Political Question Doctrine

Definition

At the threshold, it is necessary to clarify what is a "political question". It must be noted that this device
has been utilized by the judiciary "to avoid determining questions it is ill equipped to determine or that
could be settled in any event only with the effective support of the political branches." . . . Judicial
questions . . . are those which the sovereign has set to be decided in the courts. Political question,
similarly, are those which the sovereign has entrusted to the so-called political departments of
government or has reserved to be settled by its own extra-governmental action."

Reflecting a similar concept, this Court has defined a "political question" as a "matter which is to be
exercised by the people in their primary political capacity or that has been specifically delegated to some
other department or particular officer of the government, with discretionary power to act." In other words,
it refers 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. [Sanidad vs. Comelec, G.R. L-44640, October 12 1976]

The term “political question” refers to: (1) matters to be exercised by the people in their primary political
capacity; or (2) those specifically delegated to some other department or particular office of the
government, with discretionary power to act. It is concerned with issues dependent upon the wisdom, not
legality, of a particular measure. [Tañada v. Cuenco, G.R. No. L-10520, February 28, 1957]

Judicial review

In recent years, the Court has set aside this doctrine and assumed jurisdiction whenever it found
constitutionally imposed limits on the exercise of powers conferred upon the Legislative and Executive
branches [Bernas, The 1987 Philippine Constitution: A Comprehensive Reviewer (2011)]

The political question doctrine is no longer the insurmountable obstacle to the exercise of judicial power
or the impenetrable shield that protects executive and legislative actions from judicial inquiry or review.
The second paragraph of section 1, Article VIII of the Constitution states that: "Judicial power includes
the duty of the courts of justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government." [Oposa vs. Factoran, G.R. No. 101083, July 30, 1993]

To a great degree, the 1987 Constitution has narrowed the reach of the political question doctrine when
it expanded the power of judicial review of this court not only to settle actual controversies involving
rights which are legally demandable and enforceable but also to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of government. [Estrada vs. Arroyo, G.R. No. 146710-15 and G.R. No. 146738, March
2, 2001]

Examples:

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Determination of what constitutes impeachable offense is a political question.

[Ma. Merceditas N. Gutierrez vs. The House of Representatives Committee on Justice, G.R. No.
193459, February 15, 2011]

The determination of the executive arm of government that a state or instrumentality is entitled to
sovereign or diplomatic immunity is a political question that is conclusive upon the courts . Where the
plea of immunity is recognized and affirmed by the executive branch, it is the duty of the courts to accept
this claim so as not to embarrass the executive arm of the government in conducting the country's
foreign relations. [Holy See vs. Rosario, G.R. No. 101949, December 1, 1994 citing International
Catholic Migration Commission vs. Calleja, G.R. Nos. 85750, September 28, 1990]

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