ANAK MINDANAO PARTY-LIST GROUP v.

THE ES as a rule, will desist from taking cognizance of speculative or hypothetical

Augusr 29, 2007 | Carpio-Morales, J. | Art. VIII, Sec. 5 cases, advisory opinions and cases that have become moot.

PETITIONERS: ANAK MINDANAO PARTY-LIST GROUP, as represented by Rep. Mujiv

S. Hataman, and MAMALO DESCENDANTS ORGANIZATION, INC., as represented by its
FACTS:
Chairman Romy Pardi PGMA issued E.O. No. 364 entitled “TRANSFORMING THE DEPARTMENT OF
RESPONDENTS: THE EXECUTIVE SECRETARY, THE HON. EDUARDO R. ERMITA, AGRARIAN REFORM INTO THE DEPARTMENT OF LAND REFORM”. The
and THE SECRETARY OF AGRARIAN/LAND REFORM, THE HON. RENE C. VILLA pertinent provisions are as follows:
• Section 1. The Department of Agrarian Reform is hereby transformed into
SUMMARY: Petitioners Anak Mindanao Party-List Group (AMIN) and the Department of Land Reform. It shall be responsible for all land reform
Mamalo Descendants Organization, Inc. (MDOI) assail the constitutionality of in the country, including agrarian reform, urban land reform, and ancestral
E.O. Nos. 364 and 379 via the present Petition for Certiorari and Prohibition domain reform.
with prayer for injunctive relief. These presidential issuances transferred the • Section 2. PCUP is hereby placed under the supervision and control of the
Presidential Commission for Urban Poor (PCUP) under the control of the Dept. Department of Land Reform.
of Agrarian Reform (DAR) and transformed the National Commission on A month later, E.O. No. 379 amending E. O. No. 364 was issued. It provides:
Indigenous Peoples (NCIP) into an attached agency of the DAR. The SC found Section 3. The National Commission on Indigenous Peoples (NCIP) shall
that MDOI does not have locus standi to file the suit, because its alleged injury be an attached agency of the Department of Land Reform.
is too abstract to be judicially cognizable and it raised no issue of
transcendential importance to justify the relaxation of the rule on legal standing. The petitioners contend that the two presidential issuances are unconstitutional for
AMIN has locus standi as a member of the House of Representatives. The SC violating (1) the constitutional principles of separation of powers and of the rule of
ruled that the assailed EOs are constitutional. The President’s power of control law, (2) the constitutional scheme and policies for agrarian reform, urban land
justifies reorganization measures involving the administrative structure of the reform, indigenous peoples’ rights and ancestral domain, and (3) the constitutional
Office of the President. The presumption of constitutionality is upheld, for right of the people and their organizations to effective and reasonable participation in
AMIN failed to prove its ambiguous conclusion that the reorganization decision-making, including through adequate consultation
jeopardizes economic, social and cultural rights. The SC chose not to pass upon
political issues pertaining to the wisdom of the assailed EOs. The issue on the transformation of the Department of Agrarian Reform (DAR) into
the Department of Land Reform (DLR) became moot and academic, the department
DOCTRINE:
having reverted to its former name by virtue E.O. No. 456.
For a concerned party to be allowed to raise a constitutional question, it must
show that (1) it has personally suffered some actual or threatened injury as a
result of the allegedly illegal conduct of the government, (2) the injury is fairly AMIN argues that:
traceable to the challenged action, and (3) the injury is likely to be redressed by • Since the DAR, PCUP and NCIP were created by statutes, they can only be
a favorable action. To be accorded standing on the ground of transcendental transformed, merged or attached by statues, not by mere executive orders.
importance, Senate of the Philippines v. Ermita requires that the following • The Chief Executive’s broad power of control of all executive departments,
elements must be established: following elements must be established: (1) the bureaus, and offices including the power to reorganize is qualified and
public character of the funds or other assets involved in the case, (2) the limited, for it cannoot be exercised in a manner contrary to law.
presence of a clear case of disregard of a constitutional or statutory prohibition Among others, the OSG contends that the President saw it fit to streamline the
by the public respondent agency or instrumentality of government, and (3) the agencies so as not to hinder the delivery of crucial social reforms.
lack of any other party with a more direct and specific interest in raising the
questions being raised. Francisco, Jr. v. Fernando declares that the ISSUE/s:
transcendental importance of the issues raised must relate to the merits of the 1. WoN the petitioners have locus standi – AMIN, YES. MDOI, NO.
petition. 2. WoN it is legal to place the PCUP under the supervision and control of the
DAR, and the NCIP under the DAR as an attached agency – YES
Courts have no judicial power to review cases involving political questions and,
RULING: Petition is DISMISSED. E.O. Nos. 364 and 379 are declared
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constitutional. ISSUE #2
On questions of constitutionality
