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specifically informed of its contents. The Court


Tañada vs. Tuvera 136 SCRA 27 (April 24, 1985) declared that presidential issuances of general
146 SCRA 446 (December 29, 1986) application which have not been published have no
TAÑADA VS. TUVERA force and effect.
136 SCRA 27 (April 24, 1985)
TAÑADA VS. TUVERA
FACTS:
146 SCRA 446 (December 29, 1986)
Invoking the right of the people to be informed on
matters of public concern as well as the principle FACTS:
that laws to be valid and enforceable must be
published in the Official Gazette, petitioners filed for This is a motion for reconsideration of the decision
writ of mandamus to compel respondent public promulgated on April 24, 1985. Respondent argued
officials to publish and/or cause to publish various that while publication was necessary as a rule, it
presidential decrees, letters of instructions, general was not so when it was “otherwise” as when the
orders, proclamations, executive orders, letters of decrees themselves declared that they were to
implementations and administrative orders. become effective immediately upon their approval.
The Solicitor General, representing the respondents, ISSUES:
moved for the dismissal of the case, contending that
petitioners have no legal personality to bring the 1. Whether or not a distinction be made between
instant petition. laws of general applicability and laws which are not
as to their publication;
ISSUE: 2. Whether or not a publication shall be made in
publications of general circulation.
Whether or not publication in the Official Gazette is
required before any law or statute becomes valid HELD:
and enforceable.
The clause “unless it is otherwise provided” refers to
HELD: the date of effectivity and not to the requirement of
publication itself, which cannot in any event be
Art. 2 of the Civil Code does not preclude the omitted. This clause does not mean that the
requirement of publication in the Official Gazette, legislature may make the law effective immediately
even if the law itself provides for the date of its upon approval, or in any other date, without its
effectivity. The clear object of this provision is to give previous publication.
the general public adequate notice of the various
laws which are to regulate their actions and conduct “Laws” should refer to all laws and not only to those
as citizens. Without such notice and publication, of general application, for strictly speaking, all laws
there would be no basis for the application of the relate to the people in general albeit there are some
maxim ignoratia legis nominem excusat. It would be that do not apply to them directly. A law without any
the height of injustive to punish or otherwise burden bearing on the public would be invalid as an
a citizen for the transgression of a law which he had intrusion of privacy or as class legislation or as an
no notice whatsoever, not even a constructive one. ultra vires act of the legislature. To be valid, the law
must invariably affect the public interest eve if it
The very first clause of Section 1 of CA 638 reads: might be directly applicable only to one individual, or
there shall be published in the Official Gazette…. some of the people only, and not to the public as a
The word “shall” therein imposes upon respondent whole.
officials an imperative duty. That duty must be
enforced if the constitutional right of the people to be All statutes, including those of local application and
informed on matter of public concern is to be given private laws, shall be published as a condition for
substance and validity. their effectivity, which shall begin 15 days after
publication unless a different effectivity date is fixed
The publication of presidential issuances of public by the legislature.
nature or of general applicability is a requirement of
due process. It is a rule of law that before a person Publication must be in full or it is no publication at
may be bound by law, he must first be officially and
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all, since its purpose is to inform the public of the Rep. Act 7167, which became effective, as
content of the law. aforestated, on 30 January 1992, the increased
exemptions are literally available on or before 15
