Philippine Bar review · Question

Practice question: Concept of Judicial Power

Multiple Choice Hard Jurisprudence

Practice question

In an otherwise proper concrete challenge, a governmental board argues that the statute labels its action final and therefore even a proven whimsical exercise amounting to lack or excess of jurisdiction is categorically beyond judicial scrutiny. The petitioner seeks legal relief, not substitution of preferred policy. Which principle applies?
  1. Every statutory finality clause abolishes Article VIII
  2. The constitutional duty to determine qualifying governmental grave abuse cannot be answered merely by the label final
  3. The board may amend the constitutional definition
  4. The petitioner must instead ask a private company to decide
  5. No distinction exists between review for grave abuse and policy administration

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article VIII, Section 1.
  • Francisco v. House of Representatives, G.R. No. 160261 et al., November 10, 2003, main opinion: https://lawphil.net/judjuris/juri2003/nov2003/gr_160261_2003.html

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