Buck v. Bell 274 U.S.

200 FACTS: Carrie Buck is a feeble minded white woman who was committed to the State Colony Epileptics and Feeble Minded. She is the daughter of a feeble minded mother in the same institution, and the mother of an illegitimate feeble minded child. She was eighteen years old at the time of the trial of her case in the latter part of 1924. An Act of Virginia, approved March 20, 1924, recites that the health of the patient and the welfare of society may be promoted in certain cases by the sterilization of mental defectives, under careful safeguard, that the sterilization may be effected in males by vasectomy and in females by salpingectomy, without serious pain or substantial danger to life; that the Commonwealth is supporting in various institutions many defective persons who, if now discharged, would become a menace, but, if incapable of procreating, might be discharged with safety and become self-supporting with benefit to themselves and to society, and that experience has shown that heredity plays an important part in the transmission of insanity, imbecility, etc. The statute then enacts that, whenever the superintendent of certain institutions, including the above-named State Colony, shall be of opinion that it is for the best interests of the patients and of society that an inmate under his care should be sexually sterilized, he may have the operation performed upon any patient afflicted with hereditary forms of insanity, imbecility, etc., on complying with the very careful provisions by which the act protects the patients from possible abuse. ISSUE: Whether or not the said statute authorizing compulsory sterilization of the mentally retarded denies the due process and equal protection of the laws. HELD: The procedure can be no doubt had the due process of law. Carrie Buck is the probable potential parent of socially inadequate offspring, likewise afflicted, the she may be sexually sterilized without detriment to her general health, and that her welfare and that of society will be promoted by her sterilization. We have seen more than once that the public welfare may call upon the best citizens for their lives. It is better for all the world if, instead of waiting to execute degenerate offspring for crime or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. XXXXXXX Facts of the Case : Carrie Buck was a feeble minded woman who was committed to a state mental institution. Her condition had been present in her family for the last three generations. A Virginia law allowed for the sexual sterilization of inmates of institutions to promote the "health of the patient and the welfare of society." Before the procedure could be performed, however, a hearing was required to determine whether or not the operation was a wise thing to do. Question

Did the Virginia statute which authorized sterilization deny Buck the right to due process of the law and the equal protection of the laws as protected by the Fourteenth Amendment? Conclusion The Court found that the statute did not violate the Constitution. Justice Holmes made clear that Buck's challenge was not upon the medical procedure involved but on the process of the substantive law. Since sterilization could not occur until a proper hearing had occurred (at which the patient and a guardian could be present) and after the Circuit Court of the County and the Supreme Court of Appeals had reviewed the case, if so requested by the patient. Only after "months of observation" could the operation take place. That was enough to satisfy the Court that there was no Constitutional violation. Citing the best interests of the state, Justice Holmes affirmed the value of a law like Virginia's in order to prevent the nation from "being swamped with incompetence . . . Three generations of imbeciles are enough." ERMITA-MALATE HOTEL & MOTEL OPERATORS v. CITY MAYOR OF MANILA G.R. No. L-24693 October 23, 1967 Facts: The petitioners filed a petition for prohibition against Ordinance No. 4760 for being violative of the due process clause, contending that said ordinance is not only arbitrary, unreasonable or oppressive but also vague, indefinite and uncertain, and likewise allege the invasion of the right to privacy and the guaranty against self-incrimination. Ordinance No. 4760 proposes to check the clandestine harboring of transients and guests of these establishments by requiring these transients and guests to fill up a registration form, prepared for the purpose, in a lobby open to public view at all times, and by introducing several other amendatory provisions calculated to shatter the privacy that characterizes the registration of transients and guests." Moreover, the increase in the licensed fees was intended to discourage "establishments of the kind from operating for purpose other than legal" and at the same time, to increase "the income of the city government." The lower court ruled in favor of the petitioners. Hence, the appeal. Issue: Whether or not Ordinance No. 4760 is unconstitutional Held: No. The mantle of protection associated with the due process guaranty does not cover petitioners. This particular manifestation of a police power measure being specifically aimed to safeguard public morals is immune from such imputation of nullity resting purely on conjecture and unsupported by anything of substance. To hold otherwise would be to unduly restrict and narrow the scope of police power which has been properly characterized as the most essential, insistent and the least limitable of powers,4 extending as it does "to all the great public needs."

It would be, to paraphrase another leading decision, to destroy the very purpose of the state if it could be deprived or allowed itself to be deprived of its competence to promote public health, public morals, public safety and the general welfare. Negatively put, police power is that inherent and plenary power in the State which enables it to prohibit all that is hurt full to the comfort, safety, and welfare of society. On the legislative organs of the government, whether national or local, primarily rest the exercise of the police power, which, it cannot be too often emphasized, is the power to prescribe regulations to promote the health, morals, peace, good order, safety and general welfare of the people. In view of the requirements of due process, equal protection and other applicable constitutional guaranties however, the exercise of such police power insofar as it may affect the life, liberty or property of any person is subject to judicial inquiry. Where such exercise of police power may be considered as either capricious, whimsical, unjust or unreasonable, a denial of due process or a violation of any other applicable constitutional guaranty may call for correction by the courts. The Court reversed the judgment of the lower court and lifted the injuction on the Ordinance in question. Liberty is a blessing without which life is a misery, but liberty should not be made to prevail over authority because then society will fall into anarchy. Neither should authority be made to prevail over liberty because then the individual will fall into slavery. In Ermita-Malate Hotel and Motel Operations Association, Inc., v. Hon. City Mayor of Manila (1967) upheld the validity a City Ordinance requiring patrons to fill up a prescribed form stating personal information such as name, gender, nationality, age, address and occupation before they could be admitted to a motel, hotel or lodging house. ERMITA-MALATE HOTEL AND MOTEL OPERATORS ASSOCIATION V. CITY OF MANILA 20 SCRA 849 Wednesday, January 21, 2009 Posted by Coffeeholic Writes Labels: Case Digests, Political Law Facts: The principal question in this appeal from a judgment of the lower court in an action for prohibition is whether Ordinance No. Of the City of Manila is violating of due process clause. It was alleged that Sec. 1 of the challenged ordinance is unconstitutional and void for being unreasonable and violate of due process insofar as it would impose P6T fee per annum for first class motels and P4,500 for second class motels, that Sec. 2, prohibiting a person less than 18 years from being accepted in such hotels, motels, lodging houses, tavern or common inn unless accompanied by parents or a lawful guardian and making it unlawful for the owner, manager, keeper or duly authorized representative of such establishments to lease any room or portion thereof more than twice every 24 hours runs counter to due process guaranty for lack of certainty and for its unreasonable, arbitrary and oppressive character.

Issue: Whether or not the ordinance is violative of the due process clause? Held: A Manila ordinance regulating the operation of hotels, motels and lodging houses is a police measure specifically aimed to safeguards public morals. As such it is immune from any imputation of nullity resting purely on conjecture and unsupported by anything of substance. To hold otherwise would be to unduly restrict and narrow the scope of police power which has been properly characterized as the most essential, insistent and the less limitable of powers extending as it does to all great p public needs. Much discretion is given to municipal corporations in determining the amount of license fees to be imposed for revenue. The mere fact that some individuals in the community may be deprived of their present business or a particular mode of earning a living cannot prevent the exercise of police power. There is no controlling and precise definition of due process. It furnishes though a standard to which governmental action should conform in order that deprivation of life, liberty or property, in each appropriate case, be valid. The standard of due process which must exist both as a procedural and as substantive requisite to free the challenged ordinance, or any governmental action for that matter, from imputation of legal infirmity is responsiveness to the supremacy of reason, obedience to the dictates of justice. It would be an affront to reason to stigmatize an ordinance enacted precisely to meet what a municipal lawmaking body considers an evil of rather serious proportions as an arbitrary and capricious exercise of authority. What should be deemed unreasonable and what would amount to an abduction of the power to govern is inaction in the face of an admitted deterioration of the state of public morals. The provision in Ordinance No. 4760 of the City of Manila, making it unlawful for the owner, manager, keeper or duly authorized representative of any hotel, motel, lodging house, tavern or common inn or the like, to lease or rent any room or portion thereof more than twice every 24 hours, with a proviso that in all cases full payment shall be charged, cannot be viewed as a transgression against the command of due process. The prohibition is neither unreasonable nor arbitrary, because there appears a correspondence between the undeniable existence of an undesirable situation and the legislative attempt at correction. Moreover, every regulation of conduct amounts to curtailment of liberty, which cannot be absolute. Mississippi ex Rel. Robertson v. Miller, 276 U.S. 174 (1928) Argued January 20, 1928 Decided February 20, 1928

1. After services have been rendered by a public officer under a law specifying his compensation, there arises an implied contract under which he is entitled to have the amount so fixed. P. 276 U. S. 179. 2. The protection of the Contract Clause of the federal Constitution extends to such contracts. Id. 3. Relator, while a revenue agent in Mississippi, brought suits for recovery of past due taxes, and, by the law then in force, was thereupon entitled to a specified percentage of the taxes, payable upon their collection, and was authorized, upon his retirement, to prosecute the suits in the name of his successor. An Act passed after his retirement which authorized any suits brought by an outgoing agent to be conducted in the name of his successor upon petition of the latter showing to the court that he had investigated its merits and believed that it was just and should be maintained, and which provided that the commissions derived from such suits, when the successor had thus joined therein, should be shared equally between him and his predecessor, was construed retroactively by the state court as requiring that commissions due the relator from the suits brought by him should be so shared, albeit the successor had performed no services in the matters beyond receiving payment of the taxes from the taxpayers. Held violative of the relator's rights under the Contract Clause of the Constitution. P. 276 U. S. 178. 144 Miss. 614 reversed. Error to a judgment of the Supreme Court of Mississippi which affirmed a judgment giving the relator but one-half of the amount of certain commissions claimed as compensation for services rendered by him as a revenue agent in investigating and suing for past due taxes. This suit was against his successor in office, to whom the taxes had been paid. ERROR TO THE SUPREME COURT OF MISSISSIPPI. Mr. Stokes V. Robertson, with whom Mr. Thos. H. Johnston was on the brief, for plaintiff in error. Messrs. Marion W. Reily and J.H. Sumrall were on the brief for defendant in error.

