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?
- Sensitivity automatically removes every court’s power
- Only a press referendum may decide legal authority
- Examine the claimed legal limit and review requirements rather than treating sensitivity as categorical immunity
- Assume the petitioner wins without reading the statute
- 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.
Answer this question in flashcards to review your response and continue practicing.