Cruz and Europa v. Secretary of Environment and Natural Resources

[47] Mr. Justice (now Chief Justice) Hilario G. Davide, Jr., delivering the opinion of the Court, stated that: Such a right belongs to a different category of rights altogether for it concerns nothing less than self- preservation and self-perpetuation—aptly and fittingly stressed by petitioners—the advancement of which may even be said to predate all governments and constitutions. As a matter of fact, these basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind.[48] Petitioners, as citizens, possess the "public right" to ensure that the national patrimony is not alienated and diminished in violation of the Constitution. Since the government, as the guardian of the national patrimony, holds it for the benefit of all Filipinos without distinction as to ethnicity, it follows that a citizen has sufficient interest to maintain a suit to ensure that any grant of concessions covering the national economy and patrimony strictly complies with constitutional requirements. Thus, the preservation of the integrity and inviolability of the national patrimony is a proper subject of a citizen's suit. In addition, petitioners, as taxpayers, possess the right to restrain officials from wasting public funds through the enforcement of an unconstitutional statute. It is well-settled that a taxpayer has the right to enjoin public officials from wasting public funds through the implementation of an unconstitutional statute,[49] and by necessity, he may assail the validity of a statute appropriating public funds.[50] The taxpayer has paid his taxes and contributed to the public coffers and, thus, may inquire into the manner by which the proceeds of his taxes are spent. The expenditure by an official of the State for the purpose of administering an invalid law constitutes a misapplication of such funds.[51] The IPRA appropriates funds as indicated in its title: "An Act to Recognize, Protect and Promote the Rights of Indigenous Cultural Communities/Indigenous Peoples, Creating the National Commission on Indigenous Peoples, Establishing Implementing Mechanisms, Appropriating Funds Therefor, and for Other Purposes." In the same manner, Section 79 authorizes for the expenditure of public funds by providing that "the amount necessary to finance [its] initial implementation shall be charged against the current year's appropriation for the Office for Northern Cultural Communities (the "ONCC") and the Office for Southern Cultural Communities (the "OSCC"),"[52] which were merged as organic offices of the NCIP.[53] Thus, the IPRA is a valid subject of a taxpayer's suit. C. The petition for prohibition and mandamus is not an improper remedy. Prohibition is an extraordinary writ directed against any tribunal, corporation, board, officer or person, whether exercising judicial, quasi-judicial or ministerial functions, ordering said entity or person to desist from further proceedings when said proceedings are without or in excess of said entity's or person's jurisdiction, or are accompanied with grave abuse of discretion, and there is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law.[54] Mandamus, on the other hand, is an extraordinary writ commanding a tribunal, corporation, board, officer or person, immediately or at some other specified time, to do the act required to be done, when said entity or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station, or when said entity or person unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of law.[55] In this case, the petitioners pray that respondents be restrained from implementing the challenged provisions of the IPRA and its Implementing Rules and the assailed DENR Circular No. 2, series of 1998, and that the same officials be enjoined from disbursing public funds for the implementation of the said law and rules. They further ask that the Secretary of the DENR be compelled to perform his duty to control and supervise the activities