Restituto Ynot vs Intermediate Appellate CourtPolice Power – Not Validly Exercised

There had been an existing law which prohibited the slaughtering of carabaos (EO 626). To strengthen the law, Marcos issued EO 626-A which not only banned the movement of carabaos from interprovinces but as well as the movement of carabeef. On 13 Jan 1984, Ynot was caught transporting 6 carabaos from Masbate to Iloilo. He was then charged in violation of EO 626-A. Ynot averred EO 626-A as unconstitutional for it violated his right to be heard or his right to due process. He said that the authority provided by EO 626-A to outrightly confiscate carabaos even without being heard is unconstitutional. The lower court ruled against Ynot ruling that the EO is a valid exercise of police power in order to promote general welfare so as to curb down the indiscriminate slaughter of carabaos.

ISSUE: Whether or not the law is valid.HELD: The SC ruled that the EO is not valid as it indeed violates due process. EO 626-A ctreated a presumption based on the judgment of the executive. The movement of carabaos from one area to the other does not mean a subsequent slaughter of the same would ensue. Ynot should be given to defend himself and explain why the carabaos are being transferred before they can be confiscated. The SC found that the challenged measure is an invalid exercise of the police power because the method employed to conserve the carabaos is not reasonably necessary to the purpose of the law and, worse, is unduly oppressive. Due process is violated because the owner of the property confiscated is denied the right to be heard in his defense and is immediately condemned and punished. The conferment on the administrative authorities of the power to adjudge the guilt of the supposed offender is a clear encroachment on judicial functions and militates against the doctrine of separation of powers. There is, finally, also an invalid delegation of legislative powers to the officers mentioned therein who are granted unlimited discretion in the distribution of the properties arbitrarily taken.

Lao Ichong vs Jaime HernandezLao Ichong is a Chinese businessman who entered the country to take advantage of business opportunities herein abound (then) – particularly in the retail business. For some time he and his fellow Chinese businessmen enjoyed a “monopoly” in the local market in Pasay. Until in June 1954 when Congress passed the RA 1180 or the Retail Trade Nationalization Act the purpose of which is to reserve to Filipinos the right to engage in the retail business. Ichong then petitioned for the nullification of the said Act on the ground that it contravened several treaties concluded by the RP which, according to him, violates the equal protection clause (pacta sund servanda). He said that as a Chinese businessman engaged in the business here in the country who helps in the income generation of the country he should be given equal opportunity.

Ang Tibay vs Court of Industrial RelationsDue Process – Admin Bodies – CIR

TeodoroToribio owns and operates Ang Tibay a leather company which supplies the Philippine Army. Due to alleged shortage of leather, Toribio caused the lay off of members of National Labor Union Inc. NLU averred that Toribio’s act is not valid as it is not within the CBA. That there are two labor unions in Ang Tibay; NLU and National Worker’s Brotherhood. That NWB is dominated by Toribio hence he favors it over NLU. That NLU wishes for a new trial as they were able to come up with new evidence/documents that they were not able to obtain before as they were inaccessible and they were not able to present it before in the CIR.

ISSUE: Whether or not there has been a due process of law.HELD: The SC ruled that there should be a new trial in favor of NLU. The SC ruled that all administrative bodies cannot ignore or disregard the fundamental and essential requirements of due process. They are;(1) The right to a hearing which includes the right of the party interested or affected to present his own case and submit evidence in support thereof.(2) Not only must the party be given an opportunity to present his case and to adduce evidence tending to establish the rights which he asserts but the tribunal must consider the evidence presented.(3) While the duty to deliberate does not impose the obligation to decide right, it does imply a necessity which cannot be disregarded, namely, that of having something to support its decision. A decision with absolutely nothing to support it is a nullity, a place when directly attached.(4) Not only must there be some evidence to support a finding or conclusion but the evidence must be “substantial.” Substantial evidence is more than a mere scintilla It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.(5) The decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected.(6) The Court of Industrial Relations or any of its judges, therefore, must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision.(7) The Court of Industrial Relations should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the vario issues involved, and the reasons for the decisions rendered. The performance of this duty is inseparable from the authority conferred upon it.

