Central Bank Vs Bangko Sentral 446 SCRA 229 (2004)

* Same; Enrolled Bill Doctrine; As early as 1947 and reiterated in subsequent cases, the Supreme Court
G.R. No. 148208. December 15, 2004. has subscribed to the conclusiveness of an enrolled bill to refuse invalidating a provision of law, on the
ground that the bill from which it originated contained no such provision and was merely inserted by the
CENTRAL BANK (now Bangko Sentral ng Pilipinas) EMPLOYEES ASSOCIATION, INC., bicameral conference committee of both Houses.—That the provision was a product of amendments
petitioner, vs.BANGKO SENTRAL NG PILIPINAS and the EXECUTIVE SECRETARY, introduced during the deliberation of the Senate Bill does not detract from its validity. As early as 1947 and
respondents. reiterated in subsequent cases, this Court has subscribed to the conclusiveness of an enrolled bill to refuse
invalidating a provision of law, on the ground that the bill from which it originated contained no such
provision and was merely inserted by the bicameral conference committee of both Houses.
Constitutional Law; Equal Protection Clause; The “equal protection” clause does not prevent the Same; Doctrine of Relative Constitutionality; A statute valid at one time may become void at another time
Legislature from establishing classes of individuals or objects upon which different rules shall operate—so because of altered circumstances.—The constitutionality of a statute cannot, in every instance, be
long as the classification is not unreasonable.—It is settled in constitutional law that the “equal protection” determined by a mere comparison of its provisions with applicable provisions of the Constitution, since the
clause does not prevent the Legislature from establishing classes of individuals or objects upon which statute may be constitutionally valid as applied to one set of facts and invalid in its application to another. A
different rules shall operate—so long as the classification is not unreasonable. As held in Victoriano v. statute valid at one time may become void at another time because of altered circumstances. Thus, if a
Elizalde Rope Workers’ Union, and reiterated in a long line of cases: The guaranty of equal protection of the statute in its practical operation becomes arbitrary or confiscatory, its validity, even
laws is not a guaranty of equality in the application of the laws upon all citizens of the state. It is not,
therefore, a requirement, in order to avoid the constitutional prohibition against inequality, that every man, 301
woman and child should be affected alike by a statute. Equality of operation of statutes does not mean
indiscriminate operation on persons merely as such, but on persons according to the circumstances
surrounding them. It guarantees equality, not identity of rights. The Constitution does not require that
things which are different in fact be treated in law as though they were the same. The equal protection
clause does not forbid discrimination as to things that are different. It does not prohibit legislation which is VOL. 446, DECEMBER 15, 2004 301
limited either in the object to which it is directed or by the territory within which it is to operate.
Same; In the case at bar, it is clear in the legislative deliberations that the exemption of officers (SG 20 Central Bank Employees Association, Inc. vs.
and above) from the SSL was intended to address the BSP’s lack of competitiveness in terms of attracting Bangko Sentral ng Pilipinas
competent officers and executives—it was not intended to discriminate against the rank-and-file, and the
resulting discrimination or distinction has a rational basis and is not palpably, purely, and entirely arbitrary
in the legislative sense.—Congress is allowed a though affirmed by a former adjudication, is open to inquiry and investigation in the light of changed
conditions.
_______________
Same; Same; Government Financial Institutions (GFIs); Salary Standardization Law (R.A. No. 6758); It
is noteworthy that the subsequent charters of the seven other GFIs share the common proviso of a blanket
* EN BANC. exemption of all their employees from the coverage of the SSL, expressly or impliedly.—We take judicial
notice that after the new BSP charter was enacted in 1993, Congress also undertook the amendment of the
charters of the GSIS, LBP, DBP and SSS, and three other GFIs, from 1995 to 2004, viz.: 1. R.A. No. 7907
300 (1995) for Land Bank of the Philippines (LBP); 2. R.A. No. 8282 (1997) for Social Security System (SSS); 3.
R.A. No. 8289 (1997) for Small Business Guarantee and Finance Corporation, (SBGFC); 4. R.A. No. 8291
(1997) for Government Service Insurance System (GSIS); 5. R.A. No. 8523 (1998) for Development Bank of
the Philippines (DBP); 6. R.A. No. 8763 (2000) for Home Guaranty Corporation (HGC); and 7. R.A. No. 9302
(2004) for Philippine Deposit Insurance Corporation (PDIC). It is noteworthy, as petitioner points out, that
300 SUPREME COURT REPORTS the subsequent charters of the seven other GFIs share this common proviso: a blanket exemption of all their
ANNOTATED employees from the coverage of the SSL, expressly or impliedly.
Same; Same; Same; Same; Standards of Review; Strict Scrutiny; Two-Tier Analysis; While the prior
Central Bank Employees Association, Inc. vs. view on the constitutionality of R.A. No. 7653 was confined to an evaluation of its classification between the
Bangko Sentral ng Pilipinas rank-and-file and the officers of the BSP, which was found reasonable because there were substantial
distinctions that made real differences between the two classes, subsequent enactments involving the
exemption of all rank and file employees of other GFIs constitute significant changes in circumstance that
wide leeway in providing for a valid classification. The equal protection clause is not infringed by considerably alter the reasonability of the continued operation of the last proviso of Section 15(c), Article II of
legislation which applies only to those persons falling within a specified class. If the groupings are Republic Act No. 7653, thereby exposing the proviso to more serious scrutiny.—The prior view on the
characterized by substantial distinctions that make real differences, one class may be treated and regulated constitutionality of R.A. No. 7653 was confined to an evaluation of its classification between the rank-and-file
differently from another. The classification must also be germane to the purpose of the law and must apply and the officers of the BSP, found reasonable because there were substantial distinctions that made real
to all those belonging to the same class. In the case at bar, it is clear in the legislative deliberations that the differences between the two classes. The above-mentioned subsequent enactments, however, constitute
exemption of officers (SG 20 and above) from the SSL was intended to address the BSP’s lack of significant changes in circumstance that considerably alter the reasonability of the continued operation of the
competitiveness in terms of attracting competent officers and executives. It was not intended to discriminate last proviso of Section 15(c), Article II of Republic Act
against the rank-and-file. If the end-result did in fact lead to a disparity of treatment between the officers
and the rank-and-file in terms of salaries and benefits, the discrimination or distinction has a rational basis 302
and is not palpably, purely, and entirely arbitrary in the legislative sense.
policy determination made by Congress or by the Executive; it cannot run riot and overrun the ramparts of
302 SUPREME COURT REPORTS protection of the Constitution. In fine, the “policy determination” argument may support the inequality of
ANNOTATED treatment between the rank-and-file and the officers of the BSP, but it cannot justify the inequality of
treatment between BSP rank-and-file and other GFIs’ who are similarly situated. It fails to appreciate that
Central Bank Employees Association, Inc. vs. what is at issue in the second level of scrutiny is not the declared policy of each law per se, but the oppressive
results of Congress’ inconsistent and unequal policy towards the BSP rank-and-file and those of the seven
Bangko Sentral ng Pilipinas other GFIs. At bottom, the second challenge to the constitutionality of Section 15(c), Article II of Republic
Act No. 7653 is premised precisely on the irrational discriminatory policy adopted by Congress in its
treatment of persons similarly situated. In the field of equal protection, the guarantee that “no person shall
No. 7653, thereby exposing the proviso to more serious scrutiny.The scrutiny relates to the
be . . . denied the equal protection of the laws” includes the prohibition against enacting laws that allow
constitutionality of the classification—albeit made indirectly as a consequence of the passage of eight other
invidious discrimination, directly or indirectly. If a law has the effect of denying the equal protection of the
laws—between the rank-and-file of the BSP and the seven other GFIs. The classification must not only be
law, or permits such denial, it is unconstitutional.
reasonable, but must also apply equally to all members of the class. The provisomay be fair on its face and
impartial in appearance but it cannot be grossly discriminatory in its operation, so as practically to make
304
unjust distinctions between persons who are without differences.
Same; Same; Same; Same; Same; Same; Same; The second level of inquiry deals with the following
questions—Given that Congress chose to exempt other GFIs (aside the BSP) from the coverage of the SSL, can 304 SUPREME COURT REPORTS
the exclusion of the rank-and-file employees of the BSP stand constitutional scrutiny in the light of the fact
that Congress did not exclude the rank-and-file employees of the other GFIs? Is Congress’ power to classify so
ANNOTATED
unbridled as to sanction unequal and discriminatory treatment, simply because the inequity manifested itself,
not instantly through a single overt act, but gradually and progressively, through seven separate acts of Central Bank Employees Association, Inc. vs.
Congress? Is the right to equal protection of the law bounded in time and space?—Stated differently, the Bangko Sentral ng Pilipinas
second level of inquiry deals with the following questions: Given that Congress chose to exempt other GFIs
(aside the BSP) from the coverage of the SSL, can the exclusion of the rankand-file employees of the BSP
stand constitutional scrutiny in the light of the fact that Congress did not exclude the rank-and-file Same; Same; Same; Same; Same; Same; Same; As regards the exemption from the coverage of the SSL,
employees of the other GFIs? Is Congress’ power to classify so unbridled as to sanction unequal and there exists no substantial distinctions so as to differentiate the BSP rank-and-file from the other rank-and-
discriminatory treatment, simply because the inequity manifested itself, not instantly through a single overt file of the seven GFIs—our legal history shows that GFIs have long been recognized as comprising one distinct
act, but gradually and progressively, through seven separate acts of Congress? Is the right to equal class, separate from other government entities.—It is against this standard that the disparate treatment of
protection of the law bounded in time and space that: (a) the right can only be invoked against a the BSP rank-and-file from the other GFIs cannot stand judicial scrutiny. For as regards the exemption
classification made directly and deliberately, as opposed to a discrimination that arises indirectly, or as a from the coverage of the SSL, there exist no substantial distinctions so as to differentiate, the BSP rank-
consequence of several other acts; and (b) is the legal analysis confined to determining the validity within and-file from the other rank-and-file of the seven GFIs. On the contrary, our legal history shows that GFIs
the parameters of the statute or ordinance (where the inclusion or exclusion is articulated), thereby have long been recognized as comprising one distinct class, separate from other governmental entities.
proscribing any evaluation vis-à-vis the grouping, or the lack thereof, among several similar enactments
Same; Same; Same; Same; Same; Same; The argument that the rank-and-file employees of the seven
made over a period of time?
GFIs were exempted because of the importance of their institution’s mandate cannot stand any more than an
empty sack can stand.—It has been proffered that legislative deliberations justify the grant or withdrawal of
303
exemption from the SSL, based on the perceived need “to fulfill the mandate of the institution concerned
considering, among others, that: (1) the GOCC or GFI is essentially proprietary in character; (2) the GOCC or
GFI is in direct competition with their [sic] counterparts in the private sector, not only in terms of the
VOL. 446, DECEMBER 15, 2004 303 provisions of goods or services, but also in terms of hiring and retaining competent personnel; and (3) the
GOCC or GFI are or were [sic] experiencing difficulties filling up plantilla positions with competent personnel
Central Bank Employees Association, Inc. vs. and/or retaining these personnel. The need for the scope of exemption necessarily varies with the particular
Bangko Sentral ng Pilipinas circumstances of each institution, and the corresponding variance in the benefits received by the employees is
merely incidental.” The fragility of this argument is manifest. First, the BSP is the central monetary
authority, and the banker of the government and all its political subdivisions. It has the sole power and
Same; Same; Same; Same; Same; Same; Same; Separation of Powers; In the second level of scrutiny, the authority to issue currency; provide policy directions in the areas of money, banking, and credit; and
inequality of treatment cannot be justified on the mere assertion that each exemption rests “on a policy supervise banks and regulate finance companies and non-bank financial institutions performing quasi-
consideration by the legislature”—there is nothing inherently sacrosanct in a policy determination by banking functions, including the exempted GFIs. Hence, the argument that the rank-and-file employees of
Congress or by the Executive as it cannot run riot and overrun the ramparts of protection of the Constitution; the seven GFIs were exempted because of the importance of their institution’s mandate cannot stand any
The “policy determination” argument may support the inequality of treatment between the rank-and-file and more than an empty sack can stand.
the offices of the BSP, but it cannot justify the inequality of treatment between BSP rank-and-file and other
GFIs’ who are similarly situated; In the field of equal protection, the guarantee includes the prohibition 305
against enacting laws that allow invidious discrimination directly or indirectly.—In this second level of
scrutiny, the inequality of treatment cannot be justified on the mere assertion that each exemption (granted
to the seven other GFIs) rests “on a policy determination by the legislature.” All legislative enactments VOL. 446, DECEMBER 15, 2004 305
necessarily rest on a policy determination—even those that have been declared to contravene the
Constitution. Verily, if this could serve as a magic wand to sustain the validity of a statute, then no due Central Bank Employees Association, Inc. vs.
process and equal protection challenges would ever prosper. There is nothing inherently sacrosanct in a
Bangko Sentral ng Pilipinas Same; Same; Same; Same; Same; Same; As regards the exemption from the SSL, there are no
characteristics peculiar only to the seven GFIs or their rank-and-file so as to justify the exemption which BSP
rank-and-file employees were denied—the distinction made by the law is not only superficial, but also
Same; Same; Same; Same; Same; Same; It is patent that the classification made between the BSP rank- arbitrary.—In the case at bar, it is precisely the fact that as regards the exemption from the SSL, there are
and-file and those of the other seven GFIs was inadvertent, and not intended, i.e., it was not based on any no characteristics peculiar only to the seven GFIs or their rank-and-file so as to justify the exemption which
substantial distinction vis-à-vis the particular circumstances of each GFI.—It is certainly misleading to say BSP rank-and-file employees were denied (not to mention the anomaly of the SEC getting one). The
that “the need for the scope of exemption necessarily varies with the particular circumstances of each distinction made by the law is not only superficial, but also arbitrary. It is not based on substantial
institution.” Nowhere in the deliberations is there a cogent basis for the exclusion of the BSP rank-and-file distinctions that make real differences between the BSP rank-and-file and the seven other GFIs.
from the exemption which was granted to the rank-and-file of the other GFIs and the SEC. As point in fact,
the BSP and the seven GFIs are similarly situated in so far as Congress deemed it necessary for these Same; Same; Same; Same; Same; Same; Separation of Powers; While the granting of a privilege per se is
institutions to be exempted from the SSL. True, the SSL-exemption of the BSP and the seven GFIs was a matter of policy exclusively within the domain and prerogative of Congress, the validity or legality of the
granted in the amended charters of each GFI, enacted separately and over a period of time. But it bears exercise of this prerogative is subject to judicial review; The disparity in treatment between BSP rank-and-file
emphasis that, while each GFI has a mandate different and distinct from that of another, the deliberations and the rank-and-file of the other seven GFIs definitely bear the unmistakable badge of invidious
show that the raison d’être of the SSL-exemption was inextricably linked to and for the most part basedon discrimination.—It bears stressing that the ex-
factors common to the eight GFIs, i.e., (1) the pivotal role they play in the economy; (2) the necessity of
hiring and retaining qualified and effective personnel to carry out the GFI’s mandate; and (3) the 307
recognition that the compensation package of these GFIs is not competitive, and fall substantially below
industry standards. Considering further that (a) the BSP was the first GFI granted SSL exemption; and (b)
the subsequent exemptions of other GFIs did not distinguish between the officers and the rank-and-file; it is
patent that the classification made between the BSP rank-and-file and those of the other seven GFIs was VOL. 446, DECEMBER 15, 2004 307
inadvertent, and NOT intended, i.e., it was not based on any substantial distinction vis-à-vis the particular
circumstances of each GFI. Moreover, the exemption granted to two GFIs makes express reference
to allowance and fringe benefits similar to those extended to and currently enjoyed by the employees and
Central Bank Employees Association, Inc. vs.
personnel of other GFIs, underscoring that GFIs are a particular class within the realm of government Bangko Sentral ng Pilipinas
entities.
Same; Same; Same; Same; Same; Same; It is precisely the unpremeditated discrepancy in treatment of emption from the SSL is a “privilege” fully within the legislative prerogative to give or deny. However,
the rank-and-file of the BSP—made manifest and glaring with each and every consequential grant of blanket its subsequent grant to the rank-and-file of the seven other GFIs and continued denial to the BSP rank-and-
exemption from the SSL to the other GFIs—that cannot be rationalized or justified. If Congress had enacted a file employees breached the latter’s right to equal protection. In other words, while the granting of a
law for the sole purpose of exempting the eight GFIs from the coverage of the SSL, the exclusion of the BSP privilege per seis a matter of policy exclusively within the domain and prerogative of Congress, the validity
rank-and-file employees would have or legality of the exercise of this prerogative is subject to judicial review. So when the distinction made is
superficial, and not based on substantial distinctions that make real differences between those included and
306
excluded, it becomes a matter of arbitrariness that this Court has the duty and the power to correct. As held
in the United Kingdom case of Hooper v. Secretary of State for Work and Pensions, once the State has chosen
to confer benefits, “discrimination” contrary to law may occur where favorable treatment already afforded to
one group is refused to another, even though the State is under no obligation to provide that favorable
306 SUPREME COURT REPORTS treatment. The disparity of treatment between BSP rank-and-file and the rank-and-file of the other seven
ANNOTATED GFIs definitely bears the unmistakable badge of invidious discrimination—no one can, with candor and
fairness, deny the discriminatory character of the subsequent blanket and total exemption of the seven other
GFIs from the SSL when such was withheld from the BSP. Alikes are being treated as unalikes without any
Central Bank Employees Association, Inc. vs. rational basis.
Bangko Sentral ng Pilipinas Same; Standards of Review; In our jurisdiction, the standard and analysis of equal protection challenges
in the main have followed the “rational basis” test, coupled with a deferential attitude to legislative
classifications.—In our jurisdiction, the standard and analysis of equal protection challenges in the main
been devoid of any substantial or material basis.—It is precisely this unpremeditated discrepancy in
have followed the “rational basis” test, coupled with a deferential attitude to legislative classifications and a
treatment of the rank-and-file of the BSP—made manifest and glaring with each and every consequential
reluctance to invalidate a law unless there is a showing of a clear and unequivocal breach of the
grant of blanket exemption from the SSL to the other GFIs—that cannot be rationalized or justified. Even
Constitution.
more so, when the SEC—which is not a GFI—was given leave to have a compensation plan that “shall be
comparable with the prevailing compensation plan in the [BSP] and other [GFIs],” then granted a blanket Same; Same; International Law; The equality provisions in the international instruments do not merely
exemption from the SSL, and its rank-and-file endowed a more preferred treatment than the rank-and-file function as traditional “first generation” rights, commonly viewed as concerned only with constraining rather
of the BSP. The violation to the equal protection clause becomes even more pronounced when we are faced than requiring State action—they imposed a measure of positive obligation on States Parties to take steps to
with this undeniable truth: that if Congress had enacted a law for the sole purpose of exempting the eight eradicate discrimination.—Most, if not all, international human rights instruments include some prohibition
GFIs from the coverage of the SSL, the exclusion of the BSP rank-and-file employees would have been on discrimination and/or provisions about equality. The general international provisions pertinent to
devoid of any substantial or material basis. It bears no moment, therefore, that the unlawful discrimination
was not a direct result arising from one law. “Nemo potest facere per alium quod non potest facere per 308
directum.” No one is allowed to do indirectly what he is prohibited to do directly.
308 SUPREME COURT REPORTS Same; Same; Same; Legal Research; Foreign Jurisprudence;Foreign decisions and authorities are not per
ANNOTATED se controlling in this jurisdiction—at best, they are persuasive and have been used to support many of our
decisions—and we should not place undue and fawning reliance upon them and regard them as
indispensable mental crutches without which we cannot come to our own decisions through the employment of
Central Bank Employees Association, Inc. vs. our own endowments.—Admittedly, the view that prejudice to persons accorded special protection by the
Bangko Sentral ng Pilipinas Constitution requires a stricter judicial scrutiny finds no support in American or English jurisprudence.
Nevertheless, these foreign decisions and authorities are not per se controlling in this jurisdiction. At best,
they are persuasive and have been used to support many of our decisions. We should not place undue and
discrimination and/or equality are the International Covenant on Civil and Political Rights (ICCPR); fawning reliance upon them and regard them as indispensable mental crutches without which we cannot
the International Covenant on Economic, Social and Cultural Rights (ICESCR); the International come to our own decisions through the employment of our own endowments. We live in a different ambience
Convention on the Elimination of all Forms of Racial Discrimination (CERD); the Convention on the and must decide our own problems in the light of our own interests and needs, and of our qualities and even
Elimination of all Forms of Discrimination against Women (CEDAW); and the Convention on the Rights of idiosyncrasies as a people, and always with our own concept of law and justice. Our laws must be construed
the Child (CRC). In the broader international context, equality is also enshrined in regional in accordance with the intention of our own lawmakers and such intent may be deduced from the language
instruments such as the American Convention on Human Rights; the African Charter on Human and of each law and the context of other local legislation related thereto. More importantly, they must be
People’s Rights; the European Convention on Human Rights; the European Social Charter of 1961 and construed to serve our own public interest
revised Social Charter of 1996; and the European Union Charter of Rights (of particular importance to
European states). Even the Council of the League of Arab States has adopted the Arab Charter on Human 310
Rights in 1994, although it has yet to be ratified by the Member States of the League. The equality
provisions in these instruments do not merely function as traditional “first generation” rights, commonly
viewed as concerned only with constraining rather than requiring State action. Article 26 of the ICCPR
requires “guarantee[s]” of “equal and effective protection against discrimination” while Articles 1 and 14 of
the American and European Conventions oblige States Parties “to ensure . . . the full and free exercise of 310 SUPREME COURT REPORTS
[the rights guaranteed] . . . without any discrimination” and to “secure without discrimination” the ANNOTATED
enjoyment of the rights guaranteed. These provisions impose a measure of positive obligation on States
Parties to take steps to eradicate discrimination. Central Bank Employees Association, Inc. vs.
Same; Same; Same; Two-Tier Analysis; The two-tier analysis made in the case at bar of the challenged Bangko Sentral ng Pilipinas
provision, and its conclusion of unconstitutionality by subsequent operation, are in cadence and in
consonance with the progressive trend of other jurisdictions and in international law.—Thus, the two-tier
analysis made in the case at bar of the challenged provision, and its conclusion of unconstitutionality by which is the be-all and the end-all of all our laws. And it need not be stressed that our public interest is
subsequent operation, are in cadence and in consonance with the progressive trend of other jurisdictions and distinct and different from others.
in international law. There should be no hesitation in using the equal protection clause as a major cutting Same; Same; Same; Same; Judicial Activism; The quest for a better and more “equal” world calls for the
edge to eliminate every conceivable irrational discrimination in our society. Indeed, the social justice use of equal protection as a tool of effective judicial intervention.—Further, the quest for a better and more
imperatives in the Constitution, coupled with the special status and protection afforded to labor, compel this “equal” world calls for the use of equal protection as a tool of effective judicial intervention. Equality is one
approach. ideal which cries out for bold attention and action in the Constitution. The Preamble proclaims “equality” as
an ideal precisely in protest against crushing inequities in Philippine society. The command to promote
309
social justice in Article II, Section 10, in “all phases of national development,” further explicated in Article
XIII, are clear commands to the State to take affirmative action in the direction of greater equality . . . .
[T]here is thus in the Philippine Constitution no lack of doctrinal support for a more vigorous state effort
VOL. 446, DECEMBER 15, 2004 309 towards achieving a reasonable measure of equality.
Same; Same; Social Justice; Under the policy of social justice, the law bends over backward to
Central Bank Employees Association, Inc. vs. accommodate the interests of the working class on the humane justification that those with less privilege in
Bangko Sentral ng Pilipinas life should have more in law.—Our present Constitution has gone further in guaranteeing vital social and
economic rights to marginalized groups of society, including labor. Under the policy of social justice, the law
bends over backward to accommodate the interests of the working class on the humane justification that
Same; Same; Separation of Powers; The deference to Congressional discretion stops where the those with less privilege in life should have more in law. And the obligation to afford protection to labor is
classification violates a fundamental right, or prejudices persons accorded special protection by the incumbent not only on the legislative and executive branches but also on the judiciary to translate this
Constitution, and when these violations arise, the Supreme Court must discharge its primary role as the pledge into a living reality. Social justice calls for the humanization of laws and the equalization of social
vanguard of constitutional guaranties, and require a stricter and more exacting adherence to constitutional and economic forces by the State so that justice in its rational and objectively secular conception may at
limitations—rational basis should not suffice.—Congress retains its wide discretion in providing for a valid least be approximated.
classification, and its policies should be accorded recognition and respect by the courts of justice except when
Same; Same; Same; Under most circumstances, the Court will exercise judicial restraint in deciding
they run afoul of the Constitution. The deference stops where the classification violates a fundamental right,
questions of constitutionality, recognizing the broad discretion given to Congress in exercising its legislative
or prejudices persons accorded special protection by the Constitution. When these violations arise, this Court
power.—Concerns have been raised as to the propriety of a ruling voiding the challenged provision. It has
must discharge its primary role as the vanguard of constitutional guaranties, and require a stricter and
been proffered that the remedy of petitioner is not with this Court, but with Congress, which alone has the
more exacting adherence to constitutional limitations. Rational basis should not suffice.
power to erase any inequity perpetrated by R.A. No. 7653. Indeed, a bill proposing the exemption of the BSP
rank-
311 applicable under the Constitution. From the manner in which it has been utilized in American and
Philippine jurisprudence, however, this novel theory finds relevance only when the factual situation covered
by an assailed law changes, not when another law is passed pertaining to subjects not directly covered by
the former. Thus, the theory applies only when circumstances that were specifically addressed upon the
VOL. 446, DECEMBER 15, 2004 311 passage of the law change. It does not apply to changes or alterations extraneous to those specifically
addressed.
Central Bank Employees Association, Inc. vs. Same; A statute that is declared invalid because of a change in circumstances affecting its validity
belongs only to a class of emergency laws; Unlike congested traffic or motor-driven vehicles on public roads,
Bangko Sentral ng Pilipinas the payment of salaries at differing scales in various GFIs vis-à-vis in the BSP, is not such a change in
conditions as would cause deprivation of property without due process of law.—With due respect,
the ponencia’s reference to “changed conditions” is totally misplaced. In the above-cited US cases, this
and-file from the SSL has supposedly been filed. Under most circumstances, the Court will exercise
phrase never referred to subsequent laws or executive pronouncements, but rather to the facts and
judicial restraint in deciding questions of constitutionality, recognizing the broad discretion given to
circumstances that the law or ordinance specifically addressed upon its passage or adoption. A statute that
Congress in exercising its legislative power. Judicial scrutiny would be based on the “rational basis” test,
is declared invalid because of a change in circumstances affecting its validity belongs only to a class of
and the legislative discretion would be given deferential treatment. But if the challenge to the statute is
emergency laws. Being a manifestation of the State’s exercise of its police power, it is valid at the time of its
premised on the denial of a fundamental right, or the perpetuation of prejudice against persons favored by the
enactment. In contrast thereto, RA 7653 cannot be regarded as an emergency measure that is merely
Constitution with special protection, judicial scrutiny ought to be more strict. A weak and watered down view
temporary in operation. It is not even a statute limited to the exigency that brought it about. The
would call for the abdication of this Court’s solemn duty to strike down any law repugnant to the
Constitution and the rights it enshrines. This is true whether the actor committing the unconstitutional act
313
is a private person or the government itself or one of its instrumentalities. Oppressive acts will be struck
down regardless of the character or nature of the actor.
Same; Same; Same; Considering that majority, if not all, the rank-and-file employees consist of people
whose status and rank in life are less and limited, especially in terms of job marketability, it is they—and not
the officers—who have the real economic and financial need for the adjustment.—In the case at bar, the VOL. 446, DECEMBER 15, 2004 313
challenged proviso operates on the basis of the salary grade or officer-employee status. It is akin to a
distinction based on economic class and status, with the higher grades as recipients of a benefit specifically Central Bank Employees Association, Inc. vs.
withheld from the lower grades. Officers of the BSP now receive higher compensation packages that are Bangko Sentral ng Pilipinas
competitive with the industry, while the poorer, low-salaried employees are limited to the rates prescribed
by the SSL. The implications are quite disturbing: BSP rank-and-file employees are paid the strictly
regimented rates of the SSL while employees higher in rank—possessing higher and better education and facts and circumstances it specifically addressed upon its passage have not been shown to have changed
opportunities for career advancement—are given higher compensation packages to entice them to at all. Hence, the assailed provision of such a declaratory statute cannot be invalidated. Unlike congested
stay. Considering that majority, if not all, the rank-and-file employees consist of people whose status and traffic or motor-driven vehicles on public roads, the payment of salaries at differing scales in various
rank in life are less and limited, especially in terms of job marketability, it is they—and not the officers—who GFIs vis-à-vis in the BSP, is not such a change in conditions as would cause deprivation of property without
have the real economic and financial need for the adjustment. This is in accord with the policy of the due process of law. Petitioner’s members have not been deprived of their right to income as mandated by
Constitution “to free the people from poverty, provide adequate social services, extend to them a decent law. They have not received less than what they were entitled to ever since RA 7653 was passed eleven years
standard of living, and improve the quality of life for all.” Any act of Congress that runs counter to this ago.
constitutional desideratum deserves strict scrutiny by this Court before it can pass muster.
Same; Separation of Powers; Applying the concept of relative constitutionality strongly advocated in the
312 ponencia not only goes beyond the parameters of traditional constitutionalism, but also finds no express basis
in positive law; In a constitutional order that commands respect for coequal branches of government,
speculation by the judiciary becomes incendiary and deserves no respectable place in our judicial chronicles.
312 SUPREME COURT REPORTS ANNOTATED —Applying the concept of relative constitutionality strongly advocated in the ponencia, therefore, not only
goes beyond the parameters of traditional constitutionalism, but also finds no express basis in positive law.
Central Bank Employees Association, Inc. vs. Bangko While it has been asserted that “a statute valid when enacted may become invalid by change in conditions to
Sentral ng Pilipinas which it is applied,” the present case has shown no such change in conditions that would warrant the
invalidation of the assailed provision if applied under such conditions. Hence, no semblance of constitutional
impuissance, other than its conjured possibility, can be seen. In a constitutional order that commands
PANGANIBAN, J., Dissenting Opinion: respect for coequal branches of government, speculation by the judiciary becomes incendiary and deserves no
respectable place in our judicial chronicles.
Doctrine of Relative Constitutionality; From the manner in which it has been utilized in American and Same; International Law; Government employees at the BSP with salary grades 19 and below are not
Philippine jurisprudence, the novel theory of relative constitutionality finds relevance only when the factual entities vested with international personality—any possible discrimination as to them, in the light of the
situation covered by an assailed law changes, not when another law is passed pertaining to subjects not principles and application of international law would be too far-fetched.—The ponencia further contends
directly covered by the former.—The ponencia advocates the application of the theory of relative that the principles of international law can operate to render a valid law unconstitutional. The generally
constitutionality to the present case. The theory says that a statute valid at one time may become accepted definition states that international law is a body of legal rules that apply between sovereign states
unconstitutional at another, because of altered circumstances or changed conditions that make the practical and such other entities as have been granted international personality. Government employees at the BSP
operation of such a statute arbitrary or confiscatory. Thus, the provisions of that statute, which may be with salary grades 19 and below are
valid as applied to one set of facts but invalid as applied to another, cannot be merely compared with those
public opinion. The electorate can refuse to return to Congress members who, in their view, have been
314 remiss in the discharge of their constitutional duties. Our Constitution presumes that, absent any inference
of antipathy, improvident legislative decisions “will eventually be rectified by the democratic processes”; and
that judicial intervention is unwarranted, no matter how unwisely a political branch may have acted.
Same; Same; Same; To compel this Court to make a more decisive but unnecessary action in advance of
314 SUPREME COURT REPORTS what Congress will do is a downright derogation of the Constitution itself, for it converts the judiciary into a
ANNOTATED super-legislature and invests it with a power that to it has never belonged.—It is only the legislature, not the
courts, that “must be appealed to for the change.” If, however, Congress decides to act, the choice of
appropriate measure lies within its discretion. Once determined, the measure chosen cannot be attacked on
Central Bank Employees Association, Inc. vs. the ground that it is not the best solution, or that it is unwise or inefficacious. A law that advances a
Bangko Sentral ng Pilipinas legitimate governmental interest will be sustained, even if it “works to the disadvantage of a particular
group, or x x x the rationale for it seems tenuous.” To compel this Court to make a more decisive but
unnecessary action in advance of what Congress will do is a downright derogation of the Constitution itself,
not such entities vested with international personality; any possible discrimination as to them, in the for it converts the judiciary into a super-legislature and invests it with a power that to it has never
light of the principles and application of international law would be too far-fetched. belonged.
Same; The ponencia overlooks the fact that the Bangko Sentral is not a GFI but a regulatory body of Same; It is equally true that the levels of difficulty and responsibility for BSP employees with salary
GFIs and other financial-banking institutions—it should not be compared with them as there is no parity.— grades 19 and below are different from those of other BSP employees with salary grades 20 and above; To
The dangerous consequences of the majority’s Decision in the present case cannot and should not be ignored. assert, as petitioner does, that the statutory classification is just an “artifice based on arbitrariness,” without
Will there now be an automatic SSL exemption for employees of other GFIs and financial regulatory more, is nothing more than throwing a few jabs at an imaginary foe.—While it is true that all employees of
agencies? Will such exemption not infringe on Congress’ prerogative? The ponencia overlooks the fact that the BSP are appointed under the authority of the Monetary Board, observe the same set of office rules and
the Bangko Sentral is not a GFI, but a regulatory body of GFIs and other financial/banking regula-
institutions. Therefore, it should not be compared with them. There is no parity. The Bangko Sentral is more
akin to the Insurance Commission, the National Telecommunications Commission, and the Energy 316
Regulatory Commission. Should not more appropriate comparisons be made with such regulatory bodies and
their employees?
Same; Separation of Powers; Judicial Activism; The trust reposed in this Court is “not to formulate
policy but to determine its legality as tested by the Constitution”; Judicial activism should not be allowed to 316 SUPREME COURT REPORTS
become judicial exuberance.—The trust reposed in this Court is “not to formulate policy but to determine its
ANNOTATED
legality as tested by the Constitution.” “It does not extend to an unwarranted intrusion into that broad and
legitimate sphere of discretion enjoyed by the political branches to determine the policies to be pursued. This
Court should ever be on the alert lest, without design or intent, it oversteps the boundary of judicial Central Bank Employees Association, Inc. vs.
competence.” Judicial activism should not be allowed to become judicial exuberance. “As was so well put by Bangko Sentral ng Pilipinas
Justice Malcolm: ‘Just as the Supreme Court, as the guardian of constitutional rights, should not sanction
usurpations by any other department of the government, so should it as strictly confine its own sphere of
influence to the powers expressly or by implication conferred on it by the Organic Act.’ ” tions, and perform their work in practically the same offices, it is equally true that the levels of difficulty
Same; Same; Same; The remedy against any perceived legislative failure to enact corrective legislation is and responsibility for BSP employees with salary grades 19 and below are different from those of other BSP
a resort, not to the Supreme Court, but to the bar of public opinion.—Since Congress itself did not commit employees with salary grades 20 and above. All those classes of position belonging to the Professional
any constitutional violation or gravely abusive conduct when it enacted RA 7653, it should not be summarily Supervisory Category of the Position Classification System under RA 6758, for instance, are obviously not
blamed subjected to the same levels of difficulty, responsibility, and qualification requirements as those belonging to
the Professional Non-Supervisory Category, although to both categories are assigned positions that include
315
salary grades 19 and 20. To assert, as petitioner does, that the statutory classification is just an “artifice
based on arbitrariness,” without more, is nothing more than throwing a few jabs at an imaginary foe.
Same; The BSP and the GFIs cited in the ponencia do not belong to the same category of government
institutions, although it may be said that both are, broadly speaking, “involved” in banking and finance—
while the former performs primarily governmental or regulatory functions, the latter execute purely
VOL. 446, DECEMBER 15, 2004 315
proprietary ones.—In like manner, petitioner’s denunciation of the proviso for allegedly discriminating
against its members vis-à-vis the rank and filers of other GFIs ignores the fact that the BSP and the GFIs
Central Bank Employees Association, Inc. vs. cited in the ponencia do not belong to the same category of government institutions, although it may be said
Bangko Sentral ng Pilipinas that both are, broadly speaking, “involved” in banking and finance. While the former performs primarily
governmental or regulatory functions, the latter execute purely proprietary ones.
Same; Judicial Review; Canons of Judicial Avoidance; One such canon of avoidance is that the Court
for what the ponencia calls “altered circumstances.” Congress should be given the opportunity to correct
must not anticipate a question of constitutional law in advance of the necessity of deciding it; Applying to this
the problem, if any. I repeat, I am not against exemption from the SSL of Bangko Sentral employees with
case the contours of constitutional avoidance Brandeis brilliantly summarized, this Court may choose to
salary grades 19 and below. Neither am I against increases in their pay. However, it is Congress, not this
ignore the constitutional question presented by petitioner, since there is indeed some other ground upon which
Court, that should provide a solution to their predicament, at least in the first instance. The remedy against
this case can be disposed of.—In the United States more than sixty years ago, Justice Brandeis delineated
any perceived legislative failure to enact corrective legislation is a resort, not to this Court, but to the bar of
the famous canons of avoidance under which their Supreme Court had refrained from passing upon provision. This Court should bide its time, for it has neither the authority nor the competence to
constitutional questions. One such canon is that the Court must “not anticipate a question of constitutional contemplate laws, much less to create or amend them. Given the current status of these pending bills, the
law in advance of the necessity of deciding it x x x. It is not the habit of the Court to decide questions of a arguments raised by petitioner against the assailed provision become all the more tenuous and amorphous. I
constitutional nature feel we should leave that provision untouched, and instead just accord proper courtesy to our legislators to
determine at the proper time and in the manner they deem best the appropriate content of any modifications
317 to it. Besides, there is an omnipresent presumption of constitutionality in every legislative enactment. No
confutation of the proviso was ever shown before; none should be considered now.
Same; Same; Same; A judicial determination is fallow when inspired by purely cerebral casuistry or
emotional puffery, especially during rowelling times.—It would be wise “not to anticipate the serious
VOL. 446, DECEMBER 15, 2004 317 constitutional law problems that would arise under situations where only a tentative judgment is dictated by
prudence.” Attempts “at abstraction could only lead to dialectics and barren legal questions and to sterile
Central Bank Employees Association, Inc. vs. conclusions unrelated to actualities.” A judicial determination is fallow when inspired by purely cerebral
casuistry or emotional puffery, especially during rowelling times.
Bangko Sentral ng Pilipinas
Same; Same; Standards of Review; Under the first tier or the rational relationship or rational basis test,
courts will uphold a classification if it bears a rational relationship to an accepted governmental end—it
unless absolutely necessary to a decision of the case.” In addition, the Court must not “pass upon a must be “rationally related to a legitimate state interest.”—Under the first tier or the rational relationship or
constitutional question although properly presented by the record, if there is also present some other ground rational basis test, courts will uphold a classification if it bears a rational relationship to an accepted
upon which the case may be disposed of.” Applying to this case the contours of constitutional avoidance governmental end. In other words, it must be “rationally related to a legitimate state interest.” To be
Brandeis brilliantly summarized, this Court may choose to ignore the constitutional question presented by reasonable, such classification must be (1) based on substantial distinction that makes for real differences;
petitioner, since there is indeed some other ground upon which this case can be disposed of—its clear lack of (2) germane to the purposes of the law; (3) not limited to existing conditions only; and (4) equally applicable
urgency, by reason of which Congress should be allowed to do its primary task of reviewing and possibly to all members of the same class.
amending the law.
319
Same; Same; Same; Since the authority to declare a legal provision void is of a “delicate and awful
nature,” the Court should “never resort to that authority, but in a clear and urgent case.”—Taking cognizance
of this case and disposing of, or altogether ignoring, the constitutional question leads us to the same
inevitable conclusion: the assailed provision should not be declared “unconstitutional, unless it is clearly so.” VOL. 446, DECEMBER 15, 2004 319
Whichever path is chosen by this Court, I am of the firm belief that such provision cannot and should not be
declared unconstitutional. Since the authority to declare a legal provision void is of a “delicate and awful Central Bank Employees Association, Inc. vs.
nature,” the Court should “never resort to that authority, but in a clear and urgent case.” If ever there is Bangko Sentral ng Pilipinas
doubt—and clearly there is, as manifested herein by a sharply divided Court—“the expressed will of the
legislature should be sustained.”
Same; Same; Same; Future changes in both legislation and its executive implementation should certainly Same; Same; Same; The retention of the best and the brightest officials in an independent central
not be the benchmark for a preemptive declaration of unconstitutionality, especially when the said provision monetary authority is a valid governmental objective that can be reasonably met by a corresponding
is not even constitutionally infirm to begin with.—Indeed, this Court is of the unanimous opinion that the exemption from a salary standardization scheme that is based on graduated salary levels.—Murphy states
assailed provision was at the outset constitutional; however, with recent amendments to related laws, the that when a governmental classification is attacked on equal protection grounds, such classification is in
majority now feels that said provision could no longer pass constitutional muster. To nail my colors to the most instances reviewed under the standard rational basis test. Accordingly, courts will not overturn that
mast, such proclivity to declare it immediately unconstitutional not only imprudently creeps into the classification, unless the varying treatments of different groups are so unrelated to the achievement of any
legislative sphere, but also sorely clings to the strands of obscurantism. Future changes in both legislation legitimate purpose that the courts can only conclude that the governmental actions are irrational. A
and its executive implementation should certainly not be the benchmark for a preemptive declaration of classification must “be reasonable, not arbitrary, and x x x rest upon some ground of difference having a fair
unconstitutionality, especially when the said provision is not even constitutionally infirm to begin with. and substantial relation to the object of the legislation, so that all persons similarly circumstanced shall be
treated alike.” All these conditions are met in the present case. The retention of the best and the
318 brightest officials in an independent central monetary authority is a valid governmental objective that can
be reasonably met by a corresponding exemption from a salary standardization scheme that is based on
graduated salary levels. The legislature in fact enjoys a wide berth in continually classifying whenever it
enacts a law, provided that no persons similarly situated within a given class are treated differently. To
318 SUPREME COURT REPORTS
contend otherwise is to be presumptuous about the legislative intent or lack of it.
ANNOTATED
Same; Same; Same; Separation of Powers; Comity with and courtesy to a coequal branch dictate that our
lawmakers be given sufficient time and leeway to address the alleged problem of differing pay scales—“Only
Central Bank Employees Association, Inc. vs. by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the
Bangko Sentral ng Pilipinas legislative branch its rightful independence and its ability to function.”—The Philippine Deposit Insurance
Corporation (PDIC) is also a government regulatory agency almost on the same level of importance as the
BSP. However, its charter was only amended very recently—to be more precise, on July 27, 2004.
Same; Same; Same; This Court should bide its time, for it has neither the authority nor the competence to Consequently, it would be most unfair to implicitly accuse Congress of inaction, discrimination and unequal
contemplate laws, much less to create or amend them.—The congressional enactment into law of pending treatment. Comity with and courtesy to a coequal branch dictate that our lawmakers be given sufficient time
bills on the compensation of BSP employees—or even those related thereto—will certainly affect the assailed and leeway to address the alleged problem of differing pay scales. “Only by faithful adherence to this guiding
principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful Same; Same; Same; For purposes of equal protection analysis, financial need alone does not identify a
independ- suspect class.—In fact, for purposes of equal protection analysis, financial need alone does not identify a
suspect class. And even if it were to consider government pay to be akin to wealth, it has already been held
320
that “where wealth is involved, the Equal Protection Clause does not require absolute equality or precisely
equal advantages.” After all, a law does not become invalid “because of simple inequality,” financial or
otherwise.
Same; Same; Same; Since employment in the government is not a fundamental right and government
320 SUPREME COURT REPORTS employees below salary grade 20 are not a suspect class, the government is not required to present a
ANNOTATED compelling objective to justify a possible infringement under the strict scrutiny test.—Since employment in
the government is not a fundamental right and government employees below salary grade 20 are not a
Central Bank Employees Association, Inc. vs. suspect class, the government is not required to present a compelling objective to justify a possible
infringement under the strict scrutiny test. The assailed provision thus cannot be invalidated via the strict
scrutiny gauntlet. “In areas of social and economic policy, a statutory classification that neither proceeds
along suspect lines nor infringes fundamental constitutional rights must be upheld against equal protection
ence and its ability to function.” Besides, it is a cardinal rule that courts first ascertain whether challenge if there is any reasonably conceivable state of facts that could provide a rational basis for the
construction of a statute is fairly possible by which any constitutional question therein may be avoided. classification.”
Same; Same; Same; The validity of a law is to be determined not by its effects on a particular case or by Same; Same; Same; Under the third tier or the intensified means test, the Court should accept the
an incidental result arising therefrom, but by the purpose and efficacy of the law in accomplishing that effect legislative end, but should closely scrutinize its relationship to the classification made; There exist
or result.—The validity of a law is to be determined not by its effects on a particular case or by an incidental classifications, which have not been deemed to involve suspect classes or fundamental rights thus not
result arising therefrom, but by the purpose and efficacy of the law in accomplishing that effect or result. This subjected to the strict scrutiny test, are subjected to a higher or intermediate degree of scrutiny than
point confirms my earlier position that the enactment of a law is not the same as its operation.
322
Unlike Vera in which the Court invalidated the law on probation because of the unequal effect in the
operation of such law, the assailed provision in the present case suffers from no such invidious
discrimination. It very well achieves its purpose, and it applies equally to all government employees within
the BSP. Furthermore, the application of this provision is not made subject to any discretion, uneven
appropriation of funds, or time limitation. Consequently, such a law neither denies equal protection nor 322 SUPREME COURT REPORTS
permits of such denial. ANNOTATED
Same; Same; Same; Under the second tier or the strict scrutiny test, the Court will require the
government to show a compelling or overriding end to justify (1) the limitation on fundamental rights or (2) Central Bank Employees Association, Inc. vs.
the implication of suspect classes.—Under the second tier or the strict scrutiny test, the Court will require the
government to show a compelling or overriding end to justify (1) the limitation on fundamental rights or (2)
the implication of suspect classes. Where a statutory classification impinges upon a fundamental right or
burdens a suspect class, such classification is subjected to strict scrutiny. It will be upheld only if it is shown the deferential or traditional rational basis test.—Under the third tier or the intensified means test, the
to be “suitably tailored to serve a compelling state interest.” Therefore, all legal restrictions that curtail the Court should accept the legislative end, but should closely scrutinize its relationship to the classification
civil rights of a suspect class, like a single racial or ethnic group, are immediately suspect. “That is not to say made. There exist classifications that are subjected to a higher or intermediate degree of scrutiny than the
that all such restrictions are unconstitutional. It is to say that courts must subject them to the most rigid deferential or traditional rational basis test. These classifications, however, have not been deemed to involve
scrutiny.” Pressing public necessity, for instance, may justify the existence of those restrictions, but suspect classes or fundamental rights; thus, they have not been subjected to the strict scrutiny test. In other
antagonism toward such suspect classes never can. words, such classifications must be “substantially related to a sufficiently important governmental interest.”
Examples of these so-called “quasi-suspect” classifications are those based on gender, legitimacy under
321
certain circumstances, legal residency with regard to availment of free public education, civil service
employment preference for armed forces veterans who are state residents upon entry to military service, and
the right to practice for compensation the profession for which certain persons have been qualified and
VOL. 446, DECEMBER 15, 2004 321 licensed.
Same; Same; Same; Non-exempt government employees may be a sensitive but not a suspect class, and
Central Bank Employees Association, Inc. vs. their employment status may be important although not fundamental; In the area of economics and social
Bangko Sentral ng Pilipinas welfare, a State does not violate the Equal Protection Clause merely because the classifications made by its
laws are imperfect.—Non-exempt government employees may be a sensitive but not a suspect class, and
their employment status may be important although not fundamental. Yet, the enactment of the assailed
Same; Same; Same; Salary grade or class of position is not a fundamental right like marriage, provision is a reasonable means by which the State seeks to advance its interest. Since such
procreation, voting, speech and interstate travel.—To date, no American case—federal or state—has yet been provision sufficiently serves important governmental interests and is substantially related to the achievement
decided involving equal pay schemes as applied either to government employees vis-à-vis private ones, or thereof, then, again it stands. “In the area of economics and social welfare, a State does not violate the Equal
within the governmental ranks. Salary grade or class of position is not a fundamental right like marriage, Protection Clause merely because the classifications made by its laws are imperfect. If the classification has
procreation, voting, speech and interstate travel. American courts have in fact even refused to declare some ‘reasonable basis,’ it does not offend the Constitution simply because the classification ‘is not made with
government employment a fundamental right.
mathematical nicety or because in practice it results in some inequality.’ ” “The very idea of classification is of the Philippines (“LBP”), Social Security System (“SSS”), Government Service Insurance System
that of inequality, so that x x x the fact of inequality in no manner determines the matter of constitutionality.” (“GSIS”), Development Bank of the Philippines (“DBP”), Small Borrowers Guarantee Fund Corporation
Same; Same; Separation of Powers; Since relative constitutionality was not discussed by the parties in (“SBGFC”), and Home Guarantee Corporation (“HGC”).
any of their pleadings, fundamental fairness and evenhandedness still dictate that Congress be Same; Same; Separation of Powers; Salary Standardization Law (SSL); The Supreme Court cannot
simply ordain an exemption from SSL without considering serious ramifications on fiscal policies of the
323
government—the Court cannot intrude into fiscal policies that are the province of the Executive and
Legislative Departments.—The grant of SSL exemption to GFIs has ramifications on the deepening budget
deficit of the government. Under Republic Act No. 7656, all GFIs are required to remit to the National
Treasury at least 50% of their annual net earnings. This remittance forms part of the government revenues
VOL. 446, DECEMBER 15, 2004 323 that fund the annual appropriations act. If the remittances from GFIs decrease, the national revenues
funding the annual appropriations act correspondingly decrease. This results in widening even more the
Central Bank Employees Association, Inc. vs. budget deficit. A bigger budget deficit means there are no revenues to fund salary increases of all
government employees who are paid out of the annual appropriations act. The exemption of GFIs from SSL
Bangko Sentral ng Pilipinas may delay or even prevent a general increase in the salary of all government employees, including rank-and-
file employees in the judiciary. This Court cannot simply ordain an exemption from SSL without considering
serious ramifications on fiscal policies of the government. This is a matter better left to the Executive and
heard on this concept before the Court imposes it in a definitive ruling.—In our jurisdiction, relative Legislative Departments. This Court cannot intrude into fiscal policies that are the province of the
constitutionality is a rarely utilized theory having radical consequences; hence, I believe it should not be Executive and Legislative Departments.
imposed by the Court unilaterally. Even in the US, it applies only when there is a change in factual
circumstancescovered by the law, not when there is an enactment of another law pertaining to subjects not Same; Same; Same; Same; Judicial Review; The Supreme Court cannot exercise its power of judicial
directly covered by the assailed law. Whether factual conditions have so changed as to call for a partial or review before Congress has enacted the questioned law.—The power of judicial review of legislative acts
even a total abrogation of the law is a matter that rests primarily within the constitutional prerogative of presumes that Congress has enacted a law that may violate the Constitution. This Court cannot exercise its
Congress to determine. To justify a judicial nullification, the constitutional breach of a legal provision must power of judicial review before Congress has enacted the questioned law. In this case, Congress is still
be very clear and unequivocal, not doubtful or argumentative. In short, this Court can go no further than to considering the bill exempting BSP rank-and-file employees from the SSL. There is still no opportunity for
inquire whether Congress had the power to enact a law; it cannot delve into the wisdom of policies it adopts this Court to exercise its review power because there is nothing to review.
or into the adequacy under existing conditions of measures it enacts. The equal protection clause is not a Same; Same; Same; Same; The power to exempt a government agency from the SSL is a legislative
license for the courts “to judge the wisdom, fairness, or logic of legislative choices.” Since relative power, not a judicial power.—
constitutionality was not discussed by the parties in any of their pleadings, fundamental fairness and
evenhandedness still dictate that Congress be heard on this concept before the Court imposes it in a definitive 325
ruling.
CARPIO,J., Dissenting Opinion: VOL. 446, DECEMBER 15, 2004 325

