cases chap 4 consti

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FIRST DIVISION

[G.R. No. 120095. August 5, 1996]

JMM PROMOTION AND MANAGEMENT, INC., an !AR" INTERNATIONA#, INC., petitioner, vs.$ON. CO%RT O& APPEA#', $ON. MA. NIE(E' CON&E''OR, t)*n '*+*ta- o t)*

D*/at*nt o t)* #ao an E/o-*nt, $ON. JO'E 3RI##ANTE', 4n )4s +a/a+4t-as a+t4ng '*+*ta- o t)* D*/at*nt o #ao an E/o-*nt an$ON. &E#ICI'IMO JO'ON, 4n )4s +a/a+4t- as A4n4stato o t)* P)44//4n*O*s*as E/o-*nt A4n4stat4on, respondents.

D E C I ' I O N

!AP%NAN, J .

The limits of government regulation under the State's Police Power are once again at the

vortex of the instant controvers! "ssailed is the government's #ower to control de#loment of

female entertainers to $a#an % re&uiring an "rtist Record oo( )"R* as a #recondition to the

#rocessing % the PO+" of an contract for overseas em#loment! contending that the right to

overseas em#loment, is a #ro#ert right within the meaning of the -onstitution, #etitioners

vigorousl aver that de#rivation thereof allegedl through the onerous re&uirement of an "Rviolates the due #rocess clause and constitutes an invalid exercise of the #olice #ower!

The factual antecedents are undis#uted!

Following the much.#u%lici/ed death of 0aricris Sioson in 1221, former President -ora/on -!

"&uino ordered a t otal %an against the de#loment of #erforming artists to $a#an and other foreign

destinations! The %an was, however, rescinded after leaders of the overseas em#loment industr

#romised to extend full su##ort for a #rogram aimed at removing (in(s in the sstem of

de#loment! In its #lace, the government, through the Secretar of 3a%or and +m#loment,

su%se&uentl issued De#artment Order No! 45, creating the +ntertainment Industr "dvisor -ouncil

)+I"-*, which was tas(ed with issuing guidelines on the training, testing certification and de#loment

of #erforming artists a%road!

Pursuant to the +I"-'s recommendations, 617 the Secretar of 3a%or, on $anuar 8, 1229, issuedDe#artment Order No! : esta%lishing various #rocedures and re&uirements f or screening #erforming

artists under a new sstem of training, t esting, certification and de#loment of the f ormer! Performing

artists successfull hurdling the test, training and certification re&uirement were to %e issued an

"rtist's Record oo( )"R*, a necessar #rere&uisite to #rocessing of an contract of em#loment

% the PO+"! ;#on re&uest of the industr, im#lementation of the #rocess, originall scheduled for

"#ril 1, 1229, was moved to Octo%er 1, 1229!

Thereafter, the De#artment of 3a%or, following the +I"-'s recommendation, issued a series of

orders fine.tuning and im#lementing the new sstem! Prominent among these orders were the

following issuances<

1! De#artment Order No! :.", #roviding for additional guidelines on the training, testing, certification

and de#loment of #erforming artists!

4! De#artment Order No! :., #ertaining to the "rtist Record oo( )"R* re&uirement, which could

%e #rocessed onl after the artist could show #roof of academic and s(ills training and has #assed

the re&uired tests!

:! De#artment Order No! :.+, #roviding the minimum salar a #erforming artist ought to receive )not

less than ;S=8>>!>> for those %ound for $a#an* and the authori/ed deductions therefrom!

9! De#artment Order No! :.F, #roviding for the guidelines on the issuance and use of the "R %

returning #erforming artists who, unli(e new artists, shall onl undergo a S#ecial Orientation

Program )shorter than the %asic #rogram* although the must #ass the academic test!

In -ivil -ase No! 2?.@4@?>, the Federation of +ntertainment Talent 0anagers of the

Phili##ines )F+T0OP*, on $anuar 4@, 122? filed a class suit assailing these de#artment orders,

#rinci#all contending that said orders 1* violated the constitutional right to travelA 4* a%ridged

existing contracts for em#lomentA and :* de#rived individual artists of their licenses without due

#rocess of law! F+T0OP, li(ewise, averred that the issuance of the "rtist Record oo( )"R* was

discriminator and illegal and Bin gross violation of the constitutional right!!! to life li%ert and

#ro#ert!B Said Federation conse&uentl #raed for the issuance of a writ of #reliminar inCunction

against the aforestated orders!

On Fe%ruar 4, 1224, $00 Promotion and 0anagement, Inc! and ar International, Inc!,

herein #etitioners, filed a 0otion for Intervention in said civil case, which was granted % the trial

court in an Order dated 1? Fe%ruar, 122?!

Eowever, on Fe%ruar 41, 122?, the trial court issued an Order dening #etitioners' #raer for

a writ of #reliminar inCunction and dismissed the com#laint!

http://sc.judiciary.gov.ph/jurisprudence/1996/aug1996/120095.htm#_edn1




On a##eal from the trial court's Order, res#ondent court, in -" !R! SP No! :8@1: dismissed

the same! Tracing the circumstances which led to the issuance of the "R re&uirement and the

assailed De#artment Order, res#ondent court concluded that the issuances constituted a valid

exercise % the state of the #olice #ower!

Ge agree!

The latin maxim salus populi est suprema lex em%odies the character of the entire s#ectrum of #u%lic laws aimed at #romoting the general welfare of the #eo#le under the State's #olice #ower! "s

an inherent attri%ute of sovereignt which virtuall Bextends to all #u%lic needs,B647 this Bleast

limita%leB6:7 of governmental #owers grants a wide #ano#l of instruments through which the state,

as parens patriae gives effect to a host of its regulator #owers!

Descri%ing the nature and sco#e of the #olice #ower, $ustice 0alcolm, in the earl case

of Rubi v. Provincial Board of Mindoro697 wrote<

BThe #olice #ower of the State,B one court has said!!!'is a #ower coextensive with self.#rotection, and

is not ina#tl termed 'the law of overruling necessit!' It ma %e said to %e that inherent and #lenar

#ower in the state which ena%les it to #rohi%it all things hurtful to the comfort, safet and welfare of

societ!' -arried onward % the current of legislature, the Cudiciar rarel attem#ts to dam the

onrushing #ower of legislative discretion, #rovided the #ur#oses of the law do not go %eond the

great #rinci#les that mean securit for the #u%lic welfare or do not ar%itraril interfere with the right of

the individual!B6?7

Thus, #olice #ower concerns government enactments which #recisel interfere with #ersonal

li%ert or #ro#ert in order to #romote the general welfare or the common good! "s the assailed

De#artment Order enCos a #resumed validit, it follows that the %urden rests u#on #etitioners to

demonstrate that the said order, #articularl, its "R re&uirement, does not enhance the #u%lic

welfare or was exercised ar%itraril or unreasona%l!

" thorough review of the facts and circumstances leading to the issuance of the assailed

orders com#els us to rule that the "rtist Record oo( re&uirement and the &uestioned De#artment

Order related to its issuance were issued % the Secretar of 3a%or #ursuant to a valid exercise of

the #olice #ower!

In 1259, the Phili##ines emerged as the largest la%or sending countr in "sia dwarfing thela%or ex#ort of countries with mammoth #o#ulations such as India and -hina!"ccording to the

National Statistics Office, this diaspora was augmented annuall % over 9?>,>>> documented and

clandestine or illegal )undocumented* wor(ers who left the countr for various destinations a%road,

lured % higher salaries, %etter wor( o##ortunities and sometimes %etter living conditions!

Of the hundreds of thousands of wor(ers who left the countr for greener #astures in the last

few ears, women com#osed slightl close to half of those de#loed, constituting 9@H %etween

[email protected], exceeding this #ro#ortion )?5H* % the end of 1221, 687 the ear former President "&uino

instituted the %an on de#loment of #erforming artists to $a#an and other countries as a result of the

gruesome death of Fili#ino entertainer 0aricris Sioson!

It was during the same #eriod that this -ourt too( Cudicial notice not onl of the trend, %ut also

of the fact that most of our women, a large num%er em#loed as domestic hel#ers and entertainers,

wor(ed under ex#loitative conditions Bmar(ed % #hsical and #ersonal a%use!B 6@7 +ven then, we

noted that B6t7he sordid tales of maltreatment suffered % migrant Fili#ina wor(ers, even ra#e and

various forms of torture, confirmed % testimonies of returning wor(ersB com#elled Burgent

government action!B657

Pursuant to the alarming num%er of re#orts that a significant num%er of Fili#ina #erforming

artists ended u# as #rostitutes a%road )man of whom were %eaten, drugged and forced into

#rostitution*, and following the deaths of a num%er of these women, the government %egan

instituting measures aimed at de#loing onl those individuals who met set standards which would

&ualif them as legitimate #erforming artists! In s#ite of these measures, however, a num%er of our

countrmen have nonetheless fallen victim to unscru#ulous recruiters, ending u# as virtual slaves

controlled % foreign crime sndicates and forced into Co%s other than those indicated in their

em#loment contracts! Gorse, some of our women have %een forced into #rostitution!

Thus, after a num%er of inade&uate and failed accreditation schemes, the Secretar of 3a%or issued on "ugust 18, 122:, D!O! No! 45, esta%lishing the +ntertainment Industr "dvisor -ouncil

)+I"-*, the #olic advisor %od of DO3+ on entertainment industr matters! 627 "cting on the

recommendations of the said %od, the Secretar of 3a%or, on $anuar 8, 1229, issued the assailed

orders! These orders em%odied +I"-'s Resolution No! 1, which called for guidelines on screening,

testing and accrediting #erforming overseas Fili#ino artists! Significantl, as the res#ondent court

noted, #etitioners were dul re#resented in the +I"-, 61>7 which gave the recommendations on which

the "R and other re&uirements were %ased!

-learl, the welfare of Fili#ino #erforming artists, #articularl the women was #aramount in the

issuance of De#artment Order No! :! Short of a total and a%solute %an against the de#loment of

#erforming artists to Bhigh ris(B destinations, a measure which would onl drive recruitment further

underground, the new scheme at the ver least rationali/es the method of screening #erforming

artists % re&uiring reasona%le educational and artistic s(ills from them and limits de#loment to onl

those individuals ade&uatel #re#ared for the un#redicta%le demands of em#loment as artistsa%road! It cannot %e gainsaid that this scheme at least lessens the room for ex#loitation %

unscru#ulous individuals and agencies!


























0oreover, here or a%road, selection of #erforming artists is usuall accom#lished % auditions,

where those deemed unfit are usuall weeded out through a #rocess which is inherentl su%Cective

and vulnera%le to %ias and differences in taste! The "R re&uirement goes one ste# further,

however, attem#ting to minimi/e the su%Cectivit of the #rocess % defining the minimum s(ills

re&uired from entertainers and #erforming artists! "s the Solicitor eneral o%served, this should %e

easil met % ex#erienced artists #ossessing merel %asic s(ills! The tests are aimed at segregating

real artists or #erformers from those #assing themselves off as such, eager to acce#t an availa%le

Co% and therefore ex#osing themselves to #ossi%le ex#loitation!

"s to the other #rovisions of De#artment Order No! : &uestioned % #etitioners, we see

nothing wrong with the re&uirement for document and %oo(ing confirmation )D!O! :.-*, a minimum

salar scale )D!O! :.+*, or the re&uirement for registration of returning #erformers! The re&uirement

for a venue certificate or other documents evidencing the #lace and nature of wor( allows the

government closer monitoring of foreign em#loers and hel#s (ee# our entertainers awa from

#rostitution fronts and other wor(sites associated with unsavor, immoral, illegal or ex#loitative

#ractices! Parentheticall, none of these issuances a##ear to us, % an stretch of the imagination,

even remotel unreasona%le or ar%itrar! The address a felt need of according greater #rotection

for an oft.ex#loited segment of our O-G's! The res#ond to the industr's demand for clearer and

more #ractica%le rules and guidelines! 0an of these #rovisions were fleshed out following

recommendations %, and after consultations with, the affected sectors and non.government

organi/ations! On the whole, the are aimed at enhancing the safet and securit of entertainers and

artists %ound for $a#an and other destinations, without stifling the industr's concerns for ex#ansion

and growth!

In an event, a#art from the State's #olice #ower, the -onstitution itself mandates government

to extend the fullest #rotection to our overseas wor(ers! The %asic constitutional statement on la%or,

em%odied in Section 15 of "rticle II of the -onstitution #rovides<

Sec! 15! The State affirms la%or as a #rimar social economic force! It shall #rotect the rights of

wor(ers and #romote their welfare!

0ore em#haticall, the social Custice #rovision on la%or of the 125@ -onstitution in its first

#aragra#h states<

The State shall afford full #rotection to la%or, local and overseas, organi/ed and unorgani/ed

and #romote full em#loment and e&ualit of em#loment o##ortunities for all!

O%viousl, #rotection to la%or does not indicate #romotion of em#loment alone! ;nder the

welfare and social Custice #rovisions of the -onstitution, the #romotion of full em#loment, while

desira%le, cannot ta(e a %ac(seat to the government's constitutional dut to #rovide mechanisms for

the #rotection of our wor(force, local or overseas! "s this -ourt ex#lained in Philippine Association

of Service Exporters (PASEI) v. rilon,6117 in reference to the recurring #ro%lems faced % our

overseas wor(ers<

Ghat concerns the -onstitution more #aramountl is that such an em#loment %e a%ove all, decent,

Cust, and humane! It is %ad enough that the countr has to send its sons and daughters to strange

lands %ecause it cannot satisf their em#loment needs at home! ;nder these circumstances, the

overnment is dut.%ound to insure that our toiling ex#atriates have ade&uate #rotection, #ersonall

and economicall, while awa from home!

Ge now go to #etitioners' assertion that the #olice #ower cannot, nevertheless, a%ridge the

right of our #erforming wor(ers to return to wor( a%road after having earlier &ualified under the old

#rocess, %ecause, having #reviousl %een accredited, their accreditation %ecame a #ro#ert right,B

#rotected % the due #rocess clause! Ge find this contention untena%le!

" #rofession, trade or calling is a #ro#ert right within the meaning of our constitutional

guarantees! One cannot %e de#rived of the right to wor( and the right to ma(e a living %ecause

these rights are #ro#ert rights, the ar%itrar and unwarranted de#rivation of which normall

constitutes an actiona%le wrong!6147

Nevertheless, no right is a%solute, and the #ro#er regulation of a #rofession, calling, %usiness

or trade has alwas %een u#held as a legitimate su%Cect of a valid exercise of the #olice #ower %

the state #articularl when their conduct affects either the execution of legitimate governmental

functions, the #reservation of the State, the #u%lic health and welfare and #u%lic morals! "ccording

to the maxim, sic utere tuo ut alienum non laedas, it must of course %e within the legitimate range of

legislative action to define the mode and manner in which ever one ma so use his own #ro#ert so

as not to #ose inCur to himself or others!61:7

In an case, where the li%ert curtailed affects at most the rights of #ro#ert, the #ermissi%le

sco#e of regulator measures is certainl much wider !6197 To #retend that licensing or accreditation

re&uirements violates the due #rocess clause is to ignore the settled #ractice, under the mantle of

the #olice #ower, of regulating entr to the #ractice of various trades or #rofessions! Professionals

leaving for a%road are re&uired to #ass rigid written and #ractical exams %efore the are deemed fit

to #ractice their trade!Seamen are re&uired to ta(e tests determining their seamanshi#! 3ocall, the

Professional Regulation -ommission has %egan to re&uire #reviousl licensed doctors and other

#rofessionals to furnish documentar #roof that the had either re.trained or had underta(en

continuing education courses as a re&uirement for renewal of their licenses! It is not claimed thatthese re&uirements #ose an unwarranted de#rivation of a #ro#ert right under the due #rocess

clause! So long as Professionals and other wor(ers meet reasona%le regulator standards no such

de#rivation exists!













Finall, it is a futile gesture on the #art of #etitioners to invo(e the non.im#airment clause of the

-onstitution to su##ort their argument that the government cannot enact the assailed regulator

measures %ecause the a%ridge the freedom to contract! In Philippine Association of Service

Exporters! Inc. vs. rilon, we held that B6t7he non.im#airment clause of the -onstitution!!! must ield

to the loftier #ur#oses targeted % the government!B 61?7 +&uall im#ortant, into ever contract is read

#rovisions of existing law, and alwas, a reservation of the #olice #ower for so long as the

agreement deals with a su%Cect im#ressed with the #u%lic welfare!

" last #oint! Petitioners suggest that the singling out of entertainers and #erforming artists

under the assailed de#artment orders constitutes class legislation which violates the e&ual

#rotection clause of the -onstitution! Ge do not agree!

The e&ual #rotection clause is directed #rinci#all against undue favor and individual or class

#rivilege! It is not intended to #rohi%it legislation which is limited to the o%Cect to which it is directed or

% the territor in which it is to o#erate! It does not re&uire a%solute e&ualit, %ut merel that all

#ersons %e treated ali(e under li(e conditions %oth as to #rivileges conferred and lia%ilities im#osed!6187 Ge have held, time and again, that the e&ual #rotection clause of the -onstitution does not for%id

classification for so long as such classification is %ased on real and su%stantial differences having a

reasona%le relation to the su%Cect of the #articular legislation! 61@7 If classification is germane to the

#ur#ose of the law, concerns all mem%ers of the class, and a##lies e&uall to #resent and future

conditions, the classification does not violate the e&ual #rotection guarantee!

In the case at %ar, the challenged De#artment Order clearl a##lies to all #erforming artistsand entertainers destined for Co%s a%road! These orders, we stressed herein%efore, further the

-onstitutional mandate re&uiring overnment to #rotect our wor(force, #articularl those who ma

%e #rone to a%use and ex#loitation as the are %eond the #hsical reach of government regulator

agencies! The tragic incidents must somehow sto#, %ut short of a%solutel curtailing the right of

these #erformers and entertainers to wor( a%road, the assailed measures ena%le our government to

assume a measure of control!

7$ERE&ORE, finding no reversi%le error in the decision sought to %e reviewed, #etition is

here% D+NI+D!

'O ORDERED.

Padilla ("hairman)! Bellosillo! #itu$! and %ermosisima! &r.! &&.! concur .










TEIRD DIVISION

[G.R. No. 122918. Ju- 12, 1999]

MARITE' 3ERNARDO, E#(IRA GO DIAMANTE, RE3ECCA E. DA(ID, DA(ID P. PA'C%A#,RA%E# E'TI##ER, A#3ERT $A##ARE, EDM%ND M. CORTE:, JO'E#ITO O. AGDONGEORGE P. #IG%TAN JR., CE#'O M. "A:AR, A#E; G. CORP%:, RONA#D M. DE#&IN,

RO7ENA M. TA3A%ERO, CORA:ON C. DE#O' RE"E', RO3ERT G. NOORA, MI#AGRO' O.#E%IGAN, ADRIANA &. TAT#ONG$ARI, I!E CA3AND%CO', COCO" NO3E##O, DORENDACANTIM3%$AN, RO3ERT MARCE#O, #I#I3ET$ . MARMO#EJO, JO'E E. 'A#E', I'A3E#MAMA%AG, (IO#ETA G. MONTE', A#3INO TEC'ON, ME#OD" (. GR%E#A, 3ERNADET$ D.

AGERO, C"NT$IA DE (ERA, #ANI R. CORTE:, MA. I'A3E# 3. CONCEPCION, DINDO(A#ERIO, :ENAIDA MATA, ARIE# DE# PI#AR, MARGARET CECI#IA CANO:A, T$E#MA

'E3A'TIAN, MA. JEANETTE CER(ANTE', JEANNIE RAMI#, RO:AIDA PA'C%A#, PIN!"3A#O#OA, E#I:A3ET$ (ENT%RA, GRACE '. PARDO < RICO TIMO'A, petitioners vs.

NATIONA# #A3OR RE#ATION' COMMI''ION < &AR EA'T 3AN! AND TR%'TCOMPAN", respondents.

D E C I ' I O N

PANGANI3AN, J.:

The 0agna -arta for Disa%led Persons mandates that &ualified disa%led #ersons %e granted thesame terms and conditions of em#loment as &ualified a%le.%odied em#loees! Once the have

attained the status of regular wor(ers, the should %e accorded all the %enefits granted % law,

notwithstanding written or ver%al contracts to the contrar! This treatment is rooted not merel on

charit or accommodation, %ut on Custice for all!

T)* Cas*

-hallenged in the Petition for "ertiorar i 617 %efore us is the $une 4>, 122? Decision 647 of the National

3a%or Relations -ommission )N3R-*,6:7 which affirmed the "ugust, 44 1229 ruling of 3a%or "r%iter

-ornelio 3! 3insangan! The la%or ar%iters Decision dis#osed as follows<697

GE+R+FOR+, Cudgment is here% rendered dismissing the a%ove.mentioned com#laint for lac( of

merit!

"lso assailed is the "ugust 9, 122? Resolution6?7

of the N3R-, which denied the 0otion forReconsideration!

T)* &a+ts

The facts were summari/ed % the N3R- in this wise< 687

-om#lainants num%ering 9: )#! 1@8, Records* are deaf.mutes who were hired on various #eriods

from 1255 to 122: % res#ondent Far +ast an( and Trust -o! as 0one Sorters and -ounters

through a uniforml worded agreement called +m#loment -ontract for Eandica##ed Gor(ers! )##!

85 82, Records* The full text of said agreement is &uoted %elow<

+0P3OJ0+NT -ONTR"-T FOR E"NDI-"PP+D GOR+RS

This -ontract, entered into % and %etween<

F"R +"ST "N "ND TR;ST -O0P"NJ, a universal %an(ing cor#oration dul organi/ed and

existing under and % virtue of the laws of the Phili##ines, with %usiness address at F+T- uilding,

0uralla, Intramuros, 0anila, re#resented herein % its "ssistant Vice President, 0R! F3OR+NDO !

0"R"N"N, )hereinafter referred to as the "N*A

. and .

KKKKKKKKKKKKKKKK, KKKKKKKKKKKKKKKK ears old, of legal age, KKKKKKKKKKKKK, and residing at

KKKKKKKKKKKKKKKKKK )hereinafter referred to as the )+0P3OJ++*!

GITN+SS+TE< That

GE+R+"S, the "N, cogni/ant of its social res#onsi%ilit, reali/es that there is a need to #rovide

disa%led and handica##ed #ersons gainful em#loment and o##ortunities to reali/e their #otentials,

u#lift their socio.economic well %eing and welfare and ma(e them #roductive, self.reliant and useful

citi/ens to ena%le them to full integrate i n the mainstream of societA

GE+R+"S, there are certain #ositions in the "N which ma %e filled.u# % disa%led and

handica##ed #ersons, #articularl deaf.mutes, and the "N ha6s7 %een a##roached % some civic.

minded citi/ens and authori/ed government agencies 6regarding7 the #ossi%ilit of hiring

handica##ed wor(ers for these #ositionsA

GE+R+"S, the +0P3OJ++ is one of those handica##ed wor(ers who 6were7 recommended for

#ossi%le em#loment with the "NA

NOG, TE+R+FOR+, for and in consideration of t he foregoing #remises and in com#liance with

"rticle 5> of the 3a%or -ode of the Phili##ines as amended, the "N and the +0P3OJ++ have

entered into this +m#loment -ontract as follows<

1! The "N agrees to em#lo and train the +0P3OJ++, and the +0P3OJ++ agrees to diligentl

and faithfull wor( with the "N, as 0one Sorter and -ounter!

http://sc.judiciary.gov.ph/jurisprudence/1999/jul99/122917.htm#_edn1

















4! The +0P3OJ++ shall #erform among others, the following duties and res#onsi%ilities<

i Sort out %ills according to colorA

ii! -ount each denomination #er hundred, either manuall or with the aid of a counting machineA

iii! Gra# and la%el %ills #er hundredA

iv! Put the wra##ed %ills into %undlesA and

v! Su%mit %undled %ills to the %an( teller for verification!

:! The +0P3OJ++ shall undergo a training #eriod of one )1* month, aft er which the "N shall

determine whether or not heLshe should %e allowed to finish t he remaining term of this -ontract!

9! The +0P3OJ++ shall %e entitled to an initial com#ensation of P115!>> #er da, su%Cect to

adCustment in the sole Cudgment of t he "N, #aa%le ever 1?th and end of the month!

?! The regular wor( schedule of the +0P3OJ++ shall %e five )?* das #er wee(, from 0ondas thru

Fridas, at eight )5* hours a da! The +0P3OJ++ ma %e re&uired to #erform overtime wor( as

circumstance ma warrant, for which overtime wor( heLshe 6shall7 %e #aid an additional

com#ensation of 14?H of his dail rate if #erformed during ordinar das and 1:>H if #erformed

during Saturda or 6a7 rest da!

8! The +0P3OJ++ shall li(ewise %e entitled to the following %enefits<

i! Pro#ortionate 1:th month #a %ased on his %asic dail wage!

ii! Five )?* das incentive leave!

iii! SSS #remium #ament!

@! The +0P3OJ++ %inds himselfLherself to a%ide 6%7 and com#l with all the "N Rules and

Regulations and Policies, and to conduct himselfLherself in a manner ex#ected of all em#loees of

the "N!

