Requisites of Judicial Inquiry

during martial law in cases with civilian

Necessity of Deciding Constitutional defendants
Question
Partial Unconstitutionality
Courts tend to avoid the decision of
courts hesitation to declare total
constitutional question with respect
to the doctrine of separation of
unconstitutionality with respect to
powers (theory: legal maxim to
separation of powers, will savage the
doubt is to sustain- joint act
valid portions giving effect to
between the legislative and executive
legislative will
meaning law must have been
only valid if two conditions concur:
carefully studied and determined
legislature is willing to retain the
constitutional)
valid portions even if the rest of
If there are other available grounds
the statute is declared illegal
for the courts decision then
(reference: the separability clause
constitutional challenge of the law
of the said statute)
will not be touched
valid portions can stand
Even if a constitutional question has
independently as a separate
been raised there are instances when
statute
the Supreme Court will not find it
necessary to resolve
Powers of the Supreme Court
1. Original Jurisdiction
Effects of a Declaration of
Exercise of original jurisdiction over
Unconstitutionality
cases affecting ambassadors, other
public ministers, and consuls, and over
1. Orthodox view
petitions for certiorari, prohibition,
an unconstitutional act is not a law, it
mandamus, quo warranto and habeas
imposes no duties, it affords no
corpus
protection, it creates no office, it is in
international law- receiving states do
legal contemplation, inoperative, as
not have jurisdiction over diplomats
if it had not been passed... (Norton
and even consuls, except in certain
vs. Shelby)
cases where immunity is waived
Total nullity
special civil actions- certiorari,
2. Modern view
mandamus, prohibition and quo
court passing upon the question of
warranto
constitutionality does not annul or
special proceeding- habeas corpus
repeal the statute it finds in conflict
questions of jurisdiction or grave
with the Constitution
abuse of discretion are raised in
it refuses to recognize it and
petitions for certiorari, mandamus,
determines the right of the parties as
and prohibition
if such statute did not exist- in this
case only parties involved are
Certiorari- prayer that judgement be
affected
rendered annulling or modifying the
it does not repeal, supersede, revoke,
proceedings, as law requires, of such
or annul the statute
tribunal, board or officer
*Olaguer case- the Supreme Court nullified for
Mandamus- when any tribunal,
the lack of jurisdiction the military tribunals

corporation, board, or person unlawfully

neglects the performance of an act which
the law specifically enjoins as a duty
compelling the concerned party to act
Prohibition- commands the defendant to
desist from any further proceeding in the
action or matter specified therein
Quo Warranto- action for usurpation of
office or franchise or against a
corporation for violation of its original
charter or for misuse, non-use or
forfeiture of its rights and privileges
Habeas Corpus (you shall have the
body)- extended in all cases of illegal
confinement or detention by which any
person is deprived of its liberty, or by
which the rightful custody of any
persons is withheld from the person
entitled thereto

2. Appellate Jurisdiction
Review, revise, reverse, modify, or affirm
on appeal or certiorari as the law of the
Rules of the Court may provide, final
judgements and orders of the lower
courts in:
All cases involving constitutionality
or validity of any treaty,
international or executive
agreement, law, presidential decree,
proclamation, order, instruction,
ordinance, or regulations in question
all cases involving the legality of
tax, impost, assessment, or toll, or
any penalty imposed thereto
all cases in which the jurisdiction of
any lower courts is an issue
all criminal cases in which penalty
imposed is reclusion perpetua or
higher.
All cases in which the only error or
question of law is involved
Right to appeal
not embraced in the due process of
law

as long as parties have been given

opportunity to be heard in the lower
court, they cannot demand right to
appeal if the legislature sees fit to
withhold it
appeal is a general rule a matter of
statutory right entirely dependent
upon the discretion or policy of the
law making body (Congress may
provide that decisions of the lower
court be final and unappealable to
the Supreme Court)
rule above is not absolute may
appeal on the following grounds
enumerated in appellate jurisdiction
appeal are only allowed in decision
by final judgement and decrees only
of lower courts or judicial tribunals,
administrative decisions are not
included.
(ex. of administrative body- court
martial)
Appellate jurisdiction is irreducible and
may not be withdrawn by the Congress
*Case Ruffy vs Chief of Staff

3. Temporary Assignment of Judges

Assign temporary judges of lower courts
to other stations as public interest may
require. Such temporary assignment
shall not exceed six months without the
consent of the judge concerned.
power no longer belongs to the
executive authorities, eliminates
practice of rigodon de juecestransfer of judges at will of the chief
executive
temporary assignments may be
justified to arrange for:
judges with clogged dockets to
be assisted by less busy
colleagues
provide for replacement of
regular judges who may not be
expected to be impartial in the

decision of particular cases

4. Change of Venue or Place of Trail
Order a change of venue or place of
trial to avoid miscarriage of justice
examples: criminal casesendangerment of the accused; or
civil cases- sentiment of people in
certain communities hostile to one of
the parties or judges are suspected of
prejudice or partisanship