Before delving into the constitutionality of the RH Law and its implementing rules, it behooves the

Court to resolve some procedural impediments.

I. PROCEDURAL ISSUE: Whether the Court can exercise its power of judicial review over the
controversy.

The Power of Judicial Review

In its attempt to persuade the Court to stay its judicial hand, the OSG asserts that it should submit to
the legislative and political wisdom of Congress and respect the compromises made in the crafting of
the RH Law, it being "a product of a majoritarian democratic process"  and "characterized by an
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inordinate amount of transparency."  The OSG posits that the authority of the Court to review social
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legislation like the RH Law by certiorari is "weak," since the Constitution vests the discretion to
implement the constitutional policies and positive norms with the political departments, in particular,
with Congress.  It further asserts that in view of the Court's ruling in Southern Hemisphere v. Anti-
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Terrorism Council,  the remedies of certiorari and prohibition utilized by the petitioners are improper
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to assail the validity of the acts of the legislature.

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Moreover, the OSG submits that as an "as applied challenge," it cannot prosper considering that the
assailed law has yet to be enforced and applied to the petitioners, and that the government has yet
to distribute reproductive health devices that are abortive. It clai