Kilosbayan v. Morato
G.R. No. 118910
November 16, 1995
Mendoza, J.
Issue:
whether the petitioner has the requisite
personality to question the validity of the
contract in this case
Held:
Yes. Kilosbayan’s
status as a people’s organization
give it the requisite personality
to question the validity of the contract
in this case. The Constitution
provides that “the State shall respect the role of independent people’s
organizations to enable
the people to pursue and protect,
within
the democratic framework,
their legitimate and collective interests
and aspirations through
peaceful and lawful
means,” that their right to “effective and reasonable participation
at all levels
of social, political,
and economic decision-making shall not be abridged.”
These provisions have not changed
the traditional rule that only real parties
in interest or those with standing, as the case may be, may invoke
the judicial power.
The jurisdiction of the Court,
even in cases involving constitutional questions,
is limited by the “case and controversy”
requirement of Art. VIII, §5. This requirement
lies at the very heart of the judicial function.
It is what differentiates decision-making in the courts
from decision-making in the political
departments of the government and bars the bringing of suits by just any party.
It is nevertheless
insisted that this Court has in the past accorded
standing to taxpayers
and concerned citizens
in cases involving
“paramount public interest.”
Taxpayers, voters, concerned citizens and legislators have indeed been allowed to sue but then only (1) in cases involving constitutional issues and (2) under certain
conditions. Petitioners do not meet these requirements
on standing.
Taxpayers are allowed
to sue, for example, where there is a claim of illegal
disbursement of public
funds. or where a tax measure is assailed as unconstitutional. Voters are allowed
to question the validity of election laws because of their obvious
interest in the validity of such laws. Concerned citizens can bring suits if the constitutional question
they raise is of “transcendental importance”
which must be settled early.
Legislators are allowed
to sue to question the validity of any official
action which they claim infringes
their prerogatives qua legislators.
Petitioners do not have the same kind of interest that these various
litigants have. Petitioners
assert an interest
as taxpayers, but they do not meet the standing
requirement for bringing
taxpayer’s suits as set forth in Dumlao v.Comelec, to wit:
While,
concededly, the elections
to be held involve the expenditure of public moneys, nowhere in their Petition
do said petitioners
allege that their tax money is “being extracted
and spent in violation of specific constitutional protections
against abuses of legislative power”
or that there is a misapplication of such funds by respondent
COMELEC or that public money is being deflected to any improper
purpose. Neither do petitioners seek to restrain
respondent from wasting
public funds through
the enforcement of an invalid
or unconstitutional law. Besides, the institution of a taxpayer’s
suit, per se, is no assurance of judicial review.
The Court is vested with discretion as to whether
or not a taxpayer’s suit should be entertained.
Petitioners’ suit does not fall under any of these categories of taxpayers’ suits.
Thus,
petitioners’ right to sue as taxpayers cannot be sustained. Nor as
concerned citizens can they bring this suit because
no specific injury
suffered by them is alleged.
As for the petitioners, who are members
of Congress, their right to sue as legislators cannot be invoked because
they do not complain of any infringement
of their rights
as legislators.
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