Tatad v. Garcia

Tatad v. Garcia

G.R. No. 114222 April 6, 1995

Quiason, J.

Facts:

                This is a petition under Rule 65 of the Revised Rules of Court to prohibit respondents from further implementing and enforcing the “Revised and Restated Agreement to Build, Lease and Transfer a Light Rail Transit System for EDSA” dated April 22, 1992, and the “Supplemental Agreement to the 22 April 1992 Revised and Restated Agreement To Build, Lease and Transfer a Light Rail Transit System for EDSA” dated May 6, 1993.

Petitioners Francisco S. Tatad, John H. Osmena and Rodolfo G. Biazon are members of the Philippine Senate and are suing in their capacities as Senators and as taxpayers. Respondent Jesus B. Garcia, Jr. is the incumbent Secretary of the Department of Transportation and Communications (DOTC), while private respondent EDSA LRT Corporation, Ltd. is a private corporation organized under the laws of Hongkong.

Issue:

                whether petitioners have legal standing to initiate the instant action

Held:

                The prevailing doctrines in taxpayer’s suits are to allow taxpayers to question contracts entered into by the national government or government-owned or controlled corporations allegedly in contravention of the law and to disallow the same when only municipal contracts are involved.