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    Liban vs. Gordon, G.R. No. 175352, January 15, 2009

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    Michelle Catadman
    The Supreme Court ruled that the chairman of the Philippine National Red Cross (PNRC) could serve as a Senator and that the charter creating the PNRC was unconstitutional. The respondent filed a motion for partial reconsideration, arguing that the issue of the charter's constitutionality was not central to the case. The Court held that it was improper to rule on the constitutionality of the PNRC statute since that issue was not the main point of contention. It found that the PNRC is a unique organization devoted to public service and complying with international treaties, not a private corporation as defined in the Constitution. While some justices disagreed on aspects, the Court exercised judicial restraint in ruling on constitutionality when it was not

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    Liban vs. Gordon, G.R. No. 175352, January 15, 2009

    Uploaded by

    Michelle Catadman
    45 views2 pages
    The Supreme Court ruled that the chairman of the Philippine National Red Cross (PNRC) could serve as a Senator and that the charter creating the PNRC was unconstitutional. The respondent filed a motion for partial reconsideration, arguing that the issue of the charter's constitutionality was not central to the case. The Court held that it was improper to rule on the constitutionality of the PNRC statute since that issue was not the main point of contention. It found that the PNRC is a unique organization devoted to public service and complying with international treaties, not a private corporation as defined in the Constitution. While some justices disagreed on aspects, the Court exercised judicial restraint in ruling on constitutionality when it was not

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    The Supreme Court ruled that the chairman of the Philippine National Red Cross (PNRC) could serve as a Senator and that the charter creating the PNRC was unconstitutional. The respondent filed a motion for partial reconsideration, arguing that the issue of the charter's constitutionality was not central to the case. The Court held that it was improper to rule on the constitutionality of the PNRC statute since that issue was not the main point of contention. It found that the PNRC is a unique organization devoted to public service and complying with international treaties, not a private corporation as defined in the Constitution. While some justices disagreed on aspects, the Court exercised judicial restraint in ruling on constitutionality when it was not

    Copyright:

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

    Liban vs. Gordon, G.R. No. 175352, January 15, 2009

    Uploaded by

    Michelle Catadman
    The Supreme Court ruled that the chairman of the Philippine National Red Cross (PNRC) could serve as a Senator and that the charter creating the PNRC was unconstitutional. The respondent filed a motion for partial reconsideration, arguing that the issue of the charter's constitutionality was not central to the case. The Court held that it was improper to rule on the constitutionality of the PNRC statute since that issue was not the main point of contention. It found that the PNRC is a unique organization devoted to public service and complying with international treaties, not a private corporation as defined in the Constitution. While some justices disagreed on aspects, the Court exercised judicial restraint in ruling on constitutionality when it was not

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Liban vs. Gordon, G.R. No.

    175352, January 15, 2009

    FACTS: Respondent filed a motion for partial reconsideration on a Supreme


    Court decision which ruled that being chairman of the Philippine National Red
    Cross (PNRC) did not disqualify him from being a Senator, and that the charter
    creating PNRC is unconstitutional as the PNRC is a private corporation and the
    Congress is precluded by the Constitution to create such.The Court then ordered
    the PNRC to incorporate itself with the SEC as a private corporation. Respondent
    takes exception to the second part of the ruling, which addressed the
    constitutionality of the statute creating the PNRC as a private corporation.
    Respondent avers that the issue of constitutionality was only touched upon in the
    issue of locus standi. It is a rule that the constitutionality will not be touched
    upon if it is not the lis mota of the case. ADVERTISEMENT: Work from home! Be
    an online English tutor. Earn at least PHP100/hour.

    ISSUE: Was it proper for the Court to have ruled on the


    constitutionality of the PNRC statute?
    HELD: In the case at bar, the constitutionality of the PNRC statute was raised in
    the issue of standing. As such, the Court should not have declared certain
    provisions of such as unconstitutional. On the substantive issue, the PNRC is sui
    generis. It is unlike the private corporations that the Constitution wants to
    prevent Congress from creating. First, the PNRC is not organized for profit. It is
    an organization dedicated to assist victims of war and administer relief to those
    who have been devastated by calamities, among others. It is entirely devoted to
    public service. It is not covered by the prohibition since the Constitution aims to
    eliminate abuse by the Congress, which tend to favor personal gain. Secondly, the
    PNRC was created in order to participate in the mitigation of the effects of war, as
    embodied in the Geneva Convention. The creation of the PNRC is compliance
    with international treaty obligations. Lastly, the PNRC is a National Society, an
    auxiliary of the government. It is not like government instrumentalities and
    GOCC.

    The PNRC is regulated directly by international humanitarian law, as opposed to


    local law regulating the other mentioned entities. As such, it was improper for the
    Court to have declared certain portions of the PNRC statute as unconstitutional.
    However, it is the stand of Justice Carpio that there is no mandate for the
    Government to create a National Society to this effect. He also raises the fact that
    the PNRC is not sui generis in being a private corporation organized for public
    needs. Justice Abad is of the opinion that the PNRC is neither private or
    governmental, hence it was within the power of Congress to create.

    It has been consistently held in Jurisprudence that the Court should


    exercise judicial restraint when it comes to issues of constitutionality
    where it is not the lis mota of the case.

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