Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor found a prima
GONZALES VS. NARVASA
G.R. No. 140835, August 14, 2000
FACTS:
Petitioner Ramon A. Gonzales, in his capacity as a citizen and taxpayer, filed a petition for prohibition and mandamus filed on December 9, 1999, assailing the constitutionality of the creation of the Preparatory Commission on Constitutional Reform (PCCR) and of the positions of presidential consultants, advisers and assistants. The Preparatory Commission on Constitutional Reform (PCCR) was created by President Estrada on November 26, 1998 by virtue of Executive Order No. 43 (E.O. No. 43) in order “to study and recommend proposed amendments and/or revisions to the 1987 Constitution, and the manner of implementing the same.” Petitioner disputes the constitutionality of the PCCR based on the grounds that it is a public office which only the legislature can create by way of a law.
ISSUE:
Whether or not the petitioner has a legal standing to assail the constitutionality of Executive Order No. 43
HELD:
The Court dismissed the petition. A citizen acquires standing only if he can establish that he has suffered some actual or threatened injury as a result of the allegedly illegal conduct of the government; the injury is fairly traceable to the challenged action; and the injury is likely to be redressed by a favorable action. Petitioner has not shown that he has sustained or is in danger of sustaining any personal injury attributable to the creation of the PCCR. If at all, it is only Congress, not petitioner, which can claim any “injury” in this case since, according to petitioner, the President has encroached upon the legislature’s powers to create a public office and to propose amendments to the Charter by forming the PCCR. Petitioner has sustained no direct, or even any indirect, injury.
Neither does he claim that his rights or privileges have been or are in danger of being violated, nor that he shall be subjected to any penalties or burdens as a result of the PCCR’s activities. Clearly, petitioner has failed to establish his locus standi so as to enable him to seek judicial redress as a citizen.
Furthermore, a taxpayer is deemed to have the standing to raise a constitutional issue when it is established that public funds have been disbursed in alleged contravention of the law or the Constitution. It is readily apparent that there is no exercise by Congress of its taxing or spending power. The PCCR was created by the President by virtue of E.O. No. 43, as amended by E.O. No. 70. Under section 7 of E.O. No. 43, the amount of P3 million is “appropriated” for its operational expenses “to be sourced from the funds of the Office of the President.” Being that case, petitioner must show that he is a real party in interest - that he will stand to be benefited or injured by the judgment or that he will be entitled to the avails of the suit. Nowhere in his pleadings does petitioner presume to make such a representation.
FACTS:
Petitioner Ramon A. Gonzales, in his capacity as a citizen and taxpayer, filed a petition for prohibition and mandamus filed on December 9, 1999, assailing the constitutionality of the creation of the Preparatory Commission on Constitutional Reform (PCCR) and of the positions of presidential consultants, advisers and assistants. The Preparatory Commission on Constitutional Reform (PCCR) was created by President Estrada on November 26, 1998 by virtue of Executive Order No. 43 (E.O. No. 43) in order “to study and recommend proposed amendments and/or revisions to the 1987 Constitution, and the manner of implementing the same.” Petitioner disputes the constitutionality of the PCCR based on the grounds that it is a public office which only the legislature can create by way of a law.
ISSUE:
Whether or not the petitioner has a legal standing to assail the constitutionality of Executive Order No. 43
HELD:
The Court dismissed the petition. A citizen acquires standing only if he can establish that he has suffered some actual or threatened injury as a result of the allegedly illegal conduct of the government; the injury is fairly traceable to the challenged action; and the injury is likely to be redressed by a favorable action. Petitioner has not shown that he has sustained or is in danger of sustaining any personal injury attributable to the creation of the PCCR. If at all, it is only Congress, not petitioner, which can claim any “injury” in this case since, according to petitioner, the President has encroached upon the legislature’s powers to create a public office and to propose amendments to the Charter by forming the PCCR. Petitioner has sustained no direct, or even any indirect, injury.
Neither does he claim that his rights or privileges have been or are in danger of being violated, nor that he shall be subjected to any penalties or burdens as a result of the PCCR’s activities. Clearly, petitioner has failed to establish his locus standi so as to enable him to seek judicial redress as a citizen.
Furthermore, a taxpayer is deemed to have the standing to raise a constitutional issue when it is established that public funds have been disbursed in alleged contravention of the law or the Constitution. It is readily apparent that there is no exercise by Congress of its taxing or spending power. The PCCR was created by the President by virtue of E.O. No. 43, as amended by E.O. No. 70. Under section 7 of E.O. No. 43, the amount of P3 million is “appropriated” for its operational expenses “to be sourced from the funds of the Office of the President.” Being that case, petitioner must show that he is a real party in interest - that he will stand to be benefited or injured by the judgment or that he will be entitled to the avails of the suit. Nowhere in his pleadings does petitioner presume to make such a representation.