1. What is judicial review?

What are its theoretical and constitutional

basis? Discuss.
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 grave
abuse of discretion amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the government.
Judicial review is based on the separation of powers of the government
(Section 1 Art. VIII). The legislature is vested with the power to enact
laws; the executive branch, the power to execute laws; and the
judiciary, the power to review statutes and acts of the executive
branch. The power of judicial review is part of the principle of checks
and balances enshrined in the constitution.
2. What are the requisites for judicial review?
The following are the requisites for judicial review:
a. An actual case or controversy. The case must not be moot or
academic. A justiciable controversy is one that involves rights that
are demandable and enforceable. There must be a contrariety of
legal rights that can be interpreted and enforced on the basis of
existing law and jurisprudence. An action for declaratory relief
therefore does not come within the category of an actual case or
controversy.
b. A proper party. A proper party is one who has sustained or will
sustain or is in immediate danger of sustaining an injury as a result
of the act complained of.
c. Ripeness. Constitutional question must be raised at the earliest
possible opportunity, such that if it were not raised in the pleadings,
it cannot be considered at the trial, and if it cannot be considered at
the trial, it cannot be considered on appeal.
d. The necessity of deciding constitutional question. The courts will, as
much as possible, avoid the decision of a constitutional question
due to the doctrine of separation of powers which enjoins upon the
other branches a proper respect for the acts of the other branches.
Thus, there is a presumption of constitutionality. The theory is that,
a law is supposed to have been carefully studied and determined to
be constitutional before it was finally enacted. So for as long as
there is another way of resolving the issue, the courts will always
decline to decide on the unconstitutionality of the case. In the event
that there is no other way to resolve the issue, the resolution of the
case must the very lis mota of the controversy.

3. What is a political question? Is the defense of political question still

available under the 1987 constitution? Discuss.
A political question involves an issue of policy. And policy is the realm
of the legislature and the executive branches. It is still available for
defense for as long as it does not involve issues that are of
transcendental importance. Whenever a controversy involves issues
that are of transcendental importance, the courts may take cognizance
of the case because it is the duty of the courts.
4. May the SC review the constitutionality or validity of an act even if the
issue is moot and academic? Discuss.
The Supreme Court may decide to review the constitutionality of an act
even if the issue is moot and academic if it is capable of repetition. The
case of Sanlakas vs. Executive Secretary is illustrative of this. The issue
in this case is whether or not Presidential Proclamation #407, which
declared a state of emergency because of the Oakwood mutiny, and
General Order #4, which order the Armed Forces of the Philippines and
the Philippine National Police to take measure to quell the rebellion, is
unconstitutional. Even after the president lifted said proclamation, the
Supreme Court decided to pass on the issue because it has the
capability of repetition.
5. What are the principles for constitutional construction?. Discuss each
one.
The following are the principles for constitutional construction:
a. Chief among the canons of constitutional construction is that the
constitution should be construed as to give way to the intendment
of the framers. The intention is discoverable in the document itself
or through the use of extrinsic aids such as records of the
constitutional convention or commission. (Ratio legis)
b. That the constitution must be construed not only in the light of the
conditions obtaining at the time of its adoption but more so of the
changes that inevitably transpires in the present and in the future.
c. In case of doubt, the constitution must be considered as selfexecuting and mandatory. A self executing rule provision is a rule
that by itself is directly or indirectly applicable without the need of
statutory implementation. The provisions in the bill of rights will be
an example. A contrary rule will give the legislature the discretion
when the provisions will become effective thus becoming
subordinate to the will of the lawmakers. In the absence of a rule to
the contrary, the provisions of the constitution should be regarded
as mandatory. As a rule therefore, whenever the language used in
the constitution is prohibitory, it is to be understood as intended to

