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1) The petitioners sought to enjoin the Presidential Commission on Good Government (PCGG) from proceeding with an auction sale by Christie's of New York of Old Master paintings and silverware seized from Malacañang Palace and the Metropolitan Museum of Manila.
2) The PCGG entered into a consignment agreement with Christie's to auction the artworks with the authorization of then-President Aquino, but the Commission on Audit found issues with the legality and terms of the agreement.
3) While the petitioners argued the artworks were cultural treasures that could not be disposed of, the PCGG and National Museum asserted they were not protected cultural properties under Philippine law.
1) The petitioners sought to enjoin the Presidential Commission on Good Government (PCGG) from proceeding with an auction sale by Christie's of New York of Old Master paintings and silverware seized from Malacañang Palace and the Metropolitan Museum of Manila.
2) The PCGG entered into a consignment agreement with Christie's to auction the artworks with the authorization of then-President Aquino, but the Commission on Audit found issues with the legality and terms of the agreement.
3) While the petitioners argued the artworks were cultural treasures that could not be disposed of, the PCGG and National Museum asserted they were not protected cultural properties under Philippine law.
1) The petitioners sought to enjoin the Presidential Commission on Good Government (PCGG) from proceeding with an auction sale by Christie's of New York of Old Master paintings and silverware seized from Malacañang Palace and the Metropolitan Museum of Manila.
2) The PCGG entered into a consignment agreement with Christie's to auction the artworks with the authorization of then-President Aquino, but the Commission on Audit found issues with the legality and terms of the agreement.
3) While the petitioners argued the artworks were cultural treasures that could not be disposed of, the PCGG and National Museum asserted they were not protected cultural properties under Philippine law.
96541 August 24, 1993 On 14 August 1990, then President
Aquino, through former Executive DEAN JOSE JOYA, CARMEN BELLOSILLO, J.: Secretary Catalino Macaraig, Jr., GUERRERO NAKPIL, ARMIDA authorized Chairman Caparas to sign the SIGUION REYNA, PROF. RICARTE M. All thirty-five (35) petitioners in this Consignment Agreement allowing PURUGANAN, IRMA POTENCIANO, Special Civil Action for Prohibition and Christie's of New York to auction off the ADRIAN CRISTOBAL, INGRID Mandamus with Prayer for Preliminary subject art pieces for and in behalf of the SANTAMARIA, CORAZON FIEL, Injunction and/or Restraining Order seek Republic of the Philippines. AMBASSADOR E. AGUILAR CRUZ, to enjoin the Presidential Commission on FLORENCIO R. JACELA, JR., MAURO Good Government (PCGG) from On 15 August 1990, PCGG, through MALANG, FEDERICO AGUILAR proceeding with the auction sale Chairman Caparas, representing the ALCUAZ, LUCRECIA R. URTULA, scheduled on 11 January 1991 by Government of the Republic of the SUSANO GONZALES, STEVE Christie's of New York of the Old Masters Philippines, signed the Consignment SANTOS, EPHRAIM SAMSON, SOLER Paintings and 18th and 19th century Agreement with Christie's of New York. SANTOS, ANG KIU KOK, KERIMA silverware seized from Malacañang and According to the agreement, PCGG shall POLOTAN, LUCRECIA KASILAG, the Metropolitan Museum of Manila and consign to CHRISTIE'S for sale at public LIGAYA DAVID PEREZ, VIRGILIO placed in the custody of the Central auction the eighty-two (82) Old Masters ALMARIO, LIWAYWAY A. ARCEO, Bank. Paintings then found at the Metropolitan CHARITO PLANAS, HELENA Museum of Manila as well as the BENITEZ, ANNA MARIA L. HARPER, The antecedents: On 9 August 1990, silverware contained in seventy-one (71) ROSALINDA OROSA, SUSAN CALO Mateo A.T. Caparas, then Chairman of cartons in the custody of the Central MEDINA, PATRICIA RUIZ, BONNIE PCGG, wrote then President Corazon C. Bank of the Philippines, and such other RUIZ, NELSON NAVARRO, MANDY Aquino, requesting her for authority to property as may subsequently be NAVASERO, ROMEO SALVADOR, sign the proposed Consignment identified by PCGG and accepted by JOSEPHINE DARANG, and PAZ VETO Agreement between the Republic of the CHRISTIE'S to be subject to the PLANAS, petitioners, Philippines through PCGG and Christie, provisions of the agreement.1 vs. Manson and Woods International, Inc. PRESIDENTIAL COMMISSION ON (Christie's of New York, or CHRISTIE'S) On 26 October 1990, the Commission on GOOD GOVERNMENT (PCGG), concerning the scheduled sale on 11 Audit (COA) through then Chairman CATALINO MACARAIG, JR., in his January 1991 of eighty-two (82) Old Eufemio C. Domingo submitted to official capacity, and/or the Executive Masters Paintings and antique silverware President Aquino the audit findings and Secretary, and CHAIRMAN MATEO seized from Malacañang and the observations of COA on the A.T. CAPARAS, respondents. Metropolitan Museum of Manila alleged Consignment Agreement of 15 August to be part of the ill-gotten wealth of the 1990 to the effect that: (a) the authority M.M. Lazaro & Associates for petitioners. late President Marcos, his relatives and of former PCGG Chairman Caparas to cronies. enter into the Consignment Agreement The Solicitor General for respondents. was of doubtful legality; (b) the contract was highly disadvantageous to the government; (c) PCGG had a poor track scheduled sale of the artworks on the Cultural Properties Preservation and record in asset disposal by auction in the ground that petitioners had not Protection