Title
Lozano vs. Nograles
Case
G.R. No. 187883
Decision Date
Jun 16, 2009
Petitioners challenged House Resolution No. 1109, seeking nullification for alleged constitutional violations. Supreme Court dismissed, citing lack of justiciability, ripeness, and standing.

Case Digest (G.R. No. 187883)
Expanded Legal Reasoning Model

Facts:

  • Parties
    • Petitioners: Atty. Oliver O. Lozano and Atty. Evangeline J. Lozano-Endriano; Louis “Barok” C. Biraogo, in their capacities as concerned citizens and taxpayers.
    • Respondent: Speaker Prospero C. Nograles, Representative, Majority, House of Representatives.
  • Subject Matter
    • House Resolution No. 1109, entitled “A Resolution Calling upon the Members of Congress to Convene for the Purpose of Considering Proposals to Amend or Revise the Constitution, Upon a Three-fourths Vote of All the Members of Congress.”
    • No actual constitutional convention convened; no proposals or rules adopted; no allocation or disbursement of public funds.
  • Procedural History
    • Two petitions filed: G.R. No. 187883 and G.R. No. 187910, praying for nullification of HR No. 1109 and for declaratory relief on Section 1, Article XVII of the 1987 Constitution.
    • Resolution rendered by the Supreme Court, En Banc, June 16, 2009, dismissing the petitions for lack of justiciability.

Issues:

  • Justiciability
    • Whether the petitions present an actual case or controversy cognizable by the Court.
    • Whether the petitions are ripe for judicial review.
  • Standing (Locus Standi)
    • Whether petitioners, as taxpayers and citizens, suffered a personal injury or hardship sufficient to confer standing.
    • Whether the “transcendental importance” doctrine applies to grant standing.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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