Professional Documents
Culture Documents
Judicial review is it is the power of the courts to test the validity of the executive and
legislative acts in light of their conformity with the Constitution.
The dispositive portion or the fallo is what actually constitutes the resolution of
the court and which is the subject of execution, although the other parts of the
decision may be resorted to in order to determine the ratio decidendi for such a
resolution.
The term grave abuse of discretion is defined as a capricious and whimsical exercise of
judgment so patent and gross as to amount to an evasion of a positive duty or a virtual
refusal to perform a duty enjoined by law, as where the power is exercised in an
arbitrary and despotic manner because of passion or hostility.
Finality of Decision
Rule-making Powers
The Supreme Court has the exclusive power to promulgate rules concerning the
protection and enforcement of constitutional rights, pleading, practice, and procedure in
all courts, the admission to the practice of law, the integrated bar, and legal assistance
to the underprivileged. Any such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts of the same
grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure
of special courts and quasi-judicial bodies shall remain effective unless disapproved by
the Supreme Court.
Effects of Declaration of Unconstitutionality
Not only the parties but all persons are bound by the declaration of unconstitutionality,
which means that no one may thereafter invoke it nor may the courts be permitted
to apply it in subsequent cases. It is, in other words, a total nullity. The second or
modern view is less stringent.
Political questions refer "to those questions which, under the Constitution, are to be
decided by the people in their sovereign capacity, or in regard to which full discretionary
authority has been delegated to the legislative or executive branch of government.