G.R. No. 140835 - Gonzales vs. Narvasa

Ramon A. Gonzales, as citizen and taxpayer, filed a petition for prohibition and mandamus on December 9, 1999, assailing:

Constitutionality of the Preparatory Commission on Constitutional Reform (PCCR) created by Executive Order No. 43 (E.O. No. 43) and extended by Executive Order No. 70 (E.O. No. 70).
Constitutionality of seventy (70) positions in the Office of the President occupied by twenty (20) presidential consultants, twenty-two (22) presidential advisers, and twenty-eight (28) presidential assistants.
Enforcement by Executive Secretary Ronaldo B. Zamora of actions, advice, and recommendations of the PCCR and the presidential consultants/advisers/assistants.
Audit and disbursement of public funds by the Commission on Audit for the PCCR and the consultants/advisers/assistants.
Compelling respondent Zamora to furnish information on appointments and recipients of seized luxury vehicles.

Respondent Hon. Andres R. Narvasa, as PCCR Chairman, filed a Comment on January 28, 2000; other respondents, represented by the Solicitor General, filed a Comment on March 7, 2000. A Consolidated Reply was filed on April 24, 2000, and the case was submitted for decision.

E.O. No. 43 (November 26, 1998) created the PCCR to study and recommend amendments to the 1987 Constitution, instructing completion by June 30, 1999 (sec. 8).
E.O. No. 70 (February 19, 1999) amended the time frame, extending completion to December 31, 1999, with submission of report within 15 working days thereafter (sec. 6).
PCCR submitted its recommendations on December 20, 1999, was dissolved the same day, and had exhausted its P3 million operational fund sourced from the Office of the President.

In 1995–1996, the President purportedly created seventy positions in the Office of the President and appointed consultants, advisers and assistants, as listed in the Philippine Government Directory.
Petitioner challenges the constitutionality of such creations without alleging the enabling executive act or his personal injury.

Names and appointment copies of executive officials holding multiple positions.
List of recipients of luxury vehicles seized by the Bureau of Customs and turned over to Malacañang.

Basis of right: Section 7, Article III, 1987 Constitution and Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees).

Whether the creation of the PCCR by executive orders is constitutional and justiciable.
Whether the creation of presidential consultants, advisers and assistants by the President is constitutional and properly before the Court.
Whether petitioner is entitled to a writ of mandamus compelling Executive Secretary Zamora to furnish requested information under the constitutional right to information.