04/02/2020
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in excess of its jurisdiction or with grave abuse of discretion amounting to lack or
excess of jurisdiction.[72] Mandamus is a remedy granted by law when any tribunal,
corporation, board, officer or person unlawfully neglects the performance of an act
which the law specifically enjoins as a duty resulting from an office, trust, or station,
or unlawfully excludes another from the use or enjoyment of a right or office to
which such other is entitled.[73] Certiorari, Mandamus and Prohibition are
appropriate remedies to raise constitutional issues and to review and/or
prohibit/nullify, when proper, acts of legislative and executive officials.[74]
The authority of the GRP Negotiating Panel is defined by Executive Order No. 3 (E.O.
No. 3), issued on February 28, 2001.[75] The said executive order requires that "
[t]he government's policy framework for peace, including the systematic approach
and the administrative structure for carrying out the comprehensive peace process x
x x be governed by this Executive Order."[76]
The present petitions allege that respondents GRP Panel and PAPP Esperon drafted
the terms of the MOA-AD without consulting the local government units or
communities affected, nor informing them of the proceedings. As will be discussed in
greater detail later, such omission, by itself, constitutes a departure by respondents
from their mandate under E.O. No. 3.
Furthermore, the petitions allege that the provisions of the MOA-AD violate the
Constitution. The MOA-AD provides that "any provisions of the MOA-AD requiring
amendments to the existing legal framework shall come into force upon the signing
of a Comprehensive Compact and upon effecting the necessary changes to the legal
framework," implying an amendment of the Constitution to accommodate the MOAAD. This stipulation, in effect, guaranteed to the MILF the amendment of the
Constitution. Such act constitutes another violation of its authority. Again, these
points will be discussed in more detail later.
As the petitions allege acts or omissions on the part of respondent that exceed
their authority, by violating their duties under E.O. No. 3 and the provisions of the
Constitution and statutes, the petitions make a prima facie case for Certiorari,
Prohibition, and Mandamus, and an actual case or controversy ripe for adjudication
exists. When an act of a branch of government is seriously alleged to have
infringed the Constitution, it becomes not only the right but in fact the duty
of the judiciary to settle the dispute.[77]
B. Locus Standi
For a party to have locus standi, one must allege "such a personal stake in the
outcome of the controversy as to assure that concrete adverseness which sharpens
the presentation of issues upon which the court so largely depends for illumination of
difficult constitutional questions."[78]
Because constitutional cases are often public actions in which the relief sought is
likely to affect other persons, a preliminary question frequently arises as to this
interest in the constitutional question raised.[79]
When suing as a citizen, the person complaining must allege that he has been or is
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