ARTICLE VII.

THE EXECUTIVE DEPARTMENT

Section 1. EXECUTIVE POWER
Scope:
1) Executive power is vested in the President of the Philippines.
2) The scope of this power is set forth in Art. VII of the Constitution. But this power is not limited to
those set forth therein. The SC, in Marcos v. Manglapus, referred to the RESIDUAL powers of the
President as the Chief Executive of the country, which powers include others not set forth in the
Constitution. EXAMPLE: The President is immune from suit and criminal prosecution while he is in
office.
3) Privilege of immunity from suit is personal to the President and may be invoked by him alone. It
may also be waived by the President, as when he himself files suit.
4) BUT The President CANNOT dispose of state property unless authorized by law.
Section 2. QUALIFICATIONS
1)
2)
3)
4)
5)

Natural-born citizen of the Philippines

Registered voter;
Able to read and write;
At least 40 years old on the day of election
Philippine resident for at least 10 years immediately preceding such election.

Note: The Vice-President has the same qualifications & term of office as the President. He is elected
with & in the same manner as the President. He may be removed from office in the same manner as
the President.
Section 4. MANNER OF ELECTION/ TERM OF OFFICE
Manner of Election
1) The President and Vice-President shall be elected by direct vote of the people.
2) Election returns for President and Vice-President, as duly certified by the proper Board of
Canvassers shall be forwarded to Congress, directed to the Senate President.
3) Not later than 30 days after the day of the election, the certificates shall be opened in the presence
of both houses of Congress, assembled in joint public session.
4) The Congress, after determining the authenticity and due execution of the certificates, shall
canvass the votes.
5) The person receiving the highest number of votes shall be proclaimed elected.

6) In case of a tie between 2 or more candidates, one shall be chosen by a majority of ALL the
members of both Houses, voting separately. In case this results in a deadlock, the Senate
President shall be the acting President until the deadlock is broken.
7) The Supreme Court en banc shall act as the sole judge over all contests relating to the election,
returns, and qualifications of the President or Vice-President and may promulgate its rules for the
purpose.
Term of Office
1) President
a) 6 years beginning at noon on 30 June immediately following the election and ending at noon on
the same day 6 years later.
b) Term limitation: Single term only; not eligible for any reelection.
c) Any person who has succeeded as President, and served as such for more than 4 years shall
NOT be qualified for election to the same office at any time.
2) Vice-President:
a) 6 years, starting and ending the same time as the President.
b) Term limitation: 2 successive terms.
c) Voluntary renunciation of the office for any length of time is NOT an interruption in the continuity
of service for the full term for which the Vice-President was elected.
Section 6. SALARIES AND EMOLUMENTS
1) Official salaries are determined by law.
2) Salaries cannot be decreased during the TENURE of the President and the Vice-President.
3) Increases take effect only after the expiration of the TERM of the incumbent during which the
increase was approved.
4) Prohibited from receiving any other emolument from the government or any other source during
their TENURE
Sections 7-12, PRESIDENTIAL SUCCESSION
1. Vacancies at the beginning of the term
VACANCY
President-elect fails to qualify or to be
chosen
President-elect dies or is permanently
disabled.
Both President and VP-elect are not
chosen or do not qualify or both die, or
both become permanently disabled.

SUCCESSOR
VP-elect will be Acting President until
someone is qualified/chosen as President.
VP becomes President.
1. Senate President or
2. In case of his inability, the Speaker of
the House shall act as President until a
President or a VP shall have been

chosen and qualified.

In case of death or disability of (1) and (2),
Congress shall determine, by law, who will
be the acting President.
2. Vacancies after the office is initially filled:
VACANCY
President dies, is permanently disabled, is
impeached, or resigns.
Both President and Vice-President die,
become
permanently
disabled,
are
impeached, or resign.

