1 because it is violative of this constitutional safeguard. [83]  “The classification will be regarded as invalid if all the members of the class are not similarly treated, both as to rights conferred and obligations imposed. Not to include past administrations similarly situated constitutes arbitrariness which the equal protection clause cannot sanction. The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. UpCounsel’s lawyers have graduated from the some of the best laws schools in the nation and will give you more information on equal protection and what you can do if someone violated your rights. Change ), You are commenting using your Facebook account. This will only fortify the fears of the petitioners that the Executive Order No. 1 and other groups or persons who abused their public office for personal gain; and second, the selective classification is not germane to the purpose of Executive Order No. 178056. Carredo V People 183 SCRA 273 (1990) Second. Nonetheless, there shall be no violation of the constitutional rights to due process and equal protection clause,” Barzaga said. 1 was “crafted to tailor-fit the prosecution of officials and personalities of the Arroyo administration.”[105]. While reasonable prioritization is permitted, it should not be arbitrary lest it be struck down for being unconstitutional. Ratified as it was after the Civil War in 1868, there is little doubt what the Equal Protection Clause was intended to do: stop states from discriminating against blacks. 1, which provides: SECTION 17. This Court has held that the standard is satisfied if the classification or distinction is based on a reasonable foundation or rational basis and is not palpably arbitrary. Trial In Absentia. [104]  The OSG points to Section 17 of Executive Order No. No. The Commission on Elections’ selective targeting of Ang Ladlad provided grounds for a claim under the Constitution’s Equal Protection Clause. In City of Manila v. Laguio, Jr., [17] this Court expounded the meaning and scope of equal protection, thus: Equal protection requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. They assail the classification formulated by the respondents as it does not fall under the recognized exceptions because first, “there is no substantial distinction between the group of officials targeted for investigation by Executive Order No. He cited a survey of the University of the Philippines-OCTA research team last February showing that only 19 percent are willing to be vaccinated, 46 percent are unwilling and 35 percent are undecided. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Before said guideline was issued, non-CPAs have been promoted into the next rank, like, State Auditor (SA) 1 to II; SA II to SA III; SA III to SA IV. The equal protection clause isn't so much about making sure that all individuals are treated equitable as it is that all individuals receive equal protection of the laws of that state. The Court, however, is of the considered view that although its focus is restricted, the constitutional guarantee of equal protection under the laws should not in any way be circumvented. He said if the rollout can be achieved with ease and the … Indeed, the equal protection clause permits classification. 1, 2 and 14) does not violate the equal protection clause.” The decision, however, was devoid of any discussion on how such conclusory statement was arrived at, the principal issue in said case being only the sufficiency of a cause of action. The Court finds that all these requisites have been met by the laws challenged as arbitrary and discriminatory under the equal protection clause. [80], It, however, does not require the universal application of the laws to all persons or things without distinction. 1 to end corruption.”[69]  In order to attain constitutional permission, the petitioners advocate that the commission should deal with “graft and grafters prior and subsequent to the Arroyo administration with the strong arm of the law with equal force.”[70]. ... but in a way to the geographical and more directly to the natives of the Philippines of a low grade of civilization. It guarantees equality, not identity of rights. Its inhibitions cover all the departments of the government including the political and executive departments, and extend to all actions of a state denying equal protection of the laws, through whatever agency or whatever guise is taken. 1639 violates the equal protection clause? Can the Father Compel An Illegitimate Child To Use His Surname? The Court is not convinced. The Court here struck down Executive Order No. The intent to single out the previous administration is plain, patent and manifest. It does not demand absolute equality They claim that the policy... restricts the employees' right to marry But it is wrong to believe that the idea of equal protection was moribund in the early part of the twentieth century. What are the grounds for petition for guardianship? [100] In several instances, the underinclusiveness was not considered a valid reason to strike down a law or regulation where the purpose can be attained in future legislations or regulations. elimination of all forms of discrimination that offends the equal protection clause of the Bill of Rights and the State obligations under human rights instruments acceded to by the Republic of the Philippines, particularly those discriminatory practices as defined herein shall be prescribed and penalized. READ THE FULL TEXT OF THE DECISION IN jabbulao.com under the category RECENT SUPREME COURT DECISIONS. The mere fact that an individual belonging to a class differs from the other members, as long as that class is substantially distinguishable from all others, does not justify the non-application of the law to him.”