Joya vs PCGG

Fact: The case is about an appeal from the petitioners who seek to
enjoin PCGG from proceeding with the auction sale which was
scheduled on January 11, 2009 by Christie’s of New York of the Old
Masters Paintings and 18th ad 19th century silvery seized from the
Malacanang and Metropolitan Museum of Manila.
Issue: WON this appeal is subject for judicial review
Held: The issue failed to comply with the requisites for a judicial review.
On the first requisite (the issue must be raised by a proper party),the
petitioners had no legal standing since they do not have personal and
substantial interest in the case which would sustain direct injury from the
government act. The petitioners’ claim that they have legal personality in
the case as they are acting in public duty to conserve the artistic
creations as mandated by Sec 14-18 Art XIV of the Constitution is not
applicable because the ownership of the paintings belongs to
Metropolitan Museum Foundation of Manila Foundation which came
from different private persons as donations to the foundation. Also,
petitioners’ claim as a taxpayer cannot prosper as they are not
questioning the disbursement or expenditure involving the public funds
but the disposition on what they alleged as public properties. On the
second requisite, the claim that the issue will establish future guiding
principles on the preservation of the nation’s priceless artistic and
cultural possessions for the benefit of the public warrants no merit. The
court noted the certification issued by the Director of Museum that the
items subject in this case were not protected cultural properties and are
not listed in the Cultural Properties Register of the National Museum
making the moot.

Ruling: Dismissed.