Judicial Department: A. Concepts
Judicial Department: A. Concepts
Judicial Department: A. Concepts
Sec. 9, Art. VII. The President shall Duty to settle actual Power of the courts
nominate a Vice-President from among the controversies to test the validity of
members of the Senate and the House of involving rights which executive and
Representatives who shall assume office are legally legislative acts in
upon confirmation by a majority vote of all the demandable and light of their
members of both houses of Congress voting enforceable, and to conformity with the
separately. determine whether or Constitution [Angara
not there has been a v. Electoral
grave abuse of Commission, G.R.
discretion amounting No. L-45081 (1936)]
JUDICIAL DEPARTMENT to lack or excess of
jurisdiction on the
part of any branch or
instrumentality of the
A. CONCEPTS government [Sec.
1(2), Art. VIII,
Constitution]
Judicial power includes the duty of the courts Jurisdiction — Power Acting on cases
to: to decide and hear a within the court's
a. Settle actual controversies involving rights case and execute a subject matter
which are legally demandable and decision thereof jurisdiction:
enforceable; and (1) There must be an
b. To determine whether or not there has actual case or
been a grave abuse of discretion controversy;
amounting to lack or excess of jurisdiction (2) The person
on the part of any branch or instrumentality challenging the act
of the Government. must have locus
standi;
The second clause effectively limits the (3) The question of
doctrine of “political question” [See Francisco constitutionality must
v. House of Representatives, G.R. No. 160261 be raised at the
(2003)]. earliest opportunity;
and
Vested in: (a) Supreme Court and (b) such (4) The issue of
lower courts as may be established by law. constitutionality must
be the very lis mota
of the case.
2. Judicial Review
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3. Sec. 18, Art. VII (on the sufficiency of the failure to raise the constitutional question
factual basis for martial law or suspension before the NLRC is not fatal to the case [See
of the privilege of the writ of Habeas Serrano v. Gallant Maritime Services, G.R. No.
Corpus) 167614, (2009)].
Voter
Right of suffrage is involved
The decision on the constitutional question
Legislator must be determinative of the case itself. Its
1. Authorized; constitutionality must be "the cause of the suit
2. Affects legislative prerogatives (i.e. a or action.”
derivative suit)
The constitutionality of an act of the legislature
Third-Party Standing will not be determined by the courts unless that
1. Litigants must have injury in-fact; question is properly raised and is necessary to
2. Litigants must have close relation to the the determination of the case; i.e., the issue of
third-party; and constitutionality must be the very lis mota
3. There is an existing hindrance to the third presented.
party’s ability to protect its own interest
[White Light Corp. v. City of Manila, G.R. b. Operative Fact Doctrine
No. 122846 (2009)]
The doctrine is applicable when a declaration
Enforcement of Environmental Laws of unconstitutionality will impose an undue
1. Any Filipino citizen; burden on those who have relied on the invalid
2. In representation of others, including law, but it can never be invoked to validate as
minors or generations yet unborn [Resident a constitutional, an unconstitutional act
Marine Mammals of the Protected [Municipality of Malabang v. Benito, G.R. No.
Seascape Tanon Strait v. Reyes, G.R. No. L-28113 (1969)].
180771 (2015)]
General Rule: The interpretation (or
Note: Despite its lack of interest, an declaration) of unconstitutionality is retroactive
association has the legal personality to file in that it applies from the law’s effectivity.
a suit and represent its members if the
outcome of the case will affect their vital Exception: Operative Fact Doctrine
interests. Similarly, an organization has the Subsequent declaration of unconstitutionality
standing to assert the concern of its does not nullify all acts exercised in line with
constituents [Bayan Muna v. Mendoza, [the law]. [Municipality of Malabang v. Benito,
G.R. No. 190431 (2017)]. G.R. No. L-28113, (1969)].
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in passing upon the merits [Quino v. 1935 Constitution prescribes the methods or
COMELEC, G.R. No. 197466 (2012)] procedures for its amendment; the question of
WON the revised constitution has been validly
When a case is moot, it becomes non- ratified in accordance with Article XV is not only
justiciable [Pormento v Estrada, G.R. No. subject to judicial inquiry, but is the duty of the
191988 (2010)]. Court to decide such question. However, on
deciding WON the proposed Constitution was
Ripeness of the controversy in force, the Court did not give a ruling on this
The suit must be raised not too early that it is matter granted that it was a political question.
conjectural or anticipatory, nor too late that it
becomes moot. In 2016, the SC ruled that President Duterte's
decision to have the remains of Marcos
General Rule: Courts will not decide questions interred at the Libingan Ng Mga Bayani
that have become moot and academic. (LNMB) involves a political question that is not
a justiciable controversy. The president
Exception: decided a question of policy based on his
Courts will still decide if: wisdom that it shall promote national healing
and forgiveness. There being no taint of grave
abuse in the exercise of such discretion, his
decision on that political question is outside the
ambit of judicial review [Ocampo v. Enriquez,
G.R. No. 225973 (2016)].
