language. W/ there is a grave abuse of discretion or w/n they acted with their jurisdiction It limits the political question defense
Concepcion 1986 Its not just a grant of power but it also gave duty on the part of the court It limits the acceptance of political question as a defense Political Reserve for sovereign people, exclusively of the jurisdiction of another branch. Only in these cases the SC will not intervene. With the matter of transcendental importance the court will take cognizance. There are safeguards provided by the court 1. there is an actual case controversy 2. standing 3. earliest opportunity 4. lis mota
the SC is the only branch of govt that can check if there is an lack or excess power on the other branch of the govt.
there are some cases that it seem so difficult. Who might have stand.no one---no right of person was violated.
Facial challenge-when a person has no standing and will ask the constitutionality of the statute.
ESTRADA VS SANDIGANBAYAN -in order to prevent the trial he filed a facial challenge
IMBONG VS OCHOA THE SC ignored the facial challenge issue. RPRH LAW not yet implemented and not suffered a direct injury.
FACIAL CHALLENGE-on its face. Apply it when the constitutionality is plain and the injury is to sweeping. -limited on application. Cannot be use in every case where ever challenge the strict scrutiny. Burden now shift to the state. Protected rights. Religion, speech, expression. Regulation is legally and constitutional
LISMOTA-2 ways Proper case Due course
Apportionment-laws to create new districts. To create new province 1. legislative 2. all the persons who are affected