Erneylou V Ranay
Working Student
September 9, 2021
Critical Analysis on Natural Law and the Limits of Judicial Power
The book, Natural Law and The Limits of Judicial Power, by Atty Jemy Gatdula
serves as a profound introduction to Natural Law because the author efficiently
discussed the inherent function of Natural Law in the Philippine constitutional system.
This book which arose from the doctoral studies of the author, primarily aims to
determine whether or not the 1987 Constitution contains an intrinsic framework that
limit the expanded power of judicial review. The author stated that in order for this to
be done, this study must resolve two secondary questions: 1) is the natural law tradition
embedded in the Constitution; and 2) if so, is the judiciary compelled to adhere to the
natural law tradition as the framework for delineating judicial parameters for deciding
cases of “grave abuse of discretion” as provided for in the Constitution?
The author limited the study to the natural law tradition as such may have been
referred to in Philippine historical, political, or legal documents, and that tradition’s
relationship vis-à-vis the Constitution, with particular interest on the proper use of
judicial review vis-à-vis determinations of constitutional ambiguities and grave abuse of
discretion. Part I of the book explains the assumptions, reasons, and concepts
underlying this study. He defined the terms Constitution, Constitutionalism, Judicial
Review, Political Question Doctrine, Grave Abuse of Discretion and Natural Law. Part
II provides a review and examination of the Philippine Constitution, its history, and its
principles. The discussion started with the Pre-Spanish Era, Spanish Era, the Malolos
Constitution, the American Era, the Philippine Commonwealth, the 1973 Constitution,
and the 1987 Constitution. Also, half of the latter examines judicial power as provided
for under the 1987 Constitution, its methods of constitutional interpretation, and its
power to determine whether or not grave abuse of discretion has occurred. Part III and
IV of the book is about natural law, its history and its principles. Included herein is a
discussion on natural rights in relation to natural law and emphasis on the deliberate
term of the word “common good” in the Preamble of the Philippine Constitution. It
further discussed the natural law framework and how it can guide in the conduct of
those exercising constitutional powers and duties. And lastly, Part V of the book
contains the conclusions and recommendations of the author. The author concluded
that the Natural Law is embedded in our Constitutional system. He added, that when
seeking the limits and restrictions of constitutional provisions, the natural law tradition
supplies the needed guide, compass, and boundaries particularly in dealing with the
ambiguities that some of the Constitutional provisions may possess.
This book has helped me understand what natural law is and its relevance in the
application of the Constitution. As a law student, it is essential, that we have a better
understanding of the Natural Law as this dictates our interpretation of our rights as
humans. Natural Law, as defined in Atty Gatdula’s book, is that universal, objective
standard of right and wrong based on right reason, independent of man-made laws.
Thus, it serves as a standard for the laws enacted by the State (Charles Rice). As human
beings, we are given free will, we can discern what is good and what is bad. This
constitutes a natural law.
To understand more, we need to examine how natural law worked within our
legal history and its impact to our present and future disputes. The Malolos Constitution
which was considered to be the first constitution shows the fact that the revolutionaries,
subscribe to the notion of Divine Law as being an existing phenomenon, hence the use
of the term “ Sovereign Legislator of the Universe”. Further, the constitution also
recognizes the existence of the fundamental or natural rights which belongs to humans.
Finally, it appears that the founders believed in the notion of equality and freedom of
religions. The passing of the 1973 Constitution, despite the problems with the
enactment and ratification was passed over by the Supreme Court which decided to
apply the political question doctrine. In the case of Republic v Sandiganbayan, G.R. No.
104768, 21 July 2003:
“From the natural law point of view, the right of revolution has
been defined as “an inherent right of a people to cast out their rulers,
change their policy or effect radical reforms in their system of
government or institutions by force or a general uprising when the legal
and constitutional methods of making such change have proved
inadequate or are so obstructed as to be unavailable.” It has been said
that “the locus of positive law-making power lies with the people of the
state” and from there is derived “the right of the people to abolish, to
reform and to alter any existing form of government without regard to
the existing constitution.”
One of the defining features of the 1987 Constitution, as mentioned in the book,
was that it expanded the power of judicial review to expressly authorize the
determination of whether or not grave abuse of discretion has transpired. But without
a standard or guidelines as to what should constitute grave abuse of discretion, the
meaning and appreciation of prior judicial decisions involving this natter could change
depending on the justices or judges involved in the decision-making.
It is the author’s goal to resolve the question as to what objective standards and
restraints can be found in the 1987 Constitution that can be used to temper the conduct
of judges when determining cases involving grave abuse of discretion. His position is
that the natural law tradition, as defined in the book, that offers itself as an embedded
set of objective limitations in the 1987 Constitution.
To reiterate, by natural law, what was meant here is the tradition, a combination
of thought that believes to an unchanging human nature, and in the intellect to be able
to recognize the implications of such nature as stated in the book. The author has
resolved the question and proven that the natural law is embedded in our Constitutional
system. The natural law tradition was not merely imposed on us by the Americans
exercising colonial powers but rather that they merely supplemented, strengthened, and
completed an already existing tradition within Philippine political and legal thought, as
stated by the author.