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    01 - Consti Sept 3

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    JA Quibz
    1) The document discusses the concept of political questions under Philippine law. Political questions refer to issues that the constitution assigns to be decided by the people or that give full discretion to another branch of government. 2) The Supreme Court case of Estrada vs. Arroyo addressed whether Estrada's removal from the presidency was a political question. The Court determined it was not because the issues involved the interpretation of the constitution, not matters of policy. 3) While political questions generally involve the exercise of discretion and are not subject to judicial review, the Philippine constitution allows courts to review the exercise of discretion for "grave abuse" amounting to lack of jurisdiction.

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    01 - Consti Sept 3

    Uploaded by

    JA Quibz
    20 views14 pages
    1) The document discusses the concept of political questions under Philippine law. Political questions refer to issues that the constitution assigns to be decided by the people or that give full discretion to another branch of government. 2) The Supreme Court case of Estrada vs. Arroyo addressed whether Estrada's removal from the presidency was a political question. The Court determined it was not because the issues involved the interpretation of the constitution, not matters of policy. 3) While political questions generally involve the exercise of discretion and are not subject to judicial review, the Philippine constitution allows courts to review the exercise of discretion for "grave abuse" amounting to lack of jurisdiction.

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    01_consti Sept 3

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    1) The document discusses the concept of political questions under Philippine law. Political questions refer to issues that the constitution assigns to be decided by the people or that give full discretion to another branch of government. 2) The Supreme Court case of Estrada vs. Arroyo addressed whether Estrada's removal from the presidency was a political question. The Court determined it was not because the issues involved the interpretation of the constitution, not matters of policy. 3) While political questions generally involve the exercise of discretion and are not subject to judicial review, the Philippine constitution allows courts to review the exercise of discretion for "grave abuse" amounting to lack of jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    20 views14 pages

    01 - Consti Sept 3

    Uploaded by

    JA Quibz
    1) The document discusses the concept of political questions under Philippine law. Political questions refer to issues that the constitution assigns to be decided by the people or that give full discretion to another branch of government. 2) The Supreme Court case of Estrada vs. Arroyo addressed whether Estrada's removal from the presidency was a political question. The Court determined it was not because the issues involved the interpretation of the constitution, not matters of policy. 3) While political questions generally involve the exercise of discretion and are not subject to judicial review, the Philippine constitution allows courts to review the exercise of discretion for "grave abuse" amounting to lack of jurisdiction.

    Copyright:

    © All Rights Reserved
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    of 14

    Sept 3

    Tuesday, 3 September 2019 6:06 PM

    Does not mandate regulation or pginiotn


    Must how that monopoly exists

    Judicial power > Judicial review


    Judicial review - determine constitutionality
    Expanded judicial review - determine grave abuse of discretion, always tested against
    constitutional backdrop
    Judicial review =/= assertion of judicial supremacy
    Judicial review == assertion of constitutional supremacy

    Political questions

    Political questions refer "to those questions which, under the constitution, are to be decided by
    the people in their sovereign capacity, or in regard to which full discretionary authority has bee
    delegated to the legislative or executive branch of the government. It is concerned with issues
    dependent upon the wisdom, not legality of a particular measure."

    = It may be answered by the people in the exercise of the sovereign capacity or any question
    when full discretion is given to any branch of government.

    Estrada vs. Arroyo


    - Petitioner estrada elected President while responded Arroyo was elected VP
    - Chavit Singson, Accused Estrada of receiving millions of pesos from jueteng lords
    - Dramatic events calling for Estrada's resignation
    - Eventually, Estrada issued a statement that he is stepping down for the nations healing.
    - Arroyo sworn in and started performing official functions.
    - Petitioner estrada alleges that he is the president on leave
    - Respondent GMA claims she is the president.
    ESTRADAS QUO WARRANTO PETITTION
    He prayed for judgjen t…

    Issue:
    - Did estrada resign as president?
    - Was estrada only temporarily unable to act as president?
    y
    en
    ESTRADAS QUO WARRANTO PETITTION
    He prayed for judgjen t…

    Issue:
    - Did estrada resign as president?
    - Was estrada only temporarily unable to act as president?
    - Should arroyo be considered only to be in can acting capacity?

    Arroyos argument: it is a political question


    The case assails the legitimacy of the arroyo admin: they stess that respondent arroyo ascende
    the presidency through people power, an expression of people's will, beyond the power of the
    court to ascertain.

