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    Anti-Graft League of The Philippines v. San Juan

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    Paolo Bañadera
    The Anti-Graft League of the Philippines filed a petition seeking to nullify compromise agreements between the Province of Rizal and Ortigas & Co. regarding the sale and reconveyance of four parcels of land. The Supreme Court ruled that the petitioner did not have standing to sue. It was not a valid taxpayer's suit because the petitioner did not establish that public funds were illegally disbursed or that a law was violated in the transaction. As a taxpayer, the petitioner was not directly affected by the transaction between the Province and Ortigas. The proper remedy would have been for the petitioner to appeal the trial court's decision approving the compromise agreements to the Court of Appeals.

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    Anti-Graft League of The Philippines v. San Juan

    Uploaded by

    Paolo Bañadera
    588 views2 pages
    The Anti-Graft League of the Philippines filed a petition seeking to nullify compromise agreements between the Province of Rizal and Ortigas & Co. regarding the sale and reconveyance of four parcels of land. The Supreme Court ruled that the petitioner did not have standing to sue. It was not a valid taxpayer's suit because the petitioner did not establish that public funds were illegally disbursed or that a law was violated in the transaction. As a taxpayer, the petitioner was not directly affected by the transaction between the Province and Ortigas. The proper remedy would have been for the petitioner to appeal the trial court's decision approving the compromise agreements to the Court of Appeals.

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    Anti-Graft League of the Philippines v. San Juan

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    The Anti-Graft League of the Philippines filed a petition seeking to nullify compromise agreements between the Province of Rizal and Ortigas & Co. regarding the sale and reconveyance of four parcels of land. The Supreme Court ruled that the petitioner did not have standing to sue. It was not a valid taxpayer's suit because the petitioner did not establish that public funds were illegally disbursed or that a law was violated in the transaction. As a taxpayer, the petitioner was not directly affected by the transaction between the Province and Ortigas. The proper remedy would have been for the petitioner to appeal the trial court's decision approving the compromise agreements to the Court of Appeals.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    588 views2 pages

    Anti-Graft League of The Philippines v. San Juan

    Uploaded by

    Paolo Bañadera
    The Anti-Graft League of the Philippines filed a petition seeking to nullify compromise agreements between the Province of Rizal and Ortigas & Co. regarding the sale and reconveyance of four parcels of land. The Supreme Court ruled that the petitioner did not have standing to sue. It was not a valid taxpayer's suit because the petitioner did not establish that public funds were illegally disbursed or that a law was violated in the transaction. As a taxpayer, the petitioner was not directly affected by the transaction between the Province and Ortigas. The proper remedy would have been for the petitioner to appeal the trial court's decision approving the compromise agreements to the Court of Appeals.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Anti-Graft League of the Philippines v.

    San Juan
    G.R. No. 97787
    August 1, 1996
    Petitioner Anti-Graft League of the Philippines, a self-confessed non-governmental, non-stock and nonprofit organization, which was constituted to protect the interest of the Republic and its instrumentalities
    and political subdivisions and its constituents against abuses of its public officials and employees.
    This instant petition for certiorari is a taxpayers suit which it filed because the Provincial Board of Rizal
    (the Board) allegedly illegally disbursed public funds in transactions involving four parcels of land in
    Ugong Norte, Pasig.
    President Ferdinand E. Marcos issued Presidential Decree No. 674, establishing the Technological
    Colleges of Rizal. It directed the Board to provide funds for the purchase of a site and the construction of
    the necessary structures thereon. The Province was able to negotiate with respondent Ortigas & Co.,
    Ltd. (Ortigas) for the acquisition of four parcels of land located in Ugong Norte, Pasig. The project never
    materialized because of the decimation of the Provinces resources brought about by the creation of the
    Metro Manila Commission (MMC) in 1976.
    Lying idle, the property was eventually sold to Valley View Realty Development Corporation (Valley View)
    for P700.00 per square meter or a total of P134,523,900.00, of which 30 million was given as
    downpayment.
    Ortigas filed at the RTC of Pasig for rescission of contract plus damages with preliminary injunction
    against the Province as the latter violated the contract by selling the subject lots which were intended to
    be utilized solely as a site for the construction of the Rizal Technological Colleges and the Rizal Provincial
    Hospital. Another case was filed by the new Board of the province as the consideration was exceedingly
    low. The two cases were dismissed as there were compromise agreement where as the Province
    returned the 30million downpayment and the property was reconveyed to Ortigas at P2,250.00 per square
    meter, or a total of P432,398,250.00, or higher than market value.
    Petitioner filed the instant petition seeking to nullify the compromise agreements.
    Issue: Whether petitioner has standing to sue
    HELD
    STANDING

    No standing. Taxpayers suit requires:


    o

    Public funds are disbursed by a political subdivision or instrumentality and in doing so, a
    law is violated or some irregularity is committed

    That the petitioner is directly affected by the alleged ultra vires act.

    Petitioner never referred to such purchase as an illegal disbursement of public funds but focused
    on the alleged fraudulent reconveyance of said property to Ortigas because the price paid was
    lower than the prevailing market value of neighboring lots. The first requirement, therefore, which
    would make this petition a taxpayers suit is absent.

    Undeniably, as a taxpayer, petitioner would somehow be adversely affected by an illegal use of


    public money.
    o

    When no unlawful spending has been shown petitioner, even as a taxpayer, cannot
    question the transaction validly executed since he is not party to the contract.

    PROPER APPEAL

    Petitioner is questioning the reconveyance of the subject lots to Ortigas, that is, the acts of the
    Governor of Rizal and of the members.

    The proper remedy which it should have taken was to file a petition for review of the trial courts
    decision before the Court of Appeals because petitioner is questioning the wisdom of the trial
    courts action which, in turn, calls for a factual determination of the feasibility of an amicable
    settlement between the litigants. No legal issue cognizable by this Court was ever raised by
    petitioner.

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