Solis Case

9/11/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 428
VOL. 428, APRIL 28, 2004 283

Velarde vs. Social Justice Society
*
G.R. No. 159357. April 28, 2004.
Brother MARIANO “MIKE” Z. VELARDE, petitioner, vs.

SOCIAL JUSTICE SOCIETY, respondent.
Remedial Law; Actions; Declaratory Relief; An action for

declaratory relief should be filed by a person interested under a
deed, a will, a contract or other written instrument, and whose
rights are affected by a statute, an executive order, a regulation or
an ordinance; Essential Requisites of an Action for Declaratory
Relief.—Based on the foregoing, an action for declaratory relief
should be filed by a person interested under a deed, a will, a
contract or other written instrument, and whose rights are affected
by a statute, an executive order, a regulation or an ordinance. The
purpose of the remedy is to interpret or to determine the validity of
the written instrument and to seek a judicial declaration of the
parties’ rights or duties thereunder. The essential requisites of the
action are as follows: (1) there is a justiciable controversy; (2) the
controversy is between persons whose interests are adverse; (3) the
party seeking the relief has a legal interest in the controversy; and
(4) the issue is ripe for judicial determination.
Same; Same; Same; A justiciable controversy refers to an
existing case or controversy that is appropriate or ripe for judicial
determination, not one that is conjectural or merely anticipatory.—A
justiciable controversy refers to an existing case or controversy that
is appropriate or ripe for judicial determination, not one that is
conjectural or merely anticipatory. The SJS Petition for Declaratory
Relief fell short of this test. It miserably failed to allege an existing
controversy or dispute between the petitioner and the named
respondents therein. Further, the Petition did not sufficiently state
what specific legal right of the petitioner was violated by the
respondents therein; and what particular act or acts of the latter
were in breach of its rights, the law or the Constitution.
Same; Same; Same; Sheer speculation does not give rise to an
actionable right.—Such premise is highly speculative and merely
theoretical, to say the least. Clearly, it does not suffice to constitute
a justiciable controversy. The Petition does not even allege any
www.central.com.ph/sfsreader/session/0000016d1d406d49946ec514003600fb002c009e/t/?o=False 1/36
indication or manifest intent on the part of any of the respondents

below to champion an electoral candidate, or to urge their so-called
flock to vote for, or not to vote for, a particular candidate. It is a
time-honored rule that sheer speculation does not give rise to an
actionable right.
Same; Same; Same; A cause of action is an act or an omission of
one party in violation of the legal right or rights of another, causing
injury to
_______________
* EN BANC.
284
284 SUPREME COURT REPORTS ANNOTATED
the latter; Essential Elements of a Cause of Action.—A cause of

action is an act or an omission of one party in violation of the legal
right or rights of another, causing injury to the latter. Its essential
elements are the following: (1) a right in favor of the plaintiff; (2)
an obligation on the part of the named defendant to respect or not
to violate such right; and (3) such defendant’s act or omission that is
violative of the right of the plaintiff or constituting a breach of the
obligation of the former to the latter.
Same; Same; Same; In special civil actions for declaratory
relief, the concept of a cause of action under ordinary civil actions
does not apply strictly.—The failure of a complaint to state a cause
of action is a ground for its outright dismissal. However, in special
civil actions for declaratory relief, the concept of a cause of action
under ordinary civil actions does not strictly apply. The reason for
this exception is that an action for declaratory relief presupposes
that there has been no actual breach of the instruments involved or
of rights arising thereunder. Nevertheless, a breach or violation
should be impending, imminent or at least threatened.
Same; Same; Same; Party-in-Interest; Parties bringing suits
challenging the constitutionality of a law, an act or a statute must
show not only that the law (or act) is invalid, but also that (they
have) sustained or (are) in immediate or imminent danger of
sustaining some direct injury as a result of its enforcement.—Parties
bringing suits challenging the constitutionality of a law, an act or a
statute must show “not only that the law [or act] is invalid, but also
that [they have] sustained or [are] in immediate or imminent
danger of sustaining some direct injury as a result of its

enforcement, and not merely that [they] suffer thereby in some
indefinite way.” They must demonstrate that they have been, or are
about to be, denied some right or privilege to which they are
lawfully entitled, or that they are about to be subjected to some
burdens or penalties by reason of the statute or act complained of.
Same; Constitutional Law; Judgment; Elementary due process
demands that the parties to a litigation be given information on
how the case was decided as well as an explanation of the factual
and legal reasons that led to the conclusions of the court.—Indeed,
elementary due process demands that the parties to a litigation be
given information on how the case was decided, as well as an
explanation of the factual and legal reasons that led to the
conclusions of the court.
Same; Same; Same; Magistrates instructed to exert effort to
ensure the decisions would present a comprehensive analysis or
account of the factual and legal findings that would substantially
address the issues raised by the parties.—In Madrid v. Court of
Appeals, this Court had instructed magistrates to exert effort to
ensure that their decisions would
285
VOL. 428, APRIL 28, 2004 285
present a comprehensive analysis or account of the factual and legal

findings that would substantially address the issues raised by the
parties.
Same; Same; Same; Decisions or orders issued in careless
disregard of the constitutional mandate are a patent nullity and
must be struck down as void.—Failure to comply with the
constitutional injunction is a grave abuse of discretion amounting to
lack or excess of jurisdiction. Decisions or orders issued in careless
disregard of the constitutional mandate are a patent nullity and
must be struck down as void.
Same; Same; Same; Essential Parts of a Good Decision.—In
general, the essential parts of a good decision consist of the
following: (1) statement of the case; (2) statement of facts; (3) issues
or assignment of errors; (4) court ruling, in which each issue is, as a
rule, separately considered and resolved; and, finally, (5) dispositive
portion. The ponente may also opt to include an introduction or a
prologue as well as an epilogue, especially, in cases in which
controversial or novel issues are involved.
PETITION for review on certiorari of the decision and order

of the Regional Trial Court of Manila, Br. 49.
The facts are stated in the opinion of the Court.

The Law Firm of Chan, Robles & Associates for
petitioner Bro. M. Velarde.
Santiago, Cruz & Sarte Law Offices and Dela Cruz,
Jose-San Juan, Villanueva & Associates for Bro. E.
Villanueva.
Lazaro, Tuazon, Santos & Associates and Artemio G.
Tuquero for Iglesia ni Cristo.
Samson S. Alcantara for Social Justice Society.
Romulo, Mabanta, Buenaventura, Sayoc & De Los
Angeles for Cardinal Sin.
R.A.V. Saguisag for Bro. E. Soriano.
PANGANIBAN, J.:
A decision that does not conform to the form and substance

required by the Constitution and the law is void and deemed
legally inexistent. To be valid, decisions should comply with
the form, the procedure and the substantive requirements
laid out in the Constitution, the Rules of Court and relevant
circulars/orders of the Su-
286

preme Court. For the guidance of the bench and the bar, the
Court hereby discusses these forms, procedures and
requirements.
The Case
1
Before us is a Petition for Review under Rule 45 of2 the
Rules of Court, assailing
3
the June 12, 2003 Decision and
July 29, 2003 Order4 of the Regional Trial Court (RTC) of
Manila (Branch 49).
The challenged 5Decision was the offshoot of a Petition for
Declaratory Relief filed before the RTC-Manila by herein
Respondent Social Justice Society (SJS) against herein
Petitioner Mariano “Mike” Z. Velarde, together with His
Eminence, Jaime Cardinal Sin, Executive Minister Eraño
Manalo, Brother Eddie Villanueva and Brother Eliseo F.
Soriano as co-respondents. The Petition prayed for the
resolution of the question “whether or not the act of a
religious leader like any of herein respondents, in endorsing

the candidacy of a candidate for elective office or in urging
or requiring the members of his flock to vote for a specified
candidate, is violative of the 6
letter or spirit of the
constitutional provisions x x x.”
Alleging that the questioned Decision did not contain a
statement of facts and a dispositive portion, herein
petitioner filed a Clarificatory Motion and Motion for
Reconsideration before the trial court. Soriano, his co-
respondent, similarly filed a separate Motion for
Reconsideration. In response, the trial court issued the
assailed Order, which held as follows:
“x x x [T]his Court cannot reconsider, because what it was asked to

do, was only to clarify a Constitutional provision and to declare
whether acts are violative thereof. The Decision did not make a
dispositive portion because a dispositive portion is required only in
coercive reliefs, where a redress from wrong suffered and the
benefit that the prevailing party wronged should get. The step that
these movants have to take, is direct
_______________
1 Rollo, pp. 3-37.

