AN APPROPRIATE CASE the legislative or executive branch of the

government").
BELGICA V OCHOA

FACTS: The NBI Investigation was spawned by

sworn affidavits of six (6) whistle-blowers who The issues raised before the court do not raise
declared that JLN Corporation (Janet Lim political but legal question which are within its
Napoles) had swindled billions of pesos from province to resolve. A political question refers
the public coffers for "ghost projects" using
to “those questions which underthe
dummy NGOs. Thus, Criminal complaints were
filed before the Office of the Ombudsman, constitution are to be decided by the people in
charging five (5) lawmakers for Plunder, and their sovereign capacity or in regards to which
three (3) other lawmakers for Malversation, full discretionary authority has been delegated
Direct Bribery, and Violation of the Anti-Graft to the legislature or executive branch of the
and Corrupt Practices Act. Also recommended government. It is concerned with the issues
to be charged in the complaints are some of the dependent upon the wisdom not legality of a
lawmakers’ chiefs -of-staff or representatives,
particular measure.
the heads and other officials of three (3)
implementing agencies, and the several
The intrinsic constitutionality of the “Pork
presidents of the NGOs set up by Napoles.
Barrel system is not an issue dependent
Whistle-blowers alleged that" at least P900-
upon the wisdom of political branches of the
Million from royalties in the operation of the
government but rather a legal one which the
Malampaya gas project of Palawan province
constitution itself has commanded the court
intended for agrarian reform beneficiaries has
to act upon.
gone into a dummy NGO. Several petitions were
lodged before the Court similarly seeking The 1987 constitution expanded the concept of
judicial power such that the supreme court has
the power to determine whether there has
ISSUE: W/N The issues raised are matters been grave abuse of discretion amounting to
of policy not subject to judicial review lack or excess of jurisdiction on the part of any
branch or instrumentality on the part of the
government.
HELD: No, Political question doctrine is
inapplicable
***
Matters of policy: Political question doctrine:
the limitation on the power or judicial review
to actual cases and controversies carries the
assurance that “the courts will not intrude into
areas committed to the other branches of the
government” (arising from the principle of
separation of powers, the Judicial Branch
cannot decide questions "in regard to which full
discretionary authority has been delegated to

CHERRY ANN NAMOC

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TOMAS TADEO V THE PROVINCIAL FISCAL
OF PANGASINAN
GR NO 16474 JANUARY 31, 1962
FACTS: In the Civil case 10759, spouses Emilia
Acosta and Leoncio Maicong sued Tadeo for
damagesallegedly for preparing a deed of sale of
their parcel of land conveying it to Francisco
Bongatoand fraudulently inducing them to sign the
deed of sale which they did sign under the belief
that itwas a partition of their conjugal partnership
property they had asked the appellant, a lawyer
andnotary public, to prepare and ratify.
The spouses filed again a complaint for estafa
(criminal case no. 129).
The CFI dismissed the civil case on the ground that
upon motion of the counsel of the spousesdespite
the objection of Tadeo.
Tadeo filed a complaint for declaratory relief
(Civil Case D-413) in the CFI against the spousesand
co-defendant Vicente Torralba praying that the deed
of quitclaim executed by them in favor of Francisco
Bongato be declare "the genuine document
representing the true intention" of thespouses and
that he (the appellant) relieved from civil and
criminal liability arising from the part hehad taken as
lawyer and notary public in the drafting and
execution thereof.
The criminal case was subsequently dismissed on
the ground that the dismissal of the civil casewhich
was prejudicial precluded the continuation of the
criminal case which arose from the sametransaction
alleged in the civil case.
Spouses again filed a criminal case No. 263 for
estafa.
The respondents conducted preliminary investigatio
n.
Tadeo filed a complaint against the spouses
for declaratory judgment alleging that
the dismissalof the civil and criminal cases
constitutes a bar to further criminal prosecution of
the appellant for estafa; that all these
notwithstanding the appellee Provincial Fiscal and
Special Counsel and theappellee Justice of the Peace
Court were conducting the preliminary investigation
of criminalcase No. 263 against the appellant; that
the act of the aforesaid appellees in conducting
thepreliminary investigation in the said criminal case
constitutes a grave abuse of discretionamounting to
lack of jurisdiction; and that there is no appeal or
any other plain, speedy andadequate remedy in the
ordinary course of law available to the appellant.
The appellant prayedthat the appellees be enjoined
from conducting the preliminary investigation in
criminal case No.263 for
estafa
against him.
ISSUE: Whether appellant is entitled to file an
action for declaratory judgment.
HELD: No.
The pendency of civil case No. D-413 for declaratory
judgment, commenced by the appellant against the
appellees spouses in the Court of First Instance, was
one of the reasons given by the Justice of the Peace
Court to dismiss criminal case No. 129. However, the
appellant not being one of the contracting parties to
the deed of sale executed by the appellees spouses
but took part only as notary public before whom
they acknowledged the execution thereof is not
entitled to file an action for declaratory judgment.
None of his rights or duties there under need be
declared.
Another valid and good reason relied upon by the
Court in denying the writ prayed for is that the
appellant has a plain, speedy and adequate remedy
in the ordinary course of law. In the appropriate
caseand at the opportune time, he may set up all
defenses available to him and may appeal from an
adverse judgment.
CHERRY ANN NAMOC
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CHERRY ANN NAMOC
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