ANIAG VS. COMELEC [237 SCRA 194; G.R. NO. 104961; 7 OCT 1994]Sunday, February 01, 2009 Posted by Coffeeholic Writes Labels: Case Digests, Political LawFacts: In preparation for the synchronized national and localelections, the COMELEC issued Resolution No. 2323, “Gun Ban”, promulgating rules and regulations on bearing, carrying and transporting of firearm or other deadly weapons on security personnelor bodyguards, on bearing arms by members of security agencies or police organizations, and organization or maintenance of reaction forces during the election period. COMELEC also issued Resolution No. 2327 providing for the summary disqualification of candidates engaged in gunrunning, using and transporting of firearms, organizing special strike forces, and establishing spot checkpoints. Pursuant to the “Gun Ban”, Mr. Serrapio Taccad, Sergeant at Arms of the House of Representatives, wrote petitioner for the return of the two firearms issued to him by the House of Representatives. Petitioner then instructed his driver, Arellano, to pick up the firearms from petitioner’s house and return them to Congress. The PNP set up a checkpoint. When the car driven by Arellano approached the checkpoint, the PNP searched the car and found the firearms. Arellano was apprehended and detained. He then explained the order of petitioner. Petitioner also explained that Arellano was only complying with the firearms ban, and that he was not a security officer or a bodyguard. Later, COMELEC issued Resolution No.92-0829 directing the filing of information against petitioner and Arellano for violation of the Omnibus Election Code, and for petitioner to show cause why he should not be disqualified from running for an elective position. Petitioner then questions the constitutionality of Resolution No. 2327. He argues that “gunrunning, using or transporting firearms or similar weapons” and other acts mentioned in the resolution are not within the provisions of the Omnibus Election Code. Thus, according to petitioner, Resolution No. 2327 is unconstitutional. The issue on the disqualification of petitioner from running in the elections was rendered moot when he lost his bid for a seat in Congress in the elections.Issue: Whether or Not petitioner can be validly prosecuted for instructing his driver to return the firearms issued to him on the basis of the evidence gathered from the warrant less search of his carHeld: A valid search must be authorized by a search warrant issued by an appropriate authority. However, a warrantless search is not violative of the Constitution for as long as the vehicle is neither searched nor its occupants subjected to a body search, and the inspection of the vehicle is merely limited to a visual search. In the case at bar, the guns were not tucked in Arellano’s waist nor placed within his reach, as they were neatly packed in gun cases and placed inside a bag at the back of the car. Given these circumstances, the PNP could not have thoroughly searched the car lawfully as well as thepackage without violating the constitutional injunction. Absent any justifying circumstance specifically pointing to the culpability of petitioner and Arellano, the search could not have been valid. Consequently, the firearms obtained from the warrantless search cannot be admitted for any purpose in any proceeding. It was also shown in the facts that the PNP had not informed the public of the purpose of setting up the checkpoint. Petitioner was also not among those charged by the PNP with violation of the Omnibus Election Code. He was not informed by the City Prosecutor that he was a respondent in the preliminary investigation. Such constituted a violation of his right to due process. Hence, it cannot be contended that petitioner was fully given the opportunity to meet the accusation against him as he was not informed that he was himself a respondent in the case. Thus, the warrantless search conducted by the PNP is declared illegal and the firearms seized during the search cannot be used as evidence in any proceeding against the petitioner. Resolution No. 92-0829 is unconstitutional, and therefore, set aside.

ATENEO DE MANILA UNIVERSITY VS. HON. JUDGE IGNACIO CAPULONG [222 SCRA 644; G.R. 99327; 27 MAY 1993]Facts: Leonardo H. Villa, a first year law student of Petitioner University, died of serious physical injuries at Chinese General Hospital after the initiation rites of Aquila Legis. Bienvenido Marquez was also hospitalized at the Capitol Medical Center for acute renal failure occasioned by the serious physical injuries inflicted upon him on the same occasion. Petitioner Dean Cynthia del Castillo created a Joint Administration-Faculty-Student Investigating Committee which was tasked to investigate and submit a report within 72 hours on the circumstances surrounding the death of Lennie Villa. Said notice also required respondent students to submit their written statements within twenty-four (24) hours from receipt. Although respondent students received a copy of the written notice, they failed to file a reply. In the meantime, they were placed on preventive suspension. The Joint Administration-Faculty-Student Investigating Committee, after receiving the written statements and hearing the testimonies of several witness, found a prima facie case against respondent students for violation of Rule 3 of the Law School Catalogue entitled "Discipline." Respondent students were then required to file their written answers to the formal charge. Petitioner Dean created a Disciplinary Board to hear the charges against respondent students. The Board found respondent students guilty of violating Rule No. 3 of the Ateneo Law School Rules on Discipline which prohibits participation in hazing activities. However, in view of the lack of unanimity among the members of the Board on the penalty of dismissal, the Board left the imposition of the penalty to the University Administration. Accordingly, Fr. Bernas imposed the penalty of dismissal on all respondent students. Respondent students filed with RTC Makati a TRO since they are currently enrolled. This was granted. A TRO was also issued enjoining petitioners from dismissing the respondents. A day after the expiration of the temporary restraining order, Dean del Castillo created a Special Board to investigate the charges of hazing against respondent students Abas and Mendoza. This was requested to be stricken out by the respondents and argued that the creation of the Special Board was totally unrelated to the original petition which alleged lack of due process. This was granted and reinstatement of the students was ordered.

Issue: Was there denial of due process against the respondent students.

Held: There was no denial of due process, more particularly procedural due process. Dean of the Ateneo Law School, notified and required respondent students to submit their written statement on the incident. Instead of filing a reply, respondent students requested through their counsel, copies of the charges. The nature and cause of the accusation were adequately spelled out in petitioners' notices. Present is the twin elements of notice and hearing.

