Judicial power, Constitutional Law

1. Duty of courts

Judicial power. Judicial power – includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. (Paragraph 2, Section 1, Article VIII, 1987 Constitution)

Test validity of executive and legislative acts. The power of judicial review is the power of the courts to test the validity of executive and legislative acts for their conformity with the Constitution. Through such power, the judiciary enforces and upholds the supremacy of the Constitution. (Garcia v. Executive Secretary, En Banc, G.R. No. 157584, 02 April 2009)

1987 Constitution expanded scope of judicial review. The 1987 Constitution has expanded the scope of judicial power from its traditional understanding. As such, courts are not only expected to settle actual controversies involving rights which are legally demandable and enforceable, but are also empowered to determine if any government branch or instrumentality has acted beyond the scope of its powers, such that there is grave abuse of discretion. (Kilusang Mayo Uno v. Aquino, En Banc, G.R. No. 210500, 02 April 2019)

2. Supreme Court and lower courts

Vested in the Supreme Court and is such lower courts. The judicial power shall be vested in one Supreme Court and in such lower cou...

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