Judicial Review; Judicial Legislation; The majority opinion does not annul a law but enacts a pending Central Bank Employees Association, Inc. vs.
bill in Congress into law.—The majority opinion does not annul a law but enacts a pending bill in Congress
into law. The majority opinion invades the legislative domain by enacting into law a bill that the 13th Bangko Sentral ng Pilipinas
Congress is now considering for approval. The majority opinion does this in the guise of annulling a proviso
in Section 15(c), Article II of Republic Act No. 7653 (“RA 7653”).
The majority opinion, however, claims that because of the failure of Congress to enact the bill exempting
Equal Protection; Government Financial Institutions (GFIs);The majority opinion erroneously classifies BSP rank-and-file employees from the SSL, this Court should now annul the proviso in Section 15(c) of RA
the Bangko Sentral ng Pilipinas (“BSP”), a regulatory agency exercising sovereign functions, in the same 7653 to totally exempt BSP from the SSL. This is no longer an exercise of the power of judicial review but an
category as non-regulatory corporations exercising purely commercial functions.—The majority opinion exercise of the power of legislation—a power that this Court does not possess. The power to exempt a
erroneously classifies the Bangko Sentral ng Pilipinas (“BSP”), a regulatory agency exercising sovereign government agency from the SSL is a legislative power, not a judicial power. By annulling a prior valid law
functions, in the same category as non-regulatory corporations exercising purely commercial functions like that has the effect of exempting BSP from the SSL, this Court is exercising a legislative power.
Land Bank
Same; Same; Same; Same; By annulling the proviso in Section 15(c) of R.A. 7653, BSP is not reverted to
324
its previous situation but brought to a new situation that BSP cannot attain without a new legislation.—The
power of judicial review is the power to strike down an unconstitutional act of a department or agency of
government, not the power to initiate or perform an act that is lodged in another department or agency of
government. If this Court strikes down the law exempting PDIC from the SSL because it is discriminatory
against other government agencies similarly situated, this Court is exercising its judicial review power. The
324 SUPREME COURT REPORTS effect is to revert PDIC to its previous situation of being subject to the SSL, the same situation governing
ANNOTATED BSP and other agencies similarly situated. However, by annulling the proviso in Section 15(c) of RA
7653, BSP is not reverted to its previous situation but brought to a new situation that BSP cannot attain
without a new legislation. Other government agencies similarly situated as BSP remain in their old
situation—still being subject to the SSL. This is not an annulment of a legislative act but an enactment of
legislation exempting one agency from the SSL without exempting the remaining agencies similarly Bangko Sentral ng Pilipinas
situated.
CARPIO-MORALES, J., Dissenting Opinion: Same; Same; Over the years the Equal Protection Clause has been applied against unreasonable
governmental discrimination directed at any identifiable group.—Over the years however, the Equal
Equal Protection Clause; Standards of Review; In the United States, from where the equal protection Protection Clause has been applied against unreasonable governmental discrimination directed at any
provision of our Constitution has its roots, the Rational Basis Test remains a primary standard for identifiable group. In what Laurence H. Tribe and Michael C. Dorf call the most famous footnote in
evaluating the constitutionality of a statute.—The Rational Basis Test has been described as adopting a American constitutional law, Justice Stone in U.S. v. Carolene Products Co. maintained that state-
“deferential” attitude towards legislative classifications. As previously discussed, this “deference” comes sanctioned discriminatory practices against discrete and insular minorities are entitled to a diminished
from the recognition that classification is often an unavoidable element of the task of legislation which, presumption of constitutionality.
under the separation of Same; Same; Words and Phrases; The use of the term “suspect” originated in the case of Korematsu v.
U.S., 323 U.S. 214 (1944).—The use of the term “suspect” originated in the case of Korematsu v.
326 U.S. In Korematsu, the American Supreme Court upheld the constitutionality of Civilian Exclusion Order
No. 34 of the Commanding General of the Western Command, U.S. Army, which directed that all persons of
Japanese ancestry should be excluded from San Leandro California, a military area, beginning May 9, 1942.
However, in reviewing the validity of laws which employ race as a means of classification, the Court held: It
326 SUPREME COURT REPORTS should be noted, to begin with, that all legal restrictions which curtail the civil rights of a single racial
group are immediately suspect. That is not to say that all such restrictions are unconstitutional.
ANNOTATED It is to say that courts must subject them to the most rigid scrutiny. Pressing public necessity may
sometimes justify the existence of such restrictions; racial antagonism never can. (Emphasis and italics
Central Bank Employees Association, Inc. vs. supplied)
Bangko Sentral ng Pilipinas Same; Same; Same; The underlying rationale of the suspect classification theory is that where legislation
affects discrete and insular minorities, the presumption of constitutionality fades because traditional political
processes may have broken down.—Racial classifications are generally thought to be “suspect” because
powers embodied in our Constitution, is primarily the prerogative of Congress. Indeed, in the United throughout the United States’ history these have generally been used to discriminate officially against
States, from where the equal protection provision of our Constitution has its roots, the Rational Basis Test groups which are politically subordinate and subject to private prejudice and discrimination. Thus, the U.S.
remains a primary standard for evaluating the constitutionality of a statute. Supreme Court has “consistently repudiated distinctions between citizens solely because of their ancestry as
Same; Same; Strict scrutiny is applied when the challenged statute either (1) classifies on the basis of an being odious to a free people whose institutions are founded upon the doctrine of equality.” The underlying
inherently suspect characteristic or (2) infringes fundamental constitutional rights.—While in the Philippines rationale of the suspect classification theory is that where legislation affects discrete and insular minorities,
the Rational Basis Test has, so far, served as a sufficient standard for evaluating governmental actions the pre-
against the Constitutional guaranty of equal protection, the American Federal Supreme Court, as pointed
out in the main opinion, has developed a more demanding standard as a complement to the traditional 328
deferential test, which it applies in certain well-defined circumstances. This more demanding standard is
often referred to as Strict Scrutiny. Briefly stated, Strict Scrutiny is applied when the challenged statute
either (1) classifies on the basis of an inherently suspect characteristic or (2) infringes fundamental
constitutional rights. With respect to such classifications, the usual presumption of constitutionality is 328 SUPREME COURT REPORTS
reversed, and it is incumbent upon the government to demonstrate that its classification has been narrowly
tailored to further compelling governmental interests, otherwise the law shall be declared unconstitutional ANNOTATED
for being violative of the Equal Protection Clause.
Same; Same; The central purpose of the Equal Protection Clause was to eliminate racial discrimination
from official sources in the States.—The central purpose of the Equal Protection Clause was to eliminate Bangko Sentral ng Pilipinas
racial discrimination emanating from official sources in the States. Like other rights guaranteed by the post-
Civil War Amendments, the Equal Protection Clause (also known as the Fourteenth Amendment) was
motivated in large part by a desire to protect the civil rights of African-Americans recently freed from sumption of constitutionality fades because traditional political processes may have broken down.
slavery. Thus, initially, the U.S. Supreme Court attempted to limit the scope of the Equal Protection Clause Moreover, classifications based on race, alienage or national origin are so seldom relevant to the
to discrimination claims brought by African-Americans. In Strauder v. West Virginia, the American achievement of any legitimate state interest that laws grounded on such considerations are deemed to
Supreme Court in striking down a West Virginia statute which prohibited a “colored man” from serving in a reflect prejudice and antipathy—a view that those in the burdened class are not as worthy or deserving as
jury, traced the roots of the Equal Protection Clause. others.
Same; Same; Precisely because statutes infringing upon fundamental constitutionally protected rights
327 affect fundamental liberties, any experiment involving basic freedoms which the legislature conducts must be
critically examined under the lens of Strict Scrutiny.—The application of Strict Scrutiny has not been limited
to statutes which proceed along suspect lines but has been utilized on statutes infringing upon fundamental
VOL. 446, DECEMBER 15, 2004 327 constitutionally protected rights. Most fundamental rights cases decided in the United States require equal
protection analysis because these cases would involve a review of statutes which classify persons and impose
differing restrictions on the ability of a certain class of persons to exercise a fundamental right.
Fundamental rights include only those basic liberties explicitly or implicitly guaranteed by the U.S.
Constitution. And precisely because these statutes affect, fundamental liberties, any experiment involving 330 SUPREME COURT REPORTS
basic freedoms which the legislature conducts must be critically examined under the lens of Strict Scrutiny. ANNOTATED
Fundamental rights which give rise to Strict Scrutiny include the right of procreation, the right to marry,
the right to exercise First Amendment freedoms such as free speech, political expression, press, assembly,
and so forth, the right to travel, and the right to vote. Central Bank Employees Association, Inc. vs.
Same; Same; Because Strict Scrutiny involves statutes which either classifies on the basis of an
inherently suspect characteristic or infringes fundamental constitutional rights, the presumption of
constitutionality is reversed—such legislation is assumed to be unconstitutional until the government
in and contribute to society.—Despite numerous criticisms from American legal luminaries, the U.S.
demonstrates otherwise.—Because Strict Scrutiny involves statutes which either classifies on the basis of an
Supreme Court has not done away with the Rational Basis Test and Strict Scrutiny as they continue to
inherently suspect characteristic or infringes fundamental constitutional rights, the presumption of
remain viable approaches in equal protection analysis. On the contrary, the American Court has developed
constitutionality is reversed; that is, such legislation is assumed to be unconstitutional until the government
yet a third tier of equal protection review, falling between the Rational Basis Test and Strict Scrutiny—
demonstrates otherwise. The government must show that the statute is supported by a compelling
Intermediate Scrutiny (also known as Heightened Scrutiny). The U.S. Supreme Court has generally applied
governmental
Intermediate or Heightened Scrutiny when the challenged statute’s classification is based on either (1)
gender or (2) illegitimacy. Gender-based classifications are presumed unconstitutional as such classifications
329
generally provide no sensible ground for differential treatment. In City of Cleburne, Texas v. Cleburne Living
Center, the United States Supreme Court said: “[W]hat differentiates sex from such nonsuspect statuses as
intelligence or physical disability ... is that the sex characteristic frequently bears no relation to ability to
perform or contribute to society.” Frontiero v. Richardson, 411 U.S. 677, 686, 93 S.Ct. 1764, 1770, 36
VOL. 446, DECEMBER 15, 2004 329 L.Ed.2d 583 (1973) (plurality opinion). Rather than resting on meaningful considerations, statutes
distributing benefits and burdens between the sexes in different ways very likely reflect outmoded notions of
Central Bank Employees Association, Inc. vs. the relative capabilities of men and women. In the same manner, classifications based on illegitimacy are
also presumed unconstitutional as illegitimacy is beyond the individual’s control and bears no relation to the
Bangko Sentral ng Pilipinas individual’s ability to participate in and contribute to society. Similar to Strict Scrutiny, the burden of
justification for the classification rests entirely on the government. Thus, the government must show at
least that the statute serves an important purpose and that the discriminatory means employed is
interest and the means chosen to accomplish that interest are narrowly tailored. Gerald Gunther
substantially related to the achievement of those objectives.
explains as follows: . . . The intensive review associated with the new equal protection imposed two demands
a demand not only as to means but also as to ends. Legislation qualifying for strict scrutiny required a far Same; Same; I fail to see the justification for the use of a “double standard” in determining the
closer fit between classification and statutory purpose than the rough and ready flexibility traditionally constitutionality of the questioned proviso—why a “deferential test” for one comparison (between the
tolerated by the old equal protection: means had to be shown “necessary” to achieve statutory ends, not executives and rank and file of the BSP) and a “strict test” for the other (between the rank and file of the BSP
merely “reasonably related.” Moreover, equal protection became a source of ends scrutiny as well: legislation and the rank and file of the other GOCCs/GFIs).—As noted earlier, the main opinion, in arriving at its
in the areas of the new equal protection had to be justified by “compelling” state interests, not merely the conclusion, simultaneously makes use of both the Rational Basis Test and the Strict Scrutiny Test. Thus, in
wide spectrum of “legitimate” state ends. Furthermore, the legislature must adopt the least burdensome or assessing the validity of the classification between executive and rank and file employees in Section 15 (c) of
least drastic means available for achieving the governmental objective. The New Central Bank Act, the Ra-
Same; Same; Since the United States’ conception of the Equal Protection Clause was largely influenced
331
by its history of systematically discriminating along racial lines, it is perhaps no surprise that the Philippines
which does not have any comparable experience has not found a similar occasion to apply this particular
American approach to Equal Protection of applying Strict Scrutiny to certain legislative classifications.—
While Strict Scrutiny has, as yet, not found widespread application in this jurisdiction, the tenet that
legislative classifications involving fundamental rights require a more rigorous justification under more VOL. 446, DECEMBER 15, 2004 331
stringent standards of analysis has been acknowledged in a number of Philippine cases. Since the United
States’ conception of the Equal Protection Clause was largely influenced by its history of systematically Central Bank Employees Association, Inc. vs.
discriminating along racial lines, it is perhaps no surprise that the Philippines which does not have any
comparable experience has not found a similar occasion to apply this particular American approach of Equal
Protection.
Same; Same; The U.S. Supreme Court has generally applied Intermediate or Heightened Scrutiny when tional Basis Test was applied. In evaluating the distinction between the rank and file employees of the
the challenged statute’s classification is based on either (1) gender or (2) illegitimacy—gender-based BSP and the rank and file employees of the LBP, DBP, SSS and GSIS, the Strict Scrutiny Test was
classifications are presumed unconstitutional as such classifications generally provide no sensible ground for employed. Despite my best efforts, I fail to see the justification for the use of this “double standard” in
differential treatment, and classifications based on illegitimacy are also presumed unconstitutional as determining the constitutionality of the questioned proviso. Why a “deferential test” for one comparison
illegitimacy is beyond the individual’s control and bears no relation to the individual’s ability to participate (between the executives and rank and file of the BSP) and a “strict test” for the other (between the rank and
file of the BSP and the rank and file of the other GOCCs/GFIs)?
330
Same; Same; Legal Research; Foreign Jurisprudence; To my knowledge, the American Court has never
applied more than one standard to a given set of facts, and where one standard was found to be appropriate,
the U.S. Supreme Court has deliberately eschewed any discussion of another; Assuming that the equal
protection standards evolved by the U.S. Supreme Court may be adopted in this jurisdiction, there is no
reason why the exclusive manner of their application should not be adopted also.—As the preceding review of
the standards developed by the U.S. Federal Supreme Court shows, the choice of the appropriate test for
evaluating a legislative classification is dependent on the nature of the rights affected (i.e. whether VOL. 446, DECEMBER 15, 2004 333
“fundamental” or not) and the character of the persons allegedly discriminated against (i.e.whether
belonging to a “suspect class” or not). As determined by these two parameters, the scope of application of Central Bank Employees Association, Inc. vs.
each standard is distinct and exclusive of the others. Indeed, to my knowledge, the American Court has
never applied more than one standard to a given set of facts, and where one standard was found to be
appropriate, the U.S. Supreme Court has deliberately eschewed any discussion of another. Assuming that
the equal protection standards evolved by the U.S. Supreme Court may be adopted in this jurisdiction, there
15 (c) of the New Central Bank Act burdens a fundamental right of its members. The petition merely
is no reason why the exclusive manner of their application should not be adopted also.
states that “the proviso in question violates the right to equal protection of the laws of the BSP rank and file
Same; Same; Doctrine of Relative Constitutionality; “Substantial distinctions” must necessarily be employees who are members of the petitioner.” While it is true that the Equal Protection Clause is found in
derived from the objective factual circumstances of the classes or groups that a statute seeks to differentiate. the Bill of Rights of both the American and Philippine Constitutions, for strict scrutiny to apply there must
—“Substantial distinctions” must necessarily be derived from the objective factual circumstances of the be a violation of a Constitutional right other than the right to equal protection of the laws. To hold otherwise
classes or groups that a statute seeks to differentiate. The classification must be real and factual and not would be absurd as any invocation of a violation of the equal protection clause would automatically result in
wholly abstract, artificial, or contrived. Thus, in Victoriano v. Elizalde Rope Workers’ Union, this Court the application of Strict Scrutiny.
stated: We
Same; Same; The main opinion fails to show that financial need is an inherently suspect trait.—The
main opinion however seeks to justify the application of Strict Scrutiny on the theory that the rank and file
332
employees of the BSP constitute a suspect class “considering that majority (if not all) of the rank and file
employees consist of people whose status and rank in life are less and limited, especially in terms of job
marketability, it is they—and not the officers—who have the real economic and financial need for the
adjustment.” The ponencia concludes that since the challenged proviso operates on the basis of the salary
332 SUPREME COURT REPORTS grade or office-employee status a distinction based on economic class and status is created. With all due
ANNOTATED respect, the main opinion fails to show that financial need is an inherently suspect trait. The claim that the
rank and file employees of the BSP are an economically disadvantaged group is unsupported by the facts on
record. Moreover, as priorly discussed, classifications based on financial need have been characterized by the
Central Bank Employees Association, Inc. vs. U.S. Supreme Court as not suspect. Instead, the American Court has resorted to the Rational Basis Test.
Same; Same; Legal Research; Foreign Jurisprudence; After an excessive dependence by the main opinion
to American jurisprudence it contradicted itself when it stated that “American jurisprudence and authorities,
believe that Republic Act No. 3350 satisfies the aforementioned requirements. The Act classifies much less the American Constitution, are of dubious application for these are no longer controlling within our
employees and workers, as to the effect and coverage of union shop security agreements, into those who by jurisdiction and have only limited persuasive merit.”—Notably, the main opinion, after discussing lengthily
reason of their religious beliefs and convictions cannot sign up with a labor union, and those whose religion the developments in equal protection analysis in the United States and Europe, and finding no support
does not prohibit membership in labor unions. The classification rests on real or substantial, not merely thereto, incongruously concluded that “in resolving constitutional disputes, this Court should not be
imaginary or whimsical, distinctions. There is such real distinction in the beliefs, feelings and sentiments of beguiled by foreign jurisprudence
employees. Employees do not believe in the same religious faith and different religions differ in their dogmas
334
and cannons. Religious beliefs, manifestations and practices, though they are found in all places, and in all
times, take so many varied forms as to be almost beyond imagination. There are many views that comprise
the broad spectrum of religious beliefs among the people. There are diverse manners in which beliefs,
equally paramount in the lives of their possessors, may be articulated. Today the country is far more
heterogenous in religion than before, differences in religion do exist, and these differences are important and 334 SUPREME COURT REPORTS
should not be ignored. (Emphasis supplied) ANNOTATED
Same; Same; Same; In the absence of factual changes which may have occurred vis-à-vis the BSP
personnel, it is difficult to see how relative constitutionality may be applied in the instant petition.—In the Central Bank Employees Association, Inc. vs.
case at bar, however, petitioner does not allege a comparable change in the factual milieu as regards the
compensation, position classification and qualifications standards of the employees of the BSP (whether of Bangko Sentral ng Pilipinas
the executive level or of the rank and file) since the enactment of The New Central Bank Act. Neither does
the main opinion identify the relevant factual changes which may have occurred vis-à-vis the BSP personnel
some of which are hardly applicable because they have been dictated by different constitutional settings
that may justify the application of the principle of relative constitutionality as above-discussed. Nor, to my
and needs.” After an excessive dependence by the main opinion to American jurisprudence it contradicted
knowledge, are there any relevant factual changes of which this Court may take judicial knowledge. Hence,
itself when it stated that “American jurisprudence and authorities, much less the American Constitution,
it is difficult to see how relative constitutionality may be applied to the instant petition.
are of dubious application for these are no longer controlling within our jurisdiction and have only limited
Same; Same; While it is true that the Equal Protection Clause is found in the Bill of Rights of both the persuasive merit.”
American and Philippine Constitutions, for strict scrutiny to apply there must be a violation of a
Same; Salary Standardization Law (R.A. 6758); Neither the text nor the legislative record of the Salary
Constitutional right other than the right to equal protection of the laws.—Strict Scrutiny cannot be applied in
Standardization Law manifests the intent to provide “favored treatment” for GOCCs and GFIs.—Neither the
the case at bar since nowhere in the petition does petitioner allege that Article II, Section
text nor the legislative record of the Salary Standardization Law manifests the intent to provide “favored
treatment” for GOCCs and GFIs. Thus, Section 3 (b), erroneously cited by the main opinion, provides for the
333
general principle that compensation for all government personnel, whether employed in a GOCC/GFI or
not, should generally be comparable with that in the private sector.
Same; Same; During the Bicameral Conference Committee deliberations, the sentiment was that
exemptions from the general Compensation Classification System applicable to all government employees 336 SUPREME COURT REPORTS
would be limited only to key positions in order not to lose these personnel to the private sector.—During the ANNOTATED
Bicameral Conference Committee deliberations, the sentiment was that exemptions from the general
Compensation Classification System applicable to all government employees would be limited only to key
positions in order not to lose these personnel to the private sector. A provision was moreover inserted Central Bank Employees Association, Inc. vs.
empowering the President to, in truly exceptional cases, approve higher compensation, exceeding Salary Bangko Sentral ng Pilipinas
Grade 30, to the chairman, president, general manager, and the board of directors of government-owned or
controlled corporations and financial institutions.
nevertheless advocates active intervention with respect to the exemption of the BSP rank and file
Same; Same; The basis for the exemption of certain employees of GOCCs or GFIs from the coverage of the employees from the Compensation Classification System of the Salary Standardization Law. Considering,
Salary Standardization Law rests not on the mere fact that they are employees of GOCCs or GFIs, but on a however, that the record fails to show (1) that the statutory provision in question affects either a
policy determination by the legislature that such exemption is needed to fulfill the mandate of the institution fundamental right or a suspect class, and, more importantly, (2) that the classification contained therein
concerned.—In sum, the basis for the exemption of certain employees of GOCCs or GFIs from the coverage of was completely bereft of any possible rational and real basis, it would appear that judicial restraint is not
the Salary Standardization Law rests not on the mere fact that they are employees of GOCCs or merely preferred but is in fact mandatory, lest this Court stray from its function of adjudication and
trespass into the realm of legislation. To be sure, inasmuch as exemption from the Salary Standardization
335
Law requires a factually grounded policy determination by the legislature that such exemption is necessary
and desirable for a government agency or GOCC to accomplish its purpose, the appropriate remedy of
petitioner is with Congress and not with the courts. As the branch of government entrusted with the plenary
power to make and amend laws, it is well within the powers of Congress to grant exceptions to, or to amend
VOL. 446, DECEMBER 15, 2004 335 where necessary, the Salary Standardization Law, where the public good so requires. At the same time, in
line with its duty to determine the proper allocation of powers between the several departments, this Court
Central Bank Employees Association, Inc. vs. is naturally hesitant to intrude too readily into the domain of another co-equal branch of government where
the absence of reason and the vice of arbitrariness are not clearly and unmistakably established.
Same; Same; Same; For the Supreme Court to intervene now, when no intervention is called for, would be
to prematurely curtail the public debate on the issue of compensation of the employees of the GOCCs and
GFIs, but on a policy determination by the legislature that such exemption is needed to fulfill the GFIs, and effectively substitute this Court’s policy judgments for those of the legislature, with whom the
mandate of the institution concerned considering, among others, that: (1) the GOCC or GFI is essentially “power of the purse” is constitutionally lodged.—Whether any of the foregoing measures will actually be
proprietary in character; (2) the GOCC or GFI is in direct competition with their counterparts in the private implemented by the Congress still remains to be seen. However, what is important is that Congress is
sector, not only in terms of the provision of goods or services, but also in terms of hiring and retaining actively reviewing the policies concerning GOCCs and GFIs with respect to the Salary Standardization Law.
competent personnel; and (3) the GOCC or GFI are or were experiencing difficulties filling up plantilla Hence, for this Court to intervene now, when no intervention is called for, would be to prematurely curtail
positions with competent personnel and/or retaining these personnel. The need for and the scope of the public debate on the issue of compensation of the employees of the GOCCs and GFIs, and effectively
exemption necessarily varies with the particular circumstances of each institution, and the corresponding substitute this Court’s policy judgments for those of the legislature, with whom the “power of the purse” is
variance in the benefits received by the employees is merely incidental. constitutionally lodged. Such would not only constitute an improper exercise of the Court’s power of judicial,
review, but may
Same; Same; The fact that certain persons have some attributes in common does not automatically make
them members of the same class with respect to a legislative classification.—There can be no doubt that the 337
employees of the BSP share a common attribute with the employees of the LBP, SSS, GSIS and DBP in that
all are employees of GOCCs performing fiduciary functions. It may also be reasonable to assume that BSP
employees with SG 19 and below perform functions analogous to those carried out by employees of the other
GOCCs with the corresponding salary grades. Nonetheless, these similarities alone are not sufficient to
support the conclusion that rank-and-file employees of the BSP may be lumped together with similar VOL. 446, DECEMBER 15, 2004 337
employees of the other GOCCs for purposes of compensation, position classification and qualifications
standards. The fact that certain persons have some attributes in common does not automatically make them Central Bank Employees Association, Inc. vs.
members of the same class with respect to a legislative classification.
Same; Judicial Review; Judicial Legislation; Considering that the record fails to show (1) that the
statutory provision in question affects either a fundamental right or a suspect class, and, more importantly,
(2) that the classification contained therein was completely bereft of any possible rational and real basis, it also effectively stunt the growth and maturity of the nation as a political body as well.
would appear that judicial restraint is not merely preferred but is in fact mandatory, lest this Court stray Same; Same; Same; Surely to grant the rank and file of the BSP exemption solely for the reason that
from its function of adjudication and trespass into the realm of legislation.—While the main opinion other GOCC or GFI employees have been exempted, without regard for the reasons which impelled the
acknowledges the propriety of judicial restraint “under most circumstances” when deciding questions of legislature to provide for those exemptions, would be to crystallize into our law what Justice Holmes
constitutionality, in recognition of the “broad discretion given to Congress in exercising its legislative sardonically described as “merely idealizing envy.”—How then are the aims of social justice served by
power,” it removing the BSP rank and file personnel from the ambit of the Salary Standardization Law? In the
alternative, what other public purpose would be served by ordering such an exemption? Surely to grant the
336
rank and file of the BSP exemption solely for the reason that other GOCC or GFI employees have been Edgardo G. Pena for petitioner.
exempted, without regard for the reasons which impelled the legislature to provide for those exemptions, The Solicitor General for respondents.
would be to crystallize into our law what Justice Holmes sardonically described as “merely idealizing envy.”
339
Same; Social Justice; Certainly, social justice is more than picking and choosing lines from Philippine
and foreign instruments, statutes and jurisprudence, like ripe cherries, in an effort to justify preferential
treatment of a favored group.—Certainly, social justice is more than picking and choosing lines from
VOL. 446, DECEMBER 15, 2004 339
Philippine and foreign instruments, statutes and jurisprudence, like ripe cherries, in an effort to justify
preferential treatment of a favored group. In the immortal words of Justice Laurel in Calalang v. Williams: Central Bank Employees Association, Inc. vs. Bangko
The petitioner finally avers that the rules and regulations complained of infringe upon the constitutional
precept regarding the promotion of social justice to insure the well-being and economic security of all the
Sentral ng Pilipinas
people. The promotion of social justice, however, is to be achieved not through a mistaken
sympathy towards any given group.Social justice is “neither communism, nor despotism, nor PUNO, J.:
atomism, nor anarchy,” but the humanization of laws and the equalization of social and
economic forces by the State so that justice in its rational and objectively secular conception Can a provision of law, initially valid, become subsequentlyunconstitutional, on the ground that
may at least be approximated. Social justice means the promotion of the welfare of all the people, the its continued operation would violate the equal protection of the law? We hold that with the
adoption by the Government of measures calculated to insure economic stability of all the competent
elements of society, through the maintenance of a proper economic and social equilibrium in the
passage of the subsequent laws amending the charter of seven (7) other governmental financial
interrelations of the members of institutions (GFIs), the continued operation of the last proviso of Section 15(c), Article II of
Republic Act (R.A.) No. 7653, constitutes invidious discrimination on the 2,994 rank-and-file
338 employees of the Bangko Sentral ng Pilipinas(BSP).
I. The Case
338 SUPREME COURT REPORTS
First the facts.
ANNOTATED On July 3, 1993, R.A. No. 7653 (the New Central Bank Act) took effect. It abolished the old
Central Bank of the Philippines, and created a new BSP.
Central Bank Employees Association, Inc. vs. On June 8, 2001, almost eight years after the effectivity of R.A. No. 7653, petitioner Central
Bangko Sentral ng Pilipinas Bank (now BSP) Employees Association, Inc., filed a petition for prohibition against BSP and the
Executive Secretary of the Office of the President, to restrain respondents from further
implementing the last proviso in Section 15(c), Article II of R.A. No. 7653, on the ground that it is
the community, constitutionally, through the adoption of measures legally justifiable, or extra-
constitutionally, through the exercise of powers underlying the existence of all governments on the time- unconstitutional.
honored principle of salus populi est suprema lex.(Emphasis and italics supplied) Article II, Section 15(c) of R.A. No. 7653 provides:
Section 15. Exercise of Authority.—In the exercise of its authority, the Monetary Board shall:
CHICO-NAZARIO, J., Concurring Opinion:
x x x x x x x x x
(c) establish a human resource management system which shall govern the selection, hiring,
Equal Protection; If BSP needs an exemption from R.A. No. 6758 for key positions in order that it may appointment, transfer, promotion, or dismissal of all personnel. Such system shall aim to establish
hire the best and brightest economists, accountants, lawyers and other technical and professional people, the
exemption must not begin only in SG 20—under the circumstances, the cut-off point, the great divide, between 340
SG 19 and 20 is entirely arbitrary as it does not have a reasonable or rational foundation.—Classification in
law is the grouping of persons/objects because they agree with one another in certain particulars and differ
from others in those same particulars. In the instant case, however, SG 20 and up do not differ from SG 19 340 SUPREME COURT REPORTS ANNOTATED
and down in terms of technical and professional expertise needed as the entire range of positions all “require
intense and thorough knowledge of a specialized field usually acquired from completion of a bachelor’s Central Bank Employees Association, Inc. vs. Bangko
degree or higher courses.” Consequently, if BSP needs an exemption from Rep. Act No. 6758 for key Sentral ng Pilipinas
positions in order that it may hire the best and brightest economists, accountants, lawyers and other
technical and professional people, the exemption must not begin only in SG 20. Under the circumstances, professionalism and excellence at all levels of the Bangko Sentralin accordance with sound principles of
the cut-off point, the great divide, between SG 19 and 20 is entirely arbitrary as it does not have a management.
reasonable or rational foundation. This conclusion finds support in no less than the records of the A compensation structure, based on job evaluation studies and wage surveys and subject to the Board’s
congressional deliberations, the bicameral conference committee having pegged the cut-off period at SG 20 approval, shall be instituted as an integral component of the Bangko Sentral’shuman resource development
despite previous discussions in the Senate that the “executive group” is “probably” SG 23 and above. program: Provided, That the Monetary Board shall make its own system conform as closely as possible with
the principles provided for under Republic Act No. 6758 [Salary Standardization Act]. Provided,
SPECIAL CIVIL ACTION in the Supreme Court. Prohibition. however, That compensation and wage structure of employees whose positions fall under salary
grade 19 and below shall be in accordance with the rates prescribed under Republic Act No.
The facts are stated in the opinion of the Court. 6758. [emphasis supplied]
The thrust of petitioner’s challenge is that the above provisomakes an unconstitutional _______________
cut between two classes of employees in the BSP, viz.: (1) the BSP officers or those exempted from 3 i.e., (1) make the salary of the BSP personnel competitive to attract highly competent personnel; (2) establish
the coverage of the Salary Standardization Law (SSL) (exempt class); and (2) the rank-and- professionalism and excellence at all levels in the BSP; and (3) ensure the administrative autonomy of the BSP as the
file (Salary Grade [SG] 19 and below), or those not exempted from the coverage of the SSL (non- central monetary authority.
exempt class). It is contended that this classification is “a classic case of class legislation,” 4 Rollo, pp. 8-10.
5 Id., pp. 10-12, quoting Former Senator Maceda, Record of the Senate, First Regular Session, March 15 to June 10,
allegedly not based on substantial distinctions which make real differences, but solely on the SG
1993, Vol. IV, No. 86, p. 1087.
of the BSP personnel’s position. Petitioner also claims that it is not germane to the purposes of 6 Id., pp. 12-14.
Section 15(c), Article II of R.A. No. 7653, the most 1
important of which is to establish 7 Id., p. 14.
professionalism and excellence at all levels in the BSP. Petitioner offers the following sub-set of 8 Id., pp. 2-5.
arguments:
342
a. the legislative history of R.A. No. 7653 shows that the questioned proviso does not appear
in the original and amended
2
versions of House Bill No. 7037, nor in the original version of 342 SUPREME COURT REPORTS ANNOTATED
Senate Bill No. 1235;
b. subjecting the compensation of the BSP rank-and-file employees to the rate prescribed by Central Bank Employees Association, Inc. vs. Bangko
the SSL actually defeats the Sentral ng Pilipinas
_______________ and adequate remedy in the ordinary course except through this petition for prohibition, which
1 Rollo,
this Court9
should take cognizance of, considering the transcendental importance of the legal issue
p. 7.
2 Id., p. 9. involved. 10
Respondent BSP, in its comment, contends that the provision does not violate the equal
341 protection clause and can stand the constitutional test, provided it is construed in harmony with
other provisions of the same law, such as “fiscal and administrative autonomy of BSP,” and the
mandate of the Monetary Board to “establish professionalism and excellence at all levels in
VOL. 446, DECEMBER 15, 2004 341 accordance with sound principles of management.”
Central Bank Employees Association, Inc. vs. Bangko The Solicitor General, on behalf of respondent Executive Secretary, also defends the validity of
Sentral ng Pilipinas the provision. Quite simplistically, he argues that the classification is based on actual and real
differentiation, even as it adheres to the enunciated policy of R.A. No. 7653 to establish
3 professionalism and 11excellence within the BSP subject to prevailing laws and policies of the
purpose
4
of the law of establishing professionalism and excellence at all levels in the national government.
BSP; (emphasis supplied)
c. the assailed proviso was the product of amendments introduced during the deliberation of II. Issue
Senate Bill No. 1235, without showing its relevance to the objectives of the law, and even
5
admitted by one senator as discriminatory against low-salaried employees of the BSP; Thus, the sole—albeit significant—issue to be resolved in this case is whether the last paragraph
d. GSIS, LBP, DBP and SSS personnel are all exempted from the coverage of the SSL; thus of Section 15(c), Article II of R.A. No. 7653, runs afoul of12 the constitutional mandate that “No
within the class of rank-and-file personnel of government financial institutions (GFIs), person shall be. . . denied the equal protection of the laws.”
6
the BSP rankand-file are also discriminated upon; and
e. the assailed proviso has caused the demoralization among the BSP rank-and-file and _______________
7
resulted in the gross disparity between their compensation and that of the BSP officers’. 9 Id.,pp. 14-15.
10 Id.,pp. 62-75.
In sum, petitioner posits that the classification is not reasonable
8
but arbitrary and capricious, and 11 Id.,pp. 76-90.
12 1987 Constitution, Art. III, § 1.
violates the equal protection clause of the Constitution. Petitioner also stresses: (a) that R.A. No.
7653 has a separability clause, which will allow the declaration of the unconstitutionality of 343
the proviso in question without affecting the other provisions; and (b) the urgency and propriety
of the petition, as some 2,994 BSP rank-and-file employees have been prejudiced since 1994 when
the proviso was implemented. Petitioner concludes that: (1) since the inequitable proviso has no VOL. 446, DECEMBER 15, 2004 343
force and effect of law, respondents’ implementation of such amounts to lack of jurisdiction; and
Central Bank Employees Association, Inc. vs. Bangko
(2) it has no appeal nor any other plain, speedy
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.
III. Ruling In the exercise of its power to make classifications for the purpose of enacting laws over matters within
its jurisdiction, the state is recognized as enjoying a wide range of discretion. It is not necessary that the
classification be based on scientific or marked differences of things or in their relation. Neither is it
A. UNDER THE PRESENT STANDARDS OF EQUAL PROTECTION, SECTION 15(c), necessary that the classification be made with mathematical nicety. Hence, legislative classification may in
ARTICLE II OF R.A. NO. 7653 IS VALID. many cases properly rest on narrow distinctions, for the equal protection guaranty does not preclude the
legislature from recognizing degrees of evil or harm, and legislation is addressed to evils as they may
appear. (citations omitted)
Jurisprudential standards for equal protection challenges indubitably show that the classification
created by the questioned proviso, on its face and in its operation, bears no constitutional 345
infirmities.
It is settled in constitutional law that the “equal protection” clause does not prevent the
Legislature from establishing classes of individuals or objects upon which different rules shall VOL. 446, DECEMBER 15, 2004 345
operate—so long13 as the classification is not unreasonable. As held in Victoriano v. Elizalde Rope
14 Central Bank Employees Association, Inc. vs. Bangko
Workers’ Union, and reiterated in a long line of cases:
_______________ 15
Congress is allowed a wide leeway in providing for a valid classification. The equal protection
13 No. L-25246, 59 SCRA 54, 77-78 (September 12, 1974).
14 Basa v. Federacion Obrera de la Industria Tabaquera y Otros Trabajadores de Filipinas (FOITAF), No. L-27113, 61
clause16 is not infringed by legislation which applies only to those persons falling within a specified
SCRA 93, 110-111 (November 19, 1974); Anucension v. National Labor Union, No. L-26097, 80 SCRA 350, 372-373
class. If the groupings are characterized by substantial distinctions
17
that make real differences,
(November 29, 1977); Villegas v. Hiu Chiong Tsai Pao Ho, No. L-29646, 86 SCRA 270, 275 (November 10, 1978); Dumlao one class may be treated and regulated differently from another. The classification must 18also be
v. Commission on Elections, No. L-52245, 95 SCRA 392, 404 (January 22, 1980); Ceniza v. Commission on Elections, G.R. germane to the purpose of the law and must apply to all those belonging to the same class.
No. L-52304, 95 SCRA 763, 772-773 (January 28, 1980); Himagan v. People, G.R. No. 113811, 237 SCRA 538 (October 7,
1994); The Conference of Maritime Manning Agencies, Inc. v. Philippine Overseas Employment Agency, G.R. No.
_______________
114714, 243 SCRA 666, 677 (April 21, 1995); JMM Promotion and Management, Inc. v. Court of Appeals, G.R. No.
120095, 260 SCRA 319, 331–332 (August 5, 1996); and Tiu v. Court of Appeals, G.R. No. 127410, 301 SCRA 278, 288-289 15 Association of Small Landowners in the Philippines, Inc. v. Secretary of Agrarian Reform, G.R. Nos. 78742, 79310,
(January 20, 1999). See also Ichong v. Hernandez,No. L-7995, 101 Phil. 1155 (May 31, 1957); Vera v. Cuevas, Nos. L- 79744, and 79777, 175 SCRA 343 (July 14, 1989). See Tiu v. Court of Appeals, G.R. No. 127410, 301 SCRA 278 (January
33693-94, 90 SCRA 379, 388 (May 31, 1979); and Tolentino v. Secretary of Finance, G.R. Nos. 115455, 115525, 115543, 20, 1999).
115544, 115754, 115781, 115852, 115873, and 115931, 235 SCRA 630, 684 (August 25, 1994). 16 Ichong v. Hernandez, No. L-7995, 101 Phil. 1155 (May 31, 1957), citing 2 Cooley, Constitutional Limitations, pp. 824-
825.
344 17 Tiu v. Court of Appeals, G.R. No. 127410, 301 SCRA 278 (January 20, 1999); Dumlao v. Commission on
Elections, No. L-52245, 95 SCRA 392, 404 (January 22, 1980); and Himagan v. People, G.R. No. 113811, 237 SCRA
538 (October 7, 1994). See also JMM Promotion and Management, Inc. v. Court of Appeals, G.R. No. 120095, 260 SCRA
344 SUPREME COURT REPORTS ANNOTATED 319, 331-332 (August 5, 1996); The Conference of Maritime Manning Agencies, Inc. v. Philippine Overseas Employment
Agency, G.R. No. 114714, 243 SCRA 666, 677 (April 21, 1995); Ceniza v. Commission on Elections, No. L-52304, 95 SCRA
Central Bank Employees Association, Inc. vs. Bangko 763, 772 (January 28, 1980); Vera v. Cuevas, Nos. L-33693-94, 90 SCRA 379(May 31, 1979); and Tolentino v. Secretary of
Sentral ng Pilipinas Finance, G.R. Nos. 115455, 115525, 115543, 115544, 115754, 115781, 115852, 115873 and 115931, 235 SCRA 630 (August
25, 1994).
18 Dumlao v. Commission on Elections, No. L-52245, 95 SCRA 392, 405 (January 22, 1980), citing Peralta v.
The guaranty of equal protection of the laws is not a guaranty of equality in the application of the laws upon Commission on Elections, No. L-47771, No. L-47803, No. L-47816, No. L-47767, No. L-47791 and No. L-47827, 82 SCRA
all citizens of the state. It is not, therefore, a requirement, in order to avoid the constitutional prohibition 30 (March 11, 1978); Rafael v. Embroidery and Apparel Control and Inspection Board, No. L-19978, 21 SCRA
against inequality, that every man, woman and child should be affected alike by a statute. Equality of 336 (September 29, 1967); and Ichong, v. Hernandez, No. L-7995, 101 Phil. 1155 (May 31, 1957). See also JMM Promotion
operation of statutes does not mean indiscriminate operation on persons merely as such, but on persons and Management, Inc. v. Court of Appeals, G.R. No. 120095, 260 SCRA 319 (August 5, 1996); Philippine Judges
according to the circumstances surrounding them. It guarantees equality, not identity of rights. The Association v. Prado, G.R. No. 105371, 227 SCRA 703 (November 11, 1993); and Villegas v. Hiu Chiong Tsai Pao Ho, No.
Constitution does not require that things which are different in fact be treated in law as though they were L-29646, 86 SCRA 270, 275 (November 10, 1978).
the same. The equal protection clause does not forbid discrimination as to things that are different. It does
not prohibit legislation which is limited either in the object to which it is directed or by the territory within 346
which it is to operate.
The equal protection of the laws clause of the Constitution allows classification. Classification in law, as
in the other departments of knowledge or practice, is the grouping of things in speculation or practice 346 SUPREME COURT REPORTS ANNOTATED
because they agree with one another in certain particulars. A law is not invalid because of simple inequality.
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. All that is required of a valid Sentral ng Pilipinas
classification is that it be reasonable, which means that the classification should be based on substantial
distinctions which make for real differences, that it must be germane to the purpose of the law; that it must In the case at bar, it is clear in the legislative deliberations that the exemption of officers (SG 20
not be limited to existing conditions only; and that it must apply equally to each member of the class. This
and above) from the SSL was intended to address the BSP’s lack of competitiveness in terms of
23 Dumlao
attracting competent officers and executives. It was not intended to discriminate against the v. Commission on Elections, No. L-52245, 95 SCRA 392, 404 (January 22, 1980).
24 Medill v. State, 477 N.W.2d 703 (Minn. 1991) (followed with reservations by, In re Cook, 138 B.R. 943 [Bankr. D.
rank-and-file. If the end-result did in fact lead to a disparity of treatment between the officers
Minn. 1992]).
and the rank-and-file in terms of salaries and benefits, the discrimination or distinction 19
has a 25 Nashville, C. & St. L. Ry. v. Walters, 294 U.S. 405, 55 S. Ct. 486, 79 L. Ed. 949 (1935); Atlantic Coast Line R. Co. v.
rational basis and is not palpably, purely, and entirely arbitrary in the legislative sense. Ivey, 148 Fla. 680, 5 So. 2d 244, 139 A.L.R. 973 (1941); Louisville & N. R. Co. v. Faulkner, 3 G.R. No. L-29646 07 S.W.2d
That the provision was a product of amendments introduced during the deliberation of the 196 (Ky. 1957); and Vernon Park Realty v. City of Mount Vernon, 307 N.Y. 493, 121 N.E.2d 517 (1954).
Senate20 Bill does not detract from its validity. As early as 1947 and reiterated in subsequent
348
cases, this Court has subscribed to the conclusiveness of an enrolled bill to refuse invalidating a
provision of law, on the ground that the bill from which it originated contained no such provision
and was merely inserted by the bicameral conference committee of both Houses. 348 SUPREME COURT REPORTS ANNOTATED
Moreover, it is a fundamental and familiar teaching 21
that all reasonable doubts should be
resolved in favor of the constitutionality of a statute. An act of22 the legislature, approved by the Central Bank Employees Association, Inc. vs. Bangko
executive, is presumed to be within constitutional limitations. To justify the nullification of a Sentral ng Pilipinas
law, there must
26
open to inquiry and investigation in the light of changed conditions. 27
_______________ Demonstrative of this doctrine is Vernon Park Realty v. City of Mount Vernon, where the
19 People v. Carlos, No. L-239, 78 Phil. 535 (June 30, 1947). Court of Appeals of New York declared as unreasonable and arbitrary a zoning ordinance which
20 See Mabanag v. Lopez Vito, No. L-1123, 78 Phil. 1 (March 5, 1947); Casco Philippine Chemical Co., Inc. v. placed the plaintiff's property in a residential district, although it was located in the center of a
Gimenez, No. L-17931, 7 SCRA 347(February 28, 1963); Morales v. Subido, No. L-29658, 27 SCRA 131(February 27, business area. Later amendments to the ordinance then prohibited the use of the property except
1969); and Philippine Judges Association v. Prado, G.R. No. 105371, 227 SCRA 703 (November 11, 1993). for parking and storage of automobiles, and service station within a parking area. The Court
21 People v. Vera, No. 45685, 65 Phil. 56 (November 16, 1937).
22 Id., citing U.S. v. Ten Yu, 24 Phil. 1, 10 (December 28, 1912); Case v. Board of Health, 24 Phil. 250, 276 (February 4,
found the ordinance to constitute an invasion of property rights which was contrary to
1913); and U.S. v. Joson,No. 7019, 26 Phil. 1 (October 29, 1913).
constitutional due process. It ruled:
347 While the common council has the unquestioned right to enact zoning laws respecting the use of property in
accordance with a well-considered and comprehensive plan designed to promote public health, safety and
general welfare, such power is subject to the constitutional limitation that it may not be exerted arbitrarily
VOL. 446, DECEMBER 15, 2004 347 or unreasonably and this is so whenever the zoning ordinance precludes the use of the property for any
purpose for which it is reasonably adapted. By the same token, an ordinance valid when adopted will
Central Bank Employees Association, Inc. vs. Bangko nevertheless be stricken down as invalid when, at a later time, its operation under changed
Sentral ng Pilipinas conditions proves confiscatory such, for instance, as28when the greater part of its value is destroyed, for
which the courts will afford relief in an appropriate case. (citations omitted, emphasis supplied)
23
be a clear and unequivocal breach of the Constitution, not a doubtful and equivocal breach. In the Philippine setting, this Court declared the continued enforcement of a valid law as
unconstitutional
29
as a consequence of significant changes in circumstances. Rutter v.
B. THE ENACTMENT, HOWEVER, OF SUBSEQUENT LAWS—EXEMPTING ALL Esteban upheld the constitutionality of the moratorium law—its enactment and operation being
OTHER RANK-AND-FILE EMPLOYEES OF GFIs FROM THE SSL—RENDERS THE a valid exercise by
CONTINUED APPLICATION OF THE CHALLENGED PROVISION A VIOLATION OF
THE EQUAL PROTECTION CLAUSE. _______________
26 Murphy v. Edmonds, 325 Md. 342, 601 A.2d 102 (1992).
While R.A. No. 7653 started as a valid measure well within the legislature’s power, we hold that
27 307 N.Y. 493, 121 N.E.2d 517 (1954).
the enactment of subsequent laws exempting all rank-and-file employees of other GFIs leeched 28 Id.
all validity out of the challenged proviso. 29 No. L-3708, 93 Phil. 68 (May 18, 1953).
1. The concept of relative constitutionality. 349
The constitutionality of a statute cannot, in every instance, be determined by a mere comparison

of its provisions with applicable provisions of the Constitution, since the statute may 24
be VOL. 446, DECEMBER 15, 2004 349
constitutionally valid as applied to one set of facts and invalid in its application to another.
A statute 25valid at one time may become void at another time because of altered Central Bank Employees Association, Inc. vs. Bangko
circumstances. Thus, if a statute in its practical operation becomes arbitrary or confiscatory, its Sentral ng Pilipinas
validity, even though affirmed by a former adjudication, is
30
the State of its police power —but also ruled that the continued enforcement of the otherwise
_______________ valid law would be unreasonable and oppressive. It noted the subsequent changes in the country’s
business, industry and agriculture. Thus, the law was set aside because its continued operation
would 31be grossly discriminatory and lead to the oppression of the creditors. The landmark ruling
states:
The question now to be determined is, is the period of eight (8) years which Republic Act No. 342 grants to
debtors of a monetary obligation contracted before the last global war and who is a war sufferer with a claim
duly approved by the Philippine War Damage Commission reasonable under the present circumstances?
It should be noted that Republic Act No. 342 only extends relief to debtors of prewar obligations who
2. Applicability of the equal protection clause.
32
suffered from the ravages of the last war and who filed a claim for their losses with the Philippine War In the realm of equal protection, the U.S. case of Atlantic Coast Line R. Co. v. Ivey is
Damage Commission. It is therein provided that said obligation shall not be due and demandable for a illuminating. The Supreme Court of Florida ruled against the continued application of statutes
period of eight (8) years from and after settlement of the claim filed by the debtor with said Com- authorizing the recovery of double damages plus attorney’s fees against railroad companies, for
animals killed on unfenced railroad right of way without proof of negligence. Competitive motor
_______________
carriers, though creating greater hazards, were not subjected to similar liability because they
30 On the constitutionality of Republic Act No. 342, Section 2 provides that all debts and other monetary obligations contracted were not yet in existence when the statutes were enacted. The Court ruled that the statutes
before December 8, 1941, any provision in the contract creating the same or in any subsequent agreement affecting such obligation to
the contrary notwithstanding, shall not be due and demandable for a period of eight (8) years from and after settlement of the war
became invalid as denying “equal protection of the law,” in view of changed conditions since their
damage claim of the debtor by the Philippine War Damage Commission; and Section 3 of said Act provides that should the provision of enactment. 33
Section 2 be declared void and unenforceable, then as regards the obligation affected thereby, the provisions of Executive Order No. 25
dated November 18, 1944, as amended by Executive Order No. 32, dated March 10, 1945, relative to debt moratorium, shall continue to
In another U.S. case, Louisville & N.R. Co. v. Faulkner, the Court of Appeals of Kentucky
be in force and effect, any contract affecting the same to the contrary notwithstanding, until subsequently repealed or amended by a declared unconstitutional a provision of a statute which imposed a duty upon a railroad company
legislative enactment. It thus clearly appears in said Act that the nullification of its provisions will have the effect of reviving the of proving that it was free from negligence in the killing or injury of cattle by its engine or
previous moratorium orders issued by the President of the Philippines.
31 Rutter v. Esteban, G.R. No. L-3708, 93 Phil. 68 (May 18, 1953). cars. This, notwithstanding that the constitutionality of the statute, enacted in 1893, had been
previously sustained.Ruled the Court:
350
The constitutionality of such legislation was sustained because it applied to all similar corporations and had
for its object the safety of persons on a train and the protection of property…. Of course, there were no
350 SUPREME COURT REPORTS ANNOTATED automobiles in those days. The subsequentinauguration and development of transportation by motor
vehicles on the public highways by common carriers of freight and passengers created even greater risks to
Central Bank Employees Association, Inc. vs. Bangko the safety of occupants of the vehicles and of danger of injury and death of domestic animals. Yet, under the
Sentral ng Pilipinas law the operators of that mode of competitive transportation are not subject to the same extraordinary legal
responsibility for killing such animals on the public roads as are railroad companies for killing them on their
mission. The purpose of the law is to afford to prewar debtors an opportunity to rehabilitate themselves by private rights of way.
giving them a reasonable time within which to pay their prewar debts so as to prevent them from being
victimized by their creditors. While it is admitted in said law that since liberation conditions have gradually _______________
returned to normal, this is not so with regard to those who have suffered the ravages of war and so it was
32 148 Fla. 680, 5 So. 2d 244, 139 A.L.R. 973 (1941).
therein declared as a policy that as to them the debt moratorium should be continued in force (Section 1). 33 307
But we should not lose sight of the fact that these obligations had been pending since 1945 as a result of S.W.2d 196 (Ky. 1957).
the issuance of Executive Orders Nos. 25 and 32 and at present their enforcement is still inhibited because 352
of the enactment of Republic Act No. 342 and would continue to be unenforceable during the eight-year
period granted to prewar debtors to afford them an opportunity to rehabilitate themselves, which in plain
language means that the creditors would have to observe a vigil of at least twelve (12) years before they 352 SUPREME COURT REPORTS ANNOTATED
could effect a liquidation of their investment dating as far back as 1941. This period seems to us
unreasonable, if not oppressive. While the purpose of Congress is plausible, and should be commended, the Central Bank Employees Association, Inc. vs. Bangko
relief accorded works injustice to creditors who are practically left at the mercy of the debtors. Their hope to Sentral ng Pilipinas
effect collection becomes extremely remote, more so if the credits are unsecured. And the injustice is more
patent when, under the law, the debtor is not even required to pay interest during the operation of the relief,
unlike similar statutes in the United States. The Supreme Court, speaking through Justice Brandeis in Nashville, C. & St. L. Ry. Co. v. Walters, 294 U.S.
x x x x x x x x x 405, 55 S.Ct. 486, 488, 79 L.Ed. 949, stated, “A statute valid when enacted may become invalid by change in
In the face of the foregoing observations, and consistent with what we believe to be as the only course the conditions to which it is applied.The police power is subject to the constitutional limitation that it may
dictated by justice, fairness and righteousness, we feel that the only way open to us under the present not be exerted arbitrarily or unreasonably.” A number of prior opinions of that court are cited in support of
circumstances is to declare that the continued operation and enforcement of Republic Act No. the statement. The State of Florida for many years had a statute, F.S.A. § 356.01 et seq. imposing
342 at the present time is unreasonable and oppressive, and should not be prolonged a minute extraordinary and special duties upon railroad companies, among which was that a railroad company was
longer, and, therefore, the same should be declared null and void and without effect. (emphasis liable for double damages and an attorney’s fee for killing livestock by a train without the owner having to
supplied, citations omitted) prove any act of negligence on the part of the carrier in the operation of its train. In Atlantic Coast Line
Railroad Co. v. Ivey, it was held that the changed conditions brought about by motor vehicle transportation
351 rendered the statute unconstitutional since if a common carrier by motor vehicle had killed the same
animal, the owner would have been required to prove negligence
34
in the operation of its equipment. Said the
court, “This certainly is not equal protection of the law.” (emphasis supplied)
VOL. 446, DECEMBER 15, 2004 351
Echoes of these rulings resonate in our case law, viz.:
[C]ourts are not confined to the language of the statute under challenge in determining whether that
statute has any discriminatory effect. A statute nondiscriminatory on its face may be grossly 354 SUPREME COURT REPORTS ANNOTATED
discriminatory in its operation. Though the law itself be fair on its face and impartial in appearance,
yet, if it is applied and administered by public authority with an evil eye and unequal hand, so as practically Central Bank Employees Association, Inc. vs. Bangko
to make unjust and illegal discriminations between persons in similar circumstances, 35
material to their Sentral ng Pilipinas
rights, the denial of equal justice is still within the prohibition of the Constitution. (emphasis supplied,
citations omitted)
[W]e see no difference between a law which denies equal protection and a law which permits
4. R.A. No. 8291 (1997) for Government Service Insurance System (GSIS);
of such denial. A law may appear to be fair on its face and impartial in appearance, yet, if it permits of 5. R.A. No. 8523 (1998) for Development Bank of the Philippines (DBP);
38
unjust and illegal discrimination, it is within the constitu- 6. R.A. No. 8763 (2000) for Home Guaranty Corporation (HGC); and
7. R.A. No. 9302 (2004) for Philippine Deposit Insurance Corporation (PDIC).
_______________
34 Id.
35 People
It is noteworthy, as petitioner points out, that the subsequent charters of the seven other GFIs
v. Dela Piedra, G.R. No. 121777, 350 SCRA 163 (January 24, 2001).
share this common proviso: a blanket exemption of all their employees from the coverage of the
353 SSL, expressly or impliedly, as illustrated below:
1. LBP (R.A. No. 7907)

VOL. 446, DECEMBER 15, 2004 353
Section 10. Section 90 of [R.A. No. 3844] is hereby amended to read as follows:
Sentral ng Pilipinas Section 90. Personnel.—
x x x x x x x x x
All positions in the Bank shall be governed by a compensation, position classification system and qualification
tional prohibition….. In other words, statutes may be adjudged unconstitutional because of their effect in standards approved by the Bank’s Board of Directors based on a comprehensive job analysis and audit of actual duties
operation….
36
If a law has the effect of denying the equal protection of the law it is unconstitutional. and responsibilities. The compensation plan shall be comparable with the prevailing compensation plans in the private
…. (emphasis supplied, citations omitted) sector and shall be subject to periodic review by the Board no more than once every two (2) years without prejudice to
yearly merit reviews or increases based on productivity and profitability. The Bank shall therefore be exempt from
existing laws, rules and regulations on compensation, position classification and qualification standards. It
3. Enactment of R.A. Nos. 7907 + 8282 + 8289 + 8291 + 8523 + 8763 + 9302 = consequential shall however endeavor to make its system conform as closely as possible with the principles under Republic Act No.
6758. (emphasis supplied)
unconstitutionality of challenged proviso.
According to petitioner, the last proviso of Section 15(c), Article II of R.A. No. 7653 is also _______________
violative of the equal protection clause because after it was enacted, the charters of the GSIS,
LBP, DBP and SSS were also37 amended, but the personnel of the latter GFIs were all exempted 38 Formerly the Home Insurance and Guaranty Corporation (HIGC).
from the coverage of the SSL. Thus, within the class of rank-and-file personnel of GFIs, the BSP
355
rank-and-file are also discriminated upon.
Indeed, we take judicial notice that after the new BSP charter was enacted in 1993, Congress
also undertook the amendment of the charters of the GSIS, LBP, DBP and SSS, and three other VOL. 446, DECEMBER 15, 2004 355
GFIs, from 1995 to 2004, viz.:
1. R.A. No. 7907 (1995) for Land Bank of the Philippines (LBP); Sentral ng Pilipinas
2. R.A. No. 8282 (1997) for Social Security System (SSS);
3. R.A. No. 8289 (1997) for Small Business Guarantee and Finance Corporation, (SBGFC); x x x x x x x x x
2. SSS (R.A. No. 8282)

_______________
36 People
Section 1. [Amending R.A. No. 1161, Section 3(c)]:
v. Vera, No. 45685, 65 Phil. 56 (November 16, 1937). Parenthetically, this doctrine was first enunciated in the x x x x x x x x x
1886 case of Yick Wo v. Hopkins (118 U.S. 356, 6 S.Ct. 1064, 30 L.Ed. 220), wherein the U.S. Supreme Court, speaking
through Justice Matthews, declared: “. . . Though the law itself be fair on its face and impartial in appearances, yet, if it is (c) The Commission, upon the recommendation of the SSS President, shall appoint an actuary and such other personnel
applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and as may [be] deemed necessary; fix their reasonable compensation, allowances and other benefits; prescribe their duties
illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is and establish such methods and procedures as may be necessary to insure the efficient, honest and economical
still within the prohibition of the Constitution.” administration of the provisions and purposes of this Act: Provided, however, That the personnel of the SSS below the
37 Rollo, pp. 12-14.
rank of Vice President shall be appointed by the SSS President: Provided, further, That the personnel appointed by the
SSS President, except those below the rank of assistant manager, shall be subject to the confirmation by the
354
Commission; Provided further, That the personnel of the SSS shall be selected only from civil service eligibles and be Central Bank Employees Association, Inc. vs. Bangko
subject to civil service rules and regulations: Provided, finally, That the SSS shall be exempt from the provisions
of Republic Act No. 6758 and Republic Act No. 7430. (emphasis supplied)
3. SBGFC (R.A. No. 8289) with the principles under Compensation and Position Classification Act of 1989 (Republic Act No. 6758, as
amended).(emphasis supplied)
Section 8. [Amending R.A. No. 6977, Section 11]:
x x x x x x x x x 6. HGC (R.A. No. 8763)
The Small Business Guarantee and Finance Corporation shall:
x x x x x x x x x Section 9. Powers, Functions and Duties of the Board of Directors.—The Board shall have the following
(e) notwithstanding the provisions of Republic Act No. 6758, and Compensation Circular No. 10, series of powers, functions and duties:
1989 issued by the Department of Budget and Management, the Board of Directors of SBGFC shall have the
authority to extend to the employees and personnel thereof the allowance and fringe benefits similar to x x x x x x x x x
those extended to and currently enjoyed by the employees and personnel of other government financial (e) To create offices or positions necessary for the efficient management, operation and administration of the
institutions. (emphases supplied) Corporation: Provided, That all positions in the Home Guaranty Corporation (HGC) shall be governed by a
compensation and position classification system and qualifications standards approved by the Corporation’s Board of
356 Directors based on a comprehensive job analysis and audit of actual duties and responsibilities: Provided, further, That
the compensation plan shall be comparable with the prevailing compensation plans in the private sector and which shall
be exempt from Republic Act No. 6758, otherwise known as the Salary Standardization Law, and from other laws, rules
356 SUPREME COURT REPORTS ANNOTATED and regulations on salaries and compensations; and to establish a Provident Fund and determine the Corporation’s and
the employee’s contributions to the Fund; (emphasis supplied)
Central Bank Employees Association, Inc. vs. Bangko x x x x x x x x x
Sentral ng Pilipinas 7. PDIC (R.A. No. 9302)
4. GSIS (R.A. No. 8291) Section 2. Section 2 of [Republic Act No. 3591, as amended] is hereby further amended to read:
x x x x x x x x x
Section 1. [Amending Section 43(d)]. 3.
x x x x x x x x x x x x x x x x x x
Sec. 43. Powers and Functions of the Board of Trustees.—The Board of Trustees shall have the following
A compensation structure, based on job evaluation studies and wage surveys and subject to the Board’s approval, shall
powers and functions:
be instituted as an integral component of the Corporation’s human resource development program: Provided, That all
x x x x x x x x x positions in the Corporation shall be governed by a compensation, position
(d) upon the recommendation of the President and General Manager, to approve the GSIS’ organizational and
358
administrative structures and staffing pattern, and to establish, fix, review, revise and adjust the appropriate
compensation package for the officers and employees of the GSIS with reasonable allowances, incentives, bonuses,
privileges and other benefits as may be necessary or proper for the effective management, operation and administration
of the GSIS, which shall be exempt from Republic Act No. 6758, otherwise known as the Salary Standardization Law and 358 SUPREME COURT REPORTS ANNOTATED
Republic Act No. 7430, otherwise known as the Attrition Law. (emphasis supplied)
x x x x x x x x x Sentral ng Pilipinas
5. DBP (R.A. No. 8523)
classification system and qualification standards approved by the Board based on a comprehensive job analysis and
audit of actual duties and responsibilities. The compensation plan shall be comparable with the prevailing
Section 6. [Amending E.O. No. 81, Section 13]: compensation plans of other government financial institutions and shall be subject to review by the Board no
Section 13. Other Officers and Employees.—The Board of Directors shall provide for an organization and staff of officers more than once every two (2) years without prejudice to yearly merit reviews or increases based on productivity and
and employees of the Bank and upon recommendation of the President of the Bank, fix their remunerations and other profitability. The Corporation shall therefore be exempt from existing laws, rules and regulations on
emoluments. All positions in the Bank shall be governed by the compensation, position classification system and compensation, position classification and qualification standards. It shall however endeavor to make its system
qualification standards approved by the Board of Directors based on a comprehensive job analysis of actual duties and conform as closely as possible with the principles under Republic Act No. 6758, as amended. (emphases supplied)
responsibilities. The compensation plan shall be comparable with the prevailing compensation plans in the private
sector and shall be subject to periodic review by the Board of Directors once every two (2) years, without prejudice to Thus, eleven years after the amendment of the BSP charter, the rank-and-file of seven other GFIs
yearly merit or increases based on the Bank’s productivity and profitability. The Bank shall, therefore, be exempt were granted the exemption that was specifically denied to the rank-and-file of the BSP. And as if
from existing laws, rules, and regulations on compensation, position classification and qualification to add insult to petitioner’s injury, even the Securities and
39
Exchange Commission (SEC) was
standards. The Bank shall however, endeavor to make its system conform as closely as possible granted the same blanket exemption from the SSL in 2000!
357
_______________
39 R.A. No. 8799 (2000), Section 7.2 provides: All positions of the Commission shall be governed by a compensation and
VOL. 446, DECEMBER 15, 2004 357
position classification systems and qualification standards approved by the Commission based on a comprehensive job
analysis and audit of actual duties and responsibilities. The compensation plan shall be comparable with the prevailing In this second level of scrutiny, the inequality of treatment cannot be justified on the mere
compensation plan in the Bangko Sentral ng Pilipinas and other government financial institutions and shall be subject to assertion that each exemption (granted to the seven other GFIs) rests “on a policy determination
periodic review by the Commission no more than once every two (2) years without prejudice to yearly merit reviews or
increases based on productivity and efficiency. The Commission shall, therefore, be exempt from laws, rules, and
by the legislature.” All legislative enactments necessarily rest on a policy determination—even
regulations on compensation, position classification and qualification standards. The Commission shall, however, those that have been declared to contravene the Constitution. Verily, if this could serve as a
endeavor to make its system conform as closely as possible with the principles under the Compensation and Position magic wand to sustain the validity of a statute, then no due process and equal protection
Classification Act of 1989 (Republic Act No. 6758, as amended). challenges would ever prosper. There is nothing inherently sacrosanct in a policy determination
359 made by Congress or by the Executive; it cannot run riot and overrun the ramparts of protection
of the Constitution.
In fine, the “policy determination” argument may support the inequality of treatment between
VOL. 446, DECEMBER 15, 2004 359 the rank-and-file and the officers of the BSP, but it cannot justify the inequality of treatment
between BSP rank-and-file and other GFIs’ who are similarly situated. It fails to appreciate that
what is at issue in the second level of scrutiny is not the declared policy of each law per se, but the
Sentral ng Pilipinas oppressive results of Congress’ inconsistent and unequal policy towards the BSP rank-and-file and
those of the seven other GFIs. At bottom, the second challenge to the constitutionality of Section
The prior view on the constitutionality of R.A. No. 7653 was confined to an evaluation of its 15(c), Article II of Republic Act No. 7653 is premised precisely on the irrational discriminatory
classification between the rank-and-file and the officers of the BSP, found reasonable because policy adopted by Congress in its treatment of persons similarly situated. In the field of equal
there were substantial distinctions that made real differences between the two classes. protection, the guarantee that “no person shall be … denied the equal protection of the laws”
The above-mentioned subsequent enactments, however, constitute significant changes in includes the prohibition against enacting laws that allow invidious discrimination, directly or
circumstance that considerably alter the reasonability of the continued operation of the last proviso indi-
of Section 15(c), Article II of Republic Act No. 7653, thereby exposing the proviso to more serious
361
scrutiny. This time, the scrutiny relates to the constitutionality of the classification—albeit made
indirectly as a consequence of the passage of eight other laws—between the rank-and-file of the
BSP and the seven other GFIs. The classification must not only be reasonable, but must also VOL. 446, DECEMBER 15, 2004 361
apply equally to all members of the class. The proviso may be fair on its face and impartial in
appearance but it cannot be grossly discriminatory in its operation, so as practically to make Central Bank Employees Association, Inc. vs. Bangko
40
unjust distinctions between persons who are without differences. Sentral ng Pilipinas
Stated differently, the second level of inquiry deals with the following questions: Given that
Congress chose to exempt other GFIs (aside the BSP) from the coverage of the SSL, can the rectly. If a law has the effect of denying the equal protection of the law, or permits such denial, it
exclusion of the rank-and-file employees of the BSP stand constitutional scrutiny in the light of is unconstitutional.
41
the fact that Congress did not exclude the rank-and-file employees of the other GFIs? Is Congress’ It is against this standard that the disparate treatment of the BSP rank-and-file from the
power to classify so unbridled as to sanction unequal and discriminatory treatment, simply other GFIs cannot stand judicial scrutiny. For as regards the exemption from the coverage of the
because the inequity manifested itself, not instantly through a single overt act, but gradually and SSL, there exist no substantial distinctions so as to differentiate, the BSP rank-and-file from the
progressively, through seven separate acts of Congress? Is the right to equal protection of the law other rank-and-file of the seven GFIs. On the contrary, our legal history shows that GFIs have
bounded in time and space that: (a) the right can only be invoked against a classification made long been recognized as comprising one distinct class, separate from other governmental entities.
directly and deliberately, as opposed to a discrimination that arises indirectly, or Before the SSL, Presidential Decree (P.D.) No. 985 (1976) declared it as a State policy (1) to
provide equal pay for substantially equal work, and (2) to base differences in pay upon
_______________ substantive differences in duties and responsibilities, and qualification requirements of the
40 People v. Dela Piedra, G.R. No. 121777, 350 SCRA 163 (January 24, 2001).
positions. P.D. No. 985 was passed to address disparities in pay among similar or comparable
positions which had given rise to dissension among government employees. But even then, GFIs
360 and government-owned and/or controlled corporations (GOCCs) were already identified as a
distinct class among government employees. Thus, Section 2 also provided, “[t]hat
notwithstanding a standardized salary system established for all employees, additional financial
360 SUPREME COURT REPORTS ANNOTATED incentives may be established by government corporation and financial institutions for their
Central Bank Employees Association, Inc. vs. Bangko employees to be supported fully from their corporate funds and for 42
such technical positions as
Sentral ng Pilipinas may be approved by the President in critical government agencies.”
The same favored treatment is made for the GFIs and the GOCCs under the SSL. Section 3(b)
provides that one of the principles governing the Compensation and Position Classification
as a consequence of several other acts; and (b) is the legal analysis confined to determining the System of the Government is that: “[b]asic compensation for all personnel in the government and
validity within the parameters of the statute or ordinance (where the inclusion or exclusion is government-owned or controlled corporations and financial institutions
articulated), thereby proscribing any evaluation vis-à-vis the grouping, or the lack thereof, among
several similar enactments made over a period of time?
_______________
41 People v. Vera, No. 45685, 65 Phil. 56 (November 16, 1937).
42 P.D.
(8) responsibility for accuracy of records and reports;
No. 985 (August 22, 1976).
(9) accountability for funds, properties and equipment; and
362
(10) hardship, hazard and personal risk involved in the job.
362 SUPREME COURT REPORTS ANNOTATED The Benchmark Position Schedule enumerates the position titles that fall within Salary Grades 1
to 20.
Central Bank Employees Association, Inc. vs. Bangko Clearly, under R.A. No. 6758, the rank-and-file of all GFIs were similarly situated in all
Sentral ng Pilipinas aspects pertaining to compensation 47and position classification, in consonance with Section 5,
Article IX-B of the 1997 Constitution.
shall generally be comparable with those in the private sector doing comparable work, and must Then came the enactment of the amended charter of the BSP, implicitly exempting the
be in accordance with prevailing laws on minimum wages.” Monetary Board from the SSL by giving it express authority to determine and institute its own
Thus, the BSP and all other GFIs and43 GOCCs were under the unified Compensation and compensation and wage structure. However, employees whose positions fall under SG 19 and
Position Classification System of the SSL, but rates of pay under the SSL were determined on below were specifically limited to the rates prescribed under the SSL.
the basis of, among others, prevailing rates in the private sector for comparable work. Notably, Subsequent amendments to the charters of other GFIs followed. Significantly, each government
the Compensation and Position Classification System was to be governed by the following financial institution (GFI) was not only expressly authorized to determine and institute its own
principles: (a) just and equitable44wages, with the ratio of compensation between pay distinctions compensation and wage structure, but also explicitly exempted—without distinction as to salary
maintained at equitable levels; and (b) basic compensation generally comparable with the grade or position—all employees of the GFI from the SSL.
45
private sector, in accordance with prevailing laws on minimum wages. Also, the Department of
Budget and Management was directed to use, as guide for preparing46 the Index of Occupational _______________
Services, the Benchmark Position Schedule, and the following factors: 47 Section 5 of the 1987 Constitution provides: “The Congress shall provide for the standardization of compensation of
government officials, including those in government-owned or controlled corporations with original charters, taking into
(1) the education and experience required to perform the duties and responsibilities of the account the nature of the responsibilities pertaining to, and the qualifications required for their positions.”
positions;
364
_______________
43 R.A. No. 6758, Section 2, the policy of which is to “provide equal pay for substantially equal work and to base
364 SUPREME COURT REPORTS ANNOTATED
differences in pay upon substantive differences in duties and responsibilities, and qualification requirements of the Central Bank Employees Association, Inc. vs. Bangko
positions.”
44 Section 3(a) provides that “All government personnel shall be paid just and equitable wages; and while pay Sentral ng Pilipinas
distinctions must necessarily exist in keeping with work distinctions, the ratio of compensation for those occupying higher
ranks to those at lower ranks should be maintained at equitable levels giving due consideration to higher percentages of
It has been proffered that legislative deliberations justify the grant or withdrawal of exemption
increases to lower level positions and lower percentage increases to higher level positions.”
45 Section 3(b) states that “Basic compensation for all personnel in the government, and government-owned or from the SSL, based on the perceived need “to fulfill the mandate of the institution concerned
controlled corporations (GOCCs) and financial institutions (GFIs) shall generally be comparable with those in the private considering, among others, that: (1) the GOCC or GFI is essentially proprietary in character; (2)
sector doing comparable work, and must be in accordance with prevailing laws on minimum wages.” the GOCC or GFI is in direct competition with their [sic] counterparts in the private sector, not
46 Id., Section 9.
only in terms of the provisions of goods or services, but also in terms of hiring and retaining
363
competent personnel; and (3) the GOCC or GFI are or were [sic] experiencing difficulties filling up
plantilla positions with competent personnel and/or retaining these personnel. The need for the
scope of exemption necessarily varies with the particular circumstances of each institution, and the
VOL. 446, DECEMBER 15, 2004 363 corresponding variance in the benefits received by the employees is merely incidental.”
The fragility of this argument is manifest. First, the BSP is the central monetary
Central Bank Employees Association, Inc. vs. Bangko 48
authority, and the banker of the government
49
and all its political subdivisions. It has the sole
Sentral ng Pilipinas 50
power and authority to issue currency; provide policy directions in the areas of money, banking,
and credit; and supervise banks and regulate finance companies and non-bank 51
financial
(2) the nature and complexity of the work to be performed; institutions performing quasi-banking functions, including the exempted GFIs. Hence, the
(3) the kind of supervision received; argument that the rank-and-file employees of the seven GFIs were exempted because of the
importance of their institution’s mandate cannot stand any more than an empty sack can stand.
(4) mental and/or physical strain required in the completion of the work; Second, it is certainly misleading to say that “the need for the scope of exemption necessarily
(5) nature and extent of internal and external relationships; varies with the particular circumstances of each institution.” Nowhere in the deliberations is
(6) kind of supervision exercised; there a cogent basis for the exclusion of the BSP rank-and-file from the exemption which was
(7) decision-making responsibility; granted to the rank-and-file of the other GFIs and the SEC. As point in fact, the
_______________ the eight GFIs from the coverage of the SSL, the exclusion of the BSP rank-and-file employees
48 R.A. No. 7653, Sections 1 and 3.
would have been devoid of any substantial or material basis. It bears no moment, therefore, that
49 Id., Sections 110 and 113. the unlawful discrimination was not a direct result arising from one law. “Nemo potest facere per
50 R.A. No. 7653, Section 50. alium quod non potest facere per directum.” No one is allowed to do indirectly what he is
51 Id., Sections 1 and 3.
prohibited to do directly.
365
It has also been proffered that “similarities alone are not sufficient to support the conclusion
that rank-and-file employees of the BSP may be lumped together with similar employees of the
other GOCCs for purposes of compensation, position classification and qualification standards.
VOL. 446, DECEMBER 15, 2004 365 The fact that certain persons have some attributes in common does not automatically make them
members of the same 54 class with respect to a legislative classification.” Cited is the ruling
Central Bank Employees Association, Inc. vs. Bangko in Johnson v. Robinson: “this finding of similarity ignores that a common characteristic shared
Sentral ng Pilipinas by beneficiaries and nonbeneficiaries alike, is not sufficient to invalidate a statute when other
characteristics peculiar to only one group rationally explain the statute’s different treatment of
BSP and the seven GFIs are similarly situated in so far as Congress deemed it necessary for the two groups.”
these institutions to be exempted from the SSL. True, the SSL-exemption of the BSP and the The reference to Johnson is inapropos. In Johnson, the US Court sustained the validity of the
seven GFIs was granted in the amended charters of each GFI, enacted separately and over a classification as there were quantitative and qualitative distinctions, expressly recognized by
period of time. But it bears emphasis that, while each GFI has a mandate different and distinct Congress, which formed a rational basis for the classification limiting educational benefits to
from that of another, the deliberations show that the raison d’être of the SSL-exemption military service veterans as a means of helping them readjust to civilian life. The Court listed the
was inextricably linked to and for the most part based on factors common to the eight GFIs, i.e., peculiar characteristics as follows:
(1) the pivotal role they play in the economy; (2) the necessity of hiring and retaining qualified
and effective personnel to carry out the GFI’s mandate; and (3) the recognition that the _______________
compensation package of these GFIs is not competitive, and fall substantially below industry 53 R.A. No. 8799 (2000), Section 7.2.
standards. Considering further that (a) the BSP was the first GFI granted SSL exemption; and 54 415 U.S. 361 (1974).
(b) the subsequent exemptions of other GFIs did not distinguish between the officers and the
rank-and-file; it is patent that the classification made between the BSP rank-and-file and those of 367
the other seven GFIs was inadvertent, and NOT intended, i.e., it was not based on any substantial
distinction vis-à-vis the particular circumstances of each GFI. Moreover, the exemption granted
VOL. 446, DECEMBER 15, 2004 367
to two GFIs makes express reference to allowance and fringe benefits 52
similar to those extended to
and currently enjoyed by the employees and personnel of other GFIs, underscoring that GFIs are Central Bank Employees Association, Inc. vs. Bangko
a particular class within the realm of government entities. Sentral ng Pilipinas
It is precisely this unpremeditated discrepancy in treatment of the rank-and-file of the BSP—
made manifest and glaring with each and every consequential grant of blanket exemption from
First, the disruption caused by military service is quantitatively greater than that caused by alternative
the SSL to the other GFIs—that cannot be rationalized or justified. Even more so, when the SEC
civilian service. A conscientious objector performing alternative service is obligated to work for two years.
—which is not a GFI—was given leave to have a compensation plan that “shall be comparable Service in the Armed Forces, on the other hand, involves a six-year commitment . . .
with the prevailing compensation x x x x x x x x x
Second, the disruptions suffered by military veterans and alternative service performers are qualitatively
_______________ different. Military veterans suffer a far greater loss of personal freedom during their service careers.
Uprooted from civilian life, the military veteran becomes part of the military establishment, subject to its
52 R.A. No. 8289 [SBGFC], Section 8; R.A. No. 9302 [PDIC], Section 2. discipline and potentially hazardous duty. Congress was acutely aware of the peculiar disabilities caused by
military service, in consequence of which military servicemen have a special need for readjustment benefits .
366 55
. . (citations omitted)
In the case at bar, it is precisely the fact that as regards the exemption from the SSL, there are no
characteristics peculiar only to the seven GFIs or their rank-and-file so as to justify the exemption
Central Bank Employees Association, Inc. vs. Bangko which BSP rank-and-file employees were denied (not to mention 56
the anomaly of the SEC getting
Sentral ng Pilipinas one). The distinction made by the law is not only superficial, but also arbitrary. It is not based
on substantial distinctions that make real differences between the BSP rank-and-file and the
53 seven other GFIs.
plan in the [BSP] and other [GFIs],” then granted a blanket exemption from the SSL, and its Moreover, the issue in this case is not—as the dissenting opinion of Mme. Justice Carpio-
rank-and-file endowed a more preferred treatment than the rank-and-file of the BSP. Morales would put it—whether “being an employee of a GOCC or GFI is reasonable and sufficient
The violation to the equal protection clause becomes even more pronounced when we are faced basis for exemption” from R.A. No. 6758. It is Congress itself that distinguished the GFIs from
with this undeniable truth: that if Congress had enacted a law for the sole purpose of exempting other government agencies, not once but eight times, through the enactment of R.A. Nos. 7653,
7907, 8282, 8289, 8291, 8523, 8763, and 9302. These laws may have created a “preferred sub- excluded,
59
it becomes a matter of arbitrariness that this Court has the duty and the power to
class within government employees,” but the present correct. 60As held in the United Kingdom case of Hooper v. Secretary of State for Work and
Pensions, once the State has chosen to confer benefits, “discrimination” contrary to law may
_______________ occur where favorable treatment already afforded to one group is refused
61
to another, even though
the State is under no obligation to provide that favorable treatment.
55 Id.
56 Philippine
The disparity of treatment between BSP rank-and-file and the rank-and-file of the other seven
Judges Association v. Prado, G.R. No. 105371, 227 SCRA 703 (November 11, 1993).
GFIs definitely bears the unmistakable badge of invidious discrimination—no one can, with
368 candor and fairness, deny the discriminatory character of the subsequent blanket and total
exemption of the seven other GFIs from the SSL when such was withheld from the BSP. Alikes
are being treated as unalikes without any rational basis.
368 SUPREME COURT REPORTS ANNOTATED Again, it must be emphasized that the equal protection clause does not demand absolute
Central Bank Employees Association, Inc. vs. Bangko equality but it requires that all persons shall be treated alike, under like circumstances and
Sentral ng Pilipinas conditions both as to privileges conferred and liabilities enforced. Favoritism and undue
preference cannot be allowed. For the principle is that equal protection and security shall be
challenge is not directed at the wisdom of these laws. Rather, it is a legal conundrum involving _______________
the exercise of legislative power, the validity of which must be measured not only by looking at
59 See Philippine
the specific exercise in and by itself(R.A. No. 7653), but also as to the legal effects brought about Judges Association v. Prado, G.R. No. 105371, 227 SCRA 703, 713-715 (November 11, 1993).
60 [2002] EWHC 191 (Admin).
by seven separate exercises—albeit indirectly and without intent. 61 Id. The significance of international human rights instruments in the European context should not be
Thus, even if petitioner had not alleged “a comparable change in the factual milieu as regards underestimated. In Hooper for example, the case was brought on the alleged denial of a right guaranteed by the ECHR,
the compensation, position classification and qualification standards of the employees of the BSP given domestic effect in the U.K. through its Human Rights Act 1998 (HRA), and the ECHR, as one of the contracting
(whether of the executive level or of the rank-and-file) since 57
the enactment of the new Central parties. Also, in Wilson v. United Kingdom, (30668/96) (2002) 35 E.H.R.R. 20 (ECHR), the European Court of Human
Bank Act” is of no moment. In GSIS v. Montesclaros, this Court resolved the issue of Rights took into account the requirements of ILO Conventions Nos. 87 and 98, and of the European Social Charter of
constitutionality notwithstanding that claimant had manifested that she was no longer 1961, in ruling that the United Kingdom had breached the applicants’ freedom of association. See Aileen
McColgan, Principles of Equality and Protection from Discrimination, 2 E.H.R.L.R. 157 (2003).
interested in pursuing the case, and even when the constitutionality of the said provision was not
squarely raised as an issue, because the issue involved not only the claimant but also others 370
similarly situated and whose claims GSIS would also deny based on the challenged proviso. The
Court held that social justice and public interest demanded the resolution of the constitutionality
of the proviso. And so it is with the challenged proviso in the case at bar. 370 SUPREME COURT REPORTS ANNOTATED
It bears stressing that the exemption from the SSL is a “privilege” fully within the legislative Central Bank Employees Association, Inc. vs. Bangko
prerogative to give or deny. However, its subsequent grant to the rank-and-file of the seven other
GFIs and continued denial to the BSP rank-and-file employees breached the latter’s right to
equal protection. In other words, while the granting of a privilege per se is a matter of policy
exclusively within the domain and prerogative of Congress, 58
the validity or legality of the given to every person under circumstances which, if not identical, are analogous. If law be looked
exercise of this prerogative is subject to judicial review. So when the distinction made is upon in terms of burden or charges, those that fall within a class should be treated in 62
the same
superficial, and not based on substantial distinctions that make real differences between those fashion; whatever restrictions cast on some in the group is equally binding on the rest.
included and In light of the lack of real and substantial distinctions that would justify the unequal
treatment between the rank-and-file of BSP from the seven other GFIs, it is clear that the
_______________ enactment of the seven subsequent charters has rendered the continued application of the
challenged proviso anathema to the equal protection of the law, and the same should be declared
57 G.R. No. 146494; 434 SCRA 441 (July 14, 2004).
58 Constitution,
as an outlaw.
Article VIII, Section 1.
369
IV. Equal Protection Under International Lens
VOL. 446, DECEMBER 15, 2004 369 In our jurisdiction, the standard and analysis of equal protection challenges in the main have
followed the 63 “rational basis” test, coupled with a deferential attitude to legislative
Central Bank Employees Association, Inc. vs. Bangko classifications and a reluctance to invalidate a law unless there is a showing of a clear and
64
Sentral ng Pilipinas unequivocal breach of the Constitution.
_______________
62 J.M. Tuason and Co., Inc. v. Land Tenure Administration, No. L-21064, 31 SCRA 413, 435 (February 18, 1970). to be shown “necessary” to achieve statutory ends, not merely “reasonably related” ones. Moreover, equal
63 See Association of Small Landowners in the Philippines v. Secretary of Agrarian Reform, G.R. Nos. 78742, 79310, protection became a source of ends scrutiny as well: legislation in the areas of the new equal protection had
79744, and 79777; 175 SCRA 343 (July 14, 1989). to be justified by “compelling” state interests, not merely the wide spectrum of “legitimate” state ends.
64 People v. Vera, supra, citing U.S. v. Ten Yu, 24 Phil. 1, 10 (December 28, 1912); Case v. Board of Health and Heiser,
The Warren Court identified the areas appropriate for strict scrutiny by searching for two
supra; and U.S. v. Joson, supra. See Peralta v. Commission on Elections, No. L-47771, No. L-47803, No. L-47816, No. L- characteristics: the presence of a “suspect” classification; or an impact on “fundamental” rights or interests.
47767, No. L-47791 and No. L-47826, 82 SCRA 30(March 11, 1978), citing Cooper v. Telfair, 4 Dall. 14; DODD, CASES In the category of “suspect classifications,” the Warren Court’s major contribution was to intensify the strict
ON CONSTITUTIONAL LAW 56 (3rd ed. 1942).
scrutiny in the traditionally interventionist area of racial classifications. But other cases also suggested that
371 there might be more other suspect categories as well: illegitimacy and wealth for example. But it was the
‘fundamental interests” ingredient of the new equal protection that proved particularly dynamic, open-
ended, and amorphous . . . . [Other fundamental interests included voting, criminal appeals, and the right of
VOL. 446, DECEMBER 15, 2004 371 interstate travel . . . .]
x x x x x x x x x
Central Bank Employees Association, Inc. vs. Bangko The Burger Court and Equal Protection.
Sentral ng Pilipinas The Burger Court was reluctant to expand the scope of the new equal protection, although its best
established ingredient retains vitality. There was also mounting discontent with the rigid two-tier
formulations of the Warren Court’s equal protection doctrine. It was prepared to use the clause as an
A. Equal Protection interventionist tool without resorting to the strict language of the new equal protection . . . . [Among the
in the United States fundamental interests identified during this time were voting and access to the ballot, while “suspect”
classifications included sex, alienage and illegitimacy.]
In contrast, jurisprudence in the U.S. has gone beyond the static “rational basis” test. Professor x x x x x x x x x
65
Even while the two-tier scheme has often been adhered to in form, there has also been an increasingly
Gunther highlights the development in equal protection jurisprudential analysis, to wit:
noticeable resistance to the sharp difference between deferential “old” and interventionist “new” equal
Traditionally, equal protection supported only minimal judicial intervention in most contexts. Ordinarily, protection. A number of justices sought formulations that would blur the sharp distinctions of the two-tiered
the command of equal protection was only that government must not impose differences in treatment approach or that would narrow the gap between strict scrutiny and deferential re-
“except upon some reasonable differentiation fairly related to the object of regulation.” The old variety of 373
equal protection scrutiny focused solely on the means used by the legislature: it insisted merely that the
classification in the statute reasonably relates to the legislative purpose. Unlike substantive due process,
equal protection scrutiny was not typically concerned with identifying “fundamental values” and restraining VOL. 446, DECEMBER 15, 2004 373
legislative ends. And usually the rational classification requirement was readily satisfied: the courts did not
demand a tight fit between classification and purpose; perfect congruence between means and ends was not Central Bank Employees Association, Inc. vs. Bangko
required. Sentral ng Pilipinas
x x x x x x x x x
[From marginal intervention to major cutting edge: The Warren Court’s “new equal protection” and the
two-tier approach.] view. The most elaborate attack came from Justice Marshall, 66
whose frequently stated position was
From its traditional modest role, equal protection burgeoned into a major intervention tool during the developed most elaborately in his dissent in the Rodriguez case:
Warren era, especially in the 1960s. The Warren Court did not abandon the deferential ingredients of the old
equal protection: in most areas of economic and social legislation, the demands imposed by equal protection The Court apparently seeks to establish [that] equal protection cases fall into one of two neat categories which dictate
the appropriate standard of review—strict scrutiny or mere rationality. But this (sic) Court’s [decisions] defy such easy
remained as minimal as ever . . . But the Court launched an equal protection revolution by finding large new
categorization. A principled reading of what this Court has done reveals that it has applied a spectrum of standards in
areas for strict rather than deferential scrutiny. A sharply differentiated two-tier approach evolved by the
reviewing discrimination allegedly violative of the equal protection clause. This spectrum clearly comprehends
late 1960s: in addition to the deferential “old” equal protection, a “new” equal protection, connoting strict variations in the degree of care with which Court will scrutinize particular classification, depending, I believe, on the
scrutiny, arose . . . The intensive review associated with the new equal protection imposed two demands—a constitutional and societal importance of the interests adversely affected and the recognized invidiousness of the basis
demand not only as to means but also one as to ends. upon which the particular classification is drawn.
_______________ Justice Marshall’s “sliding scale” approach describes many of the modern decisions, although it is a
formulation that the majority refused to embrace. But the Burger Court’s results indicate at least two
65 GERALD GUNTHER, CONSTITUTIONAL LAW 586-589 (11th ed. 1985).
significant changes in equal protection law: First, invocation of the “old” equal protection formula no longer
372 signals, as it did with the Warren Court, an extreme deference to legislative classifications and a virtually
automatic validation of challenged statutes. Instead, several cases, even while voicing the minimal
“rationality” “hands-off” standards of the old equal protection, proceed to find the statute
372 SUPREME COURT REPORTS ANNOTATED unconstitutional. Second, in some areas the modern Court has put forth standards for equal protection
review that, while clearly more intensive than the deference of the “old” equal protection, are less
Central Bank Employees Association, Inc. vs. Bangko demanding than the strictness of the “new” equal protection. Sex discrimination is the best established
Sentral ng Pilipinas example of an “intermediate” level of review.Thus, in one case, the Court said that “classifications by gender
must serve important governmental objectives and must be substantially related to achievement of those
objectives.” That standard is “intermediate” with respect to both ends and means: where ends must be
Legislation qualifying for strict scrutiny required a far closer fit between classification and statutory “compelling” to survive strict scrutiny and merely “legitimate” under the “old” mode, “important” objectives
purpose than the rough and ready flexibility traditionally tolerated by the old equal protection: means had are required here; and where means must be “necessary” under the
70
_______________ illegitimacy, or sexual orientation) than of others. Thus, in Abdulaziz, the European Court
66 San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973). declared that:
374 . . . [t]he advancement of the equality of the sexes is today a major goal in the member States of the Council
of Europe. This means that very weighty reasons would have to be advanced before a difference of treatment
on the ground of sex could be regarded as compatible with the Convention.
374 SUPREME COURT REPORTS ANNOTATED 71
And in Gaygusuz v. Austria, the European Court held that “very weighty reasons would have to
Central Bank Employees Association, Inc. vs. Bangko be put forward before the Court could regard a difference72 of treatment based exclusively on the
Sentral ng Pilipinas ground of nationality as compatible with the Convention.” The European Court will then permit
States a very much narrower margin of appreciation in relation to discrimination on grounds of
“new” equal protection, and merely “rationally related” under the “old” equal protection, they must be sex, race, etc., in the application of the Convention rights than it will
73
in relation to distinctions
“substantially related” to survive the “intermediate” level of review. (emphasis supplied, citations omitted) drawn by states between, for example, large and small landowners.
B. Equal Protection
_______________
in Europe
69 The European Court has also taken an even more restricted approach to Article 14, asking only whether the
The United Kingdom and other members of the European Community have also gone forward in treatment at issue had a justified aim in view or whether the authorities pursued “other and ill-intentioned
designs.” National Union of Belgian Police v. Belgium, 1 E.H.R.R. 578 (1979-80); and Swedish Engine Drivers’ Union v.
discriminatory legislation and jurisprudence. Within the United Kingdom domestic law, the most
Sweden 1 E.H.R.R. 617 (1979-80).
extensive list of protected grounds can be found in Article 14 of the European Convention on 70 Abdulaziz v. United Kingdom, (A/94) 7 E.H.R.R. 471 (1985) (ECHR).
Human Rights (ECHR). It prohibits discrimination on grounds such as “sex, race, colour, 71 23 E.H.R.R. 364 (1997).
language, religion, political or other opinion, national or social origin, association with a national 72 Id.
73 Aileen McColgan, Principles of Equality and Protection from Discrimination, 2 E.H.R.L.R. 157 (2003).
minority, property, birth or other status.” This list is illustrative and not
exhaustive. Discrimination on the basis of race, sex and religion is regarded as grounds that 376
require strict scrutiny. A further indication that certain forms of discrimination are regarded
as particularly suspect under the Covenant can be gleaned from Article 4, which, while allowing
states to derogate from certain Covenant articles in times of national emergency, prohibits 376 SUPREME COURT REPORTS ANNOTATED
derogation by measures67 that discriminate solely on the grounds of “race, colour, language,
religion or social origin.” Central Bank Employees Association, Inc. vs. Bangko
Moreover, the European Court of Human Rights has developed a test of justification which Sentral ng Pilipinas
68
varies with the ground of discrimination. In the Belgian Linguistics case the European Court set
the standard of justification at a low level: discrimination would contravene the Convention only C. Equality under
if it had no International Law
_______________ The principle of equality has long been recognized under international law. Article 1 of the
67 See Gay
Universal Declaration of Human Rights proclaims that all human beings are born free and equal
Moon, Complying with Its International Human Rights Obligations: The United Kingdom and Article 26 of
the International Covenant on Civil and Political Rights, 3 E.H.R.L.R. 283-307 (2003). in dignity and rights. Non-discrimination, together with equality before the law and equal
68 (No. 2) (A/6) 1 E.H.R.R. 252 (1979-80) (ECHR). protection of the
74
law without any discrimination, constitutes basic principles in the protection of
human rights.
375 Most, if not all, international human rights instrumentsinclude some prohibition on
75
discrimination and/or provisions about equality. The general international provisions pertinent
VOL. 446, DECEMBER 15, 2004 375 to discrimination
76
and/or equality are the International Covenant on Civil and Political Rights
(ICCPR); the International Covenant on Economic, Social and Cultural Rights (ICESCR);77 the
Central Bank Employees Association, Inc. vs. Bangko International Convention on the Elimination of all Forms of Racial Discrimination (CERD); the
Sentral ng Pilipinas Convention on the Elimination of all Forms of Discrimination against
legitimate aim, or there was no reasonable relationship of proportionality between the means _______________
69
employed and the aim sought to be realised. But over the years, the European Court has 74 Aileen McColgan, Principles of Equality and Protection from Discrimination, 2 E.H.R.L.R. 157 (2003). See Tufyal
developed a hierarchy of grounds covered by Article 14 of the ECHR, a much higher level of Choudhury, Interpreting the Right to Equality under Article 26 of the International Covenant on Civil and Political Rights,
justification being required in respect of those regarded as “suspect” (sex, race, nationality, 1 E.H.R.L.R. 24-52 (2003).
75 Aileen McColgan, Principles of Equality and Protection from Discrimination, 2 E.H.R.L.R. 157 (2003).
76 Article 26 of the ICCPR provides that:
70
“All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the States Parties “to ensure . . . the full and free exercise of [the rights guaranteed] . . . without any
law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground
such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” discrimination”
82
and to “secure without discrimination” the enjoyment of the rights
77 Article 5(b) of CERD requires States to protect individuals from (racially discriminatory) violence “whether inflicted
guaranteed. These provisions impose a measure of positive obligation on States Parties to take
by government officials or by any individual group or institution.”
steps to eradicate discrimination.
In the employment field, basic detailed minimum standards ensuring equality and prevention
377 of discrimination, are laid
VOL. 446, DECEMBER 15, 2004 377 _______________
national Covenant on Civil and Political Rights, 1 E.H.R.L.R. 24-52 (2003).

