Kilosbayan v. Guingona

Kilosbayan v. Guingona

G.R. No. 113375 May 5, 1994

Davide, Jr., J.

Facts:

                This is a special civil action for prohibition and injunction, with a prayer for a temporary restraining order and preliminary injunction, which seeks to prohibit and restrain the implementation of the “Contract of Lease” executed by the Philippine Charity Sweepstakes Office (PCSO) and the Philippine Gaming Management Corporation (PGMC) in connection with the on- line lottery system, also known as “lotto.”

Petitioner Kilosbayan, Incorporated (KILOSBAYAN) avers that it is a non-stock domestic corporation composed of civic-spirited citizens, pastors, priests, nuns, and lay leaders who are committed to the cause of truth, justice, and national renewal. The rest of the petitioners, except Senators Freddie Webb and Wigberto Tañada and Representative Joker P. Arroyo, are suing in their capacities as members of the Board of Trustees of KILOSBAYAN and as taxpayers and concerned citizens. Senators Webb and Tañada and Representative Arroyo are suing in their capacities as members of Congress and as taxpayers and concerned citizens of the Philippines.

Issue:

                whether petitioners have legal standing to bring the suit

Held:

                Yes. A party’s standing before the Court is a procedural technicality which it may, in the exercise of its discretion, set aside in view of the importance of the issues raised. This technicality may be brushed aside if the transcendental importance to the public of the case demands that it be settled promptly and definitely, brushing aside, if the Court must, technicalities of procedure.

                Ordinary taxpayers, members of Congress, and even association of planters, and non-profit civic organizations are allowed to initiate and prosecute actions before the Court to question the constitutionality or validity of laws, acts, decisions, rulings, or orders of various government agencies or instrumentalities.

                The instant petition is of transcendental importance to the public. The issues it raised are of paramount public interest and of a category even higher than those involved in many of the aforecited cases. The ramifications of such issues immeasurably affect the social, economic, and moral well-being of the people even in the remotest barangays of the country and the counter-productive and retrogressive effects of the envisioned on-line lottery system are as staggering as the billions in pesos it is expected to raise. The legal standing then of the petitioners deserves recognition and, in the exercise of its sound discretion, the Court hereby brushes aside the procedural barrier which the respondents tried to take advantage of.