G.R. No.

L-49112 February 2, 1979 constitutional infirmity is devoid of justification The limited access roads, the owner, user or driver thereof
LEOVILLO C. AGUSTIN, petitioner,  Letter of Instruction on is a valid police power shall cause the warning device mentioned herein to be
vs. measure. Nor could the implementing rules and installed at least four meters away to the front and
HON. ROMEO F. EDU, in his capacity as Land regulations issued by respondent Edu be considered as rear of the motor vehicle staged, disabled or parked.
Transportation Commissioner; HON. JUAN amounting to an exercise of legislative power. 3. The Land Transportation Commissioner shall cause
PONCE ENRILE, in his capacity as Minister of Accordingly, the petition must be dismissed. Reflectorized Triangular Early Warning Devices, as
National Defense; HON. ALFREDO L. JUINIO, in herein described, to be prepared and issued to
his capacity as Minister Of Public Works, The facts are undisputed. The assailed Letter of registered owners of motor vehicles, except
Transportation and Communications; and HON: Instruction No. 229 of President Marcos, issued on motorcycles and trailers, charging for each piece not
BALTAZAR AQUINO, in his capacity as Minister December 2, 1974, reads in full: "[Whereas], statistics more than 15 % of the acquisition cost. He shall also
of Public Highways, respondents. show that one of the major causes of fatal or serious promulgate such rules and regulations as are
Leovillo C. Agustin Law Office for petitioner. accidents in land transportation is the presence of appropriate to effectively implement this order. 4. All
Solicitor General Estelito P. Mendoza, Assistant disabled, stalled or parked motor vehicles along hereby concerned shall closely coordinate and take
Solicitor General Ruben E. Agpalo and Solicitor streets or highways without any appropriate early such measures as are necessary or appropriate to carry
Amado D. Aquino for respondents. warning device to signal approaching motorists of into effect then instruction. 3 Thereafter, on November
their presence; [Whereas], the hazards posed by such 15, 1976, it was amended by Letter of Instruction No.
FERNANDO, J.: obstructions to traffic have been recognized by 479 in this wise. "Paragraph 3 of Letter of Instruction
The validity of a letter of Instruction 1 providing for international bodies concerned with traffic safety, the No. 229 is hereby amended to read as follows: 3. The
an early seaming device for motor vehicles is assailed 1968 Vienna Convention on Road Signs and Signals Land transportation Commissioner shall require every
in this prohibition proceeding as being violative of the and the United Nations Organization (U.N.); motor vehicle owner to procure from any and present
constitutional guarantee of due process and, insofar as [Whereas], the said Vienna Convention which was at the registration of his vehicle, one pair of a
the rules and regulations for its implementation are ratified by the Philippine Government under P.D. No. reflectorized early warning device, as d bed of any
concerned, for transgressing the fundamental 207, recommended the enactment of local legislation brand or make chosen by mid motor vehicle. The
principle of non- delegation of legislative power. The for the installation of road safety signs and devices; Land Transportation Commissioner shall also
Letter of Instruction is stigmatized by petitioner who [Now, therefore, I, Ferdinand E. Marcos], President of promulgate such rule and regulations as are
is possessed of the requisite standing, as being the Philippines, in the interest of safety on all streets appropriate to effectively implement this
arbitrary and oppressive. A temporary restraining and highways, including expressways or limited order.'" 4 There was issued accordingly, by respondent
order as issued and respondents Romeo F. Edu, Land access roads, do hereby direct: 1. That all owners, Edu, the implementing rules and regulations on
Transportation Commissioner Juan Ponce Enrile, users or drivers of motor vehicles shall have at all December 10, 1976. 5 They were not enforced as
Minister of National Defense; Alfredo L. Juinio, times in their motor vehicles at least one (1) pair of President Marcos on January 25, 1977, ordered a six-
Minister of Public Works, Transportation and early warning device consisting of triangular, month period of suspension insofar as the installation
Communications; and Baltazar Aquino, Minister of collapsible reflectorized plates in red and yellow of early warning device as a pre-registration
Public Highways; were to answer. That they did in a colors at least 15 cms. at the base and 40 cms. at the requirement for motor vehicle was concerned. 6 Then
pleading submitted by Solicitor General Estelito P. sides. 2. Whenever any motor vehicle is stalled or on June 30, 1978, another Letter of Instruction 7 the
Mendoza. 2 Impressed with a highly persuasive disabled or is parked for thirty (30) minutes or more lifting of such suspension and directed the immediate
quality, it makes devoid clear that the imputation of a on any street or highway, including expressways or implementation of Letter of Instruction No. 229 as
amended. 8 It was not until August 29, 1978 that Commission," 11 alleged that said Letter of Instruction
respondent Edu issued Memorandum Circular No. 32, No. 229, as amended, "clearly violates the provisions Two motions for extension were filed by the Office of
worded thus: "In pursuance of Letter of Instruction and delegation of police power, [sic] * * *: " For him the Solicitor General and granted. Then on November
No. 716, dated June 30, 1978, the implementation of they are "oppressive, unreasonable, arbitrary, 15, 1978, he Answer for respondents was submitted.
