Log In Create Account

Philippine Bar review · Question

Practice question: Requisites

Multiple Choice Hard

Practice question

A litigant satisfies actual controversy and standing and raises a constitutional question promptly. The court can fully grant the requested relief on an independent clear statutory ground that makes the constitutional issue unnecessary. The litigant argues satisfying three requisites compels a constitutional ruling anyway. Which is best?
  1. Three requisites automatically erase the fourth
  2. Standing requires every court to issue an advisory constitutional opinion
  3. The parties may force an unnecessary constitutional ruling by agreement
  4. The statutory ground must be ignored merely because a constitutional brief is longer
  5. The lis mota requirement remains independent, so the unnecessary constitutional question need not be decided

Legal references

  • 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.