1. MARBURY vs.
MADISON said right; hence, the law of the
ISSUE:
a. WON Marbury has a legal right to the
commission?
b. If it has legal right, did the law provide
him with proper remedy
c. WON the proper remedy for such
violation was writ of mandamus to be
awarded by the SC
FACTS:
In the week of Jefferson’s inauguration,
President Adams, in an effort to preserve his
Federalist party’s control over the judiciary
and to frustrate the agenda of Jefferson’s
Republican Party, he proceeded to fill in the
judgeship positions in the country. Because
Marbury is one of those last appointments
(the midnight appointments), he did not
receive his commission before Jefferson
became the president. Once Pres. Jeferson is
in office, he directed his Secretary of State,
Thomas Madison, to withhold the commission
of Marbury. With that, Marbury petitioned in
court and prayed that the court will issue im a
writ of mandamus in order to compel
Madison to deliver his commission.
RULING:
a. The court ruled that Marbury has
legal right over the commission he
prayed for. Judge Marshall held that
the validity of the commission existed
from the time the president signed it
and transmitted it to the Secretary of
State to affix his seal. The Secretary of
the State now has the ministerial task
of delivering the said commission to
Marbury. Because Masbury has the
legal right to receive the questioned
commission, failure to deliver such is
tantamount to the violation of the
country afford him of a remedy.
Although Judge Marshall could have
held that the proper remedy was a
writ of mandamus from SC, but
instead, he declared that the court
does not have the power to issue such
the relevant provision of the Judiciary
Act of 1789 was unconstitutional.
Section 13 of the said act provides
that the SC has the authority to issue
writs of mandamus in cases
warranted by the principles and usage
of law. Such provision is contrary to
the express provision of Section 2
Article 3 of the constitution which
states that in all cases affecting
ambassadors, public ministers, and
consuls, the SC shall have original
jurisdiction. In surrendering the
petition for the writ of mandamus,
Judge Marshall gained for the court
the pwer of judicial review, which is
the power of the SC to determine
whether any law, treaty, contract,
rules, regulations, international
agreements, or executive order is
unconstitutional.
2. ANGARA vs. ELECTORAL
COMMISSSION
ISSUE:
a. WON the SC has jurisdiction over the
EC and the subject matter of
controversy
b. WON the EC acted without or in excess
of jurisdiction in assuming to the
cognizance election protest filed
notwithstanding the previous
confirmation of the NA
FACTS:
In September 1935, Jose Angara, the
petitioner, together with Pedro Ynsua, the
respondent, were candidates for the position
to be a member of the NA, in the first district
of Tayabas. In October 1935, the provincial
board of canvassers proclaimed Angara to be
a member-elect of the NA. Later in November
of the same year, Angara took an oath of
office. On December 3, 1935, Resolution No. 8
was passed by the NA confirming the
proclamation of the members of the NA
without pending protest. On December 8,
1935, Ynsua filed a Motion of protest against
the election of Angara before the Electoral
Commission. On that same day, the EC
adopted a resolution fixing that date as the
last date of filing an election protest against
any member of the NA. Angara filed a motion
to dismiss the protest alleging that the protest
was filed beyond the prescribed period, as
Resolution No. 8 was adopted in the exercise
of the legitimate constitutional prerogative of
the NA.
RULING:
a. The Court ruled that the SC has
jurisdiction over the EC and the
subject matter of controversy. Under
the doctrine of separation of powers,
though each department of the
government has exclusive cognizance
on matters within its jurisdiction, the
Constitution provides for an elaborate
system of checks and balance to
secure coordination on the various
workings of the departments. When
there is a conflict between the
boundaries of the powers and
functions of the different branches or
agencies of the government, the
judiciary has the power to review and
resolve these issues through judicial
review. This so called judicial
supremacy is the power of judicial
review limited to actual cases or
controversies, and is the power and
duty of the court to see that no
branch or agency of the government
transcends the constitution.
b. The court further ruled that the EC
does not act without or in excess of its
jurisdiction when it takes cognizance
of the election protest filed by Ynsua.
The EC is recognized as an
independent quasi-judicial body
which is not an inferior tribunal,
corporation, board, or person, and is
thus granted the power and authority
to be the sole judge of all cases
relating to election, returns and
qualifications of the members of the
NA. The present constitution granted
the EC all the powers exercised by the
legislative relating to the said
function, which includes the
promulgation and regulation of the
rules and regulation regarding
election protests. The confirmation of
NA is not required and does not limit
the powers of the EC with regard to
the election protest filed against
Angara.
3. GARCIA vs. BOARD OF INVESTMENTS
ISSUE:
WON the BOI committed a grave abuse of
discretion in approving the application of the
BPC with regard to the transfer of the plant
site from Bataan to Batangas without
consideration to the national interest.
FACTS:
Former Bataan Petrochemical Corporation,
now Luzon Petrochemical Corporation,
organized by a group of Taiwanese investors
was granted by the BOI of the transfer of its
plant site from Bataan to Batangas, and the
shift of its feedstock or fuel from naptha to
naptha and/or liquefied petroleum gas. In
February 1989, after one year of operation in
Bataan, BPC applied for the transfer of its
plant site to Batangas. Despite the several
oppositions from Garcia and others, the BOI
granted such transfer explaining that it is the
corporation’s final choice since they are the
ones whose capital may be at risk.