Letter of Instruction No. 229, as amended by Letter of confiscatory, nay unconstitutional and contrary to the After admitting the factual allegations and stating that
Instructions No. 479, requiring the use of Early precepts of our compassionate New Society." 12 He they lacked knowledge or information sufficient to
Warning Devices (EWD) on motor vehicle, the contended that they are "infected with arbitrariness form a belief as to petitioner owning a Volkswagen
following rules and regulations are hereby issued: 1. because it is harsh, cruel and unconscionable to the Beetle car," they "specifically deny the allegations
LTC Administrative Order No. 1, dated December 10, motoring public;" 13 are "one-sided, onerous and and stating they lacked knowledge or information
1976; shall now be implemented provided that the patently illegal and immoral because [they] will make sufficient to form a belief as to petitioner owning a
device may come from whatever source and that it manufacturers and dealers instant millionaires at the Volkswagen Beetle Car, 17 they specifically deny the
shall have substantially complied with the EWD expense of car owners who are compelled to buy a set allegations in paragraphs X and XI (including its
specifications contained in Section 2 of said of the so-called early warning device at the rate of P subparagraphs 1, 2, 3, 4) of Petition to the effect that
administrative order; 2. In order to insure that every 56.00 to P72.00 per set." 14 are unlawful and Letter of Instruction No. 229 as amended by Letters
motor vehicle , except motorcycles, is equipped with unconstitutional and contrary to the precepts of a of Instructions Nos. 479 and 716 as well as Land
the device, a pair of serially numbered stickers, to be compassionate New Society [as being] compulsory transportation Commission Administrative Order No.
issued free of charge by this Commission, shall be and confiscatory on the part of the motorists who 1 and its Memorandum Circular No. 32 violates the
attached to each EWD. The EWD. serial number shall could very well provide a practical alternative road constitutional provisions on due process of law, equal
be indicated on the registration certificate and official safety device, or a better substitute to the specified set protection of law and undue delegation of police
receipt of payment of current registration fees of the of EWD's." 15 He therefore prayed for a judgment power, and that the same are likewise oppressive,
motor vehicle concerned. All Orders, Circulars, and both the assailed Letters of Instructions and arbitrary, confiscatory, one-sided, onerous, immoral
Memoranda in conflict herewith are hereby Memorandum Circular void and unconstitutional and unreasonable and illegal the truth being that said
superseded, This Order shall take effect for a restraining order in the meanwhile. allegations are without legal and factual basis and for
immediately. 9 It was for immediate implementation the reasons alleged in the Special and Affirmative
by respondent Alfredo L. Juinio, as Minister of Public A resolution to this effect was handed down by this Defenses of this Answer."18 Unlike petitioner who
Works, transportation, and Communications. 10 Court on October 19, 1978: "L-49112 (Leovillo C. contented himself with a rhetorical recital of his litany
Agustin v. Hon. Romeo F. Edu, etc., et al.) — of grievances and merely invoked the sacramental
Petitioner, after setting forth that he "is the owner of a Considering the allegations contained, the issues phrases of constitutional litigation, the Answer, in
Volkswagen Beetle Car, Model 13035, already raised and the arguments adduced in the petition for demonstrating that the assailed Letter of Instruction
properly equipped when it came out from the prohibition with writ of prohibitory and/or mandatory was a valid exercise of the police power and
assembly lines with blinking lights fore and aft, which injunction, the Court Resolved to (require) the implementing rules and regulations of respondent
could very well serve as an early warning device in respondents to file an answer thereto within ton (10) Edu not susceptible to the charge that there was
case of the emergencies mentioned in Letter of days from notice and not to move to dismiss the unlawful delegation of legislative power, there was
Instructions No. 229, as amended, as well as the petition. The Court further Resolved to [issue] a in the portion captioned Special and Affirmative
implementing rules and regulations in Administrative [temporary restraining order] effective as of this date Defenses, a citation of what respondents believed to
Order No. 1 issued by the land transportation and continuing until otherwise ordered by this Court.16 be the authoritative decisions of this Tribunal calling
for application. They are Calalang v. interfere with personal liberty or property in order to to obstruct unreasonably the enactment of such
Williams, 19 Morfe v. Mutuc, 20 and Edu v. promote the general welfare. Persons and property salutary measures calculated to communal peace,
Ericta. 21 Reference was likewise made to the 1968 could thus 'be subjected to all kinds of restraints and safety, good order, and welfare." 24
Vienna Conventions of the United Nations on road burdens in order to we the general comfort, health and 2. It was thus a heavy burden to be shouldered by
traffic, road signs, and signals, of which the prosperity of the state.' Shortly after independence in petitioner, compounded by the fact that the particular
Philippines was a signatory and which was duly 1948, Primicias v. Fugoso reiterated the doctrine, police power measure challenged was clearly
ratified. 22 Solicitor General Mendoza took pains to such a competence being referred to as 'the power to intended to promote public safety. It would be a rare
refute in detail, in language calm and dispassionate, prescribe regulations to promote the health, morals, occurrence indeed for this Court to invalidate a
the vigorous, at times intemperate, accusation of peace, education, good order or safety, and general legislative or executive act of that character. None has
petitioner that the assailed Letter of Instruction and welfare of the people. The concept was set forth in been called to our attention, an indication of its being
the implementing rules and regulations cannot survive negative terms by Justice Malcolm in a pre- non-existent. The latest decision in point, Edu v.
