Saturday, December 1, 2012

CASE DIGEST: Gonzales vs. Hechanova, et. al.


(1963)

FACTS:

            Respondent Executive Secretary Rufino G. Hechanova authorized an importation of tons foreign rice. Such act is being questioned by petitioner Ramon Gonzales, a rice planter and president of the Iloilo Palay and  Corn Planters Association, for being violative of a particular statute which proscribes importation of rice and corn by government agencies.

            Respondents aver that petitioner as a rice planter does not give him sufficient interest to file herein petition.

ISSUE:

            Whether or not petitioner is a real party in interest.

HELD:

            Yes. “ x  x  x, [S] ince the purchase of said commodity will have to be effected with public funds mainly raised by taxation, and as a rice producer and landowner, petitioner must necessarily be a taxpayer, it follows that he has sufficient personality and interest to seek judicial assistance with a view to restraining what he believes to be an attempt to unlawfully disburse said funds.”
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