Other jurisdictions: judicial activist

Ours: judicial power is passive in nature

Judicial activism: beyond applicable law

(philosophy or concept) though duty of the
court is to settle actual controversies

(a case in which pardon is given to a person

pending of judgement- not a truly political
question; breaches separation. of powers
because court has not convicted yet)

Sereno’s illegal holding of office by virtue of quo

warranto proceeding

Iis mota- court will defer on the question of

constitutionality if the question is the lis mota
of the case

“Practice of law”- broad spectrum: an IBP

member, passed the bar, academe thru
knowledge (does not require to have clients)

Division: en banc cases: to declare a law

unconstitutional- possible for at least 5
constituting a quorum from a majority of 8