Philippine Bar review · Question

Practice question: Calling Out Powers

Multiple Choice Hard Jurisprudence

Practice question

The President invokes calling out to assist police during sustained lawless violence. In a proper challenge, government lawyers say that the President's broad discretion makes any judicial inquiry into grave abuse constitutionally impossible. The challenger, in turn, says a court must replace the President's operational preferences whenever another tactic appears better. Which statement best reflects IBP?
  1. The deployment is entirely beyond constitutional judicial review
  2. Courts always substitute their tactical preference
  3. Congress alone may exercise any review
  4. Broad executive discretion does not exclude grave-abuse review, but review is not ordinary substitution of tactical judgment
  5. Any disagreement about tactics proves grave abuse

Legal references

  • 1987 Constitution, Article VII, Section 18: https://lawphil.net/consti/cons1987.html
  • Integrated Bar of the Philippines v. Zamora, G.R. No. 141284, August 15, 2000, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/36338

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