aiwa vs romulo

Facts: Automotive Industry Workers Alliance (AIWA) and its affiliated unions call upon the Supreme Court to exercise its power of judicial review to declare as unconstitutional an executive order assailed to be in derogation of the constitutional doctrine of separation of powers. In an original action for certiorari, they invoke their status as labor unions and as taxpayers whose rights and interests are allegedly violated and prejudiced by Executive Order 185 dated 10 March 2003 whereby administrative supervision over the National Labor Relations Commission (NLRC), its regional branches and all its personnel including the executive labor arbiters and labor arbiters was transferred from the NLRC Chairperson to the Secretary of Labor and Employment. In support of their position, the Unions argue that the NLRC -- created by Presidential Decree 442, otherwise known as the Labor Code, during Martial Law – was an integral part of the Department (then Ministry) of Labor and Employment (DOLE) under the administrative supervision of the Secretary of Justice. During the time of President Corazon C. Aquino, and while she was endowed with legislative functions after EDSA I, Executive Order 292 was issued whereby the NLRC became an agency attached to the DOLE for policy and program coordination and for administrative supervision. On 2 March 1989, Article 213 of the Labor Code was expressly amended by Republic Act 6715 declaring that the NLRC was to be attached to the DOLE for program and policy coordination only while the administrative supervision over the NLRC, its regional branches and personnel, was turned over to the NLRC Chairman. The subject EO 185, in authorizing the Secretary of Labor to exercise administrative supervision over the NLRC, its regional branches and personnel, allegedly reverted to the pre-RA 6715 set-up, amending the latter law which only Congress can do. Alberto Romulo (in his capacity as Executive Secretary) and Patricia Sto. Tomas (in her capacity as Secretary of Labor and Employment), as represented by the Office of the Solicitor General, opposed the petition on procedural and substantive grounds.
Issue: Whether the Unions -- which contend that they are suing for and in behalf of their members (more or less 50,000 workers) –-- has the requisite standing.
Held: NO. Legal standing or locus standi is defined as a “personal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged.” For a citizen to have standing, he must establish that he has suffered some actual or threatened injury as a result of the allegedly illegal conduct of the government; the injury is fairly traceable to the challenged action; and the injury is likely to be redressed by a favorable action. Herein, the Unions have not shown that they have sustained or are in danger of sustaining any personal injury attributable to the enactment of EO 185. As labor unions representing their members, it cannot be said that EO 185 will prejudice their rights and interests considering that the scope of the authority conferred upon the Secretary of Labor does not extend to the power to review, reverse, revise or modify the decisions of the NLRC in the exercise of its quasi-judicial functions. Thus, only NLRC personnel who may find themselves the subject of the Secretary of Labor’s disciplinary authority, conferred by Section 1(d) of the subject executive order, may be said to have a direct and specific interest in raising the substantive issue herein. Moreover, and if at all, only Congress, and not the Unions herein, can claim any injury from the alleged executive encroachment of the legislative function to amend, modify and/or repeal laws. Neither can standing be conferred on the Unions as taxpayers since they have not established disbursement of public funds in contravention of law or the Constitution. A taxpayer’s suit is properly brought only when there is an exercise of the spending or taxing power of Congress. EO 185 does not even require for its implementation additional appropriation. All told, if the Court was to follow the strict rule on locus standi, the petition should be forthwith dismissed on that score. The rule on standing, however, is a matter of procedure, hence, can be relaxed for nontraditional plaintiffs like ordinary citizens, taxpayers and legislators when the public interest so requires, such as when the matter is of transcendental importance, of overarching significance to society, or of paramount public interest. However, the issue posed in the present petition did not meet the exacting standard required for the Court to take the liberal approach and recognize the standing of the Unions. The subject matter of EO 185 is the grant of authority by the President to the Secretary of Labor to exercise administrative supervision over the NLRC, its regional branches and all its personnel, including the Executive Labor Arbiters and Labor Arbiters. Its impact, sans the challenge to its constitutionality, is thereby limited to the departments to which it is addressed. Considering that the governmental act being questioned has a limited reach, its impact confined to corridors of the executive department, this is not one of those exceptional occasions where the Court is justified in sweeping aside a critical procedural requirement, rooted as it is in the constitutionally enshrined principle of separation of powers