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170649-2015-In Re Supreme Court Judicial Independence V.20210424-12-1753i9e
170649-2015-In Re Supreme Court Judicial Independence V.20210424-12-1753i9e
RESOLUTION
LEONEN, J : p
This case involves the proposed bills abolishing the Judiciary Development
Fund 1 and replacing it with the "Judiciary Support Fund." Funds collected from
the proposed Judiciary Support Fund shall be remitted to the national treasury
and Congress shall determine how the funds will be used. 2
This matter was raised to this court through the letter 4 dated August 27,
2014, signed by Mijares and addressed to the Chief Justice and the Associate
Justices of the Supreme Court. The letter is captioned:
Petition for Mandamus with Manifestation to invoke the Judicial
Independence and Fiscal Autonomy as mandated under the
Constitution. 5
The letter was referred to the Clerk of Court En Banc for appropriate
action. 6 It was then docketed as UDK-15143. 7
In the letter-petition, Mijares alleges that he is "a Filipino citizen, and a
concerned taxpayer[.]" 8 He filed this petition as part of his "continuing crusade
to defend and uphold the Constitution" 9 because he believes in the rule of law.
10 He is concerned about the threats against the judiciary after this court
We believe that the majority of you, like us, want only the best
for the Filipino people. To the honorable justices of the Supreme Court:
Help us help our countrymen. We ask that you review your decision,
this time taking into consideration the points I have raised tonight. The
nation hopes for your careful deliberation and response. And I hope
that once you've examined the arguments I will submit, regarding the
law and about our economy, solidarity will ensue — thus strengthening
the entire government's capability to push for the interests of the
nation. 15
The issue for resolution is whether petitioner Rolly Mijares has sufficiently
shown grounds for this court to grant the petition and issue a writ of
mandamus.
Petitioner argues that Congress "gravely abused its discretion with a
blatant usurpation of judicial independence and fiscal autonomy of the Supreme
Court." 16
Petitioner points out that Congress is exercising its power "in an arbitrary
and despotic manner by reason of passion or personal hostility by abolishing
the 'Judiciary Development Fund' (JDF) of the Supreme Court." 17
With regard to his prayer for the issuance of the writ ofmandamus,
petitioner avers that Congress should not act as "wreckers of the law" 18 by
threatening "to clip the powers of the High Tribunal[.]" 19 Congress committed a
"blunder of monumental proportions" 20 when it reduced the judiciary's 2015
budget. 21
Petitioner prays that this court exercise its powers to "REVOKE/ABROGATE
and EXPUNGE whatever irreconcilable contravention of existing laws affecting
the judicial independence and fiscal autonomy as mandated under the
Constitution to better serve public interest and general welfare of the people."
22
(2) the person challenging the act must have the standing to question
the validity of the subject act or issuance; otherwise stated, he
must have a personal and substantial interest in the case such
that he has sustained, or will sustain, direct injury as a result of
its enforcement;
(4) the issue of constitutionality must be the very lis mota of the case.
23
Petitioner's failure to comply with the first two requisites warrants the
outright dismissal of this petition.
I
The petition does not comply with the requisites of judicial review
No actual case or controversy
Article VIII, Section 1 of the Constitution provides that:
ARTICLE VIII
Judicial Department
One of the requirements for this court to exercise its power of judicial
review is the existence of an actual controversy. This means that there must be
"an existing case or controversy that is appropriate or ripe for determination,
not conjectural or anticipatory, lest the decision of the court would amount to
an advisory opinion." 24 As emphasized by this court in Information Technology
Foundation of the Phils. v. Commission on Elections: 25
It is well-established in this jurisdiction that ". . . for a court to
exercise its power of adjudication, there must be an actual case or
controversy one which involves a conflict of legal rights, an assertion of
opposite legal claims susceptible of judicial resolution; the case must
not be moot or academic or based on extra-legal or other similar
considerations not cognizable by a court of justice. . . . [C]ourts do not
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sit to adjudicate mere academic questions to satisfy scholarly interest,
however intellectually challenging." The controversy must be
justiciable definite and concrete, touching on the legal relations of
parties having adverse legal interests. In other words, the pleadings
must show an active antagonistic assertion of a legal right, on the one
hand, and a denial thereof on the other; that is, it must concern a real
and not a merely theoretical question or issue. There ought to be an
actual and substantial controversy admitting of specific relief through a
decree conclusive in nature, as distinguished from an opinion advising
what the law would be upon a hypothetical state of facts. 26
Petitioner's allegations show that he wants this court to strike down the
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proposed bills abolishing the Judiciary Development Fund. This court, however,
must act only within its powers granted under the Constitution. This court is not
empowered to review proposed bills because a bill is not a law.
