JUDICIAL POWER- REFERS TO THE AUTHORITY TO SETTLE JUSTICIABLE CONTROVERSIES OR DISPUTES INVOLVING RIGHTS THAT ARE ENFORCEABLE AND

DEMANDABLE BEFORE THE COURT OF JUSTICE OR THE REDRESS OF WRONGS FOR THE VIOLATION OF SUCH RIGHT AND TO DETERMINE WHETHER OR NOT THERE HAS BEEN ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION ON ANY PART OF ANY BRANCH OR INSTRUMENTALITY OF GOVT. CONSTITUTIONAL SAFEGUARDS THAT GUARANTEE THE INDEPENDENCE OF JUDICIARY: 1. THE MEMBERS OF JUDICIARY HAVE SECURITY OF TENURE; 2. THE MEMBERS OF SUPREME COURT CAN ONLY BE REMOVED BY IMPEACHMENT; . THE SUPREME COURT IS A CONSTITUTIONAL BODY! HENCE IT MAY NOT BE ABOLISHED BY LEGISLATURE; ". THE SUPREME COURT HAS ADMINISTRATIVE SUPERVISION OVER ALL OTHER COURTS; #. THE SC HAS THE EXCLUSIVE POWER TO DISCIPLINE JUDGES$JUSTICES OF INFERIOR COURTS; %. THE SC MAY NOT BE DEPRIVED OF MINIMUM ORIGINAL AND APPELLATE JURISDICTION; &. THE MEMBERS OF JUDICIARY MAY NOT BE DESIGNATED TO ANY AGENCY PERFORMING 'UASI-JUDICIAL OR ADMINISTRATIVE FUNCTIONS; (. THE JUDICIARY ENJOYS FISCAL AUTONOMY; ). THE SC ALONE MAY INITIATE RULES OF COURT; 1*. THE SC ALONE MAY ORDER TEMPORARY DETAIL OF JUDGES; 11. THE SC CAN ACCPOINT ALL OFFICIALS AND EMPLOYEES OF THE JUDICIARY; 12. SALARIES OF JUDGES MAY NOT BE REDUCED. CASES WHICH SHALL BE HEARD EN BANC: 1. ALL CASES INVOLVING THE CONSTITUTIONALITY OF A TREATY! INTERNATIONAL AGREEMENT! EXECUTIVE AGREEMENT OR LAW; 2. ALL OTHER CASES WHICH UNDER THE RULES OF COURT ARE RE'UIRED TO BE HEARD EN BANC; . ALL CASES INVOLVING THE CONSTITUTIONALITY! APPLICATION OR OPERATION OF PRESIDENTIAL DECREES! PROCLAMATIONS! ORDERS! INSTRUCTIONS! ORDINANCES AND OTHER REGULATIONS. POWER OF JUDICIAL REVIEW- IS THE ASSERTION OF THE SOLEMN AND SACRED OBLIGATIONS ASSIGNED TO THE JUDICIARY BY THE CONSTITUTION TO DETERMINE CONFLICTING CLAIMS OF AUTHORITY UNDER THE CONSTITUTION AND TO ESTABLISH FOR THE PARTIES IN AN ACTUAL CONTROVERSY THE RIGHT WHICH THAT INSTRUMENT SECURES AND GUARANTEES TO THEM.

