Political Questions vs.

Legal Questions:
1.) Political Questions:
Wisdom of the legislative or other governmental branch,
morality
Left to the sovereign
Desires of the people

2.) Legal Questions:

Facts
Violations of law or policy
Rules
Legality, constitutionality

There are also times when political questions would overlap legal
questions, most especially when there is a change in the political
climate; political questions and legal questions are not entirely black
and white. The job of a lawyer is the turn political questions into legal
questions.

Death Penalty (questions):

-Is the revival of the death penalty unconstitutional? (Legal)

-Does it violate our international obligations? (Legal)

-Is the death penalty considered as a reasonable remedy to the social

ills of society? (Political)

-Were the amendments done for the benfit of the politicians? (ex.)
plunder) (Political)

-Would the reimposition of the death penalty be against Philippine

customs? (Political)

-Will the death penalty violate the constitution prohibition on cruel and
inhuman punishment? (Legal)

-Does the death penalty violate the right to life? (Legal)

-What are the philosophical underpinnings/basis of the death penalty?

(was this even discussed in the House of Congress? Did they assume a
particular philosophy beforehand?) (Political)

-Would the death penalty benefit the Filipino citizens? (Political)

-Can the reimposition of the death penalty be used in order to instill
discipline to the people? (Political)

-Do compelling reasons exist to justify the death penalty? (Legal)

(Political) subject to strict scrutiny test

-Is the death penalty a legalization of EJKs? (Political) (but by relating it

to the right of life, and whether or not it violates the constitution it
therefore becomes a legal question)

-What constitutes heinous crimes? (is there a valid classification?)

(Legal)

-How does the death penalty differ from our previous version? That
of other countries? (Political) (What happens if the re-imposition of the
death penalty is not based on facts and evidences? this therefore is
a legal question)

-Is the quantum of evidence of proof beyond reasonable doubt

sufficient? (Political)

-Do criminals lose their right to life? (Legal) (Political) --> Implied
effect, message of the law; is there a waiver of the right to life by
committing a crime?

-Will the death penalty primarily affect the poor? (Political) does it
violate the ECP?

-Does the death penalty satisfy the requirements of due process?

(Legal)

What is bias? It is a state of mind or thinking and shall affect the

way you look at things; shaped by exposure; partially or prejudice;
subjective

Activity Questions for Rubi Case:

1.) How did the majority and the dissenting opinions characterize
the Manguianes
2.) How did the majority and dissenting treat the Crook case?
3.) What accounts for the difference in applying the EPC?