Consti - M4(l) (Judiciary) Flashcards
constitutional supremacy v judicial supremacy (superiority)
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characteristic of judicial power
traditional judicial power
expanded judicial power
involves itself with controversies brought about by rights whether pubcli or private which are dmeandalbe and enofrceable against another
tradiational judicial power
solve addresses the relationship of parties to any branch or instrumentality of the gov’t and the rights that a party may have against the latter in its exercise of its creation to the petition party’s prejudice
expanded judicial power
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involves 3 branches most of the time
The inherent powers of a court to amend and control its processes and order so as to make them conformable with law and justice includes the right to reverse itself.
it is a direct but limited remedy against the gov’t on the sole ground that a grave abuse of discretion on the part of gov’t is alleged to have been committed thus the scope of this judicial power is very narrow but its focus also gives it strength as it is a unique remedy specifically fashioned o actualize and active means of redress against an all powerful government
expanded judicial power
2 distinct situations
there are two distinct situations, where the exercise of both modes of judicial may be sought
each situation carries requirements distinct to the nature of each situation, which should be recognized in the specific remedy to be used under each situation.
constitutional situation
non -consitutaitonl situaotin
the constitutional of acts is questioned
constituational situation
no constitutional question nor violates are raised but which may include challenges against acts amounting to grace abuse of discretion
non-constitutional situation
the exercise of either the expanded or traidational mode of judicial power involves the exercise of hte power of judicial review, or the power of the courts to test the validty of executive and legislative acts, including those of constitutional obodies and adminsitrative agnecies , for their ocnformity with constiuttion and thorugh which the judiciar enforces and upholds the supremacy of the Constutition.
constitutional situation
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looks at any agenciy or brannch IF they are in conformity of the constitution.
otherwise, if there are no checks, the
no constitutional question or violations are raised but which may include challenges against acts amounting to grave abuse of discretion
non consti sit
a petition for certiorari (or prohibition) based on rule 65 of roc (in contrast to a certiorarr petition filed to invoke the court’s expanded judicial power) may be raised against quasi0judicila actions ( and ministerial in the case of a petition for prohibition) since acts or exercise of functions that violate and therefore go beyond the contemplation of , the constitution are necessarily committed with to grave abuse of discretion
traditional mode
if the function
knowledge check: translation of ‘certiorari’
to inform
allows the filing of petition for certiorari and prohibition using r65 of Roc to question grave abuse of discretion, actions or the exercise of a function on the part of any branch or instrumentality of the gov’t that violate the Constitution. the governmental action may be question
expanded
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coverage is braod
power to test the validly of executive and legislative acts IN LIGHT of the or conformity with the constitution
judicial review
the duty remains to assure that the supremacy of the Constitution is upheld.
i missed this part in the ppt
difference political question and a justiciable question
Pertain to the jurisdiction of courts and whether a particular issue is suitable for judicial review
JQ
- legal issue court has authority to address & resolve
- interpretation of the law
- case regarding the constitutionality of the law
PQ
- not suitable for judicial resolution
- issue involves issue that are in the realm of executive/legislative branches
What is a Political Question
A question, the resolution of which has been vested by the Constitution exclusively:
- In the people, in the exercise of their
sovereign capacity, or - In which full discretionary authority has
been delegated to a co-equal branch of the Government (Tanada v. Cuenco)
type of question where the resolution which is dependent on the wisdom, not the legality, of a particular measure and therefore do not present an actual case or controversy.
political question
political question doctrine APPLIES WHEN? according to Baker v. Carr
- textually demonstrable constitutional commitment of the issue to a coordinate political department
- a lack of judicially discoverable and manageable standard for reoslving
- or the impossibilit yof decidind without an initial policy determination of a kind clearlyl for non-jusicial discretion
what is the effect of the 1987 consti to the political questoin doctrine
narrowed the reach PQD
examples of truly political questions
- the choice as to whether congres s wants to propose a change in the constitution through itself ascting as a soncstiutaent assembly or to call a constiutioan cocnvention for htat purpose or ot od both
- the entitlement of a state or instrumentality ot hte sovereign or diplomatic immunity that only the eecutive arm of gov’t (department of foreign affairs, may determine)
- who among the memebrs of congress will sti as members of the commission on appointments that the hsenate and hosue of rep
- what constituan impeachable offense that only the legislative brnach may define
(justiciable: tho there are justiciable aspects of impeachment if there’s grave abuse of Discretion) - the inability of the president to govern that only congresscan address
(trnasmistal letters) - the manner by which congress approved the extension of martial law and the suspension of the privilege o fthe writ of habeas corpus.
