POLITICAL QUESTION

-question of policy
-It refers 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 been 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.
JUSTICIABLE/JUSTIFIABLE QUESTION
-Implies a given right, legally demandable and enforceable, an ACT or OMISSION of such right,
and a remedy granted and sanctioned by law for said breach of right.
JAVELLANA V EXECUTIVE SECRETARY
Facts:
Javellana filed a case against the Executive Secretary and other public officers, restraining the
respondents and their subordinates or agents from implementing any of the provisions of the
new 1973 Constitution. Petitioner assails that President Marcos is without authority to create the
Citizens Assembly and that the same are without power to approve the proposed Constitution
hence the alleged ratification was not a free election and thus null and void.
Then Senators Puyat and Roy when asked by the Court to comment expressed that the subject
matter of said case is a highly political question which under the circumstances, the Court would
not be in a position would not be in a position to act upon judicially.
Issue: Whether the ratification by the Citizens Assembly of the 1973 Constitution is a political
question or not?
HELD:
Yes, it is a political question.
Basis: SEPARATION OF POWERS, PRINCIPLE OF CHECKS AND BALANCES- each department is
supreme and independent of each other. One cannot encroach upon or inquire the wisdom of the
acts performed unless it is contrary to what the Constitution provides. Hence, when a branch
exercises its absolute and unqualified powers, the acts in the exercise of such power are said to
be political in nature and consequently non-justiciable or beyond judicial review.
In a vote of 6-4, the Supreme Court ruled that the 1973 Constitution is already effective and has
been held to be in compliance with the election procedure provided for under Article XV of the
1935 Constitution.
The power to propose provisional amendments lies with the Congress but the power to ratify lies
with the people in the exercise of their sovereign capacity. The legality of the submission by the
Citizens Assembly to the Congress and to President Marcos of the ratified Constitution becomes
no longer relevant because the ratification, adoption, and acquiescence by the people cures any
infirmity in its submission or any other irregularities therein which are deemed mandatory before
submission as they are is considered merely directory after such ratification or acquiescence by
the people.

PHILIPPINE BAR ASSOCIATION V COMELEC

FACTS:
BP 883 was issued by the Batasang Pambansa calling for a special elections for the position of
President and Vice President. This is upon the issuance of President Marcos of a conditional
resignation effective only when the election is held and after the winner is proclaimed and has
taken his oath 10 days after the election. The Petitioners assail BP 883 as violative of the
election provision of the Constitution regarding succession. The Petitioners allege that the the
resignation by President Marcos did not create any vacancy hence there is no need to conduct a
special election. Thus, they are praying to the Court to restrain the conduct of said elections.
Issue: whether BP883 calling for a special elections for the positions of President and Vice
President a political question?
Held: Yes, it is a political question
There is no issue more political than election, it involves the peoples right to suffrage. The
Supreme Court failed to issue any restraining order hence it had to take judicial notice of the
desire of the people to continue with the special elections.