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Facts:
-
Pet, Wenceslao Pascual is the Prov Gov of Rizal, appealed the decision of a Rizal CFI
Said Rizal CFI dismissed the abovementioned entitled case and dissolved the writ of
that were not yet constructed when the Act was passed
That they were within the Antonio Subdivision which is owned by Jose Zulueta,
a senator when the Act was passed and roads do not connect any
private subdivision"
in order to give a semblance of legality, respondent Zulueta, while still a
senator, executed an alleged deed of donation of his 4 parcels of land for the
feeder roads in favor of the PH govt. This is unconstitutional for violating the
provision of our fundamental law prohibiting members of Congress from being
directly
or
indirectly
financially
interested
in
any
contract
with
the
Government
the construction of said roads, to be undertaken with the aforementioned
appropriation of P85,000.00, would have the effect of relieving respondent
Zulueta of the burden of constructing his subdivision streets or roads at his
own expenses
Respondent moved to dismiss the petition on the ground that pet has no legal
capacity to sue and there was no cause of action:
o Provl Fiscal, not Provl Gov should represent the province of Rizal,
o
o
-
contract.
petitioner "has not shown that he has a personal and substantial interest" in
said Act and that its enforcement will cause him injury
CFI of Rizal dismissed the case, saying that the legality of said donation may not be
contested by petitioner herein, because his "interest are not directly affected."
However, the court ruled that:
o Prov. Gov of Rizal and Prov Fiscal both have the requisite personalities since
o
purpose
that the instructions and improvement of the feeder roads in question, if such
by the Consti since the purpose and cause are contrary to laws
However, appropriations should be upheld and case dismissed because pet is
not a party thereof and not affected thereof
Issues:
1.
2.
3.
4.
W/N
W/N
W/N
W/N
laws passed by Congress and approved by the Pres can be declared illegal
lawmakers can only appropriate pub funds for public purpose
validity of the donation cures the unconstitutionality of RA No. 920
RA No. 920 cannot be annulled without a declaration of unconstitutionality of the
donation
5. W/N Article 1421 of CC on non-suing of non-parties is absolute, and admits of no
exception.
Ruling:
1. They can be declared illegal, for the reason of the nature of the Government created
by the Consti and because of the principles of checks and balances. SC has refuted
by decisions illegal and unConstitutional laws
2. It is a general rule that the legislature is without power to appropriate public
revenue for anything but a public purpose.
o
The State exists primarily for the promotion of the general welfare.
3. No. GR: The validity of a statute depends upon the powers of Congress at
the time of its passage or approval, not upon events occurring, or acts
performed, subsequently thereto, EXC: The latter consists of an amendment of the
organic law, removing, with retrospective operation, the constitutional limitation
infringed by said statute.
o Legality of P85K appropriation depended upon whether said roads were
public or private property when passed by Congress, approved by Pres,
o
4. No. Inasmuch as the land on which the projected feeder roads were to be constructed
belonged then to respondent Zulueta, the result is that said appropriation sought
a private purpose, hence NULL and VOID. A judicial nullification of the donation
need not precede the declaration of unconstitutionality of said appropriation.
5. No. Article 1421 of our Civil Code, like many other statutory enactments, is subject to
exceptions. It is our considered opinion that the circumstances surrounding this case
sufficiently justify petitioners action in contesting the appropriation and donation in
question.
o
Like the petitioners in the Rodriguez and Barredo cases, petitioner herein is
not merely a taxpayer. He represents the Province of Rizal officially as its
Provincial Governor. Rizal is the most populated political subdivision, and the
taxpayers therein bear a substantial portion of the burden of taxation, in the
Philippines.