the test of rigorous scrutiny. To repeat, its highly- Commonwealth decision as 'that inherent and plenary Ericta, sustained the validity of the Reflector
persuasive quality cannot be denied. power in the State which enables it to prohibit all Law, 25 an enactment conceived with the same end in
things hurtful to the comfort, safety and welfare of view. Calalang v. Williams found nothing
This Court thus considered the petition submitted for society. In that sense it could be hardly objectionable in a statute, the purpose of which was:
decision, the issues being clearly joined. As noted at distinguishable as noted by this Court in Morfe v. "To promote safe transit upon, and. avoid obstruction
the outset, it is far from meritorious and must be Mutuc with the totality of legislative power. It is in on roads and streets designated as national roads * *
dismissed. the above sense the greatest and most powerful at. *. 26 As a matter of fact, the first law sought to be
tribute of government. It is, to quote Justice Malcolm nullified after the effectivity of the 1935 Constitution,
1. The Letter of Instruction in question was issued in anew, 'the most essential, insistent, and at least table the National Defense Act, 27 with petitioner failing in
the exercise of the police power. That is conceded by powers, I extending as Justice Holmes aptly pointed his quest, was likewise prompted by the imperative
petitioner and is the main reliance of respondents. It is out 'to all the great public needs.' Its scope, ever- demands of public safety.
the submission of the former, however, that while expanding to meet the exigencies of the times, even to
embraced in such a category, it has offended against anticipate the future where it could be done, provides 3. The futility of petitioner's effort to nullify both the
the due process and equal protection safeguards of the enough room for an efficient and flexible response to Letter of Instruction and the implementing rules and
Constitution, although the latter point was mentioned conditions and circumstances thus assuring the regulations becomes even more apparent considering
only in passing. The broad and expansive scope of the greatest benefits. In the language of Justice Cardozo: his failure to lay the necessary factual foundation to
police power which was originally Identified by Chief 'Needs that were narrow or parochial in the past may rebut the presumption of validity. So it was held
Justice Taney of the American Supreme Court in an be interwoven in the present with the well-being of in Ermita-Malate Hotel and Motel Operators
1847 decision as "nothing more or less than the the nation. What is critical or urgent changes with the Association, Inc. v. City Mayor of Manila. 28 The
powers of government inherent in every time.' The police power is thus a dynamic agency, rationale was clearly set forth in an excerpt from a
sovereignty" 23 was stressed in the aforementioned suitably vague and far from precisely defined, rooted decision of Justice Branders of the American Supreme
case of Edu v. Ericta thus: "Justice Laurel, in the first in the conception that men in organizing the state and Court, quoted in the opinion: "The statute here
leading decision after the Constitution came into imposing upon its government limitations to questioned deals with a subject clearly within the
force, Calalang v. Williams, Identified police power safeguard constitutional rights did not intend thereby scope of the police power. We are asked to declare it
with state authority to enact legislation that may to enable an individual citizen or a group of citizens void on the ground that the specific method of
regulation prescribed is unreasonable and hence repugnancy to the due process clause is to give will thus increase, rather than decrease, the danger of
deprives the plaintiff of due process of law. As sanction to conjectural claims that exceeded even the collision. 31
underlying questions of fact may condition the broadest permissible limits of a pleader's well-known
constitutionality of legislation of this character, the penchant for exaggeration. 6. Nor did the other extravagant assertions of
presumption of constitutionality must prevail in the constitutional deficiency go unrefuted in the Answer
absence of some factual foundation of record in 5. The rather wild and fantastic nature of the charge of of the Solicitor General "There is nothing in the
overthrowing the statute. 29 oppressiveness of this Letter of Instruction was questioned Letter of Instruction No. 229, as amended,
exposed in the Answer of the Solicitor General thus: or in Administrative Order No. 1, which requires or
4. Nor did the Solicitor General as he very well could, "Such early warning device requirement is not compels motor vehicle owners to purchase the early
rely solely on such rebutted presumption of validity. an expensive redundancy, nor oppressive, for car warning device prescribed thereby. All that is
As was pointed out in his Answer "The President owners whose cars are already equipped with 1) required is for motor vehicle owners concerned like
certainly had in his possession the necessary statistical blinking lights in the fore and aft of said motor petitioner, to equip their motor vehicles with a pair of
information and data at the time he issued said letter vehicles,' 2) "battery-powered blinking lights inside this early warning device in question, procuring or
of instructions, and such factual foundation cannot be motor vehicles," 3) "built-in reflectorized tapes on obtaining the same from whatever source. In fact,
