Section 26, Article II of the 1987 Constitution is not self-executing and thus requires a legislative act of Congress. In other words, the prohibition of political dynasties cannot be realized or put into effect until and unless Congress exercises its constitutional law-making duty; the question of which laws to enact is a purely legislative function, which courts have no judicial control over. -SC
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Re: POLITICAL QUESTIONS
G.R. No. 157584 April 2, 2009
CONGRESSMAN ENRIQUE T. GARCIA of the 2nd District of Bataan, Petitioner,
vs.
THE EXECUTIVE SECRETARY, THE SECRETARY OF THE DEPARTMENT OF ENERGY, CALTEX PHILIPPINES, INC., PETRON CORPORATION, and PILIPINAS SHELL CORPORATION Respondents.
As Tañada v. Cuenco puts it, political questions refer
"to those questions which, under the Constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of government."
Thus, if an issue is clearly identified by the text of the Constitution as matters for discretionary action by a particular branch of government or to the people themselves then it is held to be a political question.
In the classic formulation of Justice Brennan in Baker v. Carr,
"[p]rominent on the surface of any case held to involve a political question is found a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for non-judicial discretion; or the impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government; or an unusual need for unquestioning adherence to a political decision already made; or the potentiality of embarrassment from multifarious pronouncements by various departments on the one question."
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To use the words of Baker v. Carr, the ruling that petitioner Garcia asks requires
"an initial policy determination of a kind clearly for non-judicial discretion";
the branch of government that was given by the people the full discretionary authority to formulate the policy is the legislative department.
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Failure to enact anti-political dynasty law should not discourage progressive lawmakers
Read
G.R. No. 167324 July 17, 2007
TONDO MEDICAL CENTER EMPLOYEES ASSOCIATION, RESEARCH INSTITUTE FOR TROPICAL MEDICINE EMPLOYEES ASSOCIATION, et al. Vs. THE COURT OF APPEALS, EXECUTIVE SECRETARY ALBERTO G. ROMULO, SECRETARY OF HEALTH MANUEL M. DAYRIT, SECRETARY OF BUDGET AND MANAGEMENT EMILIA T. BONCODIN,
Read
G.R. No. 161872 April 13, 2004
REV. ELLY CHAVEZ PAMATONG, ESQUIRE, petitioner,
vs.
COMMISSION ON ELECTIONS, respondent.
Read
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