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THE JUDICIARY - In Remedial Law, referred to loosely as “special courts”- Doctrine of Primary Jurisdiction. ART. VIII Sec. 1 Par. 1- “The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law” - Part of the executive. *The Supreme Court is the only constitutional court. Ex. CSC, SEC, COA, COMELEC Q. SB? *Since quasi-judicial bodies are not strictly courts, their jurisdiction is strictly construed against them. A. No. It is not a constitutional court, although mentioned in the Constitution. It is only a constitutionally mandated court. JUDICIAL POWER AND POLITICAL QUESTION DOCTRINE *Judicial power is not vested in the Supreme Court alone. Q. What is JUDICIAL POWER? *It is vested as well in such lower courts as may be established by law. A. JUDICIAL POWER includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and “Such lower courts as may be established by law” (BP 129 Judiciary enforceable, and to determine whether or not there has been a grave abuse Reorganization Act of 1980) of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. (Art. VIII, Sec. 1, Par. 2) *Court of Appeals- referred to as lower collegiate courts - Definition of Judicial Power. *Regional Trial Courts- courts of general jurisdiction - Not found in the 1935 and 1973 Constitution. *Courts of limited jurisdiction- (1) Metropolitan Trial Courts (2) MTCC [chartered cities] (3) Municipal Trial Courts/ Municipal Circuit Trial Courts - Represents a broadening of judicial power to enable the courts of justice to review what was before forbidden territory. *Sandiganbayan- special court having jurisdiction over public officers; co- equal with the Court of Appeals. “DUTY” *Court of Tax Appeals- special court having jurisdiction over tax appeals -The provision uses the word DUTY cases. -The settlement of controversies and the determination of whether or not *SHARIAH COURTS- pursuant to Muslim Code; 2 levels: there has been grave abuse of discretion is not merely a power- it is a duty of the courts as well. (1) Shariah District Court- equivalent to RTC -in power, the power holder has discretion to exercise. (2) Shariah Circuit Court- equivalent to MTC -if it was only a power, then the courts has the discretion to exercise it or not. *QUASI JUDICIAL BODIES- strictly speaking, they are not courts- do not form part of the judicial system. -Since it is a duty, there is no such discretion- the exercise of the power is obligatory and mandatory upon the courts. - They are administrative bodies performing quasi-judicial functions. TWO PARTS OF THE DEFINITION Political Law Review Notes (Atty. Edwin Sandoval) 1 Prepared by: Atty Joan P. Gamboa 1. To settle actual controversies involving rights which are legally -The legislative and the executive are called POLITICAL BRANCHES of the demandable and enforceable. (TRADITIONAL) government, where policies are formulated, enacted and implemented. -Very limited definition. -Questions of policy that are formulated by the political branches and thus cannot be the subject of judicial review. This includes questions involving the -Maybe defeated by the political question doctrine. wisdom, propriety, efficacy or morality of an act. 2. To determine whether or not there has been grave abuse of discretion TAÑADA VS. CUENCO amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. (EXPANDED) -Classic definition of political question. -Expanded Power of Judicial Review or the Extraordinary Power to -POLITICAL QUESTIONS refer to those questions which under the Determine Grave Abuse of Discretion as referred to by the Supreme Court. Constitution are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the -Political question doctrine has been greatly diminished. legislative or executive branch of the government. Q. How does the definition of judicial power under the present Constitution TWO TYPES OF POLITICAL QUESTIONS affected the political question doctrine? 1. Those questions which under the Constitution are to be A. The 1987 Constitution expands the concept of judicial review. Under the decided by the people in their sovereign capacity. expanded definition, the Court cannot agree xxx that the issues involved is a political question beyond the jurisdiction of the court to review. When the Ex. Recall under the LGC grant of power is qualified, conditional or subject to limitations, the issue of whether the prescribed qualifications or conditions have been met or the -A mode of removing a local elective official even before the 3 year term on limitations respected is justiciable – the problem being one of legality or the ground of loss of trust/confidence. validity, not its wisdom. Moreover, the jurisdiction to delimit constitutional boundaries has been given to this court. When political questions are -There is only one ground for recall-loss of confidence. involved, the Constitution limits the delimitation as to whether or not there has been a grave abuse of discretion amounting to lack or excess of EVARDONE VS. COMELEC jurisdiction on the part of the official whose action is being questioned. *Loss of confidence as a ground for recall is a political question. Q. What are political questions? *After all, the initiation of the recall process is not the recall itself. A.