defendant on account of past due taxes for which plaintiff while in office had brought suits. Plaintiff claims under statutory provisions that were in force while he was in office, and defendant claims under the Act here in question, which was passed after the expiration of plaintiff's term. Section 7056 of the Code authorized the state Revenue Agent to appoint deputies and to sue for past due taxes. Section 7066 declared: "Neither the state, nor any county, municipality, or levee board shall be chargeable with any fees or expenses on account of any investigation or suit made or instituted by the state revenue agent; and he shall not receive any salary; but he shall be entitled to retain, as full compensation for his services and expenses, twenty per centum of all amounts collected and paid over by him . . .". Section 7068 directed the successor to allow suits theretofore commenced to be conducted in his name and provided that "the person who commenced the suit shall pay all attorney's fees and expenses thereof, and receive the commissions if any." Acting under these sections, plaintiff appointed deputies to assist in making collections and agreed to pay them one-half the commissions allowed by law. He employed [ 276 U.S. 1 76 ] an attorney to bring suits and agreed to pay him one-fourth of such commissions. There remained a fourth for plaintiff, five per cent of the amounts collected. Certain suits which were brought by plaintiff to collect past due income taxes and privileges taxes, were pending when his term expired. He notified defendant of the agreements he had made with his deputies and attorney. Some amounts sued for remained unpaid until after the passage of c. 170 on February 29, 1924. That Act amends 7068. Section 1 authorizes every suit brought by the outgoing agent and then pending to be conducted in the name of the successor upon the motion and petition of the latter directed to the court showing that he has investigated its merits and believes it is just and should be maintained; and the section declares that contracts of the former agent with his attorneys and employees shall be binding on the successor. Section 2 provides that "the expenses of all suits where the successor of the revenue agent has joined therein as above provided shall be paid by them equally and all fees and commissions legally derived therefrom shall be shared equally between them." After the passage of that Act, there was paid by various taxpayers to the defendant $9,784.07, on account of past due taxes claimed in suits brought by plaintiff. It does not appear that defendant took any step to have any of these suits carried on; but, claiming to be entitled to a part of them under c. 170, he refused to pay over the commissions for the use of plaintiff, his deputies and attorney. Then plaintiff brought this suit to recover five per cent. of the amount so collected by defendant, that being the portion of the commissions remaining for him after deducting the amounts which his deputies and attorney were entitled to have under their agreements with him. The Circuit Court gave plaintiff judgment for one-half the amount sued for. He appealed to the Supreme Court, and there contended that if applied in this case

[ 276 U.S. 1 75 ] MR. JUSTICE BUTLER delivered the opinion of the Court. The record presents for decision the question whether as applied in this case, c. 170, Laws 1924, amending 7068 of Hemmingway's Annotated Code of Mississippi contravenes the clause of 10 of Art. 1 of the Constitution which declares that no State shall pass any law impairing the obligation of contracts. The suit was brought by the State in the Circuit Court of Hinds County for the use of Robertson, hereinafter called plaintiff, who in 1923 and prior years had been the state Revenue Agent. It is against his immediate successor in office, Miller, whom we shall call defendant, and the surety on his official bond. The purpose is to recover commissions on certain amounts collected by

[ 276 U.S. 1 77 ] c. 170 would impair the contract obligation of the State that he be paid for services rendered before its enactment, and would therefore violate the contract clause of the Federal Constitution. The court overruled his contention, applied the enactment retroactively, and affirmed the judgment. 144 Miss. 614. If c. 170 had not been passed, plaintiff, his deputies and attorney would have been entitled to twenty per cent of the amounts collected by defendant. Under the statutes in force in 1923, the commissions were earned by the investigation to discover past due taxes and the institution of suits to coerce delinquent taxpayers, and such commissions became payable upon the collection of taxes sued for. In its opinion in this case, the Supreme Court said (p. 623): "It is the law, as contended by appellant, that, where the revenue agent brings a suit for taxes due the state or any of its political subdivisions, and afterwards the taxes are paid by the defendant taxpayer, the revenue agent is entitled to the commissions allowed him by the statute." Citing Garrett v. Robertson, 120 Miss. 731. Robertson v. Shelton, 127 Miss. 360. Miller v. Henry, 139 Miss. 651. Miller v. Johnson, 144 Miss. 201. And c. 170 did not operate to take from plaintiff's deputies and attorney any part of their shares of the commissions. Miller v. Johnson grew out of the suits and collections that form the basis of this case. Johnson [Johnston] was the attorney who brought plaintiff's suits against taxpayers. He sued Miller, defendant here, and was given judgment for his five per cent of the amounts collected. The Supreme Court decided that under c. 170 Miller was authorized to prosecute the suits brought by plaintiff; that the taxes sued for having been paid, it must be held that there was merit in the suits and that those employed by plaintiff were entitled to compensation under their contracts. Cf. Miller v. Hay, 143 Miss. 471. [ 276 U.S. 1 78 ] The state court had to determine whether defendant was entitled to one-half the commissions remaining after deducting the shares of plaintiff's deputies and attorney. Plaintiff was authorized under 7068, before amendment, to carry on in the name of his successor the suits he had commenced, and was required to pay all expenses. In the absence of c. 170, defendant would have had no authority in respect of the suits. That enactment authorized the Revenue Agent to look into the merits of pending suits brought by his predecessor and "submit to the courts in which the same were pending the question whether such suits should be prosecuted or not." [144 Miss. 626.] In the interval between the bringing of the suits by plaintiff and payments by taxpayers to defendant, the legislature conferred on his successor an authority not theretofore given; and, apparently deeming the contemplated services to be necessary and valuable, declared that expenses should be borne and commissions divided equally between the Revenue Agent who brought the suit and his successor. The Act did not empower defendant to do anything upon which plaintiff's right to the

commissions depended. It authorized something not contemplated by the statute in effect when plaintiff brought the suits and became entitled to the commissions. As it does not appear that defendant took any step authorized by c. 170, presumably the collections resulted from the bringing of the suits without more. See Johnson v. Miller, supra. Garrett v. Robertson, supra, 743. As applied by the state courts, the new law operated to take part of the commissions earned by plaintiff and to hand it over to his successor on account of an unexerted authority to apply to the court to have the suits carried on a step never before deemed necessary or contemplated in connection with collections of such taxes. It is well understood that the contract clause does not limit the power of a State during the terms of its officers to pass and give effect to laws prescribing for the [ 276 U.S. 1 79 ] future the duties to be performed by, or the salaries or other compensation to be paid to, them. Butler v. Pennsylvania, 10 How. 402. But after services have been rendered by a public officer under a law specifying his compensation, there arises an implied contract under which he is entitled to have the amount so fixed. And the constitutional protection extends to such contracts just as it does to those specifically expressed. The selection of plaintiff to be the Revenue Agent amounted to a request or direction by the State that he exert the authority and discharge all the duties of that office. In the performance of services so required of him plaintiff made the investigations and brought the suits to discover and collect the delinquent taxes. Under the statutes then in force as construed by the highest court of the State, he thereupon became entitled to the specified percentages of the amounts subsequently collected on account of the taxes sued for. The retroactive application of c. 170 would take from him a part of the amount that he had theretofore earned. That would impair the obligation of the implied contract under which he became entitled to the commissions. This case is ruled by Fisk v. Jefferson Police Jury,116 U.S. 131.

Head of Office. It must be emphasized that RA 3019 was enacted as a police power of the State to promote morality in public service. According to Morfe, since such provision bares the financial condition of the public officer upon assumption of office, it is violative of due process as it is an oppressive exercise of police power and an unlawful invasion of the constitutional rights to privacy, unreasonable searches and seizures as well as self incrimination. The raison d etre of S7 RA 3019 to determine whether after assuming public position, the public officer has accumulated assets grossly disproportionate to his reported income. Exec. Sec. Mutuc upheld the validity of AO 334 as well as RA 3019. When a government official accepts a public position, he voluntarily opens himself to public scrutiny including his personal affairs. Private life cannot be segregated from public office. CFI held S7 of RA 3019/ periodical submission of SAL to be unconstitutional as it is an invasion of liberty protected by due process clause. ISSUE: WON periodical submission of sworn SAL is an invasion of liberty protected by due process clause? RULING. NO. RA 3019 is valid and constitutional. The reason why the law was enacted was to curtail/minimize opportunities for official corruption and maintaining a standard of honesty in the public service and to promote morality in the public service. Public service is a public trust. To satisfy due process, however, official acts must not outrun the bonds of reason and result in sheer oppression. It must be free from arbitrariness. It is not within the province of the court to supervise legislation and keep it within the bonds of propriety and common sense. Rubi Vs Prov of Mindoro G.R. No. L-14078 Facts: This is an application for habeas corpus in favor of Rubi and other Manguianes of the Province of Mindoro. The provincial board of Mindoro adopted resolution No. 25 which states that provincial governor of any province in which nonChristian inhabitants (uncivilized tribes) are found is authorized, when such a course is deemed necessary in the interest of law and order, to direct such inhabitants to take up their habitation on sites on unoccupied public lands to be selected by him and approved by the provincial board. It is resolved that under section 2077 of the Administrative Code, 800 hectares of public land in the sitio of Tigbao on Naujan Lake be selected as a site for the permanent settlement of Mangyanes in Mindoro. Further, Mangyans may only solicit homesteads on this reservation providing that said homestead applications are previously recommended by the provincial governor. Thereafter, the provincial governor of Mindoro issued executive order No. 2, which says that the provincial governor has selected a site in the sitio of Tigbao on Naujan Lake for the permanent

