basis? Discuss. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable and to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. Judicial review is based on the separation of powers of the government (Section 1 Art. VIII). The legislature is vested with the power to enact laws; the executive branch, the power to execute laws; and the judiciary, the power to review statutes and acts of the executive branch. The power of judicial review is part of the principle of checks and balances enshrined in the constitution. 2. What are the requisites for judicial review? The following are the requisites for judicial review: a. An actual case or controversy. The case must not be moot or academic. A justiciable controversy is one that involves rights that are demandable and enforceable. There must be a contrariety of legal rights that can be interpreted and enforced on the basis of existing law and jurisprudence. An action for declaratory relief therefore does not come within the category of an actual case or controversy. b. A proper party. A proper party is one who has sustained or will sustain or is in immediate danger of sustaining an injury as a result of the act complained of. c. Ripeness. Constitutional question must be raised at the earliest possible opportunity, such that if it were not raised in the pleadings, it cannot be considered at the trial, and if it cannot be considered at the trial, it cannot be considered on appeal. d. The necessity of deciding constitutional question. The courts will, as much as possible, avoid the decision of a constitutional question due to the doctrine of separation of powers which enjoins upon the other branches a proper respect for the acts of the other branches. Thus, there is a presumption of constitutionality. The theory is that, a law is supposed to have been carefully studied and determined to be constitutional before it was finally enacted. So for as long as there is another way of resolving the issue, the courts will always decline to decide on the unconstitutionality of the case. In the event that there is no other way to resolve the issue, the resolution of the case must the very lis mota of the controversy.
3. What is a political question? Is the defense of political question still
available under the 1987 constitution? Discuss. A political question involves an issue of policy. And policy is the realm of the legislature and the executive branches. It is still available for defense for as long as it does not involve issues that are of transcendental importance. Whenever a controversy involves issues that are of transcendental importance, the courts may take cognizance of the case because it is the duty of the courts. 4. May the SC review the constitutionality or validity of an act even if the issue is moot and academic? Discuss. The Supreme Court may decide to review the constitutionality of an act even if the issue is moot and academic if it is capable of repetition. The case of Sanlakas vs. Executive Secretary is illustrative of this. The issue in this case is whether or not Presidential Proclamation #407, which declared a state of emergency because of the Oakwood mutiny, and General Order #4, which order the Armed Forces of the Philippines and the Philippine National Police to take measure to quell the rebellion, is unconstitutional. Even after the president lifted said proclamation, the Supreme Court decided to pass on the issue because it has the capability of repetition. 5. What are the principles for constitutional construction?. Discuss each one. The following are the principles for constitutional construction: a. Chief among the canons of constitutional construction is that the constitution should be construed as to give way to the intendment of the framers. The intention is discoverable in the document itself or through the use of extrinsic aids such as records of the constitutional convention or commission. (Ratio legis) b. That the constitution must be construed not only in the light of the conditions obtaining at the time of its adoption but more so of the changes that inevitably transpires in the present and in the future. c. In case of doubt, the constitution must be considered as selfexecuting and mandatory. A self executing rule provision is a rule that by itself is directly or indirectly applicable without the need of statutory implementation. The provisions in the bill of rights will be an example. A contrary rule will give the legislature the discretion when the provisions will become effective thus becoming subordinate to the will of the lawmakers. In the absence of a rule to the contrary, the provisions of the constitution should be regarded as mandatory. As a rule therefore, whenever the language used in the constitution is prohibitory, it is to be understood as intended to
be a positive and unequivocal negation. And when it grants power,
it is intended as a mandate and not a mere direction. (Verba legis) d. Ut Magis Valeat Quam Pereat. The constitution must be read as a whole. 6. When will a person have standing to challenge the constitutionality of an act? Is having locus standi the same as being the real party in interest? Discuss. Locus standi means legal standing. A person will have standing to challenge the constitutionality of an act when he is injured by the assailed act or in danger of incurring injury by the implementation of the act. Real party in interest would be the party who will be directly affected adversely or benefitted by the act. In the sense that the real party in interest is also the party that may benefit from the assailed act, it will not be the same as those with locus standi. 7. When will a) citizen b) taxpayer c) voter d) senator or congressman and e) association have locus standi? Discuss each. a. A citizen will have locus standi if the controversy involves a right granted by the constitution to all citizens of the Philippines. An example would the right to information. The case of Chaves vs. PEA and AMARI. The issue in this case is whether or not the people has the right to be informed of the negotiations between the Public Estates Authority and AMARI and also, whether or not the contract between PEA and AMARI unconstitutional because it alienate lands belonging to the public domain to an entity prohibited by the constitution. On these issues a citizen will have legal standing. b. A taxpayer will have standing on issues involving illegal expenditures of public funds. The case of ITF vs. COMELEC is illustrative. The issue is whether or not COMELEC violated its own rules in awarding the contract to automate the canvassing of election returns to an unqualified bidder. Since public funds are to be used in this contract, any taxpayer will have legal standing in this case. c. A voter will have legal standing on issues involving the right of suffrage. d. A senator or a congressman will have legal standing if the controversy involves the prerogatives of the congress. The case of Ople vs. Torres is illustrative. The issue is whether or not AO 308 which establishes a national computerized identification reference system is an usurpation of the power of congress to legislate. 8. What are deferential review, intermediate review and strict scrutiny? Discuss each.
a. In deferential reviews, laws are upheld if they rationally upheld a
legitimate governmental interest; b. Intermediate review means the substantiality of government interest are seriously looked into and the availability of less restrictive alternatives are considered. c. Strict scrutiny is a standard of judicial review for determining the quality and amount of governmental interest brought to justify the regulation of fundamental freedoms. They are used to test the validity of laws dealing with speech, race and gender. 9. What is a facial challenge? What are the void for vagueness and overbreath doctrines? When are these available in litigation? Discuss. a. A facial challenge challenges the validity of an statute on its face as against to as applied. The grounds are the void for vagueness and overbreath doctrines. b. The void for vagueness doctrines provides that when a statute lacks comprehensible standards that men of ordinary intelligence must necessarily guess at its meaning and differ in its application. In this instance, the statute is repugnant to the constitution because if violated due process for failing to provide fair warning to people as to what conduct to avoid and it leaves law enforcers unbridled discretion in carrying out its provisions. c. The overbreath doctrine decrees that a governmental purpose may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms. 10. How may the constitution be amended under the 1987 constitution? Discuss the various processes and requirements for each one. The constitution may be amended through the following manners: a. By a constitutional convention. Congress may call for a constitutional convention to draft proposals for the amendment of the constitution. In this manner, congress shall pass a law calling for the election of representatives of the people based on the established congressional districts. The members of the convention then shall write the proposals which shall be submitted to the people in a plebiscite. The people may vote to ratify or reject the proposals. b. By congress sitting as a constituent assembly. By two-third vote of each house of congress voting separately, congress may convene itself as a constituent assembly. As such, the assembly may draft proposals to amend the constitution. The proposals then will have to
be submitted to the people in a plebiscite. The people may vote to
ratify or reject the proposals. c. By peoples initiative. The constitution provides; Amendment to the constitution may likewise be proposed by the people through initiative upon a petition of at least 12 per centum of all registered voters, of which every legislative district must represented by at least 3 per centum of voters registered therein. When congress shall have enacted a law providing for a system of peoples initiative to amend the constitution, the people may directly propose amendment. Proposals must be submitted to the people in a plebiscite. The people may vote to ratify or reject the proposals.