Central Bank Employees Association, Inc. vs. Bangko 82 Also, Articles 2 and 3 of the ICCPR require that Contracting States agree to “respect and to ensure to all individuals
Sentral ng Pilipinas within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any
kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or
other status,” and (Article 3) “to ensure the equal right of men and women to the enjoyment of all civil and political rights
Women (CEDAW); and the Convention on the Rights of the Child (CRC). set forth in the present may not involve discrimination solely on the ground of race, colour, sex, language, religion or
In the broader international context, equality78is also enshrined in regional instruments such as social origin.” Other examples include: Article 2 of CEDAW, which require States Parties to the Convention not only to
the American
79
Convention on Human Rights; the 80African Charter on Human and People’s “embody the principle of the equality of men and women in their national constitutions or other appropriate legislation”
Rights; the European Convention on Human Rights; the European Social Charter of 1961 and but also “to ensure, through law and other appropriate means, the practical realization of this principle”; and Article 5(b)
of CERD requires States to protect individuals from (racially discriminatory) violence “whether inflicted by government
revised Social Charter of 1996; and the European Union Charter of Rights (of particular
officials or by any individual group or institution.” See also Articles 2 and 3 CSECR, and Article 2 of the African Charter,
importance to European states). Even the Council of the League of Arab States has adopted the which is similar to Article 2 of the ICCPR. Aileen McColgan, Principles of Equality and Protection from Discrimination, 2
Arab Charter 81on Human Rights in 1994, although it has yet to be ratified by the Member States E.H.R.L.R. 157 (2003).
of the League.
379
_______________
78 Article 1 of the American Conventions on Human Rights provides that:
VOL. 446, DECEMBER 15, 2004 379
“The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons Central Bank Employees Association, Inc. vs. Bangko
subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color,
sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition; . . .”
79 Article 26 of the ICCPR is echoed in its broad proscription of discrimination by Article 3 of the African Charter which 83
provides that: down in the ICESCR and in a very large number of Conventions
84
administered by the
International Labour Organisation, a United Nations body. Additionally, many of the other
“1. Every individual shall be equal before the law. international85 and regional human rights instruments have specific provisions relating to
2. Every individual shall be entitled to equal protection of the law.” employment.
80 Article 14 of the European Conventions on Human Rights provides that:
_______________
“The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as
sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, 83 Article 7 of the ICESCR provides the right:
birth or other status.”
81 See Aileen McColgan, Principles of Equality and Protection from Discrimination, 2 E.H.R.L.R. 157 (2003); and Tufyal
“. . . to the enjoyment of just and favourable conditions of work . . . in particular . . . fair wages and equal remuneration for work of
equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by
Choudhury, Interpreting the Right to Equality under Article 26 of the Inter- men, with equal pay for equal work [and] . . . equal opportunity for everyone to be promoted in his employment to an appropriate higher
level, subject to no considerations other than those of seniority and competence.”
378
84 See Convention Nos. 100 of 1951, 103 of 1952, 111 of 1958, 118 of 1962 and 156 of 1981 which deal respectively with
equal pay for men and women; maternity rights; discrimination in employment and occupation; equality of treatment in
378 SUPREME COURT REPORTS ANNOTATED social security; and workers with family responsibilities. Convention No. 100 has been ratified by no less than 159
countries and Convention No. 111 by 156 (these being two of the eight fundamental Conventions the ratification of which
Central Bank Employees Association, Inc. vs. Bangko is all but compulsory). Conventions Nos. 103, 118 and 156 have been ratified by 40, 38 and 34 countries, respectively.
85 For example, Articles 11, 12 and 13 of CEDAW require the taking of “all appropriate measures” to eliminate
Sentral ng Pilipinas discrimination against women in the fields of employment, health care, and other areas of economic life including the
right to benefits and financial services. Article 15 of the African Charter provides a right for “every individual” to “equal
pay for equal work,” which, like Article 7 of the ICESCR, applies whether an individual is employed by the state or by a
The equality provisions in these instruments do not merely function as traditional “first
private body. The Council of Europe’s Revised Social Charter provides for the “right to equal opportunities and equal
generation” rights, commonly viewed as concerned only with constraining rather than requiring treatment in matters of employment and occupation without discrimination on the grounds of sex” and to the protection of
State action. Article 26 of the ICCPR requires “guarantee[s]” of “equal and effective protection workers with family responsibilities. The Social Charter of the Council of Europe also incorporates a commitment on the
against discrimination” while Articles 1 and 14 of the American and European Conventions oblige part of Contracting States to “recognise the right of men and women workers to equal pay for work of equal value” as well
as that of children, young persons and women to protection in employment (the latter group in connection
380 of nullifying or impairing
91
the recognition, enjoyment or exercise by all persons, on an equal footing, of all
rights and freedoms. (emphasis supplied)

_______________
Central Bank Employees Association, Inc. vs. Bangko 89 S.W.M. Broeks v. Netherlands (172/1984), paragraph 12.4.
Sentral ng Pilipinas 90 Human Rights Committee, General Comment No. 18 (1989).
91 Id.In the Belgian Linguistics case, (No. 2) (A/6) (1979-80) 1 E.H.R.R. 252 (ECHR), the European Court of Human
Rights referred to the “aims and effects” of the measure challenged under Article14 of the European Convention, implying
The United Nations Human Rights Committee has also gone beyond the earlier tendency to view that indirect as well as direct discrimination could be contrary to the provision. And in Thlimmenos v. Greece, 31 E.H.R.R.
the prohibition
86
against discrimination 88 (Article 26) as confined to the ICCPR
87
15 (2001), the European Court ruled that discrimination contrary to the European Convention had occurred when a man
rights. In Broeks and Zwaan-de Vries, the issue before the Committee was whether who had been criminalised because of his refusal (as a Jehovah’s Witness and, therefore, a pacifist) to wear a military
discriminatory provisions in the Dutch Unemployment Benefits Act (WWV) fell within the scope uniform during compulsory military service, was subsequently refused access to the chartered accountancy profession
because of a rule which barred those with criminal convictions from being chartered. According to the Court:
of Article 26. The Dutch government submitted that discrimination in social security benefit “[We have] so far considered that the right under Article 14 not to be discriminated against in the enjoyment of the
provision was not within the scope of Article 26, as the right was contained in the ICESCR and rights guaranteed under the Convention is violated when States treat differently
not the ICCPR. They accepted that Article 26 could go beyond the rights contained in the
Covenant to other civil and political rights, such as discrimination in the field of taxation, but 382
contended that Article 26 did not extend to the social, economic, and cultural rights contained in
ICESCR. The Committee rejected this argument. In its view, Article 26 applied to rights beyond 382 SUPREME COURT REPORTS ANNOTATED
the Covenant including the rights in other international treaties such as the right to social
security found in ICESCR: Central Bank Employees Association, Inc. vs. Bangko
Although Article 26 requires that legislation should prohibit discrimination, it does not of itself contain any
obligation with respect
Thus, the two-tier analysis made in the case at bar of the challenged provision, and its conclusion
_______________ of unconstitutionality by subsequent operation, are in cadence and in consonance with the
with pregnancy and childbirth), and rights for migrant workers. Article 5 CERD does not merely require Contracting States to progressive trend of other jurisdictions and in international law. There should be no hesitation in
eliminate race discrimination in their own practices but also obliges them to prohibit race discrimination “in all its forms and to using the equal protection clause as a major cutting edge to eliminate every conceivable irrational
guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in
the enjoyment of economic, social and cultural rights,” in particular, employment rights including rights to “just and favourable discrimination in our society. Indeed, the social justice imperatives in the Constitution,
92
coupled
conditions of work”, protection against unemployment, “just and favourable remuneration” and to form and join trade with the special status and protection afforded to labor, compel this approach.
unions. See Aileen McColgan, Principles of Equality and Protection from Discrimination, 2 E.H.R.L.R. 157 (2003).
86 Tufyal Choudhury, Interpreting the Right to Equality under Article 26 of the International Covenant on Civil and Political
Rights, 1 E.H.R.L.R. 24-52 (2003). _______________
87 SWM Broeks v. the Netherlands (172/1984).
88 F.H. Zwaan-de Vries v. the Netherlands (182/1984).
persons in analogous situations without providing an objective and reasonable justification . . . However, the Court
considers that this is not the only facet of the prohibition of discrimination in Article 14. The right not to be discriminated
381
against in the enjoyment of the rights guaranteed under the Convention is also violated when States without an objective
and reasonable justification fail to treat differently persons whose situations are significantly different.”
See also Jordan v. United Kingdom (App. No. 24746/94), para. 154. Aileen McColgan, Principles of Equality and
VOL. 446, DECEMBER 15, 2004 381 Protection from Discrimination, 2 E.H.R.L.R. 157 (2003).
92 The 1987 Constitutional provisions pertinent to social justice and the protection granted to Labor are:
Sentral ng Pilipinas PREAMBLE:
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a
Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure
to the matters that may be provided for by legislation. Thus it does not, for example, require any state to to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice,
enact legislation to provide for social security. However, when such legislation is adopted in89the exercise of a freedom, love, equality and peace, do ordain and promulgate this Constitution.
State’s sovereign power, then such legislation must comply with Article 26 of the Covenant. ARTICLE II: DECLARATION OF PRINCIPLES AND STATE POLICIES: PRINCIPLES
SECTION 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation
and free the people from poverty through policies that provide adequate social services, promote
Breaches of the right to equal protection occur directly or indirectly. A classification may be
struck down if it has the purpose or effect of violating the right to equal protection. International
90
383
law recognizes that discrimination may occur indirectly, as the Human Rights Committee took
into account the definitions of discrimination adopted by CERD and CEDAW in declaring that:
VOL. 446, DECEMBER 15, 2004 383
. . . “discrimination” as used in the [ICCPR] should be understood to imply any distinction, exclusion,
restriction or preference which is based on any ground such as race, colour, sex, language, religion, political Central Bank Employees Association, Inc. vs. Bangko
or other opinion, national or social origin,property, birth or other status, and which has the purpose or effect Sentral ng Pilipinas
Apropos the special protection afforded to labor under our Central Bank Employees Association, Inc. vs. Bangko
_______________
93
full employment, a rising standard of living, and an improved quality of life for all. tional School Alliance of Educators v. Quisumbing:
SECTION 10. The State shall promote social justice in all phases of national development.
SECTION 11. The State values the dignity of every human person and guarantees full respect for human rights. That public policy abhors inequality and discrimination is beyond contention. Our Constitution and laws
SECTION 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their
welfare. reflect the policy against these evils. The Constitution in the Article on Social Justice and Human Rights
ARTICLE III: BILL OF RIGHTS exhorts Congress to “give highest priority to the enactment of measures that protect and enhance the right
SECTION 1. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the of all people to human dignity, reduce social, economic, and political inequalities.” The very broad Article 19
equal protection of the laws.
of the Civil Code requires every person, “in the exercise of his rights and in the performance of his duties,
ARTICLE IX: CONSTITUTIONAL COMMISSIONS [to] act with justice, give everyone his due, and observe honesty and good faith.”
B. THE CIVIL SERVICE COMMISSION International law, which springs from general principles of law, likewise proscribes discrimination.
SECTION 5. The Congress shall provide for the standardization of compensation of government officials and employees, including General principles of law include principles of equity, i.e., the general principles of fairness and justice,
those in government-owned or controlled corporations with original charters, taking into account the nature of the responsibilities based on the test of what is reasonable. The Universal Declaration of Human Rights, the International
pertaining to, and the qualifications required for their positions. Covenant on Economic, Social, and Cultural Rights, the International Convention on the Elimination of All
ARTICLE XII: NATIONAL ECONOMY AND PATRIMONY
SECTION 1. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained Forms of Racial Discrimination, the Convention against Discrimination in Education, the Convention (No.
increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the 111) Concerning Discrimination in Respect of Employment and Occupation—all embody the general
key to raising the quality of life for all, especially the underprivileged. principle against discrimination, the very antithesis of fairness and justice. The Philippines, through its
The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform,
through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and Constitution, has incorporated this principle as part of its national laws.
foreign markets. However, the State shall In the workplace, where the relations between capital and labor are often skewed in favor of capital,
inequality and discrimination by the employer are all the more reprehensible.
384 The Constitution specifically provides that labor is entitled to “humane conditions of work.” These
conditions are not restricted to the
_______________
Central Bank Employees Association, Inc. vs. Bangko and shall enforce their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and
Sentral ng Pilipinas the right of enterprises to reasonable returns on investments, and to expansion and growth.
93 International School Alliance of Educators v. Quisumbing, G.R. No. 128845, 333 SCRA 13 (June 1, 2000).
Constitution and international law, we held in Interna-
386
_______________
protect Filipino enterprises against unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop.
Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base Central Bank Employees Association, Inc. vs. Bangko
of their ownership.
SECTION 22. Acts which circumvent or negate any of the provisions of this Article shall be considered inimical to the national
interest and subject to criminal and civil sanctions, as may be provided by law.
ARTICLE XIII: SOCIAL JUSTICE AND HUMAN RIGHTS
SECTION 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the physical workplace—the factory, the office or the field—but include as well the manner by which employers
people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing treat their employees.
wealth and political power for the common good. The Constitution also directs the State to promote “equality of employment opportunities for all.”
To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.
Similarly, the Labor Code provides that the State shall “ensure equal work opportunities regardless of sex,
LABOR race or creed.” It would be an affront to both the spirit and letter of these provisions if the State, in spite of
SECTION 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full
its primordial obligation to promote and ensure equal employment opportunities, closes its eyes to unequal
employment and equality of employment opportunities for all. and discriminatory terms and conditions of employment.
It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted x x x x x x x x x
activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work,
and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be
Notably, the International Covenant on Economic, Social, and Cultural Rights, in Article 7 thereof,
provided by law. provides:
The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary
modes in settling disputes, including conciliation, The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and [favorable]
conditions of work, which ensure, in particular:
385 a. Remuneration which provides all workers, as a minimum, with:
i. Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women
being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;
VOL. 446, DECEMBER 15, 2004 385 x x x x x x x x x
The foregoing provisions impregnably institutionalize in this jurisdiction the long honored legal truism of Sentral ng Pilipinas
“equal pay for equal work.” Persons who work with substantially equal qualifications, skill, effort and
responsibility, under similar conditions, should be paid similar salaries. (citations omitted)
our jurisdiction and have only limited persuasive merit insofar as Philippine constitutional law is
Congress retains its wide discretion in providing for a valid classification, and its policies should concerned....[I]n resolving constitutional disputes, [this Court] should not be beguiled by foreign
be accorded recognition
94
and respect by the courts of justice except when they run afoul of the jurisprudence some of which are hardly 98
applicable because they have been dictated by different
Constitution. The deference stops where the classification violates a fundamental right, or constitutional settings and needs.” Indeed, although the Philippine Constitution can 99trace its
prejudices persons origins to that of the United States, their paths of development have long since diverged.
Further, the quest for a better and more “equal” world calls for the use of equal protection as a
_______________ tool of effective judicial intervention.
94 See Association of Small Landowners in the Philippines, Inc. v. Secretary of Agrarian Reform, G.R. Nos. 78742, Equality is one ideal which cries out for bold attention and action in the Constitution. The Preamble
79310, 79744, and 79777, 175 SCRA 343 (July 14, 1989). proclaims “equality” as an ideal precisely in protest against crushing inequities in Philippine society. The
command to promote social justice in Article II, Section 10, in “all phases of national development,” further
387 explicated in Article XIII, are clear commands to the State to take affirmative action in the direction of
greater equality . . . [T]here is thus in the Philippine Constitution no lack
100
of doctrinal support for a more
vigorous state effort towards achieving a reasonable measure of equality.
VOL. 446, DECEMBER 15, 2004 387
Central Bank Employees Association, Inc. vs. Bangko Our present Constitution has gone further in 101 guaranteeing vital social and economic rights to
marginalized groups of society, including labor. Under the policy of social justice, the law bends
over backward to accommodate the interests of the working 102
class on the humane justification
that those with less privilege in life should have more in law. And the obli-
accorded special protection by the Constitution. When these violations arise, this Court must
discharge its primary role as the vanguard of constitutional guaranties, and require a stricter and _______________
more exacting adherence to constitutional limitations. Rational basis should not suffice.
98 Francisco, Jr. v. House of Representatives, G.R. No. 160261, 415 SCRA 44 (November 10, 2003).
Admittedly, the view that prejudice to persons accorded special protection by the Constitution
99 Id.
requires a stricter judicial scrutiny finds no support in American or English jurisprudence. 100 JOAQUIN G. BERNAS, S.J., THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES 160 (2003).
Nevertheless, these foreign decisions and authorities are not per se controlling in this 101 Globe-Mackay Cable and Radio Corp. v. National Labor Relations Commission, G.R. No. 82511, 206 SCRA
jurisdiction.
95
At best, they are persuasive and have been used to support many of our 701 (March 3, 1992).
decisions. We should not place undue and fawning reliance upon them and regard them as 102 Uy v. Commission on Audit, G.R. No. 130685, 328 SCRA 607 (March 21, 2000).
indispensable mental crutches without which we cannot come to our own decisions through the
389
employment of our own endowments. We live in a different ambience and must decide our own
problems in the light of our own interests and needs, and of our qualities
96
and even idiosyncrasies
as a people, and always with our own concept of law and justice. Our laws must be construed in VOL. 446, DECEMBER 15, 2004 389
accordance with the intention of our own lawmakers and such intent may be deduced from the
language of each law and the context of other local legislation related thereto. More importantly, Central Bank Employees Association, Inc. vs. Bangko
they must be construed to serve our own public interest which is the be-all and the end-all of all Sentral ng Pilipinas
our laws.
97
And it need not be stressed that our public interest is distinct and different from
others. gation to afford protection to labor is incumbent not only on the legislative 103and executive
In the 2003 case of Francisco v. House of Representatives, this Court has stated that: branches but also on the judiciary to translate this pledge into a living reality. Social justice
“[A]merican jurisprudence and authorities, much less the American Constitution, are of dubious calls for the humanization of laws and the equalization of social and economic forces by the State
application for these are no longer controlling within so that justice in its rational and objectively secular conception may at least be approximated.
104
_______________
V. A Final Word
95 Republic v. MERALCO, G.R. Nos. 141314 and 141369, 401 SCRA 130(April 9, 2003).
96 Sanders v. Veridiano II, No. L-46930, 162 SCRA 88 (June 10, 1988).
97 Republic v. MERALCO, G.R. Nos. 141314 and 141369, 401 SCRA 130(April 9, 2003).
Finally, concerns have been raised as to the propriety of a ruling voiding the challenged
provision. It has been proffered that the remedy of petitioner is not with this Court, but with
388 Congress, which alone has the power to erase any inequity perpetrated by R.A. No. 7653. Indeed,
a bill proposing the exemption of the BSP rank-and-file from the SSL has supposedly been filed.
Under most circumstances, the Court will exercise judicial restraint in deciding questions of
388 SUPREME COURT REPORTS ANNOTATED constitutionality, recognizing the broad discretion given to Congress in exercising its legislative
power. Judicial scrutiny would be based
105
on the “rational basis” test, and the legislative discretion
would be given deferential treatment. respected and foremost leaders of the Convention that drafted the 1935 Constitution—declared, as early as
July 15, 1936, that “(i)n times of social disquietude or political excitement, the great landmarks of the
Constitution are apt to be forgotten or marred, if not entirely obliterated. In cases of conflict, the judicial
_______________
department is the only constitutional organ which can be called
107
upon to determine the proper allocation of
103 Ibid. powers between the several departments” of the government. (citations omitted; emphasis supplied)
104 Calalang vs. Williams, No. 47800, 70 Phil. 726 (December 2, 1940).
105 See Dumlao v. Commission on Elections, No. L-52245, 95 SCRA 392, 404 (January 22, 1980); Peralta v. Commission In the case at bar, the challenged proviso operates on the basis of the salary grade or officer-
on Elec-tions, Nos. L-47771, L-47803, L-47816, L-47767, L-47791, and L-47827, 82 SCRA 30(March 11, 1978); Felwa v. employee status. It is akin to a distinction based on economic class and status,with the higher
Salas, No. L-26511, 18 SCRA 606 (October 29, 1966); Rafael v. Embroidery and Apparel Control and Inspection Board,No. grades as recipients of a benefit specifically withheld from the lower grades. Officers of the BSP
L-19978, 21 SCRA 336, (September 29, 1967); People v. Carlos, No. L-239, 78 Phil. 535 (June 30, 1947); and Ichong v.
now receive higher compensation packages that are competitive with the industry, while the
Hernandez, No. L-7995, 101 Phil. 1155 (May 31, 1957).
poorer, low-salaried employees are limited to the rates prescribed by the SSL. The implications
390 are quite disturbing: BSP rank-and-file employees are paid the strictly regimented rates of the
SSL while employees higher in rank possessing higher and better education and opportunities for
career advancement—are given higher compensation packages to entice them to
390 SUPREME COURT REPORTS ANNOTATED stay. Considering that majority, if not all, the rank-and-file employees consist of people whose
Central Bank Employees Association, Inc. vs. Bangko status and rank in life are less and limited, especially in terms of job marketability, it is they—and
Sentral ng Pilipinas not the officers - who have the real economic and financial need for the adjustment. This is in
accord with the policy of the Constitution “to free the people from poverty, provide adequate
social
108
services, extend to them a decent standard of living, and improve the quality of life for
But if the challenge to the statute is premised on the denial of a fundamental right, or the all.” Any act of Congress that runs counter to this constitutional desideratum deserves strict
perpetuation of prejudice against persons favored by the Constitution with special protection, scrutiny by this Court before it can pass muster.
judicial scrutiny ought to be more strict. A weak and watered down view would call for the To be sure, the BSP rank-and-file employees merit greater concern from this Court. They
abdication of this Court’s solemn duty to strike down any law repugnant to the Constitution and represent the more impotent
the rights it enshrines. This is true whether the actor committing the unconstitutional act is a
private person or the government itself or one of its instrumentalities.
106
Oppressive acts will be _______________
struck down regardless of the character or nature of the actor.
107 Javellana v. The Executive Secretary, No. L-36142, L-36164, L-36165, L-36236 and L-36283, 50 SCRA 30 (March 31,
Accordingly, when the grant of power is qualified, conditional or subject to limitations, the issue on whether 1973).
or not the prescribed qualifications or conditions have been met, or the limitations respected, is justiciable or 108 1987 Constitution, Article II, Section 9.
non-political, the crux of the problem being one of legality or validity of the contested act, not its wisdom.
Otherwise, said qualifications, conditions or limitations—particularly those prescribed or imposed by the 392
Constitution—would be set at naught. What is more, the judicial inquiry into such issue and the settlement
thereof are the main functions of courts of justice under the Presidential form of government adopted in our
1935 Constitution, and the system of checks and balances, one of its basic predicates. As a consequence, We 392 SUPREME COURT REPORTS ANNOTATED
have neither the authority nor the discretion to decline passing upon said issue, but are under the ineluctable
obligation—made particularly more exacting and peremptory by our oath, as members of the highest Court of
the land, to support and defend the Constitution—to settle it. This explains why, in Miller v. Johnson, it was Sentral ng Pilipinas
held that courts have a “duty, rather than a power”, to determine whether another branch of the
government has “kept within constitutional limits.” Not satisfied with this postulate, the court went farther
rank-and-file government employees who, unlike employees in the private sector, have no specific
and stressed that, if the Constitution provides how it may be amended—as it is in our 1935 Constitution
—“then, unless the manner is followed, the judiciary as the interpreter of that constitution, will declare the right to organize as a collective bargaining unit and negotiate for better terms and conditions of
amendment invalid.” In fact, this very Court—speaking through Justice Laurel, an outstanding authority on employment, nor the power to hold a strike to protest unfair labor practices. Not only are they
Philippine Constitutional Law, as well as one of the highly impotent as a labor unit, but their efficacy to lobby in Congress is almost nil as R.A. No. 7653
effectively isolated them from the other GFI rank-and-file in compensation. These BSP rank-and-
_______________ file employees represent the politically powerless and they should not be compelled to seek a
106 Belarmino v. Employees’ Compensation Commission, G.R. No. 90204, 185 SCRA 304 (May 11, 1990).
political solution to their unequal and iniquitous treatment. Indeed, they have waited for many
years for the legislature to act. They cannot be asked to wait some more for discrimination cannot
391 be given any waiting time. Unless the equal protection clause of the Constitution is a mere
platitude, it is the Court’s duty to save them from reasonless discrimination.
IN VIEW WHEREOF, we hold that the continued operation and implementation of the
VOL. 446, DECEMBER 15, 2004 391 last proviso of Section 15(c), Article II of Republic Act No. 7653 is unconstitutional.
Davide, Jr. (C.J.), Quisumbing, Ynares-Santiago,Sandoval-Gutierrez, Austria- 394 SUPREME COURT REPORTS ANNOTATED
Martinez, Azcuna, Tinga and Chico-Nazario, JJ., concur.
Panganiban and Carpio, JJ., See Dissenting Opinion. Central Bank Employees Association, Inc. vs. Bangko
Corona and Callejo, Sr., JJ., On Leave. Sentral ng Pilipinas
Carpio-Morales, J., Pls. see my dissenting opinion.
Garcia, J., Concur with dissenting opinion of J.Carpio. From the manner in which it has been utilized in American and Philippine jurisprudence,
however, this novel theory finds relevance only when the factual situation covered by an assailed
law changes, not when another law is passed pertaining to subjects not directly covered by the
DISSENTING OPINION former. Thus, the theory applies only when circumstances that were specifically addressed upon
the passage of the law change. It does not apply to changes or alterations extraneous to those
specifically addressed.
1
To prove my point, allow me then to tackle seriatim the cases relied upon
PANGANIBAN, J.: in the ponencia.
With all due respect, I dissent. I believe that it would be uncalled for, untimely and imprudent for Cited American Cases Not Applicable to and Not in Pari Materia with Present Facts
this Court to void the last proviso of the second paragraph of Section 15(c) of 2
Medill. The constitutionality issue in Medill v. State was raised by a bankruptcy trustee in
393 regard to a statute exempting damages
3
that were awarded to the claimants who suffered as a
result of an automobile accident. Specifically, the contested provision exempted from “attachment,
garnishment, or sale on any final process issued from any court” (1) general damages and (2)
VOL. 446, DECEMBER 15, 2004 393 future special damages awarded4 in rights of action filed for injuries that were caused to the
Central Bank Employees Association, Inc. vs. Bangko person of a debtor or of a relative.
The Supreme Court of Minnesota said that the general damages portion of the right of action
filed by claimants for personal injuries sustained in fact represented the monetary restoration of
the physically and mentally damaged person; hence, claims 5
for such damages could never
Chapter 1 of Article II of Republic Act (RA) 7653. In the first place, the assailed provision is not constitute unreasonable amounts for exemption purposes. Such claims were
unconstitutional, either on its face or as applied, and the theory of relative constitutionality finds
no application to the case at bar. In the second place, a becoming respect on the part of this Court _______________
for Congress as a coequal and coordinate branch of government dictates that Congress should be
1 See ponencia, footnote nos. 24, 25, 26, 27 and 28.
given ample opportunity to study the situation, weigh its options and exercise its constitutional
2 Medill v. State, 477 NW 2d 703, November 22, 1991.
prerogative to enact whatever legislation it may deem appropriate to address the alleged inequity 3 Id., p. 704.
pointed out by petitioner. 4 Ibid.
For the record, I am not against the exemption from the Salary Standardization Law of 5 Id., pp. 706-707.
the Bangko Sentral ng Pilipinas (BSP) rank and file employees (with Salary Grade 19 and
below). Neither am I against increases in their pay. I simply submit that (1) the factual milieu of 395
this case does not show a denial of equal protection, (2) the theory of relative constitutionality
does not come into play, and (3) petitioner should have addressed its plaint, not to this Court, but VOL. 446, DECEMBER 15, 2004 395
to Congress in the first instance. I am confident that given sufficient opportunity, the legislature
will perform its constitutional duty accordingly. Hence, there is no need or warrant for this Court Central Bank Employees Association, Inc. vs. Bangko
to intervene in legislative work. Sentral ng Pilipinas
Theory of Relative Constitutionality thus fully exempt. It added that the legislature had6 assigned the role of determining the amounts
Not Applicable to Extraneous Circumstances that were reasonable to the state’s judicial process.
While a statute may be constitutional and valid as applied to one set of facts and invalid in its
The ponencia advocates the application of the theory of relative constitutionality to the present application
7
to another, the said Court limited its discussion only
8
to the set of facts as presented
case. The theory says that a statute valid at one time may become unconstitutional at another, before it and held that the statute was “not9
unconstitutional.” Distinguishing the facts of that
because of altered circumstances or changed conditions that make the practical operation of such case from those found in its earlier rulings,
10
it concluded that—by limiting the assets that were
a statute arbitrary or confiscatory. Thus, the provisions of that statute, which may be valid as available for distribution to creditors 11—the contested provision therein was a bankruptcy relief
applied to one set of facts but invalid as applied to another, cannot be merely compared with those for protecting
12
not only human capital, but also the debtor’s fundamental needs.
applicable under the Constitution. Cook. The bankruptcy trustee in In re Cook also objected to the same statutory
exemption, inter alia, asserted by the debtors in another personal injury claim.
394
20 Id., p.
The US Bankruptcy Court, 13
following Medill, held that such exemption 14was “violative of x x x 434.
21 Id., p. 433.
the Minnesota Constitution,”
15
as applied to pre-petition special damages, but not as applied to
general damages. The statute did not provide for any limitation on the amount of exemption as 397
to the former
_______________
VOL. 446, DECEMBER 15, 2004 397
6 Id., pp. 705-708. Central Bank Employees Association, Inc. vs. Bangko
7 Id., p. 708. Sentral ng Pilipinas
8 Id., p. 709, per Yetka, J.
9 These rulings were on fraternal benefit and homestead exemptions. Id., p. 708.
22
10 Ibid. responsibility of railroads and vehicles moving on the highways. In addition, it held that the
11 Ibid.
promotion of public convenience did not justify requiring a railroad company—any more than
12 In re Cook, 138 BR 943, April 15, 1992.
13 Id., p. 946, per Kressel, C.J.
others—to spend money,23
unless it was shown that the duty to provide such convenience rested
14 These are damages accruing at the time a petition is filed and include existing medical costs; actual lost income; upon that company. Providing an underpass at one’s own expense 24
for private convenience, and
existing non-medical costs and expenses; and property lost, damaged or destroyed in the incident that caused the not primarily
25
as a safety measure, was a denial of due process.
injury. Id., p. 945. Atlantic. In Atlantic v. Ivey, the plaintiff filed an action for damages against the railroad
15 These damages include temporary or permanent physical and mental loss or impairment; pain or suffering; and
company for the killing of a cow on an unfenced right of way of the railway. The defendant
future medical costs. Id., pp. 945-946. pointed out that the original Florida Act of 1889 and its later amendments in the 1940s had
396 required railroad companies to fence their tracks for the protection and safety of the traveling
public and their property against livestock roaming at large. Thus, the defendant averred that—
without imposing a similar fencing requirement on the owners of automobiles, trucks and buses
396 SUPREME COURT REPORTS ANNOTATED that carry passengers upon unfenced public highways of the state where such vehicles operated—
26
the equal protection guarantees of the state and federal constitutions would be violated.
Central Bank Employees Association, Inc. vs. Bangko Reversing the lower court’s judgment for the plaintiff, the Supreme Court of Florida held that
Sentral ng Pilipinas the application of27the contested statutes under then existing conditions was violative of the equal
16
protection clause. Citing Nashville, that Court took judicial notice of the fact that there were no
type of damages.
17
Neither did it set any objective criteria by which the bankruptcy court may motor carriers on public roads when the statutes were originally enacted. It also reasoned that
limit its size.18 the statutes were enacted in
Nashville. The plaintiff in Nashville v. Waltersquestioned the constitutionality of a Tennessee
statute imposing upon railroad companies one half of the total cost of grade separation in every _______________
instance that the state’s Highway Commission issued an order for the elimination of a grade 22 Id., pp. 415-416.
crossing. The plaintiff rested its contention not on the exercise of police power that promoted the 23 Id., pp. 428-429.
safety of travel, but on the arbitrariness
19
and unreasonableness of the imposition that deprived it 24 Id., p. 429.
of property without due process of law. 25 Atlantic Coast Line R. Co. v. Ivey, 5 So.2d, 244, 247, January 8, 1942.
Reversing the judgment that the Supreme Court of Tennessee had rendered against 20
the 26 Id., pp. 245-246.
27 Id., p. 247.
plaintiff, the US Supreme Court however did not declare the statute unconstitutional. Instead,
it remanded the case, because the determination of facts showing arbitrariness and 21 398
unreasonableness should have been made by the Tennessee Supreme Court in the first place. It
enumerated the revolutionary changes incident to transportation wrought in the 1930s by the
widespread introduction of motor vehicles; the assumption by the federal government of the 398 SUPREME COURT REPORTS ANNOTATED
functions of a road builder; the resulting depletion of rail revenues; the change in the character,
construction and use of highways; the change in the occasion for the elimination of grade Central Bank Employees Association, Inc. vs. Bangko
crossings, and in the purpose and beneficiaries of such elimination; and the change in the relative Sentral ng Pilipinas
28
_______________ the exercise of the state’s police power and were intended for the protection of everyone against
16 As
accidents involving public transportation. Although motor-driven vehicles and railroad carriers
to general damages, however, reliance was made upon Medill, Id.,p. 946.
17 In fact, in Medill it was held that because special damages reimbursed an individual for expenses that would
were under a similar obligation to protect everyone against accidents to life and property when
ordinarily be discharged in a bankruptcy proceeding, their exemption would be a windfall to the debtor. Medill v. State; conducting their respective businesses, the hazard of accidents by reason of cattle straying onto
supra, p. 706. the line of traffic of motor-driven vehicles was
29
greater than that which arose when cattle strayed
18 Nashville, Chattanooga, & St. Louis Railway v. Walters, 294 US 405, 415, 79 L.ed. 949, 955, March 4, 1935.
onto the line of traffic of railroad carriers. Yet the burden of expenses and penalties that were
19 Id., p. 413.
35 Id., p.
rendered in favor30 of individuals who were neither shippers nor passengers was imposed only on 197.
36 Id., p. 198.
railroad carriers. 37 Id., pp. 197-198.
In addition, the railroad carriers would be held liable for attorney’s fees and double the value 38 Id., p. 197.
of the animals killed in their railways, without even requiring the plaintiffs
31
who had sued them 39 Vernon Park Realty, Inc. v. City of Mount Vernon, 121 N.E.2d 517, 307 NY 493, July 14, 1954.
to prove the negligence of such carriers in operating their equipment. Although it was argued 40 Id., p. 518.
that motordriven vehicles had no authority to fence on state and county highways over which 41 Id., pp. 520-521.
they operated, the legislature could nevertheless authorize and require them to provide similar
400
protection; or, in default thereof, to suffer similar penalties
32
that were incidental to using such
public roads for
33
generating profit and serving the public.
Louisville. The plaintiff in Louisville v. Faulkner also filed an action against defendant- 400 SUPREME COURT REPORTS ANNOTATED
railroad company to recover the value of 34her mule that had strayed from her premises and got
struck and killed by the company’s train. The judgment of the lower court for the plaintiff was Central Bank Employees Association, Inc. vs. Bangko
based on the fact that the Sentral ng Pilipinas
_______________ that, no matter how compelling and acute the community traffic problem might be as to reach a
28 Id., p.
strangulation point, the solution did not lie in placing an undue and uncompensated burden on a
246. 42
29 Ibid. landowner in the guise of a regulation issued for a public purpose. Although for a long time the
30 Id., p. 247. plaintiff’s land had already been devoted to parking, the 43
ordinance that prohibited any other use
31 Ibid. for it was not “a reasonable exercise of the police power.”
32 Ibid.
While the city’s common council had the right to pass ordinances respecting the use of
33 Louisville & Nashville Railroad Co. v. Faulkner, 307 SW 2d. 196, November 15, 1957.
34 Id., pp.
property according to well-considered and comprehensive plans designed to promote public
196-197.
health, safety and general welfare, the exercise of such right was still subject to the constitutional
399 limitation that it may not be exerted arbitrarily or unreasonably. Thus, the zoning ordinance
could not 44
preclude the use of property for any purpose for which it was reasonably
adapted. Although valid when adopted in 1927, the ordinance was stricken down, because its
VOL. 446, DECEMBER 15, 2004 399 operation under changed conditions in the 1950s proved confiscatory, especially when the value of
Central Bank Employees Association, Inc. vs. Bangko the greater part 45
of the land—to be used, for instance, in the erection of a retail shopping center—
Sentral ng Pilipinas was destroyed. 46
Finally, Murphy v. Edmonds. An automobile driver and her husband brought action against a
tractor-trailer driver and his employer and sought damages for the severe injuries she had
defendant did not offer any evidence 35
to rebut the prima facie presumption of the latter’s sustained in a collision. Raised in issue mainly was the constitutionality of the statutory cap on
47
negligence under Kentucky statutes. noneconomic damages in personal injury actions.
The Court of Appeals
36
of Kentucky held the contested provision unconstitutional and reversed Affirming the judgment of the Court of Special Appeals rejecting all challenges to the validity
the said judgment. Citing both Nashville and Atlantic, the appellate court said that because of the law, the Court of
such legislation applied to all similar corporations and was aimed at the safety of all persons on a
train and the protection of their property, it was sustained from its inception in 1893; however, _______________
under changed conditions, it could no longer be so. The court recognized the fact that, in the
42 Id., p.
1950s, the inauguration and development of transportation by motor vehicles on public highways 519.
43 Ibid., per Dye, J.
created even
37
greater risks, not only to the occupants of such vehicles but also to domestic 44 Ibid.
animals. Yet, the operators of these vehicles were not subjected to the same extraordinary legal 45 Id., pp. 518-519.
responsibility of proving that for the killing of those animals on public roads, they were free from 46 Murphy v. Edmonds, 601 A.2d 102, 325 Md. 342, February 7, 1992.
negligence,
38
unlike railroad companies that struck and killed such animals on private rights of 47 Id., p. 104.
way. 39
401
Vernon. The plaintiff in Vernon v. City of Mount Vernonsought to declare unconstitutional a
city zoning ordinance which had limited the business use of its realty, 40
locally known as the
“Plaza,” only to the parking of automobiles and its incidental services. 41 VOL. 446, DECEMBER 15, 2004 401
The Court of Appeals of New York ruled that the ordinance was unconstitutional. That ruling
also affirmed the unanimous judgment earlier rendered in favor of the plaintiff. Again Central Bank Employees Association, Inc. vs. Bangko
citing Nashville, the New York court ruled in the main Sentral ng Pilipinas
_______________
Appeals of Maryland held that there was no irrationality, arbitrariness, or violation of equal The court’s action was to be expected, because the issue on special damages in Cook was not at
protection in the legislative classification drawn between (1) the less seriously injured tort all raised in Medill, and there was no precedent on the
57
matter in Minnesota, other than the obiter
claimants whose noneconomic damages were less than the statutory cap; and (2) the more dictum—if it can be called one—in the latter case. Had that issue been raised in Medill, a
seriously injured tort48claimants whose noneconomic damages were greater than, and thus subject similar conclusion would inevitably have been reached. In fact, that case already stated that
to, the statutory cap. Although no express equal protection clause could be found in Maryland’s while the court “need not decide whether special
58
damages incurred prior to judgment x x x [were]
Constitution, the due process clause therein nevertheless
49
embodied equal protection
50
to the same to be exempt in order to decide the question” on general damages
extent as that found in the Fourteenth Amendment of the federal Constitution.
Indeed, the right to recover full damages for a noneconomic injury was recognized by common _______________
law even before the adoption of the state’s Constitution, but 51
the said court declared that there
55 Id., p. 115, per Eldridge, J.
was no vested interest in any rule ordained by common law. Concluding that only the traditional 56 Ibid.
“rational basis test” should be used, the appellate court also rejected the lower court’s view of the 57 Inre Cook; supra, p. 945 (citing Medill v. State; supra, p. 708).
right to press a claim for pain and suffering52 as an “important right” requiring a “heightened 58 Medill v. State, supra, p. 708.
scrutiny test” of the legislative classification. Under the “rational basis test,” such legislative
classification enjoyed a strong presumption of constitutionality and, not being clearly arbitrary, 403
53
could not therefore be invalidated.
Moreover, the law was an economic response to a legislatively perceived 54
crisis concerning not VOL. 446, DECEMBER 15, 2004 403
only the availability, but also the cost of liability insurance in the state. Putting a statutory cap
on noneconomic damages was “reasonably re- Central Bank Employees Association, Inc. vs. Bangko
_______________
48 Id., pp. 105-106, 116 & 119. raised therein, it felt that exempting special damages59
appeared reasonable and likely to be
49 This amendment to the U.S. Constitution provides that “[n]o State shall x x x deny to any person within its applied, following an earlier ruling in another case.
jurisdiction the equal protection of the laws.” Moreover, the facts of both Medill and Cook are not at all akin to so-called “changed
50 Murphy v. Edmonds; supra, p. 107.
51 Id., pp. 105 & 112.
conditions” prompting the declarations of constitutionality in the former and unconstitutionality
52 Id., pp. 105-106. in the latter. Such “altered circumstances” or “changed conditions” in these two cases refer to the
53 Id., p. 108. non-exemption of special damages—a subject matter distinct and separable, although covered by
54 Id., pp. 111 & 114. the same assailed statute. In fact, Cook precisely emphasized that “where a statute is not
inherently unconstitutional, it may be found constitutional as applied to some separable subject
402 60
matters, and unconstitutional as applied to others.” In other words, it was the application of the
contested provision therein to an entirely different and separable subject matter—not the
402 SUPREME COURT REPORTS ANNOTATED contested provision itself—that was declared unconstitutional, but the statute itself was not
inherently unconstitutional to begin with.
Central Bank Employees Association, Inc. vs. Bangko Equally important, Nashville skirted the issue on constitutionality. The “changed conditions”
Sentral ng Pilipinas referred to in that case, as well as in Atlantic and Louisville, were the revolutionary changes in
the mode of transportation that were specifically covered by the statutes respectively imposing
55
lated to a legitimate legislative objective,” for it led to a greater ease in the calculation of additional costs upon railroad companies only, requiring the fencing of their tracks, or solely
insurance premiums, thus making the market more attractive to insurers. Also, it ultimately compelling them to present evidence to rebut the presumption of their negligence. In Vernon,
reduced the cost of such premiums and made insurance more affordable to individuals and these “changed conditions” were deemed to be the economic changes in the 1950s, through which
organizations that perform needed medical services.
56
the normal business use of the land was unduly limited by the zoning ordinance that was
From the foregoing discussion, it is immediately evident that not one of the above-cited cases intended to address the acute traffic problem in the community.
is either applicable to or in pari materia with the present case.
Medill not only upheld the constitutionality of the contested provision therein, but also _______________
categorically stated that the peculiar facts of the case prompted such declaration. General 59 This refers to In re Bailey decided in 1988 in the state of Minnesota. Id., pp. 705-706 and 708.
damages were declared exempt; the law allowing their exemption was constitutional. Cooksimply 60 In re Cook; supra, pp. 944-945.
affirmed Medill when the same contested provision was applied to an issue similar to that which
was raised in the latter case, but then declared that provision unconstitutional when applied to 404
another issue. Thus, while general damages were also declared exempt, the claims for special
damages filed prior to the filing of a petition for relief were not, and the law allowing the latter’s 404 SUPREME COURT REPORTS ANNOTATED
exemption was unconstitutional.
Sentral ng Pilipinas only to attract the best and brightest bank regulatory personnel, but also to establish
professionalism and excellence within the BSP in accordance with sound principles of
management. Nothing, therefore, is arbitrary in the assailed provision; it cannot be stricken down.
Nashville simply took judicial notice of the change in conditions which, together with the
With due respect, the ponencia’s reference to “changed conditions” is totally misplaced. In the
continued imposition of statutory charges and fees, caused deprivation of property without due
above-cited US cases, this phrase never referred to subsequent laws or executive pronouncements,
process of law. Atlantic, Louisville and Vernonall relied upon Nashville, but then went further by
but rather to the facts and circumstances that the law or ordinance specifically addressed upon
rendering their respective contested provisions unconstitutional, because—in the application of
its passage or adoption. A statute that is declared invalid because of a change in circumstances
such provisions under “changed conditions”—those similarly situated were no longer treated 64
affecting its validity belongs only to a class of emergency laws. Being a manifestation of the
alike.
Finally, Murphy—obviously misplaced because it made no reference at all to the quoted
sentence in the ponencia—even upheld the validity of its contested provision. There was no trace, _______________
either, of any “changed conditions.” If at all, the legislative classification therein was declared 62 Id., p. 49.
constitutional, because it was in fact a valid economic response to a legislatively perceived crisis 63 Nashville, Chattanooga, & St. Louis Railway v. Walters; supra, p. 415.
concerning the availability and cost of liability insurance. 64 Agpalo, Statutory Construction (2nd ed., 1990), p. 27.
In the present case, no “altered circumstances” or “changed conditions” in the application of the
406
assailed provision can be found. It verily pertains to only one subject matter, not separable
subject matters as earlier pointed out in both Medill and Cook. Hence, its application remains
and will remain consistent. Not inherently unconstitutional to begin with, it cannot now be 406 SUPREME COURT REPORTS ANNOTATED
declared unconstitutional. Moreover, herein petitioner miserably fails to demonstrate—unlike
in Nashville, Atlantic, Louisville, and Vernon—how those similarly situated have not been Central Bank Employees Association, Inc. vs. Bangko
treated alike in the application of the assailed provision. Sentral ng Pilipinas
Ponencia’s Reference to State’s exercise of its police power, it is valid at the time of its enactment.
“Changed Conditions” Misplaced In contrast thereto, RA 7653 cannot be regarded as an emergency measure that is merely
From Nashville to Murphy, it can be seen that all the contested statutes were passed in the temporary in operation. It is not even a statute limited to the exigency that brought it about. The
exercise of police power—the inherent
61
power of the State to regulate liberty and property for the facts and circumstances it specifically addressed upon its passage have not been shown to have
promotion of the general welfare. The police changed at all. Hence, the assailed provision of such a declaratory statute cannot be invalidated.
Unlike congested traffic or motor-driven vehicles on public roads, the payment of salaries at
_______________ differing scales in various GFIs vis-à-vis in the BSP, is not such a change in conditions as would
cause deprivation of property without due process of law. Petitioner’s members have not been
61 Cruz, Constitutional Law (2003 ed.), p. 37. deprived of their right to income as mandated by law. They have not received less than what they
405 were entitled to ever since RA 7653 was passed eleven years ago.
To repeat, the factual situation that the assailed provision specifically addressed
upon passage of this law has not changed. The same substantive rights to a
VOL. 446, DECEMBER 15, 2004 405 competitive and structured human resource development program existing then still
exist now. Only the laws external to and not amendatory of this law did. Even if these
Central Bank Employees Association, Inc. vs. Bangko new laws were to be considered as “changed conditions,” those who have been affected
Sentral ng Pilipinas in the BSP (as will be shown later) are not at all similarly situated as those in the GFIs
to compel their like treatment in application.
measure may be struck down when an activity or property that ought to be regulated does not In addition,
65
the rulings in all the above-cited American 66
cases—although entitled to great
affect the public welfare; or when the means employed are not reasonably necessary for the weight —are merely of persuasive effect in our jurisdiction and cannot be stare
accomplishment
62
of the statute’s purpose, and they become unduly oppressive upon
individuals. As
63
Justice Brandeis stresses in Nashville, “it may not be exerted arbitrarily or _______________
unreasonably.” 65 Id., p.78.
In the case before us today, the assailed provision can be considered a police measure that 66 “In interpreting and applying the bulk of the written laws of this jurisdiction, and in rendering its decisions in cases
regulates the income of BSP employees. Indisputably, the regulation of such income affects the not covered by the letter of the written law, this court relies upon the theories and
public welfare, because it concerns not only these employees, but also the public in general—from
407
whose various credits the banks earn their income, the CB generates its revenues, and eventually
these employees get their salaries and other emoluments.
Additionally, with the passage of RAs 6758 and 7653, the means employed by the State to VOL. 446, DECEMBER 15, 2004 407
accomplish its objectives are not unduly oppressive. They are in fact reasonably necessary, not
80
Sentral ng Pilipinas moratorium clause embodied in RA 342. The lower court reasoned
81
further that the obligation
sought to be enforced was not yet demandable under
82
that law. 83
67 68
Reversing the judgment, this Court invalidated the moratorium clause, not because the law
decisis. 69 These are not direct rulings of our Supreme Court that form part of the Philippine legal
was unconstitutional, but because both its continued operation and enforcement had become
system.
unreasonable and oppressive under postwar circumstances of observable reconstruction,
Granting gratia argumenti that the cited cases are to be considered binding precedents in our
rehabilitation and re-
jurisdiction, Nashville—the only one federal in character—does not even make a categorical
declaration on constitutionality. Furthermore, Murphy maintains that “[s]imply because a legal
principle is part of 70the common law x x x does not give it any greater degree of insulation from _______________
legislative change.” Common 71
law, after all, is “a growing and ever-changing system of legal 75 Medill v. State; supra, p. 704.
principles and theories x x x.” 72
76 Rutter v. Esteban, 93 Phil. 68, May 18, 1953.
Every statute is presumed constitutional. This axiom reflects the respect that must be 77 Rutter v. Esteban; supra, p. 70.
78 Id., p. 71.
accorded to the wisdom, integrity
73
and patriotism of the legislature that passed it and to the 79 Id., p. 70.
executive who approved
74
it. Understandably, therefore, the judiciary should be reluctant to 80 Approved by Congress on July 26, 1948.
invalidate laws. Medill pre- 81 Rutter v. Esteban; supra, p. 71.
82 Id., p. 83.
_______________ Moreover, Executive Order Nos. 25 and 32, issued on November 18, 1944 and March 10, 1945, were respectively voided. §1 of RA 342,
45 OG No. 4, p. 1680.
precedents of Anglo-American cases, subject to the limited exception of those instances where the remnants of the
Spanish written law present well-defined civil law theories and of the few cases where such precedents are inconsistent with 83 §2 of RA 342, 45 OG No. 4, p. 1681.
local customs and institutions.” In re Shoop, 41 Phil. 213, 254-255, November 29, 1920, per Malcolm, J.
67 “Stare decisis” means one should follow past precedents and should not disturb what has been 409
settled. See Agpalo, supra, p. 92.
68 To be controlling, the ruling must be categorically rendered by our Supreme Court on an issue expressly raised by
the parties. Ibid. VOL. 446, DECEMBER 15, 2004 409