G.R. No. L-20387

January 31, 1968

JESUS P. MORFE, plaintiff-appellee, vs. AMELITO R. MUTUC, as Executive Secretary, ET AL., defendants-appellants.
RA 3019 (Anti-Graft and Corrupt Practices Act) MORFE VS. MUTUC FACTS: Morfe was a public official who questioned AO 334 in connection with Section 7 of RA 3019, which provides that every public officer should submit a sworn statement of assets and liabilities (SAL) either within 30 days upon assumption of office and within the month of January every succeeding year to the

settlement of Mangyanes in Mindoro. In that case, pursuant to Section 2145 of the Revised Administrative Code, all the Mangyans in the townships of Naujan and Pola and the Mangyans east of the Baco River including those in the districts of Dulangan and Rubi's place in Calapan, were ordered to take up their habitation on the site of Tigbao, Naujan Lake. Also, that any Mangyan who shall refuse to comply with this order shall upon conviction be imprisoned not exceed in sixty days, in accordance with section 2759 of the revised Administrative Code. Said resolution of the provincial board of Mindoro were claimed as necessary measures for the protection of the Mangyanes of Mindoro as well as the protection of public forests in which they roam, and to introduce civilized customs among them. It appeared that Rubi and those living in his rancheria have not fixed their dwelling within the reservation of Tigbao and are liable to be punished. It is alleged that the Manguianes are being illegally deprived of their liberty by the provincial officials of that province. Rubi and his companions are said to be held on the reservation established at Tigbao, Mindoro, against their will, and one Dabalos is said to be held under the custody of the provincial sheriff in the prison at Calapan for having run away form the reservation. Issues: (1) Whether or Not Section 2145 of the Administrative Code deprive a person of his liberty without due process of law. (2) Whether or Not Section 2145 of the Administrative Code of 1917 is constitutional. Held: The Court held that section 2145 of the Administrative Code does not deprive a person of his liberty without due process of law and does not deny to him the equal protection of the laws, and that confinement in reservations in accordance with said section does not constitute slavery and involuntary servitude. The Court is further of the opinion that section 2145 of the Administrative Code is a legitimate exertion of the police power, somewhat analogous to the Indian policy of the United States. Section 2145 of the Administrative Code of 1917 is constitutional. The preamble of the resolution of the provincial board of Mindoro which set apart the Tigbao reservation, it will be read, assigned as reasons fort the action, the following: (1) The failure of former attempts for the advancement of the non-Christian people of the province; and (2) the only successfully method for educating the Manguianes was to oblige them to live in a permanent settlement. The Solicitor-General adds the following; (3) The protection of the Manguianes; (4) the protection of the public forests in which they roam; (5) the necessity of introducing civilized customs among the Manguianes. Considered purely as an exercise of the police power, the courts cannot fairly say that the Legislature has exceeded its rightful

authority. It is, indeed, an unusual exercise of that power. But a great malady requires an equally drastic remedy. One cannot hold that the liberty of the citizen is unduly interfered without when the degree of civilization of the Manguianes is considered. They are restrained for their own good and the general good of the Philippines. Nor can one say that due process of law has not been followed. None of the rights of the citizen can be taken away except by due process of law. To constitute "due process of law," as has been often held, a judicial proceeding is not always necessary. In some instances, even a hearing and notice are not requisite a rule which is especially true where much must be left to the discretion of the administrative officers in applying a law to particular cases. The idea of the provision in question is to unify the people of the Philippines so that they may approach the highest conception of nationality. The public policy of the Government of the Philippine Islands is shaped with a view to benefit the Filipino people as a whole. The Manguianes, in order to fulfill this governmental policy, must be confined for a time, as we have said, for their own good and the good of the country. Therefore, petitioners are not unlawfully imprisoned or restrained of their liberty. Habeas corpus can, therefore, not issue.

place in Calapan, were ordered to take up their habitation on the site of Tigbao, Naujan Lake. Also, that any Mangyan who shall refuse to comply with this order shall upon conviction be imprisoned not exceed in sixty days, in accordance with section 2759 of the revised Administrative Code. Said resolution of the provincial board of Mindoro were claimed as necessary measures for the protection of the Mangyanes of Mindoro as well as the protection of public forests in which they roam, and to introduce civilized customs among them. It appeared that Rubi and those living in his rancheria have not fixed their dwelling within the reservation of Tigbao and are liable to be punished. It is alleged that the Manguianes are being illegally deprived of their liberty by the provincial officials of that province. Rubi and his companions are said to be held on the reservation established at Tigbao, Mindoro, against their will, and one Dabalos is said to be held under the custody of the provincial sheriff in the prison at Calapan for having run away form the reservation. Issue: Whether or Not Section 2145 of the Administrative Code deprives a person of his liberty pf abode. Thus, WON Section 2145 of the Administrative Code of 1917 is constitutional. Held: The Court held that section 2145 of the Administrative Code does not deprive a person of his liberty of abode and does not deny to him the equal protection of the laws, and that confinement in reservations in accordance with said section does not constitute slavery and involuntary servitude. The Court is further of the opinion that section 2145 of the Administrative Code is a legitimate exertion of the police power. Section 2145 of the Administrative Code of 1917 is constitutional. Assigned as reasons for the action: (1) attempts for the advancement of the non-Christian people of the province;

** Rubi v Provincial Board of Mindoro 39 PHIL 660 (1919)

AO requires Mangyans to live within the reservation provided for them

Facts: The provincial board of Mindoro adopted resolution No. 25 wherein non-Christian inhabitants (uncivilized tribes) will be directed to take up their habitation on sites on unoccupied public lands. It is resolved that under section 2077 of the Administrative Code, 800 hectares of public land in the sitio of Tigbao on Naujan Lake be selected as a site for the permanent settlement of Mangyanes in Mindoro. Further, Mangyans may only solicit homesteads on this reservation providing that said homestead applications are previously recommended by the provincial governor. In that case, pursuant to Section 2145 of the Revised Administrative Code, all the Mangyans in the townships of Naujan and Pola and the Mangyans east of the Baco River including those in the districts of Dulangan and Rubi's

and (2) the only successfully method for educating the Manguianes was to oblige them to live in a permanent settlement. The Solicitor-General adds the following; (3) The protection of the Manguianes; (4) the protection of the public forests in which they roam; (5) the necessity of introducing civilized customs among the Manguianes. One cannot hold that the liberty of the citizen is unduly interfered without when the degree of civilization of the Manguianes is considered. They are restrained for their own good and the general good of the Philippines. Liberty regulated by law": Implied in the term is restraint by law for the good of the individual and for the greater good of the peace and order of society and the general wellbeing. No man can do exactly as he pleases. None of the rights of the citizen can be taken away except by due process of law. Therefore, petitioners are not unlawfully imprisoned or restrained of their liberty. Habeas corpus can, therefore, not issue.
Delegation of Powers Rubi and various other Manguianes in the province of Mindoro were ordered by the provincial governor of Mindoro to remove their residence from their native habitat and to established themselves on a reservation at Tigbao in the province of Mindoro and to remain there, or be punished by imprisonment if they escaped. Manguianes had been ordered to live in a reservation made to that end and for purposes of cultivation under certain plans. The Manguianes are a Non-Christian tribe with a very low culture. These reservations, as appears from the resolution of the Provincial Board, extends over an area of 800 hectares of land, which is approximately 2000 acres, on which about 300 Manguianes are confined. One of the Manguianes, Dabalos, escaped from the reservation and was taken in hand by the provincial sheriff and placed in prison at Calapan, solely because he escaped from the reservation. An application for habeas corpus was made on behalf of Rubi and other Manguianes of the province, alleging that by virtue of the resolution of the provincial board of Mindoro creating the reservation, they had been illegally deprived of their liberty. In this case the validity of section 2145 of the Administrative Code, reading: "With the prior approval of the Department Head, the provincial governor of any province in which non-Christian inhabitants are found is

authorized, when such a course is deemed necessary in the interest of law and order, to direct such inhabitants to take up their habitation on sites on unoccupied public lands to be selected by him and approved by the provincial board, was challenged. ISSUE: Whether or not the said law is constitutional. HELD: By a vote of five to four, the Supreme Court sustained the constitutionality of this section of the Administrative Code. Among other things, it was held that the term "non-Christian" should not be given a literal meaning or a religious signification, but that it was intended to relate to degrees of civilization. The term "non-Christian" it was said, refers not to religious belief, but in a way to geographical area, and more directly to natives of the Philippine Islands of a low grade of civilization. On the other hand, none of the provisions of the Philippine Organic Law could have had the effect of denying to the Government of the Philippine Islands, acting through its Legislature, the right to exercise that most essential, insistent, and illimitable of powers, the sovereign police power, in the promotion of the general welfare and the public interest. when to advance the public welfare, the law was found to be a legitimate exertion of the police power, And it is unnecessary to add that the prompt registration of titles to land in the Philippines constitutes an advancement of the public interests, for, besides promoting peace and good order among landowners in particular and the people in general, it helps increase the industries of the country, and makes for the development of the natural resources, with the consequent progress of the general prosperity. And these ends are pursued in a special manner by the State through the exercise of its police power. The Supreme Court held that the resolution of the provincial board of Mindoro was neither discriminatory nor class legislation, and stated among other things: ". . . one cannot hold that the liberty of the citizen is unduly interfered with when the degree of civilization of the Manguianes is considered. They are restrained for their own good and the general good of the Philippines. Nor can one say that due process of law has not been followed. To go back to our definition of due process of law and equal protection of the laws, there exists a law; the law seems to be reasonable; it is enforced according to the regular methods of procedure prescribed; and it applies alike to all of a class."

