Saturday, July 10, 2010

IBP v. Zamora, 338 SCRA 81(2000)

FACTS: Following an alarming increase in violent crimes in Metro Manila, Pres. Estrada ordered the deployment of the Phil. Marines to join in visibility patrols around the metropolis. The Pres. invoked his Comm.-in-Chief powers under Sec 18, Art VII of the Constitution. The IBP seeks to nullify the order on constitutional grounds.

ISSUE: Does it have standing?

HELD: Locus standi has been defined as personal & substantial interest in the case such that the party has sustained or will sustain direct injury as result of the challenged act. In this case, IBP primarily anchors its standing on its alleged responsibility to uphold the constitution. The mere invocation by the IBP of its duty to preserve the rule of law & nothing more, while undoubtedly true, is not sufficient to clothed it w/ standing. That is too general, an interests that is shared by other groups & the whole citizenry. IBP’s fundamental purpose that is to elevate the standards of the law profession & improve the administration of justice, cannot be affected by the deployment of the Marines.

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