ENDENCIA VS. DAVID



FACTS
This is a joint appeal from the decision of the Court of First Instance in Manila declaring section 13 of RA No. 590 unconstitutional and ordering the appellant Saturnino David as Collector of Internal Revenue to refund to Justice Pastor Endencia and to Justice Fernando Jugo the income tax collected on their salary. When the SC held in the Perfecto case that judicial officers exempt from salary tax because the collection thereof was a decrease or diminution of their salaries which is prohibited by the Constitution, the Congress thereafter promulgated RA No. 590, authorizing and legalizing the collection of income tax on the salaries of  judicial officers.

ISSUE
Whether or not Section 13 of RA 590 is constitutional


HELD
When it is clear that a statute transgresses the authority vested in the legislature by the Constitution, it is the duly of the courts to declare the act unconstitutional. Section 13, RA No. 590 is a clear example of interpretation or ascertainment of the meaning of the phrase found in section 9, Art. VIII of the Constitution which refers to the salaries of judicial officers. This act interpreting the Constitution or any part thereof by the Legislature is an invasion of the well-defined and established province and jurisdiction of the Judiciary. The Legislature may not legally provide therein that a statue be interpreted in such a way that it may not violate a Constitutional prohibition, thus the unconstitutionality of Section 13 of RA No. 590.

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