SUCCESSOR
Vice-President becomes President for the
unexpired term.
1. Senate President or
2. In case of his inability, the Speaker of
the House shall act as President until
the President or VP shall have been
elected and qualified.

3) Vacancy in office of Vice-President during the term for which he was elected:
a) President will nominate new VP from any member of either House of Congress.
b) Nominee shall assume office upon confirmation by majority vote of ALL members of both
Houses, voting separately. (Nominee forfeits seat in Congress)
4) Election of President and Vice-President after vacancy during tem
a)

Congress shall convene 3 days after the vacancy in the office of both the President and the VP,
without need of a call. The convening of Congress cannot be suspended.

b)

Within 7 days after convening, Congress shall enact a law calling for a special election to elect
a President and a VP. The special election cannot be postponed.

c)

The special election shall be held not earlier than 45 days not later than 60 days from the time
of the enactment of the law.

d)

The 3 readings for the special law need not be held on separate days.

e)

The law shall be deemed enacted upon its approval on third reading.

BUT: No special election shall be called if the vacancy occurs within 18 months before the date of
the next presidential election.
5) Temporary disability of the President:
The temporary inability of the President to discharge his duties may be raised in either of two ways:
a) By the President himself, when he sends a written declaration to the Senate President and
the Speaker of the House. In this case, the Vice-President will be Acting President until the
President transmits a written declaration to the contrary.

b) When a majority of the Cabinet members transmit to the Senate President and the Speaker
their written declaration.
(i)

The VP will immediately be Acting President.

(ii)

BUT: If the President transmits a written declaration that he is not disabled, he

reassumes his position

(iii)

If within 5 days after the President re-assumes his position, the majority of the
Cabinet retransmits their written declaration, Congress shall decide the issue. In this
event, Congress shall reconvene within 48 hours if it is not in session, without need
of a call.

(iv)

Within 10 days after Congress is required to assemble, or 12 days if Congress is not

in session, a 2/3 majority of both Houses, voting separately, is needed to find the
President temporarily disabled, in which case, the VP will be Acting President.

6) Presidential Illness:
a) If the President is seriously ill, the public must be informed thereof.
b) Even during such illness, the National Security Adviser, the Secretary of Foreign Affairs, and
the Chief of Staff of the AFP are entitled to access to the President
Section 13. DISQUALIFICATIONS
SUBJECT
SOURCE OF DISQUALIFICATION
President,
Vice-President, Prohibited from:
Cabinet Members, Deputies or 1. Holding any office or employment during their
Assistants of Cabinet Members
tenure, UNLESS:
a. otherwise provided in the Constitution (e.g. VP
can be appointed a Cabinet Member, Sec. of
Justice sits on Judicial and Bar Council); or
b. the positions are ex-officio and they do not receive
any salary or other emoluments therefor (e.g. Sec.
of Finance is head of Monetary Board).
2.

Practicing, directly or indirectly, any other

profession during their tenure;

3.

Participating in any business;

4.

Being financially interested in any contract with,

or in any franchise, or special privilege granted
by the government or any subdivision, agency or
instrumentality thereof, including GOCC's or their
subsidiaries.

N.B. The rule on disqualifications for the President

and his Cabinet are stricter than the normal rules
applicable to appointive and elective officers under

th

Spouses and
4
degree
relatives of the President
(consanguinity or affinity)

Art. IX-B, Sec. 7.

Cannot be appointed during Presidents tenure as:
1.
2.
3.
4.
5.

Members of the Constitutional Commissions;

Office of the Ombudsman;
Department Secretaries;
Department under-secretaries;
Chairman or heads of bureaus or offices
including GOCCs and their subsidiaries.

N.B.
a. If the spouse, etc., was already in any of the
above offices at the time before his/her spouse
became President, he/she may continue in office.
What is prohibited is appointment and
reappointment, NOT continuation in office.
b. Spouses, etc., can be appointed to the judiciary
and as ambassadors and consuls.
Sections 14-16. POWER TO APPOINT
Principles:
1)
2)

Since the power to appoint is executive in nature, Congress cannot usurp this function.
While Congress (and the Constitution in certain cases) may prescribe the qualifications for
particular offices, the determination of who among those who are qualified will be appointed is the
Presidents prerogative.

