S.A 2020/21 B.E POLITICAL LAW | Question #4

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN POLITICAL LAW 



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A provincial ordinance was passed setting a province-wide curfew for all minors. This was challenged through a suit filed before the Regional Trial Court having territorial jurisdiction over the province.

The provincial legal officer sought the case’s dismissal on the lone ground that the Supreme Court has sole and exclusive jurisdiction to determine the constitutionality of a treaty, law, or ordinance.

Should the provincial legal officer’s prayer for dismissal be granted? Explain briefly. 


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SUGGESTED ANSWER:



No, the prayer for dismissal should not be granted. Contrary to the Provincial Legal Officer’s theory, what the Constitution actually provides is that the Supreme Court shall have the power to review, reverse, modify or affirm final orders of lower courts in all cases in which the constitutionality of any ordinance is in question. In other words, the SC does not have the exclusive jurisdiction to determine the constitutionality of an ordinance as the Provincial Legal Officer asserts. 

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