CASE: BROTHER MIKE VELARDE VS SOCIAL JUSTICE SOCIETY

The case of Velarde vs SJS is challenging the June 12, 2003 decision and July 29, 2003
order of the RTC of Manila wherein the respondent filed for a Petition of Declatory Relief
and prayed for the resolution of the question “whether or not the act of religious leader in
endorsing the candidacy of a candidate for elective office or in urging or requiring
members of his flock to vote for a specified candidate, is violative of the letter or spirit of
the constitutional provisions, specifically on the separation of church and state; and the
constitutionality of religious leaders endorsing candidate for an elective post..

Alleging that the Decision did not contain a statement of facts and a dispositive portion,
the petitioner filed a Clarificatory Motion and MFR. In response however the court said
that it cannot consider since what is asked to do is to clarify constitutional provision and
to declare whether acts are violative thereof. (The Decision did not make a dispositive
portion because it is required only in coercive reliefs, where a redress from wrong suffered
and the benefit that the prevailing party wronged should get.)

The petitioner then filed for review at the SC.

Issues raised were classified into Procedural Issues and Substantive Issues.

Procedural:

Did the petition for Declatory Relief Raise is justiciable controversy? Did it state cause of
action? Did respondent have any legal standing to file the petition for Declatory Relief?

Substantive Issues:

Did the RTC Decision conform to the form and substance required by the Constitution,
the law and the Rules of Court?

May religious leaders be prohibited from endorsing candidates?

The court ruled that the petition of Velarde was meritorious especially on the Fundamental
Requirements of a Decision where the Constitution commands that no decision shall be
rendered by any court without expressing therein clearly and distinctly the facts and the
law on which it is based. No petition for review or MFR of a decision of a court shall be
refused due course or denied without stating basis therefor.

WHEREFORE, the Petition for Review of Brother Mike Velarde is GRANTED. The
assailed decision and Order dated June 12, 2003 and July 29, 2003 respectively is
declared NULL and VOID and the SJS Petition for Declatory Relief is DISMISSED for
failure to state a cause of action.
Essential part of a good Decision

 Statement of the Case

 Statement of Facts
 Issues of Assignment of Errors
 The Court’s Ruling
 The Disposition or Dispositive Portion

Declaratory relief refers to a judgment of a court which determines the rights of parties without
ordering anything be done or awarding damages. By seeking a declaratory judgment, the party
making the request is seeking for an official declaration of the status of a matter in controversy.