-Origin: The principle of separation of powers. *In the recall election, the people will decide whether or not they have lost -In turn, this principle is the result of our Presidential System of Government. their confidence in the official concerned. (In a Parliamentary government, the executive and the legislative branches *Hence, it is a question which has to be decided by the people in their are welded together) sovereign capacity. -Thus, legislative power is given to Congress; executive power is given to *When? In the recall election itself. the President and judicial power is given to the Supreme Court- 3 great powers distributed among 3 branches of government. *Not subject to judicial review. ESTRADA VS. DESIERTO-EDSA 1 Political Law Review Notes (Atty. Edwin Sandoval) 2 Prepared by: Atty Joan P. Gamboa *Lawyers League for a Better Philippines vs. Aquino the Office of the President. *Oliver Lozano filed a petition before the Supreme Court questioning the -Extra-constitutional and the legitimacy of the new -Intra-constitutional and the resignation of the sitting legitimacy of the Cory government. government that resulted from it cannot be the subject of President that it caused and the succession of the Vice judicial review. President as president are subject to judicial review. *According to the petition, most of the people who went to EDSA are not really serious in overthrowing the Marcos government. (Most were vendors) -Involves legal questions. SC: dismissed the petition. -Presented a political question. *No matter, We will no longer inquire into the motives of the people in going to EDSA. The facts were: because of the magnitude of the people who were in EDSA, Marcos fled to Hawaii, so that the Cory government was able to take effective control of the machinery of the State without resistance from the people. Furthermore, the international community has recognized the 2. Those in regard to which full discretionary authority has been Cory Government. Hence, there can be no more question as to the de jure delegated by the Constitution to the executive or legislative status of the said government. branch of the government. *The Aquino government was the result of a successful revolution by the Ex. Calling out power of the President under Article VII, Sec. 18 sovereign people-it was installed through a direct exercise of the power of the Filipino people, in defiance of the provisions of the 1973 Constitution. IBP VS. ZAMORA The legitimacy of a government sired by a successful revolution by people power is beyond judicial scrutiny; such government automatically orbits out *During the time of President Estrada, he issued a LOI ordering the of the constitutional loop. deployment of Marines in the metropolis to conduct joint visibility patrols with members of the PNP in various shopping malls. Estrada vs. Desierto *IBP asks that the exercise of such power be subjected to judicial review. *Desierto argues that the legitimacy of Arroyo’s assumption to the presidency is a political question, and invokes the ruling in the Lawyers SC: No. League case. *When the President calls the armed forces to prevent or suppress lawless SC: No. (Justice Reynato S. Puno) violence, invasion or rebellion, he necessarily exercises a discretionary power solely vested in his wisdom. This is clear from the intent of the *Arroyo’s government is not revolutionary in character. The oath she took is framers and from the text of the Constitution. Thus, the Court cannot be the oath under the 1987 Constitution. Indeed, she has stressed that she is compelled upon to overrule the President’s wisdom or substitute its own. discharging the powers of the presidency under the authority of the 1987 However this does not prevent an examination of whether such power was Constitution. exercised within permissible constitutional limits or whether it was exercised in a manner constituting grave abuse of discretion. LEGAL DISTINCTIONS BETWEEN EDSA 1 AND EDSA 2 3 powers under Art. VII, Sec. 18 EDSA 1 1. Calling out power as commander-in-chief of AFP -Involves the exercise of the people power of revolution -Involves the exercise of the people power of freedom of which overthrows the whole government. speech and freedom to assemble,2. Declare to Martial petition Law the government for redress of grievances which only affected Political Law Review Notes (Atty. Edwin Sandoval) 3 Prepared by: Atty Joan P.

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