Scope:
The President shall appoint the following:
1)
2)
3)
4)

Heads of executive departments (CA confirmation needed):

Ambassadors, other public ministers, and consuls (CA confirmation needed).
Officers of AFP from rank of colonel or naval captain (CA confirmation needed).
Other officers whose appointment is vested in him by the Constitution (CA confirmation needed),
such as:
a) Chairmen and members of the COMELEC, COA and CSC.
b) Regular members of the Judicial and Bar Council.
c) The Ombudsman and his deputies;
d) Sectoral representatives in Congress.

N.B. President also appoints members of the Supreme Court and judges of the lower courts,
but these appointments do not need CA confirmation.

5) All other officers whose appointments are not otherwise provided for by law; and those whom he
may be authorized by law to appoint.

a) This includes the Chairman and members of the Commission on Human Rights, whose
appointments are provided for by law NOT by the Constitution
b) Congress may, by law, vest the appointment of other officers lower in rank in the President
alone or in the courts, or in the heads of departments, agencies, boards or commissions.
c)

BUT: Congress cannot, by law, require CA confirmation of the appointment of other officers
for offices created subsequent to the 1987 Constitution (e.g. NLRC Commissioners, Bangko
Sentral Governor).

d)

ALSO: Voluntary submission by the President to the CA for confirmation of an appointment

which is not required to be confirmed does not vest the CA with jurisdiction. The President
cannot extend the scope of the CAs power as provided for in the Constitution.

Procedure:
1) CA confirmation needed:
a)
b)
c)
d)

Nomination by President
Confirmation by CA
Appointment by President; and
Acceptance by appointee.

Note: At any time before all four steps have been complied with, the President can withdraw the
nomination/appointment.
2) No CA confirmation:
a) Appointment; and
b) Acceptance.
Note: Once appointee accepts, President can no longer withdraw the appointment.
Ad-interim appointments:
1) When Congress is in recess, the President may still appoint officers to positions subject to CA
confirmation.
2) These appointments are effective immediately, but are only effective until they are disapproved by
the CA or until the next adjournment of Congress.
3) Appointments to fill an office in an acting capacity are NOT ad-interim in nature and need no CA
approval.
Appointments by an Acting President:
These shall remain effective UNLESS revoked by the elected President within 90 days from his
assumption or re-assumption of office.
Limitation

1) 2 months immediately before the next Presidential elections, and up to the end of his term, the
President or Acting President SHALL NOT make appointments. This is to prevent the practice of
midnight appointments.
2) EXCEPTION:
a) Can make TEMPORARY APPOINTMENTS
b) To fill EXECUTIVE POSITIONS;
c) If continued vacancies therein will prejudice public service or endanger public safety.
Section 17. Power of Control and Supervision
Power of Control:
The power of an officer to alter, modify, or set aside what a subordinate officer has done in the
performance of his duties, and to substitute the judgment of the officer for that of his subordinate.
Thus, the President exercises control over all the executive departments, bureaus, and offices.
The Presidents power over government-owned corporations comes not from the Constitution but from
statute. Hence, it may be taken away by statute.
Qualified Political Agency:
1) Since all executive and administrative organizations are adjuncts of the Executive Department, the
heads of such departments, etc. are assistants and agents of the President.
2) Thus, generally the acts of these department heads, etc, which are performed and promulgated in
the regular course of business, are presumptively the acts of the President.
3) Exception: If the acts are disapproved or reprobated by the President.
4) Under Administrative Law, decisions of Department Secretaries need not be appealed to the
President in order to comply with the requirement of exhaustion of administrative remedies.
5) Qualified political agency does NOT apply if the President is required to act in person by law or by
the Constitution. Example: The power to grant pardons must be exercised personally by the
President.
Disciplinary Powers:
1) The power of the President to discipline officers flows from the power to appoint the, and NOT from
the power control.
2) BUT While the President may remove from office those who are not entitled to security of tenure, or
those officers with no set terms, such as Department Heads, the officers, and employees entitled to
security of tenure cannot be summarily removed from office.
Power of Supervision:

