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a collections of case digests and laws that can help aspiring law students to become a lawyer


IBP vs. Zamora, GR 141284, August 15, 2000

6/14/2020

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FACTS:  Invoking his powers as Commander-in-Chief under Sec. 18, Art. VII of the Constitution, President Ejercito Estrada directed the Armed Forces of the Philippines Chief of Staff and Philippine National Police Chief to coordinate with each other for the proper deployment and utilization of the Marines to assist the PNP in preventing or suppressing criminal or lawless violence. The President declared that the services of the Marines in the anti-crime campaign are merely temporary in nature and for a reasonable period only, until such time when the situation shall have improved. The Integrated Bar of the Philippines filed a petition seeking to declare the deployment of the Philippine Marines null and void and unconstitutional. Solicitor General contend that petitioner has no legal standing to assail. 

ISSUE:  
Whether or not IBP has legal standing to assail constitutionality of calling the AFP to assist PNP to suppress lawless violence, invasion or rebellion. 

DECISION: 
The petition was DISMISSED. 

​RATIO DECIDENDI: 
IBP primarily anchors its standing on its alleged responsibility to uphold the rule of law and the Constitution.  Apart from this declaration the IBP asserts no other basis in support of its locus standi. While undoubtedly true it is not sufficient to merit standing. However, when the issues raised are of paramount importance to the public, the Court may brush aside technicalities of procedure. The Court relaxed the rules on standing and resolved the issue now. 
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