Pascual v. Sec. of Public Works (110 PHIL.

331 [1960])
Petitioner: Wenceslao Pascual
Respondent: The Secretary of Public Works and Communications
Ponente: Concepcion J.

Doctrine: Article IV Sec 24

Facts:
1. Petitioner was the governor of Rizal, filed a petition assailing the validity of R.A. 920
which contains an item providing for an appropriation of P85,000.00 for the construction
and repair of a feeder road in Pasig. The said law was passed in Congress and approved
by the President.

2. The property over which the feeder road will be constructed is however owned by Sen.
Zulueta. The property was to be donated to the local government, though the donation was
made a few months after the appropriation was included in RA 920. The petition alleged
that the said planned feeder road would relieve Zulueta the responsibility of improving the
road which is inside a private subdivision.

3. The lower court (RTC) ruled that the petitioner has standing to assail the validity of RA 920, due
to the public interest involved in the appropriation. However, he does not have a standing with
respect to the donation since he does not have an interest that will be injured by said donation,
hence it dismissed the petition

Issue:

Whether RA 920 is unconstitutional.

Whether the petitioner has the standing to file the petition

Held:
The decision appealed from is hereby reversed, and the records are remanded to the
lower court for further proceedings not inconsistent with this decision, with the costs of this
instance against respondent Jose C. Zulueta. It is so ordered.

It is SC’s considered opinion that the circumstances surrounding this case sufficiently
justify petitioners action in contesting the appropriation and donation in question; that this
action should not have been dismissed by the lower court; and that the writ of preliminary
injunction should have been maintained.

Ratio:
1. Petitioner has standing. He is not merely a taxpayer but the governor of the province of
Rizal which is considered one of the most populated biggest provinces during that time, its
taxpayers bear a substantial portion of the burden of taxation in the country.

2.Public funds can only be appropriated for a public purpose. The test of the
constitutionality of a statute requiring the use of public funds is whether it is used to
promote public interest. Moreover, the validity of a stature depends on the powers of the
Congress at the time of its passage or approval, not upon events occurring, or acts
performed subsequent thereto, unless it is an amendment of the organic law.