BENDITA. SIEGFREID JEFFERSON E.

1C

1. THE EXPANDED CONCEPT OR BROADENING OF JUDICIAL POWER AND ITS EFFECT ON THE
DISTINCTION JUSTICIABLE AND POLITICAL QUESTIONS?

ANSWER:

The expanded judicial power under the 1987 constitution:

• Supreme court was given power to promulgate rules for the protection and enforcement of
constitutional rights
• Power to disapprove rules of procedure of special courts and quasi-judicial bodes
• 1987 constitution took away the power of congress to repeal, alter or supplement procedures.

2. CONCEPTS OF ACTUAL CASE OR CONTROVERSY, AND MOOT AND ACADEMIC RULE, AND THE
EXCEPTSIONS TO THE LATTER RULE

ANSWER:

1. ACTUAL CASE CONTREVERSY - In the case of Republic v. Tan it was defined as a conflict of legal rights,
, susceptible of judicial determination and assertion of opposite legal claims.
2. In general, courts will not take action in moot and academic issues. It is considered moot when it no
longer presents a justiciable controversy because the issues involved is dead and serves for academic
purposes, the courts have nothing left to resolve.
BUT there is an exception to the rule:
• When there is grave violation of the Constitution
• Exception character of the situation and paramount public is involved.

3. HOW DO YOU DETERMINE LOCUS STANDI IN CONSTITUTIONAL CASES OR CASES QUESTIONNG THE
CONSTITUTIONALITY OF A LAW OR AN ACT OF A GOVERNMENT OR PUBLIC OFFICER?

ANSWER:

Locus Standi is the right of appearance in a court for questioning, in order to determine locus standi there
must be claim for illegal disbursement of public funds, there must be an obvious interest in the validity of
election law in question, there must be a claim for official faction complained of infringes their
prerogatives as legislators.

4. WHAT ARE THE EFFECTS OF DECLARATION OF UNCONSTITUTIONALITY? WHAT IS THE DOCTRINE OF

OPERATIVE FACT?

ANSWER:

The effects of declaration of unconstitutionality the law will be either void or voidable, If the law is void
because it is clearly offensive to the Constitution, according the case of Dumlao v. COMELEC void law due
to unconstitutionality it produces no effect, creates no office and imposes no duty. Voidable law is valid
at first, it will be inoperative after the Judicial declaration of its invalidity, it also has no retroactive effect.

5. WHAT IS THE CONCEPT AND THE CONSTITUTIONAL BASIS OF A WRIT OF AMPARO?

ANSWER:
Writ of Amparo is a remedy available to any person whose right to life, liberty and security is violated or
threatened with violation by an unlawful act or omission of public official or employee and private individuals.
It is only confined to cases of extralegal killing and enforced disappearance. Its purpose is not to protect
concerns that are purely property and commercial.

Basis: Constitution empowers Supreme Court to promulgate rules concerning the protection and enforcement
of constitutional right.

6. THE DIPLOMATIC AND THE TREATY POWERS AND THE LIMITATIONS ON THEIR EXERCISE BY THE
PRESIDENT?

ANSWER:

Pursuant to the Philippine Constitution Art. VII, the diplomatic powers of the President is inherent in his
position as Head of State, The president have the power to:

1. To make treaties
2. Power to appoint ambassadors, other public ministers, and consuls.
3. Power to receive ambassadors and other public ministers duly accredited to the Philippines.
4. Deportation power

Treaty making power is the power to negotiate, enter and ratify international treaties is vested in the
President subject to concurrence of 2/3 of all the members of the Senate for its validity. However, President
cannot enter into transactions that are against or offensive to the Constitution.