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[G.R. No. 169659.
BAYAN MUNA, et al. vs. EDUARDO R. ERMITA, et al.
En Banc
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court dated FEB. 14, 2006
G.R. No. 169659 (Bayan Muna, et al. vs. Eduardo R. Ermita, et al.);
G.R. No. 169660 (Francisco I. Chavez vs. Eduardo Ermita, et al.);
G.R. No. 169667 (Alternative Law Groups, Inc. [ALG] vs. Eduardo R. Ermita, et al.);
G.R. No. 169777 (Senate of the Philippines , et al. vs. Eduardo Ermita, et al.);
G.R. No. 169834 (PDP-Laban vs. Executive Secretary Eduardo R. Ermita );
G.R. No. 171246 (Jose Anselmo I. em>Cadiz , et al. v. Hon. Executive Secretary Eduardo Ermita )
From the petitions, the following principal issues are gathered:
1. PROCEDURAL;
Whether there is an actual case or controversy that calls for judicial review.
2. SUBSTANTIVE:
a) Whether respondents committed grave abuse of discretion in implementing EO 464 prior to its publication in the Official Gazette or in a newspaper of general circulation;
b) Whether EO 464 violates the following provisions of the Constitution:
� Art. II, Sec. 28
� Art. Ill, Sec. 4
� Art. Ill, Sec. 7
� Art. VI, Sec. 1
� Art. VI, Sec. 21
� Art. VI, Sec. 22
� Art. XI, Sec. 1
� Art. XIII, Sec. 16
The procedural issue shall not be discussed during the oral arguments scheduled on February 21, 2006 at 1:00 p.m. but shall be the subject of the parties' respective memoranda to be submitted on a date to be announced after the conclusion of the oral arguments.
With respect to the substantive issues, PETITIONERS will orally argue in the following order and for the duration of the time allotted therefore:
1.) SENATE OF THE PHILIPPINES (Fifteen [15] Minutes)
a.) Whether EO 464 violates Art. VI, Sec. 21 [1] cralaw of the Constitution
b.) Whether EO 464 violates Art. VI, Sec. 22 [2] cralaw of the Constitution
The INTEGRATED BAR OF THE PHILIPPINES (IBP) and its Board of Governors which filed their petition on February 13, 2006 at 3:27 p.m., whose petition raises essentially the same issues as those raised by the SENATE OF THE PHILIPPINES, may coordinate with the latter in the preparation for the oral arguments and share in the time allotted to it.
2.) BAYAN MUNA, COURAGE and CODAL (Eight [8] Minutes)
a.) Whether EO 464 violates Art. VI, Sec. I [3] cralaw of the Constitution
b.) Whether EO 464 violates Art. XI, Sec. I [4] cralaw of the Constitution
3.) FRANCISCO I. CHAVEZ (Eight [8] Minutes)
b.) Whether EO 464 violates Art. Ill, Sec. 7 [5] cralaw of the Constitution
4.) ALTERNATIVE LAW GROUPS, INC. (Eight [8] Minutes)
a.) Whether respondents committed grave abuse of discretion in implementing EO 464 prior to its publication in the Official Gazette or in a newspaper of general circulation
b.) Whether EO 464 violates Art. Ill, Sec. 4 [6] cralaw of the Constitution
c.) Whether EO 464 violates Art. XIII, Sec. 16 [7] cralaw of the Constitution
5.) PDP-LABAN (Eight [8] Minutes)
a.) Whether EO 464 violates Art. II, Sec. 28 [8] cralaw of the Constitution
For RESPONDENTS, their counsel/s who will counter-argue will have Twenty Five (25) Minutes for the purpose.
THE TIME ALLOTTED FOR THE PARTIES TO ARGUE AND COUNTER-ARGUE IS EXCLUSIVE OF THE TIME FOR INTERPELLATION BY THE COURT.
Very truly yours,
(Sgd) MA. LUISA D. VILLARAMA
Clerk of Court
Endnotes:
[1] cralaw Sec. 21. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.
[2] cralaw Sec. 22. The heads of departments may upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.
[3] cralaw Sec. 1 The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
[4] cralaw Sec. 1. Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.
[5] cralaw Sec. 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
[6] cralaw Sec. 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
[7] cralaw Sec. 16. The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms.
[8] cralaw Sec. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.
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