(justiciable: sufficiency of the factual basis if citizen files it in court) - prohibiting gmalbilbg alotgher or porhibiting some forms of gamlibling and llowin others or allowing it without limitation that only congress may decided by law
- findings of Congress in dsicpling inits own mmeber for disorderly behavior
- whether to have the reminas of Marcos interred at hte libingan ng mga bayani that the president may decide.
- whether phil gov’t should espouse claims of its national (comfort, women) against a foreign gov’t (japan)
- the legitmacy of the new gov’t that resulted from the extra-constituaional EDS PWEOPLE POWER 2 REOVLUATION THAT THE PEOPLE HAVE DECIDED TO RECGNOZIE
(word used is not ‘unconstitutional’ so people power III is possible)
-
requisite of judicial review
- actual case or controversy
- standing or locus standi
- earliest opportunity
- lis mota
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4- resolving the oconstitutinoality must be the list mota of the case or it must be essential to the disposition of thec ase
a conflict of legal rights, an assertion of oppossite legal claims which can be resolved on the basis of existing law and jurisprudence
actual controversy
an actual case or contrvery means an existing case or controvery that is approriate or ripe for detmerination not conjecturla or acntipcatyory lest the decision fo th ecourt would amount to an advisory opinion
actual case
a question is ripe for adjudcation when
there is an actual act that hasd bene performed or acommoplished that directly and adversely affected teh part y challenging the act.
controvery must be defnite and concret bearing upo nthe legal reltation osf parties ho are pitted against ecah other due ot their adverse elgal interest.
it is not nenoguht the controvery exists at the outset; to qualify for adjucation. it is necessary that the actua lcontrover be EXTANT at all stages of the review, not merely at the time the complaint is filed
is a fundamentall and indispensable requirement before judicial power
case or controvesy
this requirement proceeds too form the fundamental constituional pinripcle of having spearate but balanced powersof the three branches of the gov’t which therfore prcludes courts from resolving hypothetical question that will effectively render them na adivsory body to the political branches of the govt’ (i.e. executive and legislative0 or any other instrumentoalit or agency
a case or contrvery exitst when
case present conflicint
page 96 - mootness
how to do if there is ripeness?
1 an act had alredy been acocopmlies oer pferomed by either branch
- there is an immedaite and actual or threatened injruyt ot hte petions as sreulst thereof asct was attended wti hagrave buase of discreiont
case og Guingona v. CA 292 SCRA 402 in the ppt
(In the matter of: save the SC Judicial Independence and Fiscal Autonomy v. Abolition Autonomy, UDK- 15143 case
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
OR
is the right of appearance
locus standi
a person who impugns the validity of a stuate must have a personal and subastantial iterest in the case such that he as sustained or iwll sustsaine direct injru yas a reulst
direct injury test
EXC to the direct injury test
- case involves constitutional issues
- for taxpayers, there must be a claim of illegal disbursment of pulic funds or tax measure is uncosntitional
[aka taxpayer suit] - for voters, there must be a showing of obvious interst in the validity of the election law in question
[voter’s suit] - for concerned citizens, there must be a showing that the issue raised are of transcendental importance which must be settled early; and
- for legislators, claim that the official action complained of infringes their prerogatives as legislators
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2. prevailing doctrine is that taxpayers may question contract entered into by the national gov’t or byt the GOCC alleged
- just because youre a voter, doesn’t mean you can file a suit.
Legal Stading : two types of suit
as-applied challenge suit
- facial challenge suit
a party can question the validity of a statute only if, as applied to him, it is unconstitutional
as-applied challenge
invalidate of the statute “on its face” rather than s applied is permitted in the interest of preventing a “chilling effect” on freedom of expression and cognate rights (freedom of: redress gov’t, etc)
facial challenge suit
what is the overbreadth doctrine (in notes_
permits the party to challnege the validty of s stateu even thoug has pplied to him it is not unconstitional but it might be if applied to other not before the court whose activities constitutionally protected
void-for-vagueness pg 135
law is facially invalid if men of common intelligence must necessarily guess at its meaning and differ as to its application.
