NPC Drivers and Mechanics Association (NPC-DAMA) vs.

National Power Corporation (NPC), department heads to employ their own sound discretion in exercising the corporate powers of
503 SCRA 138, G.R. No. 156208 September 26, 2006 the National Power Corporation.—In the case at bar, it is not difficult to comprehend that in
approving NPB Resolutions No. 2002-124 and No. 2002-125, it is the representatives of the
Administrative Law; Delegation of Powers; The department secretaries composing the secretaries of the different executive departments and not the secretaries themselves who
National Power Board of Directors (NPB) cannot delegate their duties as members of the NPB, exercised judgment in passing the assailed Resolution, as shown by the fact that it is the
much less their power to vote and approve board resolutions, because it is their personal signatures of the respective representatives that are affixed to the questioned Resolutions.
judgment that must be exercised in the fulfillment of such responsibility.—We agree with This, to our mind, violates the duty imposed upon the specifically enumerated department
petitioners. In enumerating under Section 48 those who shall compose the National Power heads to employ their own sound discretion in exercising the corporate powers of the NPC.
Board of Directors, the legislature has vested upon these persons the power to exercise their Evidently, the votes cast by these mere representatives in favor of the adoption of the said
judgment and discretion in running the affairs of the NPC. Discretion may be defined as “the Resolutions must not be considered in determining whether or not the necessary number of
act or the liberty to decide according to the principles of justice and one’s ideas of what is right votes was garnered in order that the assailed Resolutions may be validly enacted. Hence, there
and proper under the circumstances, without willfulness or favor. Discretion, when applied to being only three valid votes cast out of the nine board members, namely those of DOE
public functionaries, means a power or right conferred upon them by law of acting officially in Secretary Vincent S. Perez, Jr.; Department of Budget and Management Secretary Emilia T.
certain circumstances, according to the dictates of their own judgment and conscience, Boncodin; and NPC OIC-President Rolando S. Quilala, NPB Resolutions No. 2002-124 and No.
uncontrolled by the judgment or conscience of others. It is to be presumed that in naming the 2002-125 are void and are of no legal effect.
respective department heads as members of the board of directors, the legislature chose these
secretaries of the various executive departments on the basis of their personal qualifications
and acumen which made them eligible to occupy their present positions as department heads.
Thus, the department secretaries cannot delegate their duties as members of the NPB, much Sema vs. Commission on Elections, 558 SCRA 700, G.R. No. 177597 July 16, 2008
less their power to vote and approve board resolutions, because it is their personal judgment Same; Delegation of Powers; There is neither an express prohibition nor an express grant of
that must be exercised in the fulfillment of such responsibility. authority in the Constitution for Congress to delegate to regional or local legislative bodies the
power to create local government units.—There is neither an express prohibition nor an
express grant of authority in the Constitution for Congress to delegate to regional or local
Same; Same; The rule that requires an administrative officer to exercise his own judgment and legislative bodies the power to create local government units. However, under its plenary
discretion does not preclude him from utilizing, as a matter of practical administrative legislative powers, Congress can delegate to local legislative bodies the power to create local
procedure, the aid of subordinates, so long as it is the legally authorized official who makes government units, subject to reasonable standards and provided no conflict arises with any
the final decision through the use of his own personal judgment.—Respondents’ assertion to provision of the Constitution. In fact, Congress has delegated to provincial boards, and city and
the contrary is not tenable. The ruling in the case cited by respondents to support their municipal councils, the power to create barangays within their jurisdiction, subject to
contention is not applicable in the case at bar. While it is true that the Court has determined compliance with the criteria established in the Local Government Code, and the plebiscite
in the case of American Tobacco Company v. Director of Patents, 67 SCRA 287 (1975), that a requirement in Section 10, Article X of the Constitution. However, under the Local Government
delegate may exercise his authority through persons he appoints to assist him in his functions, Code, “only x x x an Act of Congress” can create provinces, cities or municipalities.
it must be stressed that the Court explicitly stated in the same case that said practice is
permissible only when the judgment and discretion finally exercised are those of the officer
authorized by law. According to the Court, the rule that requires an administrative officer to Same; Congress; Delegation of Powers; The power to reapportion legislative districts
exercise his own judgment and discretion does not preclude him from utilizing, as a matter of necessarily includes the power to create legislative districts out of existing ones.—Section 5(1),
practical administrative procedure, the aid of subordinates, so long as it is the legally Article VI of the Constitution vests in Congress the power to increase, through a law, the
authorized official who makes the final decision through the use of his own personal judgment. allowable membership in the House of Representatives. Section 5 (4) empowers Congress to
reapportion legislative districts. The power to reapportion legislative districts necessarily
includes the power to create legislative districts out of existing ones. Congress exercises these
Same; Same; Where it is the representatives of the secretaries of the different executive powers through a law that Congress itself enacts, and not through a law that regional or local
departments and not the secretaries themselves who exercised judgment in passing the legislative bodies enact. The allowable membership of the House of Representatives can be
assailed Resolution, this violated the duty imposed upon the specifically enumerated increased, and new legislative districts of Congress can be created, only through a national law

