Benjamin Gomez vs Enrico Palomar et al., G.R. No.

L-23645 Facts: To help raise funds for the Philippine Tuberculosis Society, the Director of Posts shall order for the period from August nineteen to September thirty every year the printing and issue of semi-postal stamps of different denominations with face value showing the regular postage charge plus the additional amount of five centavos for the said purpose, and during the said period, no mail matter shall be accepted in the mails unless it bears such semi-postal stamps.(RA 1635 as amended by RA 2631) On September 15, 1963, Benjamin P. Gomez mailed a letter at the post office in San Fernando Pampanga and the letter was addressed to Agustin Aquino but the letter mailed by Benjamin Gomez was returned to him because the mailed letter did not have a special anti TB stamp which is required by the statute . Benjamin Gomez then went to the Court of First Instance in Pampanga for declaratory relief in order to test the constitutionality of the statute and the administrative orders being issued but the lower court rendered that the statute and the administrative orders unconstitutional because it violates the equal protection clause of Constitution and taxation. The respondents then file an appeal. Issue: Whether or not the decision of the lower court appealed by the respondents may be reversed Ruling: The ruling of the court is that, the declaratory relief by the petitioner cannot be avail because petitioner already committed the violation of the statute when the letter he mailed did not have a anti- TB stamp as required by the statute and since the statute declared that no mail shall be accepted unless it bears a semi postal stamp, it is indeed enough to say that the mail of the petitioner is not accepted and cannot be mailed upon. Wherefore, the judgement a quo is reversed and the complaint is dismissed.