[84], The classification must not be based on existing circumstances only, or so constituted as to preclude addition to the number included in the class. The Equal Protection Clause does, however, render invalid a statute requiring the sterilization of persons convicted of various offenses when the statute draws a line between like offenses, such as between larceny by fraud and embezzlement.1655 A statute that provided that convicted defendants sentenced to imprisonment must reimburse the state for the furnishing of free transcripts of their trial by having … – The Commission, which shall have all the powers of an investigative body under Section 37, Chapter 9, Book I of the Administrative Code of 1987, is primarily tasked to conduct a thorough fact-finding investigation of reported cases of graft and corruption referred to in Section 1, involving third level public officers and higher, their co-principals, accomplices and accessories from the private sector, if any, during the previous administration and thereafter submit its finding and recommendations to the President, Congress and the Ombudsman. [79] Its inhibitions cover all the departments of the government including the political and executive departments, and extend to all actions of a state denying equal protection of the laws, through whatever agency or whatever guise is taken. Article 333 and Article 334 of the Revised Penal Code of the Philippines: A Violation of the Equal Protection Clause and the UN Convention on the Elimination of All Forms of Discrimination Against Women The petitioners assail Executive Order No. ... thereby violating the equal protection clause mandated by the Constitution,” Drilon said. Fourth. The Constitution does not require that things which are different in fact be treated in law as though they were the same. 1 (which created the Truth Commission) for violating the equal protection clause. Change ), You are commenting using your Twitter account. The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. No. Does the law allow a waiver of parental authority? It must be of such a nature as to embrace all those who may thereafter be in similar circumstances and conditions. [81] “Superficial differences do not make for a valid classification.”[82], For a classification to meet the requirements of constitutionality, it must include or embrace all persons who naturally belong to the class. The PTC must, at least, have the authority to investigate all past administrations. 7354 unconstitutional, thus violates the equal protection clause. December 21, 2009. Against the “Equal Protection” clause a. “The equal protection clause is violated by purposeful and intentional discrimination.”[103]. must be germane to the purpose of the law, must not be limited to existing conditions only, must apply equally to all members of the same class. To exclude the earlier administrations in the guise of “substantial distinctions” would only confirm the petitioners’ lament that the subject executive order is only an “adventure in partisan hostility.”  In the case of US v. Cyprian,[95] it was written: “A rather limited number of such classifications have routinely been held or assumed to be arbitrary; those include: race, national origin, gender, political activity or membership in a political party, union activity or membership in a labor union, or more generally the exercise of first amendment rights.”, To reiterate, in order for a classification to meet the requirements of constitutionality, it must include or embrace all persons who naturally belong to the class. Subject to such limitations as may be provided by law, Family Code provisions on substitute parental authority of grandparents, Family Code provisions on parental authority. [91], Given the foregoing physical and legal impossibility, the Court logically recognizes the unfeasibility of investigating almost a century’s worth of graft cases. Chief Justice Puno said that the Philippine Constitution provides in its Bill of Rights that no person shall be denied the equal protection of the laws. Unless the equal protection clause of the Constitution is a mere platitude, it is the Courts duty to save them from reasonless discrimination. Ramos. Section 1. 8678 to govern the filing of Certificates of Candidacy for national and local positions. The reports of widespread corruption in the Arroyo administration cannot be taken as basis for distinguishing said administration from earlier administrations which were also blemished by similar widespread reports of impropriety. Id. 1, to survive, must be read together with the provisions of the Constitution. Obviously, deceased presidents and cases which have already prescribed can no longer be the subjects of inquiry by the PTC. Equal Protection Clause died in the late-nineteenth century. [Emphases supplied]. The equal protection clause is aimed at all official state actions, not just those of the legislature. Creation of a Commission. The Court tried to seek guidance from the pronouncement in the case of Virata v. Sandiganbayan,[106] that the “PCGG Charter (composed of Executive Orders Nos. 1 was issued in view of widespread reports of large scale graft and corruption in the previous administration which have eroded public confidence in public institutions. [73] [Emphases supplied], One of the basic principles on which this government was founded is that of the equality of right which is embodied in Section 1, Article III of the 1987 Constitution. The equal protection of the law clause is against undue favor and individual or class privilege, as well as hostile discrimination or the oppression of inequality. The Court held Section 35 of R.A. No. See, e.g., Norman Dorsen, Equal Protection of the Laws, 74 colum. The OSG ventures to opine that “to include other past administrations, at this point, may unnecessarily overburden the commission and lead it to lose its effectiveness.”