Article 2 of the Civil Code provides that publication April 1992 (though not before 30 January 1992). But
of laws must be made in the Official Gazette, and these increased exemptions can be available on 15
not elsewhere, as a requirement for their effectivity. April 1992 only in respect of compensation income
The Supreme Court is not called upon to rule upon earned or received during the calendar year 1991.
the wisdom of a law or to repeal or modify it if it finds
it impractical.
Umali vs Estanislao 209 SCRA 446
The publication must be made forthwith, or at least
as soon as possible.
Facts:
J. Cruz: Congress enacted Republic Act 7167 amending the
NIRC (adjusting the basic and additional exemptions
Laws must come out in the open in the clear light of allowable to individuals for income tax purposes to
the sun instead of skulking in the shadows with their the poverty threshold level). The said Act was
dark, deep secrets. Mysterious pronouncements and signed and approved by the President on 19
rumored rules cannot be recognized as binding December 1991 and published on 14 January 1992
unless their existence and contents are confirmed in "Malaya" a newspaper of general circulation. On
by a valid publication intended to make full 26 December 1991, the CIR promulgated Revenue
disclosure and give proper notice to the people. The Regulations No. 1-92 stating that the regulations
furtive law is like a scabbarded saber that cannot shall take effect on compensation income from
faint, parry or cut unless the naked blade is drawn. January 1, 1992. Petitioners filed a petition for
mandamus to compel the CIR to implement RA
7167 in regard to income earned or received in
Umali vs. Estanislao, 209 SCRA 446(1992) 1991, and prohibition to enjoin the CIR from
Constitutional Law; Taxation; Statute; Court rules implementing the revenue regulation.
that Rep. Act 7167 took effect on 30 January 1992
which is after fifteen (15) days following its Issue:
publication on 14 January 1992 in the "Malaya".— Assuming that Rep. Act 7167 took effect on 30
Accordingly, the Court rules that Rep. Act 7167 took January 1992 (15 days after its publication in
effect on 30 January 1992, which is after fifteen (15) “Malaya”), whether or not the said law nonetheless
days following its publication on 14 January 1992 in covers or applies to compensation income earned or
the "Malaya." received during calendar year 1991.
Same; Same; Same; Same; The court is of the Ruling:
considered view that Rep. Act 7167 should cover or Yes. The Court is of the considered view that Rep.
extend to compensation income earned or received Act 7167 should cover or extend to compensation
during calendar year 1991.—Coming now to the income earned or received during calendar year
second issue, the Court is of the considered view 1991. Sec. 29, par. [L], Item No. 4 of the National
that Rep. Act 7167 should cover or extend to Internal Revenue Code, as amended, provides:
compensation income earned or received during
calendar year 1991. Upon the recommendation of the Secretary of
Finance, the President shall automatically adjust not
Same; Same; Same; Same; Same; These increased more often than once every three years, the
exemptions can be available on 15 April 1992 only personal and additional exemptions taking into
in respect of compensation income earned or account, among others, the movement in consumer
received during the calendar year 1991.—And then, price indices, levels of minimum wages, and bare
Rep. Act 7167 says that the increased personal subsistence levels.
exemptions that it provides for shall be available
thenceforth, that is, after Rep. Act 7167 shall have The exemptions were last adjusted in 1986. The
become effective. In other words, these exemptions president could have adjusted it in 1989 but did not
are available upon the filing of personal income tax do so. The poverty threshold level refers to the level
returns which is, under the National Internal at the time Rep. Act 7167 was enacted by
Revenue Code, done not later than the 15th day of Congress. The Act is a social legislation intended to
April after the end of a calendar year. Thus, under
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alleviate in part the present economic plight of the from his office upon the filing of his certificate of
lower income taxpayers. candidacy.

