Aristoza

CONSTITUTIONAL LAW 1
Automotive Industry Workers Alliance (AIWA) v Romulo
January 18, 2005
THE CASE:
PONENTE: Chico-Nazario, J.
PETITIONERS:
RESPONDENTS:
PROVISIONS APPLICABLE:
doctrine of qualified political agency- department secretaries are alter
egos or assistants of the President and their acts are presumed to be those
of the latter unless disapproved or reprobated by him
FACTS:
 Petitioners (10 labor unions) call to declare an EO unconstitutional as it
violates separation of powers
 EO 185: transferred administrative supervision over National Labor
Relations Commission (NLRC), regional branches, and personnel from
NLRC Chairperson to Sec. of Labor and Employment
 Petitioners assert that EO 185 amended the law (reverting NLRC state to
pre-RA 6715 set-up), a power only the Congress has
 Respondents
1.1. there is no actual controversy as petitioners have not stated how
EO 185 can prejudice/harm their rights
1.2. petitioners have no standing: (a) they are not taxpayers as labor
unions are exempt from paying taxes (Tax Reform Act of 1997)
and (b) even if they were taxpayers, EO 185 would require no
additional appropriation for implementation
1.3. president, under Art. 7 Sec. 17, has the power to oversee NLRC
operations through their alter ego Sec. of Labor, pursuant to the
doctrine of qualified political agency
1.1. NLRC personnel who will be subjected to Sec’s authority have
direct and specific interest
1.2. Congress can claim injury in the encroachment of their
legislative function.
2. No. EO 185 is limited to the departments it addresses; only relations
created is between the official issuing it and those receiving it
Olsen v Herstein and Rafferty
“…executive order can be considered nothing more or less than a
command from a superior to an inferior”
In this matter, it is administrative in nature: an attempt to make more
efficient and economical operations of the departments.
 hence, no right of 3rd parties are created nor affected.
Because of its limited reach, Court has ruled that is not one of those
exceptional occasions where Court can exercise judicial review.
Reynato Puno, dissent, Kilosbayan case:
Ratio for locus standi: to ensure that a vigorous adversary
presentation of the case is at hand; go to the essence of
representative democracies- to warrant the judiciary’s overruling the
determination of a coordinate, democratically elected organ of
government; economic reasons- to open doors to all types of suits
will result in ineffective dispensers of justice
RULING
WHEREFORE, premises considered, the instant petition dated 27 March
2003 is hereby DISMISSED for lack of merit. No costs.
SO ORDERED.

ISSUES
1. WoN petitioners have locus standi
2. WoN there is an issue of transcendental importance so as locus
standi can be set aside

HELD/RATIONALE
1. No. Petitioners have not shown that they will sustain injury should
EO 185 be enacted. Their rights are not affected as Sec. of Labor
has no power to revise or modify NLRC decisions. As taxpayers, no
additional appropriation will spring from enactment of EO.