Constitutional Law Case Digest Matrix Set 2

Constitutional Constitutional Law Case Digest Matrix Set 2 – Stef Macapagal

EQUAL PROTECTION OF THE LAWS Title Mirasol v. DPWH GR No. 158793 8 June 2006 Carpio, J.

Facts In 1957 1957,, RA 2000 2000 (Lim (Limite ited d Highwa Highways ys Act) Act) was enacte enacted. d. Subsequently, DPWH A dm dmi ni ni st st ra ra titi ve ve O rd rd er er 1 (prohi (prohibit biting ing motorc motorcycl ycles es on limi limite ted d acce access ss high highwa ways ys), ), DPWH DPWH Depart Departmen mentt Order Order 74 (declaring certain portions of the NLEX NLEX and and SLEX SLEX as limite limited d access access facilit facilities ies), ), and DPWH DPWH Department Order 215 (declaring Coastal Road as a limited access facility) were issued.

J am ame s M ir ir as as ol ol , R ic ic h haa rd rd Sa n ntt ia ia g go o, an d t he he L uz uz o on n Motorcyclis Motorcyclists ts Federation Federation,, Inc. soug sought ht to have have the the DPWH DPWH issu issuan ance cess inva invali lida date ted d for for violating RA 2000. Consequently, t he T ol ol l Regu Regula lato tory ry Boar Board d issu issued ed Department Department Order 123, which allowed motorcycles with engine displacemen displacements ts of 400cc inside limited access facilities.

Parreño v. Commission on Audit GR No. 162224 7 June 2007 Carpio, J.

The trial trial court court dismis dismissed sed petiti petition on but declar declared ed DO invalid. Salvador Salvador Parreño served in AFP AFP for for 32 year yearss befo before re reti retire reme ment nt,, afte afterr whic which h received pension payments.

Issue/s W/N Administrative Order 1 is unconstitutional for violating the equal protection clause.

Ruling NO. It is neither warranted nor reasonable to say that the only justifiable justifiable classificatio classification n among mode modess of tran transp spor ortt is the the moto motori rize zed d agai agains nstt the the nonnonmotori motorized zed.. Not all motori motorized zed vehicles are created equal. Real and substantial differences exist between between a motorcycle motorcycle and other forms of transport transport sufficient to justify justify its classificatio classification n among those prohibited from plying the tollways. tollways. The most obvious obvious and troubling troubling difference difference would be that a two-wheeled vehicle is less st ab able and more easi ly ly overturned overturned than a four-wheele four-wheeled d vehi vehicl cle. e. Publ Public ic inte intere rest st and and safety require the imposition of certain certain restrictions restrictions on tollways tollways that that do not apply to ordina ordinary ry roads. As a special kind of road, it is but reasonable that not all forms of transport could use it.

Doctrine/s Classi Classific ficatio ation n by itself itself is not prohibited. It can only be assailed if it is deemed invidious, invidious, that is, if it is not based on substantial differences.

A police power measure may be assailed upon proof that it unduly violates constitutional limitations like like due due proc proces esss and and equa equall protection of the law.

the 123 the his his he

W/N W/N Sect Sectio ion n 27 of PD 1638 1638 NO. Petitioner’s Petitioner’s loss of Filipino Filipino disc discri rimi mina nate tess agai agains nstt AFP AFP c itit iz iz en en sh sh ip ip co ns ns titi tu tu te te s a retirees retirees who have changed changed their subs substan tantia tiall dist distin inct ctio ion n that that nationality. distin distingui guishe shess him from from other other retirees who retain their Filipino Parreño then migrated to Hawaii citizenship citizenship.. A retiree retiree who had and and beca became me a natu natura rali lize zed d lost lost his his Fili Filipi pino no citiz citizen ensh ship ip Amer Americ ican an citi citize zen. n. The The AFP AFP already renounced his allegiance subsequen subsequently tly stopped stopped Parreño’s Parreño’s to the state. state. Thus, Thus, he may no pensi pension, on, in accord accordanc ancee with with longer be compelled by the state Sectio Section n 27 of PD 1638 1638 which which to render render compulsory compulsory military