Rep. Act 7167 says that the increased personal FACTS:


exemptions shall be available after the law shall
have become effective. These exemptions are The petitioners now come to the Court alleging in the
available upon the filing of personal income tax main that Section 14 of Rep. Act No. 9006, insofar as
returns, done not later than the 15th day of April it repeals Section 67 of the Omnibus Election Code,
after the end of a calendar year. Thus, under Rep. is unconstitutional for being in violation of Section
Act 7167, which became effective, on 30 January 26(1), Article VI of the Constitution, requiring every
1992, the increased exemptions are literally law to have only one subject which should be
available on or before 15 April 1992 [though not expressed in its title.
before 30 January 1992]. But these increased
exemptions can be available on 15 April 1992 only According to the petitioners, the inclusion of Section
in respect of compensation income earned or 14 repealing Section 67 of the Omnibus Election
received during the calendar year 1991. The Code in Rep. Act No. 9006 constitutes a proscribed
personal exemptions as increased by Rep. Act 7167 rider.
are not available in respect of compensation income
received during the 1990 calendar year; the tax due They point out the dissimilarity in the subject matter
in respect of said income had already accrued, and of Rep. Act No. 9006, on the one hand, and Section
been presumably paid (The law does not state 67 of the Omnibus Election Code, on the other. Rep.
retroactive application). The personal exemptions as Act No. 9006 primarily deals with the lifting of the ban
increased by Rep. Act 7167 cannot be regarded as on the use of media for election propaganda and the
available as to compensation income received elimination of unfair election practices, while Section
during 1992 because it would in effect postpone the 67 of the Omnibus Election Code imposes a limitation
availability of the increased exemptions to 1 on elective officials who run for an office other than
January-15 April 1993. The implementing the one they are holding in a permanent capacity by
regulations collide with Section 3 of Rep. Act 7167 considering them as ipso facto resigned therefrom
which states that the statute "shall take effect upon upon filing of the certificate of candidacy. The repeal
its approval”. The revenue regulation should take of Section 67 of the Omnibus Election Code is thus
effect on compensation income earned or received not embraced in the title, nor germane to the subject
from 1 January 1991. Since this decision is matter of Rep. Act No. 9006.
promulgated after 15 April 1992, those taxpayers
who have already paid are entitled to refunds or The petitioners also assert that Section 14 of Rep. Act
credits. No. 9006 violates the equal protection clause of the
Constitution because it repeals Section 67 only of the
Omnibus Election Code, leaving intact Section 66
RODOLFO FARINAS VS EXECUTIVE thereof which imposes a similar limitation to
SECRETARY [G.R. No. 147387. December 10, appointive officials, thus:
2003]
SEC. 66. Candidates holding appointive office or
position. – Any person holding a public appointive
NATURE OF THE CASE: office or position, including active members of the
Armed Forces of the Philippines, and officers and
Petitions under Rule 65 of the Rules of Court, as employees in government-owned or controlled
amended, seeking to declare as unconstitutional corporations, shall be considered ipso facto resigned
Section 14 of Republic Act No. 9006 (The Fair from his office upon the filing of his certificate of
Election Act), insofar as it expressly repeals Section candidacy.
67 of Batas Pambansa Blg. 881 (The Omnibus
Election Code) which provides: They contend that Section 14 of Rep. Act No. 9006
discriminates against appointive officials. By the
SEC. 67. Candidates holding elective office. – Any repeal of Section 67, an elective official who runs for
elective official, whether national or local, running for office other than the one which he is holding is no
any office other than the one which he is holding in a longer considered ipso facto resigned therefrom
permanent capacity, except for President and Vice- upon filing his certificate of candidacy. Elective
President, shall be considered ipso facto resigned officials continue in public office even as they
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campaign for reelection or election for another
elective position. On the other hand, Section 66 has HELD:
been retained; thus, the limitation on appointive
officials remains - they are still considered ipso To determine whether there has been compliance
facto resigned from their offices upon the filing of their with the constitutional requirement that the subject of
certificates of candidacy. an act shall be expressed in its title, the Court laid
down the rule that –
The petitioners assert that Rep. Act No. 9006 is null Constitutional provisions relating to the subject matter
and void in its entirety as irregularities attended its and titles of statutes should not be so narrowly
enactment into law. The law, not only Section 14 construed as to cripple or impede the power of
thereof, should be declared null and void. Even legislation. The requirement that the subject of an act
Section 16 of the law which provides that “[t]his Act shall be expressed in its title should receive a
shall take effect upon its approval” is a violation of the reasonable and not a technical construction. It is
due process clause of the Constitution, as well as sufficient if the title be comprehensive enough
jurisprudence, which require publication of the law reasonably to include the general object which a
before it becomes effective. statute seeks to effect, without expressing each and
every end and means necessary or convenient for the
Finally, the petitioners maintain that Section 67 of the accomplishing of that object. Mere details need not
Omnibus Election Code is a good law; hence, should be set forth. The title need not be an abstract or index
not have been repealed. The petitioners cited the of the Act.
ruling of the Court in Dimaporo v. Mitra, Jr.,[13] that The title of Rep. Act No. 9006 reads: “An Act to
Section 67 of the Omnibus Election Code is based on Enhance the Holding of Free, Orderly, Honest,
the constitutional mandate on the “Accountability of Peaceful and Credible Elections through Fair Election
Public Officers:” Practices.”

