Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 991, Manila City

RHAEGAR DELA CRUZ

Petitioner,

For: Petition for Certiorari

and Prohibition from
Spending Public Funds to
be used by PAGCOR

-versusEXECUTIVE SECRETARY TYWIN

and

BUDGET SECRETARY BALERION

Respondents
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MEMORANDUM

COME NOW RESPONDENTS, through the undersigned

counsel, unto this Honorable Court most respectfully submit
and present this Memorandum in the above-titled case and
aver that:

THE PARTIES

1.

Respondents Executive Secretary Tywin and Budget

Secretary Balerion, through a Petition for Certiorari
and Prohibition filed by herein petitioner, were
enjoined from spending public funds for the herein
assailed bill, where they may be served with legal
processes and notices issued by this Honorable Court;

2.

Petitioner Rhaegar Dela Cruz is a Filipino citizen,

dutiful taxpayer, and may be served with legal
processes and other judicial notices thereto.

I.

STATEMENT OF FACTS

1. The Author of the assailed Bill, Viserys, is a

Statistician by profession and loves to apply his
expertise in probability by playing games of chance;
2. Thereafter, he ran and fortunately won a seat in the
Philippine Senate;
3. Senator Viserys is consistent in spreading the use of
statistics to every province in the country, and he
likewise find that the General Appropriations Act is
insufficient to further his said passion;
4. He therefore authored the assailed bill entitled An Act
Appropriating Emergency Funds for the Philippine
Amusement Gaming Corporation and for Other
Purposes, which was later passed into law. 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.

5. Petitioner Rhaegar, believing that to legalized gambling

would be detrimental to public morality, filed before
the Supreme Court a Petition for Certiorari and
Prohibition against herein Respondents to enjoin from
spending public funds;
6. Petitioner likewise prayed that the assailed bill be
declared null and void for being violative to the
Constitution,;
7. The Supreme Court forwarded the Petition to
Honorable RTC Manila Branch 991 for judgment
following the doctrine of Judicial Hierarchy, and
ordered for the Parties to file their respective
memorandum;
Hence, the filing of the instant Memorandum.

II.

ISSUES OF THE CASE

A.)
WHETHER OR NOT THE BILL ENTITLED
AN ACT APPROPRIATING EMERGENCY FUNDS
FOR THE PHILIPPINE AMUSEMENT GAMING
CORPORATION AND FOR OTHER PURPOSES IS
VIOLATIVE TO THE CONSTITUTION;
B.)
WHETHER OR NOT THE LEGISLATURE
MAY APPROPRIATE EMERGENCY FUNDS TO
BE USED BY PAGCOR

III.

ARGUMENTS

A.)
The passage of the assailed bill is a proper
exercise of States inherent Police Power;
B.)

The Constitution vested to the Legislature the

power to Appropriate Funds;

C.)
Presumption
upheld.

IV.

of

Constitutionality

shall

be

DISCUSSION

States inherent Police Power

It is a well-settled principle in our legal system that the State,
through its inherent Police Power, has the authority to enact
legislation that may interfere with personal liberty or property
to promote the general welfare. This power is vested in the
legislature branch by the Constitution to make, ordain,
establish all manner of wholesome and reasonable laws for the
good and welfare of the State and its people.(1)
1 Ermita Malate Hotel vs City Mayor (July 31, 1967)

Anent to the two tests in order to justify the police power, the
herein assailed bill was enacted for the purpose of invigorating
and allowing the PAGCOR to build at least one (1) casino in
every province. PAGCOR is engaged in a business affected with
public interest, and it has been considered as the equivalent of
subject to the exercise of the police power. (2) Being a
Corporate that is beneficial not just to the government but to
the society in general, as well as a reliable source of much
needed revenue, there is no doubt that its regulation is
lawfully subject to the States inherent police power.
As by the means employed, there exists a reasonable
connection between it and the purpose sought to be achieved
by the questioned bill. Building at least one (1) Casino in every
province or city is neither unreasonable nor harmful means in
order to attain its purpose.

Appropriation of Funds: a power vested in

the Philippine Legislature
Anent to petitioners attack of Section 3:
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.
It is, in fact, in accordance with the Constitutional mandate
that the Appropriation of funds is a duty vested in the
Philippine Legislature. The questioned Section 3 relates
specifically its appropriation, moreover, it specify the purpose
for which it is intended, all in harmony with the provisions in
Constitution.
All laws are presumed to be Constitutional
2 Bernas, The 1987 Constitution of the Republic of the Philippines, A Commentary,
1996 ed., p. 1053

Every law has in its favor the presumption of constitutionality.

Therefore, for the herein assailed bill to be nullified, the
petitioner must be shown that there is a clear and unequivocal
breach of the Constitution; not merely a doubtful and
equivocal one. However, in the instant petition, Petitioner
Rhaegar failed to prove a clear breach of any provision in the
Constitution, rather, he just alleged that its enactment would
be detrimental to public morality. Contrary to that allegation,
PAGCOR was created to regulate and operate games of
chance which are allowed by law, and any other means to
further such duty is presumed to be in accordance with the
fundamental law of the land.
V.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of

this Honorable Court that the instant petition be DISMISSED.
Other reliefs just or equitable under the circumstances are
likewise prayed for.
RESPECTFULLY SUBMITTED.
Manila City, 18 March 2015.
CLASH OF CLANS LAW OFFICE
# 62 Makaveli Village, Manila City
Tel No. 12-345-67
By:
Atty. Finn D. Human
Counsel for Respondent
#876 Brgy. Tibay, Manila City
Roll of Attorneys No. 0987
PTR No. 12345
IBP No. 65748 / Manila Chapter
Copy furnished:

Atty. Jake D. Doug

Counsel for Petitioner
#1234 Brgy. Mahina, Manila City
Branch Clerk of Court
Kindly submit this
consideration of this
Honorable Court.

Trial

Memorandum

for

the

kind

EXPLANATION
The filing and service of this Trial Memorandum is being done
by registered mail due to lack of sufficient personnel to effect
personal filing and service.

SUBMITTED BY: APRIL ROSE S. LERIT

1 JD-C