04/02/2020
E-Library - Information At Your Fingertips: Printer Friendly
necessity, he may assail the validity of a statute appropriating public funds.[50] The
taxpayer has paid his taxes and contributed to the public coffers and, thus, may
inquire into the manner by which the proceeds of his taxes are spent. The
expenditure by an official of the State for the purpose of administering an invalid law
constitutes a misapplication of such funds.[51]
The IPRA appropriates funds as indicated in its title: "An Act to Recognize, Protect
and Promote the Rights of Indigenous Cultural Communities/Indigenous Peoples,
Creating the National Commission on Indigenous Peoples, Establishing Implementing
Mechanisms, Appropriating Funds Therefor, and for Other Purposes." In the
same manner, Section 79 authorizes for the expenditure of public funds by providing
that "the amount necessary to finance [its] initial implementation shall be charged
against the current year's appropriation for the Office for Northern Cultural
Communities (the "ONCC") and the Office for Southern Cultural Communities (the
"OSCC"),"[52] which were merged as organic offices of the NCIP.[53] Thus, the IPRA
is a valid subject of a taxpayer's suit.
C. The petition for prohibition and mandamus is not an improper remedy.
Prohibition is an extraordinary writ directed against any tribunal, corporation, board,
officer or person, whether exercising judicial, quasi-judicial or ministerial functions,
ordering said entity or person to desist from further proceedings when said
proceedings are without or in excess of said entity's or person's jurisdiction, or are
accompanied with grave abuse of discretion, and there is no appeal or any other
plain, speedy and adequate remedy in the ordinary course of law.[54] Mandamus, on
the other hand, is an extraordinary writ commanding a tribunal, corporation, board,
officer or person, immediately or at some other specified time, to do the act required
to be done, when said entity 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 when said entity or person unlawfully excludes another from the use and
enjoyment of a right or office to which such other is entitled, and there is no other
plain, speedy and adequate remedy in the ordinary course of law.[55]
In this case, the petitioners pray that respondents be restrained from implementing
the challenged provisions of the IPRA and its Implementing Rules and the assailed
DENR Circular No. 2, series of 1998, and that the same officials be enjoined from
disbursing public funds for the implementation of the said law and rules. They
further ask that the Secretary of the DENR be compelled to perform his duty to
control and supervise the activities pertaining to natural resources.
Prohibition will lie to restrain the public officials concerned from implementing the
questioned provisions of the IPRA and from disbursing funds in connection therewith
if the law is found to be unconstitutional. Likewise, mandamus will lie to compel the
Secretary of the DENR to perform his duty to control and supervise the exploration,
development, utilization and conservation of the country's natural resources.
Consequently, the petition for prohibition and mandamus is not an improper remedy
for the relief sought.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
83/148
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents