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Aside from statute, what can be used as authority in advancing an

argument?
Other than statutes, the following can be used to advance an argument:
Commentaries, periodicals, articles, and treatises are referenced by citing
them as follows:
1. Commentaries - Single author: (Salonga, Philippine Law on Evidence,
3rd Ed. (1964), p. 39); 2. Several authors: (Noblejas, et al., Registration of
Land Titles and Deeds, 1992 Rev. Ed., p. 561);
3. Treatises: (Wigmore on Evidence, Rev. Ed., 1961, § 2252);
4. Law Journal Articles/Periodicals: (Schoenfeld, The “Stop and Frisk” Law
is Unconstitutional, Syracuse Law Rev., Vol. 17, No. 4 (Summer, 1966), 627,
633).
Why is it stated that the judiciary court is the weakest?
In our system of government, it is the Judicial department or branch which
is regarded as the ultimate guardian of the constitution.
Judicial Review: The power of the courts to test the validity of executive and
legislative acts in light of their conformity with the Constitution. This is not
an assertion of superiority by the courts over the other departments, but
merely an expression of the supremacy of the Constitution [Angara v.
Electoral Commission, 63 Phil. 139]. The duty remains to assure that the
supremacy of the Constitution is upheld [Aquino v. Enrile, 59 SCRA 183].
The power is inherent in the Judicial Department, by virtue of the doctrine
of separation of powers.
a) That duty is part of the judicial power vested in the courts by an express
grant under Sec. 1, Art. VIII of the Constitution which states: “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 a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of Government” [Bondoc v. Pineda, 201 SCRA 792].
b) Explicit constitutional recognition of the power is also found in Sec. 4(2),
Art. VIII, which provides, among others: “ x x x all cases involving the
constitutionality of a treaty, international or executive agreement, or law
which shall be heard by the Supreme Court en banc, including those
involving the constitutionality, application or operation of presidential
decrees, proclamations, orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of a majority of the
Members who actually took part in the deliberation on the issues in the case
and voted thereon”.

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