eventually sued and was sentenced by the trial court. His counsel in one way or the other argued that the law mandating that one should acquire a permit to slaughter his carabao is not a valid exercise of police power. ISSUE: Whether or not the said law is valid. HELD: The SC ruled against Toribio. The SC explained that it is not a taking of the property for public use, within the meaning of the constitution, but is a just and legitimate exercise of the power of the legislature to regulate and restrain such particular use of the property as would be inconsistent with or injurious to the rights of the publics. All property is acquired and held under the tacit condition that it shall not be so used as to injure the equal rights of others or greatly impair the public rights and interests of the community. THE UNITED STATES vs LUIS TORIBIO, G.R. NO. L-5060, January 26, 1910 (15 Phil 85) Facts: Appellant in the case at bar was charged for the violation of sections 30 & 33 of Act No. 1147, an Act regulating the registration, branding, and slaughter of large cattle. Evidence sustained in the trial court found that appellant slaughtered or caused to be slaughtered for human consumption, the carabao described in the information, without a permit from the municipal treasurer of the municipality where it was slaughtered. Appellant contends that he applied for a permit to slaughter the animal but was not given one because the carabao was not found to be unfit for agricultural work which resulted to appellant to slaughter said carabao in a place other than the municipal slaughterhouse. Appellant then assails the validity of a provision under Act No. 1147 which states that only carabaos unfit for agricultural work can be slaughtered. Held: The extent and limits of what is known as the police power have been a fruitful subject of discussion in the appellate courts of nearly every State in the Union. It is universally conceded to include everything essential to the public safely, health, and morals, and to justify the destruction or abatement, by summary proceedings, of whatever may be regarded as a public nuisance. Under this power it has been held that the State may order the destruction of a house falling to decay or otherwise endangering the lives of passersby; the demolition of such as are in the path of a conflagration; the slaughter of diseased cattle; the destruction of decayed or unwholesome food; the prohibition of wooden buildings in cities; the regulation of railways and other means of public conveyance, and of interments in burial grounds; the restriction of objectionable trades to certain localities; the compulsary vaccination of children; the confinement of the insane or those afficted with contagious deceases; the restraint of vagrants, beggars, and habitual drunkards; the suppression of obscene publications and houses of ill fame; and the prohibition of gambling houses and places

United States vs Luis Toribio 22 11 2010 Police Power Sometime in the 1900s, Toribio applied for a license to have his carabao be slaughtered. His request was denied because his carabao is found not to be unfit for work. He nevertheless slaughtered his carabao without the necessary license. He was

where intoxicating liquors are sold. Beyond this, however, the State may interfere wherever the public interests demand it, and in this particular a large discretion is necessarily vested in the legislature to determine, not only what the interests of the public require, but what measures are necessary for the protection of such interests. (Barbier vs. Connolly, 113 U. S., 27; Kidd vs. Pearson, 128 U. S., 1.) To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals. The legislature may not, under the guise of protecting the public interests, arbitrarily interfere with private business, or impose unusual and unnecessary restrictions upon lawful occupations. In other words, its determination as to what is a proper exercise of its police powers is not final or conclusive, but is subject to the supervision of the court. From what has been said, we think it is clear that the enactment of the provisions of the statute under consideration was required by "the interests of the public generally, as distinguished from those of a particular class;" and that the prohibition of the slaughter of carabaos for human consumption, so long as these animals are fit for agricultural work or draft purposes was a "reasonably necessary" limitation on private ownership, to protect the community from the loss of the services of such animals by their slaughter by improvident owners, tempted either by greed of momentary gain, or by a desire to enjoy the luxury of animal food, even when by so doing the productive power of the community may be measurably and dangerously affected. Chief Justice Redfield, in Thorpe vs. Rutland & Burlington R. R. Co. (27 Vt., 140), said (p. 149) that by this "general police power of the State, persons and property are subjected to all kinds of restraints and burdens, in order to secure the general comfort, health, and prosperity of the State; of the perfect right in the legislature to do which no question ever was, or, upon acknowledge and general principles, ever can be made, so far as natural persons are concerned."

has afflicted the Philippines in the post-war era. An earlier statute decrees the forfeiture in favor of the State of any property found to have been unlawfully acquired by any public officer or employee. 3 One of the specific provisions of the Anti-Graft and Corrupt Practices Act of 1960 is that every public officer, either within thirty (30) days after its approval or after his assumption of office "and within the month of January of every other year thereafter", as well as upon the termination of his position, shall prepare and file with the head of the office to which he belongs, "a true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar: . . ." 4 In this declaratory relief proceeding, the periodical submission "within the month of January of every other year thereafter" of such sworn statement of assets and liabilities after an officer or employee had once bared his financial condition upon assumption of office was challenged for being violative of due process as an oppressive exercise of police power and as an unlawful invasion of the constitutional right to privacy, implicit in the ban against unreasonable search and seizure construed together with the prohibition against self-incrimination. The lower court in the decision appealed from sustained plaintiff, then as well as now, a judge of repute of a court of first instance. For it, such requirement of periodical submission of such sworn statement of assets and liabilities exceeds the permissible limit of the police power and is thus offensive to the due process clause. We do not view the matter thus and accordingly reverse the lower court.

1. The reversal could be predicated on the absence of evidence to rebut the presumption of validity. For in this action for declaratory relief filed with the Court of First Instance of Pangasinan on January 31, 1962, plaintiff, after asserting his belief "that it was a reasonable requirement for employment that a public officer make of record his assets and liabilities upon assumption of office and thereby make it possible thereafter to determine whether, after assuming his position in the public service, he accumulated assets grossly disproportionate to his reported incomes, the herein plaintiff [having] filed within the period of time fixed in the aforesaid Administrative Order No. 334 the prescribed sworn statement of financial condition, assets, income and liabilities, . . ." 5 maintained that the provision on the "periodical filing of sworn statement of financial condition, assets, income and liabilities after an officer or employee had once bared his financial condition, upon assumption of office, is oppressive and unconstitutional." 6 As earlier noted, both the protection of due process and the assurance of the privacy of the individual as may be inferred from the prohibition against unreasonable search and seizure and selfincrimination were relied upon. There was also the allegation that the above requirement amounts to "an insult to the personal integrity and official dignity" of public officials, premised as it is "on the unwarranted and derogatory assumption" that they are "corrupt at heart" and unless thus restrained by this periodical submission of the statements of "their financial condition, income, and expenses, they cannot be trusted to desist from committing the corrupt practices defined. . . ." 7 It was further asserted that there was no need for such a provision as "the income tax law and the tax census law also require statements which can serve to

Congress in 1960 enacted the Anti-Graft and Corrupt Practices Act 1 to deter public officials and employees from committing acts of dishonesty and improve the tone of morality in public service. It was declared to be the state policy "in line with the principle that a public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto." 2 Nor was it the first statute of its kind to deal with such a grave problem in the public service that unfortunately

determine whether an officer or employee in this Republic has enriched himself out of proportion to his reported income." 8 Then on February 14, 1962, came an Answer of the then Executive Secretary and the then Secretary of Justice as defendants, where after practically admitting the facts alleged, they denied the erroneous conclusion of law and as one of the special affirmative defenses set forth: "1. That when a government official, like plaintiff, accepts a public position, he is deemed to have voluntarily assumed the obligation to give information about his personal affair, not only at the time of his assumption of office but during the time he continues to discharge public trust. The private life of an employee cannot be segregated from his public life. . . ." 9 The answer likewise denied that there was a violation of his constitutional rights against selfincrimination as well as unreasonable search and seizure and maintained that "the provision of law in question cannot be attacked on the ground that it impairs plaintiff's normal and legitimate enjoyment of his life and liberty because said provision merely seeks to adopt a reasonable measure of insuring the interest or general welfare in honest and clean public service and is therefore a legitimate exercise of the police power."
10

The decision, now on appeal, came on July 19, 1962, the lower court declaring "unconstitutional, null and void Section 7, Republic Act No. 3019, insofar as it required periodical submittal of sworn statements of financial conditions, assets and liabilities of an official or employee of the government after he had once submitted such a sworn statement upon assuming office; . . . ." 12 In Ermita-Malate Hotel and Motel Operators Association v. The Mayor of Manila, 13 it was the holding of this Court that in the absence of a factual foundation, the lower court deciding the matter purely "on the pleadings and the stipulation of facts, the presumption of validity must prevail." In the present case likewise there was no factual foundation on which the nullification of this section of the statute could be based. Hence as noted the decision of the lower court could be reversed on that ground. A more extended consideration is not inappropriate however, for as likewise made clear in the above Ermita-Malate Hotel case: "What cannot be stressed sufficiently is that if the liberty involved were freedom of the mind or the person, the standard for the validity of governmental acts is much more rigorous and exacting, but where the liberty curtailed affects at the most rights of property, the permissible scope of regulatory measure is wider." Moreover, in the Resolution denying the Motion for Reconsideration in the above case, we expressly affirmed: "This is not to discount the possibility of a situation where the nullity of a statute, executive order, or ordinance may not be readily apparent but the threat to constitutional rights, especially those involving the freedom of the mind, present and ominous." 14 In such an event therefore, "there should not be a rigid

insistence on the requirement that evidence be presented." Also, in the same Resolution, Professor Freund was quoted thus: "In short, when freedom of the mind is imperiled by law, it is freedom that commands a momentum of respect; when property is imperiled, it is the lawmakers' judgment that commands respect. This dual standard may not precisely reverse the presumption of constitutionality in civil liberties cases, but obviously it does set up a hierarchy of values within the due process clause. 15 2. We inquire first whether or not by virtue of the above requirement for a periodical submission of sworn statement of assets and liabilities, there is an invasion of liberty protected by the due process clause. Under the Anti-Graft Act of 1960, after the statement of policy, 16 and definition of terms, 17 there is an enumeration of corrupt practices declared unlawful in addition to acts or omissions of public officers already penalized by existing law. They include persuading, inducing, or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense; requesting or receiving directly or indirectly any gift, present, share, percentage, or benefit, for himself, or for any other person, in connection with any contract or transaction between the government and any other party, wherein the public officer in his official capacity, has to intervene under the law; requesting or receiving directly or indirectly any gift, present, or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or

On February 27, 1962, plaintiff filed a Motion for judgment on the pleadings as in his opinion all his material allegations were admitted. Then on March 10, 1962, an order was issued giving the parties thirty days within which to submit memoranda, but with or without them, the case was deemed submitted for decision the lower court being of the belief that "there is no question of facts, . . . the defendants [having admitted] all the material allegations of the complaint." 11

license, in consideration for the help given or to be given; accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination; causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence; neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party; entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby; having directly or indirectly financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity or in which he is prohibited by the Constitution or by any law from having any interests; becoming interested directly or indirectly, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in such action; approving or granting knowingly any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled and divulging

valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. 18 After which come the prohibition on private individuals, 19 prohibition on certain relatives, 20 and prohibition on Members of Congress. 21 Then there is this requirement of a statement of assets and liabilities, that portion requiring periodical submission being challenged here. 22 The other sections of the Act deal with dismissal due to unexplained wealth, reference being made to the previous statute, 23 penalties for violation, 24 the vesting of original jurisdiction in the Court of First Instance as the competent court, 25 the prescription of offenses, 26 the prohibition against any resignation or retirement pending investigation, criminal or administrative or pending a prosecution, 27 suspension and loss of benefits, 28 exception of unsolicited gifts or presents of small or insignificant value as well as recognition of legitimate practice of one's profession or trade or occupation, 29 the separability clause, 30 and its effectivity. 31 Nothing can be clearer therefore than that the Anti-Graft Act of 1960 like the earlier statute 32 was precisely aimed at curtailing and minimizing the opportunities for official corruption and maintaining a standard of honesty in the public service. It is intended to further promote morality in public administration. A public office must indeed be a public trust. Nobody can cavil at its objective; the goal to be pursued commands the assent of all. The conditions then prevailing called for norms of such character. The times demanded such a remedial device.

The statute was framed with that end in view. It is comprehensive in character, sufficiently detailed and explicit to make clear to all and sundry what practices were prohibited and penalized. More than that, an effort was made, so evident from even a cursory perusal thereof, to avoid evasions and plug loopholes. One such feature is the challenged section. Thereby it becomes much more difficult by those disposed to take advantage of their positions to commit acts of graft and corruption. While in the attainment of such public good, no infringement of constitutional rights is permissible, there must be a showing, clear, categorical, and undeniable, that what the Constitution condemns, the statute allows. More specifically, since that is the only question raised, is that portion of the statute requiring periodical submission of assets and liabilities, after an officer or employee had previously done so upon assuming office, so infected with infirmity that it cannot be upheld as valid? Or, in traditional terminology, is this requirement a valid exercise of the police power? In the aforesaid Ermita-Malate Hotel decision, 33 there is a reaffirmation of its nature and scope as embracing the power to prescribe regulations to promote the health, morals, education, good order, safety, or the general welfare of the people. It has been negatively put forth by Justice Malcolm as "that inherent and plenary power in the state which enables it to prohibit all things hurtful to the comfort, safety and welfare of society." 34 Earlier Philippine cases refer to police power as the power to promote the general welfare and public interest; 35 to enact such laws in relation to persons and property as may promote public health, public morals, public safety and the general welfare of each inhabitant;

36

to preserve public order and to prevent offenses against the state and to establish for the intercourse of citizen with citizen those rules of good manners and good neighborhood calculated to prevent conflict of rights. 37 In his work on due process, Mott 38 stated that the term police power was first used by Chief Justice Marshall. 39 As currently in use both in Philippine and American decisions then, police power legislation usually has reference to regulatory measures restraining either the rights to property or liberty of private individuals. It is undeniable however that one of its earliest definitions, valid then as well as now, given by Marshall's successor, Chief Justice Taney does not limit its scope to curtailment of rights whether of liberty or property of private individuals. Thus: "But what are the police powers of a State? They are nothing more or less than the powers of government inherent in every sovereignty to the extent of its dominions. And whether a State passes a quarantine law, or a law to punish offenses, or to establish courts of justice, or requiring certain instruments to be recorded, or to regulate commerce within its own limits, in every case it exercises the same power; that is to say, the power of sovereignty, the power to govern men and things within the limits of its domain." 40 Text writers like Cooley and Burdick were of a similar mind. 41 What is under consideration is a statute enacted under the police power of the state to promote morality in public service necessarily limited in scope to officialdom. May a public official claiming to be adversely affected rely on the due process clause to annul such statute or any portion thereof? The answer must be in the affirmative. If the police power extends to regulatory action affecting persons in public or private life, then anyone with an alleged grievance can

invoke the protection of due process which permits deprivation of property or liberty as long as such requirement is observed. While the soundness of the assertion that a public office is a public trust and as such not amounting to property in its usual sense cannot be denied, there can be no disputing the proposition that from the standpoint of the security of tenure guaranteed by the Constitution the mantle of protection afforded by due process could rightfully be invoked. It was so implicitly held in Lacson v. Romero, 42 in line with the then pertinent statutory provisions 43 that procedural due process in the form of an investigation at which he must be given a fair hearing and an opportunity to defend himself must be observed before a civil service officer or employee may be removed. There was a reaffirmation of the view in even stronger language when this Court through Justice Tuason in Lacson v. Roque 44 declared that even without express provision of law, "it is established by the great weight of authority that the power of removal or suspension for cause can not, except by clear statutory authority, be exercised without notice and hearing." Such is likewise the import of a statement from the then Justice, now Chief Justice, Concepcion, speaking for the Court in Meneses v. Lacson; 45 "At any rate, the reinstatement directed in the decision appealed from does not bar such appropriate administrative action as the behaviour of petitioners herein may warrant, upon compliance with the requirements of due process." To the same effect is the holding of this Court extending the mantle of the security of tenure provision to employees of government-owned or controlled corporations entrusted with governmental functions when through Justice Padilla in Tabora v. Montelibano, 46 it stressed: "That safeguard, guarantee, or feeling of

security that they would hold their office or employment during good behavior and would not be dismissed without justifiable cause to be determined in an investigation, where an opportunity to be heard and defend themselves in person or by counsel is afforded them, would bring about such a desirable condition." Reference was there made to promoting honesty and efficiency through an assurance of stability in their employment relation. It was to be expected then that through Justice Labrador in Unabia v. City Mayor, 47 this Court could categorically affirm: "As the removal of petitioner was made without investigation and without cause, said removal is null and void. . . ." It was but logical therefore to expect an explicit holding of the applicability of due process guaranty to be forthcoming. It did in Cammayo v. Via, 48 where the opinion of Justice Endencia for the Court contained the following unmistakable language: "Evidently, having these facts in view, it cannot be pretended that the constitutional provision of due process of law for the removal of the petitioner has not been complied with." Then came this restatement of the principle from the pen of Justice J.B.L. Reyes "We are thus compelled to conclude that the positions formerly held by appellees were not primarily confidential in nature so as to make their terms of office co-terminal with the confidence reposed in them. The inevitable corollary is that respondents-appellees, Leon Piero, et al., were not subject to dismissal or removal, except for cause specified by law and within due process. . . ." 49 In a still later decision, Abaya v. Subido, 50 this Court, through Justice Sanchez, emphasized "that the vitality of the constitutional principle of due process cannot be allowed to weaken by sanctioning cancellation" of an employee's eligibility or "of his dismissal from service without hearing upon a doubtful assumption that

he has admitted his guilt for an offense against Civil Service rules." Equally emphatic is this observation from the same case: "A civil service employee should be heard before he is condemned. Jurisprudence has clung to this rule with such unrelenting grasp that by now it would appear trite to make citations thereof." If as is so clearly and unequivocally held by this Court, due process may be relied upon by public official to protect the security of tenure which in that limited sense is analogous to property, could he not likewise avail himself of such constitutional guarantee to strike down what he considers to be an infringement of his liberty? Both on principle, reason and authority, the answer must be in the affirmative. Even a public official has certain rights to freedom the government must respect. To the extent then, that there is a curtailment thereof, it could only be permissible if the due process mandate is not disregarded. Since under the constitutional scheme, liberty is the rule and restraint the exception, the question raised cannot just be brushed aside. In a leading Philippine case, Rubi v. Provincial Board, 51 liberty as guaranteed by the Constitution was defined by Justice Malcolm to include "the right to exist and the right to be free from arbitrary personal restraint or servitude. The term cannot be dwarfed into mere freedom from physical restraint of the person of the citizen, but is deemed to embrace the right of man to enjoy the facilities with which he has been endowed by his Creator, subject only to such restraint as are necessary for the common welfare." In accordance with this case therefore, the rights of the citizens to be free to use his faculties in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any avocation, are all deemed embraced in the concept of liberty. This Court in the same case, however, gave the

warning that liberty as understood in democracies, is not license. Implied in the term is restraint by law for the good of the individual and for the greater good, the peace and order of society and the general well-being. No one can do exactly as he pleases. Every man must renounce unbridled license. In the words of Mabini as quoted by Justice Malcolm, "liberty is freedom to do right and never wrong; it is ever guided by reason and the upright and honorable conscience of the individual." The liberty to be safeguarded is, as pointed out by Chief Justice Hughes, liberty in a social organization, 52 implying the absence of arbitrary restraint not immunity from reasonable regulations and prohibitions imposed in the interest of the community. 53 It was Linton's view that "to belong to a society is to sacrifice some measure of individual liberty, no matter how slight the restraints which the society consciously imposes." 54 The above statement from Linton however, should be understood in the sense that liberty, in the interest of public health, public order or safety, of general welfare, in other words through the proper exercise of the police power, may be regulated. The individual thought, as Justice Cardozo pointed out, has still left a "domain of free activity that cannot be touched by government or law at all, whether the command is specially against him or generally against him and others." 55 Is this provision for a periodical submission of sworn statement of assets and liabilities after he had filed one upon assumption of office beyond the power of government to impose? Admittedly without the challenged provision, a public officer would be free from such a requirement. To the extent then that there is a compulsion to act in a certain way, his liberty is affected. It cannot be denied however that under the

