PROVINCE OF NORTH COTABATO VS GOVT OF THE REPUBLIC OF THE

PHILIPPINES
(GR NO. 183591, OCTOBER 14, 2008)

FACTS:
On August 5, 2008, the Government of the Republic of the Philippines Peace Panel on
Ancestral Domain (GRP), represented by its Chairman Rodolfo Garcia, and the MILF, represented
by its Chairman Mohagher Iqbal, were scheduled to sign a Memorandum of Agreement on the
Ancestral Domain (MOA-AD) Aspect of the GRP-MILF Tripoli Agreement on Peace of 2001 in
Kuala Lumpur, Malaysia. The MOA-AD, among others, mentions the Bangsamoro Judicial Entity
(BJE) to which it grants the authority and jurisdiction over the Ancestral Domain and Ancestral
Lands of the Bangsamoro. The signing of the MOA-AD between the GRP and the MILF did not
materialize, however, for upon motion of petitioners, the Supreme Court (SC) issued a Temporary
Restraining Order enjoining the GRP from signing the same.

ISSUE:
Whether or not the petitioners are clothed with the legal standing as parties to Civil Actions.

RULING:
Yes. The Court has granted that Local Government Units (LGUs), could seek relief in order
to protect or vindicate an interest of its own, and of the other LGUs.
Intervenors, meanwhile, may be given legal standing upon showing of facts that satisfy the
requirements of the law authorizing intervention, such as a legal interest in the matter in litigation,
or in the success of either of the parties.
In any case, the Court has discretion to relax the procedural technicality on locus standi,
given the liberal attitude it has exercised, highlighted in the case of David v. Macapagal-Arroyo,
where technicalities of procedure were brushed aside, the constitutional issues raised being of
paramount public interest or of transcendental importance deserving the attention of the Court in
view of their seriousness, novelty and weight as precedents. The Court's forbearing stance on locus
standi on issues involving constitutional issues has for its purpose the protection of fundamental
rights.
In not a few cases, the Court, in keeping with its duty under the Constitution to determine
whether the other branches of government have kept themselves within the limits of the
Constitution and the laws and have not abused the discretion given them, has brushed aside
technical rules of procedure.
In the petitions at bar, petitioners have locus standi in view of the direct and substantial
injury that they, as LGUs, would suffer as their territories, whether in whole or in part, are to be
included in the intended domain of the BJE. These petitioners allege that they did not vote for their
inclusion in the ARMM which would be expanded to form the BJE territory. Petitioners' legal
standing is thus beyond doubt.
In G.R. No. 183962, petitioners Ernesto Maceda, Jejomar Binay and Aquilino Pimentel III
would have no standing as citizens and taxpayers for their failure to specify that they would be
denied some right or privilege or there would be wastage of public funds. The fact that they are a
former Senator, an incumbent mayor of Makati City, and a resident of Cagayan de Oro,
respectively, is of no consequence. Considering their invocation of the transcendental importance
of the issues at hand, however, the Court grants them standing.
Intervenors Franklin Drilon and Adel Tamano, in alleging their standing as taxpayers, assert that
government funds would be expended for the conduct of an illegal and unconstitutional plebiscite
to delineate the BJE territory. On that score alone, they can be given legal standing. Their
allegation that the issues involved in these petitions are of "undeniable transcendental importance"
clothes them with added basis for their personality to intervene in these petitions.
With regard to Senator Manuel Roxas, his standing is premised on his being a member of
the Senate and a citizen to enforce compliance by respondents of the public's constitutional right
to be informed of the MOA-AD, as well as on a genuine legal interest in the matter in litigation,
or in the success or failure of either of the parties. He thus possesses the requisite standing as an
intervenor.
With respect to Intervenors Ruy Elias Lopez, as a former congressman of the 3rd district
of Davao City, a taxpayer and a member of the Bagobo tribe; Carlo B. Gomez, et al., as members
of the IBP Palawan chapter, citizens and taxpayers; Marino Ridao, as taxpayer, resident and
member of the Sangguniang Panlungsod of Cotabato City; and Kisin Buxani, as taxpayer, they
failed to allege any proper legal interest in the present petitions. Just the same, the Court exercises
its discretion to relax the procedural technicality on locus standi given the paramount public
interest in the issues at hand.
Intervening respondents Muslim Multi-Sectoral Movement for Peace and Development,
an advocacy group for justice and the attainment of peace and prosperity in Muslim Mindanao;
and Muslim Legal Assistance Foundation Inc., a non-government organization of Muslim lawyers,
allege that they stand to be benefited or prejudiced, as the case may be, in the resolution of the
petitions concerning the MOA-AD, and prays for the denial of the petitions on the grounds therein
stated. Such legal interest suffices to clothe them with standing.