69 Article 8 of the Civil Code.
70 Murphy v. Edmonds; supra, p. 112, per Eldridge, J. Central Bank Employees Association, Inc. vs. Bangko
71 In re Shoop; supra, pp. 220-221, per Malcolm, J.
While it may be argued that we are not a common law country, our peculiar national legal system has blended both civil and common
law principles. Gamboa, An Introduction to Philippine Law, 7th ed., 1969 p. 59. 84
covery of the country’s general financial condition. The forced vigil suffered by prewar creditors
72 Salas v. Jarencio, 150-B Phil. 670, 690; 46 SCRA 734, August 30, 1972.
73 Agpalo, supra, p. 20.
was not only unwittingly extended from eight to twelve years, but 85was also imposed without
74 In re Cook; supra, p. 944. providing for the payment of the corresponding interest in the interim.
Thus, the success86
of their collection efforts, especially when their credits were unsecured, was
408 extremely remote. Moreover, the settlement of claims filed with the United States-Philippine
War Damage Commission was not only uncertain but was also practically futile, for it depended
entirely on the appropriations to be made by the US Congress.
408 SUPREME COURT REPORTS ANNOTATED The contested clause in Rutter was definitely a remedial measure passed to accord prewar
Central Bank Employees Association, Inc. vs. Bangko debtors who suffered the ravages of war an opportunity to rehabilitate themselves within a
Sentral ng Pilipinas reasonable time and to pay their prewar debts thereafter, thus preventing them from being
victimized in the interim by their prewar creditors. The purpose having been achieved during the
eight-year period, there was therefore no more reason for the law. Cessante ratione legis cessat et
cisely emphasizes that the “court’s power to declare a statute 75unconstitutional should be exercised ipsa lex. When the reason for the law ceases, the law itself ceases. But it does not become
with extreme caution and only when absolutely necessary.” Although that case continues by unconstitutional.
saying that unless it is inherently unconstitutional, a law “must stand or fall x x x not upon The altered circumstances or changed conditions in Rutter were specifically the very
assumptions” the court may make, the ponencia is still dauntless in relying thereon to support its circumstances that the law addressed at its passage; they were not at all extraneous
arguments. circumstances like subsequent laws or executive pronouncements. The eight-year moratorium
period having lapsed, the debtors’ concerns had been adequately addressed. It was now the turn
Rutter Does Not Even Apply
76
of the creditors to be protected for the pre-war loans they granted.
Again with due respect, the ponencia’s citation of a local case, Rutter, is also inappropriate. In In stark contrast, the contested proviso in the instant case is not a remedial measure. It is not
the said case, appellant instituted an action to recover the balance, and interest thereon, of a subject to a period
contract
77
of sale entered into barely four months prior78
to the outbreak of the Second World79
War. The lower court, however, rendered judgment for appellee who set up as defense the _______________
80
84 Rutter v. Esteban; supra, pp. 81-82. GFIs and other financial/banking institutions. Therefore, it should not be compared with them.
85 Id., p. 77.
86 Ibid.
There is no parity. The Bangko Sentral is more akin to the Insurance Commission, the National
Telecommunications Commission, and the Energy Regulatory Commission. Should not more
410 appropriate comparisons be made with such regulatory bodies and their employees?
_______________
89 Cruz, International Law (1990), p. 1; and Salonga and Yap, Public International Law (1992), p. 1.
International legal subjects—in the modern sense of international law as a process rather than as a set of rules—refer to states,
Sentral ng Pilipinas international organizations, insurgents, peoples represented by liberation movements, and individuals by virtue of the doctrine of
human rights and its implicit acceptance of their right to call upon states to account before international bodies. Defensor-
Santiago, International Law with Philippine Cases and Materials and ASEAN Instruments(1999), pp. 15-24.
within which a right of action or a remedy is suspended. Since the reason for the law still subsists,
the law itself including the challenged proviso must continue in existence and operation. 412
Relative Constitutionality
Not Based on Positive Law
Applying the concept of relative constitutionality strongly advocated in the ponencia, therefore, Central Bank Employees Association, Inc. vs. Bangko
not only goes beyond87 the parameters of traditional constitutionalism, but also finds no express Sentral ng Pilipinas
basis in positive law. While it has been asserted that “a 88statute valid when enacted may become
invalid by change in conditions to which it is applied,” the present case has shown no such
change in conditions that would warrant the invalidation of the assailed provision if applied Respect for
under such conditions. Hence, no semblance of constitutional impuissance, other than its Coequal Branch
conjured possibility, can be seen. In a constitutional order that commands respect for coequal
The trust reposed in this Court is “not to formulate policy but to determine its legality as tested by
branches of government, speculation by the judiciary becomes incendiary and deserves no
the Constitution.”90“It does not extend to an unwarranted intrusion into that broad and legitimate
respectable place in our judicial chronicles.
sphere of discretion enjoyed by the political branches to determine the policies to be pursued. This
The ponencia further contends that the principles of international law can operate to render a
Court should ever be91 on the alert lest, without design or intent, it oversteps the boundary of
valid law unconstitutional. The generally accepted definition states that international law is a
judicial competence.” Judicial activism should not be allowed to become judicial exuberance. “As
body of legal rules that apply between sovereign states and such other entities as have been
was so well put by Justice Malcolm: ‘Just as the Supreme Court, as the guardian of constitutional
granted in-
rights, should not sanction usurpations by any other department of the government, so should it as
strictly confine its own
92
sphere of influence to the powers expressly or by implication conferred on it
_______________ by the Organic Act.’ ”
87 “Conventions and laws are x x x needed to join rights to duties and refer justice to its object. x x x In the state of society Since Congress itself did not commit any constitutional violation or gravely abusive conduct
all rights are fixed by law x x x.” Rousseau, The Social Contract, 1762, translated by G.D.H. Cole. when it enacted RA 7653, it should not be summarily blamed for what the ponencia calls
http://www.constitution.org/jjr/socon.htm (Last visited September 16, 2004; 12:04:50 p.m. PST).
88 Atlantic Coast Line R. Co. v. Ivey; supra, per Buford, J. (citing Nashville, Chattanooga, & St. Louis Railway v.
_______________
Walters; supra, per Brandeis, J.)
90 Peralta v. Commission on Elections, 82 SCRA 30, 77, March 11, 1978, per concurring and dissenting opinion of
411
Fernando, J. (later CJ.).
“Indeed, whether an enactment is wise or unwise, whether it is based on sound economic theory, whether it is the best means to achieve
VOL. 446, DECEMBER 15, 2004 411 the desired results, whether, in short, the legislative discretion within its prescribed limits should be exercised in a particular manner are
matters for the judgment of the legislature, and the serious conflict of opinions does not suffice to bring them within the range of judicial
cognizance.” Fariñas v. The Executive Secretary, G.R. No. 147387, December 10, 2003, 417 SCRA 503, per Callejo Sr., J.
Sentral ng Pilipinas 91 Id., p. 78, per concurring and dissenting opinion of Fernando, J. (later C.J.; citing Manila Electric Co. v. Pasay
Transportation Co., Inc., 57 Phil. 600, 605, November 25, 1932, per Malcolm, J.).
92 Ibid., per concurring and dissenting opinion of Fernando, J. (later CJ; citing Ibid., per Malcolm, J.).
89
ternational personality. Government employees at the BSP with salary grades 19 and below are
not such entities vested with international personality; any possible discrimination as to them, in 413
the light of the principles and application of international law would be too far-fetched.
The dangerous consequences of the majority’s Decision in the present case cannot and should VOL. 446, DECEMBER 15, 2004 413
not be ignored. Will there now be an automatic SSL exemption for employees of other GFIs and
financial regulatory agencies? Will such exemption not infringe on Congress’ prerogative? Central Bank Employees Association, Inc. vs. Bangko
The ponencia overlooks the fact that the Bangko Sentral is not a GFI, but a regulatory body of Sentral ng Pilipinas
_______________
93
“altered circumstances.” Congress should be given the opportunity to correct the problem, if any. 98 Cruz, Constitutional Law, supra, p. 47.
I repeat, I am not against exemption from the SSL of Bangko Sentral employees with salary 99 Romer v. Evans, 517 US 620, 632, 116 S.Ct. 1620, 1627, May 20, 1996, per Kennedy, J.
100 Cruz, Constitutional Law, supra, p. 47.
grades 19 and below. Neither am I against increases in their pay. However, it is Congress, not 101 Calder v. Bull; supra, p. 399; p. 8, per seriatim opinion of Iredell, J. (citing 1 Bl. Com. 91).
this Court, that should provide a solution to their predicament, at least in the first instance. 102 Rousseau, supra.
The remedy against any perceived legislative failure to enact corrective legislation is a resort, 103 In fact, under §1 of pending House Bill No. 2295, it is proposed that “[a]ll officials and employees of government
not to this Court, but to the bar of public opinion. The electorate can refuse to return to Congress owned or controlled corporations and government financial institutions which, by virtue of their Charters, are exempted
members94
who, in their view, have been remiss in the discharge of their constitutional from the Compensation and
duties. Our Constitution presumes that, absent any inference of antipathy, 95
improvident 415
legislative decisions “will eventually be rectified by the democratic processes”; and that96 judicial
intervention is unwarranted, no matter how unwisely a political branch may have acted. 97
It is only the legislature, not the courts, that “must be appealed to for the change.” If, VOL. 446, DECEMBER 15, 2004 415
however, Congress decides to act, the choice of appropriate measure lies within its discretion.
Once determined, the measure chosen cannot be attacked on the ground that it is not the best Central Bank Employees Association, Inc. vs. Bangko
solution, or that it Sentral ng Pilipinas
_______________ scales subject to SSL exemption, adopt performance-based compensation structures, or even
93 See ponencia.
amend or repeal the SSL itself, but within the constitutional mandate that “at the earliest
94 Cruz,
possible time, the Government shall increase the salary scales of x x x officials and employees of the
Constitutional Law, supra, pp. 46-47. 104
National Government.” Legislative reforms of whatever nature or scope may be taken105one step
“For protection against abuses by legislatures the people must resort to the polls, not to the courts.” Munn v. Illinois; supra, 134, per at a time, addressing phases of problems that seem to the legislative mind most acute. Rightly
Waite, CJ.
so, our legislators must have 106 “flexibility and freedom from judicial oversight in shaping and
95 City of Cleburne, Texas v. Cleburne Living Center, 473 US 432, 440, 105 S.Ct. 3249, 3254, July 1, 1985, per White, J. limiting their remedial 107
efforts.” Where there are plausible reasons for their action, the Court’s
96 Federal Communications Commission v. Beach Communications, Inc., 508 US 307, 314, 113 S.Ct. 2096, 2101, June “inquiry is at an end.”
1, 1993 (citing Vance v. Bradley, 440 US 93, 97, 99 S.Ct. 939, 942-943, February 22, 1979).
97 Peik v. Chicago and North-Western Railway Co.; supra, p. 178, per Waite, CJ. Under the doctrine of separation of powers and the concomitant respect for coequal and
coordinate branches of government, the exercise of prudent restraint by this Court would still be
414 best under the present circumstances.
Not Grossly Discriminatory

There is no question that Congress neither violated the Constitution nor gravely abused its
Central Bank Employees Association, Inc. vs. Bangko discretion when it enacted
_______________
98
is unwise or inefficacious. A law that advances a legitimate governmental interest will be Position Classification System [or the SSL] providing for the salary standardization of government employees shall
sustained, even99if it “works to the disadvantage of a particular group, or x x x the rationale for it receive compensation of no more than twice the salaries of equivalent ranks and positions in other government agencies.”
seems tenuous.” To compel this Court to make a more decisive but unnecessary action in advance This proves that Congress can, inter alia, put a statutory limit to the salaries currently being received by such officials
of what Congress will do is a downright derogation of the Constitution itself, for it converts the and employees.
100 104 §18 of Art. XVIII of the 1987 Constitution.
judiciary into a super-legislature and invests it with a power that to it has never belonged. 105 Federal Communications Commission v. Beach Communications, Inc.; supra, p. 316; supra, p. 2102
In the words of the great Sir William Blackstone, “there is no court that has power to defeat the (citing Williamson v. Lee Optical of Oklahoma, Inc., 348 US 483, 489, 75 S.Ct. 461, 465, March 28, 1955).
intent of the Legislature, when couched in such evident 101
and express words, as leave no doubt 106 City of Cleburne, Texas v. Cleburne Living Center; supra, p. 445; supra, p. 3257, per White, J.
whether it was the intent of the Legislature, or no[t].” As Rousseau further puts it, “according to 107 Federal Communications Commission v. Beach Communications, Inc.; supra, pp. 313-314; supra, p. 2101, per
the fundamental compact, only the general will can bind the individuals, and there can be no Thomas, J. (citing United States Railroad Retirement Board v. Fritz, 449 US 166, 179, 101 S.Ct. 453, 461, December 9,
assurance that a particular will is in conformity with the general will, until it has been put to the 1980, per Rehnquist, J.).
102
free vote of the people.” Thus, instead of this Court invalidating a sovereign act, Congress should 416
be given the opportunity to enact the appropriate measure to address the so-called “changed
conditions.”
We cannot second-guess the mind of the legislature as the repository of the sovereign will. For 416 SUPREME COURT REPORTS ANNOTATED
all we know, amidst the fiscal crisis and financial morass we are experiencing, Congress may
103 Central Bank Employees Association, Inc. vs. Bangko
altogether remove the blanket exemption, put a salary cap on the highest echelons, lower the
salary grade
108
108
“The New Central Bank Act” to establish and organize the BSP in 1993. Indeed, RA 7653 is a “Provided, however, That compensation and wage structure of employees whose positions fall under salary grade 19 and below shall be
in accordance with the rates prescribed under Republic Act No. 6758.”
valid legislative measure. Even the majority concedes that in enacting that law, Congress was
112 Petition,
well within its legislative powers. However, the ponencia argues that the subsequentenactment of p. 13; Rollo, p. 15.
113 A “salary grade” under §3.s. of Pres. Decree No. (PD) 985 refers to “the numerical place on the Salary x x x Schedule
laws 109granting “blanket exemption” from the coverage of the SSL of all employees in seven
110
representing multiple steps or rates x x x assigned to a class,” while a “position” under §3.m. means the “ set of duties and
GFIs has made the contested proviso “grossly discriminatory in its operation” and therefore responsibilities, assigned or delegated by competent authority and performed by an individual either on full-time or part-
unconstitutional. time basis.”
This conclusion, to my mind, is a non sequitur. The mere possible effect of related or unrelated 114 Petition, p. 3; Rollo, p. 5.
115 Id., pp. 10 & 12.
laws on another law does not ipso facto make the latter unconstitutional. Besides, as already
116 Id., pp. 4-5 & 6-7.
discussed, the theory of relative constitutionality is plainly inapplicable to the present facts.
Moreover, the ponencia has assumed without proof that the BSP rank and file employees are 418
factually and actually similarly situated as the rank and filers of Land Bank, SSS, GSIS, etc.,
and it is clear from the discussion in Mme. Justice Carpio Morales’ Dissenting Opinion that that
is not really the case. In fact, there exist some substantial differences in scope of work, job 418 SUPREME COURT REPORTS ANNOTATED
responsibilities and so forth that would negate the ponencia’s assumption.
_______________
108 This law was approved on June 14, 1993 and published on August 9, 1993. 89 OG 32, p. 4425. See employees with salary grades 20 117and above. All those classes of position 118
belonging to the
also Villegas, Global Finance Capital and the Philippine Financial System (2000), p. 48.
109 These GFIs are the LBP and DBP mentioned earlier, as well as the Social Security System (SSS); the Small
Professional Supervisory Category of the Position Classification System under RA 6758, for
Business Guarantee and Finance Corporation (SBGFC); the Government Service Insurance System (GSIS); the Home instance, are obviously not subjected to the same levels of difficulty, responsibility, and
Guaranty Corporation (HGC, formerly the Home Insurance and Guaranty Corporation [HIGC]); and the Philippine qualification
119
requirements as those belonging to the Professional Non-Supervisory
Deposit Insurance Corporation (PDIC). See ponencia. Category,
120
although to both categories are assigned positions that include salary grades 19 and
110 See ponencia.
20. To assert,121
as petitioner does, that the statutory classification is just an “artifice based on
417 arbitrariness,” without more, is nothing more than throwing a few jabs at an imaginary foe.
In like manner, petitioner’s denunciation of the proviso for allegedly discriminating against its
members vis-à-visthe rank and filers of other GFIs ignores the fact that the BSP and the GFIs
VOL. 446, DECEMBER 15, 2004 417 cited in the ponencia do not belong to the same category of government institutions,122although it
may be said that both are, broadly speaking, “involved” in banking and finance. While the
Central Bank Employees Association, Inc. vs. Bangko former performs primarily governmental
_______________
117 §5(a) of RA 6758.
No Indicium of Urgency 118 Ibid.
Other than111
its bare assertion that the continued 112 implementation of the assailed 119 §5(b) of RA 6758.
120 A
provision would cause “irreparable damage and prejudice” to its members, petitioner also fails “class of position” is “the basic unit of the Position Classification System” under §3.c. of PD 985. It “ consists of all
those positions in the system which are sufficiently similar as to (1) kind or subject matter of work, (2) level of difficulty and
to show a minimum indicium of such extreme urgency as would impel this Court to second-guess
responsibility, and (3) the qualification requirements of the work, to warrant similar treatment in personnel and pay
Congress. administration.”
Briefly, petitioner contends that (1) the creation of two classes
113
of employees within the BSP A “grade,” on the other hand, under §3.h. thereof, “ includes all classes of positions which, although different with
based on the salary grade114 corresponding to their positions is unreasonable, arbitrary and respect to kind or subject matter of work, are sufficiently equivalent as to level of difficulty and responsibility and level of
capricious class legislation; and 115
(2) the law itself discriminates against rank and file employees qualification requirements of the work to warrant the inclusion of such classes of positions within one range of basic
compensation.”
of the BSP vis-à-vis those of GFIs. 121 Petition, p. 5; Rollo, p. 7.
These contentions are utterly unsubstantiated. They find no support in law for granting the 122 The BSP, on the one hand, has authority and responsibility over the Philippine financial system. Aside from credit
relief prayed for. control, monopoly of currency issues, clearing functions, and custody and man-
While it is true that all employees of the BSP are appointed under the authority of the
419
Monetary Board, observe the 116
same set of office rules and regulations, and perform their work in
practically the same offices, it is equally true that the levels of difficulty and responsibility for
BSP employees with salary grades 19 and below are different from those of other BSP VOL. 446, DECEMBER 15, 2004 419
_______________
111 The last proviso of the 2nd paragraph of §15(c) of RA 7653, copied verbatim including italics, provides:
or regulatory functions, the latter execute purely proprietary ones. _______________
Moreover, the extent of damage or prejudice inflicted upon the BSP rank and file employees as 125 See Workers Desk, IBON Databank and Research Center, IBON Foundation, Inc., The Philippine Banking Sector;
a result of the proviso is not shown by any evidence
123
on record. Indeed, neither the petitioner nor supra, p. 59.
the ponencia demonstrate the injuries sustained. 126 Petition, p. 13; Rollo, p. 15.
There is no indication whatsoever of the precise nature and extent of damages caused or to be 127 Ashwander v. Tennessee Valley Authority, 297 US 288, 346-347, 56 S.Ct. 466, 483, February 17, 1936, per
caused to petitioner’s members by the continued implementation of such provision. Surely, with Brandeis, J.
128 Id., p. 347; Ibid., per Brandeis, J.
no leg to stand on, the allegation of petitioner that there is great disparity in compensation, 129 Munn v. Illinois; supra, per Waite, CJ.
allowances or benefits, cannot
124
be considered to be stigmatizing and wounding to the psyche of
thousands of its members. In fact, BSP employees, in general, also share the same tribulations of 421
_______________ VOL. 446, DECEMBER 15, 2004 421

agement of foreign exchange reserves, it also regulates and supervises the entire banking system. Workers Desk, IBON
Databank and Research Center, IBON Foundation, Inc., The Philippine Banking Sector (2003), pp. 13-14.
The cited GFIs, on the other, perform under special charters purely banking, finance, or related insurance functions Sentral ng Pilipinas
that may include safekeeping, accepting deposits and drafts, issuing letters of credit, discounting and negotiating notes
and other evidences of indebtedness, lending money against real or personal property, investing in equities of allied 130
undertakings, insuring bank deposits of insolvent banks, and extending social security protection to workers or employees of a “delicate and131awful nature,” the Court should “never resort to that authority, but in a clear
and their beneficiaries. Workers Desk, IBON Databank and Research Center, IBON Foundation, Inc., The Philippine and urgent case.” If ever there is doubt—and clearly there is, as manifested
132
herein by a sharply
Banking Sector; supra, pp. 16-17. See also Villegas, Global Finance Capital and the Philippine Financial System; supra, p. divided Court—“the expressed will of the legislature should be sustained.”
27; §§2 and 4 of RA 8282, otherwise known as the “Social Security Law of 1997,” which amended RA 1161; and RA 8291, Indeed, this Court is of the unanimous opinion that the assailed provision was at the outset
133
otherwise known as “The Government Service Insurance System Act of 1997,” which amended PD No. 1146.
123 For a longer discourse on this point, see the Dissenting Opinion of Carpio-Morales, J. constitutional; however, with recent amendments to related laws, the majority now feels that
124 Consolidated Reply, p. 10; Rollo, p. 105. said provision could no longer pass constitutional muster. To nail my colors to the mast, such
proclivity to declare it immediately unconstitutional not only imprudently creeps into the
420 legislative sphere, but also sorely clings to the strands of obscurantism. Future changes in both
legislation and its executive implementation should certainly not be the benchmark for a
420 SUPREME COURT REPORTS ANNOTATED preemptive declaration of unconstitutionality, especially when the said provision is not even
constitutionally infirm to begin with. 134
Central Bank Employees Association, Inc. vs. Bangko Moreover, the congressional enactment into law of pending bills on the compensation of BSP
Sentral ng Pilipinas employees—or even those
125
_______________
workers and employees in other regulatory126government offices. Not even petitioner’s broad and
bare claim of “transcendental importance” can ipso facto generate alacrity on the part of this 130 Calder v. Bull; supra, p. 399; p. 9, per seriatim opinion of Iredell, J.
Court. 131 Ibid.
132 Munn
In the United States more than sixty years ago, Justice Brandeis delineated the famous v. Illinois; supra, p. 123.
133 These amendments pertain to the charters of the Land Bank of the Philippines (LBP) and the Development Bank of
canons of avoidance under which their Supreme Court had refrained from passing upon
the Philippines (DBP).
constitutional questions. One such canon is that the Court must “not anticipate a question of 134 To date, there are two pending bills in the House of Representatives that may have an impact—direct or indirect—
constitutional law in advance of the necessity of deciding it x x x. It is not the habit of the Court to on the assailed provision. These are:
decide127 questions of a constitutional nature unless absolutely necessary to a decision of the
case.” In addition, the Court must not “pass upon a constitutional question although properly (1) HB 00123 which was filed on July 1, 2004 by Rep. Joey Sarte Salceda, entitled “An Act Amending Republic Act
No. 7653, otherwise known as The New Central Bank Act,” and pending with the Committee on Banks and
presented by128the record, if there is also present some other ground upon which the case may be
Financial Intermediaries since July 27, 2004; and
disposed of.”
(2) HB 02295 which was filed on August 10, 2004 by Rep. Monico O. Puentebella, entitled “An Act Providing for the
Applying to this case the contours of constitutional avoidance Brandeis brilliantly Rationalization of Salaries, Allowances and Benefits of Offi-
summarized, this Court may choose to ignore the constitutional question presented by petitioner,
since there is indeed some other ground upon which this case can be disposed of—its clear lack of 422
urgency, by reason of which Congress should be allowed to do its primary task of reviewing and
possibly amending the law.
Taking cognizance of this case and disposing of, or altogether ignoring, the constitutional 422 SUPREME COURT REPORTS ANNOTATED
question leads us to the same inevitable conclusion:
129
the assailed provision should not be declared Central Bank Employees Association, Inc. vs. Bangko
“unconstitutional, unless it is clearly so.” Whichever path is chosen by this Court, I am of the Sentral ng Pilipinas
firm belief that such provision cannot and should not be declared unconstitutional. Since the
authority to declare a legal provision void is
related thereto—will certainly affect the assailed provision. This Court should bide its time, for it Bangko Sentral ng Pilipinas shall be governed by a compensation, position classification system and qualification standards approved
by the Monetary Board based on comprehensive job analysis and audit of actual duties and responsibilities. The compensation plan
has neither the authority nor the competence to contemplate laws, much less to create or amend shall be comparable with the prevailing compensation plans of other government financial institutions and shall be subject to review by
them. the Board no more than once every two (2) years without prejudice to yearly merit reviews or increases based on productivity and
profitability. The Bangko Sentral shall therefore be exempt from existing laws, rules and regulations on compensation, position
Given the current status of these pending bills, the arguments raised by petitioner against the classification and qualification standards. It shall however endeavor to make its system conform as closely as possible with the
assailed provision become all the more tenuous and amorphous. I feel we should leave that principles under Republic Act No. 6758, as amended.”
provision untouched, and instead just accord proper courtesy to our legislators to determine at the 424
proper time and in the manner they deem best the appropriate content of any
_______________ 424 SUPREME COURT REPORTS ANNOTATED

cials and Employees of Government Owned or Controlled Corporations and Government Financial Institutions Exempted from the Central Bank Employees Association, Inc. vs. Bangko
Compensation and Position Classification System,” and pending first reading.
There are also other pending bills advocating for similar exemption from the Salary Standardization Law (SSL). These
are:
preempt Congress, especially when
138
the latter has already shown its willingness and ability to
(1) HB 01926 which was filed on July 29, 2004 by Rep. Robert Ace S. Barbers, entitled “An Act Granting Exemption perform its constitutional duty. After all, petitioner has not proven any extreme urgency for this
to the Public School Teachers from the Coverage of Republic Act 6758, otherwise known as the Salary Court to shove Congress aside in terms of providing the proper solution. Lawmaking is not a pool
Standardization Law and Authorizing the Appropriation of Funds Therefor,” and pending with the Committee on
this Court should wade into.
Appropriations since August 9, 2004;
The Monetary Board has enough leeway to devise its own human resource management
(2) HB 01442 which was filed on July 14, 2004 by Rep. Hussin U. Amin, entitled “An Act Providing for a Separate
Compensation Scheme for Lawyer Positions in the Office of the Secretary of Justice, Department of Justice, system, subject to the standards139of professionalism and excellence that are in accordance with
thereby Exempting The Said Positions from Republic Act No. 6758, otherwise known as the Salary sound principles of management. This system must also be in close conformity to the principles
Standardization Law,” and pending with the Committee on Appropriations since August 3, 2004; and provided for, as well as with the rates prescribed, under RA 6758.
(3) HB 00949 which was filed on July 1, 2004 by Rep. Judy J. Syjuco, entitled “An Act Providing for a Salary More specifically, there should be “equal pay for substantially equal work” and any differences
Standardization for Military and Police Personnel amending for the Purpose Republic Act No. 6758 otherwise in pay should be based “upon substantive140 differences in duties and responsibilities, and
known as the ‘Compensation and Position Classification Act of 1989’ and for other Purposes,” and also pending qualification requirements of the positions.” In determining the basic compensation of all
with the Committee on Appropriations since August 28, 2004.
government personnel, due regard should be given by the said Board to the prevail-
423
_______________
VOL. 446, DECEMBER 15, 2004 423 138 See “Should The Supreme Court Presume that Congress Acts Constitutionally?: The Role of the Canon of Avoidance
and Reliance on Early Legislative Practice in Constitutional Interpretation.” 116 Harv. L. Rev. 1798, April 2003.
Central Bank Employees Association, Inc. vs. Bangko 139 The 1st paragraph of §15(c) of RA 7653, copied verbatim including italics, provides:
Sentral ng Pilipinas “Sec. 15. Exercise of Authority.—In the exercise of its authority, the Monetary Board shall:
“x x x x x x x x x
“(c) establish a human resource management system which shall govern the selection, hiring, appointment, transfer, promotion, or
modifications to it. Besides, there is an omnipresent presumption of constitutionality in every dismissal of all personnel. Such system shall aim to establish professionalism and excellence at all levels of the Bangko Sentral in
135 accordance with sound principles of management.
legislative enactment. No confutation of the proviso was ever shown before; none should be “x x x x x x x x x.”
considered now. 140 §2 of RA 6758.
Congress Willing 425
to Perform Duty
Far from being remiss in its duty, Congress is in fact presently deliberating 136
upon HB 00123,
VOL. 446, DECEMBER 15, 2004 425
which precisely
137
seeks to amend RA 7653 by, inter alia, exempting from the SSL all positions in
the BSP. Accordingly, this Court should not Central Bank Employees Association, Inc. vs. Bangko
_______________
141
135 Peralta v. Commission on Elections; supra, p. 79, per concurring and dissenting opinion of Fernando, J. (later CJ.). ing rates for comparable work in the private sector. Furthermore,
142
the reasonableness of such
136 RA 6758. compensation should be in proportion to the national budget 143
and to the possible erosion in
137 §2 of HB 00123 provides:
purchasing power as a result of inflation and other factors. It should also abide by the Index of
“Section 2. Section 15, paragraph (c) of the same Act is hereby amended to read as follows: Occupational Services prepared by the Department of Budget and Management 144
in accordance
“x x x x x x x x x with the Benchmark Position Schedule and other factors prescribed thereunder.
“A compensation structure, based on job evaluation studies and wage surveys and subject to the Board’s approval, shall be instituted
as an integral component of the Bangko Sentral’s human resource development program: x x x Provided, that all position (sic) in the
152 Francisco,
This Court has not been apprised as to how precisely the human resource management system Jr. v. The House of Representatives, supra, p. 222, per separate opinion of Vitug, J.
153 Fariñas v. The Executive Secretary; supra, p. 14.
of the BSP has been misused. In the absence145 of any evidence to the contrary, it is therefore 154 This was pronounced as early as 1947 in Mabanag v. Lopez Vito, 78 Phil. 1, 3, 18-19, March 5, 1947. See Tatad v.
presumed 146that the law has been obeyed, and that official duty has been regularly Secretary of the Department of Energy, 346 Phil. 321, 394; 281 SCRA 330, 385, November 5, 1997, per dissenting opinion
performed in implementing the said law. Where additional implementing rules would still be of Melo, J.
necessary to put the assailed
147
provision into continued effect, any “attack on their constitutionality 155 Fariñas v. The Executive Secretary; supra, p. 26.
would be premature.”
427
Surely, it would be wise “not to anticipate the serious constitutional law problems148
that would
arise under situations where only a tentative judgment is dictated by prudence.” Attempts “at
abstraction could only lead
149
to dialectics and barren legal questions and to sterile conclusions VOL. 446, DECEMBER 15, 2004 427
unrelated to actualities.” A judicial determination is fallow when in-
_______________ Sentral ng Pilipinas
141 §§2 and 3(b) of RA 6758. 156
142 §3(c) of RA 6758. visions but also of its due enactment.” It is therefore futile to welter in the thought that the
143 §3(d) of RA 6758. original and
157
amended versions of the corresponding bill have no reference to the proviso in
144 §9 of RA 6758.
question. Floor deliberations are either expansive or restrictive. Bills filed cannot be expected to
145 §3(ff) of Rule 131 of the Rules of Court.
146 §3(m) of Rule 131 of the Rules of Court.
remain static; they transmute in form and substance. Whatever doubts there may be as to the
147 Ople v. Torres, 354 Phil. 948, 1011; 293 SCRA 141, 196, July 23, 1998, per dissenting opinion of Mendoza, J. validity of any provision therein must necessarily be resolved in its favor.
(citing Garcia v. Executive Secretary, 204 SCRA 516, 522, December 2, 1991).
148 Peralta v. Commission on Elections; supra, p. 96, per concurring and dissenting opinion of Fernando, J. (later CJ.). Brief Background of the Equal Protection Clause
149 Id., p. 79, per concurring and dissenting opinion of Fernando, J. (later CJ.).
Despite the egalitarian commitment in the Declaration of Independence that “all men are created
426 equal,” the framers of the original Constitution of the United States omitted any constitutional
rule of equal protection. Not until 1868, when the Fourteenth
158
Amendment thereto was ratified by
the legislatures of the several states of the Union, did the concept of equal protection have a
159
constitutional basis; and not until
_______________
156 Tatad v. Secretary of the Department of Energy; supra, p. 394; p. 385, per dissenting opinion of Melo, J.
157 Petition, p. 6; rollo, p. 8.
spired by purely cerebral casuistry or emotional puffery, especially during rowelling times. 158 Article XIV was proposed by Congress and ratified pursuant to the 5th Article of the 1787 U.S. Constitution.
159 “Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the Fourteenth Amendment
known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to
No Denial of Equal Protection have this insight.” Lawrence v. Texas, 123 S.Ct. 2472, June 26, 2003, per Kennedy, J.
http://web2.westlaw.com/result/default.wl?RS=WLW4.08&VR=2.0&SV=Split&
Even if the matter
150
of urgency is set aside 151for the nonce, and the Court exercises its power of FN=_top&MT=WestlawInternational&DB=SCT&Method=TNC&Qu_
judicial review over acts of the legislature, I respectfully submit that the Petition should still ery=%22EQUAL+PROTECTION%22&RLTDB=CLID_DB122318&Rl
be dismissed because the assailed provision’s continued operation will not result in a denial of t=CLID_QRYRLT1522318&Cnt=DOC&DocSample=False&n=1&Cx
t=RL&SCxt=WL&SS=CXT&Service=Search&FCL=True&EQ=search
equal protection.
&CFID=1&bLinkedCiteList=False&Dups=False&RP=%2fsearch%2f
Neither the passage of RA 7653 nor its implementation has 152
been “committed with grave abuse default.wl&nStartListItem=1&TF=507&TC=6. (Last visited September 13, 2004, 8:01:18 a.m. PST).
of discretion amounting to lack or excess of jurisdiction.” Every 153statute is intended by the
legislature to operate “no further than may be necessary to effectuate” its specific purpose. In the 428
absence of a clear finding as to its arbitrary, whimsical or capricious application, the assailed
provision cannot be struck down as violative of the fundamental law.
154 428 SUPREME COURT REPORTS ANNOTATED
Moreover, “[u]nder the ‘enrolled bill doctrine,’ the signing of a bill by the Speaker of the House
and the Senate President and155
the certification of the [s]ecretaries of both Houses of Congress that it Central Bank Employees Association, Inc. vs. Bangko
was passed, are conclusive” “not only of its pro- Sentral ng Pilipinas
_______________
the modern era did the United States Supreme Court give it enduring constitutional significance.
150 §1of Article VIII of the 1987 Constitution. See also Angara v. The Electoral Commission, 63 Phil. 139, 158, July 15, From its inception, therefore,
160
the equal protection clause in “the broad and benign provisions
1936; and Marbury v. Madison; supra, p. 178, per Marshall, CJ. of the Fourteenth Amendment” already sought “to place all persons similarly situated upon a
151 Arceta v. Hon. Mangrobang, G.R. No. 152895, 432 SCRA 136, 140, June 15, 2004, per Quisumbing, J.
161
161
171 In
plane of equality and to render it impossible for any class to obtain preferred treatment.” Its re Shoop; supra, p. 223.
original162 understanding was the proscription only of certain discriminatory acts based 430
on race, although its proper construction, when called to the attention
163
of the US Supreme Court
in the Slaughter-House Cases, first involved exclusive privileges. Eventually, other disfavored
bases of governmental action were identified. Labeled as morally irrelevant 430 SUPREME COURT REPORTS ANNOTATED
traits, gender, illegitimacyand alienage were included in this list.
Today, this clause is “the single most important concept x x x for the protection of individual Central Bank Employees Association, Inc. vs. Bangko
164
rights.” It does not, however,
165
create substantive rights. Its guaranty is merely “a pledge of the Sentral ng Pilipinas
166
protection of equal laws.” Its “promise that no person shall be denied the equal protection of the
172
laws must coexist with the practical necessity that most legislation classi- States Constitution as 173
a limitation upon the powers of the military governor then in charge of
the Philippine Islands.
_______________ In a catena of constitutional cases decided after the change in sovereignty, this Court
160 Yick
consistently held that the equal protection clause requires all persons or things similarly situated
Wo v. Hopkins, 118 US 356, 373, 6 S.Ct. 1064, 1073, 30 L.ed. 220, 227, May 10, 1886, per Matthews, J.
161 Louisville & Nashville Railroad Co. v. Faulkner; supra, p. 198, per Stanley, J.
to “be treated alike, both as to rights conferred and responsibilities imposed. Similar subjects x x x
162 Defensor-Santiago, The “New” Equal Protection, 58 Phil. Law Journal 1, 3, March 1983. should not be treated
174
differently, so as to give undue favor to some and unjustly discriminate
163 Plessy v. Ferguson, 163 US 537, 543, 16 S.Ct. 1138, 1140, May 18, 1896. against others.” 175 176 177
164 Defensor-Santiago, The “New” Equal Protection, supra, p. 1.
Being a constitutional limitation first recognized in Rubi —citing Yick 178 Wo —as one
165 Vacco v. Quill, 521 US 793, 799, 117 S.Ct. 2293, 2297, June 26, 1997, per Rehnquist, CJ.
166 Romer v. Evans; supra, pp. 633-634; supra, p. 1628, per Kennedy, J. (citing Skinner v. Oklahoma ex rel.
“derived from the Fourteenth Amendment to the United States Constitution,” this clause
Williamson, 316 US 535, 541, 62 S.Ct. 1110, 1113, June 1, 1942, per Douglas, J., quoting Yick Wo v. Hopkins; supra, p.
prescribes certain requirements for validity: the challenged statute must be applicable to all
369; supra, p. 1070; supra, p. 226, per Matthews, J.). members of a class, reasonable, and enforced by the regular methods of procedure
429
_______________
172 Duarte v. Dade, 32 Phil. 36, 50, October 20, 1915.
VOL. 446, DECEMBER 15, 2004 429 173 Mendoza, From McKinley’s Instructions to the New Constitution: Documents on the Philippine Constitutional
System (1978), pp. 5-6.
Central Bank Employees Association, Inc. vs. Bangko 174 Cruz, Constitutional Law, supra, p. 124 (citing Lao H. Ichong v. Hernandez, 101 Phil. 1155, 1164, 1175-1176, May
Sentral ng Pilipinas 31, 1957, per Labrador, J.).

175 Actually, the equal protection clause was first raised on appeal in US v. Mendezona, 2 Phil. 353, July 25, 1903, but
167 was not discussed by this Court thru Torres, J. It was in fact only briefly mentioned in the Court’s denial of accused-
fies for one purpose or another, with168
resulting disadvantage to various groups or persons.” appellee’s Motion for Rehearing. Moreover, it referred to the clause as embodied not in our own Constitution but in that of
As mirrored
169
in our Constitution, this clause enjoys the interpretation given by its American the United States.
176 Rubi v. The Provincial Board of Mindoro, 39 Phil. 660, March 7, 1919.
framers and magistrates. In fact, a century ago, this Court already enunciated that “the mere 177 Yick Wo v. Hopkins; supra, p. 373; supra, pp. 1072-1073; supra, p. 227, per Matthews, J.
act of cession of the Philippines to the United States did not extend the [US] Constitution here, 178 Rubi v. The Provincial Board of Mindoro; supra, p. 703, per Malcolm, J. (citing Yick Wo v. Hopkins; supra, p.
except such parts as fall within the general principles of fundamental limitations in favor of 369; supra, p. 1070; supra, p. 226, per Matthews, J.)
personal rights formulated in the [US] Constitution and its amendments, and which exist rather
by inference and the general spirit of the [US] Constitution, and except those express provisions of 431
the [US] Constitution 170
which prohibit Congress from passing laws in their contravention under any
circumstances x x x.” Being one such limitation in favor of personal rights enshrined in the VOL. 446, DECEMBER 15, 2004 431
Fourteenth Amendment, equal protection is thus deemed extended to our jurisdiction.
Notably, Justice Malcolm himself said that the 171
constitutional law of Spain, then in effect, was Central Bank Employees Association, Inc. vs. Bangko
“entirely abrogated by the change of sovereignty.” As a result, it was the constitutional law of the Sentral ng Pilipinas
United States that was transposed to our fledgling political and legal system. To be precise, the
principal organic acts of the Philippines included President McKinley’s Instructions to the Second 179
prescribed, rather than by purely arbitrary means. Its reasonableness must meet the
Philippine Commission of April 7, 1900, to which this Court recognized the United 180 181
requirements enumerated in Vera and later summarized in Cayat.
_______________ Three Tests Passed by Assailed Provision
167 Romer v. Evans; supra, p. 631; supra, p. 1627, per Kennedy, J. I respectfully submit that the assailed provision passes the three-tiered standard of review for
168 §1 of Article III of the 1987 Constitution provides: “No person shall be x x x denied the equal protection of the laws.”
169 Foremost of these were the proponents of The Federalist Papers, namely: Alexander Hamilton, James Madison, and
equal protection that has been developed by the courts through all these years.
John Jay.
170 US v. Dorr, 2 Phil. 269, 283-284, May 16, 1903, per Cooper, J. The Rational Basis Test
Under the first tier or the rational relationship or rational basis test, courts will182 uphold a VOL. 446, DECEMBER 15, 2004 433
classification if it bears a rational relationship to an accepted governmental end. In other
183
words, it must be “rationally related to a legitimate state interest.” To be reasonable, such Central Bank Employees Association, Inc. vs. Bangko
classification must be (1) based on substantial distinction that makes for real differences; (2) Sentral ng Pilipinas
germane to the purposes of the law; (3) not limited
Whether it would have190been a better policy to make a more comprehensive classification “is not
_______________ our province to decide.” The absence of 191
legislative facts supporting a classification chosen has no
179 Rubi
significance in the rational basis test. In fact, “a legislative choice is not subject to courtroom
v. The Provincial Board of Mindoro; supra, pp. 707 and 718.
180 People v. Vera, 65 Phil. 56, 126, November 16, 1937. fact-finding
192
and may be based on rational speculation unsupported by evidence or empirical
181 People v. Cayat, 68 Phil. 12, May 5, 1939. data.”
193
Requiring Congress to justify its efforts may even “lead it to refrain from acting at
182 Defensor-Santiago, The “New” Equal Protection, supra, p. 7. all.” In addition, Murphy holds that the statutory classification “enjoys a strong presumption 194
of
“A century of Supreme Court adjudication under the Equal Protection Clause affirmatively supports the application of the traditional
constitutionality, and a reasonable doubt as to its constitutionality is sufficient to sustain it.”
standard of review, which requires only that the State’s system be shown to bear some rational relationship to legitimate state Respectfully, therefore, I again differ from the 195
ponencia’scontention that the amendments of
purposes.” San Antonio School District v. Rodriguez, 411 US 1, 40, 36 L.Ed. 2d 16, 47, March 21, 1973, per Powell, J. the charters of the seven GFIs from 1995 to 2004 have already “unconstitutionalized”
http://caselaw.lp.findlaw.com/scripts/getcase.pl? navby=case&court=us& vol=411&page=1. (Last visited September 13, 2004, 2:12:45
p.m. PST).
183 City of Cleburne, Texas v. Cleburne Living Center; supra, p. 440; supra, p. 3254, per White, J. _______________
190 International Harvester Co. of America v. Missouri, 234 US 199, 210, 34 S.Ct. 859, 863, June 8, 1914, per
432
McKenna, J.
191 Federal Communications Commission v. Beach Communications, Inc.; supra, p. 315; supra, p. 2102
(citing Nordlinger v. Hahn, 505 US 1, 15, 112 S.Ct. 2326, 2334, June 18, 1992).

432 SUPREME COURT REPORTS ANNOTATED 192 Ibid., Ibid., per Thomas, J.
193 City of Cleburne, Texas v. Cleburne Living Center; supra, p. 444; supra, p. 3257, per White, J.
Central Bank Employees Association, Inc. vs. Bangko 194 Murphy v. Edmonds; supra, p. 114.
Sentral ng Pilipinas 195 These amendments as enumerated in the ponencia are:
184 1. RA No. 7907 (1995) for Land Bank of the Philippines (LBP);
to existing conditions only; and (4) equally applicable to all members of the same class. 2. RA No. 8282 (1997) for Social Security System (SSS);
Murphy states that when a governmental classification is attacked on equal protection 3. RA No. 8289 (1987) for Small Business Guarantee and Finance Corporation (SBGFC);
grounds,
185
such classification is in most instances reviewed under the standard rational basis 4. RA No. 8291 (1997) for Government Service Insurance System (GSIS);
test. Accordingly, courts will not overturn that classification, unless the varying treatments of 5. RA No. 8523 (1998) for Development Bank of the Philippines (DBP);
different groups are so unrelated to the achievement of any legitimate 186
purpose that the courts 6. RA No. 8763 (2000) for Home Guaranty Corporation (HGC); and
can only conclude that the governmental actions are irrational. A classification must “be
reasonable, not arbitrary, and x x x rest upon some ground of difference having a fair and 434
substantial relation to187the object of the legislation, so that all persons similarly circumstanced
shall be treated alike.”
All these conditions are met in the present case. The retention of the best and the 434 SUPREME COURT REPORTS ANNOTATED
188
brightest officials in an independent central monetary authority is a valid governmental Central Bank Employees Association, Inc. vs. Bangko
objective that can be reasonably met by a corresponding exemption from a salary standardization
scheme that is based on graduated salary levels. 189The legislature in fact enjoys a wide berth in
continually classifying whenever it enacts a law, provided that no persons similarly situated
within a given class are treated differently. To contend otherwise is to be presumptuous about the the continued implementation of the BSP proviso. Be it remembered that the first six GFIs
legislative intent or lack of it. mentioned by Mr. Justice Puno—namely the LBP, 196
SSS, SBGFC, GSIS, DBP and HGC—do not
stand in the same class and category as the BSP.
_______________
While the BSP, as mentioned earlier, is a regulatoryagency
performing governmental functions, the six aforementioned GFIs perform proprietary functions
184 People v. Vera; supra, p. 126. See People v. Cayat; supra, p. 18. that chiefly compete with private banks and other non-bank financial institutions. Thus, the so-
186 Ibid.
called concept of relative constitutionality again finds no application. Under the rational
187 Johnson v. Robison, 415 US 361, 374-375, 94 S.Ct. 1160, 1169, March 4, 1974, per Brennan, J. (citing Reed v. relationship test, there can be no unequal protection of the law between employees of the BSP and
Reed, 404 US 71, 76, 92 S.Ct. 251, 254, November 22, 1971). those of197 the GFIs. Further, the equal protection clause “guarantees equality, not198identity of
188 §20 of Article XII of the 1987 Constitution. rights.” A law remains valid even if it is limited “in the object to which it is directed.”
189 Defensor-Santiago, The “New” Equal Protection, supra, p. 5.
“Defining the class of persons subject to a regulatory requirement x x x inevitably requires that
433
some persons who have an almost equally strong claim to favored treatment be placed on different
sides of the line, and the fact that the line might have been199
drawn differently at some points is a 436 SUPREME COURT REPORTS ANNOTATED
matter for legislative, rather than judicial, consideration.” In fact,
_______________
7. RA No. 9302 (2004) for Philippine Deposit Insurance Corporation (PDIC).

to those found in the amended charters of the seven other GFIs already mentioned, the
196 In fact, as of April 1, 2002, the LBP and DBP already perform universal banking functions, thus allowing them to governmental objectives as explicitly stated in the explanatory note remain—to ascertain BSP’s
combine their resources with those of investment houses and to generate long-term investment capital. As expanded effectiveness and to strengthen its supervisory capability in promoting a more stable banking
commercial banks today, these two institutions are certainly subject to the regulatory and supervisory powers of the BSP. system. This fact merely confirms that the present classification and distinction under the
Workers Desk, IBON Databank and Research Center, IBON Foundation, Inc., The Philippine Banking Sector, supra, pp. assailed provision still bear a rational relationship to the same legitimate governmental
17-18.
197 Victoriano v. Elizalde Rope Workers’ Union, 59 SCRA 54, 77, September 12, 1974, per Zaldivar, J. objectives and should, therefore, not be invalidated.
198 Ibid. The validity of a law is to be determined not by its effects on a particular case or by an
199 Federal Communications Commission v. Beach Communications, Inc.; supra, pp. 315-316; supra, p. 2102, per incidental result arising
205
therefrom, but by the purpose and efficacy of the law in accomplishing
Thomas, J. (citing that effect or result. This point confirms my earlier position that the enactment of a law is not
435
the same as its operation. Unlike Vera in which the Court206
invalidated the law on probation
because of the unequal effect in the operation of such law, the assailed provision in the present
case suffers from no such invidious discrimination. It very well achieves its purpose, and it applies
VOL. 446, DECEMBER 15, 2004 435 equally to all government employees within the BSP. Furthermore, the application of this
provision is not made subject to any discretion, uneven appropriation of funds, or time limitation.
Central Bank Employees Association, Inc. vs. Bangko Consequently, such a law neither denies equal protection nor permits of such denial.
The Strict Scrutiny Test
as long as “the basic classification is rationally based, 200uneven effects upon particular groups Under the second tier or the strict scrutiny test, the Court will require the government to show a
within a class are ordinarily of no constitutional concern.” “It is not the province of this Court to compelling or overriding end207to justify (1) the limitation on fundamental rights or (2) the
create 201substantive constitutional rights in the name of guaranteeing equal protection of the implication of suspect classes. Where a statutory classification impinges upon a fundamental
laws.” right or burdens a suspect class, such classification is subjected to strict scru-
On the other hand, the Philippine Deposit Insurance Corporation (PDIC) is also a government
regulatory agency almost on the same level of importance as the BSP. 202
However, its charter was _______________
only amended very recently—to be more precise, on July 27, 2004. Consequently, it would be
205 Victoriano v. Elizalde Rope Workers’ Union; supra, p. 82.
most unfair to implicitly accuse Congress of inaction, discrimination and unequal 206 People v. Vera; supra, p. 128.
treatment. Comity with and courtesy to a coequal branch dictate that our lawmakers be given 207 Defensor-Santiago, The “New” Equal Protection, supra, pp. 7 & 9.
sufficient time and leeway to address the alleged problem of differing pay scales. “Only by faithful
adherence to this guiding principle of judicial review of legislation is it203possible to preserve to the 437
legislative branch its rightful independence and its ability to function.” Besides, it is a cardinal
rule that courts first ascertain whether construction of a statute is fairly possible by which any
constitutional question therein may be avoided.
204
VOL. 446, DECEMBER 15, 2004 437
To explain further, while the possible changes contemplated by Congress in HB 00123 are Central Bank Employees Association, Inc. vs. Bangko
similar, if not identical, Sentral ng Pilipinas
_______________ 208
tiny. It209will be upheld only if it is shown to be “suitably tailored to serve a compelling state
United States Railroad Retirement Board v. Fritz; supra, p. 179; supra, p. 461, per Rehnquist, J. [later CJ.]). interest.”
200 Vacco v. Quill; supra, p. 801; supra, p. 2298, per Rehnquist, CJ.
201 San Antonio School District v. Rodriguez; supra, p. 33; supra, p. 43, per Powell, J.
Therefore, all legal restrictions that curtail the civil rights of a suspect class, like a single
202 The effectivity date is August 12, 2004. http://www.pdic.gov. ph/ra9302.htm. (Last visited September 1, 2004;
racial or ethnic group, are immediately suspect. “That is not to say that all such restrictions
210
are
9:06:01 a.m. PST). unconstitutional. It is to say that courts must subject them to the most rigid scrutiny.” Pressing
203 Federal Communications Commission v. Beach Communications, Inc.; supra, p. 315; supra, p. 2102, per Thomas, J. public necessity, for instance, may justify the existence of those restrictions, but antagonism
(citing Lehnhausen v. Lake Shore Auto Parts Co., 410 US 356, 365, 93 S.Ct. 1001, 1006, February 22, 1973, per toward such suspect classes never can.
Douglas, J., quoting Carmichael v. Southern Coal & Coke Co., 301 US 495, 510, 57 S.Ct. 868, 872, May 24, 1937, per To date, no American case—federal or state—has yet been decided involving equal pay
Stone, J.). schemes as applied either to government employees vis-à-vis private ones, or within the
204 Johnson v. Robison; supra, pp. 366-367; supra, p. 1165.
governmental ranks. Salary grade or class of position is not a fundamental right like
436
211 212 213 214 215
211 212 213 214 215
marriage, procreation, voting, speech and interstate travel. American
216
courts have in fact VOL. 446, DECEMBER 15, 2004 439
even refused to declare government employment a fundamental right.
_______________
209 Ibid., per Eldridge, J. See City of Cleburne, Texas v. Cleburne Living Center; supra, p. 440; supra, p. 3254, per authority with an evil eye and an unequal hand, so as practically to make unjust and illegal
White, J. discriminations between persons in similar circumstances, material 225
to their rights, the denial of
210 Korematsu v. US, 323 US 214, 216, 65 S.Ct. 193, 194, December 18, 1944, per Black, J. equal justice is still within the prohibition of the [C]onstitution.” The facts in Yick Woclearly
211 Loving v. Commonwealth of Virginia, 388 US 1, 12, 87 S.Ct. 1817, 1824, June 12, 1967.
point out that the questioned ordinances therein—regulating the use of wooden buildings in the
212 Skinner v. Oklahoma ex rel. Williamson; supra, p. 541; supra, p. 1113.
213 Kramer v. Union Free School District No. 15, 395 US 621, 626, 89 S.Ct. 1886, 1889, June 16, 1969.
business of keeping and conducting laundries—operated in hostility to the race and 226
nationality to
214 Speech here refers to the right to engage in political expression.Austin v. Michigan Chamber of Commerce, 494 US which plaintiffs belonged, being aliens and subjects of the Emperor of China. To a board of
652, 666, 110 S.Ct. 1391, 1401, March 27, 1990. supervisors was given the arbitrary power to withhold permits227
to carry on a harmless and useful
215 Attorney General of New York v. Soto-Lopez, 476 US 898, 903-904, 106 S.Ct. 2317, 2321-2322, June 17, 1986. occupation on which the plaintiffs depended for livelihood.
See Murphy v. Edmonds; supra,p. 109. In contrast, no such arbitrariness is found in the case at bar. Neither is there any allegation of
216 Defensor-Santiago, The “New” Equal Protection, supra, p. 11, March 1983.
abuse of discretion in the implementation of a human resource development program. There is
438 also no allegation of hostility shown toward employees receiving salaries below grade 20.
In fact, for228purposes of equal protection analysis, financial need alone does not identify a
suspect class. And even if it were to consider government pay to be akin to wealth, it has
438 SUPREME COURT REPORTS ANNOTATED already been held that “where wealth is involved, 229
the Equal Protection Clause does not require
absolute equality or precisely equal advantages.” After all, a law does not become
_______________
225 Id., pp. 373-374; Id., p. 1073; Id., p. 227, per Matthews, J.
As to suspect classes, non-exempt government employees (those with salary grades below 20) are 226 Id., pp. 366, 368 and 374; Id., pp. 1069, 1070, and 1073; Id., pp. 225-226, and 228.
not a group “saddled with such disabilities, or subjected to such a history of purposeful unequal 227 Id., pp. 366 and 374; Id., pp. 1069 and 1073; Id., pp. 225 and 228.
treatment, or relegated to such a position of political powerlessness,
217
as to command extraordinary 228 Maher v. Roe, 432 US 464, 470-471, 97 S.Ct. 2376, 2380-2381, June 20, 1977.
protection
218
from the
219
majoritarian
220
political process.” They221
are a group so much unlike 229 San Antonio Independent School District v. Rodriquez; supra, p. 24; supra, p. 37, per Powell, J.
race, nationality, alienage or denominational preference —factors that are “seldom relevant
440
to the achievement of any legitimate state interest222
that laws grounded in such considerations are
deemed to reflect prejudice and antipathy x x223x.” 224
Again, with due respect, the ponencia’s reference to Yick Wo, therefore, is unbefitting. 440 SUPREME COURT REPORTS ANNOTATED
Indeed that case held that “[t]hough the law itself be fair on its face and impartial in appearance,
yet, if it is applied and administered by public Central Bank Employees Association, Inc. vs. Bangko
_______________
230
217 Massachusetts Bd. of Retirement v. Murgia, 96 S.Ct. 2562, US Mass., June 25, 1976, per curiam (citing San Antonio
invalid “because of simple inequality,” financial or otherwise.
Independent School District v. Rodriguez; supra, p. 28; supra, p. 40, per Powell, J.). Since employment in the government is not a fundamental right and government employees
http://web2.westlaw.com/find/default.wl?SerialNum= below salary grade 20 are not a suspect class, the government is not required to present a
1976142431&FindType=Y&AP=&RS=WLW4.08&R=2.0&FN=_top& compelling objective to justify a possible infringement under the strict scrutiny test. The assailed
S=Split&MT=WestlawInternational&RLT=CLID_FQRLT425229&n provision thus cannot be invalidated via the strict scrutiny gauntlet. “In areas of social and
=1 (Last visited September 2, 2004; 09:36:35 a.m. PST).
218 For instance, it has long been declared by the US Supreme Court that “racial discrimination in public education is economic policy, a statutory classification that neither proceeds along suspect lines nor infringes
unconstitutional.” Brown v. Board of Education of Topeka, Shawnee County, Kansas, 349 US 294, 298, 75 S.Ct. 753, 755, fundamental constitutional rights must be upheld against equal protection challenge if there is
May 31, 1955, per Warren, CJ. any reasonably 231
conceivable state of facts that could provide a rational basis for the
219 Grutter v. Bollinger, 539 US 306, 326, 123 S.Ct. 2325, 2337-2338, June 23, 2003.
classification.”
220 In re Griffiths, 413 US 717, 721-724, 93 S.Ct. 2851, 2854-2856, June 25, 1973.
221 Larson v. Valente, 456 US 228, 246, 102 S.Ct. 1673, 1684, April 21, 1982.
222 City of Cleburne, Texas v. Cleburne Living Center; supra, p. 440; supra, p. 3254, per White, J.
The Intensified Means Test
223 See ponencia. Under the third tier or the intensified means test, the Court should accept
232
the legislative end, but
224 Yick Wo v. Hopkins; supra, p. 220; supra, p. 1064; supra, p. 356.
should closely scrutinize its relationship to the classification made. There exist classifications
439
that are subjected to a higher or intermediate degree of scrutiny than the deferential or
traditional rational basis test. These classifications, however, have not been deemed to involve
suspect classes or fundamental rights; thus, they have not been subjected to the strict scrutiny
test. In other words, such classifications must be “substantially
_______________
quality, so that 239x x x the fact of inequality in no manner determines the matter of
230 Victoriano v. Elizalde Rope Workers’ Union; supra, p. 77, per Zaldivar, J. (citing International Harvester Co. v.
constitutionality.”
Missouri; supra, p. 210; supra, p. 862, per McKenna, J.).
231 Federal Communications Commission v. Beach Communications, Inc.; supra, p. 313; supra, p. 2101, per Thomas, J. A statute, therefore, “is not invalid under the Constitution because it might have gone farther
than it did,
240
or because it may not succeed in bringing about the result241 that it tends to
In City of Cleburne, Texas v. Cleburne Living Center; supra, p. 442; supra, p. 3255, the Court implied that the rational basis test is the produce.” Congress does not have to “strike at all evils at the same time.” Quoting Justice
standard of judicial review normally accorded economic and social legislation.
Holmes, a law “aimed at what is deemed an evil, and hitting it presumably where experience
232 Defensor-Santiago, The “New” Equal Protection, supra, pp. 7-8. shows it to be most felt, is not to be upset by thinking up and enumerating other instances to which
441
[the law] might have been applied equally well, so 242
far as the court can see. That is for the
legislature to judge[,] unless the case is very clear.” This Court is without power to disturb a
legislative judgment, unless “there is no fair reason for243the law that would not require with equal
VOL. 446, DECEMBER 15, 2004 441 force its extension to others whom it leaves untouched.”244 To find fault with a legislative policy “is
not to establish the invalidity of the law based upon it.”
_______________
233
Visited September 3, 2004; 3:01:49 p.m. PST). See also Murphy v. Edmonds, supra, p. 114.
related to a sufficiently important governmental interest.” Examples
234
of these so-called “quasi- 239 International Harvester Co. of America v. Missouri; supra, p. 210; supra, p. 862, per McKenna, J. (citing Atchison,
suspect” classifications
235
are those based on gender, legitimacy under certain T.& S.F.R. Co. v. Matthews, 174 US 96, 106, 19 S.Ct. 609, 613, April 17, 1899, per Brewer, J.).
circumstances, legal residency with regard to availment of free public education, civil service 240 Goesært v. Cleary, 335 US 464, 467, 69 S.Ct. 198, 200, December 20, 1948, per Frankfurter, J. (citing Roschen v.
employment preference for armed forces veterans who are state residents upon entry to military Ward, 279 US 337, 339, 49 S.Ct. 336, April 22, 1929, per Holmes, J.).
241 Katzenbach v. Morgan, 384 US 641, 657, 16 L.Ed. 2d 828, 839, June 13, 1966, per Brennan, J. (citing Semler v.
service, and the right to practice
236
for compensation the profession for which certain persons have
Oregon State Board of Dental Examiners, 294 US 608, 610, 55 S.Ct. 570, 571, 79 L.Ed. 1086, 1089, April 1, 1935, per
been qualified and licensed.
Hughes, C.J.).
Non-exempt government employees may be a sensitivebut not a suspect class, and their 242 Churchill v. Rafferty, 32 Phil. 580, 611-612, December 21, 1915, per Trent, J. (quoting Keokee Consolidated Coke Co.
employment status may be important although not fundamental. Yet, the enactment237of the v. Taylor, 234 US 224, 227, 34 S.Ct. 856, 857, June 8, 1914, per Holmes, J.).
assailed provision is a reasonable means by which the State seeks to advance its interest. Since 243 International Harvester Co. of America v. Missouri; supra, p. 214; supra, p. 864, per McKenna, J. (citing Missouri,
such provision sufficiently serves important governmental interests and is substantially related to Kansas, & Texas Railway Co. of Texas v. May, 194 US 267, 269, 24 S.Ct. 638, 639, May 2, 1904, per Holmes, J.).
244 Id., p. 215; Id., p. 865, per McKenna, J.
the achievement thereof, then, again it stands.
“In the area of economics and social welfare, a State does not violate the Equal Protection 443
Clause merely because the classifications made by its laws are imperfect. If the classification has
some ‘reasonable basis,’ it does not offend the Constitution simply because the classification ‘is not
VOL. 446, DECEMBER 15, 2004 443
238
made with mathematical nicety or because in practice it results in some inequality.’ ” “The very
idea of classification is that of ine-
_______________
233 Cityof Cleburne, Texas v. Cleburne Living Center; supra, p. 441; supra, p. 3255, per White, J.
234 Id., pp.
440-441; Id., pp. 3254-3255.
235 Id., p.
441; Id., p. 3255.
236 Murphy v. Edmonds; supra, pp. 109-110.
Epilogue
237 San Antonio Independent School District v. Rodriguez; supra, p. 98;supra, pp. 80-81, per dissenting opinion of
Marshall, J.
After that rather lengthy discourse, permit me to summarize. I respectfully submit that the
238 Dandridge v. Williams, 90 S.Ct. 1153, US Md., April 6, 1970, per Stewart, J. (citing Lindsley v. Natural Carbonic assailed provision is not unconstitutional either on its face or as applied.
Gas Co., 220 US 61, 78, 31 S.Ct. 337, 340, March 13, 1911, per Van Devanter, J.). First, the theory of relative constitutionality is inapplicable to and not in pari materia with the
http://web2.westlaw.com/find/default.wl?SerialNum=197013420& present facts. It pertains only to the circumstances that an assailed law specifically addressed
FindType=Y&AP=&RS=WLW4.08&VR=2.0&FN=_top&SV=Split& upon its passage, and not to extraneous circumstances.
MT=WestlawInternational&RLT=CLID_FQRLT111229&n=1. (Last
The American cases cited in the ponencia prove my point. The laws therein that have been
442 declared invalid because of “altered circumstances” or “changed conditions” are of the emergency
type passed in the exercise of the State’s police power, unlike the law involved in the present case.
Moreover, our ruling in Rutter does not apply, because the assailed provision in the present case
442 SUPREME COURT REPORTS ANNOTATED is not a remedial measure subject to a period within which a right of action or a remedy is
suspended. Since the reason for the passage of the law still continues, the law itself must VOL. 446, DECEMBER 15, 2004 445
continue.
Second, this Court should respect Congress as a coequal branch of government. No urgency Central Bank Employees Association, Inc. vs. Bangko
has been shown as to require the peremptory striking down of the assailed provision, and no Sentral ng Pilipinas
injuries have been demonstrated to have been sustained as to require immediate action on the
judiciary’s part. stances covered by the law, not when there is an enactment of another law pertaining to subjects
The legislative classification of BSP employees into exempt and non-exempt, based on the not directly covered by the assailed law. Whether factual conditions have so changed as to call for
salary grade of their positions, and their further distinction (albeit perhaps not by design) from a partial or even a total abrogation of the law is a246matter that rests primarily within the
the employees of various GFIs are nevertheless valid and reasonable in achieving the standards constitutional prerogative of Congress to determine. To justify a judicial nullification, the
of professionalism and excellence within the BSP—standards that are in accordance with sound constitutional breach of a legal provision must be very clear and unequivocal, not doubtful or
247
principles of management and the other principles provided for under RA 6758. They are argumentative.
employees not subjected to the same levels of difficulty, responsibility, and qualification In short, this Court can go no further than to inquire whether Congress had the power to enact
requirements. Besides, the BSP performs a law; it cannot delve into the wisdom of policies it adopts or into the adequacy under existing
248
444 conditions of measures it enacts. The equal protection clause 249