Constitution, such a restriction is allowable as long as due process is observed. The more crucial question therefore is whether there is an observance of due process. That leads us to an inquiry into its significance. "There is no controlling and precise definition of due process. It furnishes though a standard to which governmental action should conform in order that deprivation of life, liberty or property, in each appropriate case, be valid. What then is the standard of due process which must exist both as a procedural and as substantive requisite to free the challenged ordinance, or any action for that matter, from the imputation of legal infirmity sufficient to spell its doom? It is responsiveness to the supremacy of reason, obedience to the dictates of justice. Negatively put, arbitrariness is ruled out and unfairness avoided. To satisfy the due process requirement, official action, to paraphrase Cardozo, must not outrun the bounds of reason and result in sheer oppression. Due process is thus hostile to any official action marred by lack of reasonableness. Correctly has it been identified as freedom from arbitrariness. It is the embodiment of the sporting idea of fair play. It exacts fealty 'to those strivings for justice' and judges the act of officialdom of whatever branch 'in the light of reason drawn from considerations of fairness that reflect [democratic] traditions of legal and political thought.' It is not a narrow or 'technical conception with fixed content unrelated to time, place and circumstances,' decisions based on such a clause requiring a 'close and perceptive inquiry into fundamental principles of our society.' Questions of due process are not to be treated narrowly or pedantically in slavery to form or phrases." 56 It would be to dwell in the realm of abstractions and to ignore the harsh and compelling realities of public service with its ever-present temptation to heed

the call of greed and avarice to condemn as arbitrary and oppressive a requirement as that imposed on public officials and employees to file such sworn statement of assets and liabilities every two years after having done so upon assuming office. The due process clause is not susceptible to such a reproach. There was therefore no unconstitutional exercise of police power. 4. The due process question touching on an alleged deprivation of liberty as thus resolved goes a long way in disposing of the objections raised by plaintiff that the provision on the periodical submission of a sworn statement of assets and liabilities is violative of the constitutional right to privacy. There is much to be said for this view of Justice Douglas: "Liberty in the constitutional sense must mean more than freedom from unlawful governmental restraint; it must include privacy as well, if it is to be a repository of freedom. The right to be let alone is indeed the beginning of all freedom." 57 As a matter of fact, this right to be let alone is, to quote from Mr. Justice Brandeis "the most comprehensive of rights and the right most valued by civilized men." 58 The concept of liberty would be emasculated if it does not likewise compel respect for his personality as a unique individual whose claim to privacy and interference demands respect. As Laski so very aptly stated: "Man is one among many, obstinately refusing reduction to unity. His separateness, his isolation, are indefeasible; indeed, they are so fundamental that they are the basis on which his civic obligations are built. He cannot abandon the consequences of his isolation, which are, broadly speaking, that his experience is private, and the will built out of that experience personal to himself. If he surrenders his will to others, he surrenders his personality. If his will is set by the will of others, he ceases to be master of himself. I

cannot believe that a man no longer master of himself is in any real sense free." 59 Nonetheless, in view of the fact that there is an express recognition of privacy, specifically that of communication and correspondence which "shall be inviolable except upon lawful order of Court or when public safety and order" 60 may otherwise require, and implicitly in the search and seizure clause, 61 and the liberty of abode 62 the alleged repugnancy of such statutory requirement of further periodical submission of a sworn statement of assets and liabilities deserves to be further looked into. In that respect the question is one of first impression, no previous decision having been rendered by this Court. It is not so in the United States where, in the leading case of Griswold v. Connecticut, 63 Justice Douglas, speaking for five members of the Court, stated: "Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Third Amendment in its prohibition against the quartering of soldiers 'in any house' in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the 'right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.' The Fifth Amendment in its Self-Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment. The Ninth Amendment provides: 'The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." After referring to various American Supreme Court decisions, 64 Justice Douglas continued: "These cases bear witness that the

right of privacy which presses for recognition is a legitimate one." The Griswold case invalidated a Connecticut statute which made the use of contraceptives a criminal offense on the ground of its amounting to an unconstitutional invasion of the right of privacy of married persons; rightfully it stressed "a relationship lying within the zone of privacy created by several fundamental constitutional guarantees." 65 It has wider implications though. The constitutional right to privacy has come into its own.1wph1.t So it is likewise in our jurisdiction. The right to privacy as such is accorded recognition independently of its identification with liberty; in itself, it is fully deserving of constitutional protection. The language of Prof. Emerson is particularly apt: "The concept of limited government has always included the idea that governmental powers stop short of certain intrusions into the personal life of the citizen. This is indeed one of the basic distinctions between absolute and limited government. Ultimate and pervasive control of the individual, in all aspects of his life, is the hallmark of the absolute state. In contrast, a system of limited government, safeguards a private sector, which belongs to the individual, firmly distinguishing it from the public sector, which the state can control. Protection of this private sector protection, in other words, of the dignity and integrity of the individual has become increasingly important as modern society has developed. All the forces of a technological age industrialization, urbanization, and organization operate to narrow the area of privacy and facilitate intrusion into it. In modern terms, the capacity to maintain and support this enclave of private life marks the difference between a democratic and a totalitarian society." 66

Even with due recognition of such a view, it cannot be said that the challenged statutory provision calls for disclosure of information which infringes on the right of a person to privacy. It cannot be denied that the rational relationship such a requirement possesses with the objective of a valid statute goes very far in precluding assent to an objection of such character. This is not to say that a public officer, by virtue of a position he holds, is bereft of constitutional protection; it is only to emphasize that in subjecting him to such a further compulsory revelation of his assets and liabilities, including the statement of the amounts and sources of income, the amounts of personal and family expenses, and the amount of income taxes paid for the next preceding calendar year, there is no unconstitutional intrusion into what otherwise would be a private sphere. 5. Could it be said, however, as plaintiff contends, that insofar as the challenged provision requires the periodical filing of a sworn statement of financial condition, it would be violative of the guarantees against unreasonable search and seizure and against self-incrimination? His complaint cited on this point Davis v. United States. 67 In that case, petitioner Davis was convicted under an information charging him with unlawfully having in his possession a number of gasoline ration coupons representing so many gallons of gasoline, an offense penalized under a 1940 statute. 68 He was convicted both in the lower court and in the Circuit Court of Appeals over the objection that there was an unlawful search which resulted in the seizure of the coupons and that their use at the trial was in violation of Supreme Court decisions. 69 In the District Court, there was a finding that he consented to the search and seizure. The Circuit Court of Appeals did not disturb

that finding although expressed doubt concerning it, affirming however under the view that such seized coupons were properly introduced in evidence, the search and seizure being incidental to an arrest, and therefore reasonable regardless of petitioner's consent. In affirming the conviction the United States Supreme Court, through Justice Douglas emphasized that the Court was dealing in this case "not with private papers or documents, but with gasoline ration coupons which never became the private property of the holder but remained at all times the property of the government and subject to inspection and recall by it." 70 He made it clear that the opinion was not to be understood as suggesting "that officers seeking to reclaim government property may proceed lawlessly and subject to no restraints. Nor [does it] suggest that the right to inspect under the regulations subjects a dealer to a general search of his papers for the purpose of learning whether he has any coupons subject to inspection and seizure. The nature of the coupons is important here merely as indicating that the officers did not exceed the permissible limits of persuasion in obtaining them." 71 True, there was a strong dissenting opinion by Justice Frankfurter in which Justice Murphy joined, critical of what it considered "a process of devitalizing interpretation" which in this particular case gave approval "to what was done by arresting officers" and expressing the regret that the Court might be "in danger of forgetting what the Bill of Rights reflects experience with police excesses." Even this opinion, however, concerned that the constitutional guarantee against unreasonable search and seizure "does not give freedom from testimonial compulsion. Subject to familiar qualifications every

man is under obligation to give testimony. But that obligation can be exacted only under judicial sanctions which are deemed precious to Anglo-American civilization. Merely because there may be the duty to make documents available for litigation does not mean that police officers may forcibly or fraudulently obtain them. This protection of the right to be let alone except under responsible judicial compulsion is precisely what the Fourth Amendment meant to express and to safeguard." 72 It would appear then that a reliance on that case for an allegation that this statutory provision offends against the unreasonable search and seizure clause would be futile and unavailing. This is the more so in the light of the latest decision of this Court in Stonehill v. Diokno, 73 where this Court, through Chief Justice Concepcion, after stressing that the constitutional requirements must be strictly complied with, and that it would be "a legal heresy of the highest order" to convict anybody of a violation of certain statutes without reference to any of its determinate provisions delimited its scope as "one of the most fundamental rights guaranteed in our Constitution," safeguarding "the sanctity, of the domicile and the privacy of communication and correspondence. . . ." Such is precisely the evil sought to be remedied by the constitutional provision above quoted to outlaw the so-called general warrants. It thus appears clear that no violation of the guarantee against unreasonable search and seizure has been shown to exist by such requirement of further periodical submission of one's financial condition as set forth in the Anti-Graft Act of 1960. Nor does the contention of plaintiff gain greater plausibility, much less elicit acceptance, by his

invocation of the non-incrimination clause. According to the Constitution: "No person shall be compelled to be a witness against himself." 74 This constitutional provision gives the accused immunity from any attempt by the prosecution to make easier its task by coercing or intimidating him to furnish the evidence necessary to convict. He may confess, but only if he voluntarily wills it. He may admit certain facts but only if he freely chooses to.75 Or he could remain silent, and the prosecution is powerless to compel him to talk. 76 Proof is not solely testimonial in character. It may be documentary. Neither then could the accused be ordered to write, when what comes from his pen may constitute evidence of guilt or innocence. 77 Moreover, there can be no search or seizure of his house, papers or effects for the purpose of locating incriminatory matter.
78

injury and therefore compels him to incriminate himself. As was stated in the opinion: "If the law which exacts this information is invalid, because such information, although in itself no evidence of guilt, might possibly lead to a charge of crime against the informant, then all police regulations which involve identification may be questioned on the same ground. We are not aware of any constitutional provision designed to protect a man's conduct from judicial inquiry or aid him in fleeing from justice. But, even if a constitutional right be involved, it is not necessary to invalidate the statute to secure its protection. If, in this particular case, the constitutional privilege justified the refusal to give the information exacted by the statute, that question can be raised in the defense to the pending prosecution. Whether it would avail, we are not called upon to decide in this proceeding." 81 6. Nor could such a provision be nullified on the allegation that it constitutes "an insult to the personal integrity and official dignity" of public officials. On its face, it cannot thus be stigmatized. As to its being unnecessary, it is well to remember that this Court, in the language of Justice Laurel, "does not pass upon questions of wisdom, justice or expediency of legislation." 82 As expressed by Justice Tuason: "It is not the province of the courts to supervise legislation and keep it within the bounds of propriety and common sense. That is primarily and exclusively a legislative concern." 83 There can be no possible objection then to the observation of Justice Montemayor: "As long as laws do not violate any Constitutional provision, the Courts merely interpret and apply them regardless of whether or not they are wise or salutary." 84 For they, according to Justice Labrador, "are not supposed to override legitimate policy and . . . never inquire into the wisdom of the law." 85

