Legal Profession

A.Y. 2020-2021, S2
Case Title PAGUIA vs OFFICE OF THE PRESIDENT
Citation/Date G.R. No. 176278 [June 25, 2010]
Petitioner Alan F. Paguia
Respondents Office of the President, Secretary of Foreign Affairs and Hon. Hilario Davide, Jr., in his capacity
as Permanent Representative of the Philippines to the United Nations
Relevant Topic Practice of Law

Facts
1. In this case, former Chief Justice Hilario Davide, Jr. has been appointed by former President
Gloria Macapagal-Arroyo as permanent representative of the Philippines to the United Nations. To
this effect, Atty. Alan F. Paguia (“Atty. Paguia”) questioned said appointment alleging that such
appointment violates Sec. 23 of R.A. No. 7157 (“Philippine Foreign Service Act of 1991”) which
provision pegs the mandatory retirement age of all officers and employees of the Dept. of Foreign
Affairs at sixty-five (65).

2. In defense of Hon. Davide, Jr.’s appointment, the Office of the President and the Secretary of
Foreign Affairs question Atty. Paguia’s capacity to sue alleging that: (i) Atty. Paguia’s citizenship
and taxpayer status do not clothe him with standing to bring suit; and (ii) Atty. Paguia is
incapacitated to bring legal actions due to his suspension from the practice of law.

Issue/s and Ruling/s

W/N Atty. Paguia has standing to question Hon. Davide, No, with regard to citizenship and taxpayer suit, none of
Jr.’s appointment the elements and requirements to satisfy them were
present and that on account of his suspension from the
practice of law, Atty. Paguia is incapacitated to bring
legal actions. His suspension from the practice of law
bars him from performing any activity, in or out of court,
which requires the application of law, legal procedure,
knowledge, training and experience.

WHEREFORE, we DISMISS the petition.