defeated by petitioner's naked assertion that early front and rear bumpers of motor vehicles," or 4) with a little of industry and practical ingenuity, motor
warning devices 'are not too vital to the prevention of "well-lighted two (2) petroleum lamps (the Kinke) * * vehicle owners can even personally make or produce
nighttime vehicular accidents' because allegedly only * because: Being universal among the signatory this early warning device so long as the same
390 or 1.5 per cent of the supposed 26,000 motor countries to the said 1968 Vienna Conventions, substantially conforms with the specifications laid
vehicle accidents that in 1976 involved rear-end and visible even under adverse conditions at a down in said letter of instruction and administrative
collisions (p. 12 of petition). Petitioner's statistics is distance of at least 400 meters, any motorist from order. Accordingly the early warning device
not backed up by demonstrable data on record. As this country or from any part of the world, who requirement can neither be oppressive, onerous,
aptly stated by this Honorable Court: Further: "It sees a reflectorized rectangular early seaming immoral, nor confiscatory, much less does it make
admits of no doubt therefore that there being a device installed on the roads, highways or manufacturers and dealers of said devices 'instant
presumption of validity, the necessity for evidence expressways, will conclude, without thinking, that millionaires at the expense of car owners' as petitioner
to rebut it is unavoidable, unless the statute or somewhere along the travelled portion of that so sweepingly concludes * * *. Petitioner's fear that
ordinance is void on its face, which is not the case road, highway, or expressway, there is a motor with the early warning device requirement 'a more
here"' * * *. But even as g the verity of petitioner's vehicle which is stationary, stalled or disabled subtle racket may be committed by those called upon
statistics, is that not reason enough to require the which obstructs or endangers passing traffic. On to enforce it * * * is an unfounded speculation.
installation of early warning devices to prevent the other hand, a motorist who sees any of the Besides, that unscrupulous officials may try to
another 390 rear-end collisions that could mean the aforementioned other built in warning devices or the enforce said requirement in an unreasonable manner
death of 390 or more Filipinos and the deaths that petroleum lamps will not immediately get adequate or to an unreasonable degree, does not render the
could likewise result from head-on or frontal advance warning because he will still think what that same illegal or immoral where, as in the instant case,
collisions with stalled vehicles?" 30 It is quite manifest blinking light is all about. Is it an emergency vehicle? the challenged Letter of Instruction No. 229 and
then that the issuance of such Letter of Instruction is Is it a law enforcement car? Is it an ambulance? Such implementing order disclose none of the
encased in the armor of prior, careful study by the confusion or uncertainty in the mind of the motorist constitutional defects alleged against it.32
Executive Department. To set it aside for alleged
7 It does appear clearly that petitioner's objection to unimpaired the supremacy of legal norms and given expression by Justice Laurel in a decision
this Letter of Instruction is not premised on lack of prescriptions. The attack on the validity of the announced not too long after the Constitution came
power, the justification for a finding of challenged provision likewise insofar as there may be into force and effect that the principle of non-
unconstitutionality, but on the pessimistic, not to say objections, even if valid and cogent on is wisdom delegation "has been made to adapt itself to the
negative, view he entertains as to its wisdom. That cannot be sustained. 33 complexities of modern governments, giving rise to
approach, it put it at its mildest, is distinguished, if the adoption, within certain limits, of the principle of
that is the appropriate word, by its unorthodoxy. It 8. The alleged infringement of the fundamental "subordinate legislation" not only in the United States
bears repeating "that this Court, in the language of principle of non-delegation of legislative power is and England but in practically all modern
Justice Laurel, 'does not pass upon questions of equally without any support well-settled legal governments.' He continued: 'Accordingly, with the
wisdom justice or expediency of legislation.' As doctrines. Had petitioner taken the trouble to acquaint growing complexity of modern life, the multiplication
expressed by Justice Tuason: 'It is not the province of himself with authoritative pronouncements from this of the subjects of governmental regulation, and the
the courts to supervise legislation and keep it within Tribunal, he would not have the temerity to make increased difficulty of administering the laws, there is
the bounds of propriety and common sense. That is such an assertion. An exempt from the forecited a constantly growing tendency toward the delegation
primarily and exclusively a legislative concern.' There decision of Edu v. Ericta sheds light on the matter: of greater powers by the legislature and toward the
can be no possible objection then to the observation of "To avoid the taint of unlawful delegation, there must approval of the practice by the courts.' Consistency
