Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor found a prima
ENDENCIA vs. DAVID
G.R .No. L-6355-56, August 31, 1953 - 93 Phil. 696
FACTS:
Saturnino David, then Collector of Internal Revenue, ordered the taxing of Justice Pastor Endencia’s and Justice Fernando Jugo’s salary pursuant to Sec 13 of RA 590 which provides that:
According to the brief of the Solicitor General on behalf of appellant Collector of Internal Revenue, the decision in the case of Perfecto vs. Meer, supra, was not received favourably by Congress, because immediately after its promulgation, Congress enacted Republic Act No.590. To bring home his point, the Solicitor General reproduces what he considers the pertinent discussion in the Lower House of House Bill No. 1127 which became Republic Act No. 590.
ISSUES:
On the issue of imposition of income tax upon the salaries of the judges, in a rather exhaustive and well considered decision found and held under the doctrine laid down by the court in the case of Perfecto vs. Meer, 85 Phil 552, Judge Higinio B. Macadaeg held that the collection of income taxes from the salaries of Justice Jugo and Justice Endencia was in violation of the Constitution of the Philippines, and so ordered the refund of said taxes.
On the issue of whether Section 13 of Republic Act No. 590 is constitutional, the court believes that this is a clear example of interpretation or ascertainment of the meaning of the phrase “which shall not be diminished during their continuance in office,” found in section 9, Article VIII of the Constitution, referring to the salaries of judicial officers. By legislative fiatas enunciated in section 13, Republic Act No. 590, Congress says that taxing the salary of a judicial officer is not a decrease of compensation.
This act of interpreting the Constitution or any part thereof by the Legislature is an invasion of the well-defined and established province and jurisdiction of the Judiciary. “The rule is recognized elsewhere that the legislature cannot pass any declaratory act, or act declaratory of what the law was before its passage, so as to give it any binding weight with the courts. A legislative definition of a word as used in a statute is not conclusive of its meaning as used elsewhere; otherwise, the legislature would be usurping a judicial function in defining a term. The court reiterates the doctrine laid down in the case of Perfecto vs. Meer, supra, to the effect that the collection of income tax on the salary of a judicial officer is a diminution thereof and so violates the Constitution.
Further, the court holds that the interpretation and application of the Constitution and of statutes is within the exclusive province and jurisdiction of the judicial department, and that in enacting a law, the Legislature may not legally provide therein that it be interpreted in such a way that it may not violate a Constitutional prohibition, thereby tying the hands of the courts in their task of later interpreting said statute, especially when the interpretation sought and provided in said statute runs counter to a previous interpretation already given in a case by the highest court of the land. Thus the court holds that judgment is affirmed, that Section 13, Republic Act 590 in so far as it provides that taxing of the salary of a judicial officer shall be considered “not to be a diminution of his compensation fixed by the Constitution or by law”, constitutes and invasion of the province and jurisdiction of the judiciary.
In this sense, the court is of the opinion that said section is null and void, it being a transgression of the fundamental principles underlying the separation of powers.
In the light of the issue on imposing income tax on judges salaries, dissenting opinion of court cited that judges are also citizens and thus their salaries are subjected to the Income Tax Law prevailing.
The debates, interpellations and opinions expressed regarding the constitutional provision in question until it was finally approved by the Commission disclosed that the true intent of the framers of the 1987 Constitution, in adopting it, was to make the salaries of members of the Judiciary taxable. The ascertainment of that intent is but in keeping with the fundamental principle of constitutional construction that the intent of the framers of the organic law and of the people adopting it should be given effect.
Hence, court affirms judgment as in Perfecto vs. Meer on the issue of imposing income tax on judges’ salaries.
FACTS:
Saturnino David, then Collector of Internal Revenue, ordered the taxing of Justice Pastor Endencia’s and Justice Fernando Jugo’s salary pursuant to Sec 13 of RA 590 which provides that:
SEC. 13. No salary wherever received by any public officer of the Republic of the Philippines shall be considered as exempt from the income tax, payment of which is hereby declared not to be a diminution of his compensation fixed by the Constitution or by law.
According to the brief of the Solicitor General on behalf of appellant Collector of Internal Revenue, the decision in the case of Perfecto vs. Meer, supra, was not received favourably by Congress, because immediately after its promulgation, Congress enacted Republic Act No.590. To bring home his point, the Solicitor General reproduces what he considers the pertinent discussion in the Lower House of House Bill No. 1127 which became Republic Act No. 590.
ISSUES:
- Whether or not the imposition of an income tax upon the salaries of Justice Endencia and Justice Jugo and other members of the Supreme Court and all judges of inferior courts amount to a diminution.
- Whether or not Section 13 of Republic Act No. 590 constitutional.
On the issue of imposition of income tax upon the salaries of the judges, in a rather exhaustive and well considered decision found and held under the doctrine laid down by the court in the case of Perfecto vs. Meer, 85 Phil 552, Judge Higinio B. Macadaeg held that the collection of income taxes from the salaries of Justice Jugo and Justice Endencia was in violation of the Constitution of the Philippines, and so ordered the refund of said taxes.
On the issue of whether Section 13 of Republic Act No. 590 is constitutional, the court believes that this is a clear example of interpretation or ascertainment of the meaning of the phrase “which shall not be diminished during their continuance in office,” found in section 9, Article VIII of the Constitution, referring to the salaries of judicial officers. By legislative fiatas enunciated in section 13, Republic Act No. 590, Congress says that taxing the salary of a judicial officer is not a decrease of compensation.
This act of interpreting the Constitution or any part thereof by the Legislature is an invasion of the well-defined and established province and jurisdiction of the Judiciary. “The rule is recognized elsewhere that the legislature cannot pass any declaratory act, or act declaratory of what the law was before its passage, so as to give it any binding weight with the courts. A legislative definition of a word as used in a statute is not conclusive of its meaning as used elsewhere; otherwise, the legislature would be usurping a judicial function in defining a term. The court reiterates the doctrine laid down in the case of Perfecto vs. Meer, supra, to the effect that the collection of income tax on the salary of a judicial officer is a diminution thereof and so violates the Constitution.
Further, the court holds that the interpretation and application of the Constitution and of statutes is within the exclusive province and jurisdiction of the judicial department, and that in enacting a law, the Legislature may not legally provide therein that it be interpreted in such a way that it may not violate a Constitutional prohibition, thereby tying the hands of the courts in their task of later interpreting said statute, especially when the interpretation sought and provided in said statute runs counter to a previous interpretation already given in a case by the highest court of the land. Thus the court holds that judgment is affirmed, that Section 13, Republic Act 590 in so far as it provides that taxing of the salary of a judicial officer shall be considered “not to be a diminution of his compensation fixed by the Constitution or by law”, constitutes and invasion of the province and jurisdiction of the judiciary.
In this sense, the court is of the opinion that said section is null and void, it being a transgression of the fundamental principles underlying the separation of powers.
In the light of the issue on imposing income tax on judges salaries, dissenting opinion of court cited that judges are also citizens and thus their salaries are subjected to the Income Tax Law prevailing.
The debates, interpellations and opinions expressed regarding the constitutional provision in question until it was finally approved by the Commission disclosed that the true intent of the framers of the 1987 Constitution, in adopting it, was to make the salaries of members of the Judiciary taxable. The ascertainment of that intent is but in keeping with the fundamental principle of constitutional construction that the intent of the framers of the organic law and of the people adopting it should be given effect.
Hence, court affirms judgment as in Perfecto vs. Meer on the issue of imposing income tax on judges’ salaries.