Act;" (c) whether the paintings U.S.; and, (d) the assets subject of presented a clear legal right to a and silverware are properties of public auction were historical relics and had restraining order and that proper parties dominion on which can be disposed of cultural significance, hence, their had not been impleaded. through the joint concurrence of the disposal was prohibited by law. 2 President and Congress; On 11 January 1991, the sale at public (d) whether respondent, PCGG has the On 15 November 1990, PCGG through auction proceeded as scheduled and the jurisdiction and authority to enter into an its new Chairman David M. Castro, wrote proceeds of $13,302,604.86 were turned agreement with Christie's of New York President Aquino defending the over to the Bureau of Treasury.5 for the sale of the artworks; (e) whether, Consignment Agreement and refuting PCGG has complied with the due the allegations of COA Chairman On 5 February 1991, on motion of process clause and other statutory Domingo.3 On the same date, Director of petitioners, the following were joined as requirements for the exportation and sale National Museum Gabriel S. Casal additional petitioners: Charito Planas, of the subject items; and, (f) whether the issued a certification that the items Helena Benitez, Ana Maria L. Harper, petition has become moot and academic, subject of the Consignment Agreement Rosalinda Orosa, Susan Carlo Medina, and if so, whether the above issues did not fall within the classification of Patricia Ruiz, Bonnie Ruiz, Nelson warrant resolution from this Court. protected cultural properties and did not Navarro, Mandy Navasero, Romeo specifically qualify as part of the Filipino Salvador, Josephine Darang and Paz The issues being interrelated, they will cultural heritage.4 Hence, this petition Veto Planas. be discussed jointly hereunder. originally filed on 7 January 1991 by However, before proceeding, we wish to Dean Jose Joya, Carmen Guerrero On the other hand, Catalino Macaraig, emphasize that we admire and Nakpil, Armida Siguion Reyna, Prof. Jr., in his capacity as former Executive commend petitioners' zealous concern to Ricarte M. Puruganan, Irma Potenciano, Secretary, the incumbent Executive keep and preserve within the country Adrian Cristobal, Ingrid Santamaria, Secretary, and Chairman Mateo A.T. great works of art by well-known old Corazon Fiel, Ambassador E. Aguilar Caparas were impleaded as additional masters. Indeed, the value of art cannot Cruz, Florencio R. Jacela, Jr., Mauro respondents. be gainsaid. For, by serving as a creative Malang, Federico Aguilar Alcuaz, medium through which man can express Lucrecia R. Urtula, Susano Gonzales, his innermost thoughts and unbridled Petitioners raise the following issues: (a) Steve Santos, Ephraim Samson, Soler emotions while, at the same time, whether petitioners have legal standing Santos, Ang Kiu Kok, Kerima Polotan, reflecting his deep-seated ideals, art has to file the instant petition; (b) whether the Lucrecia Kasilag, Ligaya David Perez, become a true expression of beauty, joy, Old Masters Paintings and antique Virgilio Almario and Liwayway A. Arceo. and life itself. Such artistic creations give silverware are embraced in the phrase us insights into the artists' cultural "cultural treasure of the nation" which is After the oral arguments of the parties on heritage — the historic past of the nation under the protection of the state 9 January 1991, we issued immediately and the era to which they belong — in pursuant to the 1987 Constitution and/or our resolution denying the application for their triumphant, glorious, as well as "cultural properties" contemplated under preliminary injunction to restrain the troubled and turbulent years. It must be R.A. 4846, otherwise known as "The for this reason that the framers of the On the first requisite, we have held that recognized by the Constitution, 10 and 1987 Constitution mandated in Art. XIV, one having no right or interest to protect when a taxpayer questions the validity of Sec. 14, that is the solemn duty of the cannot invoke the jurisdiction of the court a governmental act authorizing the state to "foster the preservation, as party-plaintiff in an disbursement of public funds. 11 enrichment, and dynamic evolution of a action.7 This is premised on Sec. 2, Rule Filipino national culture based on the 3, of the Rules of Court which provides Petitioners claim that as Filipino citizens, principle of unity in diversity in a climate that every action must be prosecuted taxpayers and artists deeply concerned of free artistic and intellectual and defended in the name of the real with the preservation and protection of expression." And, in urging this Court to party-in-interest, and that all persons the country's artistic wealth, they have grant their petition, petitioners invoke this having interest in the subject of the the legal personality to restrain policy of the state on the protection of action and in obtaining the relief respondents Executive Secretary and the arts. demanded shall be joined as plaintiffs. PCGG from acting contrary to their public The Court will exercise its power of duty to conserve the artistic creations as But, the altruistic and noble purpose of judicial review only if the case is brought mandated by the 1987 Constitution, the petition notwithstanding, there is that before it by a party who has the legal particularly Art. XIV, Secs. 14 to 18, on basic legal question which must first be standing to raise the constitutional or Arts and Culture, and R.A. 4846 known resolved: whether the instant petition legal question. "Legal standing" means a as "The Cultural Properties Preservation