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passed by Congress. In Montejo v. COMELEC, 242 SCRA 415 (1995), we held that the “power has delegated the exercise of police power to local government units, as agencies of the State.
of redistricting x x x is traditionally regarded as part of the power (of Congress) to make laws,” This delegation of police power is embodied in Section 16 of the Local Government Code of
and thus is vested exclusively in Congress. 1991 (R.A. No. 7160), known as the General Welfare Clause, which has two branches. “The
first, known as the general legislative power, authorizes the municipal council to enact
ordinances and make regulations not repugnant to law, as may be necessary to carry into
Same; Same; An inferior legislative body, created by a superior legislative body, cannot change effect and discharge the powers and duties conferred upon the municipal council by law. The
the membership of the superior legislative body.—This textual commitment to Congress of the second, known as the police power proper, authorizes the municipality to enact ordinances as
exclusive power to create or reapportion legislative districts is logical. Congress is a national may be necessary and proper for the health and safety, prosperity, morals, peace, good order,
legislature and any increase in its allowable membership or in its incumbent membership comfort, and convenience of the municipality and its inhabitants, and for the protection of
through the creation of legislative districts must be embodied in a national law. Only Congress their property.”
can enact such a law. It would be anomalous for regional or local legislative bodies to create
or reapportion legislative districts for a national legislature like Congress. An inferior legislative
body, created by a superior legislative body, cannot change the membership of the superior Same; Same; Ordinances; For an ordinance to be valid, it must not only be within the corporate
legislative body. powers of the local government unit to enact and pass according to the procedure prescribed
by law, it must also conform to the substantive requirements.—White Light Corporation v. City
of Manila, 576 SCRA 416 (2009), discusses the test of a valid ordinance: The test of a valid
United States vs. Salaveria., 39 Phil., 102, No. 13678 November 12, 1918 ordinance is well established. A long line of decisions including City of Manila has held that for
an ordinance to be valid, it must not only be within the corporate powers of the local
ID.; PUBLIC CORPORATIONS ; POLICE POWER.—Not only does the State effectuate its purposes government unit to enact and pass according to the procedure prescribed by law, it must also
through the exercise of the police power, but the municipality does also. Like the State, the conform to the following substantive requirements: (1) must not contravene the Constitution
police power of a municipal corporation extends to all matters affecting the peace, order, or any statute; (2) must not be unfair or oppressive; (3) must not be partial or discriminatory;
health, morals, convenience, comfort, and safety of its citizens—the security of social order— (4) must not prohibit but may regulate trade; (5) must be general and consistent with public
the best and highest interests of the municipality. The best considered decisions have tended policy; and (6) must not be unreasonable.
to broaden the scope of action of the municipality in dealing with police offenses. The public
welfare is rightly made the basis of construction.

