Judicial Power vs Judicial Review

Judicial Power Judicial Review

The duty to settle actual controversies, those rights that are The power to test the validity of
legally demandable and enforceable, and to determine whether legislative and executive acts in
or not there has been a grave abuse in the discretion amounting light of its conformity to the
to a lack or excess of jurisdiction in the branches or constitution (Angara v ELECOM)
instrumentalities of the government.

WHO IS GRANTED JUDICIAL POWER?

The Supreme Court and all lower courts as established by law

REQUISITES FOR JUDICIAL REVIEW (Cats Love To Dance)

1. Case; There must be an actual case or controversy
2. Legal Standing; The question of constitutionality must be raised by the appropriate party
3. Time; The constitutional question must be raised at the earliest possible moment
4. Decision; The decision of the constitutional question must be necessary to the determination of
the case

WHAT IS ACTUAL CONTROVERSY?

This involves a conflict of legal rights. It must not be moot or academic unless it is capable of repetition
yet evading review.

Moot case - a case which has already been resolved by a court of law

WHAT IS LEGAL STANDING?

The fitness of a person to file for suit

WHO HAS LOCUS STANDI/LEGAL STANDING?

One who has sustained or is in immediate danger of sustaining injury as a result of the act complained
of.

TAXPAYERS - when public funds are involved (Tolentino v Comelec)

GOVERNMENT OF THE PHILIPPINES - when questioning the validity of its own laws (People v Vera)

LEGISLATORS - when the powers of congress are being impaired

WHAT IS POLITICAL QUESTION?

POLITICAL QUESTION JUSTICIABLE CONTROVERSY

Matters to be exercised by the people in their Must have real and substantial controversy
primary political capacity
Matters to be exercised by those specifically Must be definite and concrete
delegated to some other department or
particular office of the government, with
discretionary power to act.
Concerned with the wisdom and not the Concerned with the legality of a particular
legality , of a particular measure measure

What are the requirements to be a Supreme Court Justice?

 Natural born Filipino
 At least 40 years of age
 15 years or more as a judge of a lower court or in the practice of law

COMPOSITION OF THE SUPREME COURT

 1 chief justice; 14 associate justice
 Empty seat must be filled within 90 days

HOW IS A SUPREME COURT JUSTICE CHOSEN?

A supreme court justice is chosen by the president as nominated by the judicial bar council

COMPOSITION OF THE JUDICIAL BAR COUNCIL

1. Chief Justice
2. Secretary of Justice
3. Retired member of the supreme court
4. Professor of Law
5. Representative of Congress
6. Representative of a Private Sector
7. Representative of Integrated Bar