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ANNOTATIONS which the House knows best.

(Osmeña
POLITICAL QUESTION Jr. vs. Pendatun)
⇒ To be decided by people in their
sovereign capacity, or in regard to Matters concerning internal business
w/c full discretionary authority has such as in the Commission of
been delegated to the legislative or Appointments cannot be made subject
executive branch of the government of judicial inquiry. (Advincula vs.
(Tañada v. Cuenco) and concerns Commission on Appointments)
with the wisdom, justice, policy, Courts may or may not agree with
advisability, or expediency, not the legislature upon wisdom/necessity of law
legality, of a particular law (Morfe v. but their opinion has no bearing as long
Mutuc) or action (Gonzales v. as it is within the constitutional power of
Hechanova) legislature to enact. (Angara vs.
⇒ Can’t be defined exactly for even Electoral Commission)
precedents & authorities have
Remedy against unwise legislation is an
different views as to the scope of its
appeal not to the Court but to the people
restrictions
who elected the members of the
⇒ Involves political rights – power to
legislative body. (Sumulong vs.
participate, directly or indirectly, in COMELEC)
the establishment or management of
the government Court can pronounce legislative acts as
⇒ Predicated on principle of separation null & void if they cover subjects not
of powers authorized by Consti, no matter how
⇒ Ex. Revision of legislative acts, wise or beneficient they may be. (US vs.
Judiciary cannot do this. They can Te Yu)
only decide whether it arbitrary or
unfair. The creation of Municipalities is
⇒ Ex. Legal duties of Chief Executive legislative, not administrative, in
⇒ Manner in which discretionary character. (Pelaez v. Auditor General)
powers are exercised
Preamble & Declaration of Principles of
JUSTICEABLE QUESTION Consti are not sources of any
⇒ Affect civil, personal or property substantive power. WON Congress or
rights accorded to every member of other departments’ acts are in
the community or nation (Feria accordance with these two are political
Concurring Opinion in Mabanag questions to be decided by people come
v. Lopez Vito) election time. (Perfecto Concurring
Opinion in Custodio vs. President of
⇒ Determines limitations which the law the Senate)
places upon all official actions
(Tañada vs. Cuenco) Presidential appointments have 2
⇒ Existence and extent of discretionary aspects: legal (authority to make
powers (Tañada vs. Cuenco) appointments) and political (wisdom in
⇒ Determined by issue involved and exercising authority & its propriety).
Questions on improper, immoral or
not the law or consti provision which
malevolent motives in appointments are
may be applied (Feria Concurring
not judicial in nature but political, thus,
Opinion in Mabanag v. Lopez
it’s within power of Commission on
Vito)
Appointments. (Concepcion Opinion,
Aytona v. Castillo)
House is sole judge of what constitutes
disorderly behavior because it’s
Incoming executive’s exercise of
mandated by Consti & it’s really
authority to either re-appoint or appoint
dependent on factual circumstances
new people is of political nature.

Ü TRINA JOY A. SOLIDON Ü
(Concepcion Concurring in Guevara instead of judicial. (Macias vs.
v. Inocentes) COMELEC)

Court has no jurisdiction to inquire into Senate is not clothed with full
the motives behind the formulation of discretionary authority in the choice of
governmental policies by the Chief members of the Senate Electoral
Executive. (Gonzales v. Enrile) Tribunal. The exercise of its power is
subject to Constitutional limitations thus
Issue of impropriety is different from judicial department can pass upon
issue of legality. Former is not validity of its proceedings. (Sec. 11,
justiceable. (RA No. 2260) Art. VI, Phil. Consti.)

Officers & employees of that tribunal are
Authority to decide whether the under its supervision & control & not
exigency has arisen requiring that of the Senate President. (Suanes
suspension of the writ of habeas corpus vs. Chief Accountant of the Senate)
belongs to the Governor General and his
decision is final & conclusive upon the A judgment rendered by the Electoral
courts. (Barcelona vs. Baker) {I don’t Tribunal in the exercise of its powers are
think this is still applicable, though. I exempt from judicial supervision.
believe the Court can already review the (Morrero vs. Bocar)
validity of such acts.}
Court proceeded to determine number of
Calling for a special election to elect a votes essential to constitute a quorum in
municipal president in a specific town is Senate. (Avelino vs. Cuenco) This
a political power exercised by Governor weakened the ruling in Mabanag vs.
General. (Severino vs. Governor- Lopez Vito which declared that matters
General) re WON suspended members should be
counted as part of all the members is a
President is sole judge in enforcing his political question.
power to deport aliens. He can’t be
required to show reasonable grounds for Issue WON a Resolution of Congress
his belief to a court of justice. (In re acting as a constituent assembly
Patterson) violates the Consti is justiceable.
(Gonzales vs. COMELEC)
The President as commander-in-chief of
the AFP, is the sole judge & authority to WON proposed amendments to Consti
determine whether lawless violence, are invalid for non-compliance with
invasion, insurrection, or rebellion still procedure is not a political question.
exists. His decision is conclusive upon all (Tañada vs. Cuenco)
other persons. (Untal vs. Chief of
Staff) One who invokes the power of the court
to declare an act of Congress
Even if an apportionment law improves unconstitutional must be able to show
existing conditions, its validity or not only that the statute is invalid but
constitutionality is a justiceable that he has sustained or is in danger of
question. (Macias vs. COMELEC) sustaining some direct injury as the
result of its enforcement and not merely
The constitutionality of a statute on that he suffers in some indefinite way in
apportionment of delegates or districts common with the people generally.
is a judicial question although it’s an (Custodio vs. President of the
exercise of political power. The mere Senate)
impact of the suit upon the political
situation does not render it political Retirement gratuity & commutation of
vacation & sick leaves of Senators &

Ü TRINA JOY A. SOLIDON Ü
Representatives of Congress
(PHILCONSA vs. Gimenez) and salary
increases of Senators & Representatives
(PHILCONSA vs. Mathay) are
justiceable questions.

Chief Executive may enter into executive
agreements without previous legislative
authority but he may not enter into
transaction w/c is prohibited by enacted
prior thereto. He may not defeat
legislative enactments that have
acquired the status of laws, by indirectly
repealing the same through an executive
agreement providing for the very act
prohibited by said laws. (Gonzales vs.
Hechanova)

Defeated presidential or vice-
presidential candidate can question the
election of pres/VP-elect judicially. (RA
No. 1793)

Ü TRINA JOY A. SOLIDON Ü