5! The +0P3OJ++ ac(nowledges the fact that heLshe had %een em#loed under a s#ecial

em#loment #rogram of the "N, for which reason the standard hiring re&uirements of the "N

were not a##lied in hisLher case! -onse&uentl, the +0P3OJ++ ac(nowledges and acce#ts the fact

that the terms and conditions of the em#loment generall o%served % the "N with res#ect to the"Ns regular em#loee are not a##lica%le to the +0P3OJ++, and that therefore, the terms and

conditions of the +0P3OJ++s em#loment with the "N shall %e governed solel and exclusivel

% this -ontract and % the a##lica%le rules and regulations that the De#artment of 3a%or and

+m#loment ma issue in connection with the em#loment of disa%led and handica##ed

wor(ers! 0ore s#ecificall, the +0P3OJ++ here% ac(nowledges that the #rovisions of oo( Six of

the 3a%or -ode of the Phili##ines as amended, #articularl on regulation of em#loment and

se#aration #a are not a##lica%le to himLher!

2! The +m#loment -ontract shall %e for a #eriod of six )8* months or from KKKK to KKKK unless

earlier terminated % the "N for an Cust or reasona%le cause! "n continuation or extension of

this -ontract shall %e in writing and therefore this -ontract will automaticall ex#ire at the end of it s

terms unless renewed in writing % the "N!

IN GITN+SS GE+R+OF, the #arties, have hereunto affixed their signature6s7 this KKKK da of

KKKKKKKKKKKKKKKKK, KKKKKKKKKKKK at Intramuros, 0anila, Phili##ines!

In 1255, two )4* deaf.mutes were hired under this "greementA in 1252 another two )4*A in 122>,

nineteen )12*A in 1221 six )8*A in 1224, six )8* and in 122:, twent.one )41*! Their em#loment6s7

were renewed ever six months such that % the time this case arose, there were f ift.six )?8* deaf.

mutes who were em#loed % res#ondent under the said em#loment agreement! The last one was

Thelma 0alindo who was em#loed in 1224 and whose contract ex#ired on $ul 122:!

x x x x x x x x x

Disclaiming that com#lainants were regular em#loees, res#ondent Far +ast an( and Trust

-om#an maintained that com#lainants who are a s#ecial class of wor(ers the hearing im#aired

em#loees were hired tem#oraril under 6a7 s#ecial em#loment arrangement which was a result ofovertures made % some civic and #olitical #ersonalities to the res#ondent an(A that com#lainant6s7

were hired due to #a(iusa# which must %e considered in the light of the context of the res#ondent

an(s cor#orate #hiloso#h as well as its career and wor(ing environment which is to maintain and

strengthen a cor#s of #rofessionals trained and &ualified officers and regular em#loees who are

%accalaureate degree holders from excellent schools which is an un%ending #olic in the hiring of

regular em#loeesA that in addition to this, t raining continues so that the regular em#loee grows in

the cor#orate ladderA that the idea of hiring handica##ed wor(ers was acce#ta%le to them onl on a

s#ecial arrangement %asisA that it ado#ted the s#ecial #rogram to hel# t ide over a grou# of

handica##ed wor(ers such as deaf.mutes li(e the com#lainants who could do manual wor( for the

res#ondent an(A that the tas( of counting and sorting of %ills which was %eing #erformed % tellers

could %e assigned to deaf.mutesA that the counting and sorting of mone are tellering wor(s which

were alwas logicall and naturall #art and #arcel of the tellers normal functionsA that from the

%eginning there have %een no se#arate items in the res#ondent an( #lantilla for sorters or

countersA that the tellers themselves alread did the sorting and counting chore as a regular feature

and integral #art of their duties )#! 2@, Records*A that through the #a(iusa# of "rturo orCal, thetellers were relieved of this tas( of counting and sorting %ills in favor of deaf.mutes without creating

new #ositions as there is no #osition either in t he res#ondent or in an other %an( in the Phili##ines

which deals with #urel counting and sorting of %ills in %an(ing o#erations!



Petitioners s#ecified when each of them was hired and dismissed, vi/< 6@7

NAME O& PETITIONER 7OR!P#ACE Dat* $4* Dat* D4s4ss*

1! 0"RIT+S +RN"RDO Intramuros 14 NOV 2> 1@ NOV 2:

4! +3VIR" O DI"0"NT+ Intramuros 49 $"N 2> 11 $"N 29

:! R++--" +! D"VID Intramuros 18 "PR 2> 4: O-T 2:

9! D"VID P! P"S-;"3 el."ir 1? O-T 55 41 NOV 29

?! R"M;+3 +STI33+R Intramuros 4 $;3 24 9 $"N 29

8! "3+RT E"33"R+ Gest 9 $"N 21 2 $"N 29

@! +D0;ND 0! -ORT+ el."ir 1? $"N 21 : D+- 2:

5! $OS+3ITO O! "DON Intramuros ? NOV 2> 1@ NOV 2:

2! +OR+ P! 3I;T"N, $R! Intramuros 8 S+PT 52 12 $"N 29

1>! -+3SO 0! J""R Intramuros 5 F+ 2: 5 "; 2:

11! "3+ ! -ORP; Intramuros 1? F+ 2: 1? "; 2:

14! RON"3D 0! D+3FIN Intramuros 44 F+ 2: 44 "; 2:

1:! ROG+N" 0! T""M;+RO Intramuros 44 F+ 2: 44 "; 2:

19! -OR"ON -! D+3OS R+J+S Intramuros 5 F+ 2: 5 "; 2:

1?! RO+RT ! NOOR" Intramuros 1? F+ 2: 1? "; 2:

18! 0I3"ROS O! 3+M;I"N Intramuros 1 F+ 2: 1 "; 2:

1@! "DRI"N" F! T"T3ONE"RI Intramuros 44 $"N 2: 44 $;3 2:

15! I+ -""ND;-OS Intramuros 49 F+ 2: 49 "; 2:

12! -O-OJ NO+33O Intramuros 44 F+ 2: 44 "; 2:

4>! DOR+ND" -"TI0;E"N Intramuros 1? F+ 2: 1? "; 2:

41! RO+RT 0"R-+3O Gest :1 $;3 2: 657 1 "; 2:

44! 3I3I+TE M! 0"R0O3+$O Gest 1? $;N 2> 41 NOV 2:

4:! $OS+ +! S"3+S Gest 8 "; 24 14 O-T 2:

49! IS"+3 0"0";" Gest 5 0"J 24 1> NOV 2:

4?! VIO3+T" ! 0ONT+S Intramuros 4 F+ 2> 1? $"N 29

48! "3INO T+-SON Intramuros @ NOV 21 1> NOV 2:

4@! 0+3ODJ V! R;+3" Gest 45 O-T 21 : NOV 2:

45! +RN"D+TE D! "+RO Gest 12 D+- 2> 4@ D+- 2:

42! -JNTEI" D+ V+R" el."ir 48 $;N 2> : D+- 2:

:>! 3"NI R! -ORT+ el."ir 1? O-T 55 1> D+- 2:

:1! 0"! IS"+3 ! -ON-+P-ION Gest 8 S+PT 2> 8 F+ 29

:4! DINDO V"3+RIO Intramuros :> 0"J 2: :> NOV 2:

::! +N"ID" 0"T" Intramuros 1> F+ 2: 1> "; 2:

:9! "RI+3 D+3 PI3"R Intramuros 49 F+ 2: 49 "; 2:

:?! 0"R"R+T -+-I3I" -"NO" Intramuros 4@ $;3 2> 9 F+ 29

:8! TE+30" S+"STI"N Intramuros 14 NOV 2> 1@ NOV 2:

:@! 0"! $+"N+TT+ -+RV"NT+S Gest 8 $;N 24 @ D+- 2:

:5! $+"NNI+ R"0I3 Intramuros 4: "PR 2> 14 O-T 2:

:2! RO"ID" P"S-;"3 el."ir 4> "PR 52 42 O-T 2:

9>! PINJ "3O3O" Gest : $;N 21 4 D+- 2:

91! +3I"+TE V+NT;R" Gest 14 0"R 2> F+ 29 6SI-7

94! R"-+ S! P"RDO Gest 9 "PR 2> 1: 0"R 29








9:! RI-O TI0OS" Intramuros 45 "PR 2: 45 O-T 2:

"s earlier noted, the la%or ar%iter and, on a##eal, the N3R- ruled against herein #etitioners! Eence,

this recourse to this -ourt!627

T)* Ru4ng o t)* N#RC

In affirming the ruling of the la%or ar%iter that herein #etitioners could not %e deemed regular

em#loees under "rticle 45> of the 3a%or -ode, as amended, Res#ondent -ommission ratiocinatedas follows<

Ge agree that "rt! 45> is not controlling herein! Ge give due credence to t he conclusion that

com#lainants were hired as an accommodation to 6the7 recommendation of civic oriented

#ersonalities whose em#loment6s7 were covered % xxx +m#loment -ontract6s7 with s#ecial

#rovisions on duration of contract as s#ecified under "rt! 5>! Eence, as correctl held % the 3a%or

"r%iter a &uo, the terms of the contract shall %e the law %etween the #arties!61>7

The N3R- also declared that the 0agna -arta for Disa%led Persons was not a##lica%le, considering

the #revailing circumstancesLmilieu of the case!

Issu*s

In their 0emorandum, #etitioners cite the following grounds in su##ort of their cause<

I! The Eonora%le -ommission committed grave a%use of discretion in holding that the #etitioners .

mone sorters and counters wor(ing in a %an( . were not regular em#loees!

II! The Eonora%le -ommission committed grave a%use of discretion in holding t hat the em#loment

contracts signed and renewed % the #etitioners . which #rovide for a #eriod of six )8* months . were

valid!

III! The Eonora%le -ommission committed grave a%use of discretion in not a##ling the #rovisions of

the 0agna -arta for the Disa%led )Re#u%lic "ct No! @4@@*, on #roscri#tion against discrimination

against disa%led #ersons!6117

In the main, the -ourt will resolve whether #etitioners have %ecome regular em#loees!

T)4s Couts Ru4ng

The #etition is meritorious! Eowever, onl the em#loees, who wor(ed for more than six months andwhose contracts were renewed are deemed regular! Eence, their dismissal from em#loment was

illegal!

P*44na- Matt* Propriety of Certiorari

Res#ondent Far +ast an( and Trust -om#an argues that a review of the findings of facts of the

N3R- is not allowed in a #etition f or certiorari! S#ecificall, it maintains that the -ourt cannot #ass

u#on the findings of #u%lic res#ondents that #etitioners were not regular em#loees!

True, the -ourt, as a rule, does not review the factual findings of #u%lic res#ondents in

a certiorari #roceeding! In resolving whether the #etitioners have %ecome regular em#loees, we

shall not change the facts found % the #u%lic res#ondent! Our tas( is merel to determine whetherthe N3R- committed grave a%use of discretion in a##ling the law to the esta%lished facts, as

a%ove.&uoted from the assailed Decision!

Ma4n Issu* Are Petitioners Regular Employees?

Petitioners maintain that the should %e considered regular em#loees, %ecause their tas( as mone

sorters and counters was necessar and desira%le to the %usiness of res#ondent %an(! The further

allege that their contracts served merel to #reclude the a##lication of "rticle 45> and to %ar them

from %ecoming regular em#loees!

Private res#ondent, on the other hand, su%mits that #etitioners were hired onl as s#ecial wor(ers

and should not in an wa %e considered as #art of t he regular com#lement of the an(! 6147Rather,

the were s#ecial wor(ers under "rticle 5> of the 3a%or -ode! Private res#ondent contends that it

never solicited the services of #etitioners, whose em#loment was merel an accommodation in

res#onse to the re&uests of government officials and civic.minded citi/ens! The were told from thestart, with the assistance of government re#resentatives, that the could not %ecome regular

em#loees %ecause there were no #lantilla #ositions for mone sorters, whose tas( used to %e

#erformed % tellers! Their contracts were renewed several times, not %ecause of need %ut merel

for humanitarian reasons! Res#ondent su%mits that as of the #resent, the s#ecial #osition that was

created for the #etitioners no longer exist6s7 in #rivate res#ondent 6%an(7, after the latter had decided

not to renew anmore their s#ecial em#loment contracts!

"t the outset, let it %e (nown that this -ourt a##reciates the no%ilit of #rivate res#ondents effort to

#rovide em#loment to #hsicall im#aired individuals and to ma(e them more #roductive mem%ers

of societ! Eowever, we cannot allow it to elude the legal conse&uences of that effort, sim#l

%ecause it now deems their em#loment irrelevant! The facts, viewed in light of the 3a%or -ode and

the 0agna -arta for Disa%led Persons, indu%ita%l show that the #etitioners, exce#t sixteen of them,

should %e deemed regular em#loees! "s such, the have ac&uired legal rights that this -ourt is

dut.%ound to #rotect and u#hold, not as a matter of com#assion %ut as a conse&uence of law and

Custice!

The uniform em#loment contracts of the #etitioners sti#ulated that the shall %e trained for a #eriod

of one month, after which the em#loer shall determine whether or not the should %e allowed to












finish the 8.month term of the contract! Furthermore, the em#loer ma terminate the contract at an

time for a Cust and reasona%le cause! ;nless renewed in writing % the em#loer, the contract shall

automaticall ex#ire at the end of the term!

"ccording to #rivate res#ondent, the em#loment contracts were #re#ared in accordance with "rticle

5> of the 3a%or -ode, which #rovides<

"RT! 5>! +m#loment agreement! "n em#loer who em#los handica##ed wor(ers shall enter into

an em#loment agreement with them, which agreement shall include<

)a* The names and addresses of the handica##ed wor(ers to %e em#loedA

)%* The rate to %e #aid the handica##ed wor(ers which shall %e not less than sevent five )@?H* #er

cent of the a##lica%le legal minimum wageA

)c* The duration of em#loment #eriodA and

)d* The wor( to %e #erformed % handica##ed wor(ers!

The em#loment agreement shall %e su%Cect to ins#ection % the Secretar of 3a%or or his dul

authori/ed re#resentatives!

The sti#ulations in the em#loment contracts indu%ita%l conform with the aforecited

#rovision! Succeeding events and the enactment of R" No! @4@@ )the 0agna -arta for Disa%led

Persons*,61:7 however, Custif the a##lication of "rticle 45> of the 3a%or -ode!

Res#ondent %an( entered into the aforesaid contract with a total of ?8 handica##ed wor(ers and

renewed the contracts of :@ of them! In fact, two of t hem wor(ed from 1255 to 122:! Veril, the

renewal of the contracts of the handica##ed wor(ers and the hiring of others lead to the conclusion

that their tas(s were %eneficial and necessar to the %an(! 0ore im#ortant, these facts show that

the were 'ualified to #erform the res#onsi%ilities of their #ositions! In other words, their disa%ilit did

not render them un&ualified or unfit for the tas(s assigned to them!

In this light, the 0agna -arta for Disa%led Persons mandates that a 'ualified disa%led em#loee

should %e given the same terms and conditions of em#loment as a 'ualified a%le.%odied

#erson! Section ? of the 0agna -arta #rovides<

Section ?! E'ual pportunit for Emploment !No disa%led #erson shall %e denied access to

o##ortunities for suita%le em#loment! " &ualified disa%led em#loee shall %e su%Cect to the same

terms and conditions of em#loment and the same com#ensation, #rivileges, %enefits, fringe

%enefits, incentives or allowances as a &ualified a%le %odied #erson!

The fact that the em#loees were &ualified disa%led #ersons necessaril removes the em#loment

contracts from the am%it of "rticle 5>! Since the 0agna -arta accords them the rights of &ualified

a%le.%odied #ersons, the are thus covered % "rticle 45> of the 3a%or -ode, which #rovides<

"RT! 45>! Regular and -asual +m#loment! .. The #rovisions of written agreement to the contrar

notwithstanding and regardless of the oral agreement of the #arties, an em#loment shall %e

deemed to %e regular where the em#loee has %een engaged to #erform activities which are usuall

necessar or desira%le in the usual %usiness or trade of the em#loer, exce#t where the em#loment

has %een fixed for a s#ecific #roCect or underta(ing the com#letion or t ermination of which has %eendetermined at the time of the engagement of the em#loee or where the wor( or services to %e

#erformed is seasonal in nature and the em#loment is for t he duration of the season!

"n em#loment shall %e deemed to %e casual if it is not covered % the #receding

#aragra#h< Provided, That, an em#loee who has rendered at least one ear of service, whether

such service is continuous or %ro(en, shall %e considered as regular em#loee with res#ect to the

activit in which he is em#loed and his em#loment shall continue while such activit exists!

The test of whether an em#loee is regular was laid down in e *eon v. +*R" ,6197 in which this -ourt

held<

The #rimar standard, therefore, of determining regular em#loment is the reasona%le connection

%etween the #articular activit #erformed % the em#loee in relation to the usual trade or %usiness

of the em#loer! The test is whether the former is usuall necessar or desira%le in the usual

%usiness or trade of the em#loer! The connection can %e determined % considering the nature ofthe wor( #erformed and its relation to the scheme of the #articular %usiness or trade in its

entiret! "lso if the em#loee has %een #erforming the Co% for at least one ear, even if the

#erformance is not continuous and merel intermittent, the law deems re#eated and continuing need

for its #erformance as sufficient evidence of the necessit if not indis#ensa%ilit of that activit to the

%usiness! Eence, the em#loment is considered regular, %ut onl with res#ect to such activit, and

while such activit exists!

Githout a dou%t, the tas( of counting and sorting %ills is necessar and desira%le to the %usiness of

res#ondent %an(! Gith the exce#tion of sixteen of them, #etit ioners #erformed these tas(s for more

than six months! Thus, the following twent.seven #etitioners should %e deemed regular

em#loees< 0arites ernardo, +lvira o Diamante, Re%ecca +! David, David P! Pascual, Ra&uel

+stiller, "l%ert Eallare, +dmund 0! -orte/, $oselito O! "gdon, eorge P! 3igutan $r!, 3ili%eth M!

0armoleCo, $ose +! Sales, Isa%el 0amauag, Violeta ! 0ontes, "l%ino Tecson, 0elod V! ruela,

ernadeth D! "gero, -nthia de Vera, 3ani R! -orte/, 0a! Isa%el ! -once#cion, 0argaret -ecilia

-ano/a, Thelma Se%astian, 0a! $eanette -ervantes, $eannie Ramil, Ro/aida Pascual, Pin(aloloa, +li/a%eth Ventura and race S! Pardo!











"s held % the -ourt, "rticles 45> and 451 of the 3a%or -ode #ut an end to the #ernicious #ractice of

ma(ing #ermanent casuals of our lowl em#loees % the sim#le ex#edient of extending to t hem

#ro%ationar a##ointments, ad infinitum!61?7 The contract signed % #etitioners is a(in to a

#ro%ationar em#loment, during which the %an( determined the em#loees fitness for the

Co%! Ghen the %an( renewed the contract after the la#se of the six.month #ro%ationar #eriod, the

em#loees there% %ecame regular em#loees!6187 No em#loer is allowed to determine indefinitel

the fitness of its em#loees!

"s regular em#loees, the twent.seven #etitioners are entitled to securit of tenureA that is, theirservices ma %e terminated onl for a Cust or authori/ed cause! ecause res#ondent failed to show

such cause,61@7 these twent.seven #etitioners are deemed illegall dismissed and therefore entitled

to %ac( wages and reinstatement without loss of seniorit rights and other #rivileges! 6157-onsidering

the allegation of res#ondent that the C o% of mone sorting is no longer availa%le %ecause it has %een

assigned %ac( to the tellers to whom it originall %elonged,6127 #etitioners are here% awarded

se#aration #a in lieu of reinstatement! 64>7

ecause the other sixteen wor(ed onl for six months, the are not deemed regular em#loees and

hence not entitled to the same %enefits!

Applicability of the 3*nt Ruling

Res#ondent %an(, citing Brent School v. ,amora6417 in which the -ourt u#held the validit of an

em#loment contract with a fixed term, argues that t he #arties entered into the contract on e&ual

footing! It adds that t he #etitioners had in fact an advantage, %ecause the were %ac(ed % thenDSGD Secretar 0ita Pardo de Tavera and Re#resentative "rturo orCal!

Ge are not #ersuaded! The term limit in the contract was #remised on the fact that t he #etitioners

were disa%led, and that the %an( had to determine their fitness for the #osition! Indeed, its validit is

%ased on "rticle 5> of the 3a%or -ode! ut as noted earlier, #etitioners #roved themselves to

%e 'ualified disa%led #ersons who, under the 0agna -arta for Disa%led Persons, are entitled to

terms and conditions of em#loment enCoed % 'ualified a%le.%odied individualsA hence, "rticle 5>

does not a##l %ecause #etitioners are 'ualified for their #ositions! The validation of the limit

im#osed on their contracts, im#osed % reason of their disa%ilit, was a glaring instance of the ver

mischief sought to %e addressed % the new law!

0oreover, it must %e em#hasi/ed that a contract of em#loment is im#ressed with #u%lic interest!6447 Provisions of a##lica%le statutes are deemed written into the contract, and the #arties are not at

li%ert to insulate themselves and their relationshi#s from the im#act of la%or laws and regulations %

sim#l contracting with each other!64:7

-learl, the agreement of the #arties regarding the #eriod ofem#loment cannot #revail over the #rovisions of the 0agna -arta for Disa%led Persons, which

mandate that #etitioners must %e treated as &ualified a%le.%odied em#loees!

Res#ondents reason for terminating the em#loment of #etitioners is instructive! ecause the

ang(o Sentral ng Pili#inas )SP* re&uired that cash in the %an( %e turned over to the SP during

%usiness hours from 5<>> a!m! to ?<>> #!m! , res#ondent resorted to nighttime sorting and counting of

mone! Thus, it reasons that this tas( could not %e done % deaf mutes %ecause of their #hsical

limitations as it is ver ris( for them to travel at night! 6497 Ge find no %asis for this

argument! Travelling at night involves ris(s to handica##ed and a%le.%odied #ersons ali(e! This

excuse cannot Custif the termination of their em#loment!

Ot)* Gouns C4t* - R*s/on*nt

Res#ondent argues that #etitioners were merel accommodated em#loees! This fact does not

change the nature of their em#loment! "s earlier noted, an em#loee is regular %ecause of the

nature of wor( and the length of service, not %ecause of the mode or even the reason for hiring

them!

+&uall unavailing are #rivate res#ondents arguments that it did not go out of its wa to recruit

#etitioners, and that its #lantilla did not contain their #ositions! In *. -. atu v. +*R" ,64?7 the -ourt

held that the determination of whether em#loment is casual or regular does not de#end on the will

or word of the em#loer, and the #rocedure of hiring x x x %ut on the nature of the activities

#erformed % the em#loee, and to some extent, the length of #erformance and its continued

existence!

Private res#ondent argues that the #etitioners were informed from the start that the could not

%ecome regular em#loees! In fact, the %an( adds, the agreed with the sti#ulation in the contractregarding this #oint! Still, we are not #ersuaded! The well.settled rule is that the character of

em#loment is determined not % sti#ulations in the contract, %ut % the nature of the wor(

#erformed!6487 Otherwise, no em#loee can %ecome regular % the sim#le ex#edient of incor#orating

this condition in the contract of em#loment!

In this light, we iterate our ruling in Romares v. +*R" <64@7

"rticle 45> was em#laced in our statute %oo(s to #revent the circumvention of the em#loees right to

%e secure in his tenure % indiscriminatel and com#letel ruling out all written and oral agreements

inconsistent with the conce#t of regular em#loment defined therein! G here an em#loee has %een

engaged to #erform activities which are usuall necessar or desira%le in the usual %usiness of the

em#loer, such em#loee is deemed a regular em#loee and is entitled to securit of tenure

notwithstanding the contrar #rovisions of his contract of em#loment!

x x x x x x x x x

"t this Cuncture, the leading case of Brent School! Inc. v. ,amora #roves instructive! "s reaffirmed in

su%se&uent cases, this -ourt has u#held the legalit of fixed.term em#loment! It ruled that the





































decisive determinant in term em#loment should not %e the activities that the em#loee is called

u#on to #erform %ut the da certain agreed u#on the #arties for the commencement and termination

of their em#loment relationshi#! ut this -ourt went on to sa that where from the circumstances it

is a##arent that the #eriods have %een im#osed to #reclude ac&uisition of tenurial securit % the

em#loee, the should %e struc( down or disregarded as contrar to #u%lic #olic and morals!

In rendering this Decision, the -ourt em#hasi/es not onl the constitutional %ias in favor of the

wor(ing class, %ut also the concern of the State for t he #light of the disa%led! The no%le o%Cectives of

0agna -arta for Disa%led Persons are not %ased merel on charit or accommodation, %ut on Custice and the e&ual treatment of 'ualified #ersons, disa%led or not! In the #resent case, the

handica# of #etitioners )deaf.mutes* is not a hindrance to their wor(! The elo&uent #roof of this

statement is the re#eated renewal of their em#loment contracts! Gh then should the %e

dismissed, sim#l %ecause the are #hsicall im#aired The -ourt %elieves, that, after showing

their fitness for the wor( assigned to them, the should %e treated and granted the same rights li(e

an other regular em#loees!