RATIO: Constitution’s express grant of the power of control in the President justifies an
ISSUE #1 executive action to carry out reorganization measures under a broad authority of law.
AMIN’s Locus Standi (OSG concedes that AMIN has legal standing) In enacting a statute, the legislature is presumed to have deliberated with full
• AMIN (party-list): An act of the Executive which injures the institution of knowledge of all existing laws and jurisprudence on the subject. It is thus reasonable
Congress causes a derivative but nonetheless substantial injury, which can
to conclude that in passing a statute which places an agency under the Office of the
be questioned by a member of Congress.
• Held: A member of the HoR has standing to maintain inviolate the President, it was in accordance with existing laws and jurisprudence on the
prerogatives, powers and privileges vested by the Constitution in his office. President’s power to reorganize. The power of control may justify the President to
deactivate the functions of a particular office, or a law may expressly grant the
MDOI’s Locus Standi President the broad authority to carry out reorganization measures. One such law is
(Questioned by the OSG. MDOI is a registered people’s organization of Teduray and the Administrative Code of 1987, which provides that the President, subject to the
Lambangian tribesfold of Maguindanao.) policy in the Executive Office and in order to achieve simplicity, economy and
• MDOI: It is concerned with the negative impact of NCIP’s becoming an
efficiency, shall have continuing authority to reorganize the administrative structure
attached agency of the DAR on the processing of ancestral domain claims.
It fears that transferring the NCIP to the DAR would affect the processing of the Office of the President. This expressly includes transferring any agency under
of ancestral domain claims filed by its members. the Office of the President to any other department or agency as well as transferring
• Held: Claims of “negative impact” and “probable setbacks” are too agencies to the Office of the President from other departments or agencies. Against
abstract to be considered judicially cognizable. And the line of causation these guidelines, the challenged executive orders may not be said to have been
it submits between the challenged action and alleged injury is too weak. issued with grave abuse of discretion or in violation of the rule of law.
Vague propositions that the implementation of the assailed orders will work
injustice and violate the rights of its members cannot clothe MDOI with the A law has in its favor the presumption of constitutionality. For it to be nullified, it
requisite standing. Neither would its status as a “people’s organization” vest must be shown that there is a clear and unequivocal breach of the Constitution. The
it with the legal standing to assail the validity of the executive orders. ground for nullity must be clear and beyond reasonable doubt. AMIN glaringly
For a concerned party to be allowed to raise a constitutional question, it must show failed to show how the reorganization by executive fiat would hamper the
that (1) it has personally suffered some actual or threatened injury as a result of the exercise of citizen’s rights and privileges. It rested on the ambiguous conclusion
allegedly illegal conduct of the government, (2) the injury is fairly traceable to the that the reorganization jeopardizes economic, social and cultural rights. AMIN has
challenged action, and (3) the injury is likely to be redressed by a favorable action. not shown that by placing the NCIP as an attached agency of the DAR, the
MDOI also raised no issue of transcendential importance to justify the President altered the nature and dynamics of the jurisdiction and adjudicatory
relaxation of the rule on legal standing. To be accorded standing on the ground of functions of the NCIP concerning all claims and disputes involving rights of
transcendental importance, Senate of the Philippines v. Ermita requires that the indigenous cultural communities and indigenous peoples. Nor has it been shown,
following elements must be established: following elements must be established: (1) nay alleged, that the reorganization was made in bad faith.
the public character of the funds or other assets involved in the case, (2) the presence
of a clear case of disregard of a constitutional or statutory prohibition by the public On political questions – not within the power of judicial review
respondent agency or instrumentality of government, and (3) the lack of any other As for the other arguments raised by AMIN which pertain to the wisdom or
party with a more direct and specific interest in raising the questions being raised. soundness of the executive decision, the Court finds it unnecessary to pass upon
Francisco, Jr. v. Fernando more specifically declares that the transcendental them. Courts have no judicial power to review cases involving political questions
importance of the issues raised must relate to the merits of the petition. and, as a rule, will desist from taking cognizance of speculative or hypothetical
cases, advisory opinions and cases that have become moot.

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