Tan v. Macapagal Petition for declaratory relief as taxpayers an in behalf of the Filipino people.

The petitioners seeks for the court to declare that the deliberating Constitutional Convention was "without power, under Section 1, Article XV of the Constitution and Republic Act 6132, to consider, discuss and adopt proposals which seek to revise the present Constitution through the adoption of a form of a government other than the form now outlined in the present Constitution [the Convention being] merely empowered to propose improvements to the present Constitution without altering the general plan laid down therein." Issues: WON the petitioners has locus standi WON the court has jurisdiction over the case Held: 1. NO. Justice Laurel: "The unchallenged rule is that the person who impugns the validity of a statute must have a personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement." Pascual v. The Secretary of Public Works: validity of a statute may be contested only by one who will sustain a direct injury, in consequence of its enforcement. Taxpayers only have standing on laws providing for the disbursement of public funds. Expenditure of public funds, by an officer of the State for the purpose of administering an unconstitutional act constitutes a misapplication of such funds,' which may be enjoined at the request of a taxpayer." 2. NO. At the time the case was filed the Con-Con has not yet finalized any resolution that would radically alter the 1935 constitution therefore not yet ripe for judicial review. The case becomes ripe when the Con-Con has actually does something already. Then the court may actually inquire into the jurisdiction of the body. Separation of power departments should be left alone to do duties as they see fit. The Executive and the Legislature are not bound to ask for advice in carrying out their duties, judiciary may not interfere so that it may fulfil its duties well. The court may not interfere until the proper time comes ripeness

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