RE'UISITES OF JUDICIAL REVIEW: 1. THERE MUST BE AN ACTUAL CASE OR CONTROVERSY; 2. THE 'UESTION OF CONSTITUTIONALITY MUST BE RAISED BY THE PROPER PARTY; . THE CONSTITUTIONAL 'UESTION MUST BE RAISED AT THE EARLIEST POSSIBLE OPPORTUNITY; ". THE DECISION OF THE CONSTITUTIONAL 'UESTION MUST BE NECESSARY TO THE DETERMINATION OF THE CASE ITSELF. COURTS WILL DECIDE CASES OTHERWISE MOOT AND ACADEMIC IN THE FF INSTANCES: 1. THERE IS A GRAVE VIOLATION OF THE CONSTI; 2. THE SITUATION IS OF EXCEPTIONAL CHARACTER AND PARAMOUNT PUBLIC INTEREST IS INVOLVED; . THE CONSTITUTIONAL ISSUE RAISED RE'UIRES FORMULATION OF CONTROLLING PRINCIPLES TO GUIDE THE BAR! BENCH AND THE PUBLIC; ". THE CASE IS CAPABLE OF REPETITION YET EVADING REVIEW; AND #. WHERE THERE IS A VOLUNTARY CESSATION OF THE ACTIVITY COMPLAINED OF BY THE DEFENDANT. PROPER PARTIES- REFERS TO THOSE WHOSE PRESENCE IS NECESSARY TO ADJUDICATE THE WHOLE CONTROVERSY! BUT WHOSE INTERESTS ARE SO FAR SEPARABLE THAT FINAL DECREE CAN BE MADE IN THEIR ABSENCE WITHOUT AFFECTING THEM. RE'UISITES FOR THE ISSUANCE OF EXEC$ADMINISTRATIVE ORDER: 1. ITS PROMULGATION MUST BE AUTHORI+ED BY THE LEGISLATURE; 2. IT MUST BE PROMULGATED IN ACCORDANCE WITH THE PRESCRIBED PROCEDURE; . IT MUST BE WITHIN THE SCOPE OF THE AUTHORITY GIVEN BY THE LEGISLATURE; ". IT MUST BE REASONABLE. POLITICAL 'UESTION- IS A 'UESTION OF POLICY. IT REFERS TO THOSE 'UESTIONS WHICH ARE TO BE DECIDED BY THE PEOPLE IN THEIR SOVEREIGN AUTHORITY OR IN REGARD TO WHICH FULL DISCRETIONARY AUTHORITY HAS BEEN DELEGATED TO THE LEGISLATIVE OR EXECUTIVE BRANCH OF THE GOVT. JUSTICIABLE 'UESTION- WHERE THE VORTEX OF THE CONTROVERSY REFERS TO THE LEGALITY OR VALIDITY OF THE CONTESTED ACT! THAT MATTER IS DEFINITELY JUSTICIABLE OR NON-POLITICAL. WRIT OF AMPARO- IS A REMEDY AVAILABLE TO ANY PERSON WHOSE RIGHT TO LIFE! LIBERTY AND SECURITY HAS BEEN VIOLATED OR IS THREATENED

WITH VIOLATION BY AN UNLAWFUL ACT OR OMISSION OF A PUBLIC OFFICIAL OR EMPLOYEE OR OF A PRIVATE INDIVIDUAL OR ENTITY. WRIT OF HABEAS DATA- IS A REMEDY AVAILABLE TO ANY PERSON WHOSE RIGHT TO PRIVACY IN LIFE! LIBERTY OR SECURITY IS VIOLATED OR THREATENED BY AN UNLAWFUL ACT OR OMISSION OF A PUBLIC OFFICIAL OR EMPLOYEE OR OF A PRIVATE INDIVIDUAL OR ENTITY ENGAGED IN THE GATHERING! COLLECTING OR STORING OF DATA OR INFORMATION REGARDING THE PERSON! FAMILY! HOME AND CORRESPONDENCE OF THE AGGRIEVED PARTY. COMPOSITION OF JUDICIAL AND BAR COUNCIL: 1. CHIEF JUSTICE AS EX OFFICIO CHAIRMAN; 2. SEC OF JUSTICE AS EX OFFICIO CHAIRMAN; . REPRESENTATIVE OF CONGRESS AS EX OFFICIO MEMBER; ". REP OF INTEGRATED BAR; #. A PROFESSOR OF LAW; %. A RETIRED MEMBER OF SC; &. REP OF PRIVATE SECTOR. END