Category Archives: Judicial Review

Doctrine of Primary Jurisdiction and Judicial Review

Posted on February 23, 2012 by Erineus

Respondent asserts that the doctrine of primary jurisdiction “simply calls for the determination of administrative questions, which are ordinarily questions of fact, by administrative agencies rather than by courts of justice.”16 Citing Pimentel v. HRET,17 respondent avers that primary recourse … Continue reading →

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History and Nature of Impeachment and Judicial Review

Posted on January 15, 2012 by Erineus

“THE PHILIPPINES IS A DEMOCRATIC AND REPUBLICAN STATE.  SOVEREIGNTY RESIDES IN THE PEOPLE AND ALL GOVERNMENT AUTHORITY EMANATES FROM THEM.”[1] A Republican form of government rests on the conviction that sovereignty should reside in the people and that all government … Continue reading →

Posted in Democracy, History, Impeachment, Judicial Review, Philippines, Republican State, Sovereignty, Supreme Court | Tagged | 3 Comments

Is impeachment proceedings are beyond the reach of judicial review?

Posted on December 21, 2011 by Erineus

Respondents raise the impropriety of the remedies of certiorari and prohibition.  They argue that public respondent was not exercising any judicial, quasi-judicial or ministerial function in taking cognizance of the two impeachment complaints as it was exercising a political act … Continue reading →

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Essential requisites for judicial review

Posted on December 18, 2011 by Erineus

Before proceeding to resolve the issue of the constitutionality of Executive Order No. 1, the Court needs to ascertain whether the requisites for a valid exercise of its power of judicial review are present.          Like almost all powers conferred … Continue reading →

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