NALUPTA, JEREMIAH GO2-STATCON

11780770 JUDICIAL LEGISLATION PAPER

Judicial legislation refers to the court's actions that involve filling in the gaps of
laws or overstepping boundaries of the judicial branch of government. In the event that a
certain law, provision or statute is deemed to be silent; the Supreme Court could not pass
upon the chance to rectify the lapses of the laws, as they must still render a decision
amidst the silence of the law. The constitutional provisions that allow them to do so are:
1.) Section 5, Article VIII of the 1987 Constitution provides that The Supreme Court
shall have the following powers: (5) 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., and 2.) Section 4, Par. 2, Article VIII of the 1987 Constitution which
gives them the power to interpret or construe a statute, states: (2) All cases involving the
constitutionality of a treaty, international or executive agreement, or law, which shall be
heard by the Supreme Court en banc, and all other cases which under the Rules of Court
are required to be heard en banc, including those involving the constitutionality,
application, or operation of presidential decrees, proclamations, orders, instructions,
ordinances, and other regulations, shall be decided with the concurrence of a majority of
the Members who actually took part in the deliberations on the issues in the case and
voted thereon.

The Judicial Branch although given this constitutional guarantee, the Courts must
be cautious as not to cripple or usurp the inherent power of the Legislative Branch to
promulgate and enact laws. For them to be able to constitutionally exercise their power
and not impede the Legislative Branch, the Courts could only judge cases, which are ripe
for Judicial Determination 1 . The Judiciary is also guided by the Rules of Statutory
Construction, on construing or expounding the legislative intent of the authors which
could be through: Verba Legis which is by interpreting the plain or ordinary meaning,
Ratio Legis est Anima whereas the Courts construction is based on the spirit of the law
or the intent of the author, and Ut Magis Valeat quam Parea is to interpret the law as a
whole. Alongside this, the Supreme Court has the power to utilize Judicial Precedents in

1
Agpalo, R. E. (2009). Statutory construction. Manila, Philippines: Rex Book Store.
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11780770 JUDICIAL LEGISLATION PAPER
ruling over a case by virtue of the Doctrine of Stare Decisis, which could be found in
Article 8 of the Civil Code that states Judicial decisions applying or interpreting the
laws or the Constitution shall form a part of the legal system of the Philippines.

The Doctrine of Stare Decisis and Interpretation has the susceptibility for the
Judicial Branch to exercise their power of Judicial Legislation excessively, thus
overstepping the power vested to them by the Constitution and usurping that of the
Legislative Branchs vested power, in the concept of the Separation of Powers. The
susceptibility lies on how the Supreme Court may interpret the legislative intent of the
authors, and when Stare Decisis or Case Law is applied on a certain case. In the case of
interpretation of the Supreme Court they could err in ascertaining the legislative intent of
the author, by way of ambiguity that they could interpret it in a different way. Through
Stare Decisis, a judicial precedent could be abandoned if there is a better case that would
interpret a law, but it would still constitute as part of the law of the land.

It would cause great implications on the credibility of the Court if they would
contravene their power of Judicial Legislation, the aforementioned vulnerability is the
reason on why caution must be exercised as not to cause an oversight in the usage of or
crafting Doctrines beyond the law, whereas technically the power vested in the Court is
specifically for them to fill the gaps of a law, interpret the legislative intent but not to
create or enact the law.

To further prevent usurpation from occurring, the theory Separation of Powers

must be observed, in which each branch performs duties vested in it by the Constitution.
Following their respective Constitutional Mandates, for the Legislative Branch where
they are tasked solely to enact laws, alter, repeal or amend them found in Section 1,
Article VI of the 1987 Constitution and the Judicial Branch are vested with the power to
evaluate controversies arising from the enacted laws of the Legislative Branch, delegated
by Section 1, Article VIII of the 1987 Constitution. In these provided provisions we could
deduce that the role of legislation is an inherent power of the Legislative Branch
consisting of the House of Representatives and the Senate, and that the Judiciary or the
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Supreme Courts undertaking is to interpret it and not legislate. If they are allowed to do
so there are limitations as to not encumber the Legislative Power, as indicated in the case
of Casco v. Gimenez, G.R. No. L-17931, without jeopardizing the principle of
separation of powers and undermining one of the cornerstones of our democratic system
the remedy is by amendment or curative legislation, not by judicial decree.. This
implies that the Judicial Branch can only judge the constitutionality of an act and deem it
as valid or invalid, and the Legislative Power of amending by the Congress should cover
the amendments due to the unconstitutionality adjudged by the Judiciary. Through this
the Separation of Powers is maintained.