In a declaratory action proceeding then, the objection based on the guaranty against selfincrimination is far from decisive. It is well to note what Justice Tuason stated: "What the above inhibition seeks to [prevent] is compulsory disclosure of incriminating facts." 79 Necessarily then, the protection it affords will have to await, in the language of Justice J. B. L. Reyes, the existence of actual cases, "be they criminal, civil or administrative." 80 Prior to such a stage, there is no pressing need to pass upon the validity of the fear sincerely voiced that there is an infringement of the non-incrimination clause. What was said in an American State decision is of relevance. In that case, a statutory provision requiring any person operating a motor vehicle, who knows that injury has been caused a person or property, to stop and give his name, residence, and his license number to the injured party or to a police officer was sustained against the contention that the information thus exacted may be used as evidence to establish his connection with the

It is thus settled, to paraphrase Chief Justice Concepcion in Gonzales v. Commission on Elections, 86 that only congressional power or competence, not the wisdom of the action taken may be the basis for declaring a statute invalid. This is as it ought to be. The principle of separation of powers has in the main wisely allocated the respective authority of each department and confined its jurisdiction to such a sphere. There would then be intrusion not allowable under the Constitution if on a matter left to the discretion of a coordinate branch, the judiciary would substitute its own. If there be adherence to the rule of law, as there ought to be, the last offender should be courts of justice, to which rightly litigants submit their controversy precisely to maintain unimpaired the supremacy of legal norms and prescriptions. The attack on the validity of the challenged provision likewise insofar as there may be objections, even if valid and cogent on its wisdom cannot be sustained. WHEREFORE, the decision of the lower court of July 19, 1962 "declaring unconstitutional, null and void Section 7, Republic Act No. 3019, insofar as it requires periodical submittal of sworn statements of financial conditions, assets and liabilities of an official or employee of the government after he had once submitted such a sworn statement . . . is reversed." Without costs.
Concepcion, C.J., Reyes, J.B.L., Makalintal, Bengzon, J.P., Zaldivar and Angeles, JJ., concur. Sanchez, J., reserves his vote. 438 SCRA 343 FACTS: Tecson was hired by Glaxo as a medical representative on Oct. 24, 1995. Contract of employment signed by Tecson stipulates, among others, that he agrees to study and abide by the existing company rules; to disclose to management any existing future relationship by consanguinity or affinity with coemployees or employees with competing drug companies and

should management find that such relationship poses a prossible conflict of interest, to resign from the company. Company's Code of Employee Conduct provides the same with stipulation that management may transfer the employee to another department in a non-counterchecking position or preparation for employment outside of the company after 6 months. Tecson was initially assigned to market Glaxo's products in the Camarines Sur-Camarines Norte area and entered into a romantic relationship with Betsy, an employee of Astra, Glaxo's competition. Before getting married, Tecson's District Manager reminded him several times of the conflict of interest but marriage took place in Sept. 1998. In Jan. 1999, Tecson's superiors informed him of conflict of intrest. Tecson asked for time to comply with the condition (that either he or Betsy resign from their respective positions). Unable to comply with condition, Glaxo transferred Tecson to the Butuan-Surigao City-Agusan del Sur sales area. After his request against transfer was denied, Tecson brought the matter to Glaxo's Grievance Committee and while pending, he continued to act as medical representative in the Camarines Sur-Camarines Norte sales area. On Nov. 15, 2000, the National Conciliation and Mediation Board ruled that Glaxo's policy was valid... ISSUE: Whether or not the policy of a pharmaceutical company prohibiting its employees from marrying employees of any competitor company is valid RULING:

On Constructive Dismissal Constructive dismissal is defined as a quitting, an involuntary resignation resorted to when continued employmentbecomes impossible, unreasonable or unlikely; when there is demotion in rank, or diminution in pay; or when a clear discrimination, insensibility, or disdain by an employer becomes unbearable to the employee. None of these conditions are present in the instant case. HELD: The challenged policy has been implemented by Glaxo impartially and disinterestedly for a long period of time. In the case at bar, the record shows that Glaxo gave Tecson several chances to eliminate the conflict of interest brought about by his relationship with Betsy, but he never availed of any of them. DISPOSITIVE: "WHEREFORE, the petition is DENIED for lack of merit."

DUNCAN ASSOCIATION OF DETAILMAN-PTGWO V GLAXO WELLCOME PHILIPPINES INC 438 SCRA 343 TINGA; September 17, 2004
NATURE Petition for review on certiorari of the decision and resolution of the Court of Appeals FACTS - Petitioner Tecson was hired by respondent Glaxo Wellcome Philippines, Inc. (Glaxo) as medical representative after Tecson had undergone training and orientation. Thereafter, Tecson signed a contract of employment which stipulates, among others, that he agrees to study and abide by existing company rules; to disclose to management any existing or future relationship by consanguinity or affinity with co-employees or employees of competing drug companies and should management find that such relationship poses a possible conflict of interest, to resign from the company. - The Employee Code of Conduct of Glaxo similarly provides that an employee is expected to inform management of any existing or future relationship by consanguinity or affinity with coemployees or employees of competing drug companies. If management perceives a conflict of interest or a potential conflict between such relationship and the employees employment with the company, the management and the employee will explore the possibility of a transfer to another department in a non-counterchecking position or preparation for employment outside the company after six months.

On Equal Protection Glaxo has a right to guard its trade secrets, manufacturing formulas, marketing strategies, and other confidential programs and information from competitors. The prohibition against pesonal or marital relationships with employees of competitor companies upon Glaxo's employees is reasonable under the circumstances because relationships of that nature might compromise the interests of the company. That Glaxo possesses the right to protect its economic interestcannot be denied. It is the settled principle that the commands of the equal protection clause are addressed only to the state or those acting under color of its authority. Corollarily, it has been held in a long array of US Supreme Court decisions that the equal protection clause erects to shield against merely privately conduct, however, discriminatory or wrongful. The company actually enforced the policy after repeated requests to the employee to comply with the policy. Indeed theapplication of the policy was made in an impartial and evenhanded manner, with due regard for the lot of the employee.

- Tecson was initially assigned to market Glaxos products in the Camarines Sur-Camarines Norte sales area. Subsequently, Tecson entered into a romantic relationship with Bettsy, an employee of Astra Pharmaceuticals (Astra), a competitor of Glaxo. Bettsy was Astras Branch Coordinator in Albay. She supervised the district managers and medical representatives of her company and prepared marketing strategies for Astra in that area. Even before they got married, Tecson received several reminders from his District Manager regarding the conflict of interest which his relationship with Bettsy might engender. Still, love prevailed, and Tecson married Bettsy. - Tecsons superiors informed him that his marriage to Bettsy gave rise to a conflict of interest. Tecsons superiors reminded him that he and Bettsy should decide which one of them would resign from their jobs, although they told him that they wanted to retain him as much as possible because he was performing his job well. - Tecson requested for time to comply with the company policy against entering into a relationship with an employee of a competitor company. He explained that Astra, Bettsys employer, was planning to merge with Zeneca, another drug company; and Bettsy was planning to avail of the redundancy package to be offered by Astra. With Bettsys separation from her company, the potential conflict of interest would be eliminated. At the same time, they would be able to avail of the attractive redundancy package from Astra. - Tecson again requested for more time resolve the problem. Tecson applied for a transfer in Glaxos milk division, thinking that since Astra did not have a milk division, the potential conflict of interest would be eliminated. His application was denied in view of Glaxos least-movement-possible policy. Glaxo transferred Tecson to the Butuan City-Surigao City-Agusan del Sur sales area. Tecson asked Glaxo to reconsider its decision, but his request was denied. - Tecson sought Glaxos reconsideration regarding his transfer and brought the matter to Glaxos Grievance Committee. Glaxo, however, remained firm in its decision and gave Tecson time to comply with the transfer order. Tecson defied the transfer order and continued acting as medical representative in the Camarines Sur-Camarines Norte sales area. - During the pendency of the grievance proceedings, Tecson was paid his salary, but was not issued samples of products which were competing with similar products manufactured by Astra. He was also not included in product conferences regarding such products. - Because the parties failed to resolve the issue at the grievance machinery level, they submitted the matter for voluntary arbitration. Glaxo offered Tecson a separation pay of one-half month pay for every year of service, or a total of P50,000.00 but he declined the offer. The National Conciliation and Mediation Board (NCMB) rendered its Decision declaring as valid Glaxos policy on relationships between its employees and persons employed with competitor companies, and affirming Glaxos right to transfer Tecson to another sales territory. - Aggrieved, Tecson filed a Petition for Review with the Court of Appeals assailing the NCMB Decision. The Court of Appeals promulgated its Decision denying the Petition for Review on the

ground that the NCMB did not err in rendering its Decision. The appellate court held that Glaxos policy prohibiting its employees from having personal relationships with employees of competitor companies is a valid exercise of its management prerogatives. Tecson filed a Motion for Reconsideration of the appellate courts Decision, but the motion was denied by the appellate court. ISSUES 1. WON the Court of Appeals erred in ruling that Glaxos policy against its employees marrying employees from competitor companies is valid, and in not holding that said policy violates the equal protection clause of the Constitution 2. WON petitioner was constructively dismissed HELD 1. NO - Glaxo has a right to guard its trade secrets, manufacturing formulas, marketing strategies and other confidential programs and information from competitors, especially so that it and Astra are rival companies in the highly competitive pharmaceutical industry. - The prohibition against personal or marital relationships with employees of competitor companies upon Glaxos employees is reasonable under the circumstances because relationships of that nature might compromise the interests of the company. In laying down the assailed company policy, Glaxo only aims to protect its interests against the possibility that a competitor company will gain access to its secrets and procedures. - That Glaxo possesses the right to protect its economic interests cannot be denied. No less than the Constitution recognizes the right of enterprises to adopt and enforce such a policy to protect its right to reasonable returns on investments and to expansion and growth. Indeed, while our laws endeavor to give life to the constitutional policy on social justice and the protection of labor, it does not mean that every labor dispute will be decided in favor of the workers. The law also recognizes that management has rights which are also entitled to respect and enforcement in the interest of fair play. - The challenged company policy does not violate the equal protection clause of the Constitution as petitioners erroneously suggest. It is a settled principle that the commands of the equal protection clause are addressed only to the state or those acting under color of its authority. Corollarily, it has been held in a long array of U.S. Supreme Court decisions that the equal protection clause erects no shield against merely private conduct, however, discriminatory or wrongful. The only exception occurs when the state in any of its manifestations or actions has been found to have become entwined or involved in the wrongful private conduct. Obviously, however, the exception is not present in this case. Significantly, the company actually enforced the policy after repeated requests to the employee to comply with the policy. Indeed, the application of the policy was made in an impartial and even-handed manner, with due regard for the lot of the employee. - In any event, from the wordings of the contractual provision and the policy in its employee handbook, it is clear that Glaxo does not impose an absolute prohibition against relationships between its employees and those of competitor companies. Its

