(a)Hierarchy of Laws
general definition of the judicial power to
-Doctrine of Constitutional Supremacy
Legal Doctrine:
A constitution is a system of fundamental
laws for the
governance and administration of a nation.
It is
supreme, imperious, absolute and
unalterable except
by the authority from which it emanates.
Since the
constitution is the fundamental,
paramount and
supreme law of the nation, it is deemed
written in
every statute and contract.
Effectivity of 1987 Consitution
Section 27, Article XVIII of the 1987
Constitution reading:
"Sec. 27. This Constitution shall take effect
immediately upon its ratification by a
majority of the votes cast in a plebiscite
held for the purpose and shall supersede
all previous Constitutions.
Judicial power
Judicial power authorizes this; and when
the exercise is demanded, there should be
no shirking of the task for fear of
retaliation, or loss of favor, or popular
censure, or any other similar inhibition
unworthy of the bench, especially this
Court.
This authority being embraced in the
determine what are the valid and binding
laws by the criterion of their conformity to
the fundamental law.” The Constitution
vests the power of judicial review or the
power to declare the constitutionality or
validity of a law, treaty, international or
executive agreement, presidential decree,
order, instruction, ordinance, or regulation
not only in this Court, but in all RTCs. We
said in J.M. Tuason and Co., Inc. v. CA that,
“plainly the Constitution contemplates
that the inferior courts should have
jurisdiction in cases involving
constitutionality of any treaty or law, for it
speaks of appellate review of final
judgments of inferior courts in cases
where such constitutionality happens to
be in issue.” Section 5, Article VIII of the
1987 Constitution reads in part as follows:
SEC. 5. The Supreme Court shall have the
following powers:
2. Review, revise, reverse, modify, or affirm
on appeal or certiorari, as the law or the
Rules of Court may provide, final
judgments and orders of lower courts in:
a. All cases in which the constitutionality or
validity of any treaty, international or
executive agreement, law, presidential
decree, proclamation, order, instruction,
ordinance, or regulation is in question
judicial inquiry:
judicial inquiry are present: (1) the
existence of an appropriate case; (2) an
interest personal and substantial by the
party raising the constitutional question; (3)
the plea that the function be exercised at
the earliest opportunity; and (4) the
necessity that the constitutional question
be passed upon in order to decide the case"
(People v. Vera, 65 Phil. 56 [1937]; Dumlao
v. COMELEC, 95 SCRA 400 [1980]; National
Economic Protectionism Association v.
Ongpin, 171 SCRA 657 [1989]).
Requisites of judicial review
the Court may exercise its power of
judicial review only if the following
requisites are present: (1) an actual and
appropriate case and controversy exists; (2)
a personal and substantial interest of the
party raising the constitutional question; (3)
the exercise of judicial review is pleaded at
the earliest opportunity; and (4) the
constitutional question raised is the very lis
mota of the case.7 Only when these
requisites are satisfied may the Court
assume jurisdiction over a question of
unconstitutionality or invalidity of an act
of Congress.
operative fact doctrine is an admission
that the law is unconstitutional.
the operative fact doctrine is of minimal or
altogether without relevance to the
instant case as it applies only in
considering the effects of a declaration of
unconstitutionality of a statute, and not of
a declaration of nullity of a contract.
"operative fact" doctrine is inapplicable to
the present case because it is an equitable
doctrine which could not be used to
countenance an inequitable result that is
contrary to its proper office.
The operative fact doctrine applies in
considering the effects of a declaration of
unconstitutionality of a statute or a rule
issued by the Executive Department that is
accorded the same status as a statute.

political questions the operative fact doctrine applies only to

a declaration of unconstitutionality of a
Political questions refer "to those
statute or an executive rule-making
questions which, under the Constitution,
issuance, conferring legitimacy upon past
are to be decided by the people in their
acts or omissions done in reliance thereof
sovereign capacity, or in regard to which
prior to the declaration of its invalidity;
full discretionary authority has been
delegated to the legislative or executive
branch of the government. It is concerned
the Court applied the operative fact
with issues dependent upon the wisdom,
doctrine in considering the effects of
not legality of a particular measure."
nullifying an executive act done not
pursuant to the exercise of
quasi-legislative power.
operative fact doctrine

Under the operative fact doctrine, the law

is recognized as unconstitutional but the
effects of the unconstitutional law, prior to
its declaration of nullity, may be left
undisturbed as a matter of equity and fair
play. In fact, the invocation of the