CASE 2013-0028: MANILA MEMORIAL PARK, INC. AND LA FUNERARIA PAZ-SUCAT, INC., PETITIONERS, -VERSUS- SECRETARY OF THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT AND THE SECRETARY OF THE DEPARTMENT OF FINANCE (G.R. NO. 175356, 03 DECEMBER 2013, DEL CASTILLO J.)SUBJECT/S: LEGALITY OF DISCOUNTS FOR SENIOR CITIZENS (BRIEF TITLE: MANILA MEMORIAL VS. DSWD SECRETARY)

 

DISPOSITIVE:

 

“WHEREFORE, THE PETITION IS HEREBY DISMISSED FOR LACK OF MERIT.

 SO ORDERED.”


SUBJECTS/DOCTRINES/DIGEST:

 

PETITIONERS ARGUE THAT THE DISCOUNT GIVEN TO SENIOR CITIZENS (UNDER R.A. 7432 AS AMENDED BY R.A. 9257) WILL FORCE ESTABLISHMENTS TO RAISE THEIR PRICES IN ORDER TO COMPENSATE FOR ITS IMPACT ON OVERALL PROFITS OR INCOME/GROSS SALES. THE GENERAL PUBLIC, OR THOSE NOT BELONGING TO THE SENIOR CITIZEN CLASS, ARE, THUS,  MADE  TO  EFFECTIVELY  SHOULDER  THE  SUBSIDY  FOR  SENIOR  CITIZENS.  THIS,  IN PETITIONERS’ VIEW, IS UNFAIR.  IS PETITIONER’S CONTENTION CORRECT?


NO.

 

CONGRESS  MAY  BE  REASONABLY  ASSUMED  TO  HAVE FORESEEN  THIS  EVENTUALITY.    BUT,  MORE  IMPORTANTLY,  THIS  GOES  INTO  THE  WISDOM, EFFICACY AND EXPEDIENCY OF THE SUBJECT LAW WHICH IS NOT PROPER FOR JUDICIAL REVIEW. 


IN A WAY, THIS LAW PURSUES ITS SOCIAL EQUITY OBJECTIVE IN A NON-TRADITIONAL MANNER UNLIKE PAST AND EXISTING DIRECT SUBSIDY PROGRAMS OF THE GOVERNMENT FOR THE POOR AND MARGINALIZED SECTORS OF OUR SOCIETY.  VERILY, CONGRESS MUST BE GIVEN SUFFICIENT LEEWAY IN FORMULATING WELFARE LEGISLATIONS GIVEN THE ENORMOUS CHALLENGES THAT THE GOVERNMENT FACES RELATIVE TO, AMONG OTHERS, RESOURCE ADEQUACY AND ADMINISTRATIVE CAPABILITY  IN  IMPLEMENTING  SOCIAL  REFORM  MEASURES  WHICH  AIM  TO  PROTECT  AND UPHOLD THE INTERESTS OF THOSE MOST VULNERABLE IN OUR SOCIETY.  IN THE PROCESS, THE INDIVIDUAL, WHO ENJOYS THE RIGHTS, BENEFITS AND PRIVILEGES OF LIVING IN A DEMOCRATIC POLITY, MUST BEAR HIS SHARE IN SUPPORTING MEASURES INTENDED FOR THE COMMON GOOD.


WITHOUT THE REQUISITE SHOWING OF A CLEAR AND UNEQUIVOCAL BREACH OF THE CONSTITUTION, THE VALIDITY OF THE ASSAILED LAW MUST BE SUSTAINED.


TO READ THE DECISION, JUST DOWNLOAD THE FILE BELOW.

 

SCD-2013-0028-DEC 2013- MANILA MEMORIAL

 

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “jabbulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “jabbulao and forum shopping”.