Article VI: The Legislative Department

Jun 21st, 2015
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The policy of the courts is to avoid ruling on constitutional questions and to presume that the acts of the political departments are valid in the absence of a clear and unmistakable showing to the contrary.

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CASE (Article VI: The Legislative Department)MAIN POINTFACTSISSUEHELDSection 28CIR v. SantosThe policy of the courts is to avoid ruling on constitutional questions and to presume that the acts of the political departments are valid in the absence of a clear and unmistakable showing to the contrary. This is not to say that RTC has no power whatsoever to declare a law unconstitutional. But this authority does not extend to deciding questions which pertain to legislative policy. RTC have the power to declare the law unconstitutional but this authority does not extend to deciding questions which pertain to legislative policy. RTC can only look into the validity of a provision, that is whether or not it has been passed according to the provisions laid down by law, and thus cannot inquire as to the reasons for its existence.Guild of Phil. Jewellers questions the constitutionality of certain provisions of the NIRC and Tariff and Customs Code of the Philippines. It is their contention that present Tariff and tax structure increases manufacturing costs and render local jewelry manufacturers uncompetitive against other countries. In support of their position, they submitted what they purported to be an exhaustive study of the tax rates on jewelry prevailing in other Asian countries, in comparison to tax rates levied in the country. Judge Santos of RTC Pasig ruled that the laws in question are confiscatory and oppressive and declared them INOPERATIVE and WITHOUT FORCE AND EF

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