Professional Documents
Culture Documents
Case # - Liban V Gordon - G.R. No. 17532
Case # - Liban V Gordon - G.R. No. 17532
Richard Gordon
G.R. NO.175352; January 18, 2011
FACTS:
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.
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