Power of Control- Executive

Residual Power- Executive

Martial law
State of Rebellion

Moot and academic

One that ceases to present justiciable controversy by virtue of supervening
events so that declaration thereon will be of no practical use or value
1. ORTHODOX VIEW
An unconstitutional act is not a law; it confers no rights; it imposes no
duties; it affords no protection; it creates no office; it is, in legal contemplation,
inoperative, as if it had not been passed.
Struck down from the statute books and considered never to have existed at all.
No one may invoke it or may the courts be permitted to apply it in subsequent
cases.
TOTAL NULLITY
2. MODERN VIEW
The court in passing upon question of unconstitutionality does not annul or
repeal the statute if it finds in conflict with the Constitution. It simply
refuses to recognize it and determines the rights of the parties just as if
such statute had no existence
It does not strike the statue from the statute book
It does not repeal, supersede, revoke, or annul the statute

Composition of Judicial and bar council

Original Jurisdiction
o Exercise original jurisdiction over cases affecting ambassadors, other
public ministers, and consuls, and over petitions for certiorari,
prohibition, mandamus, quo waranto, and habeas corpus
Appellate Jurisdiction ng Court
Review, revise, reverse, modify, or affirm on appeal or certiorari as the
law or the Rules of Court may provide, final judgments, and orders of
lower courts in:
1. All cases which the constitutionality or validity of the treaty,
international or executive aggrement, law, executive order,
presidential decree, proclamation, order, instruction, ordinance or
regulation is in question
2. All cases involving the legality of any tax, impost, assessment, or toll,
or any penalty imposed in relation thereto.
3. All cases in which the jurisdiction of any lower court is in issue
4. All criminal cases in which the penalty imposed is reclusion perpetua or
higher
5. All cases in which only an error or question of law is involved
Supreme Court en banc

1. Cases in which constitutionality or validity of any treaty, international

or executive agreement, law, executive order, presidential decree,
proclamation, order, instruction, ordinance or regulation is in question
2. Criminal cases in which the appealed decision imposes death penalty.
3. Cases raising novel questions of law
4. Cases . affecting ambassadors, other public ministers and consuls
5. Cases involving decisions, resolutions or order of the civil service
commission, commission on elections and commission on audit
6. Cases where the penalty to be imposed is the dismissal of a judge,
officer, or employee of the judiciary, disbarment of a lawyer or either
suspension of any of them for a period of one year or a fine exceeding
P10,000 or both.
7. Cases assigned to a division which in the opinion of at least 3 members
thereof merit the attention of Court en banc and are acceptable to a
majority of the actual membership of the court en banc
8. All other cases as the court en banc, by a majority of its actual
membership, may deem of sufficient importance to merit its attention.

Supreme Court en banc- quorum

Judicial Review requisites

1. There must be an actual case or controversy
2. The question of constitutionality must be raised by the proper party
3. The constitutional question must be raised at the earliest possible
opportunity; and
4. The decision of the constitutional question must be necessary to the
determination of the case its
5.
elf.
7 Pillars of limitations of the power of the judicial review
o As a rule, the courts will not resolve the constitutionality of the law, if
the controversy can be settled on other grounds.

1. The court will not pass upon the constitutionality of legislation in a

friendly, non-adversary proceeding, declining because to decide such
questions is legitimate only in the last resort, and a necessity in the
determination of real, earnest and vital controversy between
individuals.
2. The court will not anticipate a question of constitutional law in advance
of the necessity of deciding it
3. The court will not formulate a rule of constitutional law broader than is
required by the precise facts to which it is to be applied
4. The court will not pass upon a constitutional question, although
properly presented by record, if there is also some other ground
present upon which the case may be disposed of
5. The court will not pass upon the validity of a statute upon complaint of
one who fails to show that he is injured by its operation
6. The court will not pass upon the constitutionality of a statute at the
instance of one who has availed himself of its benefits
7. When the validity of an act of the Congress is drawn in question, and
even if a serious doubt of constitutionality is raised, it is a cardinal

principle that this court will first ascertain whether a construction of

the statute is fairly possible by which the question may be avoided
Ombudsman
Declaration of unconstitutionality
Incompatible offices
Impeachment
o The power of congress to remove a public official for serious crimes or
misconduct as provided in the constitution
o The purpose of impeachment is to ensure highest care of their
indictment and conviction and imposition of penalties in case of finding
of guilt, taking into account the degree and nature of the offense and
the high status of the wrong doers.
1. President
2. Vice President
3. Members of the supreme court
4. Members of constitutional commission
5. Ombudsman
1.
2.
3.
4.
5.
6.

Culpable violation of the constitution

Treason
Bribery
Other high crimes
Graft and corruption
Betrayal of Public trust

Constitutional Prohibitions
Supervision of the president