04/02/2020
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at large, may also be the subject of an actual case or controversy. In Severino, we
ruled that a private citizen may enforce a "public right" in behalf of other citizens.
We opined therein that:
... [T]he right which [petitioner] seeks to enforce is not greater or
different from that of any other qualified elector in the municipality of
Silay. It is also true that the injury which he would suffer in case he fails
to obtain the relief sought would not be greater or different from that of
the other electors; but he is seeking to enforce a public right as
distinguished from a private right. The real party in interest is the
public, or the qualified electors of the town of Silay. Each elector has
the same right and would suffer the same injury. Each elector
stands on the same basis with reference to maintaining a petition
whether or not the relief sought by the relator should be granted.[43]
In Tañada v. Tuvera,[44] the Court enforced the "public right" to due process and to
be informed of matters of public concern.
In Garcia vs. Board of Investments,[45] the Court upheld the "public right" to be
heard or consulted on matters of national concern.
In Oposa v. Factoran,[46] the Court recognized the "public right" of citizens to "a
balanced and healthful ecology which, for the first time in our nation's constitutional
history, is solemnly incorporated in the fundamental law."[47] Mr. Justice (now Chief
Justice) Hilario G. Davide, Jr., delivering the opinion of the Court, stated that:
Such a right belongs to a different category of rights altogether for it
concerns nothing less than self-preservation and self-perpetuation—aptly
and fittingly stressed by petitioners—the advancement of which may even
be said to predate all governments and constitutions. As a matter of
fact,
these basic rights
need not even be written in the
Constitution for they are assumed to exist from the inception of
humankind.[48]
Petitioners, as citizens, possess the "public right" to ensure that the national
patrimony is not alienated and diminished in violation of the Constitution. Since the
government, as the guardian of the national patrimony, holds it for the benefit of all
Filipinos without distinction as to ethnicity, it follows that a citizen has sufficient
interest to maintain a suit to ensure that any grant of concessions covering the
national economy and patrimony strictly complies with constitutional requirements.
Thus, the preservation of the integrity and inviolability of the national patrimony is a
proper subject of a citizen's suit.
In addition, petitioners, as taxpayers, possess the right to restrain officials from
wasting public funds through the enforcement of an unconstitutional statute. It is
well-settled that a taxpayer has the right to enjoin public officials from wasting
public funds through the implementation of an unconstitutional statute,[49] and by
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