In this light, we note the Office of the Solicitor enerals #raer Coining the #etitioners cause! 6457

7$ERE&ORE, #remises considered, the Petition is here% RA+-E! The $une 4>, 122? Decision

and the "ugust 9, 122? Resolution of the N3R- are RE#ERSE and SE- ASIE !Res#ondent Far

+ast an( and Trust -om#an is here% RERE to #a %ac( wages and se#aration #a to each

of the following twent.seven )4@* #etitioners, namel, 0arites ernardo, +lvira o Diamante,

Re%ecca +! David, David P! Pascual, Ra&uel +stiller, "l%ert Eallare, +dmund 0! -orte/, $oselito O!

"gdon, eorge P! 3igutan $r!, 3ili%eth M! 0armoleCo, $ose +! Sales, Isa%el 0amauag, Violeta !0ontes, "l%ino Tecson, 0elod V! ruela, ernadeth D! "gero, -nthia de Vera, 3ani R! -orte/, 0a!

Isa%el ! -once#cion, 0argaret -ecilia -ano/a, Thelma Se%astian, 0a! $eanette -ervantes,

$eannie Ramil, Ro/aida Pascual, Pin( aloloa, +li/a%eth Ventura and race S! Pardo! The N3R-

is here% directed to com#ute the exact amount due each of said em#loees, #ursuant to existing

laws and regulations, within fifteen das from the f inalit of this Decision! No costs!

'O ORDERED.

Romero! ("hairman)! #itu$! Purisima! and on/a$a0Rees! &&.! concur!





&IR'T DI(I'ION

[G.R. No. =8>00. D*+** 2, 19=0.]

MA;IMO CA#A#ANG, Petitioner , . A. D. 7I##IAM', ET A#., Respondents.

Ma?4o Caaang 4n )4s o@n *)a.

'o4+4to G*n*a Oa*ta an Ass4stant 'o4+4to G*n*a A/ao o *s/on*nts 744as,&agant* an 3a-an

C4t- &4s+a Maanag o t)* ot)* *s/on*nts.

'"##A3%'

1! -ONSTIT;TION"3 3"GA -ONSTIT;TION"3ITJ OF -O00ONG+"3TE "-T No! 895A

D+3+"TION OF 3+IS3"TIV+ POG+RA ";TEORITJ OF DIR+-TOR OF P;3I- GORS "ND

S+-R+T"RJ OF P;3I- GORS "ND -O00;NI-"TIONS TO PRO0;3"T+ R;3+S "ND

R+;3"TIONS! Q The #rovisions of section 1 of -ommonwealth "ct No! 895 do not confer

legislative #ower u#on the Director of Pu%lic Gor(s and the Secretar of Pu%lic Gor(s and

-ommunications! The authorit therein conferred u#on them and under which the #romulgated the

rules and regulations now com#lained of is not to determine what #u%lic #olic demands %ut merel

to carr out the legislative #olic laid down % the National "ssem%l in said "ct, to wit, Bto #romotesafe transit u#on, and avoid o%structions on, roads and streets designated as national roads % acts

of the National "ssem%l or % executive orders of the President of the Phili##inesB and to close

them tem#oraril to an or all classes of traffic Bwhenever the condition of the road or the traffic

thereon ma(es such action necessar or advisa%le in the #u%lic convenience and interest!B The

delegated #ower, if at all, therefore, is not t he determination of what the law shall %e, %ut merel the

ascertainment of the facts and circumstances u#on which the a##lication of said law is to %e

#redicated! To #romulgate rules and regulations on the use of national roads and to determine when

and how long a national road should %e closed to traffic, in view of the condition of the road or the

traffic thereon and the re&uirements of #u%lic convenience and interest, is an administrative function

which cannot %e directl discharged % the National "ssem%l! It must de#end on the discretion of

some other government official to whom is confided the dut of determining whether the #ro#er

occasion exists for executing the law! ut it cannot %e said that the exercise of such discretion is the

ma(ing of the law!

4! ID!A ID!A PO3I-+ POG+RA P+RSON"3 3I+RTJA OV+RN0+NT"3 ";TEORITJ! Q

-ommonwealth "ct No! ?95 was #assed % the National "ssem%l in the exercise of the #aramount

#olice #ower of the state! Said "ct, % virtue of which the rules and regulations com#lained of were

#romulgated, aims to #romote safe transit u#on and avoid o%structions on national roads, in the

interest and convenience of the #u%lic! In enacting said law, therefore, the National "ssem%l was

#rom#ted % considerations of #u%lic convenience and welfare! It was ins#ired % a desire to relieve

congestion of traffic, which is, to sa the least, a menace to #u%lic safet! Pu%lic welfare, then, lies at

the %ottom of the enactment of said law, and the state in order to #romote the general welfare ma

interfere with #ersonal li%ert, with #ro#ert, and with %usiness and occu#ations! Persons and

#ro#ert ma %e su%Cected to all (inds of restraints and %urdens, in order t o secure the general

comfort, health, and #ros#erit of the state );!S! v! omer $esus, :1 Phil!, 415*! To this fundamental

aim of our overnment the rights of the individual are su%ordinated! 3i%ert is a %lessing without

which life is a miser, %ut li%ert should not %e made to #revail over authorit %ecause then societwill fall into anarch! Neither should authorit %e made to #revail over li%ert %ecause then the

individual will fall into slaver! The citi/en should achieve the re&uired %alance of li%ert and

authorit in his mind through education and, #ersonal disci#line, so that there ma %e esta%lished

the resultant e&uili%rium, which means #eace and order and ha##iness for all! The moment greater

authorit is conferred u#on the government, logicall so much is withdrawn from the residuum of

li%ert which resides in the #eo#le! The #aradox lies in the fact that the a##arent curtailment of

li%ert is #recisel the ver means of insuring its #reservation!

:! ID!A ID!A SO-I"3 $;STI-+! Q Social Custice is Bneither communism, nor des#otism, nor atomism,

nor anarch,B %ut the humani/ation of laws and the e&uali/ation of social and economic forces % the

State so that Custice in its rational and o%Cectivel secular conce#tion ma at least %e a##roximated!

Social Custice means the #romotion of the welfare of all the #eo#le, the ado#tion % t he overnment

of measures calculated to insure economic sta%ilit of all the com#etent elements of societ, through

the maintenance of a #ro#er economic and social e&uili%rium in the interrelations of the mem%ers of

the communit, constitutionall, through the ado#tion of measures legall Custifia%le, or extra.constitutionall, through the exercise of #owers underling the existence of all governments on the

time.honored #rinci#le of salus #o#uli est su#rema lex! Social Custice, therefore, must %e founded on

the recognition of the necessit of interde#endence among divers and diverse units of a societ and

of the #rotection that should %e e&uall and evenl extended to all grou#s as a com%ined force in our

social and economic life, consistent with the fundamental and #aramount o%Cective of the state of

#romoting the health, comfort, and &uiet of all #ersons, and of %ringing a%out Bthe greatest good to

the greatest num%er!B

D E C I ' I O N

#A%RE#, J.

0aximo -alalang, in his ca#acit as a #rivate citi/en and as a tax#aer of 0anila, %rought %efore

this court this #etition for a writ of #rohi%ition against the res#ondents, "! D! Gilliams, as -hairman

of the National Traffic -ommissionA Vicente Fragante, as Director of Pu%lic Gor(sA Sergio aan, as "cting Secretar of Pu%lic Gor(s and -ommunicationsA +ulogio Rodrigue/, as 0aor of the -it of

0anilaA and $uan Domingue/, as "cting -hief of Police of 0anila!



It is alleged in the #etition that the National Traffic -ommission, in its resolution of $ul 1@, 129>,

resolved to recommend to the Director of Pu%lic Gor(s and to the Secretar of Pu%lic Gor(s and

-ommunications that animal.drawn vehicles %e #rohi%ited from #assing along Rosario Street

extending from Pla/a -alderon de la arca to Dasmarias Street, from @<:> a!m! to 14<:> #!m! and

from 1<:> #!m! to ?<:> #!m!A and along Ri/al "venue extending from the railroad crossing at "nti#olo

Street to +chague Street, from @ a!m! to 11 #!m!, from a #eriod of one ear from the date of the

o#ening of the -olgante ridge to trafficA that the -hairman of the National Traffic -ommission, on

$ul 15, 129> recommended to the Director of Pu%lic Gor(s the ado#tion of the measure #ro#osed

in the resolution aforementioned, in #ursuance of the #rovisions of -ommonwealth "ct No! ?95which authori/es said Director of Pu%lic Gor(s, with the a##roval of the Secretar of Pu%lic Gor(s

and -ommunications, to #romulgate rules and regulations to regulate and control the use of and

traffic on national roadsA that on "ugust 4, 129>, the Director of Pu%lic Gor(s, in his first indorsement

to the Secretar of Pu%lic Gor(s and -ommunications, recommended to the latter the a##roval of

the recommendation made % the -hairman of the National Traffic -ommission as aforesaid, with

the modification that the closing of Ri/al "venue to traffic to animal.drawn vehicles %e limited to the

#ortion thereof extending from the railroad crossing at "nti#olo Street to "/carraga StreetA that on

"ugust 1>, 129>, the Secretar of Pu%lic Gor(s and -ommunications, in his second indorsement

addressed to the Director of Pu%lic Gor(s, a##roved the recommendation of the latter that Rosario

Street and Ri/al "venue %e closed to traffic of animal.drawn vehicles, %etween the #oints and during

the hours as a%ove indicated, for a #eriod of one ear from the date of the o#ening of the -olgante

ridge to trafficA that the 0aor of 0anila and the "cting -hief of Police of 0anila have enforced and

caused to %e enforced the rules and regulations thus ado#tedA that as a conse&uence of such

enforcement, all animal.drawn vehicles are not allowed to #ass and #ic( u# #assengers in the

#laces a%ove.mentioned to the detriment not onl of their owners %ut of the riding #u%lic as well!

It is contended % the #etitioner that -ommonwealth "ct No! ?95 % which the Director of Pu%lic

Gor(s, with the a##roval of the Secretar of Pu%lic Gor(s and -ommunications, is authori/ed to

#romulgate rules and regulations for the regulation and control of the use of and traffic on national

roads and streets is unconstitutional %ecause it constitutes an undue delegation of legislative #ower!

This contention is untena%le! "s was o%served % this court in Ru%i v! Provincial oard of 0indoro

):2 Phil, 88>, @>>*, BThe rule has nowhere %een %etter stated than in the earl Ohio case decided %

$udge Ranne, and since followed in a multitude of cases, namel< The true distinction therefore is

%etween the delegation of #ower to ma(e the law, which necessaril involves a discretion as to what

it shall %e, and conferring an authorit or discretion as to its execution, to %e exercised under and in

#ursuance of the law! The first cannot %e doneA to the latter no valid o%Cection can %e made!

)-incinnati, G! ! R! -o! v! -ommrs! -linton -ount, 1 Ohio St!, 55!* Discretion, as held % -hief

$ustice 0arshall in Gaman v! Southard )1> Gheat!, 1* ma %e committed % the 3egislature to an

executive de#artment or official! The 3egislature ma ma(e decisions of executive de#artments or

su%ordinate officials thereof, to whom it has committed the execution of certain acts, final on

&uestions of fact! );!S! v! in(ead, 495 Fed!, 191!* The growing tendenc in the decisions is to give

#rominence to the necess it of the case!Bcralaw v ir tua1aw l i% rar

Section 1 of -ommonwealth "ct No! ?95 reads as follows<Cgc<chanro%les!com!#h

BS+-TION 1! To #romote safe transit u#on, and avoid o%structions on, roads and streets designated

as national roads % acts of the National "ssem%l or % executive orders of the President of the

Phili##ines, the Director of Pu%lic Gor(s, with the a##roval of the Secretar of Pu%lic Gor(s and

-ommunications, shall #romulgate the necessar rules and regulations to regulate and control the

use of and traffic on such roads and streets! Such rules and regulations, with the a##roval of the

President, ma contain #rovisions controlling or regulating the construction of %uildings or other structures within a reasona%le distance from along the national roads! Such roads ma %e

tem#oraril closed to an or all classes of traffic % the Director of Pu%lic Gor(s and his dul

authori/ed re#resentatives whenever the condition of the road or the traffic thereon ma(es such

action necessar or advisa%le in the #u%lic convenience and interest, or for a s#ecified #eriod, with

the a##roval of the Secretar of Pu%lic Gor(s and -ommunications!Bcralaw virtua1aw li%rar

The a%ove #rovisions of law do not confer legislative #ower u#on the Director of Pu%lic Gor(s and

the Secretar of Pu%lic Gor(s and -ommunications! The authorit therein conferred u#on them and

under which the #romulgated the rules and regulations now com#lained of is not to determine what

#u%lic #olic demands %ut merel to carr out the legislative #olic laid down % the National

"ssem%l in said "ct, to wit, Bto #romote safe transit u#on and avoid o%structions on, roads and

streets designated as national roads % acts of the National "ssem%l or % executive orders of the

President of the Phili##inesB and to close them tem#oraril to an or all classes of traffic Bwhenever

the condition of the road or the traffic ma(es such action necessar or advisa%le in the #u%lic

convenience and interest!B The delegated #ower, if at all, therefore, is not the determination of whatthe law shall %e, %ut merel the ascertainment of the facts and circumstances u#on which the

a##lication of said law is to %e #redicated! To #romulgate rules and regulations on the use of

national roads and to determine when and how long a national road should %e closed to traffic, in

view of the condition of the road or the traffic thereon and the re&uirements of #u%lic convenience

and interest, is an administrative function which cannot %e directl discharged % the National

"ssem%l! It must de#end on t he discretion of some other government official to whom is confided

the dut of determining whether the #ro#er occasion exists for executing the law! ut it cannot %e

said that the exercise of such discretion is the ma(ing of the law! "s was said in 3oc(es "##eal )@4

Pa! 921*< BTo assert that a law is less than a law, %ecause it is made to de#end on a future event or

act, is to ro% the 3egislature of the #ower to act wisel for the #u%lic welfare whenever a law is

#assed relating to a state of affairs not et develo#ed, or to things future and im#ossi%le to full

(now!B The #ro#er distinction the court said was this< BThe 3egislature cannot delegate its #ower to

ma(e the lawA %ut it can ma(e a law to delegate a #ower to determine some fact or state of things

u#on which the law ma(es, or intends to ma(e, its own action de#end! To den this would %e to sto#

the wheels of government! There are man things u#on which wise and useful legislation must

de#end which cannot %e (nown to the law.ma(ing #ower, and, must, therefore, %e a su%Cect of

in&uir and determination outside of the halls of legislation!B )Field v! -lar(, 19: ;! S! 892, 829A :8 3!



+d! 429!*

In the case of Peo#le v! Rosenthal and Osmea, !R! Nos! 98>@8 and 98>@@, #romulgated $une 14,

12:2, and in Pangasinan Trans#ortation v! The Pu%lic Service -ommission, !R! No! 9@>8?,

#romulgated $une 48, 129>, this -ourt had occasion to o%serve that the #rinci#le of se#aration of

#owers has %een made to ada#t itself to the com#lexities of modern governments, giving rise to the

ado#tion, within certain limits, of the #rinci#le of Bsu%ordinate legislation,B not onl in the ;nited

States and +ngland %ut in #racticall all modern governments! "ccordingl, with the growing

com#lexit of modern life, the multi#lication of the su%Cects of governmental regulations, and theincreased difficult of administering the laws, the rigidit of the theor of se#aration of governmental

#owers has, to a large extent, %een relaxed % #ermitting the delegation of greater #owers % the

legislative and vesting a larger amount of discretion in administrative and executive officials, not onl

in the execution of the laws, %ut also in the #romulgation of certain rules and regulations calculated

to #romote #u%lic interest!

The #etitioner further contends that the rules and regulations #romulgated % the res#ondents

#ursuant to the #rovisions of -ommonwealth "ct No! ?95 constitute an unlawful interference with

legitimate %usiness or trade and a%ridge the right to #ersonal li%ert and freedom of locomotion!

-ommonwealth "ct No! ?95 was #assed % the National "ssem%l in the exercise of the #aramount

#olice #ower of the state!

Said "ct, % virtue of which the rules and regulations com#lained of were #romulgated, aims to

#romote safe transit u#on and avoid o%structions on national roads, in the interest and convenience

of the #u%lic! In enacting said law, therefore, the National "ssem%l was #rom#ted % considerationsof #u%lic convenience and welfare! It was ins#ired % a desire to relieve congestion of traffic! which

is, to sa the least, a menace to #u%lic safet! Pu%lic welfare, then, lies at the %ottom of the

enactment of said law, and the state in order to #romote the general welfare ma interfere with

#ersonal li%ert, with #ro#ert, and with %usiness and occu#ations! Persons and #ro#ert ma %e

su%Cected to all (inds of restraints and %urdens, in order to secure the general comfort, health, and

#ros#erit of the state );!S! v! ome/ $esus, :1 Phil!, 415*! To this fundamental aim of our

overnment the rights of the individual are su%ordinated! 3i%ert is a %lessing without which life is a

miser, %ut li%ert should not %e made to #revail over authorit %ecause then societ will fall into

anarch! Neither should authorit %e made to #revail over li%ert %ecause then the individual will fall

into slaver! The citi/en should achieve the re&uired %alance of li%ert and authorit in his mind

through education and #ersonal disci#line, so that there ma %e esta%lished the resultant

e&uili%rium, which means #eace and order and ha##iness for all! The moment greater authorit is

conferred u#on the government, logicall so much is withdrawn from the residuum of li%ert which

resides in the #eo#le! The #aradox lies in the fact that the a##arent curtailment of li%ert is #recisel

the ver means of insuring its #reservation!

The sco#e of #olice #ower (ee#s ex#anding as civili/ation advances! "s was said in the case of

Do%%ins v! 3os "ngeles )12? ;!S! 44:, 4:5A 92 3! ed! 182*, Bthe right to exercise the #olice #ower is

a continuing one, and a %usiness lawful toda ma in the future, %ecause of the changed situation,

the growth of #o#ulation or other causes, %ecome a menace to the #u%lic health and welfare, and %e

re&uired to ield to the #u%lic good!B "nd in Peo#le v! Pomar )98 Phil!, 99>*, it was o%served that

Badvancing civili/ation is %ringing within the #olice #ower of the state toda things which were not

thought of as %eing within such #ower esterda! The develo#ment of civili/ation, the ra#idl

increasing #o#ulation, the growth of #u%lic o#inion, with an increasing desire on the #art of the

masses and of the government to loo( after and care for the interests of the individuals of the state,

have %rought within the #olice #ower man &uestions for regulation which formerl were not soconsidered!Bcralaw virtua1aw li%rar

The #etitioner finall avers that the rules and regulations com#lained of infringe u#on the

constitutional #rece#t regarding the #romotion of social Custice to insure the well.%eing and economic

securit of all the #eo#le! The #romotion of social Custice, however, is to %e achieved not through a

mista(en sm#ath towards an given grou#! Social Custice is Bneither communism, nor des#otism,

nor atomism, nor anarch,B %ut the humani/ation of laws and the e&uali/ation of social and

economic forces % the State so that Custice in its rational and o%Cectivel secular conce#tion ma at

least %e a##roximated! Social Custice means the #romotion of the welfare of all the #eo#le, the

ado#tion % the overnment of measures calculated to insure economic sta%ilit of all the com#etent

elements of societ, through the maintenance of a #ro#er economic and social e&uili%rium in the

interrelations of the mem%ers of the communit, constitutionall, through the ado#tion of measures

legall Custifia%le, or extra.constitutionall, through the exercise of #owers underling the existence of

all governments on the time.honored #rinci#le of salus #o#uli est su#rema lex!

Social Custice, therefore, must %e founded on the recognition of the necessit of interde#endence

among divers and diverse units of a societ and of the #rotection that should %e e&uall and evenl

extended to all grou#s as a com%ined force in our social and economic life, consistent with the

fundamental and #aramount o%Cective of the state of #romoting the health, comfort, and &uiet of all

#ersons, and of %ringing a%out Bthe greatest good to the greatest num%er!Bcralaw virtua1aw li%rar

In view of the foregoing, the writ of #rohi%ition #raed for is here% denied, with costs against the

#etitioner! So ordered!

"vancea, ".&., Im#erial, Dia/! and Eorrilleno! $$! concur!



Re#u%lic of the Phili##ines

'%PREME CO%RT0anila

+N "N-

G.R. No. 112>== Jun* 2, 1995

P$I#IPPINE MERC$ANT MARINE 'C$OO#, INC., */*s*nt* - J%AN O. NO#A'COIII, #etitioner,

vs!

CO%RT O& APPEA#', T$E O&&ICE O& T$E E;EC%TI(E 'ECRETAR", EDE#MIRO AMANTE,RENATO CORONA, an t)* DEPARTMENT O& ED%CATION, C%#T%RE AND

'PORT', res#ondents!

3E##O'I##O, JR., J.:

PEI3IPPIN+ 0+R-E"NT 0"RIN+ S-EOO3, IN-! )P00SI*, was esta%lished in 0anila in 12?> to

train and #roduce com#etent marine officers! It offers a two.ear course in 0arine +ngineering

)"!0!+!* and a four.ear course in 0arine Trans#ortation )!S!0!T!*! In 12@5 it esta%lished a %ranch

in Talon, 3as Pias, 0etro 0anila! ut we are here concerned onl with the main school in 0anila!

For several times #rior to 125? res#ondent De#artment of +ducation, -ulture and S#orts )D+-S*

disa##roved #etitioner's re&uests for renewal #ermitLrecognition! Eowever, on 11 0arch 1258 the

D+-S issued #etitioner a renewal #ermit for SJ 125?.1258! 3ater, #etitioner a##lied for a summer

#ermit for 1258 which the D+-S favora%l indorsed to the 0inister of +ducation in consideration of

the graduating students for summer! Thereafter the a##lication was returned to Director 0odesta

o&uiren of the D+-S for evaluation and decision #ursuant to the authorit delegated to the Regions

under De#artment Order No! 44, series of 12@?! Director o&uiren issued #etitioner the summer

#ermit for 1258 %ased on the #reviousl stated humanitarian reason %ut su%Cect to the condition that

#etitioner should not enroll students for the first semester of SJ 1258.125@ until a #ermit therefor

was granted and that the enrollment list f or the summer term %e su%mitted immediatel!

Sometime in 1258 the D+-S received a com#laint from Felix%erto ! alve/, #resident of

#etitioner's Facult "ssociation, N"F3;.0;, concerning the issuance of summer #ermit to

#etitioner and of its holding of classes for courses not recogni/ed % the overnment! alve/

re&uested that the matter %e loo(ed into as well as the #ossi%le revocation of #etitioner's authorit

due to #ersistent violation of the orders of the D+-S!

In res#onse, the D+-S through Director o&uiren recommended that #etitioner's summer #ermit %e

revo(ed and that the school %e closed effective SJ 1258.125@ on the ground that< )a* #etitioner did

not have a renewal #ermitLrecognition for SJ 1258.125@A )%* several communications were sent to

#etitioner's head telling him not to o#erate without #ermit and to ex#lain within sevent.two )@4*

hours from recei#t of Director o&uiren's letter dated 2 $ul 1258 wh no drastic action should %e

ta(en against it %ut said communication was never answeredA and, )c* #etitioner did not correct the

deficiencies indicated in the renewal #ermit for 125?.1258!

"ccordingl, in a :rd Indorsement dated 4: Se#tem%er 1258 the D+-S through then 0inister 3ourdes R! Muisum%ing a##roved the following courses of action for #etitioner< )a* the students in

the two courses who were graduating for SJ 1258.125@ would %e allowed to graduate even without

#ermit for said courses as a s#ecial case #rovided that the com#leted the re&uirements for

graduation and su%Cect to #rior issuance of S#ecial OrderA and, )%* the remaining students should %e

allowed to transfer to other authori/ed schools!

In a letter dated :> Se#tem%er 1258 Director o&uiren, informed #etitioner of the aforementioned

courses of action and directed immediate im#lementation thereof!

On 2 "#ril 125@ the D+-S Inter."genc Technical -ommittee )I"T-O0* recommended renewal of

#ermits for the maritime courses offered % #etitioner #rovided that a develo#ment #lan for the

im#rovement of its %uildings classrooms, la%orator rooms, li%rar offices and other rooms %e

formulated and im#lemented %efore the start of school ear [email protected]!

Des#ite lac( of #ermit, #etitioner continued to enroll students and offer courses in 0arine+ngineering and 0arine Trans#ortation for SJ [email protected]! This #rom#ted the D+-S through

Director Eernando Di/on to write #etitioner on 9 "ugust 1255 directing it not to o#erate without

#ermit and inviting its attention to the #rovisions of the Private School 3aw 1 as reiterated in the

+ducation "ct of 1254 2 which #rohi%its o#eration of unauthori/ed schoolsLcourses!

On 45 Octo%er 1255 #etitioner sent a letter to Director Di/on a##ling for #ermitLrecognition to

conduct classes for the two )4* maritime courses retroactive from summer of 125@ u# to SJ 1255.

1252 and informing him of its transfer to the ?th Floor of the Re#u%lic Su#ermar(et uilding, corner

Ri/al "venue and Soler St!, Sta! -ru/, 0anila!

On the %asis of the favora%le re#ort of a su#ervisor of the ureau of Eigher +ducation who visited

the #remises of #etitioner on 19 Novem%er 1255, a director of said ureau recommended renewal of

#etitioner's #ermit! Eowever, in a D+-S.P"0I surve conducted % the D+-S technical staff in

1255, #etitioner scored onl :4 #oints out of a #ossi%le 1,>48 #oints for re&uirements in Nautical

+ngineering, and onl 4>@ #oints out of 2>? #oints in 0arine +ngineering, wa %elow the D+-Sre&uirements!



Su%se&uent ins#ection of #etitioner's #remises % the ureau of Eigher +ducation.D+-S Technical

Panel for 0aritime +ducation )TP0+* affirmed the findings of the D+-S.P"0I surve! It found

#etitioner deficient in terms of the minimum re&uirements as #rovided in D+-S Order No! III, series

of 125@, which refers to the #olicies and standards for 0aritime +ducation Plan! In a memorandum

dated 12 $anuar 1252 addressed to D+-S Director Nilo Rosas, it set forth the following

recommendations<

1! The P00S administration ma %e given a last chance to #ut u# at least 8>H of the minimum

standard e&ui#ment for a #eriod of a%out two months )$anuar.0arch 1252*!

4! The D+-S with TP0+ will conduct a re.ins#ection sometime the first wee( of "#ril to monitor the

#rogress of the re&uirements!

:! No new and old students will %e allowed to enroll during summer of 1252 and the su%se&uent

semesters #ending issuance of a #ermit!

9! Therefore, issuance of a school #ermit for [email protected] to 1255.52 shall %e held in a%eance

#ending com#liance of at least 8>H of the re&uirements!

?! D+-S higher authorities shall decide whether the graduating students for the second semester

1255.52 will %e allowed to graduate and a retroactive school #ermit for the school ears [email protected],

1255.52 can %e granted! B

"s recommended, the TP0+ Secretariat conducted a reins#ection of #etitioner's #remises, then

su%mitted a re#ort dated 15 "#ril 1252 with the following new recommendations Q

1! radual #hasing out of the S0T Nautical Studies and "ssociate in 0arine +ngineering

#rograms! ;nder this scheme, no new enrollees should %e acce#ted anmore for the 1st ear S0T

Nautical Studies and "0+ starting 1st semester of school ear 1252.2>!

4! If the school can come u# with the D+-S minimum standard within the #hasing out #eriod,

sus#ension order ma %e lifted!

:! If the school fails to meet the D+-S minimum standard at the end of the #hasing out #eriod,

closure order will %e issued!

9! No s#ecial #ermit for the S0T Nautical Studies and "0+ courses should %e granted as a s#ecial

case! Eowever, during the #hasing out #eriod students ma %e allowed to graduate under P00S,

Talon, 3as Pias,

%ased on these considerations Q

1! P00S, 0anila, has inade&uate training facilities and e&ui#ment for S0T Nautical Studies and

"0+ #rograms!

4! The school has not ac&uired its own school site and %uilding! The #resent school cam#us is not

conducive for training and is found to %e ver limited in s#ace so that there is difficult for school

develo#ment and ex#ansion!

:! On 4: Se#tem%er 1258, the Secretar of +ducation, -ulture and S#orts alread issued a cease to

o#erate order to the school head of P00S! The said indorsement letter also #rovided humanitarian

decision )reason* which granted #ermit to P00S as a s#ecial case, Cust to allow S0T and "0+

students to graduate and the remaining students were advised to transfer to authori/edLrecogni/ed

schools!

9! 3a%or dis#ute occurred in 125@! The conflict %etween the em#loees and em#loer is a

manifestation of mismanagement of school! =

In a letter dated 4@ "#ril 1252 Director Rosas informed #etitioner of the TP0+ re#ort and

recommendations and invited it for a conference on 4 0a 1252 %efore an maCor decision and

action would %e made!

On 4 0a 1252, the TP0+ Secretariat su%mitted another memorandum on its reins#ection of

#etitioner's #remises made on 45 "#ril 1252! ased on its findings that no su%stantial im#rovement

in terms of minimum re&uirements, e&ui#ment and training facilities since the $anuar 1252

ins#ection was made, it reiterated the recommendations it su%mitted to the D+-S ureau of Eigher

+ducation! For this reason, in the letter dated 4? 0a 1252 Director Rosas notified #etitioner a%out

the aforementioned re#ort and the D+-S' decision that<

1! The S0T Nautical Studies and "ssociate in 0arine +ngineering courses %e graduall #hased

out! Such %eing the case, the school shall no longer %e allowed to acce#t 1st ear students and new

enrollees starting 1st semester of school ear 1252.2>!

4! The second ear and third ear students ma %e allowed to remain until the graduate! Eowever,

the school ma o#t to transfer these students to P00S, Talon, 3as Pias,

due to the following considerations<

1! The school's training e&ui#ment and instructional facilities are ver far %elow the standards set %

D+-S!

4! The school site and %uilding are not owned % the school %ut onl leased with contract of renewalto %e made annuall!



:! The #resent location of the school does not warrant for ex#ansion, develo#ment and

im#rovement!

9! The #resent location of the school is not conducive for learning, it %eing located on the ?th floor of

a su#ermar(et in the downtown section of the cit!

?! " cease to o#erate order was issued % Secretar 3ourdes R! Muisum%ing sometime in 1258,

which order was violated % the

school! 5

In a letter dated 11 $ul 1252 the D+-S through Secretar Muisum%ing informed #etitioner that it

had received re#orts that #etitioner enrolled freshmen for its maritime #rograms which were ordered

#hased out effective SJ 1252.122> #er letter of Director Rosas dated 4? 0a 1252A called

#etitioner's attention to the #rovision of Sec! 1, Rule 1, Part V, of the Im#lementing Rules of the

+ducation "ct of 1254 which ma(es it #unisha%le and su%Cect to #enalties the o#eration of a school

through the conduct or offering of +ducational Programs or -ourses of StudiesLTraining, without

#rior government authori/ation andLor in violation of an of the t erms and conditions of said #ermit or

recognitionA directed that in accordance with the #hase.out order, #etitioner's 0anila cam#us is

allowed to o#erate onl the 4nd, :rd and 9th ears of the authori/ed maritime #rograms which shall

%e graduall #hased outA and, re&uired #etitioner to comment on the re#orted unauthori/ed

enrollment!

In its letter to the D+-S dated 48 $ul 1252, #etitioner moved for reconsideration stating that the

finding that it had not com#lied with the minimum re&uirements was due to the following< that as

earl as 41 $une 1252 it filed a letter re&uesting reconsideration of the letter dated 4? 0a 1252 of

Director RosasA that since there was no re#l it %elieved that the 4? 0a 1252 order was

reconsidered sub0silencio and that #etitioner was allowed to enroll 1st ear students for SJ 1252.

122>A and, that it had underta(en im#rovements in all of its facilities in com#liance with D+-S

re&uirements! In this regard, it re&uested another ins#ection of its #remises!

Pursuant to #etitioner's re&uest, another ins#ection of the 0anila #remises was conducted % the

TP0+.Secretariat on 5 "ugust 1252! Eowever, #etitioner onl o%tained a general rating of :1!1@H

for Nautical Studies and 45!?:H for 0arine +ngineering! -onse&uentl, the ins#ection team

reiterated its #revious recommendation to graduall #hase out the maritime #rograms of #etitioner's

0anila cam#us effective SJ 122>.1221 and that no new freshman students %e acce#ted %eginning

SJ 122>.1221!

"ccordingl, in a letter dated 4? Se#tem%er 1252 the D+-S through Secretar Muisum%ing ordered

#etitioner to discontinue its 0aritime #rogram in the 0anila cam#us effective school ear 122>.1221and suggested that efforts %e made towards the develo#ment of P00S, 3as Pias, which has a

great #otential of %eing a good 0aritime School! 6 The #hase.out order was reiterated in su%se&uent

letters dated 12 Fe%ruar 122> and 2 0a 122> of Director Rosas and then D+-S Secretar Isidro

D! -ario, res#ectivel!

Su%se&uentl, #etitioner moved to reconsider the #hase.out order in its letter of 41 0a 122>, which

re&uest was denied % the D+-S through ;ndersecretar enCamin Taa%as in his letter of 1 $une

122>! The letter reads Q

Gith reference to our re&uest to rescind an order to #hase.out the maritime courses at P00S,

0anila, #lease %e informed that this De#artment sees no reason for such action as the conditions

o%taining in the school when the #hase.out order was issued haven't shown an significant

im#rovement ins#ite of the fact that the P00S had %een given reasona%le #eriod to com#l with the

minimum standard re&uirements #rescri%ed % the De#artment of +ducation, -ulture and S#orts!

0aritime +ducation courses are highl s#eciali/ed and re&uire ade&uate training facilities and

e&ui#ment in order to ensure &ualit! Eowever, the series of visits made % the staff of the E+,

N-R, and mem%ers of the Technical Panel on 0aritime +ducation revealed the following findings<

)a* On "#ril 2, 125@ the Inter."genc Technical -ommittee )I"T-O0* recommended the renewal of

#ermits of the maritime courses, #rovided, that a develo#ment #lan for the im#rovement of the

%uildings, classrooms, la%orator rooms, li%rar offices and other rooms shall %e formulated and

im#lemented %efore the start of SJ [email protected]!

)%* In 1255, the D+-S.P"0I surve conducted % technical #ersons, revealed that P00S, then

located at the ?th floor of the Re#u%lic Su#ermar(et, o%tained a general score of :4 out of 1,>48

#oints for re&uirements in the Nautical course and 4>@ out of 2>? #oints for the 0arina +ngineering

course! It is needless to sa that these findings are wa %elow the D+-S re&uirements! "%ove all,

the school site was descri%ed as not conducive for offering maritime #rogram due to its limited area!

Furthermore, the lease on the #remises is not a long term lease )4 ears*, a condition which would

deter the school from full develo#ing the school site!

)c* In $anuar of 1252, the findings of the Secretariat for the Technical Panel for 0aritime +ducation

)TP0+* re.affirmed the findings of the D+-S.P"0I Surve! Ver few e&ui#ment were found for the

0aritime courses! Jou concurred with these findings in a dialogue with the Director of the ureau of

Eigher +ducation Secretariat! Jou a##ealed for another chance and re&uested for re.ins#ection

%efore the o#ening of SJ 1252.122>!

)d* "s #er agreement, on "#ril 45, 1252 another re.ins#ection was made and it showed that the

school did not show an su%stantial im#rovement!

Then on 0a 4?, 1252, Secretar 3ourdes Muisum%ing issued the #hase.out order of our maritime

#rograms in 0anila cam#us!



Eowever, the De#artment again allowed P00S, 0anila, to o#erate the maritime courses for SJ

1252.122> des#ite the a%ove #hase.out order!

)e* "nother evaluation of our school was conducted % technical #eo#le on "ugust 5, 1252, as

re&uested! The findings revealed that our school o%tained a general rating of :1!1@H for Nautical

Studies and 45!?:H for 0arine +ngineering!

The P00S has %een #rovided with the Policies and Standards for 0aritime +ducation and, as

revealed % the foregoing facts, the series of ins#ection and evaluation were ) sic * done % technical

#ersons who have ex#ertise in the field of maritime education! Therefore, the re&uests relative to

these are not valid!

It is therefore with regrets that this De#artment cannot rescind its order to #hase.out the 0aritime

courses at P00S, 0anila and the school is admonished not to acce#t incoming first ear students

starting school ear 122>.1221! So that % school ear 1224.122:, the maritime courses at the

0anila cam#us would %e full #hased.out! ! ! ! 8

It is suggested that P00S concentrate its develo#ment #lans in the 3as Pias -am#us which has a

great #otential of %eing a good maritime school!

Not satisfied therewith, #etitioner a##ealed the matter to res#ondent Office of the President!

During the #endenc of the a##eal the D+-S thru Secretar -ario issued a -losure Order dated

4@ "ugust 1221 Q

In view of the re#ort which was confirmed % the evaluation team from the National -a#ital Region

D+-S Regional Office, that Phili##ine 0erchant 0arine School )P00S*, 0anila, has %een

acce#ting freshman students of the maritime #rograms des#ite the #hase.out order which was

issued last Se#tem%er 45, )sic * 1252 % former Secretar 3ourdes R! Muisum%ing and further

reiterated % the undersigned, dated 0a 2, 122>, the epartment! hereb orders "losure of our

maritime pro$rams of our school effective second semester school ear 122101223 , otherwise this

De#artment shall %e constrained to institute the a##ro#riate administrative, civil and criminal

#roceedings against ou and the other res#onsi%le officers of our school #ursuant to Section 85,

atas Pam%ansa lg! 4:4! ! ! !

The transfer of the affected students shall %e facilitated % the National -a#ital Region in

accordance with our 0emorandum dated "ugust 18, 1221, xerox co# of which is hereto attached

for our information!

For our guidance and strict com#liance! >

In a 3etter dated 49 "ugust 1224 #etitioner sought reconsideration of the 4@ "ugust 1221 -losure

Order and at the same time re&uested that s#ecial orders %e issued to its graduates for SJ 1221.

1224! In letters filed with the Office of the President dated 4 and : Octo%er 1224 #etitioner alleged

com#liance with D+-S re&uirements! The letters were referred to the D+-S for consideration!

On 1> Novem%er 1224 the Office of the President through res#ondent +xecutive Secretar +delmiro

"mante rendered a Resolution dismissing #etitioner's a##eal! 9 It found no #lausi%le reason to

distur% the action of the D+-S Secretar in the light of the cons#icuous fact that #etitioner had

re#eatedl failed to com#l with the #hase.out order since 1258! 0oreover, the grounds advanced

% #etitioner have alread %een #assed u#on % the D+-S!

Petitioner moved for reconsideration #raing that the case %e remanded to the D+-S for another

ocular ins#ection and evaluation of its alleged im#roved facilities! Petitioner anchored its motion on

the #ro#osition that since it had made su%stantial im#rovements on school e&ui#ment and facilities

there existed no valid ground to den them a #ermit to offer maritime courses! "fter another

circums#ect review of the case, the Office of the President found no cogent reason to set aside its

#revious resolution! It o#ined that Q

0ere alleged efforts to im#rove the facilities and e&ui#ments ) sic * which were long due since 1258,

do not warrant the reversal of our #revious resolution! It %ears stressing as the records ma show,

that the #hase.out order of D+-S was %ased not onl on P00SI's failure to #rovide ade&uate

e&ui#ment and facilities %ut also on P00SI's failure to com#l with the standard re&uirements

#rescri%ed for a school site!

xxx xxx xxx

"#art from these, P00SI's adamant refusal to com#l with the orders of the D+-S to #hase out its

unauthori/ed courses is sufficient ground to u#hold the order a##ealed from! Since 1258, P00SI

has %een a##ling for a #ermit to offer maritime courses %ut has %een invaria%l denied for failure to

com#l with the minimum re&uirements #rescri%ed % D+-S! Notwithstanding these denials, P00SI

continues to offer maritime courses and to admit freshmen students in clear violation of Section 1,

Rule 1, of the +ducation "ct of 1254 ! ! ! !

xxx xxx xxx

P00SI's refusal to com#l with the #hase.out order on the ground that the same is not et final and

executor is untena%le! Ghile said #hase.out ma not %e final and executor, there was no reason

for P00SI to offer maritime courses without the re&uisite #rior authorit of the D+-S! P00SI

#ossessed no valid #ermit #rior to the issuance of the #hase.out! There was no authorit to s#ea(

of!10



Thus the motion was denied in the Resolution dated 14 $anuar 122: through res#ondent "ssistant

+xecutive Secretar Renato -orona! 11

Petitioner assailed %oth resolutions of the Office of the President %efore res#ondent -ourt of

"##eals % wa of certiorari ! It alleged that the resolutions failed to meet the constitutional

re&uirement of due #rocess %ecause the %asis for affirming the D+-S #hase.out and closure orders

was not sufficientl disclosed! Furthermore, its letters dated 4 and : Octo%er 1224 which #resented

incontroverti%le #roof that it had introduced su%stantial im#rovements on its facilities for the #ast two

and a half ears while its a##eal was #ending were not ta(en into account, there% gravel a%using

its discretion!

Res#ondent -ourt of "##eals %rushed aside the allegations of #etitioner since Q

6T7he Office of the President, in the resolution dated Novem%er 1>, 1224, a##ears to have restated

the re#ort of the res#ondent D+-S, meaning, that it ado#ted as its own the D+-S' re#ort, %ut that is

not a violation of the -onstitution and the Rules of -ourt, in line with Alba Patio e Ma4ati vs. Alba

Patio e Ma4ati Emploees Association, 145 S-R" 4?:, 489. 48? ! ! ! Petitioner's latest attem#t at

im#roving its facilities does not warrant a reversal of the #hase.out order! For, in s#ite of the claim

that it s#ent on im#rovements, the %asic #ro%lem remained as it still occu#ies the fifth floor of the

Gilliam 3iao %uilding, which is not conducive to learning and has a limited area for ex#ansion and

develo#ment! 12

On 44 $ul 122: the #etition was dismissed! 1B On 48 Novem%er 122: the motion for reconsideration

was denied! 1=

Petitioner im#utes error on res#ondent court< )1* in not setting aside the &uestioned resolutions and

orders of #u%lic res#ondents which were rendered without due #rocess of law since )a* #etitioner

was not afforded the right to full #resent its case and su%mit evidence in su##ort thereofA )%* #u%lic

res#ondents did not consider the evidence #resented % #etit ionerA )c* #u%lic res#ondents' decisions

have no su%stantial evidence to su##ort themA )d* #u%lic res#ondents' decisions did not disclose the

%ases thereforA and, )4* in im#lementing the closure orders which had not %ecome final and

executor!

Petitioner asseverates that the D+-S denied its right to a hearing on the su##osed deficiencies

which allegedl Custified denial of its re&uest for issuance of a renewal #ermit! 3i(ewise, the D+-S

denied #etitioner the o##ortunit to correct such deficiencies! The Office of the President totall

ignored su#ervening events #ro#erl %rought to its attention in the letters of #etitioner dated 4 and :

Octo%er 1224! It issued resolutions strictl on the %asis of the D+-S' re#resentations which do not

amount to su%stantial evidence! The 1> Novem%er 1224 Resolution failed to sufficientl disclose the

%asis for affirmation of the D+-S' #hase.out and closure orders! The 14 $anuar 122: Resolution

still refused to ta(e into consideration #etitioner's com#liance with the D+-S' re&uirements!

Petitioner did not violate the +ducation "ct of 1224 %ecause it was authori/ed to o#erate % virtue of

the #rovisional authorities issued % the D+-S! The D+-S orders were not final and executor

%ecause #etitioner challenged them and a##ro#riatel availed itself of the remedies availa%le to it

under the law!

efore #roceeding to resolve the merits of this case, we shall state %riefl the conce#t regarding

esta%lishment of schools! The educational o#eration of schools is su%Cect to #rior authori/ation of the

government and is effected % recognition! In the case of government.o#erated schools, whether

local, regional or national, recognition of educational #rograms andLor o#erations is deemed granted

simultaneousl with esta%lishment! In all other cases the rules and regulations governing recognition

are #rescri%ed and enforced % the D+-S, defining therein who are &ualified to a##l, #roviding for a

#ermit sstem, stating the conditions for the grant of recognition and for its cancellation and

withdrawal, and #roviding for related matters! 15 The re&uirement on #rior government authori/ation

is #ursuant to the State #olic that educational #rograms andLor o#erations shall %e of good &ualit

and therefore shall at least satisf minimum standards with res#ect to curricula, teaching staff,

#hsical #lant and facilities and of administrative or management via%ilit! 16

Set against the records of the case, the assertion of #etitioner that it was de#rived of its right to a

hearing and an o##ortunit whatsoever to correct the alleged deficiencies readil colla#ses! The

earlier narration of facts clearl demonstrates that %efore the D+-S issued the #hase.out and

closure orders, #etitioner was dul notified, warned and given several o##ortunities to correct its

deficiencies and to com#l with #ertinent orders and regulations!

Petitioner has gone all the wa u# to the Office of the President to see( a reversal of the #hase.out

and closure orders! There is thus no reason to com#lain of lac( of o##ortunit to ex#lain its side as

well as to com#l with the alleged deficiencies! 18 Ge agree with the o%servation of the Office of the

Solicitor eneral that Q

"s long as the #arties were given o##ortunit to %e heard %efore Cudgment was rendered, the

demands of due #rocess were sufficientl met )3indo v! -O0+3+-, 129 S-R" 4?*! It should also %e

noted that #etitioner herein re#eatedl sought reconsideration of the various orders of res#ondent

D+-S and its motions were dul considered % res#ondent D+-S to the extent of allowing and

granting its re&uest for re.ins#ection of its #remises! In connection therewith, it has %een ruled that

the o##ortunit to %e heard is t he essence of #rocedural due #rocess and that an defect is cured %

the filing of a motion for reconsideration )0edenilla v! -ivil Service -ommission, 129 S-R" 4@5*! 1>

Furthermore, the Office of the President #ro#erl ignored )in the sense that it did not find worth of

consideration* the alleged su#ervening events, i.e., su%stantial im#rovements on school e&ui#ment

and facilities during the #endenc of the case %efore said Office %ecause the im#rovements should

have %een underta(en starting 1258! 0oreover, the #hase.out and closure orders were %ased notonl on #etitioner's deficiencies as a maritime institute %ut also on its continued o#eration without the

re&uisite authori/ation from the D+-S and acce#tance of freshman students in %latant violation of

the latter's orders andLor #ersistent warnings not to do so! Veril, there are sufficient grounds to



u#hold the #hase.out and closure orders of the D+-S which were issued conforma%l with Sec! 45

of the +ducation "ct of 1254 which #rovides<

Sec! 45! ! ! ! ! Punishable #iolation! Q ! ! ! O#eration of schools and educational #rograms without

authori/ation, andLor o#eration thereof in violation of the terms of recognition, are here% declared

#unisha%le violations su%Cect to the #enalties #rovided in this "ct!

Secs! 85 and 82 of the same "ct #rovide the #enalties<

Sec! 85! Penalt "lause! Q "n #erson u#on conviction for an act in violation of Section 45, -ha#ter :, Title III, shall %e #unished with a fine of not less than two thousand #esos )P4,>>>!>>* nor more

than ten thousand #esos )P1>,>>>!>>* or im#risonment for a maximum #eriod of two )4* ears, or

%oth, in the discretion of the court!

If the act is committed % a school cor#oration, the school head together with the #erson or #ersons

res#onsi%le for the offense or violation shall %e e&uall lia%le!

Sec! 82! Administrative Sanction! Q The 0inister )Secretar* of +ducation, -ulture and S#orts ma

#rescri%e and im#ose such administrative sanction as he ma deem reasona%le and a##ro#riate in

the im#lementing rules and regulations #romulgated #ursuant to this "ct for an of the following

causes ! ! ! ! ?! ;nauthori/ed o#eration of a school, or course, or an com#onent thereof ! ! ! !

The corres#onding rules im#lementing Secs! 85 and 82 read Q

Sec! 1! Punishable Acts and Penalties! Q The o#eration of a school, through the conduct or offeringof educational #rograms or courses of studiesLtraining without #rior government authori/ation in the

form of #ermit or recognition as #rovided for in Rule III, P"RT III of these Rules, andLor in violation of

an of the terms and conditions of the said #ermit or recognition, have %een declared #unisha%le

violations of the "ct, su%Cect to the #enalties #rovided therein!

"n #erson, therefore, u#on conviction for an act constituting an of the foregoing #unisha%le

violations, shall %e #unished with a fine of not less than Two Thousand Pesos )P4,>>>!>>* nor more

than Ten Thousand Pesos )P1>,>>>!>>*, or im#risonment for a maximum #eriod of two )4* ears, or

%oth, in the discretion of the -ourt< Provided! ho5ever , that when the act is committed % a school

cor#oration, the school head together with the #erson or #ersons res#onsi%le for the violation or

offense shall %e deemed e&uall lia%le!

Sec! 4! Administrative Sanction! Q Githout #reCudice to the interest of students, teachers and

em#loees, and inde#endentl of the #enalt im#osed in Sec! 1 under this Rule, the 0inister ma

withdraw, sus#end, revo(e or cancel a school's authorit to o#erate as an educational institution or to conduct educational #rograms or courses of studiesLtraining, for an of the following

causes, vi/ < ! ! ! ! e! ;nauthori/ed o#eration of a school, or #rogram or course of studies or

com#onent thereof, or an violation of the #rescri%ed rules governing advertisements or

announcements of educational institutions!

Su%stantial evidence has %een defined to %e such relevant evidence as a reasona%le mind might

acce#t as ade&uate to su##ort a conclusion! 19 " #erusal of the &uestioned resolutions of the Office

of the President reveals that the are %ased on the records of the case which constitute su%stantial

evidence, #roving distinctl not onl #etitioner's consistent failure to meet the D+-S' minimum

standards for maritime institutes and correct its deficiencies %ut also its continued o#eration and

offering of maritime courses des#ite the lac( of #ermit!

