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GSIS, LBP, DBP and SSS personnel are all exempted from the coverage of the SSL; thus within the class of rank-and-file personnel of government financial institutions (GFIs), the BSP rank-and-file are also discriminated upon;6 and e. 7653 has a separability clause, which will allow the declaration of the unconstitutionality of the proviso in question without affecting the other provisions; and (b) the urgency and propriety of the petition, as some 2,994 BSP rank-and-file employees have been prejudiced since 1994 when the proviso was implemented. The equal protection clause does not forbid discrimination as to things that are different. The compensation plan shall be comparable with the prevailing compensation plans of other government financial institutions and shall be subject to review by the Board no more than once every two (2) years without prejudice to yearly merit reviews or increases based on productivity and profitability.
Petitioner also claims that it is not germane to the purposes of Section 15(c), Article II of R. 1235, without showing its relevance to the objectives of the law, and even admitted by one senator as discriminatory against low-salaried employees of the BSP;5 d. Equality of operation of statutes does not mean indiscriminate operation on persons merely as such, but on persons according to the circumstances surrounding them. The Constitution does not require that things which are different in fact be treated in law as though they were the same. xxx       xxx       xxx A compensation structure, based on job evaluation studies and wage surveys and subject to the Board's approval, shall be instituted as an integral component of the Corporation's human resource development program: Provided, That all positions in the Corporation shall be governed by a compensation, position classification system and qualification standards approved by the Board based on a comprehensive job analysis and audit of actual duties and responsibilities.
Hence, legislative classification may in many cases properly rest on narrow distinctions, for the equal protection guaranty does not preclude the legislature from recognizing degrees of evil or harm, and legislation is addressed to evils as they may appear. 8763 (2000) for Home Guaranty Corporation (HGC);38 and 7. In this second level of scrutiny, the inequality of treatment cannot be justified on the mere assertion that each exemption (granted to the seven other GFIs) rests "on a policy determination by the legislature." All legislative enactments necessarily rest on a policy determination - even those that have been declared to contravene the Constitution.
But we should not lose sight of the fact that these obligations had been pending since 1945 as a result of the issuance of Executive Orders Nos. Ruled the Court: The constitutionality of such legislation was sustained because it applied to all similar corporations and had for its object the safety of persons on a train and the protection of property. Second, it is certainly misleading to say that "the need for the scope of exemption necessarily varies with the particular circumstances of each institution." Nowhere in the deliberations is there a cogent basis for the exclusion of the BSP rank-and-file from the exemption which was granted to the rank-and-file of the other GFIs and the SEC.
The landmark ruling states:31 The question now to be determined is, is the period of eight (8) years which Republic Act No. The police power is subject to the constitutional limitation that it may not be exerted arbitrarily or unreasonably." A number of prior opinions of that court are cited in support of the statement. A statute nondiscriminatory on its face may be grossly discriminatory in its operation. 7907 (1995) for Land Bank of the Philippines (LBP); 2. The Benchmark Position Schedule enumerates the position titles that fall within Salary Grades 1 to 20. Subsequent amendments to the charters of other GFIs followed.
342 grants to debtors of a monetary obligation contracted before the last global war and who is a war sufferer with a claim duly approved by the Philippine War Damage Commission reasonable under the present circumstances? 342 only extends relief to debtors of prewar obligations who suffered from the ravages of the last war and who filed a claim for their losses with the Philippine War Damage Commission. The State of Florida for many years had a statute, F. Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.35 (emphasis supplied, citations omitted) [W]e see no difference between a law which denies equal protection and a law which permits of such denial. 7907 8282 8289 8291 8523 8763 9302 = consequential unconstitutionality of challenged proviso. 7653 is also violative of the equal protection clause because after it was enacted, the charters of the GSIS, LBP, DBP and SSS were also amended, but the personnel of the latter GFIs were all exempted from the coverage of the SSL.37 Thus, within the class of rank-and-file personnel of GFIs, the BSP rank-and-file are also discriminated upon. Significantly, each government financial institution (GFI) was not only expressly authorized to determine and institute its own compensation and wage structure, but also explicitly exempted - without distinction as to salary grade or position - all employees of the GFI from the SSL.
