TAN Christine Joyce Z.

Case Digest: Velarde vs. Social Justice Society

Facts: Social Justice Society (SJS) filed a Petition for Declaratory Relief on January 28, 2003
before the Reginal Trial Court or Manila against Mike Velarde, the founder of the Catholic
charismatic movement better known as El Shaddai, together with His Eminence, Jaime Cardinal
Sin, Executive Minister Eraño Manalo, Brother Eddie Villanueva and Brother Eliseo F. Soriano
as co-respondents. SJS, a registered political part, sought the following:
Issue:
 The interpretation of several constitutional provision, more importantly, focusing on the
separation of church and state
 A declaratory judgement of the acts of the religious leader endorsing political candidates
for elective office, and allegedly requiring members of their respective churches to vote for
a specific candidate.

Held and Rationale:

1. The declaratory relief filed by SJS failed to constitute a justiciable controversy. Court
decided that the issue being discussed is not for judicial determination. Moreover, the court
didn’t received a initiatory complaint or petition from the SJS that contains hard facts but
rather speculations. SJS only sought the opinion of the court when it comes to the issue
talked about, SJS did not ask for a declaration of its rights and duties; neither did it pray
for the stoppage of any threatened violation of its declared rights.
2. The petitioner failed to state the cause of action of the case, wherein the essential elements
were not provided:
a. a right in favor of the plaintiff;
b. an obligation on the part of the named defendant to respect or not to violate such right;
and
c. such defendants act or omission that is violative of the right of the plaintiff or
constituting a breach of the obligation of the former to the latter
3. The petitioner does not have any legal standing in filing the Petition for Declaratory Relief,
SJS does not sustain any direct injury or any other as a result of the act of the accused. SJS
failed to present in court the benefit and injury the act may have cause them