Petitioners, vs. SECRETARY MICHAEL DEFENSOR, in His: en Banc
Petitioners, vs. SECRETARY MICHAEL DEFENSOR, in His: en Banc
Petitioners, vs. SECRETARY MICHAEL DEFENSOR, in His: en Banc
DECISION
TINGA, J : p
The instant petition for prohibition under Rule 65 of the 1997 Rules of Civil
Procedure, with prayer for the issuance of a temporary restraining order and/or
writ of preliminary injunction, seeks to prevent respondents from enforcing the
implementing rules and regulations (IRR) of Republic Act No. 9207, otherwise
known as the "National Government Center (NGC) Housing and Land Utilization
Act of 2003."
Petitioner Holy Spirit Homeowners Association, Inc. (Association) is a
homeowners association from the West Side of the NGC. It is represented by its
president, Nestorio F. Apolinario, Jr., who is a co-petitioner in his own personal
capacity and on behalf of the association.
Named respondents are the ex-officio members of the National Government
Center Administration Committee (Committee). At the filing of the instant
petition, the Committee was composed of Secretary Michael Defensor, Chairman
of the Housing and Urban Development Coordinating Council (HUDCC), Atty.
Edgardo Pamintuan, General Manager of the National Housing Authority (NHA),
Mr. Percival Chavez, Chairman of the Presidential Commission for Urban Poor
(PCUP), Mayor Feliciano Belmonte of Quezon City, Secretary Elisea Gozun of the
Department of Environment and Natural Resources (DENR), and Secretary
Florante Soriquez of the Department of Public Works and Highways (DPWH).
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Prior to the passage of R.A. No. 9207, a number of presidential issuances
authorized the creation and development of what is now known as the National
Government Center (NGC). AIcECS
In accordance with Section 5 of R.A. No. 9207, 4 the Committee formulated the
Implementing Rules and Regulations (IRR) of R.A. No. 9207 on June 29, 2004.
Petitioners subsequently filed the instant petition, raising the following issues:
WHETHER OR NOT SECTION 3.1 (A.4), 3.1 (B.2), 3.2 (A.1) AND 3.2 (C.1)
OF THE RULES AND REGULATIONS OF REPUBLIC ACT NO. 9207,
OTHERWISE KNOWN AS "NATIONAL GOVERNMENT CENTER (NGC)
HOUSING AND LAND UTILIZATION ACT OF 2003" SHOULD BE DECLARED
NULL AND VOID FOR BEING INCONSISTENT WITH THE LAW IT SEEKS TO
IMPLEMENT.
WHETHER OR NOT SECTION 3.1 (A.4), 3.1 (B.2), 3.2 (A.1) AND 3.2 (C.1)
OF THE RULES AND REGULATIONS OF REPUBLIC ACT NO. 9207,
OTHERWISE KNOWN AS "NATIONAL GOVERNMENT CENTER (NGC)
HOUSING AND LAND UTILIZATION ACT OF 2003" SHOULD BE DECLARED
NULL AND VOID FOR BEING ARBITRARY, CAPRICIOUS AND WHIMSICAL.
5
We cannot, therefore, agree with the OSG on the issue of locus standi. The
petition does not merit dismissal on that ground.
There are, however, other procedural impediments to the granting of the instant
petition. The OSG claims that the instant petition for prohibition is an improper
remedy because the writ of prohibition does not lie against the exercise of a
quasi-legislative function. 9 Since in issuing the questioned IRR of R.A. No. 9207,
the Committee was not exercising judicial, quasi-judicial or ministerial function,
which is the scope of a petition for prohibition under Section 2, Rule 65 of the
1997 Rules of Civil Procedure, the instant prohibition should be dismissed
outright, the OSG contends. For their part, respondent Mayor of Quezon City 10
and respondent NHA 11 contend that petitioners violated the doctrine of
hierarchy of courts in filing the instant petition with this Court and not with the
Court of Appeals, which has concurrent jurisdiction over a petition for prohibition.
A petition for prohibition is also not the proper remedy to assail an IRR issued in
the exercise of a quasi-legislative function. Prohibition is an extraordinary writ
directed against any tribunal, corporation, board, officer or person, whether
exercising judicial, quasi-judicial or ministerial functions, ordering said entity or
person to desist from further proceedings when said proceedings are without or
in excess of said entity's or person's jurisdiction, or are accompanied with grave
abuse of discretion, and there is no appeal or any other plain, speedy and
adequate remedy in the ordinary course of law. 21 Prohibition lies against judicial
or ministerial functions, but not against legislative or quasi-legislative functions.
Generally, the purpose of a writ of prohibition is to keep a lower court within the
limits of its jurisdiction in order to maintain the administration of justice in
orderly channels. 22 Prohibition is the proper remedy to afford relief against
usurpation of jurisdiction or power by an inferior court, or when, in the exercise
of jurisdiction in handling matters clearly within its cognizance the inferior court
transgresses the bounds prescribed to it by the law, or where there is no
adequate remedy available in the ordinary course of law by which such relief can
be obtained. 23 Where the principal relief sought is to invalidate an IRR,
petitioners' remedy is an ordinary action for its nullification, an action which
properly falls under the jurisdiction of the Regional Trial Court. In any case,
petitioners' allegation that "respondents are performing or threatening to
perform functions without or in excess of their jurisdiction" may appropriately be
enjoined by the trial court through a writ of injunction or a temporary restraining
order.
