Philippine Judges Assoc vs Prado

Facts: The Philippine Postal Corporation issued circular No. 92-28 to implement Section 35 of RA 7354 withdrawing the franking privilege from the SC, CA, RTCs, MeTCs, MTCs and Land Registration Commission and with certain other government offices. It is alleged that RA 7354 is discriminatory because while withdrawing the franking privileges[1] from judiciary, it retains the same for the President & Vice-President of the Philippines, Senator & members of the House of Representatives, COMELEC, National Census & Statistics Office and the general public. The respondents counter that there is no discrimination because the law is based on a valid classification in accordance with the equal protection clause.

Issue: Whether or Not Section 35 of RA 7354 is violative of equal protection clause.

Held: Yes, RA 7354 violates equal protection clause. The distinction made by the law is superficial. It is not based on substantial distinctions that make real differences between the Judiciary and the grantees of the franking privilege. Therefore, RA 7354 is declared UNCONSTITUTIONAL.

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[1] Franking privilege - refers to the privilege of sending mail without payment of postage. This privilege is exercised in pursuance of personal or official designations. The members of Congress have the right to send mail to their constituents at the government's expense.