Republic of the Philippines

SUPREME COURT
Manila
G.R. No. L-6355-56 August 31, 1953
PASTOR M. ENDENCIA and FERNANDO JUGO, Plaintiffs- Apelles
V.S
SATURNINO DAVID, as Collector of Internal Revenue, defendant Appellant
FACTS:
1. This is a joint appeal from the decision of the Court of first Instance of Manila
declaring section 13 of Republic act No. 590 unconstitutional
2. This is to order the Appellant SATURNINO DAVID as Collector of the Internal
Revenue to Refund to JUSTICE PASTOR M. ENDENCIA the Sum of P 1,744.45
representing the income tax collected on his salary as Associate Justice of the
Court of Appeals in 1951, and to JUSTICE FERNANDO JUGO the amount P
2345.46 , representing income tax collected on his salary from January 1,
1950 to October 19, 1950 as Presiding Justice of the Court of Appeals and
from October 20, 1950 to December 31, 1950 as Associate Justice of the
Supreme Court.
3. In the lower court headed by the presiding JUDGE HIGINIO B. MACARAEG,
citing the case of PERFECTO vs. MEER 85 Phil. 552 which was considered
similar to the above mentioned case held that the collection of income
taxes from the salaries from JUSTICE JUGO and JUSTICE ENDENCIA
was a diminution of their salaries therefore violating the Constitution of the
Philippines. (In reference to that, Article VIII Section 590 states that Supreme
Court and all judges of the Inferior court shall receive compensation
as may be fixed by the law, which shall not be diminished in the
continuance of their office. Until the congress shall provide otherwise.)
4. The Congress did not received favorably the decision because immediately
after its promulgation , Congress enacted Republic act 590 wherein its
provision in Section 13 states that No Salary wherever received by any
public officer of the Philippines shall be considered exempt from income tax
payment of which is declared not to be a diminution
of his
compensation fixed by the constitution of the law

ISSUE:
1. Can Republic Act no. 590 particularly Section 13 justify and legalize the
collection of income tax on the salary of the Judicial Officers?

2. Can the Congress validly interpret and declare the collection of the income
tax , bnot a decrease of their salary

HELD:
1. The Supreme Court stated that the judicial officers shall be exempted from
the collection of their income tax on their salaries because the collection
thereof is a diminution of their salaries and is considered unconstitutional.
Ratio Decidendi:
1. Reviewing the fundamental principles of SEPARATION of POWERS the
Legislative department is assigned the power to make and enact laws. The
Executive department of charged with the execution of carrying out the
provisions of the said laws, but the interpretation and application of the said
law belong exclusively to the judicial department.
2. Defining the law is a judicial function and the legislative branch may not
limit or restrict the power granted to the courts by the constitution.