This case has been cited 3 times or more.
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2015-01-21 |
PERALTA, J. |
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| Declaratory relief is defined as an action by any person interested in a deed, will, contract or other written instrument, executive order or resolution, to determine any question of construction or validity arising from the instrument, executive order or regulation, or statute; and for a declaration of his rights and duties thereunder. The only issue that may be raised in such a petition is the question of construction or validity of provisions in an instrument or statute.[9] | |||||
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2013-04-17 |
PERLAS-BERNABE, J. |
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| Second, as a resident-taxpayer of the Municipality, Cacayuran is directly affected by the conversion of the Agoo Plaza which was funded by the proceeds of the Subject Loans. It is well-settled that public plazas are properties for public use[34] and therefore, belongs to the public dominion.[35] As such, it can be used by anybody and no one can exercise over it the rights of a private owner.[36] In this light, Cacayuran had a direct interest in ensuring that the Agoo Plaza would not be exploited for commercial purposes through the APC's construction. Moreover, Cacayuran need not be privy to the Subject Loans in order to proffer his objections thereto. In Mamba v. Lara, it has been held that a taxpayer need not be a party to the contract to challenge its validity; as long as taxes are involved, people have a right to question contracts entered into by the government.[37] | |||||
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2011-06-28 |
CARPIO, J. |
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| The instant petition therefore presents the Court with another opportunity to finally settle this purely legal issue which is of transcendental importance to the national economy and a fundamental requirement to a faithful adherence to our Constitution. The Court must forthwith seize such opportunity, not only for the benefit of the litigants, but more significantly for the benefit of the entire Filipino people, to ensure, in the words of the Constitution, "a self-reliant and independent national economy effectively controlled by Filipinos."[18] Besides, in the light of vague and confusing positions taken by government agencies on this purely legal issue, present and future foreign investors in this country deserve, as a matter of basic fairness, a categorical ruling from this Court on the extent of their participation in the capital of public utilities and other nationalized businesses. | |||||