CA dismisses bid to declare PCGG illegal

MANILA, Philippines–The Court of Appeals dismissed the petition seeking to declare as illegal Executive Order No. 1 that created the Presidential Commission on Good Government (PCGG).

In a nine-page decision, the appeals court 14th division written by Associate Justice Elihu Ybañez said it cannot act on the petition filed by father and daughter lawyers, Oliver and Evangeline Lozano.

Court of Appeals building. FILE PHOTO

The Lozanos went to the appeals court after their case was dismissed by the Quezon City Regional Trial Court in 2008.

The appeals court said the petition lacks merit.

It added that there is no actual controversy that would warrant declaring the creation of PCGG as illegal.

“(I)t is easily discernible that the instant petition is devoid of merit,” the appeals court said.

“We cannot sweep aside critical requirements rooted in judicial self-restraint mandated by the constitutionally enshrined principle of separation of powers,” it added.

The appeals court added that the Lozanos have no legal standing to file the case.

Aside from Justice Ybanez, the decision was concurred by Associate Justices Manuel Barrios and Victoria Isabel Paredes.