2 Id., pp. 39-52.
3 Id., p. 54.
4 Presided by Judge Concepcion S. Alarcon-V ergara.
5 Rollo, pp. 270-276. Docketed as Civil Case No. 03-105642 in the RTC.
6 Assailed Decision, p. 1; Rollo, p. 39. Original in upper case.
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VOL. 428, APRIL 28, 2004 287

appeal under Rule 45 of the Rules of Court, for a conclusive

interpretation
7
of the Constitutional provision to the Supreme
Court.”
The Antecedent Proceedings
On January 28, 2003, SJS filed a Petition for Declaratory

Relief (“SJS Petition”) before the RTC-Manila against
Velarde and his aforesaid co-respondents. SJS, a registered
political party, sought 8 the interpretation of several
constitutional provisions, specifically on the separation of
church and state; and a declaratory judgment on the
constitutionality of the acts of religious leaders endorsing a

candidate for an elective office, or urging or requiring the
members of their flock to vote for a specified candidate.
The subsequent proceedings were recounted in the
challenged Decision in these words:
“x x x. Bro. Eddie Villanueva submitted, within the original period

[to file an Answer], a Motion to Dismiss. Subsequently, Executive
Minister Eraño Manalo and Bro. Mike Velarde, filed their Motions
to Dismiss. While His Eminence Jaime Cardinal L. Sin, filed a
Comment and Bro. Eli Soriano, filed an Answer within the extended
period and similarly prayed for the dismissal of the Petition. All
sought the dismissal of the Petition on the common grounds that it
does not state a cause of action and that there is no justiciable
controversy. They were ordered to submit a pleading by way of
advisement, which was closely followed by another Order denying
all the Motions to Dismiss. Bro. Mike Velarde, Bro. Eddie Villanueva
and Executive Minister Eraño Manalo moved to reconsider the
denial. His Eminence Jaime Cardinal L. Sin, asked for extension to
file memorandum. Only Bro. Eli Soriano complied with the first
Order by submitting his Memorandum. x x x.
_______________
7 Rollo, p. 54.
8 In particular, the following provisions of the Constitution were
mentioned in the SJS Petition:
“The separation of church and state shall be inviolable.” (§6 of Article II)
“The state shall promote social justice in all phases of national
development.” (§10, Article II)
“No law shall be made respecting an establishment of religion, or prohibiting
the free exercise thereof. The free exercise and enjoyment of religious profession
and worship, without discrimination or preference, shall forever be allowed. No
religious test shall be required for the exercise of civil or political rights.” (§5 of
Article III)
288

“x x x the Court denied the Motions to Dismiss, and the Motions for
Reconsideration filed by Bro. Mike Velarde, Bro. Eddie Villanueva
and Executive Minister Eraño Manalo, which raised no new
arguments other9
than those already considered in the motions to
dismiss x x x.”
After narrating the above incidents, the trial court said that
it had jurisdiction over the Petition, because “in praying for
a determination as to whether the actions imputed to the
respondents are violative of Article II, Section 6 of the
Fundamental
10
Law, [the Petition] has raised only a question
of law.” It then proceeded to a lengthy discussion of the
issue raised in the Petition—the separation of church and
state—even tracing, to some extent, the historical
background of the principle. Through its discourse, the court
a quo opined at some point that the “[e]ndorsement of
specific candidates in an election to any 11
public office is a
clear violation of the separation clause.”
After its essay on the legal issue, however, the trial court
failed to include a dispositive portion in its assailed
Decision. Thus, Velarde and Soriano filed separate Motions
for Reconsideration which, as mentioned earlier, were
denied by the lower court. 12
Hence, this Petition for Review.
13
This Court, in a Resolution dated September 2, 2003,
required SJS and the Office of the Solicitor General (OSG) to
submit their respective comments. In the same Resolution,
the Court gave the
_______________
9 Assailed Decision, pp. 2-3; Rollo, pp. 40-41.

10 Id., pp. 3 & 41.
11 Id., pp. 10 & 48.
12 The Petition was deemed submitted for decision on April 19, 2004,
upon receipt of the parties’ Memoranda. Petitioner’s Memorandum was
signed by Attys. Joselito Guianan Chan and Cesar Becerro Tuozo. On the
other hand, respondent’s Memorandum was signed by Atty. Samson S.
Alcantara. The Office of the Solicitor General’s Memorandum was signed
by Assistant Solicitors General Antonio L. Villamor and Ma. Antonia
Edita C. Dizon, Solicitor Rico Sebastian D. Liwanag and Associate
Solicitor Bernardino P. Salvador, Jr. The Memorandum of Bro. Eddie
Villanueva was signed by Atty. Eric Paul I. Fetalino; while that of
Cardinal Sin, by Atty. Maria Liza A. Lopez-Rosario. Iglesia ni Cristo’s
counsel, Atty. Abraham G. Espejo, filed a Manifestation adopting INC’s
Petition, which had been filed with the Court of Appeals, as
Memorandum.
13 Rollo, p. 126.
289
VOL. 428, APRIL 28, 2004 289

other parties—impleaded as respondents in the original

case below—the opportunity to comment, if they so desired.
On April14 13, 2004, the Court en banc conducted an Oral
Argument.
The Issues
In his Petition, Brother Mike Velarde submits the following

issues for this Court’s resolution:
“1. Whether or not the Decision dated 12 June 2003

rendered by the court a quo was proper and valid;
“2. Whether or not there exists justiceable controversy
in herein respondent’s Petition for declaratory relief;
“3. Whether or not herein respondent has legal interest
in filing the Petition for declaratory relief;
“4. Whether or not the constitutional question sought to
be resolved by herein respondent is ripe for judicial
determination;
“5. Whether or not there is adequate remedy other than
the declaratory relief; and,
“6. Whether or not the court a quo has jurisdiction over
the Petition15 for declaratory relief of herein
respondent.”
During the Oral Argument, the issues were narrowed down

and classified as follows:
“A. Procedural Issues
“Did the Petition for Declaratory Relief raise a justiciable

controversy? Did it state a cause of action? Did respondent have any
legal standing to file the Petition for Declaratory Relief?
“B. Substantive Issues
_______________
14 Atty. Joselito Guianan Chan argued for Petitioner Velarde; Atty.

Samson Alcantara, for Respondent SJS; Atty. Eric Paul Fetalino, for Bro.
Eddie Villanueva; Atty. Maria Liza Lopez-Rosario, for His Eminence
Jaime Cardinal Sin; Atty. Abraham Espejo, for Executive Minister Eraño
Manalo; and Solicitor Rico Sebastian D. Liwanag, for the OSG. Bro.
Eliseo F. Soriano, through Counsel Rene A.V. Saguisag, filed a
Manifestation dated April 10, 2004, which the Court accepted in lieu of
oral argument.
15 Petition, pp. 9-10; Rollo, pp. 11-12. Original in upper case.
290

“1. Did the RTC Decision conform to the form and substance
required by the Constitution, the law and the Rules of
Court?
“2. May religious leaders like herein petitioner, Bro. Mike
Velarde, be prohibited from endorsing candidates for public
office? Corollarily, may they be banned from campaigning
against said candidates?”
The Court’s Ruling
The Petition of Brother Mike Velarde is meritorious.
Procedural Issues:
Requisites of Petitions
for Declaratory Relief
Section 1 of Rule 63 of the Rules of Court, which deals with

petitions for declaratory relief, provides in part:
“Section 1. Who may file petition.—Any person interested under a

deed, will, contract or other written instrument, whose rights are
affected by a statute, executive order or regulation, ordinance, or
any other governmental regulation may, before breach or violation
thereof, bring an action in the appropriate Regional Trial Court to
determine any question of construction or validity arising, and for a
declaration of his rights or duties thereunder.”
Based on the foregoing, an action for declaratory relief

should be filed by a person interested under a deed, a will, a
contract or other written instrument, and whose rights are
affected by a statute, an executive order, a regulation or an
ordinance. The purpose of the remedy is to interpret or to
determine the validity of the written instrument and to seek
a judicial 16declaration of the parties’ rights or duties
thereunder. The essential requisites of the action are as
follows: (1) there is a justiciable controversy; (2) the
controversy is between persons whose interests are adverse;
(3) the party seeking the relief has a legal interest in the
controversy; and17
(4) the issue is ripe for judicial
determination.
_______________
16 Gozun v. Liangco, 339 SCRA 253, August 30, 2000; Vda. De Aviles
v. Court of Appeals, 264 SCRA 473, November 21, 1996.
17 Board of Optometry v. Colet, 260 SCRA 88, July 30, 1996; Gozun v.
Liangco, supra; citing Galarosa v. Valencia, 227 SCRA 728, 737, Novem
291
VOL. 428, APRIL 28, 2004 291

