League of cities of the philippines v comelec gr no

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Unformatted text preview: Manglapus, G.R. No. 88211, Oct. 27, 1989) Note: Residual powers are those not stated or found in the Constitution but which the President may validly exercise. j. Impoundment Power Q: What is impoundment power? A: Impoundment refers to the refusal of the President, for whatever reason, to spend funds made available by Congress. It is the failure to spend or obligate budget authority of any type. Q: What are the principal sources of this power? ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 57 UST GOLDEN NOTES 2011 E. JUDICIAL DEPARTMENT a. JUDICIAL POWER Q: What is judicial power? A: Includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. (Sec. 1[2], Art. VIII) Q: In what body is it vested? A: It is vested in one Supreme Court (SC) and such lower courts as may be established by law. (Sec. 1, Art. VIII) qualified, conditional or subject to limitations, the issue of whether the prescribed qualifications or conditions have been met or the limitations respected is justiciable—the problem being one of legality or validity, not its wisdom. Moreover, the jurisdiction to delimit constitutional boundaries has been given to the SC. When political questions are involved, the Constitution limits the delimitation as to whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the official whose action is being questioned. Note: The courts cannot be asked for advisory opinions. Q: Can...
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