Tan v.

Macapagal

Petition for declaratory relief as taxpayers an in behalf of the Filipino people.

The petitioners seeks for the court to declare that the deliberating Constitutional Convention was "without power,
under Section 1, Article XV of the Constitution and Republic Act 6132, to consider, discuss and adopt proposals which
seek to revise the present Constitution through the adoption of a form of a government other than the form now
outlined in the present Constitution [the Convention being] merely empowered to propose improvements to the
present Constitution without altering the general plan laid down therein."

Issues:

WON the petitioners has locus standi

WON the court has jurisdiction over the case

Held:

1. NO.

Justice Laurel: "The unchallenged rule is that the person who impugns the validity of a statute must have a personal and
substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement."

Pascual v. The Secretary of Public Works: validity of a statute may be contested only by one who will sustain a direct
injury, in consequence of its enforcement.

Taxpayers only have standing on laws providing for the disbursement of public funds.

“Expenditure of public funds, by an officer of the State for the purpose of administering an unconstitutional act
constitutes a misapplication of such funds,' which may be enjoined at the request of a taxpayer."

2. NO.

At the time the case was filed the Con-Con has not yet finalized any resolution that would radically alter the 1935
constitution therefore not yet ripe for judicial review. The case becomes ripe when the Con-Con has actually does
something already. Then the court may actually inquire into the jurisdiction of the body.

Separation of power departments should be left alone to do duties as they see fit. The Executive and the Legislature are
not bound to ask for advice in carrying out their duties, judiciary may not interfere so that it may fulfil its duties well. The
court may not interfere until the proper time comes “ripeness”