|
Sunday, October 12, 2003
Palace told to comment on Glo's political bid
By Benjamin B. Pulta
MANILA -- A Manila court asked Malacaņang to reply to a suit filed by a party-list group in connection with the shifting pronouncements made by President Arroyo on her candidacy in the 2004 national elections.
In a one-page order, Manila Regional Trial Court (RTC) Branch 25 Judge Aida Rangel-Roque required Executive Secretary Alberto G. Romulo and the Office of the Solicitor General "to file their comment... within 15 days" to the petition for declaratory relief filed last month by the Social Justice Society (SJS), a party-list group led by Manila law professors.
In a statement, SJS claimed that in view of the aforesaid pending case, the president's "candidacy is conditional, subject to the outcome of the case."
"For should the Court decide that, by reason of her December 30, 2002 (announcement not to run) PGMA (President Gloria Macapagal-Arroyo) has under the law waived her right to run, she must heed and respect the judicial pronouncement," SJS president Samson Alcantara said.
"The president of the Philippines must not only remain true to her word but must respect the decision of our courts," he added.
The SJS suit seeks a court ruling on available rights and remedies, which may be availed following President Arroyo's earlier decision not to run, a move seen as an effort to parry off attacks on her administration by the opposition.
One of the chief executive's supporters, former justice secretary Hernando B. Perez, started a campaign calling for Arroyo's candidacy despite the pronouncement.
Under Philippine law, the requisites for declaratory relief, which seeks to inform parties of their rights, include that there should be a justiciable controversy, that the controversy is between persons whose interests are adverse, that the party seeking relief has a legal interest in the controversy, and that the issue invoked is ripe for judicial determination.
A declaratory relief is a special civil action brought by a person interested under a deed, will, contract or written instrument, or whose rights are affected by a statute, executive order or regulation, or ordinance, before breach or violation to determine any question on construction or validity arising under the law for a declaration of his rights or duties thereunder.
An action for declaratory relief may only be entertained upon the following requisite facts or conditions: 1) there must be a justiciable controversy; 2) the controversy must be between persons whose interests are adverse; 3) the party seeking declaratory relief must have a legal interest in the controversy; and 4) the issue involved must be ripe for judicial determination.
So far, SJS has questioned before Manila courts as well as in the Supreme Court, Malacaņang's declaration of a state of rebellion in connection with the July 27 Oakwood mutiny.
SJS also sued religious groups over the practice of block voting and endorsements.
It also urged the High Court to implement an ordinance passed by the Manila City Council in Nov. 28, 2001 ordering the closure of the Pandacan oil depot for being a fire hazard and a potential target of terrorists.
In most of these cases, the government insists that the SJS has no legal standing to validly challenge officials' acts.
(October 12, 2003 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
|
|
 |
| click
to comment on this article or discuss it with other readers |
[return to top]
[home]
|
|