In a number of petitions, 24 the Court adequately resolved them on other
grounds without adjudicating on the constitutionality issue when there were no
compelling reasons to pass upon the same. In like manner, the instant petition
may be dismissed based on the foregoing procedural grounds. Yet, the Court will
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not shirk from its duty to rule on the merits of this petition to facilitate the
speedy resolution of this case. In proper cases, procedural rules may be relaxed or
suspended in the interest of substantial justice. And the power of the Court to
except a particular case from its rules whenever the purposes of justice require it
cannot be questioned. 25
Now, we turn to the substantive aspects of the petition. The outcome, however,
is just as dismal for petitioners.
Petitioners assail the following provisions of the IRR:
Section 3. Disposition of Certain portions of the NGC Site to the bonafide
residents
3.1. Period for Qualification of Beneficiaries
xxx xxx xxx
The Committee's authority to fix the selling price of the lots may be likened to
the rate-fixing power of administrative agencies. In case of a delegation of rate-
fixing power, the only standard which the legislature is required to prescribe for
the guidance of the administrative authority is that the rate be reasonable and
just. However, it has been held that even in the absence of an express
requirement as to reasonableness, this standard may be implied. 29 In this
regard, petitioners do not even claim that the selling price of the lots is
unreasonable.
The provision on the price escalation clause as a penalty imposed to a beneficiary
who fails to execute a contract to sell within the prescribed period is also within
the Committee's authority to formulate guidelines and policies to implement
R.A. No. 9207. The Committee has the power to lay down the terms and
conditions governing the disposition of said lots, provided that these are
reasonable and just. There is nothing objectionable about prescribing a period
within which the parties must execute the contract to sell. This condition can
ordinarily be found in a contract to sell and is not contrary to law, morals, good
customs, public order, or public policy.
Third. Petitioners also suggest that the adoption of the assailed IRR suffers from
a procedural flaw. According to them the IRR was adopted and concurred in by
several representatives of people's organizations contrary to the express
mandate of R.A. No. 9207 that only two representatives from duly recognized
peoples' organizations must compose the NGCAC which promulgated the assailed
IRR. It is worth noting that petitioner association is not a duly recognized
people's organization.
In subordinate legislation, as long as the passage of the rule or regulation had
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the benefit of a hearing, the procedural due process requirement is deemed
complied with. That there is observance of more than the minimum
requirements of due process in the adoption of the questioned IRR is not a
ground to invalidate the same. aDSIHc
In sum, the petition lacks merit and suffers from procedural deficiencies.
WHEREFORE, the instant petition for prohibition is DISMISSED. Costs against
petitioners.
SO ORDERED.
Puno, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-
Martinez, Corona, Carpio Morales, Callejo, Sr., Azcuna, Chico-Nazario, Garcia and
Velasco Jr., JJ., concur.
Panganiban, C.J., in the result.
Footnotes
1. Rollo, p. 6.
2. Id. at 7.
3. Id.
4. SEC. 5. National Government Center Administration Committee. — There is hereby
created a National Government Center Administration Committee to administer,
formulate guidelines and policies, and implement the land disposition of the
areas covered by this Act. . . .
5. Rollo, p. 12.
6. Id. at 80.
7. Id. at 82.
8. Sanlakas v. Executive Secretary, G.R. No. 159085, February 3, 2004, 421 SCRA
656, 665, citing IBP v. Zamora, G.R. No. 141284, August 15, 2000, 338 SCRA
81.
9. Rollo, p. 81.
10. Id. at 51.
11. Id. at 66.
12. Smart Communications, Inc. v. National Telecommunications Commission , 456 Phil.
145, 155 (2003).
13. Id. at 157.
14. Id. at 158.
15. Heirs of Bertuldo Hinog v. Melicor, G.R. No. 140954, April 12, 2005, 455 SCRA
460, 470.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or
the Rules of Court may provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decrees, proclamation, order,
instruction, ordinance, or regulation is in question. . . .
21. RULES OF COURT, Rule 65, Sec. 2.
22. David v. Rivera, G.R. Nos. 139913 & 140159, January 16, 2004, 420 SCRA 90,
100.
23. Id.
24. Development Bank of the Phils. v. Commission on Audit , 424 Phil. 411 (2002);
Planters Products, Inc. v. Court of Appeals , 375 Phil. 615 (1999); Spouses
Mirasol v. Court of Appeals, 403 Phil. 761 (2001).
25. Philippine National Bank v. Sanao Marketing Corporation, G.R. No. 153951, July 29,
2005.
26. Republic Act No. 9207 (2003), Sec. 2, provides: Declaration of Policy . — It is
hereby declared the policy of the State to secure the land tenure of the urban
poor. Toward this end, lands located in the NGC, Quezon City shall be utilized for
housing, socioeconomic, civic, educational, religious and other purposes.
27. Commissioner on Internal Revenue v. Court of Appeals , 329 Phil. 987, 1006-1007
(1996), citing Misamis Oriental Association of Coco Traders, Inc. v. Department
of Finance Secretary, 238 SCRA 63.
28. Sigre v. Court of Appeals , 435 Phil. 711, 719 (2002).
29. Philippine Communications Satellite Corporation v. Alcuaz, G.R. No. 84818,
December 18, 1989, 180 SCRA 218, 225-226.