-ontrar to the claim of #etitioner, the 1> Novem%er 1224 Resolution of the Office of the President

sufficientl disclosed the %asis for its affirmance of the D+-S' #hase.out and closure orders<

"fter a careful stud, we are constrained t o resolve that there exists no sufficient Custification to

modif, alter or reverse the a##ealed order! Ge find no #lausi%le reason to distur% the action of the

Secretar of +ducation, -ulture and S#orts, more so in light of the cons#icuous fact that P00S has

re#eatedl failed to com#l with the #hase out order since 1258! Ghat is more, the grounds

advanced % P00S have alread %een #assed u#on, and se#aratel resolved % the office a 'uo! 20

Petitioner's #ersistent refusal to com#l with the #hase.out orders on the ground that the same were

not et final and executor is untena%le! "s correctl held % the Office of the President Q

! ! ! ! Ghile said #hase.out )orders* ma not %e final and executor, there was no reason for P00SI

to offer maritime courses without, the re&uisite #rior authorit of the D+-S! P00SI #ossessed no

valid #ermit #rior to the issuance of the #hase.out! There was no authorit to s#ea( of! 21

reason of the s#ecial (nowledge and ex#ertise of administrative de#artments over matters falling

under their Curisdiction, the are in a %etter #osition to #ass Cudgment thereon and their findings of

fact in that regard are generall accorded res#ect, if not finalit , % the courts! In the case at %ench, it

is not the function of t his -ourt nor an other court for that matter Q

! ! ! to review the decisions and orders of the Secretar on the issue of whether or not an educational

institution meets the norms and standards re&uired for #ermission to o#erate and to continue

o#erating as such! On this &uestion, no -ourt has the #ower or #rerogative to su%stitute its o#inion

for that of the Secretar! Indeed, it is o%viousl not ex#ected that an -ourt would have the

com#etence to do so!

The onl authorit re#osed in the -ourts on the matter is the determination of whether or not the

Secretar of +ducation, -ulture and S#orts has acted within the sco#e of #owers granted him % law

and the -onstitution! "s long as it a##ears that he has done so, an decision rendered % him

should not and will not %e su%Cect to review and reversal % an court!



Of course, if it should %e made to a##ear to the -ourt that those #owers were in a case exercised so

whimsicall, ca#riciousl, o##ressivel, des#oticall or ar%itraril as to call for #erem#tor correction

Q or stated otherwise, that the Secretar had acted with g rave a%use of discretion, or had unlawfull

neglected the #erformance of an act which the law s#ecificall enCoins as a dut, or excluded

another from the use or enComent of a right or office to which such other is entitled Q it %ecomes

the -ourt's dut to rectif such action through the extraordinar remedies of certiorari , #rohi%ition,

or mandamus, whichever ma #ro#erl a##l! Jet even in these extreme instances, where a -ourt

finds that there has %een a%use of #owers % the Secretar and conse&uentl nullifies andLor for%ids

such an a%use of #ower, or commands whatever is needful to (ee# its exercise within %ounds, the

-ourt, a%sent an com#elling reason to do otherwise, should still leave to the Secretar the ultimate

determination of the issue of the satisfaction of fulfillment % an educational institution of the

standards set down for its legitimate o#eration, as to which it should not ordinaril su%stitute its own

Cudgment for that of said office! 22

There %eing no grave a%use of discretion committed % res#ondents re#resenting the Office of the

President in issuing the Resolutions of 1> Novem%er 1224 and 14 $anuar 122:, res#ondent -ourt

of "##eals did not err in sustaining the resolutions in &uestion!

GE+R+FOR+ , the #etition is D+NI+D! The &uestioned Decision of the -ourt of "##eals dated 44

$ul 122:, as well as its Resolution of 48 Novem%er 122:, is "FFIR0+D!

-osts against #etitioner!

SO ORD+R+D!

+arvasa! ".&.! 6eliciano! Padilla! Re$alado! avide! &r.! Romero! Melo! Puno! #itu$! 7apunan!

Mendo/a and 6rancisco! &&.! concur.

8uiason! &.! is on leave.



D E C I ' I O N

(E#A'CO, JR., J.

The need to address environmental #ollution, as a cause of climate change, has of late gained the

attention of the international communit! 0edia have finall trained their sights on the ill effects of#ollution, the destruction of forests and other critical ha%itats, oil s#ills, and the una%ated im#ro#er

dis#osal of gar%age! "nd rightl so, for the magnitude of environmental destruction is now on a scale

few ever foresaw and the wound no longer sim#l heals % itself! 647 ut amidst hard evidence and

clear signs of a climate crisis that need %old action, the voice of cnicism, nasaers, and

#rocrastinators can still %e heard!

This case turns on government agencies and their officers who, % the nature of their res#ective

offices or % direct statutor command, are tas(ed to #rotect and #reserve, at t he first instance, our

internal waters, rivers, shores, and seas #olluted % human activities! To most of these agencies and

their official com#lement, the #ollution menace does not seem to carr the high national #riorit it

deserves, if their trac( records are to %e the norm! Their cavalier attitude towards solving, if not

mitigating, the environmental #ollution #ro%lem, is a sad commentar on %ureaucratic efficienc and

commitment!

"t the core of the case is the 0anila a, a #lace with a #roud historic #ast, once %rimming with

marine life and, for so man decades in t he #ast, a s#ot for different contact recreation activities, %ut

now a dirt and slowl ding ex#anse mainl %ecause of the a%Cect official indifference of #eo#le and

institutions that could have otherwise made a difference!

This case started when, on $anuar 42, 1222, res#ondents -oncerned Residents of 0anila a filed

a com#laint %efore the Regional Trial -ourt )RT-* in Imus, -avite against several government

agencies, among them the #etitioners, for the cleanu#, reha%ilitation, and #rotection of the 0anilaa! Raffled to ranch 4> and doc(eted as -ivil -ase No! 15?1.22 of the RT-, the com#laint

alleged that the water &ualit of the 0anila a had fallen wa %elow the allowa%le standards set %

law, s#ecificall Presidential Decree No! )PD* 11?4 or the Phili##ine +nvironment -ode! This

environmental a%erration, the com#laint stated, stemmed from<

x x x 6The7 rec(less, wholesale, accumulated and ongoing acts of omission or commission 6of t he

defendants7 resulting in the clear and #resent danger to #u%lic health and in the de#letion and

contamination of the marine life of 0anila a, 6for which reason7 "33 defendants must %e held

Cointl andLor solidaril lia%le and %e collectivel ordered to clean u# 0anila a and to restore its

water &ualit to class waters fit for swimming, s(in.diving, and other forms of contact recreation! 6:7

In their individual causes of action, res#ondents alleged that the continued neglect of #etitioners in

a%ating the #ollution of the 0anila a constitutes a violation of, among others<

)1* Res#ondents constitutional right to life, health, and a %alanced ecologA

)4* The +nvironment -ode )PD 11?4*A

):* The Pollution -ontrol 3aw )PD 259*A

)9* The Gater -ode )PD 1>8@*A

)?* The Sanitation -ode )PD 5?8*A

)8* The Illegal Dis#osal of Gastes Decree )PD 54?*A

)@* The 0arine Pollution 3aw )PD 2@2*A

)5* +xecutive Order No! 124A

)2* The Toxic and Ea/ardous Gastes 3aw )Re#u%lic "ct No! 8282*A

)1>* -ivil -ode #rovisions on nuisance and human relationsA

)11* The Trust Doctrine and the Princi#le of uardianshi#A and

)14* International 3aw

http://sc.judiciary.gov.ph/jurisprudence/2008/december2008/171947-48.htm#_ftn2







Inter alia, res#ondents, as #laintiffs a 'uo, #raed that #etitioners %e ordered to clean

the 0anila a and su%mit to the RT- a concerted concrete #lan of action for the #ur#ose!

The trial of the case started off with a hearing at the 0anila Jacht -lu% followed % an ocular

ins#ection of the 0anila a! Renato T! -ru/, the -hief of the Gater Mualit 0anagement Section,

+nvironmental 0anagement ureau, De#artment of +nvironment and Natural Resources )D+NR*,testifing for #etitioners, stated that water sam#les collected from different %eaches around the

0anila a showed that the amount of f ecal coliform content ranged from ?>,>>> to 5>,>>> most

#ro%a%le num%er )0PN*Lml when what D+NR "dministrative Order No! :9.2> #rescri%ed as a safe

level for %athing and other forms of contact recreational activities, or the S level, is one not

exceeding 4>> 0PNL1>> ml!697

Re%ecca de Vera, for 0etro#olitan Gaterwor(s and Sewerage Sstem )0GSS* and in %ehalf of

other #etitioners, testified a%out the 0GSS efforts to reduce #ollution along the 0anila a through

the 0anila Second Sewerage ProCect! For its #art, the Phili##ine Ports "uthorit )PP"* #resented, as

#art of its evidence, its memorandum circulars on the stud %eing conducted on shi#.generated

waste treatment and dis#osal, and its *inis a$at )-lean the Ocean* #roCect for the cleaning of

wastes accumulated or washed to shore!

T)* RTC O** P*t4t4on*s to C*an %/ an R*)a44tat* Man4a 3a-

On Se#tem%er 1:, 4>>4, the RT- rendered a Decision 6?7 in favor of res#ondents! The dis#ositive

#ortion reads<

GE+R+FOR+, finding merit in the com#laint, Cudgment is here% rendered ordering the

a%ovenamed defendant.government agencies, Cointl and solidaril, to clean u# and reha%ilitate

0anila a and restore its waters to S classification to ma(e it fit for swimming, s(in.diving and

other forms of contact recreation! To attain this, defendant.agencies, with defendant D+NR as thelead agenc, are directed, within six )8* months from recei#t hereof, to act and #erform their

res#ective duties % devising a consolidated, coordinated and concerted scheme of action for the

reha%ilitation and restoration of the %a!

In #articular<

Defendant 0GSS is directed to install, o#erate and maintain ade&uate 6sewerage7 treatment

facilities in strategic #laces under its Curisdiction and increase their ca#acities!

Defendant 3G;", to see to it that the water districts under its wings, #rovide, construct and o#eratesewage facilities for the #ro#er dis#osal of waste!

Defendant D+NR, which is the lead agenc in cleaning u# 0anila a, to install, o#erate and

maintain waste facilities to rid the %a of toxic and ha/ardous su%stances!

Defendant PP", to #revent and also to treat the discharge not onl of shi#.generated wastes %ut

also of other solid and li&uid wastes from doc(ing vessels that contri%ute to the #ollution of the %a!

Defendant 00D", to esta%lish, o#erate and maintain an ade&uate and a##ro#riate sanitar landfillandLor ade&uate solid waste and li&uid dis#osal as well as other alternative gar%age dis#osal sstem

such as re.use or reccling of wastes!

Defendant D", through the ureau of Fisheries and "&uatic Resources, to revitali/e the marine life

in 0anila a and restoc( its waters with indigenous fish and other a&uatic animals!

Defendant D0, to #rovide and set aside an ade&uate %udget solel for the #ur#ose of cleaning u#

and reha%ilitation of 0anila a!

Defendant DPGE, to remove and demolish structures and other nuisances that o%struct the free

flow of waters to the %a! These nuisances discharge solid and li&uid wastes which eventuall end

u# in 0anila a! "s the construction and engineering arm of the government, DPGE is ordered to







activel #artici#ate in removing de%ris, such as carcass of sun(en vessels, and other non.

%iodegrada%le gar%age in the %a!

Defendant DOE, to closel su#ervise and monitor the o#erations of se#tic and sludge com#anies

and re&uire them to have #ro#er facilities for the treatment and dis#osal of fecal sludge and sewage

coming from se#tic tan(s!

Defendant D+-S, to inculcate in the minds and hearts of the #eo#le through education the

im#ortance of #reserving and #rotecting t he environment!

Defendant Phili##ine -oast uard and the PNP 0aritime rou#, to #rotect at all costs

the 0anila a from all forms of illegal fishing!

No #ronouncement as to damages and costs!

SO ORD+R+D!

The 0GSS, 3ocal Gater ;tilities "dministration )3G;"*, and PP" filed %efore the -ourt of "##eals

)-"* individual Notices of "##eal which were eventuall consolidated and doc(eted as -".!R! -V

No! @8?45!

On the other hand, the D+NR, De#artment of Pu%lic Gor(s and Eighwas )DPGE*, 0etro#olitan

0anila Develo#ment "uthorit )00D"*, Phili##ine -oast uard )P-*, Phili##ine National Police

)PNP* 0aritime rou#, and five other executive de#artments and agencies filed directl with this

-ourt a #etition for reviewunder Rule 9?! The -ourt, in a Resolution of Decem%er 2, 4>>4, sent t he

said #etition to the -" for consolidation with the consolidated a##eals of 0GSS, 3G;", and PP",

doc(eted as -".!R! SP No! @9299!

Petitioners, %efore the -", were one in arguing in the main that the #ertinent #rovisions of the

+nvironment -ode )PD 11?4* relate onl to the cleaning of s#ecific #ollution incidents and do not

cover cleaning in general! "nd a#art from raising concerns a%out the lac( of funds a##ro#riated for

cleaning #ur#oses, #etitioners also asserted that the cleaning of the 0anila a is not a ministerial

act which can %e com#elled % mandamus!

T)* CA 'usta4n* t)* RTC

a Decision687 of Se#tem%er 45, 4>>?, the -" denied #etitioners a##eal and affirmed the Decision

of the RT- in toto, stressing that the trial courts decision did not re&uire #etitioners to do tas(s

outside of their usual %asic functions under existing laws! 6@7

Petitioners are now %efore this -ourt #raing for the allowance of their Rule 9? #etition on the

following ground and su##orting arguments<

TE+ 6-"7 D+-ID+D " M;+STION OF S;ST"N-+ NOT E+R+TOFOR+ P"SS+D ;PON J TE+

EONOR"3+ -O;RT, I!+!, IT "FFIR0+D TE+ TRI"3 -O;RTS D+-ISION D+-3"RIN TE"T

S+-TION 4> OF 6PD7 11?4 R+M;IR+S -ON-+RN+D OV+RN0+NT "+N-I+S TO R+0OV+

"33 PO33;T"NTS SPI33+D "ND DIS-E"R+D IN TE+ G"T+R S;-E "S F+-"3 -O3IFOR0S!

"R;0+NTS

I

6S+-TIONS7 1@ "ND 4> OF 6PD7 11?4 R+3"T+ ON3J TO TE+ -3+"NIN OF SP+-IFI-

PO33;TION IN-ID+NTS "ND 6DO7 NOT -OV+R -3+"NIN IN +N+R"3

II

TE+ -3+"NIN OR R+E"I3IT"TION OF TE+ 0"NI3" "J IS NOT " 0INIST+RI"3 "-T OF

P+TITION+RS TE"T -"N + -O0P+33+D J 0"ND"0;S!








The issues %efore us are two.fold! 6irst , do Sections 1@ and 4> of PD 11?4 under the

headings, 9p$radin$ of :ater 8ualit and "lean0up perations, envisage a cleanu# in general or

are the limited onl to the cleanu# of s#ecific #ollution incidents "nd second , can #etitioners %e

com#elled % mandamus to clean u# and reha%ilitate the 0anila a

On "ugust 14, 4>>5, the -ourt conducted and heard the #arties on oral arguments!

Ou Ru4ng

Ge shall first dwell on the #ro#riet of t he issuance of mandamus under the #remises!

T)* C*an4ng o R*)a44tat4on o Man4a 3a-

Can * Co/** - Manaus

enerall, the writ of mandamus lies to re&uire the execution of a mi nisterial dut!657 " ministerial dut

is one that re&uires neither the exercise of official discretion nor Cudgment!627 It connotes an act in

which nothing is left to the discretion of the #erson executing it! It is a sim#le, definite dut arising

under conditions admitted or #roved to exist and im#osed % law!61>7 0andamus is availa%le to

com#el action, when refused, on matters involving discretion, %ut not to direct the exercise of

Cudgment or discretion one wa or the other!

Petitioners maintain that the 00D"s dut to t a(e measures and maintain ade&uate solid waste andli&uid dis#osal sstems necessaril involves #olic evaluation and the exercise of Cudgment on the

#art of the agenc concerned! The argue that the 00D", in carring out its mandate, has to ma(e

decisions, including choosing where a landfill should %e located % underta(ing feasi%ilit studies

and cost estimates, all of which entail the exercise of discretion!

Res#ondents, on the other hand, counter that the statutor command is clear and that #etitioners

dut to com#l with and act according to the clear mandate of the law does not re&uire the exercise

of discretion! "ccording to res#ondents, #etitioners, the 00D" in #articular, are without discretion,

for exam#le, to choose which %odies of water the are to clean u#, or which discharge or s#ill the

are to contain! the same to(en, res#ondents maintain that #etitioners are %ereft of discretion onwhether or not to alleviate the #ro%lem of solid and li&uid waste dis#osalA in other words, it is the

00D"s ministerial dut to attend to such services!

Ge agree with res#ondents!

First off, we wish to state t hat #etitioners o%ligation to #erform their duties as defined % law, on one

hand, and how the are to carr out such duties, on the other, are two different conce#ts! Ghile the

im#lementation of the 00D"s mandated tas(s ma entail a decision.ma(ing #rocess, the

enforcement of the law or the ver act of doing what the law exacts to %e done is ministerial in

nature and ma %e com#elled % mandamus! Ge said so in Social &ustice Societ v. Atien/a6117 in

which the -ourt directed the -it of 0anila to enforce, as a matter of ministerial dut, its OrdinanceNo! 5>4@ directing the three %ig local oil #laers to cease and desist from o#erating their %usiness in

the so.called Pandacan Terminals within six months from the effectivit of the ordinance! ut to

illustrate with res#ect to the instant case, the 00D"s dut to #ut u# an ade&uate and a##ro#riate

sanitar landfill and solid waste and li&uid dis#osal as well as other alternative gar%age dis#osal

sstems is ministerial, its dut %eing a statutor im#osition! The 00D"s dut in this regard is s#elled

out in Sec! :)c* of Re#u%lic "ct No! )R"* @249 creating the 00D"! This section defines and

delineates the sco#e of the 00D"s waste dis#osal services to include<

Solid waste dis#osal and management which include formulation and im#lementation of #olicies,

standards, #rograms and #roCects for #ro#er and sanitar waste dis#osal! It shall li(ewise include

the *sta4s)*nt an o/*at4on o san4ta- an 4 an *at* a+44t4*s and the

im#lementation of other alternative #rograms intended to reduce, reuse and reccle solid waste!

)+m#hasis added!*

















The 00D" is dut.%ound to com#l with Sec! 91 of the +cological Solid Gaste 0anagement "ct

)R" 2>>:* which #rescri%es the minimum criteria for the esta%lishment of sanitar landfills and Sec!

94 which #rovides the minimum o#erating re&uirements that each site o#erator shall maintain in the

o#eration of a sanitar landfill! -om#lementing Sec! 91 are Secs! :8 and :@ of R" 2>>:,6147 enCoining

the 00D" and local government units, among others, after the effectivit of the law on Fe%ruar 1?,

4>>1, from using and o#erating o#en dum#s for solid waste and disallowing, five ears after such

effectivit, the use of controlled dum#s!

The 00D"s dut in the area of solid waste dis#osal, as ma %e noted, is set forth not onl in the

+nvironment -ode )PD 11?4* and R" 2>>:, %ut in its charter as well! This dut of #utting u# a

#ro#er waste dis#osal sstem cannot %e characteri/ed as discretionar, for, as earlier stated,

discretion #resu##oses the #ower or right given % law to #u%lic functionaries to act officiall

according to their Cudgment or conscience!61:7 " discretionar dut is one that allows a #erson to

exercise Cudgment and choose to #erform or not to #erform! 6197 "n suggestion that the 00D" has

the o#tion whether or not to #erform its solid waste dis#osal.related duties ought to %e dismissed for

want of legal %asis!

" #erusal of other #etitioners res#ective charters or li(e ena%ling statutes and #ertinent laws would

ield this conclusion< these government agencies are enCoined, as a matter of statutor o%ligation, to#erform certain functions relating directl or indirectl to the cleanu#, reha%ilitation, #rotection, and

#reservation of the 0anila a! The are #recluded from choosing not to #erform these duties!

-onsider<

)1* The D+NR, under +xecutive Order No! )+O* 124,61?7 is the #rimar agenc res#onsi%le for the

conservation, management, develo#ment, and #ro#er use of the countrs environment and natural

resources! Sec! 12 of the Phili##ine -lean Gater "ct of 4>>9 )R" 24@?*, on the other hand,

designates the D+NR as the #rimar government agenc res#onsi%le for its enforcement and

im#lementation, more #articularl over all as#ects of water &ualit management! On water #ollution,

the D+NR, under the "cts Sec! 12)(*, exercises Curisdiction over all as#ects of water #ollution,

determine6s7 its location, magnitude, extent, severit, causes and effects and other #ertinent

information on #ollution, and 6ta(es7 measures, using availa%le methods and technologies, to

#revent and a%ate such #ollution!

The D+NR, under R" 24@?, is also tas(ed to #re#are a National Gater Mualit Status Re#ort, an

Integrated Gater Mualit 0anagement Framewor(, and a 1>.ear Gater Mualit 0anagement "rea

"ction Plan which is nationwide in sco#e covering the 0anila a and adCoining areas! Sec! 12 of

R" 24@? #rovides<

Sec! 12 *ead A$enc !The 6D+NR7 shall %e the #rimar government agenc res#onsi%le for the

im#lementation and enforcement of this "ct x x x unless otherwise #rovided herein! "s such, it shall

have the following functions, #owers and res#onsi%ilities<

a* Pre#are a National Gater Mualit Status re#ort within twent.four )49* months from the

effectivit of this "ct< Provided, That the De#artment shall thereafter review or revise and #u%lish

annuall, or as the need arises, said re#ortA

%* Pre#are an Integrated Gater Mualit 0anagement Framewor( within twelve )14* months

following the com#letion of the status re#ortA

c* Pre#are a ten )1>* ear Gater Mualit 0anagement "rea "ction Plan within 14 months

following the com#letion of the framewor( for each designated water management area! Such action

#lan shall %e reviewed % the water &ualit management area governing %oard ever five )?* earsor as need arises!

The D+NR has #re#ared the status re#ort for the #eriod 4>>1 to 4>>? and is in the #rocess of

com#leting the #re#aration of the Integrated Gater Mualit 0anagement Framewor(!6187 Githin

twelve )14* months thereafter, it has to su%mit a final Gater Mualit 0anagement "rea "ction Plan!61@7 "gain, li(e the 00D", the D+NR should %e made to accom#lish the tas(s assigned to it under

R" 24@?!

Parentheticall, during the oral arguments, the D+NR Secretar manifested that the D+NR, with the

assistance of and in #artnershi# with various government agencies and non.government

organi/ations, has com#leted, as of Decem%er 4>>?, the final draft of a com#rehensive action #lanwith estimated %udget and time frame, denominated as peration Plan for the Manila Ba "oastal

Strate$ , for the reha%ilitation, restoration, and reha%ilitation of the 0anila a!



















The com#letion of the said action #lan and even the im#lementation of some of its #hases should

more than ever #rod the concerned agencies to fast trac( what are assigned them under existing

laws!

)4* The 0GSS, under Sec! : of R" 84:9,6157 is vested with Curisdiction, su#ervision, and control over

all waterwor(s and sewerage sstems in the territor com#rising what is now the cities of 0etro0anila and several towns of the #rovinces of Ri/al and -avite, and charged with the dut<

)g* To construct, maintain, and o#erate such sanitar sewerages as ma %e necessar for the #ro#er

sanitation and other uses of the cities and towns com#rising the SstemA x x x

):* The 3G;" under PD 125 has the #ower of su#ervision and control over local water districts! It

can #rescri%e the minimum standards and regulations for the o#erations of these districts and shall

monitor and evaluate local water standards! The 3G;" can direct these districts to construct,

o#erate, and furnish facilities and services for the collection, treatment, and dis#osal of sewerage,

waste, and storm water! "dditionall, under R" 24@?, the 3G;", as attached agenc of the DPGE,

is tas(ed with #roviding sewerage and sanitation facilities, inclusive of the setting u# of efficient andsafe collection, treatment, and sewage dis#osal sstem in the different #arts of the countr!6127 In

relation to the instant #etition, the 3G;" is mandated to #rovide sewerage and sanitation facilities in

3aguna, -avite, ulacan, Pam#anga, and ataan to #revent #ollution in the 0anila a!

)9* The De#artment of "griculture )D"*, #ursuant t o the "dministrative -ode of 125@ )+O 424*, 64>7 is

designated as the agenc tas(ed to #romulgate and enforce all laws and issuances res#ecting the

conservation and #ro#er utili/ation of agricultural and fisher resources! Furthermore, the D", under

the Phili##ine Fisheries -ode of 1225 )R" 5??>*, is, in coordination with local government units

)3;s* and other concerned sectors, in charge of esta%lishing a monitoring, control, and

surveillance sstem to ensure that fisheries and a&uatic resources in Phili##ine waters are

Cudiciousl utili/ed and managed on a sustaina%le %asis!6417 3i(ewise under R" 24@?, the D" is

charged with coordinating with the P- and D+NR for the enforcement of water &ualit standards in

marine waters!6447 0ore s#ecificall, its ureau of Fisheries and "&uatic Resources )F"R* under

Sec! 44)c* of R" 24@? shall #rimaril %e res#onsi%le for the #revention and control of water #ollution

for the develo#ment, management, and conservation of the fisheries and a&uatic resources!