Sec. 1. Public office is a public trust. Public officers The Court is convinced that the title and the
and employees must at all times be accountable to objectives of Rep. Act No. 9006 are comprehensive
the people, serve them with utmost responsibility, enough to include the repeal of Section 67 of the
integrity, loyalty and efficiency, act with patriotism and Omnibus Election Code within its contemplation. To
justice, and lead modest lives. require that the said repeal of Section 67 of the Code
be expressed in the title is to insist that the title be a
Consequently, the respondents Speaker and complete index of its content.
Secretary General of the House of Representatives
acted with grave abuse of discretion amounting to The purported dissimilarity of Section 67 of the
excess or lack of jurisdiction for not considering those Omnibus Election Code, which imposes a limitation
members of the House who ran for a seat in the on elective officials who run for an office other than
Senate during the May 14, 2001 elections as ipso the one they are holding, to the other provisions of
facto resigned therefrom, upon the filing of their Rep. Act No. 9006, which deal with the lifting of the
respective certificates of candidacy. ban on the use of media for election propaganda,
does not violate the “one subject-one title” rule. This
Court has held that an act having a single general
ISSUES: subject, indicated in the title, may contain any number
of provisions, no matter how diverse they may be, so
W/N Section 14 of Rep. Act No. 9006 Is a Rider. long as they are not inconsistent with or foreign to the
general subject, and may be considered in
W/N Section 14 of Rep. Act No. 9006 Is Violative of furtherance of such subject by providing for the
the Equal Protection Clause of the Constitution. method and means of carrying out the general
subject.
W/N Section 16 of the law which provides that “[t]his
Act shall take effect upon its approval” is a violation The legislators considered Section 67 of the Omnibus
of the due process clause of the Constitution, as Election Code as a form of harassment or
well as jurisprudence, which require publication of discrimination that had to be done away with and
the law before it becomes effective. repealed. The executive department found cause
with Congress when the President of the Philippines
signed the measure into law. For sure, some sectors
of society and in government may believe that the
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repeal of Section 67 is bad policy as it would Following Article 2 of the Civil Code and the doctrine
encourage political adventurism. But policy matters enunciated in Tañada, Rep. Act No. 9006,
are not the concern of the Court. Government policy notwithstanding its express statement, took effect
is within the exclusive dominion of the political fifteen days after its publication in the Official Gazette
branches of the government. It is not for this Court to or a newspaper of general circulation.
look into the wisdom or propriety of legislative
determination. Indeed, whether an enactment is wise In conclusion, it bears reiterating that one of the firmly
or unwise, whether it is based on sound economic entrenched principles in constitutional law is that the
theory, whether it is the best means to achieve the courts do not involve themselves with nor delve into
desired results, whether, in short, the legislative the policy or wisdom of a statute. That is the exclusive
discretion within its prescribed limits should be concern of the legislative branch of the government.
exercised in a particular manner are matters for the When the validity of a statute is challenged on
judgment of the legislature, and the serious conflict of constitutional grounds, the sole function of the court
opinions does not suffice to bring them within the is to determine whether it transcends constitutional
range of judicial cognizance. Congress is not limitations or the limits of legislative power. No such
precluded from repealing Section 67 by the ruling of transgression has been shown in this case.
the Court in Dimaporo v. Mitra upholding the validity
of the provision and by its pronouncement in the
same case that the provision has a laudable purpose. Lidasan v. Comelec Digest
Over time, Congress may find it imperative to repeal
the law on its belief that the election process is Lidasan v Comelec
thereby enhanced and the paramount objective of G.R. No. L-28089 October 25, 1967
election laws – the fair, honest and orderly election of Sanchez, J.:
truly deserving members of Congress – is achieved.
Facts:
Substantial distinctions clearly exist between elective 1. Lidasan, a resident and taxpayer of the detached
officials and appointive officials. The former occupy portion of Parang, Cotabato, and a qualified voter for
their office by virtue of the mandate of the electorate. the 1967 elections assails the constitutionality of RA
They are elected to an office for a definite term and 4790 and petitioned that Comelec's resolutions
may be removed therefrom only upon stringent implementing the same for electoral purposes be
conditions. On the other hand, appointive officials nullified. Under RA 4790, 12 barrios in two
hold their office by virtue of their designation thereto municipalities in the province of Cotabato are
by an appointing authority. Some appointive officials transferred to the province of Lanao del Sur. This
hold their office in a permanent capacity and are brought about a change in the boundaries of the two
entitled to security of tenure while others serve at the provinces.
pleasure of the appointing authority.
2. Barrios Togaig and Madalum are within the
Finally, the “Effectivity” clause (Section 16) of Rep. municipality of Buldon in the Province of Cotabato,
Act No. 9006 which provides that it “shall take effect and that Bayanga, Langkong, Sarakan, Kat-bo,
immediately upon its approval,” is defective. Digakapan, Magabo, Tabangao, Tiongko, Colodan
However, the same does not render the entire law and Kabamakawan are parts and parcel of another
invalid. In Tañada v. Tuvera, this Court laid down the municipality, the municipality of Parang, also in
rule: the Province of Cotabato and not of Lanao del Sur.

