G.R. No. L-28196 – 21 SCRA 774 – Political Law – Constitutional Law – The Judiciary – Judicial Power – Amendment to the Constitution – Political Question vs Justiciable Question – The act of congress enacting a law proposing amendments to the constitution is a justiciable question In June 1967, Republic […]
political question
13 posts
G.R. No. L-66088 – 127 SCRA 69 – Political Law – Constitutional Law – Amendment to the Constitution – Doctrine of Complete Submission – Political Question In January 1984, a plebiscite was to be held to allow the voters to either approve or reject amendments to the Constitution proposed by the Batasang […]
G.R. No. L-44640; G.R. No. L-44684; G.R. No. L-44714 – 73 SCRA 333 – Political Law – Constitutional Law – The Judiciary – Judicial Power – Amendment to the Constitution – Political Question vs Justiciable Question On 2 Sept 1976, Marcos issued PD No. 991 calling for a national referendum […]
G.R. No. L-57883 – 112 SCRA 294 – Political law – Constitutional Law – The Judiciary – Judicial Power; Political Question – if there is no question of law involved – BP 129 In 1981, Batas Pambansa Blg. 129, entitled “An Act Reorganizing the Judiciary, Appropriating Funds Therefor and for […]
G.R. No. L-36142 – 50 SCRA 30 – Political law – Constitutional Law – The Judiciary – Judicial Review; Political Question – Validity of the 1973 Constitution – Restriction to Judicial Power In 1973, President Ferdinand Marcos ordered the immediate implementation of the new 1973 Constitution. Josue Javellana, a Filipino […]
G.R. No. L-25716 – 17 SCRA 756 – Political Law – Constitutional Law – The Judiciary – Judicial Power Defined – The Presidential Electoral Tribunal is constitutional Fernando Lopez and Gerardo Roxas were the candidates for Vice President in the 1965 elections. Lopez won the election. Roxas appealed his loss […]
G.R. No. L-10520 – 103 Phil. 1051 – Political Law – Constitutional Law – The Judiciary – Judicial Power; Political Question Defined – Members of the Senate Electoral Tribunal After the 1955 national elections, the membership in the Senate was overwhelmingly occupied by the Nacionalista Party. The lone opposition senator was […]
G.R. No. L-44640 – 73 SCRA 333 – Political Law – Constitutional Law – The Judiciary; Judicial Power – Definition of
A JUSTICIABLE QUESTION calls upon the duty of the courts to settle actual controversies wherein there are rights (property or personal rights) involved which are legally demandable and enforceable. It is one which is proper to be examined or decided in courts of justice because its determination would not involve […]
G.R. No. L-33964 – 42 SCRA 448 – Political Law – Constitutional Law – Abandonment of the Doctrine Held in the Barcelon Case and the Montenegro Case – Suspension of the privilege of the writ of habeas corpus not a political question Due to the throwing of two hand grenades […]
G.R. No. 2808 – 5 Phil. 87 – Political Law – Constitutional Law – Bill of Rights – Suspension of the Privilege of the Writ Habeas Corpus as a Political Question being a Prerogative by the President On 31 January 1905, then Governor-General Luke Wright issued a resolution suspending the […]
In view of the requirements of due process, equal protection and other applicable constitutional guaranties, however, the exercise of such police power insofar as it may affect the life, liberty or property of any person is subject to judicial inquiry. Where such exercise of police power may be considered as […]
G.R. No. L-4221 – 91 Phil. 882 – Political Law – Constitutional Law – Bill of Rights – Suspension of the Privilege of the Writ Habeas Corpus as a Political Question being a Prerogative by the President On 18 October 1950, Maximino Montenegro was arrested for alleged communistic activities (alleged sedition, […]