IN CONTEXT: The power of judicial review

President Benigno S. Aquino III yesterday said the over-reaching powers of the judiciary is the reason why he is considering Charter Change.

“‘Yung judicial reach, kailangan naman yata lagyan ng hangganan (That judicial reach, there should be a limit),” the Chief Executive said in an interview over Bombo Radyo as he pointed out that “lahat na lang pinapakialaman….mukhang sumobra naman.”

THE CHIEF EXECUTIVE

THE CHIEF EXECUTIVE

Aquino’s statement was aired by the network yesterday morning, on the same day that Chief Justice Maria Lourdes Sereno scheduled her news conference.

Sereno, however, chose not to comment on the statements of the Chief Executive.

“The Chief Justice does not respond to political questions; I don’t read anything into President Aquino’s statements,” as she added: “I have enormous respect for the President and I am sure he also has enormous respect for the office of the Chief Justice.”
THE CHIEF JUSTICE | Supreme Court Photo

THE CHIEF JUSTICE | Supreme Court Photo

Sereno is the youngest to have held the position of Chief Justice and might be the longest-serving in the position as she is set to retire in 2030 after 20 years as head of the High Court.

But what exactly is the power of the Supreme Court? Is the President right in saying that it is over-reaching especially after it ruled some parts of the controversial Disbursement Acceleration Program as unconstitutional? Is the High Court not empowered by Philippine laws to review policies of the executive?

“Despite being a separate and co-equal branch, the judiciary possesses this authority to inquire into and rule on the legality of the acts of the executive or the legislature. It is part of the system of checks and balances enshrined in the Constitution in order to avoid misuse or abuse of power,” the PCIJ reported in our MoneyPolitics website March this year as the Supreme Court was just scrutinizing the DAP.

What is the power of judicial review? What are the effects of a judicial decision?

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“THE POWER OF JUDICIAL REVIEW”

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