)?* The DPGE, as the engineering and construction arm of the national government, is tas(ed under

+O 42464:7 to #rovide integrated #lanning, design, and construction services for, among others, flood

control and water resource develo#ment sstems in accordance with national develo#ment

o%Cectives and a##roved government #lans and s#ecifications!

In 0etro 0anila, however, the 00D" is authori/ed % Sec! :)d*, R" @249 to #erform metro.wide

services relating to flood control and sewerage management which include the formulation and

im#lementation of #olicies, standards, #rograms and #roCects for an integrated flood control,drainage and sewerage sstem!

On $ul 2, 4>>4, a 0emorandum of "greement was entered into %etween the DPGE and 00D",

where% 00D" was made the agenc #rimaril res#onsi%le for flood control in 0etro 0anila! For

the rest of the countr, DPGE shall remain as the im#lementing agenc for flood control

services! The mandate of the 00D" and DPGE on flood control and drainage services shall include

the removal of structures, constructions, and encroachments %uilt along rivers, waterwas,

and esteros)drainages* in violation of R" @4@2, PD 1>8@, and other #ertinent laws!

)8* The P-, in accordance with Sec! ?)#* of PD 8>1, or the Revised -oast uard 3aw of 12@9, and

Sec! 8 of PD 2@2,6497

or the 0arine Pollution Decree of 12@8, shall have the #rimar res#onsi%ilit ofenforcing laws, rules, and regulations governing marine #ollution within the territorial waters of

the Phili##ines! It shall #romulgate its own rules and regulations in accordance with the national

rules and #olicies set % the National Pollution -ontrol -ommission u#on consultation with the latter

for the effective im#lementation and enforcement of PD 2@2! It shall, under Sec! 9 of t he law,

a##rehend violators who<

a! discharge, dum# x x x harmful su%stances from or out of an shi#, vessel, %arge, or an other

floating craft, or other man.made structures at sea, % an method, means or manner, into or u#on

the territorial and inland naviga%le waters of the Phili##inesA

%! throw, discharge or de#osit, dum#, or cause, suffer or #rocure to %e thrown, discharged, orde#osited either from or out of an shi#, %arge, or other floating craft or vessel of an (ind, or from

the shore, wharf, manufacturing esta%lishment, or mill of an (ind, an refuse matter of an (ind or




















descri#tion whatever other than that flowing from streets and sewers and #assing therefrom in a

li&uid state into tri%utar of an naviga%le water from which the same shall float or %e washed into

such naviga%le waterA and

c! de#osit x x x material of an (ind in an #lace on the %an( of an naviga%le water or on the %an(

of an tri%utar of an naviga%le water, where the same shall %e lia%le t o %e washed into such

naviga%le water, either % ordinar or high tides, or % storms or floods, or otherwise, where%

navigation shall or ma %e im#eded or o%structed or increase the level of #ollution of such water!

)@* Ghen R" 82@? or the De#artment of the Interior and 3ocal overnment )DI3* "ct of 122> was

signed into law on Decem%er 1:, 122>, the PNP 0aritime rou# was tas(ed to #erform all #olice

functions over the Phili##ine territorial waters and rivers! ;nder Sec! 58, R" 82@?, the #olice

functions of the P- shall %e ta(en over % the PNP when the latter ac&uires the ca#a%ilit to

#erform such functions! Since the PNP 0aritime rou# has not et attained the ca#a%ilit to assume

and #erform the #olice functions of P- over marine #ollution, the P- and PNP 0aritime rou#

shall coordinate with regard to the enforcement of laws, rules, and regulations governing marine

#ollution within the territorial waters of the Phili##ines! This was made clear in Sec! 149, R" 5??> or

the Phili##ine Fisheries -ode of 1225, in which %oth the P- and PNP 0aritime rou# were

authori/ed to enforce said law and other fisher laws, rules, and regulations! 64?7

)5* In accordance with Sec! 4 of +O ?1:, the PP" is mandated to esta%lish, develo#, regulate,

manage and o#erate a rationali/ed national #ort sstem in su##ort of t rade and national

develo#ment!6487 0oreover, Sec! 8.c of +O ?1: states that the PP" has #olice authorit within the

#orts administered % it as ma %e necessar to carr out its #owers and functions and attain its

#ur#oses and o%Cectives, without #reCudice to the exercise of the functions of the ureau of -ustoms

and other law enforcement %odies within the area! Such #olice authorit shall include the following<

x x x x

%* To regulate the entr to, exit from, and movement within the #ort, of #ersons and vehicles, as well

as movement within the #ort of watercraft! 64@7

3astl, as a mem%er of the International 0arine Organi/ation and a signator to the International

-onvention for the Prevention of Pollution from Shi#s, as amended % 0"RPO3 @:L@5,6457 the Phili##ines, through the PP", must ensure the #rovision of ade&uate rece#tion facilities at

#orts and terminals for the rece#tion of sewage from the shi#s doc(ing in Phili##ine #orts! Thus, the

PP" is tas(ed to ado#t such measures as are necessar to #revent the discharge and dum#ing of

solid and li&uid wastes and other shi#.generated wastes into the 0anila a waters from vessels

doc(ed at #orts and a##rehend the violators! Ghen the vessels are not doc(ed at #orts %ut withinPhili##ine territorial waters, it is the P- and PNP 0aritime rou# that have Curisdiction over said

vessels!

)2* The 00D", as earlier indicated, is dut.%ound to #ut u# and maintain ade&uate sanitar landfill

and solid waste and li&uid dis#osal sstem as well as other alternative gar%age dis#osal sstems! It

is #rimaril res#onsi%le for the im#lementation and enforcement of the #rovisions of R" 2>>:, which

would necessar include its #enal #rovisions, within its area of Curisdiction!6427

"mong the #rohi%ited acts under Sec! 95, -ha#ter VI of R" 2>>: that are fre&uentl violated are

dum#ing of waste matters in #u%lic #laces, such as roads, canals or esteros, o#en %urning of solid

waste, s&uatting in o#en dum#s and landfills, o#en dum#ing, %uring of %iodegrada%le or non.

%iodegrada%le materials in flood.#rone areas, esta%lishment or o#eration of o#en dum#s as enCoined

in R" 2>>:, and o#eration of waste management facilities without an environmental com#liance

certificate!

;nder Sec! 45 of the ;r%an Develo#ment and Eousing "ct of 1224 )R" @4@2*, eviction or demolition

ma %e allowed when #ersons or entities occu# danger areas such as esteros, railroad trac(s,

gar%age dum#s, river%an(s, shorelines, waterwas, and other #u%lic #laces such as sidewal(s,

roads, #ar(s and #lagrounds! The 00D", as lead agenc, in coordination with the DPGE, 3;s,

and concerned agencies, can dismantle and remove all structures, constructions, and other

encroachments %uilt in %reach of R" @4@2 and other #ertinent laws along the rivers, waterwas,

and esteros in 0etro 0anila! Gith res#ect to rivers, waterwas, andesteros in ulacan, ataan,

Pam#anga, -avite, and 3aguna that discharge wastewater directl or eventuall into the 0anila a,

the DI3 shall direct the concerned 3;s to im#lement the demolition and removal of such

structures, constructions, and other encroachments %uilt in violation of R" @4@2 and other a##lica%le

laws in coordination with the DPGE and concerned agencies!

)1>* The De#artment of Eealth )DOE*, under "rticle @8 of PD 1>8@ )the Gater -ode*, is tas(ed to#romulgate rules and regulations for the esta%lishment of waste dis#osal areas that affect the source

of a water su##l or a reservoir for domestic or munici#al use! "nd under Sec! 5 of R" 24@?, the














DOE, in coordination with the D+NR, DPGE, and other concerned agencies, shall formulate

guidelines and standards for the collection, treatment, and dis#osal of sewage and the

esta%lishment and o#eration of a centrali/ed sewage treatment sstem! In areas not considered as

highl ur%ani/ed cities, se#tage or a mix sewerage.se#tage management sstem shall %e em#loed!

In accordance with Sec! @46:>7 of PD 5?8, the -ode of Sanitation of the Phili##ines, and Sec!

?!1!16:17 of -ha#ter VII of its im#lementing rules, the DOE is also ordered to ensure the regulation

and monitoring of the #ro#er dis#osal of wastes % #rivate sludge com#anies through the strict

enforcement of the re&uirement to o%tain an environmental sanitation clearance of sludge collection

treatment and dis#osal %efore these com#anies are issued their environmental sanitation #ermit!

)11* The De#artment of +ducation )De#+d*, under the Phili##ine +nvironment -ode )PD 11?4*, is

mandated to integrate su%Cects on environmental education in its school curricula at all levels!6:47 ;nder Sec! 115 of R" 5??>, the De#+d, in colla%oration with the D", -ommission on Eigher

+ducation, and Phili##ine Information "genc, shall launch and #ursue a nationwide educational

cam#aign to #romote the develo#ment, management, conservation, and #ro#er use of the

environment! ;nder the +cological Solid Gaste 0anagement "ct )R" 2>>:*, on the other hand, it is

directed to strengthen the integration of environmental concerns in school curricula at all levels, with

an em#hasis on waste management #rinci#les!6::7

)14* The De#artment of udget and 0anagement )D0* is tas(ed under Sec! 4, Title VII of the

"dministrative -ode of 125@ to ensure the efficient and sound utili/ation of government funds and

revenues so as to effectivel achieve the countrs develo#ment o%Cectives! 6:97

One of the countrs develo#ment o%Cectives is enshrined in R" 24@? or the Phili##ine -lean Gater "ct of 4>>9! This law stresses that the State shall #ursue a #olic of economic growth in a manner

consistent with the #rotection, #reservation, and revival of the &ualit of our fresh, %rac(ish, and

marine waters! It also #rovides that it is the #olic of the government, among others, to streamline

#rocesses and #rocedures in the #revention, control, and a%atement of #ollution mechanisms for the

#rotection of water resourcesA to #romote environmental strategies and use of a##ro#riate economic

instruments and of control mechanisms for the #rotection of water resourcesA to formulate a holistic

national #rogram of water &ualit management that recogni/es that issues related to this

management cannot %e se#arated from concerns a%out water sources and ecological #rotection,

water su##l, #u%lic health, and &ualit of lifeA and to #rovide a com#rehensive management

#rogram for water #ollution focusing on #ollution #revention!

Thus, the D0 shall then endeavor to #rovide an ade&uate %udget to attain the no%le o%Cectives of

R" 24@? in line with the countrs develo#ment o%Cectives!

"ll told, the aforementioned ena%ling laws and issuances are in themselves clear, categorical, andcom#lete as to what are the o%ligations and mandate of each agencL#etitioner under the law! Ge

need not %ela%or the issue that their tas(s include the cleanu# of the 0anila a!

Now, as to the crux of the #etition! Do Secs! 1@ and 4> of the +nvironment -ode encom#ass the

cleanu# of water #ollution in general, not Cust s#ecific #ollution incidents

'*+s. 18 an 20 o t)* En4on*nt Co*

In+u* C*an4ng 4n G*n*a

The dis#uted sections are &uoted as follows<

Section 1@! 9p$radin$ of :ater 8ualit !Ghere the &ualit of water has deteriorated to a degree

where its state will adversel affect its %est usage, the government agencies concerned shall ta(e

such measures as ma %e necessar to u#grade the &ualit of such water to meet t he #rescri%ed

water &ualit standards!

Section 4>! "lean0up perations!It shall %e the res#onsi%ilit of the #olluter to contain, remove and

clean.u# water #ollution incidents at his own ex#ense! In case of his f ailure to do so, the government

agencies concerned shall underta(e containment, removal and clean.u# o#erations and ex#enses

incurred in said o#erations shall %e charged against the #ersons andLor entities res#onsi%le for such

#ollution!

Ghen the -lean Gater "ct )R" 24@?* too( effect, its Sec! 18 on the su%Cect, "leanup perations,

amended the counter#art #rovision )Sec! 4>* of the +nvironment -ode )PD 11?4*! Sec! 1@ of PD

11?4 continues, however, to %e o#erational!

The amendator Sec! 18 of R" 24@? reads<

S+-! 18! "leanup perations!Notwithstanding the #rovisions of Sections 1? and 48 hereof, an

#erson who causes #ollution in or #ollutes water %odies in excess of the a##lica%le and #revailing

standards shall %e res#onsi%le to contain, remove and clean u# an #ollution incident at his own

ex#ense to the extent that the same water %odies have %een rendered unfit for utili/ation and

%eneficial use< Provided, That in the event emergenc cleanu# o#erations are necessar and the

#olluter fails to immediatel underta(e the same, the 6D+NR7 in coordination with other government

agencies concerned, shall underta(e containment, removal and cleanu# o#erations! +x#enses

incurred in said o#erations shall %e reim%ursed % the #ersons found to have caused such #ollution

under #ro#er administrative determination x x x! Reim%ursements of the cost incurred shall %e made

to the Gater Mualit 0anagement Fund or to such other f unds where said dis%ursements were

sourced!













"s ma %e noted, the amendment to Sec! 4> of the +nvironment -ode is more a##arent than real

since the amendment, insofar as it is relevant t o this case, merel consists in the designation of the

D+NR as lead agenc in the cleanu# o#erations!

Petitioners contend at ever turn that Secs! 1@ and 4> of the +nvironment -ode concern

themselves onl with the matter of cleaning u# in s#ecific #ollution incidents, as o##osed to cleanu#

in general! The aver that the twin #rovisions would have to %e read alongside the succeeding Sec!

84)g* and )h*, which defines the terms cleanu# o#erations and accidental s#ills, as follows<

g! -lean.u# O#erations 6refer7 to activities conducted in removing the #ollutants discharged ors#illed in water to restore it to #re.s#ill condition!

h! "ccidental S#ills 6refer7 to s#ills of oil or other ha/ardous su%stances in water that

result from accidents such as collisions and groundings!

Petitioners #roffer the argument that Secs! 1@ and 4> of PD 11?4 merel direct the government

agencies concerned to underta(e containment, removal, and cleaning o#erations of a s#ecific

#olluted #ortion or #ortions of the %od of water concerned! The maintain that the a##lication of

said Sec! 4> is limited onl to water #ollution incidents, which are situations that #resu##ose the

occurrence of s#ecific, isolated #ollution events re&uiring the corres#onding containment, removal,

and cleaning o#erations! Pushing the #oint further, the argue that the afore&uoted Sec! 84)g*

re&uires cleanu# o#erations to restore the %od of water to #re.s#ill condition, which means that

there must have %een a s#ecific incident of either i ntentional or accidental s#illage of oil or other

ha/ardous su%stances, as mentioned in Sec! 84)h*!

"s a counter#oint, res#ondents argue that #etitioners erroneousl read Sec! 84)g* as delimiting the

a##lication of Sec! 4> to the containment, removal, and cleanu# o#erations for accidental s#ills onl!

-ontrar to #etitioners #osture, res#ondents assert that Sec! 84)g*, in fact, even ex#anded the

coverage of Sec! 4>! Res#ondents ex#lain that without its Sec! 84)g*, PD 11?4 ma have indeed

covered onl #ollution accumulating from the da.to.da o#erations of %usinesses around

the 0anilaa and other sources of #ollution that slowl accumulated in the %a! Res#ondents,

however, em#hasi/e that Sec! 84)g*, far from %eing a delimiting #rovision, in fact even enlarged the

o#erational sco#e of Sec! 4>, % including accidental s#ills as among the water #ollution incidents

contem#lated in Sec! 1@ in relation to Sec! 4> of PD 11?4!

To res#ondents, #etitioners #arochial view on environmental issues, cou#led with their narrow

reading of their res#ective mandated roles, has contri%uted to the worsening water &ualit of

the 0anila a! "ssuming, res#ondents assert, that #etitioners are correct in saing that the cleanu#

coverage of Sec! 4> of PD 11?4 is constricted % the definition of the #hrase cleanu# o#erations

em%odied in Sec! 84)g*, Sec! 1@ is not ho%%led % such limiting definition! "s #ointed out, the#hrases cleanu# o#erations and accidental s#ills do not a##ear in said Sec! 1@, not even in the

cha#ter where said section is found!

Res#ondents are correct! For one thing, said Sec! 1@ does not in an wa state that the government

agencies concerned ought to confine themselves to the containment, removal, and cleaning

o#erations when a s#ecific #ollution incident occurs! On the contrar, Sec! 1@ re&uires them to act

even in the a%sence of a s#ecific #ollution incident, as long as water &ualit has deteriorated to a

degree where its state will adversel affect its %est usage! This section, to stress, commands

concerned government agencies, when a##ro#riate, to t a(e such measures as ma %e necessar to

meet the #rescri%ed water &ualit standards! In fine, the underling dut t o u#grade the &ualit of

water is not conditional on the occurrence of an #ollution incident!

For another, a #erusal of Sec! 4> of the +nvironment -ode, as couched, indicates that it is #ro#erla##lica%le to a s#ecific situation in which the #ollution is caused % #olluters who fail to clean u# the

mess the left %ehind! In such instance, the concerned government agencies shall underta(e the

cleanu# wor( for the #olluters account! Petitioners assertion, that the have to #erform cleanu#

o#erations in the 0anila a on- when there is a water #ollution i ncident and the erring #olluters do

not underta(e the containment, removal, and cleanu# o#erations, is &uite off mar(! "s earlier

discussed, the com#lementar Sec! 1@ of the +nvironment -ode comes into #la and the s#ecific

duties of the agencies to clean u# come in even if there are no #ollution incidents staring at

them! Petitioners, thus, cannot #lausi%l invo(e and hide %ehind Sec! 4> of PD 11?4 or Sec! 18 of

R" 24@? on the #retext that their cleanu# mandate de#ends on the ha##ening of a s#ecific #ollution

incident! In this regard, what the -" said with res#ect to t he im#asse over Secs! 1@ and 4> of PD

11?4 is at once valid as it is #ractical! The a##ellate court wrote< PD 11?4 aims to introduce a

com#rehensive #rogram of environmental #rotection and management! This is %etter served %

ma(ing Secs! 1@ 4> of general a##lication rather than limiti ng them to s#ecific #ollution incidents!6:?7

ranting ar$uendo that #etitioners #osition thus descri%ed vis..vis the im#lementation of Sec! 4> is

correct, the seem to have overloo(ed the fact that the #ollution of the 0anila a is of such

magnitude and sco#e that it is well.nigh im#ossi%le to d raw the line %etween a s#ecific and a general

#ollution incident! "nd such im#ossi%ilit extends to #in#ointing with reasona%le certaint who the

#olluters are! Ge note that Sec! 4> of PD 11?4 mentions water #ollution incidents which ma %e

caused % #olluters in the waters of the 0anila a itself or % #olluters in adCoining lands and in

water %odies or waterwas that em#t into the %a! Sec! 18 of R" 24@?, on the other hand,

s#ecificall adverts to an #erson who causes #ollution in or #ollutes water %odies, which ma refer

to an individual or an esta%lishment that #ollutes t he land mass near the 0anila a or the

waterwas, such that the contaminants eventuall end u# in the %a! In this situation, t he water

#ollution incidents are so numerous and involve nameless and faceless #olluters that the can

validl %e categori/ed as %eond the s#ecific #ollution incident level!

Not to %e ignored of course is the realit that the government agencies concerned are so

undermanned that it would %e almost im#ossi%le to a##rehend the numerous #olluters of

the 0anila a! It ma #erha#s not %e amiss to sa that the a##rehension, if an, of

the 0anila a #olluters has %een few and far %etween! Eence, #racticall no%od has %een





re&uired to contain, remove, or clean u# a given water #ollution incident! In this (ind of setting, it

%ehooves the overnment to ste# in and underta(e cleanu# o#erations! Thus, Sec! 18 of R" 24@?,

#reviousl Sec! 4> of PD 11?4, covers for all intents and #ur#oses a general cleanu# situation!

The cleanu# andLor restoration of the 0anila a is onl an as#ect and the initial stage of the long.

term solution! The #reservation of the water &ualit of the %a after the reha%ilitation #rocess is as

im#ortant as the cleaning #hase! It is im#erative then that the wastes and contaminants found in t he

rivers, inland %as, and other %odies of water %e sto##ed from reaching the 0anila a! Otherwise,

an cleanu# effort would Cust %e a futile, cosmetic exercise, for, in no time at all,

the 0anila a water &ualit would again deteriorate %elow the ideal minimum standards set % PD11?4, R" 24@?, and other relevant laws! It thus %ehooves the -ourt to #ut the heads of the

#etitioner.de#artment.agencies and the %ureaus and offices under them on continuing notice a%out,

and to enCoin them to #erform, their mandates and duties towards cleaning u# the 0anila a and

#reserving the &ualit of its water to the ideal level! ;nder what other Cudicial disci#line descri%es as

continuing mandamus,6:87 the -ourt ma, under extraordinar circumstances, issue directives with

the end in view of ensuring that it s decision would not %e set to naught % administrative inaction or

indifference! In India, the doctrine of continuing mandamus was used to enforce directives of the

court to clean u# the length of the anges River from industrial and munici#al #ollution!6:@7

The -ourt can ta(e Cudicial notice of the #resence of shanties and other unauthori/ed structures

which do not have se#tic tan(s along the Pasig.0ari(ina.San $uan Rivers, the National -a#ital

Region )N-R* )Paraa&ue.a#ote, 3as Pias* Rivers, the Navotas.0ala%on.Tullahan.TeneCeros

Rivers, the 0ecuaan.0arilao.O%ando )ulacan* Rivers, the Talisa )ataan* River, the Imus

)-avite* River, the 3aguna De a, and other minor rivers and connecting waterwas, river %an(s,

and esteroswhich discharge their waters, with all the accom#aning filth, dirt, and gar%age, into themaCor rivers and eventuall the 0anila a! If there is one factor res#onsi%le for the #ollution of the

maCor river sstems and the 0anila a, these unauthori/ed structures would %e on to# of the

list! "nd if the issue of illegal or unauthori/ed structures is not seriousl addressed with sustained

resolve, then #racticall all efforts to cleanse these im#ortant %odies of water would %e for

naught! The D+NR Secretar said as much!6:57

iving urgent dimension to the necessit of removing these illegal structures is "rt! ?1 of PD 1>8@

or the Gater -ode,6:27 which #rohi%its the %uilding of structures within a given length along %an(s of

rivers and other waterwas! "rt! ?1 reads<

T)* ans o 4*s an st*as an t)* s)o*s o t)* s*as and la(es t)oug)out t)*4 *nt4**ngt) an @4t)4n a on* o t)** FB *t*s 4n uan a*as, twent )4>* meters in agricultural

areas and fort )9>* meters in forest areas, along their margins, are su*+t to t)* *as**nt o/u4+ us* 4n t)* 4nt**st o *+*at4on, na4gat4on, oatag*, 4s)4ng an saag*. No /*son

s)a * ao@* to sta- 4n t)4s on* longer than what is necessar for recreation, navigation,

floatage, fishing or salvage or to u4 stu+tu*s o an- 4n. )+m#hasis added!*

$udicial notice ma li(ewise %e ta(en of factories and other industrial esta%lishments standing along

or near the %an(s of the Pasig River, other maCor rivers, and connecting waterwas! ut while the

ma not %e treated as unauthori/ed constructions, some of these esta%lishments undou%tedl

contri%ute to the #ollution of thePasig River and waterwas! The DI3 and the concerned 3;s,

have, accordingl, the dut to see to it that non.com#ling industrial esta%lishments set u#, within a

reasona%le #eriod, the necessar waste water treatment facilities and infrastructure to #revent their

industrial discharge, including their sewage waters, from flowing into the Pasig River, other maCor

rivers, and connecting waterwas! "fter such #eriod, non.com#ling esta%lishments shall %e shut

down or as(ed to transfer their o#erations!

"t this Cuncture, and if onl to dramati/e the urgenc of the need for #etitioners.agencies to com#l

with their statutor tas(s, we cite the "sian Develo#ment an(.commissioned stud on the gar%age

#ro%lem in 0etro 0anila, the results of which are em%odied in the -he arba$e Boo4 ! "s there

re#orted, the gar%age crisis in the metro#olitan area is as alarming as it is shoc(ing! Some highlights

of the re#ort<

1! "s earl as 4>>:, three land.filled dum#sites in 0etro 0anila . t he Paatas, -atmon and

Rodri&ue/ dum#sites . generate an alarming &uantit of lead and leachate or li&uid run.off! 3eachate

are toxic li&uids that flow along the surface and see# i nto the earth and #oison the surface and

groundwater that are used for drin(ing, a&uatic life, and the environment!

4! The high level of f ecal coliform confirms the #resence of a large amount of human waste in the

dum# sites and surrounding areas, which is #resuma%l generated % households that lac(alternatives to sanitation! To sa that 0anila a needs reha%ilitation is an understatement!

