G.R. No. 105371 November 11,
1993
The Philippine Judges
Association, etc., petitioners
vs Hon. Pete Prado, etc.,
respondents
Ponente: Cruz
Facts:
The petitioners are members of
the mower courts who feel that their official functions as judges will be
prejudiced by the Section 35 of RA No. 7354 through Circular No. 92-98
withdrawing the franking privilege from the SC, CA, RTC, MTCs and Land Registration
of Deeds and other government offices.
Petitioners assails the
constitutionality of RA No. 7354 on the grounds: (1) its title embraces more
than one subject and does not express its purposes; (2) it did not pass the
required readings in both Houses of Congress and printed copies of the bill in
its final form were not distributed among the members before its passage; and
(3) it is discriminatory and encroaches on the independence of the Judiciary.
Issue: the independence of the
Judiciary.
Held:
(1) We are convinced that the
withdrawal of the franking privilege from some agencies is germane to the
accomplishment of the principal objective of R.A. No. 7354, which is the
creation of a more efficient and effective postal service system. Our ruling is
that, by virtue of its nature as a repealing clause, Section 35 did not have to
be expressly included in the title of the said law.
(2) Applying these principles,
we shall decline to look into the petitioners' charges that an amendment was
made upon the last reading of the bill that eventually became R.A. No. 7354 and
that copies thereof in its final form were not distributed among the members of
each House. Both the enrolled bill and the legislative journals certify that
the measure was duly enacted i.e., in accordance with Article VI, Sec. 26(2) of
the Constitution. We are bound by such official assurances from a coordinate
department of the government, to which we owe, at the very least, a becoming
courtesy.
(3) The respondents counter
that there is no discrimination because the law is based on a valid
classification in accordance with the equal protection clause. In fact, the
franking privilege has been withdrawn not only from the Judiciary but also the
Office of Adult Education, the Institute of National Language; the
Telecommunications Office; etc.
(4) We are unable to agree
with the respondents that Section 35 of R.A. No. 7354 represents a valid
exercise of discretion by the Legislature under the police power. On the
contrary, we find its repealing clause to be a discriminatory provision that
denies the Judiciary the equal protection of the laws guaranteed for all
persons or things similarly situated. The distinction made by the law is
superficial. It is not based on substantial distinctions that make real
differences between the Judiciary and the grantees of the franking privilege.
It is unconstitutional.
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