04/02/2020
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original jurisdiction on the United States Supreme Court to issue the writ of
mandamus, was unconstitutional as the court's jurisdiction is mainly appellate.
Today Marbury v. Madison is remembered for the institution of the power of judicial
review, and so that there can be no doubt of this power of our Court, we in this
country have enshrined its principle in Art. VIII, §1. Now, the exercise of judicial
review can result either in the invalidation of an act of Congress or in upholding it.
Hence, the checking and legitimating functions of judicial review so well mentioned
in the decisions[7] of this Court.
To decline, therefore, the exercise of jurisdiction where there is no genuine
controversy is not to show timidity but respect for the judgment of a coequal
department of government whose acts, unless shown to be clearly repugnant to the
fundamental law, are presumed to be valid.
The
polestar of constitutional
adjudication was set forth by Justice Laurel in the Angara case when he said that
"this power of judicial review is limited to actual cases and controversies to be
exercised after full opportunity of argument by the parties, and limited further to the
constitutional question raised or the very lis mota, presented."[8] For the exercise of
this power is legitimate only in the last resort, and as a necessity in the
determination of real, earnest, and vital controversy between individuals.[9] Until,
therefore, an actual case is brought to test the constitutionality of the IPRA, the
presumption of constitutionality, which inheres in every statute, must be accorded to
it.
Justice Kapunan, on the other hand, cites the statement in Severino v. Governor
General,[10] reiterated in Tanada v. Tuvera,[11] that "when the question is one of
public right and the object of mandamus to procure the enforcement of a public
duty, the people are regarded as the real party in interest, and the relator at whose
instigation the proceedings are instituted need not show that he has any legal or
special interest in the result, it being sufficient that he is a citizen and as such is
interested in the execution of the laws." On the basis of this statement, he argues
that petitioners have standing to bring these proceedings.[12]
In Severino v. Governor General,[13] the question was whether mandamus lay to
compel the Governor General to call a special election on the ground that it was his
duty to do so. The ruling was that he did not have such a duty. On the other hand,
although mandamus was issued in Tanada v. Tuvera, it was clear that petitioners
had standing to bring the suit, because the public has a right to know and the failure
of respondents to publish all decrees and other presidential issuances in the Official
Gazette placed petitioners in danger of violating those decrees and issuances. But,
in this case, what public right is there for petitioners to enforce when the IPRA does
not apply to them except in general and in common with other citizens.
For the foregoing reasons I vote to dismiss the petition in this case.
[1] Lopez v. Roxas, 17 SCRA 756, 761 (1966).
[2] Muskrat v. United States, 279 U.S. 346, 55 L.Ed. 246 (1911).
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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