By: Atty. Jose Aguila Grapilon

1. The SC is a constitutional body; it may not be abolished by legislature.

2. The members of the SC are removable only by impeachment.

3. The SC may not be deprived of minimum original and appellate jurisdiction; appellate jurisdiction may not be increased without its advice and concurrence.

4. The SC has administrative supervision over all inferior courts and personnel.

5. The SC has the exclusive power to discipline judges/justices of inferior courts.

6. The members of the Judiciary have security of tenure.

7. The members of the Judiciary may not be designated to any agency performing quasi-judicial or administrative functions.

8. Salaries of judges may not be reduced; the Judiciary enjoys fiscal autonomy.

9. The SC alone may initiate Rules of Court.10. The SC alone may order temporary detail of

judges.11. The SC can appoint all officials and employees

of the Judiciary.

Defined:

Includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and 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 Government. (Sec. 1, par. 2, Art. VIII of the Constitution)

The second clause effectively limits the “political question” area which, heretofore, was forbidden territory for the courts.

The inherent powers of a Court to amend and control its processes and orders so as to make them conformable with law and justice includes the right to reverse itself, especially when, in its honest opinion, it has committed an error or mistake in judgment , and that to adhere to its decision will cause injustice to a party litigant (Tocao v. CA, G.R. No. 127405, Sept. 20, 2001)

The Court is not precluded from re-examining its own ruling and rectifying errors of judgment if blind and stubborn adherence to res judicata would involve the sacrifice of justice to technicality (De Leon v. CA, G.R. No. 127182, Dec. 5, 2001)

WHERE VESTED:In one SC and in such lower courts as may be established by law (Sec. 1, Art. VIII, Constitution)

JURISDICTION:Jurisdiction is defined as the power to hear and decide a case.

congress shall have the power to define, prescribe and apportion the jurisdiction of the various courts but may not deprive the SC of its jurisdiction over cases enumerated in Sec. 5, Art. VIII (Sec. 2, Art. VIII)

No law shall be passed increasing the appellate jurisdiction of the SC as provided in the Constitution without its advice and concurrence (Sec. 30, Art. VI)

Qualifications:Of proven competence, integrity, probity and independence.In addition:

SC : Natural born citizen of the Phil., at least 40 yrs. of age, for 15 yrs. or more a judge of a lower court or engaged in the practice of law in the Phil.

Lower Collegiate Courts: Natural born citizen of the Phil., member of the Phil. Bar. (Congress may prescribe other qualifications)

Lower Courts: Citizen of the Phil., and member of the Phil. Bar. (Congress may prescribe other qualifications)

Appointed by the Pres. of the Phil. from among a list of at least 3 nominees prepared by the Judicial and Bar Council for every vacancy.

For lower courts, the Pres. shall issue the appointment within 90 days from submission of the list.

JUDICIAL AND BAR COUNCIL Composition:

(i) Ex-Officio members: Chief Justice as Chairman, Secretary of Justice, and a representative of Congress.

(ii) Regular members: A representative of the IBP, a Professor of Law, a retired justice of the SC, and a representative of the private sector.

Appointment:The regular members shall be appointed by the Pres, for a term of 4 yrs., with the consent of the Commission on Appointments. They shall receive such emoluments as may be determined by the SC (Sec. 8(2), Art. VIII)

Powers/Functions:Principal function of recommending appointees to the Judiciary. May exercise such other functions and duties as the SC may assign to it (Sec. 8 (5), Art. VIII)

Composition:A Chief Justice and 14 Associate Justices. It may sit en banc or in its discretion, in divisions of 3, 5 or 7 members. any vacancy shall be filled within 90 days from the occurrence thereof.

En Banc/Division Cases:a. En Banc: All cases involving the constitutionality of a treaty, international or executive agreement, or law; and all other cases which, under the Rules of Court, are to be heard en banc, including those involving the constitutionality, application or operation of presidential decrees, proclamations, orders, instructions, ordinances and other regulations. These cases are decided with the concurrence of a majority of the members who actually took part in the deliberations on the issues and voted thereon.

b. Division: Other cases or matters may be heard in division, and decided or resolved with the concurrence of a majority of the members who actually took part in the deliberations on the issues and voted thereon, but in no case without the concurrence of at least 3 of such members.◦ When the required number is not obtained, the case shall

be decided en banc.◦ No doctrine or principle of law laid down by the court in a

decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

Actual case or controversy◦ A conflict of legal rights, an assertion of opposite

legal claims susceptible of judicial determination.◦ The controversy must be definite and concrete.◦ A request for an advisory opinion is not an actual

case or controversy.◦ The issues raised in the case must not be moot and

academic, or because of subsequent developments, have become moot and academic.

◦ Nevertheless, courts will decide a question, otherwise moot, if it is “capable of repetition yet evading review” (Alunan III v. Mirasol, G.R. No. 108399, July 31, 1997)

◦ The Court may also exercise the power of judicial review even if the issues had become moot and academic when it feels called upon to exercise its symbolic function, such as in Salonga v. Pano, 134 SCRA 438, where it was held that the Court had the duty to formulate guiding and controlling constitutional principles, precepts, doctrines or rules, and the symbolic function to educate the bench and the bar on the extent of protection given by the constitutional guarantees.

Proper Party◦ Is one who has sustained or is in imminent

danger of sustaining an injury as a result of the act complained of.

