Expanded Power of Judicial Review of the Supreme Court in Certiorari (Rule 65) cases

 

By Atty. Rosario Olivas assisted by generative AI

1. The Expanded Power of Judicial Review

Under Section 1, Article VIII of the 1987 Constitution, the judicial power is not just limited to settling actual controversies. it includes the duty:

"...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."

Because the Constitution says "any branch or instrumentality," the Supreme Court can use a Petition for Certiorari to review acts that are purely executive or legislative in nature, even if the body isn't acting as a "tribunal" or "board" in the traditional sense.

2. Certiorari: Traditional vs. Expanded

Feature	Traditional Rule 65	Expanded Jurisdiction (Constitution)
Target	Entities exercising judicial or quasi-judicial functions.	Any branch or instrumentality (including the President or Congress).
Ground	Lack/excess of jurisdiction or grave abuse of discretion.	Grave abuse of discretion amounting to lack/excess of jurisdiction.
Purpose	To correct errors of jurisdiction in a lawsuit or case.	To check for "constitutional" grave abuse (unconstitutionality).

3. The "Transcendental Importance" Doctrine

Even if the petitioner doesn't have the typical "legal standing" or if the act isn't strictly judicial, the SC often entertains these petitions when the issues are of paramount public interest.

By relaxing the technical requirements of Rule 65, the Court transforms the petition into a vehicle for Constitutional Review. This is how the SC reviews things like:

• The constitutionality of a budget (e.g., DAP or PDAF cases).

• Executive Agreements or Treaties.

• Legislative acts that don't involve a specific trial-type hearing.

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In Short

The "special rule" isn't found in the text of Rule 65 itself, but in the 1987 Constitution, which effectively "constitutionalized" Certiorari to ensure that no government act—whether legislative or executive—is beyond the reach of judicial review if it reeks of grave abuse.