Francisco Vs HR

Francisco Vs. House of Representatives, G.R. No.
160261, November 10, 2003

Judicial Review:
Angara Vs. Electoral Commission: The Constitution is a definition of the powers of
government. Who is to determine the nature, scope and extent of such
powers? The Constitution itself has provided for the instrumentality of the
judiciary as the rational way. And when the judiciary mediates to allocate
constitutional boundaries, it does not assert any superiority over the other
departments; it does not in reality nullify or invalidate an act of the legislature,
but only asserts the solemn and sacred obligation assigned to it by the
Constitution to determine conflicting claims of authority under the
Constitution and to establish for the parties in an actual controversy the
rights which that instrument secures and guarantees to them. This is in
truth all that is involved in what is termed "judicial supremacy" which properly is
the power of judicial review under the Constitution. Even then, this power of
judicial review is limited to actual cases and controversies to be exercised after full
opportunity of argument by the parties, and limited further to the constitutional
question raised or the very lis mota presented. Any attempt at abstraction could only
lead to dialectics and barren legal questions and to sterile conclusions unrelated to
actualities. Narrowed as its function is in this manner, the judiciary does not pass upon
questions of wisdom, justice or expediency of legislation. More than that, courts accord
the presumption of constitutionality to legislative enactments, not only because the
legislature is presumed to abide by the Constitution but also because the judiciary in
the determination of actual cases and controversies must reflect the wisdom and justice
of the people as expressed through their representatives in the executive and legislative
departments of the government.
Briefly stated, courts of justice determine the limits of power of the agencies and
offices of the government as well as those of its officers. In other words, the
judiciary is the final arbiter on the question whether or not a branch of
government or any of its officials has acted without jurisdiction or in excess of
jurisdiction, or so capriciously as to constitute an abuse of discretion amounting to
excess of jurisdiction or lack of jurisdiction. This is not only a judicial power but a
duty to pass judgment on matters of this nature.
Principles of constitutional construction:
First, verba legis, that is, wherever possible, the words used in the Constitution must be
given their ordinary meaning except where technical terms are employed. We look to
the language of the document itself in our search for its meaning. We do not
of course stop there, but that is where we begin. It is to be assumed that the
words in which constitutional provisions are couched express the objective
sought to be attained.
Second, where there is ambiguity, ratio legis est anima. The words of the Constitution
should be interpreted in accordance with the intent of its framers. The object is to
ascertain the reason which induced the framers of the Constitution to enact
the particular provision and the purpose sought to be accomplished
thereby, in order to construe the whole as to make the words consonant to
that reason and calculated to effect that purpose.
Finally, ut magis valeat quam pereat. The Constitution is to be interpreted as a whole.

In other words, the court must harmonize them, if practicable, and must lean in favor of
a construction which will render every word operative, rather than one which may make
the words idle and nugatory.
No one is above the law or the Constitution. This is a basic precept in any legal system which
recognizes equality of all men before the law as essential to the law's moral authority and that of
its agents to secure respect for and obedience to its commands. Perhaps, there is no other
government branch or instrumentality that is most zealous in protecting that principle of legal
equality other than the Supreme Court which has discerned its real meaning and ramifications
through its application to numerous cases especially of the high-profile kind in the annals of
jurisprudence. The Chief Justice is not above the law and neither is any other member of this
Court. But just because he is the Chief Justice does not imply that he gets to have less in law
than anybody else. The law is solicitous of every individual's rights irrespective of his station in
life.

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Francisco Vs. House of Representatives, G.R. No.

160261, November 10, 2003

Finally, ut magis valeat quam pereat. The Constitution is to be interpreted as a whole.

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