THE LIGA NG MGA BARANGAY NATIONAL, petitioner, vs. THE CITY MAYOR OF MANILA, HON. JOSE ATIENZA, JR., and THE CITY COUNCIL OF MANILA, respondents. G.R. No. 154599, January 21, 2004.
” Second,
although the instant petition is styled as a petition for certiorari, in
essence, it seeks the declaration by this Court of the unconstitutionality or
illegality of the questioned ordinance and executive order. It, thus, partakes
of the nature of a petition for declaratory relief over which this Court has
only appellate, not original, jurisdiction.14 Section 5, Article VIII of the
Constitution provides:
Sec. 5. The Supreme Court shall have the
following powers:
(1) Exercise original jurisdiction over cases
affecting ambassadors, other public ministers and consuls, and over petitions
for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or
affirm on appeal or certiorari as the law or the Rules of Court may provide,
final judgments and orders of lower courts in:
(a) All cases in which the constitutionality
or validity of any treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance, or regulation
is in question. (Italics supplied).
As such, this petition must necessary fail,
as this Court does not have original jurisdiction over a petition for
declaratory relief even if only questions of law are involved.15”
