Pharmaceutical and Health Care Association of the Philippines vs. Duque

Pharmaceutical and Health Care Association of the Philippines   vs. Duque


Named as respondents are the Health Secretary, Undersecretaries, and Assistant Secretaries of the Department of Health (DOH). For purposes of herein petition, the DOH is deemed impleaded as a co-respondent since respondents issued the questioned RIRR in their capacity as officials of said executive agency.1Executive Order No. 51 (Milk Code) was issued by President Corazon Aquino on October 28, 1986 by virtue of the legislative powers granted to the president under the Freedom Constitution. One of the preambular clauses of the Milk Code states that the law seeks to give effect to Article 112 of the International Code of Marketing of Breastmilk Substitutes (ICMBS), a code adopted by the World Health Assembly (WHA) in 1981. From 1982 to 2006, the WHA adopted several Resolutions to the effect that breastfeeding should be supported, promoted and protected, hence, it should be ensured that nutrition and health claims are not permitted for breastmilk substitutes.In 1990, the Philippines ratified the International Convention on the Rights of the Child. Article 24 of said instrument provides that State Parties should take appropriate measures to diminish infant and child mortality, and ensure that all segments of society, specially parents and children, are informed of the advantages of breastfeeding. On May 15, 2006, the DOH issued herein assailed RIRR which was to take effect on July 7, 2006.


Issue: . Whether Administrative Order or the Revised Implementing Rules and Regulations (RIRR) issued by the Department of Health (DOH) is not constitutional;


Held: YES

under Article 23, recommendations of the WHA do not come into force for members,in the same way that conventions or agreements under Article 19 and regulations under Article 21 come into force. Article 23 of the WHO Constitution reads:
Article 23. The Health Assembly shall have authority to make recommendations to Members with respect to any matter within the competence of the Organization
for an international rule to be considered as customary law, it must be established that such rule is being followed by states because they consider it obligatory to comply with such rules

Under the 1987 Constitution, international law can become part of the sphere of domestic law either

By transformation or incorporation. The transformation method requires that an international law be transformed into a domestic law through a constitutional mechanism such as local legislation. The incorporation method applies when, by mere constitutional declaration, international law is deemed to have the force of domestic law.

 Consequently, legislation is necessary to transform the provisions of the WHA Resolutions into domestic law. The provisions of the WHA Resolutions cannot be considered as part of the law of the land that can be implemented by executive agencies without the need of a law enacted by the legislature

source: Full Text http://www.lawphil.net/judjuris/juri2007/oct2007/gr_173034_2007.html

Oposa vs. Factoran, G.R. 101083

Oposa vs. Factoran, G.R. 101083
Fact:


a cause of action to "prevent the misappropriation or impairment" of Philippine rainforests and "arrest the unabated hemorrhage of the country's vital life support systems and continued rape of Mother Earth."


The complaint2 was instituted as a taxpayers' class suit 3 and alleges that the plaintiffs "are all citizens of the Republic of the Philippines, taxpayers, and entitled to the full benefit, use and enjoyment of the natural resource treasure that is the country's virgin tropical forests." The same was filed for themselves and others who are equally concerned about the preservation of said resource but are "so numerous that it is impracticable to bring them all before the Court." The minors further asseverate that they "represent their generation as well as generations yet unborn." 4Consequently, it is prayed for that judgment be rendered:


1] Cancel all existing timber license agreements in the country;
2] Cease and desist from receiving, accepting, processing, renewing or approving new timber license agreements.


Plaintiffs further assert that the adverse and detrimental consequences of continued and deforestation are so capable of unquestionable demonstration that the same may be submitted as a matter of judicial notice.


Issue: Whether or not petitioners have a cause of action?


HELD: YES


petitioners have a cause of action. The case at bar is of common interest to all Filipinos. The right to a balanced and healthy ecology carries with it the correlative duty to refrain from impairing the environment. The said right implies the judicious management of the country’s forests. This right is also the mandate of the government through DENR. A denial or violation of that right by the other who has the correlative duty or obligation to respect or protect the same gives rise to a cause of action. All licenses may thus be revoked or rescinded by executive action.


The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment

source: Full text http://www.lawphil.net/judjuris/juri1993/jul1993/gr_101083_1993.html

REPUBLIC VS. VILLASOR, ET AL.

REPUBLIC VS. VILLASOR, ET AL.

 G.R. No. L-30671 November 28, 1973

 Facts: On July 7, 1969, a decision was rendered in Special Proceedings No. 2156-R infavor of respondents P.J. Kiener Co., Ltd., Gavino Unchuan, and InternationalConstruction Corporation and against petitioner confirming the arbitration award in theamount of P1,712,396.40.The award is for the satisfactionof a judgment against thePhlippine Government.On June 24, 1969, respondent Honorable Guillermo Villasor issued an Orderdeclaring thedecision final and executory.Villasor directed the Sheriffs of RizalProvince, Quezon City as well as Manilato execute said decision.The Provincial Sheriffof Rizal served Notices of Garnishment with several Banks,specially on PhilippineVeterans Bank and PNB.The funds of the Armed Forces of the Philippines on deposit with PhilippineVeterans Bank andPNB are public funds duly appropriated and allocated for thepayment of pensions of retirees, pay andallowances of military and civilian personneland for maintenance and operations of the AFP.Petitioner, on certiorari, filed prohibition proceedings against respondent JudgeVillasor for acting in excess of jurisdiction with grave abuse of discretion amounting tolack of jurisdiction in grantingthe issuance of a Writ of Execution against the propertiesof the AFP, hence the notices and garnishment arenull and void.

Issue: Is the Writ of Execution issued by Judge Villasor valid?

 Held: What was done by respondent Judge is not in conformity with the dictates of theConstitution.It isa fundamental postulate of constitutionalism flowing from the juristicconcept of sovereignty that the stateas well as its government is immune from suitunless it gives its consent.A sovereign is exempt from suit,not because of any formalconception or obsolete theory, but on the logical and practical ground that therecan beno legal right as against the authority that makes the law on which the right depends.The State may not be sued without its consent. A corollary, both dictated by logicand soundsense from a basic concept is that public funds cannot be the object of agarnishment proceeding even if theconsent to be sued had been previously granted andthe state liability adjudged.The universal rule that wherethe State gives its consent tobe sued by private parties either by general or special law, it may limitclaimant’s actiononly up to the completion of proceedings anterior to the stage of execution and thatthepower of the Courts ends when the judgment is rendered, since the government fundsand properties maynot be seized under writs of execution or garnishment to satisfy suchjudgments, is based on obviousconsiderations of public policy.Disbursements of publicfunds must be covered by the correspondingappropriation as required by law.Thefunctions and public services rendered by the State cannot be allowedto be paralyzedor disrupted by the diversion of public funds from their legitimate and specific objects,asappropriated by law

source: Full Text http://balaod.wordpress.com/2006/07/31/republic-vs-guillermo-p-villasor-et-al/

Lasco vs UNRFNRE

Case Digest_Eldepio Lasco et al v United Nations Revolving Fund For Natural Resources Exploration (UNRFNRE)
G.R. Nos. 109095-109107 February 23, 1995

Facts: Petitioners were dismissed from their employment with privaterespondent, the United Nations Revolving Fund for NaturalResourcesExploration (UNRFNRE), which is a special fund and subsidiary organ of theUnited Nations.The UNRFNRE is involved in a joint project of thePhilippineGovernment and the United Nations for exploration work in Dinagat Island.Petitioners are thecomplainants for illegal dismissal and damages.Private respondent alleged that respondent Labor Arbiter had no jurisdiction over its personality since itenjoyed diplomatic immunity.

Issue:WON specialized agencies enjoy diplomatic immunity

Held:Petition is dismissed. This is not to say that petitioner have no recourse.Section 31 of the Convention on the Privileges and Immunitiesof the SpecializedAgencies of the United Nations states that ³each specialized agency shall makea provision for appropriate modes of settlement of (a) disputes arising out of contracts or other disputes of private character to which thespecialized agencyisa party.´ Private respondent is not engaged in a commercial venture in thePhilippines.Its presence is by virtue of a joint project entered into by thePhilippine Government and theUnited Nations for mineral exploration in DinagatIsland

source: full text http://www.lawphil.net/judjuris/juri1995/feb1995/gr_109095_109107_1995.html