complies with the legal requisites for this personal and substantial interest in the and Protection Act," governing the Court to exercise its power of judicial case such that the party has sustained or preservation and disposition of national review over this case. will sustain direct injury as a result of the and important cultural properties. governmental act that is being Petitioners also anchor their case on the The rule is settled that no question challenged. The term "interest" is premise that the paintings and silverware involving the constitutionality or validity material interest, an interest in issue and are public properties collectively owned of a law or governmental act may be to be affected by the decree, as by them and by the people in general to heard and decided by the court unless distinguished from mere interest in the view and enjoy as great works of art. there is compliance with the legal question involved, or a mere incidental They allege that with the unauthorized requisites for judicial inquiry, namely: interest.8 Moreover, the interest of the act of PCGG in selling the art pieces, that the question must be raised by the party plaintiff must be personal and not petitioners have been deprived of their proper party; that there must be an one based on a desire to vindicate the right to public property without due actual case or controversy; that the constitutional right of some third and process of law in violation of the question must be raised at the earliest related party. 9 Constitution. 12 possible opportunity; and, that the decision on the constitutional or legal There are certain instances however Petitioners' arguments are devoid of question must be necessary to the when this Court has allowed exceptions merit. They lack basis in fact and in law. determination of the case itself.6 But the to the rule on legal standing, as when a They themselves allege that the most important are the first two (2) citizen brings a case for mandamus to paintings were donated by private requisites. procure the enforcement of a public duty persons from different parts of the world for the fulfillment of a public right to the Metropolitan Museum of Manila Foundation, which is a non-profit and raised only by the proper parties — the legality of official acts done by the non-stock corporations established to true owners thereof — whose authority government. A taxpayer's suit can promote non-Philippine arts. The to recover emanates from their prosper only if the governmental acts foundation's chairman was former First proprietary rights which are protected by being questioned involve disbursement Lady Imelda R. Marcos, while its statutes and the Constitution. Having of public funds upon the theory that the president was Bienvenido R. Tantoco. failed to show that they are the legal expenditure of public funds by an officer On this basis, the ownership of these owners of the artworks or that the valued of the state for the purpose of paintings legally belongs to the pieces have become publicly owned, administering an unconstitutional act foundation or corporation or the petitioners do not possess any clear constitutes a misapplication of such members thereof, although the public legal right whatsoever to question their funds, which may be enjoined at the has been given the opportunity to view alleged unauthorized disposition. request of a taxpayer. 14 Obviously, and appreciate these paintings when petitioners are not challenging any they were placed on exhibit. Further, although this action is also one expenditure involving public funds but of mandamus filed by concerned the disposition of what they allege to be Similarly, as alleged in the petition, the citizens, it does not fulfill the criteria for a public properties. It is worthy to note that pieces of antique silverware were given mandamus suit. In Legaspi v. Civil petitioners admit that the paintings and to the Marcos couple as gifts from friends Service Commission, 13 this Court laid antique silverware were acquired from and dignitaries from foreign countries on down the rule that a writ of mandamus private sources and not with public their silver wedding and anniversary, an may be issued to a citizen only when the money. occasion personal to them. When the public right to be enforced and the Marcos administration was toppled by concomitant duty of the state are Anent the second requisite of actual the revolutionary government, these unequivocably set forth in the controversy, petitioners argue that this paintings and silverware were taken from Constitution. In the case at bar, case should be resolved by this Court as Malacañang and the Metropolitan petitioners are not after the fulfillment of an exception to the rule on moot and Museum of Manila and transferred to the a positive duty required of respondent academic cases; that although the sale Central Bank Museum. The confiscation officials under the 1987 Constitution. of the paintings and silver has long been of these properties by the Aquino What they seek is the enjoining of an consummated and the possibility of administration however should not be official act because it is constitutionally retrieving the treasure trove is nil, yet the understood to mean that the ownership infirmed. Moreover, petitioners' claim for novelty and importance of the issues of these paintings has automatically the continued enjoyment and raised by the petition deserve this passed on the government without appreciation by the public of the artworks Court's attention. They submit that the complying with constitutional and is at most a privilege and is resolution by the Court of the issues in statutory requirements of due process unenforceable as a constitutional right in this case will establish future guiding and just compensation. If these this action for mandamus. principles and doctrines on the properties were already acquired by the preservation of the nation's priceless government, any constitutional or Neither can this petition be allowed as a artistic and cultural possessions for the statutory defect in their acquisition and taxpayer's suit. Not every action filed by benefit of the public as a whole. 