Justiciable Controversy
Brother Mike Velarde contends that the SJS Petition failed
to allege, much less establish before the trial court, that
there existed a justiciable controversy or an adverse legal
interest between them; and that SJS had a legal right that
was being violated or threatened to be violated by
petitioner. On the contrary, Velarde alleges that SJS
premised its action on mere speculations, contingent events,
and hypothetical issues that had not yet ripened into an
actual controversy. Thus, its Petition for Declaratory Relief
must fail.
A justiciable controversy refers to an existing case or
controversy that is appropriate or ripe for judicial
determination,18
not one that is conjectural or merely
anticipatory. The SJS Petition for Declaratory Relief fell
short of this test. It miserably failed to allege an existing
controversy or dispute between the petitioner and the
named respondents therein. Further, the Petition did not
sufficiently state what specific legal right of the petitioner
was violated by the respondents therein; and what
particular act or acts of the latter were in breach of its
rights, the law or the Constitution.
As pointed
19
out by Brother Eliseo F. Soriano in his
Comment, what exactly has he done that merited the
attention of SJS? He confesses that he does not know the
answer, because the SJS Petition (as well as the assailed
Decision of the RTC) “yields nothing in this respect.” His
Eminence, Jaime Cardinal Sin, adds that, at the time SJS
filed its Petition on January 28, 2003, the election season
had not even started yet; and that, in any event, he has not
been actively involved in partisan politics.
An initiatory complaint or petition filed with the trial
court should contain “a plain, concise and direct statement
of the ultimate facts
20
on which the party pleading relies for
his claim x x x.” Yet, the SJS Petition stated no ultimate
facts.
Indeed, SJS merely speculated or anticipated without

factual moorings that, as religious leaders, the petitioner
and his co-
_______________
ber 11, 1993; Office of the Ombudsman v. Judge Ibay, 364 SCRA 281,
September 3, 2001.
18 Board of Optometry v. Colet, supra.
19 Rollo, pp. 163-175.
20 §1 of Rule 8 of the Rules of Court.
292

respondents below had endorsed or threatened to endorse a

candidate or candidates for elective offices; and that such
actual or threatened endorsement “will enable [them] to
elect men to public office who [would] in turn be forever
beholden to their
21
leaders, enabling them to control the
government”[;] and “pos[ing] a clear and present danger of
serious erosion of the people’s faith in the electoral process[;]
and reinforc[ing] their, belief that religious 22
leaders
determine the ultimate result of elections,” which would
then be violative of the separation clause.
Such premise is highly speculative and merely
theoretical, to say the least. Clearly, it does not suffice to
constitute a justiciable controversy. The Petition does not
even allege any indication or manifest intent on the part of
any of the respondents below to champion an electoral
candidate, or to urge their so-called flock to vote for, or not to
vote for, a particular candidate. It is a time-honored rule
that sheer speculation does not give rise to an actionable
right.
Obviously, there is no factual allegation that SJS’ rights
are being subjected to any threatened, imminent and
inevitable violation that should be prevented by the
declaratory relief sought. The judicial power and duty of the
courts to settle actual controversies involving 23
rights that
are legally demandable and enforceable cannot be
exercised when there is no actual or threatened violation of
a legal right.
All that the 5-page SJS Petition, prayed for was “that24 the
question raised in paragraph 9 hereof be resolved.” In
other words, it merely sought an opinion of the trial court on
whether the speculated acts of religious leaders endorsing
elective candidates for political offices violated the

constitutional principle on the separation of church and
state. SJS did not ask for a declaration of its
_______________
21 Petition for Declaratory Relief, p. 4; Rollo, p. 273.

22 Ibid.
23 §1 of Art. VIII of the Constitution.
24 Paragraph 9 of the SJS Petition reads:
“Whether or not the act of a religious leader, like any of herein respondents, in
endorsing the candidacy of a candidate for elective office or in urging or
requiring the members of his flock to vote for a specified candidate, is violative
of the letter or spirit of the constitutional provisions herein abovequoted.” (All
capital letters in the original)
293
VOL. 428, APRIL 28, 2004 293

rights and duties; neither did it pray for the stoppage of any
threatened violation of its declared rights. Courts,25however,
are proscribed from rendering an advisory opinion.
Cause of Action
Respondent SJS asserts that in order to maintain a petition
for declaratory relief, a cause of action need not be alleged or
proven. Supposedly, for such petition to prosper, there need
not be any violation of a right, breach of duty or actual
wrong committed by one party against the other.
Petitioner, on the other hand, argues that the subject
matter of an action for declaratory relief should be a deed, a
will, a contract (or other written instrument), a statute, an
executive order, a regulation or an ordinance. But the
subject matter of the SJS Petition is “the constitutionality of
an act of a religious leader to endorse the candidacy of a
candidate for elective office or to urge or require the 26
members of the flock to vote for a specified candidate.”
According to petitioner, this subject matter 27
is “beyond the
realm of an action for declaratory relief.” Petitioner avers
that in the absence of a valid subject matter, the Petition
fails to state a cause of action and, hence, should have been
dismissed outright by the court a quo.
A cause of action is an act or an omission of one party in
violation of the legal
28
right or rights of another, causing
injury to the latter. Its essential elements are the following:
(1) a right in favor of the plaintiff; (2) an obligation on the

part of the named defendant to respect or not to violate such
right; and (3) such defen-
_______________
25 PACU v. Sec. of Education, 97 Phil. 806, October 31, 1955; People

v. Vera, 65 Phil. 56, November 16, 1937; Agra v. Philippine National
Bank, 368 Phil. 829; 309 SCRA 509, June 29, 1999; Gonzales v. Narvasa,
337 SCRA 733, August 14, 2000; Pimentel, Jr. v. House of
Representatives Electoral Tribunal, 393 SCRA 227, November 29, 2002;
Gozun v. Liangco, supra.
26 Petition for Review, p. 16; Rollo, p. 18.
27 Ibid.
28 Rebollido v. Court of Appeals, 170 SCRA 800, February 28, 1989;
Leberman Realty Corporation v. Typingco, 293 SCRA 316, July 29, 1998.
294

dant’s act or omission that is violative of the right of the

plaintiff or constituting
29
a breach of the obligation of the
former to the latter.
The failure of a complaint to state
30
a cause of action is a
ground for its outright dismissal. However, in special civil
actions for declaratory relief, the concept of a cause of action
under ordinary civil actions does not strictly apply. The
reason for this exception is that an action for declaratory
relief presupposes that there has been no actual breach of 31
the instruments involved or of rights arising thereunder.
Nevertheless, a breach or violation should be impending,
imminent or at least threatened.
A perusal of the Petition filed by SJS before the RTC
discloses no explicit allegation that the former had any legal
right in its favor that it sought to protect. We can only infer
the interest, supposedly in its favor, from its bare allegation
that it “has thousands of members who are citizens-
taxpayers-registered voters and who are keenly interested
in a judicial clarification of the constitutionality of the
partisan participation of religious leaders in Philippine
politics and in the process to32 insure adherence to the
Constitution by everyone x x x.”
Such general averment does not, however, suffice to
constitute a legal right or interest. Not only is the presumed
interest not personal in character;33 it is likewise too vague,
highly speculative and uncertain. The Rules require that
the interest must be material to the issue and affected by

the questioned act or instrument, as distinguished from
simple 34 curiosity or incidental interest in the question
raised.
To bolster its stance, SJS cites the Corpus Juris
Secundum and submits that the “[p]laintiff in a declaratory
judgment action does not seek to enforce a claim against
[the] defendant, but seeks a judicial declaration of [the]
rights of the parties for the purpose of
_______________
29 Parañaque Kings Enterprises, Incorporated v. Court of Appeals, 335

