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KilosBayan, Inc., et al. Vs. Teofisto Guingona, Jr., et al. [SEPARATE OPINION VITUG]

KILOSBAYAN, INCORPORATED, JOVITO R. SALONGA, CIRILO A. RIGOS, ERME CAMBA, EMILIO C. CAPULONG, JR., JOSE T. APOLO, EPHRAIM TENDERO, FERNANDO SANTIAGO, JOSE ABCEDE, CHRISTINE TAN, FELIPE L. GOZON, RAFAEL G. FERNANDO, RAOUL V. VICTORINO, JOSE CUNANAN, QUINTIN S. DOROMAL, SEN. FREDDIE WEBB, SEN. WIGBERTO TANADA, and REP. JOKER P. ARROYO, petitioners, vs. TEOFISTO GUINGONA, JR., in his capacity as Executive Secretary, Office of the President; RENATO CORONA, in his capacity as Assistant Executive Secretary and Chairman of the Presidential Review Committee on the Lotto, Office of the President; PHILIPPINE CHARITY SWEEPSTAKES OFFICE; and PHILIPPINE GAMING CORPORATION, respondent. [SEPARATE OPINION VITUG]

G.R. No. 113375 | 1994-05-05

Separate Opinions

VITUG, J., dissenting: 

Judicial power encompasses both an authority and duty to resolve "actual controversies involving rights which are legally demandable and enforceable" (Article VIII, Section 1, 1987 Constitution). As early as the case of Lamb vs. Phipps, 1 this Court ruled: "Judicial power, in its nature, is the power to hear and decide causes pending between parties who have the right to sue in the courts of law and equity." 2 An essential part of, and corollary to, this principle is the locus standi of a party litigant, referring to one who is directly affected by, and whose interest is immediate and...