Montesclaros v. COMELEC 30 involved the postponement of the 2002
Sangguniang Kabataan Elections and the lowering of the age requirement in
the Sangguniang Kabataan "to at least 15 but not more than 18 years of age."
31 Montesclaros and other parties filed a petition for certiorari , prohibition, and
None of the determinants in Francisco are present in this case. The events
feared by petitioner are merely speculative and conjectural.
In addition to the determinants in Francisco , it must also be shown that
there is a clear or imminent threat to fundamental rights. In an opinion in
Imbong v. Ochoa: 43
The Responsible Parenthood and Reproductive Health Act of
2012 should not be declared unconstitutional in whole or in any of its
parts given the petitions filed in this case.
None of the petitions properly present an "actual case or
controversy," which deserves the exercise of our awesome power of
judicial review. It is our duty not to rule on the abstract and speculative
issues barren of actual facts. These consolidated petitions, which
contain bare allegations, do not provide the proper venue to decide on
fundamental issues. The law in question is needed social legislation.
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That we rule on these special civil actions for certiorari and
prohibition — which amounts to a pre-enforcement free-wheeling facial
review of the statute and the implementing rules and regulations is
very bad precedent. The issues are far from justiciable. Petitioners
claim in their class suits that they entirely represent a whole religion,
the Filipino nation and, worse, all the unborn. The intervenors also
claim the same representation: Filipinos and Catholics. Many of the
petitions also sue the President of the Republic.
We should apply our rules rigorously and dismiss these cases.
The transcendental importance of the issues they want us to decide will
be better served when we wait for the proper cases with the proper
parties suffering real, actual or more imminent injury. There is no
showing of an injury so great and so imminent that we cannot wait for
these cases. 44 (Emphasis supplied)
The events feared by petitioner are contingent on the passing of the
proposed bill in Congress. The threat of imminent injury is not yet manifest
since there is no guarantee that the bill will even be passed into law. There is
no transcendental interest in this case to justify the relaxation of technical
rules.
II
Requisites for the issuance of a writ of mandamus not shown
Rule 65, Section 3 of the 1997 Rules of Civil Procedure provides that:
Rule 65
CERTIORARI, PROHIBITION AND MANDAMUS
The writ of mandamus will issue when the act sought to be performed is
ministerial. 45 An act is ministerial when it does not require the exercise of
judgment and the act is performed in compliance with a legal mandate. 46 In a
petition for mandamus, the burden of proof is on petitioner to show that one is
entitled to the performance of a legal right and that respondent has a
corresponding duty to perform the act. 47 Mandamus will not lie "to compel an
official to do anything which is not his duty to do or which it is his duty not to
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do, or to give to the applicant anything to which he is not entitled by law." 48
In this case, petitioner has not shown how he is entitled to the relief
prayed for. Hence, this court cannot be compelled to exercise its power of
judicial review since there is no actual case or controversy.
Final note
The judiciary is the weakest branch of government. It is true that courts
have power to declare what law is given a set of facts, but it does not have an
army to enforce its writs. Courts do not have the power of the purse. "Except
for a constitutional provision that requires that the budget of the judiciary
should not go below the appropriation for the previous year, it is beholden to
the Congress depending on how low the budget is." 49
Despite being the third co-equal branch of the government, the judiciary
enjoys less than 1% 50 of the total budget for the national government.
Specifically, it was a mere 0.82% in 2014, 51 0.85% in 2013, 52 0.83% in 2012,
53 and 0.83% in 2011. 54
Number of Courts
––––––––––––––––––– x MOOE
Total Number of Courts
––––––––––––––––––––––––––––––––––––––––––––– / 12
Number of Courts
Courts, therefore, must also be accountable with their own budget. The
Judiciary Development Fund, used to augment the expenses of the judiciary, is
regularly accounted for by this court on a quarterly basis. The financial reports
are readily available at the Supreme Court website. 64
These funds, however, are still not enough to meet the expenses of lower
courts and guarantee credible compensation for their personnel. The reality is
that halls of justice exist because we rely on the generosity of local government
units that provide additional subsidy to our judges. 65 If not, the budget for the
construction, repair, and rehabilitation of halls of justice is with the Department
of Justice. 66
Footnotes
* On official leave.
