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In regard to the first issue as to whether the questions posed in the petitions herein are political or
justiciable, suffice it for me to reiterate the fundamental position I took in the Martial Law cases, 1
thus:jgc:chanrobles.com.ph
"As We enter the extremely delicate task of resolving the grave issues thus thrust upon Us. We are
immediately encountered by absolute verities to guide Us all the way. The first and most important of
them is that the Constitution (Unless expressly stated otherwise, all references to the Constitution in
this discussion are to both the 1935 and 1973 charters, since, after all, the pertinent provisions are
practically identical in both.) is the supreme law of the land. This means among other things that all
the powers of the government and of all its officials from the President down to the lowest emanate
from it. None of them may exercise any power unless it can be traced thereto either textually or by
natural and logical implication.
"The second is that it is settled that the Judiciary provisions of the Constitution point to the Supreme
Court as the ultimate arbiter of all conflicts as to what the Constitution or any part thereof means.
While the other Departments may adopt their own construction thereof, when such construction is
challenged by the proper party in an appropriate case wherein a decision would be impossible without
determining the correct construction, the Supreme Courts word on the matter controls.
"The fifth is that in the same manner that the Executive power conferred upon the Executive by the
Constitution is complete, total and unlimited, so also, the judicial power vested in the Supreme Court
and the inferior courts, is the very whole of that power, without any limitation or qualification.
"From these incontrovertible postulates, it results, first of all, that the main question before Us is not in
reality one of jurisdiction, for there can be no conceivable controversy, especially one involving a
conflict as to the correct construction of the Constitution, that is not contemplated to be within the
judicial authority of the courts to hear and decide. The judicial power of the courts being unlimited and
unqualified, it extends over all situations that call for the ascertainment and protection of the rights of
any party allegedly violated, even when the alleged violator is the highest official of the land or the
government itself. It is, therefore, evidence that the Courts jurisdiction to