The Constitution and the Courts

REQUESITES FOR JUDICIAL INQUIRY No constitutional question shall be heard and decided by the court unless there is compliance with what are known as the requisites of a judicial inquiry. These requisites are the following: 1. There must be an actual case or controversy. 2. The question of constitutionality must be raised by the proper party. 3. The constitutional question must be raised at earliest possible opportunity. 4. The decision of the constitutional question must be necessary to the determination of the case itself. ACTUAL CONTROVERSY PACU v. Secretary of Education 97 Phil 806 The petitioners challenged a regulation of the respondent requiring all private colleges and universities to first obtain a permit from the Department of Education before they could open and operate. It appeared, however that all petitioners had previously obtained the required permit and they were questioning the regulation only because of the possibility that such permit might be denied them in the future. The Supreme Court declared the case was premature as there was no showing at the time of any conflicts of legal rights that would justify the assumption of jurisdiction by the judiciary. The court said, mere apprehension that the Secretary of Education might, under the law, withdraw the permit of one of the petitioners does not constitute a judicial controversy. PHILCONSA v. Villareal 52 SCRA 477 This is a petition to compel the Speaker of the House of Representatives to produce the books of accounts of that body in which were recorded the amount appropriated by the legislators for their allowances. Before the case could be decided, however, the 1973 Constitution became effective and the Congress of the Philippines was consequently abolished. The Supreme Court thereupon dismissed the petition, holding that the same had already become moot and academic. Perez v. Provincial Board 113 SCRA 187 It was held here that the petitioners claim to an appointive office was rendered moot and academic when he filed a certificate of candidacy for an elective office. Morelos v. De la Rosa 102 SCRA 671 An election protest will have to be dismissed upon the expiration of the protested officials term.