ANNOTATIONS which the House knows best.

(Osmeña
POLITICAL QUESTION Jr. vs. Pendatun)
⇒ To be decided by people in their
sovereign capacity, or in regard to Matters concerning internal business
w/c full discretionary authority has such as in the Commission of
been delegated to the legislative or Appointments cannot be made subject
executive branch of the government of judicial inquiry. (Advincula vs.
(Tañada v. Cuenco) and concerns Commission on Appointments)
with the wisdom, justice, policy, Courts may or may not agree with
advisability, or expediency, not the legislature upon wisdom/necessity of law
legality, of a particular law (Morfe v. but their opinion has no bearing as long
Mutuc) or action (Gonzales v. as it is within the constitutional power of
Hechanova) legislature to enact. (Angara vs.
⇒ Can’t be defined exactly for even Electoral Commission)
precedents & authorities have
Remedy against unwise legislation is an
different views as to the scope of its
appeal not to the Court but to the people
restrictions
who elected the members of the
⇒ Involves political rights – power to
legislative body. (Sumulong vs.
participate, directly or indirectly, in COMELEC)
the establishment or management of
the government Court can pronounce legislative acts as
⇒ Predicated on principle of separation null & void if they cover subjects not
of powers authorized by Consti, no matter how
⇒ Ex. Revision of legislative acts, wise or beneficient they may be. (US vs.
Judiciary cannot do this. They can Te Yu)
only decide whether it arbitrary or
unfair. The creation of Municipalities is
⇒ Ex. Legal duties of Chief Executive legislative, not administrative, in
⇒ Manner in which discretionary character. (Pelaez v. Auditor General)
powers are exercised
Preamble & Declaration of Principles of
JUSTICEABLE QUESTION Consti are not sources of any
⇒ Affect civil, personal or property substantive power. WON Congress or
rights accorded to every member of other departments’ acts are in
the community or nation (Feria accordance with these two are political
Concurring Opinion in Mabanag questions to be decided by people come
v. Lopez Vito) election time. (Perfecto Concurring
Opinion in Custodio vs. President of
⇒ Determines limitations which the law the Senate)
places upon all official actions
(Tañada vs. Cuenco) Presidential appointments have 2
⇒ Existence and extent of discretionary aspects: legal (authority to make
powers (Tañada vs. Cuenco) appointments) and political (wisdom in
⇒ Determined by issue involved and exercising authority & its propriety).
Questions on improper, immoral or
not the law or consti provision which
malevolent motives in appointments are
may be applied (Feria Concurring
not judicial in nature but political, thus,
Opinion in Mabanag v. Lopez
it’s within power of Commission on
Vito)
Appointments. (Concepcion Opinion,
Aytona v. Castillo)
House is sole judge of what constitutes
disorderly behavior because it’s
Incoming executive’s exercise of
mandated by Consti & it’s really
authority to either re-appoint or appoint
dependent on factual circumstances
new people is of political nature.

Ü TRINA JOY A. SOLIDON Ü

(Concepcion Concurring in Guevara
v. Inocentes)
Court has no jurisdiction to inquire into
the motives behind the formulation of
governmental policies by the Chief
Executive. (Gonzales v. Enrile)
Issue of impropriety is different from
issue of legality. Former is not
justiceable. (RA No. 2260)
Authority to decide whether the
exigency has arisen requiring
suspension of the writ of habeas corpus
belongs to the Governor General and his
decision is final & conclusive upon the
courts. (Barcelona vs. Baker) {I don’t
think this is still applicable, though. I
believe the Court can already review the
validity of such acts.}
Calling for a special election to elect a
municipal president in a specific town is
a political power exercised by Governor
General. (Severino vs. Governor-
General)
President is sole judge in enforcing his
power to deport aliens. He can’t be
required to show reasonable grounds for
his belief to a court of justice. (In re
Patterson)
The President as commander-in-chief of
the AFP, is the sole judge & authority to
determine whether lawless violence,
invasion, insurrection, or rebellion still
exists. His decision is conclusive upon all
other persons. (Untal vs. Chief of
Staff)
Even if an apportionment law improves
existing conditions, its validity or
constitutionality is a justiceable
question. (Macias vs. COMELEC)
The constitutionality of a statute on
apportionment of delegates or districts
is a judicial question although it’s an
exercise of political power. The mere
impact of the suit upon the political
situation does not render it political
Ü TRINA JOY A. SOLIDON Ü
instead of judicial. (Macias vs.
COMELEC)
Senate is not clothed with full
discretionary authority in the choice of
members of the Senate Electoral
Tribunal. The exercise of its power is
subject to Constitutional limitations thus
judicial department can pass upon
validity of its proceedings. (Sec. 11,
Art. VI, Phil. Consti.)
Officers & employees of that tribunal are
under its supervision & control & not
that of the Senate President. (Suanes
vs. Chief Accountant of the Senate)
A judgment rendered by the Electoral
Tribunal in the exercise of its powers are
exempt from judicial supervision.
(Morrero vs. Bocar)
Court proceeded to determine number of
votes essential to constitute a quorum in
Senate. (Avelino vs. Cuenco) This
weakened the ruling in Mabanag vs.
Lopez Vito which declared that matters
re WON suspended members should be
counted as part of all the members is a
political question.
Issue WON a Resolution of Congress
acting as a constituent assembly
violates the Consti is justiceable.
(Gonzales vs. COMELEC)
WON proposed amendments to Consti
are invalid for non-compliance with
procedure is not a political question.
(Tañada vs. Cuenco)
One who invokes the power of the court
to declare an act of Congress
unconstitutional must be able to show
not only that the statute is invalid but
that he has sustained or is in danger of
sustaining some direct injury as the
result of its enforcement and not merely
that he suffers in some indefinite way in
common with the people generally.
(Custodio vs. President of the
Senate)
Retirement gratuity & commutation of
vacation & sick leaves of Senators &
Representatives of Congress
(PHILCONSA vs. Gimenez) and salary
increases of Senators & Representatives
(PHILCONSA vs. Mathay) are
justiceable questions.

Chief Executive may enter into executive

agreements without previous legislative
authority but he may not enter into
transaction w/c is prohibited by enacted
prior thereto. He may not defeat
legislative enactments that have
acquired the status of laws, by indirectly
repealing the same through an executive
agreement providing for the very act
prohibited by said laws. (Gonzales vs.
Hechanova)

Defeated presidential or vice-

presidential candidate can question the
election of pres/VP-elect judicially. (RA
No. 1793)

Ü TRINA JOY A. SOLIDON Ü