1) This is the power of a superior officer to ensure that the laws are faithfully executed by
subordinates.
2) The power of the president over local government units is only of general supervision. Thus, he can
only interfere with the actions of their executive heads if these are contrary to law.
3) The execution of laws is an OBLIGATION of the President. He cannot suspend the operation of
laws.
4) The power of supervision does not include the power of control; but the power of control necessarily
includes the power of supervision.
Section 18. COMMANDER-IN-CHIEF POWERS
Scope:
1) The President is the Commander-in-Chief of the Armed Forces.
2) Whenever necessary, the President may call out the AFP to PREVENT or SUPPRESS:
a) Lawless violence;
b) Invasion; or
c) Rebellion.
3) The President may also:
a) Suspend the privilege of the writ of habeas corpus; and
b) Proclaim a state of martial law.
Suspension of the privilege of the writ of habeas corpus and declaring martial law;
1. Grounds
a. Invasion or
b. Rebellion; and
c. Public safety requires it.
2. The invasion or rebellion must be ACTUAL and not merely imminent.
3. Limitations:
a. Suspension or proclamation is effective for only 60 days.
b. Within 48 hours from the declaration or suspension, the President must submit a report to
Congress.
c. Congress, by majority vote and voting jointly, may revoke the same, and the President
cannot set aside the revocation.
d. In the same manner, at the Presidents initiative, Congress can extend the same for a period
determined by Congress if:

i. Invasion or rebellion persist and

ii. Public safety requires it.
NOTE: Congress CANNOT extend the period motu propio.
e. Supreme Court review:
i. The appropriate proceeding can be filed by any citizen.
ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.
iii. Decision is promulgated within 30 days from filing.
f.

Martial Law does NOT:

i. Suspend the operation of the Constitution.
ii. Supplant the functioning of the civil courts or legislative assemblies.
iii. Authorize conferment of jurisdiction on military courts over civilians where civil courts
are able to function and
iv. Automatically suspend the privilege of the writ.

g. Suspension of privilege of the writ:

i. Applies ONLY to persons judicially charged for rebellion or offenses inherent in or
directly connected with invasion.
ii. Anyone arrested or detained during suspension must be charged within 3 days.
Otherwise he should be released.
Note: While the suspension of the privilege of writ and the proclamation of martial law is subject to
judicial review, the actual use by the President of the armed forces is not. Thus, troop deployments in
times of war is subject to the Presidents judgment and discretion.
Section 19: EXECUTIVE CLEMENCY
Scope:
1.) The President may grant the following: [ Pa R C Re]
a. Pardons (conditional or plenary)
b. Reprieves
c. Commutations
d. Remittance of fines and forfeitures
2.) These may only be granted AFTER conviction by final judgment.
3.) ALSO: The power to grant clemency includes cases involving administrative penalties.
4.) Where a conditional pardon is granted, the determination of whether it has been violated rests
with the President
Limitations:

1.) As to scope:
Cannot be granted:
a.) Before conviction
b.) In cases of impeachment
c.) For violations of election laws, rules, and regulation without the favorable
recommendation of the COMELEC
d.) In cases of civil or legislative contempt
2.) As to effect:
a.) Does not absolve civil liabilities for an offense.
b.) Does not restore public offices already forfeited, although eligibility for the same may be
restored.
Amnesty:
1.) An act of grace concurred in by Congress, usually extended to groups of persons who commit
political offenses, which puts into oblivion the offense itself.
2.) President alone CANNOT grant amnesty. Amnesty needs concurrence by a majority of all the
members of Congress.
3.) When a person applies for amnesty, he must admit his guilt of the offense which is subject to
such amnesty. If his application is denied, he can be convicted based on this admission of guilt.
4.) Amnesty V. Pardon
AMNESTY
Addressed to POLITICAL offenses
Granted to a CLASS of persons
Need not be accepted
Requires concurrence of majority of
all members of Congress
A public act. Subject to judicial notice
Extinguishes the offense itself