is not a license for the courts “to
judge the wisdom, fairness, or logic of legislative choices.” Since relative constitutionality was
not discussed by the parties in any of their pleadings, fundamental fairness and evenhandedness
444 SUPREME COURT REPORTS ANNOTATED still dictate that Congress be heard on this concept before the Court imposes it in a definitive
ruling.
Central Bank Employees Association, Inc. vs. Bangko Just a final observation at this juncture. It seems to me that when RA 7653 was enacted, the
Sentral ng Pilipinas real focus of the second paragraph of Section 15(c) of Chapter 1 of Article II of the statute was to
enable the officers and executives of the BSP to enjoy a wider scope of exemption from the
primarily governmental or regulatory functions, while the GFIs cited in Compensation Classification System than that stated in the last part of Section 9 of the Salary
the ponencia execute purely proprietary ones. Standardization Law. As can be gleaned from the deliberations on the bill, the mention of BSP
Congress is in fact presently deliberating upon possible amendments to the assailed provision. employees with salary grade 19 and below seems to have been purely incidental in the process of
Since there is no question that it validly exercised its power and did not gravely abuse its defining who were part of the executive and officer corps. It appears that the “classification” (if
discretion when it enacted the law, its will must be sustained. Under the doctrine of separation of we can call it that) of the rank and filers with salary grade 19 and below, via the challenged
powers with concomitant respect for coequal and coordinate branches of government, this Court proviso, came about
has neither the authority nor the competence to create or amend laws.
Third, the assailed provision passes the three-tiered standard of review for equal protection. It _______________
is both a social and an economic measure rationally related to a governmental end that is not 246 People v. Cayat; supra, p. 21.
prohibited. Since salary grade, class of position, and government employment are not 247 Peralta v. Commission on Elections; supra, p. 55.
fundamental or constitutional rights, and non-exempt government employees or their financial 248 People v. Cayat; supra, p. 21.
need are not suspect classes, the government is not at all required to show a compelling state 249 Federal Communications Commission v. Beach Communications, Inc.; supra, p. 313; supra, p. 2101, per Thomas, J.
interest to justify the classification made. The provision is also substantially related to the
446
achievement of sufficiently important governmental objectives. A law does not become invalid
because of simple inequality, or because it did not strike at all evils at the same time.
At bottom, whichever constitutional test is used, the assailed provision is not unconstitutional. 446 SUPREME COURT REPORTS ANNOTATED
Moreover, a thorough scrutiny of the Petition reveals that the issue of equal 245 protection has been
raised only in regard to the unconstitutionality of the proviso at its inception, and not by reason Central Bank Employees Association, Inc. vs. Bangko
of the alleged “changed conditions” propounded by the ponencia. With greater reason then that Sentral ng Pilipinas
the Petition should be denied.
In our jurisdiction, relative constitutionality is a rarely utilized theory having radical
not by design. And it was only after the later pieces of legislation were promulgated affecting the
consequences; hence, I believe it should not be imposed by the Court unilaterally. Even in the US,
charters of the LBP, GSIS, SSS, DBP, etc. that the proviso came to be considered as
it applies only when there is a change in factual circum-
“discriminatory.”
In these trying times, I cannot but sympathize with the BSP rank and filers on account of the
_______________ situation they have found themselves in, and I do not mean to begrudge them the opportunity to
245 Petition, p. 3; Rollo, p. 5. receive a higher compensation package than what they are receiving now. However, they are
operating on the simplistic assumption that, being rank and file employees employed in a GFI,
445 they are automatically entitled to the same benefits, privileges, increases and the like enjoyed by
any other rank and file employee of a GFI, seeing as they are all working for one and the same
government anyway.
It could also have something to do with the fact that Central Bank employees were quite well Sentral ng Pilipinas
paid in the past. They may have overlooked the fact that the different GFIs are regulated by their
respective charters, and are mandated to perform different functions (governmental or
proprietary). Consequently, their requirements and priorities are likewise different, and differ in
importance in the overall scheme of things, thus necessitating some degree of differentiation and DISSENTING OPINION
calibration in respect of resource allocation, budgets and appropriations, and the like.
The long and short of it is that there can be no such thing as an automatic entitlement to CARPIO, J.:
increases in compensation, benefits and so forth, whether we consider the BSP rank and filers
similarly situated along with other rank and filers of GFIs, or as being in a class by themselves. I dissent from the majority opinion.
This is because the BSP is, strictly speaking, not a GFI but rather, the regulatory agency of GFIs. First, the majority opinion does not annul a law but enacts a pending bill in Congress into law.
The foregoing becomes even more starkly clear when mention is again made of the The majority opinion invades the legislative domain by enacting into law a bill that the 13th
fiscal/budget deficit hobbling the national government, which has, not surprisingly, triggered Congress is now considering for approval. The majority opinion does this in the guise of annulling
waves of belt tightening measures throughout every part of the bureaucracy. This particular a proviso in Section 15(c), Article II of Republic Act No. 7653 (“RA 7653”).
scenario puts Congress Second, the majority opinion erroneously classifies the Bangko Sentral ng Pilipinas (“BSP”), a
447 regulatory agency exercising sovereign functions, in the same category as non-regulatory
corporations exercising purely commercial functions like Land Bank of the Philippines (“LBP”),
Social Security System (“SSS”), Government Service Insurance System (“GSIS”), Development
VOL. 446, DECEMBER 15, 2004 447 Bank of the Philippines (“DBP”), Small Borrowers Guarantee Fund Corporation (“SBGFC”), and
Home Guarantee Corporation (“HGC”).
Sentral ng Pilipinas Usurpation of Legislative Power
There is a bill now pending in Congress, House Bill No. 123, seeking to exempt the rank-and-file
somewhat at odds with itself. On the one hand, it is studying HB 00123 with the end in view of employees of BSP from the Salary Standardization Law (“SSL”). A similar bill was filed in the
precisely addressing the principal concern of the petitioner. On the other hand, it is also looking 12th Congress together with the bill exempting from the SSL all officials and employees of
into how the various exemptions from the Salary Standardization Law can be rationalized or Philippine Deposit Insurance Corporation (“PDIC”). The bill exempting PDIC employees from
done away with, in the hope of ultimately reducing the gargantuan deficit. SSL was approved on 27 July 2004 in the dying days of the 12th Congress. However, due to lack
Thankfully, the Court is not the one having to grapple with such a conundrum. It behooves us of time, the bill exempting BSP rank-and-file employees did not reach third reading.
to give Congress, in the exercise of its constitutional mandate and prerogative, as much elbow What the majority opinion wants is to preempt Congress by declaring through a judicial
room and breathing space as it needs in order to tackle and perhaps vanquish the many headed decision that BSP rank-and-file employees are now exempt from the SSL. The majority opin-
monster.
And while we all watch from the sidelines, we can all console ourselves and one another that 449
after all, whether we find ourselves classified-out as BSP rank and filers, or officers and
executives, or employees and members of the judiciary, we are—all of us—in the same boat, for VOL. 446, DECEMBER 15, 2004 449
we have all chosen to be in “public service,” as the term is correctly understood. And what is
public service if it does not entail a certain amount of personal sacrifice on the part of each one of Central Bank Employees Association, Inc. vs. Bangko
us, all for the greater good of our society and country. We each make our respective sacrifices, Sentral ng Pilipinas
sharing in the burden today, in the hope of a better tomorrow for our children and loved ones, and
our society as a whole. It makes us strong. For this we can be thankful as well.
ion seeks to legislate the exemption from SSL by declaring void the proviso in Section 15(c),
WHEREFORE, I vote to DISMISS the Petition. I maintain that the last proviso of the second
Article II of RA 7653 (“proviso”), which states:
paragraph of Section 15(c) of Chapter 1 of Article II of Republic Act No. 7653 is constitutional.
Congress should be given adequate opportunity to enact the appropriate legislation that will A compensation structure, based on job evaluation studies and wage surveys and subject to the Board’s
address the issue raised by petitioner and clear the proviso of approval, shall be instituted as an integral component of the Bangko Sentral’shuman resource development
any possible or perceived infringement of the equal protection clause. At the very least, Congress program: Provided, That the Monetary Board shall make its own system conform as closely as possible with
and herein respondents should be given notice and opportunity to respond to the possible the principles provided for under Republic Act No. 6758. Provided, however, That compensation and
application of the theory of relative constitutionality before it is, if at all, imposed by this Court. wage structure of employees whose positions fall under salary grade 19 and below shall be in
accordance with the rates prescribed under Republic Act No. 6758. (Emphasis supplied)
448
The majority opinion justifies its action by saying that while the proviso was valid when first
enacted, it is now invalid because its continued operation is discriminatory against BSP rank-
and-file employees. All officials and employees of other government financial institutions (“GFIs”) National Treasury at least 50% of their annual net earnings. This remittance forms part of the
like GSIS, LBP, DBP, SSS, SBGFC, HGC and PDIC are now exempt from the SSL. Congress government revenues that fund the annual appropriations act. If the remittances from GFIs
granted the exemptions over the years, for LBP in 1995, SSS in 1997, GSIS in 1997, SBGFC in decrease, the national revenues funding the annual appropriations act correspondingly
1997, DBP in 1998, HGC in 2000, and PDIC in 2004. decrease. This results in widening even more the budget deficit.
Among the GFIs granted exemption from SSL, only PDIC is a regulatory agency. PDIC A bigger budget deficit means there are no revenues to fund salary increases of all government
received its SSL exemption only this year—2004. PDIC is the first regulatory GFI whose rank-and- employees who are paid out of the annual appropriations act. The exemption of GFIs from SSL
file employees are exempt from the SSL. Rank-and-file employees of BSP, a GFI exercising may delay or even prevent a general increase in the salary of all government employees,
regulatory functions, cannot at this time claim any unreasonable or oppressive delay in securing including rank-and-file employees in the judiciary. This Court cannot simply ordain an exemption
legislative exemption from SSL, assuming Congress is disposed to grant an exemption. from SSL without considering serious ramifications on fiscal policies of the government. This is a
At this time, this Court cannot say that the continued validity of the proviso in Section 15(c) of matter better left to the Executive and Legislative Departments. This Court cannot intrude into
RA 7653 is unreasonable and oppressive on BSP rank-and-file employees. This Court cannot say fiscal policies that are the province of the Executive and Legislative Departments.
that Congress gravely abused its jurisdiction in not exempting BSP rank-and-file employees from Indeed, Congress should pass a law rationalizing the exemptions of all government agencies
the SSL at the same time as PDIC. Congress is now considering from the SSL. The piecemeal grant of exemptions is creating distortions in the salary structure of
government employees similarly situated. Such rationalization, however, is not the function of
450
the Court. Even as a practical matter, this Court does not have the necessary data to rationalize
the exemptions of all government agencies from the SSL.
450 SUPREME COURT REPORTS ANNOTATED The power of judicial review of legislative acts presumes that Congress has enacted a law that
may violate the Consti-
Sentral ng Pilipinas _______________
Section 4. Exemptions.—The provisions of the preceding section notwithstanding, government-owned or -controlled corporations created
BSP’s exemption, and this Court cannot imperiously conclude that Congress had more than or organized by law to administer real or personal properties or funds held in trust for the use and the benefit of its members, shall not
be covered by this Act such as, but not limited to: the Government Service Insurance System, the Home Development Mutual Fund, the
enough time to act on BSP’s exemption. Employees’ Compensation Commission, the Overseas Workers Welfare Administration, and the Philippine Medical Care Commission.
Even if Congress does not act on BSP’s exemption for more than one year, it does not follow
that this Court should then exempt BSP rank-and-file employees from the SSL. As the law now 452
stands, PDIC is the only regulatory GFI whose rank-and-file employees are exempt from SSL. All
other GFIs exercising regulatory functions are not exempt from the SSL, including BSP whose
rank-and file employees are subject to the SSL.
The grant of exemption to PDIC is the legislative act that is questionable for being Central Bank Employees Association, Inc. vs. Bangko
discriminatory against all other self-sustaining government agencies exercising regulatory Sentral ng Pilipinas
functions. Such grant to one regulatory agency, without a similar grant to other regulatory
agencies whose incomes exceed their expenses, creates a class of exemption that has dubious
basis. In short, the singular exemption of PDIC from the SSL discriminates against all other self- tution. This Court cannot exercise its power of judicial review before Congress has enacted the
sustaining government agencies that exercise regulatory functions. questioned law. In this case, Congress is still considering the bill exempting BSP rank-and-file
The grant of SSL exemption to GFIs has ramifications on the deepening budget deficit of the employees from the SSL. There is still no opportunity for this Court to exercise its review power
1
government. Under Republic Act No. 7656, all GFIs are required to remit to the because there is nothing to review.
The majority opinion, however, claims that because of the failure of Congress to enact the bill
exempting BSP rank-and-file employees from the SSL, this Court should now annul the proviso
_______________
in Section 15(c) of RA 7653 to totally exempt BSP from the SSL. This is no longer an exercise of
1 Sections 2 and 3 of Republic Act No. 7656 provide: the power of judicial review but an exercise of the power of legislation—a power that this Court
Section 3. Dividends.—All government-owned or -controlled corporations shall declare and remit at least fifty percent (50%) of their
does not possess. The power to exempt a government agency from the SSL is a legislative power,
annual net earnings as cash, stock or property dividends to the National Government. This section shall also apply to those not a judicial power. By annulling a prior valid law that has the effect of exempting BSP from the
government-owned or -controlled corporations whose profit distribution is provided by their respective charters or by special law, but SSL, this Court is exercising a legislative power.
shall exclude those enumerated in Section 4 hereof: Provided, That such dividends accruing to the National Government shall be
received by the National Treasury and recorded as income of the General Fund. The power of judicial review is the power to strike down an unconstitutional act of a
department or agency of government, not the power to initiate or perform an act that is lodged in
451
another department or agency of government. If this Court strikes down the law exempting PDIC
from the SSL because it is discriminatory against other government agencies similarly situated,
VOL. 446, DECEMBER 15, 2004 451 this Court is exercising its judicial review power. The effect is to revert PDIC to its previous
situation of being subject to the SSL, the same situation governing BSP and other agencies
Central Bank Employees Association, Inc. vs. Bangko similarly situated.
However, by annulling the proviso in Section 15(c) of RA 7653, BSP is not reverted to its regulatory functions operate just like commercial financial institutions. However, GFIs that
previous situation but brought to a new situation that BSP cannot attain without a new exercise regulatory functions, like BSP and PDIC, are unlike commercial financial institutions.
legislation. Other government agencies similarly situated as BSP remain in their old situation— BSP and PDIC exercise sovereign functions unlike the other non-regulatory GFIs.
still being subject to the SSL. This is not an annulment of a legislative act but an enactment of Non-regulatory GFIs derive their income solely from commercial transactions. They compete
legislation exempting one agency from the SSL without exempting the remaining agencies head on with private financial institutions. Their operating expenses, including employees’
similarly situated. salaries, come from their own self-generated income from commercial activities. However,
regulatory GFIs like BSP and PDIC derive their income from fees, charges and other impositions
453
that all banks are by law required to pay. Regulatory GFIs have no competitors in the private
sector. Obviously, BSP and PDIC do not belong to the same class of GFIs as LBP, SSS, GSIS,
VOL. 446, DECEMBER 15, 2004 453 SBGFC, DBP and HGC.
Exempting non-regulatory GFIs from the SSL is justified because these GFIs operate just like
Central Bank Employees Association, Inc. vs. Bangko private commercial entities. Their revenues, from which they pay the salaries of their employees,
Sentral ng Pilipinas come solely from commercial operations. None of their revenues comes from mandatory
government exactions. This is not the case of GFIs like BSP and PDIC which impose regulatory
2
The majority opinion cites Rutter v. Esteban as precedent for declaring the proviso in Section fees and charges.
15(c) of RA 7653 unconstitutional. Rutter is not applicable to the present case. In Rutter, the
Conclusion
Court declared on 18 May 1953 that while the Debt Moratorium Law was valid when enacted on
26 July 1948, its “continued operation and enforcement x x x is unreasonable and oppressive, and Under the Constitution, Congress is an independent department that is a co-equal of the
should not be prolonged a minute longer.” With the discontinuance of the effectivity of the Debt Supreme Court. This Court has always accorded Congress the great respect that it deserves
Moratorium Law, the debtors who benefited from the law were returned to their original under the Constitution. The power to legislate belongs to Congress. The power to review enacted
situation prior to the enactment of the law. This meant that the creditors could resume collecting legislation belongs to the Supreme Court. The Supreme Court has no power to declare a pending
from the debtors the debts the payment of which was suspended by the Debt Moratorium bill in Congress as deemed enacted into law. That is not the power to review legislation but the
Law. The creditors and debtors were restored to their original situation before the enactment of the power to usurp a legislative function.
Debt Moratorium Law. No debtor or creditor was placed in a new situation that required the
455
enactment of a new law.
In the present case, declaring the proviso in Section 15(c) of RA 7653 no longer legally
effective does not restore the BSP rank-and-file employees to their original situation,which VOL. 446, DECEMBER 15, 2004 455
subjected them to the SSL. Instead, the discontinuance of the validity of the proviso brings the
BSP rank-and-file employees to a new situation that they are not entitled without the enactment Central Bank Employees Association, Inc. vs. Bangko
of a new law. The effect of the majority decision is to legislate a new law that brings the BSP Sentral ng Pilipinas
rank-and-file employees to a new situation. Clearly, the Rutter doctrine does not apply to the
present case. The majority opinion is leading this Court into usurping the primary jurisdiction of Congress to
enact laws. The majority opinion brings this Court and Congress into a needless clash of powers
Erroneous Classification of BSP as GFI Similar to LBP, DBP and Others
—whether the power of judicial review of legislative acts includes the power to initiate legislative
The majority opinion classifies BSP as a GFI just like GSIS, LBP, DBP, SSS, SBGFC, HGC and acts if this Court becomes impatient with the pace of legislative process. Clearly, this Court does
PDIC. Here lies the basic error of the majority opinion. GSIS, LBP, DBP, SSS, SBGFC and HGC not have the power to legislate. Congress has a right to guard zealously its primary power to
are GFIs but are not regulatory agencies. enact laws as much as this Court has a right to guard zealously its power to review enacted
legislations.
_______________ Accordingly, I vote to dismiss the petition.
2 93 Phil. 68 (1953).
DISSENTING OPINION
454
CARPIO-MORALES, J.:
Central Bank Employees Association, Inc. vs. Bangko Is being an employee of a Government Owned or Controlled Corporation (GOCC) or a
Sentral ng Pilipinas Government Financial Institution (GFI) a reasonable and sufficient basis for exemption from the
compensation and position
1
classification system for all government personnel provided in
Republic Act No. 6758, entitled Compensation and Position Classification Act of 1989, also known
BSP and PDIC are GFIs but are also regulatory agencies just like other governmental regulatory as the Salary Standardization Law?
agencies. The majority opinion is comparing apples with oranges. GFIs that do not exercise
The main opinion, by simultaneously applying two different standards for determining Sentral ng Pilipinas
compliance with the constitutional requirement of equal protection—the “rational basis test” and
the “strict scrutiny test”—under the rubric of “relative constitutionality,” holds that it is. 3
legislation from the coverage of the then Integrated Reorganization Plan of 1972. Part III,
Upon studied reflection, however, I find that such conclusion is contrary to the weight of the
Chapter II, Article II of the latter stated:
applicable legal authorities; involves an evaluation of the wisdom of the law and a pre-emption of
4
the congressional power of appropriation, which are both beyond the scope of judicial review; and Article II—Reexamination of the WAPCO Plans
re-
After thirteen years in operation, the WAPCO Plans have been undermined by the increasing number of
exemptions from its coverage through special legislation. Moreover, through court decisions and the opinions
_______________
of the Secretary of Justice, the so-called proprietary corporations are no longer subject to the Plans. Through
1 Entitled “AN ACT PRESCRIBING A REVISED COMPENSATION AND POSITION CLASSIFICATION SYSTEM IN collective bargaining, employees of government corporations have been able to secure not only higher
THE GOVERNMENT AND FOR OTHER PURPOSES.” salaries but liberal fringe benefits as well. As revealed by the 1970 Presidential Committee to Study
Corporate Salary Scales, the average compensation in some of these corporations, using the average
456 compensation of positions covered by the WAPCO 5 Plans as base (100%), is as follows: DBP - 203%, CB -
196%, GSIS -147%, SSS - 150%, and NWSA - 111%.
456 SUPREME COURT REPORTS ANNOTATED Thus, the stated policy behind the Salary Standardization Law is to provide equal pay for
substantially equal work and-to base differences in pay upon substantive differences in duties
and responsibilities, and qualification requirements of the positions, while giving due regard to,
Sentral ng Pilipinas among others, prevailing rates in the private sector for comparable work:
SECTION 2. Statement of Policy.—It is hereby declared the policy of the State to provide equal pay
sults in increased, rather than reduced, inequality within the government service—creating, as it
for substantially equal work and to base differences in pay upon substantive differences in
does, a preferred subclass of government employees, i.e. employees of GFIs, devoid of either a duties and responsibilities, and qualification requirements of the positions. In determining rates
rational factual basis or a discernable public purpose for such classification. of pay, due regard shall be given to, among others, prevailing rates in the private sector for
Consequently, I am constrained to respectfully register my dissent. comparable work. For this purpose, the Department of Budget and Managements (DBM) is hereby
The relevant antecedents of this case are as follows: directed to establish and administer a unified Compensation and Position
On August 21, 1989, R.A. No. 6758 (the Salary Standardization2 Law), amending Presidential
Decree No. 985 (the Old Salary Standardization Law), was enacted in response to the mandate to _______________
provide for a standardized compensation scale for all government employees, including those 3 J. BERNAS, S.J. THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES: A COMMENTARY 1029 (2003).
employed in GOCCs, under Section 5, Article IX-B, of the Constitution: 4 Wage and Position Classification Office.
5 Id., at pp. 1029-1030.
Sec. 5. The Congress shall provide for the standardization of compensation of government officials and
employees, including those in government-owned or controlled corporations with original charters, taking 458
into account the nature of the responsibilities pertaining to, and the qualifications required for their
positions.
This provision was taken from the 1973 Constitution in order to address the wide disparity of Central Bank Employees Association, Inc. vs. Bangko
compensation between government employees employed in proprietary corporations and those
strictly performing governmental functions, the disparity, having been brought about by the
increasing number of exemptions of proprietary corporations through special
Classification System, hereinafter referred to as the System, as provided for in Presidential Decree No. 985,
as amended, that shall be applied for all government entities, as mandated by the Constitution.
_______________ x x x (Emphasis supplied)
2 The Salary Standardization Law took effect on July 1, 1989 pursuant to Section 23 thereof:
The Salary Standardization Law applies to all positions, whether elective or appointive within
Sec. 23. Effectivity.—This Act shall take effect July 1, 1989. The DBM shall, within sixty (60) days after its approval, allocate all the entire length and breadth of the Civil Service including those in the GOCCs and GFIs:
positions in their appropriate position titles and salary grades and prepare and issue the necessary guidelines to implement the same.
Vide Philippine Ports Authority v. Commission on Audit, 214 SCRA 653, 655 (1992). Sec. 4. Coverage.—The Compensation and Position Classification System herein provided shall
apply to all positions, appointive or elective, on full or part-time basis, now existing or hereafter
457 created in the government,including government-owned or controlled corporations and
government financial institutions.
The term “government” refers to the Executive, the Legislative and the Judicial Branches and the
VOL. 446, DECEMBER 15, 2004 457 Constitutional Commissions and shall include all, but shall not be limited to, departments, bureaus, offices,
boards, commissions, courts, tribunals, councils, authorities, administrations, centers, institutes, state
Central Bank Employees Association, Inc. vs. Bangko colleges and universities, local government units, and the armed forces. The term “government-owned or
controlled corporations and financial institutions” shall include all corporations and financial institutions Sentral ng Pilipinas
owned or controlled by the National Government, whether such corporations and financial institutions
perform governmental or proprietary functions. (Emphasis and italics supplied)
nance and for the interpretation, amendment and alternation of the classes and class specifications to
Nota bene, Section 21 of the Salary Standardization Law provides that “[a]ll provisions of keep pace with the changes in the service and the positions therein.
Presidential Decree No. 985, as amended by Presidential Decree No. 1597, which are not xxx
inconsistent with this Act and are not expressly modified, revoked or repealed in this Act shall q. Reclassification or Reallocation—A change in the classification of a position either as a result of a
continue to be in full force and effect.” Thus, the definition of terms found in Section 3 of P.D. No. change in its duties and responsibilities sufficient to warrant placing the position in a different class,
985 continues to be applicable to the Salary Standardization Law, including: or as result of a reevaluation of a position without a significant change in duties and responsibilities.
r. Salary or Wage Adjustment—A salary or wage increase towards the minimum of the grade, or an
SECTION 3. Definition of Terms.—As used in this Decree, the following shall mean:
increase from a non-prescribed rate to a prescribed rate within the grade.
459 s. Salary or Wage Grade—The numerical place on the salary or Wage Schedule representing multiple
steps or rates which is assigned to a class.
t. Salary or Wage Schedule—A numerical structure in the Compensation System consisting of several
VOL. 446, DECEMBER 15, 2004 459 grades, each grade with multiple steps with a percentage differential throughout the pay table. A
classified position is assigned a corresponding grade in the Schedule.
u. Salary or Wage Step Increment—An increase in salary or wage from one step to another step within
Sentral ng Pilipinas the grade from the minimum to maximum. Also known as within grade increase.
xxx
xxx
At the same time, Section 16 of the Salary Standardization Law expressly repealed all laws,
c. Class (of position)—The basic unit of the Position Classification System. A class consists of all those decrees, executive orders, corporate charters, and other issuances or parts thereof that exempted
positions in the system which are sufficiently similar as to (1) kind or subject matter of work, (2) government agencies, including GOCCs and GFIs from the coverage of the new Compensation
level of difficulty and responsibility, and (3) the qualification requirements of the work, to warrant and Position Classification System:
similar treatment in personnel and pay administration.
d. Class Specification or Standards—A written description of a class of position(s). It distinguishes the Sec. 16. Repeal of Special Salary Laws and Regulations.—All laws, decrees, executive orders, corporate
duties, responsibilities and qualification requirements of positions in a given class from those of charters, and other issuances or parts thereof, that exempt agencies from the coverage of the System, or that
other classes in the Position Classification System. authorize and fix position classification, salaries, pay rates or allowances of specified positions, or groups of
e. Classification—The act of arranging positions according to broad occupational groupings and officials and employees or of agencies, which are inconsistent with the System,
determining differences of classes within each group.
461
xxx
g. Compensation or Pay System—A system for determining rates of pay for positions and employees
based on equitable principles to be applied uniformly to similar cases. It consists, among others, of VOL. 446, DECEMBER 15, 2004 461
the Salary and Wage Schedules for all positions, and the rules and regulations for its administration.
h. Grade—Includes all classes of positions which, although different with respect to kind or subject Central Bank Employees Association, Inc. vs. Bangko
matter of work, are sufficiently equivalent as to level of difficulty and responsibility and level of Sentral ng Pilipinas
qualification requirements of the work to warrant the inclusion of such classes of positions within
one range of basic compensation.
xxx including the proviso under Section 2, and Section 16 of Presidential Decree No. 985 are hereby repealed.
m. Position—A set of duties and responsibilities, assigned or delegated by competent authority and
Thus, all exemptions from the integrated Compensation Classification System granted prior7 to
performed by an individual either on full-time or part-time basis. A position may be filled or vacant. 6
the effectivity of the Salary Standardization Law, including those under Sections 2 and 16 of
n. Position Classification—The grouping of positions into classes on the basis of similarity of kind and
Presidential Decree No. 985 (the Old Salary
level of work, and the determination of the relative worth of those classes of positions.
o. Position Classification System—A system for classifying positions by occupational groups, series and
classes, according to similarities or differences in duties and responsibilities, and qualification _______________
requirements. It consists of (1) classes and class specifications and (2) the rules and regulations for 6 Sec. 2. Declaration of Policy.—It is hereby declared to be the policy of the national government to provide equal pay
its installation and mainte- for substantially equal work and to base differences in pay upon substantive differences in duties and responsibilities, and
qualification requirements of the positions. In determining rates of pay, due regard shall be given to, among others,
460 prevailing rates in private industry for comparable work. For this purpose, there is hereby established a system of
compensation standardization and position classification in the national government for all departments, bureaus,
agencies, and offices including government-owned or controlled corporations and financial institutions: Provided, That
460 SUPREME COURT REPORTS ANNOTATED notwithstanding a standardized salary system established for all employees, additional financial incentives may be
established by government corporation and financial institutions for their employees to be supported fully from their
corporate funds and for such technical positions as may be approved by the President in critical government agencies. SECTION 9. Salary Grade Assignments for Other Positions.—For positions below the Officials mentioned
(Italics supplied) under Section 8 hereof and their equivalent, whether in the National Government, local government units,
7 SECTION 16. Compensation Committees.—Subject to the approval of the President, compensation committees may be
government-owned or controlled corporations or financial institutions, the Department of Budget and
created under the leadership of the Commissioner of the Budget whose purposes shall be to recommend on compensation Management is hereby directed to prepare the Index of Occupational Services to be guided by the
standards, policies, rules and regulations that shall apply to critical government agencies, including those of government-
Benchmark Position Schedule prescribed hereunder and the following factors: (1) the education and
owned or controlled corporations and financial institutions.For purposes of compensation standardization, corporations
may be grouped into financial institutions, industrial, commercial, service or development corporations. The OCPC shall
experience required to perform the duties and responsibilities of the positions; (2) the nature and complexity
provide secretariat assistance to the compensation committees, and shall be responsible for implementing and enforcing of the work to be performed; (3) the kind of supervision received; (4) mental and/or physical strain required
all compensation policies, rules and regulations adopted. Salary expenditures in all agencies of the national government, in the completion of the work; (5) nature and extent of internal and external relationships; (6) kind of
including those of the government-owned or controlled corporations and financial institutions shall conform to policies to supervision exercised; (7) decision-making responsibility; (8) responsibility for accuracy of records and
be laid down by the reports; (9) accountability for funds, properties and equipment; and (10) hardship, hazard and personal risk
involved in the job.
462 xxx
In no case shall the salary of the chairman, president, general manager or administrator, and
the board of directors of government-owned or controlled corporations and financial
462 SUPREME COURT REPORTS ANNOTATED institutions exceed Salary Grade 30:Provided, That the President may, in truly exceptional cases,
approve higher compensation for the aforesaid officials. (Emphasis and italics supplied)
Sentral ng Pilipinas On July 3, 1993, Republic Act No. 7653, The New Central Bank Act, took effect. Section 15 (c)
thereof authorizes the Monetary Board of the Bangko Sentral ng Pilipinas (BSP) to institute a
Standardization Law) as well as under the respective GOCC and GFI charters, were compensation structure based on job evaluation studies and wage surveys as an integral
8 9
repealed, subject to the non-diminution provision of Section 12. As a result, the general rule is component of the BSP’s human resource development program, thereby implicitly providing for a
that all government employees, including employees of GOCCs and GFIs, are covered by the wider scope of exemption from the Compensation Classification System than that found in the
Compensation Classification System provided for by the Salary Standardization Law. last paragraph of Section 9 of the Salary Standardization Law, to wit:
Nonetheless, Congress acknowledged the need of GOCCs and GFIs performing proprietary 464
functions to maintain competitive salaries comparable to the private sector with respect to key
top-level positions in order not to lose these personnel to the private sector. Thus, Section 9 of the
Salary Standardization Law empowers the President, in truly exceptional cases, to approve 464 SUPREME COURT REPORTS ANNOTATED
higher compensation, exceeding Salary Grade 30, to the chairman, president, general manager,
and the board of
_______________
SEC. 15. Exercise of Authority.—In the exercise of its authority, the Monetary Board shall;
Budget Commission in consultation with the heads of the agencies and corporations concerned and which policies, upon xxx
prior approval by the President, shall be monitored and implemented through its Office of Compensation and Position (c) establish a human resource management system which shall govern the selection, hiring,
Classification. (Italics supplied) appointment, transfer, promotion, or dismissal of all personnel. Such system shall aim to establish
8 Vide Philippine Ports Authority v. Commission on Audit, supra at p. 662; Philippine International Trading Corp. v.
professionalism and excellence at all levels of the Bangko Sentral in accordance with sound principles of
Commission on Audit, 309 SCRA 177, 190-192 (1999); Social Security System v. Commission on Audit, 384 SCRA 548, management.
555-559 (2002). A compensation structure, based on job evaluation studies and wage surveys and subject to
9 SECTION 12. Consolidation of Allowances and Compensation.—All allowances, except for representation and
the Board’s approval, shall be instituted as an integral component of the Bangko Sentral’s
transportation allowances; clothing and laundry allowances; subsistence allowance of marine officers and crew on board
human resource development program: Provided, That the Monetary Board shall make its own system
government vessels and hospital personnel; hazard pay; allowances of foreign service personnel stationed abroad; and
such other additional compensation not otherwise specified herein as may be determined by the DBM, shall be deemed
conform as closely as possible with the principles provided for under Republic Act No. 6758. Provided,
included in the standardized salary rates herein prescribed. Such other additional compensation, whether in cash however, That compensation and wage structure of employees whose positions fall under salary
or in kind, being received by incumbents only as of July 1, 1989 not integrated into the standardized salary grade 19 and below shall be in accordance with the rates prescribed under Republic Act No.
rates shall continue to be authorized. 6758. (Emphasis supplied; italics in the original)
x x x (Emphasis supplied)
However, the last proviso of Section 15 (c) expressly provides that the compensation and wage
463 structure of employees whose positions fall under Salary Grade (SG) 19 and below shall, like all
other government employees, be in accordance with the rates prescribed under the Salary
VOL. 446, DECEMBER 15, 2004 463 Standardization Law.
Thus, on account of the above-quoted provision, BSP rank and file employees with (SG) 19 and
Central Bank Employees Association, Inc. vs. Bangko below, like their counterparts in the other branches of the civil service, are paid in accordance
Sentral ng Pilipinas with the rates prescribed in the New Salary Scale under the Salary Standardization Law, while
officers with SG 20 and above are exempt from the coverage of said law, they being paid pursuant
directors of government-owned or controlled corporations and financial institutions:
10
10
to the New Salary Scale containing Salary Grades A to J issued by the Monetary Board which Petitioner further submits that the personnel of the Government Service Insurance System
took effect on January 1, 2000. (GSIS), Land Bank of the Philippines (LBP), Development Bank of the Philippines (DBP) and the
Social Security System (SSS) are all exempted from the coverage of the Salary Standardization
_______________ Law. Thus, within the class of rank and file personnel of
14
government financial institutions, the
BSP rank and file personnel are also discriminated upon.
10 Rollo at p. 6.
z The Case for Respondent Executive Secretary
465 On the other hand, respondent Executive Secretary, through the Solicitor General, contends that
the assailed proviso does not violate the equal protection clause. He submits that the
VOL. 446, DECEMBER 15, 2004 465 classification of BSP employees relative to compensation, structure is based on actual and
15
real
differentiation between employees exercising managerial functions and the rank and file, even
Central Bank Employees Association, Inc. vs. Bangko as it strictly adheres to the enunciated policy in The New Central Bank Act to establish
Sentral ng Pilipinas professionalism and 16excellence within the BSP subject to prevailing laws and policies of the
national government.
In addition, he notes that Article II, Section 15 (c) serves as an exemption to the Salary
The Case for the Petitioner Standardization Law which, for all intents and purposes is a general law applicable to all
government employees. As such, 17the provision exempting certain BSP employees from its
The Central Bank (now Bangko Sentral ng Pilipinas) Employees Association, Inc., via the instant coverage must be strictly construed.
petition for prohibition filed on June 8, 2001, seeks to prohibit herein respondents BSP and the
Executive Secretary of the Office of the President from further implementing the last proviso of _______________
Chapter I, Article II, Section 15 (c) of The New Central 11
Bank Act, which it assails as
13 Id., at
unconstitutional for violating the equal protection clause, hence, null and void. p. 7.
14 Id., at pp. 12-13.
It is petitioner’s allegation that the application of the Compensation Classification System 15 Id., at p. 83.
under the Salary Standardization Law to the rank and file employees, but not the BSP’s officers, 16 Id., at pp. 79-80.
would violate the equal protection clause as the former are placed in a less favorable position 17 Id., at p. 84.
compared to the latter.

Petitioner asserts that the classification of BSP employees into two classes based solely on the 467
SG of their positions is not based on substantial distinctions which make real differences. For, so
petitioner contends, all BSP personnel are similarly situated since, regardless of the salary grade, VOL. 446, DECEMBER 15, 2004 467
they are appointed by the Monetary Board and required to possess civil service eligibilities,
observe the same office rules and regulations, and work at the same national or regional offices, Central Bank Employees Association, Inc. vs. Bangko
and, even if their individual duties differ, 12directly or indirectly their work would still pertain to Sentral ng Pilipinas
the operation and functions of the BSP. More specifically, it argues that there is “nothing
between SGs 19 and 20 that should warrant the
The Case for Respondent Bangko Sentral
_______________
Likewise advancing the view that the assailed proviso is constitutional, respondent BSP argues
11 CONST., Art. III, see. 1, viz.: that Congress, in passing the New Central Bank Act, has in fact determined that there are
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the substantial reasons for classifying BSP employees into those covered 18 by the Salary
equal protection of the laws. (Emphasis supplied) Standardization Law and those not covered by the Salary Standardization Law.
12 Rollo at pp. 6-7. However, BSP additionally claims that while the assailed proviso is constitutional, the19 manner
by which it is implemented may give rise to the question of constitutional infirmity. It thus
466 proffers that the assailed provision should be interpreted together with the other provisions of
The New Central Bank Act, such as that vesting it with “fiscal and administrative autonomy”
and that directing the Monetary Board to “establish20professionalism and excellence in all levels in
accordance with sound principles of management.” It concludes that the assailed provision does
Central Bank Employees Association, Inc. vs. Bangko not adopt provisions of the Salary Standardization Law in their entirety, but refers only to
Sentral ng Pilipinas the basic pay of the employees21and does not cover other benefits which it (the BSP) may deem
necessary to grant its employees.
Admittedly, the BSP Monetary Board has endeavored to grant additional allowances to the
parting of the
13
BSP ‘Red Sea’ of civil servants into two distinct camps of the privileged and the less “rank and file” so that they may be given substantially similar benefits being enjoyed by the
privileged.”
officers. The Commission on Audit (COA), however, disallowed these additional allowances on the Central Bank Employees Association, Inc. vs. Bangko
ground that the grant of the22 same violates the provisions of the Salary Standardization Law and Sentral ng Pilipinas
The New Central Bank Act.
the courts analyze challenges to the constitutionality of statutes as well as the standards by
_______________
which compliance with the equal protection clause may be determined.
18 Id., at p. 65.
19 Id., at p. 63. Presumption of Constitutionality
20 Ibid.
21 Id., at p. 69.
It is a basic axiom of constitutional law that all presumptions are indulged in favor of
22 Id., at pp. 69-70. constitutionality and a liberal interpretation of the constitution in favor of the constitutionality of
legislation should be adopted. Thus, if any reasonable basis may be conceived which supports the
468 statute, the same should be upheld. Consequently, the burden is squarely on the shoulders of the
one alleging unconstitutionality to prove invalidity 23
beyond a reasonable doubt24by negating all
468 SUPREME COURT REPORTS ANNOTATED possible bases for the constitutionality of a statute. Verily, to doubt is to sustain.
The rationale for this presumption in favor of constitutionality and the corresponding restraint
Central Bank Employees Association, Inc. vs. Bangko on the25
part of the judicial branch was expounded upon by Justice Laurel in the case of People v.
Sentral ng Pilipinas Vera, viz.:
This court is not unmindful of the fundamental criteria in cases of this nature that all reasonable doubts
should be resolved in favor of the constitutionality of a statute. An act of the legislature approved by
Issues for Resolution the executive, is presumed to be within constitutional limitations. The responsibility of upholding
the Constitution rests not on the courts alone but on the legislature as well. “The question of the validity of
In essence, petitioner asserts that its members are similarly situated to both the executive/officer
every statute is first determined by the legislative department of the government itself.” (U.S. vs. Ten
corps of the BSP and the rank and file employees of the LBP, DBP, SSS and GSIS such that the Yu [1912], 24 Phil. 1, 10; Case vs. Board of Health and Heiser [1913], 24 Phil. 250, 276; U.S. vs.
operation of the equal protection guaranty in either case would entitle them to be placed under a Joson [1913], 26 Phil. 1.) And a statute finally comes before the courts sustained by the sanction of the
compensation and position classification system outside of that mandated by the Salary execu-
Standardization Law.
Clearly, the resolution of the instant petition hinges on a determination of whether the right of _______________
petitioner’s members to the equal protection of the laws has been violated by (a) the classification 23 Victoriano v. Elizalde Rope Workers’ Union, 59 SCRA 54, 66 (1974).
in The New Central Bank Act between the executive personnel (those with SG 20 and above), 24 Philippine Judges Association v. Prado, 227 SCRA 703, 706 (1993); Basco v. Phil. Amusements and Gaming Corp., 191 SCRA 57,
68-69 (1991).
who are exempt from the Compensation Classification System mandated under the Salary 25 65 Phil. 56 (1937).
Standardization Law, and the rank and file employees (those with SG 19 and below) who are
covered by the latter; and/or (b) the disparity in treatment between the rank and file employees of 470
the BSP and the rank and file employees of the LBP, DBP, SSS and GSIS, who were
subsequently exempted from said Compensation Classification System by their amended
charters. 470 SUPREME COURT REPORTS ANNOTATED
Put differently, the instant Petition presents two principal issues for resolution: (1) whether Central Bank Employees Association, Inc. vs. Bangko
the distinction between managerial and rank and file employees in The New Central Bank Act Sentral ng Pilipinas
partakes of an invidious discrimination proscribed by the equal protection clause; and (2)
whether, by operation of the equal protection clause, the rank and file employees of the BSP are
tive. The members of the Legislature and the Chief Executive have taken an oath to support the
entitled to exemption from the Compensation Classification System mandated under the Salary
Constitution and it must be presumed that they have been true to this oath and that in enacting
Standardization Law as a consequence of the exemption of the rank and file employees of the and sanctioning a particular law they did not intend to violate the Constitution. The courts
LBP, DBP, SSS and GSIS. cannot but cautiously exercise its power to overturn the solemn declarations of two of the three
grand departments of the government. (6 R. C. L., p. 101.) Then, there is that peculiar
Standards for Equal Protection Analysis political philosophy which bids the judiciary to reflect the wisdom of the people as expressed
Before proceeding to resolve these issues, it may serve the ends of clarity to first review the basic through an elective Legislature and an elective Chief Executive. It follows, therefore, that
the courts will not set aside a law as violative of the Constitution except in a clear case. This is a
framework by which 26
proposition too plain to require a citation of authorities. (Emphasis and italics supplied)
469 27
Indeed, it has been observed that classification is the essence of legislation. On this point, the
observation of the United
28
States Supreme Court in the recent case of Personnel Administrator of
VOL. 446, DECEMBER 15, 2004 469 Massachusetts v. Feeney is illuminating:
The equal protection guarantee of the Fourteenth Amendment does not take from the States all power of 472 SUPREME COURT REPORTS ANNOTATED
classification. Most laws classify, and many affect certain groups unevenly, even though the law
itself treats them no differently from all other members of the class described by the law. When Central Bank Employees Association, Inc. vs. Bangko
the basic classification is rationally based, uneven effects upon particular groups within a class are Sentral ng Pilipinas
ordinarily of no constitutional concern. The calculus of effects, the manner in which a particular law
reverberates in a society is a legislative and not a judicial responsibility. In assessing an equal
protection challenge, a court is called upon only to measure the basic validity of the legislative The presumption of constitutionality notwithstanding, the courts are nevertheless duty bound to
classification. When some other independent right is not at stake and when there is no “reason to strike down any statute which transcends the bounds of the Constitution including any
infer antipathy,” it is presumed that “even improvident decisions will eventually classification which is proven to be unreasonable, arbitrary, capricious or oppressive.
The question that arises then is by what standard(s) should the reasonableness, and therefore
_______________ the validity, of a legislative classification be measured?
26 Id., at p. 95; vide Angara v. Electoral Commission, 63 Phil. 139, 159 (1936).
27 Vide Sison v. Ancheta, 130 SCRA 654, 662-663 (1984); Tolentino v. Secretary of Finance, 249 SCRA 628, 663-664 (1995). The Rational Basis Test
28 442 U.S. 256 (1979).
It may be observed that, in the Philippines, the traditional and oft-applied standard is the so-
471 called “rational basis test,” the requisites of which were first summarized by Justice (later Chief
33
Justice) Moran in the case of People v. Cayat, to wit:
VOL. 446, DECEMBER 15, 2004 471 It is an established principle of constitutional law that the guaranty of the equal protection of the laws is not
violated by a legislation based on reasonable classification. And the classification, to be reasonable, (1)
must rest on substantial distinctions; (2) must be germane to the purposes of the law; (3) must
Sentral ng Pilipinas not be34 limited to existing conditions only; and (4) must apply equally to all members of the same
class. (Emphasis supplied; citations omitted)
29
be rectified by the democratic process . . .” (Emphasis supplied; citations omitted)
To the foregoing may 35
be added the following observations of the Court in Philippine Judges
Hence, in enacting laws, the legislature is accorded the widest scope of discretion within the Association v. Prado, to wit:
bounds of the Constitution; and the courts, in exercising their power of judicial review, do not
The equal protection of the laws is embraced in the concept of due process, as every unfair discrimination
inquire into the wisdom of the law. On this point, this Court in Ichong, etc., et al. v. Hernandez,
30 offends the requirements of justice and fair play. It has nonetheless been embodied in a separate clause in
etc., and Sarmiento, stated: Article III Sec. 1, of the Constitution to provide for a more specific guaranty against any form of undue
favoritism or
e. Legislative discretion not subject to judicial review.—
Now, in this matter of equitable balancing, what is the proper place and role of the courts? It must not be
overlooked, in the first place, that the legislature, which is the constitutional repository of police _______________
power and exercises the prerogative of determining the policy of the State, is by force of 33 68 Phil. 12 (1939).
circumstances primarily the judge of necessity, adequacy or reasonableness and wisdom, of any 34 Id., at p. 18.
35 Supra.
law promulgated in the exercise of the police power, or of the measures adopted to implement
the public policy or to achieve public interest. On the other hand, courts, although zealous 473
guardians of individual liberty and right, have nevertheless evinced a reluctance to interfere
with the exercise of the legislative prerogative. They have done so early where there has been a
clear, patent or palpable arbitrary and unreasonable abuse of the legislative prerogative. VOL. 446, DECEMBER 15, 2004 473
Moreover, courts are not 31
supposed to override legitimate policy, and courts never inquire into
the wisdom of the law. (Emphasis supplied) Central Bank Employees Association, Inc. vs. Bangko
Only by faithful adherence to this principle of judicial review is it possible 32
to preserve to the
legislature its prerogatives under the Constitution and its ability to function.
hostility from the government. Arbitrariness in general may be challenged on the basis of the due process
clause. 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.
29 Id., atpp. 271-272. According to a long line of decisions, equal protection simply requires that all persons or things
30 101 Phil. 1155 (1957). similarly situated should be treated alike, both as to rights conferred and responsibilities
31 Id., at1165-1166. imposed. Similar subjects, in other words, should not be treated differently, so as to give undue
32 Vide Carmichael v. Southern Coal & Coke, 301 U.S. 495, 510 (1937); Lehnhausen v. Lake Shore Auto Parts Co., 410 favor to some and unjustly discriminate against others.
U.S. 356, 365 (1973). The equal protection clause does not require the universal application of the laws on all
persons or things without distinction. This might in fact sometimes result in unequal
472 protection, as where, for example, a law prohibiting mature books to all persons, regardless of age, would
benefit the morals of the youth but violate the liberty of adults. What the clause requires is equality
among equals as determined according to a valid classification. By classification is meant the
grouping of persons or things similar
36
to each other in certain particulars and different from all VOL. 446, DECEMBER 15, 2004 475
others in these same particulars. (Emphasis supplied; footnotes omitted)
The Rational Basis Test has been described as adopting a “deferential” attitude towards Sentral ng Pilipinas
legislative classifications. As previously discussed, this “deference” comes from the recognition
that classification is often an unavoidable element of the task of legislation which, under the
arise with respect to those who, for one reason or another, simply quit their jobs. As we have stated in a
separation of powers embodied in our Constitution, is primarily the prerogative of Congress. related context, even if the statute “provides only ‘rough justice,’ its treatment ... is far from
Indeed, in the United States, from where the equal protection provision of our Constitution irrational.” Congress need not draw a statutory classification to the satisfaction of the most
has its roots, the Rational Basis Test remains a primary standard for evaluating the sharp-eyed observers in order to meet the limitations that the Constitution imposes in this
constitutionality of a statute. setting. And we are not authorized to ignore Congress’ considered efforts to avoid favoritism in
Thus, in Lying v. International Union, United Automobile, Aerospace and Agricultural labor disputes, which are evidenced also by the two significant provisos contained in the
Implement Workers of America, statute. The first proviso preserves eligibility for the program of any household that was eligible to receive
stamps “immediately prior to such strike.” The second proviso makes clear that the statutory ineligibility for
food stamps does not apply “to any household that does not contain a member on strike, if any of its
_______________ members refuses to accept employment at a plant or site because of a strike or lockout.” In light of all this,
36 Id., at pp. 711-712. the statute
38
is rationally related to the stated objective of maintaining neutrality in private labor
disputes. (Emphasis and italics supplied; citations and footnotes omitted)
474
More recently, the American Court summarized the principles behind the application of the
Rational Basis Test 39in its jurisdiction in Federal Communications Commission v. Beach
474 SUPREME COURT REPORTS ANNOTATED Communications, Inc., as follows:
Central Bank Employees Association, Inc. vs. Bangko Whether embodied in the Fourteenth Amendment or inferred from the Fifth, equal protection is not a
Sentral ng Pilipinas license for courts to judge the wisdom, fairness, or logic of legislative choices. In areas of social
and economic policy, a statutory classification that neither proceeds along suspect lines nor
37 infringes fundamental constitutional rights must be upheld against equal protection challenge if
UAW, where a statute providing that no household may become eligible to participate in the there is any reasonably conceivable state of facts that could provide a rational basis for the
food stamp program while any of its members are on strike, or receive an increase in the classification. See Sullivan v. Stroop, 496 U.S. 478, 485, 110 S.Ct. 2499, 2504, 110 L.Ed.2d
allotment of food stamps already being received because the income of the striking member has 438 (1990); Bowen v. Gilliard, 483 U.S. 587, 600-603, 107 S.Ct. 3008, 3016-3018, 97 L.Ed.2d
decreased, the U.S. Supreme Court held: 485 (1987); United States Railroad Retirement Bd. v. Fritz, 449 U.S. 166, 174-179, 101 S.Ct. 453, 459-
462, 66 L.Ed.2d 368 (1980); Dandridge v. Williams,
Because the statute challenged here has no substantial impact on any fundamental interest and
does not “affect with particularity any protected class,” we confine our consideration to whether _______________
the statutory classification is “rationally related to a legitimate governmental interest.”We
38 Id., at pp. 370-373.
have stressed that this standard of review is typically quite deferential; legislative classifications 39 508 U.S. 307 (1993).
are “presumed to be valid,” largely for the reason that “the drawing of lines that
create distinctions is peculiarly a legislative task and unavoidable one.” 476
xxx
We have little trouble in concluding that § 109 is rationally related to the legitimate governmental
objective of avoiding undue favoritism to one side or the other in private labor disputes. The Senate Report 476 SUPREME COURT REPORTS ANNOTATED
declared: “Public policy demands an end to the food stamp subsidization of all strikers who become eligible
for the program solely through the temporary loss of income during a strike. Union strike funds should be Central Bank Employees Association, Inc. vs. Bangko
responsible for providing support and benefits to strikers during labor-management disputes.” It was not Sentral ng Pilipinas
part of the purposes of the Food Stamp Act to establish a program that would serve as a weapon in labor
disputes; the Act was passed to alleviate hunger and malnutrition and to strengthen the agricultural
economy. The Senate Report stated that “allowing strikers to be eligible for food stamps has damaged the 397 U.S. 471, 484-485, 90 S.Ct. 1153, 1161, 25 L.Ed.2d 491(1970). Where there are “plausible reasons”
program’s public integrity” and thus endangers these other goals served by the program. Congress acted in for Congress’ action, “our inquiry is at an end.” United States Railroad Retirement Bd. v. Fritz, supra,
response to these problems. 449 U.S., at 179, 101 S.Ct, at 461. This standard of review is a paradigm of judicial restraint. “The
xxx Constitution presumes that, absent some reason to infer antipathy, even improvident decisions
It is true that in terms of the scope and extent of their ineligibility for food stamps, § 109 is harder on will eventually be rectified by the democratic process and that judicial intervention is
strikers than on “voluntary quitters.” But the concern about neutrality in labor disputes does not generally unwarranted no matter how unwisely we may think a political branch has acted.” Vance
v. Bradley, 440 U.S. 93, 97, 99 S.Ct. 939, 942-943, 59 L.Ed.2d 171(1979).
On rational-basis review, a classification in a statute such as the Cable Act comes to us bearing a
_______________
strong presumption of validity, see Lyng v. Automobile Workers, 485 U.S. 360, 370, 108 S.Ct. 1184,
37 485 U.S. 360 (1988). 1192, 99 L.Ed.2d 380 (1988), and those attacking the rationality of the legislative classification
have the burden “to negative every conceivable basis which might support it.” Lehnhausen v. Lake
475 Shore Auto Parts Co., 410 U.S. 356, 364, 93 S.Ct. 1001, 1006, 35 L.Ed.2d 351 (1973)(internal quotation
marks omitted). See also Hodel v. Indiana, 452 U.S. 314, 331-332, 101 S.Ct. 2376, 2387, 69 L.Ed.2d
40(1981). Moreover, because we never require a legislature to articulate its reasons for enacting a statute, it
is entirely irrelevant for constitutional purposes whether the conceived reason for the challenged distinction
Deferential or not, in the Philippines, the Rational Basis Test has proven to be an effective tool
actually motivated the legislature. United States Railroad Retirement Bd. v. Fritz, supra, 449 U.S., at 179, for curbing invidious discrimination.
41
101 S.Ct., at 461. See Flemming v. Nestor, 363 U.S. 603, 612, 80 S.Ct. 1367, 1373, 4 L.Ed.2d Thus, in People v. Vera, this Court held as unconstitutional Section 11 of Act No. 4221, which
1435 (1960). Thus, the absence of “ ‘legislative facts’ ” explaining the distinction “[o]n the record,” 294 provided that the Probation Law “shall apply only in those provinces in which the respective
U.S.App.D.C, at 389, 959 F.2d, at 987, has no significance in rational-basis analysis. See Nordlinger v. provincial boards have provided for 42the salary of a probation officer at rates not lower than those
Hahn, 505 U.S. 1, 15, 112 S.Ct. 2326, 2334, 120 L.Ed.2d 1 (1992). In other words, a legislative choice is not now provided for provincial fiscals.” The Court held that the challenged provision was an undue
subject to courtroom fact-finding and may be based on rational speculation unsupported by evidence or delegation of legislative power since it left the operation or non-operation of the law entirely up to
empirical data. See Vance v. Bradley, supra, 440 U.S., at 111, 99 S.Ct., at 949, See also Minnesota v. Clover the absolute and unlimited (and therefore completely arbitrary) discretion of the provincial
Leaf Creamery Co., 449 U.S. 456, 464, 101 S.Ct. 715, 723, 66 L.Ed.2d 659 (1981). “ ‘Only by faithful 43
boards. The Court went on to demonstrate that this unwarranted delegation of legislative power
adherence to this guiding principle of judicial review of legislation is it possible to preserve to 44
the legislative branch its rightful independence and its ability to function.’ ” Lehnhausen, supra, created “a situation in which discrimination and inequality [were] permitted or allowed” since “a
410 U.S., at 365, 93 S.Ct., at 1006 (quoting person otherwise coming within the purview of the law would be liable to enjoy the benefits of
probation in one province while45
another person similarly situated in another province would be
477 denied those same benefits,” despite the absence of substantial differences germane to the
purpose of the law. For this reason the questioned provision
46
was also held unconstitutional and
void for being repugnant to the equal protection clause.
VOL. 446, DECEMBER 15, 2004 477 47
In Viray v. City of Caloocan, the Court invalidated on equal protection grounds, among
Central Bank Employees Association, Inc. vs. Bangko others, an Ordinance providing for the collection of “entrance fees” for cadavers coming from
Sentral ng Pilipinas outside Caloocan City for burial in private cemeteries within the city. The city government had
sought to justify the
Carmichael v. Southern Coal & Coke Co., 301 U.S. 495, 510, 57 S.Ct. 868, 872, 81 L.Ed. 1245 (1937).
These restraints on judicial review have added force“where the legislature must necessarily _______________
engage in a process of line-drawing.” United States Railroad Retirement Bd. v. Fritz, 449 U.S., at 179, 41 Supra.
101 S.Ct, at 461. Defining the class of persons subject to a regulatory requirement—much like 42 Id., at p. 115.
classifying governmental beneficiaries—“inevitably requires that some persons who have an 43 Id., at p. 120.
almost equally strong claim to favored treatment be placed on different sides of the line, 44 Id., at p. 127.
and the fact [that] the line might have been drawn differently at some points is a matter for 45 Id., at p. 126.
legislative, rather than judicial, consideration.” Ibid.(internal quotation marks and citation omitted). 46 Id., at p. 129.
The distinction at issue here represents such a line: By excluding from the definition of “cable system” those 47 20 SCRA 791 (1967).
facilities that serve commonly owned or managed buildings without using public rights-of-way, § 602(7)(B)
delineates the bounds of the regulatory field. Such scope-of-coverage provisions are unavoidable components 479
of most economic or social legislation. In establishing the franchise requirement, Congress had to draw the
line somewhere; it had to choose which facilities to franchise. This necessity renders the precise
coordinates of the resulting legislative judgment virtually unreviewable, since the legislature VOL. 446, DECEMBER 15, 2004 479
must be allowed leeway to approach a perceived problem incrementally. See, e.g., Williamson v. Lee
Optical of Okla., Inc., 348 U.S. 483, 75 S.Ct. 461, 99 L.Ed. 563 (1955): Central Bank Employees Association, Inc. vs. Bangko
“The problem of legislative classification is a perennial one, admitting of no doctrinaire definition. Evils in
the same field may be of different dimensions and proportions, requiring different remedies. Or so the
legislature may think. Or the reform may take one step at a time, addressing itself to the phase of the fees as an exercise of police power claiming that policemen using the city’s motorcycles or cars
problem which seems most acute to the legislative mind. The legislature may select one phase of one field had to be assigned
48
to escort funeral processions and reroute traffic to minimize public
and apply a remedy there, neglecting the others.
40
The prohibition of the Equal Protection Clause goes no inconvenience. This Court, through Justice J.B.L. Reyes held that:
further than the invidious discrimination.” (Emphasis and italics supplied; footnotes omitted)
While undeniably the above-described activity of city officers is called for by every funeral procession, yet we
_______________ are left without explanation why the Ordinance should collect the prescribed fees solely in the case of
cadavers coming from places outside the territory of Caloocan City for burial in private cemeteries within
40 Id., at pp. 313-316. the City. Surely, whether the corpse comes from without or within the City limits, and whether interment is
to be made in private or public cemeteries, the City police must regulate traffic, and must use their City cars
478
or motorcycles to maintain order; and the City streets must suffer some degree of erosion. Clearly, then, the
ordinance in question does unjustifiably discriminate against private cemeteries, in violation of the equal
protection49 clause of the Constitution, a defect adequate to invalidate the questioned portion of the
measure. (Italics in the original)
50
50
In Philippine
51
Judges Association v. Prado, this Court 52ruled that Section 35 of R.A. No. Central Bank Employees Association, Inc. vs. Bangko
7354, withdrawing the franking privileges of the Judiciary but retaining the same Sentral ng Pilipinas
_______________ Supreme Court should be similarly treated as that Committee. And while we may concede the need of the
48 Id., at National Census and Statistics Office for the franking privilege, we are intrigued that a similar if not
p. 796.
49 Id., at pp. 796-797. greater need is not recognized in the courts of justice.
50 Supra. xxx
51 “AN ACT CREATING THE PHILIPPINE POSTAL CORPORATION, DEFINING ITS POWER, FUNCTIONS AND We are unable to agree with the respondents that Section 35 of R.A. No. 7354 represents a valid exercise
RESPONSIBILITIES, PROVIDING FOR REGULATION OF THE INDUSTRY AND FOR OTHER PURPOSES of discretion by the Legislature under the police power. On the contrary, we find its repealing clause to be a
CONNECTED THEREWITH.” discriminatory provision that denies the Judiciary the equal protection of the laws guaranteed for all
52 Id., at p. 711; the privilege was also withdrawn from the Office of Adult Education; the Institute of National persons or things similarly situated. The distinction made by the law is superficial. It is not based on
Language; the Telecommunications Office; the Philippine Deposit Insurance Corporation; the National Historical substantial distinctions that make real differences between the Judiciary and the grantees of the franking
Commission; the Armed Forces of the Philippines; the Armed Forces of the Philippines Ladies Steering Committee; the privilege.
City and Provincial Prosecutors; the Tanodbayan (Office of Special Prosecutor); the Kabataang Barangay; the Com- This is not a question of wisdom or power into which the Judiciary
55
may not intrude. It is a matter of
arbitrariness that this Court has the duty and power to correct.
480
56
More recently, in Government Service Insurance
57
System v. Montesclaros, this Court ruled that
480 SUPREME COURT REPORTS ANNOTATED the proviso in Section 18 of P.D. No. 1146, which prohibited a dependent spouse from receiving
survivorship pension if such dependent spouse married the pensioner within three years before
Central Bank Employees Association, Inc. vs. Bangko the pensioner qualified for the pension, was unconstitutional for, among others, violating the
Sentral ng Pilipinas equal protection clause. Said the Court:
The surviving spouse of a government employee is entitled to receive survivor’s benefits under a pension
for the President,
53
the Vice-President, Senators and Members of the House of Representatives, system. However, statutes sometimes require that the spouse should have married the employee for a
and others, violated the equal protection clause. In analyzing the questioned legislative certain period before the employee’s death to prevent sham marriages contracted for monetary gain. One
classification, the Court concluded that the only reasonable criteria for classification vis-à-visthe example is the Illinois Pension Code which restricts survivor’s annuity benefits to a surviving spouse who
grant of the franking privilege was “the perceived needof the grantee for the accommodation, was married to a state employee for at least one year before the employee’s death. The Illinois pension
system classifies spouses into those married less than one year before a member’s death and those married
which would justify a waiver of substantial revenue by the Corporation in the interest of
54 one year or more. The classifica-
providing for a smoother flow of communication between the government and the people.” The
Court then went on to state that: _______________
Assuming that basis, we cannot understand why, of all the departments of the government, it is the 55 Id., at pp. 713-715.
56 G.R. No. 146494, July 14, 2004, 434 SCRA 441.
Judiciary that has been denied the franking privilege. There is no question that if there is any major branch 57 The Revised Government Service Insurance Act of 1977.
of the government that needs the privilege, it is the Judicial Department, as the respondents themselves
point out. Curiously, the respondents would justify the distinction on the basis precisely of this need and, on 482
this basis, deny the Judiciary the franking privilege while extending it to others less deserving.
xxx
In lumping the Judiciary with the other offices from which the franking privilege has been withdrawn, 482 SUPREME COURT REPORTS ANNOTATED
Section 35 has placed the courts of justice in a category to which it does not belong. If it recognizes the need
of the President of the Philippines and the members of Congress for the franking privilege, there is no Central Bank Employees Association, Inc. vs. Bangko
reason why it should not recognize a similar and in fact greater need on the part of the Judiciary for such Sentral ng Pilipinas
privilege. While we may appreciate the withdrawal of the franking privilege from the Armed Forces of the
Philippines Ladies Steering Committee, we fail to understand why the
tion seeks to prevent conscious adverse risk selection of deathbed marriages where a terminally ill member
_______________
of the pension system marries another so that person becomes eligible for benefits. In Sneddon v. The State
Employee’s Retirement System of Illinois,the Appellate Court of Illinois held that such classification was
mission on the Filipino Language; the Provincial and City Assessors; and the National Council for the Welfare of Disabled Persons. based on difference in situation and circumstance, bore a rational relation to the purpose of the statute, and
53 Ibid. The franking privilege was also retained for the Commission on Elections; former Presidents of the Philippines; widows of
former Presidents of the Philippines; the National Census and Statistics Office; and the general public in the filing of complaints
was therefore not in violation of constitutional guarantees of due process and equal protection.
against public offices or officers violated the guaranty of equal protection. A statute based on reasonable classification does not violate the constitutional guaranty of the equal
54 Id., at p. 713. protection of the law. The requirements for a valid and reasonable classification are: (1) it must rest on
substantial distinctions; (2) it must be germane to the purpose of the law; (3) it must not be limited to
481 existing conditions only; and (4) it must apply equally to all members of the same class. Thus, the law may
treat and regulate one class differently from another class provided there are real and substantial
differences to distinguish one class from another.
VOL. 446, DECEMBER 15, 2004 481 The proviso in question does not satisfy these requirements. The proviso discriminates against the
dependent spouse who contracts marriage to the pensioner within three years before the pensioner qualified
60
for the pension. Under the proviso, even if the dependent spouse married the pensioner more than three And, in Romer v. Evans, the U.S. Supreme Court invalidated Amendment 2 of the Colorado
years before the pensioner’s death, the dependent spouse would still not receive survivorship pension if the State Constitution which precluded all legislative, executive, or judicial action at any level of
marriage took place within three years before the pensioner qualified for pension. The object of the state or local government designed to protect 61the status of persons based on their homosexual
prohibition is vague. There is no reasonable connection between the means employed and the purpose
orientation, conduct, practices or relationships.
intended. The law itself does not provide any reason or purpose for such a prohibition. If the purpose of the
proviso is to prevent “deathbed marriages” then we do not see why the proviso reckons the three-year
prohibition from the date the pensioner qualified for pension and not from the date the pensioner died. The _______________
classification does not rest on substantial distinctions. Worse, the classification lumps all those marriages
mate interests, we affirm the judgment below insofar as it holds the ordinance invalid as applied in this case.
contracted within three years before the pensioner qualified for pension as having been contracted primarily xxx
for financial convenience to avail of pension benefits. (Footnotes omitted) The short of it is that requiring the permit in this case appears to us to rest on an irrational prejudice against the mentally retarded,
including those who would occupy the Featherston facility and who would live under the closely supervised and highly regulated
conditions expressly provided for by state and federal law. (At pp. 447-450; citations omitted)
Even in the American context, the application of the “deferential” Rational Basis Test has not
automatically resulted in the affirmation of the challenged legislation. 60 517 U.S. 620 (1996).
61 The U.S. Supreme Court explained the reasons for its decision in this wise:
483
x x x Amendment 2, however, in making a general announcement that gays and lesbians shall not have any particular protections from
the law, inflicts on them immediate, continuing, and real injuries that outrun and belie any legitimate justifications that may be
claimed for it. We conclude that, in addition to the far-reaching deficiencies of Amendment 2 that we have noted, the principles it
VOL. 446, DECEMBER 15, 2004 483 offends, in another sense, are conventional and venerable; a law must bear a rational relationship to a legitimate governmental
purpose, and Amendment 2 does not.
Central Bank Employees Association, Inc. vs. Bangko The primary rationale the State offers for Amendment 2 is respect for other citizens’ freedom of association, and in particular the
liberties of landlords or employers who have personal or religious objections to homosexuality. Colorado also cites its interest in
Sentral ng Pilipinas conserving resources to fight discrimination against other groups. The breadth of the amendment is so far removed from these
particular justifications that we find it impossible to credit them. We cannot say that Amendment 2 is directed to any identifiable
58
legitimate purpose or discrete objective. It is a status-based enactment divorced from any fac-
Thus, in City of Cleburne Texas v. Cleburne Living Center, a city’s zoning ordinance requiring a
485
special permit for the operation of a group home for the mentally retarded was challenged on
equal protection grounds. The American Court, ruling that the Rational Basis Test was
applicable and limiting itself to the facts of the particular case, held that there was no rational VOL. 446, DECEMBER 15, 2004 485
basis for believing that the mentally retarded condition of those living in the affected group home
posed any special threat to the city’s legitimate interests any more than those living in boarding Central Bank Employees Association, Inc. vs. Bangko
houses, nursing homes and hospitals, for which no special permit was required. 59
Thus, it Sentral ng Pilipinas
concluded, the permit requirement violated the respondent’s right to equal protection.
_______________ Strict Scrutiny