... the clause “unless it is otherwise provided” refers 3. Apprised of this development, the Office of the
to the date of effectivity and not to the requirement of President, recommended to Comelec that the
publication itself, which cannot in any event be operation of the statute be suspended until "clarified
omitted. This clause does not mean that the legislator by correcting legislation."
may make the law effective immediately upon
approval, or on any other date without its previous 4. Comelec, by resolution declared that the statute
publication. should be implemented unless declared
unconstitutional by the Supreme Court.
Publication is indispensable in every case, but the
legislature may in its discretion provide that the usual ISSUE: Whether or not RA 4790, which is entitled
fifteen-period shall be shortened or extended…. "An Act Creating the Municipality of Dianaton in
the Province of Lanao del Sur", but which
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includes barrios located in another province — in this new Lanao del Sur town. The phrase "in the
Cotabato is unconstitutional for embracing more Province of Lanao del Sur," read without subtlety or
than one subject in the title contortion, makes the title misleading, deceptive. For,
the known fact is that the legislation has a two-
YES. RA 4790 is null and void pronged purpose combined in one statute: (1) it
creates the municipality of Dianaton purportedly from
1. The constitutional provision contains dual limitations twenty-one barrios in the towns of Butig and
upon legislative power. First. Congress is to refrain Balabagan, both in the province of Lanao del Sur; and
from conglomeration, under one statute, of (2) it also dismembers two municipalities in Cotabato,
heterogeneous subjects. Second. The title of the bill a province different from Lanao del Sur.
is to be couched in a language sufficient to notify the
legislators and the public and those concerned of the 5. Finally, the title did not inform the members of
import of the single subject thereof. Of relevance here Congress the full impact of the law. One, it did not
is the second directive. The subject of the statute apprise the people in the towns of Buldon and Parang
must be "expressed in the title" of the bill. This in Cotabato and in the province of Cotabato itself that
constitutional requirement "breathes the spirit of part of their territory is being taken away from their
command." Compliance is imperative, given the fact towns and province and added to the adjacent
that the Constitution does not exact of Congress the Province of Lanao del Sur. Two, it kept the public in
obligation to read during its deliberations the entire the dark as to what towns and provinces were
text of the bill. In fact, in the case of House Bill 1247, actually affected by the bill.
which became RA 4790, only its title was read from
its introduction to its final approval in the House
where the bill, being of local application, originated.

2. The Constitution does not require Congress to employ Aglipay v. Ruiz Digest
in the title of an enactment, language of such
precision as to mirror, fully index or catalogue all the G.R. No. L-45459 March 13, 1937
contents and the minute details therein. It suffices if Laurel, J.:
the title should serve the purpose of the constitutional
demand that it inform the legislators, the persons Facts:
interested in the subject of the bill, and the public, of
the nature, scope and consequences of the proposed 1. In May 1936, the Director of Posts announced in
law and its operation. And this, to lead them to inquire the dailies of Manila that he would order the issuance
into the body of the bill, study and discuss the same, of postage stamps commemorating the celebration in
take appropriate action thereon, and, thus, prevent the City of Manila of the 33rd International Eucharistic
surprise or fraud upon the legislators. Congress, organized by the Roman Catholic Church.