Phil. 1184; 268 SCRA 727, February 26, 1997, citing Dulay v. Court of
Appeals, 313 Phil. 8; 243 SCRA 220, April 3, 1995; Virata v.
Sandiganbayan, 272 SCRA 661, May 27, 1997.
30 §1(g) of Rule 16 in relation to §3, Rule 17 of the Rules of Court.
31 Regalado, Remedial Law Compendium, 6th revised ed., p. 693.
32 Petition for Declaratory Relief, p. 3; Rollo, p. 272.
33 Integrated Bar of the Philippines v. Zamora, 338 SCRA 81, August
15, 2000.
34 Ibid.
295
VOL. 428, APRIL 28, 2004 295

guiding [their] future conduct, and the essential distinction

between a ‘declaratory judgment action’ and the usual
‘action’ is that no actual wrong need have been committed or
loss have occurred in order to sustain the declaratory
judgment action, although there must be no uncertainty
that the loss
35
will occur or that the asserted rights will be
invaded.”
SJS has, however, ignored the crucial point of its own
reference—that there must be no uncertainty that the loss
will occur or that the asserted rights will be invaded.
Precisely, as discussed earlier, it merely conjectures that
herein petitioner (and his corespondents below) might
actively participate in partisan politics, use “the awesome
voting strength of its faithful flock [to] enable it to elect men
to public office
36
x x x, enabling [it] to control the
government.”
During the Oral Argument, though, Petitioner Velarde
and his co-respondents below all strongly asserted that they
had not in any way engaged or intended to participate in
partisan politics. They all firmly assured this Court that
they had not done anything to trigger the issue raised and
to entitle SJS to the relief sought.
Indeed, the Court finds in the Petition for Declaratory
Relief no single allegation of fact upon which SJS could base
a right of relief from the named respondents. In any event,
even granting that it sufficiently asserted a legal right it
sought to protect, there was nevertheless no certainty that
such right would be invaded by the said respondents. Not
even the alleged proximity of the elections to the time the
Petition was filed below (January 28, 2003) would have
provided the certainty that it had a legal right that would be
jeopardized or violated by any of those respondents.
Legal Standing
Legal standing or locus standi has been defined as a
personal and substantial interest in the case, such that the
party has sustained or 37
will sustain direct injury as a result
of the challenged act. Interest means a material interest in
issue that is affected by
_______________
35 Comment, p. 3; Rollo, p. 151.

36 Petition for Declaratory Relief, p. 4; Id., p. 273.
37 Integrated Bar of the Philippines v. Zamora, supra; citing Joya v.
Presidential Commission on Good Government, 225 SCRA 568, 576,
August 24, 1993.
296

the questioned act or instrument, as distinguished 38

from a
mere incidental interest in the question involved.
Petitioner alleges that “[i]n seeking declaratory relief as
to the constitutionality of an act of a religious leader to
endorse, or require the members of the religious flock to vote
for a specific candidate, herein
39
Respondent SJS has no legal
interest in the controversy”; it has failed to establish how
the resolution of the proffered question would benefit or
injure it.
Parties bringing suits challenging the constitutionality
of a law, an act or a statute must show “not only that the law
[or act] is invalid, but also that [they have] sustained or
[are] in immediate or imminent danger of sustaining some
direct injury as a result of its enforcement, and not 40merely
that [they] suffer thereby in some indefinite way.” They
must demonstrate that they have been, or are about to be,

denied some right or privilege to which they are lawfully
entitled, or that they are about to be subjected to some
burdens or penalties
41
by reason of the statute or act
complained of.
First, parties suing as taxpayers must specifically prove
that they have sufficient interest in preventing
42
the illegal
expenditure of money raised by taxation. A taxpayer’s
action may be properly brought only when there43 is an
exercise by Congress of its taxing or spending power. In the
present case, there is no allegation, whether express or
implied, that taxpayers’ money is being illegally disbursed.
Second, there was no showing in the Petition for
Declaratory Relief that SJS as a political party or its
members as registered voters would be adversely affected by
the alleged acts of the respondents below, if the question at
issue was not resolved. There was no allegation that SJS
had suffered or would be deprived of votes due to the acts
imputed to the said respondents. Neither did
_______________
38 Id.
39 Petition for Review, p. 20; Rollo, p. 22.
40 BAYAN (Bagong Alyansang Makabayan) v. Executive Secretary,
342 SCRA 449, October 10, 2000.
41 Ibid.
42 Del Mar v. Philippine Amusement and Gaming Corporation, 346
SCRA 485, November 29, 2000.
43 Telecommunications and Broadcast Attorneys of the Phils., Inc. v.
Commission on Elections, 289 SCRA 337, April 21, 1998; Sanidad v.
Commission on Elections, 73 SCRA 333, October 12, 1976.
297
VOL. 428, APRIL 28, 2004 297

it allege that any of its members would be denied the right

of suffrage or the privilege to be voted for a public office they
are seeking.
Finally, the allegedly keen interest of its “thousands of
members 44
who are citizens-taxpayers-registered voters” is too
general and beyond the contemplation of the standards set
by our jurisprudence. Not only is the presumed interest
impersonal in character; it is likewise too vague, highly
speculative 45
and uncertain to satisfy the requirement of
standing.
Transcendental Importance
In any event, SJS urges the Court to take cognizance of the
Petition, even sans legal standing, considering that “the
issues raised are of paramount public interest.”
In not a few cases, the Court has liberalized the locus
standi requirement when a petition raises an issue of
transcendental
46
significance or paramount importance to the
people. Recently, after holding that the IBP had no locus 47
standi to bring the suit, the Court in IBP v. Zamora
nevertheless entertained the Petition therein. It noted that
“the IBP has advanced constitutional issues which deserve
the attention of this Court in view48
of their seriousness,
novelty and weight as precedents.”
Similarly in the instant case, the Court deemed the
constitutional issue raised in the SJS Petition to be of
paramount interest to the Filipino people. The issue did not
simply concern a delineation of the separation between
church and state, but ran smack into the governance of our
country. The issue was both transcendental in importance
and novel in nature, since it had never been decided before.
_______________
44 See Integrated Bar of the Philippines v. Zamora, supra.

45 Ibid. See also Tolentino v. Board of Accountancy, 90 Phil. 83, Sep-
tember 28, 1951.
46 Tatad v. Secretary of the Department of Energy, 281 SCRA 330,
November 5, 1997; Garcia v. Executive Secretary, 211 SCRA 219, July 3,
1992; Joya v. Presidential Commission on Good Government, supra;
Kilosbayan, Inc. v. Guingona, Jr., 232 SCRA 110, May 5, 1994.
47 Supra.
48 Id., p. 102, per Kapunan, J.
298

The Court, thus, called for Oral Argument to determine with

certainty whether it could resolve the constitutional issue
despite the barren allegations in the SJS Petition as well as
the abbreviated proceedings in the court below. Much to its
chagrin, however, counsels for the parties particularly for
Respondent SJS—made no satisfactory allegations or
clarifications that would supply the deficiencies hereinabove
discussed. Hence, even if the Court would exempt this case
from the stringent locus standi requirement, such heroic
effort would be futile because the transcendental issue

cannot be resolved anyway.
Proper Proceedings Before

the Trial Court
To prevent a repetition of this waste of precious judicial time
and effort, and for the guidance of the bench49 and the bar,
the Court reiterates the elementary procedure that50 must be
followed by trial courts in the conduct of civil cases.
Prefatorily, the trial court may—motu proprio 51
or upon
motion of the defendant—dismiss a complaint (or petition,
in a special civil action) that does not allege
52
the plaintiffs (or
petitioner’s) cause or causes of action. A complaint or
petition should contain “a plain, concise and direct
statement of the ultimate facts on 53
which the party pleading
relies for his claim or defense.”
54
It should likewise clearly
specify the relief sought.
_______________
49 Rule 5 of the Rules of Court, which prescribes a uniform procedure

in trial courts, reads thus:
“Section 1. Uniform procedure.—The procedure in the Municipal Trial Courts

shall be the same as in the Regional Trial Courts except (a) where a particular
provision expressly or impliedly applies only to either of said courts, or (b) in
civil cases governed by the Rule on Summary Procedure .”
50 §3 of Rule 1 of the Rules of Court provides:
“Cases governed.—These Rules shall govern the procedure to be observed in

actions, civil or criminal, and special proceedings.”
x x x x x x x x x.
51 §1 (g) of Rule 16 in relation to §3 of Rule 17, Id.

