Sept 3

Tuesday, 3 September 2019 6:06 PM

Does not mandate regulation or pginiotn

Must how that monopoly exists

Judicial power > Judicial review

Judicial review - determine constitutionality
Expanded judicial review - determine grave abuse of discretion, always tested against
constitutional backdrop
Judicial review =/= assertion of judicial supremacy
Judicial review == assertion of constitutional supremacy

Political questions

Political questions refer "to those questions which, under the constitution, are to be decided by
the people in their sovereign capacity, or in regard to which full discretionary authority has bee
delegated to the legislative or executive branch of the government. It is concerned with issues
dependent upon the wisdom, not legality of a particular measure."

= It may be answered by the people in the exercise of the sovereign capacity or any question
when full discretion is given to any branch of government.

Estrada vs. Arroyo

- Petitioner estrada elected President while responded Arroyo was elected VP
- Chavit Singson, Accused Estrada of receiving millions of pesos from jueteng lords
- Dramatic events calling for Estrada's resignation
- Eventually, Estrada issued a statement that he is stepping down for the nations healing.
- Arroyo sworn in and started performing official functions.
- Petitioner estrada alleges that he is the president on leave
- Respondent GMA claims she is the president.
ESTRADAS QUO WARRANTO PETITTION
He prayed for judgjen t…

Issue:
- Did estrada resign as president?
- Was estrada only temporarily unable to act as president?
y
en
ESTRADAS QUO WARRANTO PETITTION
He prayed for judgjen t…

Issue:
- Did estrada resign as president?
- Was estrada only temporarily unable to act as president?
- Should arroyo be considered only to be in can acting capacity?

Arroyos argument: it is a political question

The case assails the legitimacy of the arroyo admin: they stess that respondent arroyo ascende
the presidency through people power, an expression of people's will, beyond the power of the
court to ascertain.

Reliance on Lawyers league v. aquino that the legitimacy of government installed as a result of
successful revolutions by the sovereign people is a political question.

COURT: STANDARD FOR POL QUES

Political question refer "to those questions which, under the constitution, are to be decided by
the people in their sovereign cappacituy..

ISSUES AT HAND: Constitutional

The principal issues for resolution require the proper interpretation of certain provisions in the
1987 constitution, notably Sec Article 7 and Sec 8 of Art 7 and the allocation of governmental
powers under section 11 of article 7.

EDSA 1
- Exercise of the people power of revolution which overthrew the whole government
- Extra constitutional and the legitimacy of the new government that resulted from it cann
be the subject of judicial review.
- Freedom constitution declared that the aquino govt was installed through a direct exercis
of the power of the filipino people "in defiance of the provision of the 1973 const, as
amended."

EDSA 2
- Exercise of people of freedom speech and freedom of assembly to petition the
government for redress of grievances which only affected the office of the president.
- Intra constitutional ad the resignation of the sitting president that it caused and the
succession of the VP as president are subject to judicial review
- In her oath, she categorically swore to preserve and defend the 1987 constitution.

EFFECT OF REVOLUTIONARY GOVERNMENT

- The legitimacy of a government sired by a successful revolution by people power is beyon
the judicial scrutiny for that government automatically orbits out of the constitutional
 - Exercise of people of freedom speech and freedom of assembly to petition the
government for redress of grievances which only affected the office of the
president.
- Intra constitutional ad the resignation of the sitting president that it caused and
the succession of the VP as president are subject to judicial review
- In her oath, she categorically swore to preserve and defend the 1987
constitution.

EFFECT OF REVOLUTIONARY GOVERNMENT

- The legitimacy of a government sired by a successful revolution by people
power is beyond the judicial scrutiny for that government automatically orbits
out of the constitutional loops.

IBP vs Zamora

The president, verbal directive, ordered the pNP and the marines to conduct join
visibility patrols for the purpose

Petitioners IBPs argument: IBP questions the basis for the calling of the marines under
the afforested provision. According to the IBP, no emergency exists that would justify
the need for the calling of the military to assist the police force. It contends

Respondents OSG's Argument

Sol Gen, contends that the issue of pertaining to the necessity of align the armed
forces is not proper for judicial review
ISSUE: is the presidents determination of the factual basis for calling out the armed
forces a political question?

DECISION: NO
SC said it’s a justiciable question. When the grant of power is qualified, conditional or
subject to limitations, the issue of whether the prescribed qualifications or conditions
have been met or the limitations respected, is justiciable - the problem being one of
legality or validity, not its wisdom.

Art 7 sec 18
The president…. Whenever it becomes necessary, lawless violence..

Pol Ques, subject to jud rev

When pol ques are involved, the consti limits the determination as to whether or not
there has been a grave abuse of discretion amounting to lack or excess of jurisdiction
on the par of the official whose action is being questioned.

Grave abuse of discretion

Capricious or whimsical exercise of judgment that is patent abnd fross as to amount
When pol ques are involved, the consti limits the determination as to whether or not
there has been a grave abuse of discretion amounting to lack or excess of jurisdiction
on the par of the official whose action is being questioned.

Grave abuse of discretion

Capricious or whimsical exercise of judgment that is patent abnd fross as to amount
to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law, or
to aact at all..