Justice Montemayor. 'As long as laws do not violate be a standard, which implies at the very least that the with the conceptual approach requires the reminder
any Constitutional provision, the Courts merely legislature itself determines matters of principle and that what is delegated is authority non-legislative in
interpret and apply them regardless of whether or not lays down fundamental policy. Otherwise, the charge character, the completeness of the statute when it
they are wise or salutary. For they, according to of complete abdication may be hard to repel A leaves the hands of Congress being assumed." 34
Justice Labrador, 'are not supposed to override standard thus defines legislative policy, marks its
legitimate policy and * * * never inquire into the maps out its boundaries and specifies the public 9. The conclusion reached by this Court that this
wisdom of the law.' It is thus settled, to paraphrase agency to apply it. It indicates the circumstances petition must be dismissed is reinforced by this
Chief Justice Concepcion in Gonzales v. Commission under which the legislative command is to be consideration. The petition itself quoted these two
on Elections, that only congressional power or effected. It is the criterion by which legislative whereas clauses of the assailed Letter of Instruction:
competence, not the wisdom of the action taken, may purpose may be carried out. Thereafter, the executive "[Whereas], the hazards posed by such obstructions to
be the basis for declaring a statute invalid. This is as it or administrative office designated may in pursuance traffic have been recognized by international bodies
ought to be. The principle of separation of powers has of the above guidelines promulgate supplemental concerned with traffic safety, the 1968 Vienna
in the main wisely allocated the respective authority rules and regulations. The standard may be either Convention on Road Signs and Signals and the United
of each department and confined its jurisdiction to express or implied. If the former, the non-delegation Nations Organization (U.N.); [Whereas], the said
such a sphere. There would then be intrusion not objection is easily met. The standard though does not Vionna Convention, which was ratified by the
allowable under the Constitution if on a matter left to have to be spelled out specifically. It could be implied Philippine Government under P.D. No. 207,
the discretion of a coordinate branch, the judiciary from the policy and purpose of the act considered as a recommended the enactment of local legislation for
would substitute its own. If there be adherence to the whole. In the Reflector Law clearly, the legislative the installation of road safety signs and devices; * * *
rule of law, as there ought to be, the last offender objective is public safety. What is sought to be " 35 It cannot be disputed then that this Declaration of
should be courts of justice, to which rightly litigants attained as in Calalang v. Williams is "safe transit Principle found in the Constitution possesses
submit their controversy precisely to maintain upon the roads.' This is to adhere to the recognition relevance: "The Philippines * * * adopts the generally
accepted principles of international law as part of the of the Philippines and the Spanish State cannot be
law of the land * * *." 36 The 1968 Vienna Convention invoked by applicant. Under Article 11 thereof;
on Road Signs and Signals is impressed with such a August 15, 1961
character. It is not for this country to repudiate a IN RE: PETITION OF ARTURO EFREN The Nationals of each of the two
commitment to which it had pledged its word. The GARCIA for admission to the Philippine Bar countries who shall have obtained recognition
concept of Pacta sunt servanda stands in the way of without taking the examination. ARTURO of the validity of their academic degrees by
such an attitude, which is, moreover, at war with the EFREN GARCIA, petitioner. virtue of the stipulations of this Treaty, can
principle of international morality. RESOLUTION practice their professions within the territory
BARRERA, J.: of the Other, . . .. (Emphasis supplied).
10. That is about all that needs be said. The rather
court reference to equal protection did not even elicit Arturo E. Garcia has applied for admission to the from which it could clearly be discerned that said
any attempt on the Part of Petitioner to substantiate in practice of law in the Philippines without submitting Treaty was intended to govern Filipino citizens
a manner clear, positive, and categorical why such a to the required bar examinations. desiring to practice their profession in Spain, and the
casual observation should be taken seriously. In no citizens of Spain desiring to practice their professions
case is there a more appropriate occasion for In his verified petition, he avers, among others, that in the Philippines. Applicant is a Filipino citizen
insistence on what was referred to as "the general he is a Filipino citizen born in Bacolod City, Province desiring to practice the legal profession in the
rule" in Santiago v. Far Eastern Broadcasting of Negros Occidental, of Filipino parentage; that he Philippines. He is therefore subject to the laws of his
Co., 37 namely, "that the constitutionality of a law wig had taken and finished in Spain, the course of own country and is not entitled to the privileges
not be considered unless the point is specially "Bachillerato Superior"; that he was approved, extended to Spanish nationals desiring to practice in
pleaded, insisted upon, and adequately selected and qualified by the "Instituto de Cervantes" the Philippines.
