Paguia vs Office of the President

Gr no. 176278 June 25, 2010

Facts:

Former chief justice Hilario Davide has been appointed by the Arroyo
administration as a permanent representative of the Philippines of the United
Nations. To this effect, Atty. Allan F. Paguia, herein petitioner questioned the
said appointment alleging that due to Davides age, this disqualifies him from
holding his post.
To the defense of Mr. Davide, The Office of the President, and the Secretary of
Foreign affairs, question Paguias capacity to sue, alleging that: (a)
Petitioners citizenship and taxpayer status do not clothe him with standing to
bring suit; (b) Petitioner is incapacitated to bring legal actions due to his
suspension from the practice of law.

Issues:

WON Paguia has capacity to sue as a citizen and taxpayer

WON that suspension of Paguia from the practice of law renders him
incapacitated from bringing legal actions.

Held:

The SC held that access to citizen suits is granted on the narrowest ground,
when what is raised are issues of transcendental importance calling urgent
resolution. The parameters for the determination of allowing third party suits
which are: (1) Character of the funds or assets involved in the controversy;
(2) Clear disregard of constitutional and statutory prohibition; and (3) Lack of
any other party with a more direct and specific interest to bring suit. None of
the foregoing is present in this case.
Petitioner Paguia is incapacitated to bring legal actions. Paguias suspension
from the practice of the law bars him from performing any activity, in or out
of court, which requires the application of law, legal procedure, knowledge,
training and experience. Petitioners act of preparing a petition raising
carefully crafted arguments on equal protection grounds and employing
highly legalistic rules of statutory construction falls within the proscribed
conduct.
Petition is dismissed