Duterte admin wants to remove SC power to correct abuse of discretion

THE CORPUS JURIS reports: "Out of the many proposed changes to the Constitution, this one stood out from the rest: the removal of the Supreme Court’s powers to determine whether there has been grave abuse of discretion amounting to a lack or excess of jurisdiction on any part of the government."

The Constitution provides for this Court's expanded power of judicial review "to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government." This proviso was borne out of our country's experience under Martial Law, to extend judicial review "to review political discretion that clearly breaches fundamental values and principles congealed in provisions of the Constitution." Under the present Constitution, this Court has the power to resolve controversies involving acts done by any government branch or instrumentality with grave abuse of discretion. (G.R. No. 222702; Leonen, J.)