argued." 38 "Equal protection" is not a talismanic for admission to the Central University of Madrid (2) Article I of the Treaty, in its pertinent part,
formula at the mere invocation of which a party to a where he studied and finished the law course provides:
lawsuit can rightfully expect that success will crown graduating there as "Licenciado En Derecho"; that
his efforts. The law is anything but that. thereafter he was allowed to practice the law The nationals of both countries who shall
WHEREFORE, this petition is dismissed. The profession in Spain; and that under the provision of have obtained degree or diplomas to practice
restraining order is lifted. This decision is the Treaty of Academic Degrees and the Exercise of the liberal professions in either of the
immediately executory. No costs. Professions between the Republic of the Philippines Contracting States, issued by competent
Castro, C.J., Barredo, Antonio, Santos, Fernandez, and the Spanish state, he is entitled to practice the law national authorities, shall be deemed
Guerrero, Abad Santos, De Castro and Melencio- profession in the Philippines without submitting to the competent to exercise said professions in the
Herrera, concur. required bar examinations. territory of the Other, subject to the laws and
Makasiar, J, reserves the right to file a separate regulations of the latter. . . ...
opinion. After due consideration, the Court resolved to deny
Aquino J., took no part. the petition on the following grounds: It is clear, therefore, that the privileges provided in the
Concepcion J., is on leave. Treaty invoked by the applicant are made expressly
Castro, C.J., certifies that Justice Concepcion (1) the provisions of the Treaty on Academic Degrees subject to the laws and regulations of the contracting
concurs in their decision. and the Exercise of Professions between the Republic State in whose territory it is desired to exercise the
legal profession; and Section 1 of Rule 127, in Severino P. Izon for appellants. Section 2, Article II of the Constitution of the
connection with Sections 2,9, and 16 thereof, which Office of the Solicitor-General Tuason for appellee. Philippines provides as follows:
have the force of law, require that before anyone can AVANCEÑA, J.: SEC. 2. The defense of the state is a prime
practice the legal profession in the Philippine he must duty of government, and in the fulfillment of
first successfully pass the required bar examinations; In these two cases (G.R. Nos. L-45892 and 45893), this duty all citizens may be required by law
and the appellants Tranquilino and Primitivo de Sosa are to render personal military or civil service.
charged with a violation of section 60 of
(3) The aforementioned Treaty, concluded between Commonwealth Act No. 1, known as the National The National Defense Law, in so far as it
the Republic of the Philippines and the Spanish State Defense Law. It is alleged that these two appellants, establishes compulsory military service, does not
could not have been intended to modify the laws and being Filipinos and having reached the age of twenty go against this constitutional provision but is, on
regulations governing admission to the practice of law years in 1936, willfully and unlawfully refused to the contrary, in faithful compliance therewith. The
in the Philippines, for the reason that the Executive register in the military service between the 1st and 7th duty of the Government to defend the State cannot
Department may not encroach upon the constitutional of April of said year, notwithstanding the fact that be performed except through an army. To leave the
prerogative of the Supreme Court to promulgate rules they had been required to do so. The evidence shows organization of an army to the will of the citizens
for admission to the practice of law in the Philippines, that these two appellants were duly notified by the would be to make this duty of the Government
the lower to repeal, alter or supplement such rules corresponding authorities to appear before the excusable should there be no sufficient men who
being reserved only to the Congress of the Acceptance Board in order to register for military volunteer to enlist therein.
Philippines. (See Sec. 13, Art VIII, Phil. service in accordance with law, and that the said
Constitution). appellants, in spite of these notices, had not registered In the United States the courts have held in a series of
Bengzon, C.J., Padilla, Labrador, Reyes, J.B.L., up to the date of the filing of the information. decisions that the compulsory military service
Paredes, Dizon, De Leon and Natividad, JJ., concur. adopted by reason of the civil war and the world war
Bautista Angelo, J., on leave, took no part. The appellants do not deny these facts, but they allege does not violate the Constitution, because the power
Concepcion, J., took no part. in defense that they have not registered in the military to establish it is derived from that granted to Congress
service because Primitivo de Sosa is fatherless and to declare war and to organize and maintain an army.