3. ID.; ID.; ID.; GENERAL WELFARE CLAUSE.—Section 2238 of the Administrative Code of 1917, Same; Same; Same; Rational Relationship Test; Strict Scrutiny Test; To successfully invoke the
known as the general welfare clause, delegates in statutory form the police power to a exercise of police power as the rationale for the enactment of an ordinance and to free it from
municipality. The general welfare clause has two branches. One branch attaches itself to the the imputation of constitutional infirmity, two tests have been used by the Court―the rational
main trunk of municipal authority, and relates to such ordinances and regulations as may be relationship test and the strict scrutiny test.—To successfully invoke the exercise of police
necessary to carry into effect and discharge the powers and duties conferred upon the power as the rationale for the enactment of an ordinance and to free it from the imputation
municipal council by law. The second. branch of the clause is much more independent of the of constitutional infirmity, two tests have been used by the Court―the rational relationship
specific functions of the council which are enumerated by law. United States vs. Salaveria., 39 test and the strict scrutiny test: We ourselves have often applied the rational basis test mainly
Phil., 102, No. 13678 November 12, 1918 in analysis of equal protection challenges. Using the rational basis examination, laws or
ordinances are upheld if they rationally further a legitimate governmental interest. Under
intermediate review, governmental interest is extensively examined and the availability of less
restrictive measures is considered. Applying strict scrutiny, the focus is on the presence of
Fernando vs. St. Scholastica's College, 693 SCRA 141, G.R. No. 161107 March 12, 2013 compelling, rather than substantial, governmental interest and on the absence of less
Constitutional Law; Police Power; Police power is the plenary power vested in the legislature restrictive means for achieving that interest.
to make statutes and ordinances to promote the health, morals, peace, education, good order
or safety and general welfare of the people.—“Police power is the plenary power vested in the
legislature to make statutes and ordinances to promote the health, morals, peace, education, Same; Same; Same; The State may not, under the guise of police power, permanently divest
good order or safety and general welfare of the people.” The State, through the legislature, owners of the beneficial use of their property solely to preserve or enhance the aesthetic
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appearance of the community.—Regarding the beautification purpose of the setback unconstitutional; Any post-enactment-measure allowing legislator participation beyond
requirement, it has long been settled that the State may not, under the guise of police power, oversight is bereft of any constitutional basis and hence, tantamount to impermissible
permanently divest owners of the beneficial use of their property solely to preserve or enhance interference and/or assumption of executive functions.―The Legislative branch of
the aesthetic appearance of the community. The Court, thus, finds Section 5 to be government, much more any of its members, should not cross over the field of implementing
unreasonable and oppressive as it will substantially divest the respondents of the beneficial the national budget since, as earlier stated, the same is properly the domain of the Executive.
use of their property solely for aesthetic purposes. Accordingly, Section 5 of Ordinance No. 192 Again, in Guingona, Jr., the Court stated that “Congress enters the picture [when it] deliberates
is invalid. Fernando vs. St. Scholastica's College, 693 SCRA 141, G.R. No. 161107 March 12, 2013 or acts on the budget proposals of the President. Thereafter, Congress, “in the exercise of its
own judgment and wisdom, formulates an appropriation act precisely following the process
established by the Constitution, which specifies that no money may be paid from the Treasury
Belgica vs. Ochoa, Jr., 710 SCRA 1, G.R. No. 208566 November 19, 2013 except in accordance with an appropriation made by law.” Upon approval and passage of the
GAA, Congress’ law-making role necessarily comes to an end and from there the Executive’s
role of implementing the national budget begins. So as not to blur the constitutional
boundaries between them, Congress must “not concern itself with details for implementation
Same; Separation of Powers; The principle of separation of powers refers to the constitutional by the Executive.” The foregoing cardinal postulates were definitively enunciated in Abakada
demarcation of the three fundamental powers of government; To the legislative branch of where the Court held that “[f]rom the moment the law becomes effective, any provision of
government, through Congress, belongs the power to make laws; to the executive branch of law that empowers Congress or any of its members to play any role in the implementation or
government, through the President, belongs the power to enforce laws; and to the judicial enforcement of the law violates the principle of separation of powers and is thus
branch of government, through the Court, belongs the power to interpret laws.―The principle unconstitutional.” It must be clarified, however, that since the restriction only pertains to “any
of separation of powers refers to the constitutional demarcation of the three fundamental role in the implementation or enforcement of the law,” Congress may still exercise its oversight
powers of government. In the celebrated words of Justice Laurel in Angara v. Electoral function which is a mechanism of checks and balances that the Constitution itself allows. But
Commission, 63 Phil. 139 (1936), it means that the “Constitution has blocked out with deft it must be made clear that Congress’ role must be confined to mere oversight. Any post-
strokes and in bold lines, allotment of power to the executive, the legislative and the judicial enactment-measure allowing legislator participation beyond oversight is bereft of any
departments of the government.” To the legislative branch of government, through Congress, constitutional basis and hence, tantamount to impermissible interference and/or assumption
belongs the power to make laws; to the executive branch of government, through the of executive functions.
President, belongs the power to enforce laws; and to the judicial branch of government,
through the Court, belongs the power to interpret laws. Because the three great powers have
been, by constitutional design, ordained in this respect, “[e]ach department of the government
has exclusive cognizance of matters within its jurisdiction, and is supreme within its own Duetsche Bank AG Manila Branch vs. Commissioner of Internal Revenue, 704 SCRA 216, G.R.
sphere.” Thus, “the legislature has no authority to execute or construe the law, the executive No. 188550 August 28, 2013
has no authority to make or construe the law, and the judiciary has no power to make or International Law; Treaties; Pacta Sunt Servanda; The time-honored international principle of
execute the law.” The principle of separation of powers and its concepts of autonomy and pacta sunt servanda demands the performance in good faith of treaty obligations on the part
independence stem from the notion that the powers of government must be divided to avoid of the states that enter into the agreement.―Our Constitution provides for adherence to the
concentration of these powers in any one branch; the division, it is hoped, would avoid any general principles of international law as part of the law of the land. The time-honored
single branch from lording its power over the other branches or the citizenry. To achieve this international principle of pacta sunt servanda demands the performance in good faith of treaty
purpose, the divided power must be wielded by co-equal branches of government that are obligations on the part of the states that enter into the agreement. Every treaty in force is
equally capable of independent action in exercising their respective mandates. Lack of binding upon the parties, and obligations under the treaty must be performed by them in good
independence would result in the inability of one branch of government to check the arbitrary faith. More importantly, treaties have the force and effect of law in this jurisdiction.
or self interest assertions of another or others.

