Hon. Rama et al. vs. Hon. Moises et al. [DECISION]

HON. MICHAEL L. RAMA, IN HIS CAPACITY AS MAYOR OF CEBU CITY, METROPOLITAN CEBU WATER DISTRICT (MCWD), REPRESENTED BY ITS GENERAL MANAGER, ARMANDO PAREDES; THE BOARD OF DIRECTORS OF MCWD, REPRESENTED BY ITS CHAIR, ELIGIO A. PACANA; JOEL MARI S. YU, IN HIS CAPACITY AS MEMBER OF THE MCWD BOARD; AND THE HONORABLE TOMAS R. OSMEÑA, IN HIS CAPACITY AS CONGRESSIONAL REPRESENTATIVE OF THE SOUTH DISTRICT, CEBU CITY, PETITIONERS, VS. HON. GILBERT P. MOISES, IN HIS CAPACITY AS PRESIDING JUDGE OF REGIONAL TRIAL COURT, BRANCH 18, CEBU CITY; AND HON. GWENDOLYN F. GARCIA, IN HER CAPACITY AS GOVERNOR OF THE PROVINCE OF CEBU, RESPONDENTS.

G.R. No. 197146 | 2016-12-06

Republic of the Philippines

Supreme Court

Manila

EN BANC

D E C I S I O N

BERSAMIN, J.:

A law enacted prior to the 1987 Constitution, like a presidential decree, is presumed to be valid and constitutional on the theory that it was carefully studied by the Legislative and Executive Departments prior to its enactment, and determined to be in accord with the Fundamental Law. However, the presumption of validity and constitutionality is overturned and the law should be struck down once it becomes inconsistent with the present Constitution and the later laws.

Antecedents

On May 25, 1973, President Ferdinand E. Marcos issued...