The constitutional constitutional right to equal equal prote protecti ction on of the laws is not abso absolu lute te but but is subj subjec ectt to reasonable reasonable classification. classification. To be reasonable, the classification (a) Must be based on substantial distinctions which m ake real differences; (b) Must Must be germ germane ane to the the purpose of the law;

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provides that a retiree who loses his Filipi Filipino no citize citizensh nship ip shall shall have have his retire retiremen mentt benefit benefitss terminated. Parreño requested for recons reconside iderat ration ion but the Judge Judge Advoca Advocate te Genera Generall of the AFP denied his petition. Thus, he filed a claim before the COA for the cont contin inua uanc ncee of his his mont monthl hly y pension.

PHILRECA v. DILG Secretary GR No. 143076 10 June 2003 Puno, J.

servic servicee when when the need need arises arises,, which the state may require of not only its private citizens, but also also citize citizens ns who have have retired retired from military service.

(c) (c) Must Must not not be limi limite ted d to exis existin ting g cond condit itio ions ns only; and (d) (d) Must Must appl apply y equal equally ly to each each memb member er of the the class. If the groupings are characterized by substantial substantial distinction distinctionss that make real differences, one class may be treate treated d and regula regulated ted differently from another.

The COA denied Parreño’s claim for for lack lack of juri jurisd sdic icti tion on,, and and advised Parreño to file the case in the proper court. With With the passage passage of PD 269, W/N the difference in treatment NO. The The equa equall prot protec ecti tion on clau clause se elec electri tricc coop cooper erat ativ ives es were were o f e le le ct ct ri ri c co oo o pe pe ra ra titi ve ve s First, First, substa substanti ntial al distin distincti ctions ons under the Constitution means that decr decree eed d to be perm perman anen entl tly y regist registere ered d under under PD 269 and exist between cooperatives under “no person or class of persons persons exempt exempted ed from from income income taxes, taxes, those registered registered under RA 6938 PD 269 and cooperatives under shall shall be depriv deprived ed of the same and and exem exempt pted ed from from payi paying ng constitute a violation of the equal RA 6938. 6938. Cooperative Cooperativess under under p pro rote tect ctio ion n of laws laws whic which h is nation national al or local local govern governmen mentt protection clause. RA 6938 are funded by capital enjoyed by other persons or other taxe taxess unti untill it has has beco become me contributio contributions ns by members members and classes in the same place and in completely free of indebtedness are are envi envisi sion oned ed to be self self-- like like circum circumsta stance nces. s. Thus, Thus, the incurred by borrowing. suff suffic icie ient nt and and inde indepe pend nden entt guaranty guaranty of the equal protection protection orga organi niza zati tion onss with with mini minima mall of the laws is not violated by a From 1971 to 1978, t he he gove govern rnme ment nt inte interv rven entio tion n or l aw aw ba se se d o n r ea eas on on ab ab le le Philippine Philippine government government and the r eg eg ul ul at at io io n. n. In co nt nt ra ra st st , classification. electric cooperatives entered into cooperative cooperativess under PD 269 are 6 loan agreements with USAID govern governmen ment-f t-fund unded, ed, and are to finance finance their electrification electrification larg largel ely y cont contro roll lled ed by the the projects. projects. These obligations obligations still Na Na titi on on al al E le lec tr tr if if ic ic at at io io n exist. Administration to ensure that the loans granted to them would be However, the petitioners contend repaid to the government. that their tax exemptions exemptions were Second, the classification of taxinva invalid lidly ly with withdr draw awn n by the the exempt exempt entities entities in the LGC is passage of the Local Government german germanee to the purpose purpose of the Code. They assail Sections 193 law. The limited and restrictive and 234 for giving different tax natu nature re of the the tax tax exem exempt ptio ion n treatments on electric privi privileg leges es under under the LGC is cooperatives registered under PD consistent with the State policy 269 and those registered registered under to ensure autonomy of LGUs and RA 6938, 6938, thereby thereby violating the the objective of the LGC to grant

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equal equal protec protectio tion n clause clause..