Same; Same; Taxation; Tax treaties are entered into to minimize, if not eliminate the harshness
Same; Same; From the moment the law becomes effective, any provision of law that of international juridical double taxation, which is why they are also known as double tax treaty
empowers Congress or any of its members to play any role in the implementation or or double tax agreements.―Tax treaties are entered into “to reconcile the national fiscal
enforcement of the law violates the principle of separation of powers and is thus
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legislations of the contracting parties and, in turn, help the taxpayer avoid simultaneous Commission on Women (the National Machinery for Gender Equality and Women’s
taxations in two different jurisdictions.” CIR v. S.C. Johnson and Son, Inc., 309 SCRA 37 (1999), Empowerment), violence against women (VAW) is deemed to be closely linked with the
further clarifies that “tax conventions are drafted with a view towards the elimination of unequal power relationship between women and men otherwise known as “gender-based
international juridical double taxation, which is defined as the imposition of comparable taxes violence.” Societal norms and traditions dictate people to think men are the leaders, pursuers,
in two or more states on the same taxpayer in respect of the same subject matter and for providers, and take on dominant roles in society while women are nurturers, men’s
identical periods. The apparent rationale for doing away with double taxation is to encourage companions and supporters, and take on subordinate roles in society. This perception leads to
the free flow of goods and services and the movement of capital, technology and persons men gaining more power over women. With power comes the need to control to retain that
between countries, conditions deemed vital in creating robust and dynamic economies. power. And VAW is a form of men’s expression of controlling women to retain power.
Foreign investments will only thrive in a fairly predictable and reasonable international
investment climate and the protection against double taxation is crucial in creating such a
climate.” Simply put, tax treaties are entered into to minimize, if not eliminate the harshness Same; Same; The enactment of R.A. 9262 aims to address the discrimination brought about by
of international juridical double taxation, which is why they are also known as double tax treaty biases and prejudices against women.—The enactment of R.A. 9262 aims to address the
or double tax agreements. discrimination brought about by biases and prejudices against women. As emphasized by the
CEDAW Committee on the Elimination of Discrimination against Women, addressing or
correcting discrimination through specific measures focused on women does not discriminate
Same; Same; Same; A state that has contracted valid international obligations is bound to make against men. Petitioner’s contention, therefore, that R.A. 9262 is discriminatory and that it is
in its legislations those modifications that may be necessary to ensure the fulfillment of the an “anti-male,” “husband-bashing,” and “hate-men” law deserves scant consideration. As a
obligations undertaken.―“A state that has contracted valid international obligations is bound State Party to the CEDAW, the Philippines bound itself to take all appropriate measures “to
to make in its legislations those modifications that may be necessary to ensure the fulfillment modify the social and cultural patterns of conduct of men and women, with a view to achieving
of the obligations undertaken.” Thus, laws and issuances must ensure that the reliefs granted the elimination of prejudices and customary and all other practices which are based on the
under tax treaties are accorded to the parties entitled thereto. The BIR must not impose idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men
additional requirements that would negate the availment of the reliefs provided for under and women.” Justice Puno correctly pointed out that “(t)he paradigm shift changing the
international agreements. More so, when the RP-Germany Tax Treaty does not provide for any character of domestic violence from a private affair to a public offense will require the
pre-requisite for the availment of the benefits under said agreement. development of a distinct mindset on the part of the police, the prosecution and the judges.”

