VELARDE
vs. SOCIAL JUSTICE SOCIETY
DECISION
PANGANIBAN, J.:
The Case
The Issues
A. Procedural Issues
B. Substantive Issues
1. Did the RTC Decision conform to the form
and substance required by the
Constitution, the law and the Rules of
Court?
Procedural Issues:
Requisites of Petitions
for Declaratory Relief
Justiciable Controversy
separation clause.
Such premise is highly speculative and merely
theoretical, to say the least. Clearly, it does not suffice
to constitute a justiciable controversy. The Petition
does not even allege any indication or manifest intent
on the part of any of the respondents below to
champion an electoral candidate, or to urge their so-
called flock to vote for, or not to vote for, a particular
candidate. It is a time-honored rule that sheer
speculation does not give rise to an actionable right.
Obviously, there is no factual allegation that SJS
rights are being subjected to any threatened,
imminent and inevitable violation that should be
prevented by the declaratory relief sought. The
judicial power and duty of the courts to settle actual
controversies involving rights that are legally
demandable and enforceable cannot be exercised
[23]
Cause of Action
Transcendental Importance
the IBP had no locus standi to bring the suit, the Court
in IBP v. Zamora nevertheless entertained the
[47]
so wish.
Thereafter, the case shall be set for trial, in [74]
x x x x x x x x x.
We cannot agree.
In Magdalena Estate, Inc. v. Caluag, the [96]
Parts of a Decision