:! 0ost of the deadl leachate, lead and other dangerous contaminants and #ossi%l strains of

#athogens see#s untreated into ground water and runs into the 0ari(ina andPasig River sstems

and 0anila a!69>7

iven the a%ove #ers#ective, sufficient sanitar landfills should now more than ever %e esta%lished

as #rescri%ed % the +cological Solid Gaste 0anagement "ct )R" 2>>:*! Particular note should %e

ta(en of the %latant violations % some 3;s and #ossi%l the 00D" of Sec! :@, re#roduced %elow<

Sec! :@! Prohibition a$ainst the 9se of pen umps for Solid :aste!No o#en dum#s shall %e

esta%lished and o#erated, nor an #ractice or dis#osal of solid waste % an #erson, including 3;s

which 6constitute7 the use of o#en dum#s for solid waste, %e allowed after the effectivit of t his "ct<

Provided, further that no +onto* u/s s)a * ao@* F5 -*as oo@4ng t)* **+t44t- o

t)4s A+t! )+m#hasis added!*




















R" 2>>: too( effect on Fe%ruar 1?, 4>>1 and the adverted grace #eriod of five )?* ears which

ended on Fe%ruar 41, 4>>8 has come and gone, %ut no single sanitar landfill which strictl

com#lies with the #rescri%ed standards under R" 2>>: has et %een set u#!

In addition, there are ram#ant and re#eated violations of Sec! 95 of R" 2>>:, li(e littering, dum#ing

of waste matters in roads, canals, esteros, and other #u%lic #laces, o#eration of o#en dum#s, o#en

%urning of solid waste, and the li(e! Some sludge com#anies which do not have #ro#er dis#osal

facilities sim#l discharge sludge into the 0etro 0anila sewerage sstem that ends u# in

the 0anila a! +&uall una%ated are violations of Sec! 4@ of R" 24@?, which enCoins the #ollution of

water %odies, groundwater #ollution, dis#osal of infectious wastes from vessels, and unauthori/edtrans#ort or dum#ing into sea waters of sewage or solid waste and of Secs! 9 and 1>4 of R" 5??>

which #roscri%es the introduction % human or machine of su%stances to the a&uatic environment

including dum#ingLdis#osal of waste and other marine litters, discharge of #etroleum or residual

#roducts of #etroleum of car%onaceous materialsLsu%stances 6and other7 radioactive, noxious or

harmful li&uid, gaseous or solid su%stances, from an water, land or air trans#ort or other human.

made structure!

In the light of the ongoing environmental degradation, the -ourt wishes to em#hasi/e the extreme

necessit for all concerned executive de#artments and agencies to immediatel act and discharge

their res#ective official duties and o%ligations! Indeed, time is of the essenceA hence, there is a need

to set timeta%les for the #erformance and com#letion of the tas(s, some of them as defined for them

% law and the nature of their res#ective offices and mandates!

The im#ortance of the 0anila a as a sea resource, #laground, and as a historical landmar(

cannot %e over.em#hasi/ed! It is not et too late in the da to restore the 0anila a to its formers#lendor and %ring %ac( the #lants and sea life that once thrived in its %lue waters! ut the tas(s

ahead, daunting as the ma %e, could onl %e accom#lished if t hose mandated, with the hel# and

coo#eration of all civic.minded individuals, would #ut their minds to these t as(s and ta(e

res#onsi%ilit! This means that the State, through #etitioners, has to ta(e the lead in the #reservation

and #rotection of the 0anila a!

The era of delas, #rocrastination, and ad hoc measures is over! Petitioners must transcend their

limitations, real or imaginar, and %uc(le down to wor( %efore the #ro%lem at hand %ecomes

unmanagea%le! Thus, we must reiterate that different government agencies and instrumentalities

cannot shir( from their mandatesA the must #erform their %asic functions in cleaning u# and

reha%ilitating the 0anila a! Ge are distur%ed % #etitioners hiding %ehind two untena%le claims<

)1* that there ought to %e a s#ecific #ollution incident %efore the are re&uired to actA and )4* that the

cleanu# of the %a is a discretionar dut!

R" 2>>: is a swee#ing #iece of legislation enacted to radicall transform and im#rove wastemanagement! It im#lements Sec! 18, "rt! II of the 125@ -onstitution, which ex#licitl #rovides that

the State shall #rotect and advance the right of the #eo#le to a %alanced and healthful ecolog in

accord with the rhthm and harmon of nature!

So it was that in posa v. 6actoran! &r. the -ourt stated that the right to a %alanced and healthful

ecolog need not even %e written in the -onstitution f or it is assumed, li(e other civil and #olit ical

rights guaranteed in the ill of Rights, to exist from the ince#tion of man(ind and it is an issue of

transcendental im#ortance with intergenerational im#lications!6917 +ven assuming the a%sence of a

categorical legal #rovision s#ecificall #rodding #etitioners to clean u# the %a, the and the men

and women re#resenting them cannot esca#e their o%ligation to future generations of Fili#inos t o

(ee# the waters of the 0anila a clean and clear as humanl as #ossi%le! "nthing less would %e a%etraal of the trust re#osed in them!

7$ERE&ORE, the #etition is DENIED! The Se#tem%er 45, 4>>? Decision of the -" in -".!R! -V

No! @8?45 and SP No! @9299 and the Se#tem%er 1:, 4>>4 Decision of the RT- in -ivil -ase No!

15?1.22 are A&&IRMED %ut with MODI&ICATION' in view of su%se&uent develo#ments or

su#ervening events in the case!The fallo of the RT- Decision shall now read<

GE+R+FOR+, Cudgment is here% rendered ordering the a%ovenamed defendant.government

agencies to clean u#, reha%ilitate, and #reserve 0anila a, and restore and maintain its waters to

S level )-lass sea waters #er Gater -lassification Ta%les under D+NR "dministrative Order No!

:9 6122>7* to ma(e them fit for swimming, s(in.diving, and other forms of contact recreation!

In #articular<

)1* Pursuant to Sec! 9 of +O 124, assigning the D+NR as the #rimar agenc res#onsi%le for theconservation, management, develo#ment, and #ro#er use of the countrs environment and natural

resources, and Sec! 12 of R" 24@?, designating the D+NR as the #rimar government agenc

res#onsi%le for its enforcement and im#lementation, the D+NR is directed to full im#lement

its perational Plan for the Manila Ba "oastal Strate$ for the reha%ilitation, restoration, and

conservation of the 0anila a at the earliest #ossi%le time! It is ordered to call regular coordination

meetings with concerned government de#artments and agencies to ensure the successful

im#lementation of the aforesaid #lan of action in accordance with its indicated com#letion schedules!

)4* Pursuant to Title II )3ocal overnment* of the "dministrative -ode of 125@ and Sec! 4? of the

3ocal overnment -ode of 1221,6947 the DI3, in exercising the Presidents #ower of general

su#ervision and its dut to #romulgate guidelines in esta%lishing waste management #rograms

under Sec! 9: of the Phili##ine +nvironment -ode )PD 11?4*, shall direct all 3;s in 0etro 0anila,

Ri/al, 3aguna, -avite, ulacan, Pam#anga, and ataan to ins#ect all factories, commercial

esta%lishments, and #rivate homes along the %an(s of the maCor river sstems in their res#ective

areas of Curisdiction, such as %ut not limited to the Pasig.0ari(ina.San $uan Rivers, the N-R)Paraa&ue.a#ote, 3as Pias* Rivers, the Navotas.0ala%on.Tullahan.TeneCeros Rivers, the

0ecauaan.0arilao.O%ando )ulacan* Rivers, the Talisa )ataan* River, the Imus )-avite* River,











the 3aguna De a, and other minor rivers and waterwas that eventuall discharge water into the

0anila aA and the lands a%utting the %a, to determine whether the have wastewater treatment

facilities or hgienic se#tic tan(s as #rescri%ed % existing laws, ordinances, and rules and

regulations! If none %e found, these 3;s shall %e ordered to re&uire non.com#ling esta%lishments

and homes to set u# said facilities or se#tic tan(s within a reasona%le time to #revent industrial

wastes, sewage water, and human wastes from flowing into these rivers, waterwas, esteros, and

the 0anila a, under #ain of closure or im#osition of fines and other sanctions!

):* "s mandated % Sec! 5 of R" 24@?, 69:7 the 0GSS is directed to #rovide, install, o#erate, and

maintain the necessar ade&uate waste water treatment facilities in 0etro 0anila, Ri/al, and -avitewhere needed at the earliest #ossi%le time!

)9* Pursuant to R" 24@?,6997 the 3G;", through the local water districts and in coordination with the

D+NR, is ordered to #rovide, install, o#erate, and maintain sewerage and sanitation facilities and the

efficient and safe collection, treatment, and dis#osal of sewage in the #rovinces of 3aguna, -avite,

ulacan, Pam#anga, and ataan where needed at the earliest #ossi%le time!

)?* Pursuant to Sec! 8? of R" 5??>, 69?7 the D", through the F"R, is ordered to im#rove and restore

the marine life of the 0anila a! It is also directed to assist the 3;s in 0etro 0anila, Ri/al, -avite,

3aguna, ulacan, Pam#anga, and ataan in develo#ing, using recogni/ed methods, the fisheries

and a&uatic resources in the0anila a!

)8* The P-, #ursuant to Secs! 9 and 8 of PD 2@2, and the PNP 0aritime rou#, in accordance

with Sec! 149 of R" 5??>, in coordination with each other, shall a##rehend violators of PD 2@2, R"

5??>, and other existing laws and regulations designed to #revent marine #ollution inthe 0anila a!

)@* Pursuant to Secs! 4 and 8.c of +O ?1: 6987 and the International -onvention for the Prevention of

Pollution from Shi#s, the PP" is ordered to immediatel ado#t such measures to #revent the

discharge and dum#ing of solid and li&uid wastes and other shi#.generated wastes into

the 0anila a waters from vessels doc(ed at #orts and a##rehend the violators!

)5* The 00D", as the lead agenc and im#lementor of #rograms and #roCects for flood control

#roCects and drainage services in 0etro 0anila, in coordination with the DPGE, DI3, affected

3;s, PNP 0aritime rou#, Eousing and ;r%an Develo#ment -oordinating -ouncil )E;D--*, and

other agencies, shall dismantle and remove all structures, constructions, and other encroachments

esta%lished or %uilt in violation of R" @4@2, and other a##lica%le laws along the Pasig.0ari(ina.San

$uan Rivers, the N-R )Paraa&ue.a#ote, 3as Pias* Rivers, the Navotas.0ala%on.Tullahan.

TeneCeros Rivers, and connecting waterwas and esteros in 0etro 0anila! The DPGE, as the

#rinci#al im#lementor of #rograms and #roCects for flood control services in the rest of the countrmore #articularl in ulacan, ataan, Pam#anga, -avite, and 3aguna, in coordination with the DI3,

affected 3;s, PNP 0aritime rou#, E;D--, and other concerned government agencies, shall

remove and demolish all structures, constructions, and other encroachments %uilt in %reach of R"

@4@2 and other a##lica%le laws along the 0ecauaan.0arilao.O%ando )ulacan* Rivers, the

Talisa )ataan* River, the Imus )-avite* River, the 3aguna De a, and other rivers, connecting

waterwas, and esteros that discharge wastewater into the 0anila a!

In addition, the 00D" is ordered to esta%lish, o#erate, and maintain a sanitar landfill, as

#rescri%ed % R" 2>>:, within a #eriod of one )1* ear from finalit of this Decision! On matters

within its territorial Curisdiction and in connection with the discharge of its duties on the maintenance

of sanitar landfills and li(e underta(ings, it is also ordered to cause the a##rehension and filing of

the a##ro#riate criminal cases against violators of the res#ective #enal #rovisions of R" 2>>:,69@7 Sec! 4@ of R" 24@? )the -lean Gater "ct*, and other existing laws on #ollution!

)2* The DOE shall, as directed % "rt! @8 of PD 1>8@ and Sec! 5 of R" 24@?, within one )1* ear

from finalit of this Decision, determine if all licensed se#tic and sludge com#anies have the #ro#er

facilities for the treatment and dis#osal of fecal sludge and sewage coming from se#tic tan(s! The

DOE shall give the com#anies, if found to %e non.com#ling, a reasona%le time within which to set

u# the necessar facilities under #ain of cancellation of its environmental sanitation clearance!

)1>* Pursuant to Sec! ?: of PD 11?4,6957 Sec! 115 of R" 5??>, and Sec! ?8 of R" 2>>:, 6927 the De#+d

shall integrate lessons on #ollution #revention, waste management, environmental #rotection, and

li(e su%Cects in the school curricula of all levels to inculcate in the minds and hearts of students and,

through them, their #arents and friends, the im#ortance of their dut toward achieving and

maintaining a %alanced and healthful ecosstem in the 0anila a and the entire Phili##inearchi#elago!

)11* The D0 shall consider incor#orating an ade&uate %udget in the eneral "##ro#riations "ct of

4>1> and succeeding ears to cover the ex#enses relating to the cleanu#, restoration, and

#reservation of the water &ualit of the 0anila a, in line with the countrs develo#ment o%Cective to

attain economic growth in a manner consistent with the #rotection, #reservation, and revival of our

marine waters!

)14* The heads of #etitioners.agencies 00D", D+NR, De#+d, DOE, D", DPGE, D0, P-, PNP

0aritime rou#, DI3, and also of 0GSS, 3G;", and PP",in line with the #rinci#le of continuing

mandamus, shall, from finalit of this Decision, each su%mit to the -ourt a &uarterl #rogressive

re#ort of the activities underta(en in accordance with this Decision!

No costs!

'O ORDERED.
























DIGE'T'

MMDA . Con+*n* R*s4*nts o Man4a 3a-

C)*st* Caaa *+o*ns )4s 4s4tos to /*as* *a t)* o4g4na < u t*?t o t)* +as* +4t*.;4* ?4*H

.R. +os. 1;12<;0<= ecember 1=! 3>>=

METROPO#ITAN MANI#A DE(E#OPMENT A%T$ORIT", DEPARTMENT O& EN(IRONMENT ANDNAT%RA# RE'O%RCE', DEPARTMENT O& ED%CATION, C%#T%RE AND 'PORT', DEPARTMENTO& $EA#T$, DEPARTMENT O& AGRIC%#T%RE, DEPARTMENT O& P%3#IC 7OR!' AND$IG$7A"', DEPARTMENT O& 3%DGET AND MANAGEMENT, P$I#IPPINE COA'T G%ARD,P$I#IPPINE NATIONA# PO#ICE MARITIME GRO%P, an DEPARTMENT O& T$E INTERIOR AND#OCA# GO(ERNMENT, /*t4t4on*s,s.CONCERNED RE'IDENT' O& MANI#A 3A", */*s*nt* an o4n* - DI(INA (. I#A', 'A3INIANOA#3ARRACIN, MAN%E# 'ANTO', JR., DINA$ DE#A PEA, PA%# DENNI' %INTERO, MA.(ICTORIA ##ENO', DONNA CA#O:A, &ATIMA %ITAIN, (ENICE 'EGARRA, &RIT:IE TANG!IA,'ARA$ JOE##E #INTAG, $ANNI3A# A%G%'T%' 3O3I', &E#IMON 'ANTIAG%E#, an J AIMEAG%'TIN R. OPO'A, *s/on*nts.

+N "N-

-he need to address environmental pollution! as a cause of climate chan$e! has of late $ained theattention of the international communit. Media have finall trained their si$hts on the ill effects of pollution!the destruction of forests and other critical habitats! oil spills! and the unabated improper disposal of$arba$e. And ri$htl so! for the ma$nitude of environmental destruction is no5 on a scale fe5 ever

foresa5 and the 5ound no lon$er simpl heals b itself. But amidst hard evidence and clear si$ns of aclimate crisis that need bold action! the voice of cnicism! nasaers! and procrastinators can still beheard.

-his case turns on $overnment a$encies and their officers 5ho! b the nature of their respective offices orb direct statutor command! are tas4ed to protect and preserve! at the first instance! our internal 5aters!rivers! shores! and seas polluted b human activities. -o most of these a$encies and their officialcomplement! the pollution menace does not seem to carr the hi$h national priorit it deserves! if theirtrac4 records are to be the norm. -heir cavalier attitude to5ards solvin$! if not miti$atin$! theenvironmental pollution problem! is a sad commentar on bureaucratic efficienc and commitment.

At the core of the case is the Manila Ba! a place 5ith a proud historic past! once brimmin$ 5ith marine lifeand! for so man decades in the past! a spot for different contact recreation activities! but no5 a dirt andslo5l din$ expanse mainl because of the ab?ect official indifference of people and institutions that could have other5ise made a difference.

&a+ts

On $anuar 42, 1222, res#ondents -oncerned Residents of 0anila a filed a com#laint %efore theRegional Trial -ourt )RT-* in Imus, -avite against several government agencies, for the cleanu#,reha%ilitation, and #rotection of the 0anila a!

The com#laint alleged that the water &ualit of the 0anila a had fallen wa %elow the allowa%lestandards set % law, s#ecificall Presidential Decree No! )PD* 11?4 or the Phili##ine +nvironment -ode!

In their individual causes of action, res#ondents alleged that the continued neglect of #etitioners in a%atingthe #ollution of the 0anila a constitutes a violation of, among others<

)1* Res#ondents constitutional right to life, health, and a %alanced ecologA

)4* The +nvironment -ode )PD 11?4*A

):* The Pollution -ontrol 3aw )PD 259*A

)9* The Gater -ode )PD 1>8@*A

)?* The Sanitation -ode )PD 5?8*A

)8* The Illegal Dis#osal of Gastes Decree )PD 54?*A

)@* The 0arine Pollution 3aw )PD 2@2*A

)5* +xecutive Order No! 124A

)2* The Toxic and Ea/ardous Gastes 3aw )Re#u%lic "ct No! 8282*A

)1>* -ivil -ode #rovisions on nuisance and human relationsA

)11* The Trust Doctrine and the Princi#le of uardianshi#A and

)14* International 3aw

Inter alia, res#ondents, as #laintiffs a &uo, #raed that #etitioners %e ordered to clean the 0anila a andsu%mit to the RT- a concerted concrete #lan of action for the #ur#ose!

Issu*s

a* Ghether or not #ertinent #rovisions of the +nvironment -ode )PD 11?4* relate onl to the cleaning ofs#ecific #ollution incidents and do not cover cleaning in general!

%* Ghether or not the cleaning of the 0anila a is not a ministerial act which can %e com#elled %mandamus!

$*

Re$ional -rial "ourt@s rder to "lean 9p and Rehabilitate Manila Ba

On Se#tem%er 1:, 4>>4, the RT- rendered a Decision in favor of res#ondents! Finding merit in thecom#laint, the -ourt ordered defendant.government agencies, Cointl and solidaril, to clean u# and

reha%ilitate 0anila a and restore its waters to S classification to ma(e it fit for swimming, s(in.divingand other forms of contact recreation!



To attain this, defendant.agencies, with defendant D+NR as the lead agenc, are directed, within six )8*months from recei#t hereof, to act and #erform their res#ective duties % devising a consolidated,coordinated and concerted scheme of action for the reha%ilitation and restoration of the %a!

In particular

Defendant 0GSS is directed to install, o#erate and maintain ade&uate 6sewerage7 treatment facilities instrategic #laces under its Curisdiction and increase their ca#acities!

Defendant 3G;", to see to it that the water districts under its wings, #rovide, construct and o#eratesewage facilities for the #ro#er dis#osal of waste!

Defendant D+NR, which is the lead agenc in cleaning u# 0anila a, to install, o#erate and maintainwaste facilities to rid the %a of toxic and ha/ardous su%stances!

Defendant PP", to #revent and also to treat the discharge not onl of shi#.generated wastes %ut also ofother solid and li&uid wastes from doc(ing vessels that contri%ute to the #ollution of the %a!

Defendant 00D", to esta%lish, o#erate and maintain an ade&uate and a##ro#riate sanitar landfill andLorade&uate solid waste and li&uid dis#osal as well as other alternative gar%age dis#osal sstem such as re.use or reccling of wastes!

Defendant D", through the ureau of Fisheries and "&uatic Resources, to revitali/e the marine life in0anila a and restoc( its waters with indigenous fish and other a&uatic animals!

Defendant D0, to #rovide and set aside an ade&uate %udget solel for the #ur#ose of cleaning u# andreha%ilitation of 0anila a!

Defendant DPGE, to remove and demolish structures and other nuisances that o%struct the free flow of

waters to the %a! These nuisances discharge solid and li&uid wastes which eventuall end u# in 0anilaa! "s the construction and engineering arm of the government, DPGE is ordered to activel #artici#atein removing de%ris, such as carcass of sun(en vessels, and other non.%iodegrada%le gar%age in the %a!

Defendant DOE, to closel su#ervise and monitor the o#erations of se#tic and sludge com#anies andre&uire them to have #ro#er facilities for the treatment and dis#osal of fecal sludge and sewage comingfrom se#tic tan(s!

Defendant D+-S, to inculcate in the minds and hearts of the #eo#le through education the im#ortance of#reserving and #rotecting the environment!

Defendant Phili##ine -oast uard and the PNP 0aritime rou#, to #rotect at all costs the 0anila a fromall forms of illegal fishing!

-he "ourt of Appeals Sustained the R-"@s ecision

The 0GSS, 3ocal Gater ;tilities "dministration )3G;"*, and PP" filed %efore the -ourt of "##eals )-"*individual Notices of "##eal! On the other hand, the D+NR, De#artment of Pu%lic Gor(s and Eighwas

)DPGE*, 0etro#olitan 0anila Develo#ment "uthorit )00D"*, Phili##ine -oast uard )P-*, Phili##ineNational Police )PNP* 0aritime rou#, and five other executive de#artments and agencies filed directlwith this -ourt a #etition for review under Rule 9?!

In the light of the ongoing environmental degradation, the -ourt wishes to em#hasi/e the extremenecessit for all concerned executive de#artments and agencies to immediatel act and discharge theirres#ective official duties and o%ligations! Indeed, time is of the essenceA hence, there is a need to settimeta%les for the #erformance and com#letion of the tas(s, some of them as defined for them % law andthe nature of their res#ective offices and mandates!

The im#ortance of the 0anila a as a sea resource, #laground, and as a historical landmar( cannot %eover.em#hasi/ed! It is not et too late in the da to restore the 0anila a to its former s#lendor and %ring%ac( the #lants and sea life that once thrived in its %lue waters! ut the tas(s ahead, daunting as the ma%e, could onl %e accom#lished if those mandated, with the hel# and coo#eration of all civic.minded

individuals, would #ut their minds to these tas(s and ta(e res#onsi%ilit! This means that the State, through#etitioners, has to ta(e the lead in the #reservation and #rotection of the 0anila a!

So it was that in posa v. 6actoran! &r. the -ourt stated that the right to a %alanced and healthful ecologneed not even %e written in the -onstitution for it is assumed, li(e other civil and #olitical rights guaranteedin the ill of Rights, to exist from the ince#tion of man(ind and it is an issue of transcendental im#ortancewith intergenerational im#lications! +ven assuming the a%sence of a categorical legal #rovision s#ecificall#rodding #etitioners to clean u# the %a, the and the men and women re#resenting them cannot esca#etheir o%ligation to future generations of Fili#inos to (ee# the waters of the 0anila a clean and clear ashumanl as #ossi%le! "nthing less would %e a %etraal of the trust re#osed in them!

a Decision of Se#tem%er 45, 4>>?, the -" denied #etitioners a##eal and affirmed the Decision of theRT- in toto, stressing that the trial courts decision did not re&uire #etitioners to do tas(s outside of theirusual %asic functions under existing laws!



MA;IMO CA#A#ANG s A. D. 7I##IAM', ET A#.,

G.R. No. =8>00 D*+** 2, 19=0

Do+t4n* 'o+4a Just4+*

3";R+3, $!<

&a+ts

The National Traffic -ommission, in its resolution of $ul 1@, 129>, resolved to recommend to the Directorof the Pu%lic Gor(s and to the Secretar of Pu%lic Gor(s and -ommunications that animal.

drawn vehicles %e #rohi%ited from #assing along the following for a #eriod of one ear from the date of the

o#ening of the -olgante ridge to traffic<

1* Rosario Street extending from Pla/a -alderon de la arca to Dasmarias

Street from @<:>"m to 14<:> #m and from 1<:> #m to ?:> #mA and

4* along Ri/al "venue extending from the railroad crossing at "nti#olo Street to

+chague Street from @ am to 11#m

The -hairman of the National Traffic -ommission on $ul 15, 129> recommended to the Director of Pu%lic

Gor(s with the a##roval of the Secretar of Pu%lic Gor(s the ado#tion of

thethemeasure #ro#osed in the resolution aforementioned in #ursuance of the #rovisions of the-ommonw

ealth "ct No! ?95 which authori/es said Director with the a##roval from theSecretar of the Pu%lic Gor(s and -ommunication to #romulgate rules and regulations to regulate and

control the use of and traffic on national roads!

On "ugust 4, 129>, the Director recommended to the Secretar the a##roval of the recommendations

made % the -hairman of the National Traffic -ommission with modifications! The Secretar of Pu%lic

Gor(s a##roved the recommendations on "ugust 1>,129>! The 0aor of 0anila and the "cting -hief of

Police of 0anila have enforced and caused to %e enforced the rules and regulation! "s a conse&uence, all

animal.drawn vehicles are not allowed to #ass and #ic( u# #assengers in the #laces a%ove mentioned to

the detriment not onl of their owners %ut of the riding #u%lic as well!

