Legal Technique and Logic

Assignment 3
Deadline: February 23, 2017, 11:59PM
Additional direction: name your .doc/.docx files in the following manner: [Surname],
Rhaegar v Republic, for the Republic

Viserys is a statistician by profession. He loves applying his expertise in probability by

playing poker, blackjack, mahjong, the super lotto, and other games of chance. He wins a
lot and loses a lot more.

He ran for and won a seat in the Philippine Senate. Consistent with his first love of
spreading the use of statistics to every province in the country, and after finding the
General Appropriations Act (which was already enacted) insufficient to further his
passion, Senator Viserys authored a bill entitled An Act Appropriating Emergency Funds
for the Philippine Amusement Gaming Corporation and for Other Purposes. The
significant provisions of the bill are as follows:

Section 2. Declaration of policy. It shall be the policy of the State to

invigorate the government-sanctioned gambling industry by making a
long-term commitment of building at least one (1) casino in every
province and city in the country.

Section 3. Appropriation. The amount of ONE HUNDRED TWENTY

MILLION PESOS (Php 120,000,000.00) is hereby appropriated for the
use of PAGCOR to start the urgent need for the construction of new
casinos in the different provinces of the Philippines.

Section 5. Donations to PAGCOR exempt from donors tax and other

kinds of taxes. All donations made to the PAGCOR by any person shall be
exempt from donors tax and any from other kind of taxes as defined in
the National Internal Revenue Code.

The bill was passed by Congress first by the Senate and later by the House of
Representatives. President Theon, a gambling buddy of Senator Viserys, willingly
approved the bill into law.

Rhaegar, a Filipino citizen and dutiful taxpayer, filed before the Supreme Court a petition
for certiorari and prohibition against Executive Secretary Tywin and Budget Secretary
Balerion to enjoin the government from spending public funds for the furtherance of
legalized gambling, believing that doing so is detrimental to public morality. He likewise
wants to have the law (as a whole and especially Sections 3 and 5 cited above) declared
as void for being created in violation of the Constitution.

The Supreme Court, unexpectedly, forwarded the petition to the Manila RTC Br. 991 for
judgment due to the doctrine of judicial hierarchy. The Office of the Solicitor General
(OSG), arguing for the laws constitutionality, handled the cause of the government
without deputation to the assigned prosecutor.

After reception of evidence, the RTC, upon motion of both the OSG and Rhaegar,
ordered the parties to file their trial memorandum through email on or before February
23, 2017, 11:59PM.

Without the need to dwell on the morality of legalized gambling, prepare a trial
memorandum for/against the constitutionality of the assailed law.

Facts:
Petitioner Rhaegar, a Filipino citizen and dutiful taxpayer, filed before the Supreme Court
a petition for certiorari and prohibition against respondents Executive Secretary Tywin
and Budget Secretary Balerion to enjoin the government from spending public funds for
the furtherance of legalized gambling claiming that it is detrimental to public morality.
Petitioner also seek to nullify the law alleging that it was created in violation of the
Constitution.

The significant provisions of the Act entitled An Act Appropriating Emergency Funds
for the Philippine Amusement Gaming Corporation and for Other Purposes, are as
follows:

Section 2. Declaration of policy. It shall be the policy of the State to

invigorate the government-sanctioned gambling industry by making a
long-term commitment of building at least one (1) casino in every
province and city in the country.

Section 3. Appropriation. The amount of ONE HUNDRED TWENTY

MILLION PESOS (Php 120,000,000.00) is hereby appropriated for the
use of PAGCOR to start the urgent need for the construction of new
casinos in the different provinces of the Philippines.

Section 5. Donations to PAGCOR exempt from donors tax and other

kinds of taxes. All donations made to the PAGCOR by any person shall be
exempt from donors tax and any from other kind of taxes as defined in
the National Internal Revenue Code.

The Supreme Court forwarded the petition to the Manila Regional Trial Court Branch No.
991 for judgment due to the doctrine of judicial hierarchy. The Office of the Solicitor
General (OSG), arguing for the laws constitutionality, handled the cause of the
government without deputation to the assigned prosecutor.

After reception of evidence, the RTC, upon motion of both the OSG and Rhaegar,
ordered the parties to file their trial memorandum through email on or before February
23, 2017, 11:59PM.
Legislative power
is the power to pass, repeal or amend or ordinary laws or statutes (as opposed to
organic law).
Is an ordinary power of Congress and of the people, also through initiative and
referendum.
ordinarily needs the approval of the Chief Executive, except when done by people
through initiative and referendum.

Section 20. LEGISLATIVE POWERS

The Organic Act of Autonomous Region shall provide for legislative powers over:
1) Administrative organization;
2) Creation of sources of revenues;
3) Ancestral domain and natural resources
4) Personal, family and property relations
5) Regional, urban, and rural planning development;
6) Economic, social, and tourism development;
7) Educational policies;
8) Preservation and development of the cultural heritage; and
9) Such other matters as may be authorized by law for the promotion of the general
welfare of the people of the region.
Limitations:
1) Subject to the provisions of the Constitution and national laws
2) To be exercised within its territorial jurisdiction