a
Decision
G.R. No. 201273
14
have any interest in the outcome of this case. Instead, they would like the
Court to rule on the constitutionality of Section 53 of the IPRA. Based on their
own allegations, therefore, intervention is improper.
Further, ruling on the constitutionality of Section 53 will delay the
adjudication of the issue of whether the RTC has jurisdiction over the Republic's
Complaint. More importantly, even if allowed to intervene, the issue on the
constitutionality of Section 53 of the IPRA is not the very lis mota of this Petition
of the Republic. As the Court held in Spouses Mirasol v. Court ofAppeals: 53
Jurisprudence has laid down the following requisites for the exercise
of this power: First, there must be before the Court an actual case calling
for the exercise of judicial review. Second, the question before the Court
must be ripe for adjudication. Third, the person challenging the validity of
the act must have standing to challenge. Fourth, the question
of constitutionality must have been raised at the earliest opportunity, and
lastly, the issue of constitutionality must be the very lis mota of the case.
As a rule, the courts will not resolve the constitutionality of a law, if
the controversy can be settled on other grounds. The policy of the courts is
to avoid ruling on constitutional questions and to presume that the acts of the
political departments are valid, absent a clear and unmistakable showing to
the contrary. To doubt is to sustain. This presumption is based on the doctrine
of separation of powers. This means that the measure had first been carefully
studied by the legislative and executive departments and found to be in accord
with the Constitution before it was finally enacted and approved.
The present case was instituted primarily for accounting and specific
performance. The Court of Appeals correctly ruled that PNB's obligation to
render an accounting is an issue, which can be determined, without having
to rule on the constitutionality of P.D. No. 579. In fact there is nothing
in P.D. No. 579, which is applicable to PNB's intransigence in refusing to
give an accounting. The governing law should be the law on agency, it being
undisputed that PNB acted as petitioners' agent. In other words, the
requisite that the constitutionality of the law in question be the
very lis mota of the case is absent. Thus we cannot rule on
the constitutionality of P.D. No. 579. 54
a
Here, it is unnecessary to rule on the constitutionality of Section 53 of
the IPRA in order to arrive at the conclusion that the RTC has jurisdiction
over the Republic's Complaint.
WHEREFORE, premises considered, the Petition is PARTLY
GRANTED. The Decision dated February 13, 2012 of the Court of Appeals
in C.A. G.R. SP No. 116926 is REVERSED and SET ASIDE. The case is
REMANDED to the Regional Trial Court of Baguio City, Branch 6 which is
directed to proceed with dispatch with the trial on the merits as well as the
resolution of Civil Case No. 7200-R.
The Petition-in-Intervention of the Heirs of Mateo Carifio and Bayosa
Ortega is DENIED for lack of merit.
53
54
403 Phil. 760 (200 I).
Id. at 773-774.