Coconut Oil Refiners vs Torres GR 132527 29 July 2005

Random Musings of A Wandering Jaguar

Facts: This is a Petition to enjoin and prohibit the public respondent Ruben Torres in his capacity as Executive Secretary from allowing other private respondents to continue with the operation of tax and duty-free shops located at the Subic Special Economic Zone (SSEZ) and the Clark Special Economic Zone (CSEZ). The petitioner seeks to declare Republic Act No. 7227 as unconstitutional on the ground that it allowed only tax-free (and duty-free) importation of raw materials, capital and equipment. It reads:

The Subic Special Economic Zone shall be operated and managed as a separate customs territory ensuring free flow or movement of goods and capital within, into and exported out of the Subic Special Economic Zone, as well as provide incentives such as tax and duty-free importations of raw materials, capital and equipment. However, exportation or removal of goods from the territory of the Subic Special Economic Zone to the other…

View original post 359 more words

Central Bank Employees Association vs BSP GR 148208 15 December 2004

Random Musings of A Wandering Jaguar

Facts: The New Central Bank Act abolished the old Central Bank and created the new BSP on 1993 through RA No 7653. Central Bank Employees Association assailed the provision of RA No 7653, Art II Sec 15(c). They contend that it makes an unconstitutional cut between two classes of employees in the BSP, viz: (1) the BSP officers as exempt class of Salary Standardization Law (RA 6758) and (2) the rank-and-file non-exempt class. BSP contends that the exemption of officers (SG 20 and above) from the SSL was intended to address the BSP’s lack of competitiveness in terms of attracting competent officers and executives. It was not intended to discriminate against the rank-and-file.

Issue: Whether or not Section 15(c) violates equal protection right of the BSP r&f employees?

Decision: Sec 15(c) unconstitutional. Judicial notice that other Govt Financial Institution undertook amendment of their charters from 1995 to 2004 – a…

View original post 170 more words

Central Bank Employees Association v. BSP (2004) | Equal Protection Clause

Amor ad Infinitum


  1. Elements of valid class legislation: (1) must rest on substantial distinctions; (2) must be germane to the purposes of the law; (3) must not be limited to existing conditions only; (4) must apply equally to all members of the same class
  2. Relative Constitutionality. The fact that a statute is constitutional at first does not mean it is constitutional forever. The subsequent changes in the original circumstance surrounding the law would affect its validity.


  1. The new Central Bank Act took effect and gave way for the creation of Bangko Sentral ng Pilipinas.
  2. Other Governmental Financial Institutions (GFIs) also amended their charters.
  3. After almost 8 years following the amendment of the GFIs’ charters, BSP’s employees, through petitioner, filed a petition for prohibition against the BSP and the Executive Secretary to restrain the respondents from further implementing the last proviso in Sec. 15, Art. II of the New Central Bank Act…

View original post 617 more words