Garcia vs. Drilon, 699 SCRA 352, G.R. No. 179267 June 25, 2013 Same; Same; The distinction between men and women is germane to the purpose of R.A. 9262,
which is to address violence committed against women and children, spelled out in its
Same; Same; The unequal power relationship between women and men; the fact that women Declaration of Policy.—The distinction between men and women is germane to the purpose
are more likely than men to be victims of violence; and the widespread gender bias and of R.A. 9262, which is to address violence committed against women and children, spelled out
prejudice against women all make for real differences justifying the classification under the in its Declaration of Policy, as follows: SEC. 2. Declaration of Policy.—It is hereby declared that
law.—The unequal power relationship between women and men; the fact that women are the State values the dignity of women and children and guarantees full respect for human
more likely than men to be victims of violence; and the widespread gender bias and prejudice rights. The State also recognizes the need to protect the family and its members particularly
against women all make for real differences justifying the classification under the law. As women and children, from violence and threats to their personal safety and security. Towards
Justice McIntyre succinctly states, “the accommodation of differences ... is the essence of true this end, the State shall exert efforts to address violence committed against women and
equality.” children in keeping with the fundamental freedoms guaranteed under the Constitution and
the provisions of the Universal Declaration of Human Rights, the Convention on the Elimination
of All Forms of Discrimination Against Women, Convention on the Rights of the Child and other
Same; Same; Gender-Based Violence; According to the Philippine Commission on Women (the international human rights instruments of which the Philippines is a party.
National Machinery for Gender Equality and Women’s Empowerment), violence against
women (VAW) is deemed to be closely linked with the unequal power relationship between
women and men otherwise known as “gender-based violence.”—According to the Philippine

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Same; Same; The application of R.A. 9262 is not limited to the existing conditions when it was marriage is one entered into solely for the legitimization of a child. Another is for immigration
promulgated, but to future conditions as well, for as long as the safety and security of women purposes.―The institution of marriage carries with it concomitant benefits. This has led to the
and their children are threatened by violence and abuse.—The application of R.A. 9262 is not development of marriage fraud for the sole purpose of availing of particular benefits. In the
limited to the existing conditions when it was promulgated, but to future conditions as well, United States, marriages where a couple marries only to achieve a particular purpose or
for as long as the safety and security of women and their children are threatened by violence acquire specific benefits, have been referred to as “limited purpose” marriages. A common
and abuse. R.A. 9262 applies equally to all women and children who suffer violence and abuse. limited purpose marriage is one entered into solely for the legitimization of a child. Another,
Garcia vs. Drilon, 699 SCRA 352, G.R. No. 179267 June 25, 2013 which is the subject of the present case, is for immigration purposes. Immigration law is usually
concerned with the intention of the couple at the time of their marriage, and it attempts to
filter out those who use marriage solely to achieve immigration status.
Oposa vs. Factoran, Jr., 224 SCRA 792, G.R. No. 101083 July 30, 1993

Constitutional Law; The complaint focuses on one specific fundamental legal right; The right Same; Same; Same; A “marriage is a sham if the bride and groom did not intend to establish a
to a balanced and healthful ecology.—The complaint focuses on one specific fundamental legal life together at the time they were married.”―In 1975, the seminal case of Bark v. Immigration
right—the right to a balanced and healthful ecology which, for the first time in our nation’s and Naturalization Service, established the principal test for determining the presence of
constitutional history, is solemnly incorporated in the fundamental law. marriage fraud in immigration cases. It ruled that a “marriage is a sham if the bride and groom
Same; Same; The right to a balanced and healthful ecology carries with it the correlative duty did not intend to establish a life together at the time they were married.” This standard was
to refrain from impairing the environment.—The right to a balanced and healthful ecology modified with the passage of the Immigration Marriage Fraud Amendment of 1986 (IMFA),
carries with it the correlative duty to refrain from impairing the environment. which now requires the couple to instead demonstrate that the marriage was not “entered
into for the purpose of evading the immigration laws of the United States.” The focus, thus,
Same; Same; The right of the petitioners to a balanced and healthful ecology is as clear as the shifted from determining the intention to establish a life together, to determining the intention
DENR’s duty to protect and advance the said right.—Thus, the right of the petitioners (and all of evading immigration laws. It must be noted, however, that this standard is used purely for
those they represent) to a balanced and healthful ecology is as clear as the DENR’s duty— immigration purposes and, therefore, does not purport to rule on the legal validity or existence
under its mandate and by virtue of its powers and functions under E.O. No. 192 and the of a marriage.
Administrative Code of 1987—to protect and advance the said right.

