JUDICIARY

1. In what branch is judicial power vested?

Section 1, Article VIII of the Constitution states, “The judicial power shall be vested in one
Supreme Court and in such lower courts as may be established by law.”

2. What is judicial power?

Judicial power is the power to interpret the laws. It 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 (Sec. 1, Article VIII,
Constitution).

3. What is the power of judicial review?

Judicial review is essential for the maintenance and enforcement of the separation of powers and
the balancing of powers among the three great departments of government through the
definition and maintenance of the boundaries of authority and control between them. To him,
judicial review is the chief, indeed the only, medium of participation - or instrument of
intervention - of the judiciary in that balancing operation (Francisco vs. House of Representatives,
460 Phil. 83 0, 882-883 (2003), citing Florentino P. Feliciano).

The power of judicial review specially refers to both the authority and the duty of this Court to
determine whether a branch or an instrumentality of government has acted beyond the scope of
the latter's constitutional powers (Saguisag vs. Executive Secretary, G.R. No. 212426, January 12,
2016).

4. What are the requisites of the power of judicial review?

Jurisprudence is replete with the rule that the power of judicial review is limited by four exacting
requisites, viz : (a) there must be an actual case or controversy; (b) the petitioners must possess
locus standi; (c) the question of constitutionality must be raised at the earliest opportunity; and
(d) the issue of constitutionality must be the lis mota of the case (Imbong vs. Ochoa, G.R. No.
204819, April 8, 2014).

5. Discuss the expanded concept of the judicial review