5.

Resolution of the issue of constitutionality is unavoidable or is the

JUDICIAL REVIEW very lis mota.
Definition

1. Judicial Review is the power of the SC to declare a law, treaty,
ordinance etc. unconstitutional.
2. Lower courts may also exercise the power of judicial review,
subject to the appellate jurisdiction of the SC.
3. Only SC decisions are precedent, and thus, only SC decisions are
binding on all.
Requisites Code: [A R S Co R]
1. An ACTUAL CASE calling for the exercise of judicial power
Article 8, section 4, paragraph 2
(2) All cases involving the constitutionality of a treaty, international
or executive agreement, or law, which shall be heard by the
Supreme Court en banc, and all other cases which under the
Rules of Court are required to be heard en banc, including
those involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations, shall be
decided with the concurrence of a majority of the Members
who actually took part in the deliberations on the issues in
the case and voted thereon.

2. The question involved must be RIPE FOR ADJUDICATION, i.e.

the government act must have had an adverse effect on the person
challenging it.

3. The person challenging the governmental act must have

STANDING, i.e. a personal and substantial interest in the case such
that he has sustained, or will sustain, direct injury as a result of its
enforcement. Sec. 1. JUDICIAL POWER

4. The question of Constitutionality must be raised in the first Scope:

instance, or at the earliest opportunity.
1. Judicial power is the authority to settle justiciable controversies or 7. Judicial power includes:
disputes involving rights that are enforceable and demandable before
1. The duty of the courts to settle actual controversies
the courts of justice or the redress of wrongs for violations of such
involving rights which are legally demandable and
rights.
enforceable; and
2. Vested in the Supreme Court and such lower courts as may be 1. To determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
established by law.
jurisdiction on the part of any branch or
3. Since the courts are given judicial power and nothing more, instrumentality of the government.
courts may neither attempt to assume or be compelled to perform non-
judicial functions. They may not be charged with administrative
Political Questions:
functions except when reasonably incidental to the fulfillment of their
duties. 1. A political question is one the resolution of which has been
vested by the Constitution exclusively in either the people, in the
4. In order that courts may exercise this power, there must exist the
exercise of their sovereign capacity, or in which full discretionary
following:
authority has been delegated to a co-equal branch of the Government.
1. An actual controversy with legally demandable and
2. Thus, while courts can determine questions of legality with respect
enforceable rights;
2. Involving real parties in interest;
to governmental action, they cannot review government policy and
3. The exercise of such power will bind the parties by virtue of the wisdom thereof, for these questions have been vested by the
the courts application of existing laws. Constitution in the Executive and Legislative Departments.

5. Judicial power cannot be exercised in vacuum. Without any laws

from which rights arise and which are violated, there can be no
recourse to the courts.
6. The courts cannot be asked for advisory opinions.
Article 8
Section 1. The judicial power shall be vested in one Supreme
Court and in such lower courts as may be established by law.
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.