When the president calls the armed forces…. SECTION 18 art 7

Burden of petitioner
Show that the prsidents decision is totally bereft of factual basis.(find in case and
copy paste)

The present petition fails to discharge such haevy burden as there is no evediene to
support…..

In the performance of this courts duty of "purposeful hesitation" before decalring an

at anot

FRANCISCO VS…

PETITIONERS ARGUMENT
ONE YEAR BAN UNCONSTITUTIONAL

RESPONDENTS: Pol Ques

HR shall have the exclusive power to intital
The senate shall have the sole power to try and decide all cases of impeact

The congress shall prumulgate

What is pol question?
A question of policy

Constituonal issue on interpretation of initiate

Is it possible tht pol ques are obligatid?

Primulgating rules on impeachement = plitical question

But what if there is grave abuse in promulgating the rules?
1987 consti = review the exercise of discretion!
Thus, if all forms of exercsise of discretion may be reviewed whther it is attended by
grave abuse, are political questions now obliterated?
Primulgating rules on impeachement = plitical question
But what if there is grave abuse in promulgating the rules?
1987 consti = review the exercise of discretion!
Thus, if all forms of exercsise of discretion may be reviewed whther it is attended by
grave abuse, are political questions now obliterated?

FR BERNAS, MR CONCEPCION

Two species of political questions : 1truly political questions 2) not truly political
questions
Sec 1 Art 8 does not define what are justiciable pol and non justiciable pol ques,

In our jurisdiction, the determination of a justiciable political question from a non-

justiciable pol ques lies in the answer to the question of whether there are
constitutionally imposed limits on powers or function conferred upon political bodies

If there are, then our courts are duty-bound to examine whether the branch or
instrumentality of the government properly acted within such limits. This court shall
thus now apply this standard to the present controversy

TIP:
Do not use justiciable PQ because it is an oxymoron.

Its justiciable because while the wisdom behind the exercise of discretion is a question
of policy, thus political, expanded judicial review allowed the court to determine
whether in the exercise of discretion, there is grave abuse, amounting to lack or
excess of jurisdiction.'

Justiciable question - legality of constitutionality

PQ - by the people or full discretion
PQ - wisdom not legality r constitutionality
EJR =/= obliteration of PQ or Exercise of discretion
EJR = only tests GADALEJ
GADALEJ - is there constitutional limits to exercise of discretion?
TPQ= discretion without constitutional limits

Functions of judicial review

- Checking function
○ The judiciary can check If the acts
§ IBP v ZAMORA
- Legitimating function
○ The judiciary can stamp legitimacy into the doubtful status of
Functions of judicial review
- Checking function
○ The judiciary can check If the acts
§ IBP v ZAMORA
- Legitimating function
○ The judiciary can stamp legitimacy into the doubtful status of
governmental acts in order to erase all doubts as to its constitutionality
§ Estrada vs. Arroyo
- symbolic function
○ The court also has the duty to formulated guiding and controlling
constitutional principles, precepts, doctrines, or rules. It has the symbolic
function of educating bench and bar on the extent of protection given by
constitutional guarantees.
§ Cases are moot and academic

SALONGA vs PAÑO
- Petioner salonda was indicted for subversion ff the series of bombings in manila
- When the information was filed court, petioner filed a motion to quash the
information
- Respondent judge denied the motion; instead, he issued a resolution directing
the prosecutor to filed information under the revised anti-subversion act
- Petitioner had the resolution reviewed before the Minister of Justice and
challenged it before the Supreme Court, saying that there is not sufficient
evident for purposes of finding probable cause.
- Before the SC can issue a decision, Minister of Justice issued its decision finding
that there is no probable cause
- SC decided the cases nonetheless

Decision
The court also has the duto to formulate guiding and contrlling onstitiobnal princple,
preept, fotrines, or rules. It has the symbli function of eduating the bend and bar on
the ectent

Who may exercise judical review

Art 8 sec 1
Art 8 sec 4(2)
Art 8 Sec 5(2)

Review, revise, reverse

(a) all cases in which the constitutionality or validity of any treadty, internatinal or
executive…

YNOT vs IAC
Review, revise, reverse
(a) all cases in which the constitutionality or validity of any treadty, internatinal or
executive…

YNOT vs IAC

GARCIA v. DRILON

Repondent Garcia wide filed a VAWC case against petitioner JUSBAND before the RTC
specially desgnated as a family ourt. She also asked the court in a civil ase, to issue a
TPO

RTC issued TPO for 30 days RES garcia asekd the court to renew said TPO

It was renewed, Petitioner garcia went tup to CA, filed petition for prohibition,
challenging the consitutionality of RA 9262 on the grounf of substantive due process
and equal protection clauses.

CA dismissed the petition for the failiure of petitioner to raise the constiutuonal issu
on his pleadings beofre the trial court in the ciivl case whish is liether with jurisidcition

Petitioj=ner argumment

Familu courts font have the power to delcare a law as unconsitutional. Thus th

SC said Fam courts are special court. Remains powesses of authoirty as a court of
general original jurisidiction….

Spouses Ibog

An actual case
Corrolary,