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    Statcon Requisites of Judicial Notes

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    Mae Becher
    1) To exercise judicial review, four requisites must be met: an actual case or controversy, legal standing, the question of constitutionality must be raised at the earliest opportunity, and the constitutionality issue must be the crux or lis mota of the case. 2) An actual case or controversy requires a ripe dispute between parties, not merely hypothetical questions. Legal standing depends on being directly affected - citizens, taxpayers, future generations all may have standing. 3) The question of constitutionality must generally be raised early, though exceptions exist. Courts will not rule on constitutionality unless it is unavoidable and central to resolving the case.

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    Statcon Requisites of Judicial Notes

    Uploaded by

    Mae Becher
    239 views2 pages
    1) To exercise judicial review, four requisites must be met: an actual case or controversy, legal standing, the question of constitutionality must be raised at the earliest opportunity, and the constitutionality issue must be the crux or lis mota of the case. 2) An actual case or controversy requires a ripe dispute between parties, not merely hypothetical questions. Legal standing depends on being directly affected - citizens, taxpayers, future generations all may have standing. 3) The question of constitutionality must generally be raised early, though exceptions exist. Courts will not rule on constitutionality unless it is unavoidable and central to resolving the case.

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    1) To exercise judicial review, four requisites must be met: an actual case or controversy, legal standing, the question of constitutionality must be raised at the earliest opportunity, and the constitutionality issue must be the crux or lis mota of the case. 2) An actual case or controversy requires a ripe dispute between parties, not merely hypothetical questions. Legal standing depends on being directly affected - citizens, taxpayers, future generations all may have standing. 3) The question of constitutionality must generally be raised early, though exceptions exist. Courts will not rule on constitutionality unless it is unavoidable and central to resolving the case.

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    © All Rights Reserved
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    239 views2 pages

    Statcon Requisites of Judicial Notes

    Uploaded by

    Mae Becher
    1) To exercise judicial review, four requisites must be met: an actual case or controversy, legal standing, the question of constitutionality must be raised at the earliest opportunity, and the constitutionality issue must be the crux or lis mota of the case. 2) An actual case or controversy requires a ripe dispute between parties, not merely hypothetical questions. Legal standing depends on being directly affected - citizens, taxpayers, future generations all may have standing. 3) The question of constitutionality must generally be raised early, though exceptions exist. Courts will not rule on constitutionality unless it is unavoidable and central to resolving the case.

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    JPV STATCON REQUISITES OF JUDICIAL NOTES

