Philippine Bar review · Question

Practice question: Political Question Doctrine

Multiple Choice Medium Jurisprudence

Practice question

In a proper case, a government board’s completed act is challenged for exceeding an express statutory limit. The board responds only that its work is politically sensitive. What is the correct approach?
  1. Sensitivity automatically removes every court’s power
  2. Only a press referendum may decide legal authority
  3. Examine the claimed legal limit and review requirements rather than treating sensitivity as categorical immunity
  4. Assume the petitioner wins without reading the statute
  5. Let the board amend the statutory limit itself

Legal references

  • Tañada v. Cuenco, G.R. No. L-10520, February 28, 1957, main opinion: https://lawphil.net/judjuris/juri1957/feb1957/gr_l-10520_1957.html
  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article VIII, Section 1.

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