53 §1 of Rule 8, Id.
54 §2 (c) of Rule 7, Id.
299
VOL. 428, APRIL 28, 2004 299

Upon the filing of the complaint/petition and the payment of

the requisite legal fees, the clerk of court shall forthwith
issue the corresponding summons to the defendants or the 55
respondents, with a directive that the defendant answer
within 15 days, unless a different period is fixed by the
56
56
court. The summons shall also contain a notice that if such
answer is not filed, the plaintiffs/petitioners shall take a
judgment
57
by default and may be granted the relief applied
for. The court, however, may—upon such terms as may be
just—allow
58
an answer to be filed after the time fixed by the
Rules.
If the answer sets forth a counterclaim or cross-claim,59
it
must be answered within ten (10) days from service. A
reply may be filed within
60
ten (10) days from service of the
pleading responded to.
When an answer fails to tender an issue or admits the
material allegations of the adverse party’s pleading, the
court may, on motion of that party, direct judgment on such
pleading (except in actions for declaration of 61
nullity or
annulment of marriage or for legal separation). Meanwhile,
a party seeking to recover upon a claim, a counterclaim or
crossclaim—or to obtain a declaratory relief—may, at any
time after the answer thereto has62
been served, move for a
summary judgment in its favor. Similarly, a party against
whom a claim, a counterclaim or crossclaim is asserted—or a
declaratory relief sought—may,63 at any time, move for a
summary judgment in its favor. After the motion is heard,
the judgment sought shall be rendered forthwith if there is a
showing that, except as to the amount of damages, there is
no genuine issue as to any material fact; and that the 64
moving party is entitled to a judgment as a matter of law.
Within the time for—but before—filing the answer to the
complaint or petition, the defendant may file a motion to
dismiss based
_______________
55 §§ 1 & 2(b) of Rule 14, Id.

56 § 1 of Rule 11, Id.
57 § 2(c) of Rule 14, Id.
58 § 11 of Rule 11, Id.
59 § 4, Id.
60 § 6, Id.
61 § 1 of Rule 34 of the Rules of Court.
62 § 1 of Rule 35, Id.
63 § 2, Id.
64 § a3, Id.
300

on any of the grounds stated in Section 1 of Rule 16 of the

Rules of Court. During the hearing of the motion, the
parties shall submit their arguments on the questions
65
of
law, and their evidence on the questions of fact. After the
hearing, the court may dismiss the action or claim, deny the
motion, or order the amendment of the pleadings. It shall
not defer the resolution of the motion for the reason that the
ground relied upon is not indubitable. In every case, the
resolution 66
shall state clearly and distinctly the reasons
therefor.
If the motion is denied, the movant may file an answer
within the balance of the period originally prescribed to file
an answer, but not less than five (5) days in any event,
computed from the receipt of the notice of the denial. If the
pleading is ordered to be amended, the defendant shall file
an answer within fifteen (15) days, counted from the service
of the amended
67
pleading, unless the court provides a longer
period. After the last pleading has 68
been served and filed,
the case shall69
be set for pretrial, which is a mandatory
proceeding. A plain-
_______________

66 §3, Id.
67 §4, Id.
69 §2, Id. At the pretrial, the court shall consider the following:
“(a) The possibility of an amicable settlement or of a submission to

alternative modes of dispute resolution;
(b) The simplification of the issues;
(c) The necessity or desirability of amendments to the pleadings;
(d) The possibility of obtaining stipulations or admissions of facts and
of documents to avoid unnecessary proof;
(e) The limitation of the number of witnesses;
(f) The advisability of a preliminary reference of issues to a
commissioner;
(g) The propriety of rendering judgment on the pleadings, or
summary judgment, or of dismissing the action should a valid
ground therefor be found to exist;
h) The advisability or necessity of suspending the proceedings; and
(i) Such other matters as may aid in the prompt disposition of the
action.”
301
VOL. 428, APRIL 28, 2004 301

tiff’s/petitioner’s (or its duly authorized representative’s)

non-appearance at the pretrial, if without valid cause, shall
result in the dismissal of the action with prejudice, unless
the court orders otherwise. A similar failure on the part of
the defendant shall be a cause for allowing the
plaintiff/petitioner to present evidence ex parte, and the
70
court to render judgment on the basis thereof.
The parties are required to file their pretrial briefs;
failure to do so shall 71have the same effect as failure to
appear at the pretrial. Upon the termination thereof, the
court shall issue an order reciting in detail the matters
taken up at the conference; the action taken on them, the
amendments allowed to the pleadings; and the agreements
or admissions, if any, made
72
by the parties’ regarding any of
the matters considered. The parties may 73
further avail
themselves of any of the modes of discovery, if 74
they so wish.
Thereafter, the case shall be set for trial, in which the
parties shall adduce their respective evidence in support of
their claims and/or defenses. By their written consent or
upon the application of either party, or on its own motion,
the court may also order any or all of the issues to be
referred to a commissioner, who75
is to be appointed by it or to
be agreed upon by the parties. The trial or
_______________
70 §5, Id.
71 §6, Id. The pretrial briefs shall contain, among others:
“(a) A statement of their willingness to enter into amicable settlement

or alternative modes of dispute resolution, indicating the desired
terms thereof;
(b) A summary of admitted facts and proposed stipulation of facts;
(c) The issues to be tried or resolved;
(d) The documents or exhibits to be presented, stating the purpose
thereof;
(e) A manifestation of their having availed or their intention to avail
themselves of discovery procedures or referral to commissioners;
and
(f) The number and names of the witnesses, and the substance of
their respective testimonies.”
72 §7, Id.
73 Rules 23-28 of the Rules of Court.
74 §1 of Rule 30, Id.
75 §§1 & 2 of Rule 32, Id. §2 reads:
302

hearing before the commissioner shall76 proceed in all

respects as it would if held before the court.
Upon the completion of such proceedings, the
commissioner shall file with the 77court a written report on the
matters referred by the parties. The report shall be set for
hearing, after which the court shall issue an order adopting,
modifying or rejecting it in whole or in part; or recommitting
it with instructions; or requiring the parties to present 78
further evidence before the commissioner or the court.
Finally, a judgment or final order determining the merits
of the case shall be rendered. The decision shall be in
writing, personally and directly prepared by the judge,
stating clearly and distinctly the facts and the law on which
it is based, signed79 by the issuing magistrate, and filed with
the clerk of court.
Based on these elementary guidelines, let us examine the
proceedings before the trial court in the instant case.
First, with respect to the initiatory pleading of the SJS.
Even a cursory perusal of the Petition immediately reveals
its gross inadequacy. It contained no statement of ultimate
facts upon which the petitioner relied for its claim.
Furthermore, it did not specify the relief it sought from the
court, but merely asked it to answer a hypothetical question.
_______________
“x x x When the parties do not consent, the court may, upon the application of
either, or of its own motion, direct a reference to a commissioner in the following
cases:
(a) When the trial of an issue of fact requires the examination of a long
account on either side, in which case the commissioner may be directed
to hear and report upon the whole issue, or any specific question
involved therein;
(b) When the taking of an account is necessary for the information of the
court before judgment, or for carrying a judgment or order into effect;
(c) When a question of fact, other than upon the pleadings, arises upon
motion or otherwise, in any stage of a case, or for carrying a judgment or
order into effect.”
76 §3, Id.
77 §9, Id.
78 §11, Id.
303
VOL. 428, APRIL 28, 2004 303

Relief, as contemplated in a legal action, refers to a specific

coercive measure prayed for as a result 80
of a violation of the
rights of a plaintiff or a petitioner. As already discussed
earlier,81
the Petition before the trial court had no allegations
of fact or of any specific violation of the petitioner’s rights,
which the respondents had a duty to respect. Such
deficiency amounted to a failure to state a cause of action;
hence, no coercive relief could be sought and adjudicated.
The Petition evidently lacked substantive requirements
and, we repeat, should have been dismissed at the outset.
Second, with respect to the trial court proceedings.
Within the period set to file their respective answers to the
SJS Petition, Velarde, Villanueva and Manalo filed Motions
to Dismiss; Cardinal Sin, a Comment; and Soriano, within a
priorly granted extended period, an Answer in 82
which he
likewise prayed for the dismissal of the Petition. SJS filed a
Rejoinder to the Motion of Velarde, who subsequently filed a
Sur-Rejoinder. Supposedly, there were “several scheduled
settings, in which the “[c]ourt
83
was apprised of the respective
positions of the parties.” The nature of such settings—
whether pretrial or trial hearings—was not disclosed in the
records. Before ruling 84on the Motions to Dismiss, the trial
court issued an Order dated May 8, 2003, directing the
parties to submit their 85memoranda. Issued shortly
thereafter was another Order dated May 14, 2003, denying
all the Motions to Dismiss.
In the latter Order, the trial court perfunctorily ruled:
“The Court now resolves to deny the Motions to Dismiss, and after
all the memoranda are submitted,
86
then, the case shall be deemed as
submitted for resolution.”
Apparently, contrary to the requirement of Section 2 of Rule

16 of the Rules of Court, the Motions were not heard. Worse,
the Order purportedly resolving the Motions to Dismiss did
not state any
_______________
80 Moran, Comments on the Rules of Court, Vol. I (1995 ed.), p. 165.