People v. Lacson GR No. 149453 7 October 2003 Callejo, Sr., J.

genuin genuinee and meanin meaningfu gfull autono autonomy my to enable enable LGUs to attain their fullest fullest developme development. nt. The obvious intention of the law is to broade broaden n the tax base of L GU GUs t o assure t he hem of substantial sources of revenue. Finally, Sections 193 and 234 of the the LGC LGC perm permit it reas reason onab able le classifi ca cati on on as these exempt exemption ionss are not limited limited to existi existing ng condit condition ionss and apply apply equally equally to all members members of the same same class. class. Exempt Exemption ionss from from local local taxatio taxation, n, includ including ing real real property property tax, are granted granted to all cooper cooperati atives ves covere covered d by RA 6938 and such exemptions exist for as long as the LGC and the p pro rovi visi sion onss ther therei ein n on loca locall taxation remain good law. In 1999, Judge Agnir W /N /N t he he n on on- re re tr tr oa oa ct ct iv iv e NO NO . T he he i ns ns titi tu tut io ion an nd d The The Stat Statee is entit entitle led d to due due pro provi visi sion onal ally ly dism dismis isse sed d 11 application of the new time-bar prosecution of criminal cases are pro proce cess ss in crim crimin inal al case casess as murder murder cases cases agains againstt Panfilo Panfilo rule would violate the accused’s governed governed by existing existing rules and much as the accused. Lacson Lacson.. In 2000, 2000, the Revise Revised d right to equal protection of the not by rules yet to exist. It would Rules Rules of Crimina Criminall Proced Procedure ure law. be the apex of injustice to hold took effect, Section 8, Rule 117 that Section 8 had a platonic or of which prescribes prescribes a time-bar time-bar ideal ideal existe existence nce before before it was rule of 2 years for the revival of approv approved ed by the Court. Court. As a the prosecution prosecution of cases cases which matt matter er of fact fact,, it woul would d be a were provisionally dismissed. denial of the State’s right to due process process and a travesty travesty of justice In 2001, the case against Lacson for the Court to apply the new was revive revived. d. Lacson Lacson invoke invoked d rule retroactively in the present Sect Sectio ion n 8, Rule Rule 117 117 of the the case as Lacson insists, RRCP RRCP,, stat statin ing g that that the the rule rule consid consideri ering ng that that the crimin criminal al should should also apply retroactive retroactively ly case casess were were prov provis isio iona nall lly y on the basis of being favorable to dismis dismissed sed by Judge Judge Agnir Agnir in the accused. accused. Lacson contended contended 1999 1999 before before the new rule took took that that if the rule rule would would only be effect effect in 2000. 2000. A retroa retroacti ctive ve appl applie ied d pros prospe pect ctiv ivel ely, y, the the application of the time-bar will petitioners would be given more resu result lt in absu absurd rd,, unju unjust st and and than 2 years from the dismissal oppressive oppressive consequences consequences to the of the case to revive the criminal State and to the victims of crimes cases, thus violating his right to and their heirs.

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Beltran v. Secretary of Health GR Nos. 133640, 133640, 133661, 133661, and 139147 25 November 2005 Azcuna, J.

due process and equal protection of the law. RA 7719 7719 (Nat (Natio iona nall Bloo Blood d W/N RA 7719 violates the equal Servic Services es Act) Act) was enacte enacted d in protection clause. 1994 1994,, seek seekin ing g to prov provid idee an adequate supply of safe blood by pro promo moti ting ng volu volunt ntar ary y bloo blood d donation and by regulating blood banks in the country. Section 7 thereof thereof provided provided for the phaseout out of all all comm commer erci cial al bloo blood d banks banks within within 2 years years after after its effectivity. The Act was passed after studies showed showed that blood transfusions transfusions could could lead lead to transm transmiss ission ion of diseases, and that blood sold by perso persons ns to commer commercia ciall blood blood banks are three times more likely to have have bloo blood d tran transf sfus usio ion n transmissible diseases than those dona donate ted d to the the Phil Philip ippi pine ne National Red Cross. Prior Prior to the expirati expiration on of the comm commer erci cial al bloo blood d bank banks’ s’ licens licenses, es, they they filed filed a petitio petition n assailing the constitutionality and valid validity ity of RA 7719 7719 and and its its I mp mpl em em en en titi ng ng R ul ul es es an nd d Regulations Regulations,, for discriminat discriminating ing against free standing blood banks i n a m an an ne ner w hi hi ch ch i s n ot ot germane germane to the purpose of the law.

