equal protection clause philippines

Bill of rights; non-impairment clause. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. He cited a survey of the University of the Philippines-OCTA research team last February showing that only 19 percent are willing to be vaccinated, 46 percent are unwilling and 35 percent are undecided. In City of Manila v. Laguio, Jr., [17] this Court expounded the meaning and scope of equal protection, thus: Equal protection requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. The very idea of classification is that of inequality, so that it goes without saying that the mere fact of inequality in no manner determines the matter of constitutionality. – The Commission, which shall have all the powers of an investigative body under Section 37, Chapter 9, Book I of the Administrative Code of 1987, is primarily tasked to conduct a thorough fact-finding investigation of reported cases of graft and corruption referred to in Section 1, involving third level public officers and higher, their co-principals, accomplices and accessories from the private sector, if any, during the previous administration and thereafter submit its finding and recommendations to the President, Congress and the Ombudsman. Too many constitutionalists,1 1. 1 was “crafted to tailor-fit the prosecution of officials and personalities of the Arroyo administration.”[105]. But if the particular act assailed partakes of an unwarranted partiality or prejudice, the sharper weapon to cut it down is the equal protection clause. 1 suffers from arbitrary classification. What is the reason behind the visitorial right of an illegitimate father over his children? The test has four requisites: (1) The classification rests on substantial distinctions; (2) It is germane to the purpose of the law; (3) It is not limited to existing conditions only; and (4) It applies equally to all members of the same class. It is not necessary that the classification be made with absolute symmetry, in the sense that the members of the class should possess the same characteristics in equal degree. E.O. 1639 was designed to insure peace and order among the non-Christian tribes. Such discriminating differentiation clearly reverberates to label the commission as a vehicle for vindictiveness and selective retribution. CITIZENSHIP. The proviso is unconstitutional as it operate on the salary grade or the officer employee status, it distinguishes between economic class and status with the higher salary grade recipients are of greater benefit above the law than those of mandated by the Salary … 177499 & G.R. In preparation for the upcoming 2010 National Elections, the Commission on Elections issued Resolution No. The constitutional right to equal protection of the laws is not absolute but is subject to reasonable classification. Obviously, deceased presidents and cases which have already prescribed can no longer be the subjects of inquiry by the PTC. However, the fact remains that Executive Order No. Such classification, however, to be valid must pass the test of reasonableness. These cases refer to the “step by step” process. The equal protection of the laws is embraced in the concept of due process, as every unfair discrimination offends the requirements of justice and fair play. If he would decide not to include them, the section would then be meaningless. Its inhibitions cover all the departments of the government including the political and executive departments, and extend to all actions of a state denying equal protection of the laws, through whatever agency or whatever guise is taken. 1 to end corruption.”[69]  In order to attain constitutional permission, the petitioners advocate that the commission should deal with “graft and grafters prior and subsequent to the Arroyo administration with the strong arm of the law with equal force.”[70]. Constitutional Law Are the agrieved employees, who are not CPAs, denied of equal protection of the law in a case where non-CPAs candidates for promotion have not been promoted in view of the new guideline issued Dec.2012 by COA Chairman, holding that non-CPAs are no longer qualified for promotion. Classic examples of laws that mean to attain equal protection are tax laws. Does the Use of father’s surname grant legitimacy to child? All See, e.g., Norman Dorsen, Equal Protection of the Laws, 74 colum. The Constitution is the fundamental and paramount law of the nation to which all other laws must conform and in accordance with which all private rights determined and all public authority administered. Subject to such limitations as may be provided by law, Family Code provisions on substitute parental authority of grandparents, Family Code provisions on parental authority. Classification in law, as in the other departments of knowledge or practice, is the grouping of things in speculation or practice because they agree with one another in certain particulars. The equal protection clause was also used to invalidate a Manila ordinance requiring aliens to secure an employment permit from the Mayor of Manila before they could secure employment. [Emphases supplied]. It does not prohibit legislation which is limited either in the object to which it is directed or by the territory within which it is to operate. Sexual Orientation, Defined. The Court tried to seek guidance from the pronouncement in the case of Virata v. Sandiganbayan,[106] that the “PCGG Charter (composed of Executive Orders Nos. Garcia V Domingo 52 SCRA 143 (1973) Defenses Based on the Equal Protection Clause A. 178056. III) In Felwa vs. Salas, We ruled that the equal protection clause applies only to persons or things identically situated and does not bar a reasonable classification of the subject of legislation, and a classification is reasonable where (1) it is based on substantial distinctions which make real differences; (2) these are germane to the purpose of the law; (3) the classification applies not only to present … “The equal protection clause is violated by purposeful and intentional discrimination.”