    Essential Requisites of Judicial Review that there is a wastage of public funds through the
    enforcement of an invalid or unconstitutional law.
    1) Actual case or controversy o legislator, he is allowed to sue to question the validity of
    2) Legal standing/Locus Standi any official action which he claims infringes his
    3) Question of constitutionality should be brought up at prerogatives as a legislator
    the earliest opportunity o association, has legal personality to represent its
    4) Lis Mota members, especially when it is composed of substantial
    taxpayers and the outcome will affect their vital interests,
    ACTUAL CASE OR CONTROVERSY the mere invocation by the Integrated Bar of the
    Philippines or any member of the legal profession of the
    Francisco Jr. v. House of Representatives duty to preserve the rule of law and nothing more,
    In order for courts to exercise judicial review, petitioners must although undoubtedly true, does not suffice to clothe it
    comply with the four necessary requisites for it. Namely, an with standing.
    actual case or controversy, locus standi, question of  EXEMPTION: a reading of the petition shows
    constitutionality be raised at the earliest opportunity, and that it has advanced constitutional issues which
    controversy is the lis mota deserve the attention of this Court in view of
    their seriousness, novelty and weight as
     petition raises a justiciable controversy and that when an precedents
    action of the legislative branch is seriously alleged to have o class suits filed in behalf of all citizens, persons
    infringed the Constitution, it becomes not only the right intervening must be sufficiently numerous to fully
    but in fact the duty of the judiciary to settle the dispute protect the interests of all concerned to enable the court
    o Ripeness: “It is a prerequisite that something had by then to deal properly with all interests involved in the suit, for
    been accomplished or performed by either branch before a judgment in a class suit, whether favorable or
    a court may come into the picture." Only then may the unfavorable to the class, is, under the res judicata
    courts pass on the validity of what was done, if and when principle, binding on all members of the class whether or
    the matter is challenged in an appropriate legal not they were before the court.
    proceeding. The questioned acts having been carried out, Resident Marine Mammals of the Protected Seascape
    the prerequisite that the alleged unconstitutional act Tanon Strait v. Secretary Angelo Reyes
    should be accomplished and performed before suit has One Liner: In cases involving environmental laws, the court
    been complied may waive the locus standi requirement pursuant to the
    landmark rules of procedure for environmental cases
    Lawyers Against Monopoly and Poverty v. Secretary of
    o Marine Mammals, The primary reason animal rights
    Budget and Management
    advocates and environmentalists seek to give animals and
    One Liner: In invoking judicial review, the petitioners should inanimate objects standing is due to the need to comply
    prove that the case at bar contains an actual case or with the strict requirements in bringing a suit to court.
    controversy through the “ripeness of the case” The Court passed the landmark Rules of Procedure for
    Environmental Cases, which allow for a "citizen suit,"
    o An aspect of the "case-or-controversy" requirement is and permit any Filipino citizen to file an action before
    the requisite of "ripeness “As taxpayers, LAMP would our courts for violations of our environmental laws
    somehow be adversely affected by the implementation o Inanimate object, inanimate objects are sometimes
    of PDAF. A finding of unconstitutionality would parties in litigation. A ship has a legal personality, a
    necessarily be tantamount to a misapplication of public fiction found useful for maritime purposes; other
    funds which, in turn, cause injury or hardship to inanimate objects such as nature may be legal
    taxpayers. personalities under the principle that humans are
     This affords "ripeness" to the present controversy stewards of nature
    o Rivers, The river, for example, is the living symbol of all
    LOCUS STANDI
    the life it sustains or nourishes, The river as plaintiff
    Francisco Jr. v. House of Representatives speaks for the ecological unit of life that is part of it.
    Those people who have a meaningful relation to that
    o Citizen, the interest of the petitioner assailing the body of water whether it be a fisherman, a canoeist, a
    constitutionality of a statute must be direct and personal. zoologist, or a logger must be able to speak for the values
    He must be able to show, not only that the law or any
    which the river represents and which are threatened with
    government act is invalid, but also that he sustained or is
    in imminent danger of sustaining some direct injury as a destruction
    result of its enforcement, and not merely that he suffers Oposa v. Factoran, Jr
    thereby in some indefinite way.
    o Taxpayer, he is allowed to sue where there is a claim One Liner: In establishing legal standing, future generations
    that public funds are illegally disbursed, or that public have legal personalities under the principle of
    money is being deflected to any improper purpose, or intergenerational responsibility; class suits are valid when the
    JPV STATCON REQUISITES OF JUDICIAL NOTES
    subject matter of the complaint is of common general interest
    to all citizens of the Philippines.
    o Minors, Their personality to sue in behalf of the
    succeeding generations can only be based on the concept
    of intergenerational responsibility insofar as the right to a
    balanced and healthful ecology is concerned
    o Class suits, the subject matter of the complaint is of
    common and general interest not just to several, but to all
    citizens of the Philippines. Since the parties are so
    numerous, it becomes impracticable, if not totally
    impossible, to bring all of them before the court.

    EARLIEST OPPORTUNITY

    Umali v. Guingona, Jr. G.R. No. 131124

    One Liner: Petitioners must raise the question of


    constitutionality in the court that has original jurisdiction of
    the case
    o The issue of constitutionality of the PCAGC was only
    posed by petitioner in his motion for reconsideration
    before the Regional Trial Court of Makati. It was
    certainly too late to raise the said issue for the 5rst time
    at such late stage of the proceedings below
    Exception to earliest opportunity

    o The general rule is that questions of constitutionality


    must be raised at the earliest possible opportunity, not
    during pleadings. An exception to this would be during
    the following instances:
    o Criminal cases – constitutionality may be raised at any
    time but at the discretion of the court
    o Civil cases – constitutionality may be raised at any stage
    of the proceedings if it is necessary for the determination
    of the case itself
    o All other cases except when there is estoppel -
    constitutionality may be raised if it involves the
    jurisdiction of the court

    LIS MOTA

    Francisco Jr. v. House of Representatives


    o courts will not touch the issue of constitutionality unless
    it is truly unavoidable and is the very lis mota or crux of
    the controversy
    o Court holds that the two remaining issues, inextricably
    linked as they are, constitute the very lis mota of the
    instant controversy: (1) whether Sections 15 and 16 of
    Rule V of the House Impeachment Rules adopted by the
    12th Congress are unconstitutional for violating the
    provisions of Section 3, Article XI of the Constitution;
    and (2) whether, as a result thereof, the second
    impeachment complaint is barred under Section 3(5) of
    Article XI of the Constitution.

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