G.R. No. 118627; 242 SCRA 213, March 7, 1995 (Constitutional Law – Requirements in challenging the constitutionality of the law)
FACTS: Petitioners suing as tax payers, assail a provision (Sec 51) of RA No. 7859 (An Act Converting the Municipality of Makati Into a Highly Urbanized City to be known as the City of Makati) on the ground that the same attempts to alter or restart the “3-consecutive term” limit for local elective officials disregarding the terms previously served by them, which collides with the Constitution (Sec 8, Art X & Sec 7, Art VI).
ISSUE: Whether or not challenge to the constitutionality of questioned law is with merit.
HELD: No. The requirements before a litigant can challenge the constitutionality of a law are well-delineated. They are: (1) there must be an actual case or controversy; (2) the question of constitutionality must be raised by the proper party; (3) the constitutional question must be raised at the earliest possible opportunity; and (4) the decision on the constitutional question must be necessary to the determination of the case itself.
CASE EATER 