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Decision 28<br />
G.R. Nos. 171396,<br />
171400<br />
171409, 171424, 171483<br />
171485, 171489<br />
pursuing her occupation. Her submission that she has pending electoral<br />
protest before the Presidential Electoral Tribunal is likewise of no relevance.<br />
She has not sufficiently shown that PP 1017 will affect the proceedings or<br />
result of her case. But considering once more the transcendental importance<br />
of the issue involved, this Court may relax the standing rules.<br />
It must always be borne in mind that the question of locus standi is<br />
but corollary to the bigger question of proper exercise of judicial power.<br />
This is the underlying legal tenet of the “liberality doctrine” on legal<br />
standing. It cannot be doubted that the validity of PP No. 1017 and G.O.<br />
No. 5 is a judicial question which is of paramount importance to the Filipino<br />
people. To paraphrase Justice Laurel, the whole of Philippine society now<br />
waits with bated breath the ruling of this Court on this very critical matter.<br />
The petitions thus call for the application of the “transcendental<br />
importance” doctrine, a relaxation of the standing requirements for the<br />
petitioners in the “PP 1017 cases.”<br />
This Court holds that all the petitioners herein have locus standi.<br />
Incidentally, it is not proper to implead President Arroyo as<br />
respondent. Settled is the doctrine that the President, during his tenure of<br />
office or actual incumbency, 67 may not be sued in any civil or criminal case,<br />
and there is no need to provide for it in the Constitution or law. It will<br />
degrade the dignity of the high office of the President, the Head of State, if<br />
he can be dragged into court litigations while serving as such. Furthermore,<br />
it is important that he be freed from any form of harassment, hindrance or<br />
distraction to enable him to fully attend to the performance of his official<br />
duties and functions. Unlike the legislative and judicial branch, only one<br />
constitutes the executive branch and anything which impairs his usefulness<br />
in the discharge of the many great and important duties imposed upon him<br />
by the Constitution necessarily impairs the operation of the Government.<br />
67<br />
From the deliberations of the Constitutional Commission, the intent of the framers is clear that<br />
the immunity of the President from suit is concurrent only with his tenure and not his term. (De Leon,<br />
Philippine Constitutional Law, Vol. 2, 2004 Ed., p. 302).