1.

Define Judicial Power, and explain how the definition has affected
the Political Question Doctrine
VIII, Sec. 1 of the 1987 Constitution
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
The 1987 Constitution expands the concept of judicial review. Under the expanded
definition, the Court cannot agree xxx that the issues involved is a political question
beyond the jurisdiction of the court to review. When the grant of power is qualified,
conditional or subject to limitations, the issue of whether the prescribed
qualifications or conditions have been met or the limitations respected is justiciable
the problem being one of legality or validity, not its wisdom. Moreover, the
jurisdiction to delimit constitutional boundaries has been given to this court. When
political questions are involved, the Constitution limits the delimitation as to
whether or not there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of the official whose action is being questioned

2. Discuss the nature of the Party-List System. Is it really, without

any qualification, open to all?
The party-list system is a social justice tool designed not only to give more law to
the great masses of our people who have less in life, but also to enable them to
become veritable lawmakers themselves, empowered to participate directly in the
enactment of laws designed to benefit them. It intends to make the marginalized
and the underrepresented not merely passive recipients of the States benevolence,
but active participants in the mainstream of representative democracy. Thus,
allowing all individuals and groups, including those which now dominate district
elections, to have the same opportunity to participate in party-list elections would
desecrate this lofty objective and mongrelize the social justice mechanism into an
atrocious veneer for traditional politics.

3. What is an Executive Privilege? What are its varieties? Briefly

discuss
Executive privilege is the power of the President to withhold certain types of
information from the public, the courts, and the Congress
Its varieties are the following:

State secret privilege invoked by Presidents on the ground that the information is
of such nature that its disclosure would subvert crucial military or diplomatic
objective.
2. Informers privilege privilege of the government not to disclose the identity of
persons who furnish information in violations of law to officers charged with the
enforcement of the law.

3. General privilege for internal deliberations. Said to attach to intragovernmental

documents reflecting advisory opinions, recommendations and deliberations
comprising part of a process by which governmental decisions and
policies are
formulated.

4. Is the power of each house of Congress to conduct inquiries in aid

of legislation absolute, or are there limitations? Is it subject to
judicial review, or is it a political question? Briefly explain
The 1987 Constitution expressly recognizes the power of both houses of Congress to
conduct inquiries in aid of legislation Thus, Section 21, Article VI provides x x x.
The power of both houses of Congress to conduct inquiries in aid of
legislation is not, therefore, absolute or unlimited. Its exercise is circumscribed by
the afore-quoted provision of the Constitution. Thus, as provided therein, the
investigation must be in aid of legislation in accordance with its duly published
rules of procedure and that the rights of persons appearing in or affected by such
inquiries shall be respected. It follows then that the rights of persons under the Bill
of Rights must be respected, including the right to due process and the right not to
be compelled to testify against ones self.

5. Enumerate at least five (5) significant limitations on the martial

law power of the President
Martial law does not:
1. Suspend the operation of the Constitution;
2. Supplant the functioning of the civil courts or legislative assemblies;
3. Authorize conferment of jurisdiction over civilians where civil courts are able to
function;
4. Automatically suspend the privilege of the writ of habeas corpus.

6. What are the three (3) important requisites before foreign

military bases, troops, or facilities may be allowed in the Philippines
pursuant to Section 25, Article XVIII of the 1987 Constitution?

Section 25, Article XVIII disallows foreign military bases, troops, or facilities in the
country, unless the following conditions are sufficiently met:
(a) it must be under a treaty;
(b) the treaty must be duly concurred in by the Senate and, when so required by
Congress, ratified by a majority of the votes cast by the people in a national
referendum; and
(c) recognized as a treaty by the other contracting state.

7. What is an ad interim appointment? How is it distinguished from

a regular appointment? Is an ad interim appointment permanent or
temporary? Explain

Ad interim appointments are made when Congress is in recess and as such, the
Commission on Appointments cannot convene and vote on the appointment. Even
without the confirmation, however, the appointee gets to sit and perform the
functions and powers of the position until rejected by the CA or until the next
adjournment of Congress.
Regular appointments, on the other hand, fittingly called nominations, are made
when Congress is in session. The CA is convened to vote on the nomination. Upon
confirmation by the CA, it is only then that the appointment is finalized and
therefore allowing the appointee to sit and perform the functions and powers of the
position.
An ad interim appointment is a permanent appointment because it takes effect
immediately and can no longer be withdrawn by the President once the appointee
has qualified into office. The fact that it is subject to confirmation by the
Commission on Appointments does not alter its permanent character. The
Constitution itself makes an ad interim appointment permanent in character by
making it effective until disapproved by the Commission on Appointments or until
the next adjournment of congress. The second paragraph of Section 16, Article VII
of the Constitution provides as follows:
The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be
effective only until disapproval by the Commission on Appointments or until the
next adjournment of the Congress.
Thus, the ad interim appointment remains effective until such disapproval or next
adjournment, signifying that it can no longer be withdrawn or revoked by the
President. The fear that the President can withdraw or revoke at any time and for
any reason an ad interim appointment is utterly without basis.