1. Pres. Decree No. 1949 (1984), otherwise known as Establishing a Judiciary
Development Fund and for Other Purposes.
2. Carmela Fonbuena, House vs. SC? Aquino allies target judicial fund, July 15,
2014 <http://www.rappler.com/nation/63378-congress-judiciary-
development-fund> (visited January 20, 2015); Jess Diaz, Another House bill
filed vs. JDF, July 17, 2014
<http://www.philstar.com/headlines/2014/07/17/1347045/another-house-bill-
filed-vs-jdf> (visited January 20, 2015).
3. Rollo , p. 8.
4. Id. at 3-10.
5. Id. at 3.
6. Id. at 2.
7. Id. at 3.
8. Id.
9. Id.
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10. Id.
11. Belgica v. Ochoa, G.R. Nos. 208566, et al., November 19, 2013, 710 SCRA 1
[Per J. Perlas-Bernabe, En Banc].
12. Araullo v. Aquino , G.R. No. 209287, July 1, 2014
<http://sc.judiciary.gov.ph/jurisprudence/2014/july2014/209287.pdf> [Per J.
Bersamin, En Banc].
13. Carmela Fonbuena, House vs. SC? Aquino allies target judicial fund, July 15,
2014 <http://www.rappler.com/nation/63378-congress-judiciary-
development-fund> (visited January 20, 2015).
14. Id.
15. [English] National Address of President Aquino on the Supreme Court's decision
on DAP, July 14, 2014 <http://www.gov.ph/2014/07/14/english-national-
address-of-president-aquino-on-the-supreme-courts-decision-on-dap/>
(visited October 13, 2014). The message was originally delivered in Filipino.
16. Rollo , p. 6.
17. Id. at 7.
18. Id.
19. Id.
20. Id. at 8.
21. Id.
22. Id. at 9.
23. Biraogo v. The Philippine Truth Commission of 2010 , 651 Phil. 374, 438 (2010)
[Per J. Mendoza, En Banc], citing Senate of the Philippines v. Ermita, 522 Phil.
1, 27 (2006) [Per J. Carpio-Morales, En Banc] and Francisco v. House of
Representatives, 460 Phil. 830, 892 (2003) [Per J. Carpio-Morales, En Banc].
24. Southern Hemisphere Engagement Network, Inc. v. Anti-Terrorism Council, 646
Phil. 452, 479 (2010) [Per J. Carpio-Morales, En Banc], citing Republic
Telecommunications Holding, Inc. v. Santiago, 556 Phil. 83, 91-92 (2007) [Per
J. Tinga, Second Division].
25. 499 Phil. 281 (2005) [Per J. Panganiban, En Banc].
26. Id. at 304-305, citing Republic v. Tan, G.R. No. 145255, March 30, 2004, 426
SCRA 485, 492-493 [Per J. Carpio-Morales, Third Division], Aetna Life
Insurance Co. v. Hayworth, 300 U.S. 227 (1937), and Vide: De Lumen v.
Republic, 50 O.G. No. 2, 578 (February 1952).
27. J. Leonen, concurring opinion in Belgica v. Ochoa, G.R. No. 208566, November
19, 2013, 710 SCRA 1, 278-279 [Per J. Perlas-Bernabe, En Banc].
36. J. Leonen, dissenting and concurring opinion in Disini, Jr. v. Secretary of Justice,
G.R. No. 203335, February 18, 2014, 716 SCRA 237, 534 [Per J. Abad, En
Banc].
38. Id. at 755-757, citing Black's Law Dictionary, 6th Ed. 1991, p. 941, Salonga v.
Warner Barnes & Co., 88 Phil. 125, 131 (1951) [Per J. Bautista Angelo, En
Banc], People v. Vera, 65 Phil. 56, 89 (1937) [Per J. Laurel, En Banc], Custodio
v. President of the Senate, G.R. No. 117, November 7, 1945 (unreported),
Manila Race Horse Trainers' Association v. De la Fuente, G.R. No. 2947,
January 11, 1959 (unreported), Pascual v. Secretary of Public Works, 110
Phil. 331, 337 (1960) [Per J. Concepcion, En Banc], and Anti-Chinese League
of the Philippines v. Felix, 77 Phil. 1012, 1013 (1947) [Per J. Feria, En Banc].