On June 8, 2001, almost eight years after the effectivity of R. Quite simplistically, he argues that the classification is based on actual and real differentiation, even as it adheres to the enunciated policy of R. Issue Thus, the sole - albeit significant - issue to be resolved in this case is whether the last paragraph of Section 15(c), Article II of R. The equal protection of the laws clause of the Constitution allows classification. 3844] is hereby amended to read as follows: Section 90. - xxx       xxx       xxx All positions in the Bank shall be governed by a compensation, position classification system and qualification standards approved by the Bank's Board of Directors based on a comprehensive job analysis and audit of actual duties and responsibilities. It shall however endeavor to make its system conform as closely as possible with the principles under Republic Act No. (emphases supplied) Thus, eleven years after the amendment of the BSP charter, the rank-and-file of seven other GFIs were granted the exemption that was specifically denied to the rank-and-file of the BSP. The above-mentioned subsequent enactments, however, that considerably alter the reasonability of the continued operation of the last proviso of Section 15(c), Article II of Republic Act No.
It abolished the old Central Bank of the Philippines, and created a new BSP. 7653, petitioner Central Bank (now BSP) Employees Association, Inc., filed a petition for prohibition against BSP and the Executive Secretary of the Office of the President, to restrain respondents from further implementing the last proviso in Section 15(c), Article II of R. the assailed proviso has caused the demoralization among the BSP rank-and-file and resulted in the gross disparity between their compensation and that of the BSP officers'.7 In sum, petitioner posits that the classification is not reasonable but arbitrary and capricious, and violates the equal protection clause of the Constitution.8 Petitioner also stresses: (a) that R. Petitioner concludes that: (1) since the inequitable proviso has no force and effect of law, respondents' implementation of such amounts to lack of jurisdiction; and (2) it has no appeal nor any other plain, speedy and adequate remedy in the ordinary course except through this petition for prohibition, which this Court should take cognizance of, considering the transcendental importance of the legal issue involved.9 Respondent BSP, in its comment,10 contends that the provision does not violate the equal protection clause and can stand the constitutional test, provided it is construed in harmony with other provisions of the same law, such as "fiscal and administrative autonomy of BSP," and the mandate of the Monetary Board to "establish professionalism and excellence at all levels in accordance with sound principles of management." The Solicitor General, on behalf of respondent Executive Secretary, also defends the validity of the provision. 7653 to establish professionalism and excellence within the BSP subject to prevailing laws and policies of the national government.11 II. 7653, runs afoul of the constitutional mandate that "No person shall be. It does not prohibit legislation which is limited either in the object to which it is directed or by the territory within which it is to operate. The Corporation shall therefore be exempt from existing laws, rules and regulations on compensation, position classification and qualification standards. 7653 was confined to an evaluation of its classification between the rank-and-file and the officers of the BSP, found reasonable because there were substantial distinctions that made real differences between the two classes.
his period seems to us unreasonable, if not oppressive. The Court ruled that the statutes became invalid as denying "equal protection of the law," in view of changed conditions since their enactment. Yet, under the law the operators of that mode of competitive transportation are not subject to the same extraordinary legal responsibility for killing such animals on the public roads as are railroad companies for killing them on their private rights of way. But it bears emphasis that, while each GFI has a mandate different and distinct from that of another, the deliberations show that the raison d'être of the SSL-exemption was inextricably linked to and for the most part based on factors common to the eight GFIs, i.e., (1) the pivotal role they play in the economy; (2) the necessity of hiring and retaining qualified and effective personnel to carry out the GFI's mandate; and (3) the recognition that the compensation package of these GFIs is not competitive, and fall substantially below industry standards.