Same; Same; Same; Under Article 2 of the Family Code, for consent to be valid, it must be (1)
Republic vs. Albios, 707 SCRA 584, G.R. No. 198780 October 16, 2013 freely given and (2) made in the presence of a solemnizing officer.―Under Article 2 of the
Family Code, consent is an essential requisite of marriage. Article 4 of the same Code provides
that the absence of any essential requisite shall render a marriage void ab initio. Under said
Same; Same; No less than our Constitution declares that marriage, as an inviolable social Article 2, for consent to be valid, it must be (1) freely given and (2) made in the presence of a
institution, is the foundation of the family and shall be protected by the State; The Supreme solemnizing officer. A “freely given” consent requires that the contracting parties willingly and
Court cannot leave the impression that marriage may easily be entered into when it suits the deliberately enter into the marriage. Consent must be real in the sense that it is not vitiated
needs of the parties, and just as easily nullified when no longer needed.―No less than our nor rendered defective by any of the vices of consent under Articles 45 and 46 of the Family
Constitution declares that marriage, as an inviolable social institution, is the foundation of the Code, such as fraud, force, intimidation, and undue influence. Consent must also be conscious
family and shall be protected by the State. It must, therefore, be safeguarded from the whims or intelligent, in that the parties must be capable of intelligently understanding the nature of,
and caprices of the contracting parties. This Court cannot leave the impression that marriage and both the beneficial or unfavorable consequences of their act. Their understanding should
may easily be entered into when it suits the needs of the parties, and just as easily nullified not be affected by insanity, intoxication, drugs, or hypnotism.
when no longer needed.

Civil Law; Marriages; “Limited Purpose” Marriages; Words and Phrases; In the United States,
marriages where a couple marries only to achieve a particular purpose or acquire specific
benefits, have been referred to as “limited purpose” marriages. A common limited purpose

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Imbong vs. Ochoa Jr., 721 SCRA 146, G.R. No. 207563 April 8, 2014

Reproductive Health Law; The use of contraceptives and family planning methods in the Same; Same; Contraceptives; The Framers of the Constitution did not intend to ban all
Philippines is not of recent vintage.—As expounded earlier, the use of contraceptives and contraceptives for being unconstitutional; Contraceptives that kill or destroy the fertilized
family planning methods in the Philippines is not of recent vintage. From the enactment of R.A. ovum should be deemed an abortive and thus prohibited. Conversely, contraceptives that
No. 4729, entitled “An Act To Regulate The Sale, Dispensation, and/or Distribution of actually prevent the union of the male sperm and the female ovum, and those that similarly
Contraceptive Drugs and Devices” on June 18, 1966, prescribing rules on contraceptive drugs take action prior to fertilization should be deemed non-abortive, and thus, constitutionally
and devices which prevent fertilization, to the promotion of male vasectomy and tubal ligation, permissible.—The Framers of the Constitution did not intend to ban all contraceptives for
and the ratification of numerous international agreements, the country has long recognized being unconstitutional. In fact, Commissioner Bernardo Villegas, spearheading the need to
the need to promote population control through the use of contraceptives in order to achieve have a constitutional provision on the right to life, recognized that the determination of
long-term economic development. Through the years, however, the use of contraceptives and whether a contraceptive device is an abortifacient is a question of fact which should be left to
other family planning methods evolved from being a component of demographic the courts to decide on based on established evidence. From the discussions above,
management, to one centered on the promotion of public health, particularly, reproductive contraceptives that kill or destroy the fertilized ovum should be deemed an abortive and thus
health. prohibited. Conversely, contraceptives that actually prevent the union of the male sperm and