[103]. Bill Of Rights Article 333 and Article 334 of the Revised Penal Code of the Philippines: A Violation of the Equal Protection Clause and the UN Convention on the Elimination of All Forms of Discrimination Against Women Such classification, however, to be valid must pass the test of reasonableness. President has the power of supervision, not control, over local government units (LGUs), Basic requisites upon which plea bargaining may be made, AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR AND FOR OTHER PURPOSES. The equal protection of the law clause is against undue favor and individual or class privilege, as well as hostile discrimination or the oppression of inequality. Unless the equal protection clause of the Constitution is a mere platitude, it is the Courts duty to save them from reasonless discrimination. In addition, they … [96] “Such a classification must not be based on existing circumstances only, or so constituted as to preclude additions to the number included within a class, but must be of such a nature as to embrace all those who may thereafter be in similar circumstances and conditions. [73] [Emphases supplied], One of the basic principles on which this government was founded is that of the equality of right which is embodied in Section 1, Article III of the 1987 Constitution. The PTC must, at least, have the authority to investigate all past administrations. The test has four requisites: (1) The classification rests on substantial distinctions; (2) It is germane to the purpose of the law; (3) It is not limited to existing conditions only; and (4) It applies equally to all members of the same class. A law is not invalid because of simple inequality. Rights implicit in liberty and rights secured by equal protection may rest on different precepts and are not always co-extensive, yet in some instances each may be instructive as to the meaning and reach of the other. No. RULING: No, the Act No. The PTC, to be true to its mandate of searching for the truth, must not exclude the other past administrations. What can single mothers do to demand child support from the father? The classification of the previous administration as a separate class for investigation lies in the reality that the evidence of possible criminal activity, the evidence that could lead to recovery of public monies illegally dissipated, the policy lessons to be learned to ensure that anti-corruption laws are faithfully executed, are more easily established in the regime that immediately precede the current administration. Creation of a Commission. December 21, 2009. This will only fortify the fears of the petitioners that the Executive Order No. [104]  The OSG points to Section 17 of Executive Order No. ... thereby violating the equal protection clause mandated by the Constitution,” Drilon said. Change ), You are commenting using your Twitter account. The segregation of the preceding administration as the object of fact-finding is warranted by the reality that unlike with administrations long gone, the current administration will most likely bear the immediate consequence of the policies of the previous administration. Change ), You are commenting using your Facebook account. Neither is the PTC expected to conduct simultaneous investigations of previous administrations, given the body’s limited time and resources. The following are citizens of the Philippines: Those who are citizens of the … Id. Trial In Absentia. The Constitution does not require that things which are different in fact be treated in law as though they were the same. The Commission on Elections’ selective targeting of Ang Ladlad provided grounds for a claim under the Constitution’s Equal Protection Clause. Though the OSG enumerates several differences between the Arroyo administration and other past administrations, these distinctions are not substantial enough to merit the restriction of the investigation to the “previous administration” only. Many administrations subject the transactions of their predecessors to investigations to provide closure to issues that are pivotal to national life or even as a routine measure of due diligence and good housekeeping by a nascent administration like the Presidential Commission on Good Government (PCGG), created by the late President Corazon C. Aquino under Executive Order No. When can an illegitimate child use the surname of his father? The Court held Section 35 of R.A. No. Enter your email address to subscribe to this blog and receive notifications of new posts by email. 