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Section 1:
1) What is judicial power?
-it is the right to determine actual controversies arising between adverse litigants, duly instituted in
courts of proper jurisdiction.
-it 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 violation of such rights.
2) What is the abuse of discretion referred to in section 1?
-it amounts to lack or excess of jurisdiction
-this is meant such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction.
-the abuse of discretion must be patent and gross as to amount to an evasion of positive duty or a virtual
refusal to perform a duty enjoined by law or
- to act at all in contemplation of law as where the power is exercised in an arbitrary and despotic manner
by reason of hostility.
-the court can even check acts of Congress and of the President on this basis but with great hesitation.
4) Can the Courts exercise judicial power when there is no applicable law?
- no. It was ruled in Channie tan vs Republic that the court had no authority to entertain an action for
judicial declaration of citizenship because there was no law authorizing such proceeding.
Section 3:
1) May Congress increase or decrease the composition of the SC?
-no
2) How many members constitute a division?
-The court is free to create divisions of three, five or seven. The purpose of allowing up to five divisions
within one court is to enable the court to dispose of cases more speedily.
3) Are divisions separate and distinct courts?
No. Actions considered in any of these divisions and decisions rendered therein are in effect by the same
tribunal. Decisions or resolutions of a division of the courts are not inferior to an en banc decision.
4) How many justices are needed to constitute a quorum when the Court sits en banc and there are only 14
justices in office?
-There should be eight
5) What cases must be heard en banc?
a) all cases involving the constitutionality of a treaty, international or executive agreement or law
b) all cases which under the rules of court may be required to be heard en banc
c) all cases involving the constitutionality, application or operation of presidential decrees,
proclamations, orders, instructions,ordinances and other regulations
d) cases heard by a division when the required majority in division is not obtained
e) cases where the SC modifies or reverses a doctrine or principle of law previously laid down either
en banc or in division
f) administrative cases involving the discipline or dismissal of judges of lower courts
g) election contests of Pres. Or VP
Section 14:
1) What does the rule on “decisions” and “petitions” require?
-that a decision must express clearly and distinctly the facts and law on which it is based as
referring only to decisions
-the petitions cannot be disposed without legal basis
-the court, after deliberating on a petition and any other pleadings, manifestations, comments or
motions decides to deny due course to the petition, and states that the questions raised are factual
or no reversible error in the respondent court’s decision is shown or for some other legal basis is
stated in the resolution there is sufficient compliance with constitutional requirements