[89] The reason given is specious. That the previous administration was picked out was deliberate and intentional as can be gleaned from the fact that it was underscored at least three times in the assailed executive order. equal protection clause - means that the states must apply the law equally and cannot give preference to one person or class of persons over another. 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. Unreasonable In classifying persons or things, there should be a clear and distinct difference between two categories. The clear mandate of the Truth Commission is to investigate and find out the truth “concerning the reported cases of graft and corruption during the previous administration ” only. If and when in the judgment of the President there is a need to expand the mandate of the Commission as defined in Section 1 hereof to include the investigation of cases and instances of graft and corruption during the prior administrations, such mandate may be so extended accordingly by way of a supplemental Executive Order. Tiu v CA GR No. 1 suffers from arbitrary classification. Applying these precepts to this case, Executive Order No. Too many constitutionalists,1 1. Create your own unique website with customizable templates. Equal protection has been traditionally defined by the Philippine Supreme Court as a guarantee that laws will treat alike persons who are similarly situated, and treat differently those who are differently situated. III) In Felwa vs. Salas, We ruled that the equal protection clause applies only to persons or things identically situated and does not bar a reasonable classification of the subject of legislation, and a classification is reasonable where (1) it is based on substantial distinctions which make real differences; (2) these are germane to the purpose of the law; (3) the classification applies not only to present … [Citations omitted]. This is because in legal terms, classification is defined ... the Philippines will be undermined Section 5 ( i ) g. Law enforcers who arrest persons caught in illicit behavior (such as sexual activity in a public place) will be apprehended for harassment Section 5 … It does not prohibit legislation which is limited either in the object to which it is directed or by the territory within which it is to operate. Garcia V Domingo 52 SCRA 143 (1973) Mention of it has been made in at least three portions of the questioned executive order. 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. League of Cities of the Philippines, et al. Defenses Based on the Equal Protection Clause A. The test has four requisites: (1) The classification rests on substantial distinctions; (2) It is germane to the purpose of the law; (3) It is not limited to existing conditions only; and (4) It applies equally to all members of the same class. ( Log Out /  It is without doubt irrelevant to the legitimate and noble objective of the PTC to stamp out or “end corruption and the evil it breeds.”[90], The probability that there would be difficulty in unearthing evidence or that the earlier reports involving the earlier administrations were already inquired into is beside the point. If what one means by that claim is that the Equal Protection Clause afforded little protection to groups now protected, that is correct. Such discriminating differentiation clearly reverberates to label the commission as a vehicle for vindictiveness and selective retribution. Right To Public Trial The experience of the past and the lower court … The guaranty of equal protection of the laws is not a guaranty of equality in the application of the laws upon all citizens of the state. Third. The classification of the previous administration as a separate class for investigation lies in the reality that the evidence of possible criminal activity, the evidence that could lead to recovery of public monies illegally dissipated, the policy lessons to be learned to ensure that anti-corruption laws are faithfully executed, are more easily established in the regime that immediately precede the current administration. While the Court refused to identify homosexuals as a separate class in need of special or differentiated treatment, it nonetheless … Change ). Bill Of Rights Many administrations subject the transactions of their predecessors to investigations to provide closure to issues that are pivotal to national life or even as a routine measure of due diligence and good housekeeping by a nascent administration like the Presidential Commission on Good Government (PCGG), created by the late President Corazon C. Aquino under Executive Order No. Although the purpose of the Truth Commission falls within the investigative power of the President, the Court finds difficulty in upholding the constitutionality of Executive Order No. What it simply requires is equality among equals as determined according to a valid classification. 