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CONSTITUTIONAL LAW 1
First Semester Cases
Digested by:
TABLE OF CONTENTS
Separation of Powers
Delegation of Powers
Tanya Lynne M. Diestro 5. Tablarin vs. Gutierrez 152 SCRA 730
6. Pelaez vs. Auditor General 15 SCRA 569
7. Pacific Steam Laundry Inc. vs. Laguna
Lake Development Authority, Dec. 18, 2009
A corollary, both dictated by logic and sound sense from a basic concept is that
public funds cannot be the object of a garnishment proceeding even if the consent to be
sued had been previously granted and the state liability adjudged. The universal rule that
where the State gives its consent to be sued by private parties either by general or special
law, it may limit claimant's action 'only up to the completion of proceedings anterior to the
stage of execution' and that the power of the Courts ends when the judgment is rendered,
since government funds and properties may not be seized under writs of execution or
garnishment to satisfy such judgments, is based on obvious considerations of public
policy. Disbursements of public funds must be covered by the corresponding
appropriation as required by law. The functions and public services rendered by the State
cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their
legitimate and specific objects, as appropriated by law.
Lasco v. URENRE, 241 SCRA 681
Facts:
This is a petition for certiorari under Rule 65 of the Revised Rules of Court to set
aside the Resolution dated January 25, 1993 of the National Labor Relations Commission
(NLRC), Fifth Division, Cagayan de Oro City.
Petitioners were dismissed from their employment with private respondent, the
United Nations Revolving Fund for Natural Resources Exploration (UNRFNRE), which is
a special fund and subsidiary organ of the United Nations. The UNRFNRE is involved in
a joint project of the Philippine Government and the United Nations for exploration work
in Dinagat Island. Petitioners are the complainants in NLRC Cases for illegal dismissal
and damages.
In its Motion to Dismiss, private respondent alleged that respondent Labor Arbiter
had no jurisdiction over its personality since it enjoyed diplomatic immunity pursuant to
the 1946 Convention on the Privileges and Immunities of the United Nations. In support
thereof, private respondent attached a letter from the Department of Foreign Affairs dated
August 26, 1991, which acknowledged its immunity from suit. The letter confirmed that
private respondent, being a special fund administered by the United Nations, was covered
by the 1946 Convention on the Privileges and Immunities of the United Nations of which
the Philippine Government was an original signatory
Petitioners argued that the acts of mining exploration and exploitation are outside
the official functions of an international agency protected by diplomatic immunity. Even
assuming that private respondent was entitled to diplomatic immunity, petitioners insisted
that private respondent waived it when it engaged in exploration work and entered into a
contract of employment with petitioners.
Issue:
This is an original petition for certiorari and prohibition, with a prayer for the
issuance of a restraining order, to set aside the order of respondent labor arbiter, dated
20 September 1990, denying herein petitioner's motion to dismiss the cases subject
matter of the petition for lack of jurisdiction.
Two labor cases were filed by the herein private respondents against the petitioner,
Southeast Asian Fisheries Development Center (SEAFDEC), before the National Labor
Relations Commission (NLRC), Regional Arbitration Branch, Iloilo City. In these cases,
the private respondents claim having been wrongfully terminated from their employment
by the petitioner.
The Court ruled for the petitioner. It is beyond question that petitioner SEAFDEC
is an international agency enjoying diplomatic immunity. It has already been held in
Southeast Asian Fisheries Development Center-Aquaculture Department vs. National
Labor Relations Commission (G.R. No. 86773, 206 SCRA 283/1992). Petitioner
Southeast Asian Fisheries Development Center-Aquaculture Department (SEAFDEC-
AQD) is an international agency beyond the jurisdiction of public respondent NLRC.
Being an intergovernmental organization, SEAFDEC including its Departments
(AQD), enjoys functional independence and freedom from control of the state in whose
territory its office is located. One of the basic immunities of an international organization
is immunity from local jurisdiction, i.e., that it is immune from the legal writs and processes
issued by the tribunals of the country where it is found. The obvious reason for this is that
the subjection of such an organization to the authority of the local courts would afford a
convenient medium thru which the host government may interfere in their operations or
even influence or control its policies and decisions of the organization; besides, such
objection to local jurisdiction would impair the capacity of such body to discharge its
responsibilities impartially on behalf of its member-states.
SEPARATION OF POWERS
FACTS:
Republic Act No. 1180 entitled An Act to Regulate the Retail Business, prohibiting
in general aliens to engage in retail and trade in our country, which was enacted by The
Congress of The Philippines and is an act which nationalizes the retail and trade business.