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Natural-born citizen
The SC and its members should not and
Age cannot be required to exercise any power or to
perform any trust or to assume any duty not
At least 40 At least 35 At least 30 pertaining to or connected with the
years of years of age years of age administering of judicial functions [Meralco v.
age Pasay Transportation Co., G.R. No. L-37838
Experience (1932)].
15 years or Has been Has been
more as a engaged for engaged for 2. Judicial and Bar Council
judge of a at least 10 at least 5
lower court years in the years in the a. Composition
OR has practice of practice of
been law OR has law OR has Ex-officio members [Sec. 8(1), Art. VIII]
engaged in held public held public
the office in the office in the
practice of PH requiring PH requiring
law in the admission to admission to
PH for the the practice the practice Regular members [Sec. 8(1), Art. VIII]
same of law as an of law as an
period indispensable indispensable
requisite requisite
Tenure [Sec. 11, Art. VIII]
Hold office during good behavior until they Secretary ex-officio [Sec. 8(3), Art. VIII,
reach the age of 70 OR become Const.]: Clerk of Court of the SC, who shall
incapacitated to discharge their duties keep a record of its proceedings; not a member
Qualifications [Sec. 7(3), Art. VIII] of the JBC.
Person of proven competence, integrity,
probity, and independence In the absence of the Chief Justice because of
his impeachment, the most Senior Justice of
Note: “Practice of law” is not confined to the Supreme Court, who is not an applicant for
litigation. It means any activity in and out of Chief Justice, should participate in the
court, which requires the application of law, deliberations for the selection of nominees for
legal procedure, knowledge, training and the said vacant post and preside over the
proceedings, pursuant to Section 12 of
Republic Act No. 296, or the Judiciary Act of
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1948 [Famela Dulay v. Judicial and Bar The supervisory authority of the Court over the
Council, G.R. No. 202143 (2012)]. JBC covers the overseeing of compliance with
its rules [Jardeleza v. Judicial and Bar Council,
Appointment, Tenure, Salary of JBC G.R. No. 213181 (2014)].
Members
Ex-officio members: the position in the Council Supervisory power, when contrasted with
is good only while the person is the occupant control, is the power of mere oversight over an
of the office. inferior body; it does not include any restraining
authority over such body. [Aguinaldo v. Aquino,
Only ONE representative from Congress: G.R. No. 224302 (2016)].
Former practices of giving ½ vote or 1 full vote
each for the Chairmen of the House and Procedure of Appointment
Senate Committees on Justice is invalid. Any
The JBC shall submit a list of three (3)
member of Congress, whether from the upper
nominees for every vacancy to the President
or lower house, is constitutionally empowered
[Sec. 9, Art. VIII]
to represent the entire Congress.
↓
The framers intended the JBC to be composed
Any vacancy in the Supreme Court shall be
of 7 members only. Intent is for each co-equal
filed within ninety (90) days from the
branch of government to have one
occurrence thereof [Sec. 4(1), Art. VIII]
representative. There is no dichotomy between
the Senate and HOR when Congress interacts
For lower courts, the President shall issue
with other branches. The lone representative
the appointment within ninety (90) days from
from Congress is entitled to one full vote
the submission by the JBC of such list [Sec.
[Chavez v. JBC, G.R. No. 202242 (2012)].
9, Art. VIII]
Regular Members [Sec. 8(2), Art. VIII]: The
regular members shall be appointed by the Note: The prohibition against midnight
President with the consent of the Commission appointments does not apply to the judiciary
on Appointments. [See De Castro v. JBC, G.R. No. 191002
(2010)].
The term of the regular members is 4 years.
But the term of those initially appointed shall be
staggered in the following way so as to create
continuity in the council: D. THE SUPREME COURT
1. Composition
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2 divisions 7 members
3 divisions 5 members
5 divisions 3 members
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Appellate Jurisdiction [Sec. 5(2), Art. VIII]: on Finality of Judgments: A decision that has
appeal or certiorari (as the Rules of Court acquired finality becomes immutable and
provide), SC may review, revise, reverse, unalterable and may no longer be modified in
modify, or affirm final judgments and orders of any respect even if the modification is meant to
lower courts in: correct erroneous conclusions of fact or law
and whether it was made by the court that
rendered it or by the highest court of the land
[Genato v. Viola, G.R. No. 169706 (2010)].
Exceptions
a. The correction of clerical errors;
b. Nunc pro tunc entries which cause no
prejudice to any party;
c. Void judgments;
d. Whenever circumstances transpire after
the finality of the decision rendering its
execution unjust and inequitable.
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SUMMARY OF RULES
The following are privileged documents or
communications, and are not subject to Requirements for Decisions and
disclosure: Resolutions
Sec. 13, Art. VIII. The conclusions of the
Supreme Court in any case submitted to it for
decision en banc or in division shall be
reached in consultation before the case is
assigned to a Member for the writing of the
opinion of the Court. A certification to this
effect signed by the Chief Justice shall be
issued and a copy thereof attached to the
record of the case and served upon the
parties. Any Member who took no part, or
dissented, or abstained from a decision or
resolution must state the reason therefor.
The same requirements shall be observed
by all lower collegiate courts.
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A. CONSTITUTIONAL SAFEGUARDS TO
ENSURE INDEPENDENCE OF
COMMISSIONS
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