3. The test of the sufficiency of a title is whether or not it 2. The petitioner, Mons. Gregorio Aglipay, Supreme
is misleading; and, which technical accuracy is not Head of the Philippine Independent Church, in the
essential, and the subject need not be stated in fulfilment of what he considers to be a civic duty,
express terms where it is clearly inferable from the requested Vicente Sotto, a member of the Philippine
details set forth, a title which is so uncertain that the Bar, to denounce the matter to the President. In spite
average person reading it would not be informed of of the protest of the petitioner’s attorney, the Director
the purpose of the enactment or put on inquiry as to of Posts publicly announced having sent to the United
its contents, or which is misleading, either in referring States the designs of the postage for printing. The
to or indicating one subject where another or different said stamps were actually issued and sold though the
one is really embraced in the act, or in omitting any greater part remained unsold.
expression or indication of the real subject or scope
of the act, is bad. 3. The further sale was sought to be prevented by the
petitioner. He alleged that the provisions of Section
4. The title — "An Act Creating the Municipality of 23, Subsection 3, Article VI, of the Constitution were
Dianaton, in the Province of Lanao del Sur" — violated in the issuance and selling of the
projects the impression that only the province of commemorative postage stamps. It was provided
Lanao del Sur is affected by the creation of Dianaton. therein that, ‘No public money or property shall ever
Not the slightest intimation is there that communities be appropriated, applied, or used, directly or
in the adjacent province of Cotabato are incorporated indirectly, for the use, benefit, or support of any sect,
church, denomination, sectarian, institution, or
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system of religion, or for the use, benefit, or support Laurel, J.:
of any priest, preacher, minister, or other religious
teacher or dignitary as such, except when such priest, Facts:
preacher, minister, or dignitary is assigned to the
armed forces or to any penal institution, orphanage, 1. In May 1936, the Director of Posts announced in
or leprosarium.’ the dailies of Manila that he would order the issuance
of postage stamps commemorating the celebration in
Issue: Whether or not the issuance of stamps was the City of Manila of the 33rd International Eucharistic
in violation of the principle of separation of Congress, organized by the Roman Catholic Church.
church and state
2. The petitioner, Mons. Gregorio Aglipay, Supreme
NO. Head of the Philippine Independent Church, in the
fulfilment of what he considers to be a civic duty,
1. Religious freedom, as a constitutional mandate, is requested Vicente Sotto, a member of the Philippine
not inhibition of profound reverence for religion and is Bar, to denounce the matter to the President. In spite
not denial of its influence in human affairs. Religion of the protest of the petitioner’s attorney, the Director
as a profession of faith to an active power that binds of Posts publicly announced having sent to the United
and elevates man to his Creator is recognized. In so States the designs of the postage for printing. The
far as it instils into the minds the purest principles of said stamps were actually issued and sold though the
morality, its influence is deeply felt and highly greater part remained unsold.
appreciated.
3. The further sale was sought to be prevented by the
2. When the Filipino people, in the preamble of the petitioner. He alleged that the provisions of Section
Constitution, implored "the aid of Divine Providence, 23, Subsection 3, Article VI, of the Constitution were
in order to establish a government that shall embody violated in the issuance and selling of the
their ideals, conserve and develop the patrimony of commemorative postage stamps. It was provided
the nation, promote the general welfare, and secure therein that, ‘No public money or property shall ever
to themselves and their posterity the blessings of be appropriated, applied, or used, directly or
independence under a regime of justice, liberty and indirectly, for the use, benefit, or support of any sect,
democracy," they thereby manifested reliance upon church, denomination, sectarian, institution, or
Him who guides the destinies of men and nations. system of religion, or for the use, benefit, or support
The elevating influence of religion in human society is of any priest, preacher, minister, or other religious
recognized here as elsewhere. In fact, certain general teacher or dignitary as such, except when such priest,
concessions are indiscriminately accorded to preacher, minister, or dignitary is assigned to the
religious sects and denominations. armed forces or to any penal institution, orphanage,
or leprosarium.’
3. There has been no constitutional infraction in this
case. Act No. 4052 granted the Director of Posts, with Issue: Whether or not the issuance of stamps was
the approval of the Sec. of Public Works and in violation of the principle of separation of
Communications, discretion to issue postage stamps church and state
with new designs. Even if we were to assume that
these officials made use of a poor judgment in issuing NO.
and selling the postage stamps in question, still, the
case of the petitioner would fail to take in weight. 1. Religious freedom, as a constitutional mandate, is
Between the exercise of a poor judgment and the not inhibition of profound reverence for religion and is
unconstitutionality of the step taken, a gap exists not denial of its influence in human affairs. Religion
which is yet to be filled to justify the court in as a profession of faith to an active power that binds
setting aside the official act assailed as coming within and elevates man to his Creator is recognized. In so
a constitutional inhibition. The court resolved to deny far as it instils into the minds the purest principles of
the petition for a writ of prohibition. morality, its influence is deeply felt and highly
appreciated.

