Further it appears that lozada had already filed

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Further, it appears that Lozada had already filed before the DOJ a Complaint charging respondents with kidnapping and attempted murder, docketed as I.S. No. 2008- 467. Thus, if the Complaint filed before the DOJ had already progressed into a criminal case, then the latter action can more adequately dispose of the allegations made by petitioners. After all, one ultimate objectives of the writ of amparo as a curative remedy is to facilitate the subsequent punishment of perpetrators. On the other hand, if there is no actual criminal case lodged before the courts, then the denial of the Petition is without prejudice to the filing of the appropriate administrative, civil or criminal case, if
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POLITICAL LAW CASE DIGESTS 10 applicable, against those individuals whom Lozada deems to have unduly restrained his liberty. Finally, with respect with the interim reliefs sought by petitioners, this Court, in Yano v. Sanchez, declined to grant the prayer for the issuance of a TPO, as well as Inspection and Production Orders, upon a finding that the implicated public officials were not accountable for the disappearance subject of that case. Analogously, it would be incongruous to grant herein petitioners’ prayer for a TPO and Inspection and Production Orders and that at the same rule that there no longer exists any imminent or continuing threat to Lozada’s right to life, liberty and security. Thus, there is no basis on which a prayer for the issuance of these interim reliefs can be anchored.
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POLITICAL LAW CASE DIGESTS 11 LAWYERS AGAINST MONOPOLY AND POVERTY (LAMP) v. THE SECRETARY OF BUDGET AND MANAGEMENT G.R. No. 164987, April 24, 2012 En banc; Mendoza, J. DOCTRINE: Constitutional Law; Presumption of constitutionality; Every statute is presumed valid. The presumption is that the legislature intended to enact a valid, sensible and just law and one which operates no further than may be necessary to effectuate the specific purpose of law. Every presumption should be indulged in favor of the constitutionality and the burden of proof is on the party alleging that there is a clear and unequivocal breach of the Constitution. To justify the nullification of the law or its implementation, there must be a clear and unequivocal, not a doubtful, breach of the Constitution. In case of doubt in the sufficiency of proof establishing unconstitutionality, the Court must sustain legislation because “to invalidate [a law] based on . . . baseless supposition is an affront to the wisdom not only of the legislature that passed it but also of the executive which approved it”. This presumption of constitutionality can be overcome only by the clearest showing that there was indeed an infraction of the Constitution, and only when such a conclusion is reached by the required majority may he Court pronounce, in the discharge of the duty it cannot escape, that the challenged act must be struck down.
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