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The Court delineated a series of factors, at least one of which must be
present, in order for the case to be a non-justiciable political question:
(a) commitment of the issue to a branch of government other than the
judiciary; (b) lack of standards for resolving the issue; (c) impossibility
of the judiciary to resolve the issue without first making a policy
determination; (d) a judicial decision of that matter as a lack of respect
for other branches of government; (e) a political decision has already
been made; or (f) the potential for multiple pronouncements by various
branches on one question.
It is apparent that several formulations which vary slightly according to
the settings in which the questions arise may describe a political
question, although each has one or more elements which identify it as
essentially a function of the separation of powers. Prominent on the
surface of any case held to involve a political question is found
(1) a textually demonstrable constitutional commitment of the issue to
a coordinate political department;
(2) or a lack of judicially discoverable and manageable standards for
resolving it; or the impossibility of deciding without an initial policy
determination of a kind clearly for non judicial discretion;
(3) or the impossibility of a court's undertaking independent resolution
without expressing lack of the respect due coordinate branches of
government;
(4) or an unusual need for unquestioning adherence to a political
decision already made;
(5) or the potentiality of embarrassment from multifarious
pronouncements by various departments on one question.
MARTIAL LAW
It is true that a party's failure to implead an indispensable party is
not per se a ground for the dismissal of the action, as said party may be
added, by order of the court on motion of the party or motu propio, at
any stage of the action or at such times as are just. However, it remains
essential - as it is jurisdictional - that an indispensable party be
impleaded before judgment is rendered by the court, as the absence of
such indispensable party renders all subsequent acts of the court null
and void for want of authority to act, not only as to the absent parties
but even as to those present.84 Joining indispensable parties into an
action is mandatory, being a requirement of due process. In their
absence, the judgment cannot attain real finality.85
LEB
Pimentel and the other petitioners claimed that Republic Act 7662, or
the Legal Education Reform Act, is unconstitutional, arguing that
Congress cannot create the said administrative office or board because
authority over the practice of law is reserved for the SC under the
Constitution.
EXECUTIVE PRIVILEGE
Executive privilege is the implied constitutional power of the President
to withhold information requested by other branches of the government.
The Constitution does not expressly grant this power to the President
but courts have long recognized implied Presidential powers if
"necessary and proper"14 in carrying out powers and functions expressly
granted to the Executive under the Constitution.
As the official in control of the nation's foreign service by virtue of the
President's control of all executive departments, bureaus and
offices,22 the President is the chief implementer of the foreign policy
relations of the State. The President's role as chief implementer of the
State's foreign policy is reinforced by the President's constitutional
power to negotiate and enter into treaties and international
agreements.23 In the discharge of this responsibility, the President may
find it necessary to refuse disclosure of sensitive diplomatic secrets to
the Legislature or the public. Traditionally, states have conducted
diplomacy with considerable secrecy. There is every expectation that a
state will not imprudently reveal secrets that its allies have shared with
it.