itself would not have given rise to a constitutional question considering the
"that interpretation of legislation which gives it the greater change of surviving the test of
broad, well-high plenary powers possessed by Congress to alter provincial and municipal
constitutionality."14
boundaries. What justified resort to this Court was the congressional failure to make explicit
that such barrios in two municipalities located in Cotabato would thereafter form part of the
newly created municipality of Dianaton, Lanaodel Sur. It would follow then that both Philippine and American decisions unite in the view that a
legislative measure, in the language of Van Devanter "should not be given a construction
which will imperil its validity where it is reasonably open to construction free from such
To avoid any doubt as to the validity of such statute, it must be construed as to exclude from
peril."15 Republic Act No. 4790 as above construed incurs no such risk and is free from the
Dianaton all of such barrios mentioned in Republic Act No. 4790 found in municipalities
peril of nullity.
outside Lanaodel Sur. As thus interpreted, the statute can meet the test of the most rigid
scrutiny. Nor is this to do violence to the legislative intent. What was created was a new
municipality from barrios named as found in Lanaodel Sur. This construction assures So I would view the matter, with all due acknowledgment of the practical considerations
precisely that. clearly brought to light in the opinion of the Court.

This mode of interpreting Republic Act No. 4790 finds support in basic principles underlying
precedents, which if not precisely controlling, have a persuasive ring. In Radiowealth v.
Agregado,8 certain provisions of the Administrative Code were interpreted and given a
"construction which would be more in harmony with the tenets of the fundamental law." In
Sanchez v. Lyon Construction,9 this Court had a similar ruling: "Article 302 of the Code of
Commerce must be applied in consonance with [the relevant] provisions of our
Constitution." The above principle gained acceptance at a much earlier period in our
constitutional history. Thus in a 1913 decision, In re Guariña:10 "In construing a statute
enacted by the Philippine Commission we deem it our duty not to give it a construction
which would be repugnant to an Act of Congress, if the language of the statute is fairly
susceptible of another construction not in conflict with the higher law. In doing so, we think
we should not hesitate to disregard contentions touching the apparent intention of the
legislator which would lead to the conclusion that the Commission intended to enact a law in
violation of the Act of Congress. However specious the argument may be in favor of one of
two possible constructions, it must be disregarded if on examination it is found to rest on the
contention that the legislator designed an attempt to transcend the rightful limits of his
authority, and that his apparent intention was to enact an invalid law."

American Supreme Court decisions are equally explicit. The then Justice, later Chief Justice,
Stone, construed statutes "with an eye to possible constitutional limitations so as to avoid