May be granted before or after

conviction

PARDON
Addressed to ORDINARY offenses
Granted to INDIVIDUALS
Must be accepted
No need for Congressional concurrence
Private act of President. It must be proved.
Only penalties are extinguished.
May or may not restore political rights.
Absolute pardon restores. Conditional
does not.
Civil indemnity is not extinguished.
Only granted after conviction by final
judgement

Section 20. Power to Contract or Guarantee Foreign Loans

Limitations:
(1) The President may contract or guarantee foreign loans on behalf of the Republic of the Philippines
with the prior concurrence of the Monetary Board; and

(2) Subject to such limitations as may be provided by law.

Section 21. Foreign Relations Powers include:
(1) Power to negotiate treaties and other international agreements
(a) BUT: Such treaty of international agreement must be concurred in by at least 2/3 of all
Senators in order to be valid and effective in our country.
(b) Options of Senate when a treaty is submitted for its approval:
(i)
Approve with 2/3 majority;
(ii)
Disapprove outright; or
(iii)
Approve conditionally, with suggested amendments.
(c) If treaty is not re-negotiated, no treaty
(d) If treaty is re-negotiated and the Senates suggestions are incorporated, the treaty will go
into effect without need of further Senate approval.
Note: While our municipal law makes a distinction between international agreements and executive
agreements, with the former requiring Senate approval and the latter not needing the same, under
international law, there is no such distinction.
Note: The President cannot, by executive agreement, undertake an obligation which indirectly
circumvents a legal prohibition.
(e) Conflict between treaty and municipal law.
(i) Philippine court:
The later enactment will prevail, be it treaty or law, as it is the latest expression of the
States will.
(ii) International tribunal
Treaty will always prevail.
A State cannot plead its municipal law to justify
noncompliance with an international obligation.
(2) Power to appoint ambassadors, other public ministers, and consuls.
(3) Power to receive ambassadors and other public ministers accredited to the Philippines.
(4) Power to contract and guarantee foreign loans on behalf of the Republic
(5) Power to deport aliens
(a) This power is vested in the President by virtue of his office, subject only to
restrictions as may be provided by legislation as regards the grounds for deportation.
(b) In the absence of any legislative restriction to authority, the President may still
exercise this power.

(c) The power to deport aliens is limited by the requirements of due process, which
entitles the alien to a full and fair hearing.
BUT: The alien is not entitled to bail as a matter of right.
ARTICLE VIII. THE JUDICIAL DEPARTMENT
SEC. 1. JUDICIAL POWER
Scope:
1. Judicial power is the authority to settle justiciable controversies or disputes involving rights that are
enforceable and demandable before the courts of justice or the redress of wrongs for violations of
such rights.
2. Vested in the Supreme Court and such lower courts as may be established by law.
3. Since the courts are given judicial power and nothing more, courts may neither attempt 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.
4. In order that courts may exercise this power, there must exist the following:
a. An actual controversy with legally demandable and enforceable rights;
b. Involving real parties in interest;
c. The exercise of such power will bind the parties by virtue of the courts application of existing
laws.
5. Judicial power cannot be exercised in vacuum. Without any laws from which rights arise and which
are violated, there can be no recourse to the courts.
6. The courts cannot be asked for advisory opinions.
7. Judicial power includes:
a. The duty of the courts to settle actual controversies involving rights which are legally
demandable and enforceable; and
b. 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.
Political Questions:
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 discretionary authority
has been delegated to a co-equal branch of the Government.
2. 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.