58 473 U.S. 432 (1985). While in the Philippines the Rational Basis Test has, so far, served as a sufficient standard for
59 The U.S. Supreme Court stated:
evaluating governmental actions against the Constitutional guaranty of equal protection, the
The constitutional issue is clearly posed. The city does not require a special use permit in an R-3 zone for apartment houses, multiple
American Federal Supreme Court, as pointed out in the main opinion, has developed a more
dwellings, boarding and lodging houses, fraternity or sorority houses, dormitories, apartment hotels, hospitals, sanitariums, nursing demanding standard as a complement to the traditional deferential test, which it applies in
homes for convalescents or the aged (other than for the insane or feebleminded or alcoholics or drug addicts), private clubs or fraternal
orders, and other specified uses. It does, however, insist on a special permit for the Featherston home, and it does so, as the District
certain well-defined circumstances. This more demanding standard is often referred to as Strict
Court found, because it would be a facility for the mentally retarded. May the city require the permit for this facility when other care Scrutiny.
and multiple-dwelling facilities are freely permitted? Briefly stated, Strict Scrutiny is applied when the challenged statute either (1) classifies on
It is true, as already pointed out, that the mentally retarded as a group are indeed different from others not sharing their
misfortune, and in this respect they may be different from those who would occupy other facilities that would be permitted in an R-3 the basis
62
of an inherently suspect characteristic or (2) infringes fundamental constitutional
zone without a special permit. But this difference is largely irrelevant unless the Featherston home and those who would occupy it rights. With respect to such classifications, the usual presumption of constitutionality is
would threaten legitimate interests of the city in a way that other permitted uses such as boarding houses and hospitals would not.
Because in our view the record does not reveal any rational basis for believing that the Featherston home would pose any special threat reversed, and it is incumbent upon the government to demonstrate that63
its classification has been
to the city’s legiti- narrowly tailored to further compelling governmental interests, otherwise the law shall be
484 declared unconstitutional for being violative of the Equal Protection Clause.
The central purpose of the Equal Protection Clause was to eliminate racial discrimination
emanating from official
Central Bank Employees Association, Inc. vs. Bangko _______________
Sentral ng Pilipinas tual context from which we could discern a relationship to legitimate state interests; it is a classification of persons undertaken for its
own sake, something the Equal Protection Clause does not permit. “[C]lass legislation . . . [is] obnoxious to the prohibitions of the
Fourteenth Amendment . . . .”
We must conclude that Amendment 2 classifies homosexuals not to further a proper legislative end but to make them unequal to
everyone else. This Colorado cannot do. A State cannot so deem a class of persons a stranger to its laws. Amendment 2 violates the
Equal Protection Clause, and the judgment of the Supreme Court of Colorado is affirmed. (At 631-636; citations omitted)
60
62 Plyler v. Doe, 457 U.S. 202, 216-217 (1982); Clements v. Fashing, 457 U.S. 957, 963 (1982). that the law in the States shall be the same for the black as for the white; that all persons, whether colored
63 Mclaughlin v. State of Florida, 379 U.S. 184, 196 (1964). or white, shall stand equal before the laws of the States, and, in regard to the colored race, for whose
protection the amendment was primarily designed, that no discrimination shall be made against them by
486
law because of their color? The words of the amendment, it is true, are prohibitory, but they contain a
necessary implication of a positive immunity, or right, most valuable to the colored race,—the right to
exemption from unfriendly legislation against them distinctively as colored,—exemption from legal
486 SUPREME COURT REPORTS ANNOTATED discriminations, implying inferiority in civil society, lessening the security of their enjoyment of the rights
Central Bank Employees Association, Inc. vs. Bangko which others enjoy, and discriminations which are steps towards reducing them to the condition of a subject
race.
Sentral ng Pilipinas That the West Virginia statute respecting juries-the statute that controlled the selection of the grand and
petit jury in the case of the plaintiff in error—is such a discrimination ought not to be doubted. Nor would it
64
sources in the States. Like other rights guaranteed by the post-Civil War Amendments, the be if the persons excluded by it were white men. If in those States where the colored people constitute a
Equal Protection Clause (also known as the Fourteenth Amendment) was motivated in large part majority of the entire population a law should be enacted excluding all white men from jury service, thus
denying to them the privilege of participating equally with the blacks in the administration of justice, we
by a desire to protect the civil rights of African-Americans recently freed from slavery. Thus,
apprehend no one would be heard to claim that it would not be a denial to white men of the equal protection
initially, the U.S. Supreme Court attempted to limit the65scope of the Equal Protection Clause
66
to of the laws. Nor if a law should be passed excluding all naturalized Celtic Irishmen, would there by any
discrimination claims brought by African-Americans. In Strauder v. West Virginia, the doubt of its inconsistency with the spirit of the amendment. The very fact that colored people are singled out
American Supreme Court in striking down a West Virginia statute which prohibited a “colored and expressly denied by a statute all right to participate in the administration of
man” from serving in a jury, traced the roots of the Equal Protection Clause:
488
This is one of a series of constitutional provisions having a common purpose; namely, securing to a race
recently emancipated, a race that through many generations had been held in slavery, all the civil rights
that the superior race enjoy. The true spirit and meaning of the amendments, as we said in the Slaughter- 488 SUPREME COURT REPORTS ANNOTATED
House Cases (16 Wall. 36), cannot be understood without keeping in view the history of the times when they
were adopted, and the general objects they plainly sought to accomplish. At the time when they were Central Bank Employees Association, Inc. vs. Bangko
incorporated into the Constitution, it required little knowledge of human nature to anticipate that those who Sentral ng Pilipinas
had long been regarded as an inferior and subject race would, when suddenly raised to the rank of
citizenship, be looked upon with jealousy and positive dislike, and that State laws might be enacted or
the law, as jurors, because of their color, though they are citizens, and may be in other respects fully
enforced to perpetuate the distinctions that had before existed. x x x To quote the language used by us in
qualified, is practically a brand upon them, affixed by the law, an assertion of their inferiority, and a
the Slaughter-House Cases, “No one can fail to be impressed with the one pervading purpose found in all the
stimulant to that race prejudice which is an impediment to securing to individuals of the race that equal
amendments, lying at the foundation of each, and without which none of them would have been suggested,— 67
justice which the law aims to secure to all others.
we mean the freedom of the slave race, the security and firm establishment of that freedom, and the
protection of the newly made freeman and citizen from the oppressions of those Over the years however, the Equal Protection Clause has been applied against unreasonable
68
governmental discrimination directed at any identifiable group. In what Laurence
69
H. Tribe and
_______________
Michael C. Dorf call the most famous
70
footnote in American constitutional law, Justice Stone
64 Loving v. Commonwealth of Virginia, 388 U.S. 1, 10 (1967); Shaw v. Reno,509 U.S. 630, 642 (1993); Adarand Constructors, Inc. v.
in U.S. v. Carolene Products Co. maintained that state-sanctioned discriminatory practices
Pena, 515 U.S. 200, 216 (1995); Shaw v. Hunt, 517 U.S. 899, 907 (1996).
65 O. STEPHENS & J. SCHEB II, AMERICAN CONSTITUTIONAL LAW 737 (2nd Ed., 1999). against discrete and insular minorities are entitled to a diminished presumption of
66 100 U.S. 303 (1879). constitutionality:
487 x x x the existence of facts supporting the legislative judgment is to be presumed, for regulatory legislation
affecting ordinary commercial transactions is not to be pronounced unconstitutional unless in the light of
the facts made known or generally assumed it is of such a character as to preclude the assumption that it
VOL. 446, DECEMBER 15, 2004 487 rests upon some rational basis within the knowledge and experience of the legislators. [FN4] x x x
Central Bank Employees Association, Inc. vs. Bangko FN4 There may be narrower scope for operation of the presumption of constitutionality when legislation
Sentral ng Pilipinas appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten
Amendments, which are deemed equally specific when held to be embraced within the
Fourteenth. See Stromberg v. California, 283 U.S. 359, 369, 370, 51 S.Ct. 532, 535, 536, 75 L.Ed. 1117, 73 A.L.R.
who had formerly exercised unlimited dominion over them.” So again: “The existence of laws in the States 1484; Lovell v. Griffin, 303 U.S. 444, 58 S.Ct. 666, 82 L.Ed. 949, decided March 28, 1938.
where the newly emancipated negroes resided, which discriminated with gross injustice and hardship
against them as a class, was the evil to be remedied, and by it [the Fourteenth Amendment] such laws were
forbidden. If, however, the States did not conform their laws to its requirements, then, by the fifth section of _______________
the article of amendment, Congress was authorized to enforce it by suitable legislation.” And it was added, 67 Id., at
pp. 303, 306-310.
“We doubt very much whether any action of a State, not directed by way of discrimination against the 68 O. STEPHENS & J. SCHEB II, AMERICAN CONSTITUTIONAL LAW 738 (2nd Ed., 1999).
negroes, as a class, will ever be held to come within the purview of this provision.” 69 L. TRIBE & M. DORF, ONREADING THE CONSTITUTION 72 (1991).
x x x It ordains that no State shall deprive any person of life, liberty, or property, without due process of 70 304 U.S. 144 (1938).
law, or deny to any person within its jurisdiction the equal protection of the laws. What is this but declaring
489 Racial classifications are generally thought to be “suspect” because throughout the United States’
history these have generally been used to discriminate officially against groups75
which are
politically subordinate and subject to private prejudice and discrimination. Thus, the U.S.
VOL. 446, DECEMBER 15, 2004 489
Supreme Court has “consistently repudiated distinctions between citizens solely because of their
Central Bank Employees Association, Inc. vs. Bangko ancestry as76
being odious to a free people whose institutions are founded upon the doctrine of
Sentral ng Pilipinas equality.” The underly-
It is unnecessary to consider now whether legislation which restricts those political processes which can _______________
ordinarily be expected to bring about repeal of undesirable legislation, is to be subjected to more exacting 71 Id., atp. 153
judicial scrutiny under the general prohibitions of the Fourteenth Amendment than are most other types of 72 J.
NOWAK & R. ROTUNDA, CONSTITUTIONAL LAW 576 (4th Ed., 1991).
legislation. On restrictions upon the right to vote, see Nixon v. Herndon, 273 U.S. 536, 47 S.Ct. 446, 71 L.Ed. 73 323 U.S. 214 (1944).
759; Nixon v. Condon, 286 U.S. 73, 52 S.Ct. 484, 76 L.Ed. 984, 88 A.L.R. 458; on restraints upon the 74 Id., at p. 216.
dissemination of information, see Near v. Minnesota, 283 U.S. 697, 713—714, 718-720, 722, 51 S.Ct. 625, 75 Developments in the Law—Equal Protection, 82 HARV. L. REV. 1065, 1107-1108 (1969).
630, 632, 633, 75 L.Ed. 1357; Grosjean v. American Press Co., 297 U.S. 233, 56 S.Ct. 444, 80 L.Ed. 76 Loving v. Commonwealth of Virginia, 388 U.S. 1, 11 (1967); Wygant v. Jackson Board of Education, 476 U.S. 267,
660; Lovell v. Griffin, supra; on interferences with political organizations, see Stromberg v. California, 273 (1986).
supra, 283 U.S. 359, 369, 51 S.Ct. 532, 535, 75 L.Ed. 1117, 73 A.L.R. 1484; Fiske v. Kansas, 274 U.S. 380, 47
S.Ct. 655, 71 L.Ed. 1108; Whitney v. California, 274 U.S. 357, 373-378, 47 S.Ct. 641, 647, 649, 71 L.Ed. 491
1095; Herndon v. Lowry, 301 U.S. 242, 57 S.Ct. 732, 81 L.Ed. 1066; and see Holmes, J., in Gitlow v. New
York, 268 U.S. 652, 673, 45 S.Ct. 625, 69 L.Ed. 1138; as to prohibition of peaceable assembly, see De Jonge v.
Oregon, 299 U.S. 353, 365, 57 S.Ct. 255, 260, 81 L.Ed. 278. VOL. 446, DECEMBER 15, 2004 491
Nor need we enquire whether similar considerations enter into the review of statutes directed at Central Bank Employees Association, Inc. vs. Bangko
particular religious, Pierce v. Society of Sisters, 268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070, 39 A.L.R. 468, or
national, Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. 625, 67 L.Ed. 1042, 29 A.L.R. 1446; Bartels v. Iowa, 262 Sentral ng Pilipinas
U.S. 404, 43 S.Ct. 628, 67 L.Ed. 1047; Farrington v. Tokushige, 273 U.S. 284, 47 S.Ct. 406, 71 L.Ed. 646, or
racial minorities. Nixon v. Herndon, supra; Nixon v. Condon, supra; whether prejudice against discrete ing rationale of the suspect classification theory is that where legislation affects discrete and
and insular minorities may be a special condition, which tends seriously to curtail the operation
insular minorities, the presumption of constitutionality fades because traditional political
of those political processes ordinarily to be relied upon to protect minorities, and which may call 77
for acorrespondingly more searching judicial inquiry. Compare McCulloch v. Maryland, 4 Wheat. processes may have broken down. Moreover, classifications based on race, alienage or national
316, 428, 4 L.Ed. 579; South Carolina State Highway Department v. Barnwell Bros., 303 U.S. origin are so seldom relevant to the achievement of any legitimate state interest that laws
grounded on such considerations are deemed to reflect prejudice 78and antipathy—a view that
490 those in the burdened class are not as worthy or deserving as others.
Almost three decades after 79
Korematsu, in the landmark case of San Antonio Independent
School District v. Rodriguez, the U.S. Supreme Court in identifying a “suspect class” as a class
saddled with such disabilities, or subjected to such a history of purposeful unequal treatment, or
Central Bank Employees Association, Inc. vs. Bangko relegated to such a position of political80 powerlessness as to command extraordinary protection
Sentral ng Pilipinas from the majoritarian political process, articulated that suspect classifications were not limited
to classifications based 81on race, alienage or national origin but could also be applied to other
71
177, 58 S.Ct. 510, 82 L.Ed. 734, decided February 14, 1938, note 2, and cases cited. (Emphasis and italics
criteria such as religion.
supplied)
72 73
_______________
The use of the term “suspect” originated in the case of Korematsu v. U.S. In Korematsu, the 77 Johnson v. Robison, 415 U.S. 361, 375 (1974).
American Supreme Court upheld the constitutionality of Civilian Exclusion Order No. 34 of the 78 City of Cleburne, Texas v. Cleburne Living Center, 413 U.S. 432, 440 (1985).
Commanding General of the Western Command, U.S. Army, which directed that all persons of 79 411 U.S. 1 (1973).
Japanese ancestry should be excluded from San Leandro California, a military area, beginning 80 Id., at p. 28 (1973). The definition was reiterated in Matthews v. Lucas, 427 U.S. 495, 506 (1976).
May 9, 1942. However, in reviewing the validity of laws which employ race as a means of 81 In City of New Orleans v. Dukes, 427 U.S. 297, 303 (1976), the U.S. Supreme Court said:
classification, the Court held: When local economic regulation is challenged solely as violating the Equal Protection Clause, this Court consistently defers to
legislative determinations as to the desirability of particular statutory discriminations. See, E.g., Lehnhausen v. Lake Shore Auto Parts
It should be noted, to begin with, that all legal restrictions which curtail the civil rights of a single racial Co., 410 U.S. 356, 93 S.Ct. 1001, 35 L.Ed.2d 351 (1973). Unless a classification trammels fundamental personal rights or is drawn
group areimmediately suspect. That is not to say that all such restrictions are unconstitutional. upon inherently suspect distinctions such as race, religion, or alienage, our decisions presume the constitutionality of the
statutory discriminations and require only that the classification challenged be rationally related to a legitimate state interest . . .
It is to say that courts must subject them to the most rigid scrutiny. Pressing 74
public necessity may (Emphasis and Italics supplied)
sometimes justify the existence of such restrictions; racial antagonism never can. (Emphasis and italics
supplied) 492
492 SUPREME COURT REPORTS ANNOTATED 85 See
86 Ibid.
discussion on the Intermediate Scrutiny Test.
Central Bank Employees Association, Inc. vs. Bangko 87 Maher v. Roe, 432 U.S. 464, 470-471 (1977).
Sentral ng Pilipinas This case involves no discrimination against a suspect class. An indigent woman desiring an abortion does not come
within the limited category of disadvantaged classes
Thus, the U.S. Supreme Court has ruled that82suspect classifications deserving of Strict Scrutiny 494
83 84
include those based on race or national origin, alienage and religion while classifications
_______________
82 Grutter
v. Bollinger, 539 U.S. 306, 326 (2003).
We have held that all racial classifications imposed by government “must be analyzed by a reviewing court under strict
scrutiny.” Ibid. This means that such classifications are constitutional only if they are narrowly tailored to further compelling 88 89
governmental interests. “Absent searching judicial inquiry into the justification for such race-based measures,” we have no way to tious objection and age have been held not to constitute suspect classifications.
determine what “classifications are ‘benign’ or ‘remedial’ and what classifications are in fact motivated by illegitimate notions of racial
inferiority or simple racial politics.” Richmond v. J.A. Croson Co., 488 U.S. 469, 493, 109 S.Ct. 706, 102 L.Ed.2d 854 (1989) (plurality
opinion). We apply strict scrutiny to all racial classifications to ‘smoke out’ illegitimate uses of race by assuring that [government] is
pursuing a goal important enough to warrant use of a highly suspect tool.” Ibid. (Emphasis and underscoring supplied)
_______________
83 In so recognized by our cases. Nor does the fact that the impact of the regulation falls upon those who cannot pay lead to a different
re Griffiths, 413 U.S. 717, 721-724 (1973). conclusion. In a sense, every denial of welfare to an indigent creates a wealth classification as compared to nonindigents who are able to
pay for the desired goods or services. But this Court has never held that financial need alone identifies a suspect class
The Court has consistently emphasized that a State which adopts asuspect classification ‘bears a heavy burden of
forpurposes of equal protection analysis. See Rodriguez, supra, 411 U.S. at 29, 93 S.Ct., at 1294; Dandridge v. Williams, 397 U.S.
justification,’ McLaughlin v. Florida, 379 U.S. 184, 196, 85 S.Ct 283, 290, 13 L.Ed.2d 222 (1964), a burden which, though variously
471, 90 SCt 1153, 25 L.Ed.2d 491 (1970). (Emphasis and italics supplied).
formulated, requires the State to meet certain standards of proof. In order to justify the use of a suspect classification, a State must
show that its purpose or interest is both constitutionally permissible and substantial, and that its use of the classification is ‘necessary . 88 Johnson
. . to the accomplishment’ of its purpose or the safeguarding of its interest. v. Robison, 415 U.S. 361, 375 (1974), footnote number 14, states:
Resident aliens, like citizens, pay taxes, support the economy, serve in the Armed Forces, and contribute in myriad
other ways to our society. It is appropriate that a State bear a heavy burden when it deprives them of Appellee argues that the statutory classification should be subject to strict scrutiny and upheld only if a compelling governmental
employment opportunities. (Emphasis and italics supplied) justification is demonstrated because (1) the challenged classification interferes with the fundamental constitutional right to the free
exercise of religion, and (2) I—O conscientious objectors are a suspect class deserving special judicial protection. We find no merit in
84 In Larson v. Valente, 456 U.S. 228, 246 (1982), the Supreme Court through Justice Brennan held that the Minnesota either contention. Unquestionably, the free exercise of religion is a fundamental constitutional right. However, since we hold in Part
III, infra, that the Act does not violate appellee’s right of free exercise of religion, we have no occasion to apply to the challenged
statute, in imposing certain registration and reporting requirements upon only those religious organizations that solicit classification a standard of scrutiny stricter than the traditional rational-basis test. With respect to appellee’s secondcontention,
more than 50% of their funds from nonmembers discriminates against such organizations in we find the traditional indicia of suspectedness lacking in this case. The class does not possess an ‘immutable
characteristic determined solely by the accident of birth,’ Frontiero v. Richardson, 411 U.S., at 686, 93 S.Ct., at 1770, nor is the
493 class ‘saddled with such disabilities, or subjected to such a history of purposeful unequal treatment, or relegated to such
a position of political powerlessness as to command extraordinary protection from the majoritarian political
process,’ San Antonio Independent School District v. Rodriguez, 411 U.S. 1, 28, 93 S.Ct. 1278, 1298, 36 L.Ed.2d 16 (1973). (Emphasis
and italics supplied)
VOL. 446, DECEMBER 15, 2004 493
89 Massachusetts Board of Retirement v. Murgia, 427 U.S. 307, 313-314 (1976).
Nor does the class of uniformed state police officers over 50 constitute a suspect class for purposes of equal protection
Sentral ng Pilipinas analysis. Rodriguez, supra, 411 U.S. at 28, 93 S.Ct. at 1294, observed that a
85 86 87
495
based on gender, illegitimacy, financial need, conscien-
VOL. 446, DECEMBER 15, 2004 495

_______________
violation of the establishment clause of the First Amendment. In so doing, the Court said:
Since Everson v. Board of Education, 330 U.S. 1, 67 S.Ct. 504, 91 L.Ed. 711 (1947), this Court has adhered to the principle, clearly
manifested in the history and logic of the Establishment Clause, that no State can “pass laws which aid one religion” or that “prefer one
religion over another.” Id., at pp. 15, 67 S.Ct., at 511. This principle of denominational neutrality has been restated on many occasions.
In Zorach v. Clauson, 343 U.S. 306, 72 S.Ct. 679, 96 L.Ed. 954 (1952), we said that “[t]he government must be neutral when it comes to As priorly mentioned, the application of Strict Scrutiny has not been limited to statutes which
competition between sects.” Id., at 314, 72 S.Ct., at 684. In Epperson v. Arkansas, 393 U.S. 97, 89 S.Ct. 266, 21 L.Ed.2d 228 (1968), we proceed along suspect lines but has been utilized on statutes infringing upon fundamental
stated unambiguously: “The First Amendment mandates governmental neutrality between religion and religion . . . . The State may not
adopt programs or practices . . . which ‘aid or oppose’ any religion . . . . This prohibition is absolute.” Id., at pp. 104, 106, 89 S.Ct., at
constitutionally protected rights. Most fundamental rights cases decided in the United States
270, 271, citing Abington School District v. Schempp, 374 U.S. 203, 225, 83 S.Ct. 1560, 1573, 10 L.Ed.2d 844 (1963). And Justice require equal protection analysis because these cases would involve a review of statutes which
Goldberg cogently articulated the relationship between the Establishment Clause and the Free Exercise Clause when he said that
“[t]he fullest realization of true religious liberty requires that government . . . effect no favoritism among sects . . . and that it work
classify persons and impose differing
90
restrictions on the ability of a certain class of persons to
deterrence of no religious belief.” Abington School District, supra, at 305, 81 S.Ct., at 1615. In short, when we are presented with a exercise a fundamental right. Fundamental rights 91
include only those basic liberties explicitly or
state law granting a denominational preference, our precedents demand that we treat the law as suspect and that we implicitly guaranteed by the U.S. Constitution. And precisely because these statutes affect,
apply strict scrutiny in adjudging its constitutionality. (Emphasis and italics supplied)
While the Court viewed the case from perspective of the Non-Establishment Clause of the First Amendment, the principles on Equal fundamental liberties, any experiment involving basic freedoms
Protection would also apply since the Non-Establishment Clause stripped to its bare essentials is in reality merely a more specific type
of equal protection clause but with regards to religion.
_______________ _______________
suspect class is one “saddled with such disabilities, or subjected to such a history of purposeful unequal treatment, or relegated to such by invidious racial discriminations. Under our Constitution, the freedom to marry or not marry, a person of another race resides with
a position of political powerlessness as to command extraordinary protection from the majoritarian political process.” While the the individual and cannot be infringed by the State. (Emphasis and italics supplied)
treatment of the aged in this Nation has not been wholly free of discrimination, such persons, unlike, say, those who have been
discriminated against on the basis of race or national origin, have not experienced a “history of purposeful unequal treatment” or been 94 Austin v. Michigan Chamber of Commerce, 494 U.S. 652, 666 (1990).
subjected to unique disabilities on the basis of stereotyped characteristics not truly indicative of their abilities. The class subject to the
compulsory retirement feature of the Massachusetts statute consists of uniformed state police officers over the age of 50. It cannot be Because the right to engage in political expression is fundamental to our constitutional system, statutory classifications impinging
said to discriminate only against the elderly. Rather, it draws the line at a certain age in middle life. But even old age does not define a upon that right must be narrowly tailored to serve a compelling governmental interest. Police Department of Chicago v. Mosley, 408
“discrete and insular” group, United States v. Carolene Products Co., 304 U.S. 144, 152-153, n. 4, 58 S.Ct. 778, 783, 82 L.Ed. 1234 U.S. 92, 101, 92 S.Ct. 2286, 2293, 33 L.Ed.2d 212 (1972). We find that, even under such strict scrutiny, the statute’s classifications pass
(1938), in need of “extraordinary protection from the majoritarian political process.” Instead, it marks a stage that each of us will reach muster under the Equal Protection Clause. As we explained in the context of our discussions of whether the statute was
if we live out our normal span. Even if the statute could be said to impose a penalty upon a class defined as the aged, it would not overinclusive, supra, at 1397-1398, or underinclusive, supra, at 1400-1401, the State’s decision to regulate only corporations is precisely
impose a distinction sufficiently akin to those classifications that we have found suspect to call for strict judicial scrutiny. (Emphasis tailored to serve the compelling state interest of eliminating from the political process the corrosive effect of political “war chests”
and italics supplied) amassed with the aid of the legal advantages given to corporations. (Emphasis and italics supplied)
90 J. NOWAK 7 R. ROTUNDA, CONSTITUTIONAL LAW 577 (4th Ed., 1991). 95 Attorney General of New York v. Soto-Lopez, 476 U.S. 898, 903-904 (1986).
91 San Antonio Independent School District v. Rodriguez, 411 U.S. 1, 17 (1973); Plyler v. Doe, 457 U.S. 202, 218 (1982).
A state law implicates the right to travel when it actually deters such travel, see, e.g., Crandall v. Nevada, supra, at 46; see
also Shapiro, supra 394 U.S., at 629, 89 S.Ct., at 1328, when impeding travel is its primary objective, see Zobel supra 457 U.S., at 62, n.
496
9, 102 S.Ct., at 2314, n. 9; Shapiro, supra 394 U.S., at 628-631, 89 S.Ct., at 1328-1329, or when it uses “ ‘any classification which serves
to penalize the exercise of that right.’ ” Dunn, supra 405 U.S., at 340, 92 S.Ct., at 1002 (quoting Shapiro, supra 394 U.S., at 634, 89
S.Ct., at 1331). Our right-to-migrate cases have principally involved the latter, indirect manner of burdening the right. More
496 SUPREME COURT REPORTS ANNOTATED particularly, our recent cases have dealt with state laws that, by classifying residents according to the time they established residence,
re-
Central Bank Employees Association, Inc. vs. Bangko 498
which the legislature conducts must be critically examined under the lens of Strict Scrutiny. 92
Fundamental 93
rights which give rise to Strict Scrutiny include the right of procreation, the Central Bank Employees Association, Inc. vs. Bangko
right to marry, the right to Sentral ng Pilipinas
96
_______________
and the right to vote.
92 Skinner v. State of Oklahoma ex rel. Williamson, 316 U.S. 535, 541 (1942).
But the instant legislation runs afoul of the equal protection clause, though we give Oklahoma that large deference which the rule of
_______________
the foregoing cases requires. We are dealing here with legislation which involves one of the basic civil rights of man. Marriage and
procreation are fundamental to the very existence and survival of the race. The power to sterilize, if exercised, may have subtle, far sulted in the unequal distribution of rights and benefits among otherwise qualified bona fide residents. Hooper, supra; Zobel v.
reaching and devastating effects. In evil or reckless hands it can cause races or types which are inimical to the dominant group to Williams, 457 U.S. 55, 102 S.Ct. 2309, 72 L.Ed.2d 672 (1982); Sosna v. Iowa, 419 U.S., 393, 95 S.Ct. 553, 42 L.Ed.2d 532
wither and disappear. There is no redemption for the individual whom the law touches. Any experiment which the State conducts is to (1975); Memorial Hospital, supra; Dunn v. Blumstein, 405 U.S. 330, 92 S.Ct. 995, 31 L.Ed.2d 274 (1972); Shapiro, supra.
his irreparable injury. He is forever deprived of a basic liberty. We mention these matters not to reexamine the scope of the police Because the creation of different classes of residents raises equal protection concerns, we have also relied upon the Equal Protection
power of the States. We advert to them merely in emphasis of our view that strict scrutiny of the classification which Clause in these cases. Whenever a state law infringes a constitutionally protected right, we undertake intensified equal protection
a State makes in a sterilization law is essential, lest unwittingly or otherwise invidious discriminations are made against scrutiny of that law. See, e.g., Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 440, 105 S.Ct. 3249, 3254, 87 L.Ed.2d 313
groups or types of individuals in violation of the constitutional guaranty of just and equal laws . . . (Emphasis and italics (1985); Martinez v. Bynum, 461 U.S. 321, 328, n. 7, 103 S.Ct. 1838, 1842, n. 7, 75 L.Ed.2d 879 (1983); Plyler v. Doe, 457 U.S. 202, 216-
supplied) 217 and n. 15, 102 S.Ct. 2382, 2394-2395 and n. 15, 72 L.Ed.2d 786 (1982); Memorial Hospital, supra 415 U.S., at 258, 262, 94 S.Ct., at
1082, 1084; San Antonio Independent School District v. Rodriguez, 411 U.S. 1, 16 and n. 39, 30-32, 40, 93 S.Ct. 1278, 1287 and n. 39,
93 Loving v. Commonwealth of Virginia, 388 U.S. 1, 12 (1967). 1295-1296, 1300, 36 L.Ed.2d 16 (1973); Police Dept. of Chicago v. Mosley, 408 U.S. 92, 101, 92 S.Ct. 2286, 2293, 33 L.Ed.2d 212
(1972); Dunn, supra 405 U.S., at 335, 342, 92 S.Ct., at 999, 1003; Shapiro, supra 394 U.S., at 634, 89 S.Ct., at 1331. Thus, in several
Marriage is one of the ‘basic civil rights of man,’ fundamental to our very existence and survival. Skinner v. State of cases, we asked expressly whether the distinction drawn by the State between older and newer residents burdens
Oklahoma, 316 U.S. 535, 541, 62 S.Ct. 1110, 1113, 86 L.Ed. 1655 (1942). See also Maynard v. Hill, 125 U.S. 190, 8 S.Ct. 723, 31 L.Ed. the right to migrate. Where we found such a burden, we required the State to come forward with a compelling
654 (1888). To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, justification. See, e.g., Shapiro, supra; Dunn, supra; Memorial Hospital v. Maricopa County, 415 U.S. 250, 94 S.Ct. 1076, 39 L.Ed.2d
classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the 306 (1974)... (Emphasis and italics supplied)
State’s citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be 96 Kramer
restricted v. Union Free School District No. 15, 395 U.S. 621 (1969).
‘In determining whether or not a state law violates the Equal Protection Clause, we must consider the facts and circumstances behind
497 the law, the interests which the State claims to be protecting, and the interests of those who are disadvantaged by the
classification.’ Williams v. Rhodes, 393 U.S.
VOL. 446, DECEMBER 15, 2004 497 499

Sentral ng Pilipinas VOL. 446, DECEMBER 15, 2004 499
exercise First
94
Amendment freedoms 95
such as free speech, political expression, press, assembly, Sentral ng Pilipinas
and so forth, the right to travel,
99 Gunther, Foreword: In Search of Evolving Doctrine on a Changing Court: A Model for a Newer Equal Protection, 86
Because Strict Scrutiny involves statutes which either classifies on the basis of an inherently
suspect characteristic or infringes fundamental constitutional rights, the presumption of HARV. L. REV. 1, 21 (1972).
100 Vide Bautista v. Juinio, 121 SCRA 329, 341 (1984).
constitutionality is reversed; that is, such legislation is assumed to be unconstitutional until the
government demonstrates otherwise. The government must show that the statute is supported by 501
a compelling governmental
97
interest and the means chosen to accomplish that interest are
narrowly tailored. Gerald Gunther explains as follows:
VOL. 446, DECEMBER 15, 2004 501
. . . The intensive review associated with the new equal protection imposed two demands a demand not only
as to means but also as to Central Bank Employees Association, Inc. vs. Bangko
_______________
23, 30, 89 S.Ct. 5, 10, 21 L.Ed.2d 24 (1968). And, in this case, we must give the statute a close and exacting examination. ‘(S)ince the right the second101tier consisting of Strict Scrutiny (also called by Gunther as the new equal
to exercise the franchise in a free and unimpaired manner is preservative of other basic civil and political rights, any alleged
infringement of the right of citizens to vote must be carefully and meticulously scrutinized.’ Reynolds v. Sims, 377 U.S. 533, 562, 84 S.Ct. protection). Gunther however described the two-tier approach employed by the U.S. Supreme
1362, 1381, 12 L.Ed.2d 506 (1964). See Williams v. Rhodes, supra, 393 U.S. at 31, 89 S.Ct, at 10; Wesberry v. Sanders, 376 U.S. 1, 17, 84 S.Ct. 526, 535,
11 L.Ed.2d 481 (1964). This careful examination is necessary because statutes distributing the franchise constitute the foundation of our
Court as being 102
rigid, criticizing the aggressive new equal protection for being “strict in theory and
representative society. Any unjustified discrimination in determining who may participate in political affairs or in the selection of public officials fatal in fact”
undermines the legitimacy of representative government.
x x x Statutes granting the franchise to residents on a selective basis always pose the danger of denying some citizens any effective voice in the
governmental affairs which substantially affect their lives. Therefore, if a challenged state statute grants the right to vote to some bona fide residents _______________
of requisite age and citizenship and denies the franchise to others, the Court must determine whether the exclusions are necessary to promote a
compelling state interest. See Carrington v. Rash, supra, 380 U.S., at 96, 85 S.Ct., at 780. (Emphasis and italics supplied) 101 Vide Gunther, Foreword: In Search of Evolving Doctrine on a Changing Court: A Model for a Newer Equal
97 Adarand Constructors, Inc. v. Peña, 515 U.S. 200, 235 (1995). Protection, 86 HARV. L. REV. 1 (1972).
102 To this observation, the U.S. Supreme Court in Adarand Constructors, Inc. v. Peña (515 U.S. 200, 237 [1995]) said:
500
Finally, we wish to dispel the notion that strict scrutiny is “strict in theory, but fatal in fact.” Fullilove, supra, at 519, 100 S.Ct., at 2795
(Marshall, J., concurring in judgment). The unhappy persistence of both the practice and the lingering effects of racial discrimination
against minority groups in this country is an unfortunate reality, and government is not disqualified from acting in response to it. As
500 SUPREME COURT REPORTS ANNOTATED recently as 1987, for example, every Justice of this Court agreed that the Alabama Department of Public Safety’s “pervasive,
systematic, and obstinate discriminatory conduct” justified a narrowly tailored race-based remedy. See United States v. Paradise, 480
Central Bank Employees Association, Inc. vs. Bangko U.S., at 167, 107 S.Ct., at 1064 (plurality opinion of Brennan, J.); id., at 190, 107 S.Ct., at 1076 (STEVENS, J., concurring in
judgment); id., at p. 196, 107 S.Ct., at 1079-1080 (O’CONNOR, J., dissenting). When race-based action is necessary to further a
Sentral ng Pilipinas compelling interest, such action is within constitutional constraints if it satisfies the “narrow tailoring” test this Court has set out in
previous cases.
ends. Legislation qualifying for strict scrutiny required a far closer fit between classification and statutory And in Grutter v. Bollinger (539 U.S. 306, 326-327 [2003]), the same Court said:
purpose than the rough and ready flexibility traditionally tolerated by the old equal protection: means had
Strict scrutiny is not “strict in theory, but fatal in fact.” Adarand Constructors, Inc. v. Peña, supra, at 237, 115 S.Ct. 2097 (internal
to be shown “necessary” to achieve statutory ends, not merely “reasonably related.” Moreover, equal quotation marks and citation omitted). Although all governmental uses of race are subject to strict scrutiny, not all are invalidated by
protection became a source of ends scrutiny as well: legislation in the areas of the new equal protection98
had it. As we have explained, “whenever the government treats any person unequally because of his or her race, that person has suffered an
to be justified by “compelling” state interests, not merely the wide spectrum of “legitimate” state ends. injury that falls squarely within the language and spirit of the Constitution’s guarantee of equal protection.” 515 U.S., at 229-230, 115
502
Furthermore, the legislature must adopt99the least burdensome or least drastic means available
for achieving the governmental objective.
While Strict Scrutiny has, as yet, not found widespread application in this jurisdiction, the 502 SUPREME COURT REPORTS ANNOTATED
tenet that legislative classifications involving fundamental rights require a more rigorous
justification under more stringent standards of analysis has been acknowledged in a number of Central Bank Employees Association, Inc. vs. Bangko
100
Philippine cases. Since the United States’ conception of the Equal Protection Clause was largely Sentral ng Pilipinas
influenced by its history of systematically discriminating along racial lines, it is perhaps no
surprise that the Philippines which does not have any comparable experience has not found a and the deferential old equal protection as “minimal scrutiny in theory and virtually none in
similar occasion to apply this particular American approach of Equal Protection. fact.”
103
Gunther’s sentiments were also shared by certain members of the Burger Court, most notably
Intermediate Scrutiny
Justice Marshall who advocated a Sliding Scale Approach which he elaborated104
on in his
The Rational Basis Test and Strict Scrutiny form what Gerald Gunther termed as the two-tier dissenting opinion in San Antonio Independent School District v. Rodriguez:
approach to equal protection analysis—the first tier consisting of the Rational Basis Test (also
called by Gunther as the old equal protection) while To begin, I must once more voice my disagreement with the Court’s rigidified approach to equal protection
analysis. See Dandridge v. Williams, 397 U.S. 471, 519-521, 90 S.Ct 1153, 1178-1180, 25 L.Ed.2d 491 (1970)
(dissenting opinion); Richardson v. Belcher, 404 U.S. 78, 90, 92 S.Ct. 254, 261, 30 L.Ed.2d 231 (1971)
_______________ (dissenting opinion). The Court apparently seeks to establish today that equal protection cases fall into one
98
of two neat categories which dictate the appropriate standard of review-strict scrutiny or mere rationality.
http://www.marquette.edu/polisci/wolfe/gunther.htm quoting excerpts from Chapter 9 of G.
But this Court’s decisions in the field of equal protection defy such easy categorization. A principled reading
GUNTHER, CONSTITUTIONAL LAW(12th Ed., 1991).
of what this Court has done reveals that it has applied a spectrum of standards in reviewing discrimination
allegedly violative of the Equal Protection Clause. This spectrum clearly comprehends variations in the
degree of care with which the Court will scrutinize particular classifications, depending, I believe, on the Sentral ng Pilipinas
constitutional and societal importance of the interest adversely affected and the recognized invidiousness of
the basis upon which the particular classification is drawn. I find in fact that many of the Court’s recent 109
v. Cleburne Living Center, the United States Supreme Court said:
decisions embody the very sort of reasoned approach to equal protection analysis for which I previously
argued—that is, an approach in which ‘concentration (is) “[W]hat differentiates sex from such nonsuspect statuses as intelligence or physical disability . . . is that the
sex characteristic frequently bears no relation to ability to perform or contribute to society.” Frontiero v.
_______________ Richardson, 411 U.S. 677, 686, 93 S.Ct. 1764, 1770, 36 L.Ed.2d 583 (1973) (plurality opinion). Rather than
S.Ct. 2097. But that observation “says nothing about the ultimate validity of any particular law; that determination is the job of the court applying
resting on meaningful considerations, statutes distributing benefits and burdens between the 110
sexes in
strict scrutiny.” Id., at p. 230, 115 S.Ct. 2097. When race-based action is necessary to further a compelling governmental interest, such action does not different ways very likely reflect outmoded notions of the relative capabilities of men and women.
violate the constitutional guarantee of equal protection so long as the narrow-tailoring requirement is also satisfied.
103 Gunther, Foreword: In Search of Evolving Doctrine on a Changing Court: A Model for a Newer Equal Protection, 86 HARV. L. In the same manner, classifications based on illegitimacy are also presumed unconstitutional as
REV. 1, 8 (1972).
104 411 U.S. 1 (1973).
illegitimacy is beyond the individual’s control
111
and bears no relation to the individual’s ability to
participate in and contribute to society. Similar to 112
Strict Scrutiny, the burden of justification for
503 the classification rests entirely on the government. Thus, the government must show at least
that the statute serves an important purpose and that the 113
discriminatory means employed is
substantially related to the achievement of those objectives.
VOL. 446, DECEMBER 15, 2004 503
Central Bank Employees Association, Inc. vs. Bangko Summary of the American Supreme Court Approach to Equal Protection
Sentral ng Pilipinas In fine, the three standards currently employed by the U.S. Federal Supreme Court for
determining the constitutional validity
114
of a statutory classification in the light of the equal
placed upon the character of the classification in question, the relative importance to individuals in the class protection clause may be summarized as follows:
discriminated against of the governmental benefits that they do not receive, and the asserted state interests
in support of the classification.’
105
Dandridge v. Williams, supra, 397 U.S., at 520-521, 90 S.Ct., at 1180 _______________
(dissenting opinion).
109 473 U.S. 432 (1985).
110 Id., atpp. 440-441.
Shortly before his retirement in 1991, Justice Marshall suggested to the Supreme 106
Court that it 111 Id., atp. 441.
adopt a Sliding Scale that would embrace a spectrum of standards of review. 112 Mississippi University for Women v. Hogan, 458 U.S. 718, 724 (1982).
Other sources of discontent in the U.S. Supreme Court are Justice Stevens who argues for a 113 U.S. v. Virginia, 518 U.S. 515, 533 (1996).
return to the Rational Basis Test which he believes to be adequate to invalidate all invidious 114 Vide City of Cleburne Texas v. Cleburne Living Center, supra at 441; Clark v. Jeter, 486 U.S. 456, 461 (1988).
forms of discrimination and Chief Justice Rehnquist who 107 is disgruntled with the Court’s special
505
solicitude for the claims of discrete and insular minorities.
Yet, despite numerous criticisms from American legal luminaries, the U.S. Supreme Court has
not done away with the Rational Basis Test and Strict Scrutiny as they continue to remain viable VOL. 446, DECEMBER 15, 2004 505
approaches in equal protection analysis. On the contrary, the American Court has developed yet
a third tier of equal protection review, falling between the Rational Basis Test and Strict Scrutiny Central Bank Employees Association, Inc. vs. Bangko
—Intermediate Scrutiny (also known as Heightened Scrutiny). Sentral ng Pilipinas
The U.S. Supreme Court has generally applied Intermediate or Heightened Scrutiny 108
when the
challenged statute’s classification is based on either (1) gender or (2) illegitimacy.
Equal Protection Standards
Gender-based classifications are presumed unconstitutional as such classifications generally
provide no sensible ground for differential treatment. In City of Cleburne, Texas Rational Strict Scrutiny Intermediate
Basis Scrutiny
_______________
Applicable To Legislative Legislative Legislative
105 Id., at
pp. 98-99.
106 O.
classifications classifications affecting classifications based
STEPHENS & J. SCHEB II, AMERICAN CONSTITUTIONAL LAW 741 (2nd Ed., 1999).
107 Ibid. in fundamental rights or on gender or
108 Clark v. Jeter, 486 U.S. 456, 461 (1988). general,such suspect classes. illegitimacy
as those
504
pertaining to
economic or
504 SUPREME COURT REPORTS ANNOTATED social
legislation, nature of the rights affected (i.e. whether “fundamental” or not) and the character of the persons
which do not allegedly discriminated against (i.e. whether belonging to a “suspect class” or not). As determined
affect by these two parameters, the scope of application of each standard is distinct and exclusive of the
fundamental others. Indeed, to my knowledge, the American Court has never applied more than one standard
to a given set of facts, and where one standard was found115to be appropriate, the U.S. Supreme
rights or
Court has deliberately eschewed any discussion of another.
suspect Assuming that the equal protection standards evolved by the U.S. Supreme Court may be
classes; or is adopted in this jurisdiction,
not based on
gender or _______________
illegitimacy.
115 Vide Lying v. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America,
Legislative Must Must be compelling. Must be important. UAW, supra at 370:

Purpose be legitimate. Because the statute challenged here has no substantial impact on any fundamental interest and does not “affect with particularity any
protected class,” we confine our consideration to whether the statutory classification is rationally related to a legitimate government
Relationship Classification Classification must Classification must interest. x x x (Italics supplied)
of must be necessary and be substantially 507
Classification be rationally narrowly tailored to related to the
to Purpose related to the achieve the legislative legislative purpose.
VOL. 446, DECEMBER 15, 2004 507
legislative purpose.
purpose. Central Bank Employees Association, Inc. vs. Bangko
Appropriate Standard for Evaluating the Present Case there is no reason why the exclusive manner of their application should not be adopted also.
Which of the foregoing three standards should be applied in arriving at a resolution of the instant In the present case, the persons allegedly discriminated against (i.e. the rank and file
petition? employees of the BSP) and the rights they are asserting (to be exempted from the Compensation
Classification System prescribed by the Salary Standardization Law) remain the same, whether
the classification under review is between them and the executive officers of the BSP or the rank
Impropriety of a double standard for evaluating compliance with the equal protection and file employees of the LBP, DBP, SSS and GSIS.
guaranty It therefore stands to reason that the test or standard—whether Rational Basis, Strict
Scrutiny or Intermediate Scrutiny—against which petitioner’s claims should be measured should
As noted earlier, the main opinion, in arriving at its conclusion, simultaneously makes use
likewise be the same, regardless of whether the evaluation pertains to the constitutionality of (1)
of both the Rational Basis Test and the Strict Scrutiny Test. Thus, in assessing the va-
the classification expressly made in Section 15 (c) of The New Central Bank Act or (2) the
506 classification resulting from the amendments of the charters of the other GOCCs/GFIs.
To illustrate further, if petitioner’s constitutional challenge is premised on the denial of a
“fundamental right” or the perpetuation of prejudice against a “suspect class,” as suggested (but
506 SUPREME COURT REPORTS ANNOTATED not fully explicated) in the closing pages of the main opinion; then, following the trend in
Central Bank Employees Association, Inc. vs. Bangko American jurisprudence, the Strict Scrutiny Test would be applicable, whether the classification
Sentral ng Pilipinas being reviewed is that between the officers and rank and file of the BSP or between the rank and
file of the BSP and the rank and file of the other GOCCs/GFIs.
But certainly, the same group of BSP rank and file personnel cannot be considered a “non-
lidity of the classification between executi0ve and rank and file employees in Section 15 (c) of The suspect class” when compared to the BSP executive corps, but members of a “suspect class” when
New Central Bank Act, the Rational Basis Test was applied. In evaluating the distinction compared to the rank and file employees of the other GOCCs/GFIs. Neither could the rights they
between the rank and file employees of the BSP and the rank and file employees of the LBP, assert be simultaneously “fundamental” and “less than fundamental.” Consequently, it would be
DBP, SSS and GSIS, the Strict Scrutiny Test was employed. improper to apply the Rational Basis Test as the standard for one comparison and the Strict
Despite my best efforts, I fail to see the justification for the use of this “double standard” in Scrutiny Test for the other. To do so would be to apply the law
determining the constitutionality of the questioned proviso. Why a “deferential test” for one
comparison (between the executives and rank and file of the BSP) and a “strict test” for the other 508
(between the rank and file of the BSP and the rank and file of the other GOCCs/GFIs)?
As the preceding review of the standards developed by the U.S. Federal Supreme Court shows, 508 SUPREME COURT REPORTS ANNOTATED
the choice of the appropriate test for evaluating a legislative classification is dependent on the
Central Bank Employees Association, Inc. vs. Bangko existing conditions only.
Sentral ng Pilipinas “Substantial distinctions” must necessarily be derived from the objective factual circumstances
of the classes or groups that a statute seeks to differentiate. The classification must be real and
factual and not117wholly abstract, artificial, or contrived. Thus, in Victoriano v. Elizalde Rope
unevenly and, accordingly, deny the persons concerned “the equal protection of the laws.”
Workers’ Union, this Court stated:
“Relative Constitutionality” Not A Justification for the Double Standard We believe that Republic Act No. 3350 satisfies the aforementioned requirements. The Act classifies
It would appear that the employment of a “double standard” in the present case is sought to be employees and workers, as to the effect and coverage of union shop security agreements, into those who by
reason of their religious beliefs and convictions cannot sign up with a labor union, and those whose religion
justified somehow by the concept of relative constitutionality invoked by the main opinion. Thus,
does not prohibit membership in labor unions. The classification rests on real or substantial, not merely
the main opinion holds that the “subsequent enactments, however, constitute-significant changes imaginary or whimsical, distinctions. There is such real distinction in the beliefs, feelings and sentiments of
in circumstance that considerably alter the reasonability of the continued operation of the em-
last proviso of Section 15 (c), Article II of Republic Act No. 7653, and exposes the proviso to more
serious scrutiny.” _______________
The ponencia likewise invites this Court to reflect on the following questions: “Given that 117 Supra.
Congress chose to exempt other GFIs (aside the BSP) from the coverage of the SSL, can the
exclusion of the rank-and-file employees of the BSP stand constitutional scrutiny in the light of 510
the fact that Congress did not exclude the rank-and-file employees of the other GFIs? Is Congress’
power to classify unbridled as to sanction unequal and discriminatory treatment, simply because
the inequity manifested not instantly through a single overt act, but gradually through seven 510 SUPREME COURT REPORTS ANNOTATED
separate acts? Is the right to equal protection bounded in time and space that: (a) the right can be Central Bank Employees Association, Inc. vs. Bangko
invoked only against classification made directly and deliberately, as opposed to discrimination
that arises indirectly as a consequence of several other acts? and (b) is the legal analysis confined
to determining the validity within the parameters of the statute x x x thereby proscribing any
evaluation vis-à-visthe116 groupings or the lack thereof among several similar enactments made ployees. Employees do not believe in the same religious faith and different religions differ in their dogmas
and cannons. Religious beliefs, manifestations and practices, though they are found in all places, and in all
over a period of time?”
times, take so many varied forms as to be almost beyond imagination. There are many views that comprise
To clarify, it was never suggested that judicial review should be confined or limited to the the broad spectrum of religious beliefs among the people. There are diverse manners in which beliefs,
questioned statute itself equally paramount in the lives of their possessors, may be articulated. Today the country is far more
heterogenous in religion
118
than before, differences in religion do exist, and these differences are important and
_______________ should not be ignored. (Emphasis supplied)
116 Main Opinion at 24-25. In the words
119
of Justice Jackson of the U.S. Supreme Court in Walters v. City of St. Louis,
509
Missouri:
x x x Equal protection does not require identity of treatment. Itonly requires that classification rest on
real and not feigned differences, that the distinctions have some relevance to the purpose for
VOL. 446, DECEMBER 15, 2004 509 which the classification is made, and that the different treatments be not so disparate, relative
120
Central Bank Employees Association, Inc. vs. Bangko to the difference in classification, as to be wholly arbitrary. x x x (Emphasis and italics supplied)
Sentral ng Pilipinas For this reason, in reviewing legislation challenged on equal protection grounds—particularly
when a statute otherwise valid on its face is alleged to be discriminatory in its application—a
without considering other related laws. It is well within the powers of this Court to resolve the court must often look beyond the four corners of the statute and carefully examine the factual
issue of whether the subsequent amendments of the charters of other GOCCs and other GFIs circumstances of the case before it.
altered the constitutionality of Section 15 (c) of the New Central Bank Act. Thus,121in Ermita-Malate Hotel and Motel Operators Associations, Inc. v. Hon. City Mayor of
It is, however, what to me is the improper resort by the main opinion to relative Manila, this Court, in reversing a trial court decision invalidating an ordinance regulating the
constitutionality, and as to be subsequently demonstrated, the use of an inappropriate standard operation of motels and hotels in Manila, held:
for equal protection analysis, that constrained me to register my dissent.
As illustrated in the main opinion, “relative constitutionality” refers to the principle that a _______________
statute may be constitutionally valid as applied to one set of facts and invalid in its application 118 Id., at
pp. 78-79.
to another set of facts. Thus, a statute valid at one time may become void at another timebecause 119 347 U.S. 231 (1954).
of altered factual circumstances. 120 Id., at
p. 237.
This principle is really a corollary to the requirements that a valid classification (a) must be 121 127 Phil. 306; 20 SCRA 849 (1967).
based on real and substantial (not merely superficial) distinctions and (b) must not be limited to
511
things included and those excluded.’ There must, in other words, be a basis for
distinction.Furthermore, such classification must be germane and pertinent to the purpose of the law. And,
VOL. 446, DECEMBER 15, 2004 511 finally, the basis of classification must, in general, be so drawn
124
that those who stand in substantially the
same position with respect to the law are treated alike. x x x (Emphasis and italics supplied)
125
Sentral ng Pilipinas A similar
126
thought was expressed in Medill v. State of Minnesota, cited in the main
opinion, where the State Supreme
Primarily what calls for a reversal of such a decision is the absence of any evidence to offset the presumption
of validity that attaches to a challenged statute or ordinance. As was expressed categorically by Justice _______________
Malcolm: “The presumption is all in favor of validity . . . . The action of the elected representatives of the
123 82SCRA 30 (1978).
people cannot be lightly set aside. The councilors must, in the very nature of things, be familiar with the
124 Id., at
p. 54.
necessities of their particular municipality and with all the facts and circumstances which surround the 125 477 N.W. 2d 703 (1991).
subject and necessitate action. The local legislative body, by enacting the ordinance, has in effect given 126 The case of In re: Cook, 138 B.R. 943 (1992) decided by the U.S. Bankruptcy Court and cited in the main opinion as
notice that the regulations are essential to the well being of the people . . . The Judiciary should not lightly
following Medill with reservations does not appear to be in point. The former cites Medill with respect to the matter of
set aside legislative action when there is not a clear invasion of personal or property rights under the guise
punitive damages, to wit:
of police regulation.”
It admits of no doubt therefore that there being a presumption of validity, the necessity for Last, the Medill court found that “punitive damages are not in the nature of compensatory damages and thus are not exempt from
evidence to rebut it is unavoidable, unless the statute or ordinance is void on its face, which is not creditors.” While the Medillopinion gave a clear answer, I am still confused. The opinion lacks any reasons for
the case here. The principle has been nowhere better expressed than in the leading case of O’Gorman & 513
Young v. Hartford Fire Insurance Co., where the American Supreme Court through Justice Brandeis tersely
and succinctly summed up the matter thus: “The statute here questioned deals with a subject clearly within
the scope of the police power. We are asked to declare it void on the ground that the specific method of VOL. 446, DECEMBER 15, 2004 513
regulation prescribed is unreasonable and hence deprives the plaintiff of due process of law. As underlying
questions of fact may condition the constitutionality of legislation of this character, the Central Bank Employees Association, Inc. vs. Bangko
presumption of constitutionality must prevail in the absence of some factual foundation of Sentral ng Pilipinas
record for overthrowing the statute.”No such factual foundation being laid in the present case, the
lower court deciding the matter on the pleadings and the stipulation
122
of facts, the presumption of validity 127
must prevail and the judgment against the ordinance set aside. (Emphasis and italics supplied) Court of Minnesota reversed a decision of the U.S. Bankruptcy Court and held that a statute
exempting “[r]ights of
_______________
122 Id., at pp. 314-315; Motion for Reconsideration denied in Ermita-Malate Hotel and Motel Operators Associations,
_______________
Inc. v. Hon. City Mayor of Manila, 128 Phil. 473, 21 SCRA 449 (1967); vide Peralta v. Commission on Elections, supra, at the conclusion. I don’t know if the court’s decision was based on the Minnesota Constitution, the exemption statute or both, i.e., Is the
p. 55. court saying that punitive damages are not within the scope of § 550.37, subd. 22 or is it saying that the statute is unconstitutional as
applied to punitive damages. Once again, it does not really matter. The result is clear. A claim for punitive damages is not exempt. (At
512 946)
127 Citing the earlier State case of Grobe v. Oak Center Creamery Co.,113 N.W. 2d 458, where the Minnesota Supreme
Court stated:
We cannot agree with the relators that a review of the facts bearing upon the application of the statute is not necessary to determine
Central Bank Employees Association, Inc. vs. Bangko the constitutional issue. The constitutionality of a statute cannot in every instance be determined by a mere comparison of
its provisions with the applicable provisions of the constitution. A statute may be constitutional and valid as applied to
Sentral ng Pilipinas one set of facts and invalid in its application to another. This is particularly true of statutes granting the right of eminent
domain. We have in recent years considered a number of cases involving the constitutionality of such statutes and have
considered that question against the factual background of each case. The records in each of these cases, including the
123
Dairyland case which was reviewed on certiorari, came to us with a settled case.
And in Peralta v. Commission on Elections, this Court stated: The legislation comes to this court with a presumption in favor of its constitutionality. Where, as here, we cannot say the statute
is inherently unconstitutional, its validity must stand or fall upon the record before the lower court and not upon
The equal protection clause does not forbid all legal classifications. What [it] proscribes is a classification assumptions this court might make in the absence of proof incorporated in a settled case. This is not a case where the
which is arbitrary and unreasonable. It is not violated by a reasonable classification based upon substantial constitutional facts are adequately ascertainable by judicial notice or even judicial assumption. Because of the absence
of a settled case or a certificate of the trial judge as to the accuracy and completeness of the record, we decline to pass
distinctions, where the classification is germane to the purpose of the law and applies equally to all those upon the constitutionality of the act. (At 460; emphasis supplied; citations omitted)
belonging to the same class. The equal protection clause is not infringed by legislation which applies only to
those persons falling within a specified class, if it applies alike to all persons within such class, and 514
reasonable grounds exist for making a distinction between those who fall within the class and those who do
not. There is, of course, no concise or easy answer as to what an arbitrary classification is. No
definite rule has been or can be laid down on the basis of which such question may be 514 SUPREME COURT REPORTS ANNOTATED
resolved. The determinationmust be made in accordance with the facts presented by
theparticular case. The general rule, which is well-settled by the authorities, is that a Central Bank Employees Association, Inc. vs. Bangko
classification, to be valid, mustrest upon material differences between the persons, activities or Sentral ng Pilipinas
action for injuries to the person of the debtor or of a relative” from “attachment, garnishment, or is it necessary that the classification be made with mathematical nicety. Hence legislative
sale on any final process, issued from any court,” did not contravene the provisions of the classification may in many cases properly rest on narrow distinctions, for the equal protection
Minnesota Constitution limiting exemptions to a “reasonable amount” to be determined by law. guaranty does not preclude the legislature
130
from recognizing degrees of evil or harm, and legislation is
addressed to evils as they may appear. (Emphasis supplied; citations omitted)
The Minnesota Court held:
x x x we must determine here whether there is an objective measure which limits the amount or extent of _______________
the personal injury right of action exemption since there is no dollar limit or “to the extent reasonably
128 Supra at pp. 706-708.
necessary” limiting language on the face of the provision. The trustee argues that the case is “incredibly
129 Supra.
simple” because there is no language on the face of the statute purporting to limit the exemption. The state
130 Id., at p. 78.
and debtors argue that the judicial determination of general damages in a personal injury action is based on
objective criteria; therefore, the amount of the exemption is reasonable and “determined by law” under 516
article 1, section 12. We think that the latter interpretation is reasonable and that the trustee has failed to
meet his burden of proving beyond a reasonable doubt that the provision is unconstitutional.
xxx 516 SUPREME COURT REPORTS ANNOTATED
Here, the resolution of the Medills’ personal injury action involved a judicial determination of an amount
that reasonably compensated them for their injuries. The Medills’ recovery was reasonably limited by a Central Bank Employees Association, Inc. vs. Bangko
jury’s determination of damages, which was then approved by a court. Contrary to the trustee’s argument, Sentral ng Pilipinas
we believe that the limits on out-of-court settlements are similarly reasonable. First, unless a statute is
inherently unconstitutional, “its validity must stand or fall upon the record before the court and
not upon assumptions this court might [otherwise] make * * *.” Grobe v. Oak Center Creamery To be sure, this Court has adjudged as valid statutes providing for differences in treatment
131
Co., 262 Minn. 60, 63, 113 N.W.2d 458, 460 (1962). Moreover, even in the case of an out-of-court settlement, between: inter-urban buses and provincial buses; taxpayers receiving compensation income and
132 133
the “inherent” limitation on the right of action still exists; the amount of a settlement is limited to or by the other taxpayers; male134overseas workers and female overseas workers; electric cooperatives
extent of injury, and no party will agree to an “unreasonable” settlement.
and other cooperatives; businesses135inside the secured area of the Subic Special Economic Zone
The trustee vigorously argues that the court must go considerably beyond the plain language of the
statute and rules of statutory construction to impose the required constitutional limit on the exemption and those outside the secured area; public officers with pending criminal cases136which have not
provision at issue here. However, the constitutionality of a statute cannot in every instance be yet gone to trial and those with cases wherein trial has already commenced; and City and
determined by a mere comparison of its provisions with the applicable provi- Municipal 137
Election Officers of the Commission On Elections (COMELEC) and other COMELEC
officials.
515 Nevertheless, to be substantial, these distinctions, no matter how finely drawn, must still be
rooted on some objective factual foundation; and cannot be left to the arbitrary, whimsical or
VOL. 446, DECEMBER 15, 2004 515 capricious imagination of the law maker.
Thus, relative constitutionality, as I understand it, merely acknowledges that the factual
Central Bank Employees Association, Inc. vs. Bangko circumstances which form the bases for the substantial and real distinctions between two
Sentral ng Pilipinas classes may change over time. Thus, it is entirely possible that a legislative classification held to
be valid at one time upon a particular state of facts may be subsequently invalidated if the factual
sions of the constitution. A statute may be constitutional and valid as applied to one set of facts basis for the substantial distinctions138 that existed between the two classes has ceased to exist.
and invalid in its application to another. Grobe, 262 Minn. at 62, 113 N.W.2d at 460. Thus, unless we Cessante ratione legis, cessat ipsa lex.
find the exemption unconstitutional on its face, 128
it must be unconstitutional as applied to the
facts of the instant case in order to be stricken. (Emphasis supplied) _______________
This does not mean that the factual differences must be prominent for the distinction between 131 Luque v. Villegas, 30 SCRA 408 (1969).
132 Sison v. Ancheta, supra.
two classes to be substantial. Nor are fine distinctions between two classes, otherwise sharing 133 Philippine Association of Service Exporters, Inc. v. Drilon, 163 SCRA 386 (1988).
several common attributes, prohibited. Thus, the Court in Peralta, went on to state: 134 Tolentino v. Secretary of Finance, supra.
135 Tiu v. Court of Appeals, G.R. No. 127410, January 20, 1999, 301 SCRA 278.
x x x It is, however, conceded that it is almost impossible in some matters to foresee and provide for every 136 Lacson v. Executive Secretary, G.R. No. 128096, January 20, 1999, 301 SCRA 298.
imaginable and exceptional case. Exactness in division is impossible and never looked for in 137 De Guzman v. Commission on Elections, 336 SCRA 188 (2000).
applying the legal test. All that is required is that there must be, in general, some reasonable 138 When the reason of the law ceases, the law itself ceases.
basis on general lines for the division. Classification which has some reasonable basis does not
offend the equal protection clause merely because it is not made with mathematical 517
nicety. (Emphasis supplied; citations omitted)
129
The pronouncement in Victoriano v. Elizalde Rope Workers’ Union, is also instructive: VOL. 446, DECEMBER 15, 2004 517
In the exercise of its power to make classifications for the purpose of enacting laws over matters within its Central Bank Employees Association, Inc. vs. Bangko
jurisdiction, the state is recognized as enjoying a wide range of discretion. It is not necessary that the Sentral ng Pilipinas
classification be based on scientific or marked differences of things or in their relation. Neither
Just such139a possibility was acknowledged by the U.S. Supreme Court in Chastleton Corporation v. Since, the General Assembly had before it several studies which concluded that $250,000 would cover most noneconomic damage
claims, the Legislature did not act arbitrarily in enacting the cap at $350,000. It is also significant that the cap applies to all personal
Sinclair, where the Court, speaking through Justice Holmes, declared: injury claimants equally rather than singling out one category of claimants. Therefore, we hold that the legislative classification drawn
by § 11-108 between tort claimants whose noneconomic damages are less that $350,000 and tort claimants whose noneconomic
The original Act of October 22, 1919, c. 80, tit. 2, 41 Stat. 297, considered in Block v. Hirsh, was limited to damages are greater than $350,000, and who are thus subject to the cap, is not irrational or arbitrary. It does not violate the equal
protection component of Article 24 of the Declaration of Rights. (At 115-116; citations omitted).
expire in two years. Section 122. The Act of August 24, 1921, c. 91, 42 Stat. 200, purported to continue it in
force, with some amendments, until May 22, 1922. On that day a new act declared that the emergency 142 307 N.Y. 493 (1954).
described in the original title 2 still existed, reenacted with further amendments the amended Act of 1919,
and provided that it was continued until May 22, 1924. Act of May 22, 1922, c. 197, 42 Stat. 543. 519
We repeat what was stated in Block v. Hirsh, as to the respect due to a declaration of this kind by the
Legislature so far as it relates to present facts. But even as to them a Court is not at liberty to shut its eyes
to an obvious mistake, when the validity of the law depends upon the truth of what is declared. And still VOL. 446, DECEMBER 15, 2004 519
more obviously so far as this declaration looks to the future it can be no more than prophecy and is liable to
be controlled by events. A law depending upon the existence of an emergency or othercertain state Central Bank Employees Association, Inc. vs. Bangko
of facts to uphold it may cease 140
to operate if the emergency ceases or the facts change even Sentral ng Pilipinas
though valid when passed. x x x (Emphasis supplied; citations omitted)
141
Indeed, this appears to be the thrust of the cases cited by the main opinion to illustrate relative which its use as a car park remained a valid nonconforming use. In 1951, the area was sold to
constitutionality: Vernon Park Realty which applied for, but did not obtain, a permit to build a retail shopping
center (prohibited under the 1927 ordinance). In 1952, after Vernon Park had brought suit to
declare the 1927 ordinance unconstitutional, the city’s common council amended the zoning
_______________
ordinance to prohibit the use of the property for any purpose except the parking and storage of
139 265U.S. 543 (1924). automobiles and the continuance of prior nonconforming uses. The Court of Appeals of New York
140 Id., at
pp. 547-548. found the 1927 zoning ordinance and the 1952 amendment illegal and void, ruling that:
141 Murphy v. Edmonds, 601 A. 2d 102 (1992), decided by the Maryland Supreme Court, is cited in the main opinion in
support of the proposition that “a statute valid at one time may become void at another time because of altered While the common council has the unquestioned right to enact zoning laws respecting the use of property in
circumstances.” However, the text of the decision does not appear to touch on relative constitutionality. accordance with a well-considered and comprehensive plan designed to promote public health, safety and
In Murphy, appellants challenged the constitutionality of a statute providing for a US$350,000 statutory cap on non- general welfare, such power is subject to the constitutional limitation that it may not be exerted arbitrarily
economic damages in personal injury actions. The Maryland Supreme Court held: or unreasonably and this is so whenever the zoning ordinance precludes the use of the property for any
We reject the plaintiffs’ contention that the classification created by § 11-108 of the Courts and Judicial Proceedings Article is subject to
purpose for which it is reasonably adapted. By the same token, an ordinance valid when adopted will
any level of scrutiny higher than the traditional, def- nevertheless be stricken down as invalid when, at a later time, its operation under changed conditions proves
confiscatory such, for instance, as when
143
the greater part of its value is destroyed for which the courts will
518 afford relief in an appropriate case. (Emphasis supplied; citations omitted)
144
In Nashville, Chatanooga & St. Louise Railways v. Walters, the petitioners questioned the
518 SUPREME COURT REPORTS ANNOTATED constitutionality of a provision of the Tennessee Public Acts of 1921, which authorized the state
Central Bank Employees Association, Inc. vs. Bangko highway commissioner to require the separation of grades whenever a state highway crosses a
Sentral ng Pilipinas railroad if in its discretion “the elimination of such grade crossing is necessary for the protection
of persons traveling on any such highway or any such railroad” and requiring the railroad
142 company to pay in every case, one-half of the total cost of the separation of grades. In remanding
The case of Vernon Park Realty v. City of Mount Vernon concerned a parcel of land adjacent to a the case to the Supreme
railroad station and located in the middle of a highly developed business district had continually
been used as a car park. In 1927 it was placed in a Residence ‘B’ district under a zoning ordinance
_______________
under
143 Id., at pp. 498-499.
144 294 U.S. 405 (1935).
_______________
erential rational basis test. Moreover, we disagree with the holdings in the above-cited cases applying heightened scrutiny to legislative
520
caps upon recoverable damages. Whatever may be the appropriate mode of equal protection analysis for some other statutory
classifications, in our view a legislative cap of $350,000 upon the amount of noneconomic damages which can be awarded to a tort
plaintiff does not implicate such an important “right” as to trigger any enhanced scrutiny. Instead, the statute represents the type of
economic regulation which has regularly been reviewed under the traditional rational basis test by this Court and by the Supreme
Court.
xxx Central Bank Employees Association, Inc. vs. Bangko
The General Assembly’s objective in enacting the cap was to assure the availability of sufficient liability insurance, at a reasonable
cost, in order to cover claims for personal injuries to members of the public. This is obviously a legitimate legislative objective. A cap on
noneconomic damages may lead to greater ease in calculating premiums, thus making the market more attractive to insurers, and
ultimately may lead to reduced premiums, making insurance more affordable for individuals and organizations performing needed
services. The cap, therefore, is reasonably related to a legitimate legislative objective. Court of Tennessee, the U.S. Federal Supreme Court declared:
The Supreme Court [of Tennessee] declined to consider the Special facts relied upon as showing that the automobile, bus and truck transportation upon the paved highways of the State than by all the railroads operating within said State;
whatever hazard, jeopardy or danger there now may be to property or to passengers on railroad trains from the failure to fence the
order, and the statute as applied, were arbitrary and unreasonable; and did not pass upon the question railroad tracks, exists to an equal, and in many instances, to a greater degree in re-
whether the evidence sustained those findings. It held that the statute was, upon its face, constitutional;
that when it was passed the state had, in the exercise of its police power, authority to impose upon railroads 522
one-half of the cost of eliminating existing or future grade crossings; and that the court could not “any more”
consider “whether the provisions of the act in question have been rendered burdensome or unreasonable by
changed economic and transportation conditions,” than it “could consider changed mental attitudes to 522 SUPREME COURT REPORTS ANNOTATED
determine the constitutionality or enforceability of a statute.” A rule to the contrary is settled by the
decisions of this Court. A statute valid as to one set of facts may be invalid as to another. A statute valid Central Bank Employees Association, Inc. vs. Bangko
when enacted may become invalid by change in the conditions to which it is applied. The police power is Sentral ng Pilipinas
subject to the constitutional limitation that it may not be exerted arbitrarily or unreasonably. To this
limitation, attention was specifically called in cases which have applied most broadly the power to impose
upon railroads the cost of separation of grades. of these changes, it was unfair, unjust and inequitable to require railroad companies to fence
First. Unless the evidence and the special facts relied upon were of such a nature that they could not their tracks to protect against livestock roaming at large without making a similar requirement
conceivably establish that the action of the state in imposing upon the railway one-half of the cost of the for the owners of automobiles, trucks and buses carrying passengers on the unfenced public
underpass was arbitrary and unreasonable, the Supreme Court [of Tennessee] obviously erred in refusing to highways. In ruling that the questioned statutes violated the equal protection guaranty, the
consider them. The charge of arbitrariness is based primarily upon the revolutionary changes Supreme Court of Florida reasoned:
incident to transportation wrought in recent years by the widespread introduction of motor
vehicles; the assumption by the federal government of the functions of road builder; the It stands adjudicated that the purpose of the statutes, supra, is the protection against accidents to life and
resulting depletion of rail revenues; the change in the character, the construction, and the use property in conducting public transportation and that such statutes are in the exercise of the police power. It
of highways; the change in the occasion for elimination of grade crossings, in the purpose of cannot be questioned that those transportation companies engaged as common carriers on the public roads
such elimination, and in the chief beneficiaries thereof; and the change in the relative and those so engaged on their privately owned roads such as railroad companies, owe like duties to the
responsibility of the railroads and vehicles moving on the highways as elements of danger and public and are under like obligations for the protection against accidents to life and property in conducting
causes of accidents. x x x such business.
xxx
521 _______________
spect to the property and passengers carried in such automobiles, trucks and busses; since the year 1889, the numbers of domestic
livestock roaming at large in Florida have continuously decreased so that at all times mentioned in the Declaration herein
VOL. 446, DECEMBER 15, 2004 521 approximately 70% of the domestic livestock in Florida does not and did not roam at large, whereas in 1889 practically all domestic live
stock in Florida did roam at large, and by consequence of such changed conditions the burden placed by said statutes upon this
Defendant as a railroad company has become and is greatly disproportionate to the public good or benefit, and an unreasonable expense
Central Bank Employees Association, Inc. vs. Bangko on this Defendant; it has been many years since any property being carried by a railroad train in Florida has been damaged, injured or
Sentral ng Pilipinas destroyed, or any persons being so carried killed or injured, as a result of a collision between a railroad train and domestic live stock;
but injury to and death of persons being carried in automobiles and trucks upon the public highways of the State resulting in collisions
between motor driven vehicles and domestic live stock are a matter of almost daily occurrence, and in each of the years 1937, 1938 and
1939, from 20 to 25 persons were so killed; x x x (at pp. 245-246).
Second. x x x The promotion of public convenience will not justify requiring of a railroad, any more than of
others, the expenditure
145
of money, unless it can be shown that a duty to provide the particular convenience 523
rests upon it. (Emphasis supplied; citations omitted)
146
In Atlantic Coast Line Railroad Co. v. Ivey, an action for damages was filed against the Atlantic VOL. 446, DECEMBER 15, 2004 523
Coast Line Railroad Company for the killing of a cow on an unfenced right of way under certain
Florida statutes authorizing the recovery of double damages plus attorney’s fees for animals Central Bank Employees Association, Inc. vs. Bangko
killed on unfenced railroad right of way, without proof of negligence. The railroad company Sentral ng Pilipinas
alleged that several changes in economic,
147
transportation and safety conditions had occurred since
these statutes were passed in 1899 and that, in view It is well settled that a statute valid when enacted maybecome invalid by change in conditions to
which it is applied. The allegations of the pleas are sufficient to show, and the demurrer admits, that
_______________ compliance with the statute places a burden of expense on the railroad company to provide for the safety of
life and property of those whom it assumes to serve which is not required to be borne by competitive motor
145 Id., at
pp. 414-429. carriers which subject the lives and property of those whom they assume to serve to greater hazards of the
146 5So. 2d 244 (1941). identical character which the railroad is required to so guard against and it is also shown that under the
147 Atlantic Coast Line Railroad Co. alleged:
statutes penalties are imposed on the railway earlier in favor of individuals who are neither shippers nor
“In the year 1899 when said statutes were passed, there were no paved highways in the State of Florida, no automobiles, no motor passengers.
busses, no motor trucks, and substantially all the freight and passenger traffic into, in and out of the State of Florida was transported Under the statutes, as shown by the record here, the railway common carrier is not only required to carry
by railroads; today there are many thousands of paved highways in Florida, thousands of automobiles, and hundreds of motor busses the burden of fencing its traffic line for the protection of the persons and property it transports, while other
and motor trucks carrying and transporting daily, besides their operators, property of great value and thousands of passengers at rates
of speed fairly comparable to, and in many instances exceeding, the rate of speed at which the Defendant operates its trains; much of
common carriers are not required to provide the like protection, but in addition to this, there is another
said freight and passenger transportation is for hire and is in competition with the transportation of passengers and freight by the gross inequality imposed by the statute, viz.: Under the statutes the plaintiff to whom the carrier, as
defendant and other railroad companies in the State, and at some seasons of the year more passengers in number are carried by said such, was under no obligations, was allowed to recover double the value of the animal killed,
plus $50 as attorney’s fees, and was not required to prove any act of negligence on the part of the VOL. 446, DECEMBER 15, 2004 525
carrier in the operation of its equipment, while if a common carrier bus or truck had by the
operation of its equipment killed the same animal in the same locality, the plaintiff would have Central Bank Employees Association, Inc. vs. Bangko
been required to prove negligence in the operation of the equipment and the common carrier Sentral ng Pilipinas
would have
148
been liable only for the value of the animal. This certainly is not equal protection of
the law. (Emphasis and underscoring supplied; citations omitted)
had killed the same animal, the owner would have been required to prove negligence in the
149
Similarly, the case of Louisville & Nashville Railroad Co. v. Faulkner concerned an action to operation of its equipment. Said the court, ‘This certainly is not equal protection of the law.’
recover the value of a mule killed by the railroad company’s train under a Kentucky statute As stated in Markendorf v. Friedman, 280 Ky. 484, 133 S.W.2d 516, 127 A.L.R. 416, appeal
dismissed Friedman v. Markendorf, 309 U.S. 627, 60 S.Ct. 610, 84 L.Ed. 987, the purpose of the
which made the killing or injury of cattle by railroad engines or cars prima facie evidence of
provisions of §§ 3 and 59 of the Kentucky Constitution and of the Fourteenth Amendment to the
negligence on the part of the railroad’s agents or servants. The Kentucky Supreme Federal Constitution is to place all persons similarly situated upon a plane of equality and to
render it impossible for any class to obtain preferred treatment. Applying this proscription of
_______________ inequality and unreasonable discrimination, we held invalid an amendment to a statute regulating motor
transportation for hire which exempted from the operation of the statute such vehicles engaged in
148 Supra at pp. 246-247. transporting farm products. Priest v. State Tax Commission, 258 Ky. 391, 80 S.W.2d 43.
149 307 S.W. 2d 196 (1957). We, therefore, hold that the part of KRS 277.330 which imposes a duty upon a railroad company of
524
proving that it was
150
free from negligence in the killing or injury of cattle by its engine or cars is invalid and
unconstitutional. (Emphasis supplied; italics in the original)
151
524 SUPREME COURT REPORTS ANNOTATED Finally, in Rutter v. Esteban, this Court invalidated Section 2 of R.A. No. 342 providing for an
eight-year moratorium period within which a creditor could not demand payment of a monetary
Central Bank Employees Association, Inc. vs. Bangko obligation contracted before December 8, 1941 (counted from the settlement of the war damage
Sentral ng Pilipinas claim of the debtor) after taking judicial notice of the significant change in the nation’s economic
circumstances in 1953, thus it held:
Court, following the rulings in Nashville and Atlantic Coast, adjudged the questioned statute to x x x We do not need to go far to appreciate this situation. We can see it and feel it as we gaze around to
be unconstitutional, viz.: observe the wave of reconstruction and rehabilitation that has swept the country since liberation thanks to
the aid of America and the innate progressive spirit of our people. This aid and this spirit have worked
The present statute which places the duty upon a railroad company to prove it was free from negligence in wonders in so short a time that it can now be safely stated that in the main the financial
killing an animal upon its track is an act of 1893. The genesis of the legislation, however, goes back to the
beginning of railroad transportation in the state. The constitutionality of such legislation was _______________
sustained because it applied to all similar corporations and had for its object the safety of
persons on a train and the protection of property. Louisville & N. R. Co. v. Belcher, 89 Ky. 193, 12 150 Id., at pp. 197-198.
151 93 Phil. 68 (1953).
S.W. 195, 11 Ky. Law Rep. 393, a decision rendered in 1889.
Of course, there were no automobiles in those days. The subsequent inauguration and 526
development of transportation by motor vehicles on the public highways by common carriers of
freight and passengers created even greater risks to the safety of occupants of the vehicles and
of danger of injury and death of domestic animals. Yet, under the law the operators of that mode 526 SUPREME COURT REPORTS ANNOTATED
of competitive transportation are not subject to the same extraordinary legal responsibility for
killing such animals on the public roads as are railroad companies for killing them on their Central Bank Employees Association, Inc. vs. Bangko
private rights of way. Sentral ng Pilipinas
The Supreme Court, speaking through Justice Brandeis in Nashville, C. & St. L. Ry. Co. v. Walters, 294
U.S. 405, 55 S.Ct. 486, 488, 79 L.Ed. 949, stated, ‘A statute valid when enacted may become invalid
by change in the conditions to which it is applied. The police power is subject to the limitation that it condition of our country and our people, individually and collectively, has practically returned to normal
may not be exerted arbitrarily or unreasonably.’ A number of prior opinions of that court are cited in support notwithstanding occasional reverses caused by local dissidence and the sporadic disturbance of peace and
of the statement. See 11 Am.Jur., Constitutional Law, § 102. order in our midst. Business, industry and agriculture have picked up and developed at such stride that we
The State of Florida for many years had a statute, F.S.A, § 356.01 et seq. imposing extraordinary and can say that we are now well on the road to recovery and progress. This is so not only as far as our
special duties upon railroad companies, among which was that a railroad company was liable for double observation and knowledge are capable to take note and comprehend but also because of the official
damages and an attorney’s fee for killing livestock by a train without the owner having to prove any act of pronouncements made by our Chief Executive in public addresses and in several messages he submitted to
negligence on the part of the carrier in the operation of his train. In Atlantic Coast Line Railroad Co. v. Ivey, Congress on the general state of the nation. x x x
148 Fla. 680, 5 So.2d 244, 247, 139 A.L.R. 973, it was held that the changed conditions brought about xxx
by motor vehicle transportation rendered the statute unconstitutional since if a common carrier In the face of the foregoing observations, and consistent with what we believe to be as the only
by motor vehicle course dictated by justice, fairness and righteousness, we feel that the only way open to us under the
present circumstances is to declare that the continued operation and enforcement of Republic
525 Act No. 342 at the present time is unreasonable and oppressive,and should not be prolonged a
minute
152
longer, and, therefore, the same should be declared null and void and without effect. x x
x (Emphasis supplied)
As the financial ruin and economic devastation which provided the rationale for the enactment of 528 SUPREME COURT REPORTS ANNOTATED
R.A. No. 342 was no longer present, this Court did not hesitate to rule that the continued
enforcement of the statute was “unreasonable and oppressive, and should not be prolonged a Central Bank Employees Association, Inc. vs. Bangko
minute longer.” Sentral ng Pilipinas
In the case at bar, however, petitioner does not allege a comparable change in the factual
milieu as regards the compensation, position classification and qualifications standards of the x x x Every new statute should be construed in connection with those already existing in relation
employees of the BSP (whether of the executive level or of the rank and file) since the enactment to the same subject matter and all should be made to harmonize and stand together, if they can
of The New Central Bank Act. Neither does the main opinion identify the relevant factual be done by any fair and reasonable interpretation . . . . It will also be noted that Section 2309 of the
changes which may have occurred vis-à-vis the BSP personnel that may justify the application of Revised Administrative Code and Section 2 of Republic Act No. 2264 (Local Autonomy Act) refer to the same
the principle of relative constitutionality as above-discussed. Nor, to my knowledge, are there any subject matter—enactment and effectivity of a tax ordinance. In this respect they can be considered in pari
materia. Statutes are said to be in pari materia when they relate to the same person or thing, or to
relevant factual changes of which
the same class of persons or things, or have the same purpose or object. When statutes are in pari
materia, the rule of statutory construction dictates that they should be construed together. This
_______________ is because enactments of the same legislature on the same subject matter are supposed to form
152 Id., at
part of one uniform system; that later statutes are supplementary or complimentary to the
pp. 81-82.
earlier enactments and in the passage of its acts the legislature is supposed to have in mind the
527 existing legislation on the same subject and to have enacted its new act with reference thereto.
Having thus in mind the previous statutes relating to the same subject matter, whenever the
legislature enacts a new law, it is deemed to have enacted the new provision in accordance with
VOL. 446, DECEMBER 15, 2004 527 the legislative policy embodied in those prior157statutes unless there is an express repeal of the
old and they all should be construed together. (Emphasis and italics supplied; citations omitted)
Sentral ng Pilipinas Here, it can be said that the Salary Standardization Law, the New Central Bank Act, and the
amended charters of the other GOCCs and GFIs are in pari materia insofar as they pertain
to compensation and position classification system(s) covering government
this Court may take judicial knowledge. Hence, it is difficult to see how relative constitutionality employees. Consequently, the provisions of these statutes concerning compensation and position
may be applied to the instant petition. classi-
Moreover, even if such factual changes were alleged and proved or judicially discoverable, still
there is absolutely nothing in any of the cases above-cited which would justify the simultaneous
_______________
application of both the Rational Basis153 Test and the Strict Scrutiny Test. In fact, in the case
of Louisville & Nashville Railroad Co., wherein a statute previously held to have complied with 157 Id., at pp. 183-184; vide C & C Commercial Corporation v. National Waterworks and Sewerage Authority, G.R. L-
the requirements of the equal protection clause in 1889 was subsequently ruled to have violated 27275, November 18, 1967; Maceda v. Macaraig, 223 SCRA 217 (1993); Natividad v. Felix, 229 SCRA 680 (1994); Manila
the equal protection guaranty in 1957 due to changed factual conditions, the only test applied Jockey Club, Inc. v. Court of Appeals, 300 SCRA 181(1998); Vda. de Urbano v. Government Service Insurance System, 367
154
SCRA 672 (2001).
in bothinstances was the Rational Basis Test.
It is true that petitioner alleges that its members’ claim to exemption from the Compensation 529
Classification System under the Salary Standardization Law was bolstered by the amendments
to the charters of the LBP, DBP, SSS and GSIS, which exempted all the employees of these
GOCCs/GFIs from said Compensation Classification System. However, these subsequent VOL. 446, DECEMBER 15, 2004 529
amendments do notconstitute factual changes in the context of relative constitutionality. Rather, Central Bank Employees Association, Inc. vs. Bangko
they involve subsequent legislative classifications which should be evaluated in accordance with Sentral ng Pilipinas
the appropriate standard.
To assess the validity of the questioned proviso in the light of subsequent legislation,
155
all that
need be applied is the familiar rule that statutes that are in pari materia should be read fication, including the legislative classifications made therein, should all be read and evaluated
156
together. As this Court declared in City of Naga v. Agna, viz.: together in the light of the equal protection clause. Consequently, the relevant question is
whether these statutes, taken together as one uniform system of compensation for government
_______________
employees, comply with the requisites of the equal protection guaranty.
153 Supra. Rational Basis Test Appropriate to the Case at Bar
154 Notably, the application of “rigid scrutiny” in equal protection analysis was espoused as early as 1944 in the case
of Korematsu v. U.S., supra. Turning then to the determination of the standard appropriate to the issues presented by the
155 I.e. relating to the same matter. instant petition, it is immediately apparent that Intermediate Scrutiny, inasmuch as its
156 71 SCRA 176 (1976). application has been limited only to classifications based on gender and illegitimacy, finds no
application to the case at bar.
528
The choice of the appropriate standard is thus narrowed between Strict Scrutiny and the 531
Rational Basis Test. As has been observed, Strict Scrutiny has been applied in the American
context when a legislative classification intrudes upon a fundamental right or classifies on the
VOL. 446, DECEMBER 15, 2004 531
basis of an inherently suspect characteristic.
Strict Scrutiny cannot be applied in the case at bar since nowhere in the petition does Central Bank Employees Association, Inc. vs. Bangko
petitioner allege that Article II, Section 15 (c) of the New Central Bank Act burdens a Sentral ng Pilipinas
fundamental right of its members. The petition merely states that “the proviso in
question violates the right to equal protection of the laws of the BSP rank and file employees who
158
New York’s statutes outlawing assisting suicide affect and address matters of profound
are members of the petitioner.” While it is true that the Equal Protection Clause is found in the
significance to all New Yorkers alike. They neither infringe fundamental rights nor involve
Bill of Rights of both the American and Philippine Constitutions, for strict scrutiny to apply there suspect classifications. Washington v. Glucksberg,at 719-728, 117 S.Ct., at 2267-2271; see 80 F.3d, at
must be a violation of a Constitutional right other than the right to equal protection of the laws. 726; San Antonio School Dist., 411 U.S., at 28, 93 S.Ct, at 1294 (“The system of alleged discrimination and
To hold otherwise would be absurd as any invocation of a violation of the equal the class it defines have none of the traditional indicia of suspectness”); id., at 33-35, 93_ S.Ct., at 1296-
1298 (courts must look to the Constitution, not the “importance” of the asserted right, when deciding
_______________ whether an asserted right is “fundamental”). These laws are therefore entitled to a “strong 162
presumption of
validity.” Heller v. Doe, 509 U.S. 312, 319, 113 S.Ct. 2637, 2642, 125 L.Ed.2d 257 (1993). (Emphasis and
158 Rollo at p. 5. italics supplied)
530 Neither does the main opinion identify what fundamental right the challenged proviso of the New
Central Bank Act infringes upon. Instead the ponencia cites the following Constitutional
530 SUPREME COURT REPORTS ANNOTATED provisions:
Central Bank Employees Association, Inc. vs. Bangko PREAMBLE:

