POINTERS BP CONSTITUTIONAL LAW | ATTY. CARLOS 0. ARGUELLES AuthorPolitical law is part of public law, which deals with the organization and Ons the governmental organs of state, and defines tiie reiations of state with t8 of its terzitory.' As can be inferred from the foregoing concept, it can Ged that political law treat on two [2] aspects, to wit: [1] the organization and s of the governmental organs of the state; [2] and the relationship of the ith the inhabitants of its territory. The Constitution is the basic fundamental law that governs the and organization of the governmental organs of the state, and the tie of the state and the inhabitants of its territory. In this jurisdiction, it is all laws must be iri harmony with the Constitution. Any statute that run: 1€ Constitution is invalid. This is the so-called the Doctrine of Constitutional ' Corollary to the Doctrine of Constitutional Supremacy is the Doctrine of enal Presumption that so holds that all laws are presumed to be Any party who assails the validity of the statute has the onus to prove Jaw is unconstitutional, oterwise, the court will not ‘pass upon the tionality of the law in adherence to the Doctrine of Separation of Powers, and ption that all laws are presumed to be constitutional. A party that invokes the power of judicial review must comply with the sites sine qua,non. [1] There must an actual controversy; [2] the party Constitutional question must'be in lucos standi or a proper party; [3] the nal question must be raised at the earliest opportunity; [4] ard there is a ‘Of deciding the constitutional question. An actual case or controversy connotes that there is existing conflict of or interest which judicial intervention is indispensable. The controversy ‘imaginary. It must be imminent and existing. : A proper party or party in lycos standi is a person whose-rights or Bet aré being prejudiced or injured, or in imminent danger of being prejudiced £64 by the cnforcemert of the law sought to be assailed. It follows that the ‘iust have substantial interest in the disposition of the constitutional issue. catena of cases and in exceptional circumstances, the High Court had 2 opi Air Maga rrck - uy — Ly Quralreg © wabiiy % Lew)8. Taxpayer Doctrine go holds that a taxpayer is a proper patty to a case then the constitutional issue involves public funds. Being a taxpayer he has bstantial interest on public funds as contributor thereof, But the court has the retion either to allow a party to prosecute as taxpayer. 9. The constitutional question must be alleged in the pleadings before the itt were the petition is pending. However, it may be raised even on appeal as to assail the constitutionality of the law does not estop or bar a party from ioning the validity of the law. 10. The court will hesitate to pass upon the, constitutionality of the law if F there is no necessity of deciding the constitutional question. Necessity means that «there is urgent need to rule on the constitutional issue to-determine the rights or interest of the party. In the absence of necessity, the court in consonance to the Doctrine of Constitutional Presumption and the Doctrine of Separation of Powers will just declare that the law is constitutional. 11, ‘The Doctrine of Judicial Supremacy or avoidance so holds that the judicial department has the power to arrest /strike the acts of the execiitive of legislative department or both when the same are unconstitutional, 12. . The Regional ‘Trial Courts have the competence and authority to rule on } constitutional issue. It is the impression of some, that only the Supreme Gourt has the = power to declare a law unconstitutional. This is erroneous and misleading. The High _ Court had settied that the lower courts can decided on constitutional issues as the " former hes the power to review, reverse, modify, and affirm on appeal decisions of the latter involving constitutional questions as provided for in the constitution:? « 18. Be it noted that notwithstanding that the lower. cousts have the power to = decide constitutional issues, it is non sequitor that it have bifding effect to the other couris. Decisions of lower courts do not fall within the category of stare decisis. Ibis _ the High Court that can decide with finality the constitutional question. “3 Ynotvs. intermediate Appellate Court (448 SCRA 659) siding a Latin an atime amelie 4 ‘eee: