Dante Liban v. Sen.

Richard Gordon
G.R. NO.175352; January 18, 2011

FACTS: 

Senator Gordon filed a motion for partial reconsideration on a Supreme Court

decision which ruled that being chairman of the Philippine National Red Cross (PNRC)
did not disqualify him from being a Senator, and that the charter creating PNRC is
unconstitutional as the PNRC is a private corporation and the Congress is precluded by
the Constitution to create such. Respondent avers that the issue of constitutionality was
only touched upon in the issue of locus standi. It is a rule that the constitutionality will
not be touched upon if it is not the lis mota of the case.

ISSUE: 

Is it proper for the Court to have ruled on the constitutionality of the PNRC
statute?

HELD: 

The constitutionality of the PNRC statute was raised in the issue of standing. As
such, the Court should not have declared certain provisions of such as unconstitutional.
On the substantive issue, the PNRC is sui generis. It is unlike the private corporations
that the Constitution wants to prevent Congress from creating. First, the PNRC is not
organized for profit. It is an organization dedicated to assist victims of war and
administer relief to those who have been devastated by calamities, among others. It is
entirely devoted to public service. It is not covered by the prohibition since the
Constitution aims to eliminate abuse by the Congress, which tend to favor personal
gain. Secondly, the PNRC was created in order to participate in the mitigation of the
effects of war, as embodied in the Geneva Convention. The creation of the PNRC is
compliance with international treaty obligations. Lastly, the PNRC is a National Society,
an auxiliary of the government. It is not like government instrumentalities and GOCC.

The PNRC is regulated directly by international humanitarian law, as opposed to

local law regulating the other mentioned entities. As such, it was improper for the Court
to have declared certain portions of the PNRC statute as unconstitutional. However, it is
the stand of Justice Carpio that there is no mandate for the Government to create a
National Society to this effect. He also raises the fact that the PNRC is not sui generis in
being a private corporation organized for public needs. Justice Abad is of the opinion
that the PNRC is neither private or governmental, hence it was within the power of
Congress to create.

It has been consistently held in Jurisprudence that the Court should exercise
judicial restraint when it comes to issues of constitutionality where it is not the lis mota
of the case