Case Summary (G.R. No. 34674)
Nature of the Petition and Constitutional Challenge
Cruz filed in the Court of First Instance an original petition for a writ of mandatory injunction to compel issuance of a permit for his imported cattle. He attacked Act No. 3155 as unconstitutional, arguing it exceeded legislative power by indiscriminately prohibiting cattle importation and delegating unfettered discretion to the Governor-General.
Statutory Scheme under Act No. 3155
Section 1 of Act No. 3155 prohibits all cattle importation into the Philippine Islands after March 31, 1925, subject to suspension or repeal by the Governor-General with concurrence of both legislative presiding officers. Section 2 repeals inconsistent laws, and Section 3 makes the act effective upon approval (March 8, 1924).
Trial Court’s Demurrer and Dismissal
The respondent demurred for failure to state a cause of action, contending that (1) even if Act No. 3155 were void, Act No. 3052 would govern and still bar importation without departmental approval; and (2) Act No. 3155 is itself constitutional. The Court of First Instance sustained the demurrer and dismissed the complaint, prompting Cruz’s appeal.
Interaction with Act No. 3052
Act No. 3052 amended section 1762 of the Administrative Code to prohibit cattle importation but allowed limited exceptions—up to 500 head of thoroughbreds per annum for breeding and any draft or serum-manufacture cattle—only with the Director of Agriculture’s and department head’s joint approval. The respondent argued that, if Act No. 3155 fell, Act No. 3052 would automatically resume full force.
Principle of Statutory Construction on Unconstitutional Laws
The Court reaffirmed that a statute declared void cannot operate to repeal earlier laws by implication. An unconstitutional act is “as though it never existed,” leaving prior law intact. Therefore, invalidating Act No. 3155 would not free Cruz from Act No. 3052’s restrictions.
Avoidance of Unnecessary Constitutional Ruling
Consistent with precedent, the Court declines to decide constitutional questions when not essential to relief. Since Act No. 3052 alone would bar the petitioner’s request, the validity of Act No. 3155 need not be judicially examined to resolve the case.
Validation of Act No. 3155 under Police Power
The Court nonetheless upheld Act No. 3155 as a valid exercise of the police power to protect public health and the cattle industry from foreign diseases. Legislative judgments on public welfare and quarantine measures are entitled to deference unless shown to exceed constitutional authority.
Delegation of Discretion to the Governor-General
The reservation of power to the Governor-General to suspend the prohibition was charac
...continue readingCase Syllabus (G.R. No. 34674)
Procedural Background
- Petitioner filed an original petition in the Court of First Instance of Manila seeking a writ of mandatory injunction against the Director of the Bureau of Animal Industry.
- The relief sought was an order compelling the respondent to issue a permit to land ten imported cattle and to authorize their slaughter.
- The petition challenged the constitutionality of Act No. 3155, which then prohibited the importation of cattle from foreign countries into the Philippine Islands.
- The respondent demurred on two grounds:
- Even without Act No. 3155, Act No. 3052 would become effective and still bar the permit.
- Act No. 3155 is constitutional and valid.
- The trial court sustained the demurrer and dismissed the petition for failure to state a cause of action; no amended complaint was filed.
- Petitioner appealed the dismissal to the Supreme Court.
Factual Context and Statutory Framework
- Act No. 3155 (approved March 8, 1924) expressly prohibited the importation of cattle into the Philippines after March 31, 1925, subject to discretionary lifting by the Governor-General with legislative concurrence.
- The prohibition aimed to guard against foreign cattle diseases.
- Act No. 3052 (approved March 14, 1922) amended Administrative Code §1762, generally barring live cattle importation, but allowing limited thoroughbred imports (up to 500 head annually) with departmental approval and mandating regulations for serum-manufacturing cattle.
- Act No. 3052 would take effect six months after approval and empowered the Governor-General to regulate prices and suspend prohibitions by executive order.
Key Legal Issues
- Does Act No. 3155 unlawfully conflict with or nullify Act No. 3052 if declared unconstitution