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1987 Constitution 1973 Constitution 1935 Constitution

A8 S1. The judicial power shall be A10S1. The Judicial power shall be A8S1. The Judicial power shall be
vested in one Supreme Court and in vested in one Supreme Court and in vested in one Supreme Court and in
such lower courts as may be such inferior courts as may be such inferior courts as may be
established by law. established by law. The Batasang established by law.
Pambansa shall have the power to
Judicial power includes the duty of define, prescribe, and apportion the
the courts of justice to settle actual jurisdiction of the various courts,
controversies involving rights which but may not deprive the Supreme
are legally demandable and Court of its jurisdiction over cases
enforceable, and to determine enumerated in Section five hereof.
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.

A8S5. The Supreme Court shall have A10S5. The Supreme Court shall A8S2. The National Assembly shall
the following powers: have the following powers: have the power to define, prescribe,
(1) Exercise original jurisdiction over (1) Exercise original jurisdiction over and apportion the jurisdiction of the
cases affecting ambassadors, cases affecting ambassadors, various courts, but may not deprive
other public ministers and other public ministers, and the Supreme Court of its original
consuls, and over petitions for consuls, and over petitions for jurisdiction over cases affecting
certiorari, prohibition, certiorari, prohibition, ambassadors, other public
mandamus, quo warranto, and mandamus quo warranto, and ministers, and consuls, nor of its
habeas corpus. habeas corpus. jurisdiction to review, revise,
(2) Review, revise, reverse, modify, (2) Review and revise, reverse, reverse, modify, or affirm on
or affirm on appeal or certiorari, modify, or affirm on appeal or appeal, certiorari, or writ of error,
as the law or the Rules of Court certiorari, as the law or the Rules as the law or the rules of court may
may provide, final judgments and of Court may provide, final provide, final judgments and
orders of lower courts in: judgments and decrees of decrees of inferior courts in-
(a) All cases in which the inferior courts in– (1) All cases in which the
constitutionality or validity of (a) All cases in which the constitutionality or validity of
any treaty, international or constitutionality or validity of any treaty, law, ordinance, or
executive agreement, law, any treaty, executive executive order or regulation is
presidential decree, agreement, law, ordinance, or in question.
proclamation, order, executive order or regulation (2) All cases involving the legality of
instruction, ordinance, or is in question. any tax, impost, assessment, or
regulation is in question. (b) All cases involving the legality toll, or any penalty imposed in
(b) All cases involving the legality of any tax, impost, relation thereto.
of any tax, impost, assessment, or toll, or any (3) All cases in which the jurisdiction
assessment, or toll, or any penalty imposed in relation of any trial courts is in issue.
penalty imposed in relation thereto. (4) All criminal cases in which the
thereto. (c) All cases in which the penalty imposed is death or life
(c) All cases in which the jurisdiction of any inferior imprisonment.
jurisdiction of any lower court court is in issue. (5) All cases in which an error or
is in issue. (d) All criminal cases in which the question of law is involved.
(d) All criminal cases in which the penalty imposed is death or
penalty imposed is reclusion life imprisonment.
perpetua or higher. (e) All cases in which only an
(e) All cases in which only an error error or question of law is
or question of law is involved. involved.
(3) Assign temporarily judges of (3) Assign temporarily judges of
lower courts to other stations as inferior courts to other stations
public interest may require. Such as public interest may require.
temporary assignment shall not Such temporary assignment shall
exceed six months without the not last longer than six mouths
consent of the judge concerned. without the consent of the judge
(4) Order a change of venue or place concerned.
of trial to avoid a miscarriage of (4) Order a change of venue or place
justice. of trial to avoid a miscarriage of
(5) Promulgate rules concerning the justice.
protection and enforcement of (5) Promulgate rules concerning
constitutional rights, pleading, pleading, practice, and procedure
practice, and procedure in all in all courts, the admission to the
courts, the admission to the practice of law, and the
practice of law, the Integrated integration of the Bar, which,
Bar, and legal assistance to the however, may be repealed,
underprivileged. Such rules shall altered, or supplemented by the
provide a simplified and Batasang Pambansa. Such rules
inexpensive procedure for the shall provide a simplified
speedy disposition of cases, shall and.inexpensive procedure for
be uniform for all courts of the the speedy disposition of cases,
same grade, and shall not shall be uniform for all courts of
diminish, increase, or modify the same grade, and shall not
substantive rights. Rules of diminish, increase, or modify
procedure of special courts and substantive rights.
quasi-judicial bodies shall remain (6) Appoint its officials and
effective unless disapproved by employees in accordance with
the Supreme Court. the Civil Service Law.
(6) Appoint all officials and
employees of the Judiciary in
accordance with the Civil Service
Law.

(Galicto v Executive Secretary)


Under the Rules of Court, petitions for Certiorari and Prohibition are availed of to question judicial, quasi-judicial
and mandatory acts. Since the issuance of an EO is not judicial, quasi-judicial or a mandatory act, a petition for
certiorari and prohibition is an incorrect remedy; instead a petition for declaratory relief under Rule 63 of the Rules
of Court, filed with the Regional Trial Court (RTC), is the proper recourse to assail the validity of EO 7.
Although the instant petition is styled as a petition for certiorari, in essence, it seeks the declaration by this Court
of the unconstitutionality or illegality of the questioned ordinance and executive order. It, thus, partakes of the
nature of a petition for declaratory relief over which this Court has only appellate, not original, jurisdiction.
As such, this petition must necessarily fail, as this Court does not have original jurisdiction over a petition for
declaratory relief even if only questions of law are involved.

