This case has been cited 2 times or more.
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2008-03-31 |
VELASCO JR., J. |
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| Lest it be overlooked, the unconstitutionality of a law must clearly be demonstrated. It cannot be predicated on speculations or hypothetical fears that its provisions may be perverted or the powers granted abused. All powers are susceptible to misuse and abuse, but that is hardly a reason to strike down the law. While the Court may declare a law or portions thereof unconstitutional, it is imperative that the petitioner shows a clear and unequivocal breach of the Constitution, not merely a doubtful or argumentative one.[49] And it is basic that the matter of constitutionality shall, as a rule, be considered if it is the lis mota of the case and raised and argued at the earliest opportunity. Estarija v. Ranada formulates the rule in the following wise:When the issue of unconstitutionality of a legislative act is raised, the Court may exercise its power of judicial review only if the following requisites are present: (1) an actual and appropriate case and controversy; (2) a person and substantial interest of the party raising the constitutional question; (3) the exercise of judicial review is pleaded at the earliest opportunity; and (4) the constitutional question raised is the very lis mota of the case. | |||||
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2005-07-29 |
AZCUNA, J. |
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| As this Court enters upon the task of passing on the validity of an act of a co-equal and coordinate branch of the Government, it bears emphasis that deeply ingrained in our jurisprudence is the time-honored principle that a statute is presumed to be valid.[8] This presumption is rooted in the doctrine of separation of powers which enjoins upon the three coordinate departments of the Government a becoming courtesy for each other's acts.[9] Hence, to doubt is to sustain. The theory is that before the act was done or the law was enacted, earnest studies were made by Congress, or the President, or both, to insure that the Constitution would not be breached.[10] This Court, however, may declare a law, or portions thereof, unconstitutional where a petitioner has shown a clear and unequivocal breach of the Constitution, not merely a doubtful or argumentative one.[11] In other words, before a statute or a portion thereof may be declared unconstitutional, it must be shown that the statute or issuance violates the Constitution clearly, palpably and plainly, and in such a manner as to leave no doubt or hesitation in the mind of the Court.[12] | |||||