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Facts:
DECENTRALIZATION AND DEVOLUTION INVOLVES EXERCISE OF POLICE
POWER
TANO VS. SOCRATES
G.R. No. 110249
August 21, 1997
Nature of the case: The petition is, and shall be treated as, a special
civil action for certiorari and prohibition.
Ratio:
In light then of the principles of decentralization and devolution
enshrined in the LGC and the powers granted therein to local
government units under Section 16 (the General Welfare Clause), and
under Sections 149, 447(a) (1) (vi), 458 (a) (1) (vi) and 468 (a) (1) (vi),
which unquestionably involve the exercise of police power, the validity
of the questioned Ordinances cannot be doubted.
xxx
Sec. 16 (R.A. 7160). General Welfare. Every local government
unit shall exercise the powers expressly granted, those necessarily
implied therefrom, as well as powers necessary, appropriate, or
incidental for its efficient and effective governance; and those which are
essential to the promotion of the general welfare.
SUPREME COURT RULING: WHEREFORE, the instant petition is
DISMISSED for lack of merit and the temporary restraining order issued
on 11 November 1993 is LIFTED.
statutory definition of savings was not complied with under the DAP,
there is no basis at all for the transfers. Further, savings should only be
declared at the end of the fiscal year. But under the DAP, funds are
already being withdrawn from certain projects in the middle of the year
and then being declared as savings by the Executive particularly by
the DBM.
IV. No. Unprogrammed funds from the GAA cannot be used as money
source for the DAP because under the law, such funds may only be used
if there is a certification from the National Treasurer to the effect that
the revenue collections have exceeded the revenue targets. In this case,
no such certification was secured before unprogrammed funds were
used.
V. Yes. The Doctrine of Operative Fact, which recognizes the legal effects
of an act prior to it being declared as unconstitutional by the Supreme
Court, is applicable. The DAP has definitely helped stimulate the
economy. It has funded numerous projects. If the Executive is ordered to
reverse all actions under the DAP, then it may cause more harm than
good. The DAP effects can no longer be undone. The beneficiaries of the
DAP cannot be asked to return what they received especially so that
they relied on the validity of the DAP. However, the Doctrine of
Operative Fact may not be applicable to the authors, implementers, and
proponents of the DAP if it is so found in the appropriate tribunals (civil,
criminal, or administrative) that they have not acted in good faith.
Guidelines. However, his request was denied. Thus, he filed the present
petition .
ISSUES:
1. Whether the citizens right to bear arms is a constitutional right and the
revocation of petitioners PTCFOR pursuant to the assailed Guidelines is a
violation of his right to property?;
Chavez
v.
Romulo,
GR
157036,
2004, En Banc, Sandoval-Guttierez
[J]
June
increase the security of life and limb, and to suppress crime and
lawlessness, in any community wherein the practice of carrying
concealed weapons prevails, and this without being unduly
oppressive upon the individual owners of these weapons.
Facts:
Retired Justice Emilio A. Gancayco bought a parcel of land located
EDSA, Quezon City. A few years later, the Quezon City Council issued
Ordinance No. 2904, entitled "An Ordinance Requiring the Construction
of Arcades, for Commercial Buildings to be Constructed in Zones
Designated as Business Zones in the Zoning Plan of Quezon City, and
Providing Penalties in Violation Thereof. It required the relevant
property owner to construct an arcade along EDSA.
(An arcade is defined as any portion of a building above the first floor
projecting over the sidewalk beyond the first storey wall used as
protection for pedestrians against rain or sun).
It bears emphasis that at the time Ordinance No. 2904 was passed by
the city council, there was yet no building code passed by the national
legislature.
Police Power
- an inherent attribute of sovereignty
- and isa power vested in the legislature by the Constitution to make,
ordain, establish all manner of wholesome and reasonable laws for the
good and welfare of the State and its people.
Pursuant to validly delagated authority, the following may exercise
police power:
1. President
2. Law-making bodies of local governent units
3. Administrative bodies
G.R. No. 177807
Gancayco vs. City Government of Quezon City
Petitioners: Justice Emilio A. Gancayco (Retired)
Respondents: City Government of Quezon City and Metro Manila
Development Authority
Nature of the Case: Petition for Review
Brief:
Consolidated special civil actions for certiorari and prohibition by
taxpayers and Filipino citizens challenging the constitutionality of the
Disbursement
Acceleration
Program
(DAP),
implemented
by
the
Facts:
When President Benigno Aquino III took office, his administration noticed
the sluggish growth of the economy. The World Bank advised that the
economy needed a stimulus plan. Budget Secretary Florencio Butch
Abad
then
came
up
with
program
called
the
Disbursement
to
priority
projects
instead
of
waiting
for
next
years
and said funds will then be reallotted to other priority projects. The DAP
program did work to stimulate the economy as economic growth was in
fact reported and portion of such growth was attributed to the DAP (as
noted by the Supreme Court).
Other sources of the DAP include the unprogrammed funds from the
Issues:
I. Whether or not the DAP violates the principle no money shall be paid
out of the Treasury except in pursuance of an appropriation made by
expos claiming that he, and other Senators, received Php50M from the
President as an incentive for voting in favor of the impeachment of then
Chief Justice Renato Corona. Secretary Abad claimed that the money
was taken from the DAP but was disbursed upon the request of the
Senators.
This apparently opened a can of worms as it turns out that the DAP does
not only realign funds within the Executive. It turns out that some nonExecutive projects were also funded; to name a few: Php1.5B for the
CPLA (Cordillera Peoples Liberation Army), Php1.8B for the MNLF (Moro
National Liberation Front), P700M for the Quezon Province, P50-P100M
for certain Senators each, P10B for Relocation Projects, etc.