81 In fact, SJS, through counsel, admitted during the Oral Argument
that its Petition contained no statement of facts and argued that by the
nature of an action for declaratory relief, no facts were necessary.
82 Assailed Decision, pp. 2-3; Rollo, pp. 40-41.
83 Id., pp. 3 & 41.
84 Annex “J” of the Petition for Review; Rollo, p. 119.
85 Annex “I” of the Petition for Review, Id., p. 117.
86 Ibid.
304

reason at all for their denial, in contravention of Section 3 of

the said Rule 16. There was not even any statement of the
grounds relied upon by the Motions; much less, of the legal
findings and conclusions of the trial court.
Thus, Velarde, Villanueva and Manalo moved for
reconsideration. Pending the resolution of these Motions for
Reconsideration, Villanueva filed a Motion to suspend the
filing of the parties’ memoranda. But instead of separately
resolving the pending Motions fairly and squarely, the trial
court again transgressed the Rules of Court when it
immediately proceeded to issue its Decision, even before
tackling the issues raised in those Motions.
Furthermore, the RTC issued its “Decision” without
allowing the parties to file their answers. For this reason,
there was no joinder of the issues. If only it had allowed the
filing of those answers, the trial court would have known, as
the Oral Argument revealed, that the petitioner and his co-
respondents below had not committed or threatened to
commit the act attributed to them (endorsing candidates)—
the act that was supposedly the factual basis of the suit.
Parenthetically, the court a quo further failed to give a
notice of the Petition to the OSG, which was entitled to be
heard upon questions involving the 87constitutionality or
validity of statutes and other measures.
Moreover, as will be discussed in more detail, the
questioned Decision of the trial court was utterly wanting in
the requirements prescribed by the Constitution and the
Rules of Court.
All in all, during the loosely abbreviated proceedings of
the case, the trial court indeed acted with inexplicable haste,
with total ignorance of the law—or, worse, in cavalier
disregard of the rules of procedure—and with grave abuse of
discretion.
Contrary to the contentions of the trial judge and of SJS,

proceedings for declaratory relief must still follow the
process described above—the petition must state a cause of
action; the proceedings must undergo the procedure
outlined in the Rules of Court; and the decision must adhere
to constitutional and legal requirements.
_______________
87 See §3 of Rule 63 of the Rules of Court.
305
VOL. 428, APRIL 28, 2004 305

First Substantive Issue:

Fundamental Requirements
of a Decision
The Constitution commands that “[n]o decision shall be

rendered by any court without expressing therein clearly
and distinctly the facts and the law on which it is based. No
petition for review or motion for reconsideration of a decision
of the court shall be refused
88
due course or denied without
stating the basis therefor.”
Consistent with this constitutional mandate, Section 1 of
Rule 36 of the Rules on Civil Procedure similarly provides:
“Sec. 1. Rendition of judgments and final orders.—A judgment or

final order determining the merits of the case shall be in writing
personally and directly prepared by the judge, stating clearly and
distinctly the facts and the law on which it is based, signed by him
and filed with the clerk of court.”
In the same vein, Section 2 of Rule 120 of the Rules of Court

on Criminal Procedure reads as follows:
“Sec. 2. Form and contents of judgments.—The judgment must be

written in the official language, personally and directly prepared by
the judge and signed by him and shall contain clearly and distinctly
a statement of the facts proved or admitted by the accused and the
law upon which the judgment is based.
“x x x x x x x x x.”
Pursuant to the Constitution, this Court also issued on

January 28, 1988, Administrative Circular No. 1, prompting
all judges “to make complete findings of facts in their
decisions, and scrutinize closely the legal aspects of the case

in the light of the evidence presented. They should avoid the
tendency to generalize and form conclusions without
detailing the facts from which such conclusions are
deduced.” 89
In many cases, this Court has time and time again
reminded “magistrates to heed the demand of Section 14,
Article VIII of the
_______________
88 §14 of Article VIII of the Constitution.

89 Yao v. Court of Appeals, 344 SCRA 202, October 24, 2000; Francisco
v. Permskul, 173 SCRA 324, May 12,1989; Nicos Industrial Corpora
306

Constitution.” The Court, through Chief

90
Justice Hilario G.
Davide Jr. in Yao v. Court of Appeals, discussed at length
the implications of this provision and strongly exhorted
thus:
“Faithful adherence to the requirements of Section 14, Article VIII

of the Constitution is indisputably a paramount component of due
process and fair play. It is likewise demanded by the due process
clause of the Constitution. The parties to a litigation should be
informed of how it was decided, with an explanation of the factual
and legal reasons that led to the conclusions of the court. The court
cannot simply say that judgment is rendered in favor of X and
against Y and just leave it at that without any justification
whatsoever for its action. The losing party is entitled to know why
he lost, so he may appeal to the higher court, if permitted, should he
believe that the decision should be reversed. A decision that does not
clearly and distinctly state the facts and the law on which it is based
leaves the parties in the dark as to how it was reached and is
precisely prejudicial to the losing party, who is unable to pinpoint
the possible errors of the court for review by a higher tribunal. More
than that, the requirement is an assurance to the parties that, in
reaching judgment, the judge did so through the processes of legal
reasoning. It is, thus, a safeguard against the impetuosity of the
judge, preventing him from deciding ipse dixit. Vouchsafed neither
the sword nor the purse by the Constitution but nonetheless vested
with the sovereign prerogative of passing judgment on the life,
liberty or property of his fellowmen, the judge must ultimately
depend on the power of reason for sustained public confidence in

the justness of his decision.”
91
In People v. Bugarin, the Court also explained:
“The requirement that the decisions of courts must be in writing and

that they must set forth clearly and distinctly the facts and the law
on which they are based serves many functions. It is intended,
among other things, to inform the parties of the reason or reasons
for the decision so that if any of them appeals, he can point out to
the appellate court the finding of facts or the rulings on points of
law with which he disagrees. More than that, the requirement is an
assurance to the parties that, in reaching judgment, the judge did
so through the processes of legal reasoning, x x x.”
_______________
tion v. Court of Appeals, 206 SCRA 127, February 11, 1992; People v.
Dumaguing, 340 SCRA 701, September 20, 2000; Madrid v. Court of
Appeals, 332 SCRA 570, May 31, 2000; Suarez v. Court of Appeals, 193
SCRA 183, January 23, 1991.
90 Supra, p. 219.
91 339 Phil. 570, 580; 273 SCRA 384, June 13, 1997, per Mendoza, J.
307
VOL. 428, APRIL 28, 2004 307

Indeed, elementary due process demands that the parties to

a litigation be given information on how the case was
decided, as well as an explanation of the factual 92
and legal
reasons that led to the conclusions 93
of the court.
In Madrid v. Court of Appeals, this Court had instructed
magistrates to exert effort to ensure that their decisions
would present a comprehensive analysis or account of the
factual and legal findings that would substantially address
the issues raised by the parties.
In the present case, it is starkly obvious that the assailed
Decision contains no statement of facts—much less an
assessment or analysis thereof—or of the court’s findings as
to the probable facts. The assailed Decision begins with a
statement of the nature of the action and the question or
issue presented. Then follows a brief explanation of the
constitutional provisions involved, and what the Petition
sought to achieve. Thereafter, the ensuing procedural
incidents before the trial court are tracked. The Decision
proceeds to a full-length opinion on the nature and the
extent of the separation of church and state. Without

expressly stating the final conclusion she has reached or
specifying the relief granted or denied, the trial judge ends
her “Decision” with the clause “SO ORDERED.”
What were the antecedents that necessitated the filing of
the Petition? What exactly were the distinct facts that gave
rise to the question sought to be resolved by SJS? More
important, what were the factual findings and analysis on
which the trial court based its legal findings and
conclusions? None were stated or implied. Indeed, the RTC’s
Decision cannot be upheld for its failure to express clearly
and distinctly the facts on which it was based. Thus, the trial
court clearly transgressed the constitutional directive.
The significance of factual findings lies in the value of
the decision as a precedent. How can it be so if one cannot
apply the ruling to similar circumstances, simply because
such circumstances are
_______________
92 Nicos Industrial Corp. v. Court of Appeals, 206 SCRA 127,