ISSUE:
RULING:
The UN Charter imposes no strict or legal obligations regarding the rights and
freedom of their subjects, and the Declaration of Human Rights contains nothing more
than a mere recommendation, or a common standard of achievement for all peoples and
all nations.
The treaty of Amity between the Republic of the Philippines and the Republic of
China guarantees equality of treatment to the Chinese nationals upon the same terms
as the nationals of any other country. But the nationals of China are not discriminated
against because nationals of all other countries, except those of the United States, who
are granted special rights by the Constitution, are all prohibited from engaging in the retail
trade.
But even supposing that the law infringes upon the said treaty, the treaty is always
subject to qualification or amendment by a subsequent law, and the same may never
curtail or restrict the scope of the police power of the State.
FACTS:
It is argued that when there is a conflict between a treaty and a statute, then the
conflict must be resolved in favor of which is the latest in point of time. (in this case the
treaty is the latest one)
ISSUE:
1. What is the nature of the government contracts with Vietnam and Burma?
2. Which should prevail, the contracts of RA 3452?
RULING:
Under the Constitution, the main function of the Executive is to enforce the laws
enacted by Congress. He may not defeat legislative enactments by indirectly repealing
the same through an executive agreement providing for the performance of the very act
prohibited by said laws, Although the President may enter into executive agreement
without previous legislative authority, he may not, by executive agreement, enter into a
transaction which is prohibited by statutes enacted prior thereto.
Supreme Court also has jurisdiction over the case and The Constitution authorizes
the nullification of a treaty not only when there is conflict with the fundamental law, but
also when it runs counter with Congress.
FACTS:
Arturo E. Garcia without submitting to the required bar examinations applies for
the admission to the practice of law in the Philippines. In his verified petition, he avers,
among others, that he is a Filipino Citizen born in Bacolod, of Filipino parentage; that he
had taken and finished in Spain the course of Bachillerato Superior; that he was
approved, selected and qualified by the instituto de Cervantes for admission to the
Central University of Madrid where he studied and finished the law course graduating as
Licenciado en derecho; and thereafter he was allowed in Spain to practice the law
profession, and that under provisions of the Treaty on Academic decrees and the
Exercise of Profession between Spain and The Republic of the Philippines, he is entitled
to the practice of the law profession in the Philippines without submitting to the required
bar examinations.
ISSUE:
1. Whether or not the treaty can modify regulations governing admission to the
Philippine Bar?
RULING:
The aforementioned Treaty, between Spain and the Republic of The Philippines
concluded that it could not have been intended to modify the laws and regulations
governing admission to the practice of law in the Philippines, for the reason is that the
Executive Department may not encroach upon the constitutional prerogative of the
Supreme Court to promulgate rules for admission to the practice of law in the Philippines,
the power to alter, repeal, or supplement such rules are reserved only to the Congress of
the Philippines.
SEPARATION OF POWERS
After the general elections held on November 1955, the Senate was mainly comprised of
the members of the Nacionalista Party (NP) with Lorenzo M. Taada, President of the
Citizens Party as the lone opposition senator. On the other hand, Diosdado Macapagal
is a Liberal Party (LP) candidate with a pending electoral protest before the Senate
Electoral Tribunal (SET).
ISSUE:
RULING:
No. The Supreme Court ruled that it is a justiciable question. The Court further ruled that
it is within its jurisdiction and duty to consider and determine the issue raised. SC stated
that while a political question connotes a question of policy, to be decided by the people
in their sovereign capacity, such does not apply in the case. The Senate is not clothed
with full discretionary authority in the choice of the members of the Senate Electoral
Tribunal. The exercise of its power is subject to constitutional limitations which is clearly
within the legitimate province of the judicial department to pass judgment upon the validity
of the proceedings in connection therewith.
One department is just as representative as the other, and the judiciary is the department
which is charged with the special duty of determining the limitations which the law places
upon all official action.
Further, the Court ruled that the nomination and election of Senators Cuenco and
Delgado as members of the Senate Electoral Tribunal are null and void ab initio. The
Committee on Rules for the Senate has no valid standing to make such nomination. The
majority party may nominate not more than 3 members of the SET. The nominations for
the 3 seats which should be filled by minority members is exclusively vested in the party
owith the second largest number of votes. No other person or party may nominate these
remaining 3 senators who shall sit in the Senate Electoral Tribunal.
