Professional Documents
Culture Documents
L-45685, November
16, 1937]
Meanwhile, HSBC also filed its own comment on the matter alleging that
Act 4221 is unconstitutional for it violates the constitutional guarantee on
equal protection of the laws. HSBC averred that the said law makes it the
prerogative of provinces whether or nor to apply the probation law if a
province chooses to apply the probation law, then it will appoint a
probation officer, but if it will not, then no probation officer will be
appointed hence, that makes it violative of the equal protection clause.
For his part, one of the issues raised by Cu Unjieng is that, the
Prosecution, representing the State as well as the People of the
Philippines, cannot question the validity of a law, like Act 4221, which the
State itself created. Further, Cu Unjieng also castigated the fiscal of
Manila who himself had used the Probation Law in the past without
question but is now questioning the validity of the said law (estoppel).
ISSUE:
HELD:
1. Yes. There is no law which prohibits the State, or its duly authorized
representative, from questioning the validity of a law. Estoppel will also not
lie against the State even if it had been using an invalid law.
The contention of HSBC and the Prosecution is well taken on this note.
There is violation of the equal protection clause. Under Act 4221,
provinces were given the option to apply the law by simply providing for a
probation officer. So if a province decides not to install a probation officer,
then the accused within said province will be unduly deprived of the
provisions of the Probation Law.