EN BAEN BANC

[G. R. No . 157870, November 03, 2008]

SOCIAL RIGHTS SOCIETY (SJS), PETITIONER, VERSUS DANGEROUS MEDICINES BOARD AND PHILIPPINE MEDICINE ENFORCEMENT ORGANIZATION (PDEA), RESPONDENTS. Facts: In the Petition for Prohibition beneath Rule sixty-five, petitioner Social Justice World (SJS), a registered politics party, tries to stop the Risky Drugs Plank (DDB) as well as the Philippine Medicine Enforcement Company (PDEA) via enforcing sentences (c), (d), (f), and (g) of Sec. thirty-six of RA 9165 on a lawn that they are constitutionally infirm. For one, the conditions constitute undue delegation of legislative electric power when they give unbridled discernment to universities and organisations to determine the manner of drug testing. For another, the provisions trench in the equivalent protection terms inasmuch because they can be used to harass a student or an employee deemed undesirable. As well as for a third, a person's constitutional right against unreasonable searches is also breached by said provisions. Issues: (1) Do Sec. 36(g) of RA 9165 and COMELEC Resolution No . 6486 enforce an additional certification for individuals for senator? Corollary, can easily Congress sanction a rules prescribing skills for prospects for senator in addition to the people laid down by the Constitution? and (2) Are paragraphs (c), (d), (f), and (g) of Sec. thirty eight, RA 9165 unconstitutional? Especially, do these paragraphs disobey the right to personal privacy, the right against unreasonable searches and seizure, and the equal protection clause? Or do they amount to undue delegation of legal power? Kept: WHEREFORE, the Court solves to OFFER the request in G. R. Number 161658 and declares Securities and exchange commission's. 36(g)of RA 9165and COMELEC Resolution No . 6486as UNCONSTITUTIONAL; and to SOMEWHAT GRANT capital t he request in G. R. Nos. 157870 and 158633 simply by declaring Securities and exchange commission's. 36(c) and(d) of RA 9165 CONSTITUTIONAL, but declaring its Securities and exchange commission's. 36(f) UNCONSTITUTIONAL. All worried agencies will be, accordingly, completely enjoined via implementing Sec. 36(f) and (g) of RA 9165. No costs....

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Criminal Proper rights Workplace Composition

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