G.R. No. 45685
November 16, 1937
Facts
Act No 4221 or the Probation Act was challenged for being unconstitutional. It is alleged as unconstitutional on three grounds: encroachment on the pardoning power of the president, undue delegation of legislative power, and violation of the equal protection clause.
The equal protection of the laws was alleged to be violated because its applicability is not uniform throughout the Islands and Section 11 of Act No. 4221 endows to the provincial boards the power to make said law effective or not effective in their respective provinces.
Issue
Whether or not there is a violation of the equal protection of laws?
Held
Yes. Section 1 Article 3 of the 1987 Constitution prohibits the denial to any person of the equal protection of laws. It is a constraint on the inherent powers of the State. To ensure the equal protection of laws, class legislation which is discriminating against some and favoring others is prohibited. But, classification on reasonable basis, and not made arbitrarily or capriciously is permissible. Reasonable classification must satisfy the following requisites:
- Based on substantial distinctions which make real differences
- Germane to the purpose of the law
- Not limited to existing conditions only
- Apply equally to each member of the same class
In this case, resultant inequality arises from the unwarranted delegation of legislative power. In the probation act, one province may appropriate the necessary fund to defray the salary of a probation officer, while another province may refuse or fail to do so. In such a case, the Probation Act would be in operation in the former province but not in the latter. Hence, one person may enjoy the benefits of the Probation Act in one province while the other cannot enjoy the benefits in another province whose salary of probation officer were not included in the appropriations of the province. Hence, Act 4221 permits the denial of the equal protection of laws.
Even if it just permits the denial, it is still unconstitutional. The Supreme Court held that there is no difference between a law which denies equal protection and a law which permits of such denial. A law may appear to be fair on its face and impartial in appearance, yet, if it permits of unjust and illegal discrimination, it is within the constitutional prohibition.
The whole act was declared unconstitutional since the unconstitutional provision is the heart of the law. (No probation officer, no probation law)
Summary
General Rule: Class legislation is violative of the equal protection of the laws.
Exception: Reasonable classification which satisfies the four requisites mentioned above.