employees are free to cultivate relationships with and marry persons of their own choosing. What the company merely seeks to avoid is a conflict of interest between the employee and the company that may arise out of such relationships. - The Court of Appeals also correctly noted that the assailed company policy which forms part of respondents Employee Code of Conduct and of its contracts with its employees, such as that signed by Tecson, was made known to him prior to his employment. Tecson, therefore, was aware of that restriction when he signed his employment contract and when he entered into a relationship with Bettsy. Since Tecson knowingly and voluntarily entered into a contract of employment with Glaxo, the stipulations therein have the force of law between them and, thus, should be complied with in good faith. He is therefore estopped from questioning said policy. 2. NO - Constructive dismissal is defined as a quitting, an involuntary resignation resorted to when continued employment becomes impossible, unreasonable, or unlikely; when there is a demotion in rank or diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee. None of these conditions are present in the instant case. The record does not show that Tecson was demoted or unduly discriminated upon by reason of such transfer. Glaxo properly exercised its management prerogative in reassigning Tecson to the Butuan City sales area. When the problem could not be resolved after several years of waiting, Glaxo was constrained to reassign Tecson to a sales area different from that handled by his wife for Astra. Notably, Glaxo did not terminate Tecson from employment but only reassigned him to another area where his home province, Agusan del Sur, was included. In effecting Tecsons transfer, Glaxo even considered the welfare of Tecsons family. Clearly, the foregoing dispels any suspicion of unfairness and bad faith on the part of Glaxo.

Defendants-appellants: Amelito R. Mutuc (Executive Secretary) et al. Facts:

MORFE V MUTUC
Date of Promulgation: January 31, 1968 Ponente: Fernando, J. Plaintiff-appellee: Jesus P. Morfe (Judge of CFI)

The Law: Anti-Graft and Corrupt Practices Act of 1960 (RA No. 3019) o Every public officer within 30 days after its approval or after his assumption of office and within the month of January of every year thereafter, as well as upon termination of his position, shall prepare and file with the head of the office to which he belongs, a true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year. Plaintiff Morfe, a judge of a CFI, contends that the periodical submission within the month of January of every other year thereafter of their sworn statement of assets and liabilities (SAL) is violative of due process as an oppressive exercise of police power and as an unlawful invasion of the constitutional right to privacy implicit on the ban against unreasonable search and seizure construed together with the prohibition against self-incrimination. Executive Secretary and DOJ Sec: o Acceptance of public position = voluntary assumption of obligation o Merely seeks to adopt a reasonable measure of insuring the interest of general welfare in honest and clean public service and is therefore a legitimate exercise of police power.

CFI of Pangasinan held that the requirement exceeds the permissible limit of the police power and is thus offensive to the due process clause

the most rights of property, the permissible scope of regulatory measure is wider. (ErmitaMalate Hotel v. Mayor of Manila) 1. Exercise of Police power and the defense provided by the Due Process Clause

public officials and employees to file such sworn statement of assets and liabilities every two years after having done so upon assuming officeThere was therefore no unconstitutional exercise of police power. 1. Right to privacy

Issue/s: Whether the periodical submission of SAL for public officers is: 1. An oppressive exercise of police power; 2. Violative of due process and an unlawful invasion of the right to privacy implicit in the ban against unreasonable search and seizure construed together with the prohibition against self-incrimination; 3. An insult to the personal integrity and official dignity of public officials.

Ruling: Decision reversed.

Ratio:

1. Presumption of validity

Plaintiff asserted that the submission of SAL was a reasonable requirement for employment so a public officer can make of record his assets and liabilities upon assumption of office. Plaintiff did not present evidence to rebut the presumption of validity. If the liberty involved were freedom of the mind or the person, the standard for the validity of governmental acts is much more rigorous and exacting, but where the liberty curtailed affects

inherent and plenary power in the state which enables it to prohibit all things hurtful to the comfort, safety and welfare of society (Justice Malcolm) The power of sovereignty, the power to govern men and things within the limits of its domain (Justice Taney, going beyond curtailment of rights) Anyone with an alleged grievance regarding the extension of police power to regulatory action affecting persons in public or private life can invoke the protection of due process. It has been held that due process may be relied upon by public official to protect the security of tenure which in a limited sense is analogous to property. Therefore he could also use due process to strike down what he considers as an infringement of his liberty. Under the Constitution, the challenged provision is allowable as long as due process is observed. The standard for due process is REASONABLENESS. Test: Official action must not outrun the bounds of reason and result in sheer oppression. It would be to dwell in the realm of abstractions and to ignore the harsh and compelling realities of public service with its ever-present temptation to heed the call of greed and avarice to condemn as arbitrary and oppressive a requirement as that imposed upon

Right to be let alone It cannot be said that the challenged statutory provision calls for disclosure of information which infringes on the right of a person to privacy. It cannot be denied that the rational relationship such a requirement possesses with the objective of a valid statute goes very far in precluding assent to an objection of such character. This is not to say that a public officer, by virtue of position he holds, is bereft of constitutional protection; it is only to emphasize that in subjecting him to such a further compulsory revelation of his assets and liabilities, including the statement of the amounts of personal and family expenses, and the amount of income taxes paid for the next preceding calendar year, there is no unconstitutional intrusion into what otherwise would be a private sphere.

1. Unreasonable Search and Seizure

The constitutional guarantee against unreasonable search and seizure does not give freedom from testimonial compulsion.

1. Right against self-incrimination

We are not aware of any constitutional provision designed to protect a mans conduct

from judicial inquiry, or aid him in fleeing from justice. 1. Insult to personal integrity and official dignity

person, family or class of persons (63 A Am Jur 2d 667) (4) The duties must be performed independently and without control of a Nature: (1) A public office is a public trust. (Art. XI, Sec. 1, 1987 Consti) (2) It is a responsibility and not a right. (Morfe v. Mutuc) Exception: If the duties are those of an inferior or subordinate office, created or authorized by the Legislature and by it placed under the general control of a superior office or body; (1) Must be created either by (a) the Constitution, (b) the Legislature, or (c) a municipality or other body through authority conferred by the Legislature; superior power other than the law;

Only congressional power or competence, not the wisdom of the action taken, mey be the basis for declaring a statute invalid.

Public Office
Elements

Definition

A public office is the right, authority and duty created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some portion of the sovereign functions of the government, to be exercised by him for the benefit of the public. (Mechem)

(5) Must have some permanency and continuity

(2) Must possess a delegation of a portion of the sovereign power of government, to be exercised for the benefit of the public;

Note: This is not to be applied literally. The Board of Canvassers is a public office, yet its duties are only for a limited period of time.

Purpose and Nature

(3) The powers conferred and the duties discharged must be defined, directly or impliedly by the Legislature or through legislative authority; (cf. Barney v. Hawkins)

A public office is created to effect the end for which government has been instituted which is the common good; not profit, honor, or private interest of any

Public Officer v. Public Employment

Public employment is broader than public office. All public office is public employment, but not all public employment is a public office.

affecting eventhe contract persons not bound by the contract EXCEPTION: Subject Tenure, Matter duration, continuity Limited duration

applies when the law is clear.

Generally, a position is a public office when it is created by law, with duties cast upon the incumbent which involve the exercise of some portion of the sovereign power, and in the performance of which the public is concerned. Public employment is a position which lacks one or more of the foregoing elements.

Scope

Duties that areDuties are generally very specific continuing andto the permanent contract

When the law is vague, the persons holding of the office is protected and he should not be deprived of his office.

Segovia v. Noel

Public Office v. Public Contract

Where The law duties are defined

Contract It is a fundamental principle that a public office cannot be regarded as the property of the incumbent and that a public office is not a public contract. Nonetheless, Act. No. 3107 should be given a prospective effect in the absence of legislative intent to the contrary. Although there is a vested right to an office, which may not be disturbed by legislation, yet the incumbent has, in a sense, a right to his office. If that right is to be taken away by statute, the terms should be clear.

Public Office

Public Contract

No vested right to public office

Creatio n Incident sovereignty ofOriginates from will of contracting parties

GENERAL RULE:

Object

Carrying out ofObligations sovereign asimposed only well asupon the governmental persons who functions entered into

A public office, being a mere privilege given by the state, does not vest any rights in the holder of the office. This rule

Agcaoili v. Suguitan

The Supreme Court held that Agcaoili had not ceased to be a justice of the peace by operation of Act No. 3107. The Segovia ruling was reiterated, i.e. Act No. 3107 should be given prospective effect only, as there was no express statement making the law applicable retroactively.

cannot be substituted counterclaim suit. (2) In an action for recovery of compensation accruing by virtue of the public office

in

the

Cornejo v. Gabriel
Public Office not property
Due process is violated only if an office is considered property. However, a public office is not property within the constitutional guaranties of due process. It is a public trust or agency. As public officers are mere agents and not rulers of the people, no man has a proprietary or contractual right to an office. Every officer accepts office pursuant to law and holds office as a trust for the people whom he represents.

A public office is not the property of the public officer within the provision of the Constitution against deprivation of property without due process of law or within an agreement in a treaty not to impair the property or rights of private individuals.

Exceptions:

(1) In quo warranto proceedings relating to the question as to which of 2 persons is entitled to a public office

Abeja v. Tanada

Public office being personal, the death of a public officer terminates his right to occupy the contested office and extinguishes his counterclaim for damages. His widow and/or heirs