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GENERAL CONSIDERATIONS
A. Definition and Divisions of Political Law
Macariola vs. Asuncion, 114 SCRA 77 (1982)
Political Law has been defined as that branch of public law which deals with the
organization and operation of the governmental organs of the State and define the
relations of the state with the inhabitants of its territory (People vs. Perfecto)
C. Constitution
DEFINITION:"It is the written instrument by which the fundamental powers of
government are
established, limited and defined, and by which those powers are distributed among
the several
departments for their safe and useful exercise for the benefit of the body politic.
(Malcohm and Laurel)
2. FUNCTION
• Prescribes the framework of the system of government
• Assigns to the several departments of government their duties, responsibilities,
powers, and duties.
• Establishes fixed principles on which the government is founded.
3. Classification
• WRITTEN CONSTITUTION -- one the provisions of w/c have been reduced
to writing and embodied in one or more instruments at a particular time. The
US Constitution is a classical example of a written constitution.Written
constitutions have been also called conventional or enacted, bec. they are
given definite form by a steadily constituted body, the constitutional
convention, at a particular time.
• UNWRITTEN CONSTITUTION -- one w/c has not been committed to writing
at any specific time but is the accumulated product of gradual political and
legal development. The English Constitution is the modern example of this
class. Unwritten constitutions have been known also as cumulative or
evolved, bec. they are not formulated at any definite time but are rather the
outcome of a political evolutionary process.
• RIGID CONSTITUTION-- when it may not be amended except through a
special process distinct from and more involved than the method of changing
ordinary laws. It
is supposed that by such a special procedure, the constitution is rendered
difficult to change and thereby acquires a greater degree of stability.
• FLEXIBLE CONSTITUTION-- A constitution is classified as flexible when it
may be changed in the same manner and through the same body that enacts
ordinary legislation. The British Constitution is flexible.
C. Submission
Tolentino vs. Comelec, 41 SCRA 702 (1971)
What the Constitution in effect directs is that the government, in submitting an
amendment for ratification, should put every instrumentality or agency within its
structural framework to enlighten the people, educate them with respect to their act
of ratification or rejection. For we have earlier stated, one thing is submission and
another is ratification. There must be fair submission, intelligent consent or
rejection.
JUDICIAL REVIEW
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.
A. Theory and Justification of Judicial Review
Locus standi or legal standing or has been defined as a personal and substantial
interest in the case such that the party has sustained or will sustain direct injury as
a result of the governmental act that is being challenged.
that standing because of its constitutional and public policy underpinnings, is very
different from questions relating to whether a particular plaintiff is the real party in
interest or has capacity to sue.
(3) the question of constitutionality must be raised at the earliest possible
opportunity; and
(4) the issue of constitutionality must be the very lis mota of the case.
It is a well-settled maxim of adjudication that an issue assailing the constitutionality
of a governmental act should be avoided whenever possible. Court will assume
jurisdiction over a constitutional question only if it is shown that the essential
requisites of a judicial inquiry into such a question are first satisfied. Thus, there
must be an actual case or controversy involving a conflict of legal rights susceptible
of judicial determination, the constitutional question must have been opportunely
raised by the proper party, and the resolution of the question is unavoidably
necessary to the decision of the case itself.
Article VIII, Section 5(2)
Prematurity:
PACU vs Secretary of Education, 97 Phil. 806 (1955)
• P: “Mere apprehension that the Secretary of Education might, under the law,
withdraw the permit of one of the petitioners does not constitute a justiciable
controversy.”
Mariano vs Comelec, G.R. No. 119694 March 7, 1995
• A petition premised on many contingent events, the happening of which is
uncertain presents a hypothetical issue and thus, is not ripe for judicial
determination
Cutaran v. DENR, G.R. No. 134958, January 31, 2001
• While the application for a certificate of ancestral land claim is being
processed, one cannot say if it shall be approved or denied. Hence, there is
no government act accomplished or performed that has a direct adverse
effect on the legal right of the person contesting its validity.
Montesclaros v. Comelec, G.R. No. 152295. July 9, 2002
Mootness:
A case becomes moot when there are facts, injuries and heated arguments but for
some
reason the legal problem has become stale. When a case is moot and academic, it
ceases to be a case and controversy. Any decision reached by the court would not
be conclusive on the parties.
Exceptions to mootness:
1) If the question is capable of repetition and evasive of review.
2) If there exit a mere possibility of collateral legal consequences if the court does
not act.
3) Voluntary cessation from the wrongful act by the defendant, if he is free to
return to his old ways.
Ripeness
A constitutional question may come to the court either too early or prematurely, so
that it
is still abstract (advisory opinion), or too late, so that the court's decision would no
longer affect the parties (mootness). The court must resolve constitutional issues
only when they come to it at the right time (ripeness).
Atlas Fertilizer v. Sec, DAR, G.R. No. 93100, June 19, 1997
Gonzales v. Narvasa, G.R. No. 140835. August 14, 2000
A petition questioning the creation of the Preparatory Commission on Constitutional
Reform should be deemed moot and academic after the said PCCR was dissolved by
the President
Lacson v. Perez, G.R. No. 147780, May 10, 2001
A petition questioning the declaration of a state of rebellion is moot and academic
after the said declaration is lifted by the President
Defunis v. Odegaard, 416 U.S. 312 (1974)
Exceptions to Mootness:
Acop v. Guingona, G.R. No. 134855, July 2, 2002
Legislative Standing:
Ople v. Torres, 293 SCRA 141 (1998)
Governmental Standing:
People v. Vera, 65 Phil 56, November 16, 1937
Facial Challenge:
Estrada v. Sandiganbayan, G.R. No. 148560, Nov. 19, 2001
3. Earliest Opportunity
Umali v. Guingona, 305 SCRA 533 (1999)
4. Necessity of Deciding Constitutional Questions
Arceta v. Mangrobang, G.R. No. 152895. June 15, 2004
Mandatory Notice
Mirasol v. CA, G.R. No. 128448, February 1, 2001
C. Functions of Judicial Review
Mitra vs Comelec, 104 SCRA 58 (1981)
Salonga vs Cruz-Pano, 134 SCRA 438 (1985)
Javier v. Comelec, 144 SCRA 194 (1988)
D. The Exercise of Judicial Review
Ynot vs. IAC, 148 SCRA 659 (1987)
P: Lower courts can pass upon the validity of statutes in the first instance. The
power is lodged in courts, though ultimately, it falls on the Supreme Court
Under Section 1 of Article VIII
“JUDICIAL POWER SHALL BE VESTED IN ONE SUPREME COURT AND IN SUCH LOWER
COURTS AS