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Posted by Juan dela Cruz at 1:14 AM
Labels: Digested Cases, Remedial Law
Remedial Law: Francisco Chavez vs. PCGG et al., GR No.
130716, December 09, 1998
Francisco Chavez vs. PCGG et al., GR No. 130716, December 09, 1998
Locus Standi
Facts:
Petitioner, instituted a case against public respondent to make public any negotiations and/or
agreements pertaining to the latter's task of recovering the Marcoses' ill-gotten wealth. The
respondents argued that the action was premature since he has not shown that he had asked
the respondents to disclose the negotiations and agreements before filing the case.
Issue:
Does the petitioner have the personality or legal standing to file the instant petition?
Held:
The instant petition is anchored on the right of the people to information and access to
government records, documents and papers- a right guaranteed under section 7, article III of
the Philippine Constitution. The petitioner a former solicitor general, is a Filipino citizen, and
because of the satisfaction of the two basic requisites laid down by decisional law to sustain
petitioner's standing i.e
(1) ENFORCEMENT OF A LEGAL RIGHT
(2) ESPOUSED BY A FILIPINO CITIZEN
we rule, that the petition at bar be allowed.
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