be a positive and unequivocal negation. And when it grants power,

it is intended as a mandate and not a mere direction. (Verba legis)
d. Ut Magis Valeat Quam Pereat. The constitution must be read as a
whole.
6. When will a person have standing to challenge the constitutionality of
an act? Is having locus standi the same as being the real party in
interest? Discuss.
Locus standi means legal standing. A person will have standing to
challenge the constitutionality of an act when he is injured by the
assailed act or in danger of incurring injury by the implementation of
the act. Real party in interest would be the party who will be directly
affected adversely or benefitted by the act. In the sense that the real
party in interest is also the party that may benefit from the assailed
act, it will not be the same as those with locus standi.
7. When will a) citizen b) taxpayer c) voter d) senator or congressman
and e) association have locus standi? Discuss each.
a. A citizen will have locus standi if the controversy involves a right
granted by the constitution to all citizens of the Philippines. An
example would the right to information. The case of Chaves vs. PEA
and AMARI. The issue in this case is whether or not the people has
the right to be informed of the negotiations between the Public
Estates Authority and AMARI and also, whether or not the contract
between PEA and AMARI unconstitutional because it alienate lands
belonging to the public domain to an entity prohibited by the
constitution. On these issues a citizen will have legal standing.
b. A taxpayer will have standing on issues involving illegal
expenditures of public funds. The case of ITF vs. COMELEC is
illustrative. The issue is whether or not COMELEC violated its own
rules in awarding the contract to automate the canvassing of
election returns to an unqualified bidder. Since public funds are to
be used in this contract, any taxpayer will have legal standing in
this case.
c. A voter will have legal standing on issues involving the right of
suffrage.
d. A senator or a congressman will have legal standing if the
controversy involves the prerogatives of the congress. The case of
Ople vs. Torres is illustrative. The issue is whether or not AO 308
which establishes a national computerized identification reference
system is an usurpation of the power of congress to legislate.
8. What are deferential review, intermediate review and strict scrutiny?
Discuss each.

a. In deferential reviews, laws are upheld if they rationally upheld a

legitimate governmental interest;
b. Intermediate review means the substantiality of government
interest are seriously looked into and the availability of less
restrictive alternatives are considered.
c. Strict scrutiny is a standard of judicial review for determining the
quality and amount of governmental interest brought to justify the
regulation of fundamental freedoms. They are used to test the
validity of laws dealing with speech, race and gender.
9. What is a facial challenge? What are the void for vagueness and
overbreath doctrines? When are these available in litigation? Discuss.
a. A facial challenge challenges the validity of an statute on its face as
against to as applied. The grounds are the void for vagueness and
overbreath doctrines.
b. The void for vagueness doctrines provides that when a statute lacks
comprehensible standards that men of ordinary intelligence must
necessarily guess at its meaning and differ in its application. In this
instance, the statute is repugnant to the constitution because if
violated due process for failing to provide fair warning to people as
to what conduct to avoid and it leaves law enforcers unbridled
discretion in carrying out its provisions.
c. The overbreath doctrine decrees that a governmental purpose may
not be achieved by means which sweep unnecessarily broadly and
thereby invade the area of protected freedoms.
10.
How may the constitution be amended under the 1987
constitution? Discuss the various processes and requirements for each
one.
The constitution may be amended through the following manners:
a. By a constitutional convention. Congress may call for a
constitutional convention to draft proposals for the amendment of
the constitution. In this manner, congress shall pass a law calling for
the election of representatives of the people based on the
established congressional districts. The members of the convention
then shall write the proposals which shall be submitted to the
people in a plebiscite. The people may vote to ratify or reject the
proposals.
b. By congress sitting as a constituent assembly. By two-third vote of
each house of congress voting separately, congress may convene
itself as a constituent assembly. As such, the assembly may draft
proposals to amend the constitution. The proposals then will have to

be submitted to the people in a plebiscite. The people may vote to

ratify or reject the proposals.
c. By peoples initiative. The constitution provides; Amendment to the
constitution may likewise be proposed by the people through
initiative upon a petition of at least 12 per centum of all registered
voters, of which every legislative district must represented by at
least 3 per centum of voters registered therein. When congress
shall have enacted a law providing for a system of peoples initiative
to amend the constitution, the people may directly propose
amendment. Proposals must be submitted to the people in a
plebiscite. The people may vote to ratify or reject the proposals.