*The following cases shall be heard by the SC En Banc
1. All cases involving Constitutionality of (TIEL)
2. All iother cases which under the rules of court are
required to be heard en banc
3. All cases involving constitutionality, application and
operation of PD, Proc, Orders, Instruction, and other
regulations
4.Cases filed by citizen questioning the validity of the
factual basis with regard to the proclamation of ML or
suspension of writ
5. Disciplinary proceedings of a judge
6. Election contest for President and VPres
7. cases where sc modifies or reverses a doctrine or
principle laid down by the SC en banc or by division
*What is One Supreme Court Doctrine?
-The division of the supreme court do not diminish its
authority because although it sits as divisions, it
remains and co-functions as one body (US vs
Limsiongco)
*Judicial Review
-Power of SC to declare law, treaty, ordinances etc
unconstitutional.( lower courts may also exercise this
power to judicial review)
- to determine whether there has been grave abuse of
discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the govnt.
Requisites for JR:
1 Actual case or controversy of rights which are legally
demandable and enforceable
2. Locuse standi (person must have substantial interest)
3.The question involve must be ripe for adjudication
4.The question of constitutionality must be raised in
the first instance, or the earliest opportunity
5.Resolution of the issue of constitutionality is
unavoidable or is the very lis mota
*How are members of the SC be
removed(Impeachment)
1. Culpable violation of the constitution
2.treason
3.bribery
4.graft and corruption
5. other high crimes
6. betrayal of public trust
*Powers of the SC
1. hears cases affecting ambassadors, other ministers,
or consuls; petitions for certiorari, prohibition,
mandamus, quo-warranto, habeas corpus
2. Review, Revise, Reverse, Modify or Affirm on appeal
for certiorari
3.Assign temporarily judges of the lower court to other
stations as public interest may require
4. Order change of venue or place of trial to avoid
miscarriage of justice
5.Discipline judges of lower courts
6.Appoint officials and employees of entire judiciary
*Requirements in promulgating SC decisions
1. Conclusions of the SC 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
2. Once the decision is reached, a certification signed by
the chief Justice shall be issued
3. Any member who took no part or dissented or
abstained from the decision or resolution must state
the reason therefore
All the forging requirements shall be observed by all
lower collegiate courts
*Mandatory period for deciding cases provided under
Sec 15, Art 8
The mandatory period must be decided or resolved:
SC- Within 24 months from the date of submission
which means “upon the filing of the last pleading, brief,
or memorandum required by the Rules of Court or by
the court itself
Lower Collegiate Courts- 12 months unless reduced by
the SC, counted from the date of submission which
means “upon the filing of the last pleading, brief, or
memorandum required by the Rules of Court or by the
court itself
Lower Courts- Within 3 months unless reduced by the
SC, counted from the submission which means (same
with LCC)
*Qualifications of Justice of SC: (ART8, Sec7)
1. Natural-born 2. at least 40 yrs old 3.have been for 15
years a judge of lower courts or engages in practice of
law in the phil. 3.With proven competence, integrity,
probity, and Independence
Qualification for Collegiate courts judges:
1. Natural born 2. Member of the Philippine Bar
3. Must possess other qualifications prescribed by
congress 4. Persons proven of competence, integrity,
probity, and independence
(qualification for lower non-collegiate courts same
except natural born. )
*who fixes the salary of the chief justice and associate
justices- Fixed by law. During their continuance in
office, their salary shall not be decreased (SEC 10).
-may be increased by the congress
-Cannot be subjected to tax bec it would cause
reduction to compensation (perfecto s Meer)
*Executive Branch
Qualifications:
1. Natural born 2. Registered voter 3.able to read and
write 4. At least 40 years old on the day of election 5.
Philippine resident for at least 10 years immediately
preceding the election.
*Manner of election:
1. Pres and vpres shall be elected by direct vote of ppl
2. Election returns for pres and vpres as duly certified
by the board of canvassers shall be forwarded to
congress, directed to the senate pres.
3.not later than 30 days after the day of the election,
certificates shall be opened in the presence of both
houses
4. the congress shall canvass the votes
5.Person receiving the highest number of votes
proclaimed winner
6.In case of tie, one shall be chosen by the majority of
all the members of both houses, voting separately
7. SC en banc shall act as the sole judge over all the
contests relating to election returns.
*term of office of the Pres.
1. 6 yrs beginning at noon on june 30 immediately
following the election and ending at noon on the same
day 6 years later
2.single term only, No reelection
*Term of office of the VP
1. Same with pres
2 2 successive terms only
3. Voluntary renunciation of the office is not
interruption.
Presidential succession:
Pres---VP
Both Pres and VP--- Senate Pres
Pres, vp, Senate pres- Speaker of the house
In the case Estrada vs desierto:
The cause of vacancy to the office of the supposed
Resignation of the presidentbased on the diary of
Exec Sec. Angara and justice Puno concluded with
What he called the result of a totality test. Other
Justices proposed the notion of permanent disab
Ility.
*Suspension of the privilege of writ of habeas
Corpus and ML
Requisites:
1. On the ground of invasion or rebellion;
2 public safety requires it.
The Invasion or rebellion must be actual and not
merely imminent
Limitations:
1. Suspension is effective only for 60 days
2.Within 48 hrs of declaration, the Pres. Must submit
A report to the congress
3.Congress, by majority of vote and voting jointly, may
Revoke the same, and the pres cannot set aside the
Revocation
4.Congress can extend the period of ml
*Executive Clemency:
1.pardons (conditional or plenary)
2. Reprieves
3.Commutations
4. Remillance of fines and forfeitures
Pardon-is an act of grace, exempting individual from
punishment. It is given to an offender who is convicted
by final judgement of any crime. (conditional (do not vi-
olate the conditions and absol
ute paradon( no conditions) )
Amnesty
1. An act of grace concurred in by the congress, usually
Extended to groups of persons who commit political
Offenses, which puts into oblivion the offense itself
2.President cannot grant amnesty. Only congress by
Concurrence of majority votes of all the members
3. when a person applies guilt, he must admit his guilt
Of the offense.
*legislative
Immunity from arrest: can only be invoked by the Senat
If the penalty for the crime charged is not more than
6 years and while the congress is in session.
Bill becomes a law
1.If the pres approves the bill
2.if the pres vetoes the bill, it shall be returned to the
House where it originated