Imbong v. Ochoa, GR 204819, April 8, 2014

FACTS:  On December 21, 2012, Congress enacted RH Law (RA 10354). RH Law is an enhancement measure to fortify and make effective the current laws on contraception, women’s health and population control. Petitioners assail its constitutionality because according to them, it violates the right to health of women and the sanctity of life, which the State is mandated to protect and promote. The proponents of the RH law, however, contend that the petitions do not present any actual case or controversy because the RH Law has yet to be implemented. They claim that the questions raised by the petitions are not yet concrete and ripe for adjudication since no one has been charged with violating any of its provisions and that there is no showing that any of the petitioners' rights has been adversely affected by its operation. 

ISSUE:  Whether or not the petition present an actual case or controversy even though the RH Law is not yet effective 

DECISION:   Yes

RATIO DECIDENDI:  The petition present an actual case or controversy even though RH Law is not yet effective. An actual case or controversy means an existing case or controversy that is appropriate or ripe for determination. The fact of the law or act in question being not yet effective does not negate ripeness. Concrete acts under a law are not necessary to render the controversy ripe. Even a singular violation of the Constitution and/or the law is enough to awaken judicial duty. Here, an actual case or controversy exists and that the same is ripe for judicial determination. Considering that the RH Law and its implementing rules have already taken effect and that budgetary measures to carry out the law have already been passed, it is evident that the subject petitions present a justiciable controversy. When an action of the legislative branch is seriously alleged to have infringed the Constitution, it not only becomes a right, but also a duty of the Judiciary to settle the dispute. Hence, the court shall take cognizance of the case.