    Reliance on Lawyers league v. aquino that the legitimacy of government installed as a result of
    successful revolutions by the sovereign people is a political question.

    COURT: STANDARD FOR POL QUES

    Political question refer "to those questions which, under the constitution, are to be decided by
    the people in their sovereign cappacituy..

    ISSUES AT HAND: Constitutional


    The principal issues for resolution require the proper interpretation of certain provisions in the
    1987 constitution, notably Sec Article 7 and Sec 8 of Art 7 and the allocation of governmental
    powers under section 11 of article 7.

    EDSA 1
    - Exercise of the people power of revolution which overthrew the whole government
    - Extra constitutional and the legitimacy of the new government that resulted from it cann
    be the subject of judicial review.
    - Freedom constitution declared that the aquino govt was installed through a direct exercis
    of the power of the filipino people "in defiance of the provision of the 1973 const, as
    amended."

    EDSA 2
    - Exercise of people of freedom speech and freedom of assembly to petition the
    government for redress of grievances which only affected the office of the president.
    - Intra constitutional ad the resignation of the sitting president that it caused and the
    succession of the VP as president are subject to judicial review
    - In her oath, she categorically swore to preserve and defend the 1987 constitution.

    EFFECT OF REVOLUTIONARY GOVERNMENT


    - The legitimacy of a government sired by a successful revolution by people power is beyon
    the judicial scrutiny for that government automatically orbits out of the constitutional
    - Exercise of people of freedom speech and freedom of assembly to petition the
    government for redress of grievances which only affected the office of the
    president.
    - Intra constitutional ad the resignation of the sitting president that it caused and
    the succession of the VP as president are subject to judicial review
    - In her oath, she categorically swore to preserve and defend the 1987
    constitution.

    EFFECT OF REVOLUTIONARY GOVERNMENT


    - The legitimacy of a government sired by a successful revolution by people
    power is beyond the judicial scrutiny for that government automatically orbits
    out of the constitutional loops.

    IBP vs Zamora

    The president, verbal directive, ordered the pNP and the marines to conduct join
    visibility patrols for the purpose

    Petitioners IBPs argument: IBP questions the basis for the calling of the marines under
    the afforested provision. According to the IBP, no emergency exists that would justify
    the need for the calling of the military to assist the police force. It contends

    Respondents OSG's Argument


    Sol Gen, contends that the issue of pertaining to the necessity of align the armed
    forces is not proper for judicial review
    ISSUE: is the presidents determination of the factual basis for calling out the armed
    forces a political question?

    DECISION: NO
    SC said it’s a justiciable question. When the grant of power is qualified, conditional or
    subject to limitations, the issue of whether the prescribed qualifications or conditions
    have been met or the limitations respected, is justiciable - the problem being one of
    legality or validity, not its wisdom.

    Art 7 sec 18
    The president…. Whenever it becomes necessary, lawless violence..

    Pol Ques, subject to jud rev


    When pol ques are involved, the consti limits the determination as to whether or not
    there has been a grave abuse of discretion amounting to lack or excess of jurisdiction
    on the par of the official whose action is being questioned.

    Grave abuse of discretion


    Capricious or whimsical exercise of judgment that is patent abnd fross as to amount
    When pol ques are involved, the consti limits the determination as to whether or not
    there has been a grave abuse of discretion amounting to lack or excess of jurisdiction
    on the par of the official whose action is being questioned.

    Grave abuse of discretion


    Capricious or whimsical exercise of judgment that is patent abnd fross as to amount
    to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law, or
    to aact at all..

    When the president calls the armed forces…. SECTION 18 art 7

    Burden of petitioner
    Show that the prsidents decision is totally bereft of factual basis.(find in case and
    copy paste)

    The present petition fails to discharge such haevy burden as there is no evediene to
    support…..

    In the performance of this courts duty of "purposeful hesitation" before decalring an


    at anot

    FRANCISCO VS…

    PETITIONERS ARGUMENT
    ONE YEAR BAN UNCONSTITUTIONAL

    RESPONDENTS: Pol Ques


    HR shall have the exclusive power to intital
    The senate shall have the sole power to try and decide all cases of impeact

    The congress shall prumulgate


    What is pol question?
    A question of policy

    Constituonal issue on interpretation of initiate

    Is it possible tht pol ques are obligatid?

