Professional Documents
Culture Documents
1. Judicial power is vested in one Supreme Court and in such lower courts as may be
established by law. (Art VIII, Sec. 1, Phil. Const.) 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 a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government.
APPROPRIATE CASE
- a bona fide case, raises a justiciable controversy (actual controversies)
Justiciable
- refers to a matter which is appropriate for court review; issues inherently susceptible of being
decided on grounds recognized by law (except political question)
Political Questions
- concerned with issues dependent upon the wisdom, not the legality, of a particular act or
measure being assailed; questions which are to be decided by the people in their sovereign
capacity, or in regard to which full discretionary authority has been delegated to the legislature or
executive
Judicial Controversy
- by mere enactment of questioned law or approval of the challenged action ( ripeness )
STANDING TO SUE
1. he has suffered some actual or threatened injury asa result of the allegedly illegal conduct
of government
2. when issue raised is of paramount importance to the public, the Court may brush aside
technicalities of procedure
Taxpayers Suit
- allowed where there is a claim that public funds are illegally disbursed, or that public money is
being deflected to any improper purpose, or that there is wastage of public funds.
Standing
- whether such parties have alleged such a personal stake in the outcome of the controversy
(must not be in an indefinite way)
3. lack of any other party with a more direct and specific interest in raising the question being
raised.
Political Question:
3.impossibility of deciding without an initial policy determination of a kind clearly for non
- judicial discretion
Statutory Interpretation
Difference