Beruflich Dokumente
Kultur Dokumente
vs
OCHOA
Power
of
Appropriation
CONSTITUTIONAL LAW
Sections
24,
25,
26,
27
and
29
#
PROCEDURAL ISSUES
(a)
The
issues
raised
in
the
consolidated
petitions
involve
an
actual
and
justiciable
controversy;
(b)
The
issues
raised
in
the
consolidated
petitions
are
matters
of
policy
not
subject
to
judicial
review;
(c)
Petitioners
have
legal
standing
to
sue;
and
(d)
The
court’s
decision(Philconsa)
and
in
(LAMP)
bar
the
relitigation
of
the
issue
of
constitutionality
of
the
Pork
Barrel
System
under
the
principles
of
res
judicata
and
stare
decisis.
WON
CATacuboy
#
HELD
(a)
There
is
an
actual
and
justiciable
controversy;
(b)
issues
raised
in
the
petitions
are
matters
of
policy
subject
to
judicial
review;
(c)
Petitioners
have
legal
standing
to
sue;
and
(d)
The
court’s
decision
(Philconsa)
and
(LAMP)
only
partially
bar
the
relitigation
of
the
issue
of
constitutionality
of
the
Pork
Barrel
System
under
the
principles
of
res
judicata
and
stare
decisis.
WON
CATacuboy
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COURT’S RULING
• Constitutional Litigation
• No question involving the constitutionality
or validity of a law or act may be heard
and decided by court unless there is
compliance with the legal requisites for
judicial inquiry.
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LEGAL REQUISITES
FOR JUDICIAL INQUIRY
• There must be an ACTUAL CONTROVERSY calling
for the exercise of judicial power.
• The person challenging must have the LEGAL
STANDING to question validity of subject
• The question of constitutionality must be raised at the
EARLIEST OPPORTUNITY
• Issue of constitutionality must be the very LIS MOTA
(cause) of the case
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A. EXISTENCE OF AN ACTUAL
CONTROVERSY
SecCon
1,
ArCcle
VIII
of
the
1987
ConsCtuCon:
Judicial
power
includes
the
duty
of
the
courts
of
jus5ce
to
se6le
actual
controversies
involving
rights,
which
are
legally
demandable
and
enforceable.
CATacuboy
#
A. EXISTENCE OF AN ACTUAL
CONTROVERSY
• In
the
case
at
bar,
Court
finds
that
there
exists
an
actual
and
jusGciable
controversy.
• The
requirement
of
contrariety
of
legal
rights
is
saGsfied
by
the
antagonisGc
posiGon
of
parGes
on
the
consGtuGonality
of
the
Pork
Barrel
System
• QuesGons
are
ripe
for
adjudicaCon
since
challenged
funds
and
provisions
allowing
for
their
uGlizaGon
are
currently
exisGng
and
operaGonal
• THREAT:
unconsGtuGonal
use
of
the
public
funds
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#
A. EXISTENCE OF AN ACTUAL
CONTROVERSY
• PDAF not rendered moot
Line-‐item
budgeGng
scheme
proposed
by
respondents
would
not
terminate
the
controversy
nor
diminish
the
useful
purpose
for
its
resoluGon
because
geared
towards
2014
and
not
the
2013
PDAF
ArGcle.
THE
COURT
WILL
DECIDE
WHETHER
A
CASE
IS
MOOT
OR
NOT:
• (1)By Constitutional Design
annulment
or
nullificaGon
of
a
law
may
be
done
either
by
Congress,
through
passage
of
a
repealing
law,
or
the
Court
thru
a
declaraGon
of
unconsGtuGonality.
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A. EXISTENCE OF AN ACTUAL
CONTROVERSY
• Grave violation of the constitution
Grave
violaGon
of
consGtuGon
with
respect
to
principles
of
separaGon
of
powers,
non-‐delegability
of
legislaGve
power,
checks
and
balances,
accountability
and
local
autonomy.
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A. EXISTENCE OF AN ACTUAL
CONTROVERSY
• Delos Santos v CoA
Court
upheld
CoA’s
disallowance
of
irregularly
disbursed
PDAF
funds
-‐
The
exercise
of
its
general
audit
power
is
among
the
consGtuGonal
mechanisms
that
gives
life
to
the
check
and
balance
system
inherent
in
our
form
of
government
—
believe
their
experCse
in
the
laws
they
are
entrusted
to
enforce
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#
A. EXISTENCE OF AN ACTUAL
CONTROVERSY
• (3) Constitutional issue raised requires formulation of
controlling principles to guide the bench, bar, and
public
Compelling
need
to
formulate
controlling
principles
for
expediGous
resoluGon
of
the
anGcipated
disallowance
cases
and
for
the
government
to
be
guided
on
how
public
funds
should
be
uGlised
in
accordance
with
consGtuGonal
principles
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A. EXISTENCE OF AN ACTUAL
CONTROVERSY
• (4)Case is Capable of repetition yet evading review
• The passage of the national budget is by constitutional
imprimature, an affair of annual occurrence.
• Sanlakas vs. Executive Secretary: court used capable
of repetition but evading review exception in order to
prevent similar questions from emerging.
• The myriad of issues underlying the manner in which
certain public funds are spent, if not resolved at this
time, are capable of repetition. Therefore it must not
evade judicial review.
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C. LOCUS STANDI
• “Whether a party alleges such personal stake in the
outcome of the controversy as to assure that
concrete adverseness which sharpens the
presentation of issues upon which the court
depends for illumination of difficult constitutional
questions. Unless a person is injuriously affected in
any of his constitutional rights by the operation of
statute or ordinance, he has no standing.”
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C. LOCUS STANDI
• Petitioners have come before the court as citizen-
taxpayers and accordingly assert that they dutifully
contribute to the coffers (financial reserves) of the National
Treasury.
• As
taxpayers
they
possess
the
requisite
standing
to
quesGon
the
validity
of
the
exisGng
Pork
Barrel
System
uGlizing
the
taxes
they
have
been
paying.
• PeGGoners
are
bound
to
suffer
from
the
unconsGtuGonal
usage
of
public
funds
• Issues
raised
are
classified
as
ma^ers
of
transcendental
importance,
to
society
or
of
paramount
public
interest
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