Professional Documents
Culture Documents
2 Velarde vs. Social Justice Society
2 Velarde vs. Social Justice Society
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* EN BANC.
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285
PANGANIBAN, J.:
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preme Court. For the guidance of the bench and the bar,
the Court hereby discusses these forms, procedures and
requirements.
The Case
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Before us is a Petition for Review under Rule 45 of 2
the
Rules of Court, assailing
3
the June 12, 2003 Decision and
July 29, 2003 Order4 of the Regional Trial Court (RTC) of
Manila (Branch 49).
The challenged Decision
5
was the offshoot of a Petition
for Declaratory Relief filed before the RTCManila by
herein Respondent Social Justice Society (SJS) against
herein Petitioner Mariano “Mike” Z. Velarde, together with
His Eminence, Jaime Cardinal Sin, Executive Minister
Eraño Manalo, Brother Eddie Villanueva and Brother
Eliseo F. Soriano as corespondents. The Petition prayed
for the resolution of the question “whether or not the act of
a religious leader like any of herein respondents, in
endorsing the candidacy of a candidate for elective office or
in urging or requiring the members of his flock to vote for a
specified candidate, is violative6 of the letter or spirit of the
constitutional provisions x x x.”
Alleging that the questioned Decision did not contain a
statement of facts and a dispositive portion, herein
petitioner filed a Clarificatory Motion and Motion for
Reconsideration before the trial court. Soriano, his co
respondent, similarly filed a separate Motion for
Reconsideration. In response, the trial court issued the
assailed Order, which held as follows:
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7 Rollo, p. 54.
8 In particular, the following provisions of the Constitution were
mentioned in the SJS Petition:
“The separation of church and state shall be inviolable.” (§6 of Article II)
“The state shall promote social justice in all phases of national development.”
(§10, Article II)
“No law shall be made respecting an establishment of religion, or prohibiting
the free exercise thereof. The free exercise and enjoyment of religious profession
and worship, without discrimination or preference, shall forever be allowed. No
religious test shall be required for the exercise of civil or political rights.” (§5 of
Article III)
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The Issues
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“1. Did the RTC Decision conform to the form and substance
required by the Constitution, the law and the Rules of
Court?
“2. May religious leaders like herein petitioner, Bro. Mike
Velarde, be prohibited from endorsing candidates for
public office? Corollarily, may they be banned from
campaigning against said candidates?”
Procedural Issues:
Requisites of Petitions
for Declaratory Relief
16 Gozun v. Liangco, 339 SCRA 253, August 30, 2000; Vda. De Aviles v.
Court of Appeals, 264 SCRA 473, November 21, 1996.
17 Board of Optometry v. Colet, 260 SCRA 88, July 30, 1996; Gozun v.
Liangco, supra; citing Galarosa v. Valencia, 227 SCRA 728, 737, Novem
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Justiciable Controversy
Brother Mike Velarde contends that the SJS Petition failed
to allege, much less establish before the trial court, that
there existed a justiciable controversy or an adverse legal
interest between them; and that SJS had a legal right that
was being violated or threatened to be violated by
petitioner. On the contrary, Velarde alleges that SJS
premised its action on mere speculations, contingent
events, and hypothetical issues that had not yet ripened
into an actual controversy. Thus, its Petition for
Declaratory Relief must fail.
A justiciable controversy refers to an existing case or
controversy that is appropriate or ripe for judicial
determination,18
not one that is conjectural or merely
anticipatory. The SJS Petition for Declaratory Relief fell
short of this test. It miserably failed to allege an existing
controversy or dispute between the petitioner and the
named respondents therein. Further, the Petition did not
sufficiently state what specific legal right of the petitioner
was violated by the respondents therein; and what
particular act or acts of the latter were in breach of its
rights, the law or the Constitution.
As pointed
19
out by Brother Eliseo F. Soriano in his
Comment, what exactly has he done that merited the
attention of SJS? He confesses that he does not know the
answer, because the SJS Petition (as well as the assailed
Decision of the RTC) “yields nothing in this respect.” His
Eminence, Jaime Cardinal Sin, adds that, at the time SJS
filed its Petition on January 28, 2003, the election season
had not even started yet; and that, in any event, he has not
been actively involved in partisan politics.
An initiatory complaint or petition filed with the trial
court should contain “a plain, concise and direct statement
of the ultimate facts on which the party pleading relies for
20
his claim x x x.” Yet, the SJS Petition stated no ultimate
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his claim x x x.” Yet, the SJS Petition stated no ultimate
facts.
Indeed, SJS merely speculated or anticipated without
factual moorings that, as religious leaders, the petitioner
and his co
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ber 11, 1993; Office of the Ombudsman v. Judge Ibay, 364 SCRA 281,
September 3, 2001.
18 Board of Optometry v. Colet, supra.
19 Rollo, pp. 163175.
20 §1 of Rule 8 of the Rules of Court.
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“Whether or not the act of a religious leader, like any of herein respondents, in
endorsing the candidacy of a candidate for elective office or in urging or requiring
the members of his flock to vote for a specified candidate, is violative of the letter
or spirit of the constitutional provisions herein abovequoted.” (All capital letters in
the original)
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Cause of Action
Respondent SJS asserts that in order to maintain a
petition for declaratory relief, a cause of action need not be
alleged or proven. Supposedly, for such petition to prosper,
there need not be any violation of a right, breach of duty or
actual wrong committed by one party against the other.
Petitioner, on the other hand, argues that the subject
matter of an action for declaratory relief should be a deed,
a will, a contract (or other written instrument), a statute,
an executive order, a regulation or an ordinance. But the
subject matter of the SJS Petition is “the constitutionality
of an act of a religious leader to endorse the candidacy of a
candidate for elective office or to urge or require the 26
members of the flock to vote for a specified candidate.”
According to petitioner, this subject matter27
is “beyond the
realm of an action for declaratory relief.” Petitioner avers
that in the absence of a valid subject matter, the Petition
fails to state a cause of action and, hence, should have been
dismissed outright by the court a quo.
A cause of action is an act or an omission of one party in
violation of the legal 28right or rights of another, causing
injury to the latter. Its essential elements are the
following: (1) a right in favor of the plaintiff; (2) an
obligation on the part of the named defendant to respect or
not to violate such right; and (3) such defen
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Legal Standing
Legal standing or locus standi has been defined as a
personal and substantial interest in the case, such that the
party has sustained or37will sustain direct injury as a result
of the challenged act. Interest means a material interest
in issue that is affected by
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