How to Study for Constitutional Law I

WHAT TO STUDY FOR CONSTITUTIONAL LAW I

BRANCHES OF GOVERNMENT 1. The Judiciary

◦ What is 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. [Art. VIII, Sec. 1, 1987 Constitution] ▪ Grave Abuse of Discretion exists when there is a capricious and whimsical exercise of judgement. The abuse must be patent and gross as to amount to an evasion of a positive duty or a refusal to perform a duty enjoined by law by reason of passion or hostility. [Enrile v. Sandiganbayan, G.R. No. 213847 (2013)]

What is Judicial Review?

▪ The power of the courts to test the validity of executive and legislative acts in light of their conformity with the Constitution. [Angara v. Electoral

Commission, G.R. No. L-45081 (1936)]

What are the Requisites of Judicial Review?

▪ Actual Case or Controversy - there must be a genuine conflict of legal rights and interests which can be resolved through judicial determination. [John Hay v. Lim, G.R. No. 119775 (2003)] ▪ Precludes the courts from entertaining a request for an advisory opinion, or cases that are or have become moot and academic. [Gonzales v. Narvasa, G.R. No. 140835 (2000)]

Locus Standi or Legal Standing - a party’s personal and substantial interest in a case, arising from the direct injury it has sustained or will sustain as a result of the challenged governmental action. [CREBA v. Energy Regulatory Commission, G.R. No. 174696 (2010)] ▪ May be brushed aside by the court as a mere procedural technicality in view of paramount public interest or transcendental importance of the issues involved. [Kilosbayan v. Guingona G.R. No. 113375 (1994)]

Question Raised at the Earliest Opportunity - the question of unconstitutionality of the act in question should be immediately raised in the proceedings in the lower court, instead of on appeal. [Arceta v. Mangrobang, G.R. Nos. 152895 & 153151 (Resolution), (June 15, 2004)]

Lis Mota of the Case - the decision on the constitutional question must be determinative of the case itself. [Francisco, Jr. v. House of