The concept of legal standing is similar to the concept of "interest" in private suits: it refers to "a present substantial interest", not a mere expectancy or a future, contingency, subordinate, or consequential interest." Thus, under the Rules of Court, actions must be prosecuted or defended in the name of the real party-in-interest.

"FOR TOMORROW SHALL CAST MYRIAD OF MIGHTY STORMS THAT ONLY THOSE WITH FIRM DETERMINATION AND UTOPIAN VISION DO SURVIVE"

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CESB, et al v. CSC, et al (March 7, 2017)

The Career Executive Service Board (CESB) cannot in the guise of enforcing and administering the policies of the Third Level, validly impose qualifications in addition to what the law prescribe. It cannot add another layer of qualification requirement which is not otherwise specified in the statutes. In promulgating the assailed resolution (CESB Resolution No. 918), which sets out additional qualifications for the subject positions in the Public Attorneys Office (PAO), the CESB has overstepped the bounds of its authority. Positions in the PAO that do not require Third Level Eligibility and CESO rank for purposes of tenurial security: (a) Chief Public Attorney; (b) Deputy Chief Public Attorneys; (c) Regional Public Attorneys; (d) Assistant Regional Public Attorneys.

The case involves the classification of positions belonging to the Career Executive Service (CES) and the qualifications for these posts, which matters are clearly within the scope of the powers granted to the CESB under the Administrative Code and the Integrated Reorganizational Plan. However, this fact alone does not push the matter beyond the reach of the Civil Service Commission (CSC). To require the occupants of the subject PAO positions to possess Third Level Eligibility would be to amend the law and defeat its spirit and intent. It would be improper for the CESB to impose this additional qualification as a pre-requisite to permanent appointments. To do so would amend and overrule Congress.

Land Valuation on CARP covered land

Be reminded that although the potential use of an expropriated property may be factored in, especially in instances where there is a significant improvement in the locality of the expropriated property, that factor, however, should not be the controlling component in the determination of just compensation. Otherwise, it will run afoul on the well-settled principle that the fair market value of an expropriated property is determined essentially by its character and its price at the time of the taking, not by its potential use.

Jurisdiction

For the DAR Adjudication Board, Regional Adjudicators & Provincial Adjudicators to acquire jurisdiction over a case, there must be a prima facie showing that there is a tenurial arrangement or tenancy relationship between the parties. The essential requisites of a tenancy relationship are the key jurisdictional allegations that must appear on the face of the complaint.