It recognizes the power and authority to deny assess

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Unformatted text preview: problems. Note: A petition raising a constitutional question does not present an “actual controversy” unless it alleges a legal right or power. Moreover, it must show that a conflict of rights exists, for inherent in the term “controversy” is the presence of opposing POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. JUDICIAL DEPARTMENT views or contentions. The controversy must also be justiciable; that is, it must be susceptible of judicial determination. (IBP v. Hon. Ronaldo B. Zamora, G.R. No. 141284, Aug. 15, 2000) 2. Proper party – one who has sustained or is in immediate danger of sustaining an injury as a result of the act complained of. GR: If there is no actual or potential injury, complainant has no legal personality to raise Constitutional questions XPN: If the question is of transcendental importance Note: The Principle of Transcendental Importance is determined by: a. The character of the funds or other assets involved in the case; b. The presence of a clear case of disregard of a constitutional or statutory prohibition by the public respondent agency or instrumentality of the government; c. The lack of any other party with a more direct and specific interest in raising the questions being raised. (Francisco, Jr. v. House of Representatives, G.R. No. 160261, Nov. 10, 2003) 3. Earliest opportunity – Constitutional question must be raised at the earliest possible opportunity. If not raised in pleadings, it cannot be considered in trial and on appeal. However, such is not absolute. It is subject to the following conditions: a. Criminal case – it may be brought at any stage of the proceedings according to the discretion of the judge (trial or appeal) because no one shall be brou...
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This document was uploaded on 03/12/2014.

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