demandable and enforceable, but also to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.110 Verily, the framers of Our Constitution envisioned a
proactive Judiciary, ever vigilant with its duty to maintain the supremacy of the Constitution.
Consequently, considering that the foregoing petitions have seriously alleged that the
constitutional human rights to life, speech and religion and other fundamental rights
mentioned above have been violated by the assailed legislation, the Court has authority to
take cognizance of these kindred petitions and to determine if the RH Law can indeed pass
constitutional scrutiny. To dismiss these petitions on the simple expedient that there exist no
actual case or controversy, would diminish this Court as a reactive branch of government,
acting only when the Fundamental Law has been transgressed, to the detriment of the
Filipino people.
Locus Standi
The OSG also attacks the legal personality of the petitioners to file their respective petitions.
It contends that the "as applied challenge" lodged by the petitioners cannot prosper as the
assailed law has yet to be enforced and applied against them,111 and the government has yet
to distribute reproductive health devices that are abortive.112
The petitioners, for their part, invariably invoke the "transcendental importance" doctrine
and their status as citizens and taxpayers in establishing the requisite locus standi.
Locus standi or legal standing is 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 challenged
governmental act.113 It requires a personal stake in the outcome of the controversy as to
assure the concrete adverseness which sharpens the presentation of issues upon which the
court so largely depends for illumination of difficult constitutional questions.114
In relation to locus standi, the "as applied challenge" embodies the rule that one can
challenge the constitutionality of a statute only if he asserts a violation of his own rights. The
rule prohibits one from challenging the constitutionality of the statute grounded on a
violation of the rights of third persons not before the court. This rule is also known as the
prohibition against third-party standing.115
Transcendental Importance
Notwithstanding, the Court leans on the doctrine that "the rule on standing is a matter of
procedure, hence, can be relaxed for non-traditional plaintiffs like ordinary citizens,
taxpayers, and legislators when the public interest so requires, such as when the matter is of
transcendental importance, of overreaching significance to society, or of paramount public
interest."116
In Coconut Oil Refiners Association, Inc. v. Torres,117 the Court held that in cases of
paramount importance where serious constitutional questions are involved, the standing
requirement may be relaxed and a suit may be allowed to prosper even where there is no
direct injury to the party claiming the right of judicial review. In the first Emergency Powers