177499 & G.R. All that is required of a valid 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 not be limited to existing conditions only; and that it must apply equally to each member of the class. Section 23 of the Public Telecommunications Policy Act, contains an Equality Clause which states that “any advantage, favor privilege or immunity granted to existing franchises shall ipso facto become part of previously granted telecommunications franchises and shall be accorded immediately and unconditionally to the grantees of such franchises.” 2. To disprove petitioners’ contention that there is deliberate discrimination, the OSG clarifies that the commission does not only confine itself to cases of large scale graft and corruption committed during the previous administration. https://legal-dictionary.thefreedictionary.com/Equal+Protection+Clause Such expanded mandate of the commission will still depend on the whim and caprice of the President. Can Father of Illegitimate Child Obtain Custody when Mother is Abroad? When Mother of Child Can be Deprived of Custody? The constitutional right to equal protection of the laws is not absolute but is subject to reasonable classification. Enter your email address to subscribe to this blog and receive notifications of new posts by email. Are the agrieved employees, who are not CPAs, denied of equal protection of the law in a case where non-CPAs candidates for promotion have not been promoted in view of the new guideline issued Dec.2012 by COA Chairman, holding that non-CPAs are no longer qualified for promotion. Constitutionalist Bernas notes that in … [93] Laws that do not conform to the Constitution should be stricken down for being unconstitutional. ( Log Out /  In preparation for the upcoming 2010 National Elections, the Commission on Elections issued Resolution No. Section 4 of the Resolution reads: Specifically, these are: WHEREAS, there is a need for a separate body dedicated solely to investigating and finding out the truth concerning the reported cases of graft and corruption during the previous administration, and which will recommend the prosecution of the offenders and secure justice for all; SECTION 1. These cases refer to the “step by step” process. No. It has been embodied in a separate clause, however, to provide for a more specific guaranty against any form of undue favoritism or hostility from the government. When can an illegitimate child use the surname of his father? Petitioners contend that Glaxo's policy against employees marrying employees of competitor companies violates the equal protection clause of the Constitution because it creates invalid distinctions among employees on account only of marriage. Equal protection has been traditionally defined by the Philippine Supreme Court as a guarantee that laws will treat alike persons who are similarly situated, and treat differently those who are differently situated. What are the specific laws that pertain to child support, especially for single mothers? – There is hereby created the PHILIPPINE TRUTH COMMISSION, hereinafter referred to as the “COMMISSION,” which shall primarily seek and find the truth on, and toward this end, investigate reports of graft and corruption of such scale and magnitude that shock and offend the moral and ethical sensibilities of the people, committed by public officers and employees, their co-principals, accomplices and accessories from the private sector, if any, during the previous administration; and thereafter recommend the appropriate action or measure to be taken thereon to ensure that the full measure of justice shall be served without fear or favor. 11 The Court explained that the ordinance did not provide a standard for the classification of aliens between those who could avail of permits and those who could not. Although Section 17 allows the President the discretion to expand the scope of investigations of the PTC so as to include the acts of graft and corruption committed in other past administrations, it does not guarantee that they would be covered in the future. Family Code violates equal protection clause - law expert Pacifico Agabin, a former dean of the UP College of Law, on Wednesday said the Family Code of the Philippines needed updating, especially its provisions on marriage. Change ), You are commenting using your Google account. According to respondents, while Executive Order No. [101] “With regard to equal protection claims, a legislature does not run the risk of losing the entire remedial scheme simply because it fails, through inadvertence or otherwise, to cover every evil that might conceivably have been attacked.”[102], In Executive Order No. Such classification, however, to be valid must pass the test of reasonableness. 1. SECTION 3. Natural Law What is the reason behind the visitorial right of an illegitimate father over his children? RULING: No, the Act No. Certiorari under Rule 45 and 65 Distinguished, Elements and Penalty of Estafa by Means of Deceit. [96] “Such a classification must not be based on existing circumstances only, or so constituted as to preclude additions to the number included within a class, but must be of such a nature as to embrace all those who may thereafter be in similar circumstances and conditions. 