Holy

HOLY SPIRIT HOMEOWNERS ASSOCIATION v.
SECRETARY MICHAEL DEFENSOR,

GR NO. 163980, 2006-08-03
Facts:
Petitioner Holy Spirit Homeowners Association, Inc. (Association) is a
homeowner’s association. It is represented by its president, Nestorio F.
Apolinario, Jr., who is a co-petitioner in his own personal capacity and on behalf
of the... association.
Named respondents are the ex-officio members of the National Government
Center Administration Committee (Committee).
Prior to the passage of R.A. No. 9207, a number of presidential issuances
authorized the creation and development of what is now known as the National
Government Center (NGC).pir
On March 5,... On March 5,... 1972,... former President Ferdinand Marcos issued
Proclamation No. 1826, reserving a parcel of land in Constitution Hills, Quezon
City, covering a little over 440 hectares... as a national government site to be
known as the NGC.
1987,... then President Corazon Aquino issued Proclamation No. 137, excluding
150 of the 440 hectares of the reserved site from the coverage of Proclamation
No. 1826 and authorizing instead the disposition of the excluded portion by
direct sale to the... bona fide residents therein.
In view of the rapid increase in population density in the portion excluded by
Proclamation No. 137... ormer President Fidel Ramos issued Proclamation No.
248... authorizing the vertical development of the... excluded portion to
maximize the number of families who can effectively become beneficiaries of
the government's socialized housing program.
2003, President Gloria Macapagal-Arroyo signed into law R.A. No. 9207.
mong the salient provisions of the law are the following:
Sec. 3. Disposition of Certain Portions of the National Government Center Site to
Bona Fide Residents. Proclamation No. 1826, Series of 1979, is hereby amended
by excluding from the coverage thereof, 184 hectares on the west side and 238
hectares on the east side of
Commonwealth Avenue, and declaring the same open for disposition to bona
fide residents therein:
In accordance with Section 5 of R.A. No. 9207,[4] the Committee formulated the
Implementing Rules and Regulations (IRR) of R.A. No. 9207
Petitioners subsequently filed the instant petition, raising the following issues:
Issues:
WHETHER OR NOT SECTION 3.1 (A.4), 3.1 (B.2), 3.2 (A.1) AND 3.2 (C.1) OF THE
RULES AND REGULATIONS OF REPUBLIC ACT NO. 9207, OTHERWISE KNOWN AS
"NATIONAL GOVERNMENT CENTER (NGC) HOUSING AND LAND UTILIZATION ACT
OF 2003" SHOULD BE DECLARED NULL AND VOID FOR BEING
INCONSISTENT WITH THE LAW IT SEEKS TO IMPLEMENT.
WHETHER OR NOT SECTION 3.1 (A.4), 3.1 (B.2), 3.2 (A.1) AND 3.2 (C.1) OF THE
RULES AND REGULATIONS OF REPUBLIC ACT NO. 9207, OTHERWISE KNOWN AS
"NATIONAL GOVERNMENT CENTER (NGC) HOUSING AND LAND UTILIZATION ACT
OF 2003" SHOULD BE DECLARED NULL AND VOID FOR BEING ARBITRARY,...
CAPRICIOUS AND WHIMSICAL.
Ruling:
First, the procedural matters.
"Legal standing" or locus standi... defined as a personal and substantial interest
in the case such that the party has sustained or will sustain direct injury as a
result of the governmental act that is being challenged
We cannot, therefore, agree with the OSG on the issue of locus standi. The
petition does not merit dismissal on that ground.
other procedural impediments to the granting of the instant petition
The OSG claims that the instant petition for prohibition is an improper remedy
because the writ of prohibition does not lie against the exercise of a quasi-
legislative function.
Since in issuing the questioned IRR... of R.A. No. 9207,... the Committee was not
exercising judicial, quasi-judicial or ministerial function
The cited breaches are mortal. The petition deserves to be spurned as a
consequence.
Administrative agencies possess quasi-legislative or rule-making powers and
quasi-judicial or administrative adjudicatory powers.
Quasi-legislative or rule-making power is the power to make rules and
regulations which results in delegated legislation that is within the confines... of
the granting statute and the doctrine of non-delegability and separability of
powers.
In questioning the validity or constitutionality of a rule or regulation issued by an
administrative agency, a party need not exhaust administrative remedies before
going to court.
his principle, however, applies only where the act of the administrative agency...
concerned was performed pursuant to its quasi-judicial function, and not when
the assailed act pertained to its rule-making or quasi-legislative power.
The assailed IRR was issued pursuant to the quasi-legislative power of the
Committee expressly authorized by R.A. No. 9207.
Where what is assailed is the validity or constitutionality of a rule or regulation
issued by the administrative agency in the performance of its quasi-legislative
function, the regular courts have jurisdiction to pass upon the... same.
Since the regular courts have jurisdiction to pass upon the validity of the
assailed IRR issued by the Committee in the exercise of its quasi-legislative
power, the judicial course to assail its validity must follow the doctrine of
hierarchy of courts.
Although the
Supreme Court, Court of Appeals and the Regional Trial Courts have concurrent
jurisdiction to issue writs of certiorari, prohibition, mandamus, quo warranto,
habeas corpus and injunction, such concurrence does not give the petitioner
unrestricted freedom of choice... of court forum.
A direct invocation of the Court's original... jurisdiction to issue these writs
should be allowed only when there are special and important reasons therefor,
clearly and specifically set out in the petition.
A petition for prohibition is also not the proper remedy to assail an IRR issued in
the exercise of a quasi-legislative function.
Prohibition lies against judicial or ministerial functions, but not against
legislative or quasi-legislative functions.
Generally, the purpose of a writ of prohibition is to keep a... lower court within
the limits of its jurisdiction in order to maintain the administration of justice in
orderly channels.
Where the principal relief sought is to invalidate an IRR, petitioners' remedy is
an ordinary action for its nullification, an action which properly falls under the
jurisdiction of the Regional Trial Court.
In like manner, the instant petition may be dismissed based on... the foregoing
procedural grounds. Yet, the Court will not shirk from its duty to rule on the
merits of this petition to facilitate the speedy resolution of this case. In proper
cases, procedural rules may be relaxed or suspended in the interest of
substantial justice. And the... power of the Court to except a particular case
from its rules whenever the purposes of justice require it cannot be questioned.
Now, we turn to the substantive aspects of the petition. The outcome, however,
is just as dismal for petitioners.
WHEREFORE, the instant petition for prohibition is DISMISSED.

Holy

Uploaded by

Copyright:

Available Formats

Holy

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Holy

Uploaded by

Copyright:

Available Formats

HOLY SPIRIT HOMEOWNERS ASSOCIATION v.

SECRETARY MICHAEL DEFENSOR,

You might also like