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    Joya Vs PCGG - Case Digest

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    Joanna Cusi
    This case involves a petition filed by citizens seeking to enjoin the PCGG from proceeding with an auction sale of paintings and silverware seized from the late President Marcos. The petitioners claimed the items were part of the country's artistic wealth and should be preserved under the Constitution. The Supreme Court ruled it had jurisdiction to review the case but that the petitioners lacked legal standing and failed to comply with other requisites for judicial review. Specifically, the items belonged to Marcos personally and the issues were moot since the auction already occurred. Furthermore, experts certified the items did not constitute protected cultural properties. Therefore, the court dismissed the petition for lack of merit.

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    Joya Vs PCGG - Case Digest

    Uploaded by

    Joanna Cusi
    805 views2 pages
    This case involves a petition filed by citizens seeking to enjoin the PCGG from proceeding with an auction sale of paintings and silverware seized from the late President Marcos. The petitioners claimed the items were part of the country's artistic wealth and should be preserved under the Constitution. The Supreme Court ruled it had jurisdiction to review the case but that the petitioners lacked legal standing and failed to comply with other requisites for judicial review. Specifically, the items belonged to Marcos personally and the issues were moot since the auction already occurred. Furthermore, experts certified the items did not constitute protected cultural properties. Therefore, the court dismissed the petition for lack of merit.

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    Joya vs PCGG_Case Digest

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    This case involves a petition filed by citizens seeking to enjoin the PCGG from proceeding with an auction sale of paintings and silverware seized from the late President Marcos. The petitioners claimed the items were part of the country's artistic wealth and should be preserved under the Constitution. The Supreme Court ruled it had jurisdiction to review the case but that the petitioners lacked legal standing and failed to comply with other requisites for judicial review. Specifically, the items belonged to Marcos personally and the issues were moot since the auction already occurred. Furthermore, experts certified the items did not constitute protected cultural properties. Therefore, the court dismissed the petition for lack of merit.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    805 views2 pages

    Joya Vs PCGG - Case Digest

    Uploaded by

    Joanna Cusi
    This case involves a petition filed by citizens seeking to enjoin the PCGG from proceeding with an auction sale of paintings and silverware seized from the late President Marcos. The petitioners claimed the items were part of the country's artistic wealth and should be preserved under the Constitution. The Supreme Court ruled it had jurisdiction to review the case but that the petitioners lacked legal standing and failed to comply with other requisites for judicial review. Specifically, the items belonged to Marcos personally and the issues were moot since the auction already occurred. Furthermore, experts certified the items did not constitute protected cultural properties. Therefore, the court dismissed the petition for lack of merit.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Joya v.

    PCGG
    225 SCRA 568 1993 | G.R. No. 96541

    FACTS:

     August 1990, Mateo A.T. Caparas, then Chairman of PCGG, wrote then President Corazon C.
    Aquino, requesting her for authority to sign the proposed Consignment Agreement between
    the Republic of the Philippines through PCGG and Christie, Manson and Woods
    International concerning the scheduled sale on 11 January 1991 of eighty-two (82) Old
    Masters Paintings and seventy-one (71) cartons antique silverware seized from
    Malacañ ang and the Metropolitan Museum of Manila alleged to be part of the ill-gotten
    wealth of the late President Marcos, his relatives and cronies

     COA through then Chairman Eufemio C. Domingo questioned the Consignment Agreement,
    stating that the agreement is in doubtful legality, highly disadvantageous to the government
    and that the items have cultural significance.

     Nevertheless, it proceeded as scheduled and the proceeds of $13,302,604.86 were turned


    over to the Bureau of Treasury.

     February 1991, Petitioners filed for Preliminary Injunction and/or Restraining Order seek
    to enjoin the Presidential Commission on Good Government (PCGG) from proceeding with
    the auction sale.

     Petitioners claim that as Filipino citizens, taxpayers and artists deeply concerned with the
    preservation and protection of the country's artistic wealth, they have the legal personality
    to restrain respondents from acting contrary to their public duty to conserve the artistic
    creations as mandated by the 1987 Constitution, particularly Art. XIV, Secs. 14 to 18, on Arts
    and Culture, and R.A. 4846 known as "The Cultural Properties Preservation and Protection
    Act,"

    ISSUE:

     WON the court can practice its juridical power to review and interpret the case
     WON whether petitioners have complied with the requisite to file for the review of court

    RULING:

     Court has jurisdiction to review and interpret cases if there is a question involving the
    constitutionality or validity of a law or governmental act and that petitioner must comply
    with the legal requisites for judicial inquiry
     Petitioners failed to comply with the requisites:
    o The petitioners have no legal standing to raise the question. The items involved are
    personal belongings/donation (of the Marcos couple) therefor the true owners are
    the proper party.
    o Given that there must be an actual controversy, which involves a conflict of legal
    rights and must be raised at the earliest possible opportunity. The issues raised by
    the petition long past the actual selling, which have become moot and academic:
    making it not cognizable by a court of justice.
    o The appeal that the items are protected due to their historical and cultural
    significance is also VOID as the National Museum Director himself, the who have
    acquired expertise because their jurisdiction is confined to specific matters, certified
    that not constitute protected cultural properties.
     Court finds no compelling reason to grant the petition. Petition DISMISSED due to lack of
    merit.

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