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.