Identify the requisites for judicial review - answer1. actual case or controversy,
2. standing/locus standi,
3. question of constitutionality is raised at the earliest opportunity,
4. issue of constitutionality is the lis mota of the case
An inconsistent treaty that is entered into subsequent to a statute has the effect of repealing the
statute. True or False? - answerFalse
The Supreme court cannot issue advisory opinions. True or False? - answerTrue
Any person can challenge a martial law proclamation. True or False? - answerFalse
The doctrine of non-delegability of powers applies not only to legislative power but also to executive
and judicial power. True or False? - answerTrue
The President can exercise control over executive officers of local governments. True or False? -
answerFalse
,What are the two tests to determine the validity of delegation of legislative power? -
answerCompleteness test and Sufficient Standard Test
What are three extraordinary powers of the President as commander-in-chief? - answer1. Calling out
power
2. Power to suspend the privilege of the writ of habeas corpus
3. Power to declare martial law
What are the five specific powers of the President? - answer(Any 5 of the following)
1. Power to address Congress
2. Power to submit budget to Congress
3. Power to enter into treaties or international agreements
4. Power to contract or guarantee foreign loans
5. Power to grant amnesty with the concurrence of Congress
6. Power to grant reprieves, commutations, and pardons
7. Powers under the commander-in-chief
8. Appointing power
9. Power to execute laws
10. Power of control over all executive departments, bureaus and offices
What standard of proof does the Supreme Court apply in reviewing the sufficiency of the factual basis of
the President's proclamation of Martial Law? - answerProbable Cause
The concurrence of the Senate is not necessary for international treaties. True or false? - answerTrue
The power of the President to withdraw from treaties is not absolute. True or False? - answerTrue
Imminent invasion or rebellion, together with public necessity, is sufficient basis for the declaration of
martial law. True or false? - answerFalse
, A proclamation of Martial Law automatically results in the suspension of the privilege of the writ of
habeas corpus. True or False? - answerFalse
Under what circumstances may the Supreme Court overlook the rule of the hierarchy of courts? -
answerWhen the lower courts are incapable of handling the case*
Other choices are the following:
b.) when there is a need for a speedy resolution of the case
c.) when the parties are unable to afford the fees in lower courts
d.) when the case is a criminal matter
What is the primary difference between the Court's traditional jurisdiction and expanded jurisdiction in
terms of subject of review? - answerTraditional jurisdiction reviews acts of judicial bodies, while
expanded jurisdiction reviews acts of any branch of government
What is the primary innovation of the 1987 Constitution's definition of judicial power compared to
earlier constitutions? - answerThe expansion of the court's power to hear a wider range of cases*
Other choices are the following:
b.) The inclusion of legislative acts as subject to judicial review.
c.) The delegation of judicial power to executive agencies.
d.) The limitation of the Court's jurisdiction to actual controversies.
Describe the concept of legal standing. - answerParties with standing must demonstrate a personal and
substantial interest in the case that results in direct injury due to the challenged government acts
An NGO has filed a petition questioning the constitutionality of a new environmental law that allows for
the increased extraction of natural resources from a protected area. The NGO argues that this law will
lead to irreversible damage to the ecosystem and will adversely affect the communities dependent on
the area for their livelihoods. The NGO has no members or constituents who live in or near the affected
area. Can the NGO claim legal standing to challenge the constitutionality of the law? - answerNo,
because the NGO does not have a personal stake in the outcome of the controversy and cannot
demonstrate direct injury from the governmental act
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