has a mother and a brother eight years old to support, This is so because the right of the Government to
G.R. No. L-45892             July 13, 1938 and Tranquilino Lagman also has a father to support, require compulsory military service is a consequence
THE PEOPLE OF THE PHILIPPINES, plaintiff- has no military learnings, and does not wish to kill or of its duty to defend the State and is reciprocal with
appellee,  be killed. its duty to defend the life, liberty, and property of the
vs. citizen. In the case of Jacobson vs. Massachusetts
TRANQUILINO LAGMAN, defendant-appellant. Each of these appellants was sentenced by the Court (197 U.S., 11; 25 Sup. Ct. Rep., 385), it was said that,
----------------------------- of First Instance to one month and one day of without violating the Constitution, a person may be
G.R. No. L-45893             July 13, 1938 imprisonment, with the costs. compelled by force, if need be, against his will,
THE PEOPLE OF THE PHILIPPINES, plaintiff- against his pecuniary interests, and even against his
appellee,  In this instance, the validity of the National Defense religious or political convictions, to take his place in
vs. Law, under which the accused were sentenced, is the ranks of the army of his country, and risk the
PRIMITIVO DE SOSA, defendant-appellant. impugned on the ground that it is unconstitutional. chance of being shot down in its defense. In the case
of United States vs. Olson (253 Fed., 233), it was also ANTONIO, J:
said that this is not deprivation of property without Petitioner contends that: (1) the appeal from the
due process of law, because, in its just sense, there is Certiorari to annul the Order of respondent Judge of judgment of the Municipal Court of Daram, Samar,
no right of property to an office or employment. the Court of First Instance of Samar, reversing the lies directly with the Court of Appeals, the crime of
The circumstance that these decisions refer to laws judgment of conviction rendered by the Municipal grave coercion being within the concurrent
enacted by reason on the actual existence of war does Court of Daram, Samar in Criminal Case No. 3093. jurisdiction of said Municipal Court and the Court of
not make our case any different, inasmuch as, in the The petition is premised upon the following facts: First Instance; hence, the latter had no jurisdiction
last analysis, what justifies compulsory military over the appeal and (2) respondent Court should not
service is the defense of the State, whether actual On September 22, 1974, Justina Salazar Lapidario. have tried the case de novo because use, contrary to
or whether in preparation to make it more Tomas Macasil, Sr. and Santos Macasil, Sr., private its finding that the proceedings in the Municipal Court
effective, in case of need. The circumstance that respondents, were convicted of the crime of grave were not recorded, said proceedings were in fact
the appellants have dependent families to support coercion by the Municipal Court of Daram, Samar. recorded in typewritten form, the same having been
does not excuse them from their duty to present The judgment of conviction was appealed to the Court transmitted to respondent Court together with the
themselves before the Acceptance Board because, of First Instance of Samar, Branch I, presided over by records of the case.
if such circumstance exists, they can ask for the Honorable Segundo M. Zosa, and the appeal was
determent in complying with their duty and, at all docketed as Criminal Case No. 878, Upon a finding On the other hand, respondents aver that the
events, they can obtain the proper pecuniary that the proceedings before the Municipal Court were proceedings in the Municipal Court of Daram, Samar
allowance to attend to these family responsibilities not duly recorded, respondent Judge ordered the were not duly recorded because the typewritten notes
(secs. 65 and 69 of Commonwealth Act No. 1). prosecution to present anew its evidence in a trial de transmitted by it to respondent Court were neither
novo. On December 2, 1974, private respondents certified nor signed by the stenographer who
The appealed judgment rendered in these two cases is were arraigned before respondent Court. The purportedly took notes of the proceedings, and that
affirmed, with the costs to the appellants. So ordered. prosecution commenced the presentation of its the prosecution did not object to the exercise of the
Villa-Real, Imperial, Diaz, Laurel and Concepcion, evidence on January 10, 1975. and rested its case on court's jurisdiction, but instead presented its evidence
JJ., concur. April 17, 1975. On April 25, 1975 the defense filed a and submitted it to the judgment of said court. It was
motion to dismiss on the ground that the prosecution only after the case was dismissed that it raised for the
had failed to prove the element of violence, which is first time the question of jurisdiction.
G.R. No. L-41672 March 30, 1977 an indispensable element of the crime of grave
THE PEOPLE OF THE PHILIPPINES, Petitioner, coercion. The prosecution filed an opposition to the It will be noted that petitioner, thru the prosecution,
vs. THE HONORABLE SEGUNDO M. ZOSA, motion to dismiss on May 5, 1975. On June 5, 1975, failed to seasonably object to the findings of the
Judge of the Court of First Instance of Samar, respondent Court issued the Order subject matter of respondent Judge that the proceedings in the inferior
JUSTINA SALAZAR LAPIDARIO TOMAS this petition, dismissing the case for insufficiency of court had not been duly recorded and, therefore, a trial
MACASIL, SR., and SANTOS MACASIL, evidence. A motion for reconsideration of the de novo had to be conducted. Instead of interposing
SR., Respondents. aforementioned Order was filed by the prosecution on an objection to this course of action, the prosecution
Tomas Cobriros Assistant Provincial Fiscal and the ground that respondent Court had no jurisdiction went through the process of trial, thereby indicating
Antonio F Mendiola, private prosecutor for to review or try the appealed case, but the same was their conformity with such findings of the respondent
petitioner.chanrobles virtual law library denied on August 20, 1975. Court. It was only after the Order dismissing the case
Antonio M. Bolastig for private respondents,
against private respondents had been issued that, in a justices of the peace and municipal judges. and the conclusions are not clearly against the law
motion for 'reconsideration, the prosecution came up Proceedings had shall be recorded and decisions and jurisprudence. Upon the other hand, in cases
with the assertion that the proceedings in the inferior therein shall be appealable directly to the Court of falling under the concurrent jurisdictions of municipal
court had been duly recorded. This being the case, Appeals or the Supreme Court, as the case may be." and city courts with the Courts of First Instance, the
petitioner can no longer ventilate before this Court the On June 22, 1963, pursuant to Republic Act No. 3828, appeal shall be made directly to the Court of Appeals
issue of whether or not there was proper recording in justices of the peace and justice of the peace court whose decision, except on questions of law, shall be
the inferior court, particularly as the same is a were converted into municipal judges and municipal final. This is evident from the discussion of Senate
question of fact which We are not in a position to courts and were granted authority to appoint their Bill No. 659, which is now Republic Act No. 6031. 4
resolve. Parties must take the consequences of the clerk-stenographers. On August 4, 1969, Republic Act
position they assume. 1 A party who has taken one No 6031 took effect, this law converted municipal and In order that it could be appealed directly to the Court
position, by which he has benefited at the expense of city courts into courts of record and made final the of appeals, the proceedings should be recorded. In the
the other is estopped from repudiating that and taking decision of Courts of First Instance in appealed cases absence of a full and complete records of the
another inconsistent position to the prejudice of the failing under the exclusive original jurisdiction of proceedings, the trial of the case by the Municipal
other. 2 Besides, the finding of respondent Court, in its municipal and city courts, except on questions of law. Court of Daram was not conducted in accordance
Order on December 2, 1974, that the proceedings Under the last paragraph of Section 45 of the with law.
