Gawaing asingkrono - pang-indibidwal 11/07/2024

Santillan_Joya vs PCGG

Santillan_Joya vs PCGG

by Eliysha Elixir Santillan -
Number of replies: 0

     In the case of Joya v. Presidential Commission on Good Government (PCGG), the petitioners sought to halt the auction of paintings and antique silverware confiscated from the Marcos family, arguing that these items had cultural value to the Philippines and should not be sold abroad. They based their argument on the 1987 Constitution's mandate to protect and preserve the nation’s cultural heritage. However, the Supreme Court ultimately dismissed their petition, determining that the petitioners did not have the legal standing required to bring the case forth, and that the issue had become moot since the auction already took place. The Court also came to the conclusion that the items in question were not classified as cultural treasures under Philippine law, which meant that the PCGG’s sale of these items was legally permissible.

     The petitioners lost the case mostly because of procedural technicalities and legal limitations rather than a judgment on the items’ cultural value. Firstly, the Court found that the petitioners did not have a "personal and substantial interest" in the case. This meant they could not demonstrate that they would suffer direct injury from the sale of the artworks, a requirement under the legal doctrine of standing. Additionally, the Court held that their claims lacked a solid legal basis, as the items were privately owned, gifted to the Marcoses by dignitaries from foreign countries, and not public property. Without evidence of official ownership by the state, the petitioners' argument that the PCGG overstepped its authority by selling public cultural assets did not hold in the eyes of the court.

     I acknowledge that the Court's decision is correct from a legal perspective, as legally, the Court followed clear requirements for standing and public ownership that limit who may challenge government actions in court. The National Museum had also certified that the paintings and silverware did not meet the criteria of protected cultural property under the Cultural Properties Preservation and Protection Act. 

     However, from a perspective focusing on cultural heritage, I personally disagree with the Court’s decision. Although the items may not have been officially classified as national treasures, their association with Philippine history could be seen as significant enough to warrant preservation within the country. In cases like this, it might be beneficial to revise existing laws to account for artworks and artifacts that have cultural or historical significance, even if they do not meet all criteria for classification as protected cultural property. In conclusion, the Joya v. PCGG case underscores the need for legal frameworks that better protect cultural assets.