Case Digest (G.R. No. 92013) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Laurel v. Garcia (G.R. No. 92013) and Ojeda v. Macaraig (G.R. No. 92047), decided en banc on July 25, 1990, petitioners Salvador H. Laurel and Dionisio S. Ojeda sought prohibition (and, in Ojeda’s case, mandamus) to enjoin respondents Ramon T. Garcia (Asset Privatization Trust), Raul Manglapus (Foreign Affairs), and Catalino Macaraig (Executive Secretary) from proceeding with public bidding on the 3,179-sqm lot at 306 Roppongi, 5-Chome Minato-ku, Tokyo, Japan, scheduled for February 21, 1990. Acquired under the 1956 Reparations Agreement (Rep. Act No. 1789) as the site of the Philippine Embassy, the property had lain unused since 1976. President Corazon C. Aquino issued Executive Order No. 296 (July 25, 1987) to allow sale, lease, or disposition of the Roppongi and three other Japan-based reparations properties to non-Filipinos. After failed bidding attempts in 1989, petitioners secured a temporary restraining order on February 20, 1990 and consolidated their petitions. Respo Case Digest (G.R. No. 92013) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Procedural History
- Two consolidated petitions for prohibition (G.R. Nos. 92013 and 92047) filed by Salvador H. Laurel and Dionisio S. Ojeda seeking to enjoin bidding for the sale of the Roppongi property in Tokyo; temporary restraining order issued February 20, 1990.
- Petitioner Ojeda additionally sought a writ of mandamus to compel full public disclosure of the bidding basis and procedures.
- Respondents moved repeatedly for extensions to file comments; cases were consolidated March 27, 1990, and ultimately resolved together.
- Origin and Characteristics of the Property
- Under the 1956 Reparations Agreement with Japan, the Philippines acquired four properties in Japan, including:
- Roppongi (3,179 sqm) – site of the former Philippine Embassy Chancery;
- Nampeidai (2,490 sqm) – current site of the Philippine Embassy Chancery;
- Kobe commercial (765 sqm) – used as warehouse/parking;
- Kobe residential – presently vacant.
- Roppongi was procured for diplomatic use under Reparations Contract No. 300 (June 27, 1958) and remained undeveloped after embassy relocation in 1976 due to lack of repair funds.
- Proposals and Executive Actions
- 1985–1988: Proposal to lease the site to Kajima Corporation in exchange for building construction; never approved.
- Administrative Orders No. 3, 3-A to 3-D (Aug. 1986) created a committee to study disposition/utilization of Japanese government properties.
- Executive Order No. 296 (July 25, 1987) removed nationality restrictions under Rep. Act No. 1789, making properties available for sale, lease, or disposition to non-Filipino citizens/entities.
- Public bidding for Roppongi set twice at a US$225 million floor price; first failed for lack of qualified bidders; second postponed and restrained by this Court for scheduled February 21, 1990 bidding.
Issues:
- Authority and Classification
- Whether the Roppongi property and similar reparations properties can be alienated by the Philippine Government.
- Whether the Chief Executive and her agents have authority to sell Roppongi.
- Constitutional and Procedural Challenges (Ojeda)
- Validity of Executive Order No. 296 in allowing sale to non-Filipino citizens/entities, allegedly violating constitutional provisions on patrimony, economic franchise preference, and public disclosure.
- Alleged discrimination in bidding procedures against Filipino citizens/entities for lack of timely, accessible information.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)