February 11, 1992; People v. Judge Bellaflor, 233 SCRA 196, June 15,
1994; Anino v. National Labor Relations Commission, 352 Phil. 1098;
290 SCRA 489, May 21, 1998.
93 Supra.
308

unknown? Otherwise stated, how will the ruling be applied

in the future, if there is no point of factual comparison?
Moreover, the court a quo did not include a resolutory or
dispositive portion in its so-called Decision. The importance
of such portion was explained
94
in the early case Manalang v.
Tuason de Rickards, from which we quote:
“The resolution of the Court on a given issue as embodied in the

dispositive part of the decision or order is the investitive or
controlling factor that determines and settles the rights of the
parties and the questions presented therein, notwithstanding the
existence of statements or declaration in the body of said order that
may be confusing.”
The assailed Decision in the present case leaves us in the

dark as to its final resolution of the Petition. To recall, the
original Petition was for declaratory relief. So, what relief
did the trial court grant or deny? What rights of the parties
did it conclusively declare? Its final statement says, “SO
ORDERED.” But what exactly did the court order? It had
the temerity to label its issuance a “Decision,” when nothing
was in fact decided.
Respondent SJS insists that the dispositive portion can
be found in the body of the assailed Decision. It claims that
the issue is disposed of and the Petition finally resolved by
the statement of the trial court found on page 10 of its 14-
page Decision, which reads: “Endorsement of specific
candidates in an election to any95 public office is a clear
violation of the separation clause.”
We cannot agree. 96
In Magdalena Estate, Inc. v. Caluag, the obligation of
the party imposed by the Court was allegedly contained in
the text of the original Decision. The Court, however, held:
“x x x The quoted finding of the lower court cannot supply

deficiencies in the dispositive portion. It is a mere opinion of the
court and the rule is settled that where there is a conflict between
the dispositive part and the opinion, the former must prevail over
the latter on the theory that the dispositive portion is the final order
while the opinion is merely a statement ordering nothing.” (Italics in
the original)
_______________
94 104 Phil. 254, July 31, 1958, per Felix, J.

95 Assailed Decision, p. 10; Rollo, p. 48.
96 120 Phil. 338; 11 SCRA 333, June 30, 1964, per Regala, J.
309
VOL. 428, APRIL 28, 2004 309

Thus, the dispositive portion cannot be deemed to be the

statement quoted by SJS and embedded in the last
paragraph of page 10 of the assailed 14-page Decision. If at
all, that statement is merely an answer to a hypothetical
legal question and just a part of the opinion of the trial court
It does not conclusively declare the rights (or obligations) of
the parties to the Petition. Neither does it grant any—much
less, the proper—relief under the circumstances, as required
of a dispositive portion.
Failure to comply with the constitutional injunction is a
grave abuse of discretion amounting to lack or excess of
jurisdiction. Decisions or orders issued in careless disregard
of the constitutional mandate

97
are a patent nullity and must
be struck down as void.
Parts of a Decision
In general, the essential parts of a good decision consist of
the following: (1) statement of the case; (2) statement of
facts; (3) issues or assignment of errors; (4) court ruling, in
which each issue is, as a rule, separately considered and
resolved; and, finally, (5) dispositive portion. The ponente
may also opt to include an introduction or a prologue as well
as an epilogue, especially,98 in cases in which controversial or
novel issues are involved.
An introduction may consist of a concise but
comprehensive statement of the principal factual or legal
issue/s of the case. In some cases—particularly those
concerning public interest; or involving complicated
commercial, scientific, technical or otherwise rare subject
matters—a longer introduction or prologue may serve to
acquaint readers with the specific nature of the controversy
and the issues involved. An epilogue may be a summation of
the important principles applied to the resolution of the
issues of paramount public interest or significance. It may
also lay down an enduring philosophy of law or guiding
principle.
Let us now, again for the guidance of the bench and the
bar, discuss the essential parts of a good decision.
_______________
97 Yao v. Court of Appeals, supra; Madrid v. Court of Appeals, supra.

98 See Panganiban, “On Developing My Decision-Writing Style,”
Justice and Faith (1997), pp. 9-29.
310

1. Statement of the Case

The Statement of the Case consists of a legal definition of
the nature of the action. At the first instance, this part
states whether the action is a civil case for collection,
ejectment, quieting of title, foreclosure of mortgage, and so
on; or, if it is a criminal case, this part describes the specific
charge—quoted usually from the accusatory portion of the
information—and the plea of the accused. Also mentioned
here are whether the case is being decided on appeal or on a
petition for certiorari, the court of origin, the case number in
the trial court, and the dispositive portion of the assailed

decision.
In a criminal case, the verbatim reproduction of the
criminal information serves as a guide in determining the
nature and the gravity of the offense for which the accused
may be found culpable. As a rule, the accused cannot be
convicted of a crime different from or graver than that
charged.
Also, quoting verbatim the text of the information is
especially important when there is a question on the
sufficiency of the charge, or on whether qualifying and
modifying circumstances have been adequately alleged
therein.
To ensure that due process is accorded, it is important to
give a short description of the proceedings regarding the
plea of the accused. Absence of an arraignment, or a serious
irregularity therein, may render the judgment void, and
further consideration by the appellate court would be futile.
In some instances, especially in appealed cases, it would also
be useful to mention the fact of the appellants’ detention, in
order to dispose of the preliminary query—whether or not
they have abandoned their appeal by absconding or
jumping bail.
Mentioning the court of origin and the case number
originally assigned helps in facilitating the consolidation of
the records of the case in both the trial and the appellate
courts, after entry of final judgment.
Finally, the reproduction of the decretal portion of the
assailed decision informs the reader of how the appealed
case was decided by the court a quo.
311
VOL. 428, APRIL 28, 2004 311

2. Statement of Facts
There are different ways of relating the facts of the case.
First, under the objective or reportorial method, the judge
summarizes—without comment—the testimony of each
witness and the contents of each exhibit. Second, under the
synthesis method, the factual theory of the plaintiff or
prosecution and then that of the defendant or defense is
summarized according to the judge’s best light. Third, in the
subjective method, the version of the facts accepted by the
judge is simply narrated without explaining what the
parties’ versions are. Finally, through a combination of
objective and subjective means, the testimony of each
witness is reported and the judge then formulates his or her

own version of the facts.
In criminal cases, it is better to present both the version
of the prosecution and that of the defense, in the interest of
fairness and due process. A detailed evaluation of the
contentions of the parties must follow. The resolution of
most criminal cases, unlike civil and other cases, depends to
a large extent on the factual issues and the appreciation of
the evidence. The plausibility or the implausibility of each
version can sometimes be initially drawn from a reading of
the facts. Thereafter, the bases of the court in arriving at its
findings and conclusions should be explained.
On appeal, the fact that the assailed decision of the lower
court fully, intelligently and correctly resolved all factual
and legal issues involved may partly explain why the
reviewing court finds no reason to reverse the findings and
conclusions of the former. Conversely, the lower court’s
patent misappreciation of the facts or misapplication of the
law would aid in a better understanding of why its ruling is
reversed or modified.
In appealed civil cases, the opposing sets of facts no
longer need to be presented. Issues for resolution usually
involve questions of law, grave abuse of discretion, or want
of jurisdiction; hence, the facts of the case are often
undisputed by the parties. With few exceptions, factual
issues are not entertained in non-criminal cases.
Consequently, the narration of facts by the lower court, if
exhaustive and clear, may be reproduced; otherwise, the
material factual antecedents should be restated in the words
of the reviewing magistrate.
In addition, the reasoning of the lower court or body
whose decision is under review should be laid out, in order
that the parties
312

may clearly understand why the lower court ruled in a

certain way, and why the reviewing court either finds no
reason to reverse it or concludes otherwise.
3. Issues or Assignment of Errors
Both factual and legal issues should be stated. On appeal,
the assignment of errors, as mentioned in the appellant’s
brief, may be reproduced in toto and tackled seriatim, so as
to avoid motions for reconsideration of the final decision on
the ground that the court failed to consider all assigned
errors that could affect the outcome of the case. But when
the appellant presents repetitive issues or when the
assigned errors do not strike at the main issue, these may be
restated in clearer and more coherent terms.
Though not specifically questioned by the parties,
additional issues may also be included, if deemed important
for substantial justice to be rendered. Note that appealed
criminal cases are given de novo review, in contrast to
noncriminal cases in which the reviewing court is generally
limited to issues specifically raised in the appeal. The few
exceptions are errors of jurisdiction; questions not raised but
necessary in arriving at a just decision on the case; or
unassigned errors that are closely related to those properly
assigned, or upon which depends the determination of the
question properly raised.
4. The Court’s Ruling
This part contains a full discussion of the specific errors
or issues raised in the complaint, petition or appeal, as the
case may be; as well as of other issues the court deems
essential to a just disposition of the case. Where there are
several issues, each one of them should be separately
addressed, as much as practicable. The respective
contentions of the parties should also be mentioned here.
When procedural questions are raised in addition to
substantive ones, it is better to resolve the former
preliminarily.
5. The Disposition or Dispositive Portion
In a criminal case, the disposition should include a
finding of innocence or guilt, the specific crime committed,
the penalty imposed, the participation of the accused, the
modifying circumstances if any, and the civil liability and
costs. In case an acquittal
313
VOL. 428, APRIL 28, 2004 313