Respondent students argue that petitioners are not in a position to file the instant petition under Rule 65 considering that they failed to file a motion for reconsideration first before the trial court, thereby by passing the latter and the Court of Appeals. It is accepted legal doctrine that an exception to the doctrine of exhaustion of remedies is when the case involves a question of law, as in this case, where the issue is whether or not respondent students have been afforded procedural due process prior to their dismissal from PetitionerUniversity.

Minimum standards to be satisfied in the imposition of disciplinary sanctions in academic institutions, such as petitioner university herein, thus:

(1) the students must be informed in writing of the nature and cause of any accusation against them;

(2) that they shall have the right to answer the charges against them with the assistance of counsel, if desired: (3) they shall be informed of the evidence against them (4) they shall have the right to adduce evidence in their own behalf; and (5) the evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case.

Ermita-Malate Hotel & Motel Operators Assoc., Inc vs Mayor of Manilaon November 17, 2010

Police Power – Due Process ClauseOn 13 June 1963, the Manila Municipal Board enacted Ord 4760 and the same was approved by then acting mayor Astorga. Ord 4760 sought to regulate hotels and motels. It classified them into 1 st class (taxed at 6k/yr) and 2nd class (taxed at 4.5k/yr). It also compelled hotels/motels to get the demographics of anyone who checks in to their rooms. It compelled hotels/motels to have wide open spaces so as not to conceal the identity of their patrons. Ermita-Malate impugned the validity of the law averring that such is oppressive, arbitrary and against due process. The lower court as well as the appellate court ruled in favor of Ermita-Malate.ISSUE: Whether or not Ord 4760 is against the due process clause.HELD: The SC ruled in favor of Astorga. There is a presumption that the laws enacted by Congress (in this case Mun Board) is valid. W/o a showing or a strong foundation of invalidity, the presumption stays. As in this case, there was only a stipulation of facts and such cannot prevail over the presumption. Further, the ordinance is a valid exercise of Police Power. There is no question but that the challenged ordinance was precisely enacted to minimize certain practices hurtful to public morals. This is to minimize prostitution. The increase in taxes not only discourages hotels/motels in doing any business other than legal but also increases the revenue of the lgu concerned. And taxation is a valid exercise of police power as well. The due process contention is likewise untenable, due process has no exact definition but has reason as a standard. In this case, the precise reason why the ordinance was enacted was to curb down prostitution in the city which is reason enough and cannot be defeated by mere singling out of the provisions of the said ordinance alleged to be vague.

Ichong vs. Hernandez, GR No. L-7995Post under case digests, labor law at Tuesday, February 21, 2012 Posted by Schizophrenic Mind

Facts: Republic Act No. 1180 is entitled "An Act to Regulate the Retail Business." In effect it nationalizes the retail trade business.

Petitioner attacks the constitutionality of the Act, contending that: (1) it denies to alien residents the equal protection of the laws and deprives of their liberty and property without due process of law ; (2) the subject of the Act is not expressed or comprehended in the title thereof; (3) the Act violates international and treaty obligations of theRepublic of the Philippines; (4) the provisions of the Act against the transmission by aliens of their retail business thru hereditary succession, and those requiring 100% Filipino capitalization for a corporation or entity to entitle it to engage in the retail business, violate the spirit of Sections 1 and 5, Article XIII and Section 8 of Article XIV of the Constitution.

In answer, the Solicitor-General and the Fiscal of the City of Manila contend that: (1) the Act was passed in the valid exercise of the police power of the State, which exercise is authorized in the Constitution in the interest of national economic survival; (2) the Acthas only one subject embraced in the title; (3) no treaty or international obligations are infringed; (4) as regards hereditary succession, only the form is affected but the value of the property is not impaired, and the institution of inheritance is only of statutory origin.

Issue: Whether the conditions which the disputed law purports to remedy really or actually exist.

Held: Yes. We hold that the disputed law was enacted to remedy a real actual threat and danger to national economy posed by alien dominance and control of the retail business and free citizens and country from dominance and control. Such enactment clearly falls within the scope of the police power of the State, thru which and by which it protects its own personality and insures its security and future. Furthermore, the law does not violate the equal protectionclause of the Constitution because sufficient grounds exist for the distinction between alien and citizen in the exercise of the occupation regulated, nor the due process of law clause, because the law is prospective in operation and recognizes the privilege of aliens already engaged in the occupation and reasonably protects their privilege. The wisdom and efficacy of the law to carry out its objectives appear to us to be plainly evident — as a matter of fact it seems not only appropriate but actually necessary — and that in any case such matter falls within the prerogative of the Legislature, with whose power and discretion the Judicial department of the Government may not interfere. Moreover, the provisions of the law are clearly embraced in the title, and this suffers from no duplicity and has not misled the legislators or the segment of the population affected ; and that it cannot be said to be void for supposed conflict with treaty obligations because no treaty has actually been entered into on the subject and the police power may not be curtailed or surrendered by any treaty or any other conventional agreement.