39. Biraogo v. The Philippine Truth Commission of 2010 , 651 Phil. 374, 441 (2010)
[Per J. Mendoza, En Banc], citing Social Justice Society (SJS) v. Dangerous
Drugs Board and Philippine Drug Enforcement Agency (PDEA), 591 Phil. 393,
404 (2008) [Per J. Velasco, Jr., En Banc], Tatad v. Secretary of the
Department of Energy, 346 Phil. 321, 359 (1997) [Per J. Puno, En Banc], and
De Guia v. Commission on Elections, G.R. No. 104712, May 6, 1992, 208
SCRA 420, 422 [Per J. Bellosillo, En Banc].
42. J. Leonen, concurring and dissenting opinion in Social Justice Society (SJS)
Officers v. Lim, G.R. No. 187836, November 25, 2014
<http://sc.judiciary.gov.ph/pdf/web/viewer.html?
file=/jurisprudence/2014/november2014/187836_leonen.pdf> 34-35 [Per J.
Perez, En Banc].
46. Special People, Inc. Foundation v. Canda, G.R. No. 160932, January 14, 2013,
688 SCRA 403, 424 [Per J. Bersamin, First Division].
47. Id.
48. Uy Kiao Eng v. Nixon Lee, G.R. No. 176831, January 15, 2010, 610 SCRA 211,
217 [Per J. Nachura, Third Division]. See also University of San Agustin, Inc. v.
Court of Appeals, G.R. No. 100588, March 7, 1994, 230 SCRA 761 [Per J.
Nocon, Second Division].
49. Keynote speech by J. Leonen, General Membership of the Tax Management
Association of the Philippines, Inc., Mandarin Oriental Hotel, July 31, 2014.
50. The percentage is computed by dividing the total appropriations for the
department over the estimated total of the national budget.
51. See Rep. Act No. 10633, GAA Fiscal Year 2014, annex A, title XXIX, general
summary; President Aquino OKs P2.265T 2014 National Budget, December
20, 2013, <http://www.gov.ph/2013/12/20/president-aquino-oks-p2-265t-
2014-national-budget> (visited January 20, 2015).
52. See Rep. Act No. 10352, GAA Fiscal Year 2013, title XXIX, general summary;
2013 Budget Message of President Aquino, July 24, 2012
<http://www.dbm.gov.ph/?page_id=3692> (visited January 20, 2015).
53. See Rep. Act No. 10155, GAA Fiscal Year 2012, title XXIX, general summary;
2013 Budget Message of President Aquino, July 24, 2012
<http://www.dbm.gov.ph/?page_id=3692> (visited January 20, 2015).
54. See Rep. Act No. 10147, GAA Fiscal Year 2011, title XXIX, general summary;
The President's Budget Message, July 26, 2011 <http://www.dbm.gov.ph/?
page_id=779> (visited January 20, 2015).
55. Keynote speech by J. Leonen, General Membership of the Tax Management
Association of the Philippines, Inc., Mandarin Oriental Hotel, July 31, 2014.
56. Rep. Act No. 10633, GAA Fiscal Year 2014, title XXIX, sec. A, special provision 6.
57. These statistics came from the presentation of the judicial department during
the 2015 budget congressional hearing on September 9, 2014.
58. Rep. Act No. 10633, GAA Fiscal Year 2014, title I, sec. D.
59. Rep. Act No. 10352, GAA Fiscal Year 2013, title XXIX, sec. A.
60. Rep. Act No. 10633, GAA Fiscal Year 2014, title XXIX, sec. A. The judiciary,
however, was allocated a total of P174 million capital outlay for locally
funded projects.
61. CONST., art. VIII, sec. 3 provides:
Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the
Judiciary may not be reduced by the legislature below the amount
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appropriated for the previous year and, after approval, shall be automatically
and regularly released.
62. G.R. No. 103524, April 15, 1992, 208 SCRA 133, 150 [Per J. Gutierrez, Jr., En
Banc].
63. Id. at 150.
64. See Financial and Budget Accountability Reports of the Supreme Court of the
Philippines and the Lower Courts
<http://sc.judiciary.gov.ph/pio/accountabilityreports/> (visited January 20,
2015).
65. See LOCAL GOVT. CODE, title II, chap. 3, art. III, sec. 447 (a) (1) (xi), LOCAL
GOVT. CODE, title III, chap. 3, art. III, sec. 458 (a) (1) (xi), and LOCAL GOVT.
CODE, title IV, chap. 3, art. III, sec. 468 (a) (1) (xi).
66. See Admin. Order No. 99 (1988) and Re: Guidelines on the Occupancy, Use,
Operation and Maintenance of the Hall of Justice Buildings, A.M. No. 01-9-09-
SC, October 23, 2001 [Unsigned resolution, En Banc].