DEFINE JUDICIAL POWER.

EXPLAIN HOW THIS DEFINITION OF JUDICIAL POWER HAS ADVERSELY AFFECTED THE POLTICAL QUESTION DOCTRINE. Judicial power as provided under the 1987 Philippine constitution can be divided into parts: traditional concept and the expanded concept of judicial power. The traditional concept of judicial power include the settlement of controversies involving rights which are legally demandable and enforceable. On the other hand the expanded concept of judicial power now involves the duty of the court to determine whether there have been grave abuse of discretion amounting to lack or excess of jurisdiction in any branch or instrumentality of the government. This is considered expanded as this duty of the court encompasses jurisdiction not previously under scrutiny by the court. Hence, this expanded judicial power has adversely affected the political question doctrine since the court now has the constitutional mandate and duty to determine whether there has been grave abuse on the part or instrumentality of the government that has been previously outside the jurisdiction of the court. Both now are duties of the court to perform. BRIEFLY DISCUSS THE NATURE OF THE PARTYLIST SYSTEM. IS IT REALLY OPEN TO ALL WITHOUT QUALIFICATION The partylist system is an innovation provided under the 1987 constitution to allow and broaden the membership of the House of representatives and give active voice and opportunity to other sector include the youth, the peasants, laboreres, fishermen and other marginalized sectors of the country. Considering the existence of popular election in the country the partylist system envision to provide a mechanism for other members who are marginalized to have active participation inn legislation as a way of including those previously excluded. However, such inclusion of the marginalized sectors in the partylist system is not open to all. They are subject to certain requirements and conditions. One major qualification is that the partylist group should really represent a marginalized sector and groups should be able to prove that they are actually and lawfully created and established to be a representative of a marginalized sector and they have actual organization, membership, by laws and other relevant proof to show their actual existence. Same requirement or qualification are also asked from those nominees who will actually represent the group if ever they are accredited and acquired seats in the house of representatives. That these leaders or nominees actually belong to the marginalized and are going to serve the interest of the group he/she belongs to. IS THE LEGISLATIVE POWER EXCLUSIVELY VESTED IN THE CONGRESS? CLARIFY No, legislative power is not exclusively vested in the congress. The 1987 Philippine Constitution provides that legislative power is granted to the congress which is composed of the senate of the Philippines and the house of representatives. However, the said constitution also reserves the right of the people to propose enact or reject legislation through initiative or referendum. Hence ,the power to enact, repeal or later laws is not exclusively vested in the congress alone but it shared to some extend to the people to which sovereign authority emanates from.

BRIEFLY COMMENT ON THE SIGNIFICANCE OF THE SIGNING OF THE PRELIMINARY AGREEMENT TO END THE WAR IN THE MINDANAO BETWEEN REPRESENTATIVES OF THE PHILIPPINE GOVERNMENT AND THE MORO ISLAMIC LIBERATION IN MALACANANG A FEW DAYS AGO. THE signing of the preliminary agreement to end the war in Mindanao between the representatives of the Philippine government and the MILF is one crucial step in attaining the peace accord that has been eluded the country for several years now. As reported the preliminary agreement outlines the necessary conditions , requirements and or actions on both parties in view of having a final peace agreement. Said preliminary agreement was made due to the assistance of third parties like the intervention of the government of Malaysia and other Islamic and foreign delegations or instituions. One major outcome of the preliminary agreement is that MILF no longer wants to be separate and independent from the national government , thus ensuring and safe guarding national territory and integrity which had been the subject of a case resolved by the Supreme Court in the signing of the previous Memorandum of agreement on ancestral Domain. This stand of the MILF not to push or desire for an independent sate is one crucial factor in upholding the constitution of the land. STRUCTURE OF GOVERNMENT 1. Legislative legislative power shall be vested in the congress of the Philippines which shall consist of a senate and house of representative, except to the extend reserved to the people by the provision on initiative and referendum. 2. Executive executive power shall be vested in the president of the Philippines 3. Judicial vested in one supreme court and in such lower courts as may be established by law. PRINCIPLE OF CHECK AND BALANCES A principle followed by the government which has the objective of avoiding the concentration of powers into one branch of the government only NON DELEGATION OF POWERS General rule: what is delegated cannot be delegated Exception: .delegation to people through initiative and referendum . delegation to the president of emergency powers .power to fix tariff rates