NO. One, One, RA 7719 7719 is base based d on subs substa tant ntia iall dist distin inct ctio ions ns.. Nonprofit Nonprofit blood banks operate operate for purely humanitarian reasons and as a medica medicall servic service, e, and enco encour urag agee volu volunt ntar ary y bloo blood d donatio donation. n. On the other other hand, hand, commer commercia ciall blood blood banks banks are motiva motivated ted by profit profit and treat treat blood as a sale of commodity. Two, the classificati classification on and the consequent consequent phase-out phase-out of blood banks is germane to the purpose of the law, which is to provide the the nati nation on with with an adeq adequa uate te supply of safe blood by pro promo motin ting g volu volunt ntar ary y bloo blood d donatio donation n and treati treating ng blood blood transfusion as a humanitarian or medica medicall servic servicee rather rather than than a commod commodity ity.. This This necess necessari arily ly invo involv lves es the the phas phasee-ou outt of commercial commercial blood banks banks based on the fact that they operate as a busin business ess enterp enterprise rise,, and they they source source their blood supply from pai paid d bloo blood d dono donors rs who who are are considered unsafe. Three, the Legislature Legislature intended for the general application of the law. Its enactment was not solely to address t he pecul ia iar circumstanc circumstances es of the situation situation nor was it intended to apply only to existing conditions. Four, the law applies equally to all all comm commer erci cial al bloo blood d bank bankss without exception.

Class legislation, legislation, discriminat discriminating ing against some and favoring others is prohibited prohibited;; but classificat classification ion on a reason reasonabl ablee basis basis and not made arbitrarily or capriciously capriciously is permitted.

W/N W/N Sect Sectio ion n 7 of RA 7719 7719 NO. In serving the interest of the constitutes unlawful deprivation public, and to give meaning to of personal liberty and property. the the purp purpos osee of the the law, law, the the

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Dyca Dycaic ico o v. Soci Social al System GR No. 161357 30 November 2005 Callejo, Sr., J.

Secu Securi rity ty

Boni Bonifa faci cio o Dyca Dycaic ico o was was a member member of the SSS, with his common common-la -law w wife wife Elena Elena and their eight children named in his data record as beneficiari beneficiaries. es. In 1989, Bonifacio was considered retired retired and began receiving his monthly pension from the SSS. He married Elena on the same year that he passed away. Shortly Shortly after Bonifacio’s Bonifacio’s death, death, Elen Elenaa file filed d with with the the SSS SSS an appl applic icat atio ion n for for surv surviv ivor or’s ’s pension. However, the same was denied denied on the ground that under Sectio Section n 12-B(d 12-B(d)) of RA 8282 8282 (Social Security Law), she could not be considered considered Bonifacio’s Bonifacio’s primary beneficiary became they were not married “at the time of his retirement.” Elena Elena brough broughtt her case to the Social Social Securi Security ty Commis Commissio sion, n, which still denied her claim.

