Joya Vs
Joya Vs
Joya Vs
JD1-E
FACT
All thirty-five (35) petitioners in this Special Civil Action for Prohibition and Mandamus with
Prayer for Preliminary Injunction and/or Restraining Order seek to enjoin the Presidential
Commission on Good Government (PCGG) from proceeding with the auction sale scheduled on
11 January 1991 by Christie's of New York of the Old Masters Paintings and 18th and 19th
century silverware seized from Malacañang and the Metropolitan Museum of Manila and
placed in the custody of the Central Bank.
On 11 January 1991, the sale at public auction proceeded as scheduled and the proceeds of
$13,302,604.86 were turned over to the Bureau of Treasury.
After the oral arguments of the parties on 9 January 1991, we issued immediately our
resolution denying the application for preliminary injunction to restrain the scheduled sale of
the artworks on the ground that petitioners had not presented a clear legal right to a
restraining order and that proper parties had not been impleaded.
ISSUE
(a) whether petitioners have legal standing to file the instant petition;
(b) whether the Old Masters Paintings and antique silverware are
embraced in the phrase "cultural treasure of the nation"
(c) whether the paintings and silverware are properties of public
dominion on which can be disposed of through the joint concurrence of
the President and Congress;
(d) whether respondent, PCGG has the jurisdiction and authority to enter
into an agreement with Christie's of New York for the sale of the
artworks;
(e) whether, PCGG has complied with the due process clause and other
statutory requirements for the exportation and sale of the subject
items; and,
(f) whether the petition has become moot and academic, and if so,
whether the above issues warrant resolution from this Court.
RULING
(a) there is that basic legal question which must first be resolved: whether
the instant petition complies with the legal requisites for this Court to
exercise its power of judicial review over this case
(b)the paintings and silverware are public properties collectively owned
by them and by the people in general to view and enjoy as great works
of art.
CARDENAS, MA. FATIMA D.
JD1-E
(c) They themselves allege that the paintings were donated by private
persons from different parts of the world to the Metropolitan Museum
of Manila Foundation, which is a non-profit and non-stock corporations
established to promote non-Philippine arts as alleged in the petition,
the pieces of antique silverware were given to the Marcos couple as
gifts from friends and dignitaries from foreign countries on their silver
wedding and anniversary, an occasion personal to them.
(d)President Aquino, through former Executive Secretary Catalino
Macaraig, Jr., authorized Chairman Caparas to sign the Consignment
Agreement allowing Christie's of New York to auction off the subject art
pieces for and in behalf of the Republic of the Philippines
(e)