• Creation of PCGG is legal, CA rules

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    THE Court of Appeals (CA) has ruled that the creation of the Presidential Commission on Good Government (PCGG) by the late President Cory Aquino is constitutional.

    The CA junked the petition filed by father and daughter Oliver and Evangeline Lozano questioning the legality of Executive Order No. 1 which created the PCGG whose main task was to go after the ill-gotten wealth of the Marcoses and their cronies.

    The CA Special 14th Division, in a decision penned by Associate Justice Elihu Ybanez, affirmed the findings of the Quezon City Regional Trial Court (RTC) on August 6, 2008 and September 5, 2008, respectively, dismissing the petition filed by the Lozanos.

    The CA opined that it cannot act on the judicial review sought by the petitioners for lack of merit.

    “(I)t is easily discernible that the instant petition is devoid of merit since the first two fundamental requisites for the exercise of judicial review in cases involving the constitutionality of a presidential issuance are absent. We cannot sweep aside critical requirements rooted in judicial self-restraint mandated by the constitutionally enshrined principle of separation of powers,” the Appellate court said.

    Justices Manuel Barrios and Victoria Isabel Paredes concurred with the decision.

    “In the instant case, the petitioners merely postulated that the controversy is not pretended and the judgment will have a practical legal effect or value. Other than this conjectural claim, the petition does not present any statement of actual violation of their rights or direct injury from the implementation of the subject issuance that would qualify them for relief from this Court,” the court said.

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