Legislature deemed it necessary to phase-out phase-out commercial commercial blood banks. This action may seriously affect the owners and operators, as well well as the employ employees ees,, of commer commercia ciall blood blood banks banks but their interests must give way to serve a higher end for the interest of the public. W/N the proviso “as of the date YES. The classification violates of his retirement” in Section 12- the the equa equall prot protec ecti tion on clau clause se B(d) B(d) of RA 8282 8282 violate violatess the because: (1) it is not germane to equal protection and due process t he he purpose of t he he law. clauses of the Constitution. Classifying Classifying dependent dependent spouses spouses with respect to their entitlement entitlement based based on whether the marriage marriage was contracted before or after the retirement retirement of the other spouse, spouse, regardless of the duration of the said marriage, bears no relation to the achievemen achievementt of the police objective objective of the law, which is to “provide “provide meaningful meaningful protection protection to members and their beneficiar beneficiaries ies against against the hazard hazard of disability, sickness, maternity, old old age, age, deat death, h, and and othe other r contingencies resulting in loss of income or financial burden.” (2) it is not not base based d on real real and and substa substanti ntial al distin distinctio ctions. ns. It is arbitrary arbitrary and discriminat discriminatory. ory. It unfa unfair irly ly lump lumpss marr marria iage gess contracted contracted after the member’s member’s retirement as sham relationships or were contracted solely for the purpo purpose se of acquir acquiring ing benefi benefits ts accruing accruing upon the death of the other spouse. The proviso also violates the due process process clause as it outrightly outrightly deprives deprives the surviving surviving spouses spouses whose respective respective marriages marriages to the retired SSS members members were cont contra ract cted ed afte afterr the the latt latter er’s ’s

Genera Generally lly,, a statut statutee based based on reasonable classification does not viol violat atee the the cons consti titu tuti tion onal al guaranty guaranty of the equal protection protection clause of the law. Irrebuttabl Irrebuttablee presumptio presumptions ns have long been disfavored disfavored under the due process clause, as they could presu presume me facts facts which which are not necessarily or universally true.

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Coconut Oil Refiners v. Torres GR No. 132527 29 July 2005 Azcuna, J.

retirem retirement ent of their their surviv survivor’ or’ss b ben enef efits its.. Ther Theree is outri outrigh ghtt confiscation of benefits due such surviving spouses without giving them an opportunity to be heard. T he he pr ov ov is is o cr ea ea te te s t he he pre presu sump mpti tion on that that marr marria iage gess contracted contracted after the members’ members’ retirement date were entered into for for the the purp purpos osee of secu securi ring ng benef benefits its under under RA 8282. 8282. This This p pre resu sump mpti tion on is conc conclu lusi sive ve bec becau ause se the the said said surv surviv ivin ing g spouse spousess are not afford afforded ed any oppo opport rtun unity ity to disp dispro rove ve the the presence presence of the illicit purpose, purpose, thereby also depriving them the opportunity to be heard. In 1992, RA 7227 was passed for W/N EO 97-A (which prescribes NO. Substantial Substantial distinctions distinctions lie The The guar guaran anty ty of the the equa equall the conversion of the Clark and the tax-free tax-free privileges) privileges) violates violates bet betwe ween en the the esta establ blis ishm hmen ents ts prote protecti ction on of the laws is not Subic military reservations reservations into the equal protection clause. inside inside and outsid outsidee the zone, zone, violated by a legislation based on special economic zones. In 1993, justifying justifying the difference difference in their a reasonable classification. t he Bases Convertion treatment. Enterprises outside the Development Authority passed a SEZ maintain maintain their businesses businesses resolution resolution allowing the tax and within the Philippine Philippine territory, territory, duty duty-f -fre reee sale sale at reta retail il of while SEZ enterprises enterprises operate consum consumer er goods goods import imported ed via with within in a sepa separa rate te cust custom omss Clark for consumption consumption outside territory. To grant the same tax the the Clar Clark k Spec Specia iall Econ Econom omic ic incentives incentives given given to enterprises enterprises Zone. Zone. Subseq Subsequen uently tly,, severa severall within the zones to businesses businesses Execut Executive ive Orders Orders allowe allowed d the oper operat atin ing g outs outsid idee the the zone zoness bringing bringing out of purchased purchased taxwould clearly defeat the statute’s free items from the Subic Special intent to carve a territory out of Economic and Free Port Zone. It the military reservations in Subic prescribed a $100 monthly limit Bay where free flow of goods goods to thos thosee who who live live with within in the the and capital is maintained; thus, SSEFPZ but outside the Secured the classification classification is germane germane to Area, and $200 yearly limit to the the purp purpos osee of the the law. law. The The thos thosee who who live live outs outsid idee the the classificatio classification n moreover, moreover, is not SSEFPZ. limited limited to existi existing ng condit condition ionss when the law was promulgated, Petit Petitio ione ners rs assa assail il the the $100 $100 but to future conditions as well, monthly and $200 yearly tax-free inasmuch as the law envisioned privileges. the former military reservation to ultimately ultimately develop into a self-

