Pascual v. Secretary of Public Works Digest

G.R. No. L-10405 December 29, 1960
Ponente: Concepcion, J.

Legal Standing

Facts:
1. Petitioner was the governor of Rizal, filed a petition assailing the validity of R.A. 920 which contains an item providing for an appropriation of P85,000.00 for the construction and repair of a feeder road in Pasig. The said law was passed in Congress and approved by the President.

2. The property over which the feeder road will be constructed is however owned by Sen. Zulueta. The property was to be donated to the local government, though the donation was made a few months after the appropriation was included in RA 920. The petition alleged that the said planned feeder road would relieve Zulueta the responsibility of improving the road which is inside a private subdivision.

3. The lower court (RTC) ruled that the petitioner has standing to assail the validity of RA 920, due to the public interest involved in the appropriation. However, he does not have a standing with respect to the donation since he does not have an interest that will be injured by said donation, hence it dismissed the petition.

Issue: Whether or not the petitioner has the standing to file the petition

YES.

1. Petitioner has standing. He is not merely a taxpayer but the governor of the province of Rizal which is considered one of the most populated biggest provinces during that time, its taxpayers bear a substantial portion of the burden of taxation in the country.

2. Public funds can only be appropriated for a public purpose. The test of the constitutionality of a statute requiring the use of public funds is whether it is used to promote public interest. Moreover, the validity of a stature depends on the powers of the Congress at the time of its passage or approval, not upon events occurring, or acts performed subsequent thereto, unless it is an amendment of the organic law.