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Liban Vs Gordon

1) Respondent filed a motion for partial reconsideration of a Supreme Court decision ruling that being chairman of the Philippine National Red Cross (PNRC) did not disqualify him from being a Senator. 2) The Court ordered the PNRC to incorporate itself as a private corporation with the SEC, taking exception that the issue of constitutionality was not the main issue in the case. 3) The Court held that it was improper to declare provisions of the PNRC statute unconstitutional since the issue was only raised in locus standi and not the central issue of the case. Constitutionality should not be touched on unless it is the main issue.

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Jairus Adrian Vilbar
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73 views2 pages

Liban Vs Gordon

1) Respondent filed a motion for partial reconsideration of a Supreme Court decision ruling that being chairman of the Philippine National Red Cross (PNRC) did not disqualify him from being a Senator. 2) The Court ordered the PNRC to incorporate itself as a private corporation with the SEC, taking exception that the issue of constitutionality was not the main issue in the case. 3) The Court held that it was improper to declare provisions of the PNRC statute unconstitutional since the issue was only raised in locus standi and not the central issue of the case. Constitutionality should not be touched on unless it is the main issue.

Uploaded by

Jairus Adrian Vilbar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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DANTE V. LIBAN, REYNALDO M. BERNARDO and SALVADOR M.

VIARI, Petitioners,

vs.

RICHARD J. GORDON, Respondent.

FACTS:

Respondent filed a motion for partial reconsideration on a Supreme Court decision which ruled that
being chairman of the Philippine National Red Cross (PNRC) did not disqualify him from being a Senator,
and that the charter creating PNRC is unconstitutional as the PNRC is a private corporation and the
Congress is precluded by the Constitution to create such.The Court then ordered the PNRC to
incorporate itself with the SEC as a private corporation. Respondent takes exception to the second part
of the ruling, which addressed the constitutionality of the statute creating the PNRC as a private
corporation. Respondent avers that the issue of constitutionality was only touched upon in the issue of
locus standi. It is a rule that the constitutionality will not be touched upon if it is not the lis mota of the
case.

ISSUE:

Was it proper for the Court to have ruled on the constitutionality of the PNRC statute?

HELD:

In the case at bar, the constitutionality of the PNRC statute was raised in the issue of standing. As such,
the Court should not have declared certain provisions of such as unconstitutional. On the substantive
issue, the PNRC is sui generis. It is unlike the private corporations that the Constitution wants to prevent
Congress from creating. First, the PNRC is not organized for profit. It is an organization dedicated to
assist victims of war and administer relief to those who have been devastated by calamities, among
others. It is entirely devoted to public service. It is not covered by the prohibition since the Constitution
aims to eliminate abuse by the Congress, which tend to favor personal gain. Secondly, the PNRC was
created in order to participate in the mitigation of the effects of war, as embodied in the Geneva
Convention. The creation of the PNRC is compliance with international treaty obligations. Lastly, the
PNRC is a National Society, an auxiliary of the government. It is not like government instrumentalities
and GOCC.

The PNRC is regulated directly by international humanitarian law, as opposed to local law regulating the
other mentioned entities. As such, it was improper for the Court to have declared certain portions of the
PNRC statute as unconstitutional. However, it is the stand of Justice Carpio that there is no mandate for
the Government to create a National Society to this effect. He also raises the fact that the PNRC is not
sui generis in being a private corporation organized for public needs. Justice Abad is of the opinion that
the PNRC is neither private or governmental, hence it was within the power of Congress to create.

It has been consistently held in Jurisprudence that the Court should exercise judicial restraint when it
comes to issues of constitutionality where it is not the lis mota of the case.

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