While we have recognized in the past that we can exercise the discretion and rulemaking authority we are granted
under the Constitution, and set aside procedural considerations to permit parties to bring a suit before us at the
first instance through certiorari and/or prohibition, this liberal policy remains to be an exception to the general
rule, and thus, has its limits.

The petitioner’s unusual approaches and use of Rule 65 of the Rules of Court do not appear to us to be the result
of any error in reading Rule 65, given the way the petition was crafted. Rather, it was a backdoor approach to
achieve what the petitioner could not directly do in his individual capacity under Rule 65. It was, at the very least,
an attempted bypass of other available modes of review. The transgressions alleged in a petition, however weighty
they may sound, cannot be justifications for blatantly disregarding the rules of procedure, particularly when
remedial measures were available under these same rules to achieve the petitioner’s objectives. For our part, we
cannot and should not – in the name of liberality and the "transcendental importance" doctrine – entertain these
types of petitions.

"while the Court has taken an increasingly liberal approach to the rule of locus standi, evolving from the stringent
requirements of ‘personal injury’ to the broader ‘transcendental importance’ doctrine, such liberality is not to be
abused”

Remedies for invoking judicial review


A. Petition for Certiorari and Prohibition under Rule 65
Rule 65 Rule 45
S1. Petition for certiorari. — When any tribunal, board S1. Filing of petition with Supreme Court. — A party
or officer exercising judicial or quasi-judicial functions desiring to appeal by certiorari from a judgment or final
has acted without or in excess its or his jurisdiction, or order or resolution of the Court of Appeals, the
with grave abuse of discretion amounting to lack or Sandiganbayan, the Regional Trial Court or other courts
excess of jurisdiction, and there is no appeal, or any whenever authorized by law, may file with the Supreme
plain, speedy, and adequate remedy in the ordinary Court a verified petition for review on certiorari. The
course of law, a person aggrieved thereby may file a petition shall raise only questions of law which must be
verified petition in the proper court, alleging the facts distinctly set forth.
with certainty and praying that judgment be rendered
annulling or modifying the proceedings of such tribunal,
board or officer, and granting such incidental reliefs as
law and justice may require.

The petition shall be accompanied by a certified true


copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents relevant
and pertinent thereto, and a sworn certification of non-
forum shopping as provided in the third paragraph of
section 3, Rule 46.

S2. Petition for prohibition. — When the proceedings of


any tribunal, corporation, board, officer or person,
whether exercising judicial, quasi-judicial or ministerial
functions, are without or in excess of its or his
jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is
no appeal or any other plain, speedy, and adequate
remedy in the ordinary course of law, a person
aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty and
praying that judgment be rendered commanding the
respondent to desist from further proceedings in the
action or matter specified therein, or otherwise
granting such incidental reliefs as law and justice may
require.

The petition shall likewise be accompanied by a


certified true copy of the judgment, order or resolution
subject thereof, copies of all pleadings and documents
relevant and pertinent thereto, and a sworn
certification of non-forum shopping as provided in the
third paragraph of section 3, Rule 46.

S3. Petition for mandamus. — When any tribunal,


corporation, board, officer or person unlawfully
neglects the performance of an act which the law
specifically enjoins as a duty resulting from an office,
trust, or station, or unlawfully excludes another from
the use and enjoyment of a right or office to which such
other is entitled, and there is no other plain, speedy and
adequate remedy in the ordinary course of law, the
person aggrieved thereby may file a verified petition in
the proper court, alleging the facts with certainty and
praying that judgment be rendered commanding the
respondent, immediately or at some other time to be
specified by the court, to do the act required to be done
to protect the rights of the petitioner, and to pay the
damages sustained by the petitioner by reason of the
wrongful acts of the respondent.
The petition shall also contain a sworn certification of
non-forum shopping as provided in the third paragraph
of section 3, Rule 46.

Appeal by Certiorari (Rule 45) Petition for Certiorari (Rule 65)


Scope Involves the review of the Directed agaist an interlocutory
judgment, award or final order on order of the court, or where the
the merits judgment or final order was
rendered without or in excess of
jurisdiction or with grave abuse of
discretion amounting to lack or
excess of jurisdiction and, there is
no appeal or any other plain, speedy
or adequate remedy
Basis Petition is based on questions of law Petition if based on questions of
jurisdiction
Whether mode of appeal or review Mode of appeal; SC is exercising Mode of review; SC is exercising
appellate jurisdiction original jurisdiction.

It is an independent special civil


action not a continuation of the
original action
Time of filing Within 15 days from notice of Filed not later than 60 days from
judgment appealed from notice of judgment sought to be
reviewed
Parties involved Appellant and appellee are the Petitioner and private respondents
original parties to the action, and are the original parties to the civil
the lower court or quasi-judicial action
agency is not impleaded
Judge, court, quasi-agency, tribunal
or person shall be impleaded as
public respondents

Where to file Filed with the SC Filed with the RTC, CA,
Sandiganbayan, SC

B. Declaratory Relief
R63 S1. Who may file petition. — Any person interested under a deed, will, contract or other written instrument,
or whose rights are affected by a statute, executive order or regulation, ordinance, or any other governmental
regulation may, before breach or violation thereof bring an action in the appropriate Regional Trial Court to
determine any question of construction or validity arising, and for a declaration of his rights or duties, thereunder.
An action for the reformation of an instrument, to quiet title to real property or remove clouds therefrom, or to
consolidate ownership under Article 1607 of the Civil Code, may be brought under this Rule.

C. Others