Log In Create Account

Philippine Bar review · Question

Practice question: Concept of Judicial Power

Multiple Choice Hard Jurisprudence

Practice question

In an actual case, a party claims that a government instrumentality imposed a legal burden wholly outside its authority through a capricious decision. The respondent argues that its executive status alone removes the action from judicial power. Assume the case otherwise satisfies the applicable requirements. Which is best?
  1. Every executive action is automatically void
  2. The expanded definition permits inquiry into grave abuse amounting to lack or excess of jurisdiction; executive status is not categorical immunity
  3. Only Congress may identify any excess of executive jurisdiction
  4. Courts must decide solely which policy is most popular
  5. Any allegation alone conclusively proves grave abuse

Legal references

  • 1987 Constitution, Article VIII, Section 1: https://lawphil.net/consti/cons1987.html
  • Integrated Bar of the Philippines v. Zamora, G.R. No. 141284, August 15, 2000, main opinion on grave-abuse review: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/36338

Answer this question in flashcards to review your response and continue practicing.