1 identifies the “previous administration” as the initial subject of the investigation, following Section 17 thereof, the PTC will not confine itself to cases of large scale graft and corruption solely during the said administration. The rule is that children older than 7 years old are allowed to state his preference. No. In this regard, it must be borne in mind that the Arroyo administration is but just a member of a class, that is, a class of past administrations. The equal protection clause was also used to invalidate a Manila ordinance requiring aliens to secure an employment permit from the Mayor of Manila before they could secure employment. Constitutional Law Bill of rights; non-impairment clause. In the case a child is taken away without the consent of the single mother, what legal actions can a single mother take? To be reasonable, the classification (a) must be based on substantial distinctions which make for real differences; (b) must be germane to the purpose of the law; (c) must not be limited to existing conditions only; and (d) must apply equally to each member of the class. Philippine Judges Association vs. Prado. 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 reasonable. It must be noted that Executive Order No. Equal protection clause; concept. There is, therefore, an urgent call for the determination of the truth regarding certain reports of large scale graft and corruption in the government and to put a closure to them by the filing of the appropriate cases against those involved, if warranted, and to deter others from committing the evil, restore the people’s faith and confidence in the Government and in their public servants. A law is not invalid because of simple inequality. 1 in view of its apparent transgression of the equal protection clause enshrined in Section 1, Article III (Bill of Rights) of the 1987 Constitution. [94] While the thrust of the PTC is specific, that is, for investigation of acts of graft and corruption, Executive Order No. It must not leave out or “underinclude” those that should otherwise fall into a certain classification. The Due Process Clause and the Equal Protection Clause are connected in a profound way, though they set forth in dependent principles. 1 to pursue the recovery of ill-gotten wealth of her predecessor former President Ferdinand Marcos and his cronies, and the Saguisag Commission created by former President Joseph Estrada under Administrative Order No, 53, to form an ad-hoc and independent citizens’ committee to investigate all the facts and circumstances surrounding “Philippine Centennial projects” of his predecessor, former President Fidel V. [67], The petitioners argue that the search for truth behind the reported cases of graft and corruption must encompass acts committed not only during the administration of former President Arroyo but also during prior administrations where the “same magnitude of controversies and anomalies”[68] were reported to have been committed against the Filipino people. 1, however, there is no inadvertence. SECTION 2. To get a better grasp of an equal protection of the law definition, you can post your job on UpCounsel’s website. The segregation of the preceding administration as the object of fact-finding is warranted by the reality that unlike with administrations long gone, the current administration will most likely bear the immediate consequence of the policies of the previous administration. grounds exist for making a distinction between those who fall within such class and those who do not. ( Log Out /  Equality of operation of statutes does not mean indiscriminate operation on persons merely as such, but on persons according to the circumstances surrounding them. Second, Act No. 127410 1.20.99 Special Provision Concerning Mandate. As Justice Isagani Cruz put it, “Superficial differences do not make for a valid classification.”[88], The public needs to be enlightened why Executive Order No. this case is about the equal protection clause enshrined in the constitution. Whether the Act No. Right Of The Accused E.O. ABS-CBN reporter Mike Navallo told TV … vs. COMELEC, G.R. In the often quoted language of Yick Wo v. Hopkins,[92], Though the law itself be fair on its face and impartial in appearance, yet, if applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the constitution. Sexual Orientation, Defined. It is not, therefore, a requirement, in order to avoid the constitutional prohibition against inequality, that every man, woman and child should be affected alike by a statute. They contend that it does not apply equally to all members of the same class such that the intent of singling out the “previous administration” as its sole object makes the PTC an “adventure in partisan hostility.”[66] Thus, in order to be accorded with validity, the commission must also cover reports of graft and corruption in virtually all administrations previous to that of former President Arroyo. It is not necessary that the classification be made with absolute symmetry, in the sense that the members of the class should possess the same characteristics in equal degree. Section 1 reads: Section 1. DOCTRINE: WHEN A TRUTH COMMISSION IS CREATED TO INVESTIGATE ANOMALIES OF A SPECIFIC ADMINISTRATION IT IS VIOLATIVE OF THE EQUAL PROTECTION CLAUSE. If he would decide not to include them, the section would then be meaningless. It mandates that individuals in similar situations be treated equally by the law. Classic examples of laws that mean to attain equal protection are tax laws. 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