Tio v. Videogram Regulatory Commission: KMDB - 1

Tio v.
Videogram Regulatory Commission

G.R. No. L-75697 | Melencio-Herrera, J. | June 18, 1987
One Subject Rule
DOCTRINE: Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title
thereof.
RELEVANT FACTS
Petitioner Valentin Tio is a videogram establishment operator. This petition was filed on September 1, 1986
by petitioner on his own behalf and purportedly on behalf of other videogram operators adversely affected. It assails
the constitutionality of Presidential Decree No. 1987 entitled "An Act Creating the Videogram Regulatory Board"
with broad powers to regulate and supervise the videogram industry (hereinafter briefly referred to as the BOARD).
P.D. No. 1987 provides for the levy of a tax over each cassette sold (Sec. 134) and a 30% tax on the gross
receipts of a videogram establishment, payable to the local government (Sec. 10). The rationale for this decree is set
forth in its preamble or whereas clauses to wit:
1. WHEREAS, the proliferation and unregulated circulation of videograms including, among others,
videotapes, discs, cassettes ... have greatly prejudiced the operations of moviehouses and
theaters, and have caused a sharp decline in theatrical attendance by at least forty percent (40%)
and a tremendous drop in the collection of [taxes] thereby resulting in substantial losses estimated
at P450 Million annually in government revenues;
2. WHEREAS, videogram(s) establishments collectively earn around P600 Million per annum from
rentals, sales and disposition of videograms, and such earnings have not been subjected to tax,
thereby depriving the Government of approximately P180 Million in taxes each year;
3. WHEREAS, the unregulated activities of videogram establishments have also affected the
viability of the movie industry, ...;
5. WHEREAS, proper taxation of the activities of videogram establishments will not only alleviate
the dire financial condition of the movie industry ..., but also provide an additional source of
revenue for the Government, and at the same time rationalize the heretofore uncontrolled
distribution of videograms;
6. WHEREAS, the rampant and unregulated showing of obscene videogram features constitutes a
clear and present danger to the moral and spiritual well-being of the youth [READ: PORN], and
impairs the mandate of the Constitution for the State to support the rearing of the youth for civic
efficiency and the development of moral character and promote their physical, intellectual, and
social well-being;
8. WHEREAS, in the face of these grave emergencies corroding the moral values of the people
[AGAIN, READ: PORN] and betraying the national economic recovery program, bold emergency
measures must be adopted with dispatch; (emphasis supplied and certain passages omitted)
ISSUE
Whether or not the imposition of the 30% tax is a rider and the same is not germane to the subject matter
of the law. -NO
KMDB | 1
RATIO DECIDENDI
The Constitutional requirement that "every bill shall embrace only one subject which shall be expressed in
the title thereof" is sufficiently complied with if the title be comprehensive enough to include the general purpose
which a statute seeks to achieve. It is not necessary that the title express each and every end that the statute wishes
to accomplish. The requirement is satisfied if all the parts of the statute are related, and are germane to the subject
matter expressed in the title, or as long as they are not inconsistent with or foreign to the general subject and title.
An act having a single general subject, indicated in the title, may contain any number of provisions, no matter how
diverse they may be, so long as they are not inconsistent with or foreign to the general subject, and may be considered
in furtherance of such subject by providing for the method and means of carrying out the general object." The rule
also is that the constitutional requirement as to the title of a bill should not be so narrowly construed as to cripple or
impede the power of legislation. It should be given practical rather than technical construction.
Tested by the foregoing criteria, petitioner's contention that the tax provision of the DECREE is a rider is
without merit. That section reads, inter alia:
Section 10. Tax on Sale, Lease or Disposition of Videograms. — Notwithstanding any provision of law
to the contrary, the province shall collect a tax of thirty percent (30%) of the purchase price or rental
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 acrrue 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 foregoing provision is allied and germane to, and is reasonably necessary for the accomplishment of, the
general object of the DECREE, which is the regulation of the video industry through the Videogram Regulatory Board
as expressed in its title. The tax provision is not inconsistent with, nor foreign to that general subject and title. As a
tool for regulation, it is simply one of the regulatory and control mechanisms scattered throughout the DECREE. The
express purpose of the DECREE to include taxation of the video industry in order to regulate and rationalize the
heretofore uncontrolled distribution of videograms is evident from Preambles 2 and 5, supra. At the same time, the
videogram industry is also an untapped source of revenue which the government may validly tax.
The levy of the 30% tax is also 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 pornographic video tapes. And while it was also an objective of the law to
protect the movie industry, the tax remains a valid imposition.
Those preambles explain the motives of the lawmaker in presenting the measure. The title of the DECREE,
which is the creation of the Videogram Regulatory Board, is comprehensive enough to include the purposes
expressed in its Preamble and reasonably covers all its provisions. It is unnecessary to express all those objectives in
the title or that the latter be an index to the body of the DECREE.
RULING
WHEREFORE, the instant petition is DISMISSED. No costs.
SO ORDERED.
Teehankee, (C.J.), Yap, Fernan, Narvasa, Gutierrez, Jr., Cruz, Paras, Feliciano, Gancayco, Padilla, Bidin, Sarmiento and
Cortes, JJ., concur.
KMDB | 2

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