Corona v. UnitedHarborPilots
Corona v. UnitedHarborPilots
Corona v. UnitedHarborPilots
OP: through then Assistant Executive Secretary for Legal Affairs Pilotage: just like other professions, may be practiced only by duly
Renato C. Corona, dismissed the appeal/petition and lifted the licensed individuals. Licensure: is the granting of license
restraining order. especially to practice a profession. License: is a right or
permission granted by some competent authority to carry on a
UHP: filed a petition for certiorari, prohibition and injunction with business or do an act which, without such license, would be illegal.
prayer for the issuance of a temporary restraining order and
damages, before the Regional Trial Court of Manila. Respondents (UHP) contend, and the Petitioners (Corona) do not
deny, that here (sic) in this jurisdiction, before a person can be a
ISSUE: WON PPA violated respondents right to exercise their harbor pilot, he must pass five (5) government professional
profession and their right to due process of law. examinations, namely, (1) For Third Mate and after which he must
work, train and practice on board a vessel for at least a year; (2)
HELD: The Court is convinced that PPA-AO No. 04-92 was issued For Second Mate and after which he must work, train and practice
in stark disregard of respondents right against deprivation of for at least a year; (3) For Chief Mate and after which he must
property without due process of law. work, train and practice for at least a year; (4) For a Master Mariner
and after which he must work as Captain of vessels for at least two
Trial Court rendered the following decisions: (2) years to qualify for an examination to be a pilot; and finally, of
course, that given for pilots.
1. CORONA have acted in excess of jurisdiction and with
grave abuse of discretion and in a capricious, whimsical and It is readily apparent that PPA-AO No. 04-92 unduly restricts
arbitrary manner in promulgating PPA Administrative Order 04-92 the right of harbor pilots to enjoy their profession before their
including all its implementing Memoranda, Circulars and Orders;
compulsory retirement. In the past, they would have a license
which they could use until their retirement, unless sooner revoked
2. PPA Administrative Order 04-92 and its implementing Circulars by the PPA for mental or physical unfitness. Under the new
and Orders are declared null and void; issuance, they have to contend with an annual cancellation of their
license which can be temporary or permanent depending on the
3. The (CORONA) respondents are permanently enjoined from outcome of their performance evaluation. Renewal of their license
implementing PPA Administrative Order 04-92 and its is now dependent on a rigid evaluation of performance which is
implementing Memoranda, Circulars and Orders. conducted only after the license has already been cancelled. This
clearly limits the term of appointment of harbor pilots to one
Section 1 of the Bill of Rights: lays down what is known as the due year subject to yearly renewal or cancellation. It is this
process clause of the Constitution. No person shall be deprived of life, pre-evaluation cancellation which primarily makes PPA-AO
liberty, or property without due process of law, x x x. No. 04-92 unreasonable and constitutionally infirm. In a real
sense, it is a deprivation of property without due process of
In order to fall within the aegis of this provision, two law.
conditions must concur: (1) there is a deprivation and that (2)
such deprivation is done without proper observance of due Thus, respondents are correct in pointing out that PPA-AO
process. No. 04-92 is a surplusage. Hence, PPA-AO No. 04-92 must be
struck down.
NOTE: (a) procedural due process - refers to the method or
manner by which the law is enforced; (b) substantive due
process - requires that the law itself, not merely the procedures by
which the law would be enforced, is fair, reasonable, and just.