This case has been cited 1 times or more.
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2004-10-01 |
TINGA, J, |
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| Should the statute then be struck down for violating the equal protection clause? Courts, in sustaining the claim against a constitutionally underinclusive scheme, are faced with two remedial alternatives. It may either declare the statute a nullity and order that its benefits not extend to the class that the legislature intended to benefit or it may extend the coverage of the statute to include those who are aggrieved by the exclusion.[25] The latter is not unprecedented in this jurisdiction. In Rubio v. People's Homesite and Housing Corporation,[26] this Court extended the provisions of Section 76 of the then Local Government Code (Batas Pambansa Blg. 337) by granting separation pay to illegally dismissed government personnel (not officers and employees of local political subdivisions) who could no longer be reinstated. The same alternative may be employed in this case. | |||||