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Kilosbayan vs Morato; G.R. No. 118910; 17 Jul 1995; 246 SCRA 540

in Buhay L(aw)st Student by

FACTS: Petitioner seeks to declare the Equipment Lease Agreement (ELA) invalid on the ground that it was the same to the Contract of Lease, nullified in G.R. No. 113373. The amended ELA is inconsistent with and violative of PCSO’s charter and the decision of the Supreme Court on 05 May 1995. ISSUE(S): Whether or not petitioner possesses legal standing to file the instant suit. HELD: The ELA is essentially different from the 1993 Contract of Lease entered into by the PCSO and the PGMC. Hence, the determination of their locus standi to challenge the validity of the 1993 Contract of Lease…

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Tatad vs Secretary of DOE; G.R. No. 124360; 05 Nov 1997; 281 SCRA 330

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FACTS: Petitioner assails the constitutionality of various provisions of RA 8180 which deregulates the oil industry. Under the deregulated environment, any person or entity may import or purchase any quantity of crude oil and petroleum products from a foreign or domestic source, lease or own and operate refineries and other downstream oil facilities and market such crude oil or use the same for his own requirement, subject only to monitoring by the Department of Energy. ISSUE(S): Whether or not the petition raised a justiciable controversy. HELD: YES. Even a sideglance at the petition will reveal that petitioner have raised constitutional…

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Kilosbayan vs Guingona; G.R. No. 113375; 05 May 1994; 232 SCRA 110

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FACTS: Petitioners strongly opose the setting up of the online betting system on the basis of serious moral and ethical consideration. They submitted that the contract of lease violated Section 1 of RA 1169, as amended by BP Blg. 42. ISSUE(S): Whether or not petitioners have locus standi. HELD: YES. The Court finds the instant petition to be of transcendental importance to the public. The issue it raised is of paramount public interest and of a category even higher than those involved in many cases. The ramification of such issues immeasurably affect the social, economic, and moral well-being of the people.

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Board of Optometry vs Colet; G.R. No. 122241; 30 Jul 1996; 260 SCRA 88

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FACTS: Congress enacted RA 8050, regulating the practice of optometry education, integrated optometrists, among others. Respondents assailed the validity of the act on the grounds that it derogated the orderly procedure essential to the legislative process and vitiating legislative consent, violates the due process clause of the Constitution; violates the principle against undue delegation of legislative power; and in violation of the guarantee of freedom of speech and press. ISSUE(S): Whether or not there is a valid cause of action. HELD: NO. An actual case or controversy means an existing case or controversy that is appropriate or ripe for determination,…

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Mariano vs COMELEC; G.R. No. L-118577; 07 Mar 1995; 242 SCRA 211

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FACTS: Petitioners assail certain provisions of RA 7854, Section 51 on the ground that it attempts to alter or restart the “3-consecutive term” limit for local elective officials, disregarding the term previously served by them which collides with Section 8, Article X and Section 7, Article VI of the Constitution. ISSUE(S): Whether or not there is an actual case or controversy to challenge the constitutionality of the questioned provisions of RA 7854. HELD: The requirements before a litigant can challenge the constitutionality of a law are well delineated: there must be an actual case or controversy; the question of constitutionality…

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