Holy Spirit v.

Defensor
G.R. No. 163980
August 3, 2006
Sec. 5 Art. 7 of the Constitution: On the powers of Judicial Review of the
Supreme Court with regards to legal standing, specifically on the legal standing
of an association.
FACTS:
The Petitioner Holy Spirit Homeowners Association, Inc is a homeowners
association located at the West Side of the National Government Center(NGC).
Petitioner filed an instant petition for prohibition under Rule 65 of the 1997
Rules of Civil Procedure, with prayer for the issuance of a temporary restraining
order and/or writ of preliminary injunction against NGC in order to prevent
respondents from enforcing the Implementing Rule and Regulations of RA 9207
also known as the "National Government Center (NGC) Housing and Land
Utilization Act of 2003." Their Petition was filed at the Supreme Court. Prior to
the passage of RA 9207, there was already a number of presidential issuances
which authorized the creation and development of what is now known as the
NGC. That On May 14,2003, President Gloria Macapagal-Arroyo signed into law
R.A. No. 9207. That in accordance with Section 5 of RA9207 the committee
formulated the Implementing Rules and Regulations which the petitioners are
assailing in their instant petition.
ISSUE:
1.
Whether or not Holy Spirit Homeowners Association, Inc has locus standi
to file the instant petition.
2.
Whether or not Holy Spirit Homeowners Association, Inc had filed for an
improper remedy in violation of the Doctrine of Hierarchy of Courts.
HELD:
1.
Yes, The Court held that the Holy Spirit Homeowners Association, Inc has
locus standi to file the case. As an association they represent their individual
members, who are residents of the NGC. As such they stand to be either
benefitted or injured by the enforcement of the IRR. Although under sec 3.1
(b2) refers only to the NGC east side, the rest of the assailed provisions, such
as sec 3.1(a4), 3.2(a1) and 3.2(c1) refers to the disposition of lots in the NGC
west side.
2.
Yes, The Court held that the Holy Spirit Homeowners Association, Inc had
file an improper remedy which will warrant the dismissal of the instant petition.
Due to the fact that the IRR was done in pursuant to its quasi-legislative
function, since what is assailed is the validity or constitutionality of an IRR

issued by an administrative agency. It must therefore be follow the Doctrine of

Hierarchy of Courts there being no compelling reasons presented by the
petitioners that can compel the courts to take cognizance of the case in its first
instance. As such they should have filed the case in the RTC such failure to do
so causes the instant petition to be dismissed for violation of the Doctrine of
Hierarchy of Courts.