SEC. 2. ROLES OF CONGRESS

1. Defining enforceable and demandable rights and prescribing remedies for violations of such rights;
and
2. Determining the court with jurisdiction to hear and decide controversies or disputes arising from
legal rights.
3. Thus, Congress has the power to define, prescribe and apportion the jurisdiction of various courts.
4. BUT, Congress cannot deprive the Supreme Court of its jurisdiction over cases provided for in the
Constitution.
5. Creation and abolition of courts:
a. The power to create courts implies the power to abolish and even re-organize courts.
b. BUT this power cannot be exercised in a manner which would undermine the security of
tenure of the judiciary.
c. 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)
SEC. 3. FISCAL AUTONOMY
1. The entire judiciary shall enjoy fiscal autonomy.
2. Annual appropriations for the judiciary cannot be reduced below the amount appropriated for the
previous year.
3. Once approved, appropriations shall be automatically and regularly released.
SECS. 4-7; 12 JUDICIARY
Composition of the Supreme Court:
1. Chief Justice and
2. 14 Associate Justices
Note: Members of the Supreme Court and of other courts established by law shall not be designated to
any agency performing quasi-judicial or administrative functions.
Qualifications of members of the SC:
1.
2.
3.
4.

Natural born citizen of the Philippines

At least 40 years old
At least 15 years of experience as a judge or in the practice of law in the Philippines
Person of proven competence, integrity, probity and independence.

Qualifications of members of lower collegiate courts (CA, CTA, Sandiganbayan)

1.
2.
3.
4.

Natural born citizen of the Philippines

Member of the Philippine bar
Possesses other qualifications prescribed by Congress
Person of proven competence, integrity, probity and independence.

Qualifications of judges of lower non-collegiate courts:

1. Citizen of the Philippines (may be a naturalized citizen)
2. Member of the Philippine Bar

3. Possesses other qualifications prescribed by Congress

4. Person of proven competence, integrity, probity and independence.
Section 8. JUDICIAL AND BAR COUNCIL
1. The Judicial and Bar Council is under the supervision of the SC.
A. Is under the supervision of the Supreme Court and is composed of:
1. Chief Justice, as ex-officio chairman
2. Secretary of Justice, as an ex-officio member
3. Representative of Congress, as an ex-officio member
4. Representative of the Integrated Bar
5. A professor of law
6. A retired member of the SC; and
7. Private sector representative
Note: The last four re the regular members of the JBC. Regular members are appointed by the
President with CA approval. Regular members serve for 4 years, with staggered terms.
B. Functions of JBC
1. Principal function: recommend appointees to the Judiciary
2. Exercise such other functions as the SC may assign to it.
C. Appointments to the Judiciary
1.

President shall appoint from a list of at least 3 nominees for each vacancy, as
prepared by the JBC.
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.
4.
Vacancies in lower courts should be filled within 90 days from submission to the
President of the JBC list.
SEC. 10. SALARIES
1. Salaries of SC Justices and judges of lower courts shall be fixed by law.
2. Cannot be decreased during their continuance in office, but can be increased.
3. Members of the Judiciary are NOT exempt from payment of income tax.
SEC. 11. TENURE/DISCIPLINARY POWERS OF SC
1. Members of the SC and judges of the lower courts hold office during good behavior until
a. The age of 70 years old; or
b. They become incapacitated to discharge their duties.
2. Disciplinary action against judges of lower courts:
a. Only the SC en banc has jurisdiction to discipline or dismiss judges of lower courts.
b. Disciplinary action/dismissal: Majority vote of SC Justices who took part in the deliberations
and voted therein.
3. Removal of SC Justices:

a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold office.
SECS. 4-6, 13. THE SUPREME COURT
Hearing of cases:
1.
2.

En banc; or
Divisions of 3, 5, or 7.