Delegation of Power
FACTS: The petitioners sought admission into colleges or schools of medicine for the
school year 1987-1988. However, either they did not take or did not successfully take the
National Medical Admission Test (NMAT) required by the Board of Medical Education,
one of the public respondents, and administered by the private respondent, the Center
for Educational Measurement (CEM).
The petitioners sought to enjoin the Secretary of Education, Culture, and Sports,
the Board of Medical Education and the Center for Educational Measurement from
enforcing Section 5 (a) and (f) of Republic Act No. 2382, as amended, and MECS Order
No. 52, series of 1985, from requiring the taking and passing of the NMAT as a condition
for securing certificates of eligibility for admission, from proceeding with accepting
applications for taking the NMAT and from administering the NMAT as scheduled on 26
April 1987 and in the future.The trial court denied said petition, and the NMAT was
conducted and administered as previously scheduled.
One of the basic objectives of Republic Act. No. 2383, as amended by Republic
Acts Nos. 4224 and 5946, known as the Medical Act of 1959, was to standardize and
regulate medical education. The Statute, among other things, created a Board of Medical
Education. Section 5 of the Statute specified its functions, among other things, to (a)
determine and prescribe requirements for admission into a recognized college of
medicine; and (f) to accept applications for certification for admission to a medical school
and keep a register of those issued said certificate; and to collect from said applicants the
amount of twenty-five pesos each which shall accrue to the operating fund of the Board
of Medical Education. Section 7 of the same statute prescribes certain minimum
requirements for applicants to medical schools, one of which is a certificate of eligibility
for entrance to a medical school from the Board of Medical Education. MECS Order No.
52, s. 1985 issued by then Minister of Education, Culture and Sports, established a
uniform admission test called the National Medical Admission Test (NMAT) as an
additional requirement for issuance of a certificate of eligibility for admission into medical
schools of the Philippines, beginning with the school year 1986-1987.
Pursuant to MECS Order No. 52, s. 1985, the private respondent Center
conducted NMATs for entrance to medical colleges during the school year 1986-1987
and in April 1987.
The fundamental issue if the constitutionality of the statute or order assailed.
Petitioners had made the argument that Sec. 5 (a) and (f) of R.A. No. 2382, as amended,
offend against the constitutional principle which forbids the undue delegation of legislative
power, by failing to establish the necessary standard to be followed by the delegate, the
Board of Medical Education.
ISSUE: Whether or not there exists a sufficient standard to be follow by the Board of
Medical Education
RULING: Yes. The standards set for subordinate legislation in the exercise of rule making
authority by an administrative agency like the Board of Medical Education are necessarily
broad and highly abstract. As explained by then Mr. Justice Fernando in Edu vs. Ericta:
The standard may be either expressed or implied. If the former, the non-
delegation objection is easily met. The standard though does not have to be spelled out
specifically. It could be implied from the policy and purpose of the act considered as a
whole. In the Reflector Law, clearly the legislative objective is public safety. What is
sought to be attained as in Calalang vs. Williams is safe transit upon the roads.
We believe and so hold that the necessary standards are set forth in Section 1 of the
1959 Medical Act: the standardization and regulation of medical education and in
Section 5 (a) and 7 of the same Act, the body of the statute itself, and that these
considered together are sufficient compliance with the requirements of the non-delegation
principle.
PELAEZ vs. AUDITOR GENERAL 15 SCRA 569
The Court of Appeals held that LLDA has the power to impose fines.
ISSUE: Whether or not the grant of implied power to LLDA to impose penalties violate
the rule on non-delegation of legislative powers
RULING: Petitioner contends that if LLDA is deemed to have implied power to impose
penalties, then LLDA will have unfettered discretion to determine for itself the penalties it
may impose, which will amount to undue delegation of legislative power. However, the
Supreme Court does not agree. LLDAs power to impose fines is not unrestricted. In this
case, LLDA investigated the pollution complaint against petitioner and conducted
wastewater sampling of petitioners effluent. It was only after the investigation result
showing petitioners failure to meet the established water and effluent quality standards
that LLDA imposed a fine against petitioner. LLDA then imposed upon petitioner a penalty
of P1,000 per day of discharging pollutive wastewater. The P1,000 penalty per day is in
accordance with the amount of penalty prescribed under PD 984.
Wherefore, we deny the petition. We affirm the decision dated 30 June 2004 and
the Resolution dated 8 September 2004 of the Court of Appeals.