04/02/2020
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there has been a governmental act accomplished or performed that has a direct
adverse effect on the legal right of the person contesting its validity.[14] In the case
of PACU vs. Secretary of Education[15] the petition contesting the validity of a
regulation issued by the Secretary of Education requiring private schools to secure a
permit to operate was dismissed on the ground that all the petitioners have permits
and are actually operating under the same. The petitioners questioned the regulation
because of the possibility that the permit might be denied them in the future. This
Court held that there was no justiciable controversy because the petitioners suffered
no wrong by the implementation of the questioned regulation and therefore, they
are not entitled to relief. A mere apprehension that the Secretary of Education will
withdraw the permit does not amount to a justiciable controversy. The questioned
regulation in the PACU case may be questioned by a private school whose permit to
operate has been revoked or one whose application therefor has been denied.[16]
This Court cannot rule on the basis of petitioners' speculation that the DENR will
approve the application of the heirs of Carantes. There must be an actual
governmental act which directly causes or will imminently cause injury to the alleged
legal right of the petitioner to possess the land before the jurisdiction of this Court
may be invoked. There is no showing that the petitioners were being evicted from
the land by the heirs of Carantes under orders from the DENR. The petitioners'
allegation that certain documents from the DENR were shown to them by the heirs
of Carantes to justify eviction is vague, and it would appear that the petitioners did
not verify if indeed the respondent DENR or its officers authorized the attempted
eviction. Suffice it to say that by the petitioners own admission that the respondents
are still processing and have not approved the application of the heirs of Carantes,
the petitioners alleged right to possess the land is not violated nor is in imminent
danger of being violated, as the DENR may or may not approve Carantes'
application. Until such time, the petitioners are simply speculating that they might
be evicted from the premises at some future time. Borrowing from the
pronouncements of this Court in the PACU case, "They (the petitioners) have
suffered no wrong under the terms of the law--and, naturally need no relief in the
form they now seek to obtain."[17] If indeed the heirs of Carantes are trying to enter
the land and disturbing the petitioners possession thereof even without prior
approval by the DENR of the claim of the heirs of Carantes, the case is simply one
for forcible entry.
WHEREFORE, for lack of justiciable controversy, the decision of the appellate court is
hereby set aside.
SO ORDERED.
Melo, Vitug, Panganiban, and Sandoval-Gutierrez, JJ., concur.
[1] Subsequently amended by 31-A and 31-B.
[2] Special Order no. 31, as amended, series of 1990 states:
"In the interest of the service and consistent with the Constitutional
mandate for the recognition and protection of the rights of the indigenous
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