CB Empl Assoc v BSP; GR No. 148208; 15 Dec 2004

in Legal Chyme by

On 03 Jul 1993, R.A. No. 7653 (the New Central Bank Act) took effect abolishing the old Central Bank and creating the BSP. On 08 Jun 2001, petitioner filed a petition prohibiting BSP and the Executive Secretary of the Office of the President from further implementing the last proviso in Section 15(c), Article II of R.A. 7653.

Whether or not the Supreme Court may properly rule to void a provision that has been deemed unconstitutional.

YES. Under most circumstances, the Court will exercise judicial restraint in deciding questions of unconstitutionality, recognizing the borad discretion given to Congress in exercising its legislative power. The challenged proviso operates on the basis of the salary grade or employee status. It is akin to a distinction based on economic class and status. Any act of Congress that runs counter to the constitutional desideratum, “to free the people from poverty, provide adequate social services, extend to them a decent standard of living, and improve the quality of life for all,” deserves scrutiny by this court before it can pass muster.

Leave a Reply

Your email address will not be published.


This site uses Akismet to reduce spam. Learn how your comment data is processed.