sic itur ad astra

                      Equal Protection of the Laws | Constitutional Law Facts: In preparation for the upcoming 2010 National Elections, the Commission on Elections issued Resolution No. 8678 to govern the filing of Certificates of Candidacy for national and local positions. Section 4 of the Resolution reads: Sec. 4. Effects of Filing of Certificates of Candidacy. (a) Any person holding a public appointive office or position, including active members of the Armed Forces of the Philippines, and other officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. (b) Any person holding an elective office or position shall not be considered resigned upon the filing of his certificate of candidacy for the same or any other elective office or position.  Before the Court is a petition for prohibition and certiorar...

                     Equal Protection of the Laws | Constitutional Law Facts: Private respondent Malate Tourist Development Corporation (MTDC) is a corporation engaged in the business of operating hotels, motels, hostels and lodging houses. It built and opened Victoria Court in Malate which was licensed as a motel although duly accredited with the Department of Tourism as a hotel. MTDC prayed that the Ordinance, insofar as it includes motels and inns as among its prohibited establishments, be declared invalid and unconstitutional.  MTDC advanced that the Ordinance was invalid and unconstitutional for the following reasons: xxx (6) The Ordinance constitutes a denial of equal protection under the law as no reasonable basis exists for prohibiting the operation of motels and inns, but not pension houses, hotels, lodging houses or other similar establishments, and for prohibiting said business in the Ermita-Malate area but not ...

                    Equal Protection of the Laws | Constitutional Law Facts: Republic Act (R.A.) No. 10354, otherwise known as the Responsible Parenthood and Reproductive Health Act of 2012 (RH Law), was enacted by Congress on December 21, 2012. This law guaranteed universal and free access to nearly all modern contraceptives to all citizens, including those living in poverty, through government health centers. The RH Law was immediately challenged by various religious and conservative groups. Issue: WoN the Section 5.24 of the IRR of RH Law violates the equal protection clause as regards to the  alleged discriminatory nature against the poor. Held: NO.  To provide that the poor are to be given priority in the government's reproductive health care program is not a violation of the equal protection clause. In fact, it is pursuant to Section 11, Article XIII of the Constitution which recognizes the distinct necessity to...

                   Equal Protection of the Laws | Constitutional Law Facts: Bernardina Bartolome filed for death benefits under Presidential Decree 626 (PD 626) with the Social Security Services (SSS), claiming to be the biological mother of John Colcol. John was employed by Scanmar Maritime Services, Inc. as an electrician on board the vessel Maersk Danville, which met with an accident resulting in his death in 2008.  The SSS denied the claim, asserting that John had been legally adopted by Cornelio Colcol, and therefore, Bernardina was no longer considered his parent. The denial was appealed to the Employees' Compensation Commission (ECC), but both the ECC and SSS upheld the decision. Bernardina's subsequent Motion for Reconsideration was also denied by the ECC. Issue: WoN  petitioner is entitled to the pension of the death benefits of her biological child despite  adoption. Held: YES. The rule limiting death benefi...

                  Equal Protection of the Laws | Constitutional Law Facts: Act No. 1639 forbids any Filipino native who belongs to a non-Christian tribe from purchasing, receiving, or possessing alcoholic beverages other than their own indigenous wines.   Respondent Cayat, a native of Baguio, Benguet and a person belonging to a non-Christian tribe, was found guilty of breaking sections 2 and 3 of Act No. 1639 by having a bottle of gin that is not a native wine. Issue: WoN Act No. 1639 is unconstitutional on the grounds that it violates due process, is discriminatory, denies all people the same protection under the law, and is an unlawful use of police power. Held: NO. It satisfies the requirements of a valid classification,  one of which is that the classification under the law must rest on  real or substantial distinctions  establishments.  In order for a classification to be considered reasonable...

                 Equal Protection of the Laws | Constitutional Law Facts: The value-added tax (VAT) is levied on the sale, barter or exchange of goods and properties as well as on the sale or exchange of services. It is equivalent to 10% of the gross selling price or gross value in money of goods or properties sold, bartered or exchanged or of the gross receipts from the sale or exchange of services. Republic Act No. 7716 seeks to widen the tax base of the existing VAT system and enhance its administration by amending the National Internal Revenue Code.  The PPI questions the law insofar as it has withdrawn the exemption previously granted to the press under § 103 (f) of the NIRC. Republic Act No. 7716 amended § 103 by deleting ¶ (f) with the result that print media became subject to the VAT with respect to all aspects of their operations. What it contends is that by withdrawing the exemption previously granted to print media transa...

Equal Protection of the Laws | Constitutional Law Facts: (1)  Republic Act No. 8189 (The Voter’s Registration Act of 1996) was enacted on June 10, 1996 and approved by President Fidel V. Ramos on June 11, 1996. Section 44 thereof provides: SEC. 44. Reassignment of Election Officers.— No Election Officershall hold office in a particular city or municipality for more than four (4) years. Any election officer who, either at the time of the approval of this Act or subsequent thereto, has served for at least four (4) years in a particular city or municipality shall automatically be reassigned by the Commission to a new station outside the original congressional district. (2) By virtue of the aforequoted provision of law, the Commission on Elections (COMELEC) promulgated Resolution Nos. 97-0002 and 97-0610 for the implementation thereof. Thereafter, the COMELEC issued several directives reassigning the petitioners, who are either City or Municipal Election Officers, to different sta...

The tax is levied with a regulatory purpose to provide means for the rehabilitation and stabilization of the threatened sugar industry. As the protection and promotion of the sugar industry is a matter of public concern, the Legislature may determine within reasonable bounds what is necessary for its protection and expedient for its promotion.   Taxation may be made the implement of the State's police power. Commonwealth Act No. 567 (1940) – the Sugar Adjustment Act , enacted to stabilize the Philippine sugar industry in anticipation of: Loss of preferential access to the U.S. market Imposition of export taxes under the Tydings–McDuffie Act Section 2: Increased graduated tax on sugar manufactured (per picul) Section 3: Tax on landowners leasing sugar lands equivalent to the excess of rental income over 12% of the land’s assessed value All collections form the Sugar Adjustment and Stabilization Fund to be used to: Maintain and rehabilitate the sugar industry Readjust benefits am...

 Equal Protection of the Laws | Constitutional Law Facts: Republic Act No. 1180 (An Act to Regulate the Retail Business) in effect nationalizes the retail trade business. The main provisions of the Act are: (1) a prohibition against persons, not citizens of the Philippines, and against associations, partnerships, or corporations the capital of which are not wholly owned by citizens of the Philippines, from engaging directly or indirectly in the retail trade; (2) an exception from the above prohibition in favor of aliens actually engaged in said business on May15, 1954, who are allowed to continue to engage there in, unless their licenses are forfeited in accordance with the law, until their death or voluntary retirement in case of natural persons, and for ten years after the approval of the Act or until the expiration of term in case of juridical persons; (3) an exception there from in favor of citizens and juridical entities of the United States; (4) a provision for the forfe...