Philippine Judges Association v Prado; G.R. No. 105371; 11 Nov 1993; 227 SCRA 703

in Legal Chyme by

Section 35 of RA 7354, the law creating the Philippine Postal Corporation, withdraws the franking privileges from the judiciary, along with certain other government offices.

Whether or not Section 35 of RA 7354 violates the equal protection guarantee of the Constitution.

YES. In lumping the Judiciary with the other offices from which the franking privilege has been withdrawn, Section 35 has placed the courts of justice in a category to which it does not belong. If it recognizes the need of the President of the Philippines and the members of Congress for the franking privilege, there is no reason why it should not recognize a similar and in fact greater need on the part of the Judiciary for such privilege.

Petition is GRANTED and Section 35 of RA 7354 is declared UNCONSTITUTIONAL. Circular No. 92-28 is SET ASIDE insofar as it withdraws the franking privilege from the judiciary.

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