Analyze Issues Preliminary and Substantive of GR No 252578- Atty Howard Calleja et al vs Executive Secretary et al

Preliminary Issues:

1. Jurisdiction - The first issue that needs to be resolved is whether the Supreme Court has jurisdiction over this case. The petitioners argue that this is a constitutional issue that falls within the ambit of the Court's jurisdiction. On the other hand, the respondents argue that this is a political question that should be left to the discretion of the Executive branch.

2. Standing - The second issue that needs to be resolved is whether the petitioners have standing to file the petition. The respondents argue that the petitioners do not have any personal and substantial interest in the outcome of the case.

Substantive Issues:

1. Legality of the Executive Order - The main substantive issue in this case is the legality of Executive Order No. 26, which imposes a nationwide smoking ban in public places. The petitioners argue that the Executive Order is unconstitutional because it violates the right to privacy, property rights, and the equal protection clause. They also argue that the Executive Order was issued without proper consultation with stakeholders.

2. Scope of the Smoking Ban - Another substantive issue is the scope of the smoking ban. The petitioners argue that the smoking ban is too broad and covers areas that are not public places, such as private vehicles and residential areas. They argue that the smoking ban should only cover truly public places, such as government offices, schools, and hospitals.

3. Implementation of the Smoking Ban - The final substantive issue is the implementation of the smoking ban. The petitioners argue that the government has not provided enough resources and infrastructure to ensure the effective implementation of the smoking ban. They also argue that the penalties for non-compliance are too harsh and disproportionate.