15 their subsequent disposition must be a taxpayer can qualify to challenge the For a court to exercise its power of public interest which should therefore be been charged as adjudication, there must be an actual protected, the answer can be gleaned incapable of preserving case of controversy — one which from reading of the reasons behind the and protecting her involves a conflict of legal rights, an enactment of R.A. 4846: cultural legacies; assertion of opposite legal claims susceptible of judicial resolution; the WHEREAS, the National WHEREAS, the case must not be moot or academic or Museum has the difficult commercialization based on extra-legal or other similar task, under existing laws of Philippine relics from considerations not cognizable by a court and regulations, of the contact period, the of justice. 16 A case becomes moot and preserving and protecting Neolithic Age, and the academic when its purpose has become the cultural properties of Paleolithic Age, has stale, 17 such as the case before us. the nation; reached a point perilously Since the purpose of this petition for placing beyond reach of prohibition is to enjoin respondent public WHEREAS, inumerable savants the study and officials from holding the auction sale of sites all over the country reconstruction the artworks on a particular date — 11 have since been of Philippine January 1991 — which is long past, the excavated for cultural prehistory; and issues raised in the petition have relics, which have passed become moot and academic. on to private hands, WHEREAS, it is believed representing priceless that more stringent At this point, however, we need to cultural treasure that regulation on movement emphasize that this Court has the properly belongs to the and a limited form of discretion to take cognizance of a suit Filipino people as their registration of important which does not satisfy the requirements heritage; cultural properties and of of an actual case or legal standing when designated national paramount public interest is WHEREAS, it is perhaps cultural treasures is involved. 18We find however that there is impossible now to find an necessary, and that no such justification in the petition at bar area in the Philippines, regardless of the item, to warrant the relaxation of the rule. whether government or any cultural property private property, which exported or sold locally Section 2 of R.A. 4846, as amended by has not been disturbed must be registered with P.D. 374, declares it to be the policy of by commercially-minded the National Museum to the state to preserve and protect the diggers and collectors, control the deplorable important cultural properties and national literally destroying part situation regarding our cultural treasures of the nation and to of our historic past; national cultural safeguard their intrinsic value. As to what properties and to kind of artistic and cultural properties are WHEREAS, because of implement the Cultural considered by the State as involving this the Philippines has Properties Law cultural treasures. 21 Findings of (emphasis supplied). administrative officials and agencies who have acquired expertise because their Clearly, the cultural properties of the jurisdiction is confined to specific matters nation which shall be under the are generally accorded not only respect protection of the state are classified as but at times even finality if such findings the "important cultural properties" and are supported by substantial evidence the "national cultural treasures." and are controlling on the reviewing "Important cultural properties" are authorities because of their cultural properties which have been acknowledged expertise in the fields of singled out from among the innumerable specialization to which they are cultural properties as having exceptional assigned. 22 historical cultural significance to the Philippines but are not sufficiently In view of the foregoing, this Court finds outstanding to merit the classification of no compelling reason to grant the national cultural treasures. 19 On the petition. Petitioners have failed to show other hand, a "national cultural that respondents Executive Secretary treasures" is a unique object found and PCGG exercised their functions with locally, possessing outstanding grave abuse of discretion or in excess of historical, cultural, artistic and/or their jurisdiction. scientific value which is highly significant and important to this country and WHEREFORE, for lack of merit, the nation. 20 This Court takes note of the petition for prohibition and mandamus certification issued by the Director of the is DISMISSED. Museum that the Italian paintings and silverware subject of this petition do not SO ORDERED. constitute protected cultural properties and are not among those listed in the Cultural Properties Register of the National Museum.
We agree with the certification of the
Director of the Museum. Under the law, it is the Director of the Museum who is authorized to undertake the inventory, registration, designation or classification, with the aid of competent experts, of important cultural properties and national