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Lopez vs. Senate of the Philippines et al. [SEPARATE OPINION, TINGA, J.]

CONGRESSMAN RUY ELIAS C LOPEZ V. SENATE OF THE PHILIPPINES, (REPRESENTED HEREIN BY THE HON. FRANKLIN DRILON, PRESIDENT OF THE SENATE), HOUSE OF REPRESENTATIVES (REPRESENTED HEREIN BY THE HON. JOSE DE VENECIA, SPEAKER OF THE HOUSE OF REPRESENTATIVES), JOINT COMMITTEE OF CONGRESS TO CANVASS THE VOTES CAST FOR PRESIDENTIAL CANDIDATES IN THE MAY 10, 2004 NATIONAL ELECTIONS, THE CHIEF FINANCIAL OFFICER AND CHIEF BUDGET OFFICER OF THE SENATE, AND THE CHIEF FINANCIAL OFFICER AND CHIEF BUDGET OFFICER OF THE HOUSE OF REPRESENTATIVES

G.R. No. 163556 | 2004-06-08

SEPARATE OPINION

TlNGA, J.:

The tradition of judicial review is as old as the essences of the democratic system of government we practice today.[1]  This Court has consistently affirmed the doctrine, dating as far back as the Commonwealth era.[2] Judicial review arises from the inherent judicial power, and has traditionally relied on no statutory grant other than the source law that created the judicial system.[3]

At the same time, the notion of separation of powers is a linchpin of our constitutional order. Coordinate political departments are accorded their respective spheres over which they exercise discretion to manage. It is a rule...