the female ovum, and those that similarly take action prior to fertilization should be deemed
Same; Life begins at fertilization.—The ponente, is of the strong view that life begins at non-abortive, and thus, constitutionally permissible.
fertilization. In answering the question of when life begins, focus should be made on the
particular phrase of Section 12 which reads: Section 12. The State recognizes the sanctity of
family life and shall protect and strengthen the family as a basic autonomous social institution.
It shall equally protect the life of the mother and the life of the unborn from conception. The Same; Same; Same; Doctrine of Benevolent Neutrality; In case of conflict between the free
natural and primary right and duty of parents in the rearing of the youth for civic efficiency exercise clause and the State, the Supreme Court adheres to the doctrine of benevolent
and the development of moral character shall receive the support of the Government. neutrality.—In case of conflict between the free exercise clause and the State, the Court
Textually, the Constitution affords protection to the unborn from conception. This is adheres to the doctrine of benevolent neutrality. This has been clearly decided by the Court in
undisputable because before conception, there is no unborn to speak of. For said reason, it is Estrada v. Escritor, 492 SCRA 1 (2006), (Escritor) where it was stated “that benevolent
no surprise that the Constitution is mute as to any proscription prior to conception or when neutrality-accom-modation, whether mandatory or permissive, is the spirit, intent and
life begins. The problem has arisen because, amazingly, there are quarters who have framework underlying the Philippine Constitution.” In the same case, it was further explained
conveniently disregarded the scientific fact that conception is reckoned from fertilization. They that: The benevolent neutrality theory believes that with respect to these governmental
are waving the view that life begins at implantation. Hence, the issue of when life begins. In a actions, accommodation of religion may be allowed, not to promote the government’s favored
nutshell, those opposing the RH Law contend that conception is synonymous with form of religion, but to allow individuals and groups to exercise their religion without
“fertilization” of the female ovum by the male sperm. On the other side of the spectrum are hindrance. “The purpose of accommodation is to remove a burden on, or facilitate the exercise
those who assert that conception refers to the “implantation” of the fertilized ovum in the of, a person’s or institution’s religion.” “What is sought under the theory of accommodation is
uterus. not a declaration of unconstitutionality of a facially neutral law, but an exemption from its
application or its ‘burdensome effect,’ whether by the legislature or the courts.” In ascertaining
the limits of the exercise of religious freedom, the compelling state interest test is proper.
Underlying the compelling state interest test is the notion that free exercise is a fundamental
Same; Constitutional Law; Equal Protection of the Laws; It is apparent that the Framers of the right and that laws burdening it should be subject to strict scrutiny.
Constitution emphasized that the State shall provide equal protection to both the mother and
the unborn child from the earliest opportunity of life, that is, upon fertilization or upon the
union of the male sperm and the female ovum.—It is apparent that the Framers of the
Constitution emphasized that the State shall provide equal protection to both the mother and Same; Same; Compelling State Interest; The State cannot, without a compelling state interest,
the unborn child from the earliest opportunity of life, that is, upon fertilization or upon the take over the role of parents in the care and custody of a minor child, whether or not the latter
union of the male sperm and the female ovum. It is also apparent is that the Framers of the is already a parent or has had a miscarriage. Only a compelling state interest can justify a state
Constitution intended that to prohibit Congress from enacting measures that would allow it substitution of their parental authority.—To insist on a rule that interferes with the right of
determine when life begins. parents to exercise parental control over their minor-child or the right of the spouses to