is decreed, the court must order the immediate release of the

accused, if detained, (unless they are being held for another
cause) and order the director of the Bureau of Corrections
(or wherever the accused is detained) to report, within a
maximum of ten (10) days from notice, the exact date when
the accused were set free.
In a civil case as well as in a special civil action, the
disposition should state whether the complaint or petition is
granted or denied, the specific relief granted, and the costs.
The following test of completeness may be applied. First, the
parties should know their rights and obligations. Second,

they should know how to execute the decision under
alternative contingencies. Third, there should be no need
for further proceedings to dispose of the issues. Fourth, the
case should be terminated by according the proper relief.
The “proper relief” usually depends upon what the parties
seek in their pleadings. It may declare their rights and
duties, command the performance of positive prestations, or
order them to abstain from specific acts. The disposition
must also adjudicate costs.
The foregoing parts need not always be discussed in
sequence. But they should all be present and plainly
identifiable in the decision. Depending on the writer’s
character, genre and style, the language should be fresh aid
free-flowing, not necessarily stereotyped or in a fixed form;
much less highfalutin, hackneyed and pretentious. At all
times, however, the decision must be clear, concise, complete
and correct.
Second Substantive Issue:

Religious Leaders’ Endorsement
of Candidates for Public Office
The basic question posed in the SJS Petition—WHETHER

ENDORSEMENTS OF CANDIDACIES BY RELIGIOUS
LEADERS IS UNCONSTITUTIONAL—undoubtedly
deserves serious consideration. As stated earlier, the Court
deems this constitutional issue to be of paramount interest
to the Filipino citizenry, for it concerns the governance of
our country and its people. Thus, despite the obvious
procedural transgressions by both SJS and the trial court,
this Court still called for Oral Argument, so as not to leave
any doubt that there might be room to entertain and dispose
of the SJS Petition on the merits.
Counsel for SJS has utterly failed, however, to convince
the Court that there are enough factual and legal bases to
resolve the
314

paramount issue. On the other hand, the Office of the

Solicitor General has sided with petitioner insofar as there
are no facts supporting the SJS Petition and the assailed
Decision.
We reiterate that the said Petition failed to state directly

the ultimate facts that it relied upon for its claim. During
the Oral Argument, counsel for SJS candidly admitted that
there were no factual allegations in its Petition for
Declaratory Relief. Neither were there factual findings in
the assailed Decision. At best, SJS merely asked the trial
court to answer a hypothetical question. In effect, it merely
sought an advisory opinion, the rendition of which was 99
beyond the court’s constitutional mandate and jurisdiction.
Indeed, the assailed Decision was rendered in clear
violation of the Constitution, because it made no findings of
facts and final disposition. Hence, it is void and deemed
legally inexistent. Consequently, there is nothing for this
Court to review, affirm, reverse or even just modify.
Regrettably, it is not legally possible for the Court to take
up, on the merits, the paramount question involving a
constitutional principle. It is a time-honored rule that “the
constitutionality of a statute [or act] will be passed upon
only if, and to the extent that, it is directly and necessarily
involved in a justiciable controversy and is essential
100
to the
protection of the rights of the parties concerned.”
WHEREFORE, the Petition for Review of Brother Mike
Velarde is GRANTED. The assailed June 12, 2003 Decision
and July 29, 2003 Order of the Regional Trial Court of
Manila (Branch 49) are hereby DECLARED NULL AND
VOID and thus SET ASIDE. The SJS Petition for
Declaratory Relief is DISMISSED for failure to state a
cause of action.
Let a copy of this Decision be furnished the Office of the
Court Administrator to evaluate and recommend whether
the trial judge may, after observing due process, be held
administratively liable
_______________
99 Agra v. Philippine National Bank, 368 Phil. 829; 309 SCRA 509,
June 29, 1999; Gonzales v. Narvasa, 337 SCRA 733, August 14, 2000;
Pimentel, Jr. v. House of Representatives Electoral Tribunal, 393 SCRA
227, November 29, 2002; Gozun v. Liangco, supra; Fernandez v. Torres,
215 SCRA 489, November 6, 1992.
100 National Economic Protectionism Association v. Ongpin, 171
SCRA 657, 664, April 10, 1989, per Paras, J.
315
VOL. 428, APRIL 28, 2004 315

Estrella vs. Commission on Elections
for rendering a decision violative of the Constitution, the

Rules of Court and relevant circulars of this Court. No costs.
SO ORDERED.
Davide, Jr. (C.J.), Puno, Quisumbing, Sandoval-

Gutierrez, Carpio, Austria-Martinez, Carpio-Morales,
Callejo, Sr., Azcuna and Tinga, JJ., concur.
Vitug, J., In the result.
Ynares-Santiago, J., No part.
Corona, J., On Leave.
Petition granted, assailed decision and order declared

null and void and set aside. Petition for Declaratory Relief
dismissed.
Note.—Court decisions are based on facts and reasoned

arguments, not on surveys of popular sentiments. (People vs.
Lotoc, 307 SCRA 471 [1999])
——o0o——
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9/11/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 428

VOL. 428, APRIL 28, 2004 283

Brother MARIANO “MIKE” Z. VELARDE, petitioner, vs.

Remedial Law; Actions; Declaratory Relief; An action for

indication or manifest intent on the part of any of the respondents

284 SUPREME COURT REPORTS ANNOTATED

Velarde vs. Social Justice Society

the latter; Essential Elements of a Cause of Action.—A cause of

danger of sustaining some direct injury as a result of its

VOL. 428, APRIL 28, 2004 285

Velarde vs. Social Justice Society

present a comprehensive analysis or account of the factual and legal

PETITION for review on certiorari of the decision and order

The facts are stated in the opinion of the Court.

A decision that does not conform to the form and substance

286 SUPREME COURT REPORTS ANNOTATED

religious leader like any of herein respondents, in endorsing

“x x x [T]his Court cannot reconsider, because what it was asked to

1 Rollo, pp. 3-37.

VOL. 428, APRIL 28, 2004 287

appeal under Rule 45 of the Rules of Court, for a conclusive

The Antecedent Proceedings

On January 28, 2003, SJS filed a Petition for Declaratory

constitutionality of the acts of religious leaders endorsing a

“x x x. Bro. Eddie Villanueva submitted, within the original period

288 SUPREME COURT REPORTS ANNOTATED

9 Assailed Decision, pp. 2-3; Rollo, pp. 40-41.

VOL. 428, APRIL 28, 2004 289

other parties—impleaded as respondents in the original

In his Petition, Brother Mike Velarde submits the following

“1. Whether or not the Decision dated 12 June 2003

During the Oral Argument, the issues were narrowed down

“A. Procedural Issues

“Did the Petition for Declaratory Relief raise a justiciable

“B. Substantive Issues

14 Atty. Joselito Guianan Chan argued for Petitioner Velarde; Atty.

290 SUPREME COURT REPORTS ANNOTATED

The Court’s Ruling

The Petition of Brother Mike Velarde is meritorious.

Section 1 of Rule 63 of the Rules of Court, which deals with

“Section 1. Who may file petition.—Any person interested under a

Based on the foregoing, an action for declaratory relief

VOL. 428, APRIL 28, 2004 291

Indeed, SJS merely speculated or anticipated without

292 SUPREME COURT REPORTS ANNOTATED

respondents below had endorsed or threatened to endorse a

elective candidates for political offices violated the

21 Petition for Declaratory Relief, p. 4; Rollo, p. 273.

VOL. 428, APRIL 28, 2004 293

(1) a right in favor of the plaintiff; (2) an obligation on the

25 PACU v. Sec. of Education, 97 Phil. 806, October 31, 1955; People

294 SUPREME COURT REPORTS ANNOTATED

dant’s act or omission that is violative of the right of the

the interest must be material to the issue and affected by

29 Parañaque Kings Enterprises, Incorporated v. Court of Appeals, 335

VOL. 428, APRIL 28, 2004 295

guiding [their] future conduct, and the essential distinction

35 Comment, p. 3; Rollo, p. 151.

296 SUPREME COURT REPORTS ANNOTATED