were not recorded in accordance with law appears to Judiciary Act as amended by Republic Act No. 6031,
be supported by the record. it was specifically provided that in "cases falling In the light of Our ruling in Aquino v. Estenzo, 5 the
under the concurrent jurisdictions of the municipal proceedings taken before the Municipal Court of
There is no question that the crime of grave coercion, and city courts with the Courts of First Instance, the Daram, Samar under the circumstances should,
which is punishable by arresto mayor or a fine of not appeal shall be made directly to the Court of therefore, be considered null and void. In Aquino, We
exceeding P500.00, fails within the concurrent Appeals whose decision shall be final." This said:
jurisdiction of the municipal and city courts with the subsequent enactment must, therefore, be deemed as We hold that the proceedings in the City Court of
Courts of First Instant 3It must be noted that while another exception to the original rule contained in Ormoc City in Criminal Case No. 5640 was a nullity,
under the original Section 45 of the Judiciary Act of Section 41 of Republic Act No. 296 (Judiciary Act) - not because the City Court had no jurisdiction to try
June 17, 1948, the Court of First Instance has that the Courts of First Instance shall have appellate the case but because the requirement of the law the
"appellate jurisdiction over all cases arising in jurisdiction over all cases arising in city and proceedings be recorded was not complied with.
municipal and justice of the peace courts in their municipal courts. This construction is in harmony When it was provided in Sec. 87 (c) of Rep. Act 296,
respective provinces", this conferment of general with the statutory purpose of expediting the as amended by Rep. Act 2613, that the city courts of
appellate jurisdiction was subsequently modified by termination of cases by limiting the number of chartered cities have like jurisdiction as the court of
latter amendments. Thus, Section 87 of the Judiciary appeals from the decisions of municipal courts. Thus, First Instance to try parties charged with an offense in
Act, as amended by Republic Act No. 2613 on August cages falling under the exclusive original which the Penalty provided by law does not
1, 1959, specifically provided that all cases falling jurisdiction of the municipal and city courts are exceed prision correccional or imprisonment for not
within the concurrent jurisdiction of "justices of the appealed to the Courts of First Instance, and the more than six years or fine not exceeding P3,000.00
peace of provincial capitals" and "judges of municipal decision of the latter shall be final, provided that or both, the city court thereby acts as a Court of First
courts" with the Courts of First Instance shall be the findings of fact contained in said decision are Instance and its decisions are appealable directly to
"tried and decided on the merits by the respective supported by substantial evidence as basis thereof, the Court of Appeals or to the Supreme Court, as the
case may be. When the city Court tries cases of this Fernando (Chairman), Barredo and Concepcion Jr.,
nature and it acts as a Court of First Instance, it must JJ., concur.chanrobl
perforce act as a court of record. The very law itself
provides that in the exercise of this jurisdiction by the
municipal courts of provincial capitals said by city
courts the proceedings must be recorded, Certainly,
the decisions of the city courts or of the municipal
courts of provincial capitals in the exercise of this
jurisdiction are similar of the Court of First Instance,
and their decisions cannot be appealed to the Court of
Appeals or to the Supreme Court, as the case may be,
if there are no records of their proceedings. When a
city court, or the municipal court of provincial
capitals, does not record its proceedings in the trial of
a case in the exercise of its jurisdiction under Sec.
87(c) of Republic Act 296, as amended, then it does
not exercise its jurisdiction in accordance with law
and, therefore, the proceedings had before it are null
and void. (At pp. 23-24).

Notwithstanding that the court involved in

Rather than return the case to the Daram Court for a

WHEREFORE, the petition for certiorari is hereby