This case has been cited 1 times or more.
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2013-06-25 |
PERLAS-BERNABE, J. |
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| Inspite of its designation as a family court, the RTC of Bacolod City remains possessed of authority as a court of general original jurisdiction to pass upon all kinds of cases whether civil, criminal, special proceedings, land registration, guardianship, naturalization, admiralty or insolvency.[44] It is settled that RTCs have jurisdiction to resolve the constitutionality of a statute,[45] "this authority being embraced in the general definition of the judicial power to determine what are the valid and binding laws by the criterion of their conformity to the fundamental law."[46] The Constitution vests the power of judicial review or the power to declare the constitutionality or validity of a law, treaty, international or executive agreement, presidential decree, order, instruction, ordinance, or regulation not only in this Court, but in all RTCs.[47] We said in J.M. Tuason and Co., Inc. v. CA[48] that, "[p]lainly the Constitution contemplates that the inferior courts should have jurisdiction in cases involving constitutionality of any treaty or law, for it speaks of appellate review of final judgments of inferior courts in cases where such constitutionality happens to be in issue." Section 5, Article VIII of the 1987 Constitution reads in part as follows: SEC. 5. The Supreme Court shall have the following powers: | |||||