- Soriano v. Estrada
- G.R. Nos. 146528, 146549, 146579 & 146631 (Resolution)
- Decision Date
G.R. No. 146528. February 6, 2001.
JAIME N. SORIANO, PHILIP EMMANUEL C. PENAFLOR, CESAR B. CHAEZ, SAL G. DUMABOK, SAMUEL JULIUS B. GARCIA, SANDRA P. TORRES YAP, CHERRIE B. BEL MONTE, MARIO S. ARAOS, RODYLYN TINGZON-MANZANO, FIDELINO A. AUSTRIA, ANGELITO M. VILLANUEVA, ISABELO M. BANEZ III, PAUL Y. CHUA and CESAR C. VILLARIBA all officers and members of the Movement for National Security Advancement (MNSA), vs. JOSEPH EJERCITO ESTRADA.
G.R. No. 146549. February 6, 2001.
IN THE MATTER OF THE DECLARATION OF HER EXCELLENCY, GLORIA MACAPAGAL-ARROYO AS THE CONSTITUTIONALLY INSTITUTED 14TH PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES; EDUARDO B. INLAYO, petitioner.
G.R. No. 146579. February 6, 2001.
In re: Concerned Citizens for Effective and Responsible Government, Inc., SULONGBAYAN MOVEMENT FOUNDATION, INC. INSTITUTE OF CONTINUING LEGAL STUDIES AND EDUCATION, INC., ELISEO P. OCAMPO, EDITHA A. SANTOS, and ARMANDO A. RICARTE, JR, Petitioners.
G.R. No. 146631. February 6, 2001.
OLIVER O. LOZANO v. GLORIA MACAPAGAL-ARROYO
R E S O L U T I O N
Before us are four Petitions pertaining to the oath-taking of Her Excellency, Gloria Macapagal-Arroyo as President of the Philippines. Because they involve the same subject matter, they are hereby consolidated.
In GR No. 146528, the Petition asks the Court to enjoin Joseph Ejercito Estrada "from exercising the powers and authority of the President under the Constitution" and "to yield the Presidency to his constitutional successor, Gloria Macapagal-Arroyo."
In GR No. 146549, petitioner prays that the Court declare that "the occupation of the Office of the President of the Philippines by Vice President Gloria Macapagal-Arroyo is constitutional and legal with the full support of the Filipino people and other foreign countries.'
In GR No. 146579, the Petition asks the Court to issue a "definitive ruling on whether or not Joseph Estrada is still the President" and, hence. "exempt from all criminal suits." STECDc
In GR No. 146631, the Petition prays "that the proclamation and oath-taking of Madame Arroyo . . . be declared null and void . . ." or that she be "declared acting President and President Joseph Ejercito Estrada, President-on-leave . . ."
All four Petitions are plainly without merit.
First, the four Petitions are essentially for declaratory relief, over which the Supreme Court has no original jurisdiction. Under Section 19 of
Although the Petition in GR No. 146528 labels itself as a "Petition for Prohibition and Mandamus," it fails to allege, much less show, lack or excess of jurisdiction, or grave abuse of jurisdiction on the part of "any tribunal, corporation, board, officer or person whether exercising judicial, quasi-judicial or ministerial functions," which Rule 65 of the
Second, petitioners have no legal standing to file the suits. They have now shown any direct and personal injury as a result of President Arroyo's oath-taking. Specifically, Petitioner Lozano's alleged interest as a taxpayer is far too detached from the ultimate objective of his Petition: nullify the oath-taking of Arroyo and declare Estrada as "President-on-leave." The other petitioners have not even alleged, not to say shown, any prima facie legal interest to qualify them as proper parties. Kibitzers, however well-meaning, have no locus standi.
Third, none of the Petitions can be treated as actions for quo warranto. Under Rule 66 of the
At bottom, the Court stands by its Resolution in AM No. 01-1-05 SC, promulgated on 22 January 2001, which reads as follows:
"A.M. No. 01-1-05-SC.-In re: Request of Vice President Gloria Macapagal-Arroyo to take her Oath of Office as President of the Republic of the Philippines before the Chief Justice.-Acting on the urgent request of Vice President Gloria Macapagal-Arroyo to be sworn in as President of the Republic of the Philippines, addressed to the Chief Justice and confirmed by a letter to the Court, dated January 20, 2001, which request was treated as an administrative matter, the Court resolved unanimously to CONFIRM the authority given by the twelve (12) members of the Court then present to the Chief Justice on January 20, 2001 to administer the Oath of Office to Vice President Gloria Macapagal-Arroyo as President of the Philippines, at noon of January 20, 2001.
"This Resolution is without prejudice to the disposition of any justiciable case which be filed by a proper party."
Clearly, the herein Petitions have miserably failed to present justiciable controversies brought by the proper parties to deserve further considerations by this Court.
WHEREFORE, the Petitions are DISMISSED for utter lack of merit.
1. Sundiang v. Estrada and the Philippine Senate, GR No. 146131, January 16, 2001; , 21 SCRA 837, November 10, 1967; , 102 SCRA 794, February 20, 1981.
2. , 124 SCRA 1, August 3, 1983.
3. See , 246 SCRA 540, 562-563, July 17, 1995; GR No. 133064, September 16, 1999.