This prompted Maria Carolina Araullo, Chairperson of the Bagong
Alyansang Makabayan, and several other concerned citizens to file
various petitions with the Supreme Court questioning the validity of the
DAP. Among their contentions was:
DAP is unconstitutional because it violates the constitutional rule which
provides that no money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
Secretary Abad argued that the DAP is based on certain laws particularly
the GAA (savings and augmentation provisions thereof), Sec. 25(5), Art.
VI of the Constitution (power of the President to augment), Secs. 38 and
49 of Executive Order 292 (power of the President to suspend
expenditures and authority to use savings, respectively).
government
budget
deficit
(which
did
not
happen).
already being withdrawn from certain projects in the middle of the year
and then being declared as savings by the Executive particularly by
the DBM.
III. No, the transfers made through the DAP were unconstitutional. It is
true that the President (and even the heads of the other branches of the
IV. No. Unprogrammed funds from the GAA cannot be used as money
source for the DAP because under the law, such funds may only be used
within
cross-border
the revenue collections have exceeded the revenue targets. In this case,
violated because funds appropriated by the GAA for the Executive were
used.
their
respective
offices.
Thus,
no
even though some projects were within the Executive, these projects are
reverse all actions under the DAP, then it may cause more harm than
good. The DAP effects can no longer be undone. The beneficiaries of the
be legitimate, they are still non-existent under the GAA because they
were not provided for by the GAA. As such, transfer to such projects is
These DAP transfers are not savings contrary to what was being
declared by the Executive. Under the definition of savings in the GAA,
savings only occur, among other instances, when there is an excess in
the
funding
of
certain
project
once
it
is
completed,
finally
there is no basis at all for the transfers. Further, savings should only be
declared at the end of the fiscal year. But under the DAP, funds are
Nature of Case
COURT RATIONALE
BRIEF
First issue. From the legal standpoint, the opinion of the Commission
on Audit is worth reading:
That the government, PHILSUCOM or its successor-ininterest, Sugar Regulatory Administration, in particular,
owns and stocks. While it is true that the collected
stabilization fees were set aside by PHILSUCOM, it did
not collect said fees for the account of the sugar
producers
The stabilization fees collected are in the nature of a tax, which is within
the power of the State to impose for the promotion of the sugar industry.
They constitute sugar liens (Sec. 7[b], P.D. No. 388). The tax collected is
not in a pure exercise of the taxing power. It is levied with a
regulatory purpose, to provide means for the stabilization of the sugar
industry. The levy is primarily in the exercise of the police power
of the State.
The protection of a large industry constituting one of the
great sources of the state's wealth and therefore directly
or indirectly affecting the welfare of so great a portion of
the population of the State is affected to such an extent
may agree upon. Said law creates a term in every such contract without
the consent of the parties; such that such persons are therefore
deprived of their liberty to contract. The constitution of the Philippine
Island guarantees to every citizen his liberty to contract. The rule in this
jurisdiction is that the contracting party may establish any agreements,
terms and conditions they may deem advisable, provided they are not
contrary to law, morals or public policy (Art. 1255, Civil Code).
Section 13 of Act No. 3071 is as follows:
Every person, firm or corporation owning or managing a factory,
shop or place of labor of any description shall be obliged to grant
to any woman employed by it as laborer who may be pregnant,
thirty days vacation with pay before and another thirty days after
confinement: Provided, That the employer shall not discharge
such laborer without just cause, under the penalty of being
required to pay to her wages equivalent to the total of two
months counted from the day of her discharge.
Section 15 of the same Act is as follows:
Any person, firm or corporation violating any of the provisions of
this Act shall be punished by a fine of not less than fifty pesos nor
more than two hundred and fifty, or by imprisonment for not less
than ten days nor more than six months, or both, in the
discretion of the court.
SUPREME COURT RULING:
Therefore, the sentence of the lower court is hereby revoked, the
complaint is hereby dismissed, and the defendant is hereby discharged
from the custody of the law, with costs de oficio. So ordered.
Nature of Case:
Petitions to review the decisions of the Secretary of Agrarian Reform.
BRIEF
The case at bar is a consolidation of four cases involving common legal
questions, including challenges to the constitutionality of the
Comprehensive Agrarian Reform Law (RA No. 6657) and related laws (PD
No. 27, Proc. No. 301, and EO Nos. 228 and 229).
FACTS
The petitioners in these cases are questioning the unreasonable taking
of their land without just compensation. The lands were taken from the
petitioners before the payment of just compensation. The landowners
likewise raised the issue that the mode of payment of compensation for
the lands subjected to the agrarian reform program should be in the
form of money.
More particularly, in G.R. No. 79777, Nicolas Manaay and his wife, as
well as Augustin Hermano, Jr. are owners of ricelands measuring 9
hectares and 5 hectares, respectively. The subject ricelands are worked
by four tenants. They are questioning the constitutionality of P.D. No.
27, E.O. Nos. 228 and 229 and R.A. No. 6657 for declaring their tenants
as full owners of the above-mentioned lands.
In G.R. No. 79310, landowners and sugar planters in the Victoria Mills
District, Victorias, Negros Occidental and Planters Committee, Inc.
comprising of 1,400 planter-members are seeking to prohibit the
implementation of Proc. No. 131 and E.O. No. 229. The motions for
intervention filed by [1] the National Federation of Sugarcane Planters
claiming 20,000 members, as well as the one filed by [2] Manuel
Barcelona, et. al., representing coconut and riceland owners were
granted by the court.
In G.R. No. 79744, Inocentes Pabico contends that then DAR Secretary
placed his landholdings under the coverage of OLT in violation of due
process and the requirement of just compensation.