04/02/2020
E-Library - Information At Your Fingertips: Printer Friendly
about to be denied some right or privilege to which he is lawfully entitled or that he
is about to be subjected to some burdens or penalties by reason of the statute or act
complained of.[80] When the issue concerns a public right, it is sufficient that the
petitioner is a citizen and has an interest in the execution of the laws.[81]
For a taxpayer, one is allowed to sue where there is an assertion that public funds
are illegally disbursed or deflected to an illegal purpose, or that there is a wastage of
public funds through the enforcement of an invalid or unconstitutional law.[82] The
Court retains discretion whether or not to allow a taxpayer's suit.[83]
In the case of a legislator or member of Congress, an act of the Executive that
injures the institution of Congress causes a derivative but nonetheless substantial
injury that can be questioned by legislators. A member of the House of
Representatives has standing to maintain inviolate the prerogatives, powers and
privileges vested by the Constitution in his office.[84]
An organization may be granted standing to assert the rights of its members,[85] but
the mere invocation by the Integrated Bar of the Philippines or any member of the
legal profession of the duty to preserve the rule of law does not suffice to clothe it
with standing.[86]
As regards a local government unit (LGU), it can seek relief in order to protect or
vindicate an interest of its own, and of the other LGUs.[87]
Intervenors, meanwhile, may be given legal standing upon showing of facts that
satisfy the requirements of the law authorizing intervention,[88] such as a legal
interest in the matter in litigation, or in the success of either of the parties.
In any case, the Court has discretion to relax the procedural technicality on locus
standi, given the liberal attitude it has exercised, highlighted in the case of David v.
Macapagal-Arroyo,[89]where technicalities of procedure were brushed aside, the
constitutional issues raised being of paramount public interest or of transcendental
importance deserving the attention of the Court in view of their seriousness, novelty
and weight as precedents.[90] The Court's forbearing stance on locus standi on
issues involving constitutional issues has for its purpose the protection of
fundamental rights.
In not a few cases, the Court, in keeping with its duty under the Constitution to
determine whether the other branches of government have kept themselves within
the limits of the Constitution and the laws and have not abused the discretion given
them, has brushed aside technical rules of procedure.[91]
In the petitions at bar, petitioners Province of North Cotabato (G.R. No. 183591)
Province of Zamboanga del Norte (G.R. No. 183951), City of Iligan (G.R. No.
183893) and City of Zamboanga (G.R. No. 183752) and petitioners-in-intervention
Province of Sultan Kudarat, City of Isabela and Municipality of Linamon have
locus standi in view of the direct and substantial injury that they, as LGUs, would
suffer as their territories, whether in whole or in part, are to be included in the
intended domain of the BJE. These petitioners allege that they did not vote for their
inclusion in the ARMM which would be expanded to form the BJE territory.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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