Wednesday, July 29, 2009

Tobias vs Abalos - A case digest

ROBERT V. TOBIAS, ET AL. vs. BENJAMIN S. ABALOS, ET AL.

Facts:

Mandaluyong and San Juan were one legislative district until the passage of the RA 7675 with title An Act Converting the Municipality of Mandaluyong into a Highly Urbanized City to be known as the City of Mandaluyong." Same bill is now in question at to its constitutionality by the petitioners by invoking their right as tax payers and residents of Mandaluyong.

With a plebiscite held on April 10, 1994, people of Mandaluyong voted to for the the conversion of Mandaluyong to a highly urbanized city ratifying RA 7675 and making it in effect.

Issues:

WON RA 7675 is in:

1. Violation of Article VI, Section 26(1) of the Constitution regarding 'one subject one bill rule".

2. Violation of Article VI, Sections 5(1) and (4) as to the number of members of the Congress to 250 and reappropriating the legislative districts.


Ruling:

Applying liberal construction the Supreme Court dismissed the contention of constitutionality pertaining to Art VI 26(1) saying "should be given a practical rather than a technical construction. It should be sufficient compliance with such requirement if the title expresses the general subject and all the provisions are germane to that general subject."

As to Article VI Sec 5(1), the clause "unless otherwise provided by law" was enforced justifying the act of the legislature to increase the number of the members of the congress.

Article VI Sec 5 (4) was also overruled as it was the Congress itself which drafted the bill reapportioning the legislative district.

In view of the foregoing facts, the petition was dismissed for lack of merit.

0 comments:

Custom Search

Classmates

  © Blogger templates The Professional Template by Ourblogtemplates.com 2008

Back to TOP