◦ Legal Standing is defined as a personal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act.

◦ A party’s standing in court is a procedural technicality, which may be set aside by the Court in view of the importance of the issues involved.

◦ A taxpayer, or group of taxpayers, is a proper party to question the validity of a law appropriating public funds. To constitute a taxpayer’s suit, 3 requisites must be met, namely: (1) that public funds are disbursed by a political subdivision or instrumentality; and in doing so, (2) a law is violated or some irregularity is committed; and (3) that the petitioner is directly affected by the allegedly ultra vires act.

◦ The Government of the Phil. is a proper party to question the validity of its own laws, because more than any one, it should be concerned with the constitutionality of its acts.

◦ Facial Challenge. The established rule is that a party can question the validity of a statute only if, as applied to him, it is unconstitutional. The exception is the so-called “facial challenge.” But the only time a facial challenge to a statute is allowed is when it operates in the area of freedom of expression.

Earliest Opportunity◦ The constitutional question must be raised at

the earliest possible opportunity.◦ Generally, the question must be raised in the

pleadings; however, in criminal cases, the question can be raised at any time at the discretion of the court; in civil cases, the question can be raised at any stage of the proceedings if necessary for determination of the case itself; and in every case, except where there is estoppel, it can be raised at any stage if it involves the jurisdiction of the court.

Necessity of Deciding Constitutional Question◦ The decision on the constitutional question

must be determinative of the case itself.

Orthodox view: An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is inoperative, as if it had not been passed at all.

Modern view: Courts simply refuse to recognize the law and determine the rights of the parties as if the statute had no existence.

Partial Unconstitutionality; Requisites:1. The Legislature must be willing to retain the valid

portion(s), usually shown by the presence of a separability clause in the law; and

2. The valid portion(s) can stand independently as a law.

Original jurisdiction: over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus.

Appellate jurisdiction: Review, revise, reverse, modify, or afirm on appeal or certiorari as the law or Rules of Court may provide, final judgments and orders of lower courts in (i) all cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation is in question; (ii) all cases involving the legality of any tax, impost, assessment or toll, or any penalty imposed in relation thereto; (iii) all cases in which the jurisdiction of any lower court is in issue; (iv) all criminal cases in which the penalty imposed is reclusion perpetua or higher; and (v) all cases in which only an error or question of law is involved.

Temporary assignment of judges of lower courts to other stations as public interest may require; but the assignment shall not exceed six months without the consent of the judge concerned.

Order of change of venue or place of trial, to avoid miscarriage of justice.

Rule making power: Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged.

◦ Limitations on the rule-making power: The rules must provide a simplified and inexpensive procedure for the speedy disposition of cases; they must be uniform for all courts of the same grade; and must not diminish, increase or modify substantive rights.

◦ An “Integrated Bar” is a State-organized Bar, to which every lawyer must belong, as distinguished from a bar association organized by individual lawyers themselves, membership in which is voluntary.

◦ The writ of amparo is a writ that may be issued by the courts, based on this constitutional power of the SC to promulgate rules, for the protection and enforcement of constitutional rights.

◦ Congress cannot amend the Rules of Court.◦ Rules of procedure of special courts and quasi-judicial

bodies shall remain effective unless disapproved by the SC.

Power of Appointment: The SC appoints all officials and employees of the Judiciary in accordance with the Civil Service Law.

Power of Administrative Supervision: The SC shall have administrative supervision over all courts and the personnel thereof (Sec. 6, Art. VIII)◦ The Ombudsman may not initiate or investigate

a criminal or administrative complaint before his office against a judge; he must first indorse the case to the SC for appropriate action.

◦ Administrative proceedings before the SC are confidential in nature.

Supreme Court: Justices may be removed only by impeachment.

Lower Courts: Judges shall hold office during good behavior until they reach the age of 70 yrs. or become incapacitated to discharge the duties of their office (Sec. 11, Art. VIII)◦ The SC en banc shall have the power to

discipline judges of lower courts, or order their dismissal by a vote of a majority of the members who actually took part in the deliberations on the issues and voted thereon (Sec. 11, Art. VIII)

Periods for Decision (Sec. 15, Art. VIII)All cases filed after the effectivity of the Constitution must be decided or resolved, from date of submission, within: 24 months – SC; 12 months – lower collegiate courts; and 3 months – all other lower courts; unless, in the two latter cases, the period is reduced by the SC. A certification to be signed by the Chief Justicw or Presiding Justice shall be issued stating the reason for delay.◦ Despite expiration of the mandatory period, the court,

without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted to it without further delay.

◦ The court does not lose jurisdiction over the case, despite the lapse of the mandatory period, but the erring judge or justice may be subjected to administrative sanctions for the delay.

Salaries of Judges/JusticesFixed by law; may not be decreased during their continuance in office.◦ In Nitafan v. Tan, 152 SCRA 284, it was held

that the imposition of income tax on salaries of judges does not violate the constitutional prohibition against decrease in salaries.

Conclusions in any case submitted to it for decision 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.

The decision shall state clearly and distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration shall be refused due course or denied without stating the legal basis therefor.

Annual ReportSC to submit, within 30 days from the opening of each regular session of Congress, to the Pres. and to Congress an annual report on the operations and activities of the Judiciary (Sec. 16, Art. VIII)