Issu*s<

1* Ghether the rules and regulations #romulgated % the res#ondents #ursuant to the #rovisions of

-ommonwealth "ct NO! ?95 constitute an unlawful inference with legitimate %usiness or trade and

a%ridged the right to #ersonal li%ert and freedom of locomotion

4* Ghether the rules and regulations com#lained of infringe u#on the constitutional #rece#t regarding

the #romotion of social Custice to insure the well.%eing and economic securit of all the #eo#le

$*

1* No! The #romulgation of the "ct aims to #romote safe transit u#on and avoid o%structions on national

roads in the interest and convenience of the #u%lic! In enacting said law, the National "ssem%l was

#rom#ted % considerations of #u%lic convenience and welfare! It was ins#ired % the desire to relieve

congestion of traffic, which is a menace to the #u%lic safet! Pu%lic welfare lies at the %ottom of the

#romulgation of the said law and the state in order to #romote the general welfare ma interfere with

#ersonal li%ert, with #ro#ert, and with %usiness and occu#ations! Persons and #ro#ert ma %e su%Cect to

all (inds of restraints and %urdens in order to secure the general comfort, health, and #ros#erit of the

State! To this fundamental aims of the government, the rights of the individual are su%ordinated! 3i%ert is

a %lessing which should not %e made to #revail over authorit %ecause societ will fall into anarch! Neither should authorit %e made to #revail over li%ert %ecause then the individual will fall into slaver! The

#aradox lies in the fact that the a##arent curtailment of li%ert is #recisel the ver means of insuring its

#reserving!

4* No! Social Custice is neither communism, nor des#otism, nor atomism, nor anarch,U %ut the

humani/ation of laws and the e&uali/ation of social and economic forces % the State so that Custice in its

rational and o%Cectivel secular conce#tion ma at least %e a##roximated! Social Custice means the

#romotion of the welfare of all the #eo#le, the ado#tion % the overnment of measures calculated to

insure economic sta%ilit of all the com#etent elements of societ, through the maintenance of a #ro#er

economic and social e&uili%rium in the interrelations of the mem%ers of the communit, constitutionall,

through the ado#tion of measures legall Custifia%le, or extra.constitutionall, through the exercise of

#owers underling the existence of all governments on the time.honored #rinci#les of salus #o#uli

estsu#rema lex!

Social Custice must %e founded on the recognition of the necessit of interde#endence among divers and

diverse units of a societ and of the #rotection that should %e e&uall and evenl extended to all grou#s as

a com%ined force in our social and economic life, consistent with the fundamental and #aramount o%Cective

of the state of #romoting health, comfort and &uiet of all #ersons, and of %ringing a%out the greatest good

to the greatest num%er!U



Cas* 3*nao N#RC, G.R. No. 122918, Ju- 12, 1999

ANG NANG"ARI "ng (asong ito a inihain ng 9: em#leadong ma (a#ansanan ng dating Far +ast an( and Trust

-om#an! Sila a tinanggal sa tra%aho ng Far +ast sa (adahilanang ang #osisong (anilang hinahawa(an

a hindi na (ina(ailangan #ara sa #ang araw.araw na o#erason ng %ang(o!

Nagum#isang (umuha ng mga em#leagong #i#i at %ingi ang Far +ast noong taong 1255, nag#atulo ito

hanggang taong 122:! "on sa Far +ast ang #ag(uha ng mga em#leadong ma (a#ansanan a sa

(adahilanan na din ng #a(iusa# ng ilang mga taong nagnanais na tulungan ang mga nasa%ing em#leado!

"ng mga #etitioner sa (asong ito a lumagda sa isang (ontrata na tinalaga ng Far +ast na +m#loment

-ontract for Eandica##ed Gor(ersU! Na(asaad sa nasa%ing (ontrata na sila a (inu(uhang em#leado ng

Far +ast %ilang mone sorters at counters! Na(asaad din sa (ontratang #inirmahan nila na ang (anilang

(ara#atan %ilang em#leado ng %ang(o a %ase lamang sa (ung ano ang #inirmahan nila at na(asaad sa

(ontrata at wala ng i%a! 0ali%an dito, na(asaad din na %ilang isang accommodatedU or i#ina(iusa#

lamang na em#leado ng %an(o, ang (anilang estado a hindi (a#areha ng isang regular na em#leado!

Dahil dito, di gaa ng isang regular na em#leado wala silang (ara#atan sa se#aration #a at i%a #ang

%ene#isong tinatamasa ng isang regular na em#leado gaa ng seguridad sa hana#%uha o ng

(ara#atang hindi matanggal sa tra%aho ng walang dahilan!

TANONGung maaari %a silang maging regular na em#leado na ma (au(ulang %ene#iso

'AGOT

Oo, ang isang em#leadong nagling(od ng mahigit sa anim na %uwan sa isang #osisong (ina(ailangan at(anais.nais #ara sa (um#ana a itinuturing ng %atas na regular na em#leado %agamat ang (ontratang

#inirmahan nila a nagsasa%i na ang (anang estado a #ro%ationar em#loee lamang!

"ng anumang na(asulat sa %atas at sa 3a%or -ode ng Pili#inas a itinuturing din na na(asulat sa %awat

(ontratang #ini#irmahan ng isang em#leado! Sa (adahilanang ito, %agamat nasusulat sa (ontratang

#inirmahan ng isang accommodationU em#loee na sa a isang #ro%ationar em#loee lamang at hindi

maaaring maging regular na em#leado mata#os magling(od ng mahigit sa anim na %uwan sa a

ituturing na ng %atas na regular na em#leado!

"on sa R" @4@@ o ang 0agna -arta for Disa%led Persons ang isang &ualified dia%led #ersonU a

(ailangang %igan ng #arehong (ara#atan sa isang &ualified a%led #ersonU!

"numan ang rason sa #agtangga# sa isang em#leado, maging awa man ito o dahil lamang sa

#inag%igan ang hiling ng isang tao, ang nasa%ing em#leado a magiging regular #a din %ase sa (lase

ng tra%ahong (anang ginagam#anan at sa ha%a ng #anahon ng (anang #agliling(od sa (um#ana!

ilang mga mone sorter at counter ang #agiging #i#i at %ingi ng mga nagha%lang em#leado a hindi

naging hadlang u#ang magam#anan nila ng maaos ang (anilang tung(ulin, sa gaun (ara#at.da#atlamang na sila a ma%igan ng %ene#isong (ara#at.da#at sa isang regular na em#leado!

Sa (adahilanang ang #agtanggal sa (anila ng Far +ast a walang lehitimong rason, sila a %ini%igan ng

(ara#atan #ara sa %ac(wages o sweldong hindi na%iga magmula ng sila a matanggal hanggang sa

#ag%i%iga ng hatol sa (aso at se#aration #a! agamat 9: ang nagha%la, 4@ lang ang %inigan ng (orte

ng estadong regular em#loee sa (adahilangan ang 18 na nagha%la a hindi #a nagliling(od ng mahigit sa

8 na %uwan ng sila a matanggal!

G.R. No. 122918 MARITE' 3ERNARDO *t a. s. N#RCT$IRD DI(I'ION PANGANI3AN,

$!

Da-o, J*o* D*a CuJu- 12, 1999 '*4*s 8&ACT'

The 9: #etitioners are deaf.mutes who were hired on various #eriods from 1255 to 122: % res#ondent

Far +astan( and Trust -o! as 0one Sorters and -ounters through a uniforml worded agreement called

B+m#loment -ontractfor Eandica##ed Gor(ersB! The said agreement #rovides for the manner of how

the are hired and %e rehired, the amountof their wages )P115!>> #er da*, #eriod of em#loment )? das

a wee(, 5 hours a da, training for 1 month, 8 months#eriod* and the manner and methods of how their

wor(s are to %e done )Sort out %ills according to colorA -ount eachdenomination #er hundred, either

manuall or with the aid of a counting machineA Gra# and la%el %ills #er hundredA Putthe wra##ed %ills into

%undlesA and Su%mit %undled %ills to the %an( teller for verification!* 0an of their em#lomentswere

renewed ever six months! -laiming that the should %e considered as regular em#loees the filed a

com#laint for illegal dismissal and recover of various %enefits!

3a%or ar%iters decision< com#laint is dismissed for lac( of merit )the terms of the contract shall %e the law

%etween the

#arties!*! "ffirmed % the N3R- )"rt! 45> is not controlling herein %ut "rt! 5>* )the 0agna -arta for

Disa%led Persons wasnot a##lica%le, Bconsidering the #revailing circumstances of the case!B* and denied

motion for reconsideration!

I''%E'

Does #etitioners considered as regular em#loees

#A7

"rt!@5 5> of the 3a%or -ode and the 0agna -arta for Disa%led Persons!

R%#ING "*s.

The #etition is meritorious! Eowever, onl the em#loees, who wor(ed for more than six months and

whosecontracts were renewed are deemed regular! Eence, their dismissal from em#loment was

illegal!The sti#ulations in the em#loment contracts indu%ita%l conform with "rticle 5>, however, the

a##lication of "rticle 45> of the 3a%or -ode is Custified %ecause of the advent of R" No! @4@@ )the 0agna

-arta for Disa%led Persons* whichmandates that a &ualified disa%led em#loee should %e given the same



terms and conditions of em#loment as a &ualifieda%le.%odied #erson )com#ensation, #rivileges, %enefits,

fringe %enefits, incentives or allowances* 4@ of the #etitioners areconsidered regular em#loees %

#rovision of law regardless of an agreement %etween the #arties as em%odied in article45> in relation to

article 451 of the 3a%or -ode!The test is whether the former is usuall necessar or desira%le in the usual

%usiness or trade of the em#loer! Eence, theem#loment is considered regular, %ut onl with res#ect to

such activit, and while such activit exist! Githout a dou%t, thetas( of counting and sorting %ills is

necessar and desira%le to the %usiness of res#ondent %an(!Ghen the %an( renewed the contract after

the la#se of the six.month #ro%ationar #eriod, the em#loees there% %ecameregular em#loees! No

em#loer is allowed to determine indefinitel the fitness of its em#loees! Those who have wor(edfor onl

8 months and em#loments were not renewed are not considered regular em#loees!

OPINION

The -ourt correctl finds that 4@ of the handica##ed wor(ers are regular em#loees! The test is whether

theactivit is usuall necessar or desira%le in the usual %usiness or trade of the em#loer! The

em#loment is consideredregular, %ut onl with res#ect to such activit, and while such activit exist!

Githout a dou%t, the tas( of counting andsorting %ills is necessar and desira%le to the %usiness of

res#ondent %an(! "s regular em#loees, the twent.seven#etitioners are entitled to securit of tenureA that

is, their services ma %e terminated onl for a Cust or authori/ed cause!

$00 PRO0OTION "ND 0"N"+0+NT, IN-! v! -" 48> S-R" :12 "ugust ?, 1228 )-"S+ DI+ST*

CON'TIT%TIONA# #A7 II

JMM PROMOTION AND MANAGEMENT, INC., an !AR" INTERNATIONA# INC., /*t4t4on*, .$ONORA3#E CO%RT O& APPEA#', $ON. MA. NIE(E' CON&E''OR, t)*n '*+*ta- o t)*

D*/at*nt o #ao an E/o-*nt, $ON. JO'E 3RI##ANTE', 4n )4s +a/a+4t- as a+t4ng'*+*ta- o t)* D*/at*nt o #ao an E/o-*nt an $ON. &E#ICI'IMO JO'ON, 4n )4s+a/a+4t- as A4n4stato o t)* P)44//4n* O*s*as E/o-*nt A4n4stat4on, *s/on*nts.

G.R. No. 120095. August 5, 1996

!AP%NAN, J.

&ACT'

The Federation of +ntertainment Talent 0anagers of the Phili##ines )F+T0OP for %revit* filed a class suit

on $anuar 4@, 122? assailing that the De#artment Order No! : which esta%lishes various #rocedures and

re&uirements for screening #erforming artists under a new sstem of training, testing, certification and

de#loment of the former and other related issuance, #rinci#all contending that the said orders,

1!*violated the constitutional right to travelA 4!* a%ridged existing contracts for em#lomentA and :!*

de#rived individual artists of their licenses without due #rocess of law! F+T0OP also averred that the

issuance of the "rtist Record oo( )"R* was discriminator and illegal and in gross violation of the

constitutional right to life li%ert and #ro#ert! F+T0OP #raed for the issuance of the writ of #reliminar

inCunction against the orders!

$00 Promotion and 0anagement, Inc! )$00 for %revit* and ar International, Inc! )ar for %revit* filed

a motion for intervention in the civil case which was granted % the trial court on Fe%ruar 1?, 122?!

Eowever, on Fe%ruar 41, 122?, the trial court issued an order dening #etitioner's #raer for writ of

#reliminar inCunction and dismissed the com#liant! "n a##eal was made to the trial court regarding its

decision %ut it was also however, dismissed! "s a conse&uences, "R re&uirement was issed! The -ourt

of "##eals u#held the trial court's decision and concluded that the said issuance constituted a validexercise of Police #ower!

I''%E

Ghether or not the the said issuance is a valid exercise of Police Power!

R%#ING

Jes, the "R re&uirement and &uestioned De#artment Order related to its issuance were issued % the

Secretar of 3a%or #ursuant to a valid exercise of Police Power % the State! The #ro#er regulation of a

#rofession, calling, %usiness or trade has alwas %een u#held as a legitimate su%Cect of a valid exercise of

#olice #ower % the state #articularl when their conduct afffects either the execution of a

legitimate governmental functions, the #reservation of the State, the #u%lic health and welfare and #u%lic

morals! "ccording to the maxim sic utere tuo ut alienum non laedas )use our #ro#ert in such a fashion

so as to not distur% others* it must of course %e within the legitimate range of legislative action to define

the mode and manner in which ever one ma so use his own #ro#ert so as not to #ose inCur to himself

or others!

In an case, where the li%ert curtailed affects at most the right of #ro#ert, the #ermissi%le sco#e of

regulator measures is certainl much wider! To #retend that licensing or accreditation re&uirements

violates due #rocess clause is to ignore the settled #ractice, under the mantle of the #olice #ower, of

regulating entr to the #ractice of various trades or #rofession! Professional leaving for a%road are re&uired

to #ass rigid written and #ractical exams %efore the are deemed fit to #ractice their trade! It is not claimed

that these re&uirements #ose an unwarranted de#rivation of a #ro#ert right under the due #rocess clause!

So long as #rofessionals and other wor(ers meet reasona%le regulator standards no such de#rivation

exists!

&ACT' Due to the death of one 0aricris Sioson in 1221, -or %anned the de#loment of #erforming

artists to $a#an and other destinations! This was relaxed however with the introduction of the

+ntertainment Industr "dvisor -ouncil which later #ro#osed a #lan to PO+" to screen and train

#erforming artists see(ing to go a%road! In #ursuant to the #ro#osal PO+" and the secretar of DO3+sought a 9 ste# #lan to reali/e the #lan which included an "rtists Record oo( which a #erforming artist

must ac&uire #rior to %eing de#loed a%road! The Federation of Talent 0anagers of the Phili##ines



assailed the validit of the said regulation as it violated the right to travel, a%ridge existing contracts and

rights and de#rives artists of their individual rights! $00 intervened to %olster the cause of F+T0OP! The

lower court ruled in favor of +I"-!

I''%E Ghether or not the regulation % +I"- is valid!

$E#D The S- ruled in favor of the lower court! The regulation is a valid exercise of #olice #ower! Police

#ower concerns government enactments which #recisel interfere with #ersonal li%ert or #ro#ert in order

to #romote the general welfare or the common good! "s the assailed De#artment Order enCos a

#resumed validit, it follows that the %urden rests u#on #etitioners to demonstrate that the said order,

#articularl, its "R re&uirement, does not enhance the #u%lic welfare or was exercised ar%itraril orunreasona%l! The welfare of Fili#ino #erforming artists, #articularl the women was #aramount in the

issuance of De#artment Order No! :! Short of a total and a%solute %an against the de#loment of

#erforming artists to high ris(U destinations, a measure which would onl drive recruitment further

underground, the new scheme at the ver least rationali/es the method of screening #erforming artists %

re&uiring reasona%le educational and artistic s(ills from them and limits de#loment to onl those

individuals ade&uatel #re#ared for the un#redicta%le demands of em#loment as artists a%road! It cannot

%e gainsaid that this scheme at least lessens the room for ex#loitation % unscru#ulous individuals and

agencies!

A sua- o t)* at4+*s o t)* %N Con*nt4on on t)* R4g)ts o P*sons @4t) D4sa44t4*s

At4+* 1 Pu/os*

The #ur#ose of the -onvention is to #romote, #rotect and ensure the full enComent of all human rights and

fundamental freedoms % all #ersons with disa%ilities!Peo#le with disa%ilities include those who have long.

term #hsical, mental, intellectual or sensor im#airments which, in interaction with various %arriers, ma

hinder their full and effective #artici#ation in societ on an e&ual %asis with others!

At4+* 2 D*4n4t4ons

This article defines some of the (e terms used in the -onvention including communicationUA languageUA

discrimination on the %asis of disa%ilitUA reasona%le accommodationU and universal designU!

At4+* B G*n*a /4n+4/*s

The -onvention is %ased on the #rinci#les of res#ect for dignitA non.discriminationA #artici#ation and

inclusionA res#ect for differenceA e&ualit of o##ortunitA accessi%ilitA e&ualit %etween men and womenA

and res#ect for children!

At4+* = G*n*a o4gat4ons

-ountries must ta(e a range of measures, with the active involvement of #eo#le with disa%ilities, to ensure

and #romote the full reali/ation of all human rights and fundamental freedoms for all #ersons with

disa%ilities without discrimination of an (ind!

At4+* 5 EKua4t- an non4s+44nat4on

+verone is e&ual %efore and under the law! +verone is entitled to the e&ual #rotection and %enefit of the

law without discrimination!

At4+* 6 7o*n @4t) 4sa44t4*s

Gomen and girls with disa%ilities ex#erience multi#le discrimination! -ountries must ta(e all a##ro#riate

measures to ensure that women with disa%ilities are a%le to full enCo the rights and freedoms set out inthe -onvention!

At4+* 8 C)4*n @4t) 4sa44t4*s

-hildren with disa%ilities have the same human rights as all other children! The %est interests of the child

must %e a #rimar consideration in all actions concerning children with disa%ilities! -hildren with disa%ilities

have the right to ex#ress their views on all matters affecting them

At4+* > A@a*n*ssa4s4ng

-ountries must raise awareness of the rights, ca#a%ilities and contri%utions of #eo#le with disa%ilities!

-ountries must challenge stereot#es and #reCudices relating to #eo#le with disa%ilities through

cam#aigning, education, media and awareness.raising #rogrammes!

At4+* 9 A++*ss444t-

Peo#le with disa%ilities have the right to access all as#ects of societ on an e&ual %asis with others

including the #hsical environment, trans#ortation, information and communications, and other facilities

and services #rovided to the #u%lic!

At4+* 10 R4g)t to 4*

Peo#le with disa%ilities have the right to life! -ountries must ta(e all necessar measures to ensure that

#eo#le with disa%ilities are a%le to effectivel enCo this right on an e&ual %asis with others!

At4+* 11 '4tuat4ons o 4s an )uan4ta4an **g*n+4*s

-ountries must ta(e all necessar measures to ensure the #rotection and safet of all #ersons with

disa%ilities in situations of ris(, including armed conflict, humanitarian emergencies and natural disasters!

At4+* 12 EKua *+ogn4t4on *o* t)* a@



Peo#le with disa%ilities have the right to recognition as #ersons %efore the law! Peo#le with disa%ilities

have legal ca#acit on an e&ual %asis with others in all as#ects of life!-ountries must ta(e a##ro#riate

measures to #rovide su##ort to #eo#le with disa%ilities so that the can effectivel exercise their legal

ca#acit!

At4+* 1B A++*ss to ust4+*

Peo#le with disa%ilities have the right to effective access to Custice on an e&ual %asis with others, including

through the #rovision of a##ro#riate accommodations!

At4+* 1= #4*t- an s*+u4t- o /*son

Peo#le with disa%ilities have the right to li%ert and securit of #erson on an e&ual %asis with others!

+xistence of disa%ilit alone cannot %e used to Custif de#rivation of li%ert!

At4+* 15 &**o o totu* o +u*, 4n)uan o*ga4ng t*at*nt o /un4s)*nt

Peo#le with disa%ilities have the right to %e free from torture and from cruel, inhuman or degrading

treatment or #unishment! No one shall %e su%Cected to medical or scientific ex#erimentation without his or

her free consent!

At4+* 16 &**o o *?/o4tat4on, 4o*n+* an aus*

Peo#le with disa%ilities have the right to %e #rotected from all forms of ex#loitation, violence and a%use,

including their gender %ased as#ects, within and outside the home!

At4+* 18 Pot*+t4ng t)* 4nt*g4t- o t)* /*son

+ver #erson with disa%ilities has a right to res#ect for his or her #hsical and mental integrit on an e&ual

%asis with others!

At4+* 1> #4*t- o o**nt an nat4ona4t-

Peo#le with disa%ilities have the right to a nationalit! -hildren with disa%ilities have the right to a name

and to (now and %e cared for % their #arents!

At4+* 19 #44ng 4n*/*n*nt- an *4ng 4n+u* 4n t)* +oun4t-

Peo#le with disa%ilities have the right to live inde#endentl in the communit! -ountries must ensure that

#eo#le with disa%ilities have the o##ortunit to choose where the live and with whom the live, and that

the are #rovided with the su##ort necessar to do this!

At4+* 20 P*sona o44t-

-ountries must ta(e effective and a##ro#riate measures to ensure #ersonal mo%ilit for #eo#le with

disa%ilities in the manner and time of their choice, and at afforda%le cost! Peo#le with disa%ilities also have

the right to access &ualit mo%ilit aids, assistive technologies and forms of live assistance and

intermediaries!

At4+* 21 &**o o *?/*ss4on an o/4n4on, an a++*ss to 4noat4on

Peo#le with disa%ilities have the right to ex#ress themselves, including the freedom to give and receive

information and ideas through all forms of communication, including through accessi%le formats and

technologies, sign languages, raille, augmentative and alternative communication, mass media and all

other accessi%le means of communication!

At4+* 22 R*s/*+t o /4a+-

Peo#le with disa%ilities have the right to #rivac! Information a%out #eo#le with disa%ilities including

#ersonal information and information a%out their health should %e #rotected!

At4+* 2B R*s/*+t o )o* an t)* a4-

Peo#le with disa%ilities have the right to marr and to found a famil! -ountries must #rovide effective and

a##ro#riate su##ort to #eo#le with disa%ilities in %ringing u# children, and #rovide alternative care to

children with disa%ilities where the immediate famil is una%le to care for them!

At4+* 2= Eu+at4on

Peo#le with disa%ilities have a right to education without discrimination! -ountries must ensure that #eo#le

with disa%ilities can access an inclusive, &ualit and free #rimar and secondar education in their own

communit!-ountries must also #rovide reasona%le accommodation and individualised su##ort to

maximise academic and social develo#ment!

At4+* 25 $*at)

Peo#le with disa%ilities have the right to the enComent of the highest attaina%le standard of health without

discrimination! -ountries must ta(e all a##ro#riate measures, including measures that are gender.

sensitive, to ensure that #eo#le with disa%ilities have access to the same range, &ualit and standard of

health care that is availa%le to everone else,and which are close to #eo#les own communities!

At4+* 26 $a44tat4on an *)a44tat4on

-ountries must ta(e effective and a##ro#riate measures to ena%le #eo#le with disa%ilities to develo#,

attain and maintain maximum a%ilit, inde#endence and #artici#ation through the #rovision of ha%ilitation

and reha%ilitation services and #rogrammes!

At4+* 28 7o an */o-*nt



Peo#le with disa%ilities have the right to wor(, including the right to wor( in an environment that is o#en,

inclusive and accessi%le! -ountries must ta(e a##ro#riate ste#s to #romote em#loment o##ortunities and

career advancement for #eo#le with disa%ilities!

At4+* 2> A*Kuat* stana o 44ng an so+4a /ot*+t4on

Peo#le with disa%ilities have the right to an ade&uate standard of living including food, water, clothing and

housing, and to effective social #rotection including #overt reduction and #u%lic housing #rogrammes!

At4+* 29 Pat4+4/at4on 4n /o4t4+a an /u4+ 4*

Peo#le with disa%ilities have the right to #artici#ate in #olitics and in #u%lic affairs, as well as to vote and to

%e elected!

At4+* B0 Pat4+4/at4on 4n +utua 4*, *+*at4on, *4su* an s/ot

Peo#le with disa%ilities have the right to ta(e #art in cultural life on an e&ual %asis with others, including

access to cultural materials, #erformances and services, and to recreational, leisure and s#orting activities!

At4+* B1 'tat4st4+s an ata +o*+t4on

-ountries must collect information a%out #eo#le with disa%ilities, with the active involvement of #eo#le with

disa%ilities, so that the can %etter understand the %arriers the ex#erience and ma(e the -onvention

rights real!

At4+*s B250

"rticles :4.?> ex#lain how countries which are %ound % the -onvention must give it full effect! The also

ex#lain the res#onsi%ilit of countries to re#ort to the ;nited Nations -ommittee on the Rights of Persons

with Disa%ilities on how the are #utting the -onvention into effect!

cases chap 4 consti

Documents