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Villar Villareña eña v. Commis Commissio sion n Audit GR Nos. 145383-84 6 August 2003 Azcuna, J.

sustai sustainin ning g invest investmen mentt center center.. Finally, the classification applies equally equally to all retail retailers ers found found within within the secured secured area. area. The individuals and businesses within the secured area, being in like circumstanc circumstances es or contributin contributing g directly to the achievement to the end purpose of the law, are not categorized further. They are all simi simila larl rly y trea treate ted, d, both both in pri privi vile lege gess gran grante ted d and and in obligations required. on Atty Atty.. Rudy Rudy Vill Villar areñ eñaa was was W/N W/N Sect Sectio ion n 18 of RA 6758 6758 NO. There are valid reasons to The equal protection clause does assigned as Auditor of Marikina violat violates es the equal equal protec protectio tion n treat COA officials officials differently not preclu preclude de classi classific ficatio ation n of by the Commis Commissio sion n on Audit Audit clause. from other national governmen governmentt individuals who may be accorded from 1994 to 1997. Ordinances officials. The primary function of different treatment under the law passed by Marikina entitled him an auditor is to prevent irregular, as long long as the classific classificati ation on is to receive special allowances and unne unnece cess ssar ary, y, exce excess ssiv ivee or reasonable and not arbitrary. b ben enef efit its, s, whic which h were were late later r extrav extravaga agant nt expend expenditu itures res of discovered discovered by a Special Special Audit government funds. To be able to Team Team constit constitute uted d by COA. COA. It properly perform t he heir was then declared that these were constit constituti utiona onall mandat mandate, e, COA received in violation of Section offici officials als need need to be insula insulated ted 18 of RA 6758, which prohibited from unwarranted influences, so payment of additi on onal that they can act wi t h compensation to COA personnel independence and integrity. The by govern governmen mentt units units to which which prohibition under Section 18 of they were assigned. Act 6758 was designed precisely to serve this purpose. Atty. Villareña was then found guilty by the COA for neglect of duty, duty, simple simple miscond misconduct uct,, and violati violation on of reason reasonabl ablee office office rule ruless and and regu regula latio tions ns.. Atty Atty.. Villareña Villareña appealed, appealed, stating that he was among the “other national govern governmen mentt offici officials als”” which which were were enti entitl tled ed to what whatev ever er addi additio tiona nall allo allowa wanc nces es and and benef benefits its the City of Mariki Marikina na gave to such officials according according to the LGC. He then contended that that to disc discri rimi mina nate te COA COA personnel personnel from other national national

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People v. Mijano GR No. 129112 23 July 1999 Per Curiam

govern governmen mentt officia officials ls would would constitute a violation of the equal protection of the laws. Accuse Accused d Jimmy Jimmy Mijano Mijano was convicted by the lower court of the crime of rape of five-year-old Hazel Hazel Ramire Ramirez, z, for which which the pen penal alty ty of deat death h was was give given. n. Mijano assails the death penalty for being violative of the equal protection clause, stating that it only punishes punishes people people like him who are uneducated and jobless.

W/N the death penalty violates the equal protection clause.

NO. The death penalty makes no dist distin inct ctio ion. n. It appl applie iess to all all perso persons ns and to all classes classes of persons—rich or poor, educated or uneducated, religious or nonreligious. No particular person or classes classes of persons are identified identified by the law against against whom whom the death penalty shall be exclusively imposed.

The equalit equality y the Consti Constitut tution ion guarantees is legal equality, or as it is usually put, the equality of all persons before the law. Under this guarantee, each individual is dealt with as an equal person in the law, which does not treat the person differently of who he is or what he is or what he possesses.

Obiter: Compassion for the poor is an imperative of every human but only when the recipient is not a rascal claiming an undeserved privilege.

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Constitutional Law Case Digest Matrix Set 2

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