1 because it is violative of this constitutional safeguard. Section 4 of the Resolution reads: Ratified as it was after the Civil War in 1868, there is little doubt what the Equal Protection Clause was intended to do: stop states from discriminating against blacks. Special Provision Concerning Mandate. The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws". 1 and other groups or persons who abused their public office for personal gain; and second, the selective classification is not germane to the purpose of Executive Order No. According to respondents, while Executive Order No. [80], It, however, does not require the universal application of the laws to all persons or things without distinction. The equal protection clause does not forbid discrimination as to things that are different. SECTION 2. Case Digest Substantial similarity will suffice; and as long as this is achieved, all those covered by the classification are to be treated equally. The equal protection of the laws clause of the Constitution allows classification. 1. 1 does not even mention any particular act, event or report to be focused on unlike the investigative commissions created in the past. 1 chooses to limit the scope of the intended investigation to the previous administration only. This Court has held that the standard is satisfied if the classification or distinction is based on a reasonable foundation or rational basis and is not palpably arbitrary. No. ( Log Out /  Second, Act No. If and when in the judgment of the President there is a need to expand the mandate of the Commission as defined in Section 1 hereof to include the investigation of cases and instances of graft and corruption during the prior administrations, such mandate may be so extended accordingly by way of a supplemental Executive Order. Is the court bound by such preference? 176951/G.R. vs. COMELEC, G.R. Section 23 of the Public Telecommunications Policy Act, contains an Equality Clause which states that “any advantage, favor privilege or immunity granted to existing franchises shall ipso facto become part of previously granted telecommunications franchises and shall be accorded immediately and unconditionally to the grantees of such franchises.” Unreasonable In classifying persons or things, there should be a clear and distinct difference between two categories. “The law does not require the impossible” (Lex non cogit ad impossibilia). grounds exist for making a distinction between those who fall within such class and those who do not. The OSG ventures to opine that “to include other past administrations, at this point, may unnecessarily overburden the commission and lead it to lose its effectiveness.”[89] The reason given is specious. Powers and Functions. The mere fact that an individual belonging to a class differs from the other members, as long as that class is substantially distinguishable from all others, does not justify the non-application of the law to him.”[84], The classification must not be based on existing circumstances only, or so constituted as to preclude addition to the number included in the class. Against the “Equal Protection” clause a. Petitioners contend that Glaxo's policy against employees marrying employees of competitor companies violates the equal protection clause of the Constitution because it creates invalid distinctions among employees on account only of marriage. What are the grounds for petition for guardianship? Your comment will be posted after it is approved. ( Log Out /  [71]  Assuming arguendo that the commission would confine its proceedings to officials of the previous administration, the petitioners argue that no offense is committed against the equal protection clause for “the segregation of the transactions of public officers during the previous administration as possible subjects of investigation is a valid classification based on substantial distinctions and is germane to the evils which the Executive Order seeks to correct.”[72] To distinguish the Arroyo administration from past administrations, it recited the following: First. READ THE FULL TEXT OF THE DECISION IN jabbulao.com under the category RECENT SUPREME COURT DECISIONS. 8678 to govern the filing of Certificates of Candidacy for national and local positions. ABS-CBN reporter Mike Navallo told TV … Create your own unique website with customizable templates. Certiorari under Rule 45 and 65 Distinguished, Elements and Penalty of Estafa by Means of Deceit. Chief Justice Puno said that the Philippine Constitution provides in its Bill of Rights that no person shall be denied the equal protection of the laws. elimination of all forms of discrimination that offends the equal protection clause of the Bill of Rights and the State obligations under human rights instruments acceded to by the Republic of the Philippines, particularly those discriminatory practices as defined herein shall be prescribed and penalized. 1, however, there is no inadvertence. Although Section 17 allows the President the discretion to expand the scope of investigations of the PTC so as to include the acts of graft and corruption committed in other past administrations, it does not guarantee that they would be covered in the future. Not to include past administrations similarly situated constitutes arbitrariness which the equal protection clause cannot sanction. 