Political Law: 1987 Philippine Constitution  Pursuant to TAN Properties v Republic,

Topic: Declaration of Principles and State Policies
Dante O Casibang v Hon Narciso A. Aquino
G.R. No. L-38025, August 20, 1975
Ponente: Justice Makasiar
Facts:
 Respondent Yu was proclaimed as the
elected Mayor of Rosales, Pagasinan in the
1971 local elections.
 Herein Petitioner Casibang filed an election
protest before the Court of First Instance of
Pangasinan presided by the Respondent
Judge Aquino.
 Meanwhile, the 1973 Constitution was
ratified and took effect.
 Respondent Yu moved to dismiss the
election protest on the grounds that the trial
court had lost jurisdiction over the same in
view of the effectivity of Art XVII, Sec. 9 –
Transitory Provisions and Art XI, Sec. 2 of
the 1973 Constitution, by reason of which a
political question has intervened.
 Petitioner opposed the motion to dismiss and
contended that the court did not lose
jurisdiction to hear and decide the election
protests pending before it at the time of its
ratification and effectivity; that the ratification
of the new Constitution and its effectivity did
not automatically abolish the office and
position nor cut short the tenure of office, so
as to render the issue as to who is the
lawfully elected candidate to said office or
position moot and academic.
 The trial court sustained the political
question theory of the Respondent and
dismissed the electoral protest.
Hence, this Petition.
Issue:
Whether or not the trial court is incorrect in
sustaining the political question theory
Ruling/s:
Justiciable Question or Controversy should
have these elements:
o The issue involves a given right
which is legally demandable and
enforceable
o Existence of an act or omission that
is in violation of the said right
o There is a remedy granted and
sanctioned by law for the said
breach of right
 Court’s jurisdiction on political questions in
relation to doctrine of separation of powers:
o Judicial branch of the government
cannot decide and answer political
questions because of the mere
absence of the essence of legality
and reference to laws. It cannot
have that jurisdiction to settle, and it
should “stay away” and not get
involved in such disputes that only
the people’s wisdom and judgment
can render them effective or
ineffective. If ever the courts
attempt to do so, it would be
considered as an encroachment
upon the other branches’ powers
and could violate the doctrine of
separation of powers.
Therefore, the Court, speaking thru Justice Makasiar,
granted the petition.

 YES, the trial court is incorrect in sustaining

the political question theory.
 The Court ruled that it is a Justiciable
Question/Controversy.
 Political Question are questions that are to
be decided by the people in their sovereign
capacity; or by legislative or executive
branch of the government with full
discretionary authority as entrusted by the
sovereign people.