2. When the Filipino people, in the preamble of the


Constitution, implored "the aid of Divine Providence,
Aglipay v. Ruiz Digest in order to establish a government that shall embody
their ideals, conserve and develop the patrimony of
G.R. No. L-45459 March 13, 1937
8
the nation, promote the general welfare, and secure There are two elements to the the offense: first, the
to themselves and their posterity the blessings of carrying outside one's residence of any bladed, blunt,
independence under a regime of justice, liberty and or pointed weapon, etc. not used as a necessary tool
democracy," they thereby manifested reliance upon or implement for a livelihood; and second, that the act
Him who guides the destinies of men and nations. of carrying the weapon was either in furtherance of,
The elevating influence of religion in human society is or to abet, or in connection with subversion, rebellion,
recognized here as elsewhere. In fact, certain general insurrection, lawless violence, criminality, chaos, or
concessions are indiscriminately accorded to public disorder.
religious sects and denominations. The petitioner by having one particular stand of the
carrying of any dangerous weapon outside of the
3. There has been no constitutional infraction in this residence w/o regard to motive or intent makes this a
case. Act No. 4052 granted the Director of Posts, with case of statutory construction.
the approval of the Sec. of Public Works and
Communications, discretion to issue postage stamps HELD:
with new designs. Even if we were to assume that
these officials made use of a poor judgment in issuing COURT DISMISSED ALL MOTIONS MADE BY THE
and selling the postage stamps in question, still, the PETITIONER AND AFFIRMS ALL DECISIONS
case of the petitioner would fail to take in weight. MADE BY THE RESPONDENT JUDGES.
Between the exercise of a poor judgment and the
unconstitutionality of the step taken, a gap exists STATUTORY CONSTRUCTION LESSON:
which is yet to be filled to justify the court in
setting aside the official act assailed as coming within The problem of determining what acts fall within the
a constitutional inhibition. The court resolved to deny purview of a statute, it becomes necessary to inquire
the petition for a writ of prohibition. into the intent and spirit of the decree and this can be
found among others in the preamble or, whereas"
clauses which enumerate the facts or events which
Case of People of the R.P. vs. Purisima justify the promulgation of the decree and the stiff
GR Nos. L-42050-66 20November1978 sanctions stated therein.

FACTS OF THE CASE: It is a salutary principle in statutory construction that


There are twenty-six (26) Petitions for Review filed by there exists a valid presumption that undesirable
the People of the Philippines represented, consequences were never intended by a legislative
respectively, by the Office of the City Fiscal of Manila, measure, and that a construction of which the statute
the Office of the Provincial Fiscal of Samar, and is fairly susceptible is favored, which will avoid all
joined by the Solicitor General, are consolidated in objectionable, mischievous, indefensible, wrongful,
this one Decision as they involve one basic question evil, and injurious consequence
of law.
Before those courts, Informations were filed charging
the respective accused with "illegal possession of
deadly weapon" in violation of Presidential Decree
No. 9. On a motion to quash filed by the accused, the
three Judges mentioned above issued in the
respective cases filed before them — the details of
which will be recounted below — an Order quashing
or dismissing the Informations, on a common ground,
viz, that the Information did not allege facts which
constitute the offense penalized by Presidential
Decree No. 9 because it failed to state one essential
element of the crime.

ISSUES OF THE CASE:

Are the Informations filed by the People sufficient in


form and substance to constitute the offense of
"illegal possession of deadly weapon" penalized
under Presidential Decree (PD for short) No. 9?