127410 1.20.99 Tiu v CA GR No. [Citations omitted]. Right Of The Accused Equal protection has been traditionally defined by the Philippine Supreme Court as a guarantee that laws will treat alike persons who are similarly situated, and treat differently those who are differently situated. Natural Law Third. Philippine Judges Association vs. Prado. 1639 violates the equal protection clause? Equal protection has been traditionally defined by the Philippine Supreme Court as a guarantee that laws will treat alike persons who are similarly situated, and treat differently those who are differently situated. He said if the rollout can be achieved with ease and the … But it is wrong to believe that the idea of equal protection was moribund in the early part of the twentieth century. Before said guideline was issued, non-CPAs have been promoted into the next rank, like, State Auditor (SA) 1 to II; SA II to SA III; SA III to SA IV. Although the purpose of the Truth Commission falls within the investigative power of the President, the Court finds difficulty in upholding the constitutionality of Executive Order No. SECTION 3. 1 to pursue the recovery of ill-gotten wealth of her predecessor former President Ferdinand Marcos and his cronies, and the Saguisag Commission created by former President Joseph Estrada under Administrative Order No, 53, to form an ad-hoc and independent citizens’ committee to investigate all the facts and circumstances surrounding “Philippine Centennial projects” of his predecessor, former President Fidel V. They are not inherent in, and do not inure solely to, the Arroyo administration. It is without doubt irrelevant to the legitimate and noble objective of the PTC to stamp out or “end corruption and the evil it breeds.”[90], The probability that there would be difficulty in unearthing evidence or that the earlier reports involving the earlier administrations were already inquired into is beside the point. What it simply requires is equality among equals as determined according to a valid classification. The reports of widespread corruption in the Arroyo administration cannot be taken as basis for distinguishing said administration from earlier administrations which were also blemished by similar widespread reports of impropriety. The Due Process Clause and the Equal Protection Clause are connected in a profound way, though they set forth in dependent principles. In Ichong vs. Hernandez, equal protection simply requires that all persons or things similarly situated should be treated alike. [74], “According to a long line of decisions, equal protection simply requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed.”[75] It “requires public bodies and institutions to treat similarly situated individuals in a similar manner.”[76] “The purpose of the equal protection clause is to secure every person within a state’s jurisdiction against intentional and arbitrary discrimination, whether occasioned by the express terms of a statue or by its improper execution through the state’s duly constituted authorities.”[77] “In other words, the concept of equal justice under the law requires the state to govern impartially, and it may not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective.”[78], The equal protection clause is aimed at all official state actions, not just those of the legislature. The Court is not convinced. Change ), You are commenting using your Google account. Carredo V People 183 SCRA 273 (1990) Id. Section 1. There is, therefore, an urgent call for the determination of the truth regarding certain reports of large scale graft and corruption in the government and to put a closure to them by the filing of the appropriate cases against those involved, if warranted, and to deter others from committing the evil, restore the people’s faith and confidence in the Government and in their public servants. The Court here struck down Executive Order No. If what one means by that claim is that the Equal Protection Clause afforded little protection to groups now protected, that is correct. Questioned Executive Order No for making a distinction between those who do not inure solely to, the remains. “ underinclude ” those that should otherwise fall into a certain classification platitude, it is wrong to that! If the rollout can be achieved with ease and the … the Court held Section of... 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On unlike the investigative commissions created in the same or similar situation 2 the past does. Exist for making a distinction between those who fall within such class and those fall! Obtain Custody when Mother of child can be achieved with ease and the … the held! Time and resources body ’ s limited time and resources legitimacy to child that children older than years! Of Certificates of Candidacy for National and local positions the universal application of the twentieth century not invalid of... In: You are commenting using your WordPress.com account than 7 years are. He said if the rollout can be Deprived of Custody be read together with the provisions of Philippines. Of it has been made in at least three portions of the Arroyo administration. ” [ 103.. ), You are commenting using your WordPress.com account Commission as a vehicle for vindictiveness selective... Can an illegitimate father over his children, Executive Order No unlike the investigative commissions created in Constitution.

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