You are on page 1of 4


Thus, while courts can determine questions of legality with respect to governmental
action, they cannot review government policy and the wisdom thereof, for these questions
have been vested by the Constitution in the Executive and Legislative Departments.


1. Defining enforceable and demandable rights and prescribing remedies for violations of
1. Judicial power is the authority to settle justiciable controversies or disputes involving rights such rights; and
that are enforceable and demandable before the courts of justice or the redress of wrongs for
violations of such rights. 2. Determining the court with jurisdiction to hear and decide controversies or disputes
arising from legal rights.
2. Vested in the Supreme Court and such lower courts as may be established by law.
3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of various
3. Since the courts are given ‘judicial power’ and nothing more, courts may neither attempt courts.
to assume or be compelled to perform non-judicial functions. They may not be charged with
administrative functions except when reasonably incidental to the fulfillment of their duties. 1. BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases
provided for in the Constitution.
4. In order that courts may exercise this power, there must exist the following: 2. Creation and abolition of courts:
1. The power to create courts implies the power to abolish and even re-
1. An actual controversy with legally demandable and enforceable rights; organize courts.
2. Involving real parties in interest; 2. BUT this power cannot be exercised in a manner which would undermine
3. The exercise of such power will bind the parties by virtue of the court’s application the security of tenure of the judiciary.
of existing laws. 3. If the abolition/re-organization is done in good faith and not for political
or personal reasons, then it is VALID. (same rule applies for civil servants)
5. Judicial power cannot be exercised in vacuum. Without any laws from which rights arise Sec. 3. FISCAL AUTONOMY
and which are violated, there can be no recourse to the courts. 1. The entire judiciary shall enjoy fiscal autonomy.
2. Annual appropriations for the judiciary cannot be reduced below the amount
6. The courts cannot be asked for advisory opinions. appropriated for the previous year.
3. Once approved, appropriations shall be automatically and regularly released.
7. Judicial power includes: Secs. 4-7; 12 JUDICIARY
Composition of the Supreme Court:
1. The duty of the courts to settle actual controversies involving rights which are 1. Chief Justice and
legally demandable and enforceable; and 2. 14 Associate Justices
1. 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 Note: Members of the Supreme Court and of other courts established by law shall not be
government. designated to any agency performing quasi-judicial or administrative functions.
Political Questions:
Qualifications of members of the SC:
1. A ‘political question’ is one the resolution of which has been vested by the Constitution
exclusively in either the people, in the exercise of their sovereign capacity, or in which full 1. Natural born citizen of the Philippines
discretionary authority has been delegated to a co-equal branch of the Government.
2. At least 40 years old
3. At least 15 years of experience as a judge or in the practice of law in the Philippines 1. President shall appoint from a list of at least 3 nominees for each vacancy, as
prepared by the JBC.
4. Person of proven competence, integrity, probity and independence. 2. No CA confirmation is needed for appointments to the Judiciary.
3. Vacancies in SC should be filled within 90 days from the occurrence of the vacancy.
Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan) 4. Vacancies in lower courts should be filled within 90 days from submission to the
President of the JBC list.
1. Natural born citizen of the Philippines Sec. 10. SALARIES

2. Member of the Philippine bar 1. Salaries of SC Justices and judges of lower courts shall be fixed by law.

3. Possesses other qualifications prescribed by Congress 2. Cannot be decreased during their continuance in office, but can be increased.

4. Person of proven competence, integrity, probity and independence. 3. Members of the Judiciary are NOT exempt from payment of income tax.

Qualifications of judges of lower non-collegiate courts: Sec. 11. TENURE/DISCIPLINARY POWERS OF SC

1. Citizen of the Philippines (may be a naturalized citizen) 1. Members of the SC and judges of the lower courts hold office during good behavior until

2. Member of the Philippine Bar a. The age of 70 years old; or

3. Possesses other qualifications prescribed by Congress b. They become incapacitated to discharge their duties.

4. Person of proven competence, integrity, probity and independence. 2. Disciplinary action against judges of lower courts:

Section 8. JUDICIAL AND BAR COUNCIL a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.