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mutually decide on matters which very well affect the very purpose of marriage, that is, the Same; Same; Same; Same; Law of general application should apply with equal force to Lesbian,
establishment of conjugal and family life, would result in the violation of one’s privacy with Gay, Bisexual and Transgender (LGBTs), and they deserve to participate in the party-list system
respect to his family. It would be dismissive of the unique and strongly-held Filipino tradition on the same basis as other marginalized and under-represented sectors.—From the standpoint
of maintaining close family ties and violative of the recognition that the State affords couples of the political process, the lesbian, gay, bisexual, and transgender have the same interest in
entering into the special contract of marriage to as one unit in forming the foundation of the participating in the party-list system on the same basis as other political parties similarly
family and society. The State cannot, without a compelling state interest, take over the role of situated. State intrusion in this case is equally burdensome. Hence, laws of general application
parents in the care and custody of a minor child, whether or not the latter is already a parent should apply with equal force to LGBTs, and they deserve to participate in the party-list system
or has had a miscarriage. Only a compelling state interest can justify a state substitution of on the same basis as other marginalized and under-represented sectors.
their parental authority.
Same; Party-List System; Equal Protection Clause; The principle of non-discrimination requires
Same; Same; Right to Life; No person should be denied the appropriate medical care urgently that laws of general application relating to elections be applied equally to all persons,
needed to preserve the primordial right, that is, the right to life.—As in the case of the regardless of sexual orientation.—The principle of non-discrimination requires that laws of
conscientious objector, an exception must be made in life-threatening cases that require the general application relating to elections be applied equally to all persons, regardless of sexual
performance of emergency procedures. In such cases, the life of the minor who has already orientation. Although sexual orientation is not specifically enumerated as a status or ratio for
suffered a miscarriage and that of the spouse should not be put at grave risk simply for lack of discrimination in Article 26 of the ICCPR, the ICCPR Human Rights Committee has opined that
consent. It should be emphasized that no person should be denied the appropriate medical the reference to “sex” in Article 26 should be construed to include “sexual orientation.”
care urgently needed to preserve the primordial right, that is, the right to life. In this Additionally, a variety of United Nations bodies have declared discrimination on the basis of
connection, the second sentence of Section 23(a)(2)(ii) should be struck down. By effectively sexual orientation to be prohibited under various international agreements. Ang Ladlad LGBT
limiting the requirement of parental consent to “only in elective surgical procedures,” it denies Party vs. Commission on Elections, 618 SCRA 32, G.R. No. 190582<br/> April 8, 2010
the parents their right of parental authority in cases where what is involved are “non-surgical
procedures.” Save for the two exceptions discussed above, and in the case of an abused child
as provided in the first sentence of Section 23(a)(2)(ii), the parents should not be deprived of Limbona vs. Mangelin, 170 SCRA 786, G.R. No. 80391 February 28, 1989
their constitutional right of parental authority. To deny them of this right would be an affront
to the constitutional mandate to protect and strengthen the family. Constitutional Law; Due Process in Administrative Proceedings; Access to Judicial Remedies;
No one may be punished for seeking redress in the courts, unless the recourse amounts to
malicious prosecution.—In the second place, the resolution appears strongly to be a bare act
Ang Ladlad LGBT Party vs. Commission on Elections, 618 SCRA 32, G.R. No. 190582 April 8, of vendetta by the other Assemblyman against the petitioner arising from what the former
2010 perceive to be obduracy on the part of the latter. Indeed, it (the resolution) speaks of “a case
[having been filed] [by the petitioner] before the Supreme Court . . . on question which should
Constitutional Law; Election Law; Party-List System; Equal Protection Clause; Recent have been resolved within the confines of the Assembly—an act which some members claimed
jurisprudence has affirmed that if a law neither burdens a fundamental right nor targets a unnecessarily and unduly assails their integrity and character as representative of the people,”
suspect class, the Supreme Court will uphold the classification as long as it bears a rational an act that cannot possibly justify expulsion. Access to judicial remedies is guaranteed by the
relationship to some legitimate government end.—Recent jurisprudence has affirmed that if a Constitution, and, unless the recourse amounts to malicious prosecution, no one may be
law neither burdens a fundamental right nor targets a suspect class, we will uphold the punished for seeking redress in the courts.
classification as long as it bears a rational relationship to some legitimate government end. In
Central Bank Employees Association, Inc. v. Banko Sentral ng Pilipinas, 446 SCRA 299 (2004),
we declared that “[i]n our jurisdiction, the standard of analysis of equal protection challenges Same; Autonomous Regions; Administrative Law; The autonomous governments of Mindanao
x x x have followed the ‘rational basis’ test, coupled with a deferential attitude to legislative are subject to the jurisdiction of our national courts.—An examination of the very Presidential
classifications and a reluctance to invalidate a law unless there is a showing of a clear and Decree creating the autonomous governments of Mindanao persuades us that they were
unequivocal breach of the Constitution.” never meant to exercise autonomy in the second sense, that is, in which the central
government commits an act of self-immolation. Presidential Decree No. 1618, in the first place,
mandates that “[t]he President shall have the power of general supervision and control over
Autonomous Regions.” In the second place, the Sangguniang Pampook, their legislative arm,
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is made to discharge chiefly administrative services. x x x Hence, we assume jurisdiction. And
if we can make an inquiry in the validity of the expulsion in question, with more reason can we
review the petitioner’s removal as Speaker.

Same; Same; Same; Decentralization; Autonomy is either decentralization of administration or

decentralization of power.—Now, autonomy is either decentralization of administration or
decentralization of power. There is decentralization of administration when the central
government delegates administrative powers to political subdivision in order to broaden the
base of government power and in the process to make local governments “more responsive
and accountable,” and “ensure their fullest development as self-reliant communities and make
them more effective partners in the pursuit of national development and social progress.” At
the same time, it relieves the central government of the burden of managing local affairs and
enables it to concentrate on national concerns. The President exercises “general supervision”
over them, but only to “ensure that local affairs are administered according to law.” He has no
control over their acts in the sense that he can substitute their judgments with his own.

Same; Same; Same; Same; Same; Decentralization of power involves an abdication of political
power in favor of local government units declared to be autonomous.—Decentralization of
power, on the other hand, involves an abdication of political power in favor of local
government units declared to be autonomous. In that case, the autonomous government is
free to chart its own destiny and shape its future with minimum intervention from central
authorities. According to a constitutional author, decentralization of power amounts to “self-
immolation,” since in that event, the autonomous government becomes accountable not to
the central authorities but to its constituency.

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