04/02/2020
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simply a matter of style in constitutional drafting but one of intention in government
structuring. With its inherent ambiguity, the proposed interpretation cannot be made
a basis for declaring a law or governmental act unconstitutional.
A law has in its favor the presumption of constitutionality. For it to be nullified, it
must be shown that there is a clear and unequivocal breach of the Constitution. The
ground for nullity must be clear and beyond reasonable doubt.[52] Any reasonable
doubt should, following the universal rule of legal hermeneutics, be resolved in favor
of the constitutionality of a law.[53]
Ople v. Torres[54] on which AMIN relies is unavailing. In that case, an administrative
order involved a system of identification that required a "delicate adjustment of
various contending state policies" properly lodged in the legislative arena. It was
declared unconstitutional for dealing with a subject that should be covered by law
and for violating the right to privacy.
In the present case, AMIN glaringly failed to show how the reorganization by
executive fiat would hamper the exercise of citizen's rights and privileges. It rested
on the ambiguous conclusion that the reorganization jeopardizes economic, social
and cultural rights. It intimated, without expounding, that the agendum behind the
issuances is to weaken the indigenous peoples' rights in favor of the mining industry.
And it raised concerns about the possible retrogression in DAR's performance as the
added workload may impede the implementation of the comprehensive agrarian
reform program.
AMIN has not shown, however, that by placing the NCIP as an attached agency of
the DAR, the President altered the nature and dynamics of the jurisdiction and
adjudicatory functions of the NCIP concerning all claims and disputes involving rights
of indigenous cultural communities and
indigenous peoples. Nor has it been shown, nay alleged, that the reorganization was
made in bad faith.[55]
As for the other arguments raised by AMIN which pertain to the wisdom or
soundness of the executive decision, the Court finds it unnecessary to pass upon
them. The raging debate on the most fitting framework in the delivery of social
services is endless in the political arena. It is not the business of this Court to join in
the fray. Courts have no judicial power to review cases involving political questions
and, as a rule, will desist from taking cognizance of speculative or hypothetical
cases, advisory opinions and cases that have become moot.[56]
Finally, a word on the last ground proffered for declaring the unconstitutionality of
the assailed issuances ─ that they violate Section 16, Article XIII of the
Constitution[57] on the people's right to participate in decision-making through
adequate consultation mechanisms.
The framers of the Constitution recognized that the consultation mechanisms were
already operating without the State's action by law, such that the role of the State
would be mere facilitation, not necessarily creation of these consultation
mechanisms. The State provides the support, but eventually it is the people,
properly organized in their associations, who can assert the right and pursue the
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