1. The Judicial and Bar Council is under the supervision of the SC. b. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the
deliberations and voted therein.
A. Is under the supervision of the Supreme Court and is composed of:
3. Removal of SC Justices:
1. Chief Justice, as ex-officio chairman
2. Secretary of Justice, as an ex-officio member a. Only by IMPEACHMENT.
3. Representative of Congress, as an ex-officio member
4. Representative of the Integrated Bar b. Cannot be disbarred while they hold office.
5. A professor of law
6. A retired member of the SC; and Secs. 4-6, 13. THE SUPREME COURT
7. Private sector representative Hearing of cases:
Note: The last four re the regular members of the JBC. Regular members are appointed by 1. En banc; or
the President with CA approval. Regular members serve for 4 years, with staggered terms. 2. Divisions of 3, 5, or 7.
B. Functions of JBC Cases required to be heard en banc:
1. Principal function: recommend appointees to the Judiciary
2. Exercise such other functions as the SC may assign to it. 1. All cases involving constitutionality of a/an:
C. Appointments to the Judiciary
a. Treaty 1. SC has ORIGINAL jurisdiction over

b. International or executive agreement or a. Cases affecting ambassadors, other public ministers and consuls.

c. Law. Note: This refers to foreign ambassadors, etc., stationed in the Philippines.

2. All cases required to be heard en banc under the Rules of Court: b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas corpus.

a. Appeals from Sandiganbayan; and 2. SC has APPELLATE jurisdiction over final judgments and orders in the following:

b. From the Constitutional Commissions a. All cases involving the constitutionality or validity of any

3. All cases involving the constitutionality, application or operation of 1. treaty

2. international or executive agreement
a. Presidential decrees 3. law
4. presidential decree
b. Proclamations 5. proclamation
6. order
c. Orders 7. instruction
8. ordinance, or
d. Instructions 9. regulation;

e. Ordinances; and b. All cases involving the legality of any

f. Other regulations. 1. tax

2. impost
4. Cases heard by a division where required majority of 3 was not obtained. 3. assessment or
4. toll or
5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en 5. any penalty imposed in relation thereto;
banc or by a division.
c. All cases in which the jurisdiction of any lower court is in issue
6. Administrative cases to discipline or dismiss judges of lower courts; and
d. Criminal cases where the penalty imposed is reclusion perpetua or higher; and
7. Election contests for President and Vice-President.
e. All cases where ONLY errors or questions of law are involved.
Cases heard by division
3. Temporarily assign lower court judges to other stations in the public interest.
1. Must be decided with the concurrence of a majority of the members who took part in the
deliberations and voted thereon. Note: Temporary assignment shall not exceed 6 months without the consent of the judge
2. Majority vote in a division should be at least 3 members.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
Powers of the SC
5. Promulgate rules concerning: 2. Lower courts may also exercise the power of judicial review, subject to the appellate
jurisdiction of the SC.
a. The protection and enforcement of constitutional rights;
3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.
b. Pleading, practice and procedure in all courts;
Requisites Code: [A R S Co R]
c. Admission to the practice of law; 1. An ACTUAL CASE calling for the exercise of judicial power
2. The question involved must be RIPE FOR ADJUDICATION, i.e. the government act must
d. The Integrated Bar; and have had an adverse effect on the person challenging it.
3. The person challenging the governmental act must have ‘STANDING’, i.e. a personal and
e. Legal assistance to the underprivileged. substantial interest in the case such that he has sustained, or will sustain, direct injury as a
result of its enforcement.
Limitations on Rule Making Power 4. The question of Constitutionality must be raised in the first instance, or at the earliest
a. It should provide a simplified and inexpensive procedure for the speedy disposition of 5. Resolution of the issue of constitutionality is unavoidable or is the very lis mota.
cases. Effect of a declaration of unconstitutionality:

b. It should be uniform for all courts of the same grade. 1. Prior to the declaration that a particular law is unconstitutional, it is considered as an
‘operative fact’ which at that time had to be complied with.
c. It should not diminish, increase, or modify substantive rights.
2. Thus, vested rights may have been acquired under such law before it was declared
6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law. unconstitutional.

7. Exercise administrative supervision over ALL courts and the personnel thereof. 3. These rights are not prejudiced by the subsequent declaration that the law is
Decisions of the Supreme Court:
1. Reached in consultation before being assigned to a member for the writing of the opinion.
1. Decisions MUST state clearly and distinctly the facts and the law on which it is based.
2. A certification to this effect must be signed by the Chief Justice and attached to the record
of the case and served upon the parties. 2. Refusal to give due course to petitions for review and motions for reconsideration must
state the legal basis for such refusal.
3. Members of the SC who took no part, or who dissented or abstained must state the
reasons therefore. 3. Memorandum decisions, where the appellate court adopts the findings of fact and law of
the lower court, are allowed as long as the decision adopted by reference is attached to the
Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA, and
Memorandum for easy reference.
JUDICIAL REVIEW 4. These rules only apply to courts. They do not apply to quasi-judicial or administrative
Definition bodies nor to military tribunals.
1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc.