 Supreme Court to determine the constitutionality of a law , treaty, ordinances,

presidential issuances and other governmental acts

 Power of Judicial Review emanates from the first section of Article 8: which
states:
o Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and
enforceable, and
o 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.
o The requisites of Judicial review are: (Dumlao v. COMELEC)
 There must be an actual case/controversy
 Involves a conflict of legal rights. It must be definite,
concrete, touching the legal interests of the adverse parties
which can be resolved through judicial determination.
 The court has no authority to pass on the question of
constitutionality in advisory opinions
 Also includes the concept of “ripeness”
 Ripeness/Ripe for adjudication = When the
governmental act being challenged has a direct
adverse effect to the individual challenging it. (also
related to standing)
 The question of constitutionality must be raised by the proper
party (standing/locus standi)
 Exists when the person challenging the governmental act
has a personal and substantial interest that he has or will
sustain direct injury because of the governmental action
 The interest must be personal, and not based on a desire to
vindicate the constitutional rights of an UNRELATED
third party.
 Taxpayers – because the individual pays taxes
 Senators – because his right to his office and their
functions is usurped or challenged
 Third Party Party Standings
 Injury in fact
 Litigants will have a close relation to
the third party
 Hindrance to the third party’s ability
to protect its interest
 Also onthe Enforcement of Environmental laws
 EXCEPTION TO LOCUS STANDI is if the issue is
involves paramount public interest or transcental
importance. Locus Standi as a mere procedural
Tecynicality may be set aside by the courts
 The constitutional question must be raised at the earliest
possible opportunity
 GR: If not raised in the pleadings, it may not be raised in
trial, and if not in trial, the not in appeal.
 Reckoning Point, raised at the first Court with judicial
review powers.
 XPS: (People v. Vera)
 In criminal cases, the constitutional question may be
raised at any time in the discretion of the court.
 In civil cases, the constitutional question may be
raised at any stage if it is necessary for the
determination of the case itself
 In every case, except when there is estoppel, the
constitutional question may be raised at any stage if
it involves the jurisdiction of the court.
 The decision of the constitutional question must be necessary
to the determination of the case itself (LIS MOTA)
 As a rule the courts will not resolve the constitutional
question if the controversy may be settled on other grounds.
 THE CONSTITUTIONALITY MUST BE THE CAUSE
OF ACTION
 The presumption is that the acts of political departments are
valid, absent a clear and unmistakable showing to the
contrary.