it is also an analytical tool for testing on their
BACK TO BLUE NOTES
An action is considered _____ when it no
longer presents a justiciable controversy
because the issues involved have become
academic or dead or when the matter has
already been resolved.
moot
when There is nothing for
the court to resolve as the determination
thereof has been overtaken by subsequent
events (Atty. Evillo C. Pormento v. Estrada
and COMELEC, G.R. No. 191988, Aug. 31,
2010). it is considered
moot question
The court may still take cognizance of an otherwise moot cause if it finds that;
- grave violation of the Constitution
- situation is of exceptional character and paramount public interest is involved
- constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public
- the case is capable of repetition yet evading review.
is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is inoperative as if it has not been passed at all.
unconstitutional act
what is the exception to the declaration of unconstitutionality?
doctrine of operative fact
This doctrine nullifies the effects of an unconstitutional law or an executive act by
recognizing that the existence of a statute
prior to a determination of unconstitutionality is an operative fact and may have consequences that cannot always be ignored.
Operative Fact Doctrine
Refer’s to a judge’s ability to render decisions free from political or popular influence based solely on the individual facts and applicable law
-
decisional independence or
individual judicial independence
Focuses on the independence of the judiciary as a branch of government and protects judges as a class
- refers to collective independence of the judiciary as a body
Describes the separation of the judicial branch from the executie and legislative branches of government
institutional (judicial) independence
T/F Congress has the power to create and abolish courts
T
Congress’ power to create courts
implies the power to abolish and
even re-organize courts. But this
power cannot be exercised in a
manner that would undermine the
security of tenure of the judiciary.
If the abolition or re-organization is
done in good faith and not for
political or personal reasons, it
is valid. (De La Llana v. Alba, G.R.
No. L-57883, March 12 1982)
may a SC Justice be charged with disbarment during incumbency?
no
A Supreme Court Justice, who is required under the Constitution to be a Member of the Philippine Bar as a qualification for the office held by him and who may be removed from office only by impeachment, cannot be charged with disbarment during his
incumbency
may a SC justice be charged criminally?
yes but penalty cannot remove him from office
he cannot be charged criminally before the
Sandiganbayan or any other court with any offence which carries with it the penalty of removal from office, or any penalty service of which would amount to removal from office
first among equals latin
primus inter pares
limits the definition of marriage to only opposite-sex courples. Is he correct?
No. this is not the direct injury contemplated by jurisprudcen as that which would endwo the petitioner with standing. anticipation of harm is not equivalanet to direct injury. the party must claim some okind of injury-in-fact (Falcis III v Civil Registrar)
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DIRECT IJURY TESTE
member of HOR filed a lefislatros suit questoining the EDCA for lack of senate concurrence. does the petitioner have stnading to sue?
EXC to direct injury includes ‘legislator’s suit’
NO. he is not a member of a senate simply because of that.
those member of congress who are challening the offical act have standing only to the etextend that alleged violation impoinges on their right to partcipate in the exercise of the power of the institution of which they are members. the power to concur in a treaty or an international agreement is an institional prerogartative
group of concerned citizes nraised transcendtal imporatnce to question the deciion of the president to have the remians of former president marcos interred at the libingan ny mga bayani (LNMB) do they have locus stand i in thid aspect?
GEN rule: direct injury
EXC: transcendental importacnce
NO. transcendental impporatnt connotes that the iissue is of overreaching significant to socieyt, or of paramount public interest and the decision on the issue would have a profouund effect on the political economic , and other aspects of national life. the interment of marcos at a cemtery originally established as a national military cemetery and declared a national shrine would have no profound effect on the political economical and other aspects of our natiol life /
a private citizen filed a suit in the supreme court challenging the factual basis of the
EXC:
yes a citizen’s suit does not need to prove specific injury to him or sue as a taxpayer in order to have legal standing.
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TAXPAYER = pondo, buhis, tax measure or tax law
citizen petition questoinint the onvgress failture to convene in a joint sessino to deliberate on the proclemaion of martial law in mindawnao. does he have standing even if he has no direct injury sustained?
yes
a citizen whoh files a petitoin before the court asserting a public right satisfies this requirement of persona interest simply bescuase the pet’r is a member of the general public iupon which the righ is vested.
he may not sustain an injury as diret and adverse as compared to tothers but it is enough that he sufficiently demonstrate in hits petintion that he is entitled to protection or relif from the cort
PUBLIC RIGHT