Sentral ng Pilipinas We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane
society and establish a Government that shall embody our ideals and aspirations, promote the common
good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of
protection clause would automatically result in the application of Strict Scrutiny.
159 independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality,
In Vacco v. Quill, several physicians challenged a New York statute which prohibits and peace, do ordain and promulgate this Constitution.
assistance to suicide. They argued that although it was consistent with the standards of their ARTICLE II: Declaration of Principles and State Policies
medical practice to prescribe lethal medication for mentally competent, terminally ill patients SECTION 9. The State shall promote a just and dynamic social order that will ensure the prosperity and
who are suffering great pain and desire a doctor’s help in 160 taking their own lives, they are independence of the nation and free the people from poverty through policies that provide adequate social
deterred from doing so by New York’s ban on assisting suicide. They contend that because New service, promote full employment, a rising standard of living, and an improved quality of life for all.
York permits a competent person to refuse life-sustaining medical treatment and because the SECTION 10. The State shall promote social justice in all phases of national development.
refusal of such treatment is “essentially
161
the same thing” as physician-assisted suicide, the ban
violates the Equal Protection Clause. A unanimous U.S. Supreme Court applied the Rational _______________
Basis Test as the statute did not infringe fundamental rights. Moreover, the Court held that the 162 Id., at pp. 799-800.
guarantee of equal protection is not a source of substantive rights or liberties.
532
The Equal Protection Clause commands that no State shall “deny to any person within its jurisdiction the
equal protection of the laws.” This provision creates no substantive rights. San Antonio Independent
School Dist. v. Rodriguez, 411 U.S. 1, 33, 93 S.Ct. 1278, 1296-1297, 36 L.Ed.2d 16 (1973); id., at 59, 93 S.Ct., 532 SUPREME COURT REPORTS ANNOTATED
at 1310 (Stewart, J., concurring). Instead, it embodies a general rule that States must treat like cases alike
but may treat unlike cases accordingly. Plyler v. Doe, 457 U.S. 202, 216, 102 S.Ct. 2382, 2394, 72 L.Ed.2d Central Bank Employees Association, Inc. vs. Bangko
786 (1982) (“ ‘[T]he Constitution does not require things which are different in fact or opinion to be treated Sentral ng Pilipinas
in law as though they were the same’ ”) (quoting Tigner v. Texas, 310 U.S. 141, 147, 60 S.Ct. 879, 882, 84
L.Ed. 1124 [1940]). If a legislative classification or distinction “neither burdens a fundamental right nor
targets a suspect class, we will uphold [it] so long as it bears a rational relation to some legitimate SECTION 11. The State values the dignity of every human person and guarantees full respect for human
end.” Romer v. Evans, 517 U.S. 620, 631, 116 S.Ct. 1620, 1627, 134 L.Ed.2d 855 (1996). rights.
SECTION 18. The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.
_______________
ARTICLE III: Bill of Rights
159 521 U.S. 793 (1997). SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
160 Id., at p. 797. any person be denied the equal protection of the laws.
161 Id., at p. 798. ARTICLE IX: Constitutional Commissions
B. The Civil Service Commission
SECTION 5. The Congress shall provide for the standardization of compensation of government officials, 534
including those in government-owned or controlled corporations with original charters, taking into account
the nature of the responsibilities pertaining to, and the qualifications required for their positions.
ARTICLE XII: National Economy and Patrimony 534 SUPREME COURT REPORTS ANNOTATED
SECTION 1. The goals of the national economy are a more equitable distribution of opportunities,
income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the Central Bank Employees Association, Inc. vs. Bangko
benefit of the people; and an expanding productivity as the key raising the quality of life for all, especially Sentral ng Pilipinas
the underprivileged.
The State shall promote industrialization and full employment based on sound agricultural development
and agrarian reform, through industries that make full and efficient use of human and natural resources, Protection Clause which is in the Bill of Rights is not sufficient to justify the application of Strict
and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino Scrutiny. While Section 3 of Article XIII enumerates the seven basic rights of workers—the right
enterprises against unfair foreign competition and trade practices. to organize, the right to conduct collective bargaining or negotiation with management, the right
In pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum to engage in peaceful concerted activities including the right to strike in accordance with law, the
opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective right to enjoy security of tenure, the right to work under humane conditions, the right to receive a
organizations, shall be encouraged to broaden the base of their ownership. living wage, and the right to participate in policy and decision-processes affecting their rights and
SECTION 22. Acts which circumvent or negate any of the provisions of this Article shall be considered benefits as may be provided by law—I fail to see how Article II, Section 15 (c) of the New Central
inimical to the national interest and subject to criminal and civil sanctions, as may be provided by law.
Bank Act can impinge on any of these seven rights.
533 Another reason why Strict Scrutiny is inappropriate is the absence of a classification which is
based on an inherently suspect characteristic. There is no suspect class involved in the case at
bar. By no stretch of the imagination can the rank and file employees of the BSP be considered a
VOL. 446, DECEMBER 15, 2004 533 suspect class—a class saddled with such disabilities, or subjected to such a history of purposeful
Central Bank Employees Association, Inc. vs. Bangko unequal treatment, or relegated to such a position of political powerlessness as to command
extraordinary protection from the majoritarian political process. As examined earlier, in applying
this definition of suspect class, the U.S. Supreme Court has labeled very few classifications as
suspect. In particular, the Court has limited the term suspect class to classifications based on
ARTICLE XIII: Social Justice and Human Rights race or national origin, alienage and religion. It is at once apparent that Article II, Section 15 (c)
SECTION 1. The Congress shall give highest priority to the enactment of measures that protect and of the New Central Bank Act, in exempting the BSP officers from the coverage of the Salary
enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and Standardization Law and not exempting the rank and file employees of the BSP, does not classify
remove cultural inequities by equitably diffusing wealth and political power for the common good.
To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its
based on race, national origin, alienage or religion.
increments.
_______________
Labor
that the said right was legally enforceable without need for further legislation—a self-executing provision.
SECTION 3. The State shall afford full protection to labor, local and oversea, organized and unorganized,
and promote full employment and equality of employment opportunities for all. 535
It shall guarantee the rights of all workers to self-organizations, and peaceful concerted activities,
including the right to strike in accordance with law. They shall be entitled to security of tenure, humane
conditions of work, and a living wage. They shall also participate in policy and decision-making processes VOL. 446, DECEMBER 15, 2004 535
affecting their rights and benefits as may be provided by law. Central Bank Employees Association, Inc. vs. Bangko
The State shall promote the principle of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their Sentral ng Pilipinas
mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to The main opinion however seeks to justify the application of Strict Scrutiny on the theory that
its just share in the fruits of production and the right of enterprises to reasonable returns on investments,
the rank and file employees of the BSP constitute a suspect class “considering that majority (if
and to expansion and growth.
not all) of the rank and file employees consist of people whose status and rank in life are less and
With the exception of Section I, Article III and Section 3, Article XIII, the foregoing limited, especially in terms of job marketability, it is they—and not the officers—who have the
Constitutional provisions do not embody any particular right but espouse principles and real economic and financial need for the adjustment.” The ponencia concludes that since the
163
policies. As previously discussed, mere reliance on the Equal challenged proviso operates on the basis of the salary grade or office-employee status a
distinction based on economic class and status is created.
_______________
With all due respect, the main opinion fails to show that financial need is an inherently
suspect trait. The claim that the rank and file employees of the BSP are an economically
163 It should be noted however that not all rights enumerated in the Constitution are found in the Bill of Rights.
disadvantaged group is unsupported by the facts on record. Moreover, as priorly discussed,
Though the right to a balanced and healthful ecology is found under the Declaration of Principles and States Policies and
not under the Bill of Rights, this Court in Oposa v. Factoran, Jr. (224 SCRA 792, 804-805 [1993]) held
classifications based on financial need have been characterized by the U.S. Supreme Court as not VOL. 446, DECEMBER 15, 2004 537
suspect. Instead, the American Court has resorted to the Rational Basis Test.
164
The case of San Antonio Independent School District v. Rodriquez is instructive. In the said Central Bank Employees Association, Inc. vs. Bangko
case, the financing of public, elementary and secondary schools in Texas is a product of state and Sentral ng Pilipinas
local participation. Almost half of the revenues are derived from a largely state-funded program
designed to provide a basic minimum educational offering in every school. Each district been shown to discriminate on any of these possible bases and, if so, whether the resulting classification
supplements state aid through an ad valorem tax on property within its jurisdiction. A class may be regarded as suspect.
action suit was brought on behalf of school children said to be members of poor families who The precedents of this Court provide the proper starting point. The individuals, or groups of
reside in school districts having a low property tax base. They argue that the Texas system’s individuals, who constituted the class discriminated against in our prior cases shared two
distinguishing characteristics: because of their impecunity they were completely unable to pay for
reliance on local property taxation favors the more affluent and violates the equal protection
some desired benefit, and as a consequence, they sustained an absolute deprivation of a
clause because of substantial inter-district disparities in per pupil expenditures resulting meaningful opportunity to enjoy that benefit. In Griffin v. Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed.
primarily from differences in the value of assessable prop- 891 (1956), and its progeny the Court invalidated state laws that prevented an indigent criminal defendant
from acquiring a transcript, or an adequate substitute for a transcript, for use at several stages of the trial
_______________ and appeal process. The payment requirements in each case were found to occasion de factodiscrimination
against those who, because of their indigency, were totally unable to pay for transcripts. And the Court in
164 Id., at p. 29. each case emphasized that no constitutional violation would have been shown if the State had provided
some ‘adequate substitute’ for a full stenographic transcript.
536
xxx
Only appellees’ first possible basis for describing the class disadvantaged by the Texas school-financing
system-discrimination against a class of defineably ‘poor’ persons—might arguably meet the criteria
established in these prior cases. Even a cursory examination, however, demonstrates that neither of the two
Central Bank Employees Association, Inc. vs. Bangko distinguishing characteristics of wealth classifications can be found here. First in support of their charge
that the system discriminates against the ‘poor,’ appellees have made no effort to demonstrate
Sentral ng Pilipinas that it operates to the peculiar disadvantage of any class fairly definable as indigent, or as
composed of persons whose incomes are beneath any designated poverty level. Indeed, there is
erty among the districts. The Court held165 that wealth discrimination alone does not provide reason to believe that the poorest families are not necessarily clustered in the poorest property districts. x x
adequate basis for invoking strict scrutiny. x
Second, neither appellees nor the District Court addressed the fact that, unlike each of the
The wealth discrimination discovered by the District Court in this case, and by several other courts that foregoing cases, lack of personal resources has not occasioned an absolute deprivation of the
have recently struck down school-financing laws in other States, is quite unlike any of the forms of wealth desired benefit. The argument here is not that the children in districts having relatively low assessable
discrimination heretofore reviewed by this Court. Rather than focusing on the unique features of the alleged property values are receiving no public education; rather, it is that they are receiving a poorer quality
discrimination, the courts in these cases have virtually assumed their findings of a suspect classification education than that available to children in districts
through a simplistic process of analysis: since, under the traditional systems of financing public
schools, some poorer people receive less expensive educations than other more affluent people, 538
these systems discriminate on the basis of wealth. This approach largely ignores the hard
threshold questions, including whether it makes a difference for purposes of consideration
under the Constitution that the class of disadvantaged ‘poor’ cannot be identified or defined in 538 SUPREME COURT REPORTS ANNOTATED
customary equal protection terms, and whether the relative—rather than absolute—nature of Central Bank Employees Association, Inc. vs. Bangko
the asserted deprivation is of significant consequence. Before a State’s laws and the justifications for
the classifications they create are subjected to strict judicial scrutiny, we think these threshold Sentral ng Pilipinas
considerations must be analyzed more closely than they were in the court below.
The case comes to us with no definitive description of the classifying facts or delineation of having more assessable wealth. Apart from the unsettled and disputed question whether the quality of
the disfavored class.Examination of the District Court’s opinion and of appellees’ complaint, briefs, and education may be determined by the amount of money expended for it, a sufficient answer to appellees’
contentions at oral argument suggests, however, at least three ways in which the discrimination claimed argument is that, at least where wealth is involved, the Equal Protection Clause does not require
here might be described. The Texas system of school financing might be regarded as discriminating absolute equality or precisely equal advantages. Nor indeed, in view of the infinite variables affecting
(1) against ‘poor’ persons whose incomes fall below some identifiable level of poverty or who the educational process, can any system assure equal quality of education except in the most relative sense.
might be characterized as functionally indigent, or (2) against those who are relatively poorer Texas asserts that the Minimum Foundation Program provides an ‘adequate’ education for all children in
than others, or (3) against all those who, irrespective of their personal incomes, happen to reside the State. By providing 12 years of free public-school education, and by assuring teachers, books,
in relatively poorer school districts. Our task must be to ascertain whether, in fact, the Texas system transportation, and operating funds, the Texas Legislature has endeavored to ‘guarantee, for the welfare of
has the state as a whole, that all people shall have at least an adequate program of education. x x x
For these two reasons—the absence of any evidence thatthe financing system discriminates
_______________ against any definablecategory of ‘poor’ people or that it results in the absolute deprivation of
165 411
education—the disadvantaged class is not susceptible of identification in traditional terms.
U.S. 1, 29 (1973).
xxx
537
This brings us, then, to the third way in which the classification scheme might be defined—district Central Bank Employees Association, Inc. vs. Bangko
wealth discrimination. Since the only correlation indicated by the evidence is between district property Sentral ng Pilipinas
wealth and expenditures, it may be argued that discrimination might be found without regard to the
individual income characteristics of district residents. Assuming a perfect correlation between district
property wealth and expenditures from top to bottom, the disadvantaged class might be viewed as nation, none of them explicitly prohibits discrimination on the basis of financial need.
encompassing every child in every district except the district that has the most assessable wealth and While certain conventions mention that distinctions based on “other status” is prohibited, the
spends the most on education. Alternatively, as suggested in Mr. Justice MARSHALL’S dissenting opinion scope of this term is undefined. Even Gay Moon, on whom the main opinion relies, explains thus:
the class might be defined more restrictively to include children in districts with assessable property which
falls below the statewide average, or median, or below some other artificially defined level. The [UN Human Rights] Committee provides little guidance on how it decides whether a difference in
However described, it is clear that appellees’ suit asks this Court to extend its most exacting treatment comes within the rubric of “other status”. Its approach to this issue lacks consistency and
167
scrutiny to review a system that allegedly discriminates against a large, diverse, and amorphous transparency.
class, unified only by the common factor of residence in districts that happen to have less taxable
wealth Furthermore, the U.K. cases cited in the main opinion are not in point since these cases do not
539
support the thesis that classification based on financial need is inherently suspect. In Hooper v.
Secretary of State for Work and Pension168 the discrimination in question was based on gender,
that is, whether the widowers are entitled to the pension 169
granted by the State to widows.
VOL. 446, DECEMBER 15, 2004 539 In Abdulaziz, Cabales and Balkandali v. United Kingdom 170
the discrimination was based on sex
and race; In Wilson and Others v. United Kingdom the questioned law allows employers to
Central Bank Employees Association, Inc. vs. Bangko discriminate against their employees who were trade union members.
Sentral ng Pilipinas Notably, the main opinion, after discussing lengthily the developments in equal protection
analysis in the United States and Europe, and finding no support thereto, incongruously
than other districts. The system of alleged discrimination and the class it defines have none of the concluded that “in resolving constitutional disputes, this Court should not be beguiled by foreign
traditional indicia of suspectness: the class is not saddled with such disabilities, or subjected to jurisprudence some of which are hardly
171
applicable because they have been dictated by different
such a history of purposeful unequal treatment or relegated to such a position of political constitutional settings and needs.” After an
powerlessness as to command extraordinary protection from the majoritarian political process.
We thus conclude that the Texas system does not operate to the peculiar disadvantage of any suspect
_______________
class. But in recognition of the fact that this Court has never heretofore held that
wealth discrimination alone provides an adequate
166
basis for invoking strict scrutiny, appellees 167 Gay Moon, Complying with its International Human Rights Obligations: The United Kingdom and Article 26 of the
have not relied solely on this contention. x x x (Emphasis and italics supplied; citations and footnotes International Covenant on Civil and Political Rights, E.H.R.L.R. 2003, 3, 283-307.
omitted) 168 (2002) U.K.H.R.R. 785; (2002) EWHC 191).
169 (1985) 7 E.H.R.R. 471.
To further bolster the theory that a classification based on financial need is inherently suspect, 170 (2002) 35 E.H.R.R. 20).
the main opinion cites a number of international conventions as well as foreign and international 171 Main Opinion at 56.
jurisprudence, but to no avail.

541
The reliance by the main opinion on these international conventions is misplaced.
The ponencia cites the American Convention on Human Rights, the African Charter of Human
and Peoples’ Rights, the European Convention on Human Rights, the European Social Charter of VOL. 446, DECEMBER 15, 2004 541
1996 and the Arab Charter on Human Rights of 1994. It should be noted that the Philippines is
not a signatory to any of these conventions. Central Bank Employees Association, Inc. vs. Bangko
The main opinion also cites the Universal Declaration of Human Rights, the International Sentral ng Pilipinas
Covenant on Civil and Political Rights, the International Covenant on Economic, Social and
Cultural Rights, the International Convention on the Elimination of all Forms of Racial excessive dependence by the main opinion to American jurisprudence it contradicted itself when
Discrimination, the Convention on the Elimination of all Forms of Discrimination against Women it stated that “American jurisprudence and authorities, much less the American Constitution, are
and the Convention on the Rights of the Child. While it is true that these instruments which the of dubious application for172these are no longer controlling within our jurisdiction and have only
Philippines is a party to include provisions prohibiting discrimi- limited persuasive merit.”
_______________ Intrinsic Constitutionality of Section 15(c) of the New Central Bank Act
166 Id., at pp. 18-29. Is the classification between the officers and rank and file employees in Section 15 (c) of the New
Central Bank Act in violation of the equal protection clause?
540 Petitioner, contending that there are no substantial distinctions between these two groups of
BSP employees, argues that it is.
540 SUPREME COURT REPORTS ANNOTATED On the other hand, the main opinion, applying the Rational Basis Test, finds the classification
between the executive level and the rank and file of the BSP to be based on substantial and real
differences which are germane to the purpose of the law. Thus, it concludes: VOL. 446, DECEMBER 15, 2004 543
In the case at bar, it is clear in the legislative deliberations that the exemption of officers (SG 20 and above) Central Bank Employees Association, Inc. vs. Bangko
from the SSL was intended to address the BSP’s lack of competitiveness in terms of attracting competent Sentral ng Pilipinas
officers and executives. It was not intended to discriminate against the rank-and-file. If the end-result did in
fact lead to a disparity of treatment between the officers and the rank-and-file in terms of salaries and
benefits, the discrimination or distinction has a rational basis and is not palpably, purely, and entirely rational relationship to the purpose of the New Central Bank Act.
arbitrary in the legislative sense. An examination of the legislative history of the New Central Bank Act may thus prove useful.
and declines to grant the petition on this ground. Legislative History of the New Central Bank Act
For her part, Justice Chico-Nazario, in her separate concurring opinion, sides with petitioner
believing that the dif- An examination of the legislative deliberations of both the House of Representatives and the
Senate shows that it was never the intention of both houses to provide all BSP personnel with a
blanket exemption from the coverage of the Salary Standardization Law.
_______________
Thus, while House Bill No. 7037 (the House of Representatives version of the New Central
172 Id., at p. 56. Bank Act) did not expressly mention that the Salary Standardization Law was to apply to a
particular category of BSP employees, the deliberations in the lower house show that the position
542
and compensation plans which the BSP was authorized to adopt were to be in accordance with
the provisions of applicable laws, including the Salary Standardization Law:
MR. JAVIER (E.). No, Mr. Speaker, we have that phrase in Section 14 (c). The power to organize,
Central Bank Employees Association, Inc. vs. Bangko the power to classify positions, the power to adopt compensation plans are subject to the
Sentral ng Pilipinas provisions of applicable laws. The bill is clear, so I do not think we should have a quarrel on
whether the Monetary Board has absolute power over the organization and compensation
plans of the Bangko Sentral ng Pilipinas. Of course, this power is subject to applicable
ference in treatment is “purely arbitrary” and thus violates the Constitutional guaranty of equal
laws, and one of these laws is the Salary Standardization Law, Mr. Speaker.
protection of the laws.
MR. ARROYO. To cut the argument short, Mr. Speaker, in effect, he is now saying that the
On this point, I am in accord with the main opinion.
proposed bill will authorize the Bangko Sentral to fix its own salary scale for its employees?
For ease of reference, Section 15 (c) is reproduced hereunder:
MR. JAVIER (E.). That is correct, Mr. Speaker, but in accordance with the provisions of
SEC. 15. Exercise of Authority.—In the exercise of its authority, the Monetary Board shall: applicable laws.
xxx
(c) establish a human resource management system which shall govern the selection, hiring, 544
appointment, transfer, promotion, or dismissal of all personnel. Such system shall aim to establish
professionalism and excellence at all levels of the Bangko Sentral in accordance with sound principles of
management. 544 SUPREME COURT REPORTS ANNOTATED
A compensation structure, based on job evaluation studies and wage surveys and subject to Central Bank Employees Association, Inc. vs. Bangko
the Board’s approval, shall be instituted as an integral component of the Bangko Sentral’s
human resource development program: Provided, That the Monetary Board shall make its own system Sentral ng Pilipinas
conform as closely as possible with the principles provided for under Republic Act No. 6758. Provided,
however, That compensation and wage structure of employees whose positions fall under salary MR. ARROYO. I am only asking if it will be able to fix its own salary scale.
grade 19 and below shall be in accordance with the rates prescribed under Republic Act No.
MR. JAVIER (E.). Yes, in accordance with the provisions of applicable laws.
6758. (Emphasis supplied)
MR. ARROYO. May I know Mr. Speaker, what is the applicable law that will curtail
It is readily apparent that Section 15 (c), by implicitly exempting the executive corps of the BSP this?
(those with SG 20 and above) from the Compensation Classification System under the Salary MR. JAVIER (E). The Salary Standardization Law.
Standardization Law, makes a classification between the officers and the rank and file of the BSP MR. ARROYO. So, the Gentleman is now suggesting that the Standardization Law will
and, who, like all other government employees, are squarely within the ambit of the apply to this? 173
Compensation Classification System by the Salary Standardization Law. MR. JAVIER (E.). Yes, Mr. Speaker. (Emphasis supplied)
To be valid, therefore, the difference in treatment as to compensation between the executive 174
In fact, the deliberations show that, in keeping with the recognition in Section 9 of the Salary
level and the rank and file of the BSP must be based on real differences between the two groups.
Standardization Law
Moreover, this classification must also have a
543 _______________
173 V Records of the House of Representatives, 9th Congress, 1st Session 182 (March 2, 1993).
174 For ease of reference, Section 9 of the Salary Standardization Law is reproduced hereunder: the part of some legislators. They felt the need to reconcile the demand for competent people to
SECTION 9. Salary Grade Assignments for Other Positions.—For positions below the Officials mentioned under Section 8 hereof and help 176
in the management of the economy with the provisions of the Salary Standardization
their equivalent, whether in the National Government, local government units, government-owned or controlled corporations or Law. The Senate thus sought to address these concerns by allowing the BSP to determine a
financial institutions, the Department of Budget and Management is hereby directed to prepare the Index of Occupational Services to
be guided by the Benchmark Position Schedule prescribed hereunder and the following factors: (1) the education and experience separate salary scale for the executive level.
required to perform the duties and responsibilities of the positions; (2) the nature and complexity of the work to be performed; (3) the The purpose behind the exemption of officers with SG 20 and above from the Salary
kind of supervision received; (4) mental and/or physical strain required in the completion of the work; (5) nature and extent of internal
and external relationships; (6) kind of supervision exercised; (7) decision-making responsibility; (8) responsibility for accuracy of records
Standardization Law was to increase the BSP’s competitiveness in the industry’s labor market
and reports; (9) accountability for funds, properties and equipment; and (10) hardship, hazard and personal risk involved in the job. x x such that by offering attractive salary packages, top executives and officials would be enticed and
x
In no case shall the salary of the chairman, president, general manager or administrator, and the board
competent officers would be deterred from leaving.
545 Senator Maceda. x x x

We have a salary grade range, if I am
VOL. 446, DECEMBER 15, 2004 545 not
Central Bank Employees Association, Inc. vs. Bangko mistaken, Mr. President, up to Grade
Sentral ng Pilipinas 32. Those executive
types are probably between Grade
23 to Grade 32.
that compensation higher than SG 30 might be necessary in certain exceptional cases to attract
If we really want to make sure that
and retain competent toplevel personnel, the initial intention of the drafters of the House Bill was
to exempt only the Governor and the Monetary Board from the coverage of the Compensation the vice-
Classification System: president types of the banks will
come in, it should
MR. LACSON. Mr. Speaker, Section 12 mentions only the remuneration of the governor be cut off at around Grade 23 level
and the members of the monetary board. and that the
MR. CHAVES. So, it will not cover any other employees of the Central Bank because the Standardization Act should still
limitation set forth under the Salary Standardization Law will apply to them. I just
want to make that sure because if it is not clear in the law, then we can refer to the refer to those
debates on the floor. around Grade 22 and below. But if
MR. LACSON. Mr. Speaker, Section 12 mentions only the governor and the members of we cut it off at
the monetary board. All the rest in the lower echelons are covered by law. Grade 9 and below, we are just hitting
MR. CHAVES. In other words, I just want to make it clear whether or not they are covered by the only the drivers,
Salary Standardization Law because later on if there is any conflict on the remuneration of the janitors, the filing clerks, the
employees lower than the governor and members of the Monetary Board, we have limits set messengers.
under the Salary Standardization Law. 175
MR. LACSON. Under the Salary Standardization Law. (Emphasis and italics supplied) The Gentleman will only be cutting off a
part of my
The application of the Salary Standardization Law to all other personnel of the BSP raised some heart again if he does that. My heart
concerns, however, on bleeds for this people, Mr. President.
_______________ Senator If that is an amendment, Mr. President,

Osmeña. I
of directors of government-owned or controlled corporations and financial institutions exceed Salary Grade
30: Provided, That the President may, in truly exceptional cases, approve higher compensation for the aforesaid move that we reconsider the prior
officials. (Emphasis and italics supplied) approval of my
175 Id., at p. 787 (March 31, 1993). amendment which was accepted by the
Sponsor, and I
546
will accept the amendment of Senator
Maceda that the
546 SUPREME COURT REPORTS ANNOTATED grade level should not be Grade 9 but
Central Bank Employees Association, Inc. vs. Bangko Grade 22 instead.
Sentral ng Pilipinas Senator After consulting the principal
Maceda. Author range 19 going down, and exempt
of the Standardization Law, the them from range 20 and going up.
distinguished
CHAIRMAN That will cover also assistant division
Majority Leader, he confirms that
ROCO. chiefs?
the executive group
CHAIRMAN That includes assistant division chiefs,
ZAMORA. division chiefs, and obviously higher
_______________
personnel.
176 VI Records of the House of Representatives, 9th Congress, 1st Session 353 (May 18, 1993).
CHAIRMAN Yes, because in terms of x x x We are
547 ROCO. being more generous than original. So
assistant division
VOL. 446, DECEMBER 15, 2004 547
Sentral ng Pilipinas 177 IV Record of the Senate, 9th Congress, 1st Session 1986-1987 (June 5, 1993).
548
is really Grade 23 and above. I think that is
where the Gentleman really wants to have
some leeway to get some people in at the
executive level. So I propose the Central Bank Employees Association, Inc. vs. Bangko
amendment 177
to the amendment to Grade 22 Sentral ng Pilipinas
and below. (Italics supplied; emphasis in the
original) chiefs shall be exempted already from the salary
178
standardization. (Emphasis and italics
Ultimately, the Bicameral Conference Committee on Banks, in consultation with the BSP, supplied)
determined that the BSP’s executive level began at SG 20 and resolved to exempt those at that
level and above from the Compensation Classification System under the Salary Standardization
Law, leaving the rank-and-file employees, or those personnel with a SG of 19 and below, under The Classification is Based on Real Differences between the Officers and the Rank and
the coverage of the said compensation system. This is clear from the deliberations as reproduced File of the BSP, and is Germane to the Purpose of the Law
by the petitioner itself: 179
As pointed out by the Office of the Solicitor General, the foregoing classification of BSP
CHAIRMAN x x x x x x x x x personnel into managerial and rank-and-file is based on real differences as to the scope of work
ROCO. and degree of responsibility between these two classes of employees. At the same time, the
exemption of the BSP managerial personnel from the Salary Standardization Law bears a
Number 4, on compensation of
180
rational relationship to the purpose of the New Central Bank Act. In the words of the Solicitor
personnel. We have checked. The General:
exemption from the Salary
x x x Article II, Section 15 (c) of RA 7653 was purposelyadopted to attract highly competent
Standardization Law shall apply only personnel, to ensure professionalism and excellence at the BSP as well as toensure
from Salary Grade 21 and above. The its independence through fiscal and administrative autonomy in the conduct of monetary policy.
division chief is salary grade 22. This purpose is undoubtedly being assured by exempting the executive/management level from
the Salary Standardization Law so that the best and the brightest may be induced to join the
CHAIRMAN I understood, Mr. Chairman, from BSP. After all, the managers/executives are the ones responsible for running the BSP and for
ZAMORA. the Central Bank itself that their
range for rank-and-file starts from _______________
range 19 and downward. So what 178 Transcript of Stenographic Notes (TSN), Bicameral Conference Committee on Banks (CMA), June 9, 1993, 1:20 p.m. at p. 39.
we should propose is that we 179 Rollo at pp. 82-83.
180 Section 1. Declaration of Policy.—The State shall maintain a central monetary authority that shall function and operate as an
subject all personnel to salary independent and accountable body corporate in the discharge of its mandated responsibilities concerning money, banking and credit. In
line with this policy, and considering its unique functions and responsibilities, the central monetary authority established under this
standardization starting from Act, while being a government-owned corporation, shall enjoy fiscal and administrative autonomy.
549 talent in literature, drama, music and other branches of arts and letters. Also included are positions
involved in research and application of professional knowledge and methods to a variety of
technological, economic, social, industrial and governmental functions; the performance of technical
VOL. 446, DECEMBER 15, 2004 549 tasks auxiliary to scientific research and development; and in the performance of religious,
educational, legal, artistic or literary functions.
Central Bank Employees Association, Inc. vs. Bangko These positions require thorough knowledge in the field of arts and sciences or learning acquired
Sentral ng Pilipinas through completion of at least four (4) years of college studies.
The positions in this category are assigned Salary Grade 8 to Salary Grade 30.
181
implementing its monetary policies. (Emphasis and italics supplied) (c) Sub-Professional Supervisory Category.—This category includes positions performing supervisory
functions over a group of employees engaged in responsible work along technical, manual or clerical
In the light of the foregoing, Justice Chico-Nazario’s conclusion that the distinction is “purely lines of work which are short of professional work, requiring training and moderate experience or
arbitrary” does not appear to hold water. lower training but considerable experience and knowledge of a limited subject matter or skills in
In support of her view, Justice Chico-Nazario cites Section 5 (a) of the Salary Standardization arts, crafts or trades. These positions require knowledge acquired from secondary or vocational
education or completion of up to two (2) years of college education.
Law, which provides that positions in the Professional Supervisory Category are assigned SG 9 to
SG 33. Thus, she argues:
(d) Sub-Professional Non-Supervisory Category.—This category includes positions involves in structured
x x x SG 20 and up do not differ from SG 19 and down in terms of technical and professional expertise work in support of
needed as the entire range of positions all require intense and thorough knowledge of a specialized field
usually acquired from completion of a bachelor’s degree or higher courses. 551
Consequently, if BSP needs an exemption from R.A. No. 6758 for key positions in order that it may hire
the best and brightest economists, accountants, lawyers and other technical and professional people, the
exemption must not begin only in SG 20. VOL. 446, DECEMBER 15, 2004 551
However, it is clear that while it is possible to group classes of positions according to the four Central Bank Employees Association, Inc. vs. Bangko
main categories as provided under Section 5 of the Salary Standardization Law, viz.: Sentral ng Pilipinas
SECTION 5. Position Classification System.—The Position Classification System shall consist of office or fiscal operations or those engaged in crafts, trades or manual work. These positions usually
classes of positions grouped into four main categories, namely: professional supervisory, require skills acquired through training and experience of completion of elementary education, secondary or
professional non-supervisory, sub-professional supervisory, and sub-professional non- vocational education or completion of up to two (2) years of college education.
supervisory, and the rules and regulations for its implementation. The positions in this category are assigned Salary Grade 1 to Salary Grade 10. (Emphasis supplied)
Categorization of these classes of positions shall be guided by the following considerations:
(a) Professional Supervisory Category.—This category includes responsible positions of a managerial the same does not preclude classifying classes of positions,although different with respect to kind
character involving the exercise of management functions such as planning, organizing, directing, or subject matter of work, according to level of difficulty and responsibility and level of
coordinating, controlling and overseeing within delegated 182
qualification requirements—that is, according to grade.
It should be borne in mind that the concept of “grade” from the Old Salary Standardization
_______________
Law is maintained in the present one. Thus Sections 8 and 9 of the present Salary
181 Rollo at pp. 83-84. Standardization Law provide for the general assignment of the various salary grades to certain
550
positions in the civil service according to the degree of responsibility and level of qualifications
required:
550 SUPREME COURT REPORTS ANNOTATED SECTION 8. Salaries of Constitutional Officials and their Equivalent.—Pursuant to Section 17, Article
XVIII of the Constitution, the salary of the following officials shall be in accordance with the Salary Grades
Central Bank Employees Association, Inc. vs. Bangko indicated hereunder:
Salary Grades
authority the activities of an organization, a unit thereof or of a group, requiring some degree of President of the Philippines 33
professional, technical or scientific knowledge and experience, application of managerial or supervisory
skills required to carry out their basic duties and responsibilities involving functional guidance and control,
leadership, as well as line supervision. These positions require intensive and thorough knowledge of a _______________
specialized field usually acquired from completion of a bachelor’s degree or higher degree courses. 182 Vide: Section 3 (h), P.D. 995, viz.:
SECTION 3. Definition of Terms.—As used in this Decree, the following shall mean:
(b) Professional Non-Supervisory Category.—This category includes positions performing task which xxx
usually require the exercise of a particular profession or application of knowledge acquired through h. Grade—Includes all classes of positions which, although different with respect to kind or subject matter of work, are sufficiently
equivalent as to level of difficulty and responsibility and level of qualification requirements of the work to warrant the inclusion of such
formal training in a particular field or just the exercise of a natural, creative and artistic ability or classes of positions within one range of basic compensation.
552 of the Office of the Vice-President, National Economic and Development Authority Deputy Director General,
Presidential Management Staff Executive Director, Deputy Ombudsman, Associate Justices of the Court of Appeals,
Associate Justices of the Sandiganbayan, Special Prosecutor, University of the Philippines Executive Vice-President,
552 SUPREME COURT REPORTS ANNOTATED Mindanao State University President, Polytechnic University of the Philippines President of and President of other
state universities and colleges of the same class.
Central Bank Employees Association, Inc. vs. Bangko Heads of councils, commissions, boards and similar entities whose operations cut across offices or departments or are
Sentral ng Pilipinas serving a sizeable portion of the general public and whose coverage is nationwide or whose functions are comparable to
the aforecited positions in the preceding paragraph, may be placed at this level.
Vice-President of the Philippines 32 The equivalent rank of positions not mentioned herein or those that may be created hereafter shall be
determined based on these guidelines.
President of the Senate 32 The Provisions of this Act as far as they upgrade the compensation of Constitutional Officials and their
equivalent under this section shall, however, take effect only in accordance with the Constitution: Provided,
Speaker of the House of Representatives 32 That with respect to the President and Vice-President of the Republic of the Philippines, the President of the
Senate, the Speaker of the House of Representatives, the Senators, and the Members of the House of
Chief Justice of the Supreme Court 32 Representatives, no increase in salary shall take effect even beyond 1992, until this Act is
amended: Provided, further, That the implementation of this Act with respect to Assistant Secretaries and
Senator 31
Undersecretaries shall be deferred for one (1) year from the effectivity of this Act and for Secretaries, until
Member of the House of Representatives 31
554
Associate Justices of the Supreme Court 31
Chairman of a Constitutional Commission under 31 554 SUPREME COURT REPORTS ANNOTATED
Article IX, 1987 Constitution
Member of a Constitutional Commission under 30 Sentral ng Pilipinas
Article IX, 1987 Constitution
July 1, 1992: Provided, finally, That in the case of Assistant Secretaries, Undersecretaries and Secretaries,
The Department of Budget and Management is hereby authorized to determine the officials who are of the salary rates authorized herein shall be used in the computation of the retirement benefits for those who
equivalent rank to the foregoing Officials, where applicable, and may be assigned the same Salary Grades retire under the existing retirement laws within the aforesaid period.
based on the following guidelines: SECTION 9. Salary Grade Assignments for Other Positions.—For positions below the Officials mentioned
under Section 8 hereof and their equivalent, whether in the National Government, local government units,
GRADE 33—This Grade is assigned to the President of the Republic of the Philippines as the highest position in the government-owned or controlled corporations or financial institutions, the Department of Budget and
government. No other position in the government service is considered to be of equivalent rank. Management is hereby directed to prepare the Index of Occupational Services to be guided by the
GRADE 32—This Grade is limited to the Vice-President of the Republic of the Philippines and those positions which Benchmark Position Schedule prescribed hereunder and the following factors: (1) the education and
head the Legislative and Judicial Branches of the government, namely: the Senate President, Speaker of the House of experience required to perform the duties and responsibilities of the positions; (2) the nature and complexity
Representatives and Chief Justice of the Supreme Court. No other positions in the government service are considered to
of the work to be performed; (3) the kind of supervision received; (4) mental and/or physical strain required
be of equivalent rank.
in the completion of the work; (5) nature and extent of internal and external relationships; (6) kind of
GRADE 31—This Grade is assigned to Senators and Members of the House of Representatives and those with
equivalent rank as follows: the Executive Secretary, Department Secretary, Presidential Spokesman, Ombudsman,
supervision exercised; (7) decision-making responsibility; (8) responsibility for accuracy of records and
Press Secretary, Presidential Assistant with Cabinet Rank, Presidential Adviser, National Economic and Development reports; (9) accountability for funds, properties and equipment; and (10) hardship, hazard and personal risk
Authority Director General, Court of Appeals Presiding Justice, Sandiganbayan Presiding Justice, Secretary of the involved in the job.
Senate, Secretary of the House of Representatives, and President of the University of the Philippines.
Benchmark Position Schedule
553
Position Title Salary Grade
VOL. 446, DECEMBER 15, 2004 553 Laborer I 1
Central Bank Employees Association, Inc. vs. Bangko Messenger 2

Sentral ng Pilipinas Clerk I 3
Driver I 3
An entity with a broad functional scope of operations and wide area of coverage ranging from top level policy formulation
to the provision of technical and administrative support to the units under it, with functions comparable to the aforesaid Stenographer I 4
positions in the preceding paragraph, can be considered organizationally equivalent to a Department, and its head to
that of a Department Secretary. Mechanic I 4
GRADE 30—Positions included are those of Department Undersecretary, Cabinet Undersecretary, Presidential
Assistant, Solicitor General, Government Corporate Counsel, Court Administrator of the Supreme Court, Chief of Staff Carpenter II 5
Benchmark Position Schedule Thus, while the positions of Agriculturist I with SG 11 and the President of the Philippines with
SG 33 may both belong to the Professional Supervisory Category because of the nature of their
Position Title Salary Grade duties and responsibilities as well as the knowledge and experience required to discharge them,
Electrician II 6 nevertheless, there can be no doubt that the level of difficulty and responsibility of the latter is
significantly greater than that of the former.
Secretary I 7 It may be that the legislature might have chosen the four categories of the position
Bookkeeper 8 classification system as the basis for the classification in Section 15 (c), as suggested by Justice
Chico-Nazario, or even that no distinction might have been
Administrative Assistant 8
556
Education Research Assistant I 9
Cashier I 10 556 SUPREME COURT REPORTS ANNOTATED
555
VOL. 446, DECEMBER 15, 2004 555 made at all. But these are matters pertaining to the wisdom of the legislative classification and
Central Bank Employees Association, Inc. vs. Bangko not to its constitutional validity as measured against
183
the requirements of the equal protection
Sentral ng Pilipinas clause. As this Court stated in Ichong v. Hernandez:
x x x Some may disagree with the wisdom of the legislature’s classification. To this we answer,
Nurse I 10 that this is the prerogative of the law-making power. Since the Court finds that the classification
is actual, real and reasonable, and all persons of one class are treated alike, and as it cannot be
Teacher I 10 said that the classification is patently unreasonable and unfounded, it is on duty bound to declare
that the legislature acted within its legitimate prerogative and it cannot declare that the act transcends the
Agrarian Reform Program Technologist 10
184
limit of equal protection established by the Constitution. (Emphasis and italics supplied)
Budget Officer I 11 At this juncture, it is curious to note that while the main opinion initially states that the
Chemist I 11 classification contained in Section 15 (c) of the New Central Bank Act “has a rational basis and is
not palpably, purely, and entirely arbitrary in the legislative sense,” and is thus valid on its face;
Agriculturist I 11 the same opinion subsequently opines that:
Social Welfare Officer I 11 In the case at bar, the challenged proviso operates on the basis of salary grade or officer-employee
status. It is a distinction based on economic class and status, with the higher grades as recipients of a
Engineer I 12
benefit specifically withheld from the lower grades. (Emphasis and italics supplied)
Veterinarian I 13
Significantly, petitioner never advanced this argument anywhere in its pleadings. Moreover,
Legal Officer I 14 there is absolutely nothing in the pleadings or records of this petition to suggest that: (1)
petitioner’s members belong to a separate economic class than those with SG 20 and above; and
Administrative Officer II 15
(2) that the distinction
Dentist II 16
_______________
Postmaster IV 17
183 Supra.
Forester III 18 184 Id., at p. 1176.
Associate Professor I 19 557
Rural Health Physician 20

VOL. 446, DECEMBER 15, 2004 557
In no case shall the salary of the chairman, president, general manager or administrator, and the board of
directors of government-owned or controlled corporations and financial institutions exceed Salary Grade Central Bank Employees Association, Inc. vs. Bangko
30: Provided, That the President may, in truly exceptional cases, approve higher compensation for the Sentral ng Pilipinas
aforesaid officials. (Emphasis supplied)
between the officers and the rank and file in Section 15(c) is based on such economic, status. and employees, Congress adopted the scheme employed in P.D. No. 985 for classifying positions with
What is more, the foregoing statement flies in the face of a basis of classification well- comparable responsibilities and qualifications for the purpose of according such positions similar salaries.
established in our law and jurisprudence. This scheme is known as the “Grade,” defined in P.D. No. 985 as:
Indeed, the distinction between “officers” and “employees” in the government service was Includ[ing] all classes of positions which, although different with respect to kind or subject matter of work, are
clearly established as early as 1917 with the enactment of the Old Revised Administrative Code sufficiently equivalent as to level of difficulty and responsibilities and level of qualification requirements of the work to
and later incorporated into the language of the Constitution: warrant
In terms of personnel, the system includes both “officers and employees.” The distinction between these two _______________
types of government personnel is expressed by Section 2 of the Old Revised Administrative Code (1917)
186 303 SCRA 309 (1999).
thus:
Employee, when generally used in reference to persons in the public service, includes any person in the service of the 559
Government or any branch thereof of whatever grade or class. Officer, as distinguished
from clerk or employee, refers to those officials whose duties, not being of a clerical or manual nature, may
be considered to involve the exercise of discretion in the performance of the functions of government, VOL. 446, DECEMBER 15, 2004 559
whether such duties are precisely defined by law or not.
Officer, when used with reference to a person having authority to do a particular act or perform a particular function Central Bank Employees Association, Inc. vs. Bangko
in the exercise of governmental power, shall include any Government employee, agent, or body having authority to do Sentral ng Pilipinas
the act or exercise of the function in question.
It is in these senses that the terms “officers and employees” are used in the Constitution and the inclusion of such classes of positions within one range of basic compensation.
it is this sense which should also be applied, mutatis mutandis, to officers and employees of
185
The Grade is therefore a means of grouping positions “sufficiently equivalent as to level of difficulty and
government-owned and or controlled corporations with original charter. (Emphasis supplied;
responsibilities and level of qualification requirements of the work” so that they may be lumped together in
italics in the original)
“one range of basic compensation.”
Thus, Congress, under Section 8 of R.A. No. 6758, fixed the Salary Grades of officials holding
_______________ constitutional positions, as follows x x x
185 J.S. BERNAS, S.J. THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES, A
xxx
x x x Congress delegated the rest of this tedious task (of fixing Salary Grades) to the DBM, subject to the
COMMENTARY at pp. 910-911 (2003 Ed.).
standards contained in R.A. No. 6758, by authorizing the DBM to “determine the officials who are of
558 equivalent rank to the foregoing officials, where applicable,” and to assign them the same Salary Grades
subject to a set of guidelines found in said section.
For positions below those mentioned under Section 8, Section 9 directs the DBM to prepare the “Index of
558 SUPREME COURT REPORTS ANNOTATED Occupational Services” guided by (a) the Benchmark Position prescribed in Section 9, and (b) the following
factors:
Sentral ng Pilipinas (1) the education and experience required to perform the duties and responsibilities of the position;
(2) nature and complexity of the work to be performed;
(3) the kind of supervision received;
Clearly, classification on the basis of salary grade or between officers and rank and file employees
(4) mental and/or physical strain required in the completion of the work;
within the civil service are intended to be rationally and objectively based on merit, fitness and
(5) nature and extent of internal and external relationships;
degree of responsibility, and not on economic status. As this Court summarized in Rodrigo v.
Sandiganbayan:
186
(6) kind of supervision exercised;
(7) decision-making responsibility;
Section 5, Article IX-C of the Constitution provides that: (8) responsibility for accuracy of records and reports;
The Congress shall provide for the standardization of compensation of government officials and employees, including (9) accountability for funds, properties and equipment; and
those in government-owned or controlled corporations with original charters, taking into account the nature of the (10) hardship, hazard and personal risk involved in the job.
responsibilities pertaining to, and the qualifications required for their positions.
560
This provision is not unique to the 1987 Constitution. The 1973 Constitution, in Section 6, Article XII
thereof, contains a very similar provision pursuant to which then President Marcos, in the exercise of his
legislative powers, issued Presidential Decree No. 985. 560 SUPREME COURT REPORTS ANNOTATED
However, with the advent of the new Constitution, and in compliance therewith, Congress enacted R.A.
No. 6758. Section 2 thereof declares it the policy of the State “to provide equal pay for substantially equal Central Bank Employees Association, Inc. vs. Bangko
work and to base differences in pay upon substantive differences in duties and responsibilities, and Sentral ng Pilipinas
qualification requirements of the positions.”
To give life to this policy, as well as the constitutional prescription to “(take) into account the nature of
the responsibilities pertaining to, and the qualifications required” for the positions of government officials
Pursuant to such authority, the DBM drafted187
the 1989 Index of Occupational Services, Position Titles and 190 Interestingly, R.A. No. 9227 is the subject of a pending Administrative Matter captioned Re: Grant of Distortion
Salary Grades, later revised in 1997. x x x (Emphasis supplied) Allowance to Positions in the Judiciary with Rank of Judges of Metropolitan Trial Court, A.M. No. 03-10-05-SC and A.M.
03-11-25-SC, wherein certain personnel of the judicial branch not holding judicial office, but with judicial rank below that
In view of the foregoing, the statement in the latter portion of the main opinion to the effect that of a judge of the Regional Trial Court are questioning their non-inclusion in Sec. 2 on equal protection grounds.
191 Transcript of Stenographic Notes (TSN) of the Bicameral Conference Committee On The Disagreeing Provisions on
the classification between the officers and the rank and file of the BSP is founded on economic
S. No. 2018 and H. No. 5178 (Compensation Benefits & Privileges of Members of the Judiciary) (Committee on Justice &
status, and not on the level of difficulty and responsibility as well as the qualification Human Rights), September 3, 2003.
requirements of the work to be performed, must be considered extremely suspect—a conclusion
without legal or factual tether bordering on sophistry. 562
En passant, it may be observed that the distinction between the managerial personnel and the
rank and file of the BSP in the New Central Bank Act is similar to the distinction between
Justices, Judges and those of equivalent
188
judicial rank on the one hand and other court personnel
on the other hand in R.A. No. 9227. In furtherance of the declared policy “to guarantee the Central Bank Employees Association, Inc. vs. Bangko
independence of the Judiciary x x x ensure impartial administration 189
of justice, as well as an Sentral ng Pilipinas
effective and efficient system worthy of public trust and confidence,” Section 2 of R.A. No. 9227
provides:
Sec. 2. Grant of Special Allowances.—All justices, judges and all other positions in the Judiciary with the The Subsequent Amendment of the Charters of the other GOCCs and GFIs Did Not Alter the
equivalent rank of justices of the Court of Appeals and judges of the Regional Trial Court as authorized Constitutionality of Section 15 (c)
under existing laws shall be granted special allowances equivalent to one hundred percent (100%) of the
basic monthly salary specified for their respective salary grades under Republic Act
By operation of the equal protection clause, are the rank and file employees of the BSP entitled to
exemption from the Compensation Classification System provided for under the Salary
_______________
Standardization Law as a consequence of the exemption of the rank and file employees of certain
other GOCCs and GFIs?
187 Id., at pp. 329-333.
188 AN ACT GRANTING ADDITIONAL COMPENSATION IN THE FORM OF SPECIAL ALLOWANCES FOR JUSTICES,JUDGES Petitioner argues in the affirmative maintaining that:
AND ALL OTHER PERSONS IN THE JUDICIARY WITH THE EQUIVALENT RANK OF JUSTICES OF THE COURT OF APPEALS
AND JUDGES OF THE REGIONAL TRIAL COURT AND FOR OTHER PURPOSES. This Honorable Court may take judicial notice of the fact that the rank-and-file employees of the other
189 R.A. No. 9227, sec. 1.
government financial institutions, such as the Government Service Insurance System (GSIS), Land Bank of
the Philippines (LBP), Development Bank of the Philippines (DBP), and the Social Security System (SSS),
561
together with the officers of such institutions, are exempted from the coverage of the SSL under their
respective charters x x x Thus, within the class of rank-and-file employees of 192
the government financial
institutions, the rank-and-file employees of the BSP are also discriminated upon. (Emphasis supplied)
VOL. 446, DECEMBER 15, 2004 561
Central Bank Employees Association, Inc. vs. Bangko The charters, of the GOCCs/GFIs adverted to by petitioner, together with their relevant
provisions are as follows:
(1) R.A. No. 7907, which took effect on February 23, 1995 and amended Section 90 of R.A.
3844, the Agrarian Land Reform Code, giving the Board of Directors of the LBP authority to
No. 6758, as amended, otherwise known as the Salary Standardization Law, to be implemented for a period approve the bank’s own compensation, position classification system and qualification standards:
of four (4) years.
The grant of special allowances shall be implemented uniformly in such sums or amounts equivalent to SECTION 10. Section 90 of the same Act is hereby amended to read as follows:
twenty-five percent (25%) of the basic salaries of the positions covered hereof. Subsequent implementation “Sec. 90. Personnel.—The Board of Directors shall provide for an organization and staff of officers and
shall be in such sums and amounts and up to the extent only that can be supported by the funding source employees of the Bank and upon recommendation of the President of the Bank, appoint and fix
specified in Section 3 hereof.
190
_______________
Under the foregoing, personnel with judicial rank are entitled to the grant of certain special
allowances while the other personnel of the judiciary are not.191The reason for the difference in 192 Rollo at p. 13.
treatment may be gleaned from the legislative deliberations wherein the legislature, while 563
acknowledging the need to augment the salaries and emoluments of members of the judiciary in
order to attract and retain competent personnel and insulate them from possible outside
influence, nevertheless had to take into consideration the limited resources of the government as VOL. 446, DECEMBER 15, 2004 563
well as the primary aim of the law, and consequently prioritized those holding judicial offices or
with judicial rank over other court personnel. Central Bank Employees Association, Inc. vs. Bangko
_______________
their remunerations and other emoluments, and remove such officers and employees: Provided, That the
Board shall have exclusive and final authority to promote, transfer, assign or reassign personnel of the
Bank, any provisions of existing law to the contrary notwithstanding. (4) R.A. No. 8523, which amended the Charter of the DBP on May 31, 1997 and exempted the
All positions in the Bank shall be governed by a compensation, position classification system and bank from the coverage of the existing Salary Standardization Law:
qualification standards approved by the Bank’s Board of Directors based on a comprehensive job analysis
and audit of actual duties and responsibilities. The compensation plan shall be comparable with the SECTION 6. Section 13 of the same Charter is hereby amended to read as follows:
prevailing compensation plans in the private sector and shall be subject to periodic review by the Board no “SEC. 13. Other Officers and Employees.—The Board of Directors shall provide for an organization and
more than once every two (2) years without prejudice to yearly merit reviews or increases based on staff of officers and employees of the Bank and upon recommendation of the President of
productivity and profitability. The Bank shall therefore be exempt from existing laws, rules and
regulations on compensation, position classification and qualification standards. It shall 565
however endeavor to make its system conform as closely as possible with the principles under
Republic Act No. 6758.
The Bank officers and employees, including all members of the Board, shall not engage directly or VOL. 446, DECEMBER 15, 2004 565
indirectly in partisan activities or take part in any election except to vote.
No officer or employee of the Bank subject to the Civil Service Law and Regulations shall be removed or Central Bank Employees Association, Inc. vs. Bangko
suspended except for cause as provided by law.” (Emphasis supplied) Sentral ng Pilipinas
(2) R.A. No. 8282, the Social Security System Act of 1997, approved on May 1, 1997, Section 3
the Bank, fix their remunerations and other emoluments. All positions in the Bank shall be governed by the
(c) of which exempts all SSS employees from the provisions of the Salary Standardization
compensation, position classification system and qualification standards approved by the Board of Directors
Law: based on a comprehensive job analysis of actual duties and responsibilities. The compensation plan shall be
comparable with the prevailing compensation plans in the private sector and shall be subject to periodic
Section 3. x x x review by the Board of Directors once every two (2) years, without prejudice to yearly merit or increases
(c) The Commission, upon the recommendation of the SSS President, shall appoint an actuary and such based on the Bank’s productivity and profitability. The Bank shall, therefore, be exempt from existing
other personnel as may be deemed necessary; fix their reasonable compensation, allowances and other laws, rules, and regulations on compensation, position classification and qualification standard.
benefits, prescribe, their duties and establish such methods and procedures as may be necessary to insure The Bank shall however, endeavor to make its system conform as possible with the principles
the efficient, honest and economical administration of the provisions and purposes of this Act: Provided, under Compensation and Position Classification Act of 1989 (Republic Act No. 6758, as
however, That the personnel of the SSS below the rank of Vice-President shall be appointed by the SSS amended).
President: Provided, further, That the personnel appointed by the SSS Presi- No officer or employee of the Bank subject to Civil Service Law shall be dismissed except for cause as
provided by law.” (Emphasis supplied)
564
Following this second line of argument, it appears that petitioner bases its claim to exemption
564 SUPREME COURT REPORTS ANNOTATED from the Compensation Classification System of the Salary Standardization Law not only on (1) a
direct challenge to the constitutionality of the proviso in Section 15(c) of The New Central Bank
Central Bank Employees Association, Inc. vs. Bangko Act, which expressly places the rank and file employees of the BSP under the coverage of the
Sentral ng Pilipinas former; but also on (2) an indirect assertion that the rank and file employees of the BSP are
entitled to benefit from the subsequent exemptions of the rank and file personnel of certain
dent, except those below the rank of assistant manager, shall be subject to the confirmation by the GOCCs/GFIs from the coverage of the Salary Standardization Law.
Commission: Provided, further,That the personnel of the SSS shall be selected only from civil service This second argument, that the rank and file employees of the BSP may benefit from
eligibles and be subject to civil service rules and regulations: Provided, finally, That the SSS shall be subsequent classifications in other statutes pertaining to other GFI employees, on the theory that
exempt from the provisions of Republic Act No. 6758 and Republic Act No. 7430. (Emphasis the former and the latter are identically or analogously situated (i.e. members of the same class),
supplied) is not entirely new and is apparently founded on the fourth requisite of the Rational Basis Test—
that is, that a reasonable classification must apply equally to all members of the same class.
(3) R.A. No. 8291, the Government Service Insurance System Act of 1997, approved on May
31, 1997, which empowers its Board of Trustees of the GSIS to approve a compensation 566
and position classification system and qualifications standards for its employees:
SECTION 43. Powers and Functions of the Board of Trustees.—The Board of Trustees shall have the
following powers and functions: Central Bank Employees Association, Inc. vs. Bangko
xxx Sentral ng Pilipinas
(d) upon the recommendation of the President and General Manager, to approve the GSIS’ organizational
and administrative structures and staffing pattern, and to establish, fix, review, revise and adjust the 193
appropriate compensation package for the officers and the employees of the GSIS with reasonable Thus, in Rubio v. People’s Homesite & Housing Corporation, the Court applied Section 76 of
allowances, incentives, bonuses, privileges and other benefits as may be necessary or proper for the effective B.P. Blg. 337, the old Local Government Code, to benefit employees of the People’s Homesite &
management, operation and administration of the GSIS, which shall be exempt from Republic Act No. Housing Corporation who had been illegally dismissed some 23 years earlier, even though the
6758, otherwise known as the Salary Standardization Law and Republic Act No. 7430, otherwise
latter were not local government employees. The Court, speaking through Justice (later Chief
known as the Attrition Law;
x x x (Emphasis supplied) Justice) Andres Narvasa held:
194 Id., atpp. 663-664.
Batas Pambansa Bilang 337, otherwise known as the Local Government Code, was passed by the legislature 195 Vide Philippine Judges Association v. Prado, supra.
and became effective on February 10, 1983. Section 76 thereof (under Title Four: Personnel Administration) 196 Cited in G. Gunther In Search of Evolving Doctrine on a Changing Court: A Model for a Newer Equal Protection, 86 HARVARD
provides as follows: LAW REVIEW 1 (1972); Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252 (1977); Regents of the
University of California v. Bakke, 438 U.S. 265 (1978); Vance v. Bradley, 440 U.S. 93 (1979).
SEC. 76. Abolition of Position.—When the position of an official or employee under the civil service is abolished by law or 197 37 CALIFORNIA LAW REVIEW 341 (1949).
ordinance the official or employee so affected shall be reinstated in another vacant position without diminution of salary.
Should such position not be available, the official or employee affected shall be granted a separation pay equivalent to 568
one month salary for every year of service over and above the monetary privileges granted to officials and employees
under existing law.
To be sure, the provision on its face is apparently intended for the benefit only of officers and
employees in the local political subdivisions. The Court however sees no reason why it should Central Bank Employees Association, Inc. vs. Bangko
not be applied as well to other personnel of the government, including those in the People’s Sentral ng Pilipinas
Homesite and Housing Corporation, which was then considered part of the Civil Service. A
contrary conclusion would make the provision questionable under the equal protection clause
of the Constitution as there appears to be no substantial distinction between civil servants in between the ages of 19 and 25” or “foreign corporations doing business within the state.”
the local government and those in other branches of government to justify their disparate This sense of “classify” (i.e., “to define a class”) must be distinguished from the sense in which “to classify”
treatment. Since the petitioners are “employees under the civil service,” the matter of their reinstatement refers to the act of determining whether an individual is a member of a particular class, that is, whether the
to their former positions at this time should logically and justly be governed by the above cited statute individual possesses the traits which define the class. x x x
although enacted many years after the abolition of their positions. And since, too, it may reasonably be It is also elementary that membership in a class is determined by the possession of the traits
assumed that rein- which define that class. Individual X is a member of class A if, and only if, Xpossesses the traits which
define class A. Whatever the defining characteristics of a class may be, every member of that class will
possess those characteristics.
_______________
Turning now to the reasonableness of legislative classifications, the cue is to be taken from our earlier
193 185 SCRA 656 (1990). reference to the requirement that those similarly situated be similarly treated. A reasonable
classification is one which includes all who are similarly situated and none who are not. The
567 question is, however, what does that ambiguous and crucial phrase “similarly situated” mean?
And in answering this question we must first dispose of two errors into which the Court has
sometimes fallen.
VOL. 446, DECEMBER 15, 2004 567 First, “similarly situated” cannot mean simply “similar in the possession of the classifying
trait.” All members of any class are similarly situated in this respect and consequently, any
classification whatsoever would be reasonable by this test. x x x
Sentral ng Pilipinas xxx
The second error in the interpretation of the meaning of similarly situated arises out of the
statement to their former positions is no longer possible, or feasible, or even desired or desirable, the notion that some classes are unnatural or artificial. That is, a classification is sometimes held to
petitioners or their heirs must be deemed entitled to receive the separation pay provided by said BP Blg. be unreasonable if it includes individuals who do not belong to the same “natural” class.We call
194
337. (Emphasis supplied) this an error without pausing to fight the ancient controversy about the natural status of classes. All
legislative classifications are artificial in the sense that they are artifacts, no matter what the defining traits
may be. And they are all real enough for the purposes of law, whether they be the class of American citizens
Some Basic Principles of Legislative Classification of Japanese ancestry, or the class of makers of margarine, or the class of stockyards receiving
Considering that the thrust of petitioner’s second argument is that its members belong to 569
the same class as other GFI employees (such that they are also entitled to exemption from the
Compensation Classification System of the Salary Standardization Law), a brief discussion on
legislative classification is in order. VOL. 446, DECEMBER 15, 2004 569
As adverted to earlier, classification has been defined as “the grouping of persons or things Central Bank Employees Association, Inc. vs. Bangko
similar to each other in certain particulars and different from all other in these same
195 Sentral ng Pilipinas
particulars.” To this may be added 196
the following observations of Joseph 197
Tussman and Jacobus
tenBroek in their influential article on The Equal Protection of the Laws, viz.:
more than one hundred head of cattle per day, or the class of feebleminded confined to institutions.
We begin with an elementary proposition: To define a class is simply to designate a quality or The issue is not whether, in defining a class, the legislature has carved the universe at a natural joint. If
characteristic or trait or relation, or any combination of these, the possession of which, by an we want to know if such classifications are reasonable, it is fruitless to consider whether or not they
individual, determines his membership in or inclusion within the class. A legislature defines a correspond to some “natural” grouping or separate those who naturally belong together.
class, or “classifies,” when it enacts a law applying to “all aliens ineligible for citizenship,” or “all persons But if we avoid these two errors, where are we to look for the test of similarity of situation which
convicted of three felonies,” or “all citizens determines the reasonableness of a classification? The inescapable answer is that we must look beyond
the classification to the purpose of the law. A reasonable classification is one 198
which includes all
_______________ persons who are similarly situated with respect to the purpose of the law. (Emphasis and italics
supplied; italics in the original)
Moreover, Tussman and tenBroek go on to describe the task of the courts in evaluating the 571
reasonableness of a legislative classification:
Since it is impossible to judge the reasonableness of a classification without relating it to the VOL. 446, DECEMBER 15, 2004 571
purpose of the law, the first phase of the judicial task is the identification of the law’s purpose. x
xx Central Bank Employees Association, Inc. vs. Bangko
xxx Sentral ng Pilipinas
It is thus evident that the attempt to identify the purpose of a law—an attempt made mandatory by the
equal protection requirement—involves the Court in the thornier aspects of judicial review. At best, the
Court must uncritically and often unrealistically accept a legislative avowal at its face value. Wt worst, it tiate the BSP rank and file from the other rank and file of the [other] GFIs.”
must challenge legislative integrity and push beyond the express statement into unconfined realms of The foregoing tacitly rests on the assumptions that, with respect to their compensation,
inference. Having accepted or discovered the elusive “purpose” the Court must then, under the position classification and qualifications standards, (1) the rank-and-file employees of the BSP
discriminatory legislation doctrine, make a judgment as to the purity of legislative motive and, under together with the rank-and-file employees of the LBP, SSS, GSIS and DBP belong to a single
substantive equal protection, determine the legitimacy of the end. Only after the purpose of the law has thus class; and (2) there are no reasonable distinctions between the rank-and-file employees of the
been discovered and subjected to this scrutiny can the Court proceed with the classification problem. BSP and the exempted employees of the other GOCCs/GFIs.
However, these assumptions are unfounded, and the assertion that “GFIs have long been
_______________ recognized as one distinct class, separate from other governmental entities” is demonstrably
198 Id., at
false. 200
pp. 344-346.
As previously discussed, Section 2 of P.D. 985 cited in support of the foregoing proposition
570 has been expressly repealed by Section 16 of Salary Standardization Law.
Sec. 16. Repeal of Special Salary Laws and Regulations.—All laws, decrees, executive orders,
570 SUPREME COURT REPORTS ANNOTATED corporate charters, and

