G.R. No. 79983 August 10, 1989
Ponente: Regalado, J.:
Facts:
1. A lease contract between the City of Dagupan and P & M Agro was executed for the use of a city lot called the Magsaysay Market Area. Subsequently, the City filed a case to rescind the contract due to the failure of P&M to comply with the lease contract conditions.
2. Thereafter, the City issued a resolution granting the lease of said lot to the petitioner Bugnay COnstruction for the establishment of a Magsaysay Market building. As a result, respondent Ravanzo filed a taxpayer's suit against the City assailing the validity of the lease contract between the petitioner and the city. Ravanzo was the counsel of P&M Agro in the earlier case.
Issue: Whether or not the respondent is the real party in interest
NO.
1. The Court held that the respondent has no standing to file the case. There was no disbursement of public funds involved in this case since it is the petitioner, a private party which will fund the planned construction of the market building.
Showing posts with label legal standing as taxpayer. Show all posts
Showing posts with label legal standing as taxpayer. Show all posts
Nov 9, 2012
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.
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.
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