Occena v. COMELEC

TOPICS: 1973 Constitution is the Fundamental Law, The 1973 Constitution vested the Interim Batasang Pambansa with the power to propose amendments upon a special call by the PM by a vote of the majority of its members, Doctrine of Proper Submission, 

FACTS:

Petitioners Samuel Occena and Ramon Gonzales, as taxpayers, challenged the validity of the 3 Batasang Pambansa Resolutions as follows:

1) Resolution No. 1 proposing an amendment allowing a natural-born citizen of the Philippines naturalized in a foreign country to own a limited area of land for residential purposes was approved by the vote of 122 to 5;

2) Resolution No. 2 dealing with the Presidency, the Prime Minister and the Cabinet, and the National Assembly by a vote of 147 to 5 with 1 abstention; and

3) Resolution No. 3 on the amendment to the Article on the Commission on Elections by a vote of 148 to 2 with 1 abstention

The petitioners questioned the power of the Interim Batasang Pambansa to propose the amendments being so extensive in character that they go beyond the limits of the authority conferred on them. The petitioners also a question on whether the people were properly informed on the amendments. 

ISSUE:

I. WON the power of the Interim BP to propose amendment was constitutional.

II. WON the proposed amendments overhaul the Constitution that it tantamount to a revision.

III. WON the change in the Constitution followed the requisite standard for a proper submission.

RULING:

I.

Yes, the 1973 Constitution in its Transitory Provisions vested the Interim National Assembly with the power to propose amendments upon special call by the Prime Minister by a vote of the majority of its members to be ratified in accordance with the Article on Amendments. 

II.

No, the issue on whether the Constitutional Convention will only propose amendments to the Constitution or entirely overhaul the present Constitution and propose an entirely new Constitution is of no moment because the same will be submitted to the people for ratification. Moreover, amendment includes revision. Once ratified by the sovereign people, there can be no debate about the validity of the new Constitution.

III.

Yes, any amendment to, or revision of, the Constitution shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not later than three months after the approval of such amendment or revision.

In this case, the three resolutions were approved by the Interim Batasang Pambansa sitting as a constituent assembly on February 5 and 27, 1981. In the Batasang Pambansa Blg. 22, the date of the plebiscite is set for April 7, 1981. It is thus within the 90-day period provided by the Constitution.

Moreover, the people were adequately informed and it cannot be denied that the proposed amendments have "been intensively and extensively discussed at the Interim Batasang Pambansa, as well as through the mass media”. Hence, it cannot, therefore, be said that the people are unaware of the advantages and disadvantages of the proposed amendments.

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DISCUSSION:

MAJORITY VOTE NEEDED TO PROPOSE AMENDMENTS: The Interim Batasang Pambansa, sitting as a constituent body, can propose amendments. In that capacity, only a majority vote is needed. It would be an indefensible proposition to assert that the three-fourth votes required when it sits as a legislative body applies as well when it has been convened as the agency through which amendments could be proposed. That is not a requirement as far as constitutional convention is concerned. It is not a requirement either when, as in this case, the Interim Batasang Pambansa.

Cabañas v. Pilapil

TOPICS: parens patriae

FACTS: 

Francisco Pilapil is the brother Florentino Pilapil who insured himself and instituted as beneficiary, his child. Upon Florentino’s death, the proceeds of the insurance were paid to him, where he acted as a trustee during the minority of his niece.

Thereafter, the mother of the minor, Melchora Cabañas, sought for the delivery of the insurance proceeds to her. The lower court ordered the Defendant to deliver the proceeds of the policy to the mother relying the Civil Code provisions that the father, in his absence, the mother, is the legal administrator of the property pertaining to the child under parental authority. The Defendant appealed.

ISSUE:

WON the mother is entitled to act as a trustee.

RULING:

Yes, the mother is entitled to act as a trustee over the insurance proceeds where her daughter is the beneficiary. 

The State as a parens patriae gives greater stress on family unity under the Constitution when the welfare of the child is the paramount consideration. 

In this case, there are opposing claims between a mother and an uncle over the insurance proceeds. Considering that that welfare of the child is the paramount consideration, the Court concluded that such welfare of the child called for the mother to be entrusted with such responsibility over the insurance proceeds. 

Hence, the mother should be the trustee over the insurance proceeds. 

Philippine Virginia Tobacco Administration v. CIR

TOPICS: Laissez faire concept; Welfare state concept; Rejection of the traditional classifications of constituent and ministrant governmental functions

FACTS: 

Respondents are claimants of overtime pay due to them from their employer, Philippine Virginia Tobacco Administration or PVTA.

PVTA denied the allegations and raised a defense that the court lacks jurisdiction as it is exercising governmental functions and thus, exempt from the payment of overtime compensation. 

ISSUE:

I. WON PVTA is exercising governmental functions.

II. WON PVTA is exempted from the payment of the overtime compensation.

RULING:

I.

Yes, PVTA performs governmental functions. 

Under a welfare state concept, the government has an expanded responsibility which includes the power of control over economic affairs. In this concept, the government may interfere in the affairs of industry and agriculture as well as to compete with existing business.

In this case, the economic policy of PVTA aims to encourage the production of local Virginia tobacco, establish its industry, and improve the quality of locally manufactured cigarettes. Hence, given the power to control economic affairs, which the government undertakes in its sovereign capacity, PVTA is performing a governmental function.  

II.

No.

The Eight-Hour Labor Law shall apply to all persons employed in any industry or occupation, whether public or private. 

In this case, the petitioner need not have required the private respondents to render overtime services. Thus, the private respondents deserve payment for overtime services. 

Therefore, the petitioner is not exempted from the payment of overtime compensation. 

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DISCUSSION:

Welfare state concept is antithetical to the laissez faire concept. 

Under a welfare state concept, the government is called upon to undertake in its sovereign capacity the areas which used to be left to private enterprise, such as the promotion of the welfare, progress, and prosperity of the people - traditionally identified as ministrant functions of the government. It entrusted to our government the responsibility of coping with social and economic problems with the commensurate power of control over economic affairs.

A laissez faire concept provides that economic affairs should be reserved or be left under the invisible hands of the private enterprises. 

The 1935 Constitution rejected the doctrine of laissez-faire when it entrusted to our government the responsibility of coping with social and economic problems with the commensurate power of control over economic affairs. 

The traditional classification of constituent and ministrant functions of the government under the Bacani ruling was declared unrealistic and obsolete due to the growing complexities of modern society. The government must undertake in its sovereign capacity some areas which used to be left to private enterprise if it is to meet the increasing social challenges of the times towards a greater socialization of economic forces.