Cases required to be heard en banc:

1. All cases involving constitutionality of a/an:
a. Treaty
b. International or executive agreement or
c. Law.
2. All cases required to be heard en banc under the Rules of Court:
a. Appeals from Sandiganbayan; and
b. From the Constitutional Commissions
3. All cases involving the constitutionality, application or operation of
a. Presidential decrees
b. Proclamations
c. Orders
d. Instructions
e. Ordinances; and
f. Other regulations.
4. Cases heard by a division where required majority of 3 was not obtained.
5. Cases where SC modifies or reverses a doctrine or principle of law laid down by the SC en banc or
by a division.
6. Administrative cases to discipline or dismiss judges of lower courts; and
7. Election contests for President and Vice-President.
Cases heard by division
1.

Must be decided with the concurrence of a majority of the members who took part in the
deliberations and voted thereon.
2. Majority vote in a division should be at least 3 members.
Powers of the SC
1. SC has ORIGINAL jurisdiction over
a. Cases affecting ambassadors, other public ministers and consuls.
Note: This refers to foreign ambassadors, etc., stationed in the Philippines.
b. Petitions for certiorari, prohibiton, mandamus, quo warranto, and habeas corpus.

2. SC has APPELLATE jurisdiction over final judgments and orders in the following:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.

a. All cases involving the constitutionality or validity of any

treaty
international or executive agreement
law
presidential decree
proclamation
order
instruction
ordinance, or
regulation;
b. All cases involving the legality of any
i.
tax
ii.
impost
iii.
assessment or
iv.
toll or
v.
any penalty imposed in relation thereto;
c. All cases in which the jurisdiction of any lower court is in issue
d. Criminal cases where the penalty imposed is reclusion perpetua or higher; and
e. All cases where ONLY errors or questions of law are involved.
3. Temporarily assign lower court judges to other stations in the public interest.
Note: Temporary assignment shall not exceed 6 months without the consent of the judge
concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. Promulgate rules concerning:
a. The protection and enforcement of constitutional rights;
b. Pleading, practice and procedure in all courts;
c. Admission to the practice of law;
d. The Integrated Bar; and
e. Legal assistance to the underprivileged.
Limitations on Rule Making Power
a. It should provide a simplified and inexpensive procedure for the speedy disposition of cases.
b. It should be uniform for all courts of the same grade.
c. It should not diminish, increase, or modify substantive rights.
6. Appoint ALL officials and employees of the Judiciary, in accordance with Civil Service Law.
7. Exercise administrative supervision over ALL courts and the personnel thereof.
Decisions of the Supreme Court:

1. Reached in consultation before being assigned to a member for the writing of the opinion.
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.
3. Members of the SC who took no part, or who dissented or abstained must state the reasons
therefore.
Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA, and the
Sandiganbayan).
JUDICIAL REVIEW
Definition
1. Judicial Review is the power of the SC to declare a law, treaty, ordinance etc. unconstitutional.
2. Lower courts may also exercise the power of judicial review, subject to the appellate jurisdiction of
the SC.
3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.
Requisites

Code: [A R S Co R]

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 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
substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of
its enforcement.
4. The question of Constitutionality must be raised in the first instance, or at the earliest opportunity.
5. Resolution of the issue of constitutionality is unavoidable or is the very lis mota.
Effect of a declaration of unconstitutionality:
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.
2. Thus, vested rights may have been acquired under such law before it was declared unconstitutional.
3. These rights are not prejudiced by the subsequent declaration that the law is unconstitutional.
SEC. 14. DECISIONS
1. Decisions MUST state clearly and distinctly the facts and the law on which it is based.
2. Refusal to give due course to petitions for review and motions for reconsideration must state the
legal basis for such refusal.
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 Memorandum for
easy reference.
4. These rules only apply to courts. They do not apply to quasi-judicial or administrative bodies nor to
military tribunals.