Sentral ng Pilipinas 200 SECTION 2. Declaration of Policy.—It is hereby declared to be the policy of the national government to provide equal pay for
substantially equal work and to base differences in pay upon substantive differences in duties and responsibilities, and qualification
requirements of the positions. In determining rates of pay, due regard shall be given to, among others, prevailing rates in private
x x x Except when the class in the law is itself defined by the mischief [to be eliminated], the assertion industry for comparable work. For this purpose, there is hereby established a system of compensation standardization and position
that any particular relation holds between the [classifying trait and the purpose] is an empirical classification in the national government for all departments, bureaus, agencies, and offices including government-owned or controlled
corporations and financial institutions: Provided, That notwithstanding a standardized salary system established for all employees,
statement. The mere assertion that a particular relation exists does not establish the truth of the additional financial incentives may be established by government corporation and financial institutions for their employees to be
assertion. A legislature may assert that all “three-time felons” are “hereditary criminals” and that all supported fully from their corporate funds and for such technical positions as may be approved by the President in critical government
“hereditary criminals” are “three-time felons.” But whether this is the case is a question of fact, not fiat. agencies. (Emphasis supplied)
Consequently, the Court, in determining the actual relation between the classes [i.e. the
classifying trait and the purpose of the law] is engaged in fact-finding or in criticism of legislative 572
fact finding. Thus the Court is confronted with a number of alternative formulations of the question: 1)
what is the legislative belief about the relation between the classes? and, 2) is this belief reasonable? or
simply, 3) what relation exists between the two classes?
199
With the foregoing in mind, the relevant question then (as regards petitioner’s second line of
argument) is whether in fact petitioner’s members and the other GFI employees are so similarly Sentral ng Pilipinas
situated as to members of a single class for purposes of compensation and position classification.
other issuances or parts thereof, that exempt agencies from the coverage of the System, or that
There is no Basis for the Classification of GFI Employees as a Discrete Class, entitled to “Special authorize and fix position classification, salaries, pay rates or allowances of specified positions, or groups of
Treatment” with respect to Compensation Classification officials and employees or of agencies, which are inconsistent with the System, including the proviso
under Section 2, and Section 16 of Presidential Decree No. 985 are hereby repealed. (Emphasis
Without identifying the legislative purpose for exemption from the coverage of the Compensation supplied)
Classification System mandated by the Salary Standardization Law, the main opinion concludes
that the classifying trait among those exempted from the coverage is their status as GFI Moreover, neither the text nor the legislative record of the Salary Standardization Law manifests
employees. On this basis, it would grant the instant petition upon the assumption that “there the intent to provide “favored treatment” for GOCCs and GFIs. Thus, Section 3 (b), erroneously
exist no substantial distinctions so as to differen- cited by the main opinion, provides for the general principle that compensation for all government
personnel, whether employed in a GOCC/GFI or not, should generally be comparable with that in
_______________ the private sector, to wit:
199 Id., at p. 366. SECTION 3. General Provisions.—The following principles shall govern the Compensation and Position
Classification System of the Government:
(a) All government personnel shall be paid just and equitable wages; and while pay distinctions must
necessarily exist in keeping with work distinctions, the ratio of compensation for those occupying Central Bank Employees Association, Inc. vs. Bangko
higher ranks to those at lower ranks should be maintained at equitable levels, giving due Sentral ng Pilipinas
consideration to higher percentage of increases to lower level positions and lower percentage
increases to higher level positions; tions are receiving far more, whereas, the employees of the National Government which absorbed the
(b) Basic compensation for all personnel in the government and government-owned or nonperforming assets are receiving less. And the Central Bank is dumping into the National Government
controlled corporations and financial institutions shall generally be comparable with liabilities of more than P5 billion...
those in the private sector doing comparable work, and must be in accordance with Senator Romulo. Eventually P34 billion.
prevailing laws on minimum wages; Senator Guingona. And, yet, the janitor in the Central Bank is receiving a higher rate of salary than
(c) The total compensation provided for government personnel must be maintained at a reasonable level the clerk or even the minor executives in some National Government agencies and bureaus. This does not
in proportion to the national budget; seem just and violates the equal pay 201
for equal work principle which the distinguished Sponsor has nobly
(d) A review of government compensation rates, taking into account possible erosion in purchasing established in the policy statement.
power due to inflation and other factors, shall be conducted periodically. (Emphasis and italics
supplied) Thus, during the Bicameral Conference Committee deliberations, the sentiment was that
exemptions from the general Compensation Classification System applicable to all government
573 employees would be limited only to key positions in order not to lose these personnel to the
private sector. A provision was moreover inserted empowering the President to, in truly
exceptional cases, approve higher compensation, exceeding Salary Grade 30, to the chairman,
VOL. 446, DECEMBER 15, 2004 573 president, general manger, and the 202board of directors of government-owned or controlled
Central Bank Employees Association, Inc. vs. Bangko corporations and financial institutions:
Sentral ng Pilipinas SEC. CARAGUE. Actually, we are requesting that government corporations that are performing
proprietary functions and therefore competing with the private sector should evolve a salary
structure in respect to key positions.There are some positions in banking, for example, that are not
Indeed, Section 4 of the Salary Standardization Law expressly provides the general rule that
present in the ordinary government offices.
GFIs, like other GOCCs and all other members of the civil service, are within the coverage of the I can understand for example, if the government corporation, like NIA, it is performing a governmental
law: function. I believe it is not strictly a proprietary function—NIA and NAWASA. But there are government
corporations that are engaged in very obviously proprietary type of function. For example, transportation
SECTION 4. Coverage.—The Compensation and Position Classification System herein provided companies of the government; banking institution; insurance functions. I feel that
shall apply to all positions, appointive or elective, on full or part-time basis, now existing or
hereafter created in the government,including government-owned or controlled corporations and
_______________
government financial institutions.
The term “government” refers to the Executive, the Legislative and the Judicial Branches and the 201 IV Records of the Senate 1526 (June 8, 1989).
202 Republic Act No. 6758, Section 9.
Constitutional Commissions and shall include all, but shall not be limited to, departments, bureaus, offices,
boards, commissions, courts, tribunals, councils, authorities, administrations, centers, institutes, state
575
colleges and Universities, local government units, and the armed forces. The term “govern-ment-owned
or controlled corporations and financial institu-tions” shall include all corporations and
financial institutions owned or controlled by the National Government, whether such
VOL. 446, DECEMBER 15, 2004 575
corporations and financial institutions perform governmental or proprietary
functions. (Emphasis and italics supplied) Central Bank Employees Association, Inc. vs. Bangko
Furthermore, a reading of the deliberations on what eventually became the Salary Sentral ng Pilipinas
Standardization Law leaves no doubt that one of its goals was to provide for a common
compensation system for all so that the stark disparities in pay between employees of the GOCCs they have to be competitive with the private sector, not with respect to all positions. Like, for
and GFIs and other government employees would be minimized if not eliminated, as the example, janitor or messenger, because there is no danger of losing this out to the private sector;
following excerpt plainly shows: you can always get this. But there are certain key position—even the key men of the government
corporations performing proprietary functions, sometimes they got—the market analyst,
Senator Guingona. Mrs. President, the PNB and DBP transferred nonperforming assets and liabilities to commodities analyst and so on—they have certain functions that are not normal in government,
the National Government in the sum of over P120 billion in 1986. They are reportedly having profits of, I and it is very difficult to get this specialists.
think over P1 billion. They have not declared dividends so that the National Government is the one that So, I was wondering if we could provide a provision that government corporations engaged in proprietary
absorbed the indebtedness. The financial institutions are enjoying clean books and increased profits. Yet, activities, that positions that are peculiar to them should be allowed a different compensation structure.
employees of these institu- THE CHAIRMAN
203
(Rep. Andaya). But that can be solved, when implemented, you just assign him a
higher rate. (Italics supplied)
574 xxx
THE CHAIRMAN (Sen. Rasul). Mr. Chairman, I am just wondering if perhaps we should also include
“financial institutions,” not just “government-owned or controlled corporation.”
574 SUPREME COURT REPORTS ANNOTATED SEC. CARAGUE. I think it is broad enough, Madam Senator.
THE CHAIRMAN (Sen. Rasul). Broad enough? Sentral ng Pilipinas
SEC. CARAGUE. Yes.
THE CHAIRMAN (Rep. Andaya). It covers everybody. Everybody is covered that way. 208
REP. LAGUDA. Mr. Chairman, if we go back to the amendment of Senator Rasul, I think what she has ernment agencies have been exempted from the same. Hence, GFI employment, as advocated by
put there is that it is the President’s discretion, because in the House version, it is an across-the-board- the main opinion, cannot be reasonably considered to be the basis for exemption for the
thing. There is no mention of the President’s discretion here. So maybe we should accept the amendment of Compensation Classification System of the Salary Standardization Law.
Senator Rasul that “it is the President who shall decide.” In other words, when she said “the President Curiously, how could the exemption of the SEC personnel “add insult to petitioner’s injury”
may,” it is the discretion of the President rather than automatic. when, going by what the main opinion holds to be the defining characteristic of the class to which
SEC. CARAGUE. Yes. Like for example, there are, I think, quite a number of Vice Presidents that really petitioner’s members belong—that is, employment in a GFI, the two groups of employees would
are also important
obviously not be comparable?
_______________
Mere Employment in a GOCC or GFI is not Determinative of Exemption from the Salary
203 Bicameral Conference Committee Deliberations 55-56 (August 4, 1989). Standardization Law
576 More importantly, an examination of the legislative proceedings leading up to the amendment of
the charters of the GOCCs and GFIs exempted from the coverage of the Compensation
Classification System discloses that mere employment in a GFI was not the decisive characteristic
576 SUPREME COURT REPORTS ANNOTATED which prompted the legislature to provide for such exemption.
Central Bank Employees Association, Inc. vs. Bangko Thus, Republic Act No. 3844 (R.A. No. 3844) otherwise known as the “Agrarian Reform Code”
Sentral ng Pilipinas created the Land Bank which is mandated to be the financing arm of the Agrarian Reform
Program of the government. More specifically, the Land Bank is tasked to be the primary
government agency in the mobilization and the provision of credit to the small farmers and fisher
because it is very difficult if the President will have a salary that is so way, way above the Vice Presidents. folk sector in their various economic activities such as production, processing, storage, transport
And usually the Vice Presidents are the ones that support, that provided teamwork for the President.
Sometimes there are certain key people, like money market specialists that are difficult to keep because
and the marketing of farm produce. Since its inception, the Land Bank has transformed into a
they easily transfer to another company. universal bank, seeking to con-
xxx
SEC. CARAGUE. In the end, Your Honor, it may be more expensive to limit the salaries of these kind of _______________
people because if you don’t get good people, the viability of the corporation, the profitability goes down. So
you actually, in the end, lose more. You don’t see it because it is just loss204of revenue, in lack of profitability, Corporation (PHILPOST), and the Power Sector Assets and Liabilities Management Corporation (PSALM).
208 Such as the Energy Regulatory Commission (ERC).
but actually it costs you more. And that is the problem of this kind of. . . . (Emphasis and italics supplied)
578
What is more, the exemption of the personnel of the Securities and Exchange Commission (SEC)
from the205
coverage of the Compensation Classification System, as pointed out in the main
opinion, only underscores the error in maintaining employment in a GFI as the defining trait of 578 SUPREME COURT REPORTS ANNOTATED
employees exempted from said System.
In actual fact, the employees of206 a number of GFIsremain within the 207coverage of the Central Bank Employees Association, Inc. vs. Bangko
Compensation Classification System, while employees of several other GOCCs and gov- Sentral ng Pilipinas
_______________ tinually fortify the agricultural sector by delivering countryside credit and support services.
204 Id., at pp. 60-61.
In order to continue performing its mandate of providing non-traditional banking services and
205 Together with the exemptions of the employees of the Small Business Guarantee and Finance Corporation (SBGFC) developmental assistance to farmers and fishermen, Congress saw the need to strengthen the
, the Home Guaranty Corporation (HGC) and the Philippine Deposit Insurance Corporation (PDIC). bank by introducing amendments to R.A. No. 3844. Republic Act No. 7907 (R.A. No. 7907)
206 Among them the employees of the National Development Company (NDC), National Home Mortgage Finance
amended R.A. No. 3844 by strengthening the Land Bank not only for the purpose 209
of
Corporation (NHMFC), Philippine Crop Insurance Corporation (PCIC), Philippine Health Insurance Corporation implementing agrarian reform, but also to make it more competitive with foreign banks.
(PHILHEALTH), and the Quedan Rural Credit and Guarantee Corporation (QUEDANCOR).
207 Including the National Power Corporation (NAPOCOR), National Transmission Corporation (TRANSCO),
One of the salient points of R.A. No. 7907 is the exemption of all of the Land Bank’s personnel
Philippine Postal from the Salary Standardization Law, authorizing at the same time its board of directors to
provide compensation, position classification system and qualification standards.
577 The discussion of the House of Representatives’ Committee on Banks and Financial
Intermediaries reveals the surrounding circumstances then prevailing, which prompted Congress
VOL. 446, DECEMBER 15, 2004 577 to exempt the Land Bank from the Salary Standardization Law. The Committee likewise
recognized the role of the rank and file employees in fulfilling its unique task of providing credit
Central Bank Employees Association, Inc. vs. Bangko to support the agricultural sector.
MR. GOLEZ. Madam Speaker, the points of the distinguished sponsor are very well taken. But 580 SUPREME COURT REPORTS ANNOTATED
what I would like to emphasize is that the Land Bank as already stated, is not just almost
unique, it is unique. It cannot be likened to a conventional commercial bank even in the case of Central Bank Employees Association, Inc. vs. Bangko
the Philippine National Bank where its employees can very easily move from one bank to Sentral ng Pilipinas
another. An employee, an average employee in the Philippine National Bank can easily
transfer to a private commercial bank and vice-versa. So in fact we are witnessing almost MR. FUENTEBELLA. Yes. In fact, the Philippine National Bank has a better financial
on a daily basis these periodic transfers, piracy of executives, employees from one compensation package compared to the Land Bank.
commercial bank to another. However, in the case of the Land Bank MR. APOSTOL. Yes, it should and it must because PNB is already privatized, Land Bank is not
yet.
_______________ MR. FUENTEBELLA. Not yet, your Honor.
209 III Records of the Senate, 9th Congress, 806 (January 16, 1995).
MR. APOSTOL. If the compensation package of the employees of Land Bank should be
similar to PNB, then why not privatize so that Land Bank will be exempted from this...
579 MR. FUENTEBELLA. Well, as I said, your Honor, in due time, we can go into that aspect of
privatization. We are not closing our eyes to that possibility. But for the moment that the bank
is still tasked with numerous problems, particularly on agrarian reform, and for as long as the
VOL. 446, DECEMBER 15, 2004 579 bank has not been able to perform its major task in helping the government provide the
Central Bank Employees Association, Inc. vs. Bangko necessary mechanisms to solve and address the problems of agrarian reform, then we cannot
talk about privatization yet. Because the function of the bank is not purely for profit
orientation, your Honor. Whatever profits are generated under the commercial banking
transactions
211
are channeled to the agrarian sector, which is a losing proposition
precisely because of its very unique operations, the very life of the viability of the actually. (Emphasis supplied)
Land Bank of the Philippines depends decisively and critically on its core group,
which in this particular case would be the rank and file, the technical employee below Like the Land Bank, the Development Bank of the Philippines (DBP), the country’s premier
the level of managers. They are not substitutable at all. They are very critical. And as development bank, was also exempt from the Salary Standardization Law. Republic Act No. 8523
such, the position of this Representation, Madam Speaker, Your Honor, is that that critical role (RA 8523) amended Executive Order No. 81 otherwise known as the “1986 Revised Charter of the
gives them the importance 210
as well as the inherent right to be represented in the highest policy Development Bank of the Philippines” to enable DBP to effectively contribute to the nation’s
making body of the bank. (Emphasis supplied) attainment of its socio-economic objectives and fill the gaps left by the private sector which might
xxx be unwilling or unprepared to take on critical projects and programs.
MR. APOSTOL. Now, may I know why the employees of Land Bank should be exempted from
the compensation and position classification? _______________
MR. FUENTEBELLA. Are we now in Section 87, your Honor?
211 Deliberations of the House of Representatives (March 16, 1994).
MR. APOSTOL. Yes.
MR. FUENTEBELLA. The present compensation package of the employees of the bank
581
are no longer competitive with the banking industry. In fact, the turnover of bank
personnel is concerned, I think they had a turnover of more than 127 rank and file
and more than 43 or 50 officer level. For the reason that the present compensation VOL. 446, DECEMBER 15, 2004 581
through bank officers and personnel are no longer competitive with the other banks despite
the fact that there is a provision in our Constitution and this is sanctioned by existing Central Bank Employees Association, Inc. vs. Bangko
provisions of the Civil Service, that we may enact laws to make the position classification of Sentral ng Pilipinas
certain sectors in the government comparable with the same industry. That is the reason why.
.. The bottom line of this bill which seeks to amend the existing charter of the Development Bank of the
MR. APOSTOL. Is it not that the compensation of officials and employees of the Land Bank Philippines is to enable the DBP as the country’s premier development bank to effectively contribute to the
must be similar or comparable to the salaries and compensation of government banks or nation’s attainment of its socio-economic objectives, such as the alleviation of poverty, creation of
financial institutions? employment opportunities, and provision of basic needs such as food, shelter, health and education.
Given the present state of financial intermediation and capital markets in the Philippines, economic
activities and projects still remain which private financial institutions may not be willing to finance because
_______________ of the risks involves. And even if some of these private institutions are willing to do so, they may not have
210 Deliberations of the House of Representatives (March 2, 1994). the capability to assist such projects and activities. Development lending is much more than simply
providing medium to long-term funds to economically viable projects.
580 The proposed DBP charter amendment will help remodel DBP in the financial community as a
predominantly development bank that works closely with individuals, institutions and associations which 212
can provide resources and other types of assistance to projects with clearly-defined development impact.
In order to achieve DBP’s vision as the country’s premier development bank in a rapidly growing VOL. 446, DECEMBER 15, 2004 583
economic environment, the legislature sought to (1) increase the authorized capital of DBP from
P5 billion to P10 billion; and (2) restructure DBP’s organization into one which is market- Central Bank Employees Association, Inc. vs. Bangko
responsive, product focused, horizontally aligned, and with a lean, highly motivated work force by Sentral ng Pilipinas
removing the DBP from the coverage of the Salary Standardization Law. The DBP’s exemption
from the Salary Standardization Law was justified by the fact that it is an institution engaged in accountability we have is even higher than that of the local financial
development
213
activities which should be given the same opportunities as the private sector to institutions. And the pay, for example, of the Administrator is similar to a small branch in a
compete. bank. So, I don’t think our pay will be very competitive but certainly it’s too low considering the
accountability that is on the shoulder of the employees. If we end up with poor quality of
_______________ personnel, what would happen is these funds could be mismanaged, abused or just out of pure
212 Deliberations
negligence could be dissipated.
of the House of Representatives (January 20, 1998).
213 III Records of the Senate, 10th Congress, 627 (December 16, 1997).
HON. PADILLA. Mr. Chairman.
THE CHAIRMAN. Congressman Padilla.
582 HON. PADILLA. With the Standardization Law, how can we resolve that problem just
mentioned by the Administrator?
MR. VALENCIA. What will happen, Sir, is that we will ask outside assistance to work out a
salary structure that would be modest but at the same time at least make it more difficult (sic)
Central Bank Employees Association, Inc. vs. Bangko that will attract new people, new blood to the System—quality personnel, and will 214
also help
Sentral ng Pilipinas make it a bit more difficult for private sector to pirate from the institution. (Emphasis
supplied)
The exemption from the Salary Standardization Law does not only involve banks but government As the SSS exercises the same functions as the GSIS—the handling of sensitive and important
entities that manage pension funds such as the SSS and the GSIS. funds—the GSIS’ exemption from the Salary Standardization Law was easily justifiable, viz.:
Republic Act No. 1161 (R.A. No. 1161) established the SSS pursuant to a state policy of
providing meaningful protection to members and their beneficiaries against the hazards of HON. TUAZON. x x x Now, the GSIS and the SSS, they are more or less performing the
disability, sickness, maternity, old age, death, and other contingencies, resulting in loss of income same functions. So I am asking whether in the proposed amendments on the charter of the
or financial burden. Republic Act No. 8282 amended R.A. No. 1161 by providing for better benefit GSIS they also have similar proposal, because if I still recall, there was a time when the GSIS
packages, expansion of coverage, flexibility in investments, stiffer penalties for violators of the employees were the envy—not the SSS because the SSS has never been the envy of
law, condonation of penalties of delinquent employers and the establishment of a voluntary government employees because they really never have been paid very good salaries.—There
provident fund for members. was a time when the GSIS was the envy of other government employees because they had fat
The fund that the SSS administers comes from the compulsory remittances of the employer on bonuses, they had quarterly bonus, they had mid-year bonus, they had 3 months bonus,
behalf of his employees. The House of Representatives noted that the fund in 1996 amounted 5.5 Christmas bonus and their salaries were very much higher than their counterparts in the
billion dollars, the sheer enormity of which necessitated that it be exempt from the Salary
Standardization Law in order for it to attract quality personnel to ensure that the funds will not _______________
be mismanaged, abused or dissipated due to the negligence of its personnel. Moreover, the SSS,
214 Deliberations of the House of Representatives (August 7, 1996).
like the Land Bank and the DBP, was facing a massive exodus of its personnel who were
migrating to greener pastures. 584
MR. VALENCIA. x x x Now, the other law refers to the law on salary standardization. Again,
we are in a situation where we are competing for personnel with the private sector, 584 SUPREME COURT REPORTS ANNOTATED
especially the financial institutions. We compete with banks, we compete with
insurance companies for people. So what happens invariably is we lost our people Central Bank Employees Association, Inc. vs. Bangko
after we have trained them, after they have proven themselves with a track record, Sentral ng Pilipinas
with the very low pay that is being given to our people. We believe that with the
magnitude of the accountability that we have, (We are accountable for 5.5 billion
dollars, some 132 million pesos) ah, we think that we deserve the quality of people to government and they are saying, “By golly, the GSIS, they are only using the funds of the
ensure that these funds . . . and the pay out by the billions of pesos in terms of government employees and yet they are receiving fat salaries from the contributions of the
benefits and we collect by the billions of pesos, we believe that the magnitude of government employees. That was one of the complaints I was hearing at that time—I was still
money and First Year College—, so the next time I realized, all these fat salaries of the Central Bank . . .
Central Bank was also the envy of the other government employees, PNB, but SSS has never
583 been noted to be paying fat salaries that will be sufficient to attract well qualified employees from
the other sectors. So, the reason for my question is that, if we grant SSS, we have also to
grant GSIS215
on the rationale that they are both performing the same _______________
functions. (Emphasis supplied) 216 415 U.S. 361 (1974).
In sum, the basis for the exemption of certain employees of GOCCs or GFIs from the coverage of 586
the Salary Standardization Law rests not on the mere fact that they are employees of GOCCs or
GFIs, but on a policy determination by the legislature that such exemption is needed to fulfill the
mandate of the institution concerned considering, among others, that: (1) the GOCC or GFI is
essentially proprietary in character; (2) the GOCC or GFI is in direct competition with their Central Bank Employees Association, Inc. vs. Bangko
counterparts in the private sector, not only in terms of the provision of goods or services, but also Sentral ng Pilipinas
in terms of hiring and retaining competent personnel; and (3) the GOCC or GFI are or were
experiencing difficulties filling up plantilla positions with competent personnel and/or retaining treatment of the two groups. Congress expressly recognized that significant differences exist between
these personnel. The need for and the scope of exemption necessarily varies with the particular military service veterans and alternative service performers, particularly in respect of the Act’s purpose to
circumstances of each institution, and the corresponding variance in the benefits received by the provide benefits to assist in readjusting to civilian life. These differences “afford the basis for a different
217
employees is merely incidental. treatment within a constitutional framework.” (Italics and emphasis supplied; citations omitted)
_______________
Indeed, from the foregoing examination of the legislative records of the amended charters of the
exempt GOCCs and GFIs, the following real and material differences are readily manifest:
215 Deliberations of the House of Representatives (August 7, 1996). First, unlike
218
the LBP, DBP, SSS and GSIS, the BSP, in particular the Central Monetary
585
Authority, performs a primarily government function, not a proprietary or business function. In
this respect it is more similar to the other government agencies involved in the management of
the economy, such as the National Economic Development Authority (NEDA), than a commercial
VOL. 446, DECEMBER 15, 2004 585 bank.
Second, while the importance of its functions is undoubted, the BSP, unlike the LBP, DBP,
Central Bank Employees Association, Inc. vs. Bangko SSS and GSIS, is not subject to cut throat competition or the pressures of either the financial or
Sentral ng Pilipinas job markets.
Third, there is no indication in the record that the BSP, unlike the LBP, DBP, SSS and GSIS,
is experiencing difficulty in filling up or maintaining competent personnel in the positions with
There are real differences between the Rank & File of the BSP and the Exempted Rank & File SG 19 and below.
Employees of the other GOCCs/GFIs
There can be no doubt that the employees of the BSP share a common attribute with the _______________
employees of the LBP, SSS, GSIS and DBP in that all are employees of GOCCs performing 217 Id., at pp. 378-379.
fiduciary functions. It may also be reasonable to assume that BSP employees with SG 19 and 218 Section 1 of the New Central Bank Act provides:
below perform functions analogous to those carried out by employees of the other GOCCs with
Sec. 1. The State shall maintain a central monetary, authority that shall function and operate as an independent and accountable body
the corresponding salary grades. corporate in the discharge of its mandated responsibilities concerning money, banking and credit. In line with this policy, and
Nonetheless, these similarities alone are not sufficient to support the conclusion that rank- considering its unique functions and responsibilities, the central monetary authority established under this Act, while being a
government-owned corporation, shall enjoy fiscal and administrative autonomy.
and-file employees of the BSP may be lumped together with similar employees of the other
GOCCs for purposes of compensation, position classification and qualifications standards. The 587
fact that certain persons have some attributes in common does not automatically make them
members of the 216
same class with respect to a legislative classification. Thus, in Johnson, et al. v.
Robison, et al., involving the alleged violation of a conscientious objector’s right to equal VOL. 446, DECEMBER 15, 2004 587
protection, the U.S. Supreme Court had occasion to observe: Central Bank Employees Association, Inc. vs. Bangko
Of course, merely labeling the class of beneficiaries under the Act as those having served on active duty in Sentral ng Pilipinas
the Armed Services cannot rationalize a statutory discrimination against conscientious objectors who have
performed alternative civilian service, if, in fact, the lives of the latter were equally disrupted and equally in
need of readjustment. The District Court found that military veterans and alternative service performers The Questioned Proviso Cannot be Considered Oppressive or Discriminatory in Its Implementation
share the characteristic during their respective service careers of “inability to pursue the educational and
economic objectives that persons not subject to the draft law could pursue.” But this finding of similarity Given the factual basis for the classification between exempt and non-exempt employees (i.e. real
ignores that a common characteristic shared by beneficiaries and nonbeneficiaries alike, is not sufficient to distinctions as to the proprietary or governmental character of the GOCC/GFI, competition with
invalidate a statute when other characteristics peculiar to only one group rationally explain the the private sector, and difficulty in attracting and maintaining competent personnel) and the
statute’s different reasonable relationship of this classification to the attainment of the objectives of the laws
220 CONST.,
involved, the questioned proviso cannot be considered oppressive or discriminatory in its Art. VI, Sec. 1.
implementation. 589
Significantly, neither the petitioner nor the main opinion demonstrates what injuries
petitioner’s members have sustained as a result of the proviso in Section 15 (c) of The New
Central Bank Act, whether or not the same is read together with subsequent legislative VOL. 446, DECEMBER 15, 2004 589
enactments. This is unsurprising for how could a provision which places the BSP rank and file at
par with all other government employees in terms of compensation and position classification be Central Bank Employees Association, Inc. vs. Bangko
considered oppressive or discriminatory? Sentral ng Pilipinas
Moreover, Congressional
219
records show that House Bill 123 has been filed with the present
Thirteenth Congress seeking to amend The New Central Bank Act by, among other things, same time, in221line with its duty to determine the proper allocation of powers between the several
exempting all positions in the BSP from the Salary Standardization Law. Thus, it cannot be said departments, this Court is naturally hesitant to intrude too readily into the domain of another
that Congress has closed its mind to all possibility of amending the New Central Bank Act to co-equal branch of government where the absence of reason and the vice of arbitrariness are not
provide for the exemption of the BSP rank and file from the Compensation Classification System clearly and unmistakably established.
of the Salary Standardization Law. The contention in the main opinion that herein petitioner represents the “politically
powerless,” and therefore should not be compelled to seek a political solution, rings hollow.
_______________ First,
222
as pointed out by the U.S. Supreme Court in City of Cleburne Texas v. Cleburne Living
219 House Bill No. 1833 containing similar provisions was filed with the Twelfth Congress; House Bill No. 9427
Center, “[a]ny minority can be said to be powerless to assert direct control over the legislature,
containing similar provisions was filed with the Eleventh Congress.
but if that were a criterion for higher
223
level scrutiny by the courts, much economic and social
legislation would now be suspect.”
588 Second, there is nothing of record which would explain why the rank and file employees of the
BSP in particular should be considered more “powerless” than the rank and file employees of the
other GOCCs and GFIs, particularly those to whom Congress has granted exemption.
Third, as already mentioned, House Bill 123, providing for, among others, the exemption of all
Central Bank Employees Association, Inc. vs. Bangko BSP employees from the coverage of the Compensation Classification System of the Salary
Sentral ng Pilipinas Standardization Law is already pending in Congress. Thus, it would seem that the petitioner and
its members are not without any support from within that legislative body.
Moreover, in view of the tight fiscal and budgetary situation confronting the national
In fine, judged under the Rational Basis Test, the classification in Section 15 (c) of the New government, both the executive and legislative branches of the government are actively
Central Bank Act complies with the requirements of the equal protection clause, even taken reassessing the statutes which have exempted certain GOCCs and
together with the subsequent amendments of the charters of the other GOCCs and GFIs.
_______________
Petitioner’s Members’ Remedy is with Congress and Not With The Courts
221 Angara v. Electoral Commission, 63 Phil. 139, 157 (1936).
While the main opinion acknowledges the propriety of judicial restraint “under most 222 Supra.
circumstances” when deciding questions of constitutionality, in recognition of the “broad 223 Id., at p. 444.
discretion given to Congress in exercising its legislative power,” it nevertheless advocates active
intervention with respect to the exemption of the BSP rank and file employees from the 590
Compensation Classification System of the Salary Standardization Law.
Considering, however, that the record fails to show (1) that the statutory provision in question
affects either a fundamental right or a suspect class, and, more importantly, (2) that the 590 SUPREME COURT REPORTS ANNOTATED
classification contained therein was completely bereft of any possible rational and real basis, it Central Bank Employees Association, Inc. vs. Bangko
would appear that judicial restraint is not merely preferred but is in fact mandatory, lest this Sentral ng Pilipinas
Court stray from its function of adjudication and trespass into the realm of legislation.
To be sure, inasmuch as exemption from the Salary Standardization Law requires a factually
grounded policy determination by the legislature that such exemption is necessary and desirable GFIs from 224the Salary Standardization Law, as reported in a number of newspapers of general
for a government agency or GOCC to accomplish its purpose, the appropriate remedy of petitioner circulation.
is with Congress and not with the courts. As the branch of government entrusted with the Thus, in line with the austerity program set under Administrative Order 130 issued by the
President on August 31, 2004, the Department of225Budget and Management is reviewing the pay
220
plenary power to make and amend laws, it is well within the powers of Congress to grant
exceptions to, or to amend where necessary, the Salary Standardization Law, where the public packages of 1,126 GOCCs and their subsidiaries, particularly those which have226been exempted
good so requires. At the from the Compensation Classification System
227
of the Salary Standardization Law, to bring their
salaries at par with national agencies. Additionally, the Department of Budget has moved for
_______________
the removal of all the exemptions of the GOCCs from the Salary Standardization law and the (http.//manilatimes.net/national/2004/sept/17/yehey/top_stories/20040917top3.html.
slashing of sala- 592
_______________
224 Vide: “Pay Cuts for Gov’t Fat Cats: GSIS, SSS heads vow to back austerity plan,” Philippine Daily Inquirer at A1,
September 17, 2004; “Gov’t Fat Cats Under Fire, Boncodin: Perks, pay of execs not illegal” Philippine Daily Inquirer at A1, Central Bank Employees Association, Inc. vs. Bangko
September 16, 2004; “GOCC Execs Get P5M to P9M in pay, Boncodin tells Senators” Philippine Daily Inquirer at A1,
September 15, 2004; “Senate ‘WMD’ to hit GOCCs” The Philippines Star, September 17, 2004; “Gov’t Execs Get Top,
P9.85M a year for ex-PCSO chief” The Manila Times, September 15, 2004; “Gov’t Execs Told To Cut Salaries, GOCCs &
GFIs ordered to help in austerity campaign” The Manila suggested a cut on the salary schemes of GOCC executives, with the funds saved234to be channeled
Bulletin, http://www.mb.com.ph/MAIN2004091118212.html; “Clamor for GOCC pay cuts spreads to the House” The
Manila Times,September 9, 2004; “GOCCs Carry bulk of R5.4-T National Debt, The Manila
to a “special fund” for giving lowly paid government employees a salary increase.
Bulletin, http://www.mb.com.ph/MTNN2004090817955.html; “State Firms Fuel Crisis, Senators blame GOCC officials,” Whether any of the foregoing measures will actually be implemented by the Congress still
The Manila Times, September 8, 2004. remains to be seen. However, what is important is that Congress is actively reviewing the policies
225 “GMA: GOCCs wiped into line, Retain your fat paychecks and get fired, GOCC execs warned,” Manila Bulletin at 1,
concerning GOCCs and GFIs with respect to the Salary Standardization Law.
6, September 17, 2004. Hence, for this Court to intervene now, when no intervention is called for, would be to
226 “Poor provinces protest decrease in pork barrel, GOCC pay cut plan “Manila Bulletin at A1, A4, September 16, 2004.
227 “GOCC execs agree to pay cut,” Manila Times, September 17, 2004 (http://manila
prematurely curtail the public debate on the issue of compensation of the employees of the
times.net/national/2004/sept/17/yehey/top_ stories/20040927top3.html). GOCCs and GFIs, and effectively substitute this Court’s policy judgments for those of the
legislature, with whom the “power of the purse” is constitutionally lodged. Such would not only
591 constitute an improper exercise of the Court’s power of judicial, review, but may also effectively
stunt the growth and maturity of the nation as a political body as well.
VOL. 446, DECEMBER 15, 2004 591 In this regard, it may be worthwhile to reflect upon the words
235
of Mr. Chief Justice Berger of
the American Court in his dissenting opinion in Plyler v. Doe, to wit:
The Court makes no attempt to disguise that it is acting to make up for Congress’ lack of
Sentral ng Pilipinas “effective leadership” in dealing with the serious national problems caused by the influx of uncountable
millions of illegal aliens across our borders. The failure of enforcement of the immigration laws over more
228
ries of some GOCC officials to help ease the government’s financial problems. than a decade and the inherent difficulty and expense of sealing our vast borders have combined to create a
229
There have also been suggestions to shift to a performance-based compensation structure, or grave socioeconomic dilemma. It is a dilemma that has not yet been fully assessed, let alone
addressed. However, it is not the function of the Judiciary to provide “effective leadership”
to amend the charters of the GOCCs exempted230from the Salary Standardization Law to allow the
simply because the political branches of government fail to do so.
President to set limits on the compensation received by their personnel. Budget Secretary
Emilia Boncodin has also disclosed that the President had mandated “a cut in pay of members of
_______________
the board and officers of GOCCs that are not competing with the private sector,” adding that
those who “d[o] not 231compete with the private sector would have to observe the Salary 234 Gov’t fat cats under fire, Boncodin: Perks, pay of execs not illegal,” Philippine Daily Inquirer at A1, September 16,
Standardization Law.” 2004.

235 Supra.
Together with these developments, House Majority Leader Prospero Nograles has called232
on
Congress to step in and institute amendments to existing charters of GFI’s and GOCCs which 593
have been exempted from the Compensation Classification System of the Salary Standardization
Law; and, 233
thereafter, pass a law standardizing the salaries of GOCC and GFI employees and
executives. Other members of the House of Representatives, particularly the party-list VOL. 446, DECEMBER 15, 2004 593
lawmakers, have
_______________
228 “Budget dept eyes cut in pay of GOCC officials,” September 11, 2004 The Court’s holding today manifests the justly criticized judicial tendency to attempt speedy
(http://money.inq7.net/topstories/view_topstories.php?yyy=2004&mon=09&dd=11&file=3.
229
and wholesale formulation of “remedies” for the failures—or simply the laggard pace—of the
“GOCC execs agree to pay cut,” Manila Times, September 17, 2004
political processes of our system of government. The Court employs, and in my view abuses, the
(http://manilatimes.net/national/2004/sept/17/yehey/top_stories/20040927top3.html).
230 “Gov’t fat cats under fire,” Philippine Daily Inquirer at A1. September 16, 2004. Fourteenth Amendment in an effort to become an omnipotent and omniscient problem solver. That
231 “Pay cuts for gov’t fat cats, GSIS, SEC heads vow to back austerity plan,” Philippine Daily Inquirer at A1, the motives for doing so are noble and compassionate does not alter the fact that the Court
September 17, 2004. distorts our constitutional function to make amends for the defaults of others.
232 “GMA: GOCC wiped into line, Retain your fat paychecks and get fired, GOCC execs warned,” Manila Bulletin at 1, 6, xxx
September 17, 2004. The Constitution does not provide a cure for every social ill, nor does it vest judges with a
233 “GOCC execs agree to pay cut,” Manila Times, September 17, 2004 mandate to try to remedy every social problem. Moreover, when this Court rushes to remedy what
237 Main Opinion at p. 57.
it perceives to be the failing of the political processes, it deprives those processes of an opportunity 238 Id., atp. 55.
to function. When the political institutions are not forced to exercise constitutionally allocated 239 Supra.
powers and responsibilities, those powers, like muscles not used, tend to atrophy. Today’s cases,
I regret to say, present yet another example of unwarranted judicial 236
action which in the long 595
run tends to contribute to the weakening of our political processes. (Emphasis supplied; citations
and footnotes omitted)
VOL. 446, DECEMBER 15, 2004 595
The Social Justice Provisions of the Constitution do not Justify the Grant of the Instant Petition Central Bank Employees Association, Inc. vs. Bangko
May this Court depart from established rules in equal protection analysis to grant a group of Sentral ng Pilipinas
government employees, the Bangko Sentral ng Pilipinas’ rank and file, adjustments in their
salaries and wages? Can the exemption from a law mandating the salary standardization of all Decree No. 985 (A Decree Revising the240Position Classification and Compensation Systems in the National
government employees be justified based on the economic and financial needs of the employees, Government, and Integrating the same)
and on the assertion that those who have less in life should have more in law? Can the social
At the same time, the General Provisions of the Salary Standardization Law clearly incorporate
justice provisions in the Constitution override the strong presump-
the spirit and intent of the social justice provisions cited in the main opinion, to wit:
_______________ SECTION 3. General Provisions.—The following principles shall govern the Compensation and Position
Classification System of the Government:
236 Id., at pp. 242-253.
(a) All government personnel shall be paid just and equitable wages; and while pay distinctions must
594
necessarily exist in keeping with work distinctions, the ratio of compensation for those occupying
higher ranks to those at lower ranks should be maintained at equitable levels, giving due
consideration to higher percentage of increases to lower level positions and lower percentage
increases to higher level positions;
Central Bank Employees Association, Inc. vs. Bangko (b) Basic compensation for all personnel in the government and government-owned or controlled
Sentral ng Pilipinas corporations and financial institutions shall generally be comparable with those in the private sector
doing comparable work, and must be in accordance with prevailing laws on minimum wages;
(c) The total compensation provided for government personnel must be maintained at a reasonable level
tion of constitutionality of the law and place the burden, under the test of “strict scrutiny”, upon in proportion to the national budget;
the government to demonstrate that its classification has been narrowly tailored to further (d) A review of government compensation rates, taking into account possible erosion in purchasing
compelling governmental interests? power due to inflation and other factors, shall be conducted periodically.
Notwithstanding the lack of support from both local and foreign jurisprudence to justify the
grant of the instant petition, the main237
opinion maintains that the policy of social justice and the How then are the aims of social justice served by removing the BSP rank and file personnel from
special protection afforded to labor require the use of equal protection as a tool of effective the ambit of the Salary Standardization Law? In the alternative, what other public purpose
intervention, 238and the adoption of a less deferential attitude by this Court to legislative would be served by ordering such an exemption? Surely to grant the rank and file of the BSP
classification. exemption solely for the reason that other GOCC or GFI employees have been
The citation of the social justice provisions of the Constitution, are non sequitur. As previously
discussed, neither the petitioner nor the main opinion has clearly explained how a provision _______________
placing the rank and file of the BSP on equal footing with all other government employees in
240 Ibid.
terms of compensation and position classification can be considered oppressive or discriminatory. 239
In this regard, the citation of International School Alliance of Educators v. Quisumbing is 596
doubly ironic. For to demonstrate the institutionalization of the principle of “equal pay for equal
work” in our legal system, footnote 22 of the decision refers specifically to the Salary
Standardization Law as embodying said principle: 596 SUPREME COURT REPORTS ANNOTATED
Indeed, the government employs this rule “equal pay for equal work” in fixing the compensation of Central Bank Employees Association, Inc. vs. Bangko
government employees. Thus, Republic Act No. 6758 (An Act Prescribing a Revised Compensation and Sentral ng Pilipinas
Position Classification System in Government and for Other Purposes) declares it “the policy of the State to
provide equal pay for substantially equal work and to base differences in pay upon substantive differences in
duties and responsibilities, and qualification requirements of the positions. See also the Preamble of exempted, without regard for the reasons which impelled the legislature to provide for those
Presidential exemptions, would be to 241crystallize into our law what Justice Holmes sardonically described as
“merely idealizing envy.”
_______________ Similarly, the justification that petitioner and its members represent “the more impotent rank
and file government employees who, unlike employees in the private sector, have no specific
rights to organize as a collective bargaining unit and negotiate for better terms and conditions for or firm discipline among their staff members. It would be highly incompatible with these requirements of the public
employment, nor the power to hold a strike to protest unfair labor practices” is unconvincing. service, if
This Court’s discussion of the differences between employment in the GOCCs/GFIs and the 598
private sector, to my mind, is more insightful:
The general rule in the past and up to the present is that “the terms and conditions of employment in the 598 SUPREME COURT REPORTS ANNOTATED
Government, including any political subdivision or instrumentality thereof are governed by law” (Section 11,
the Industrial Peace Act, R.A. No. 875, as amended and Article, 277, the Labor Code, P.D. No. 442, as Central Bank Employees Association, Inc. vs. Bangko
amended). Since the terms and conditions of government employment are fixed by law, Sentral ng Pilipinas
government workers cannot use the same weapons employed by workers in the private sector to
secure concessions from their employers. The principle behind labor unionism in private
industry is that industrial peace cannot be secured through compulsion by law. Relations personnel took orders from union leaders or put solidarity with members of the working class above solidarity with the
between private employers and their employees rest on an essentially voluntary basis. Subject Government. This would be inimical to the public interest.
to the minimum requirements of wage laws and other labor and welfare legislation, the terms xxx
and conditions of employment in the unionized private sector are settled through the process of “Similarly, Delegate Leandro P. Garcia, expressing support for the inclusion of government-owned or controlled
corporations in the Civil Service, argued:
collective bargaining. In government employment, however, it is the legislature and,where
“‘It is meretricious to contend that because Government-owned or controlled corporations yield profits, their employees
properly given delegated power, the administrativeheads of government which fix the terms and
are entitled to better wages and fringe benefits than employees of Government other than Government-owned and
conditions ofemployment. And this is effected through statutes or administrative circulars, rules, controlled corporations which are not making profits. There is no gainsaying the fact that the capital they use is the
and regulations, not through collective bargaining agreements. people’s money.’ (see: Records of the 1971 Constitutional Convention).
“Summarizing the deliberations of the 1971 Constitutional Convention on the inclusion of Government-owned or
_______________ controlled corporations, Dean Joaquin G. Bernas, SJ., of the Ateneo de Manila University Professional School of Law,
stated that government-owned corporations came under attack as milking cows of a privileged few enjoying
241 Quoted in F.A. HAYEK, THE CONSTITUTION OF LIBERTY 85 (1960 Ed.). salaries far higher than their counterparts in the various branches of government, while the capital of
these corporations belongs to the Government and government money is pumped into them whenever on
597 the brink of disaster, and they should therefore come under the stric[t] surveillance of the Civil Service
System. (Bernas, The 1973 Philippine Constitution, Notes and Cases,1974 ed., p. 524).”
xxx
VOL. 446, DECEMBER 15, 2004 597
Section 6, Article XII-B of the Constitution gives added reasons why the government
Central Bank Employees Association, Inc. vs. Bangko employees represented by the petitioners cannot expect treatment in matters of salaries
Sentral ng Pilipinas different from that extended to all other government personnel. The provision states:
“SEC. 6. The National Assembly shall provide for the standardization of compensation of government officials and
xxx employees, including those in government-owned or controlled corporations, taking into account the nature of the
Personnel of government-owned or controlled corporations are now part of the civil service. responsibili-
It would not be fair to allow them to engage in concerted activities to wring higher salaries or
599
fringe benefits from Government even as other civil service personnel such as the hundreds of
thousands of public school teachers, soldiers, policemen, health personnel, and other
government workers are denied the right to engage in similar activities.
To say that the words “all employers” in P.D. No. 851 includes the Government and all its agencies,
VOL. 446, DECEMBER 15, 2004 599
instrumentalities, and government-owned or controlled corporations would also result in nightmarish Central Bank Employees Association, Inc. vs. Bangko
budgetary problems.
For instance, the Supreme Court is trying its best to alleviate the financial difficulties of courts, judges, Sentral ng Pilipinas
and court personnel in the entire country but it can do so only within the limits of budgetary appropriations.
Public school teachers have been resorting to what was formerly unthinkable, to mass leaves and ties pertaining to, and the qualifications required for the positions concerned.”
demonstrations, to get not a 13th-month pay but promised increases in basic salaries and small allowances
for school uniforms. The budget of the Ministry of Education, Culture and Sports has to be supplemented It is the legislature or, in proper cases, the administrative heads of government and not the
every now and then for this purpose. The point is, salaries and fringe benefits of those embraced by the civil collective bargaining process nor the concessions wrung by labor unions from management that
service are fixed by law. Any increases must come from law, from appropriations or savings under the law, determine how much the workers in government-owned or controlled corporations may receive
and not from concerted activity. in terms of salaries, 13th month pay, and other conditions or terms of employment. There are
The Government Corporate Counsel, Justice Manuel Lazaro, in his consolidated comment for respondents government institutions which can afford to pay two weeks, three weeks, or even 13th-month salaries to
GSIS, MWSS, and PVTA gives the background of the amendment which includes every government-owned their personnel
242
from their budgetary appropriations. However, these payments must be pursuant to law or
or controlled corporation in the embrace of the civil service: regulation. (Emphasis supplied)
xxx
Certainly, social justice is more than picking and choosing lines from Philippine and foreign
“ ‘Moreover, determination of employment conditions as well as supervision of the management of the public service is in instruments, statutes and jurisprudence, like ripe cherries, in an effort to justify preferential
243
the hands of legislative bodies. It is further emphasized that government agencies in the performance of their duties treatment of a favored group. In the immortal words of Justice Laurel in Calalang v. Williams:
have a right to demand undivided allegiance from their workers and must always maintain a pronounced esprit de corps
The petitioner finally avers that the rules and regulations complained of infringe upon the constitutional VOL. 446, DECEMBER 15, 2004 601
precept regarding the promotion of social justice to insure the well-being and economic security of all the
people. The promotion of social justice, however, is to be achieved not through a mistaken Central Bank Employees Association, Inc. vs. Bangko
sympathy towards any given group. Social justice is “neither communism, nor despotism, nor Sentral ng Pilipinas
atomism, nor anarchy,” but the humanization of laws and the equalization of social and
economic forces by the State so that justice in its rational and objectively secular conception
may at least be approximated. Social justice means the promotion of the welfare of all the people, the
adoption by the Government of measures calculated to insure economic stability of all the competent
elements of society, through the maintenance of a proper economic and social equilibrium in the CONCURRING OPINION
interrelations of the members of the community, constitutionally, through the adoption of measures legally
justifiable, or extra-
CHICO-NAZARIO, J.:
_______________ 1
Does Sec. 15(c), Article II, Republic Act No. 6753, which allows the exemption of BSP 2
employees
242 Alliance of Government Workers v. Minister of Labor and Employment, 124 SCRA 1, 13-20 (1983).
243 70 Phil. 726 (1940). occupying salary grade (SG) 20 and above from the coverage of Rep. Act No. 6758 result in a
denial of petitioner’s constitutional right to equal protection of the law?
600 I submit that it does and said provision should therefore be declared unconstitutional on the
ground that the division between BSP employees covered from SG 19 down and from SG 20 up is
purely arbitrary. Even given the wide discretion vested in Congress to make classifications, it is
nonetheless clear that the lawmaking body abused its discretion in making such classification.
Central Bank Employees Association, Inc. vs. Bangko It is not disputed that all that is required for a valid classification is that it must be
Sentral ng Pilipinas reasonable, i.e., that it must be based on substantial distinctions which make for real differences;
it must be germane to the purpose of the law; it3 must not be limited to existing conditions and it
must apply equally to each member of the class.
constitutionally, through the exercise of powers 244
underlying the existence of all governments on the time-
honored principle of salus populi est suprema lex. (Emphasis and italics supplied) In the instant case, the classification was justified on the need of the BSP to compete in the
labor market for economists, accountants, lawyers, experts in security, printing, commercial and
rural banking, financial 4
intermediation fund management, and other highly technical and
Postscript professional personnel, which it could not do unless personnel occupying top positions are
I agree wholeheartedly with the main opinion’s statement that “[t]here should be no hesitation in exempted from the coverage of Rep. Act No. 6758, the Salary Standardization Law.
using the equal protection clause as a major cutting edge to eliminate every conceivable irrational
discrimination in our society.” _______________
However, because I find that the classification contained in the questioned proviso is based on 1 New Central Bank Act.
real differences between the executive level and the rank and file of the BSP; is rationally related 2 SalaryStandardization Law.
to the attainment of the objectives of the new Central Bank Act; and, further, that the 3 Peoplev. Vera, 65 Phil. 56.
4 V Records of the House of Representatives, 9th Congress, 1st Session 783 (31 March 1993) at 166.
subsequent amendments to the charters of certain other GOCCs and GFIs did not materially
affect the rational basis for this classification, I do not believe that the classification in the case at 602
bar is impressed with the vice of irrationality.
The mere fact that petitioner’s members are employees of the Bangko Sentral ng
Pilipinas, admittedly perhaps the biggest among the GFIs, does not, to my mind, automatically 602 SUPREME COURT REPORTS ANNOTATED
justify their exemption provided for by the Salary Standardization Law. In my humble view, the
equal protection clause ought not to be used as a means of “reserving greener pastures to sacred Central Bank Employees Association, Inc. vs. Bangko
cows” in contravention of the Constitutional mandate to “provide for the standardization of Sentral ng Pilipinas
compensation of government officials and employees, including those in government-owned or
controlled corporations with original charters, taking into account the nature of the Under Rep. Act No. 6758, however, professional supervisory positions are covered by SG 9 to SG
responsibilities pertaining to, and the qualifications required for their positions.” 33 which includes:
WHEREFORE, I vote to deny the instant petition.
(R)esponsible positions of a managerial character involving the exercise of management functions such as
planning, organizing, directing, coordinating, controlling and overseeing within delegated authority the
_______________
activities of an organization, a unit thereof or of a group, requiring some degree of professional, technical or
244 Id., at pp. 734-735. scientific knowledge and experience, application of managerial or supervisory skills required to carry out
their basic duties and responsibilities involving functional guidance and control, leadership, as well as line
601 supervision. These positions require intense and thorough knowledge of a specialized field usually acquired
from completion of a bachelor’s degree or higher degree courses.
5
5
The positions in this category are assigned Salary Grade 9 to Salary Grade 33. (Italics supplied) 604
SG 33 is assigned to the President of the Philippines; SG 32 is for the Vice-President, Senate

President, Speaker of the House and Chief Justice of this Court. SG 31 is for senators, associate 604 SUPREME COURT REPORTS ANNOTATED
justices of this Court, chairpersons of the constitutional commissions, department secretaries and
other positions of equivalent rank while SG 30 is assigned to the constitutional commissioners
and other positions of equivalent rank.
6
Economists, accountants, lawyers and other highly technical and professional personnel are
covered under SG 9 to 29 as already adverted to. Section 15(c), Article II, RA No. 7653 declared unconstitutional.
Classification in law is the grouping of persons/objects because they agree with one another in
certain particulars and differ from others in those same particulars. In the instant case, however, Notes.—So much for the authorities. For the nonce we would prefer to forget them entirely,
SG 20 and up do not differ from SG 19 and down in terms of technical and professional expertise and here in the Philippines, being in the agreeable state of breaking new ground, would rather
needed as the entire range of positions all “require intense and thor- desire our decision to rest on a strong foundation of reason and justice than on a weak one of
blind adherence to tradition and precedent. (Villaflor vs. Summers, 41 Phil. 62 [1920])
_______________
Under the policy of social justice, the law bends over backward to accommodate the interests of
the working class on the humane justification that those with less privilege in life should have
5 Section 5(a), Rep. Act No. 6758. more in law. Rightly, we have stressed that social justice legislation, to be truly meaningful and
6 Sections 7 and 8, ibid. rewarding to our workers, must not be hampered in its application by longwinded arbitration and
603 litigation. Rights must be asserted and benefits received with the least inconvenience. (Uy vs.
Commission on Audit, 328 SCRA 607 [2000])
VOL. 446, DECEMBER 15, 2004 603 ——o0o——

ough knowledge of a specialized field usually acquired from completion of a bachelor’s degree or
higher courses.”
Consequently, if BSP needs an exemption from Rep. Act No. 6758 for key positions in order
that it may hire the best and brightest economists, accountants, lawyers and other technical and
professional people, the exemption must not begin only in SG 20.
Under the circumstances, the cut-off point, the great divide, between SG 19 and 20 is entirely
arbitrary as it does not have a reasonable or rational foundation. This conclusion finds support in
no less than the records of the congressional deliberations, the bicameral conference committee
having pegged the cut-off period at SG 20 despite 7
previous discussions in the Senate that the
“executive group” is “probably” SG 23 and above.
Moreover, even assuming that the classification is reasonable, nonetheless, its continued
operation will result in hostile discrimination against those occupying grades 19 and below.
As pointed out by Mr. Justice Puno, some other government corporations, by law, now
exempt all their employees from the coverage of Rep. Act No. 6758. BSP employees occupying SG
19 and below, however, shall remain under Rep. Act No. 6758 considering the rule that the
subject classification, to be valid, must not be limited only to conditions existing as of the time the
law was passed. Thus, while BSP employees from SG 19 down will continue to be covered under
Rep. Act No. 6758, other government employees of the same class and occupying the same
positions in government corporations will be exempt.
I therefore concur with Justice Puno in that respect and, considering his thorough discussion, I
have nothing more to add thereto.
_______________
7 IV Records of the Senate, 9th Congress, 1st Session 1086-87 (05 June 1993).

Central Bank Vs Bangko Sentral 446 SCRA 229 (2004)

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* Same; Enrolled Bill Doctrine; As early as 1947 and reiterated in subsequent cases, the Supreme Court

CARPIO,J., Dissenting Opinion: VOL. 446, DECEMBER 15, 2004 325

1. The concept of relative constitutionality. 349

The constitutionality of a statute cannot, in every instance, be determined by a mere comparison

1. LBP (R.A. No. 7907)

2. SSS (R.A. No. 8282)

VOL. 446, DECEMBER 15, 2004 377 _______________

national Covenant on Civil and Political Rights, 1 E.H.R.L.R. 24-52 (2003).

380 SUPREME COURT REPORTS ANNOTATED

the parties. Ibid. VOL. 446, DECEMBER 15, 2004 409

Not Grossly Discriminatory

_______________ VOL. 446, DECEMBER 15, 2004 421

_______________ 424 SUPREME COURT REPORTS ANNOTATED

Sentral ng Pilipinas 31, 1957, per Labrador, J.).

(citing Nordlinger v. Hahn, 505 US 1, 15, 112 S.Ct. 2326, 2334, June 18, 1992).

7. RA No. 9302 (2004) for Philippine Deposit Insurance Corporation (PDIC).

444 conditions of measures it enacts. The equal protection clause 249

compared to the latter.

_______________ Strict Scrutiny

VOL. 446, DECEMBER 15, 2004 495

VOL. 446, DECEMBER 15, 2004 497 499

Central Bank Employees Association, Inc. vs. Bangko

Legislative Must Must be compelling. Must be important. UAW, supra at 370:

Central Bank Employees Association, Inc. vs. Bangko PREAMBLE:

jurisprudence, but to no avail.

545 Senator Maceda. x x x

_______________ Senator If that is an amendment, Mr. President,

VOL. 446, DECEMBER 15, 2004 553 Laborer I 1

Central Bank Employees Association, Inc. vs. Bangko Messenger 2

Rural Health Physician 20

Central Bank Employees Association, Inc. vs. Bangko _______________

Standardization Law.” 2004.

SG 33 is assigned to the President of the Philippines; SG 32 is for the Vice-President, Senate

VOL. 446, DECEMBER 15, 2004 603 ——o0o——

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