1. Requisites

Requisites of Judicial Review

• There must be an actual case or controversy;
• There is locus standi, i.e., person challenging the act must have “standing” to challenge;
• Constitutional question must be raised at the earliest possible opportunity; and
• Constitutionality must be the very lis mota of the case.

Generally, a party will be allowed to litigate only when these conditions sine qua non are present, especially when the constitutionality of an act by a co-equal branch of government is put in issue [Chavez v. Judicial and Bar Council, G.R. No. 202242 (2012)].

Actual case or controversy

An actual case or controversy exists when a case involves a clash of legal rights or an assertion of opposite legal claims that the courts can resolve through applying law and jurisprudence. An actual case is ripe for adjudication when the act being challenged has a direct adverse effect on the individual challenging it [De Castro v. Judicial and Bar Council, G.R. No. 191002 (2010)]

For a case to be considered ripe for adjudication, the following prerequisites must concur:

• An act had been accomplished or performed by either government branch before a court may interfere; and
• Petitioner must allege that an immediate or threatened injury to himself exists as a result of the challenged action [Phil. Constitution Association v. Phil. Government, G.R. No. 218406 (2016)].

Special Rules on Standing (Requisites)

Exceptions:

• In criminal cases, at the court’s discretion;
• In civil cases, if necessary to determine the case itself; and
• When issue on court jurisdiction is involved

Note: The reckoning point is the first competent court. The question must be raised at the first court empowered with judicial review. Thus, failure to raise the constitutional question before the NLRC is not fatal to the case [Serrano v. Gallant Maritime Services, G.R. No. 167614 (2009)].

Lis Mota

Lis mota pertains to the determinative issue of the case, the resolution of which cannot be done without deciding whether an act or law is unconstitutional.

Presidential Communications Privilege

Applies to decision-making of the President; rooted in the constitutional principle of separation of power and the President's unique constitutional role; applies to documents in their entirety, and covers final and post-decisional materials as well as pre-deliberative ones; meant to encompass only those functions that form the core of presidential authority.

Requisites:

• The communications relate to a "quintessential and non-delegable power" of the President;
• The communications are "received" by a close advisor of the President; and
• There is no adequate showing of a compelling need that would justify the limitation of the privilege and of the unavailability of the information elsewhere by an appropriate investigating authority. (Neri v. Senate Committee on Accountability of Public Officers and Investigations, G.R. No. 180643, September 4, 2008)

Requisites for the Immediate Entry by the LGU

• Filing of the complaint for expropriation sufficient in form and substance; and
• Deposit of an amount equivalent to 15% of the fair market value of the property to be expropriated based on the current tax declaration.

Requisites of Judicial Review:

• The question of constitutionality must be raised in the first instance, or at the Earliest opportunity.
• The question involved must be Ripe for adjudication, e.g. the challenged government act must have had an adverse effect on the person challenging it.
• An Actual case calling for the exercise of judicial power.
• Resolution of the issue of constitutionality is unavoidable or is the very Lis mota of the case.
• The person challenging the governmental act must have ‘Standing’ (Locus Standi).

Exception: The Court can waive the procedural rule on standing in cases that raise issues of transcendental importance.

Justiciable Controversy

A definite and concrete dispute touching on the legal relations of parties having adverse legal interests, which may be resolved by a court of law through the application of a law (Cutaran v. Department of Environment and Natural Resources, G.R. No. 134958, September 23, 2002)

Requisites of a Tax Ordinance:

• Notice
• Actual conduct of public hearing

General Rule: As Applied

A party can question the validity of a statute only if, as applied to him, it is unconstitutional [Southern Hemisphere v. Anti-Terrorism Council, G.R. No. 178552 (2010)].