    Primulgating rules on impeachement = plitical question


    But what if there is grave abuse in promulgating the rules?
    1987 consti = review the exercise of discretion!
    Thus, if all forms of exercsise of discretion may be reviewed whther it is attended by
    grave abuse, are political questions now obliterated?
    Primulgating rules on impeachement = plitical question
    But what if there is grave abuse in promulgating the rules?
    1987 consti = review the exercise of discretion!
    Thus, if all forms of exercsise of discretion may be reviewed whther it is attended by
    grave abuse, are political questions now obliterated?

    FR BERNAS, MR CONCEPCION

    Two species of political questions : 1truly political questions 2) not truly political
    questions
    Sec 1 Art 8 does not define what are justiciable pol and non justiciable pol ques,

    In our jurisdiction, the determination of a justiciable political question from a non-


    justiciable pol ques lies in the answer to the question of whether there are
    constitutionally imposed limits on powers or function conferred upon political bodies

    If there are, then our courts are duty-bound to examine whether the branch or
    instrumentality of the government properly acted within such limits. This court shall
    thus now apply this standard to the present controversy

    TIP:
    Do not use justiciable PQ because it is an oxymoron.

    Its justiciable because while the wisdom behind the exercise of discretion is a question
    of policy, thus political, expanded judicial review allowed the court to determine
    whether in the exercise of discretion, there is grave abuse, amounting to lack or
    excess of jurisdiction.'

    Justiciable question - legality of constitutionality


    PQ - by the people or full discretion
    PQ - wisdom not legality r constitutionality
    EJR =/= obliteration of PQ or Exercise of discretion
    EJR = only tests GADALEJ
    GADALEJ - is there constitutional limits to exercise of discretion?
    TPQ= discretion without constitutional limits

    Functions of judicial review


    - Checking function
    ○ The judiciary can check If the acts
    § IBP v ZAMORA
    - Legitimating function
    ○ The judiciary can stamp legitimacy into the doubtful status of
    Functions of judicial review
    - Checking function
    ○ The judiciary can check If the acts
    § IBP v ZAMORA
    - Legitimating function
    ○ The judiciary can stamp legitimacy into the doubtful status of
    governmental acts in order to erase all doubts as to its constitutionality
    § Estrada vs. Arroyo
    - symbolic function
    ○ The court also has the duty to formulated guiding and controlling
    constitutional principles, precepts, doctrines, or rules. It has the symbolic
    function of educating bench and bar on the extent of protection given by
    constitutional guarantees.
    § Cases are moot and academic

    SALONGA vs PAÑO
    - Petioner salonda was indicted for subversion ff the series of bombings in manila
    - When the information was filed court, petioner filed a motion to quash the
    information
    - Respondent judge denied the motion; instead, he issued a resolution directing
    the prosecutor to filed information under the revised anti-subversion act
    - Petitioner had the resolution reviewed before the Minister of Justice and
    challenged it before the Supreme Court, saying that there is not sufficient
    evident for purposes of finding probable cause.
    - Before the SC can issue a decision, Minister of Justice issued its decision finding
    that there is no probable cause
    - SC decided the cases nonetheless

    Decision
    The court also has the duto to formulate guiding and contrlling onstitiobnal princple,
    preept, fotrines, or rules. It has the symbli function of eduating the bend and bar on
    the ectent

    Who may exercise judical review


    Art 8 sec 1
    Art 8 sec 4(2)
    Art 8 Sec 5(2)

    Review, revise, reverse


    (a) all cases in which the constitutionality or validity of any treadty, internatinal or
    executive…

    YNOT vs IAC
    Review, revise, reverse
    (a) all cases in which the constitutionality or validity of any treadty, internatinal or
    executive…

    YNOT vs IAC

    GARCIA v. DRILON

    Repondent Garcia wide filed a VAWC case against petitioner JUSBAND before the RTC
    specially desgnated as a family ourt. She also asked the court in a civil ase, to issue a
    TPO

    RTC issued TPO for 30 days RES garcia asekd the court to renew said TPO

    It was renewed, Petitioner garcia went tup to CA, filed petition for prohibition,
    challenging the consitutionality of RA 9262 on the grounf of substantive due process
    and equal protection clauses.

    CA dismissed the petition for the failiure of petitioner to raise the constiutuonal issu
    on his pleadings beofre the trial court in the ciivl case whish is liether with jurisidcition

    Petitioj=ner argumment

    Familu courts font have the power to delcare a law as unconsitutional. Thus th

    SC said Fam courts are special court. Remains powesses of authoirty as a court of
    general original jurisidiction….

    Spouses Ibog

    An actual case
    Corrolary,

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