Documentos de Académico
Documentos de Profesional
Documentos de Cultura
of DTI)
September 21, 2010
Petition to declare R.A No. 8762 Unconstitutional
Abad, J:
Facts:
-
March 7 2000, Estrada signed into law RA 8762 (Retail Trade Liberalization Act of 2000).
Effects:
1.
This expressly repealed RA 1180 which prohibited foreign nationals from engaging in the retail trade business and now allows
them to:
A
<$2.5M
2.5M<7.5M
C
D
7.5M<
250k/store (high-end/luxury products)
2.
-
Allows natural-born Filipino citizens, who had lost their citizenship and now reside in the Philippines, to engage in the retail
business as if they are Filipino citizens.
Petitioners are members of the House of Representatives assailing the constitutionality on ff grounds:
1. Runs against Article 2, (9,19,20) which is to place national economy under Filipinos
2. Implementation would lead to alien control of retail trade (Alien dominance=loss of effective Fil. Control)
3. Foreign retailers like Walmart and K-mart would crush Filipino retailers and sari-sari store
4. World Bank IMF had imposed passage of this RA as condition for release of certain loans
5. It would promote monopolies or combinations in restraint of trade
Respondents:
1. Petitioners have no legal standing
a. Cannot invoke as taxpayers since the RA does not involve disbursement of public funds
b. Cannot invoke as legislators as the law does not infringe on their rights as legislators
2. No justiciable controversy
3. Said sections are not self-executing and are not judicially demandable
4. Constitution mandates regulation but not prohibition of foreign ivnestments.
Issues:
1.
2.
Whether or not petitioner lawmakers have the legal standing to challenge the constiututionality of RA 8762
Whether or not RA 8762 is unconstitutional
I.
Legal Standing
Locus Standi:
-
Personal and substantial interest in that he has suffered or will suffer direct injury as a result of the passage of that law.
He must show that he is or is about to be denied some right he is lawfully entitled
Subject to some burdens or penalties by reason of the law
NO LOCUS STANDI. But courts rule on standing can be relaxed for non-traditional plaintiffs like ordinary citizens, taxpayers, and
legislators when the case involves public interest or of transcendental important/overarching significance.
II.
Constitutionality of RA 8762
No clear showing that monopoly will be eventual since RA 8762 still imposes restrictions:
1.
2.
3.
Petitioners have not shown how retail trade liberalization prejudiced the local small and medium enterprises since its implementation about a
decade ago.