04/02/2020
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The Office of the Solicitor General (OSG), on behalf of respondents, concedes that
AMIN[5] has the requisite legal standing to file this suit as member[6] of Congress.
Petitioners find it impermissible for the Executive to intrude into the domain of the
Legislature. They posit that an act of the Executive which injures the institution of
Congress causes a derivative but nonetheless substantial injury, which can be
questioned by a member of Congress.[7] They add that to the extent that the powers
of Congress are impaired, so is the power of each member thereof, since his office
confers a right to participate in the exercise of the powers of that institution.[8]
Indeed, a member of the House of Representatives has standing to maintain
inviolate the prerogatives, powers and privileges vested by the Constitution in his
office.[9]
The OSG questions, however, the standing of MDOI, a registered people's
organization of Teduray and Lambangian tribesfolk of (North) Upi and South Upi in
the province of Maguindanao.
As co-petitioner, MDOI alleges that it is concerned with the negative impact of
NCIP's becoming an attached agency of the DAR on the processing of ancestral
domain claims. It fears that transferring the NCIP to the DAR would affect the
processing of ancestral domain claims filed by its members.
Locus standi or legal standing has been defined as a personal and substantial
interest in a case such that the party has sustained or will sustain direct injury as a
result of the governmental act that is being challenged. The gist of the question of
standing is whether a party alleges such personal stake in the outcome of the
controversy as to assure that concrete adverseness which sharpens the presentation
of issues upon which the court depends for illumination of difficult constitutional
questions.[10]
It has been held that a party who assails the constitutionality of a statute must have
a direct and personal interest. It must show not only that the law or any
governmental act is invalid, but also that it sustained or is in immediate danger of
sustaining some direct injury as a result of its enforcement, and not merely that it
suffers thereby in some indefinite way. It must show that it has been or is about to
be denied some right or privilege to which it is lawfully entitled or that it is about to
be subjected to some burdens or penalties by reason of the statute or act
complained of.[11]
For a concerned party to be allowed to raise a constitutional question, it must show
that (1) it has personally suffered some actual or threatened injury as a result of the
allegedly illegal conduct of the government, (2) the injury is fairly traceable to the
challenged action, and (3) the injury is likely to be redressed by a favorable action.
[12]
An examination of MDOI's nebulous claims of "negative impact" and "probable
setbacks"[13] shows that they are too abstract to be considered judicially cognizable.
And the line of causation it proffers between the challenged action and alleged injury
is too attenuated.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/44257
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