EXECUTIVE CLEMENCIES SECTION 19. Except 19. Except in cases of impeachment, or as otherwise provided in this Constuon, the President may grant reprieves, commutaons and pardons, and remit nes and forfeitures, aer convicon by nal judgment !e shall also have the power to grant amnesty with the concurrence of a majority of all the "embers of the Congress EXCEPTION – ART IX-C SECTION 5. #o 5. #o pardon, amnesty, parole, or suspension of sentence for violaon of elecon laws, rules, and regulaons regulaons shall be granted granted by the President President without without the favorable favorable recommendaon recommendaon of the Commission
POWER OF AUGMENTATION SECTION 25. (5) #o law shall be passed authori$ing any transfer of appropriaons% however, the President, the President of the &enate, the &pea'er of the !ouse of (epresentaves, the Chief )usce of the &upreme Court, and the heads of C onstuonal Commissions may, by law, be authori$ed to augment any item in the general appropriaons law for their respecve o*ces from savings in other items of their respecve appropriaons JUDICIAL DEPARTMENT Ju!"!#$ %&'* +#!,&#$ # %# /#!0 ART VIII S",& 1. +he judicial power shall be vested in one &upreme Court and in such lower courts as may be established by law )udicial power includes the duty of the courts of jusce to sele actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discreon amounng to lac' or excess of jurisdicon on the part of any branch or instrumentality of the -overnment P&$!,"#$ u,&3 . / 0polical 1ueson2 is one the resoluon of which has been vested by the Constuon exclusively in either the people, in the exercise of their sovereign capacity, or in which full discreonary authority has been delegated to a co3e1ual branch of the -overnment 4 +hus, while courts can determine 1uesons of legality with respect to governmental acon, they cannot review government policy and the wisdom thereof, for these 1uesons have been vested by the Constuon in the Execuve and 5egislave 6epartments REUISITES FOR T4E PROPER EXERCISE OF T4E POWER OF JUDICIAL REVIEW
!owever, to prevent just about any person from see'ing judicial interference in any o*cial policy or act with which he disagreed with, and thus hinders the acvies of governmental agencies engaged in public service, the 7nited &tate &upreme Court laid down the more stringent !"+ !6u78 ++ in Ex Parte 5evi,849 later rea*rmed in +ileston v 7llman8:9 +he same Court ruled that for a private individual to invo'e the judicial power to determine the validity of an execuve or legislave acon* /u+ &' +#+ # u+#! # !"+ !6u7 # # u$+ &: +#+ #",&* # !+ ! &+ u;"!+ +#+ # # 0#$ !++ "&//& +& #$$ //< &: + %u<$!". +his Court adopted the !"+ !6u78 ++ in our jurisdicon ;n People v
D&"+! &: %u%&:u$ !+#,&. 8+he doctrine that charges every court, including ths &up Court,9 with the duty of a purposeful hesitaon before declaring a law unconstuonal, on the theory that the measure was rst carefully studied by the execuve and legislave departments and determined by them to be in accordance with the fundamental law before it was nally approved 86rilon v 5im, 4:> &C(/ .:> ?.@@=A9 D&"+! &: &%#,= :#"+. 8+he doctrine that9 nullies the eBects of an unconstuonal law by recogni$ing that the existence of a statute prior to a determinaon of unconstuonality is an operave fact and may have conse1uences which cannot always be ignored +he past cannot always be erased by a new judicial declaraon 8;t9 is applicable when a declaraon of unconstuonality will impose an undue burden on those who have relied on the invalid law 8Planters Products, ;nc v erphil Corp, -( .DDD, .= "ar 4F9 &ee also Gperave fact doctrine
