5 Paguia vs Office of the President

Facts:
Paguia filed an original action for the issuance of writ of certiorari to
invalidate the nomination of Justice Davide as the Permanent Representative
of the Philippines to the United Nations. Petitioner argues that the age of
Davide at the time of his appointment, being at 70, disqualifies him to hold
his post because the mandatory retirement age of all officers and employees
of the DFA is 65 citing sec 23 of RA7157. However, the action was dismissed
because of Paguias lack of capacity to sue. Paguia being suspended to
practice law;
Issue:
Whether or not Paguia has lack of capacity to sue?
Ruling:
Yes. Paguia has lack of capacity to sue.
Petitioners suspension from the practice of law bars him from performing
any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience. Certainly, preparing a
petition raising carefully crafted arguments on equal protection grounds and
employing highly legalistic rules of statutory construction to parse Section 23
of RA 7157 falls within the proscribed conduct.